US EPA Launches Public Consultation on Final Rules for Five Hazardous Substances

The US Environmental Protection
Agency (EPA) has opened a public consultation on five final rules released to
regulate five persistent, bioaccumulative and toxic (PBT) chemicals under Section 6(h) of the
Toxic Substances Control Act (TSCA).

The final rules
relate to:

  • 2,4,6-Tris(tert-butyl)phenol
  • Decabromodiphenyl ether
  • Phenol, isopropylated
    phosphate (3:1) (PIP (3:1)
  • Pentachlorothiophenol
  • Hexachlorobutadiene

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in January 2021, the final rules were to be implemented in phases, beginning on
March 8, 2021. The EPA then announced a 60-day public consultation on March 16,
2021, complementing a news release of March 8, 2021 –
‘Seeking public
comment on protecting human health and the environment from PBT chemicals’.

The EPA is seeking comments on:

  • Whether
    there are further exposure reductions that could be achieved, including exposures
    potentially exposed or susceptible subpopulations, and the environment
  • Implementation
    issues relating to these final rules
  • Whether to
    consider additional or alternative measures or approaches

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The EPA is particularly interested in comments
relating to the compliance date for:

  • Prohibitions
    on processing and distribution of PIP (3:1) for use in articles
  • PIP
    (3:1)-containing articles as it could impact articles used in a variety of
    electronics (e.g., cell phones, robotics to manufacture semiconductors,
    equipment to transport COVID-19 vaccines at the correct temperature, etc.)

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To ensure there is no disruption, the EPA
has published a temporary ‘No Action Assurance’ that suspends enforcement for 180-days.

Stakeholders have until to May 17, 2021 to
submit comments to the EPA.

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EPA Requests Comments for PBT Chemicals

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For further information contact:

Dr HingWo Tsang

Global Information and Innovation Manager

Tel: (+852) 2774 7420



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