On November 24, 2023, a proposed rule was published by the U.S. Environmental Protection Agency (EPA) that may significantly affect regulations pertaining to decabromodiphenyl ether (decaBDE) and phenol, isopropylated phosphate (3:1) (PIP (3:1)). These are two amongst five persistent, bioaccumulative, and toxic (PBT) chemicals previously addressed in final rules issued by the Toxic Substances Control Act (TSCA) in January, 2021. The proposed rule suggests changes which come following the EPA receiving additional marketplace and legal feedback. Further detailed information is provided by Bergeson & Campbell, P.C.
In January 2021, the TSCA established final rules regarding a select group of PBT chemicals, including decaBDE and PIP (3:1). These chemicals, recognised for their persistence in the environment, capability to biomagnify in food chains and potential for toxicity, have been under stringent regulation in a bid to manage public health risks.
However, the proposed rule published in November suggests shifts in the existing regulatory framework for these two chemicals. Following the receipt of additional comments from policy pundits, legal professionals, business holders and environmental scientists, it appears the EPA is preparing to introduce modifications to the current legal guidance on decaBDE and PIP (3:1) handling, usage and disposal.
As legal professionals in corporate law, understanding these regulatory shifts is essential in providing proper advice to corporations about their obligations, rights and potential liabilities under environmental laws.
Going forward, it is crucial for legal professionals to gain an in-depth understanding of the proposed changes as well their potential implications. Ensuring that corporate practices align with newly proposed regulations can potentially mitigate the risk of legal sanctions, reputational damage, and contribute to more sustainable corporate strategies. The specific implication of the proposed changes remains to be clear, further guidance and discussions from the EPA will be instrumental in that regard.
For comprehensive understanding of the proposed rule and its potential impact on day-to-day corporate practices, it is crucial to refer to the full text of the proposed rule for accurate and detailed information.