EPA Proposes Revisions to PBT Rules for DecaBDE and PIP (3:1): Potential Industry Implications

On November 24, the U.S. Environmental Protection Agency (EPA) publicized proposed revisions to regulations surrounding decabromodiphenyl ether (decaBDE) and phenol, isopropylated phosphate (3:1) (PIP (3:1)). These two substances were initially regulated as persistent, bioaccumulative, and toxic chemicals (PBTs) under the Toxic Substances Control Act (TSCA) back in January 2021.

The EPA’s proposed adjustments, if approved, could carry significant implications for industries that deal with these chemicals. Below are key takeaways from the current proposal:

  1. The proposed changes would modify the restrictions currently in place on the manufacture (including import), processing, and distribution in commerce for PIP (3:1) for certain uses, along with the associated recordkeeping requirements.
  2. For decaBDE, the amendments put forth by the EPA would alter the prohibition dates regarding its manufacture, processing, and distribution in commerce as it pertains to its certain specified conditions of use.

The proposed revisions are still in the public comment phase. The EPA has encouraged stakeholders and interested parties to provide feedback on these amendments. For legal professionals and corporations working with these chemicals, staying updated on these developments is crucial.

You can read more about these proposed changes and their potential impacts in the details provided by Beveridge & Diamond PC on JDSupra.