EPA Proposes to Amend PBT Rules for decaBDE and PIP (3:1) – Update from Bergeson & Campbell, P.C.

On November 24, 2023, the U.S. Environmental Protection Agency (EPA) published a proposed rule that will amend the regulations for decabromodiphenyl ether (decaBDE) and phenol, isopropylated phosphate (3:1) (PIP (3:1)), two of the five persistent, bioaccumulative, and toxic (PBT) chemicals addressed in final rules issued under the Toxic Substances Control Act (TSCA) in January 2021. 88 Fed. Reg. 82287. In the proposed rule, EPA states that after receiving additional comments following the issuance of the 2021 PBT final rules, it “determined that revisions to the decaBDE and PIP (3:1) regulations are necessary to address implementation issues and to reduce further exposures.” According to EPA, as required under TSCA, the proposed requirements would, if issued in final, reduce the potential for exposures to humans and the environment to decaBDE and PIP (3:1) to the extent practicable. EPA notes that it is not proposing to revise the existing regulations for the other three PBT chemicals (2,4,6-tris(tert-butyl)phenol (2,4,6-TTBP), hexachlorobutadiene (HCBD), and pentachlorothiophenol (PCTP)) at this time. Comments must be received on or before January 8, 2024. For more information, please read the full memorandum.

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