(AGENPARL) – lun 20 novembre 2023 Issued: Nov 20, 2023 (11:35am EST)
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EPA Proposes Stronger Rules to Protect People from Persistent,
Bioaccumulative, and Toxic Chemical Exposures
WASHINGTON (Nov. 20, 2023) – Today, the U.S. Environmental Protection Agency
(EPA) released a proposed rule to further protect people from exposure to two
chemicals that are toxic, remain in the environment for long periods of time,
and accumulate in the body. Both decabromodiphenyl ether (decaBDE) and phenol,
isopropylated phosphate (3:1) (PIP (3:1)) are persistent, bioaccumulative and
toxic (PBT) chemicals that were subject to risk management rules under the
Toxic Substances Control Act (TSCA). 
EPA’s proposed rule would impose workplace safety protections and restrict
water releases. It would also address broader implementation issues affecting
the supply chains of various industry sectors including the nuclear energy
sector, transportation, construction, agriculture, forestry, mining, life
sciences, and semiconductor production.
“Persistent, bioaccumulative and toxic chemicals can remain in the
environment and our bodies for long periods of time, which makes it
particularly important that EPA ensures protections are in place for these
chemicals,” said Assistant Administrator for the Office of Chemical Safety
and Pollution Prevention Michal Freedhoff. “Today’s proposed rule will
better protect workers and communities from dangerous chemical exposures,
while also ensuring that critical uses of these chemicals can continue
safely.” 
TSCA directed EPA to take expedited action on five PBT chemicals to reduce
exposure and protect human health and the environment, and EPA finalized risk
management rules in early January 2021. In February 2021, EPA announced that
it would review actions taken under the previous Administration to ensure the
Agency followed the science and the law. EPA also noted at that time that
after the rules were finalized, manufacturers of a wide range of key consumer
and commercial goods informed EPA that they were unable to meet compliance
deadlines in the rules and warned of widespread economic disruption if changes
were not made. 
In March 2021, in light of Executive Orders and other guidance provided by the
Biden-Harris Administration, EPA opened a public comment period to collect
additional comments on whether the rules sufficiently reduced exposures to the
PBT chemicals, on implementation issues associated with the PBT final rules,
and on whether to consider additional or alternative measures. This rule
proposes to amend two of those five rules. EPA 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.
DecaBDE
DecaBDE is a flame retardant used in wire and cables for nuclear power
generation facilities and multiple applications for aerospace and automotive
vehicles including replacement parts. EPA has previously worked to reduce
exposures from the larger class of flame retardants that include decaBDE,
known as polybrominated diphenyl ethers. EPA has identified adverse human
health effects associated with exposure to decaBDE, including damage to the
development of the central nervous system and reproductive problems.
Accordingly, EPA prohibited manufacturing, processing, and distribution in
commerce of decaBDE and decaBDE-containing products or articles in its 2021
final rule, with a few exceptions.
This new proposed rule would require that workers use personal protective
equipment (PPE) for some activities involving decaBDE not subject to the 2021
prohibitions, prohibit releases to water during manufacturing, processing, and
distribution in commerce of decaBDE and decaBDE-containing products, and
require entities intending to export decaBDE-containing wire and cable for
nuclear power generation facilities to notify EPA. 
The rule would also extend the compliance date for processing and distribution
in commerce of decaBDE-containing wire and cable insulation for use in nuclear
power generation facilities until after the service life of the wire and
cable. This extended compliance date allows for the nuclear power generation
industry to move to alternatives to decaBDE-containing wire and cable that
play a vital role in the operation of numerous safety systems required by
Federal regulations for both safe operation and safe shutdown of nuclear
facilities. Nuclear facilities need qualified wire and cable to operate
safely, and new types of wire and cable can take years to be certified
consistent with the Nuclear Regulatory Commission regulations. 
PIP (3:1)
PIP (3:1) is a plasticizer, a flame retardant, an anti-wear additive, or an
anti-compressibility additive that has been used in hydraulic fluid,
lubricating oils, lubricants and greases, various industrial coatings,
adhesives, sealants, and plastic articles. It is also used in key consumer and
commercial goods such as cellular telephones, laptop computers, and other
electronic and electrical devices and industrial and commercial equipment used
in various sectors including transportation, construction, agriculture,
forestry, mining, life sciences, and semiconductor production. PIP (3:1) is
toxic to aquatic plants, aquatic invertebrates, sediment invertebrates, and
fish. EPA has identified adverse human health effects associated with exposure
to PIP (3:1), including reproductive problems, neurological effects and damage
to the liver, ovaries, heart and lungs.
Previously, EPA extended the compliance dates for articles containing PIP
(3:1) to address the challenges that were inadvertently created by the
original compliance dates in the January 2021 final rule to October 2024.
Except for the exclusions and phase-outs for specific uses mentioned below,
EPA is not proposing to further extend the October 2024 compliance date. 
In this rule, EPA proposes to further extend the compliance dates for some
articles used in manufacturing equipment and the semiconductor industry. The
proposed rule also includes new worker protections, including a requirement
that workers use PPE during manufacturing and processing of PIP (3:1).
EPA has also proposed phasing out some uses of PIP (3:1) that were excluded
from the prohibitions in the February 2021 rule. For example, some uses of PIP
(3:1) in lubricants and greases that were excluded from the prohibitions in
the previous rule would be subject to a 5-year phaseout under this proposed
rule. EPA is also proposing to exclude the processing and distribution of PIP
(3:1) for use in wire harnessing and electric circuit boards from
prohibition.  
In the coming weeks, EPA will host a public webinar for anyone looking for an
overview of the proposed regulatory action. The date, time and registration
information will be announced soon. EPA will accept public comments on the
proposed rule for 45 days following publication in the Federal Register via
docket EPA-HQ-OPPT-2023-0376 at http://www.regulations.gov.
Learn more about today’s proposal.
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