Current and Future Actions on PBT Rules
Proposed Reconsideration Rule for PBT Chemicals
In November of 2023, following extensive engagement with relevant stakeholders and governmental organizations, EPA proposed modifications to the regulations of decaBDE and PIP (3:1) to address risk and reduce exposures to these PBT chemicals to the extent practicable.
For decaBDE, the revisions to the 2021 PBT final rule propose to:
- Require a label on existing plastic shipping pallets that are known to contain decaBDE;
- Require the use of personal protective equipment (also referred to as “PPE”) for some activities involving decaBDE, codifying existing practices, including a NIOSH-approved N95 respirator with an assigned protection factor (APF) of 10 and gloves that are chemically resistant to decaBDE;
- Prohibit releases to water during the manufacturing, processing, and distribution in commerce of decaBDE, decaBDE-containing products, and require all persons to follow any applicable regulations and best management practices for preventing the release of decaBDE;
- Extend the compliance date for processing and distribution in commerce of decaBDE-containing wire and cable insulation for use in nuclear power generation facilities;
- Require export notification for decaBDE-containing wire and cable for use in nuclear power generation facilities; and
- Modify existing recordkeeping requirements and require records associated with the workplace protection requirements.
For PIP (3:1), the revisions to the 2021 PBT final rule propose to:
- Require the use of PPE for the domestic manufacturing and processing of PIP (3:1) and some PIP (3:1)-containing products and articles, codifying existing practices, including at least a NIOSH-approved respirator with an APF of 10 and gloves that are chemically resistant to PIP (3:1);
- Require the use of engineering controls and PPE for the use of PIP (3:1) as an intermediate in the manufacturing of cyanoacrylate adhesives, codifying existing practices, including at least a NIOSH-approved respirator with an APF of 50 and gloves that are chemically resistant to PIP (3:1);
- Narrow the scope of the exclusion for lubricants and greases to aviation and turbine uses, with a 5-year phased-in prohibition for all other uses;
- Add new exclusions for use in wire harnesses and electric circuit boards;
- Replace the exclusion for new and replacement parts for motor vehicles with a 15-year phased-in prohibition for new parts and an additional 15 years for replacement parts;
- Replace the exclusion for new and replacement parts for aerospace vehicles with a 30-year phased-in prohibition for new parts and until the end of the service life of the vehicle for replacement parts;
- Extend the compliance timeframe for an additional 10 years for use in manufacturing equipment and in the semiconductor industry; and
- Add a new 5-year compliance timeframe deadline for processing and distribution of PIP (3:1) for use as an inert ingredient in a Federal Insecticide, Fungicide, and Rodenticide Act-approved antifouling paint coating for U.S. Navy applications, and
- Modify existing recordkeeping requirements and require records associated with the workplace protection requirements.
On December 14, 2023 EPA will hold a webinar on the proposed revisions to the 2021 PBT final rule. Register for the webinar.
2021 Final Rules and Compliance Date Extensions
As required under the Toxic Substances Control Act (TSCA), the U.S. Environmental Protection Agency (EPA) issued final rules on January 6, 2021, to reduce exposures to five chemicals that are persistent, bioaccumulative and toxic (PBT). In 2021, EPA announced that it was reviewing these rules in light of recent Executive Orders and other guidance provided by the Biden-Harris Administration and opened a public comment period to collect additional comments or information relevant to any aspect of the final PBT rules.
Learn more about the five final PBT rules.
Since the finalization of the 2021 rules, EPA has taken steps to ensure that critical supply chains are not disrupted and avert adverse impacts to the U.S. nuclear power sector. In 2022, EPA issued a final rule extending the compliance dates to October 31, 2024 for the prohibitions on PIP (3:1) when used in some articles. EPA’s proposed updates to the PIP (3:1) rule addresses the compliance timeline.
- View the March 2022 final rule extending the compliance dates for the prohibitions on processing and distribution of PIP (3:1) when used in some articles to October 31, 2024.
- View EPA’s announcement to extend the compliance date for decaBDE-containing wire and cable for nuclear power generation facilities.