EPA Unveils Stricter Rules to Protect Against Toxic Chemicals

On November 20, 2023, the U.S. Environmental Protection Agency (EPA) unveiled a proposed rule designed to enhance protection against two toxic chemicals—decabromodiphenyl ether (decaBDE) and phenol, isopropylated phosphate (3:1) (PIP (3:1)). These persistent, bioaccumulative, and toxic (PBT) chemicals, previously subject to risk management provisions under the Toxic Substances Control Act (TSCA), are now the focus of enhanced workplace safety measures and water release restrictions.

The proposed rule aims to protect workers, communities, and critical industries such as nuclear energy, transportation, construction, agriculture, forestry, mining, life sciences, and semiconductor production.

The 2021 Rule

In response to TSCA, EPA moved quickly to address five PBT chemicals to protect human health and the environment, finalizing risk management rules in January 2021. In February, a review was initiated to ensure adherence to science and law, considering feedback from manufacturers who anticipated compliance challenges. In March, prompted by Biden-Harris Administration directives, EPA sought public input on the PBT rules, leading to proposed amendments for two of the five chemicals. Notably, the regulations for the remaining three PBT chemicals (2,4,6-tris(tert-butyl)phenol (2,4,6-TTBP), hexachlorobutadiene (HCBD) and pentachlorothiophenol (PCTP)) remain unchanged.

Details of the proposed rule

Under the proposed rule, EPA is targeting two specific PBT chemicals:

DecaBDE: A flame retardant widely used in nuclear power and aerospace applications, decaBDE has been linked to adverse health effects. EPA's 2021 rule prohibited its manufacture, processing, and distribution, with exceptions. The new proposal introduces further measures by requiring personal protective equipment (PPE) for specific decaBDE activities, prohibiting water releases during production, and extending the compliance date for certain applications crucial for nuclear facilities.

PIP (3:1): This versatile chemical found in hydraulic fluids, coatings, electronics, and various industries poses risks to aquatic life and human health. The proposed rule extends compliance dates for certain applications, introduces worker protections, and outlines a phase-out approach for certain uses of PIP (3:1). EPA will host a public webinar to provide an overview of the proposed rule, with a 45-day comment period after publication.

The proposed measures will strengthen protection against these hazardous chemicals while ensuring that essential uses can continue safely.

For more details and to provide public comments, visit www.regulations.gov (Docket: EPA-HQ-OPPT-2023-0376).