G/TBT/N/USA/2070  
27 November 2023  
(23-7980) Page: 1/2 
Committee on Technical Barriers to Trade  Original:  English  
 
  
NOTIFICATION  
The following notification is being circulated in accordance with Article 10.6  
 
1. Notifying Member:  UNITED STATES OF AMERICA  
If applicable, name of local government involved (Article 3.2 and 7.2):   
2. Agency responsible:   
Environmental Protection Agency (EPA) [2101]  
Name and address (including telephone and fax numbers , email and website 
addresses, if available) of agency or authority designated to handle comments 
regarding the notification shall be indicated if different from above:   
Please submit comments to: USA WTO TBT Enquiry Point, Email: usatbtep@nist.gov  
3. Notified under Article 2.9.2 [X], 2.10.1 [  ], 5.6.2 [  ], 5.7.1 [  ], 3.2 [  ], 7.2 [  ], 
other :  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable):  
Decabromodiphenyl ether and phenol, isopropylated phosphate (3:1); Environmental 
protection (ICS code(s): 13.020); Domestic safety (ICS code(s): 13.120); Production in 
the chemical industry (ICS code(s): 71.020); Products of the chemical industry (ICS 
code(s): 71.100)  
5. Title, number of pages and language(s) of the notified document:  
Decabromodiphenyl Ether and Phenol, Isopropylated Phosphate (3:1); Revision to the 
Regulation of Persistent, Bioaccumulative, and Toxic Chemicals Under the Toxic 
Substances Control Act (TSCA); (26 page(s), in English)  
6. Description of content:  Proposed rul e - The Environmental Protection Agency (EPA) is 
proposing revisions to 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 addr essed in final rules issued under the Toxic 
Substances Control Act (TSCA)  in January 2021. After receiving additional comments 
following the issuance of the 2021 PBT final rules, the Agency has determined that 
revisions to the decaBDE and PIP (3:1) regulations are necessary to address 
implementation issues and to reduce further exposures. As required under TSCA, these 
proposed requirem ents would, if finalized, reduce the potential for exposures to humans 
and the environment to decaBDE and PIP (3:1) to the extent practicable. The Agency is 
not proposing to revise the existing regulations for the other three PBT chemicals (2,4,6 -
TTBP, HCB D, and PCTP) at this time.  
7. Objective and rationale, including the nature of urgent problems where 
applicable:  Protection of human health or safety; Protection of the environment  G/TBT/N/USA/2070  
 
- 2 - 
 
  8. Relevant documents:   
88 Federal Register (FR) 82287, 24 November 2023; Title 40 Code of Federal Regulations 
(CFR) Part 751   
https://www.govinfo.gov/content/pkg/FR -2023-11-24/html/2023 -25714.htm  
https://www.govinfo.gov/content/pkg/FR -2023-11-24/pdf/2023 -25714.pdf  
This proposed rule is identified by Docket Number EPA -HQ-OPPT-2023-0376. The Docket 
Folder is available on Regulations.gov at https://www.regulations.gov/docket/EPA -HQ-
OPPT-2023-0376/document  and provides access to primary documents as well as 
comments received. Documents are  also accessible from Regulations.gov  by searching 
the Docket Number. WTO Members and their stakeholders are asked to submit comments 
to the USA TBT Enquiry Point . Comments received by the USA TBT Enquiry Point from 
WTO Members and their stakeholders by 4pm Eastern Time  on 8 January 2024 will be 
shared with the regulator and will also be submitted to the Docket  on Regulations.gov if 
received within the comment period.  
G/TBT/N/USA/1512 and subsequent noti fications  - Regulation of Persistent, 
Bioaccumulative, and Toxic Chemicals Under TSCA Section 6(h); Docket Numbers EPA-
HQ-OPPT-2019-0080 and EPA-HQ-OPPT-2021-0202. 
G/TBT/N/USA/1792 and G/TBT/N/USA/1792/Add.1  - Regulation of Persistent, 
Bioaccumulative, and Toxic Chemicals Under  TSCA Section 6(h); Phenol, Isopropylated 
Phosphate (3:1); Docket Number EPA-HQ-OPPT-2021-0598. 
9. Proposed date of adoption:  To be determined  
Proposed date of entry into force:  To be determined  
10. Final date for comments:  8 January 2024  
11. Texts available from:  National enquiry point [ ] or address, telephone and fax 
numbers and email and website addresses, if available , of other body:   
https://members.wto.org/crnattachments/2023/TBT/USA/23_13788_00_e.pdf