G/TBT/N/USA/1512/Rev.1  
17 March 2021  
(21-2213) Page: 1/2 
Committee on Technical Barriers to Trade  Original:  English  
 
  
NOTIFICATION  
Revision  
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 (Articles 3.2 and 7.2):   
2. Agency responsible:  Environmental Protection Agency (EPA)  
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 diff erent 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 [   ], other :   
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading.  ICS numbers may be provided in addition, where applicable):  Persistent, 
bioaccumulative and toxic chemicals; Environmental protection (ICS 13.020), 
Occupational safety. Industrial hygiene (ICS 13.10 0), Domestic safety (ICS 13.120), 
Production in the chemical industry (ICS 71.020), Products of the chemical industry (ICS 
71.100)  
5. Title, number of pages and language(s) of the notified document:  Regulation of 
Persistent, Bioaccumulative, and Toxic Che micals Under TSCA Section 6(h); Request for 
Comments (4 page(s), in English)  
6. Description of content:  Proposed rule - In accordance with the 21 January 2021, 
Executive Order entitled " Protecting Public Health and the Environment and Restoring 
Science to Tackle the Climate Crisis " and other Biden -Harris  Administration Executive 
orders and other direction, the Environmental Protection Agency (EPA) is requesting 
additional public comments on five final rules recently issued under the Toxic Substances 
Control Act (TSCA). On 6 January 2021, EPA issued final rules to address its obligations 
under TSCA for five persistent, bioaccumulative, and toxic (PBT) chemicals that EPA 
determined met the criteria for expedited action under TSCA. These chemicals are 2,4,6 -
tris(tert -butyl)phenol (2,4,6 -TTBP) (CASRN 732 -26-3); decabromodiphenyl ether 
(decaBDE) (CASRN 1163 -19-5); phenol, isopropylated phosphate (3:1) (PIP (3:1)) 
(CASRN 68937 -41-7); pentachlorothiophenol (PCTP) (CASRN 133 -49-3); and 
hexachlorobutadiene (HCBD) (CASRN 87 -68-3). PBT chemicals are of particular conc ern 
in the Agency's efforts to protect human health and the environment because they are 
toxic and remain in the environment for long periods of time and can build up or 
accumulate in the body. As a first step in its efforts to immediately review these rul es to 
determine whether they are consistent with the Administration policy to limit exposure to 
dangerous chemicals (and to determine whether and how these rules should be revised), 
EPA invites public comment on the final rules, including whether there are  further 
exposure reductions that could be achieved, including exposure reductions for potentially 
exposed or susceptible subpopulations and the environment; implementation issues G/TBT/N/USA/1512/Rev.1  
 
- 2 - 
 
  associated with these final rules; and whether to consider additional or alt ernative 
measures or approaches. In particular, EPA is seeking comment on specifics of recently 
raised issues regarding the compliance date for the prohibition on the processing and 
distribution of PIP (3:1) for use in articles, and PIP (3:1) -containing ar ticles.  
7. Objective and rationale, including the nature of urgent problems where 
applicable:  Protection of human health or safety; Protection of the environment   
8. Relevant documents:  86 Federal Register (FR) 14398, 16 March 2020; Title 40 Code 
of Federal Regulations (CFR) Part 751:  
https://www.govinfo.gov/content/pkg/FR -2021-03-16/html/20 21-05138.htm  
https://www.govinfo.gov/content/pkg/FR -2021-03-16/pdf/2021 -05138.pdf  
This proposed rule is identified by Docket Number EPA -HQ-OPPT-2021-0202. The Docket 
Folder is available on Regulations.gov at https://www.regulations.gov/docket/EPA -HQ-
OPPT-2021-0202/document  provides access to primary and supporting 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 will be shared with the regulator and will also be 
submit ted to the Docket  on Regulations.gov if received within the comment period.  
The 6 January 2021 final rules and previous actions notified under the symbol 
G/TBT/N/USA/151 2 are identified by Docket Number EPA -HQ-OPPT-2019-0080. The 
Docket Folder is available on Regulations.gov at 
https://www.regulations.gov/docket/EPA -HQ-OPPT-2019-0080/document  and provides 
access to primary and supporting documents as well as comments received. Documents 
are also accessible from Regulations.gov  by searching the Docket Number.  
9. Proposed date  of adoption:  To be determined  
Proposed date of entry into force:  To be determined  
10. Final date for comments:  17 March 2021  
11. Texts available from:  National enquiry point [ ] or address, telephone or fax 
numbers  and email and website address es, if available , of other body:   
https://members.wto.org/crnattachments/2021/TBT/USA/21_2022_00_e.pdf