880 Federal Register / Vol. 86, No. 3 / Wednesday, January 6, 2021 / Rules and Regulations 

prohibitions, restrictions, and other 

provisions of this section. These records 

must be maintained for a period of three 

years from the date the record is 

generated. 

§ 751.411 [Reserved] 

§ 751.413 [Reserved] 

[FR Doc. 2020–28690 Filed 1–5–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 751 

[EPA–HQ–OPPT–2019–0080; FRL–10018– 

87] 

RIN 2070–AK34 

Decabromodiphenyl Ether (DecaBDE); 

Regulation of Persistent, 

Bioaccumulative, and Toxic Chemicals 

Under TSCA Section 6(h) 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is finalizing a rule under 

the Toxic Substances Control Act 

(TSCA) to address its obligations under 

TSCA for decabromodiphenyl ether 

(decaBDE) (CASRN 1163–19–5), which 

EPA has determined meets the 

requirements for expedited action under 

of TSCA. This final rule prohibits all 

manufacture (including import), 

processing, and distribution in 

commerce of decaBDE, or decaBDEcontaining products or articles, with 

some exclusions. These requirements 

will result in lower amounts of decaBDE 

being manufactured, processed, 

distributed in commerce, used and 

disposed, thus reducing the exposures 

to humans and the environment. 

DATES: This final rule is February 5, 

2021. For purposes of judicial review 

and 40 CFR 23.5, this rule shall be 

promulgated at 1 p.m. eastern standard 

time on January 21, 2021. 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPPT–2019–0080, is 

available at http://www.regulations.gov 

or at the Office of Pollution Prevention 

and Toxics Docket (OPPT Docket), 

Environmental Protection Agency 

Docket Center (EPA/DC), West William 

Jefferson Clinton Bldg., Rm. 3334, 1301 

Constitution Ave. NW, Washington, DC. 

The Public Reading Room is open from 

8:30 a.m. to 4:30 p.m., Monday through 

Friday, excluding legal holidays. The 

telephone number for the Public 

Reading Room is (202) 566–1744, and 

the telephone number for the OPPT 

Docket is (202) 566–0280. Please review 

the visitor instructions and additional 

information about the docket available 

at http://www.epa.gov/dockets. 

Please note that due to the public 

health emergency, the EPA Docket 

Center (EPA/DC) and Reading Room 

was closed to public visitors on March 

31, 2020. Our EPA/DC staff will 

continue to provide customer service 

via email, phone, and webform. For 

further information on EPA/DC services, 

docket contact information and the 

current status of the EPA/DC and 

Reading Room, please visit https://

www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: For 

technical information contact: Clara 

Hull, Existing Chemicals Risk 

Management Division, Office of 

Pollution Prevention and Toxics 

(7404T), Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW, 

Washington, DC 20460–0001; telephone 

number: 202–564–3954; email address: 

hull.clara@epa.gov. 

For general information contact: The 

TSCA-Hotline, ABVI-Goodwill, 422 

South Clinton Ave., Rochester, NY 

14620; telephone number: (202) 554– 

1404; email address: TSCA-Hotline@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Executive Summary 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you manufacture 

(including import), process, distribute 

in commerce, or use 

decabromodiphenyl ether (decaBDE) 

and decaBDE-containing products and 

articles, especially wire and cable 

rubber casings, textiles, electronic 

equipment casings, building and 

construction materials, and imported 

articles such as aerospace and 

automotive parts. The following list of 

North American Industrial 

Classification System (NAICS) codes is 

not intended to be exhaustive, but rather 

provides a guide to help readers 

determine whether this document 

applies to them. Potentially affected 

entities may include: 

• Nuclear Electric Power Generation 

(NAICS Code 221113); 

• Power and Communication Line 

and Related Structures Construction 

(NAICS Code 237130); 

• Nonwoven Fabric Mills (NAICS 

Code 313230); 

• Fabric Coating Mills (NAICS Code 

313320); 

• All Other Basic Organic Chemical 

Manufacturing (NAICS Code 325199); 

• Paint and Coating Manufacturing 

(NAICS Code 325510); 

• Custom Compounding of Purchased 

Resins (NAICS Code 325991); 

• All Other Miscellaneous Chemical 

Product and Preparation Manufacturing 

(NAICS Code 325998); 

• Unlaminated Plastics Film and 

Sheet (except Packaging) Manufacturing 

(NAICS Code 326113); 

• Laminated Plastics Plate, Sheet 

(except Packaging), and Shape 

Manufacturing (NAICS Code 326130); 

• Urethane and Other Foam Product 

(except Polystyrene) Manufacturing 

(NAICS Code 326150); 

• All Other Plastics Product 

Manufacturing (NAICS Code 326199); 

• Copper Rolling, Drawing, 

Extruding, and Alloying (NAICS Code 

331420); 

• Computer and Peripheral 

Equipment Manufacturing (NAICS Code 

3341); 

• Radio and Television Broadcasting 

and Wireless Communications 

Equipment Manufacturing (NAICS Code 

334220); 

• Other Communications Equipment 

Manufacturing (NAICS Code 334290); 

• Audio and Video Equipment 

Manufacturing (NAICS Code 334310); 

• Other Communication and Energy 

Wire Manufacturing (NAICS Code 

335929); 

• Current-Carrying Wiring Device 

Manufacturing (NAICS Code 335931); 

• Motor Vehicle Manufacturing 

(NAICS Code 3361), e.g., automobile, 

aircraft, ship, and boat manufacturers 

and motor vehicle parts manufacturers; 

• Other Motor Vehicle Parts 

Manufacturing (NAICS Code 336390); 

• Aircraft Manufacturing (NAICS 

Code 336411); 

• Guided Missile and Space Vehicle 

Manufacturing (NAICS Code 336414); 

• Surgical Appliance and Supplies 

Manufacturing (NAICS Code 339113); 

• Doll, Toy, and Game Manufacturing 

(NAICS Code 33993); 

• Automobile and Other Motor 

Vehicle Merchant Wholesalers (NAICS 

Code 423110); 

• Motor Vehicle Supplies and New 

Parts Merchant Wholesalers (NAICS 

Code 423120); 

• Hotel Equipment and Supplies 

(except Furniture) Merchant 

Wholesalers (NAICS Code 423440); 

• Household Appliances, Electric 

Housewares, and Consumer Electronics 

Merchant 

Wholesalers (NAICS Code 423620); 

• Sporting and Recreational Goods 

and Supplies Merchant Wholesalers 

(NAICS Code 423910); 

• Toy and Hobby Goods and Supplies 

Merchant Wholesalers (NAICS Code 

423920); 


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• Other Chemical and Allied 

Products Merchant Wholesalers (NAICS 

Code 424690); 

• New Car Dealers (NAICS Code 

441110); 

• Boat Dealers (NAICS Code 441222); 

• Automotive Parts and Accessories 

Stores (NAICS Code 441310); 

• Furniture Stores (NAICS Code 

442110); 

• Household Appliance Stores 

(NAICS Code 443141); 

• Electronics Stores (NAICS Code 

443142); 

• All Other Home Furnishing Stores 

(NAICS Code 442299); 

• Children’s and Infant’s Clothing 

Stores (NAICS Code 448130); 

• Hobby, Toy, and Game Stores 

(NAICS Code 451120); 

• General Merchandise Stores (NAICS 

Code 452); 

• Electronic Shopping and MailOrder Houses (NAICS Code 454110); 

• Aircraft Maintenance and Repair 

Services (NAICS Code 488190); 

• Traveler Accommodations (NAICS 

Code 7211); 

• General Automotive Repair (NAICS 

Code 811111). 

If you have any questions regarding 

the applicability of this action to a 

particular entity, consult the technical 

information contact listed under FOR

FURTHER INFORMATION CONTACT. 

B. What is the Agency’s authority for 

taking this action? 

Section 6(h) of TSCA, 15 U.S.C. 2601 

et seq., directs EPA to issue a final rule 

under TSCA section 6(a) on certain 

persistent, bioaccumulative, and toxic 

(PBT) chemical substances. More 

specifically, EPA must take action on 

those chemical substances identified in 

the 2014 Update to the TSCA Work Plan 

for Chemical Assessments (Ref. 1) that, 

among other factors, EPA has a 

reasonable basis to conclude are toxic 

and that with respect to persistence and 

bioaccumulation score high for one and 

either high or moderate for the other, 

pursuant to the TSCA Work Plan 

Chemicals: Methods Document (Ref. 2). 

DecaBDE (CASRN 1163–19–5) is one 

such chemical substance. Other 

chemical substances are being 

addressed through separate Federal 

Register notices. For the purposes of 

this final rule, these specific chemical 

substances are hereinafter collectively 

referred to as the PBT chemicals. This 

final rule is final agency action for 

purposes of judicial review under TSCA 

section 19(a). 

C. What action is the Agency taking? 

EPA published a proposed rule on 

July 29, 2019, to address the five PBT 

chemicals EPA identified pursuant to 

TSCA section 6(h) (84 FR 36728; FRL– 

9995–76). After publication of the 

proposed rule, EPA determined to 

address each of the five PBT chemicals 

in separate final actions. This final rule 

prohibits the manufacture (including 

import) and processing of decaBDE, and 

products and articles to which decaBDE 

has been added effective 60 days after 

publication of the final rule, and 

distribution in commerce of products 

and articles to which decaBDE has been 

added one year after the effective date 

of the rule. Different compliance dates 

or exclusions from the date of 

publication of this prohibition include: 

• 18 months for any manufacture, 

processing and distribution in 

commerce of decaBDE for use in 

curtains in the hospitality industry, and 

the curtains to which decaBDE has been 

added. 

• Two years for any processing and 

distribution in commerce of decaBDE 

for use in wire and cable insulation in 

nuclear power generation facilities, and 

the decaBDE-containing wire and cable 

insulation. 

• Three years for any manufacture, 

processing and distribution in 

commerce of decaBDE for use in parts 

installed in and distributed as part of 

new aerospace vehicles, and the parts to 

which decaBDE has been added for such 

vehicles. After the end of their service 

lives for import, processing, and 

distribution in commerce of aerospace 

vehicles manufactured before January 7, 

2024 that contain decaBDE in any part. 

After the end of their service lives for 

manufacture, processing, and 

distribution in commerce of decaBDE 

for use in replacement parts for 

aerospace vehicles, and the replacement 

parts to which decaBDE has been added 

for such vehicles. 

• After the end of their service lives, 

or 2036, whichever is earlier, for 

manufacture, processing, and 

distribution in commerce of decaBDE 

for use in replacement parts for motor 

vehicles, and the replacement parts to 

which decaBDE has been added for such 

vehicles. 

• After the end of their service lives 

for distribution in commerce of plastic 

shipping pallets manufactured prior to 

March 8, 2021 that contain decaBDE. 

• Exclusion for processing and 

distribution in commerce for recycling 

of decaBDE-containing plastic products 

and articles (i.e., the plastic to be 

recycled is from products and articles 

that were originally made with 

decaBDE), and for decaBDE-containing 

products or articles made from such 

recycled plastic, where no new decaBDE 

is added during the recycling or 

production process. 

Persons manufacturing, processing, 

and distributing in commerce decaBDE 

or decaBDE-containing products and 

articles are required to maintain, for 

three years from the date the record is 

generated, ordinary business records 

related to compliance with this rule that 

include the name of the purchaser, and 

list the products or articles. Excluded 

from the recordkeeping requirement are 

persons processing and distributing in 

commerce for; recycling of plastic that 

contains decaBDE, those products and 

articles containing decaBDE from 

recycled plastic as long as no new 

decaBDE was added during the 

recycling process, and plastic shipping 

pallets manufactured prior to the 

effective date of the rule. These records 

must include a statement that the 

decaBDE, or the decaBDE-containing 

products and articles, are in compliance 

with 40 CFR 751.405(a) and be made 

available to EPA within 30 calendar 

days upon request. 

D. Why is the Agency taking this action? 

EPA is issuing this final rule to fulfill 

EPA’s obligations under TSCA section 

6(h) to take timely regulatory action on 

PBT chemicals, including decaBDE, ‘‘to 

address the risks of injury to health or 

the environment that the Administrator 

determines are presented by the 

chemical substance and to reduce 

exposure to the substance to the extent 

practicable.’’ Consistent with that 

requirement, the Agency is finalizing 

this rule to reduce exposures to 

decaBDE to the extent practicable. 

E. What are the estimated incremental 

impacts of this action? 

EPA has evaluated the potential costs 

of these restrictions and prohibitions 

and the associated reporting and 

recordkeeping requirements. The 

‘‘Economic Analysis for Final 

Regulation of Decabromodiphenyl ether 

(decaBDE) under TSCA section 6(h)’’ 

(Economic Analysis) (Ref. 3), is 

available in the docket and is briefly 

summarized here. 

• Benefits. EPA was not able to 

quantify the benefits of reducing the 

potential for human and environmental 

exposures to decaBDE. As discussed in 

more detail in Unit II.A., EPA did not 

perform a risk evaluation for decaBDE, 

nor did EPA develop quantitative risk 

estimates. Therefore, the Economic 

Analysis (Ref. 3) qualitatively discusses 

the benefits of reducing the exposure 

under the final rule for decaBDE. 

• Costs. Total quantified annualized 

social costs for this final rule are 

approximately $157,000 (at both 3% 


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882 Federal Register / Vol. 86, No. 3 / Wednesday, January 6, 2021 / Rules and Regulations 

and 7% discount rates). Quantified costs 

were developed for rule familiarization, 

product substitution, and 

recordkeeping. Potential unquantified 

costs and are those associated with 

testing, reformulation, importation of 

articles, foregone profits, and indirect 

costs. The limited data available for 

those costs prevents EPA from 

constructing a quantitative assessment. 

• Small entity impacts. This final rule 

would impact approximately 17 small 

businesses of which none are expected 

to incur cost impacts of 1% of their 

revenue or greater. 

• Environmental Justice. This final 

rule may increase the level of protection 

for all affected populations without 

having any disproportionately high and 

adverse human health or environmental 

effects on any population, including any 

minority or low-income population or 

children and other downstream 

receptors such as recreational fishers. 

• Effects on State, local, and Tribal 

governments. This final rule does not 

have any significant or unique effects on 

small governments, or federalism or 

tribal implications. 

F. Children’s Environmental Health 

Executive Order 13045 applies if the 

regulatory action is economically 

significant and concerns an 

environmental health risk or safety risk 

that may disproportionately affect 

children. While the action is not subject 

to Executive Order 13045, the Agency’s 

Policy on Evaluating Health Risks to 

Children (https://www.epa.gov/ 

children/epas-policy-evaluating-riskchildren) is to consider the risks to 

infants and children consistently and 

explicitly during its decision making 

process. This final rule will reduce the 

exposures to decaBDE that could occur 

from activities now prohibited under 

this final rule for the general population 

and for potentially exposed or 

susceptible subpopulations such as 

children. More information can be 

found in the Exposure and Use 

Assessment (Ref. 4). 

II. Background 

A. History of This Rulemaking 

TSCA section 6(h) requires EPA to 

take expedited regulatory action under 

TSCA section 6(a) for certain PBT 

chemicals identified in the 2014 Update 

to the TSCA Work Plan for Chemical 

Assessments (Ref. 1). As required by the 

statute, EPA issued a proposed rule to 

address five persistent, 

bioaccumulative, and toxic (PBT) 

chemicals identified pursuant to TSCA 

section 6(h) (84 FR 36728, July 29, 

2019). The statute required that this be 

followed by promulgation of a final rule 

no later than 18 months after the 

proposal. While EPA proposed 

regulatory actions on each chemical 

substance in one proposal, in response 

to public comments (EPA–HQ–OPPT– 

2019–0080–0544), (EPA–HQ–OPPT– 

2019–0080–0553), (EPA–HQ–OPPT– 

2019–0080–0556), (EPA–HQ–OPPT– 

2019–0080–0562) requesting these five 

actions be separated, EPA is finalizing 

five separate actions. EPA intends for 

the five separate final rules to publish 

in the same issue of the Federal 

Register. The details of the proposal for 

decaBDE are described in more detail in 

Unit II.D. 

Under TSCA section 6(h)(1)(A), the 

subject chemical substances subject to 

expedited action are those that: 

• EPA has a reasonable basis to 

conclude are toxic and that with respect 

to persistence and bioaccumulation 

score high for one and either high or 

moderate for the other, pursuant to the 

2012 TSCA Work Plan Chemicals: 

Methods Document or a successor 

scoring system; 

• Are not a metal or a metal 

compound; and 

• Are chemical substances for which 

EPA has not completed a TSCA Work 

Plan Problem Formulation, initiated a 

review under TSCA section 5, or 

entered into a consent agreement under 

TSCA section 4, prior to June 22, 2016, 

the date that the Frank R. Lautenberg 

Chemical Safety for the 21st Century 

Act was enacted. 

In addition, in order for a chemical 

substance to be subject to expedited 

action, TSCA section 6(h)(1)(B) states 

that EPA must find that exposure to the 

chemical substance under the 

conditions of use is likely to the general 

population or to a potentially exposed 

or susceptible subpopulation identified 

by the Administrator (such as infants, 

children, pregnant women, workers or 

the elderly), or to the environment on 

the basis of an exposure and use 

assessment conducted by the 

Administrator. TSCA section 6(h)(2) 

further provides that the Administrator 

shall not be required to conduct risk 

evaluations on chemical substances that 

are subject to TSCA section 6(h)(1). 

Based on the criteria set forth in 

TSCA section 6(h), EPA proposed to 

determine that five chemical substances 

meet the TSCA section 6(h)(1)(A) 

criteria for expedited action, and 

decaBDE is one of these five chemical 

substances. In addition, in accordance 

with the statutory requirements to 

demonstrate that exposure to the 

chemical substance is likely under the 

conditions of use, EPA conducted an 

Exposure and Use Assessment for 

decaBDE. As described in the proposed 

rule, EPA conducted a review of 

available literature with respect to 

decaBDE to identify, screen, extract, and 

evaluate reasonably available 

information on use and exposures. This 

information is in the document entitled 

‘‘Exposure and Use Assessment of Five 

Persistent, Bioaccumulative and Toxic 

Chemicals’’ (Ref. 4). Based on this 

review, which was subject to peer 

review and public comment, EPA 

proposed to find that exposure to 

decaBDE is likely, based on information 

detailed in the Exposure and Use 

Assessment. 

B. Other Provisions of TSCA Section 6 

1. EPA’s approach for implementing 

TSCA section 6(h)(4). 

TSCA section 6(h)(4) requires EPA to 

issue a final TSCA section 6(a) rule to 

‘‘address the risks of injury to health or 

the environment that the Administrator 

determines are presented by the 

chemical substance and reduce 

exposure to the substance to the extent 

practicable.’’ EPA reads this text to 

require action on the chemical, not 

specific conditions of use. The approach 

EPA takes is consistent with the 

language of TSCA section 6(h)(4) and its 

distinct differences from other 

provisions of TSCA section 6 for 

chemicals that are the subject of 

required risk evaluations. First, the term 

‘‘condition of use’’ is only used in TSCA 

section 6(h) in the context of the TSCA 

section 6(h)(1)(B) finding relating to 

likely exposures under ‘‘conditions of 

use’’ to ‘‘the general population or to a 

potentially exposed or susceptible 

subpopulation . . . or the 

environment.’’ In contrast to the risk 

evaluation process under TSCA section 

6(b), this TSCA section 6(h)(1)(B) 

threshold criterion is triggered only 

through an Exposure and Use 

Assessment regarding the likelihood of 

exposure and does not require 

identification of every condition of use 

(Ref. 4). As a result, EPA collected all 

the information it could on the use of 

each chemical substance, without regard 

to whether any chemical activity would 

be characterized as ‘‘known, intended or 

reasonably foreseen to be manufactured, 

processed, distributed in commerce, 

used, or disposed of,’’ and from that 

information created use profiles and 

then an Exposure and Use Assessment 

to make the TSCA section 6(h)(1)(B) 

finding for at least one or more 

‘‘condition of use’’ activities where 

some exposure is likely. EPA did not 

attempt to precisely classify all 

activities for each chemical substance as 

a ‘‘condition of use’’ and thus did not 

attempt to make a TSCA section 


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6(h)(1)(B) finding for all chemical 

activities summarized in the Exposure 

and Use Assessment. Second, TSCA 

section 6 generally requires a risk 

evaluation under TSCA section 6(b) for 

chemicals based on the identified 

conditions of use. However, pursuant to 

TSCA section 6(h)(2), for chemical 

substances that meet the criteria of 

TSCA section 6(h)(1), a risk evaluation 

is neither required nor contemplated to 

be conducted for EPA to meet its 

obligations under TSCA section 6(h)(4). 

Rather, as noted in Unit II.B.3., if a 

previously prepared TSCA risk 

assessment exists, EPA would have 

authority to use that risk assessment to 

‘‘address risks’’ under TSCA section 

6(h)(4), but even that risk assessment 

would not necessarily be focused on 

whether an activity is ‘‘known, intended 

or reasonably foreseen,’’ as those terms 

were not used in TSCA prior to the 2016 

amendments and a preexisting 

assessment of risks would have had no 

reason to use such terminology or make 

such judgments. It is for this reason EPA 

believes that the TSCA section 6(h)(4) 

‘‘address risk’’ standard refers to the 

risks the Administrator determines ‘‘are 

presented by the chemical substance’’ 

and makes no reference to ‘‘conditions 

of use.’’ Congress did not contemplate 

or require a risk evaluation identifying 

the conditions of use as defined under 

TSCA section 3(4). The kind of analysis 

required to identify and evaluate the 

conditions of use for a chemical 

substance is only contemplated in the 

context of a TSCA section 6(b) risk 

evaluation, not in the context of an 

expedited rulemaking to address PBT 

chemicals. Similarly, the TSCA 

amendments require EPA to ‘‘reduce 

exposure to the substance to the extent 

practicable,’’ without reference to 

whether the exposure if found ‘‘likely’’ 

pursuant to TSCA section 6(h)(1)(B). 

Taking this into account, EPA reads 

its TSCA section 6(h)(4) obligation to 

apply to the chemical substance 

generally, thus requiring EPA to address 

risks and reduce exposures to the 

chemical substance without focusing on 

whether the measure taken is specific to 

an activity that might be characterized 

as a ‘‘condition of use’’ as that term is 

defined in TSCA section 3(4) and 

interpreted by EPA in the Risk 

Evaluation Rule, 82 FR 33726 (July 20, 

2017). This approach ensures that any 

activity involving a TSCA section 6(h) 

PBT chemical, past, present or future, is 

addressed by the regulatory approach 

taken. Thus, under this final rule, 

manufacturing, processing, and 

distribution in commerce activities that 

are not specifically excluded are 

prohibited. The specified activities with 

particular exclusions are those which 

EPA determined were not appropriate to 

regulate under the TSCA section 6(h)(4) 

standard. Consistently, based on the 

Exposure and Use Assessment, activities 

associated with decaBDE that may no 

longer be occurring, such as domestic 

manufacture of the chemical substance 

or production of plastic enclosure for 

electronics, are addressed by this rule 

and thus the prohibitions adopted in 

this rule reduce the exposures that will 

result with resumption of past activities 

or the initiation of similar or other 

activities in the future. Therefore, EPA 

has determined that prohibiting these 

activities will reduce exposures to the 

extent practicable. The approach taken 

for this final rule is limited to 

implementation of TSCA section 6(h) 

and is not relevant to any other action 

under TSCA section 6 or other TSCA 

statutory actions. 

2. EPA’s interpretation of practicable. 

The term ‘‘practicable’’ is not defined 

in TSCA. EPA interprets this 

requirement as generally directing the 

Agency to consider such factors as 

achievability, feasibility, workability, 

and reasonableness. In addition, EPA’s 

approach to determining whether 

particular prohibitions or restrictions 

are practicable is informed in part by 

certain other provisions in TSCA 

section 6, such as TSCA section 

6(c)(2)(A) which requires the 

Administrator to consider health effects, 

exposure, and environmental effects of 

the chemical substance; benefits of the 

chemical substance; and the reasonably 

ascertainable economic consequences of 

the rule. In addition, pursuant to TSCA 

section 6(c)(2)(B), in selecting the 

appropriate TSCA section 6(a) 

regulatory approach, the Administrator 

is directed to ‘‘factor in, to the extent 

practicable’’ those same considerations. 

EPA received comments on the 

proposed rule regarding this 

interpretation of ‘‘practicable.’’ EPA has 

reviewed these comments and believes 

the interpretation described previously 

within this Unit is consistent with the 

intent of TSCA and has not changed that 

interpretation. EPA’s interpretation of 

an ambiguous statutory term receives 

deference. More discussion on these 

comments is in the Response to 

Comments document for this 

rulemaking (Ref. 5). 

3. EPA did not conduct a risk 

evaluation or assessment. 

As EPA explained in the proposed 

rule, EPA does not interpret the 

‘‘address risk’’ language to require EPA 

to determine, through a risk assessment 

or risk evaluation, whether risks are 

presented. EPA believes this reading 

gives the Administrator the flexibility 

Congress intended for issuance of 

expedited rules for PBTs and is 

consistent with TSCA section 6(h)(2) 

which makes clear a risk evaluation is 

not required to support this rulemaking. 

EPA received comments on the 

proposed rule regarding its 

interpretation of TSCA section 6(h)(4) 

and regarding EPA’s lack of risk 

assessment or risk evaluation of 

decaBDE. A number of commenters 

asserted that while EPA was not 

compelled to conduct a risk evaluation, 

EPA should have conducted a risk 

evaluation under TSCA section 6(b) 

regardless. The rationales provided by 

the commenters for such a risk 

assessment or risk evaluation included 

that one was needed for EPA to fully 

quantify the benefits to support this 

rulemaking, and that without a risk 

evaluation, EPA would not be able to 

determine the benefits, risks, and cost 

effectiveness of the rule in a meaningful 

way. As described by the commenters, 

EPA would therefore not be able to meet 

the TSCA section 6(c)(2) requirement for 

a statement of these considerations. 

Regarding the contradiction between the 

mandate in TSCA section 6(h) to 

expeditiously issue a rulemaking and 

the time needed to conduct a risk 

evaluation, some commenters argued 

that EPA would have had enough time 

to conduct a risk evaluation and issue 

a proposed rule by the statutory 

deadline. 

EPA disagrees with the commenters’ 

interpretation of EPA’s obligations with 

respect to chemicals subject to TSCA 

section 6(h)(4). TSCA section 6(h)(4) 

provides that EPA shall: (1) ‘‘Address 

the risks of injury to health or the 

environment that the Administrator 

determines are presented by the 

chemical substance’’ and (2) ‘‘reduce 

exposure to the substance to the extent 

practicable.’’ With respect to the first 

requirement, that standard is distinct 

from the ‘‘unreasonable risk’’ standard 

for all other chemicals for which a 

section 6(a) rule might be issued. EPA 

does not believe that TSCA section 6(h) 

contemplates a new evaluation of any 

kind, given that evaluations to 

determine risks are now addressed 

through the TSCA section 6(b) risk 

evaluation process and that TSCA 

section 6(h)(2) explicitly provides that 

no risk evaluation is required. 

Moreover, it would have been 

impossible to prepare a meaningful 

evaluation under TSCA and 

subsequently develop a proposed rule in 

the time contemplated for issuance of a 

proposed rule under TSCA section 

6(h)(1). Although EPA does not believe 

the statute contemplates a new 


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evaluation of any kind for these reasons, 

EPA reviewed the hazard and exposure 

information on the five PBT chemicals 

EPA had compiled. However, while this 

information appropriately addresses the 

criteria of TSCA section 6(h)(1)(A) and 

(B), it did not provide a basis for EPA 

to develop sufficient and scientifically 

robust and representative risk estimates 

to evaluate whether or not any of the 

chemicals present an identifiable risk of 

injury to health or the environment. 

Rather than suggesting a new 

assessment is required, EPA reads the 

‘‘address risk’’ language in TSCA 

section 6(h)(4) to contemplate reliance 

on an existing EPA assessment under 

TSCA, similar to a risk assessment that 

may be permissibly used under TSCA 

section 26(l)(4) to regulate the chemical 

under TSCA section 6(a). This 

interpretation gives meaning to the 

‘‘address risk’’ phrase, without 

compelling an evaluation contrary to 

TSCA section 6(h)(2), and would allow 

use of an existing determination, or 

development of a new determination 

based on such an existing risk 

assessment, in the timeframe 

contemplated for issuance of a proposed 

rule under TSCA section 6(h). However, 

there were no existing EPA assessments 

of risk for any of the PBT chemicals. 

Thus, because EPA had no existing EPA 

risk assessments or determinations of 

risk, the regulatory measures addressed 

in this final rule focus on reducing 

exposures ‘‘to the extent practicable.’’ 

In sum, because neither the statute 

nor the legislative history suggests that 

a new evaluation is compelled to 

identify and thereby provide a basis for 

the Agency to ‘‘address risks’’ and one 

could not be done prior to preparation 

and timely issuance of a proposed rule, 

and no existing TSCA risk assessment 

exists for any of the chemicals, EPA has 

made no risk determination finding for 

any of the PBT chemicals. Instead, EPA 

implements the requirement of TSCA 

section 6(h)(4) by reducing exposures of 

each PBT chemical ‘‘to the extent 

practicable.’’ 

For similar reasons, EPA does not 

believe that TSCA section 6(c)(2) 

requires a quantification of benefits, 

much less a specific kind of 

quantification. Under TSCA section 

6(c)(2)(A)(iv), EPA must consider and 

publish a statement, based on 

reasonably available information, on the 

reasonably ascertainable economic 

consequences of the rule, but that 

provision does not require 

quantification, particularly if 

quantification is not possible. EPA has 

reasonably complied with this 

requirement by including a 

quantification of direct costs and a 

qualitative discussion of benefits in 

each of the preambles to the final rules. 

EPA was unable to quantify the indirect 

costs associated with the rule. More 

discussion on these issues raised in the 

comments is in the Response to 

Comments document (Ref. 5). 

4. Replacement parts and articles. 

In the preamble to the proposed rule, 

EPA explained that it did not read 

provisions of TSCA section 6 that 

conflict with TSCA section 6(h) to apply 

to TSCA section 6(h) rules. Specifically, 

TSCA sections 6(c)(2)(D) and (E) require 

a risk finding pursuant to a TSCA 

section 6(b) risk evaluation to regulate 

replacement parts and articles. Yet, 

TSCA section 6(h) neither compels nor 

contemplates a risk evaluation to 

precede or support the compelled 

regulatory action to ‘‘address the risks 

. . .’’ and ‘‘reduce exposures to the 

substance to the extent practicable’’. 

TSCA section 6(h)(2) makes clear no 

risk evaluation is required, and the 

timing required for conducting a risk 

evaluation is not consistent with the 

timing compelled for issuance of a 

proposed rule under TSCA section 6(h). 

Moreover, even assuming a prior risk 

assessment might allow a risk 

determination under the TSCA section 

6(h)(4) ‘‘address risk’’ standard, such 

assessment would still not satisfy the 

requirement in TSCA section 6(c)(2)(D) 

and (E) for a risk finding pursuant to a 

TSCA section 6(b) risk evaluation. 

Because of the clear conflict between 

these provisions, EPA determined that 

those provisions of TSCA section 6(c) 

that assume the existence of a TSCA 

section 6(b) risk evaluation do not apply 

in the context of this TSCA section 6(h) 

rulemaking. Instead, EPA resolves this 

conflict in these provisions by taking 

into account the TSCA section 6(c) 

considerations in its determinations as 

to what measures ‘‘reduce exposure to 

the substance to the extent practicable’’. 

Commenters contended that TSCA 

section 6(c)(2)(D) and (E) bar a TSCA 

section 6(h) rule in the absence of a risk 

evaluation, representing Congress’s 

recognition of the special burdens 

associated with regulating replacement 

parts and articles, including the 

difficulty of certifying newly designed 

replacement parts for automobiles and 

aircraft, and the difficulty importers face 

in knowing what chemicals are present 

in the articles they import. As noted 

earlier in this Unit and further 

discussed in the Response to Comment 

document, while EPA determined that 

provisions of TSCA section 6(c)(2)(D) 

and (E) do not apply because they 

conflict with the requirements of TSCA 

section 6(h), EPA interpreted the 

‘‘practicability’’ standard in TSCA 

section 6(h)(4) to reasonably 

contemplate the considerations 

embodied by TSCA section 6(c)(2)(D) 

and (E). As a result, EPA disagrees with 

any suggestion that the clear conflict 

between Congress’ mandates in TSCA 

section 6(h) and TSCA section 6(c)(2)(D) 

and (E) must be read to bar regulation 

of replacement parts and articles made 

with chemicals that Congress believed 

were worthy of expedited action under 

TSCA section 6(h) and in the absence of 

a risk evaluation. The statute does not 

clearly communicate that outcome. 

Instead, Congress left ambiguous how 

best to address the conflict in these 

provisions, and EPA’s approach for 

taking into consideration the TSCA 

section 6(c)(2)(D) and (E) concepts in its 

TSCA section 6(h)(4) ‘‘practicability’’ 

determinations is a reasonable 

approach. In addition, with respect to 

comments that TSCA section 6(c)(2)(D) 

and (E) were intended to address 

Congress’s concerns regarding burdens 

associated with regulation of 

replacement parts and articles, EPA 

agrees that these concerns are relevant 

and takes them into account in its 

implementation of the TSCA section 

6(h)(4) mandate, with respect to the 

circumstances for each chemical. 

Finally, EPA does not believe that 

Congress intended, through the article 

provisions incorporated into the TSCA 

amendments, to absolve importers of the 

duty to know what they are importing. 

Importers can and should take steps to 

determine whether the articles they are 

importing contain chemicals that are 

prohibited or restricted. Therefore, as 

discussed earlier in this Unit and in the 

Response to Comment document, EPA 

is continuing to interpret TSCA sections 

6(c)(2)(D) and 6(c)(2)(E) to be 

inapplicable to this rulemaking. While 

this interpretation has not changed, EPA 

has reviewed the practicability of 

regulating replacement parts and 

articles in accordance with the statutory 

directive in TSCA section 6(h)(4) to 

reduce exposures to the PBT chemicals 

to the extent practicable. This is 

discussed further in Unit III.A. 

C. DecaBDE Overview, Health Effects, 

and Exposure 

DecaBDE is used as an additive flame 

retardant in plastic enclosures for 

televisions, computers, audio and video 

equipment, textiles and upholstered 

articles, wire and cables for 

communication and electronic 

equipment, and other applications (Ref. 

6). DecaBDE is also used as a flame 

retardant for multiple applications for 

aerospace and automotive vehicles, 

including replacement parts for aircraft 

and cars (Refs. 7, 8). Exposure 


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information for decaBDE is detailed in 

EPA’s Exposure and Use Assessment 

(Ref. 4), and the proposal. There is 

potential for exposure to decaBDE under 

the conditions of use at all stages of its 

lifecycle (i.e., manufacturing, 

processing, use (industrial, commercial, 

and consumer), distribution, and 

disposal) of the chemical (Ref 4). 

DecaBDE was produced and released at 

higher levels in the past but continues 

to be released. Releases from 

manufacturing and processing are 

declining over time, as are releases 

associated with use, disposal, and 

recycling (Ref. 4). 

Exposure assessments on decaBDE 

have been conducted by EPA (including 

industry-supplied information as part of 

the Voluntary Children’s Chemical 

Evaluation Program), the National 

Academy of Sciences, and international 

governments. These assessments 

describe exposure potential for 

polybrominated diphenyl ethers 

(PBDEs), including decaBDE, through a 

variety of pathways. Adult and child 

exposures occur via dust ingestion, 

dermal contact with dust, and dietary 

exposures (such as dairy consumption). 

Household consumer products have 

been identified as the main source of 

PBDEs (including decaBDE) in house 

dust. The next highest exposure 

pathways included dairy ingestion, and 

inhalation of indoor air (via dust). Infant 

and child exposures occur via 

breastmilk ingestion and mouthing of 

hard plastic toys and fabrics. 

Occupational exposures for 

breastfeeding women were highest in 

women engaged in activities resulting in 

direct contact with decaBDE (Ref. 4). 

DecaBDE is toxic to aquatic 

invertebrates, fish, and terrestrial 

invertebrates. Data indicate the potential 

for developmental, neurological, and 

immunological effects, general 

developmental toxicity and liver effects 

in mammals. There was some evidence 

of genotoxicity and carcinogenicity. The 

studies presented in the document 

entitled ‘‘Environmental and Human 

Health Hazards of Five Persistent, 

Bioaccumulative and Toxic Chemicals 

(Hazard Summary) (Ref. 9) demonstrate 

these hazardous endpoints. EPA did not 

perform a systematic review or a weight 

of the scientific evidence assessment for 

the hazard characterization of these 

chemicals. As a result, this hazard 

characterization is not definitive or 

comprehensive. Other hazard 

information on these chemicals may 

exist in addition to the studies 

summarized in the Hazard Summary 

that could alter the hazard 

characterization. In the 2014 Update to 

the TSCA Work Plan for Chemical 

Assessments (Ref. 1), decaBDE scored 

high (3) for hazard (based on 

developmental effects in mammals and 

aquatic toxicity); high (3) for exposure 

(based on its use in textiles, plastics, 

and polyurethane foam; and information 

reported to the 2012 and 2016 Chemical 

Data Reporting (CDR) and the 2017 

Toxics Release Inventory (TRI))(Ref. 

10,11,12); and high (3) for persistence 

and bioaccumulation (based on high 

environmental persistence and high 

bioaccumulation potential). The overall 

screening score for decaBDE was high 

(9). 

Taking all this into account, and the 

discussion in Response to Comments 

Document and in this preamble, EPA 

determines in this final rule that 

decaBDE meets the TSCA section 

6(h)(1)(A) criteria. In addition, EPA 

determines, in accordance with TSCA 

section 6(h)(1)(B), that, based on the 

Exposure and Use Assessment and other 

reasonably-available information, 

exposure to decaBDE is likely under the 

conditions of use to the general 

population, to a potentially exposed or 

susceptible subpopulation, or the 

environment. EPA’s determination is 

based on the opportunities for exposure 

throughout the lifecycle of decaBDE, 

including the potential for consumer 

exposures. EPA did not receive any 

comments with information to call the 

exposure finding into question. 

D. EPA’s Proposed Rule Under TSCA 

Section 6(h) for decaBDE 

In the proposed rule (84 FR 36728), 

EPA proposed to prohibit the 

manufacture (including import), 

processing, and distribution in 

commerce of decaBDE, and articles and 

products to which decaBDE has been 

added. Proposed compliance dates or 

exclusions from the date of publication 

of the prohibition included: 

• 18 months for any manufacture, 

processing and distribution in 

commerce of decaBDE for use in 

curtains in the hospitality industry, and 

the curtains to which decaBDE has been 

added. 

• Three years for manufacture, 

processing and distribution in 

commerce of decaBDE for use in parts 

installed in and distributed as part of 

new aerospace vehicles, and the parts to 

which decaBDE has been added for such 

vehicles. 

• The exclusion from prohibitions for 

manufacturing (including import), 

processing, and distribution in 

commerce for use in replacement parts 

for motor and aerospace vehicles, and 

the replacement parts to which decaBDE 

has been added for such vehicles. 

• The exclusion from prohibitions for 

processing and distribution in 

commerce for recycling of plastic that 

contains decaBDE, (i.e., the plastic to be 

recycled is from products and articles 

that were originally made with 

decaBDE), so long as no new decaBDE 

is added during the recycling process. 

• The exclusion from processing and 

distribution in commerce of finished 

products and articles made from plastic 

recycled from products and articles 

containing decaBDE, where no new 

decaBDE was added during the 

production of the products and articles. 

In addition, EPA proposed to require 

that all persons who manufacture, 

process, or distribute in commerce 

decaBDE and decaBDE-containing 

products and articles maintain ordinary 

business records, such as invoices and 

bills-of-lading, that demonstrate 

compliance with the prohibitions and 

restrictions. EPA proposed that these 

records would have to be maintained for 

a period of three years from the date the 

record is generated with an exclusion 

for persons processing and distributing 

in commerce for recycling of plastic that 

contains decaBDE, and those products 

or articles containing decaBDE from 

recycled plastic, as long as no new 

decaBDE was added during the 

recycling process. 

E. Public Comments and Other Public 

Input 

The proposed rule provided a 60-day 

public comment period, with a 30-day 

extension provided. (Ref. 5) The 

comment period closed on October 28, 

2019. EPA received a total of 48 

comments, with three commenters 

sending multiple submissions with 

attached files, for a total of 58 

submissions on the proposal for all the 

PBT chemicals. This includes the 

previous request for a comment period 

extension (EPA–HQ–OPPT–2019–0080– 

0526). Two commenters submitted 

confidential business information (CBI) 

or copyrighted documents with 

information regarding economic 

analysis and market trends. Copies of all 

the non-CBI documents, or redacted 

versions without CBI, are available in 

the docket for this action. EPA also 

communicated with companies, and 

other stakeholders to identify and verify 

uses of decaBDE. These interactions and 

comments further informed EPA’s 

understanding of the current status of 

uses for decaBDE. Public comments and 

stakeholder meeting summaries are 

available in the public docket at EPA– 

HQ–OPPT–2019–0080. 

In this preamble, EPA has responded 

to the major comments relevant to the 

decaBDE final rule. Of the comment 


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submissions, 27 directly addressed 

EPA’s proposed regulation of decaBDE. 

Additional discussion related to this 

final action can be found in the 

Response to Comments document (Ref. 

5). 

F. Activities Not Directly Regulated by 

This Rule 

EPA is not regulating all activities or 

exposures to decaBDE, even though the 

Exposure and Use Assessment (Ref. 4) 

identified potential for exposures under 

many conditions of use. One such 

activity is disposal. EPA generally 

presumes compliance with federal and 

state laws and regulations, including, 

for example, Resource Conservation and 

Recovery Act (RCRA) and its 

implementing regulations and state 

laws, as well as the Clean Air Act, the 

Clean Water Act, and the Safe Drinking 

Water Act (SDWA). As described in the 

proposed rule, regulations promulgated 

under the authority of the RCRA govern 

the disposal of hazardous and nonhazardous wastes. Although decaBDE is 

not a listed hazardous waste under 

RCRA, it is subject to the requirements 

applicable to solid waste under Subtitle 

D of RCRA. This means there is a 

general prohibition on open dumping 

(which includes a prohibition on open 

burning). Wastes containing this 

chemical that do not otherwise meet the 

criteria for hazardous waste would be 

disposed of in municipal solid waste 

landfills (MSWLFs), industrial 

nonhazardous, or, in a few instances 

construction/demolition landfills. Nonhazardous solid waste is regulated 

under Subtitle D of RCRA, and states 

play a lead role in ensuring that the 

federal requirements are met. The 

requirements for MSWLFs include 

location restrictions, composite liners, 

leachate collection and removal 

systems, operating practices, 

groundwater monitoring, closure and 

post-closure care, corrective action 

provisions, and financial assurance. 

Industrial waste (non-hazardous) 

landfills and construction/demolition 

waste landfills are primarily regulated 

under state regulatory programs, and in 

addition they must meet the criteria set 

forth in federal regulations, which may 

include requirements such as siting, 

groundwater monitoring and corrective 

action depending upon what types of 

waste are accepted. Disposal by 

underground injection is regulated 

under both RCRA and SDWA. In view 

of this comprehensive, stringent 

program for addressing disposal, EPA 

proposed that it is not practicable to 

impose additional requirements under 

TSCA on the disposal of the PBT 

chemicals, including decaBDE. 

EPA received a number of comments 

on this aspect of its proposal. Some 

commenters agreed with EPA’s 

proposed determination that it is not 

practicable to regulate disposal, while 

others disagreed. However, in EPA’s 

view establishing an entirely new 

disposal program for decaBDEcontaining wastes would be expensive 

and difficult to establish and 

administer. In addition, imposing a 

requirement to treat these wastes as if 

they were listed as hazardous wastes 

would have impacts on hazardous waste 

disposal capacity and be very expensive 

for states and local governments as well 

as for affected industries. Therefore, 

EPA has determined that it is not 

practicable to further regulate decaBDEcontaining wastes for disposal. More 

information on the comments received 

and EPA’s responses can be found in the 

Response to Comments document (Ref. 

5). One commenter, the Institute of 

Scrap Recycling Industries, Inc. (ISRI) 

(EPA–HQ–OPPT–2019–0080–0559) 

noted that while EPA proposed to not 

regulate disposal of the PBT chemicals 

under TSCA, the effect of EPA’s 

proposed prohibition on manufacturing, 

processing, and distribution in 

commerce would prohibit the 

processing and distribution in 

commerce of the PBTs and products and 

articles containing the PBT chemicals 

for disposal. EPA did not intend such an 

effect, and has added an exclusion in 

the final regulatory text for processing 

and distribution in commerce for 

disposal. 

EPA also proposed not to use its 

TSCA section 6(a) authorities to regulate 

commercial use of products and articles 

containing the PBT chemicals, such as 

televisions and computers, because such 

regulation would not be practicable. It 

would be extremely burdensome, 

necessitating the identification of 

products containing decaBDE, and the 

disposal of countless products and 

articles, that would have to be replaced. 

If EPA prohibited the continued 

commercial use of these items, 

widespread economic impacts and 

disruption in the channels of trade 

would occur while the prohibited items 

were identified and replaced. While 

some commenters agreed with EPA’s 

proposed determination that it is not 

practicable to regulate commercial use, 

and others disagreed, for the reasons 

noted in the proposal and discussed 

further in the Response to Comments 

document (Ref. 5), EPA continues to 

believe that prohibiting or otherwise 

restricting the continued commercial 

use of products and articles containing 

decaBDE would result in extreme 

burdens in exchange for what in most 

cases will be low exposure reductions. 

For example, as discussed in the 

Exposure and Use Assessment, releases 

from articles are expected to be minimal 

because decaBDE is entrained in the 

articles and is not expected to volatize 

or migrate readily under normal use 

(Ref. 4). Thus, EPA concludes that it is 

impracticable to prohibit or otherwise 

restrict the continued commercial use of 

decaBDE-containing products and 

articles. 

EPA also proposed not to use its 

TSCA section 6(a) authorities to directly 

regulate occupational exposures. As 

explained in the proposed rule, as a 

matter of policy, EPA assumes 

compliance with federal and state 

requirements, such as worker protection 

standards, unless case-specific facts 

indicate otherwise. The Occupational 

Safety and Health Administration 

(OSHA) has not established a 

permissible exposure limit (PEL) for 

decaBDE. However, under section 

5(a)(1) of the Occupational Safety and 

Health Act of 1970, 29 U.S.C. 654(a)(1), 

each employer has a legal obligation to 

furnish to each of its employees 

employment and a place of employment 

that are free from recognized hazards 

that are causing or are likely to cause 

death or serious physical harm. The 

OSHA Hazard Communication Standard 

at 29 CFR 1910.1200 requires chemical 

manufacturers and importers to classify 

the hazards of chemicals they produce 

or import, and all employers to provide 

information to employees about 

hazardous chemicals to which they may 

be exposed under normal conditions of 

use or in foreseeable emergencies. The 

OSHA standard at 29 CFR 

1910.134(a)(1) requires the use of 

feasible engineering controls to prevent 

atmospheric contamination by harmful 

substances and requires the use of the 

use of respirators where effective 

engineering controls are not feasible. 

The OSHA standard at 29 CFR 

1910.134(c) details the required 

respiratory protection program. The 

OSHA standard at 29 CFR 1910.132(a) 

requires the use of personal protective 

equipment (PPE) by workers when 

necessary due to a chemical hazard; 29 

CFR 1910.133 requires the use of eye 

and face protection when employees are 

exposed to hazards including liquid 

chemicals; and 29 CFR 1910.138 

requires the use of PPE to protect 

employees’ hands including from skin 

absorption of harmful substances. The 

provisions of 29 CFR 1910.132(d) and (f) 

address hazard assessment, PPE 

selection, and training with respect to 

PPE required under 29 CFR 1910.133, 


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1910.135, 1910.136, 1910.138, and 

1910.140. EPA assumes that employers 

will require, and workers will use, 

appropriate PPE consistent with OSHA 

standards, taking into account 

employer-based assessments, in a 

manner sufficient to prevent 

occupational exposures that are capable 

of causing injury. 

EPA assumes compliance with other 

federal requirements, including OSHA 

standards and regulations. EPA does not 

read TSCA section 6(h)(4) to direct EPA 

to adopt potentially redundant or 

conflicting requirements. Not only 

would it be difficult to support broadly 

applicable and safe additional measures 

for each specific activity without a risk 

evaluation and in the limited time for 

issuance of this regulation under TSCA 

section 6(h), but imposing such 

measures without sufficient analysis 

could inadvertently result in conflicting 

or confusing requirements and make it 

difficult for employers to understand 

their obligations. Such regulations 

would not be practicable. Rather, where 

EPA has identified worker exposures 

and available substitutes, EPA is 

finalizing measures to reduce those 

exposures. As discussed in the proposed 

rule, EPA assumes that the worker 

protection methods used by employers, 

including in response to existing OSHA 

standards, in addition to the regulatory 

measures taken for each chemical, 

meaningfully reduce the potential for 

occupational exposures. Although some 

commenters agreed with this approach, 

others thought that EPA should 

establish worker protection 

requirements for those uses that would 

be allowed to continue under the final 

rule. Information provided to EPA 

before and during the public comment 

period on the proposed rule indicates 

that employers are using engineering 

and process controls and providing 

appropriate personal protective 

equipment (PPE) to their employees 

consistent with these requirements, and 

EPA received no information on 

decaBDE to suggest this is not the case. 

Further, EPA has not conducted a risk 

evaluation on decaBDE or any of the 

five PBT chemicals. Without a risk 

evaluation and given the time allotted 

for this rulemaking, EPA cannot identify 

additional engineering or process 

controls or PPE requirements that would 

be appropriate to each chemical-specific 

circumstance. For these reasons, EPA 

has determined that it is not practicable 

to regulate worker exposures in this rule 

through engineering or process controls 

or PPE requirements. 

EPA received comments regarding the 

use of PBT chemicals in research and 

development and lab use. Lab use is 

addressed under newly established 40 

CFR 751.401(b) as the manufacturing, 

processing, distribution-in-commerce 

and use of any chemical substance, or 

products and articles that contain the 

chemical substance, for research and 

development, as defined in new 40 CFR 

751.403. Research and Development is 

defined in new 40 CFR 751.403 to mean 

laboratory and research use only for 

purposes of scientific experimentation 

or analysis, or chemical research on, or 

analysis of, the chemical substance, 

including methods for disposal, but not 

for research or analysis for the 

development of a new product, or 

refinement of an existing product that 

contains the chemical substance. This 

will allow, for example, for samples of 

environmental media containing PBTs, 

such as contaminated soil and water, to 

be collected, packaged and shipped to a 

laboratory for analysis. Laboratories also 

must obtain reference standards 

containing PBTs to calibrate their 

equipment, otherwise they may not be 

able to accurately quantify these 

chemical substances in samples being 

analyzed. However, research to develop 

new products that use PBTs subject to 

40 CFR part 751 subpart E, or the 

refinement of existing uses of those 

chemicals, is not included in this 

definition, and those activities remain 

potentially subject to the chemical 

specific provisions in 40 CFR part 751 

subpart E. EPA believes it is not 

practicable to limit research and 

development activity as defined, given 

the critical importance of this activity to 

the detection, quantification and control 

of these chemical substances. 

Finally, EPA received comments 

regarding requirements for resale of 

decaBDE-containing products and 

articles, as well as products and articles 

containing other PBT chemicals 

undergoing TSCA section 6(h) 

rulemaking. One commenter stated that 

because the proposed definition of 

‘‘person’’ includes ‘‘any natural 

person,’’ the proposed prohibitions 

would seem to apply to anyone selling 

products or articles containing decaBDE 

at a garage or yard sale. (EPA–HQ– 

OPPT–2019–0080–0559) EPA did not 

intend to impose these final decaBDE 

regulations on yard sales or used 

product or article sales and has added 

language in 40 CFR 751.401 to clarify 

this. The prohibition and recordkeeping 

requirements in this final rule exclude 

decaBDE-containing products and 

articles that have previously been sold 

or supplied to an end user, i.e., any 

person who purchased or acquired the 

finished good for purposes other than 

resale. 

III. Provisions of This Final Rule 

A. Scope and Applicability 

EPA carefully considered all public 

comments and information received 

related to the proposal. This rule 

finalizes with some modifications EPA’s 

proposal to prohibit the manufacturing 

and processing of decaBDE, and 

products and articles that contain 

decaBDE, except for the following 

exclusions and delayed compliance 

dates from the date of publication of the 

prohibition: 

• One year for distribution in 

commerce of products and articles 

containing decaBDE. 

• 18 months for any manufacture, 

processing and distribution in 

commerce of decaBDE for use in 

curtains in the hospitality industry, and 

the curtains to which decaBDE has been 

added. 

• Two years for any processing and 

distribution in commerce of decaBDE 

for wire and cable insulation in nuclear 

power generation facilities, and the 

decaBDE-containing wire and cable 

insulation. 

• Three years for any manufacture, 

processing and distribution in 

commerce of decaBDE for use in parts 

installed in and distributed as part of 

new aerospace vehicles, and the parts to 

which decaBDE has been added for such 

vehicles. After the end of their service 

lives for import, processing, and 

distribution in commerce of aerospace 

vehicles manufactured before three 

years after the effective date of the rule 

that contain decaBDE in any part. After 

the end of their service lives for 

manufacture, processing, and 

distribution in commerce for use in 

replacement parts for aerospace 

vehicles, and the replacement parts to 

which decaBDE has been added for such 

vehicles. 

• After the end of their service lives, 

or 2036, whichever is earlier, for 

manufacture, processing, and 

distribution in commerce for use in 

replacement parts for motor vehicles, 

and the replacement parts to which 

decaBDE has been added for such 

vehicles. 

• After the end of their service lives 

for distribution in commerce of plastic 

shipping pallets manufactured prior to 

publication of the final rule, that 

contain decaBDE. 

• The exclusion for processing and 

distribution in commerce for recycling 

of decaBDE-containing plastic products 

and articles (i.e., the plastic to be 

recycled is from product and articles 

that were originally made with 

decaBDE), and for decaBDE containing 

products and articles made from such 


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recycled plastic, where no new decaBDE 

is added during the recycling or 

production process. 

Affected persons manufacturing, 

processing, and distributing in 

commerce decaBDE or decaBDEcontaining products and articles are 

required to maintain, for three years 

from the date the record is generated, 

ordinary business records related to 

compliance with the restrictions, 

prohibitions, and other requirements, 

with an exclusion for persons 

processing and distributing in 

commerce for; recycling of plastic that 

contains decaBDE, those products and 

articles containing decaBDE from 

recycled plastic as long as no new 

decaBDE was added during the 

recycling process, and plastic shipping 

pallets manufactured prior to the 

effective date of the rule. These records 

must include a statement of compliance 

with this final rule and be made 

available to EPA within 30 calendar 

days upon request. 

1. General prohibition and exclusions. 

EPA received comments supporting 

and opposing the proposed general 

prohibition on manufacture, processing 

and distribution in commerce of 

decaBDE and products and articles 

containing decaBDE. A few commenters 

suggested a total ban would be 

practicable instead of the proposed 

prohibition with exclusions. EPA 

disagrees, and believes that this rule 

prohibits the manufacture, processing 

and distribution in commerce for use of 

decaBDE to the extent practicable, 

reducing any potential activities 

involving the chemical as a whole, 

while allowing for several industries to 

safely finish and replace their 

applications of the chemical substance. 

However, even these uses of decaBDE 

are not unlimited and therefore are 

expected to decline until they cease 

completely. EPA may review these 

particular practicability determinations 

in the future. The prohibition on 

manufacture, processing and 

distribution in commerce for all but 

excluded activities is expected to result 

in the reduced potential for exposures. 

The practicability of prohibiting an 

excluded activity is further discussed in 

this Unit and in the Response to 

Comment document. 

2. Hospitality curtains. 

As described in the proposed rule, 

with respect to curtains used in the 

hospitality industry, EPA understands 

that most of the industry has moved 

away from using decaBDE as a flame 

retardant. However, EPA is aware of one 

small business that is still using 

decaBDE while it searches for a 

replacement flame retardant. EPA 

believes that 18 months from the date of 

publication of the final rule, rather than 

an immediate compliance date from 

manufacturing, processing, and 

distribution in commerce, is the soonest 

practicable date for the small business 

to find a substitute. 

3. Aviation and automotive 

replacement parts and new aviation 

parts. 

As described in the proposed rule, 

aerospace and automotive vehicles have 

included parts made with decaBDE, and 

in many cases decaBDE has been used 

to meet various flame-retardant 

standards. Based on comments received, 

all production of new automotive 

vehicles with decaBDE-containing parts 

will have ceased prior to the effective 

date for this rule; aerospace vehicles 

will cease such production within a 3- 

year timeframe. However, the decaBDEcontaining parts originally produced for 

such automotive or for such aerospace 

vehicles may require replacement parts 

to meet flame-retardancy standards 

through the end of the service lifves of 

the vehicles. Any transition to 

alternatives for those replacement parts 

will require verification to meet these 

standards. 

Imposing immediate restrictions on 

replacement parts for those vehicles 

could increase costs and safety 

concerns, but, as noted in this Unit, 

without meaningful exposure 

reductions. As a result, in this final rule, 

EPA is adopting an alternative 

compliance deadline of 2036 for motor 

vehicles and the end of the service lives 

for aerospace vehicles from the 

prohibition on the manufacture 

(including import), processing, and 

distribution in commerce of decaBDE 

for use in aerospace or automotive 

replacement parts, and the replacement 

parts that contain decaBDE. The 

manufacture (including import), 

processing, and distribution in 

commerce of decaBDE for use in new 

automotive parts will be prohibited, as 

discussed further in this Unit, and the 

manufacture (including import), 

processing, and distribution in 

commerce of decaBDE for use in new 

aerospace parts will be prohibited three 

years after publication of the final rule. 

For the purpose of this rule, 

replacement parts are those parts 

designed before the rule promulgation 

date to replace parts already made with 

decaBDE. Thus, for example, this 

exclusion does not allow replacement 

parts containing decaBDE to be 

manufactured, processed or distributed 

in commerce to replace parts that were 

not previously designed to contain 

decaBDE. 

EPA’s alternative compliance 

deadline for replacement parts for these 

vehicles results from several 

considerations. Article components 

containing decaBDE for finished parts in 

automobiles and aircraft have limited 

releases. (Exposure and Use 

Assessment). In addition to limited 

releases, and therefore limited 

exposures, as further discussed in the 

proposed rule and in the Response to 

Comment document, identifying and 

adopting appropriate substitutes for use 

in replacement parts for these vehicles 

can be a complex and time-consuming 

process. Further, the scope of this 

alternative compliance deadline is 

limited. For automotive vehicles, the 

scope is limited only to those parts 

intended to replace decaBDE-containing 

parts for automotive vehicles already 

produced; no new parts may be 

produced for new automotive vehicles 

under this alternative deadline. For 

aerospace vehicles, the scope is 

similarly limited to only those parts 

intended to replace decaBDE-containing 

parts for aerospace vehicles produced 

before the 3-year compliance deadline 

for such vehicles. That means those 

aerospace parts and the vehicles will 

have already been designed and in the 

production process; no newly designed 

parts may be produced using decaBDE 

even during the 3-year alternative 

compliance period, and after the 3-year 

compliance period only replacement 

parts, as defined earlier in the Unit, will 

be permitted. Finally, the compliance 

deadlines in each case are consistent 

with comments provided, e.g., 

identifying 15 years as the needed 

period for retaining replacement parts 

for automotive vehicles, and identifying 

the aerospace vehicle service life as the 

needed period for retaining replacement 

parts for aerospace vehicles. (Ref. 7, 

EPA–HQ–OPPT–2019–0080–0542) Such 

compliance deadlines also align with 

the specified exemption for use of 

decaBDE in parts for such vehicles in 

the Stockholm Convention. For the use 

of replacement parts for automotive 

vehicles, for example, EPA is not aware 

of any decaBDE-containing parts that 

are outside the scope of the replacement 

parts listed in Annex A, Part IX of the 

Stockholm Convention (Ref. 13). In the 

case of aerospace vehicles, the 

timeframe provided in this final rule is 

actually narrower (more restrictive) than 

the timeframe provided by the 

Stockholm Convention. These examples 

support that the market for replacement 

parts containing decaBDE will have 

diminished by the compliance dates in 

this rule. Three commenters requested 

EPA change its statutory interpretation 


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to exempt these replacement parts using 

the replacement parts provision under 

TSCA section 6(c)(2)(D) instead of a 

practicability determination under 

TSCA section 6(h); however, for the 

reasons stated in Unit II.B., EPA is 

continuing to interpret TSCA section 

6(c)(2)(D) to be inapplicable to this 

rulemaking. Other commenters 

challenged a complete exclusion for 

replacement parts, as discussed in Unit 

III.A.1. EPA agrees it is practicable to 

impose the specified alternative 

compliance deadline for the prohibition 

on the manufacture, processing and 

distribution in commerce of decaBDE 

for use in replacement parts. 

In addition, as noted in the proposed 

rule and according to comments 

received from various industries, 

including the Aerospace Industries 

Association (AIA) (Ref. 5), the aerospace 

industry expects to have phased out its 

use of decaBDE in new aircraft products 

by the end of 2023. As a result, EPA is 

finalizing its proposed compliance date 

to allow the manufacture, processing 

and distribution in commerce for use of 

decaBDE and products and articles 

containing decaBDE, for use in new 

parts produced through 2023. In 

addition, the manufacture, processing 

and distribution in commerce of 

decaBDE for use in replacement parts 

intended for aerospace vehicles will 

continue to be allowed until the end of 

the service lives of the vehicles. 

However, this compliance deadline does 

not allow the manufacture, processing 

or distribution in commerce of decaBDE 

for parts that are newly designed for 

such new aerospace vehicles. This 

compliance deadline is based on 

comments received indicating the intent 

to phase-out use of decaBDE in parts for 

aerospace vehicles already designed, but 

which specify the need for replacement 

parts for the service lives of the vehicles 

to avoid the high cost of identifying 

appropriate and safe alternatives for 

vehicles already designed and in 

production, but for a limited period of 

time. (EPA–HQ–OPPT–2019–0080– 

0542) The deadline for new parts also is 

more restrictive than the Stockholm 

Convention’s specific exemption for use 

of decaBDE in parts for those aerospace 

vehicles with designs approved by 2022, 

and thus further supports that the 

market for parts containing decaBDE for 

these vehicles will have diminished by 

the compliance date in this rule. For 

similar reasons, EPA is also not 

prohibiting the manufacture (including 

import), processing and distribution in 

commerce of whole aircraft 

manufactured within that specified 

compliance deadline and containing 

those new parts with decaBDE. With 

respect to motor vehicles, comments 

received from automotive industries, 

including the Motor Equipment and 

Manufacturers Association (MEMA) 

(EPA–HQ–OPPT–2019–0080–0547) 

indicate that the automotive industry 

will have phased out use of decaBDE for 

newly produced motor vehicles by the 

effective date of this final rule and 

therefore the final rule prohibits any 

manufacture, processing or distribution 

in commerce of decaBDE for any use in 

motor vehicles manufactured after the 

effective date of the rule. 

Thus, for all the reasons noted, the 

prohibitions and compliance deadlines 

adopted in this final rule for the 

aerospace and automotive industries 

will reduce exposures to the extent 

practicable as required under TSCA 

section 6(h)(4) and will do so as ‘‘soon 

as practicable’’ pursuant to TSCA 

section 6(d)(1)(D), while allowing a 

reasonable transition time as 

contemplated by TSCA section 

6(d)(1)(E). 

4. Recycling and recycled products 

and articles. 

EPA received submissions from 14 

environmental groups that 

recommended EPA remove the 

exclusions for recycling. Commenters 

disagreed that it would be overly 

burdensome and not practicable to 

impose restrictions on the recycling of 

decaBDE containing plastic of products 

and articles that may contain decaBDE. 

The commenters cited and attached the 

Stockholm Convention 2015 Report of 

the Persistent Organic Pollutants 

Review Committee on the work of its 

eleventh meeting: Risk Management 

Evaluation on decabromodiphenyl ether 

(commercial mixture, c-decaBDE) (Ref. 

13), which did not include recycling 

exemptions. 

EPA recognizes the importance and 

impact of recycling, which contributes 

to American prosperity and the 

protection of our environment. EPA 

believes that it would be overly 

burdensome and not practicable to 

impose restrictions on the recycling of 

plastics that may contain decaBDE, or 

on the use of recycled plastic in plastic 

articles, because the decaBDE is 

typically present in such articles at low 

levels (Ref. 14). Because these articles 

typically contain low levels of decaBDE 

and taking into account the significant 

prohibitions being adopted in this 

rulemaking that are in alignment or 

more stringent than requirements under 

the Stockholm Convention and the 

general movement to use of substitutes, 

EPA expects the amount of recycled 

plastic that contains decaBDE from 

recycled plastic to significantly decline 

over time. In contrast, banning the 

recycling of plastics containing 

decaBDE would require this decaBDEcontaining plastic to be identified 

through prohibitively expensive and 

complicated testing, and separated from 

other types of plastic before recycling, 

which is usually done manually. EPA 

believes it would be difficult to make 

plastic sorting for this purpose to be 

cost-effective, and that it would be 

overly burdensome and not practicable 

to prohibit recycling of decaBDEcontaining plastic in the United States 

at this time. Further discussion on the 

burdens with prohibiting recycling are 

in the Response to Comments document 

(Ref. 5). 

5. Plastic shipping pallets. 

EPA received a comment from a 

company requesting to continue to 

process and distribute in commerce 

their existing inventory of plastic 

shipping pallets that contain decaBDE 

previously added as a flame retardant. 

(EPA–HQ–OPPT–2019–0080–0535) 

Although the company ceased its use of 

decaBDE in the manufacture of new 

pallets prior to 2013, those previously 

manufactured pallets are still in use and 

being rented for use. This final rule 

allows such continued rental and use 

until the end of the service lives of the 

pallet, at which point it may be recycled 

into new plastic pallets consistent with 

40 CFR 751.405(b). No new decaBDE 

may be added during this recycling 

process. Based on the comment 

received, EPA has added a delayed 

compliance date for the continued 

distribution in commerce of such 

pallets. 

6. Wire and cable insulation. 

EPA requested comment from 

companies still processing and using 

wire and cable insulation containing 

decaBDE despite phase-out initiatives 

and the availability of relatively 

inexpensive substitutes. One commenter 

responded that while alternatives were 

available, they would need more time to 

successfully test and qualify an 

alternative chemical to decaBDE to meet 

the Institute of Electrical and 

Electronics Engineers (IEEE) 383 

standard for instrumentation and power 

cable insulation for nuclear power 

plants. (EPA–HQ–OPPT–2019–0080– 

0583) Considering the unique safety 

certifications to qualify and approve an 

alternative chemical for this use, EPA 

has added a compliance delay of two 

years for the prohibition on the 

manufacture, processing and 

distribution in commerce of decaBDE 

for use in wire and cable insulation and 

of decaBDE containing wire and cable 

insulation. 


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7. Compliance Dates for the 

Prohibition. 

The proposed rule did not delay the 

compliance date beyond the rule’s 

effective date; the processing and 

distribution bans would come into effect 

60 days after publication of the final 

rule notice. EPA stated in the proposed 

rule that at that time it had no 

information indicating that a 

compliance date of 60 days after 

publication of the final rule is not 

practicable for the activities that would 

be prohibited, or that additional time is 

needed for products to clear the 

channels of trade. The phrases ‘‘as soon 

as practicable’’ and ‘‘reasonable 

transition period’’ as used in TSCA 

section 6(d)(1) are undefined, and the 

legislative history on TSCA section 6(d) 

is limited. Given the ambiguity in the 

statute, for purposes of this expedited 

rulemaking, EPA presumed a 60-day 

compliance date was ‘‘as soon as 

practicable,’’ unless there was support 

for a lengthier period of time on the 

basis of reasonable available 

information, such as information 

submitted in comments on the Exposure 

and Use Assessment or in stakeholder 

dialogues. Such a presumption ensures 

the compliance schedule is ‘‘as soon as 

practicable,’’ particularly in the context 

of the TSCA section 6(h) rules for 

chemicals identified as persistent, 

bioaccumulative and toxic, and given 

the expedited timeframe for issuing a 

TSCA section 6(h) proposed rule did not 

allow time for collection and assessment 

of new information separate from the 

comment opportunities during the 

development of and in response to the 

proposed rule. Such presumption also 

allows for submission of information 

from the sources most likely to have the 

information that will affect an EPA 

determination on whether or how best 

to adjust the compliance deadline to 

ensure that the final compliance 

deadline is both ‘‘as soon as 

practicable’’ and provides a ‘‘reasonable 

transition period.’’ 

EPA received public comments 

regarding the 60-day compliance date 

for the prohibition in the proposed rule. 

Many commenters stated that this date 

would be unrealistic and requested that 

EPA phase in the compliance deadlines 

for the bans on importation or 

distribution of products and articles 

containing decaBDE over a longer 

period following promulgation of the 

final rule. In addition, commenters 

requested that EPA allow products and 

articles containing decaBDE that are 

manufactured and imported prior to the 

compliance deadlines to be distributed 

thereafter without restriction and that 

this would be needed to prevent an 

untold number of lawfully 

manufactured and imported products 

and articles from suddenly becoming 

unsaleable, which would result in 

significant costs for retailers and 

importers. Other commenters supported 

the compliance date. 

However, in response to retail and 

business commenters requesting 

additional time given complex supply 

chains and the need to educate 

downstream users, EPA is extending the 

compliance date for distribution in 

commerce to one year after publication 

of the final rule. Extending the 

compliance date for one year will, as 

commenters note, allow additional time 

for products and articles containing 

decaBDE that were produced prior to 

the effective date for the prohibition on 

manufacture and processing to clear 

channels of trade. However, EPA is not 

extending the compliance date for 

manufacture or processing of these 

products and articles containing 

decaBDE, and therefore is not extending 

the compliance date for import which 

under TSCA section 3 is a subset of 

manufacture activities. Unless 

reasonably available information 

otherwise supports that it is not 

practicable to impose a 60-day 

compliance deadline for manufacture, 

which includes import, or for 

processing of decaBDE and decaBDEcontaining products and articles, for 

purposes of meeting EPA’s obligations 

under TSCA section 6(h), EPA presumes 

a compliance date of 60 days is ‘‘as soon 

as practicable.’’ EPA received only 

general comments taking the position, 

without support, that the 60-day 

compliance period for the prohibition 

on manufacture or processing is not 

practicable. Specified exclusions to the 

manufacturing compliance date are 

described in Unit I.C. 

8. Recordkeeping. 

EPA is requiring that all persons who 

manufacture, process, or distribute in 

commerce decaBDE and products and 

articles containing decaBDE maintain 

ordinary business records, such as 

invoices and bills-of-lading, related to 

compliance with the prohibitions and 

restrictions. EPA revised this language 

slightly from the proposal to improve 

clarity. These records will have to be 

maintained for a period of three years 

from the date the record is generated, 

beginning on March 8, 2021. Exempted 

from the recordkeeping requirement are 

persons processing and distributing in 

commerce for recycling of decaBDE 

containing plastic products or articles 

and decaBDE containing products or 

articles made from such recycled plastic 

as long as no new decaBDE is added 

during the recycling process, and 

persons distributing in commerce until 

the end of their service life plastic 

shipping pallets manufactured prior to 

the publication of the final rule. EPA 

requested comment on alternative 

recordkeeping requirements that could 

help ensure compliance with the 

decaBDE prohibitions, particularly for 

importers and others who do not 

produce articles. After reviewing the 

comments received, EPA has decided to 

include two additional requirements to 

help ensure compliance (EPA–HQ– 

OPPT–2019–0080–0539; –0542; –0546; 

–0549). First, the records that are kept 

must include a statement that the 

decaBDE, or the decaBDE-containing 

products and articles, are in compliance 

with 40 CFR 751.405(a). The statement 

need not be included on every business 

record, such as every invoice or bill of 

lading, although regulated entities may 

certainly choose to reformat their 

documents to include the statement. 

Importers of replacement automobile 

parts that contain decaBDE who, for 

example, import from the same 

suppliers over and over, need only have 

a single statement for each part or each 

supplier. Finally, EPA is adding a 

requirement that the records kept 

pursuant to this final rule be made 

available to EPA within 30 calendar 

days upon request to ensure that EPA 

can review records in a timely manner. 

B. TSCA Section 6(c)(2) Considerations 

1. Health effects, exposure, and 

environmental effects. 

DecaBDE is toxic to aquatic 

invertebrates, fish, and terrestrial 

invertebrates. Data indicate the potential 

for developmental, neurological, and 

immunological effects, general 

developmental toxicity and liver effects 

in mammals. Additionally, toxicological 

studies indicated evidence of 

genotoxicity and evidence of 

carcinogenicity. These hazard 

statements are not based on a systematic 

review of the available literature and 

information may exist that could refine 

the hazard characterization. Additional 

information about decaBDE’s health 

effects, use, and exposure is in Unit II.C. 

and is further detailed in EPA’s Hazard 

Summary (Ref. 9) and Exposure and Use 

Assessment (Ref. 4). 

2. The benefits of the chemical 

substance or mixture for various uses. 

DecaBDE is a brominated flame 

retardant that has been added to 

plastics, textiles, and other materials. 

When fire occurs, decaBDE and other 

PBDEs, are part of vapor-phase chemical 

reactions that interfere with the 

combustion process, thus delaying 

ignition and inhibiting the spread of 

fire. DecaBDE has been considered an 


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economical flame retardant because 

relatively small quantities are necessary 

to be effective (Ref 4). 

3. The reasonably ascertainable 

economic consequences of the rule. 

i. Overview of cost methodology. EPA 

has evaluated the potential costs of the 

final action for decaBDE. Costs of the 

final rule were estimated based on the 

assumption that under regulatory 

limitations on decaBDE, processors that 

use decaBDE in their products would 

switch to available alternative chemicals 

to manufacture the product, or to 

products that do not contain decaBDE. 

For decaBDE, the costs were assessed 

based on chemical substitutes only. 

Substitution costs were estimated on the 

industry level using the price 

differential between the cost of the 

chemical and identified substitutes. 

Costs for rule familiarization and 

recordkeeping were estimated based on 

burdens estimated for other similar 

rulemakings. Costs were annualized 

over a 25-year period. Other potential 

costs include, but are not limited to, 

those associated with testing, 

reformulation, distribution, imported 

articles, and some portion of potential 

revenue loss. However, these costs are 

discussed only qualitatively, due to lack 

of data availability to estimate 

quantified costs. More details of this 

analysis are presented in the Economic 

Analysis (Ref. 3). 

ii. Estimated costs of this final rule. 

Total quantified annualized industry 

costs for the final rule are $2,012 at the 

3% discount rate and $2,100 at the 7% 

discount rate annualized over 25 years. 

Total annualized Agency costs 

associated with implementation of the 

final rule were based on EPA’s best 

judgment and experience with other 

similar rules. For the final regulatory 

action, EPA estimated it will require 1 

FTE at $155,152 per year (Ref. 3). 

Total quantified annualized social 

costs for the final rule are estimated to 

be $157,000 at both 3% and 7% 

discount rate. As described earlier in 

Unit III.B.3., potential costs such as 

testing, reformulation, release 

prevention, and imported articles, could 

not be quantified due to lack of data 

availability to estimate quantified costs. 

These costs are discussed qualitatively 

in the Economic Analysis (Ref. 3). 

iii. Benefits. As discussed in Unit 

II.A., while EPA reviewed hazard and 

exposure information for the PBT 

chemicals, this information did not 

provide a basis for EPA to develop 

scientifically robust and representative 

risk estimates to evaluate whether or not 

any of the chemicals present a risk of 

injury to health or the environment. 

Benefits were not quantified due to the 

lack of risk estimates. A qualitative 

discussion of the potential benefits 

associated with the final action for 

decaBDE is provided. DecaBDE is 

persistent and bioaccumulative and has 

been associated with developmental 

neurological effects, developmental 

immunological effects, general 

developmental toxicity, and thyroid and 

liver effects in mammals, as well as with 

toxicity in aquatic organisms. Under 

this final rule, manufacturing, 

processing and distribution in 

commerce will be prohibited, except for 

specific exclusions and different 

compliance dates as detailed in Unit I.C. 

With reduced manufacturing, 

processing and distribution of decaBDE 

and decaBDE-containing products and 

articles, EPA anticipates that this 

regulation will result in a phase-out of 

decaBDE use overall, and therefore a 

reduced presence of decaBDE in 

products and articles. These impacts 

will result in the decreased potential for 

exposures to workers in the industrial 

sectors that currently use decaBDE, and 

the decreased potential for releases of 

decaBDE to the environment, including 

through disposal activities. With 

decreased potential for releases to the 

environment and reduced presence in 

products and articles, there will also be 

decreased potential for exposures for the 

general population or potentially 

exposed or susceptible subpopulations. 

Thus, the final regulatory action will 

have benefits for the environment, 

general population, and potentially 

exposed or susceptible subpopulations, 

and benefits to health for workers. 

Substitute chemicals should be carefully 

selected to realize benefits to human 

health and the environment because 

there are numerous potential substitutes 

for decaBDE. 

iv. Cost effectiveness, and effect on 

national economy, small business, and 

technological innovation. With respect 

to the cost effectiveness of the final 

regulatory action and the primary 

alternative regulatory action, EPA is 

unable to perform a traditional costeffectiveness analysis of the actions and 

alternatives for the PBT chemicals. As 

discussed in the proposed rule, the cost 

effectiveness of a policy option would 

properly be calculated by dividing the 

annualized costs of the option by a final 

outcome, such as cancer cases avoided, 

or to intermediate outputs such as tons 

of emissions of a pollutant curtailed. 

Without the supporting analyses for a 

risk determination, EPA is unable to 

calculate either a health-based or 

environment-based denominator. Thus, 

EPA is unable to perform a quantitative 

cost-effectiveness analysis of the final 

and alternative regulatory actions. 

However, by evaluating the 

practicability of the final and alternative 

regulatory actions, EPA believes that it 

has considered elements related to the 

cost effectiveness of the actions, 

including the cost and the effect on 

exposure to the PBT chemicals of the 

final and alternative regulatory actions. 

EPA considered the anticipated effect 

of this rule on the national economy and 

concluded that this rule is highly 

unlikely to have any measurable effect 

on the national economy (Ref. 3). EPA 

analyzed the expected impacts on small 

business and found that no small 

entities are expected to experience 

impacts of more than 1% of revenues 

(Ref. 3). Finally, EPA has determined 

that this rule is unlikely to have 

significant impacts on technological 

innovation, although the rule may create 

some incentives for chemical 

manufacturers to develop new chemical 

alternatives to decaBDE. 

4. Consideration of alternatives. 

EPA believes that there are viable 

substitutes that may be used as an 

alternative to decaBDE. In January 2014, 

EPA’s Design for the Environment (DfE) 

published an alternatives assessment for 

decaBDE (Ref. 15). EPA identified 29 

potential functional, viable alternatives 

to decaBDE for use in select polyolefins, 

styrenics, engineering thermoplastics, 

thermosets, elastomers, or waterborne 

emulsions and coatings (Ref. 15). 

C. TSCA Section 26(h) Considerations 

In accordance with TSCA section 

26(h) and taking into account the 

requirements of TSCA section 6(h), EPA 

has used scientific information, 

technical procedures, measures, and 

methodologies that are fit for purpose 

and consistent with the best available 

science. EPA based its determination 

that human and environmental 

exposures to decaBDE are likely in the 

Exposure and Use Assessment (Ref. 4) 

discussed in Unit II.A.2., which 

underwent a peer review and public 

comment process, as well as using best 

available science and methods sufficient 

to make that determination. The extent 

to which the various information, 

procedures, measures, and 

methodologies, as applicable, used in 

EPA’s decision making have been 

subject to independent verification or 

peer review is adequate to justify their 

use, collectively, in the record for this 

rule. Additional information on the peer 

review and public comment process, 

such as the peer review plan, the peer 

review report, and the Agency’s 

Response to Comments document, are 

in the public docket for this action 

(EPA–HQ–OPPT–2018–0314). In 


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addition, in accordance with TSCA 

section 26(i), and taking into account 

the requirements of TSCA section 6(h), 

EPA has made scientific decisions based 

on the weight of the scientific evidence. 

IV. References 

The following is a list of the 

documents that are specifically 

referenced in this document. The docket 

includes these documents and other 

information considered by EPA, 

including documents that are referenced 

within the documents that are included 

in the docket, even if the referenced 

document is not physically located in 

the docket. For assistance in locating 

these other documents, please consult 

the technical person listed under FOR

FURTHER INFORMATION CONTACT. 

1. EPA. TSCA Work Plan for Chemical 

Assessments: 2014 Update. October 

2014. https://www.epa.gov/ 

assessingand-managing-chemicalsunder-tsca/tsca-work-planchemical-ssessments-2014-update. 

Accessed March 1, 2019. 

2. EPA. TSCA Work Plan Chemicals: 

Methods Document. February 2012. 

https://www.epa.gov/sites/ 

production/files/2014-03/ 

documents/work_plan_methods_

document_web_final.pdf. Accessed 

March 1, 2019. 

3. EPA. Economic Analysis for Final 

Regulation of Decabromodiphenyl 

ether (DecaBDE) Final Rule Under 

TSCA Section 6(h). July 2020. 

4. EPA. Exposure and Use Assessment 

of Five Persistent, Bioaccumulative, 

and Toxic Chemicals. December 

2020. 

5. EPA Regulation of Persistent, 

Bioaccumulative, and Toxic 

Chemicals under TSCA 6(H) 

Response to Comments. December 

2020. (Docket EPA–HQ–OPPT– 

2019–0080). 

6. EPA. Preliminary Information on 

Manufacturing, Processing, 

Distribution, Use, and Disposal: 

Decabromodiphenyl ether. August 

2017. (EPA–HQ–OPPT–2016–0724– 

0002). 

7. Stakeholder Comment from Auto 

Alliance. February 2018. 

8. Stakeholder Comment from iGPS. 

January 2018. 

9. EPA. Environmental and Human 

Health Hazards of Five Persistent, 

Bioaccumulative and Toxic 

Chemicals. December 2020. 

10. EPA. Public Database 2012 Chemical 

Data Reporting. Washington, DC: 

US Environmental Protection 

Agency, Office of Pollution 

Prevention and Toxics. 

11. EPA. Public Database 2016 Chemical 

Data Reporting. Washington, DC: 

US Environmental Protection 

Agency, Office of Pollution 

Prevention and Toxics. 

12. EPA. Toxics Release Inventory (TRI) 

Basic Plus Data Files. 2017. 

13. United Nations Environmental 

Program Stockholm Convention on 

Persistent Organic Pollutants 

(2015). Risk profile on 

decabromodiphenyl ether. Report of 

the Persistent Organic Pollutants 

Review Committee on the work of 

its eleventh meeting. 

14. Norwegian Environmental Agency. 

(2015) Final Report. Literature 

Study—DecaBDE in Waste Streams. 

15. EPA. An Alternatives Assessment 

for the Flame Retardant 

Decabromodiphenyl Ether 

(DecaBDE). January 2014. https://

www.epa.gov/sites/production/files/ 

2014-05/documents/decabde_

final.pdf. Accessed March 1, 2019. 

16. Keweenaw Bay Indian Community. 

Re: Notification of Consultation and 

Coordination on a Rulemaking 

Under the Toxic Substances Control 

Act: Regulation of Persistent, 

Bioaccumulative, and Toxic 

Chemicals Under TSCA Section 

6(h). September 25, 2018. 

17. Harper, Barbara and Ranco, Darren, 

in collaboration with the Maine 

Tribes. Wabanaki Traditional 

Cultural Lifeways Exposure 

Scenario. July 9, 2009. 

V. Statutory and Executive Order 

Reviews 

Additional information about these 

statutes and Executive orders can be 

found at https://www.epa.gov/lawsregulations-and-executive-orders. 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulations 

and Regulatory Review 

This action is a significant regulatory 

action that was submitted to the Office 

of Management and Budget (OMB) for 

review under Executive Order 12866 (58 

FR 51,735 (Oct. 4, 1993)) and Executive 

Order 13563 (76 FR 3821 (Jan. 21, 

2011)). Any changes made in response 

to OMB recommendations have been 

documented in the docket for this action 

as required by section 6(a)(3)(E) of 

Executive Order 12866. 

EPA prepared an economic analysis of 

the potential costs and benefits 

associated with this action. A copy of 

this economic analysis, Economic 

Analysis for Final Regulation of 

Decabromodiphenyl ether (DecaBDE) 

under TSCA Section 6(h), (Ref. 3) is in 

the docket and is briefly summarized in 

Unit III.B.3. 

B. Executive Order 13771: Reducing 

Regulation and Controlling Regulatory 

Costs 

This action is considered a regulatory 

action under Executive Order 13771 (82 

FR 9339 (Feb. 3, 2017)). Details on the 

estimated costs of this final rule can be 

found in the Economic Analysis (Ref. 3), 

which is briefly summarized in Unit 

III.B.3. 

C. Paperwork Reduction Act (PRA) 

The information collection activities 

in this rule have been submitted for 

approval to OMB under the PRA. The 

Information Collection Request (ICR) 

document that the EPA prepared has 

been assigned EPA ICR number 2599.02 

and OMB Control No. 2070–0213. A 

copy of the ICR is available in the 

docket for this rule, and it is briefly 

summarized here. The information 

collection requirements are not 

enforceable until OMB approves them. 

Affected persons manufacturing, 

processing, and distributing in 

commerce decaBDE or decaBDEcontaining products and articles are 

expected to familiarize themselves with 

the rule and are required to maintain, 

for three years from the date the record 

is generated, ordinary business records 

related to compliance with the 

restrictions, prohibitions, and other 

requirements, with an exclusion for 

persons processing and distributing in 

commerce for; recycling of plastic that 

contains decaBDE, those products and 

articles containing decaBDE from 

recycled plastic as long as no new 

decaBDE was added during the 

recycling process, and plastic shipping 

pallets manufactured prior to the 

effective date of the rule. 

Respondents/affected entities: Entities 

potentially affected by paperwork 

requirements of this final rule include 

17 importers, 26 processors, and five 

distributors. The total number of 

respondents is 46, given that two 

entities are both importers and 

processors. 

Respondent’s obligation to respond: 

Mandatory. (40 CFR 751.407). 

Estimated number of respondents: 46. 

Frequency of response: On occasion. 

Total estimated burden: 39 hours (per 

year). Burden is defined at 5 CFR 

1320.3(b). 

Total estimated cost: $3,014 (per 

year), includes $0 annualized capital or 

operation & maintenance costs. 

An agency may not conduct or 

sponsor, and a person is not required to 

respond to, a collection of information 

unless it displays a currently valid OMB 

control number. The OMB control 

numbers for EPA’s regulations in 40 


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Federal Register / Vol. 86, No. 3 / Wednesday, January 6, 2021 / Rules and Regulations 893 

CFR are listed in 40 CFR part 9. When 

OMB approves this ICR, the Agency will 

announce that approval in the Federal 

Register and publish a technical 

amendment to 40 CFR part 9 to display 

the OMB control number for the 

approved information collection 

activities contained in this final rule. 

D. Regulatory Flexibility Act (RFA) 

I certify that this action will not have 

a significant economic impact on a 

substantial number of small entities 

under the RFA, 5 U.S.C. 601 et seq. The 

small entities subject to the 

requirements of this action are small 

businesses that manufacture/import, 

process, or distribute decaBDE. In total, 

17 small businesses are expected to be 

affected by the final action. Of the 17 

small entities assessed, none (0%) are 

expected to experience negative impacts 

of more than 1% of revenues. Because 

only 17 small businesses are directly 

impacted and negative impacts are less 

than 1% for all small entities, EPA 

presumes no significant economic 

impact on a substantial number of small 

entities (no SISNOSE). Details of this 

analysis are presented in the Economic 

Analysis (Ref. 3). 

E. Unfunded Mandates Reform Act 

(UMRA) 

This action does not contain an 

unfunded mandate of $100 million or 

more as described in UMRA, 2 U.S.C. 

1531–1538, and would not significantly 

or uniquely affect small governments. 

The final rule is not expected to result 

in expenditures by State, local, and 

Tribal governments, in the aggregate, or 

by the private sector, of $100 million or 

more (when adjusted annually for 

inflation) in any one year. Accordingly, 

this final rule is not subject to the 

requirements of sections 202, 203, or 

205 of UMRA. The total quantified 

annualized social costs for this the final 

rule are approximately $157,000 (at both 

3% and 7% discount rates), which does 

not exceed the inflation-adjusted 

unfunded mandate threshold of $160 

million. 

F. Executive Order 13132: Federalism 

This action does not have federalism 

implications because it is not expected 

to have substantial direct effects on the 

states, on the relationship between the 

National Government and the states, or 

on the distribution of power and 

responsibilities among the various 

levels of government as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999). Thus, Executive Order 

13132 does not apply to this action. 

G. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have tribal 

implications because it is not expected 

to have substantial direct effects on 

tribal governments, on the relationship 

between the Federal Government and 

the Indian tribes, or on the distribution 

of power and responsibilities between 

the Federal Government and Indian 

tribes as specified in Executive Order 

13175 (65 FR 67249, November 9, 2000). 

Thus, Executive Order 13175 does not 

apply to this final rule. 

Consistent with the EPA Policy on 

Consultation and Coordination with 

Indian Tribes, the EPA consulted with 

tribal officials during the development 

of this action. EPA consulted with 

representatives of Tribes via 

teleconference on August 31, 2018, and 

September 6, 2018, concerning the 

prospective regulation of the five PBT 

chemicals under TSCA section 6(h). 

Tribal members were encouraged to 

provide additional comments after the 

teleconferences. EPA received two 

comments from the Keweenaw Bay 

Indian Community and Maine Tribes 

(Ref. 16, 17). 

H. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

This action is not subject to Executive 

Order 13045 (62 FR 19885, April 23, 

1997) because it is not an economically 

significant regulatory action as defined 

by Executive Order 12866. Although the 

action is not subject to Executive Order 

13045, the Agency considered the risks 

to infants and children under EPA’s 

Policy on Evaluating Health Risks to 

Children. EPA did not perform a risk 

assessment or risk evaluation of 

decaBDE, however available data 

indicate exposure to decaBDE may 

disproportionately affect children, and 

information indicates decaBDE is a 

neurodevelopment toxicant and has 

been detected in breastmilk. More 

information can be found in the 

Exposure and Use Assessment (Ref. 4) 

and the ‘‘Environmental and Human 

Health Hazards of Five Persistent, 

Bioaccumulative and Toxic Chemicals’’ 

(Ref. 9). This regulation will reduce the 

exposure to decaBDE for the general 

population and for potentially exposed 

or susceptible subpopulations such as 

workers and children. 

I. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not a ‘‘significant 

energy action’’ as defined in Executive 

Order 13211 (66 FR 28355, May 22, 

2001) because it is not likely to have a 

significant adverse effect on the supply, 

distribution, or use of energy and has 

not been designated by the 

Administrator of the Office of 

Information and Regulatory Affairs of 

the Office of Management and Budget as 

a significant energy action. 

J. National Technology Transfer and 

Advancement Act (NTTAA) 

Because this action does not involve 

any technical standards, NTTAA section 

12(d), 15 U.S.C. 272 note, does not 

apply to this action. 

K. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

The EPA believes that this action does 

not have disproportionately high and 

adverse health or environmental effects 

on minority populations, low-income 

populations and/or indigenous peoples, 

as specified in Executive Order 12898 

(59 FR 7629, February 16, 1994). The 

documentation for this decision is 

contained in the Economic Analysis 

(Ref. 3), which is in the public docket 

for this action. EPA believes that the 

restrictions in on decaBDE in this final 

rule will reduce the potential for 

exposure in the United States over time, 

thus benefitting all communities 

including environmental justice 

communities. 

L. Congressional Review Act (CRA) 

This action is subject to the CRA, 5 

U.S.C. 801 et seq., and EPA will submit 

a rule report to each House of the 

Congress and to the Comptroller General 

of the United States. This action is not 

a ‘‘major rule’’ as defined by 5 U.S.C. 

804(2). 

List of Subjects in 40 CFR Part 751 

Environmental protection, Chemicals, 

Export Notification, Hazardous 

substances, Import certification, 

Reporting and recordkeeping. 

Andrew Wheeler, 

Administrator. 

Therefore, for the reasons stated in the 

preamble, 40 CFR part 751 is amended 

as follows: 

PART 751—REGULATION OF CERTAIN 

CHEMICAL SUBSTANCES AND 

MIXTURES UNDER SECTION 6 OF THE 

TOXIC SUBSTANCES CONTROL ACT 

■ 1. The authority citation for part 751 

continues to read as follows: 

Authority: 15 U.S.C. 2605, 15 U.S.C. 

2625(l)(4). 


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894 Federal Register / Vol. 86, No. 3 / Wednesday, January 6, 2021 / Rules and Regulations 

■ 2. Amend § 751.403 by adding in 

alphabetical order the term ‘‘DecaBDE’’ 

to read as follows: 

Subpart E—Persistent, 

Bioaccumulative, and Toxic Chemicals 

§ 751.403 Definitions. 

* * * * * 

DecaBDE means the chemical 

substance decabromodiphenyl ether 

(CASRN 1163–19–5). 

* * * * * 

■ 3. Add § 751.405 to read as follows: 

§ 751.405 DecaBDE. 

(a) Prohibition. (1) General. Except as 

provided in paragraphs (a)(2) and (b) of 

this section, all persons are prohibited 

from all manufacturing and processing 

of decaBDE or decaBDE-containing 

products or articles after March 8, 2021, 

and all persons are prohibited from all 

distribution in commerce of decaBDE or 

decaBDE-containing products or articles 

after January 6, 2022. 

(2) Phase-in of Prohibitions for 

Specific Uses of decaBDE and decaBDEcontaining Products or Articles. (i) After 

July 6, 2022, all persons are prohibited 

from all manufacturing, processing, and 

distribution in commerce decaBDE for 

use in curtains in the hospitality 

industry, and the curtains to which 

decaBDE has been added. 

(ii) After January 6, 2023, all persons 

are prohibited from all processing and 

distribution in commerce of decaBDE 

for use in wire and cable insulation in 

nuclear power generation facilities, and 

decaBDE-containing wire and cable 

insulation. 

(iii) After January 8, 2024, all persons 

are prohibited from all manufacturing, 

processing, and distribution in 

commerce of decaBDE for use in parts 

installed in and distributed as part of 

new aerospace vehicles, and the parts to 

which decaBDE has been added for such 

vehicles. After the end of the aerospace 

vehicles service lives, all persons are 

prohibited from all importing, 

processing, and distribution in 

commerce of aerospace vehicles 

manufactured before January 8, 2024 

that contain decaBDE in any part. After 

the end of the aerospace vehicles service 

lives, all persons are prohibited from all 

manufacture, processing and 

distribution in commerce of decaBDE 

for use in replacement parts for 

aerospace vehicles, and the replacement 

parts to which decaBDE has been added 

for such vehicles. 

(iv) After the end of the vehicles 

service lives or 2036, whichever is 

earlier, all persons are prohibited from 

all manufacture, processing and 

distribution in commerce of decaBDE 

for use in replacement parts for motor 

vehicles, and the replacement parts to 

which decaBDE has been added for such 

vehicles. 

(v) After the end of the pallets’ service 

life, all persons are prohibited from all 

distribution in commerce of plastic 

shipping pallets that contain decaBDE 

and were manufactured prior March 8, 

2021. 

(b) Exclusions to the Prohibition. 

Processing and distribution in 

commerce for recycling of decaBDEcontaining plastic from products or 

articles and decaBDE-containing 

products or articles made from such 

recycled plastic, where no new decaBDE 

is added during the recycling or 

production processes is not subject to 

the prohibition in paragraph (a) of this 

section. 

(c) Recordkeeping. (1) After March 8, 

2021, all persons who manufacture, 

process, or distribute in commerce 

decaBDE or decaBDE-containing 

products or articles must maintain 

ordinary business records, such as 

invoices and bills-of-lading related to 

compliance with the prohibitions, 

restrictions, and other provisions of this 

section. 

(i) These records must be maintained 

for a period of three years from the date 

the record is generated. 

(ii) These records must include a 

statement that the decaBDE or the 

decaBDE-containing products or articles 

are in compliance with 40 CFR 

751.405(a). 

(iii) These records must be made 

available to EPA within 30 calendar 

days upon request. 

(2) The recordkeeping requirements in 

paragraph (c)(1) do not apply to the 

activities described in paragraphs 

(a)(2)(v) and (b) of this section. 

[FR Doc. 2020–28686 Filed 1–5–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 751 

[EPA–HQ–OPPT–2019–0080; FRL–10018– 

88] 

RIN 2070–AK58 

Phenol, Isopropylated Phosphate (3:1) 

(PIP 3:1); Regulation of Persistent, 

Bioaccumulative, and Toxic Chemicals 

Under TSCA Section 6(h) 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is finalizing a rule under 

the Toxic Substances Control Act 

(TSCA) to address its obligations under 

TSCA for phenol, isopropylated 

phosphate (3:1) (PIP (3:1)) (CASRN 

68937–41–7), which EPA has 

determined meets the requirements for 

expedited action under TSCA. This final 

rule prohibits the processing and 

distribution of PIP (3:1) and PIP (3:1)- 

containing products, with specified 

exclusions, and prohibits the release of 

PIP (3:1) to water during manufacturing, 

processing, and distribution. This final 

rule also requires commercial users to 

follow existing regulations and best 

practices to prevent the release to water 

of PIP (3:1) and products containing PIP 

(3:1) during use. These requirements 

will result in lower amounts of PIP (3:1) 

being manufactured, processed, 

distributed in commerce, used and 

disposed, thereby reducing exposures to 

humans and the environment. 

DATES: This final rule is effective 

February 5, 2021. For purposes of 

judicial review and 40 CFR 23.5, this 

rule shall be promulgated at 1 p.m. 

eastern standard time on January 21, 

2021. 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPPT–2019–0080, is 

available at http://www.regulations.gov 

or at the Office of Pollution Prevention 

and Toxics Docket (OPPT Docket), 

Environmental Protection Agency 

Docket Center (EPA/DC), West William 

Jefferson Clinton Bldg., Rm. 3334, 1301 

Constitution Ave. NW, Washington, DC. 

The Public Reading Room is open from 

8:30 a.m. to 4:30 p.m., Monday through 

Friday, excluding legal holidays. The 

telephone number for the Public 

Reading Room is (202) 566–1744, and 

the telephone number for the OPPT 

Docket is (202) 566–0280. Please review 

the visitor instructions and additional 

information about the docket available 

at http://www.epa.gov/dockets. 

Please note that due to the public 

health emergency, the EPA Docket 

Center (EPA/DC) and Reading Room 

was closed to public visitors on March 

31, 2020. Our EPA/DC staff will 

continue to provide customer service 

via email, phone, and webform. For 

further information on EPA/DC services, 

docket contact information and the 

current status of the EPA/DC and 

Reading Room, please visit https://

www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT:

For technical information contact: 

Ingrid Feustel, Existing Chemical Risk 

Management Division, Office of 

Pollution Prevention and Toxics 

(7404T), Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW, 


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