Federal Register / Vol. 88, No. 225 / Friday, November 24, 2023 / Proposed Rules 82287 

human health, and agricultural 

advocates, pesticide users, and members 

of the public interested in the use of 

pesticides. This listing is not intended 

to be exhaustive but rather provides a 

guide for readers regarding entities 

likely to be affected by his action. 

Because others may also be interested, 

the Agency has not attempted to 

describe all the specific entities that 

may be affected by this action. 

II. What action is the Agency taking? 

EPA requests public comment on a 

petition received from PEER and ABC 

that asks EPA to take the following 

actions: 

• Amend 40 CFR 158.400(e)(1) to 

require the submission of product 

performance data for neonicotinoid and 

other systemic insecticides, and 

• Amend 40 CFR 158.400(e)(1) to 

require that, if not already submitted to 

the Agency, existing registrants of a 

neonicotinoid or other systemic 

insecticides submit efficacy within 180 

days of the promulgation of the rule. 

A copy of the petition is available in 

the docket. 

III. What should I consider as I prepare 

my comments for EPA? 

A. Submitting CBI 

Do not submit Confidential Business 

Information (CBI) to EPA through 

regulations.gov or email. Clearly mark 

the part or all of the information that 

you claim to be CBI. In addition to one 

complete version of the comment that 

includes information claimed as CBI, a 

copy of the comment that does not 

contain the information claimed as CBI 

must be submitted for inclusion in the 

public docket. Information so marked 

will not be disclosed except in 

accordance with procedures set forth in 

40 CFR part 2. 

B. Multimedia Submissions 

Multimedia submissions (audio, 

video, etc.) must be accompanied by a 

written comment. The written comment 

is considered the official comment and 

should include discussion of all points 

you wish to make. EPA will generally 

not consider comments or comment 

contents located outside of the primary 

submission (i.e., on the web, cloud, or 

other file sharing system). 

C. Tips for Preparing Your Comments 

When preparing and submitting your 

comments, see the commenting tips at 

https://www.epa.gov/dockets/ 

commenting-epa-dockets. Please note 

that once submitted, comments cannot 

be edited or removed from the docket. 

EPA may publish any comment received 

to its public docket. 

Authority: 7 U.S.C. 136 et seq. 

Dated: November 16, 2023. 

Michal Freedhoff, 

Assistant Administrator, Office of Chemical 

Safety and Pollution Prevention. 

[FR Doc. 2023–25739 Filed 11–22–23; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 751 

[EPA–HQ–OPPT–2023–0376; FRL–9145–01– 

OCSPP] 

RIN 2070–AL02 

Decabromodiphenyl Ether and Phenol, 

Isopropylated Phosphate (3:1); 

Revision to the Regulation of 

Persistent, Bioaccumulative, and Toxic 

Chemicals Under the Toxic 

Substances Control Act (TSCA) 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing revisions to 

the regulations for decabromodiphenyl 

ether (decaBDE) and phenol, 

isopropylated phosphate (3:1) (PIP 

(3:1)), two of the five persistent, 

bioaccumulative, and toxic (PBT) 

chemicals addressed in final rules 

issued under the Toxic Substances 

Control Act (TSCA) in January 2021. 

After receiving additional comments 

following the issuance of the 2021 PBT 

final rules, the Agency has determined 

that revisions to the decaBDE and PIP 

(3:1) regulations are necessary to 

address implementation issues and to 

reduce further exposures. As required 

under TSCA, these proposed 

requirements would, if finalized, reduce 

the potential for exposures to humans 

and the environment to decaBDE and 

PIP (3:1) to the extent practicable. The 

Agency is not proposing to revise the 

existing regulations for the other three 

PBT chemicals (2,4,6-TTBP, HCBD, and 

PCTP) at this time. 

DATES: Comments must be received on 

or before January 8, 2024. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPPT–2023–0376, 

through https://www.regulations.gov. 

Follow the online instructions for 

submitting comments. Do not submit 

electronically any information you 

consider to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Additional instructions on commenting 

and visiting the docket, along with more 

information about dockets generally, is 

available at https://www.epa.gov/ 

dockets. 

FOR FURTHER INFORMATION CONTACT: 

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. 

For technical information regarding 

decaBDE, contact: Brooke Porter, 

Existing Chemicals Risk Management 

Division (7404M), Office of Pollution 

Prevention and Toxics, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave. NW, Washington, DC 20460–0001; 

telephone number: (202) 564–6388; 

email address: porter.brooke@epa.gov. 

For technical information regarding 

PIP (3:1), contact: Scott Drewes, Existing 

Chemicals Risk Management Division 

(7404M), Office of Pollution Prevention 

and Toxics, Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW, 

Washington, DC 20460–0001; telephone 

number: (202) 564–8833; email address: 

drewes.scott@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Executive Summary 

A. Does this action apply to me? 

You may be affected by this action if 

you manufacture (including import), 

process, distribute in commerce, or use 

decaBDE or decaBDE-containing 

products or articles. Such uses for 

decaBDE may include but are not 

limited to wire and cable insulation for 

nuclear power generation facilities, 

plastic shipping pallets, and imported 

articles such as replacement parts for 

aerospace and automotive parts. You 

may also be affected by this action if 

you manufacture (including import), 

process, distribute in commerce, or use 

PIP (3:1) or PIP (3:1)-containing 

products or articles. Such uses for PIP 

(3:1) may include flame retardants in 

plastics, functional fluids in aerospace 

and industrial machinery, and plastic 

articles that are components of 

electronics or electrical articles. 

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: 

• Adhesive Manufacturing (NAICS 

Code 325520); 

• Air and Gas Compressor 

Manufacturing (NAICS Code 333912); 

• Air-Conditioning and Warm Air 

Heating Equipment and Commercial 

and Industrial Refrigeration Equipment 

Manufacturing (NAICS Code 333415); 


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• Aircraft Engine and Engine Parts 

Manufacturing (NAICS Code 336412); 

• Aircraft Manufacturing (NAICS 

Code 336411); 

• All Other Basic Organic Chemical 

Manufacturing (NAICS Code 325199); 

• All Other Miscellaneous General 

Purpose Machinery Manufacturing 

(NAICS Code 333998); 

• All Other Plastics Product 

Manufacturing (NAICS Code 326199); 

• All Other Transportation 

Equipment Manufacturing (NAICS Code 

336999); 

• Analytical Laboratory Instrument 

Manufacturing (NAICS Code 334516); 

• Appliance Repair and Maintenance 

(NAICS Code 811412); 

• Audio and Video Equipment 

Manufacturing (NAICS Code 334310); 

• Automobile and Light Duty Motor 

Vehicle Manufacturing (NAICS Code 

336110); 

• Automobile and Other Motor 

Vehicle Merchant Wholesalers (NAICS 

Code 423110); 

• Boat Building (NAICS Code 

336612); 

• Broadwoven Fabric Mills (NAICS 

Code 313210); 

• Computer and Computer Peripheral 

Equipment and Software Merchant 

Wholesalers (NAICS Code 432430); 

• Computer Storage Device 

Manufacturing (NAICS Code 334112); 

• Construction Machinery 

Manufacturing (NAICS Code 333120); 

• Current-Carrying Wiring Device 

Manufacturing (NAICS Code 335931); 

• Custom Compounding of Purchased 

Resins (NAICS Code 325991); 

• Electronic Computer Manufacturing 

(NAICS Code 334111); 

• Farm and Garden Machinery and 

Equipment Merchant Wholesalers 

(NAICS Code 423820); 

• Farm Machinery and Equipment 

Manufacturing (NAICS Code 333111); 

• Guided Missile and Space Vehicle 

Manufacturing (NAICS Code 336414); 

• Guided Missile and Space Vehicle 

Propulsion Unit Parts Manufacturing 

(NAICS Code 336415); 

• Heavy Duty Truck Manufacturing 

(NAICS Code 336120); 

• Household Appliances, Electric 

Housewares, and Consumer Electronics 

Merchant Wholesalers (NAICS Code 

423620); 

• Industrial Machinery and 

Equipment Merchant Wholesalers 

(NAICS Code 423830); 

• Industrial Supplies Merchant 

Wholesalers (NAICS Code 423840); 

• Industrial Truck, Tractor, Trailer 

and Stacker Machinery Manufacturing 

(NAICS Code 333924); 

• Instruments and Related Products 

Manufacturing for Measuring, 

Displaying, and Controlling Industrial 

Process Variables (NAICS 334513); 

• Lawn and Garden Tractor and 

Home Lawn and Garden Equipment 

Manufacturing (NAICS Code 333112); 

• Manufacturing and Reproducing 

Magnetic and Optical Media (NAICS 

Code 334610); 

• Materials Recovery Facilities 

(NAICS Code 562920); 

• Medical, Dental, and Hospital 

Equipment and Supplies Merchant 

Wholesalers (NAICS Code 423450); 

• Mining Machinery and Equipment 

Manufacturing (NAICS Code 333131); 

• Miscellaneous Intermediation 

(NAICS Code 523910); 

• Motor and Generator Manufacturing 

(NAICS Code 335312); 

• Motor Vehicle Body Manufacturing 

(NAICS Code 336211); 

• Motor Vehicle Electrical and 

Electronic Equipment Manufacturing 

(NAICS Code 336320); 

• Motor Vehicle Gasoline Engine and 

Engine Parts Manufacturing (NAICS 

Code 336310); 

• Motor Vehicle Supplies and New 

Parts Merchant Wholesalers (NAICS 

Code 423120); 

• Motorcycle, Bicycle and Parts 

Manufacturing (NAICS Code 336991); 

• New Car Dealers (NAICS Code 

441110); 

• Nuclear Electric Power Generation 

(NAICS Code 221113); 

• Other Aircraft Part and Auxiliary 

Equipment Manufacturing (NAICS Code 

336413); 

• Other Basic Inorganic Chemical 

Manufacturing (NAICS Code 325180); 

• Other Chemical and Allied 

Products Merchant Wholesalers (NAICS 

Code 424690); 

• Other Commercial and Industrial 

Machinery and Equipment Rental and 

Leasing (NAICS Code 532490); 

• Other Communications and Energy 

Wire Manufacturing (NAICS Code 

335929); 

• Other Communications Equipment 

Manufacturing (NAICS Code 334290); 

• Other Electronic Component 

Manufacturing (NAICS Code 334419); 

• Other Electronic Parts and 

Equipment Merchant Wholesalers 

(NAICS Code 432690); 

• Other Guided Missile and Space 

Vehicle Parts and Auxiliary Equipment 

Manufacturing (NAICS Code 336419); 

• Other Motor Vehicle Parts 

Manufacturing (NAICS Code 336390); 

• Paint and Coating Manufacturing 

(NAICS Code 325510); 

• Petroleum Lubricating Oil and 

Grease Manufacturing (324191); 

• Petroleum Refineries (NAICS Code 

324110); 

• Plastics Material and Resin 

Manufacturing (NAICS Code 325211); 

• Plastics Product Manufacturing 

(NAICS Code 3261); 

• Plumbing, Heating, and AirConditioning Contractors (NAICS Code 

238220); 

• Relay and Industrial Control 

Manufacturing (NAICS Code 335314); 

• Semiconductor and Related Device 

Manufacturing (NAICS Code 334413); 

• Semiconductor Machinery 

Manufacturing (NAICS Code 333242); 

• Surface Active Agency 

Manufacturing (NAICS Code 325613); 

and 

• Surgical Appliance and Supplies 

Manufacturing (NAICS Code 339113). 

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? 

TSCA section 6(h), 15 U.S.C. 2601 et 

seq., directs EPA to take expedited 

action to complete TSCA section 6(a) 

rules on certain PBT chemical 

substances. EPA must apply one or 

more of the requirements listed in TSCA 

section 6(a) to the extent necessary to 

meet the TSCA section 6(h)(4) statutory 

standard. 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). 

In response to this directive, in 

January 2021, EPA promulgated five 

rules to regulate the following five PBT 

chemical substances: decaBDE; PIP 

(3:1); 2,4,6-TTBP (CASRN 732–26–3); 

HCBD (CASRN 87–68–3); and PCTP 

(CASRN 133–49–3) (Refs. 3, 4, 5, 6, and 

7). With the obligation to promulgate 

these rules, the Agency also has the 

authority to amend them (e.g., if 

circumstances change, including in 

relation to the receipt of new 

information). It is well settled that EPA 

has inherent authority to reconsider, 

revise, or repeal past decisions to the 

extent permitted by law so long as the 

Agency provides a reasoned 

explanation. See F.C.C. v. Fox 

Television Stations, Inc., 556 U.S. 502, 

515 (2009). Based on information 

submitted by regulated entities since the 

publication of the 2021 decaBDE and 

PIP (3:1) final rules, the Agency has 

determined that amendments to both 

rules are necessary to address 


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implementation issues and to further 

reduce exposure to these chemical 

substances to the extent practicable. 

C. What action is the Agency taking? 

EPA is proposing revisions to the 

2021 decaBDE and PIP (3:1) final rules 

under TSCA. EPA is not proposing 

revisions to the other three PBT rules 

issued under TSCA section 6(h) for 

2,4,6-TTBP, HCBD, and PCTP at this 

time. 

1. Decabromodiphenyl ether 

(decaBDE). 

DecaBDE is a flame retardant that has 

been widely used in textiles, plastics, 

adhesives, and polyurethane foam. In 

this action, EPA is proposing revisions 

to the 2021 final rule to require the use 

of personal protective equipment (PPE) 

during certain domestic manufacturing 

and processing of decaBDE and 

decaBDE-containing products and 

articles and to require a label on plastic 

shipping pallets that are known to 

contain decaBDE. EPA is also proposing 

to prohibit releases to water from 

manufacturing, processing, and 

distribution in commerce of decaBDE. 

EPA is proposing to extend the 

compliance date for the phase-out of 

processing and distribution in 

commerce of decaBDE-containing wire 

and cable insulation for nuclear power 

generation facilities and is proposing to 

add an export notification requirement 

for decaBDE-containing wire and cable 

for nuclear power generation facilities. 

These proposed revisions are discussed 

further in Unit III.D. 

2. Phenol, isopropylated phosphate 

(3:1) (PIP (3:1)). 

PIP (3:1) is a flame retardant, a 

plasticizer, and an anti-compressibility 

and anti-wear additive. It is used in 

lubricants and hydraulic fluids and in 

the manufacture of other compounds. 

For PIP (3:1), EPA is proposing revisions 

to the 2021 final rule to require the use 

of PPE for the domestic manufacturing 

and processing of PIP (3:1) and certain 

PIP (3:1)-containing products and 

articles, and to phase-in prohibitions on 

processing and distribution for certain 

uses. EPA is also proposing to add new 

exclusions from the prohibitions on 

processing and distribution in 

commerce of PIP (3:1) for use in wire 

harnesses and electric circuit boards 

and the processing and distribution in 

commerce of such PIP (3:1)-containing 

harnesses and circuit boards. EPA also 

is proposing a new 5-year compliance 

timeframe for the prohibition of 

processing and distribution in 

commerce of PIP (3:1), so that it may be 

used as an ingredient of a pesticide 

product (i.e., a pesticide product 

registered under the Federal Insecticide, 

Fungicide, and Rodenticide Act (FIFRA) 

for use in anti-fouling paint). EPA is not 

proposing to revise the October 2024 

compliance date for articles not 

otherwise covered by an exclusion from 

prohibition or by an existing or newly 

proposed extension to a phase-out 

compliance deadline. 

D. Why is the Agency taking this action? 

In accordance with the Executive 

Order 13990, ‘‘Protecting Public Health 

and the Environment and Restoring 

Science to Tackle the Climate Crisis,’’ 

(86 FR 7037, January 25, 2021), on 

September 3, 2021, EPA announced its 

intention to review the five PBT final 

rules issued on January 6, 2021. The 

Agency planned to determine whether 

the rules were consistent with the 

Administration’s policy to limit 

exposure to dangerous chemicals and to 

identify additional actions that could be 

taken to address implementation issues 

and to reduce further exposures to these 

PBT chemicals to the extent practicable, 

as directed by TSCA section 6(h). At 

that time, EPA also requested public 

comment in the Federal Register on the 

five 2021 PBT final rules (Refs. 8 and 9). 

In particular, EPA sought comment on 

whether the rules sufficiently reduced 

exposures to these chemicals, including 

exposures to potentially exposed or 

susceptible subpopulations and the 

environment; on implementation issues 

associated with the 2021 PBT final 

rules; on compliance issues associated 

with the 2021 PBT final rules; and on 

whether to consider additional or 

alternative regulatory measures or 

approaches. 

In 2021, shortly after the PBT final 

rules were published, numerous 

stakeholders, including, for example, 

the electronics and electrical 

manufacturing sector and their 

customers, raised significant concerns 

about their ability to meet the March 8, 

2021, compliance date for the 

processing and distribution of PIP (3:1) 

and PIP (3:1)-containing articles (Ref. 

10). In response to stakeholder input, in 

an immediately effective final rule in 

September 2021, EPA extended the 

compliance deadline for processing and 

distribution in commerce of PIP (3:1) for 

use in articles and PIP (3:1)-containing 

articles, unless subject to an exclusion 

from or phase-in of prohibition, to 

March 8, 2022 (Ref. 11). In October 

2021, EPA proposed a new extended 

compliance deadline for processing and 

distribution in commerce of PIP (3:1) for 

use in articles and PIP (3:1)-containing 

articles, unless subject to an exclusion 

from or phase-in of prohibition, to 

October 31, 2024, and finalized that 

extended compliance deadline in March 

2022 (Refs. 12 and 13). EPA similarly 

amended the compliance deadline for 

recordkeeping requirements for articles 

in those rulemakings. Additionally, EPA 

responded to the comments received on 

the March 2021 notification that were 

relevant to the PIP (3:1) compliance 

deadline extension and related issues 

when the Agency extended the 

compliance deadlines, in both the 

September 2021 PIP (3:1) final rule and 

in an October 2021 PIP (3:1) proposed 

rule (Refs. 11 and 12). EPA reasoned 

that these extensions would avoid 

significant disruption in the supply 

chains for certain articles necessary to 

the electronics and electrical 

manufacturing sector, while EPA 

determined whether any further 

compliance date extensions are 

necessary for certain industry sectors, 

including the semiconductor and 

manufacture equipment. 

EPA also announced in the September 

2021 PIP (3:1) final rule, October 2021 

PIP (3:1) proposed rule, and the March 

2022 PIP (3:1) final rule that the Agency 

intended to consider any additional 

information received to further reduce 

exposures and promote environmental 

justice to better protect human health 

and the environment (Refs. 11, 12, and 

13). 

E. What are the estimated incremental 

impacts of this action? 

EPA’s Economic Analysis of the 

estimated impacts with this rulemaking 

can be found in the rulemaking docket 

(Ref. 14). As described in more detail in 

the Economic Analysis in Unit IV. and 

is briefly summarized here. 

1. Benefits 

While EPA was not able to quantify 

the benefits of reducing human and 

environmental exposures to decaBDE or 

PIP (3:1), the Economic Analysis 

qualitatively discusses the benefits of 

reducing exposure under this proposed 

rule, as summarized in Unit IV (Ref. 14). 

As discussed in the 2021 PBT final 

rules, and in Unit II.A., and consistent 

with TSCA section 6(h)(2), EPA did not 

perform a risk evaluation for decaBDE 

or PIP (3:1), nor did EPA develop 

quantitative risk estimates. 

2. Costs 

Total quantified annualized social 

costs for this proposed rule are 

approximately $389 million at a 3% 

discount rates, and $416 million at a 7% 

discount rate. Of the proposed rule 

costs, those associated with decaBDE 

alone were estimated at $1,700 at a 3% 

discount rate and $1,800 at a 7% 

discount rate. Costs associated with PIP 

(3:1) were estimated $389 million and 


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$416 million (at 3 and 7% discount 

rates, respectively.) 

3. Small Entity Impacts 

This proposed rule, if finalized, 

would impact approximately 16,205 

small businesses, all of which pertained 

to PIP (3:1) and none for decaBDE. Of 

these, 1,399 are expected to incur cost 

impacts between 1% and 3% of their 

annual revenue. No entities are 

expected to be impacted above 3% of 

their annual revenue. 

4. Environmental Justice 

Since a risk evaluation was not 

conducted, EPA’s understanding of the 

extent to which reductions in exposure 

might reduce risks for communities 

with Environmental Justice (EJ) 

concerns is limited. In the Economic 

Analysis accompanying this rule (Ref 

14), EPA relied on available relevant 

data sources for PIP (3:1) and decaBDE, 

including the U.S. EPA’s CDR, the 

ToxicsStatistics, and others to assess the 

economic implications of the proposed 

rule. Data, however, are not sufficiently 

comprehensive to estimate the extent to 

which the proposed rule would reduce 

existing disproportionate impacts on 

communities with EJ concerns. In 

addition, only a small subset of the 

specific facilities (14 facilities reported 

to 2020 CDR) using decaBDE and PIP 

(3:1) have been identified, so a 

proximity analysis examining the 

characteristics of the communities 

surrounding the known facilities would 

not be representative of all exposed 

communities. 

Given the lack of available data, EPA 

believes that it is not practicable to 

assess whether this action is likely to 

result in new disproportionate impacts 

or exacerbate any existing 

disproportionate impacts on 

communities with EJ concerns. EPA also 

believes that the restrictions placed on 

decaBDE and PIP (3:1) through this 

proposed rule would reduce the 

potential exposures and risks associated 

with the manufacture, processing, and 

use of these chemicals. At a minimum 

EPA believes this proposed rule would 

not exacerbate any baseline 

environmental justice concerns and 

would increase the level of protection 

for all affected populations without 

having any disproportionate and 

adverse human health or environmental 

effects on any population, including 

children. Certain exclusions from 

prohibition and extensions of 

compliance dates beyond those adopted 

in the 2021 PBT final rules, however, 

may partially delay anticipated 

reductions in exposure. 

5. Children’s Environmental Health 

Under the 2021 EPA Policy on 

Children’s Health, the Agency considers 

the risks to infants and children 

consistently and explicitly during its 

decision-making process (Ref. 15). This 

proposed rule, if finalized, would 

reduce the potential exposures to 

decaBDE and PIP (3:1) that could occur 

from activities that would be prohibited 

under this proposed rule for the general 

population and for potentially exposed 

or susceptible subpopulations such as 

children. Certain exclusions and 

extensions of compliance dates beyond 

those adopted in the 2021 PBT final 

rules or subsequent PIP (3:1) final rules, 

however, may partially delay these 

reductions in exposure. More 

information can be found in the 

Exposure and Use Assessment 

document (Ref. 16). 

6. Effects on State, Local, and Tribal 

Governments 

This proposed rule, if finalized, 

would not have any significant or 

unique effects on small governments, or 

federalism, or tribal implications. 

F. What should I consider as I prepare 

my comments for EPA? 

1. Submitting CBI 

Do not submit CBI to EPA through 

https://www.regulations.gov or email. If 

you wish to include CBI in your 

comment, please follow the applicable 

instructions at https://www.epa.gov/ 

dockets/commenting-epa-dockets#rules 

and clearly mark the part or all of the 

information that you claim to be CBI. In 

addition to one complete version of the 

comment that includes information 

claimed as CBI, a copy of the comment 

that does not contain the information 

claimed as CBI must be submitted for 

inclusion in the public docket. 

Information so marked will not be 

disclosed except in accordance with 

procedures set forth in 40 CFR part 2. 

2. Tips for Preparing Your Comments 

When preparing and submitting your 

comments, see the commenting tips at 

https://www.epa.gov/dockets/ 

commenting-epa-dockets.html. 

II. Background 

A. History of this Rulemaking 

1. The 2021 PBT Final Rules 

a. DecaBDE. EPA published a final 

rule in the Federal Register on January 

6, 2021, to address its obligations under 

TSCA section 6(h) for decaBDE (86 FR 

880; FRL–10018–87) (Ref. 3). EPA 

determined in the final rule that 

decaBDE met the TSCA section 

6(h)(1)(A) criteria for expedited action. 

In addition, EPA determined, in 

accordance with TSCA section 

6(h)(1)(B), that under the conditions of 

use, exposure to decaBDE was likely to 

the general population, to a potentially 

exposed or susceptible subpopulation, 

and to the environment. The 2021 

decaBDE final rule generally prohibits 

the manufacture (including import) and 

processing of decaBDE, and products 

and articles containing decaBDE, as of 

March 8, 2021. Distribution in 

commerce of products and articles to 

which decaBDE has been added is 

prohibited as of January 6, 2022. The 

2021 decaBDE final rule also included 

phase-in compliance dates and 

exclusions from prohibition: 

• Allowing 18 months to phase out 

any manufacture, processing, and 

distribution in commerce of decaBDE 

for use in curtains in the hospitality 

industry, and curtains to which 

decaBDE has been added. 

• Providing two years to phase out 

any processing and distribution in 

commerce of decaBDE for use in wire 

and cable insulation in nuclear power 

generation facilities, and decaBDEcontaining wire and cable insulation. 

• Providing three years to phase out 

any manufacture, processing, and 

distribution in commerce of decaBDE 

for use in parts installed in and 

distributed as part of new aerospace 

vehicles, and parts for such vehicles to 

which decaBDE has been added. 

• Allowing the import, processing, 

and distribution in commerce of 

aerospace vehicles manufactured before 

January 8, 2024, that contain decaBDE 

in any part, through the end of the 

aerospace vehicles’ service lives. 

• Allowing the manufacturing, 

processing, and distribution in 

commerce of aerospace vehicles that 

contain decaBDE in replacement parts 

and replacement parts to which 

decaBDE has been added for such 

vehicles, through the end of the 

aerospace vehicles’ service lives. 

• Allowing the manufacturing, 

processing, and distribution in 

commerce of motor vehicles the contain 

decaBDE in replacement parts and 

replacement parts to which decaBDE 

has been added, through the end of the 

motor vehicles’ service lives or 2036, 

whichever is earlier. 

• Allowing the distribution in 

commerce of plastic shipping pallets 

manufactured prior to March 8, 2021, 

that contain decaBDE through the end of 

the plastic shipping pallets’ service 

lives. 

• Excluding from the general 

prohibition on processing and 

distribution in commerce for recycling 


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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, processing and 

distributing where no new decaBDE is 

added during the recycling or 

production process. 

For more information related to the 

2021 decaBDE final rule, see 40 CFR 

751.405. 

b. PIP (3:1). EPA published a final 

rule for PIP (3:1) in the Federal Register 

on January 6, 2021 (Ref. 4). EPA 

determined in the final rule that PIP 

(3:1) met the TSCA section 6(h)(1)(A) 

criteria for expedited action. In 

addition, EPA determined, in 

accordance with TSCA section 

6(h)(1)(B), that under the conditions of 

use, exposure to PIP (3:1) was likely to 

the general population, to a potentially 

exposed or susceptible subpopulation, 

and to the environment. The 2021 PIP 

(3:1) final rule generally prohibited 

processing and distribution in 

commerce of PIP (3:1), and products or 

articles containing PIP (3:1) after March 

8, 2021, for all uses, except for those 

with different compliance dates or 

exclusions from prohibition. The 2021 

PIP (3:1) final rules also included the 

following compliance dates: 

• Allowing until January 6, 2025, for 

the processing and distributing in 

commerce of PIP (3:1) for use in 

adhesives and sealants, PIP (3:1)- 

containing products for use in adhesives 

and sealants, and PIP (3:1)-containing 

adhesives and sealants; and 

• Allowing until January 1, 2022, for 

the processing and distributing in 

commerce of PIP (3:1) for use in 

photographic printing articles and PIP 

(3:1)-containing photographic printing 

articles. 

In addition, the 2021 PIP (3:1) final 

rule included the following exclusions 

from the general prohibition: 

• Allowing the processing and 

distribution in commerce of PIP (3:1) 

and PIP (3:1)-containing products for 

use in certain types of hydraulic fluids, 

such PIP (3:1)-containing hydraulic 

fluids, and the specified systems to 

which such hydraulic fluid is added; 

• Allowing the processing and 

distribution in commerce of PIP (3:1) for 

use in lubricants and greases, PIP (3:1)- 

containing products for use in 

lubricants and greases, and PIP (3:1)- 

containing lubricants and greases; 

• Allowing the processing and 

distribution in commerce of PIP (3:1) 

and PIP (3:1)-containing products for 

use in new and replacement parts for 

motor and aerospace vehicles, the new 

and replacement parts to which PIP 

(3:1) has been added for such vehicles, 

and the motor and aerospace vehicles 

that contain new and replacement parts 

to which PIP (3:1) has been added; 

• Allowing the processing and 

distribution in commerce of PIP (3:1) for 

use as an intermediate in a closed 

system to produce cyanoacrylate 

adhesives; 

• Allowing the processing and 

distribution in commerce of PIP (3:1) for 

use in specialized engine air filters for 

locomotive and marine applications, PIP 

(3:1)-containing products for use in 

specialized engine air filters for 

locomotive and marine applications, 

and PIP (3:1)-containing specialized 

engine air filters for locomotive and 

marine applications; and 

• Allowing for the recycling of 

plastics that contained PIP (3:1) before 

the plastic was recycled, and the 

finished products or articles made of 

such recycled plastic, so long as no new 

PIP (3:1) is added during the production 

or recycling process. 

In addition, the final rule required 

manufacturers, processors, and 

distributors of PIP (3:1) and products 

containing PIP (3:1) to notify their 

customers of these restrictions. Finally, 

the rule prohibited releases of PIP (3:1) 

and PIP (3:1)-containing products to 

water during manufacturing, processing, 

and distribution in commerce, and 

required commercial users of PIP (3:1) 

and PIP (3:1)-containing products to 

follow existing regulations and best 

management practices to prevent 

releases to water during commercial use 

(40 CFR 751.407(c)). For more 

information related to the 2021 PIP (3:1) 

Final Rule, see 40 CFR 751.407. 

2. The March 2021 notification and 

request for comments. 

Shortly after the publication of the 

five 2021 PBT final rules, a wide variety 

of stakeholders from various sectors 

began raising concerns regarding the 

March 8, 2021, compliance date for the 

prohibition on the processing and 

distributing in commerce of PIP (3:1) for 

use in articles and PIP (3:1)-containing 

articles (Ref. 10). These stakeholders 

contended that they needed 

significantly more time to identify 

whether and where PIP (3:1) might be 

present in articles in their supply 

chains, find and certify alternative 

chemicals, and produce or import new 

articles that do not contain PIP (3:1). 

During the development of the rule, 

EPA conducted extensive outreach, 

including hosting a public webinar to 

gather use information on the PBTs, 

holding two comment periods on the 

Exposure and Use Assessment, and 

presenting the notice of proposed 

rulemaking for the 2021 PBT rules at a 

Small Business Roundtable hosted by 

the Small Business Administration 

(SBA) Office of Advocacy to elicit 

public comment. EPA met with 

numerous stakeholders, including trade 

associations, entities who report PIP 

(3:1) under the Chemical Data Reporting 

Rule, and other sectors where PIP (3:1) 

use was identified. Despite EPA’s 

extensive outreach, most stakeholders 

that contacted EPA after the rule was 

finalized had not commented on its 

proposal or otherwise engaged with the 

Agency on the PIP (3:1) rulemaking and 

did not appear to have previously 

surveyed their supply chains to 

determine whether PIP (3:1) was being 

used (Refs. 4, 8, 11, and 12). These 

stakeholders requested an extension of 

the compliance dates in order to clear 

the existing articles through the supply 

chain, find and certify an alternative 

chemical, and produce or import new 

articles that do not contain PIP (3:1). 

On March 8, 2021, EPA issued a No 

Action Assurance memorandum 

announcing that EPA will exercise its 

enforcement discretion to not pursue 

enforcement actions for certain 

violations of the prohibitions on 

processing and distribution of PIP (3:1) 

for use in articles, and the articles to 

which PIP (3:1) has been added. Such 

discretion was conditioned on certain 

recordkeeping requirements and 

remained in effect until September 4, 

2021. The purpose of the discretion was, 

among other things, ‘‘to avoid 

widespread disruption of critical supply 

chains, while OCSPP develops a final 

agency action to ensure the appropriate 

timeline to prohibit critical complex 

articles’’ (Ref. 52). 

In accordance with the Executive 

Order 13990 ‘‘Protecting Public Health 

and the Environment and Restoring 

Science to Tackle the Climate Crisis’’ 

and other relevant executive orders, 

EPA requested additional public 

comments on the five 2021 PBT final 

rules. On March 16, 2021, EPA 

announced its intent to review the five 

2021 PBT final rules and requested 

public comment (EPA–HQ–OPPT– 

2021–0202). Specifically, EPA sought 

comment on whether there are further 

exposure reductions that could be 

achieved, including exposure 

reductions for potentially exposed or 

susceptible subpopulations and the 

environment; implementation issues 

associated with the five 2021 PBT final 

rules; and whether to consider 

additional or alternative measures or 

approaches. EPA specifically asked for 

comment on issues raised regarding the 

compliance date for the prohibition on 

the processing and distribution of PIP 


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(3:1) for use in articles and PIP (3:1)- 

containing articles, as well as any 

implementation issues (see Unit III.D.1 

for more information). 

According to the comments received 

prior to and in response to the March 

2021 notification and request for 

comments, a wide range of key 

consumer and commercial goods are 

affected by the prohibitions in the 2021 

PIP (3:1) final rule such as cellular 

telephones, laptop computers, and other 

electronic devices and industrial and 

commercial equipment used in various 

sectors including transportation, life 

sciences, and semiconductor production 

(Ref. 17). These comments are addressed 

in EPA’s September 2021 PIP (3:1) final 

rule and October 2021 PIP (3:1) 

proposed rule (Refs. 11 and 12). EPA 

received a total of 122 comments in 

response to the March 2021 notification 

and request for comments, most of 

which regarded issues pertaining to PIP 

(3:1) (Ref. 17). 

In addition, several comments 

received raised issues pertaining to 

decaBDE. Tribal government 

commenters recommended further 

regulation of decaBDE, including 

narrowing the replacement part 

exclusion to time-limited critical uses, 

addressing potential risks from releases 

to the environment, restricting the 

disposal of decaBDE and decaBDEcontaining products and articles, and 

addressing potential risks from 

occupational exposure (EPA–HQ– 

OPPT–2021–0202). EPA also received a 

comment requesting the Agency hold a 

government-to-government consultation 

with the Yurok Tribal Council (Ref. 26). 

In November 2022, EPA held a one-onone tribal consultation with the Yurok 

Tribal Council. During this consultation, 

the Agency received additional 

information that informed the Agency of 

considerations to reduce potential 

exposures to decaBDE, including 

labeling and a prohibition on the 

releases to water, see Units III.C.1. and 

III.C.3. for more information. EPA 

received no comments addressing the 

need for extensions to compliance dates 

for decaBDE. 

3. PIP (3:1) compliance date 

extensions. 

Based on the PIP (3:1)-specific 

comments received in response to the 

March 2021 notification and request for 

comments, EPA issued an immediately 

effective final rule in September 2021, 

which extended the compliance dates 

applicable to the processing and 

distribution in commerce of certain PIP 

(3:1)-containing articles and the PIP 

(3:1) used to make those articles, until 

March 8, 2022, along with the 

associated recordkeeping requirements 

for manufacturers, processors, and 

distributors of PIP (3:1)-containing 

articles (Ref. 11). While most 

commenters on the March 2021 

notification and request for comments 

requested a longer-term compliance date 

extension (Ref. 8), EPA determined that 

a short-term extension was necessary to 

ensure that the supply chains for these 

important articles continue 

uninterrupted in the near term while 

allowing EPA to conduct notice and 

comment rulemaking on a longer-term 

compliance date extension generally. 

On March 8, 2022, EPA further 

extended the compliance deadline 

established in the September 2021 final 

rule for the processing and distribution 

in commerce of PIP (3:1) for use in 

certain articles and for the processing 

and distribution in commerce of certain 

PIP (3:1)-containing articles, from March 

8, 2022, to October 31, 2024 (Ref. 13). 

The compliance date for the 

recordkeeping requirements for 

manufacturers, processors, and 

distributors of PIP (3:1)-containing 

articles was also extended from March 

8, 2022, to October 31, 2024. Articles 

covered by the phased-in prohibition 

include any article not otherwise 

covered by an alternative compliance 

deadline or exclusion described in 40 

CFR 751.407(a)(2)(ii) or (b). EPA 

reasoned that this further extension 

would avoid significant disruption in 

the supply chains for certain articles 

and would provide the public with 

regulatory certainty, while EPA 

determined whether any further 

compliance date extensions are 

necessary. 

4. Activities not regulated by this 

proposed rule. 

EPA is not proposing revisions to the 

other three PBT rules issued under 

TSCA section 6(h) for 2,4,6–TTBP, 

HCBD, and PCTP at this time. EPA is 

not moving forward with 

reconsideration of the other three final 

rules at this time. Due to resource 

constraints and competing statutory 

obligations elsewhere in the existing 

chemicals risk management program, 

EPA is only proposing amendments to 

40 CFR part 751, subpart E for the 

decaBDE and PIP (3:1) regulations at 

this time. 

B. EPA’s Implementation of TSCA 

Section 6(h) 

1. EPA’s TSCA section 6(h)(1) 

findings. 

As previously detailed in the 2021 

decaBDE and PIP (3:1) final rules, for 

chemical substances meeting the 

requirements of TSCA section 6(h)(1)(A) 

and (B), TSCA section 6(h)(4) required 

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 made the requisite 

TSCA section 6(h)(1)(A) and (B) 

findings for decaBDE and PIP (3:1), 

triggering the requirement for a TSCA 

section 6(a) rulemaking under TSCA 

section 6(h)(4) standard. This proposed 

rulemaking does not amend these 

findings. 

2. EPA’s approach to TSCA section 

6(h)(4). 

In the 2021 PBT final rules, EPA 

explained that it read the TSCA section 

6(h)(4) standard to apply to the 

chemical substance generally, thus 

requiring EPA to ‘‘address risks’’ and 

‘‘reduce exposures’’ to the chemical 

substance without focusing on how or 

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). Thus, the 

2021 final rules address past, present, 

and future activity involving the 

chemical substance. In the 2021 PBT 

final rules, EPA also explained that 

because there was no existing risk 

evaluation or assessment for each 

chemical substance and one was not 

contemplated by TSCA section 6(h), 

EPA’s implementation of the standard 

in TSCA section 6(h)(4) focused on 

applying the TSCA sections 6(a) and (c) 

requirements in a manner that reduces 

exposure to the chemical substance to 

the extent practicable. This proposed 

rulemaking does not amend these 

interpretations or EPA’s approach for 

implementing TSCA section 6(h)(4). 

Rather, this rulemaking is intended to 

identify further opportunities to reduce 

risk to the substances to the extent 

practicable based on additional 

available information received in the 

comments to EPA’s 2021 request for 

comment. 

As demonstrated by the number of 

distinct programs addressed in this 

rulemaking and the structure of this 

proposed rule in addressing them 

independently, EPA generally intends 

the rule’s provisions to be severable 

from each other. EPA expects to provide 

additional detail on severability in the 

final rule once the Agency has 

considered public comments and 

finalized the regulatory language. 

3. EPA’s interpretation of ‘‘to the 

extent practicable’’ as used in TSCA 

section 6(h)(4). 

EPA is not changing the general 

interpretation of the term ‘‘practicable’’ 

as discussed in the five 2021 PBT final 

rules (86 FR 866, 86 FR 880, 86 FR 922, 

86 FR 894, and 86 FR 911). As 


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explained in that rulemaking, 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’’ which EPA reads to 

apply generally to the chemical and any 

potential for exposures within TSCA 

jurisdiction. With respect to the first 

requirement, EPA explained that the 

TSCA section 6(h) standard is distinct 

from the ‘‘unreasonable risk’’ standard 

for all other chemicals for which a 

section 6(a) rule might be issued. 

However, the phrase is not defined in 

the statute and there is no legislative 

history to explain what Congress 

intended with this text in section 

6(h)(4). Given the ambiguity of this text, 

EPA further noted that it had considered 

the relevance of other provisions in the 

statute, e.g., TSCA section 6(c) and 

concepts in TSCA section 6(g), and, as 

discussed in the response to comment 

document for the 2021 PBT Final rules, 

interprets ‘‘reduce exposures to the 

extent practicable’’ to consider such 

factors as ‘‘achievability, feasibility, 

workability and reasonableness,’’ 

consistent with dictionary definitions.’’ 

Thus, EPA noted that ‘‘[w]hether a 

regulatory option is achievable, feasible, 

workable, and reasonable inherently 

takes into consideration circumstances, 

such as the economic burden and 

complexities with an option, the utility 

of the chemical, and whether there are 

technically and economically feasible 

alternatives available for the chemical.’’ 

EPA further explained that its approach 

is consistent with dictionary definitions 

of the term ‘‘practicable’’ which 

inherently includes considerations 

outlined in TSCA section 6(c)(2) and 

6(g), such as health effects, magnitude of 

exposure, and the relative costs and 

benefits of the action. 

This interpretation of ‘‘to the extent 

practicable’’ for purposes of TSCA 

section 6(h)(4) is not amended. The 

application of this interpretation was 

informed by what the Agency could 

consider during an expedited 

rulemaking process and the body of 

information available to determine 

whether a prohibition would be 

practicable. EPA has collected 

additional information and reconsidered 

its application of this interpretation, 

focusing particularly on whether 

additional practicable requirements can 

reduce occupational exposures, 

including those associated with 

previously broadly-stated exclusions. 

4. EPA’s position on directly 

regulating occupational exposures. 

EPA did not use its TSCA section 6(a) 

authorities to directly regulate 

occupational exposures in the 2021 

decaBDE or PIP (3:1) final rules. As a 

matter of policy at that time, EPA 

assumed compliance with federal and 

state requirements, such as worker 

protection standards, unless casespecific facts indicated otherwise. For 

example, the Occupational Safety and 

Health Administration (OSHA) has not 

established a permissible exposure limit 

(PEL) for decaBDE and PIP (3:1). 

However, EPA assumed that employers 

would require, and workers would use, 

appropriate PPE consistent with general 

OSHA standards, considering employerbased assessments, in a manner 

sufficient to prevent occupational 

exposures that are capable of causing 

injury. EPA also stated that given the 

time allotted for the TSCA section 6(h) 

rulemakings and that no risk evaluation 

or assessment was required or feasible 

in the time available under the statute, 

EPA could not identify additional 

engineering or process controls or PPE 

requirements that would be appropriate 

to each chemical-specific circumstance, 

and that imposing such measures 

without sufficient analysis could 

inadvertently result in conflicting or 

confusing requirements and make it 

difficult for employers to understand 

their obligations. For these reasons, EPA 

determined that it was not practicable to 

regulate worker exposures in the 2021 

rules through engineering or process 

controls or PPE requirements. However, 

due to an increased focus on worker 

safety and a change in EPA’s 

assumptions regarding the use of worker 

protection measures such as PPE, the 

Agency is reconsidering the 

practicability of requiring worker 

protections. 

For purposes of determining whether 

worker protection measures are 

practicable under TSCA section 6(h)(4), 

EPA no longer believes it is appropriate 

to assume as a general matter that an 

applicable OSHA requirement or 

industry practice is consistently or 

always properly applied. This change in 

assumption should not be viewed as an 

indication that the Agency believes 

there are no occupational safety 

protections in place at any location, or 

that there is widespread noncompliance 

with applicable OSHA standards. 

Rather, it reflects the Agency’s 

recognition that its interpretation of the 

TSCA section 6(h)(4) standard ‘‘to 

reduce exposure . . . to the extent 

practicable’’ calls for worker protection 

measures to reduce the potential for 

exposure to PBTs generally, considering 

what is achievable, feasible, workable, 

and reasonable, in light of the 

circumstances. This is the case even in 

the absence of a risk evaluation or risk 

assessment and even if existing OSHA 

requirements might apply, such as those 

under the General Duty Clause of the 

Occupational Safety and Health Act (29 

U.S.C. 654(a)) or OSHA’s Respiratory 

Protection standard (29 CFR 1910.134). 

However, TSCA section 9(d) requires 

EPA to consult and coordinate TSCA 

activities with OSHA and other relevant 

Federal agencies for the purpose of 

achieving the maximum applicability of 

TSCA while avoiding the imposition of 

duplicative requirements. OSHA 

requires that employers provide safe 

and healthful working conditions 

through enforcement of the General 

Duty Clause and by setting and 

enforcing occupational safety and health 

standards under 29 U.S.C. 655. OSHA 

also provides training, outreach, 

education, and assistance. Where EPA 

has reason to believe that there might be 

the potential for exposure to workers to 

decaBDE and PIP (3:1), the Agency 

considers it practicable to require 

worker protections in addition to 

applicable OSHA regulations (e.g., fit 

testing and training requirements). To 

determine what worker protections 

measures are practicable, the Agency 

reconsidered the reasonably available 

information on the use of industry 

worker protection measures, including 

best practices, and considered new 

information received after the 2021 PBT 

final rules gathered during engagements 

with industry stakeholders and from the 

March 2021 notification and request for 

public comment period to propose these 

requirements (Ref. 18). This information 

was used to inform the proposed 

requirements for inhalation and dermal 

PPE to reduce worker exposure to 

decaBDE and PIP (3:1). 

EPA also considered the National 

Institute for Occupational Safety and 

Health (NIOSH) hierarchy of controls 

(i.e., prioritization of exposure control 

strategies from most protective and 

preferred to least protective and 

preferred techniques). In order of 

precedence, this hierarchy of controls 

includes elimination of the hazard, 

substitution with a less hazardous 

substance, engineering controls, 

administrative controls (e.g., training or 

exclusion zones with warning signs), 

and, finally, use of PPE (Ref. 19). Under 

the hierarchy of controls, the use of 

respirators should only be considered 

after all other measures have been taken 

to reduce exposures, and then under the 

context of the OSHA Respiratory 

Protection Standard at 29 CFR 1910.134. 

Under OSHA’s standards, the various 

exposure controls are prioritized 


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equally, followed by PPE requirements 

when necessary. When formulating the 

proposed worker protection 

requirements on the limited time 

allotted for the TSCA section 6(h) 

rulemakings, no risk evaluation or 

assessment was required or feasible and 

an already existing risk assessment was 

not available to support calculation of 

safe exposure levels for these two 

chemicals, which would be necessary 

for EPA to establish a workplace 

chemical protection program. Thus, 

EPA is proposing specific engineering 

controls and PPE for one industry 

sector, specifically, the use of PIP (3:1) 

as an intermediate in cyanoacrylate 

adhesives in which the Agency had 

additional information about existing 

practice. EPA is requesting comment on 

the practicability of worker protection 

measures that are higher in the 

hierarchy of controls (e.g., engineering, 

and administrative controls) due to the 

lack of existing available information. 

C. Overview of TSCA Sections 6(c) and 

26 Considerations 

Unless explicitly stated, the following 

overview is meant to be a summary of 

information previously provided by 

EPA in the 2021 decaBDE and PIP (3:1) 

final rules regarding TSCA sections 6(c) 

and 26 considerations. It is not intended 

to serve as a new proposal of findings 

under or interpretations of TSCA 

section 6(h)(4). 

1. TSCA section 6(c)(2) 

considerations. 

TSCA section 6(c)(2) requires EPA to 

consider and publish a statement based 

on reasonably available information 

with respect to the: 

• Health effects of the chemical 

substance(s) or mixture(s) and the 

magnitude of human exposure; 

• Environmental effects of the 

chemical substance(s) or mixture(s) and 

the magnitude of exposure to the 

environment; 

• Benefits of the chemical 

substance(s) or mixture(s) for various 

uses; and 

• Reasonably ascertainable economic 

consequences of the rule, including: the 

likely effect of the rule on the national 

economy, small business, technological 

innovation, the environment, and public 

health; the costs and benefits of the 

proposed and final rule and of the one 

or more primary alternative regulatory 

actions that EPA considered; and cost 

effectiveness of the proposed rule and of 

the one or more primary alternative 

regulatory actions that the Agency 

considered. 

In selecting among prohibitions and 

other restrictions available under TSCA 

section 6(a), EPA must factor in, to the 

extent practicable, these considerations. 

Further, in deciding whether to prohibit 

or restrict the manufacture, processing, 

distribution in commerce, use, or 

disposal of a chemical substance or 

mixture in a manner that substantially 

prevents a specific condition of use of 

a chemical substance or mixture, and in 

setting an appropriate transition period 

for such action, EPA must consider, to 

the extent practicable, whether 

technically and economically feasible 

alternatives that benefit health or the 

environment would be reasonably 

available as a substitute when the 

proposed prohibition or other restriction 

takes effect. 

EPA’s summary of the health and 

environmental effects of and the 

potential for exposure to the two PBT 

chemicals subject to this proposed 

action can be found in the 2021 PBT 

final rules for each chemical, the 

support documents for those final rules 

(e.g., the Exposure and Use Assessment 

(Ref. 16) and the Hazard Summary (Ref. 

20)). 

The costs and benefits of this proposal 

and the alternatives EPA considered, as 

well as the impacts on small businesses, 

are presented in the economic analysis 

document (Ref. 14). However, the 

Agency was not able to quantitatively 

estimate the benefits of this proposal 

and the alternatives, due to the absence 

of a risk evaluation, and has instead 

qualitatively described such benefits. 

EPA requests comment on all aspects of 

the benefits attributable to these 

proposed regulations. 

EPA considered the estimated costs to 

regulated entities, as well as the cost to 

administer and enforce the options. EPA 

considered reasonably available 

information about the functionality and 

performance efficacy of the regulatory 

options and the ability to implement the 

use of chemical substitutes or other 

alternatives. A discussion of the costs 

EPA considered can be found in Unit 

IV., along with a discussion of the 

alternatives that the Agency considered. 

A discussion of the impacts on small 

businesses can also be found in Unit IV. 

With respect to the cost-effectiveness 

of this proposed regulatory action, EPA 

is unable to perform a traditional costeffectiveness analysis of the options and 

alternative options for decaBDE and PIP 

(3:1). 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 from an existing 

risk evaluation or assessment, the 

Agency 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 regulatory action. 

However, by evaluating the 

practicability of the policy options, the 

Agency believes that it has considered 

elements related to the costeffectiveness of the actions, including 

the cost and the effect on human and 

environmental exposure to decaBDE 

and PIP (3:1). 

2. TSCA section 26(h) considerations. 

In accordance with TSCA section 

26(h) and considering the requirements 

of TSCA section 6(h), EPA used 

scientific information, technical 

procedures, measures, and 

methodologies that are fit for purpose 

and consistent with the best available 

science to inform the 2021 PBT final 

rules. EPA based its determination that 

human and environmental exposures to 

both decaBDE and PIP (3:1) are likely in 

its 2020 Exposure and Use Assessment 

(Ref. 16), which underwent a peer 

review and public comment process, 

and used 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 the Agency’s 

decision-making have been subject to 

independent verification or peer review 

is adequate to justify their use, 

collectively, in the record for this 

proposed rule. In addition, in 

accordance with TSCA section 26(i), 

and considering the requirements of 

TSCA section 6(h), EPA has made 

scientific decisions based on the weight 

of the scientific evidence. 

D. Overview, Health Effects, and 

Exposure 

For the 2019 PBT proposed rule, EPA 

prepared an Exposure and Use 

Document, summarizing the 

information the Agency obtained in its 

own research or in response to feedback 

prior to and during the rulemaking 

process on the types of exposures that 

might be relevant to a TSCA section 6(a) 

rulemaking under the TSCA section 

6(h)(4) standard. As noted in the 2021 

PBT final rules, the Exposure and Use 

Assessment identified the types of 

exposures that could occur, but such 

information was not intended to 

identify ‘‘conditions of use.’’ As EPA 

explained in the 2021 PBT final rules, 

the Agency did not perform a systematic 

review or a weight of the scientific 

evidence assessment for the hazard 

characterization of these chemicals. As 

a result, EPA explained that the hazard 

characterizations are not definitive or 

comprehensive. Other hazard 


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information on these chemicals may 

exist in addition to the description in 

the 2021 PBT final rules and studies 

summarized in the Hazard Summary 

(Ref. 20). The following sections 

summarize the hazard and Exposure 

and Use information in the 2021 

decaBDE and PIP (3:1) final rules. 

1. DecaBDE. 

As EPA explained in the 2021 

decaBDE final rule, 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. 

21). DecaBDE is also used as a flame 

retardant for multiple applications for 

aerospace and automotive vehicles, 

including replacement parts for aircraft 

and cars (Refs. 22 and 23). Exposure 

information for decaBDE is detailed in 

EPA’s Exposure and Use Assessment 

and the 2021 decaBDE final rule (Refs. 

3 and 16). As EPA explained in that 

rule, there is potential for exposure to 

decaBDE under the conditions of use at 

all stages of its lifecycle (i.e., 

manufacturing, processing, distribution 

in commerce, use [industrial, 

commercial, and consumer], and 

disposal) of the chemical. DecaBDE was 

produced and released at higher levels 

in the past, but releases from 

manufacturing and processing activities 

have declined over time, as are releases 

associated with use, disposal, and 

recycling activities (Ref. 16). This 

decline is in part due to a voluntary 

phase out by the largest producers and 

suppliers of decaBDE in the United 

States, that committed to end their 

production, imports, and sales for all 

uses of decaBDE by the end of 2013 

(Ref. 14). 

As described in the 2021 decaBDE 

final rule, 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 can 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 can 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 dermal and inhalation contact 

with decaBDE (Ref. 16). 

Finally, as summarized in the 2021 

decaBDE final rule, 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 is 

some evidence of genotoxicity and 

carcinogenicity. The 2021 decaBDE final 

rule and Hazard Summary provide more 

information on these hazardous 

endpoints (Ref. 20). 

For the 2020 Chemical Data Reporting 

(CDR) submission period, calendar years 

2016–2019, data indicate that three 

companies manufactured (including 

imported) decaBDE in the United States 

(Refs. 14 and 24). The 2020 CDR data 

indicate a production volume of less 

than 1 million pounds annually from 

2016 thru 2019, however, EPA notes 

that domestic production has ceased, 

and the identified importers have likely 

since stopped using decaBDE (Ref. 24). 

2. PIP (3:1). 

As explained in the 2021 PBT final 

rules, PIP (3:1) is used as a plasticizer, 

a flame retardant, an anti-wear additive, 

or an anti-compressibility additive in 

hydraulic fluid, lubricating oils, 

lubricants, greases, various industrial 

coatings, adhesives, sealants, and plastic 

articles. As a chemical that can perform 

several functions simultaneously, 

sometimes under extreme conditions, it 

has several distinctive applications. For 

example, in lubricating oils, PIP (3:1) is 

a flame retardant, anti-wear additive, 

anti-compressibility additive, or some 

combination of the three. In adhesives 

and sealants, PIP (3:1) is a plasticizer 

and flame retardant (Ref. 16). PIP (3:1) 

is also added to paints, coatings, and 

plastic components, where it is a 

plasticizer or flame-retardant additive. 

In the past, some plastic components to 

which PIP (3:1) may have been added 

included those intended for use by 

children. EPA has received comments 

that PIP (3:1) acts as a flame-retardant 

gel in filters surrounding engines in 

some marine and locomotive 

applications (EPA–HQ–OPPT–2019– 

0080–0569). 

Exposure information for PIP (3:1) is 

detailed in EPA’s Exposure and Use 

Assessment and is summarized here 

(Ref. 16). There is potential for exposure 

to PIP (3:1) under the conditions of use 

at all stages of its lifecycle (i.e., 

manufacturing, processing, distribution 

in commerce, use [industrial, 

commercial, and consumer], and 

disposal). PIP (3:1) is manufactured, 

processed, distributed, and used 

domestically. For the 2012 CDR 

submission period, data indicate that 

four sites manufactured (including 

imported) PIP (3:1) in the United States. 

The total volume of PIP (3:1) 

manufactured (including imported) in 

the United States was 14,904,236 lbs. in 

2011; 3,191,017 lbs. in 2012; 2,968,861 

lbs. in 2013; 5,632,272 lbs. in 2014; and 

5,951,318 in 2015 (Ref. 24). For the 2020 

CDR submission period, calendar years 

2016–2019, data indicate that nine sites 

manufactured (including imported) PIP 

(3:1) in the United States and 

manufacture (including import) held 

steady at between 1 and 10 million 

pounds (Refs. 14 and 24). The total 

volume of PIP (3:1) manufactured 

(including imported) in the United 

States was 14,904,236 lbs. in 2011; 

3,191,017 lbs. in 2012; 2,968,861 lbs. in 

2013; 5,632,272 lbs. in 2014; and 

5,951,318 in 2015 (Ref. 24). 

PIP (3:1) is toxic to aquatic plants, 

aquatic invertebrates, sediment 

invertebrates, and fish. Data indicate the 

potential for reproductive and 

developmental effects, neurological 

effects, and effects on systemic organs, 

specifically the adrenal glands, liver, 

ovaries, and heart in mammals. The 

studies presented in the 2019 Hazard 

Summary, titled ‘‘Environmental and 

Human Health Hazards of Five 

Persistent, Bioaccumulative and Toxic 

Chemicals,’’ describe these hazardous 

endpoints (Ref. 25). 

III. Proposed Regulatory and 

Alternative Regulatory Actions 

A. Regulatory Approach 

In this action, EPA is proposing 

revisions to the 2021 decaBDE final rule 

and the 2021 and 2022 PIP (3:1) final 

rules. EPA has collected additional 

information and reconsidered its 

application of its interpretation of the 

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

Agency ‘‘reduce exposures to the 

substance to the extent practicable,’’ 

focusing particularly on whether 

additional practicable requirements can 

reduce occupational exposures (see Unit 

II.B.3. and Unit II.B.4. for additional 

details), including those associated with 

exclusions. As described throughout 

this Unit, EPA has considered the 

practicability of the proposed and 

alternative regulatory actions. EPA 

considered how potential restrictions on 

the use of PIP (3:1) and decaBDE and 

the compliance timeframes associated 

with certain actions could impact 

supply chains, including those 


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prioritized in Executive Order 14017 

America’s Supply Chains. 

B. Activities EPA Did Not Reevaluate for 

This Rulemaking 

As explained in the 2021 decaBDE 

and PIP (3:1) final rules, at this time, 

EPA is not proposing to use its TSCA 

section 6(a) authorities to regulate all 

activities or exposures to decaBDE and 

PIP (3:1), although its Exposure and Use 

Assessment identified potential for 

exposures (Ref. 16). One such activity is 

disposal. As described in the 2021 PBT 

rulemakings, regulations promulgated 

under the authority of the Resource 

Conservation and Recovery Act (RCRA) 

govern the disposal of hazardous and 

non-hazardous wastes. Although 

decaBDE and PIP (3:1) are not listed or 

characteristic hazardous wastes under 

RCRA, they are 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 (e.g. the subtitle D ban 

on open dumping is at 42 U.S.C. 6945). 

Wastes containing chemicals that do not 

otherwise meet the criteria for 

hazardous waste would be disposed of 

in municipal solid waste landfills 

(MSWLFs), industrial nonhazardous 

landfills, 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 (see 40 

CFR part 239). The requirements for 

MSWLFs are discussed in further detail 

in the 2021 PBT final rules. In those 

rules, EPA also explained that 

establishing an entirely new disposal 

program for decaBDE-containing and 

PIP (3:1)-containing wastes would be 

not practicable. Both 2021 decaBDE and 

PIP (3:1) final rules discuss how this 

type of program would be difficult to 

establish and administer, as well as 

costly. In addition, treating these wastes 

in a manner similar to wastes listed as 

hazardous wastes would have impacts 

on hazardous waste treatment and 

disposal capacity and have resource 

impacts for states and local 

governments, as well as for affected 

industries (Refs. 3 and 4). Taking this 

into account, EPA did not reevaluate the 

practicability of further exposure 

reductions relating to disposal of 

decaBDE and PIP (3:1), as well as 

decaBDE- and PIP (3:1)-containing 

wastes. 

As also explained in the 2021 PBT 

final rules, EPA did not propose 

regulations relating to commercial use 

of products and articles containing the 

PBT chemicals, such as televisions and 

computers, because such regulation 

would both require testing, which may 

not be commercially available for a 

chemical, and be extremely 

burdensome, necessitating the 

development of a test method to allow 

for the identification of products 

containing PBT chemicals, including 

decaBDE and PIP (3:1), 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 

channels of trade could occur while the 

prohibited items were identified and 

replaced. EPA also acknowledged, based 

on additional information provided by 

industry stakeholders after the 2021 PIP 

(3:1) final rule, that international supply 

chains are complex, and that complexity 

creates challenges for identifying and 

finding alternatives to PIP (3:1) in 

international supply chains. Taking this 

into account, EPA did not reevaluate the 

practicability of further exposure 

reductions relating to continued 

commercial use of products and articles 

containing decaBDE and PIP (3:1) at this 

time. 

Finally, in the 2021 PBT final rules, 

EPA explained that it did not propose 

to use its TSCA section 6(a) authorities 

to restrict recycling activities generally. 

EPA explained that it recognized the 

importance and impact of recycling, 

which contributes to the protection of 

our environment, and that it would be 

overly burdensome and not practicable 

to impose restrictions on the recycling 

of plastics that may contain decaBDE or 

PIP (3:1), or on the use of such recycled 

plastic in plastic articles. EPA also 

explained that decaBDE and PIP (3:1), if 

present, are typically present in such 

articles at low levels and that banning 

the recycling of plastics containing 

decaBDE or PIP (3:1) would require 

decaBDE- and PIP (3:1)-containing 

plastic to be identified through 

prohibitively expensive and 

complicated testing, and separated from 

other types of plastic before recycling, 

which is usually done manually (Ref. 

27). EPA concluded that it would be 

difficult to make plastic sorting for this 

purpose cost-effective, and that it would 

be overly burdensome and not 

practicable to prohibit recycling of 

decaBDE- and PIP (3:1)-containing 

plastic in the United States. Taking this 

into account, EPA did not reevaluate the 

practicability of further exposure 

reductions relating to a prohibition of, 

or further regulatory restrictions on, the 

general recycling of decaBDE- and PIP 

(3:1)-containing plastic in the United 

States at this time. As noted in Unit 

III.C., the one exception relates to the 

2021 decaBDE final rule authorization 

for the continued recycling and 

distribution in commerce of existing 

plastic shipping pallets already known 

to contain decaBDE for the extent of the 

pallets’ service life because EPA 

believes it is practicable to regulate 

when the expensive testing is not 

necessary to determine the chemical’s 

presence in the article. 

C. DecaBDE—Proposed Revisions to 40 

CFR 751.405 

1. Require a label on existing plastic 

shipping pallets that contain decaBDE. 

a. Description of the proposed 

regulatory action. EPA is proposing to 

require a label on existing plastic 

shipping pallets that contain decaBDE. 

As mentioned in Unit II.A., after 

holding an additional tribal 

consultation, EPA received comments 

requesting the Agency to label plastics 

that contain decaBDE (Ref. 28). New 

plastic shipping pallets containing 

newly added decaBDE are prohibited 

under the 2021 decaBDE final rule (40 

CFR 751.405(b)). EPA determined it is 

practicable to label existing plastic 

shipping pallets containing decaBDE 

because all plastic shipping pallets are 

owned by a single company, and such 

company is aware of and tracks, as part 

of normal business operations, each 

decaBDE-containing plastic shipping 

pallet. No new decaBDE has been added 

to the company’s plastic shipping 

pallets since 2012 (Ref. 23). EPA is not 

proposing additional testing 

requirements to determine if decaBDE is 

present in the plastic shipping pallets. 

The proposed label would provide 

notice to workers that PPE is required to 

be worn during recycling, refurbishing, 

or processing of existing plastic 

shipping pallets that contain decaBDE, 

which would reduce potential 

exposures to decaBDE, see Unit III.C.2 

for more information on specific PPE 

requirements. EPA is proposing that the 

label must be securely attached to the 

plastic shipping pallet that is known to 

contain decaBDE and is requesting 

comment on whether the labels should 

be required to be available in multiple 

languages if necessary (e.g., notice 

would be in a language that the 

potentially exposed person understands, 

including a non-English language 

version representing the language(s) of 

the largest group(s) of workers who 

cannot readily comprehend or read 

English). EPA understands that the 

company typically attaches a label when 

it has possession of a plastic pallet in its 

inventory (i.e., after a pallet is returned 

from being rented out) as part of normal 

business practice. EPA is proposing that 


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the labeling information must show 

clearly, prominently, and in an easily 

readable font size, the following text: 

‘‘This pallet contains 

decabromodiphenyl ether (decaBDE) 

(CASRN 1163–19–5), a chemical that 

has been identified as persistent, 

bioaccumulative, and toxic (PBT) by the 

U.S. Environmental Protection Agency. 

All persons who recycle or process this 

pallet are required to wear personal 

protective equipment, per regulations at 

40 CFR 751.405(e). The use of decaBDE 

is restricted under 40 CFR 751.405: All 

persons are prohibited from all 

manufacturing (including importing), 

processing, or distribution in commerce 

of decaBDE or decaBDE-containing 

products or articles, except for select 

uses, including those for plastic 

shipping pallets at 40 CFR 

751.405(a)(2)(v) and (b). 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 to March 8, 2021.’’ 

EPA is requesting comment on the 

practicability of the proposed label and 

the language EPA has proposed to 

require on each label. 

b. Description of the primary 

alternative regulatory option 

considered. As a primary alternative 

regulatory option, EPA considered 

requiring a label on all recycled plastic 

articles that may contain decaBDE to aid 

in directions for worker protections. 

EPA considered this option because of 

a government-to-government 

consultation with the Yurok Tribal 

Council and comments received after 

this consultation (Ref. 28). However, 

EPA considered it would not be 

practicable to label all recycled plastic 

articles that may contain decaBDE (e.g., 

replacement parts for aerospace or 

motor vehicles). As mentioned in Unit 

II.D., domestic manufacture of decaBDE 

has ceased; however, decaBDEcontaining articles may still be imported 

into the United States. Although 

decaBDE’s use has been largely phased 

out, the Truck and Engine 

Manufacturers Association (EMA), in 

comments on the 2019 proposed PBT 

rule, cautioned EPA that their member 

manufacturers’ supply chains are very 

complex, and chemicals may be 

introduced into a part ‘‘as many as 

seven layers deep into the supply 

chain’’ (Ref. 29). Due to the complexity 

of supply chains, it is difficult to 

identify whether and where decaBDE is 

added in an article, hence making it 

difficult to determine where a label 

would be attached. 

2. Require use of PPE for certain 

activities involving decaBDE. 

a. Description of the proposed 

regulatory action. To ensure minimal 

potential for exposure to workers during 

domestic manufacturing and processing 

of decaBDE and decaBDE-containing 

products and articles, EPA is broadly 

proposing certain PPE requirements to 

address potential respiratory and dermal 

exposure to occupational workers 

during permitted ongoing activities 

involving decaBDE, with several 

proposed exclusions, including those 

which are being phased out. Due to the 

broad prohibition on manufacturing and 

processing in the 2021 decaBDE final 

rule and that several permitted uses will 

be phased out before rule finalization, 

the proposed protections would 

generally be required for certain ongoing 

uses listed at 40 CFR 751.405(a)(2) and 

751.405(b). 

For recycling activities, EPA is 

proposing to require respiratory and 

dermal PPE, NIOSH-approved N95 

respirator with an assigned protection 

factor (APF) of 10 and gloves that are 

chemically resistant to decaBDE, only 

during the recycling process of plastic 

shipping pallets that are known to 

contain decaBDE. After EPA considered 

additional information on industry use 

of PPE, the Agency concluded that it is 

practicable to require PPE during the 

manufacturing and processing of certain 

decaBDE and decaBDE-containing 

products and articles. EPA believes 

based on comments that it is practicable 

to require PPE for the processing of 

existing plastic shipping pallets because 

it is already industry practice (Ref. 23). 

For other all other recycling activities, 

due to the difficulty in identifying 

whether and where decaBDE is present 

in an article, EPA maintains that it 

would be impracticable to establish a 

testing program to determine if decaBDE 

is present. 

EPA is not proposing to require PPE 

for processing of decaBDE-containing 

wire and cable for use in nuclear power 

generation facilities, the processing of 

new and replacement parts to which 

decaBDE has been added for motor and 

aerospace vehicles, and the motor and 

aerospace vehicles that contain new and 

replacement parts to which decaBDE 

has been added. This is because the 

Agency believes the processing of these 

articles would result in minimal 

potential for worker exposure because, 

once formulated, decaBDE is encased in 

the cured coating and the potential for 

worker exposure is minimal (Ref. 16). 

EPA is also not proposing to require PPE 

for distribution in commerce of 

decaBDE or decaBDE-containing 

products or articles, since the 

distribution in commerce of these 

decaBDE-containing products or articles 

would result in minimal potential for 

exposure. Lastly, because EPA generally 

believes the potential for exposure is 

low during importation, the Agency is 

not proposing to require worker 

protections for import of decaBDE and 

decaBDE-containing products and 

articles. Addressing such minimal 

potential for exposure through worker 

protections would not be practicable 

considering the additional costs and 

resource burdens (Ref. 16). 

For the activities subject to the 

proposed PPE requirements and to 

reduce potential occupational exposure 

during the recycling process of plastic 

shipping pallets known to contain 

decaBDE, EPA is proposing to require, 

at a minimum, a NIOSH-approved N95 

respirator with an assigned protection 

factor (APF) of 10 and gloves that are 

chemically resistant to decaBDE with 

activity-specific training where dermal 

contact with decaBDE is possible. 

EPA is proposing to require 

implementation of a PPE program in 

alignment with certain elements of 

OSHA’s General Requirements for PPE 

at 29 CFR 1910.132 and Respiratory 

Protection requirements in 29 CFR 

1910.134. EPA is proposing to require 

that owners and operators ensure that 

each potentially exposed person who is 

required to wear PPE use and maintain 

PPE in a sanitary, reliable, and 

undamaged condition. Owners and 

operators would be required to select 

and provide PPE that properly fits each 

potentially exposed person who is 

required to use PPE. For N95 respirators 

with an APF 10, EPA is proposing that 

the owner or operator must ensure that 

all respirators used in the workplace are 

NIOSH-approved as listed on the 

NIOSH Certified Equipment List (Refs. 

30 and 31). In choosing appropriate 

gloves, EPA expects owners and 

operators would consider the 

effectiveness of the glove type when 

preventing exposures from decaBDE 

alone, and in likely combination with 

other chemical substances used in the 

work area, the degree of dexterity 

required to perform tasks, and the 

temperature, as identified in the Hand 

Protection section of OSHA’s PPE 

guidance (Ref. 32). Owners and 

operators would also be required to 

communicate PPE selections (e.g., 

demonstration that each item of PPE 

selected prevents exposure during 

expected duration and conditions of 

exposure) to each affected person. 

EPA is proposing to require each 

owner or operator to comply with 

OSHA’s general PPE training 

requirements at 29 CFR 1910.132(f) 

when using respirators and gloves. EPA 

is proposing that owners and operators 


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provide PPE training to each potentially 

exposed person who is required to wear 

PPE prior to or at the time of initial 

assignment to a job involving potential 

exposure to decaBDE. 

EPA is also proposing to require 

implementation of a respiratory 

protection program in alignment with 

29 CFR 1910.134(a) through (l), which 

requires each owner or operator to select 

respiratory protection in accordance 

with the guidelines for proper respirator 

use, maintenance, fit-testing, medical 

evaluation, and training. EPA is also 

proposing that owners or operators who 

would be required to administer a 

respiratory protection program be 

required to supply a respirator selected 

in accordance with 29 CFR 

1910.134(d)(1). 

EPA proposes to require that owners 

and operators document respiratory 

protection used and PPE program 

implementation and retain those records 

for five years. EPA proposes to require 

that owners and operators document 

and keep records of the following 

information on the PPE program, as 

applicable, and make it available to the 

Agency upon request: 

(A) The name, workplace address, 

work shift, job classification, and work 

area of each person reasonably likely to 

directly handle decaBDE or handle 

equipment or materials on which 

decaBDE may be present and the type of 

PPE selected to be worn by each of these 

persons; 

(B) The basis for PPE selection (e.g., 

demonstration based on permeation 

testing or manufacturer specifications 

that each item of PPE selected provides 

an impervious barrier to prevent 

exposure during expected duration and 

conditions of exposure, including the 

likely combinations of chemical 

substances to which the PPE may be 

exposed in the work area); and 

(C) Documentation that the selection 

appropriately sized PPE and training on 

proper application, wear, and removal 

of PPE, and proper care/disposal of PPE 

occurred. 

EPA is proposing to require that each 

owner or operator supply PPE, selected 

in accordance with 40 CFR 751.405(e), 

to each potentially exposed person 

within 60 days after publication of the 

final rule. 

b. Description of the primary 

alternative regulatory option 

considered. As a primary alternative 

regulatory option, EPA considered 

requiring respiratory and dermal PPE 

during all recycling processes of 

decaBDE-containing plastic products 

and articles. However, as stated in Unit 

III.B. and in the 2021 PBT final rules, 

EPA did not propose to use its TSCA 

section 6(a) authorities to restrict 

recycling activities generally. EPA did 

not reevaluate the practicability of 

further exposure reductions relating to 

prohibiting, or further regulatory 

restrictions on, the general recycling of 

decaBDE-containing plastic in the 

United States. As mentioned in the 2021 

response to comment document, in 

order to determine if decaBDE is present 

in plastics at recycling facilities, a 

testing program would need to be 

established (Ref. 33). EPA further 

explained that that it would also be 

difficult to make plastic sorting for this 

purpose cost-effective, and that it would 

be overly burdensome and not 

practicable to prohibit recycling of 

decaBDE-containing plastic in the 

United States. EPA continues to expect, 

as mentioned in the 2021 response to 

comment document, that the amount of 

recycled plastic that contains decaBDE 

from recycled plastic to decline due to 

compliance with the prohibitions in the 

2021 decaBDE final rule and as 

substitute flame retardants replace 

existing products that contained 

decaBDE (Ref. 33). 

3. Prohibit the release to water. 

EPA is proposing to prohibit the 

releases to water during the 

manufacturing, processing, and 

distribution in commerce of decaBDE, 

decaBDE-containing products, and all 

persons are required to follow any 

regulations that may apply and best 

management practices for preventing 

the release of decaBDE to water. 

Applicable regulations related this 

proposed prohibition on releases to 

water may include restrictions on 

discharges under the Federal Water 

Pollution Control Act (commonly 

known as the CWA)), Safe Drinking 

Water Act (SDWA), or analogous State 

laws. As mentioned in Unit II.A., after 

holding an additional tribal 

consultation, EPA received comments 

requesting the Agency prohibit releases 

of decaBDE to water (Ref. 28). Although 

EPA is aware of studies showing 

decaBDE in surface water, there have 

been no reported releases to water to the 

Toxics Release Inventory (TRI) since 

2012 (Ref. 34). After reconsidering the 

practicability of prohibiting releases to 

water due to the tribe’s comments, and 

the potential for releases to water, even 

though there are no reported such 

releases, EPA is proposing to prohibit 

the release to water to prevent any 

potential future releases of decaBDE and 

protect exposed populations (e.g., 

subsistent fishers) (Ref. 16). EPA is 

requesting comments on additional 

details of how a prohibition on releases 

to water could best be achieved through 

best management practices, such as 

engineering controls, process changes, 

work practices, emergency procedures, 

or other measures to prevent releases. 

While it is EPA’s understanding that 

releases of decaBDE to water are not 

occurring, prohibiting releases to water 

highlights the importance of preventing 

environmental releases of chemicals 

regulated by TSCA section 6(h) and 

reducing potential exposures. As 

mentioned in the Exposure and Use 

Assessment, TRI data show a decrease 

in releases that are reported in each 

industry sector using decaBDE. As of 

2016, the number of manufacturing 

facilities, textile manufacturing 

facilities, wire and cable manufacturing 

facilities, and other facilities reporting 

TRI releases has decreased from several 

dozen to only one manufacturer and 23 

other facilities (Ref. 16). Specifically, 

the one manufacturer that released to 

water prior to 2012, is now prohibited 

from manufacturing decaBDE under the 

2021 decaBDE final rule. According to 

the most recent (2021) TRI data, there 

were zero releases of decaBDE to water 

(Ref. 34). TRI reporting is required only 

for facilities within specific NAICS 

codes who have 10 or more full-time 

employees, so it is possible that there 

were releases outside of the reporting 

requirements, but EPA believes this is 

unlikely. Prohibiting releases to water 

during manufacture, processing, and 

distribution in commerce of decaBDE 

and decaBDE-containing products 

would prevent future releases of 

decaBDE to the water from permissible 

ongoing activities, reducing the overall 

potential for exposures. While in some 

cases EPA has determined that it is not 

practicable to exercise its TSCA section 

6(a) authorities to regulate certain 

exposures under TSCA section 6(h), as 

outlined in Unit II.B., this is not the case 

for releases of decaBDE to water. 

EPA is not proposing to extend this 

requirement to include a prohibition on 

the release to water for the processing 

and distribution in commerce of 

decaBDE-containing articles, including 

recycled materials that may contain 

decaBDE, with the exception of plastics 

shipping pallets known to contain 

decaBDE. As described in more detail in 

the 2021 decaBDE final rule and the 

2021 response to comment document, it 

would be extremely burdensome to 

identify articles containing decaBDE to 

determine if a facility that recycles 

articles is subject to this proposed 

release to water prohibition (Ref. 33). 

4. Extend the compliance extension 

for processing and distribution in 

commerce of decaBDE-containing wire 

and cables insulation for use in nuclear 

power generation facilities. 


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DecaBDE has been used in Class 1E 

cables, which are qualified to meet 

industry standards and the Nuclear 

Regulatory Commission’s (NRC) 

requirements in 10 CFR 50.49, 

‘‘Environmental qualification of electric 

equipment important to safety for 

nuclear power plants,’’ including the 

Institute of Electrical and Electronics 

Engineers 383 (‘‘IEEE 383’’) standard for 

instrumentation and power cable 

insulation. Recognizing this, and in 

response to stakeholder feedback and 

engagements with the only known 

supplier of decaBDE-containing wire 

and cable, EPA established an extended 

compliance deadline of January 6, 2023, 

in the 2021 decaBDE final rule, after 

which all processing and distribution in 

commerce of decaBDE for use in wire 

and cable insulation in nuclear power 

generation facilities, and decaBDEcontaining wire and cable insulation is 

prohibited (40 CFR 751.405(a)(2)(ii)). 

EPA interprets the term ‘‘nuclear power 

generation facilities’’ to include nuclear 

reactors as defined by the NRC in 10 

CFR 50.2, production facilities, test and 

research reactors, other utilization 

facilities not specifically designed for or 

used primarily for the formation of 

plutonium or U–233, and reactors 

operated under the oversight of the 

Department of Energy and has added 

text to the exclusion in 40 CFR 

751.405(a)(2)(ii) for clarification. In 

addition, EPA is clarifying that 40 CFR 

751.405(a)(2)(ii) and new (a)(2)(vi) are 

not limited to a specific level of power 

generation and that the exclusion 

includes ‘‘electrical equipment 

important to safety’’ as defined in 10 

CFR 50.49(b) and materials required for 

the safe operation of ‘‘Alternate ac 

source’’ and ‘‘Basic components’’ as 

defined in 10 CFR 50.2 which include 

decaBDE-containing wire and cable. 

EPA requests comment on if there are 

any additional points of clarification 

related to the description of the 

excluded activity. 

After the January 6, 2023, extended 

compliance deadline in the 2021 

decaBDE final rule, EPA received 

multiple requests and letters of concern 

regarding decaBDE in wire and cable 

insultation used in the nuclear power 

sector (Refs. 35 and 36). These inquiries 

and outreach came shortly after the 

supplier of this decaBDE-containing 

wire and cable discontinued processing 

and distribution in commerce and 

notified its customers of its inability to 

continue supplying their wire and cable 

due to the January 6, 2023, compliance 

date. Due to the lack of communication 

and engagement between the primary 

supplier and their customers, as well as 

with EPA, the industry reported to EPA 

that they were at risk of not having 

qualified wire and cable available, 

which could negatively affect both 

scheduled maintenance outages and 

unplanned equipment failures and, 

ultimately, could force multiple nuclear 

power plants to be temporarily taken 

offline. In response to this, on April 20, 

2023, EPA’s Office of Chemical Safety 

and Pollution Prevention (OCSPP) 

requested that the Office of Enforcement 

and Compliance Assurance (OECA) 

issue an enforcement statement 

regarding certain entities that are subject 

to the prohibitions on processing and 

distribution in commerce of decaBDEcontaining wire and cable insulation for 

nuclear power generation facilities as a 

bridge to a final rule addressing this use. 

In response to this request, EPA’s 

OECA issued a temporary ‘‘Enforcement 

Statement’’ on May 2, 2023, which 

indicates that the Agency does not 

intend to pursue enforcement for 

violations of the prohibition on 

processing and distribution in 

commerce of decaBDE-containing wire 

and cable insulation for nuclear power 

generation facilities, including those 

component and safety systems which 

contain the decaBDE-containing wire 

and cable insulation, that went into 

effect on January 6, 2023, as long as the 

entities involved are diligently working 

to qualify their alternative components 

in accordance with NRC regulations and 

guidance (Ref. 37). 

After considering feedback from the 

industry and federal partners, including 

the U.S. Department of Energy and NRC, 

EPA is proposing to extend the 

compliance date, limited to processing 

and distribution in commerce of 

decaBDE-containing wire and cable 

insulation and the components 

containing the wire and cable in nuclear 

power generation facilities (including 

research and test reactors), until after 

the end of the service life of the wire 

and cable and the component 

containing the wire and cable (see 40 

CFR 751.405(a)(2)(vi)). Stakeholders 

have indicated that existing decaBDEcontaining wire and cable insulation 

and components containing the wire 

and cable may need to be distributed 

and processed for refurbishment, 

maintenance, and repair until the wire 

and cable is replaced. In addition, EPA’s 

‘‘Exposure and Use Assessment of Five 

Persistent, Bioaccumulative, and Toxic 

Chemicals’’ indicates that although 

releases of decaBDE could occur during 

the processing of decaBDE to make the 

wire and cable (Ref. 16), once 

formulated into the wire and cable, 

decaBDE is encased in the cured coating 

and the potential for worker exposure is 

minimal (Ref. 16). Therefore, EPA 

concluded allowing this use to continue 

is necessary and practicable, while 

being unlikely to result in exposure to 

decaBDE. 

EPA is not proposing to allow 

resumption of processing and 

distribution in commerce of raw or 

compounded decaBDE for use in wire 

and cable insulation in nuclear power 

generation facilities. The only known 

supplier of this has been permitted to 

resume these activities for a limited 

time under a settlement agreement that 

provides a mechanism for the continued 

availability of decaBDE-containing wire 

and cable insulation, while the nuclear 

power generation facilities industry 

undergoes transition to a decaBDE-free 

alternative (Ref. 38). The termination 

conditions of the settlement agreement 

states that it shall remain in place for 

five years following the effective date 

unless terminated earlier, while the 

company’s customers Transition to 

receipt of Class 1E cable that is 

decaBDE-free. 

5. Require export notification for 

decaBDE-containing wire and cable for 

nuclear power generation facilities. 

As discussed in the 2021 decaBDE 

final rule, decaBDE is listed on Annex 

A of the Stockholm Convention on 

Persistent Organic Pollutants (the POPs 

Convention), which prohibits the 

production, use, import, and export of 

decaBDE and decaBDE-containing 

products and articles for Parties to the 

listing decision for decaBDE, unless 

otherwise subject to a specific 

exemption (Ref. 39). There is no specific 

exemption under the POPs Convention 

for decaBDE-containing wire and cable 

for nuclear power plant generation 

facilities, and thus, EPA did not expect 

import or export for this use to occur. 

However, EPA recently learned that 

there is a need for export of decaBDEcontaining articles for this purpose. 

Therefore, although articles are 

generally exempt under 40 CFR 

707.60(b) for notices of export under 

TSCA section 12(b), EPA is proposing to 

amend the current rule to require a 

TSCA section 12(b) export notice for 

export of decaBDE-containing wire and 

cable for nuclear power generation 

facilities. Such notice requirement is 

triggered 30 days after publication of 

this proposed rule, pursuant to TSCA 

section 12(b) and 40 CFR 707.65(a)(1)(i) 

and (b). The proposed notification to 

EPA of such intent to export would not 

provide consent by the importing 

countries for import of the shipment; 

the importing countries may choose not 

to permit import of such shipment. 

Consistent with subpart A of Part 751, 

the provisions of subpart D of 40 CFR 


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part 707 still apply to any export 

notifications required for decaBDE and 

PIP (3:1) under TSCA section 6(h). EPA 

is not requiring export notification for 

any other articles. 

EPA is requesting comment on 

whether additional downstream 

notification requirements for products 

and articles known to contain decaBDE 

would reduce the potential for exposure 

to decaBDE. The downstream 

notification for which the Agency is 

requesting comment would include 

additional text in sections 1 and 15 of 

a safety data sheet (SDS) or specific 

language on the label of the decaBDEcontaining product or article in 

question. 

6. Extend recordkeeping requirements 

from three to five years and remove 

timeframe to make records available. 

In the 2021 decaBDE final rule, EPA 

required that all persons who 

manufacture, process, or distribute in 

commerce decaBDE and products and 

articles containing decaBDE maintain 

ordinary business records related to 

compliance with the prohibitions and 

restrictions for three years and to make 

records available within 30-days upon 

request. EPA is proposing to increase 

the recordkeeping requirement from 

three to five years and to remove the 30- 

day timeframe to make records available 

for decaBDE and PIP (3:1). Due to the 

additional requirements being proposed 

in this rulemaking, specifically those 

pertaining to worker safety, EPA 

believes that the five-year timeframe 

regarding recordkeeping and removal of 

the 30-day timeframe to make records 

available is more appropriate. 

Furthermore, this is consistent with the 

timeframe associated with other TSCA 

section 6(a) rulemakings which include 

worker protection requirements. EPA 

believes extending each rule’s 

recordkeeping requirement to a 

consistent five-year requirement will 

facilitate regulated entities’ compliance 

with minimal impact to regulatory 

burden. In addition, removal of the 30- 

day time frame to make records 

available is critical to the Agency’s 

ability to promptly identify and correct 

noncompliance. EPA believes that the 

regulated entities should have the 

records demonstrating compliance 

readily available. 

D. PIP (3:1)—Proposed Revisions to 40 

CFR 751.407 

1. Modify existing exclusions and add 

new exclusions. 

EPA reviewed the determinations 

underlying the exclusions from 

prohibition in the January 2021 PIP (3:1) 

final rule to consider whether to adopt 

new restrictions for activities currently 

excluded, consistent with the statutory 

directive to reduce exposure to the 

extent practicable (Refs. 12 and 33). For 

many of the exclusions, EPA 

determined there were no technically 

feasible alternatives or that the time and 

cost to identify, research, and replace 

PIP (3:1) in supply chains were 

impracticable. During the comment 

period following the March 6, 2021, 

notification, many stakeholders from the 

auto, aerospace, semiconductor, heavy 

machinery, and other sectors provided 

additional information on time frames 

that they determined would allow those 

industries a reasonable period to 

transition from PIP (3:1) to alternatives 

(EPA–HQ–OPPT–2021–0202). Where 

EPA received information that transition 

from PIP (3:1) to an alternative has 

already occurred or could occur within 

a reasonable transition period, EPA 

proposes such modifications. In other 

instances, where commenters were not 

able to provide similar information for 

determining a reasonable period for 

such transition, EPA did not propose 

extending the phase-out deadline. EPA 

is requesting comment on the 

practicability of these proposed 

modifications. 

a. Description of the proposed 

regulatory action. EPA is proposing to 

modify several exclusions from 

prohibition finalized in the January 6, 

2021, PIP (3:1) final rule (Ref. 4). These 

proposed modifications include 

narrowing the scope of certain 

exclusions, adding prohibition phase-in 

dates, and in some cases creating new 

exclusions from prohibition for certain 

uses. In narrowing the scope of certain 

exclusions EPA is also proposing to 

prohibit the import of the PIP (3:1)- 

containing articles and PIP (3:1)- 

containing products for those uses. This 

is to restrict the ability for these 

prohibited PIP (3:1)-containing articles 

and PIP (3:1)-containing products for 

those uses to be imported where they 

are no longer allowed to be produced in 

the United States. EPA is not proposing 

to generally prohibit the manufacturing 

of PIP (3:1), consistent with the 2021 

PBT rulemaking, due to the number of 

excluded activities which EPA has 

found it impracticable to prohibit. 

i. Lubricants and greases. 

EPA is proposing to narrow the 

exclusion from prohibition in 40 

CFR751.407(b)(1)(ii) for processing and 

distribution in commerce of PIP (3:1) for 

use in lubricants and greases, PIP (3:1)- 

containing products for use in 

lubricants and greases, and PIP (3:1)- 

containing lubricants and greases. 

Under this proposal, the exclusion from 

prohibition would be narrowed to allow 

only for the processing and distribution 

in commerce of PIP (3:1), PIP (3:1)- 

containing products, and PIP (3:1)- 

containing lubricants and greases for 

use in aerospace and turbine 

applications. The processing and 

distribution in commerce of PIP (3:1), 

PIP (3:1)-containing products, and PIP 

(3:1)-containing lubricants and greases 

for all other uses, including but not 

limited to use in motor vehicles and 

industrial machinery, would be subject 

to a 5-year phased-in prohibition. EPA 

has acknowledged (Ref. 4) and 

continues to acknowledge the degree to 

which PIP (3:1) is a crucial anti-wear 

component for aerospace lubricants and 

greases, which is needed to perform at 

a wide range of temperatures and 

pressures. EPA understands there are 

some non-aerospace uses of these 

lubricants and greases where PIP (3:1) is 

a crucial anti-wear component, such as 

turbines used in power generation or in 

marine settings (Ref. 40). However, as 

discussed in the 2021 PIP (3:1) proposed 

rule (Ref. 12), uses in non-aircraft 

machinery and non-turbine equipment 

may not be subject to these same 

environmental stresses or safety and 

performance requirements from 

industry and government as the uses in 

the aerospace sector and turbines. As 

discussed in the 2020 Economic 

Analysis (Ref. 41), several potential 

chemical substitutes for PIP (3:1) exist. 

Three unique chemical substitutes of 

PIP (3:1) have been confirmed and an 

additional ten potential chemical 

substitutes have been identified, 

including some for non-aerospace and 

non-turbine lubricants and greases that 

are currently available on the market. 

Following EPA’s announcement to 

reconsider the PBT rules (Ref. 8), the 

Agency met with stakeholders to 

discuss their ongoing need for PIP (3:1)- 

containing lubricants and greases to 

meet performance standards and due to 

the lack of suitable alternatives. In 

addition, during the March 2021 

notification and comment period, EPA 

received five comments either stating 

that no alternative existed or requesting 

the Agency maintain the existing 

exclusion for lubricants and greases. 

Two stakeholders indicated that they 

were working to identify alternatives to 

and/or eliminate PIP (3:1) from 

lubricant and grease formulation, while 

acknowledging for some applications 

they might not be able to find a 

replacement. At least one stakeholder 

requested a 5-year transition period to 

move away from PIP (3:1) for their 

applications (Ref. 42). Because there are 

available alternatives to the use of PIP 

(3:1) and given the absence of comment 

with specific information on the need 


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for PIP (3:1) to meet performance 

standards for non-aerospace, nonturbine lubricants and greases, EPA is 

proposing a 5-year phased-in 

prohibition. EPA is requesting comment 

on whether there are performance 

requirements that might impact 

compliance with this transition period, 

or whether there are other 

considerations that would impact EPA’s 

conclusion that the phase-out is 

practicable, the suitability of 

alternatives to meet any performance 

requirements for non-aerospace and 

non-turbine uses, as well as the 

reasonableness of the proposed time 

period for the prohibition phase-in for 

those uses. In addition, EPA is 

requesting comment on the economic 

and technical feasibility of alternatives, 

and whether it would be practicable, 

where alternatives are not technically 

and economically feasible, to reduce 

exposures through worker protections 

alone. EPA is also requesting comment 

on whether the exclusion should be 

modified in another way, specifically as 

it relates to certain turbine uses. 

ii. New and replacement parts for 

motor vehicles. 

EPA is proposing to repeal the 

exclusion from prohibition for new and 

replacement parts for motor and 

aerospace vehicles in existing 40 CFR 

751.407(b)(1)(iii). The aspects of this 

exclusion that relate to aerospace 

vehicles and wire harnessing and 

electric circuit boards are addressed in 

Unit III.D.1.a.iii and Unit III.D.1.a.iv, 

respectively. As to motor vehicles, EPA 

is proposing to repeal the existing 

exclusion at 40 CFR 751.407(b)(1)(iii) 

for use of PIP (3:1) and PIP (3:1)- 

containing products in new and 

replacement parts for motor vehicles 

and is proposing to replace it with a 

prohibition that would begin in 15 

years. The proposed prohibition states 

that no later than 15 years from 

publication of the final rule, processing, 

and distribution in commerce of PIP 

(3:1), and the manufacturing, 

processing, and distribution in 

commerce of PIP (3:1)-containing 

products, for use in parts for new motor 

vehicles, including heavy machinery, 

and the parts to which PIP (3:1) has 

been added for such vehicles would be 

prohibited. Similarly, after such time, 

the manufacturing, processing, and 

distribution in commerce of new motor 

vehicles, including heavy machinery 

with PIP (3:1)-containing parts would be 

prohibited per 40 CFR 751.407(a)(2)(iv). 

This proposed prohibition would not 

apply to PIP (3:1)-containing parts that 

would be subject to a new exclusion, if 

adopted as proposed (e.g., wire 

harnesses and circuit boards). 

Consistent with the discussion in the 

January 6, 2021, PIP (3:1) and decaBDE 

final rules, EPA continues to interpret 

TSCA section 6(c)(2)(D) to be 

inapplicable to TSCA section 6(h) 

rulemakings. 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’’. 

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. 

Stakeholders representing 

manufacturers of new original 

equipment and aftermarket components, 

systems, and materials for use in 

passenger cars and light trucks 

indicated that, under the assumption 

that an alternative to PIP (3:1) could be 

found in the next three to four years, the 

industry could transition out of using 

PIP (3:1) within a seven-to-ten-year time 

frame (Ref. 43). EPA acknowledges that 

the timeframe contains many 

contingencies, which could delay the 

adoption of PIP (3:1) alternatives. 

Nevertheless, based on the industry’s 

own description of their experience 

with transitioning from a different 

chemical, albeit under different 

circumstances, and the time frames 

provided, EPA believes a 15-year phasein prohibition of processing and 

distribution in commerce of PIP (3:1) 

and PIP (3:1)-containing products for 

use in parts for new motor vehicles (i.e., 

newly produced vehicles) and a 30-year 

phase-in prohibition on processing and 

distribution in commerce for 

replacement parts and the motor 

vehicles with PIP (3:1)-containing parts, 

as discussed below, is practicable. 

EPA is also proposing in new 40 CFR 

751.407(a)(2)(v) to allow processing and 

distribution in commerce for an 

additional 15 years (i.e., until 30 years 

after the publication date of the final 

rule) of PIP (3:1) and the manufacturing, 

processing, and distribution in 

commerce of PIP (3:1)-containing 

products for use in replacement parts 

for motor vehicles, including heavy 

machinery, the PIP (3:1)-containing 

replacement parts themselves for such 

vehicles, and such vehicles with PIP 

(3:1)-containing parts for 30 years after 

the publication date of the final rule. 

EPA’s proposal does not impact the 

existing ‘‘end user’’ example at 40 CFR 

751.401. EPA is proposing this 30-year 

period, to ensure that the option 

provided to vehicle manufacturers by 49 

U.S.C. 30120 to remedy the defect or 

noncompliance by repairing the vehicle 

or the equipment (i.e., part) remains 

available. EPA acknowledges that 49 

U.S.C. 30120 does not require 

manufacturers to supply replacement 

parts, but rather to provide a remedy, 

which may include either replacing the 

equipment with identical or reasonably 

equivalent equipment, or by refunding 

the purchase price. 

Lastly, as explained in the March 

2022 PIP (3:1) final rule extending the 

PIP (3:1) compliance date, EPA 

generally interprets the term ‘‘motor 

vehicle’’ to mean a transport vehicle 

that is propelled or drawn by 

mechanical power, such as cars, trucks, 

motorcycles, boats, and construction, 

agricultural, and industrial machinery. 

EPA is proposing to include a reference 

to ‘‘heavy machinery’’ in the exclusion 

to clarify this. 

iii. New and replacement parts for 

aerospace vehicles. 

EPA is proposing to repeal the 

exclusion from prohibition for new and 

replacement parts for aerospace vehicles 

described currently in 40 CFR 

751.407(b)(1)(iii). EPA is proposing to 

replace the exclusion from prohibition 

with a prohibition at 40 CFR 

751.407(a)(2)(vi) that would begin 30 

years after the publication of the final 

rule on the processing and distribution 

in commerce of PIP (3:1) and the 

manufacturing, processing, and 

distribution in commerce of PIP (3:1)- 

containing products, for use in parts 

installed in and distributed as part of 

new aerospace vehicles, and the parts to 

which PIP (3:1) has been added for such 

vehicles. In addition, EPA is proposing 

that, after the end of the aerospace 

vehicles’ service lives, the importing, 

processing, and distribution in 

commerce, of aerospace vehicles (i.e., 

those permissibly manufactured before 

the compliance timeframe ends) that 

contain PIP (3:1) in any part would be 

prohibited. EPA is also proposing at 40 

CFR 751.407(a)(2)(vi) to prohibit 

manufacturing, processing, and 

distribution in commerce of PIP (3:1), 

PIP (3:1)-containing products for use in 

replacement parts, and PIP (3:1)- 

containing replacement parts, after the 

end of the aerospace vehicle service 

lives. These new prohibitions would not 

apply to PIP (3:1)-containing parts that 

would be subject to a new exclusion 

from prohibition, if adopted as proposed 

(e.g., wire harnesses and circuit boards). 

As discussed in the January 2021 PIP 

(3:1) final rule, EPA concluded a similar 

reasoning applied to the use of PIP (3:1) 


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in new and replacement parts for motors 

vehicles readily transfers to a review of 

the justifications for the use of PIP (3:1) 

for new and replacement parts in 

aerospace vehicles. EPA acknowledges 

the regulatory and safety requirements 

for the aerospace industry are as 

stringent or more stringent than those 

for motor vehicles. In particular, 

industry stakeholders noted the time 

required to identify an alternative, and 

to test and certify its use in parts, to 

meet safety requirements, as well as a 

lengthy Federal Aviation 

Administration approval process. Given 

these considerations, EPA is proposing 

longer time periods for the phase-in 

prohibitions for the use of PIP (3:1) in 

new and replacement parts for 

aerospace vehicles. EPA request 

comment on the appropriateness of a 

30-year time period for this phased-in 

prohibition or whether the length of 

time should be longer (e.g., 40 years). 

iv. Wire harnesses and circuit boards. 

EPA is proposing a new exclusion 

from the prohibition at 40 CFR 

751.407(b)(1)(iii) for the processing and 

distribution in commerce of PIP (3:1) 

and PIP (3:1)-containing products for 

use in wire harnesses and circuit 

boards, and wire harnesses and circuit 

boards containing PIP (3:1). This 

proposed exclusion is based on industry 

comments provided in response to the 

March 2021 notification opening a 

comment period. EPA has proposed that 

wire harnesses include a broad class of 

articles, including but not limited to 

terminal and fuse covers, cable sleeves, 

casings, connectors and tapes, used in a 

variety of applications, from defense to 

aerospace and motor vehicle 

applications, to medical 

instrumentation and more. In these 

articles, PIP (3:1) is used as a plasticizer 

and flame retardant. EPA also 

understands that PIP (3:1) use in 

electronic component manufacturing 

includes the use of PIP (3:1) in circuit 

boards as well as the use of PIP (3:1)- 

containing products for the 

encapsulation of electronics 

components added to circuit boards and 

as resins in overmolding, dip molding, 

insert molding applications, or 

conformal coatings. Hence, EPA is also 

proposing to exclude from prohibition 

the processing and distribution in 

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

containing products for use in circuit 

boards. Commenters have stated that 

these components, namely circuit 

boards and wire harnesses, are required 

to meet certain mandatory regulatory 

and voluntary industry safety standards 

(Refs. 44 and 45). According to 

commenters, alternatives to PIP (3:1) for 

use as a flame retardant and/or 

plasticizer in wire harnesses and circuit 

boards have not been identified (Ref. 8). 

Due to information from commenters 

and engagement with stakeholders, EPA 

is not aware of a replacement for PIP 

(3:1) for use in wire harnesses and 

circuit boards that combines its 

properties as a plasticizer, a fire 

retardant, and an anti-wear additive. 

Hence, EPA agrees with commenters 

that the replacement for PIP (3:1) in 

these uses would likely not be a direct 

substitute but might require multiple 

chemicals. EPA acknowledges that the 

process of replacing PIP (3:1) with 

separate chemicals for each function 

would likely be time consuming and 

costly to certify new end-use products 

and articles (Refs. 45 and 46). EPA is not 

aware of a technically and economically 

feasible alternative for PIP (3:1) that 

would meet the performance 

requirements and voluntary and 

regulatory safety standards for these 

articles. EPA and commenters are not 

aware of industry efforts to identify or 

qualify an alternative. For these reasons, 

EPA is proposing to determine that it is 

impracticable to prohibit the processing 

and distribution in commerce of PIP 

(3:1) for use in wire harnesses and 

circuit boards and PIP (3:1)-containing 

products for use in wire harnesses and 

circuit boards, and for wire harnesses 

and circuit boards containing PIP (3:1). 

EPA requests comment on the 

availability of potential alternatives for 

PIP (3:1) for use in wire harnesses and 

circuit boards that would ensure that 

these products and articles would meet 

performance requirements and 

voluntary and regulatory safety 

standards. 

v. Marine antifouling coating product. 

EPA is proposing, at new 40 CFR 

751.407(a)(2)(vii), to add a five-year 

compliance deadline for the prohibition 

of processing and distribution of PIP 

(3:1) for use in a FIFRA-registered 

marine antifouling coating product for 

Department of Defense uses only. The 

January 2021 prohibition on processing 

and distribution of PIP (3:1) has resulted 

in the inability of the U.S. Navy to 

obtain a PIP (3:1)-containing FIFRAregistered marine antifouling coating 

product. This compliance date 

extension will allow the U.S. Navy to 

continue to procure PIP (3:1)-containing 

coating while it identifies an alternative 

PIP (3:1)-free formulation. 

PIP (3:1) is used as a plasticizer in the 

formulation of the marine antifouling 

coating product and is an inert 

ingredient under FIFRA. In discussion 

with the U.S. Navy, it indicated that this 

antifouling coating falls under the 

‘‘mission critical’’ category because hull 

corrosion on ships can have significant 

impacts on ship performance. The U.S. 

Navy also indicated that it would need 

five years to develop a suitable 

alternative formulation and undergo 

U.S. Navy qualification and testing and 

the FIFRA approval process. Because no 

technically feasible alternative is 

currently available for the U.S. Navy’s 

aluminum-hulled ships due to the U.S. 

Navy’s specific performance 

requirements, EPA considers it 

impracticable to continue prohibiting 

the processing and distribution of PIP 

(3:1) for use in this marine antifouling 

coating product while an alternative is 

being developed. EPA believes there are 

suitable alternatives for commercial 

users, and so is limiting this exclusion 

to this U.S. Department of Defense 

application. EPA is proposing this new, 

5-year compliance deadline under 

TSCA section 6(h), not TSCA section 

6(g). 

vi. Manufacturing equipment and 

semiconductor manufacturing industry. 

Based on comments received after the 

March 16, 2021, notification and request 

for comments, EPA is proposing to 

revise 40 CFR 751.407(a)(2)(viii) to add 

a compliance deadline extension of 10 

years for processing and distribution in 

commerce of certain PIP (3:1)- 

containing articles and the PIP (3:1) 

used to process those articles, namely 

for use in manufacturing equipment and 

in the semiconductor manufacturing 

industry. As discussed in Unit II.A.2., 

after the January 2021 PIP (3:1) final 

rule was published, a number of 

stakeholders from a variety of industrial 

sectors, including electronics and 

electrical manufacturing, semiconductor 

manufacturing, and manufacturing 

equipment, requested an extension of 

the compliance date to allow time to 

clear the existing articles through the 

supply chain, to find and certify an 

alternative chemical, and to produce or 

import new articles or complex goods 

that do not contain PIP (3:1) (Ref. 10). 

These stakeholders informed EPA of 

new information regarding the use of 

PIP (3:1) as a flame retardant and 

plasticizer in plastic components such 

as wire covers and casings. Other 

components that were identified 

include, but are not limited to, 

polyvinyl chloride tubes, harnesses, 

cables, covers, sleeves, and casings, as 

well as internal components of hightech robotics and manufacturing 

equipment. Stakeholders have identified 

PIP (3:1) in components in scanning 

electron microscopes utilized in 

research, national laboratories, 

academia; in manufacturing and 

electronic components utilized for 

electronic design and assembly; and in 

electronics and semiconductor 


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manufacturing equipment (Ref. 44). 

Commenters also indicated that a wide 

range of key consumer and commercial 

goods were affected by the prohibitions 

in the 2021 PIP (3:1) final rule such as 

cellular telephones, laptop computers, 

and other electronic devices and 

industrial and commercial equipment 

used in various sectors including 

transportation, life sciences, and 

semiconductor production (Ref. 8, 

docket no., EPA–HQ–OPPT–2021– 

0202). EPA subsequently amended 40 

CFR 751.407(a)(iii) to extend the 

compliance deadline for the phase-out 

of the processing and distribution in 

commerce of PIP (3:1) for use in articles 

and PIP (3:1)-containing articles until 

October 31, 2024 (Ref. 13). 

EPA is now proposing to revise the 

compliance deadline at current 40 CFR 

751.407(a)(2)(iii) to allow an additional 

10 years for the processing and 

distribution in commerce of PIP (3:1) for 

use in articles and of PIP (3:1)- 

containing articles for use in 

manufacturing equipment and in 

semiconductor manufacturing. EPA is 

not proposing to further extend the 

existing October 31, 2024, compliance 

deadline for most other articles (see 

Unit III.D.4). EPA received stakeholder 

comments providing detailed 

information regarding timeframes to 

identify, replace, and recertify PIP (3:1)- 

containing articles in use within their 

often-complex supply chains and these 

comments suggest that a 10-year phaseout for use in manufacturing equipment 

and in semiconductor manufacturing is 

practicable and provides a reasonable 

transition period (Refs. 46, 47, and 48). 

EPA also received a comment in which 

a semiconductor industry stakeholder 

group stated that ‘‘[w]e have not learned 

of any situation where a reduction or 

elimination of PIP (3:1) or decaBDE was 

not technically possible’’ (Refs. 57). The 

commenter also stated that ‘‘we have 

found in our investigations that it is 

generally feasible for the suppliers of 

components containing PIP (3:1) or 

decaBDE to redesign the components for 

compliance.’’ However, this commenter 

also provided additional 

recommendations which EPA is taking 

comment on in Unit V. Several 

commenters note that there are 

difficulties in identifying PIP (3:1) in 

supply chains and additional time is 

needed to identify, test, certify, and 

adopt alternative parts, components, 

and finished products, as well as time 

to modify the manufacturing processes 

to accommodate an alternative 

substance. However, comments provide 

timeframes consistent with a 10-year 

period for transition and thus EPA does 

not believe that a shorter time frame 

would be practicable or reasonable. 

EPA is requesting comment on the 

scope and timeframe of this compliance 

date extension and the narrower scope 

of uses covered by this more limited 

extension beyond 2024. While EPA 

expects that in several industries, such 

as the textile (Ref. 51)and consumer 

product (Ref. 53) industries, the existing 

compliance timeframe for processing 

and distribution in commerce of PIP 

(3:1) for use in articles and PIP (3:1)- 

containing articles ending October 31, 

2024 is sufficient, EPA also recognizes 

the challenges described by commenters 

with complex supply chains and the 

potential need for a longer compliance 

date extension in certain other 

industries and is choosing the ten year 

period as a practicable length of time 

during which the manufacturing 

equipment and semiconductor 

industries should be able to move to 

alternatives. 

b. Description of the primary 

alternative regulatory action. 

EPA is also considering longer phasein timeframes for certain existing 

exclusions from prohibition. EPA 

considered a 30-year time limit on 

processing and distribution in 

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

containing products for use in 

lubricants and greases for aerospace and 

turbine applications, and PIP (3:1)- 

containing lubricants and greases for 

aerospace and turbine applications. As 

previously mentioned, stakeholders 

indicated that they were working to 

move away from the use of PIP (3:1), but 

that there could be applications where 

they might not be able to find a 

replacement. EPA is requesting 

comment on the timeframe needed to 

transition to PIP (3:1)-free lubricant and 

greases for this use and whether there 

are other industries, other than for 

aerospace and turbine applications, that 

may also need more time. 

EPA also considered a longer phaseout timeframe of 20 years for the 

prohibition of processing and 

distribution in commerce of PIP (3:1) 

and PIP (3:1)-containing products for 

use in wire harnesses and electric 

circuit boards, manufacturing 

equipment, and in the semiconductor 

industry. The 2021 OCSPP request for a 

‘‘No Action Assurance’’ (Ref. 49) 

outlines the many articles in which PIP 

(3:1) is used. In order to clear supply 

chains and ensure an effective transition 

to alternatives, EPA considered a 20- 

year transition period for these PIP (3:1) 

containing articles. Articles with an end 

use in new and replacement parts for 

vehicles would be excluded from this 

time limit. 

2. Require PPE during manufacturing 

and processing of PIP (3:1). 

EPA is proposing to require inhalation 

and dermal PPE during domestic 

manufacturing and processing of PIP 

(3:1) and certain PIP (3:1)-containing 

products and articles. As discussed in 

Unit II. and in this Unit III.C.2. for 

decaBDE, EPA believes there is 

potential for reduction in worker 

exposure to PIP (3:1) by requiring PPE 

where EPA is aware of employers in 

specific sectors that are already 

providing appropriate PPE to their 

employees. EPA is proposing PPE 

requirements to address potential 

respiratory and dermal exposure to 

occupational workers during certain 

ongoing domestic manufacturing or 

processing activities involving PIP (3:1), 

including those which EPA is proposing 

phase out periods. Because EPA 

generally believes the potential for 

exposure is low during importation, the 

Agency is not proposing to require 

worker protections for import of PIP 

(3:1) and PIP (3:1)-containing products 

and articles. The Agency is also not 

proposing to require worker protection 

for the processing of certain PIP (3:1)- 

containing products and articles: PIP 

(3:1)-containing adhesives and sealants, 

new and replacement parts to which PIP 

(3:1) has been added for motor and 

aerospace vehicles, and the motor and 

aerospace vehicles that contain new and 

replacement parts to which PIP (3:1) has 

been added, PIP (3:1)-containing 

specialized engine filters for locomotive 

and marine applications, and the 

products or articles described in 40 CFR 

751.405 (b)(1)(vi) and (vii). EPA is also 

excluding processing of PIP (3:1) and 

PIP (3:1)-containing products for use as 

an intermediate to produce 

cyanoacrylate adhesives when 

contained in a closed system under new 

40 CFR 751.407(f)(8)(iii). This is 

consistent with the practices of the one 

company using PIP (3:1) for this use and 

EPA believes it is protective due to 

proposed requirements under new 40 

CFR 751.407(f)(6) which would address 

PIP (3:1) through engineering controls. 

EPA is proposing to require 

implementation of a PPE program in 

alignment with certain elements of 

OSHA’s General Requirements for 

Personal Protective Equipment at 29 

CFR 1910.132 and Respiratory 

Protection requirements in 29 CFR 

1910.134. EPA is proposing to require 

owners and operators ensure each 

potentially exposed person who is 

required to wear PPE to use and 

maintain PPE in a sanitary, reliable, and 

undamaged condition. Owners and 

operators would be required to select 

and provide PPE that properly fits each 


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potentially exposed person who is 

required to use PPE and to communicate 

PPE selections (e.g., demonstration that 

each item of PPE selected provides 

prevents exposure during expected 

duration and conditions of exposure) to 

each affected person. 

While EPA is proposing 

implementation of a PPE program in 

alignment with OSHA’s, the Agency is 

also prescribing the level of PPE that 

must be worn based on the reasonably 

available information the Agency has 

regarding the adoption of those levels by 

industry. Where EPA is prescribing the 

use of PPE, the Agency is not 

supplanting OSHA requirements but 

clarifying the level of PPE that the 

Agency considers is practicable under 

TSCA section 6(h). For all activities 

covered under the worker protection 

proposed regulations, EPA is proposing 

that owners or operators be required to 

provide gloves that are chemically 

resistant to PIP (3:1) with activityspecific training where dermal contact 

with PIP (3:1) is possible. For the 

manufacturing and processing of PIP 

(3:1) and PIP (3:1)-containing products 

for use in new and replacement parts for 

motor vehicles, including heavy 

machinery, and aerospace vehicles, EPA 

is proposing respiratory protection 

which must be at least as protective as 

a NIOSH-approved N95 respirator (APF 

10). For processing of PIP (3:1) and PIP 

(3:1)-containing products for use in the 

manufacturing of cyanoacrylate 

adhesives, EPA is proposing respiratory 

protection which must be at least as 

protective as a NIOSH-approved APF 50 

respirator, except when the PIP (3:1) or 

PIP (3:1)-containing product is 

contained in a closed-system. For all 

other activities covered under the 

proposed PPE regulations, EPA is 

proposing respirators that are at least as 

protective as a NIOSH-approved APF 10 

air-purifying half mask respirator. Based 

on stakeholder comments (Ref. 33) and 

OSHA-required Safety Data Sheets, EPA 

believes these levels of protection are 

already typically used as industry best 

practices, although the Agency lacks 

reasonably available information to 

determine the scale of adoption. 

EPA is proposing that the owner or 

operator must ensure that all respirators 

used in the workplace are NIOSHapproved as listed on the NIOSH 

Certified Equipment List. In choosing 

appropriate gloves, EPA expects owners 

and operators would consider 

effectiveness of glove type when 

preventing exposures from PIP (3:1) 

alone and in likely combination with 

other chemical substances used in the 

work area, the degree of dexterity 

required to perform tasks, and the 

temperature, as identified in the Hand 

Protection section of OSHA’s Personal 

Protective Equipment guidance (Ref. 

32). 

EPA is proposing to require each 

owner or operator to comply with 

OSHA’s general PPE training 

requirements at 29 CFR 1910.132(f) 

when using respirators and gloves. EPA 

is proposing that owners and operators 

would provide PPE training to each 

potentially exposed person who is 

required to wear PPE prior to or at the 

time of initial assignment to a job 

involving potential exposure to PIP 

(3:1). 

EPA proposes to require that owners 

and operators document respiratory 

protection used and PPE program 

implementation and retain those records 

for five years. EPA proposes to require 

that owners and operators document in 

the PPE program the following 

information, as applicable, and make it 

available to the Agency upon request: 

(A) The name, workplace address, 

work shift, job classification, and work 

area of each person reasonably likely to 

directly handle PIP (3:1) or handle 

equipment or materials on which PIP 

(3:1) may present and the type of PPE 

selected to be worn by each of these 

persons; 

(B) The basis for PPE selection (e.g., 

demonstration based on permeation 

testing or manufacturer specifications 

that each item of PPE selected provides 

an impervious barrier to prevent 

exposure during expected duration and 

conditions of exposure, including the 

likely combinations of chemical 

substances to which the PPE may be 

exposed in the work area); and 

(C) Appropriately sized PPE and 

training on proper application, wear, 

and removal of PPE, and proper care/ 

disposal of PPE. 

3. Require engineering controls for 

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

containing products as an intermediate 

processing aid in the manufacturing of 

cyanoacrylate adhesives. 

Based on information gathered during 

consultations with industry 

stakeholders (Ref. 50), EPA is proposing, 

at new 40 CFR 751.407(f)(6), to require 

engineering controls for the processing 

of PIP (3:1) as an intermediate 

processing aid in the manufacturing of 

cyanoacrylate adhesives. According to 

stakeholders, the production process 

using PIP (3:1) is carried out in an 

automated batch distillation plant and 

in a closed system. 

EPA previously maintained that it 

was not practicable to prescribe 

engineering controls that were 

duplicative of those required under 

OSHA (OSHA 29 CFR 1910.134(a)(1)), 

which requires the use of feasible 

engineering controls to prevent 

atmospheric contamination. As 

discussed in Unit II.B.4., for purposes of 

determining whether worker protection 

measures are practicable under TSCA 

section 6(h)(4), EPA no longer believes 

it is appropriate to assume as a general 

matter that an applicable OSHA 

requirement is consistently or always 

properly applied, and the Agency 

considered when worker protection 

measures higher up the NIOSH 

hierarchy of controls than PPE could 

practicably be required. For the 

processing of PIP (3:1) as an 

intermediate processing aid in the 

manufacturing of cyanoacrylate 

adhesives, EPA has reasonably available 

information submitted by an industry 

participant regarding the use of 

engineering controls. Based on that 

information, EPA is proposing to require 

engineering controls for the processing 

of PIP (3:1) as an intermediate 

processing aid in the manufacturing of 

cyanoacrylate adhesives such that the 

processing of PIP (3:1) must take place 

in a closed loop system with general 

and local exhaust ventilation provided. 

EPA believes that only one company is 

currently processing PIP (3:1) for this 

use, and the proposed engineering 

controls are the current practice of the 

company. Thus, there were no costs for 

this proposed requirement (Ref. 14). 

EPA is requesting comment on whether 

all processing of PIP (3:1) as an 

intermediate processing aid in the 

manufacturing of cyanoacrylate 

adhesives uses this type of system and 

the feasibility of the cyanoacrylate 

adhesive industry to implement 

engineering controls. 

4. Extend recordkeeping requirements 

from three to five years and remove 

timeframe to make records available. 

In the 2021 PIP (3:1) final rule, EPA 

required that all persons who 

manufacture, process, or distribute in 

commerce PIP (3:1) and products and 

articles containing PIP (3:1) maintain 

ordinary business records related to 

compliance with the prohibitions and 

restrictions for three years and to make 

records available within 30-days upon 

request. EPA is proposing to increase 

the recordkeeping requirement from 

three to five years and to remove the 30- 

day timeframe to make records 

available. Due to the additional 

requirements being proposed in this 

rulemaking, specifically those 

pertaining to worker safety, EPA 

believes that the five-year timeframe 

regarding recordkeeping and removal of 

the 30-day timeframe to make records 

available is more appropriate. 

Furthermore, this is consistent with the 


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timeframe associated with other TSCA 

section 6(a) rulemakings which include 

worker protection requirements. EPA 

believes extending each rule’s 

recordkeeping requirement to a 

consistent five-year requirement will 

facilitate regulated entities’ compliance 

with minimal impact to regulatory 

burden. In addition, removal of the 30- 

day timeframe to make records available 

is critical to the Agency’s ability to 

promptly identify and correct 

noncompliance. EPA believes that 

regulated entities should have the 

records demonstrating compliance 

readily available. 

IV. The Reasonably Ascertainable 

Economic Consequences of the 

Proposed Rule 

A. Overview of Cost Methodology 

EPA has evaluated the potential costs 

of the proposed rule. Industry costs may 

arise from implementing measures to 

protect from exposure or switching from 

the manufacture or use of the chemical 

to a substitute. These costs included: 

reformulation of prohibited products 

using alternative chemicals to 

manufacture the product, or the price 

differential of available substitute 

products that do not contain PIP (3:1), 

providing workers with the required 

personal protective equipment (e.g., 

respirators, gloves, and/or goggles), 

product or article labeling to indicate 

that it contains the regulated 

chemical(s), rule familiarization and 

recordkeeping based on burdens 

estimated for other similar rulemakings. 

Costs were annualized over a 30-year 

period. Other potential costs include, 

but are not limited to, those associated 

with testing, release prevention, 

imported articles, and some portion of 

potential revenue loss. 

B. Estimated Costs of This Proposed 

Rule 

Total quantified annualized industry 

costs for the proposed rule are estimated 

to be $389 million at a 3% discount rate 

and $416 million at a 7% discount rate 

annualized over 30 years. Of the 

proposed rule costs, those associated 

with decaBDE alone were 

approximately $1,700 at a 3% discount 

rate and $1,800 at a 7% discount rate. 

Costs associated with PIP (3:1) were 

$389 million and $416 million (at 3 and 

7% discount rates, respectively.) Of this 

total, worker protection (PPE) costs 

under the proposed regulatory option 

annualized at a 3% discount rate is $355 

million and $392 million at a 7% 

discount rate with PIP (3:1) accounting 

for all costs. The reason for the large 

disparity in the costs between decaBDE 

and PIP (3:1) results from the difference 

in the number of firms using each 

chemical under the proposed rule’s 

regulated activities. There are only two 

firms known to be using decaBDE that 

would be impacted by the proposed 

rule. Substantially more firms (up to 

19,018) could potentially be impacted 

by the PIP (3:1) proposed rule 

requirements based on the sectors 

impacted. Prohibition costs for PIP (3:1) 

annualized at a 3% discount rate were 

estimated at $33 million and $24 

million annualized at a 7% discount 

rate. For the economic analyses for the 

2021 PBT final rules, EPA estimated 

that it would need one full-time 

equivalent (FTE) employee for 

implementation (e.g., compliance 

assistance and enforcement) activities 

under both the 2021 decaBDE and PIP 

(3:1) final rules (two FTE employees 

total). This proposed rule would modify 

the existing rules. Therefore, EPA does 

not expect that it will require any 

additional (incremental) Agency staff 

time to implement the rules under the 

proposed revisions (proposed or 

primary alternative options). 

1. Benefits. 

A qualitative discussion of the 

potential benefits associated with the 

proposed action for decaBDE and PIP 

(3:1) is provided. PIP (3:1) is a 

neurotoxicant and aquatic toxicant with 

high persistence and high potential for 

bioaccumulation. DecaBDE has been 

found to have an association with liver 

cancer and benign liver tumors in rats 

and mice and had hepatic, renal, 

immune, and reproductive toxicity 

concerns in animal studies. Research 

has also indicated that decaBDE is 

acutely toxic to fish and aquatic 

invertebrates. As a result of this 

proposed rule, prohibition and PPE 

requirements, EPA anticipates 

decreased potential for occupational 

exposures and reduced potential for 

exposures to the general population, 

potentially exposed or susceptible 

subpopulations, and the environment. 

2. Cost effectiveness and effect on 

national economy, small business, and 

technological innovation. 

With respect to the cost effectiveness 

of the proposed regulatory action and 

the primary alternative regulatory 

action, EPA is unable to perform a 

traditional cost-effectiveness 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 

primary 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 

primary and alternative regulatory 

actions. 

EPA considered the anticipated effect 

of this proposed rule on the national 

economy and concluded that this rule is 

highly unlikely to have any measurable 

effect on the national economy (Ref. 14). 

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. 54). 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 PIP (3:1). 

V. Request for Comments 

EPA requests comment on all aspects 

of this proposal, including the proposed 

regulatory actions, the compliance dates 

for all the actions in this proposal, the 

primary alternative regulatory actions, 

and any other options that EPA has 

considered or should consider for both 

decaBDE and PIP (3:1). EPA is 

requesting comment on whether the 

Agency’s proposed regulatory actions 

achieve the statutory directives to 

‘‘reduce exposure to the substance to the 

extent practicable’’ (15 U.S.C. 

2605(h)(4)). In addition, as previously 

noted, EPA’s understanding of the 

extent to which reductions in exposure 

might reduce risks for communities 

with EJ concerns is limited. EPA is 

therefore interested in any feedback or 

data that could aide in the 

quantification of human health impacts 

to exposed populations, in order to 

assess the extent to which impacts to 

communities with environmental justice 

concerns are reduced by the proposed 

rule. 

EPA requests comment on the 

performance requirements and the 

suitability of alternatives to meet any 

performance requirements for nonaviation and non-turbine uses, as well 

as the reasonableness of the proposed 

time period for the prohibition phase-in 

for those uses. In addition, EPA requests 

comment on the economic and technical 


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feasibility of alternatives, and whether it 

would be practicable, where alternatives 

are not technically and economically 

feasible, to reduce exposures through 

worker protections alone. EPA is also 

requesting comment on whether the 

exclusion from prohibition could be 

further narrowed, specifically as it 

related to certain turbine uses. 

EPA requests comment on the 

availability of potential alternatives for 

PIP (3:1) for use in wire harnesses and 

circuit boards that would ensure that 

these products and articles would meet 

performance requirements and 

voluntary and regulatory safety 

standards. 

EPA is requesting comment on the 

scope and timeframe of the 10-year 

compliance date extension for 

processing and distribution in 

commerce of certain PIP (3:1)- 

containing articles and the PIP (3:1), and 

PIP (3:1) products used in those articles 

for use in manufacturing equipment and 

in the semiconductor manufacturing 

industry, including information on 

whether and why a longer timeframe or 

exclusion may be necessary especially 

for replacement parts in order to 

account for complex supply chains and 

to clear channels of trade. 

In addition, in a more recent letter to 

EPA dated August 4, 2023, a 

semiconductor industry stakeholder 

group provided additional comments to 

EPA: including a recommendation that 

EPA adopt a threshold limit of no less 

than 0.001% for the presence of PIP 

(3:1) and 0.1% for the presence of 

decaBDE in articles, comments on EPA’s 

interpretation of ‘‘article,’’ a 

recommendation that EPA incorporate a 

manufactured-by approach to account 

for the complexity of the global supply 

chain and the time required to 

productize components compliant with 

the rule, and that EPA should 

incorporate an exclusion for 

semiconductor manufacturing and 

related equipment replacement parts 

(Ref. 57). EPA is also requesting 

comment on the availability of 

analytical test detection methods for PIP 

(3:1) and the practicability of 

implementing a testing program for the 

presence of PIP in products and articles. 

EPA has addressed a portion of these 

comments in the 2021 rulemaking. For 

example, EPA has addressed the request 

for an exclusion for PBTs present at low 

threshold limits as an unintentional 

contaminant or present as in de minimis 

quantities (independent of the exclusion 

for recycled plastics) reasoning that, 

where it is practicable to reduce 

exposures, the statute provides no such 

exceptions. EPA believes that there are 

any number of reasonable steps that can 

be taken to determine whether a product 

or article is compliant with the PBT 

regulations, such as contract 

specifications that describe the 

chemicals that may not be used, or a 

statement from the supplier that the 

articles furnished do not contain 

specific prohibited chemicals. However, 

EPA is requesting comment on this as 

well as the others provided to EPA by 

this semiconductor stakeholder. EPA 

requests comment on amending the 

downstream notification requirement at 

40 CFR 751.407(e) for PIP (3:1)- 

containing products to require language 

in the Safety Data sheet to notify 

workers using spray applications of the 

presence of PIP (3:1), or alternatively to 

require a warning or other label 

statement affixed to PIP (3:1)-containing 

products with spray applications. EPA 

requests comment on whether 

notification for workers using spray 

applications would reduce exposures, 

the practicability of such requirements, 

and what notification statements or 

warning labels would be effective at 

reducing exposures. This request for 

comment includes whether the 

notifications or warning labels should 

be available in multiple languages, if 

necessary (e.g., notice would be in a 

language that the potentially exposed 

person understands, including a nonEnglish language version representing 

the language(s) of the largest group(s) of 

workers who cannot readily 

comprehend or read English). 

EPA requests comment on whether 

additional downstream notification 

requirements for products and articles 

known to contain decaBDE would 

reduce the potential for exposure for 

decaBDE, and whether the labels for 

plastic pallets should also be required to 

be available in multiple languages if 

necessary. The downstream notification 

for which the Agency is requesting 

comment would include additional text 

in sections 1 and 15 of an SDS or 

specific language on the label of the 

product or article in question. 

EPA also requests comment on all 

aspects of the Economic Analysis 

accompanying this action. In taking 

final action on this proposal, following 

review of comments, EPA may require 

exposure reductions beyond those 

proposed here, or may reduce the scope 

of the proposed exposure reductions. 

VI. References 

The following is a listing 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. 

2. EPA. TSCA Work Plan Chemicals: 

Methods Document. February 2012. 

3. EPA. Decabromodiphenyl Ether 

(DecaBDE); Regulation of Persistent, 

Bioaccumulative, and Bioaccumulative, 

and Toxic Chemicals Under TSCA 

Section 6(h); Final Rule. Federal 

Register (86 FR 880, January 6, 2021) 

(FRL–10018–87). 

4. EPA. Phenol, Isopropylated Phosphate 

(3:1) (PIP (3:1)); Regulation of Persistent, 

Bioaccumulative, and Toxic Chemicals 

Under TSCA Section 6(h); Final Rule. 

Federal Register (86 FR 894, January 6, 

2021) (FRL–10018–88). 

5. EPA. 2,4,6-tris(tert-butyl) phenol (2,4,6– 

TTBP); Regulation of Persistent, 

Bioaccumulative, and Toxic Chemicals 

Under TSCA Section 6(h); Final Rule. 

Federal Register (86 FR 866, January 6, 

2021) (FRL–10018–90). 

6. EPA. Hexachlorobutadiene (HCBD); 

Regulation of Persistent, 

Bioaccumulative, and Toxic Chemicals 

Under TSCA Section 6(h); Final Rule. 

Federal Register (86 FR 922, January 6, 

2021) (FRL–10018–91). 

7. EPA. Pentachlorothiophenol (PCTP); 

Regulation of Persistent, 

Bioaccumulative, and Toxic Chemicals 

Under TSCA Section 6(h); Final Rule. 

Federal Register (86 FR 911, January 6, 

2021) (FRL–10018–89). 

8. EPA. Regulation of Persistent, 

Bioaccumulative, and Toxic Chemicals 

Under TSCA Section 6(h); Phenol, 

Isopropylated Phosphate (3:1); Request 

for Comments. Federal Register (86 FR 

14398, March 16, 2021) (FRL–10021–08). 

9. Executive Order 13990. Protecting Public 

Health and the Environment and 

Restoring Science to Tackle the Climate 

Crisis. Federal Register (86 FR 7037, 

January 25, 2021). 

10. Letter to EPA from the Consumer 

Technology Association and the 

Information Technology Industry 

Council to EPA on March 15, 2021. 

Document No. EPA–HQ–OPPT–2021– 

0202–0015. 

11. EPA. Regulation of Persistent, 

Bioaccumulative, and Toxic Chemicals 

Under TSCA Section 6(h); Phenol, 

Isopropylated Phosphate (3:1); 

Compliance Date Extension Final Rule. 

Federal Register (86 FR 51823, 

September 17, 2021) (FRL–6015.5–03– 

OCSPP). 

12. EPA. Regulation of Persistent, 

Bioaccumulative, and Toxic Chemicals 

Under TSCA Section 6(h); Phenol, 

Isopropylated Phosphate (3:1); Further 

Compliance Date Extension Proposed 

Rule. Federal Register (86 FR 59684, 

October 28, 2021) (FRL–6015.6–01– 

OCSPP). 


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13. EPA. Regulation of Persistent, 

Bioaccumulative, and Toxic Chemicals 

Under TSCA Section 6(h); Phenol, 

Isopropylated Phosphate (3:1); Further 

Compliance Date Extension Final Rule. 

Federal Register (87 FR 12875, March 8, 

2022) (FRL–6015.6–02–OCSPP). 

14. EPA. Economic Analysis for Regulation of 

Phenol, isopropylated phosphate (3:1) 

(PIP (3:1) and Decabromodiphenyl ether 

(DecaBDE) Under TSCA Section 6(h). 

November 2023. 

15. EPA. 1995 Policy on Evaluating Health 

Risks to Children. https://www.epa.gov/ 

sites/default/files/201405/documents/

1995_childrens_health_policy_

statement.pdf. 

16. EPA. Exposure and Use Assessment of 

Five Persistent, Bioaccumulative, and 

Toxic Chemicals. December 2020. (For 

references and supporting 

documentation, see also EPA–HQ– 

OPPT–2019–0080). 

17. Comments submitted to EPA. Regulation 

of Persistent, Bioaccumulative, and 

Toxic Chemicals Under TSCA Section 

6(h) on March 16, 2021. Docket ID: EPA– 

HQ–OPPT–2021–0202–0001. 

18. Comment from the American Coatings 

Association (ACA) to EPA on May 21, 

2021. Comment ID: EPA–HQ–OPPT– 

2021–0202–0144. 

19. Centers for Disease Control and 

Prevention (CDC). NIOSH Hierarchy of 

Controls. https://www.cdc.gov/niosh/ 

topics/hierarchy/default.html. 

20. EPA. Environmental and Human Health 

Hazards of Five Persistent, 

Bioaccumulative and Toxic Chemicals. 

December 2020. (For references and 

supporting documentation, see also 

EPA–HQ–OPPT–2019–0080). 

21. EPA. Preliminary Information on 

Manufacturing, Processing, Distribution, 

Use, and Disposal: Decabromodiphenyl 

ether. August 2017. Docket No. EPA– 

HQ–OPPT–2016–0724–0002. 

22. Stakeholder Comment from Auto 

Alliance. February 2018. 

23. Stakeholder Comment from iGPS. January 

2018. 

24. EPA. Access Chemical Data Reporting: 

2020 CDR Data. Last updated on May 16, 

2022. 

25. EPA. Exposure and Use Assessment of 

Five Persistent, Bioaccumulative, and 

Toxic Chemicals. June 2019. 

26. Yurok Tribe. Public Comment Submitted 

to EPA RE: Comments on Regulation of 

Persistent, Bioaccumulative, and Toxic 

Chemicals Under TSCA Section 6(h) on 

May 17, 2021. Comment ID: EPA–HQ– 

OPPT–2021–0202–0077. 

27. Norwegian Environmental Agency. Final 

Report. Literature Study—DecaBDE in 

Waste Streams. 2015. 

28. Yurok Tribe. Letter to EPA RE: the Tribal 

Consultation on DecaBDE Risk 

Management Rule on January 3, 2023. 

29. Comment submitted to EPA by the Truck 

and Engine Manufacturers Association 

(EMA) on October 29, 2019. Comment 

ID: EPA–HQ–OPPT–2019–0080–0550. 

30. Centers for Disease Control and 

Prevention (CDC). NIOSH Certified 

Equipment List. https://www.cdc.gov/ 

niosh/npptl/topics/respirators/cel/. 

31. Occupational Safety and Health 

Administration. Assigned Protection 

Factors for the Revised Respiratory 

Protection Standard. OSHA 3352–02 

2009. https://www.osha.gov/sites/ 

default/files/publications/3352-APFrespirators.pdf. 

32. Occupational Safety and Health 

Administration. Personal Protective 

Equipment. OSHA 3151–02R 2023. 

https://www.osha.gov/sites/default/files/ 

publications/osha3151.pdf. 

33. EPA. Regulation of Persistent, 

Bioaccumulative, and Toxic Chemicals 

Under TSCA Section 6(h) RIN 2070– 

AK34; Response to Public Comments. 

December 2020. 

34. EPA (2021c). TRI Toxics Tracker, U.S. 

Environmental Protection Agency. 

https://edap.epa.gov/public/extensions/

TRIToxicsTracker/TRIToxicsTracker.

html. 

35. Placeholder: Letter from the Nuclear 

Regulatory Commission to the EPA on 

March 31, 2023. (EPA–HQ–OPPT–2023– 

0376). 

36. Placeholder: Email from the Nuclear 

Energy Institute to the EPA on March 9, 

2023, 2023. (EPA–HQ–OPPT–2023– 

0376). 

37. EPA. Enforcement Statement Regarding 

the Prohibition of Processing and 

Distribution in Commerce of 

Decabromodiphenyl Ether (DecaBDE)- 

Containing Wire and Cable Insulation in 

Nuclear Power Generation Facilities 

under 40 CFR 751.405(a)(2)(ii). May 2, 

2023. https://www.epa.gov/system/files/ 

documents/202305/Enforcement

%20Statement%20Regarding

%20DecaBDE%205%202%202023.pdf. 

38. EPA. 2023 DecaBDE Settlement: In the 

Matter of RSCC Wire & Cable LLC. 

Docket No. TSCA–HQ–2023–5006. May 

1, 2023. https://yosemite.epa.gov/oa/ 

EAB_Web_Docket.nsf/Unpublished∼

Final∼Orders/8A750189B8B8E14

A852589A20072ACCC/$File/ 

RSCC%20CAFO%20final%20

order%202023.05.01%201510.pdf. 

39. 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. 

40. EPA. Stakeholder Meeting Notes with 

Akin Gump on September 27, 2018. 

Docket No. EPA–HQ–OPPT–2019–0080– 

0017. 

41. EPA. Economic Analysis for Regulation of 

Phenol, Isopropylated Phosphate (3:1) 

(PIP (3:1)) Under TSCA Section 6(h). 

December 16, 2020. 

42. Comment submitted to EPA from the 

National Elevator Industry, Inc. on 

March 24, 2021. Comment ID: EPA–HQ– 

OPPT–2021–0202–0131. 

43. Comment submitted to EPA from the 

Motor & Equipment Manufacturers 

Association and the Alliance for 

Automotive Innovation on May 20, 2021. 

Comment ID: EPA–HQ–OPPT–2021– 

0202–0110. 

44. Comment to EPA from the Consumer 

Technology Association, IPC, and 

Information Technology Industry 

Council on May 24, 2021. Comment ID: 

EPA–HQ–OPPT–2021–0202–0148. 

45. Comment submitted to EPA from The 

Boeing Company on May 20, 2021. 

Comment ID: EPA–HQ–OPPT–2021– 

0202–0102. 

46. Comment submitted to EPA from the 

Association of Equipment Manufacturers 

on May 14, 2021. Comment ID: EPA– 

HQ–OPPT–2021–0202–0053. 

47. Comment submitted to EPA from SEMI 

and the Semiconductor Equipment 

Association of Japan on May 20, 2021. 

Comment ID: EPA–HQ–OPPT–2021– 

0202–0121. 

48. Comment submitted to EPA from the 

Power Tool Institute, Inc. on May 18, 

2021. Comment ID: EPA–HQ–OPPT– 

2021–0202–0067. 

49. Comment submitted to EPA from 

Leonhardt Environmental, PC on May 6, 

2021. Comment ID: EPA–HQ–OPPT– 

2021–0202–0035. 

50. Comment submitted to EPA by Japan 

Agricultural Machinery Manufacturers 

Association on May 20, 2021. Comment 

ID: EPA–HQ–OPPT–2021–0202–0112. 

51. Comment submitted to EPA by Chemical 

Users Coalition on May 24, 2021. 

Comment ID: EPA–HQ–OPPT–2021– 

0202–0135. 

52. EPA. Letter from EPA’s Office of 

Chemical Safety and Pollution 

Prevention to EPA’s Office of 

Enforcement and Compliance Assurance 

RE: Request for No Action Assurance 

Regarding the Prohibition of Processing 

and Distribution of Phenol Isopropylated 

Phosphate (3:1), PIP (3:1), for Use in 

Articles and PIP (3:1) containing Articles 

under 40 CFR 751.407(a)(1). March 8, 

2021. https://www.epa.gov/sites/default/ 

files/2021-03/documents/10021-08_

memo_freedhoff_to_starfield_tsca_pip_

31_naa_signed_2021-03-08.pdf. 

53. Comment submitted to EPA from Daniel 

D. Masakowski, Director of Materials 

Development, RSCC on the Regulation of 

Persistent, Bioaccumulative, and Toxic 

Chemicals Under TSCA Section 6(h) on 

January 29, 2020. Comment ID: EPA– 

HQ–OPPT–2019–0080–0583. 

54. 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. 

55. Harper, Barbara and Ranco, Darren, in 

collaboration with the Maine Tribes. 

Wabanaki Traditional Cultural Lifeways 

Exposure Scenario. July 9, 2009. 

Referenced in the 2021 Final PBT Rule. 

56. EPA. Supporting Statement for an 

Information Collection Request (ICR) 

under the Paperwork Reduction Act 

(PRA); Decabromodiphenyl Ether and 

Phenol, Isopropylated Phosphate (3:1); 

Revision to the Regulation of Persistent, 

Bioaccumulative, and Toxic Chemicals 

under the Toxic Substances Control Act 

(TSCA); Proposed Rule (RIN 2070– 

AL02). EPA ICR No. 2779.01 and OMB 

Control No. 2070–NEW. November 2023. 


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57. Comment submitted to EPA by SEMI on 

August 4, 2023. Comment ID; TBA 

VII. 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 14094: Modernizing Regulatory 

Review 

This action is a ‘‘significant regulatory 

action’’ as defined in section 3(f)(1) of 

Executive Order 12866 (58 FR 51735, 

October 4, 1993), as amended by 

Executive Order 14094 (88 FR 21879, 

April 11, 2023). Accordingly, EPA, 

submitted this action to OMB for review 

under Executive Order 12866. 

Documentation of any changes made in 

response to the Executive Order 12866 

review is available in the docket. 

EPA prepared an economic analysis of 

the potential costs and benefits 

associated with this proposed rule (Ref. 

14). A copy of this economic analysis is 

also available in the docket and is 

briefly summarized in Unit I.E. and 

discussed in Unit IV. 

B. Paperwork Reduction Act (PRA) 

The information collection activities 

in this proposed rule have been 

submitted for approval to OMB under 

the PRA, 44 U.S.C. 3501 et seq. The 

Information Collection Request (ICR) 

document that EPA prepared has been 

assigned EPA ICR No. 2779.01 (Ref. 56). 

You can find a copy of the ICR in the 

docket for this rulemaking and it is 

briefly summarized here. 

Respondents/affected entities: See 

Unit I.A. 

Respondent’s obligation to respond: 

Mandatory under TSCA section 6(h) and 

40 CFR 751.407. 

Estimated number of respondents: 

19,020 (13,550 manufacturers/ 

importers/processors, and 5,470 

distributors). 

Frequency of response: On occasion. 

Total estimated burden: 34,497 hours 

(per year). Burden is defined at 5 CFR 

1320.3(b). 

Total estimated cost: $2,640,103 (per 

year), includes $0 annualized capital or 

operation and 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 regulations in 40 CFR 

are listed in 40 CFR part 9. 

Submit your comments on the 

Agency’s need for this information, the 

accuracy of the provided burden 

estimates and any suggested methods 

for minimizing respondent burden to 

EPA using the docket identified at the 

beginning of this rule. EPA will respond 

to any ICR-related comments in the final 

rule. You may also send your ICRrelated comments to OMB’s Office of 

Information and Regulatory Affairs 

using the interface at https://

www.reginfo.gov/public/do/PRAMain. 

Find this ICR by selecting ‘‘Currently 

under Review—Open for Public 

Comments’’ or by using the search 

function. OMB must receive comments 

no later than December 26, 2023. 

C. 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 the chemicals 

subject to this proposed rule. The 

Agency has determined that this 

proposed rule, if finalized, would 

impact approximately 16,205 small 

businesses of which 1,399 are expected 

to incur cost impacts between 1% and 

3% of their annual revenue, all of which 

were for PIP (3:1) and none for 

decaBDE. The cost per small entity 

ranged from $4,254 to $1,134,821 (with 

an average of $124,650) at a 3% 

discount rate and ranged from $4,227 to 

$1,134,786 (with an average of 

$124,651, at a 7% discount rate). No 

entities for either chemical are expected 

to be impacted above 3% of their annual 

revenue. Details of this analysis are 

presented in the Economic Analysis 

(Ref. 14), which is in the public docket 

for this action. 

D. Unfunded Mandates Reform Act 

(UMRA) 

This action does not contain any 

unfunded mandate of $100 million or 

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

1531–1538, and does not significantly or 

uniquely affect small governments. The 

requirements of this proposed rule are 

not expected to affect state, local, or 

Tribal governments because the rule 

impacts only entities that manufacture 

(including import), process, distribute 

in commerce, use, or dispose decaBDE 

and PIP (3:1), and government entities 

are not engaged in these activities. 

E. Executive Order 13132: Federalism 

This action does not have federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999), because it will not 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. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have tribal 

implications as specified in Executive 

Order 13175 (65 FR 67249, November 9, 

2000), because it will not 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. 

Consistent with the EPA Policy on 

Consultation and Coordination with 

Indian Tribes, the Agency 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 these 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 

(Refs. 54 and 55). EPA also met with the 

National Tribal Toxics Council (NTTC) 

in Washington, DC. During the NTTC 

meeting, the Agency provided 

background information on the available 

regulatory options under 6(a) and a 

summary of the information gathered on 

the five PBT chemicals. Officials from 

NTTC expressed support for EPA 

regulations to reduce exposures to the 

general population and susceptible 

subpopulations. On November 7, 2022, 

EPA held a one-on-one tribal 

consultation with the Yurok Tribal 

Council, where the Agency received 

additional information that informed 

the Agency of considerations to reduce 

potential exposures to decaBDE, a 

summary of this consultation is 

provided in Unit II.A.2. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

Executive Order 13045 (62 FR 19885, 

April 23, 1997) directs federal agencies 

to include an evaluation of the health 

and safety effects of the planned 

regulation on children in federal health 

and safety standards and explain why 

the regulation is preferable to 

potentially effective and reasonably 

feasible alternatives. This action is 

subject to Executive Order 13045 


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because it is a significant regulatory 

action under section 3(f)(1) of Executive 

Order 12866, and the EPA believes that 

the environmental health or safety risk 

addressed by this action may have a 

disproportionate effect on children. 

While EPA believes that this action 

addresses the health and environmental 

risks presented by the PBT chemicals 

subject to this action that may have a 

disproportionate effect on children, EPA 

did not perform a risk assessment or risk 

evaluation of these PBT chemicals. 

However, the proposed requirements 

would reduce potential exposure to 

these PBT chemicals for the general 

population and for susceptible 

subpopulations such as workers and 

children. EPA’s evaluation of the 

exposure potential of these PBT 

chemicals (Ref. 16) and summary of the 

health and environmental hazards that 

may be presented by these chemical 

substances (Ref. 20) are in the docket. In 

addition, as briefly discussed in Unit 

I.E.5., EPA’s Policy on Children’s Health 

also applies to this action. See also the 

other discussions about the risks 

presented by the PBT chemicals subject 

to this action that are provided 

throughout this preamble. 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy 

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. 

I. National Technology Transfer and 

Advancement Act (NTTAA) 

This action does not involve technical 

standards under the NTTAA section 

12(d), 15 U.S.C. 272. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations and Executive 

Order 14096: Revitalizing Our Nation’s 

Commitment to Environmental Justice 

for All 

EPA believes that it is not practicable 

to assess whether this action is likely to 

result in new disproportionate impacts 

or exacerbate any existing 

disproportionate impacts on 

communities with EJ concerns in 

accordance with Executive Order 12898 

(59 FR 7629, February 16, 1994) and 

Executive Order 14096 (88 FR 25251, 

April 26, 2023). Since a risk evaluation 

was not conducted, EPA’s 

understanding of the extent to which 

reductions in exposure might reduce 

risks for communities with 

environmental justice concerns is 

limited. Data are not sufficiently 

comprehensive to estimate the extent to 

which the proposed rule would reduce 

existing disproportionate impacts on 

communities with EJ concerns. Data on 

the worker composition of affected 

industries, presented in Sections 6.5.1 

and 6.5.2 of the Economic Analysis (Ref. 

14), provides a general indication of 

how different demographic groups in 

the worker population may be affected. 

Certain exclusions and extensions of 

compliance dates beyond the onset of 

the rule may partially delay addressing 

these impacts. EPA believes that the 

restrictions that would be placed on 

decaBDE and PIP (3:1) with adoption of 

this proposed rule would reduce the 

potential exposures, and therefore, 

reduce any potential risks, associated 

with the manufacture, processing and 

use of these chemicals. EPA cannot 

confirm which specific subpopulations 

are at a disproportionate risk from 

exposure nor make a quantified estimate 

of the change in exposure that will 

result from the rule. In addition, only a 

small subset of the specific facilities 

using decaBDE and PIP (3:1) have been 

identified, so a proximity analysis 

examining the characteristics of the 

communities surrounding the known 

facilities might not be representative of 

all exposed communities. Some workers 

will receive PPE with adoption of the 

rule, while others will no longer be 

exposed to decaBDE and PIP (3:1). As 

companies reformulate with chemical 

alternatives, some workers may be 

exposed to these alternatives. Local 

communities will be also less exposed 

to decaBDE and PIP (3:1), though 

exposure to chemical alternatives may 

increase. EPA does not know which 

chemical alternatives industry will 

ultimately use. Some alternatives are 

less toxic and some are comparably 

toxic to decaBDE and PIP (3:1). 

List of Subjects 40 CFR Part 751 

Environmental protection, Chemicals, 

Export Notification, Hazardous 

substances, Import certification, 

Reporting and recordkeeping. 

Michael S. Regan, 

Administrator. 

Therefore, for the reasons set forth in 

the preamble, EPA proposes to amend 

40 CFR chapter I 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). 

■ 2. Amend § 751.403 by adding in 

alphabetical order the term ‘‘regulated 

area’’ to read as follows: 

§ 751.403 Definitions. 

* * * * * 

Regulated area means an area 

established by the regulated entity to 

demarcate areas where airborne 

concentrations or direct dermal contact 

of a specific chemical substance can 

reasonably be expected. 

* * * * * 

■ 3. Amend § 751.405 by: 

■ a. Revising paragraph (a)(2)(ii); 

■ b. Adding paragraphs (a)(2)(vi); 

■ c. Revising paragraphs (c)(1)(i) and 

(iii); and 

■ d. Adding paragraphs (d), (e), (f), and 

(g). 

The revision and additions read as 

follows: 

§ 751.405 DecaBDE. 

(a) * * * 

(2) * * * 

(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 

(including research and test reactors). 

* * * * * 

(vi) After the end of the wire and 

cables’ service life, all persons are 

prohibited from all processing and 

distribution in commerce of decaBDEcontaining wire and cable insulation for 

nuclear power generation facilities 

(including research and test reactors). 

* * * * * 

(c) * * * 

(1) * * * 

(i) These records must be maintained 

for a period of five years from the date 

the record is generated. 

* * * * * 

(iii) These records must be made 

available to EPA upon request. 

* * * * * 

(d) Labeling. 

(1) After [DATE 1 YEAR AFTER 

DATE OF PUBLICATION IN THE 

FEDERAL REGISTER], all persons who 

process, including recycle, plastic 

shipping pallets that are known to 

contain decaBDE must securely attach a 

label to each pallet. For purposes of this 

section, ‘‘securely attach’’ shall mean 

that a label can reasonably be expected 

to remain affixed during the foreseeable 

conditions and period of use. Each label 

must show clearly, prominently, and in 

an easily readable font size the 

following text: 

This shipping pallet contains 

decabromodiphenyl ether (decaBDE) (CASRN 


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1163–19–5), a chemical that has been 

identified as persistent, bioaccumulative, and 

toxic (PBT) by the U.S. Environmental 

Protection Agency. All persons who recycle 

or process this pallet are required to wear 

personal protective equipment, per 

regulations at 40 CFR 751.405(e). The use of 

decaBDE is restricted under 40 CFR 751.405, 

all persons are prohibited from all 

manufacturing (including importing), 

processing, or distribution in commerce of 

decaBDE or decaBDE-containing products or 

articles, except for select uses, including 

those for plastic shipping pallets at 40 CFR 

751.405(a)(2)(v) and (b). 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 to March 8, 2021. 

(e) Workplace protection. 

(1) Applicability. After [DATE 60 

DAYS AFTER DATE OF PUBLICATION 

IN THE FEDERAL REGISTER], the 

provisions of paragraph (e) of this 

section apply to any workplaces, 

engaged in manufacturing and 

processing of decaBDE and decaBDEcontaining products and articles, except 

for those identified in paragraph (e)(7) 

of this section. 

(2) Regulated areas. Owners or 

operators must establish and maintain 

regulated areas as defined in 40 CFR 

751.403 wherever a potentially exposed 

person’s exposure to airborne 

concentrations or direct dermal contact 

of decaBDE can reasonably be expected. 

(i) The owner or operator must limit 

access to regulated areas to authorized 

persons. 

(ii) The owner or operator must 

demarcate regulated areas from the rest 

of the workplace in a manner that 

adequately establishes and alerts 

persons to the boundaries of the 

regulated area and minimizes the 

number of authorized persons exposed 

to decaBDE within the regulated area. 

(iii) The owner or operator must 

supply a respirator that complies with 

the requirements of paragraph (e) of this 

section and must ensure that all persons 

within the regulated area are using the 

provided respirators whenever 

exposures to airborne concentrations of 

decaBDE can reasonably be expected. 

(iv) The owner or operator must 

ensure that while persons are wearing 

respirators in the regulated area, they do 

not engage in activities which interfere 

with respirator seal or performance. 

(v) Whenever any direct dermal 

contact with decaBDE may occur within 

the regulated area the owner or operator 

must supply and ensure all persons are 

using dermal PPE that complies with 

the requirements of paragraph (e) of this 

section. 

(vi) The owner or operator must 

ensure that, within a regulated area, 

persons do not engage in non-work 

activities that may increase exposure to 

decaBDE. 

(3) Respiratory protection. The owner 

or operator must provide respiratory 

protection to all potentially exposed 

persons in the regulated area as 

demarcated in accordance with 

paragraph (e)(2) of this section, and 

according to the provisions outlined in 

29 CFR 1910.134(a) through (l) and as 

specified in this paragraph for 

potentially exposed persons to decaBDE 

during expected time of use. 

(i) The type of respiratory protection 

that regulated entities must select and 

provide to potentially exposed persons 

must be at least as protective as a 

NIOSH-approved N95 respirator (APF 

10). 

(ii) [Reserved] 

(4) Dermal protection. Owners or 

operators must require the donning of 

gloves that are chemically resistant to 

decaBDE with activity-specific training 

where dermal contact with decaBDE is 

possible. 

(5) Training. The owner or operator 

must provide PPE training in 

accordance with 29 CFR 1910.132(f) to 

all persons required to use PPE under 

this subsection. The training shall be 

provided prior to or at the time of initial 

assignment to a job involving potential 

exposure to decaBDE. 

(6) Workplace protection records. (i) 

The owner or operator subject to the 

requirements described in this section 

must retain records of: 

(A) The name, workplace address, 

work shift, job classification, work area 

of each person reasonably likely to 

directly handle decaBDE or handle 

equipment or materials on which 

decaBDE may be present, the type of 

PPE selected by the owner or operator 

for use by each of these persons, the 

respiratory protection used by each 

potentially exposed person, and PPE 

program implementation, including fittesting and training; 

(B) The basis for PPE selection (e.g., 

demonstration based on permeation 

testing or manufacturer specifications 

that each item of PPE selected provides 

an impervious barrier to prevent 

exposure during expected duration and 

conditions of exposure, including the 

likely combinations of chemical 

substances to which the PPE may be 

exposed in the work area); and 

(C) Appropriately sized PPE and 

training on proper application, wear, 

and removal of PPE, and proper care/ 

disposal of PPE. 

(ii) These records must be maintained 

for a period of five years from the date 

the record is generated. 

(iii) These records must be made 

available to EPA upon request. 

(7) Exclusions. The following are not 

subject to the provision of paragraph (e) 

of this section: 

(i) Import of decaBDE and decaBDEcontaining products and articles. 

(ii) Processing for recycling of 

decaBDE-containing plastic from 

products or articles and decaBDEcontaining products or articles made 

from such recycled plastic, where no 

new decaBDE is added during the 

recycling or production processes, 

except for those identified in paragraph 

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

(iii) Processing addressed in 

paragraph (a)(2)(vi) of this section of 

decaBDE-containing wire and cable 

insulation for use in nuclear power 

generation facilities. 

(iv) Processing of new and 

replacement parts to which decaBDE 

has been added for motor and aerospace 

vehicles, and the motor and aerospace 

vehicles that contain new and 

replacement parts to which decaBDE 

has been added. 

(f) Export notification for decaBDEcontaining products and articles. After 

[DATE 60 DAYS AFTER DATE OF 

PUBLICATION IN THE FEDERAL 

REGISTER], all persons intending to 

export decaBDE-containing wire and 

cable for nuclear power generation 

facilities (including research and test 

reactors) are required to notify EPA 

under TSCA section 12(b) and the 

provisions of subpart D of 40 CFR part 

707. The exemption at 40 CFR 707.60(b) 

does not apply to decaBDE-containing 

wire and cable for nuclear power 

generation facilities. 

(g) Prohibition on releases to water. 

After [DATE 60 DAYS AFTER DATE OF 

PUBLICATION IN THE FEDERAL 

REGISTER], all persons are prohibited 

from releasing decaBDE to water during 

manufacturing, processing, and 

distribution in commerce of decaBDE, 

decaBDE-containing products, and all 

persons are required to follow any 

applicable regulations and best 

management practices for preventing 

the release of decaBDE. 

■ 4. Amend § 751.407 by: 

■ a. Revising paragraphs (a)(2)(iii) and 

adding paragraphs (a)(2)(iv) through 

(ix); and 

■ b. Revising paragraphs (b)(1)(ii) and 

(iii), (d)(1) and (3); and 

■ c. Adding paragraph (f). 

The revisions and additions read as 

follows: 

§ 751.407 PIP (3:1). 

(a) * * * 

(2) * * * 

(iii) After October 31, 2024, except as 

provided in paragraphs (a)(2)(ii), 


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Federal Register / Vol. 88, No. 225 / Friday, November 24, 2023 / Proposed Rules 82311 

(a)(2)(ix), and (b) of this section, all 

persons are prohibited from all 

processing and distribution in 

commerce of PIP (3:1) for use in articles 

and PIP (3:1)-containing articles. 

(iv) After [DATE 5 YEARS AFTER 

DATE OF PUBLICATION IN THE 

FEDERAL REGISTER], except as 

provided in paragraph (b)(1)(ii) of this 

section, all persons are prohibited from 

all processing and distribution in 

commerce of PIP (3:1) and 

manufacturing, processing, and 

distribution of PIP (3:1)-containing 

products for use in lubricants and 

greases and PIP (3:1)-containing 

lubricants and greases. 

(v) After [DATE 15 YEARS AFTER 

DATE OF PUBLICATION IN THE 

FEDERAL REGISTER], all persons are 

prohibited from all processing and 

distribution in commerce of PIP (3:1) for 

use in parts for new motor vehicles, 

including heavy machinery, and 

manufacturing, processing, and 

distribution in commerce of PIP (3:1)- 

containing products for use in parts for 

new motor vehicles, including heavy 

machinery, PIP (3:1)-containing parts for 

such new vehicles, and the new motor 

vehicles, including heavy machinery in 

any parts. 

(vi) After [DATE 30 YEARS AFTER 

DATE OF PUBLICATION IN THE 

FEDERAL REGISTER], all persons are 

prohibited from all processing and 

distribution in commerce of PIP (3:1) 

and manufacturing, processing, and 

distribution in commerce of PIP (3:1)- 

containing products for use in 

replacement parts for motor vehicles, 

including heavy machinery, PIP (3:1)- 

containing replacement parts, and the 

motor vehicles, including heavy 

machinery, that contain such 

replacement parts. 

(vii) After [DATE 30 YEARS AFTER 

DATE OF PUBLICATION IN THE 

FEDERAL REGISTER], all persons are 

prohibited from all processing and 

distribution in commerce of PIP (3:1) 

and manufacturing, processing, and 

distribution in commerce of PIP (3:1)- 

containing products for use in parts 

installed in and distributed as part of 

new aerospace vehicles, and PIP (3:1)- 

containing parts 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 [DATE 30 YEARS 

AFTER DATE OF PUBLICATION IN 

THE FEDERAL REGISTER] that contain 

PIP (3:1) in any part. After the end of the 

aerospace vehicles service lives, all 

persons are prohibited from all 

manufacturing, processing, and 

distribution in commerce of PIP (3:1) 

and PIP (3:1)-containing products for 

use in replacement parts for aerospace 

vehicles, and the replacement parts to 

which PIP (3:1) has been added for such 

vehicles. 

(viii) After [DATE 5 YEARS AFTER 

DATE OF PUBLICATION IN THE 

FEDERAL REGISTER], all persons are 

prohibited from processing and 

distribution in commerce of PIP (3:1) 

and manufacturing, processing, and 

distribution in commerce of PIP (3:1)- 

containing products for use in marine 

antifouling coating products that are 

registered under the Federal, 

Insecticide, Fungicide, Rodenticide Act 

and that meet U.S. Department of 

Defense specification requirements. 

(ix) After November 25, 2033, all 

persons are prohibited from processing, 

and distribution in commerce of PIP 

(3:1), and manufacturing, processing, 

and distribution of PIP (3:1)-containing 

products and articles for use in 

manufacturing equipment and in the 

semi-conductor industry. 

* * * * * 

(b) * * * 

(1) * * * 

(ii) PIP (3:1) for use in lubricants and 

greases for aerospace and turbine uses, 

PIP (3:1)-containing products for use in 

lubricants and greases for aerospace and 

turbine use, and PIP (3:1)-containing 

lubricants and greases for aerospace and 

turbine uses; 

(iii) PIP (3:1) and PIP (3:1)-containing 

products for use in circuit boards and 

wire harnesses, including but not 

limited to terminal and fuse covers, 

cable sleeves, casings, connectors and 

tapes, and PIP (3:1)-containing circuit 

boards and wire harnesses including but 

not limited to terminal and fuse covers, 

cable sleeves, casings, connectors and 

tapes; 

* * * * * 

(d) * * * 

(1) After March 8, 2021, Persons who 

manufacture, process, or distribute in 

commerce PIP (3:1) or PIP (3:1)- 

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. These records 

must be maintained for a period of five 

years from the date the record is 

generated. 

* * * * * 

(3) These records must be made 

available to EPA upon request. 

* * * * * 

(f) Workplace protection. 

(1) Applicability. After January 23, 

2024, the provisions of this paragraph (f) 

apply to workplaces engaged in the 

manufacturing and processing of PIP 

(3:1) and PIP (3:1)-containing products 

and articles, except as provided in 

paragraph (f)(8) of this section. 

(2) Regulated areas. Owners or 

operators must establish and maintain 

regulated areas as defined in 40 CFR 

751.403 wherever a potentially exposed 

person’s exposure to airborne 

concentrations or direct dermal contact 

of PIP (3:1) can reasonably be expected. 

(i) The owner or operator must limit 

access to regulated areas to authorized 

persons. 

(ii) The owner or operator must 

demarcate regulated areas from the rest 

of the workplace in a manner that 

adequately establishes and alerts 

persons to the boundaries of the 

regulated area and minimizes the 

number of authorized persons exposed 

to PIP (3:1) within the regulated area. 

(iii) The owner or operator must 

supply a respirator that complies with 

the requirements of paragraph (f) of this 

section and must ensure that all persons 

within the regulated area are using the 

provided respirators whenever 

exposures to airborne concentrations of 

PIP (3:1) can reasonably be expected. 

(iv) The owner or operator must 

ensure that while persons are wearing 

respirators in the regulated area, they do 

not engage in activities which interfere 

with respirator seal or performance. 

(v) Whenever any direct dermal 

contact with PIP (3:1) may occur within 

the regulated area the owner or operator 

must supply and ensure all persons are 

using dermal PPE that complies with 

the requirements of paragraph (f) of this 

section. 

(vi) The owner or operator must 

ensure that, within a regulated area, 

persons do not engage in non-work 

activities that may increase exposure to 

PIP (3:1). 

(3) Respiratory protection. The owner 

or operator must provide respiratory 

protection to all potentially exposed 

persons in the regulated area as 

demarcated in accordance with 

paragraph (f)(2) of this section, and 

according to the provisions outlined in 

29 CFR 1910.134(a) through (l) and as 

specified in this paragraph for 

potentially exposed persons to PIP (3:1) 

during expected time of use. 

(i) The type of respiratory protection 

that regulated entities must select and 

provide to potentially exposed persons 

must be at least as protective as a 

NIOSH-approved APF 10 air-purifying 

half mask respirator except for those 

uses identified in paragraph (f)(3)(ii) 

and (iii) of this section. 

(ii) The type of respiratory protection 

that regulated entities must select and 

provide to potentially exposed persons 


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82312 Federal Register / Vol. 88, No. 225 / Friday, November 24, 2023 / Proposed Rules 

must be at least as protective as a 

NIOSH-approved N95 respirator (APF 

10) for the manufacturing and 

processing of PIP (3:1), and PIP (3:1)- 

containing products for use in new and 

replacement parts for motor vehicles, 

including heavy machinery, and 

aerospace vehicles. 

(iii) The type of respiratory protection 

that regulated entities must select and 

provide to potentially exposed persons 

must be at least as protective as a 

NIOSH-approved APF 50 purifying 

respirator for use as an intermediate to 

produce cyanoacrylate adhesives when 

PIP (3:1) and PIP (3:1)-containing 

products are not contained in a closed 

system (i.e., except as described in 

paragraph (f)(8)(iii) of this section). 

(4) Dermal protection. Owners or 

operators must require the donning of 

gloves that are chemically resistant to 

PIP (3:1) with activity-specific training 

where dermal contact with PIP (3:1) is 

possible. 

(5) Training. The owner or operator 

must provide PPE training in 

accordance with 29 CFR 1910.132(f) to 

all persons required to use PPE under 

this subsection. The training shall be 

provided prior to or at the time of initial 

assignment to a job involving potential 

exposure to PIP (3:1). 

(6) Engineering controls. Owners or 

operators manufacturing cyanoacrylate 

adhesives using PIP (3:1) as an 

intermediate processing aid must use 

the following engineering controls: 

(i) Must take place in a closed loop 

system, and 

(ii) General and local exhaust 

ventilation must be provided. 

(7) Workplace protection records. 

Owners or operators subject to 

requirements described in this section 

must retain records of: 

(A) The name, workplace address, 

work shift, job classification, work area 

of each person reasonably likely to 

directly handle PIP (3:1) or handle 

equipment or materials on which PIP 

(3:1) may be present, the type of PPE 

selected to be worn by each of these 

persons, the respiratory protection used 

by each potentially exposed person and 

PPE program implementation, including 

fit-testing and training; 

(B) The basis for PPE selection (e.g., 

demonstration based on permeation 

testing or manufacturer specifications 

that each item of PPE selected provides 

an impervious barrier to prevent 

exposure during expected duration and 

conditions of exposure, including the 

likely combinations of chemical 

substances to which the PPE may be 

exposed in the work area); and 

(C) Appropriately sized PPE and 

training on proper application, wear, 

and removal of PPE, and proper care/ 

disposal of PPE. 

(ii) These records must be maintained 

for a period of five years from the date 

the record is generated. 

(iii) These records must be made 

available to EPA upon request. 

(8) Exclusions. 

(i) Import of PIP (3:1) and PIP (3:1)- 

containing products and articles are not 

subject to the provision of paragraph (f) 

of this section. 

(ii) Processing of certain PIP (3:1)- 

containing products and articles: PIP 

(3:1)-containing adhesives and sealants, 

new and replacement parts to which PIP 

(3:1) has been added for such motor and 

aerospace vehicles, and the motor and 

aerospace vehicles that contain new and 

replacement parts to which PIP (3:1) has 

been added, PIP (3:1)-containing 

specialized engine filters for locomotive 

and marine applications, and the 

products or articles described in 

paragraph (b)(1)(vi) and (vii) of this 

section are not subject to the provisions 

of paragraph (f) of this section. 

(iii) Processing of PIP (3:1) and PIP 

(3:1)-containing products for use as an 

intermediate to produce cyanoacrylate 

adhesives when PIP (3:1) and PIP (3:1)- 

containing products are contained in a 

closed system as described in paragraph 

(f)(6) of this section are not subject to 

the provision of paragraph (f)(3) and (4) 

of this section. 

* * * * * 

[FR Doc. 2023–25714 Filed 11–22–23; 8:45 am] 

BILLING CODE 6560–50–P 


ddrumheller on DSK120RN23PROD with PROPOSALS1