91486 Federal Register / Vol. 89, No. 223 / Tuesday, November 19, 2024 / Rules and Regulations 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 751 

[EPA–HQ–OPPT–2023–0376; FRL–9145–02– 

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: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA or Agency) is finalizing 

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, 

the Agency has determined that 

revisions to the decaBDE and PIP (3:1) 

regulations are necessary to address 

implementation issues and to further 

reduce the potential for exposures to 

decaBDE and PIP (3:1) for humans and 

the environment to the extent 

practicable. 

DATES: This rule is effective on January 

21, 2025. 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPPT–2023–0376, is 

available online at https://

www.regulations.gov. Additional 

instructions on 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: 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: 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): 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 

Industry Classification System (NAICS) 

codes is not intended to be exhaustive, 

but rather provides a guide to help 

readers determine whether this 

document might apply 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); 

• 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); 


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Federal Register / Vol. 89, No. 223 / Tuesday, November 19, 2024 / Rules and Regulations 91487 

• 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). 

To determine whether your entity is 

regulated by this action, you should 

carefully examine the provisions found 

in 40 CFR part 751. If you have any 

questions regarding the applicability of 

this action to a particular entity, consult 

the technical information contacts 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. 2) 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. 3). 

In response to this directive, in 

January 2021, EPA promulgated rules to 

regulate the following five PBT 

chemical substances: decaBDE (CASRN 

1163–19–5); PIP (3:1) (CASRN 68937– 

41–7); 2,4,6-tris(tert-butyl)phenol (2,4,6- 

TTBP) (CASRN 732–26–3); 

hexachlorobutadiene (HCBD) (CASRN 

87–68–3); and pentachlorothiophenol 

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

7, and 8). 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 further reduce the 

potential for exposure to the extent 

practicable. 

C. What action is the Agency taking? 

EPA is finalizing revisions to the 

decaBDE and PIP (3:1) rules issued 

under TSCA (see 40 CFR part 751, 

subpart E). Additionally, in response to 

comments received on the 2023 

proposed rule for decaBDE and PIP (3:1) 

(Ref. 1), EPA is also amending the 

general provisions at 40 CFR 751.401 to 

exclude processing and distribution in 

commerce of an article that contains the 

chemical substance, and where the 

chemical substance has not been newly 

added, for the purpose of repair or 

maintenance. EPA is not revising the 

chemical-specific provisions for the 

other three PBT chemical substances 

addressed in 40 CFR part 751, subpart 

E (2,4,6-TTBP, HCBD, and PCTP). 

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 finalizing revisions 

to the 2021 decaBDE final rule to 

require the use of personal protective 

equipment (PPE) during certain 

activities involving decaBDE. EPA is 

also finalizing: a prohibition on releases 

to water during the manufacturing, 

processing, and distribution in 

commerce of decaBDE and decaBDEcontaining products; an extension of 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; an export 

notification requirement for decaBDEcontaining wire and cable for nuclear 

power generation facilities; and an 

allowance for unintentional amounts of 

decaBDE present in products and 

articles at concentrations less than 0.1% 

by weight. These final revisions are 

discussed further in Unit III.F. 

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 finalizing 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. EPA is also finalizing: phaseouts on processing and distribution for 

certain uses; 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 for the processing 

and distribution in commerce of such 

PIP (3:1)-containing harnesses and 

circuit boards; an exclusion to allow for 

distribution in commerce of new and 

replacement parts containing PIP (3:1); 

and an allowance for unintentional 

amounts of PIP (3:1) present in products 

and articles at concentrations less than 

0.1% by weight. EPA is not revising the 

October 2024 compliance date for 

articles not otherwise covered by an 

exclusion from prohibition or by an 

existing or newly finalized extension to 

a phase-out compliance deadline. 


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91488 Federal Register / Vol. 89, No. 223 / Tuesday, November 19, 2024 / Rules and Regulations 

D. Why is the Agency taking this action? 

On September 3, 2021, in accordance 

with Executive Order 13990, ‘‘Protecting 

Public Health and the Environment and 

Restoring Science to Tackle the Climate 

Crisis,’’ (86 FR 7037, January 25, 2021), 

EPA announced its intention to review 

the five PBT final rules issued on 

January 6, 2021 (Refs. 9 and 10). 

Specifically, EPA announced that it 

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). On 

March 8, 2021, EPA also requested 

public comment in the Federal Register 

on the five 2021 PBT final rules, 

including decaBDE and PIP (3:1) (Ref. 

11). In particular, EPA sought comment 

on whether the five 2021 PBT final 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. 

During the development of the 2021 

PBT final rules, EPA conducted 

extensive outreach to stakeholders, 

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 at a Small Business 

Roundtable hosted by the Small 

Business Administration (SBA) Office of 

Advocacy to elicit public comment. 

Only after the 2021 PBT final rules were 

published, a wide variety of 

stakeholders from various sectors, 

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. 

12). 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). 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. 5, 10, 11, and 13). Absent 

timely input from these stakeholders, in 

the 2021 PIP (3:1) final rule EPA 

determined that PIP (3:1) was not 

widely present in complex articles 

outside the aerospace and automotive 

sectors. 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). 

In response to stakeholder input, in 

an immediately effective final rule 

issued 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 phasein of prohibition, to March 8, 2022 (Ref. 

10). 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 phasein of prohibition, to October 31, 2024, 

and finalized that extended compliance 

deadline in March 2022 (Refs. 13 and 

14). 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. 10 and 13). 

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. 15). These comments are addressed 

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

rule and October 2021 PIP (3:1) 

proposed rule (Refs. 10 and 13). 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 were 

necessary for certain industry sectors, 

including the semiconductor and 

equipment manufacturing sectors. 

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 assess how 

environmental justice could be 

promoted through further exposure 

reduction to better protect human health 

and the environment (Refs. 10, 13, and 

14). 

In addition, several comments 

received raised issues pertaining to 

decaBDE. 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–2023–0376–0303, EPA–HQ– 

OPPT–2023–0376–0313, 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. 16). 

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. EPA received no 

comments addressing the need for the 

extending compliance date for decaBDEcontaining wire and cable insulation for 

nuclear power generation facilities. 

E. What are the estimated incremental 

impacts of this action? 

EPA’s estimated incremental impacts 

for this rulemaking are presented in an 

Economic Analysis document (Ref. 17), 

which is available in the docket, 

described in more detail in Unit IV., and 

is briefly summarized here. The EPA 

conducted this analysis for the purpose 

of providing the public with as full as 

possible an understanding of the 

potential impacts of this final action. 

The EPA believes this can inform the 

public’s understanding, place EPA’s 


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Federal Register / Vol. 89, No. 223 / Tuesday, November 19, 2024 / Rules and Regulations 91489 

action in context, and help identify and 

illustrate the extent of potential burdens 

and protection. 

1. Benefits 

As discussed in the 2021 PBT final 

rules and Unit II.C., 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. TSCA 

section 6(h)(2) makes clear that 

Congress did not intend for EPA to 

conduct a risk evaluation to support 

TSCA section 6(a) rules issued to satisfy 

TSCA section 6(h) requirements, but 

rather intended for EPA to conduct an 

expedited rulemaking process to 

‘‘reduce exposures to the extent 

practicable’’ pursuant to TSCA section 

6(h)(4). EPA also does not interpret 

TSCA section 6(c)(2) to require a 

quantification of benefits. Under TSCA 

section 6(c)(2)(A)(iv), EPA must 

consider and publish a statement on the 

reasonably ascertainable economic 

consequences of the rule, but that 

provision does not require 

quantification, particularly if 

quantification is not possible. 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 final rule, 

as summarized in Unit IV. (Ref. 17). 

2. Costs 

Total quantified annualized social 

costs for this final rule are 

approximately $400 million at a 3 

percent discount rate, and $430 million 

at a 7 percent discount rate. Costs at a 

2 percent discount rate are estimated at 

$390 million (shown in appendix A of 

the accompanying Economic Analysis 

for this final rule). Of the final rule 

costs, those associated with decaBDE 

alone were estimated at $86 at a 3 

percent discount rate and $128 at a 7 

percent discount rate. Costs associated 

with PIP (3:1) alone were estimated at 

$400 million and $430 million (at 3 and 

7 percent discount rates, respectively). 

PPE requirements were estimated at 

$373 million and $410 million (at 3 and 

7 percent discount rates, respectively) 

comprising the majority of the total 

costs. Comparatively, costs for the 2021 

PIP (3:1) final rule were estimated at 

approximately $23.6 million at a 3 

percent discount rate and $22.8 million 

at 7 percent. Costs for this final rule are 

associated with new requirements and 

therefore were not included in estimates 

for the 2021 PIP (3:1) final rule. 

3. Small Entity Impacts 

This final rule is estimated to impact 

approximately 24,865 small businesses, 

all of which pertain to PIP (3:1) and 

none for decaBDE. Of these, 860 small 

businesses are expected to incur cost 

impacts between 1 percent and 3 

percent of their annual revenue. No 

entities are expected to be impacted 

above 3 percent 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. 17), EPA 

relied on available relevant data sources 

for PIP (3:1) and decaBDE, including 

EPA’s Chemical Data Reporting (CDR), 

the U.S. Census Bureau, American 

Community Survey (2022), and others to 

assess the economic implications of this 

final rule. Data, however, are not 

sufficiently comprehensive to estimate 

the extent to which the final rule will 

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 

has determined 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. The 

restrictions placed on decaBDE and PIP 

(3:1) through this final rule will reduce 

the potential exposures and risks 

associated with the manufacture, 

processing, and use of these chemicals. 

At a minimum EPA considers that this 

final rule will not exacerbate any 

baseline EJ concerns and will 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. 18). 

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. 19). 

6. Effects on State, Local, and Tribal 

Governments 

This final rule will not have any 

significant or unique effects on small 

governments, or federalism, or Tribal 

implications. 

II. Background 

A. History of This Rulemaking 

1. The 2021 PBT Final Rules 

a. DecaBDE 

The decaBDE 2021 final rule 

prohibited the manufacture (including 

import) and processing of decaBDE, and 

products and articles to which decaBDE 

has been added effective 60 days after 

publication of the final rule, and 

distribution in commerce of products 

and articles to which decaBDE has been 

added one year after the effective date 

of the rule. Different compliance dates 

or exclusions from the date of 

publication of this prohibition included: 

• 18 months for any manufacture, 

processing and distribution in 

commerce of decaBDE for use in 

curtains in the hospitality industry, and 

the curtains to which decaBDE has been 

added. 

• Two years for any processing and 

distribution in commerce of decaBDE 

for use in wire and cable insulation in 

nuclear power generation facilities, and 

the decaBDE-containing wire and cable 

insulation. 

• Three years for any manufacture, 

processing and distribution in 

commerce of decaBDE for use in parts 

installed in and distributed as part of 

new aerospace vehicles, and the parts to 

which decaBDE has been added for such 

vehicles. After the end of their service 

lives for import, processing, and 

distribution in commerce of aerospace 

vehicles manufactured before January 7, 

2024, that contain decaBDE in any part. 

After the end of their service lives for 

manufacture, processing, and 

distribution in commerce of decaBDE 

for use in replacement parts for 

aerospace vehicles, and the replacement 

parts to which decaBDE has been added 

for such vehicles. 

• After the end of their service lives, 

or 2036, whichever is earlier, for 


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91490 Federal Register / Vol. 89, No. 223 / Tuesday, November 19, 2024 / Rules and Regulations 

manufacture, processing, and 

distribution in commerce of decaBDE 

for use in replacement parts for motor 

vehicles, and the replacement parts to 

which decaBDE has been added for such 

vehicles. 

• After the end of their service lives 

for distribution in commerce of plastic 

shipping pallets manufactured prior to 

March 8, 2021 that contain decaBDE. 

• Exclusion for processing and 

distribution in commerce for recycling 

of decaBDE-containing plastic products 

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

recycled is from products and articles 

that were originally made with 

decaBDE), and for decaBDE-containing 

products or articles made from such 

recycled plastic, where no new decaBDE 

is added during the recycling or 

production process. 

Persons manufacturing, processing, 

and distributing in commerce decaBDE 

or decaBDE-containing products and 

articles were required to maintain, for 

three years from the date the record is 

generated, ordinary business records 

related to compliance with this rule that 

include the name of the purchaser, and 

list the products or articles. Excluded 

from the recordkeeping requirement 

were persons processing and 

distributing in commerce for; recycling 

of plastic that contains decaBDE, those 

products and articles containing 

decaBDE from recycled plastic as long 

as no new decaBDE was added during 

the recycling process, and plastic 

shipping pallets manufactured prior to 

the effective date of the rule. These 

records must include a statement that 

the decaBDE, or the decaBDE-containing 

products and articles, are in compliance 

with 40 CFR 751.405(a) and be made 

available to EPA within 30 calendar 

days upon request. 

b. PIP (3:1) 

The 2021 PIP (3:1) final rule 

prohibited the processing and 

distribution in commerce of PIP (3:1) 

and products containing PIP (3:1) except 

for the following: 

• Processing and distribution in 

commerce for use in hydraulic fluids 

either for the aviation industry or to 

meet military specifications for safety 

and performance where no alternative 

chemical is available that meets U.S. 

Department of Defense specification 

requirements; 

• Processing and distribution in 

commerce for use in lubricants and 

greases; 

• Processing and distribution in 

commerce for use in new and 

replacement parts for the automotive 

and aerospace industry, and the 

distribution in commerce of those parts 

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

• Processing and distribution in 

commerce for use as an intermediate in 

a closed system to produce 

cyanoacrylate adhesives; 

• Processing and distribution in 

commerce for use as an adhesive and 

sealant until January 6, 2025, after 

which such activity is prohibited; 

• Processing and distribution in 

commerce for use in specialized engine 

filters for locomotive and marine 

applications; 

• Processing for recycling and 

distribution in commerce for the 

recycling of PIP (3:1)-containing plastic 

provided no new PIP (3:1) is added 

during the recycling process; 

• Processing and distribution in 

commerce of articles and products made 

from recycled PIP (3:1)-containing 

plastic provided no new PIP (3:1) is 

added during the recycling process or to 

the articles and products made from the 

recycled plastic; and 

• Processing and distribution in 

commerce of PIP (3:1) for use in 

photographic printing articles and PIP 

(3:1)-containing photographic printing 

articles until January 1, 2022. 

This final rule also prohibited releases 

to water for from manufacture, 

processing, distribution in commerce, 

and commercial uses that are permitted 

to occur, as outlined in the preceding 

bullets: 

• Persons manufacturing, processing, 

and distributing in commerce PIP (3:1) 

and products containing PIP (3:1) are 

required to notify their customers of 

these prohibitions on processing and 

distribution, and the prohibition on 

releases to water via Safety Data Sheet 

(SDS) or labeling. 

• Persons manufacturing, processing, 

and distributing in commerce PIP (3:1) 

are required to maintain, for three years 

from the date the record was generated, 

ordinary business records related to 

compliance with the restrictions, 

prohibitions, and other requirements set 

forth in this rule. These records must 

include a statement that the PIP (3:1), or 

the PIP (3:1)-containing products or 

articles, are in compliance with 40 CFR 

751.407(a) and be made available to 

EPA within 30 calendar days upon 

request. 

2. 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. 10). While most 

commenters on the March 2021 

notification and request for comments 

requested a longer-term compliance date 

extension (Ref. 15), 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 longerterm 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. 14). 

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 were 

necessary. 

3. The 2023 Proposed Rule for DecaBDE 

and PIP (3:1) 

On November 24, 2023, EPA proposed 

updates to the 2021 final decaBDE and 

PIP (3:1) rules (Ref. 1). For decaBDE, 

EPA proposed the following: requiring a 

label on plastic shipping pallets known 

to contain decaBDE; requiring PPE use 

for certain activities involving decaBDE; 

prohibiting the release of decaBDE to 

water during manufacturing, processing, 

and distribution in commerce; 

extending the compliance deadline for 

processing and distribution of decaBDEcontaining wire and cable insulation for 

use in nuclear power generation 

facilities; requiring export notification 

for decaBDE-containing wire and cable 

for nuclear power generation facilities, 

and extending the recordkeeping 

requirements from three to five years 


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and removing the 30-day timeframe to 

make records available. 

For PIP (3:1), EPA proposed the 

following: requiring PPE for domestic 

manufacturing and processing of PIP 

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

products and articles; requiring 

engineering controls for processing of 

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

products as an intermediate in a closed 

system to produce cyanoacrylate 

adhesives; requiring new compliance 

deadlines for certain exclusions, 

modifying existing deadlines, and/or 

narrowing existing exclusions for 

processing and distribution of PIP (3:1) 

for certain excluded uses industries; 

adding new exclusions for processing 

and distribution of PIP (3:1) for use in 

wire harnesses, electric circuit boards, 

and sealants and adhesives used on 

circuit boards; providing a new, 5-year 

compliance deadline for use in Federal 

Insecticide, Fungicide, and Rodenticide 

Act (FIFRA)-approved marine 

antifouling coating products; and 

extending the recordkeeping 

requirements from three to five years 

and removing the 30-day timeframe to 

make records available. 

The proposed rule provided a 45-day 

public comment period that closed on 

January 8, 2024 (Ref. 1). EPA received 

a total of 33 public comments in 

response to the proposed rule. Since 

two of the comments were duplicates, 

EPA posted a total of 31 public 

comment submissions to 

regulations.gov; they are available in the 

public docket at EPA–HQ–OPPT–2023– 

0376. These comments further informed 

EPA’s understanding of the current 

status of uses for decaBDE and PIP (3:1). 

EPA is publishing in the docket for this 

action a separate Response to Comments 

(RtC) Document that responds to all 

significant comments we received (Ref. 

20). Furthermore, EPA held a public 

webinar on the proposed rule on 

December 14, 2023, in which it 

presented an overview of the proposed 

changes to the regulations for decaBDE 

and PIP (3:1) and accepted verbal 

comments. EPA received a total of three 

comments from members of the public 

during this webinar (Ref. 21). 

B. Activities Not Regulated by This Rule 

EPA did not propose to revise and is 

not revising the other three PBT final 

rules issued under TSCA section 6(h) 

for 2,4,6-TTBP, HCBD, or PCTP. 

C. 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 final 

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 reads 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 PBT 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 final 

rulemaking does not amend these 

interpretations or EPA’s approach for 

implementing TSCA section 6(h)(4). 

EPA intends that each provision of 

this rulemaking be severable. In the 

event of litigation staying, remanding, or 

invalidating all or a portion of a 

particular risk management approach, 

EPA intends to preserve all other 

portions of the particular risk 

management approach and all other risk 

management approaches in the rule to 

the fullest extent possible. The Agency 

considered the risk management options 

in TSCA section 6(a) and generally each 

of EPA’s particular risk management 

approaches to reduce exposure to 

decaBDE and PIP (3:1) to the extent 

practicable functions independently 

from EPA’s other risk management 

approaches, which may have different 

characteristics leading to EPA’s risk 

management decisions. Further, the 

Agency crafted this rule so that different 

risk management approaches are 

reflected in different provisions or 

elements of the rule that are capable of 

operating independently. Accordingly, 

the Agency has organized the rule so 

that if any provision or element of this 

rule is determined by judicial review or 

operation of law to be invalid, that 

partial invalidation will not render the 

remainder of this rule invalid. 

There are many permutations of this; 

accordingly, rather than walking 

through each one, EPA is providing 

representative examples for illustrative 

purposes. First, to the extent a court 

were to find that EPA lacked substantial 

evidence to support the phase-out of the 

processing of one type of decaBDEcontaining product, or otherwise found 

flaw with such phase-out, it would have 

no bearing on other risk management 

approaches in the rule, including other 

phase-outs, unless the specific flaw also 

applies to these other risk management 

approaches. Second, to the extent that a 

court were to find that the required 

interim workplace protections for the 

processing of certain PIP (3:1)- 

containing products until a ban on 

processing goes into effect lacked 

substantial evidence, or otherwise found 

fault with such protections, it would 

have no bearing on EPA’s decision to 

ban the processing of such PIP (3:1)- 

containing products. The independence 

of these risk management approaches is 

reflected in the structure of the rule, 

which does not intertwine the risk 

management approaches, but rather 

separately defines each such approach. 

3. EPA’s Interpretation of ‘‘to the Extent 

Practicable’’ as Used in TSCA Section 

6(h)(4) 

EPA has previously discussed its 

general interpretation of the term 

‘‘practicable’’ in the five 2021 PBT final 

rules (Refs. 4, 5, 6, 7, and 8), and is not 

changing the interpretation. 

Nevertheless, EPA has provided a more 

fulsome discussion of why its 

interpretation is consistent with the 

statute. First, EPA’s approach is 

consistent with the dictionary 

definitions of the phrase ‘‘to the extent 

practicable’’ and the term ‘‘practicable,’’ 

taking into account their plain meaning 

and the context of this provision in 

section 6 of TSCA. 

The phrase ‘‘reduce exposure . . . to 

the extent practicable’’ and the term 

‘‘practicable’’ within that phrase are not 

defined in TSCA section 6(h). Nor is the 

phrase or term defined in any context in 

which it is used elsewhere in TSCA or 

the legislative history. Dictionary 

definitions of ‘‘practicable’’ include 

technical feasibility as well as 

characteristics relating to 


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reasonableness and capacity. EPA’s 

interpretation takes this plain language 

into account. EPA’s interpretation also 

takes into consideration the statutory 

context for such terminology, including 

the different standard and procedural 

approaches for a TSCA section 6(a) rule 

pursuant to TSCA section 6(h) rules and 

a TSCA section 6(a) rule following a risk 

evaluation pursuant to TSCA section 

6(b)(4). For a more thorough discussion 

and examples of the factors EPA took 

into consideration, see Section 1–2 of 

the Response to Comments document 

for this rule. 

In sum, the best reading of the TSCA 

section 6(h)(4) statutory terms and 

context compels consideration of all 

reasonably available information on 

TSCA sections 6(c)(2) and (d) issues, 

including cost. As a result, while cost 

does factor into whether a regulatory 

option is practicable or the time frame 

for triggering a regulatory option is 

practicable, EPA also considers, for 

example, whether alternatives are 

generally available and what reasonable 

transition time is needed for identifying 

and adopting alternatives, the import of 

the products and articles containing 

decaBDE or PIP (3:1), and other 

regulations or voluntary standards that 

address articles under consideration, 

based on all available information 

before the Agency at the time of the 

decision. In the absence of clear 

direction from Congress, EPA may take 

these concerns into consideration in 

determining what further exposure 

reductions are practicable. 

4. EPA’s Position on Directly Regulating 

Occupational Exposures 

For purposes of determining whether 

worker protection measures are 

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

EPA does not believe it is appropriate to 

assume as a general matter that an 

applicable Occupational, Safety and 

Health Administration (OSHA) 

requirement or industry practice is 

consistently or always properly applied. 

This 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). 

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. Pursuant to 

29 U.S.C. 651 et seq., 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. 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 has considered 

whether it is 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 during 

engagements with industry stakeholders 

after the 2021 PBT final rules, from 

public comments on the March 2021 

notification, and public comment on the 

proposed rule (Refs. 15, 20, and 22). 

This information was used to inform the 

finalized requirements for inhalation 

and dermal PPE to reduce worker 

exposure to decaBDE and PIP (3:1). 

EPA also considered the hierarchy of 

controls adopted by OSHA and the 

National Institute for Occupational 

Safety and Health (NIOSH) (i.e., 

prioritization of exposure control 

strategies from most protective and 

preferred to least protective and 

preferred techniques), but only 

proposed requiring prescriptive controls 

over the hierarchy of controls. In order 

of preference, the 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. 23). 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 

consistent with the OSHA Respiratory 

Protection Standard at 29 CFR 1910.134. 

Under OSHA’s standards, the various 

exposure controls are prioritized 

equally, followed by PPE requirements 

when necessary. 

EPA received several comments on 

the Agency’s worker protection 

requirements. One commenter (EPA– 

HQ–OPPT–2023–0376–0312) argued 

that EPA must require owner/operators 

to follow the hierarchy of controls in 

protecting their workforce. Another 

commenter (EPA–HQ–OPPT–2023– 

0376–0297) argued that EPA should not 

prescribe controls that may not be 

appropriate for the particular 

circumstances of an individual 

workplace. Another commenter (EPA– 

HQ–OPPT–2023–0376–0313) stated that 

in proposing measures to address 

occupational exposures that rely almost 

exclusively on the use of PPE, EPA’s 

proposal is incompatible with the 

‘‘hierarchy of controls’’ for reducing 

occupational exposures to toxic 

chemicals. The commenter contended 

that requiring owners and operators to 

install engineering and administrative 

controls to the extent they are 

practicable would correct this flaw in 

the proposed amendments. Multiple 

commenters requested that EPA allow 

industry to use the hierarchy of controls 

to determine which controls may be 

appropriate and most protective for that 

workplace, rather than prescribing the 

required PPE for each use (EPA–HQ– 

OPPT–2023–0376–0312, EPA–HQ– 

OPPT–2023–0376–0292, EPA–HQ– 

OPPT–2023–0376–0297, EPA–HQ– 

OPPT–2023–0376–0302). A commenter 

also expressed interest in the 

development of workplace chemical 

protection programs using existing 

chemical exposure limits (ECELs) for 

PBTs, similar to those proposed for 

other risk management rules under 

TSCA section 6(a) (EPA–HQ–OPPT– 

2023–0376–0312). While EPA 

recognizes the concerns raised by 

commenters, EPA does not believe it 

can develop an ECEL for these two 

chemicals without a risk evaluation, 

which was neither required nor feasible 

given the statutory timeline for 

promulgation of rules under TSCA 

section 6(h). 

While a workplace chemical 

protection program that sets an ECEL 

and uses the hierarchy of controls 

would provide latitude for companies to 

determine which elements within the 

hierarchy of controls to implement, 

developing an ECEL without a risk 

evaluation is not practicable for these 

chemicals. EPA has decided not to 

finalize a requirement to consider the 

hierarchy of controls in the absence of 

an ECEL. The workplace requirements 

for decaBDE and PIP (3:1) were 

developed based on stakeholder 


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comments, existing industry practices, 

and OSHA-required Safety Data Sheets. 

See the individual sections related to 

workplace protection for decaBDE (Unit 

III.C.2.) and PIP (3:1) (Unit III.D.3.). 

Although many of the uses where 

workplace requirements are being 

finalized include requirements to 

supply PPE, the last method of control 

in the hierarchy of controls, EPA 

disagrees with commenters that the 

hierarchy of controls was not 

considered as a part of this rulemaking 

(EPA–HQ–OPPT–2023–0376–0313, 

EPA–HQ–OPPT–2023–0376–0312). For 

example, the requirement to supply PPE 

is limited to the regulated area, which 

must be established where ‘‘airborne 

concentrations or direct dermal contact 

of a specific chemical substance can 

reasonably be expected.’’ 40 CFR 

751.403. The establishment of the 

regulated area provides flexibility to 

owners/operators to first utilize one or 

a combination of elimination, 

substitution, engineering controls or 

administrative controls to reduce or 

eliminate the necessity to demarcate a 

regulated area by eliminating any areas 

where exposure can ‘‘reasonably be 

expected.’’ If exposure to the chemical 

is no longer reasonably expected due to 

these controls, the owner/operator 

would not be required to establish a 

regulated area and the requirement to 

supply PPE to potentially exposed 

persons under 40 CFR 751.405(e) and 

751.407(f) for decaBDE and PIP (3:1), 

respectively, would not apply. EPA also 

requires the owner/operator to keep 

records of the basis for the regulated 

area, including monitoring data and 

documentation of any controls or 

combination of controls that have 

reduced exposure to where airborne 

concentrations of decaBDE or PIP (3:1) 

can no longer reasonably be expected 

resulting in a smaller or no regulated 

area being established. 

D. 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 new 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 final 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 will be reasonably 

available as a substitute when the final 

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 final action can 

be found in the support documents for 

the 2021 PBT final rules for each 

chemical (e.g., the Exposure and Use 

Assessment (Ref. 19) and the Hazard 

Summary (Ref. 24)). 

The costs and benefits of this final 

rule and the alternatives EPA 

considered, as well as the impacts on 

small businesses, are presented in the 

Economic Analysis document (Ref. 17). 

However, the Agency was not able to 

quantitatively estimate the benefits of 

this final rule and the alternatives, due 

to the absence of a risk evaluation, and 

has instead qualitatively described such 

benefits. 

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 final 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 is confident 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 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 on 

its 2020 Exposure and Use Assessment 

(Ref. 19), 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 final 

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. 

Additionally, in accordance with TSCA 

section 26(k), EPA considered 

reasonably available information, 

including information on occupational 


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controls and PPE usage, when finalizing 

this TSCA section 6 rule. 

E. 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 uses of the 

chemical substances and found that the 

chemical substances had at least one or 

more ‘‘condition of use’’ activity where 

some exposure was likely, but did not 

attempt to precisely classify all 

activities for each chemical substance as 

a ‘‘condition 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. 

TSCA section 6(h)(2) makes clear that 

Congress did not intend for EPA to 

conduct a risk evaluation to support 

TSCA section 6(a) rules issued to satisfy 

TSCA section 6(h) requirements, but 

rather intended for EPA to conduct an 

expedited rulemaking process to 

‘‘reduce exposures to the extent 

practicable’’ pursuant to TSCA section 

6(h)(4). As a result, EPA explained that 

the hazard characterizations are not 

definitive or comprehensive. Other 

hazard 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. 24). The following sections 

summarize the hazard, 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. 

25). DecaBDE is also used as a flame 

retardant for multiple applications for 

aerospace and automotive vehicles, 

including replacement parts for aircraft 

and cars (Refs. 26 and 27). Exposure 

information for decaBDE is detailed in 

EPA’s Exposure and Use Assessment 

and the 2021 decaBDE final rule (Refs. 

4 and 19). 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; industrial, commercial, 

and consumer use; 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 have releases associated with 

use, disposal, and recycling activities 

(Ref. 19). 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. 17). 

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 dust via indoor air. 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. 19). 

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 provides 

more information on these hazard 

endpoints (Refs. 4 and 24). 

For the 2020 CDR submission period, 

calendar years 2016–2019, data indicate 

that three companies manufactured 

(including imported) decaBDE in the 

United States (Refs. 17 and 28). The 

2020 CDR data indicate a production 

volume of less than 1 million pounds 

annually from 2016 through 2019, 

however, EPA notes that domestic 

production has ceased, and the 

identified importers have likely since 

stopped using decaBDE (Ref. 28). 

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. 19). 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. 19). 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, and disposal). PIP 

(3:1) is manufactured, processed, 

distributed, used, and disposed of 

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. 28). 

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. 17 and 28). 

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, 


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ovaries, and heart in mammals. The 

studies presented in the Hazard 

Summary, titled ‘‘Environmental and 

Human Health Hazards of Five 

Persistent, Bioaccumulative and Toxic 

Chemicals,’’ describe these hazardous 

endpoints (Ref. 29). 

III. Final Regulatory and Alternative 

Regulatory Actions 

A. Regulatory Approach 

In this action, EPA is finalizing 

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, 

including those associated with 

exclusions. As described throughout 

this Unit, EPA has considered the 

practicability of the final requirements, 

including how potential requirements 

and compliance time frames associated 

with these requirements could impact 

supply chains, including those 

prioritized in Executive Order 14017 

America’s Supply Chains. 

B. Activities EPA Did Not Reevaluate for 

This Rulemaking 

1. Disposal 

As EPA explained in the 2023 

proposed rule, EPA did not propose to 

change its 2021 decision not to use its 

TSCA section 6(a) authorities to 

establish a TSCA regulatory program for 

disposal of decaBDE or PIP (3:1). EPA 

did not propose such a program and is 

not finalizing the suggestions made by 

commenters at this time. EPA remains 

concerned that developing a new 

comprehensive regulation for disposal 

of decaBDE and PIP (3:1) under TSCA 

section 6(h)(4), in addition to the 

existing requirements under RCRA (e.g., 

those for non-hazardous solid waste, 

industrial waste), is not practicable. As 

explained in the 2021 rulemaking, 

imposing a requirement under TSCA 

section 6(a) to treat waste containing the 

PBT chemicals that are not hazardous 

under Resource Conservation and 

Recovery Act (RCRA) as if they were 

hazardous waste would have impacts on 

hazardous waste disposal capacity and 

be very expensive for States and local 

governments as well as for affected 

industries. For more discussion on this 

issue, see the 2021 final rules (Refs. 4 

and 5). 

2. Commercial Use of Products and 

Articles 

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 widely available for a chemical, 

and is expected to 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). 

3. Recycling 

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. 

30). 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 that contain 

decaBDE for the extent of the pallets’ 

service life because EPA has determined 

it is practicable to regulate when 

expensive testing is not necessary to 

determine the chemical’s presence in 

the article. 

C. DecaBDE—Revisions to 40 CFR 

751.405 

1. Require Signage in Regulated Areas 

EPA proposed to require a label on 

existing plastic shipping pallets that 

contain decaBDE. EPA received several 

comments regarding the proposed 

labeling requirement for decaBDEcontaining plastic shipping pallets 

(EPA–HQ–OPPT–2023–0376–0304, 

EPA–HQ–OPPT–2023–0376–0292, 

EPA–HQ–OPPT–2023–0376–0311, 

EPA–HQ–OPPT–2023–0376–0313). 

Specifically, some commenters agreed 

with the proposed labeling requirement 

but urged EPA to expand the labeling 

requirement to all articles containing 

decaBDE (EPA–HQ–OPPT–2023–0376– 

0313). Other commenters expressed 

concern with the labeling requirement 

and stated the labels should not apply 

to any recyclers (EPA–HQ–OPPT–2023– 

0376–0311). Commenters also discussed 

implementation concerns regarding the 

label and the need for testing of pallets 

to determine if decaBDE is present 

(EPA–HQ–OPPT–2023–0376–0313, 

EPA–HQ–OPPT–2023–0376–0304). 

In response to a comment received 

during the March 2021 request for 

comment, EPA held a government-togovernment Tribal consultation in 

November 2022, in which EPA received 

comments requesting the Agency 

require labeling of plastics that contain 

decaBDE (Refs. 16 and 31), EPA 

proposed to require a label on existing 

plastic shipping pallets that contain 

decaBDE. At the time of the proposal, 

EPA determined it was practicable to 

label existing plastic shipping pallets 

containing decaBDE because all plastic 

shipping pallets that contain decaBDE 

are owned by a single company, and it 

was EPA’s understanding that the 

company tracked, as part of normal 

business operations, each decaBDEcontaining plastic shipping pallet. No 


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new decaBDE has been added to the 

company’s plastic shipping pallets since 

2012 (Ref. 27). 

EPA held an additional stakeholder 

meeting with the company that recycles 

plastic pallets that contain decaBDE 

during the public comment period in 

December 2023 and received additional 

public comments (Refs. 27 and EPA– 

HQ–OPPT–2023–0376–0314). Based on 

this stakeholder meeting and these 

public comments, EPA determined that 

its understanding of the company 

business model was incorrect as 

described in the proposal. Although an 

initial bar code is attached to the pallet 

after it is molded, these labels are 

quickly damaged once introduced into 

commerce and are not replaced. 

The purpose of EPA’s proposed label 

requirement was to provide notice that 

PPE is required during the recycling of 

plastic shipping pallets contain 

decaBDE. The proposed label would 

only be seen, if at all, during the initial 

step of recycling and the disassembly of 

the pallet. Since exposure to decaBDE in 

plastic shipping pallets that are in use 

and moving throughout commerce is not 

expected (Ref. 19), and public 

comments indicated that the labels 

would likely not be present at the time 

of recycling, EPA has determined that 

labeling of decaBDE-containing plastic 

shipping pallets is not practicable and is 

not finalizing the labeling requirement 

for plastic shipping pallets that contain 

decaBDE. 

To reduce potential exposures to 

decaBDE during the recycling of plastic 

shipping pallets that contain decaBDE, 

EPA is finalizing a signage requirement 

in the regulated area, defined at 40 CFR 

751.403 as ‘‘an area established by the 

regulated entity to demarcate areas 

where airborne concentrations of a 

specific chemical substance can 

reasonably be expected.’’ This definition 

is intended to include those areas where 

plastic pallets are recycled. This sign 

will provide notice to workers that PPE 

is required to be worn during recycling 

of plastic shipping pallets manufactured 

before March 8, 2021, which will reduce 

potential exposures to decaBDE (see 

Unit III.C.2. for more information on 

specific PPE requirements). A sign must 

be posted at every entry point into the 

regulated area that clearly, prominently, 

in multiple languages as appropriate, 

and in an easily readable font size, 

contains the following text: 

‘‘Decabromodiphenyl (decaBDE) 

(CASRN 1163–19–5), a chemical that 

has been identified as a persistent, 

bioaccumulative, and toxic (PBT) 

chemical by the U.S. Environmental 

Protection Agency, may be present in 

this regulated area. All persons in this 

regulated area who recycle plastic 

shipping pallets that contain decaBDE 

are required to wear personal protective 

equipment, including respiratory 

protection that is at least as protective 

as a NIOSH-approved N95 respirator 

with an assigned protection factor (APF) 

of 10 and dermal protection of gloves 

that are chemically resistant to 

decaBDE, per regulations at 40 CFR 

751.405(e).’’ EPA is not requiring testing 

to determine if decaBDE is present in 

the plastic shipping pallets. 

2. Require Worker Protections for 

Certain Activities Involving DecaBDE 

EPA proposed to require inhalation 

and dermal PPE during certain ongoing 

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

(b). To ensure exposures to workers are 

reduced to the extent practicable during 

domestic manufacturing and processing 

of decaBDE and decaBDE-containing 

products and articles, EPA is finalizing 

at 40 CFR 751.405(e), worker protection 

requirements to address potential 

respiratory and dermal exposure to 

workers during ongoing activities 

involving decaBDE, specifically certain 

activities where the prohibitions phaseins have not passed (i.e., manufacture 

and processing of decaBDE for use in 

replacement parts and the manufacture 

of such parts, as specified in 40 CFR 

751.405(a)(2)(iii) and (iv), and the 

processing through recycling of plastic 

pallets, as specified in and 40 CFR 

751.405(b)). In addition, EPA made 

minor modifications to new 40 CFR 

751.405(e)(6) to ensure it is clear what 

is being excluded and what is not (i.e., 

the processing of decaBDE for recycling 

is not included) and 40 CFR 751.405(b) 

clarifying that processing of decaBDE 

for recycling was not excluded. 

EPA is requiring owner or operators to 

select and provide respiratory 

protection that is at least as protective 

as a NIOSH-approved N95 respirator 

with an assigned protection factor (APF) 

of 10 and gloves that are chemically 

resistant to decaBDE. EPA has 

determined, based on comments, that it 

is practicable to require worker 

protection, including PPE, for the 

processing of existing plastic shipping 

pallets because it is already industry 

practice (Ref. 27). Although it is EPA’s 

understanding that domestic 

manufacturing and processing of 

decaBDE for use in new and 

replacement parts for motor and 

aerospace vehicles has ceased, EPA is 

requiring PPE for these uses. This 

approach ensures that any ongoing 

activity involving decaBDE, past, 

present or future, is addressed by this 

regulatory approach taken, and thus the 

regulations adopted in this rule reduce 

the exposures that will result with 

resumption of past activities or the 

initiation of similar or other activities in 

the future. For all other processing for 

recycling activities of decaBDEcontaining plastic from products or 

articles and decaBDE-containing 

products or articles made from such 

recycled plastic, EPA maintains that it 

would be impracticable to establish a 

testing program to determine if decaBDE 

is present. Due to the difficulty in 

identifying whether and where decaBDE 

is present in an article, EPA is not 

requiring worker protections for all 

other processing for recycling activities. 

EPA is not requiring worker 

protections for all ongoing processing of 

articles (e.g., processing of decaBDEcontaining wire and cable for use in 

nuclear power generation facilities), 

because EPA has determined worker 

protections are not practicable. This is 

because the Agency understands that 

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. 19). EPA is also not 

requiring worker protections for 

distribution in commerce of decaBDE or 

decaBDE-containing products or 

articles, since the distribution in 

commerce of decaBDE and decaBDEcontaining products or articles would 

result in minimal potential for exposure. 

Lastly, because EPA generally 

understands the potential for exposure 

is low during importation, the Agency is 

not requiring worker protections for 

import of decaBDE and decaBDEcontaining products and articles that 

were excluded under the 2021 final 

decaBDE rule. Addressing such minimal 

potential for exposure through worker 

protections would not be practicable 

considering the additional costs and 

resource burdens (Ref. 19). 

For the activities subject to the worker 

protection requirements and to reduce 

potential occupational exposure during 

the recycling process of plastic shipping 

pallets that contain decaBDE, EPA is 

finalizing the requirement for, at a 

minimum, a NIOSH-approved N95 

respirator with an APF 10 and gloves 

that are chemically resistant to decaBDE 

with activity-specific training where 

dermal contact with decaBDE is 

reasonably expected. 

Where PPE is required, EPA is 

finalizing its proposal 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 requiring that owners 


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and operators maintain PPE in a 

sanitary, reliable, and undamaged 

condition and ensure that each 

potentially exposed person who is 

required to wear PPE uses such PPE. 

Under this final rule, owners and 

operators will 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, 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. 32 and 33). Where 

dermal PPE is required, EPA is 

finalizing a requirement that owners 

and operators provide gloves that are 

chemically resistant to decaBDE with 

activity-specific training where dermal 

contact with decaBDE is possible (Ref. 

34). Owners and operators are also 

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 potentially exposed 

person. 

EPA uses the term ‘‘potentially 

exposed person’’ in this unit, elsewhere 

in the preamble, and in the regulatory 

text to mean any person who may be 

exposed to a chemical substance or 

mixture regulated under 40 CFR part 

751 subpart E as a result of the use of 

that chemical or mixture. ‘‘Any person’’ 

includes workers, occupational nonusers, employees, independent 

contractors, employers, and all other 

persons in the work area. One important 

reason to define a potentially exposed 

person as any person who may be 

exposed in the workplace is to 

emphasize the broad scope of 

exposures. EPA notes that this 

definition is intended to apply only in 

the context of risk management (e.g., 

workers directly using the chemical, 

workers in the vicinity of the use, 

students in a laboratory setting). The 

term is not intended as a replacement 

for the term Potentially Exposed or 

Susceptible Subpopulation as defined 

by TSCA section 3(12). 

EPA is requiring that each owner or 

operator comply with OSHA’s 

respiratory protection training 

requirements at 29 CFR 1910.134(k) and 

general PPE training requirements at 29 

CFR 1910.132(f) when using respirators 

and gloves. Owners and operators must 

provide PPE training to all persons 

required to use dermal protection or 

respiratory protection prior to or at the 

time of initial assignment to a job 

involving exposure to decaBDE. 

EPA is also requiring the 

implementation of a respiratory 

protection program in alignment with 

29 CFR 1910.134(b), (c)(1), (c)(3) and (4), 

(d)(1)(iv), (f), and (g) 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. Owners or 

operators who are required to 

administer a respiratory protection 

program must ensure a respirator is 

utilized in accordance with 29 CFR 

1910.134(d)(1). 

EPA is finalizing its proposal to 

require that owners and operators 

document respiratory protection used 

and PPE program implementation and 

retain those records for five years from 

the date the record is generated. EPA is 

also finalizing its requirement that 

owners and operators must document 

and keep records of the information on 

the PPE program, as applicable, and 

make it available to the Agency upon 

request. In addition, and in response to 

comments, owners and operators must 

also keep records related to the basis for 

the regulated area as defined in 40 CFR 

751.403, as well as provide potentially 

exposed persons and their designated 

representative(s) an opportunity to 

observe records related to the basis of 

the PPE or another control measure 

selection, including potential 

monitoring results that are 

representative of the potentially 

exposed person’s exposure. 

3. Prohibit the Release to Water During 

the Manufacturing, Processing, and 

Distributing of DecaBDE and DecaBDEContaining Products 

EPA proposed to prohibit the releases 

to water during the manufacturing, 

processing, and distribution in 

commerce of decaBDE and decaBDEcontaining products and proposed to 

require all persons to follow any 

regulations that may apply and best 

management practices for preventing 

the release of decaBDE to water. EPA 

received a comment in support of the 

prohibition on certain releases to water 

during the manufacturing, processing, 

and distribution in commerce of 

decaBDE and decaBDE-containing 

products (EPA–HQ–OPPT–2023–0376– 

0286). 

EPA also received comments 

requesting EPA expand the provision to 

regulate wastewater treatment plants, 

landfills, and land-applied sewage 

sludge for both decaBDE and PIP (3:1) 

(EPA–HQ–OPPT–2023–0376–0303, 

EPA–HQ–OPPT–2023–0376–0313). 

More discussion of the commenters’ 

request can be found in the RtC 

Document (Ref. 20). After one 

commenter expressed concern regarding 

the lack of specificity around the ‘‘best 

management practices’’ clause and 

receiving no additional information 

during the public comment period on 

how a prohibition on releases to water 

could best be achieved through best 

management practices, EPA is not 

finalizing the ‘‘best management 

practices’’ clause (EPA–HQ–OPPT– 

2023–0376–0297). EPA is finalizing the 

prohibition on the releases to water 

during the manufacturing, processing, 

and distribution in commerce of 

decaBDE and decaBDE-containing 

products, and such persons are required 

to follow applicable regulations that 

may apply for preventing the release of 

decaBDE to water. Applicable 

regulations related to this final 

prohibition on releases to water may 

include restrictions on discharges under 

the Federal Water Pollution Control Act 

(commonly known as the Clean Water 

Act), Safe Drinking Water Act (SDWA), 

or analogous State laws. However, EPA 

is not amending the 2021 PIP (3:1) final 

rule restrictions on release to water, 

which retains the requirement to follow 

‘‘best management practices.’’ 

The prohibition on the release to 

water during the manufacturing, 

processing, and distribution in 

commerce of decaBDE and decaBDEcontaining products prevents direct 

releases of decaBDE to water. Thus, only 

those facilities that are manufacturing, 

processing, and/or distributing in 

commerce decaBDE and decaBDEcontaining products, including 

wastewater treatment plants that engage 

in those activities, are subject to the 

prohibition on releases to water. This 

final rule does not impose restrictions 

on sources discharging indirectly to 

publicly owned treatment works 

(POTWs). EPA is also not imposing 

specific requirements for wastewater 

treatment plants, unless those facilities 

are manufacturing, processing, and/or 

distributing decaBDE or decaBDEcontaining products. EPA determined 

that it is not practicable to require all 

wastewater treatment plants to test and 

potentially treat for decaBDE. However, 

prohibiting the release from the 

manufacturing, processing, and 

distribution in commerce of decaBDE 

and decaBDE-containing products will 

result in an overall reduction in releases 

of decaBDE to water generally, 

including, any potential release to water 

that could happen from being present at 

downstream wastewater treatment 

plants. See the RtC Document for more 

discussion on regulating PBT disposal 

(Ref. 20). 

After reconsidering the practicability 

of prohibiting releases to water due to 

the public comments, and the potential 

for releases to water, even though there 


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are no reported releases, EPA is 

finalizing the prohibition on the release 

to water to prevent any potential future 

releases of decaBDE and to protect 

exposed populations (e.g., subsistence 

fishers) (Ref. 19). Prohibiting releases to 

water highlights the importance of 

preventing environmental releases of 

decaBDE and PIP (3:1) and reducing 

potential exposures. As mentioned in 

the Exposure and Use Assessment, 

Toxics Release Inventory (TRI) data 

show a decrease in releases that are 

reported in each industry sector using 

decaBDE (Ref. 19). 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. 19). Specifically, the one 

manufacturer that released decaBDE 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. 35). 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 understands this 

is unlikely. Prohibiting releases to water 

during manufacture, processing, and 

distribution in commerce of decaBDE 

and decaBDE-containing products will 

prevent future releases of decaBDE to 

the water from permissible ongoing 

activities, reducing the overall potential 

for exposure. 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 certain 

releases of decaBDE to water. 

EPA is not extending this requirement 

to include a prohibition on the release 

to water for the processing and 

distribution in commerce of decaBDEcontaining articles, including recycled 

materials that may contain decaBDE. As 

described in more detail in the 2021 

decaBDE final rule and the supporting 

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 final release to 

water prohibition (Ref. 36). 

4. Extend the Compliance Deadline for 

Processing and Distribution in 

Commerce of DecaBDE-Containing Wire 

and Cable Insulation for Use in Nuclear 

Power Generation Facilities 

EPA proposed 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 

test and research reactors), until after 

the end of the service life of the wire 

and cable. EPA received several 

comments in support of the extended 

compliance date for processing and 

distribution in commerce of decaBDEcontaining wire and cable insulation for 

use in nuclear power generation 

facilities (EPA–HQ–OPPT–2023–0376– 

0299, EPA–HQ–OPPT–2023–0376– 

0300). One commenter stated that an 

alternative is available and disagrees 

with EPA’s proposal to extend the 

compliance deadline (EPA–HQ–OPPT– 

2023–0376–0294). However, based on 

discussions with the Nuclear Regulatory 

Commission (NRC), EPA disagrees with 

the commenter that alternative, 

decaBDE-free, fully qualified wire and 

cables are available that meet the NRC’s 

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. Another commenter stated 

that the proposed extension for 

processing and distribution in 

commerce of decaBDE-containing wire 

and cable insulation for use in nuclear 

power generation facilities is vital, as 

these cables and components are 

necessary for the safety systems that 

prevent release of radioactive materials 

into the environment (EPA–HQ–OPPT– 

2023–0376–0299). Additional details 

can be found in the RtC Document (Ref. 

20). EPA is finalizing the proposed 

compliance date extension for 

processing and distribution in 

commerce of decaBDE-containing wire 

and cable insulation for use in nuclear 

power generation facilities. 

As mentioned in the proposal, 

decaBDE has been used in Class 1E 

cables, which are qualified to meet 

industry standards and NRC 

requirements in 10 CFR 50.49, 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 

was 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 U.S. 

Department of Energy (DOE). EPA has 

added text in 40 CFR 751.405(a)(2)(ii) to 

include one example of the types of 

facilities covered by nuclear power 

generation facilities. In addition, EPA is 

clarifying that 40 CFR 751.405(a)(2)(ii) 

and (vi) are not limited to a specific 

level of power generation and that EPA 

interprets the provision to include 

‘‘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 component’’ as defined in 10 

CFR 50.2 that include decaBDEcontaining wire and cable. 

After the January 6, 2023, extended 

compliance deadline in the 2021 

decaBDE final rule, EPA received 

multiple requests and letters of concern 

regarding the availability of decaBDEcontaining wire and cable insulation 

used in the nuclear power sector (Refs. 

37 and 38). 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 


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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 this 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 certain 

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 that 

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. 39). 

After considering feedback from the 

industry and Federal partners, including 

DOE and NRC, EPA is finalizing its 

proposal 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 (e.g., production facilities, test 

and research reactors), until after the 

end of the service life of the wire and 

cable, and the components 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, once formulated into the 

wire and cable, decaBDE is encased in 

the cured coating and the potential for 

worker exposure is minimal (Ref. 19). 

Therefore, EPA concluded that allowing 

the 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 test and research 

reactors) to continue is necessary and 

practicable. 

EPA is not allowing 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 user of raw 

or compounded decaBDE 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 undergoes 

transition to a decaBDE-free alternative 

(Ref. 40). 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 

EPA proposed to amend the current 

rule to require a TSCA section 12(b) 

export notice for the export of decaBDEcontaining wire and cable for nuclear 

power generation facilities. EPA 

received one comment of support and 

one comment of opposition related to 

the proposed export notification for 

decaBDE-containing wire and cable for 

nuclear power generation facilities 

(EPA–HQ–OPPT–2023–0376–0286, 

EPA–HQ–OPPT–2023–0376–0286). The 

commenter stated that the export 

notification is precedent-setting and 

should be a standalone proposal. EPA 

disagrees with this commenter and is 

finalizing the export notification 

requirement for decaBDE-containing 

wire and cable for nuclear power 

generation facilities. 

As mentioned in the proposal to this 

final rule, and 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. 41). There is no specific 

exemption under the POPs Convention 

for decaBDE-containing wire and cable 

for nuclear power generation facilities, 

and thus, EPA did not expect import or 

export for this use to occur. However, 

since EPA has learned that there is a 

need for export of decaBDE-containing 

articles for this purpose (Ref. 40), EPA 

is finalizing this provision. Although 

articles are generally exempt under 40 

CFR 707.60(b) from the requirement to 

provide notices of export under TSCA 

section 12(b), EPA is finalizing its 

proposal to amend the 2021 decaBDE 

final rule to require a TSCA section 

12(b) export notice for the export of 

decaBDE-containing wire and cable for 

nuclear power generation facilities. 

Such notice requirement was triggered 

30 days after publication of the 

proposed rule, pursuant to TSCA 

section 12(b) and 40 CFR 707.60(a)(3) 

and 707.65(a)(1)(i) and (b). The 

notification to EPA of such intent to 

export will 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 40 CFR 

751.7(a), the provisions of subpart D of 

40 CFR 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. 

6. Recordkeeping Requirements 

EPA proposed to increase the 

recordkeeping requirement from three to 

five years and to remove the 30-day time 

frame to make records available for 

decaBDE. EPA received support for the 

proposed extended recordkeeping 

requirements (EPA–HQ–OPPT–2023– 

0376–0313, EPA–HQ–OPPT–2023– 

0376–0313). One commenter suggested 

EPA extend the recordkeeping 

requirements to a much longer period of 

time, suggesting 20–30 years as an 

appropriate time frame (EPA–HQ– 

OPPT–2023–0376–0312). As discussed 

in the proposed rule and in more detail 

in the RtC Document, the proposed 

record retention time frame of five years 

is consistent with those associated with 

other TSCA section 6(a) rulemakings, 

and because it aligns with the statute of 

limitations for civil penalty enforcement 

(28 U.S.C. 2462). Also, the proposal to 

modify the time frame for making 

records available from a 30-day time 

frame to upon request is critical to the 

Agency’s ability to promptly identify 

and correct noncompliance (Refs. 1 and 

20). 

EPA is finalizing its proposal to 

increase the recordkeeping requirement 

from three to five years and is removing 

the 30-day time frame to make records 

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

requirements being finalized in this 

rulemaking, specifically those 

pertaining to worker safety, EPA 

considers that the five-year time frame 


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regarding recordkeeping and removal of 

the 30-day time frame to make records 

available upon request is more 

appropriate. Furthermore, this is 

consistent with the time frame 

associated with other TSCA section 6(a) 

rulemakings that include worker 

protection requirements. EPA is 

confident that 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 upon request is critical to the 

Agency’s ability to promptly identify 

and correct noncompliance. EPA 

presumes that the regulated entities 

should have the records demonstrating 

compliance readily available. 

As it relates to recordkeeping for 

worker protections, EPA is finalizing its 

proposal to require that owners/ 

operators document respiratory 

protection used and PPE program 

implementation and retain those records 

for five years. One commenter (EPA– 

HQ–OPPT–2023–0312) stated that this 

information should be available to 

workers throughout the period of 

potential consequences of an exposure. 

EPA has modified the workplace 

protection records requirements for both 

PIP (3:1) and decaBDE to require that 

the owner or operator provide 

potentially exposed persons and their 

designated representatives an 

opportunity to observe records related 

to the basis of the PPE or other control 

measure selection, including potential 

monitoring results that are 

representative of the potentially 

exposed person’s exposure. 

D. PIP (3:1)—Revisions to 40 CFR 

751.407 

1. Exclusions and Phase-In Prohibitions 

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. 13 and 36). 

For many of the exclusions, EPA 

determined that 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 periods following the March 

6, 2021, notification, and in comments 

on the proposed rule for this 

rulemaking, 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 has 

determined the modifications are 

practicable and is therefore finalizing 

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 finalize 

extending the compliance deadline. 

EPA is modifying several exclusions 

from prohibitions that were finalized in 

the January 6, 2021, PIP (3:1) final rule 

(Ref. 5). These final modifications 

include narrowing the scope of certain 

exclusions, adding prohibition phase-in 

dates, and/or in some cases creating 

new exclusions from a prohibition for 

certain uses. In conjunction with 

narrowing the scope of certain 

exclusions, EPA is also finalizing 

prohibitions, as proposed, through 

phase-outs in 40 CFR 751.407(a)(2) on 

the manufacture (including import), 

processing, and distribution in 

commerce of the PIP (3:1)-containing 

products and articles for the uses that 

were covered by an exclusion. This 

restriction will ensure the phase-out of 

domestic production and imports of PIP 

(3:1)-containing products and articles. 

EPA is not generally prohibiting the 

manufacturing of PIP (3:1), consistent 

with the 2021 PIP (3:1) rulemaking, due 

to the number of excluded activities that 

EPA has found it impracticable to 

prohibit. 

a. Lubricants and Greases 

EPA is finalizing as proposed the 

narrowed exclusion from prohibition in 

40 CFR 751.407(b)(1)(ii) for only certain 

lubricants and greases. Specifically, the 

final exclusion only covers processing 

and distribution in commerce of PIP 

(3:1) for use in lubricants and greases for 

aerospace use and turbine engines, PIP 

(3:1)-containing products for use in 

lubricants and greases for aerospace use 

and turbine engines, and PIP (3:1)- 

containing lubricants and greases for 

use in aerospace and turbine 

applications. EPA is also finalizing a 

prohibition phase-in for non-aerospace 

and non-turbine applications, but based 

on comments received, EPA is 

amending the proposed phase-in 

prohibition time frame from 5 years to 

15 years. 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, 

excluding aerospace and turbine uses, 

likewise will be subject to a 15-year 

phased-in prohibition. 

EPA proposed the 5-year compliance 

time frame because at least one 

stakeholder requested a 5-year transition 

period to move away from PIP (3:1) for 

their applications (Ref. 42). However, 

several commenters opposed EPA’s 

proposal. Four commenters requested 

EPA reconsider the full exclusion in the 

2021 final rule. One commenter (EPA– 

HQ–OPPT–2023–0376–0307) noted the 

regulatory uncertainty associated with 

some possible alternatives to PIP (3:1) 

being on the TSCA 2014 work plan and 

potentially subject to regulation. 

Another commenter (EPA–HQ–OPPT– 

2023–0376–0284) stated the belief that 

for many applications, it is not possible 

to estimate how long it will take to 

develop an alternative that meets 

required performance specifications and 

can be stably supplied. Another 

commenter stated their belief that they 

do not think an alternative could be 

found in 30 years. These commenters 

recommended a 30-year phase-in 

prohibition, only if it included a means 

to seek a case-by-case exemption. 

Another commenter (EPA–HQ–OPPT– 

2023–0376–0295) argued that that the 

exclusion was needed in order to 

maintain access to PIP (3:1)-containing 

lubricants and greases in case 

manufacturers reformulate their 

products so that they no longer contain 

PIP (3:1) and they discontinue selling 

these products. 

In the 2019 PBT proposed rule, EPA 

acknowledged, and continues to 

acknowledge in this final rule, that PIP 

(3:1) is a crucial anti-wear component 

for lubricants and greases that are used 

in electronics and other applications 

beyond aerospace, and EPA stated its 

understanding, based on available 

information, that such applications are 

not subject to the same extreme 

performance conditions. Commenters 

did not provide information to support 

claims that technically feasible 

alternatives could not be identified. 

While EPA did not identify specific 

alternatives for specific applications, 

believing that companies are best able to 

do so, EPA identified potential 

alternatives in the Economic Analysis 

for the 2021 PIP (3:1) final rule. For 

these reasons, EPA is not re-instituting 

the full exclusion in the 2021 final rule. 

EPA is also not adopting a mechanism 

for informal extensions in the final rule. 

There is no provision under TSCA for 

the informal extension of compliance 

dates. Future amendments to the 

phaseouts in this rule would require 


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additional rulemaking. EPA emphasizes 

that, as part of the 2021 rulemaking and 

this rulemaking processes, EPA has met 

with stakeholders and encouraged 

stakeholders to inform EPA of any 

ongoing activity with decaBDE and PIP 

(3:1) and products or articles containing 

decaBDE or PIP (3:1), and the 

prohibitions or phase-out approaches in 

the final rule take the information 

gathered into consideration. Thus, EPA 

does not expect the need for some kind 

of established process for obtaining an 

informal extension. 

Several commenters proposed 

alternative prohibition phase-in periods 

for non-aerospace and non-turbine 

lubricant and greases. Two commenters 

(EPA–HQ–OPPT–2023–0376–0287, 

EPA–HQ–OPPT–2023–0376–0289) 

recommended EPA finalize the same 

timelines for lubricants and greases as 

parts for motor vehicles (15 years for 

parts for new motor vehicles and 30 

years for replacement parts). This is 

because alternatives for motor vehicles 

is challenging due to the specific 

requirements, such as high 

temperatures, pressures, and durability, 

as well as safety. EPA notes that the 

final regulations continue the exclusion 

for the processing and distribution of 

PIP (3:1)-containing lubricants and 

greases for aerospace use and turbine 

engines, but otherwise requires the 

phase-out of all other PIP (3:1)- 

containing lubricants and greases after 

15-years unless there is another 

provision authorizing the processing 

and distribution of PIP (3:1) for use in 

articles, for example for replacement 

parts for motor vehicles (40 CFR 

751.407(a)(2)(v) and (vi)). See Unit 

III.D.1.b. for a further discussion on PIP 

(3:1) use in motor vehicles and Unit 

III.D.2. for precedence of phase-in 

prohibitions. 

Two commenters (EPA–HQ–OPPT– 

2023–0376–0295, EPA–HQ–OPPT– 

2023–0376–0302) asked the Agency to 

confirm in the preamble to the final 

revised rule that the phrase ‘‘turbine 

applications’’ as used in the proposed 

regulation refers to the use of PIP (3:1) 

formulations in gas turbine engines 

(whether for aviation or in nonaviation 

aeroderivative gas turbine engines 

AGTs), and not other kinds of turbines. 

In the proposal, EPA asked for comment 

on the scope of the exclusion for 

turbines. Because EPA understands that 

PIP (3:1)-containing lubricants and 

grease may have applications in other 

categories of turbines, EPA is not further 

narrowing the scope of the exclusion to 

only gas turbine engines. 

b. New and Replacement Parts for Motor 

Vehicles 

EPA proposed to repeal the 2021 

exclusion from prohibition in existing 

40 CFR 751.407(b)(1)(iii) for new and 

replacement parts for motor and 

aerospace vehicles and to establish 

phase-in prohibitions related to motor 

vehicle and aerospace uses. The 

proposed 15-year phase in 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 was based on 

industry’s own description of their 

experience with transitioning from a 

different chemical, albeit under 

different circumstances, and the time 

frames provided. The aspects of this 

exclusion that relate to aerospace 

vehicles and wire harnessing and 

electric circuit boards are addressed in 

Unit III.D.1.c. and Unit III.D.1.d., 

respectively. Multiple industry trade 

organizations (EPA–HQ–OPPT–2023– 

0376–0285, EPA–HQ–OPPT–2023– 

0376–0289, EPA–HQ–OPPT–2023– 

0376–0308) expressed support for the 

proposed 15-year phased-in prohibition 

for new parts and 30-year phase-in for 

replacement parts for motor vehicles. At 

least one commenter (EPA–HQ–OPPT– 

2023–0376–0290) noted that the 

proposed compliance dates for motor 

vehicles, now being finalized in this 

action, appear to be feasible and noted 

that a shorter compliance period for 

new motor vehicles would not be 

feasible, as motor vehicle supply chains 

are complex, often rely on foreign 

suppliers, and are likely to take 15 years 

to phase out the use of PIP (3:1) 

completely. 

EPA is finalizing its replacement of 

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 with: (1) a 15-year phase-in 

prohibition of 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 for 

new motor vehicles (i.e., newly 

produced vehicles), and manufacturing 

and processing of PIP (3:1)-containing 

parts for such new vehicles; and (2) a 

30-year phase-in prohibition on 

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, 

and manufacturing and processing of 

PIP (3:1)-containing replacement parts 

for such vehicles. This final prohibition 

does not apply to PIP (3:1)-containing 

parts that are subject to a new exclusion 

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

Several commenters requested that EPA 

clarify this in the regulatory text and 

EPA is doing so in this final rule. 

In addition, EPA is amending 40 CFR 

751.407(a)(2)(v) to correct an error in the 

proposed regulatory text. Proposed 40 

CFR 751.407(a)(2)(v) read ‘‘. . . 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.’’ [emphasis added] EPA did not 

intend to prohibit the distribution in 

commerce of motor vehicles that may 

occur in the secondary market, for 

example by used car dealers. See Unit 

III.D.5. for discussion addressing this 

issue for PIP (3:1)-containing cars and 

aerospace vehicles. Rather, EPA 

intended to prohibit new motor vehicles 

from being manufactured with PIP (3:1)- 

containing parts, unless those parts 

were subject to another exclusion or 

alternative phase-in prohibition. While 

EPA received no comments on this 

specific provision, other comments are 

directly related. In particular, several 

commenters asked EPA to clarify that 

articles manufactured prior to the 

prohibition phase-in can continue to be 

imported, moved, distributed, and 

processed. These comments are 

addressed in Unit III.D.1.b. and Unit 

III.D.5. in regard to equipment and other 

articles. 

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 time frame 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 determined a 15-year 

phase-in prohibition of processing and 

distribution in commerce of PIP (3:1) 

and PIP (3:1)-containing products for 


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

newly produced vehicles) and a 30-year 

phase-in prohibition on manufacturing 

and processing of PIP (3:1)-containing 

products for use in replacement parts 

for motor vehicles, and manufacturing 

and processing of PIP (3:1)-containing 

parts for such vehicles, as discussed 

subsequently, is practicable. 

EPA is also finalizing new 40 CFR 

751.407(a)(2)(vi) to allow processing 

and distribution in commerce for an 

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

after the publication date of this final 

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

processing, and distribution in 

commerce of PIP (3:1)-containing 

products for use in replacement parts 

for motor vehicles, including heavy 

motorized machinery, and the 

manufacturing and processing of 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 

this final rule. The continued 

distribution in commerce of PIP (3:1)- 

containing parts for vehicles and the 

vehicles and which contains such parts 

is discussed in Unit III.D.5. and is 

covered under the newly finalized 

exclusion in 40 CFR 751.407(b). EPA is 

finalizing 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. 

In addition, EPA is amending the 

language in the phase-in prohibitions to 

reference ‘‘heavy motorized machinery’’ 

instead of ‘‘heavy machinery,’’ as 

originally proposed. This is being done 

to further clarify what is included in the 

phase-in prohibitions in 40 CFR 

751.407(a)(2)(v) and (vi). 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. 

The phase-in prohibitions in 40 CFR 

751.407(a)(2)(v) and (vi) include offroad 

motor vehicles, construction vehicles, 

like excavators and front-loaders, and 

large, motorized equipment, such as 

paver, cranes, etc., both for military and 

non-military applications. These 

provisions and associated compliance 

time frames do not include off-road 

stationary equipment and machinery as 

discussed by commenters (e.g., non-road 

mobile equipment, large scale fixed 

installations, large scale stationary 

industrial tools, alternative power 

applications). However, EPA is 

clarifying that off-road stationary 

equipment and machinery is included 

in its understanding of the types of 

equipment that compose the 

manufacturing equipment category 

under 40 CFR 751.407(a)(2)(ix). See Unit 

III.D.1.f. for more detail. 

Lastly, in response to comments, EPA 

would like to clarify that this 

rulemaking does not repeal the ‘‘end 

user’’ provision in 40 CFR 751.401(b)(1), 

which allows the distribution in 

commerce of the chemical substance, or 

products and articles that contain the 

chemical substance, that has previously 

been sold or supplied to an end user 

(i.e., an individual or entity that 

purchased or acquired the finished good 

for purposes other than resale). While 

EPA received no comments on this 

specific provision, other comments are 

directly related. Additional discussion 

on continued distribution in commerce 

of complex articles containing PIP (3:1) 

is in Unit III.D.5. 

c. New and Replacement Parts for 

Aerospace Vehicles 

EPA proposed to repeal the exclusion 

from prohibition in 40 CFR 

751.407(b)(1)(iii) for new and 

replacement parts for aerospace vehicles 

and replace it with a phase-in 

prohibition 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. EPA also proposed a provision 

that after the end of the aerospace 

vehicles’ service lives, the 

manufacturing, processing, and 

distribution in commerce of aerospace 

vehicles (i.e., those permissibly 

manufactured before the compliance 

time frame ends) that contain PIP (3:1) 

in any part will be prohibited. Lastly, 

EPA proposed that 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. EPA is finalizing these 

provisions with modifications. These 

new prohibitions will not apply to PIP 

(3:1)-containing parts that are subject to 

a new exclusion from prohibition (e.g., 

wire harnesses and circuit boards). 

As discussed in the January 2021 PIP 

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

similar reasoning applied to the use of 

PIP (3:1) in new and replacement parts 

for motor 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 finalizing 

longer time periods for the phase-in 

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

new and replacement parts for 

aerospace vehicles. 

One commenter (EPA–HQ–OPPT– 

2023–0376–0295) recommended that 

EPA retain the full exclusion from 

prohibitions in the final rule on PIP 

(3:1) for new and replacement parts for 

aerospace vehicles. The commenter 

noted that the Federal Aviation 

Administration certification process is 

often necessary and may be multiyear, 

unpredictable, and lengthy. The 

commenter further stated that there may 

be significant unknowns during the 

process, such as the availability of 

candidate formulations, the time needed 

to identify all affected parts and to 

certify alternatives for the PIP (3:1) 

products used to manufacture the parts. 

The commenter also believes there is 

uncertainty regarding chemical 

restrictions the EPA may consider and 

their impact on investments in 

alternatives research and development. 

As discussed in the proposed rule, 

while EPA acknowledges the 

uncertainty in determining a feasible 

time frame for phasing-out the use of 

PIP (3:1) in aerospace parts, EPA 

understands that the aerospace industry 

and motor vehicle industry share 

similar uses. EPA acknowledges that 

some uses in the aerospace industry 

may require more time for an 

appropriate substitute to be found 

compared with uses in the motor 

vehicle industry, given the different 

performance and regulatory 

requirements the aerospace industry 

faces, and has provided a longer phaseout period. Nevertheless, given EPA’s 

mandate to reduce exposures to the 

extent practicable and the other 


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provisions in this final rule, as the 

commenter on motor vehicles noted, it 

is important to accelerate the material 

substitution of PIP (3:1) for alternatives 

in the aerospace where it is practicable. 

EPA is confident that it has identified, 

based on extensive outreach with 

industry, those uses (i.e., hydraulic 

fluids, lubricants, greases, wire 

harnesses, and circuit boards) that it 

would not be practicable to phase out. 

EPA is finalizing these provisions with 

modifications. Specifically, the 

prohibition phase-ins for aerospace are 

being finalized but with exclusions of 

distribution in commerce for PIP (3:1)- 

containing parts for aerospace vehicles 

and the vehicles which contains such 

parts. This exclusion, now in 40 CFR 

751.407(b)(1)(viii), is discussed in more 

detail in Unit III.D.5. 

d. Wire Harnesses and Circuit Boards 

EPA is finalizing the 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 final 

exclusion is based on industry 

comments provided in response to the 

March 2021 notification opening a 

comment period. Commenters have 

stated that these components 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. 

11). 

Based on 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 

finalizing its proposal 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). 

Several commenters supported the 

exclusion for wire harnesses and circuit 

boards. Many commenters also asked 

EPA to clarify certain aspects of the 

exclusion. Two commenters (EPA–HQ– 

OPPT–2023–0376–0284, EPA–HQ– 

OPPT–2023–0376–0297) noted that in 

the explanations of the reasons why the 

exclusion for new and replacement 

parts for motor vehicles and aerospace 

vehicles is being repealed and replaced 

with a prohibition EPA states that the 

proposed prohibition would not apply 

to PIP (3:1)-containing parts, in 

particular for wire harnesses and circuit 

boards, that would be subject to a new 

exclusion, if adopted as proposed. One 

of the commenters asked EPA to clarify 

that this exclusion takes precedence in 

the situation where other exemptions or 

phase-out periods are more limited in 

nature. The commenter recommended 

that this statement be included in the 

written text. EPA accepts this comment 

and is adding the following statement, 

‘‘except for the activities described in 

paragraph (b) of this section or where 

another phase-in prohibitions with 

longer term deadlines exists as 

described in this section’’ to 40 CFR 

751.407(a)(2). 

One commenter (EPA–HQ–OPPT– 

2023–0376–0297) requested that EPA 

clarify the scope of the items included 

within the exclusion by providing a 

definition with a non-exclusive list of 

examples. The commenter suggested 

that the list of examples be more 

expansive than ‘‘wire harnesses and 

circuit boards’’ and include any item 

that is attached to an electronic circuit 

board or that is necessary to secure, 

cover, or insulate an electronic 

component that gets attached to a circuit 

board. EPA is not providing a definition 

of wire harnesses or circuit boards. In 

the preamble of the proposed rule, EPA 

explained that the term ‘‘wire 

harnesses’’ includes 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 scientific 

instrumentation and more. EPA also 

explained that the Agency 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 over molding, 

dip molding, insert molding 

applications, or conformal coatings. 

In explaining EPA’s understanding of 

the use of PIP (3:1) in circuit boards, 

EPA distinguishes between those 

elements that come into direct contact 

with parts conducting or storing 

electricity and those that do not. The 

items the commenter (EPA–HQ–OPPT– 

2023–0376–0297) referred to as 

necessary ‘‘to secure, cover, or insulate 

an electronic component that gets 

attached to a circuit board’’ do not come 

into direct contact with parts that 

conduct or store electricity and 

therefore do not necessitate the flameretardant properties of PIP (3:1) in those 

components. Hence EPA is not 

expanding the scope of the circuit board 

exclusion to include these items and 

these articles may be subject to the 

October 2024 deadline for processing 

and the October 2026 deadline for 

distribution of PIP (3:1)-containing 

articles unless excluded under 40 CFR 

751.407 (b) or where another phase-in 

prohibitions with longer term deadlines 

exists under 40 CFR 751.407(a)(2). 

e. Marine Antifouling Coating Product 

EPA is finalizing, at 40 CFR 

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

compliance deadline for the prohibition 

of processing and distribution in 

commerce 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, FIFRA-registered 

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. 


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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 understands there 

are suitable alternatives for commercial 

users and so is limiting this exclusion 

to this U.S. Department of Defense 

application. EPA is finalizing this new, 

5-year compliance deadline under 

TSCA section 6(h). One commenter 

(EPA–HQ–OPPT–2023–0376–0309) 

supports finalizing the proposed 

restrictions regarding PIP (3:1) related to 

FIFRA-registered marine coatings. EPA 

did not receive comments opposing this 

provision. 

f. Manufacturing Equipment and 

Semiconductor Manufacturing Industry 

In response to comments, EPA is 

amending the proposed compliance 

deadline extension of 10 years at 40 CFR 

751.407(a)(2)(ix) for processing and 

distribution in commerce of PIP (3:1), 

and manufacturing, processing, and 

distribution in commerce of PIP (3:1)- 

containing products and articles for use 

in manufacturing equipment and in the 

semiconductor industry. EPA received 

several comments on the proposal 

regarding articles used in manufacturing 

equipment and the semiconductor 

industry. Two commenters supported 

the 10-year compliance extension for 

such articles. Several commenters 

sought to include a particular type of 

equipment in the articles covered by the 

proposed extension or to lengthen the 

compliance time period for a particular 

type of equipment. For example, one 

commenter asked EPA to clarify that the 

semiconductor manufacturing 

exemption applies to ancillary 

operations such as the assembly of usespecific and product-specific packages 

and components and to their 

installation within other products and 

finished articles in which finished 

semiconductor packages are used. 

Commenters claiming that 10 years was 

not sufficient cited complex supply 

chains and performance requirements. 

Nine commenters noted that these 

articles have long service lives and need 

repair parts during their service lives. 

Taking these comments together, EPA is 

finalizing an approach to articles used 

in manufacturing equipment and in the 

semiconductor industry based on the 

approach EPA is using for motor 

vehicles. In this final rule, EPA is 

adding a compliance deadline extension 

of 10 years after the publication of the 

final rule for processing and distribution 

in commerce of PIP (3:1), 

manufacturing, processing, and 

distribution in commerce of PIP (3:1)- 

containing products, and manufacturing 

and processing of parts for use in new 

manufacturing equipment, including in 

the semiconductor industry, and 

additional time for the same activities 

for use in replacement parts for 

equipment used in those industries. 

EPA is also expanding the categories of 

equipment covered by this approach so 

that the new compliance deadlines will 

include electronic equipment, heating, 

ventilation, air-conditioning, and 

refrigeration equipment, water-heating 

equipment, and power generating 

equipment, including outdoor power 

equipment. EPA is amending the 

existing compliance deadline to provide 

an additional 10 years for new parts for 

these additional categories, except for 

consumer electronic equipment, which 

is still subject to the October 31, 2024 

deadline. These phase-in prohibitions to 

do not apply to articles subject to 

exclusions, in particular wire harnesses 

and circuit boards. 

As mentioned, the categories are (1) 

manufacturing equipment, including 

equipment used in the semiconductor 

manufacturing industry, (2) electronic 

equipment (3) heating, ventilation, airconditioning (HVAC), refrigeration, and 

water-heating equipment, and (4) power 

generating equipment. Manufacturing 

equipment generally refers to industrial 

machinery, such as automated 

manufacturing equipment, including 

robotics, and machine tools, that are an 

integral part of manufacturing or 

processing a product or article used in 

the manufacturing sector, including in 

semiconductor manufacturing and its 

ancillary support industries. EPA also 

includes in the manufacturing category 

non-road mobile machines, large scale 

fixed installations, and large scale 

stationary industrial tools. The 

electronic equipment category includes 

three subcategories: consumer electronic 

equipment, such as cell phones, 

computers and laptops, and game 

consoles; commercial equipment, 

including commercial printers and other 

business-to-business supplied 

electronics, as well as such as analysis, 

measurement, test, monitoring, and 

control instruments; and laboratory and 

research equipment, such as electron 

microscopes and laboratory appliances. 

The heating, ventilation, airconditioning, refrigeration, and waterheating equipment category includes 

residential and commercial HVAC 

equipment as well as commercial 

refrigeration equipment. The power 

generating equipment category includes 

alternative power generation equipment 

such as batteries and battery charging 

equipment as well as outdoor power 

equipment, such as generators, 

lawnmowers, chain saws, snow 

throwers, tillers, and other related 

products. All these categories are 

subject to the new provisions EPA is 

finalizing for parts installed in new 

equipment, with the exception of 

consumer electronic equipment. 

In the preamble to the proposal, EPA 

explained that the Agency is not further 

extending the existing October 31, 2024, 

compliance deadline for most other 

articles (see Unit III.D.1.vi. in the 

proposed rule). EPA also noted the 

Agency expects that in several 

industries, such as the textile industries, 

including consumer electronic 

equipment, the existing compliance 

time frame 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 (Ref. 46). EPA also asked for 

comments on these proposed 

compliance time frames. Based on 

comments received, EPA continues to 

believe that the October 31, 2024, 

compliance deadline is practicable for 

the textile and consumer product 

industries, including consumer 

electronics. For other categories 

equipment, including commercial and 

research equipment, EPA continues to 

be convinced, as several commenters 

note, that there are difficulties in 

identifying PIP (3:1) in supply chains. In 

addition, commenters noted long 

development cycles for these types of 

equipment, and argued that 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. 

For these reasons, EPA believes a time 

frame shorter than 10 years would not 

be practicable for the other categories of 

equipment identified. The 10-year 

phase-out for manufacturing and 

processing of PIP (3:1)-containing parts 

for use in new equipment being 

finalized applies to manufacturing 

equipment, commercial and laboratory 

electronic equipment, HVAC, 

refrigeration, and water heating 

equipment, and power generating 

equipment. It prohibits, after 10 years, 

all processing, and distribution in 

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

for new equipment, and the 

manufacturing, processing and 

distribution in commerce of PIP (3:1)- 

containing products for use in parts for 

new equipment, and the manufacturing 

and processing of parts to which PIP 

(3:1) has been added for such 

equipment. 


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For replacement parts, EPA is 

finalizing an approach that accounts for 

the variability of service lives of the 

different types of equipment both 

within each category described 

previously and between categories. 

Several commenters (EPA–HQ–OPPT– 

2023–0376–0288, EPA–HQ–OPPT– 

2023–0376–0297, EPA–HQ–OPPT– 

2023–0376–0284)) point out that the 

equipment produced may be designed 

to operate for a decade or longer and 

that replacement parts are critical to 

keep the equipment running. 

Commenters also note that redesigned 

parts for existing finished equipment 

cannot assure the same or similar 

performance, safety, and reliability as 

originally designed parts. For 

manufacturing equipment, EPA is 

allowing for the processing and 

distribution in commerce of PIP (3:1), 

the manufacturing, processing, and 

distribution in commerce of PIP (3:1)- 

containing products for use in 

replacement parts, and the 

manufacturing and processing of 

replacement parts containing PIP (3:1) 

for the service lives of such equipment. 

Based on comments received, 

manufacturing equipment can survive 

in operation for decades. For heating, 

ventilation, air-conditioning, 

refrigeration, and water-heating 

equipment, and for power generating 

equipment, EPA is allowing for the 

processing and distribution in 

commerce of PIP (3:1) and 

manufacturing, processing, and 

distribution in commerce of PIP (3:1) 

products for use in replacement parts, 

and manufacturing and processing of 

PIP (3:1)-containing replacement parts 

for 15 years after the manufacturing ban 

on new PIP (3:1)-containing parts, for a 

total of 25 years. As discussed 

previously for new parts, the Agency 

separated the electronic equipment 

category into three sub-categories: 

consumer, commercial, and laboratory. 

For the laboratory category, EPA is 

allowing for the processing and 

distribution of PIP (3:1) and 

manufacturing, processing, and 

distribution in commerce of PIP (3:1)- 

containing products for use in 

replacement parts, and manufacturing 

and processing of replacement parts 

containing PIP (3:1), for the service lives 

of such equipment. As with 

manufacturing equipment, based on 

comments received, laboratory 

equipment can last for decades. For the 

commercial category, the Agency is 

allowing an additional 15 years for the 

processing and distribution in 

commerce of PIP (3:1), manufacturing, 

processing, and distribution in 

commerce of PIP (3:1)-containing 

products for use in replacement parts, 

and manufacturing and processing of 

PIP (3:1)-containing replacement parts 

for use in such equipment, after the 

manufacturing ban on new PIP (3:1)- 

containing parts, for a total of 25 years. 

For both of the commercial and 

laboratory categories, users often enter 

into contracts that require 

manufacturers or dealers to provide 

ongoing maintenance for extended 

periods of time. For 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 

replacement parts for consumer 

electronic equipment and the 

manufacturing and processing of PIP 

(3:1)-containing replacement parts for 

consumer electronic equipment, EPA is 

setting a compliance deadline of 7 years. 

This aligns with right-to-repair laws that 

have been passed or are pending in 

many States. While only California, 

Colorado, Minnesota, and New York 

have passed right to repair laws, 30 

States are considering right to repair 

laws that address agricultural, digital/ 

electronic, or other equipment 

categories (e.g., motor vehicles, 

wheelchairs). Lastly, after the end of the 

equipment phase-out time periods, all 

persons are prohibited from all 

importing and processing of 

replacement parts for manufacturing 

equipment, heavy machinery, 

commercial and laboratory electronic 

equipment, HVAC, refrigeration, and 

water heating equipment, and power 

generating equipment that contain PIP 

(3:1) in any part. EPA is finalizing an 

exclusion to allow for the distribution in 

commerce of PIP (3:1)-containing parts 

for equipment and equipment 

containing such parts. This is discussed 

in more detail in Unit E. 

2. Precedence of Phase-In Prohibitions 

Several commenters (EPA–HQ– 

OPPT–2023–0376–0297, EPA–HQ– 

OPPT–2023–0376–0284, EPA–HQ– 

OPPT–2023–0376–0295, EPA–HQ– 

OPPT–2023–0376–0306, EPA–HQ– 

OPPT–2023–0376–0288, EPA–HQ– 

OPPT–2023–0376–0310, EPA–HQ– 

OPPT–2023–0376–0291) asked EPA to 

clarify exclusion and phase-out 

precedence. Most commenters requested 

that EPA make clear that time-limited 

exemptions did not apply where they 

were in conflict with an exclusion or 

time-limited exemption with a longer 

compliance period, and conversely, that 

exclusions still applied when they were 

in conflict with a time-limited 

exemption. 

In the former case, two commenters 

(EPA–HQ–OPPT–2023–0376–0284, 

EPA–HQ–OPPT–2023–0376–0295) 

noted that the current compliance 

deadline for PIP (3:1) for use in articles 

addressed by 40 CFR 751.407(a)(2)(iii) 

does not make clear that such deadline 

does not apply to articles subject to 

longer alternative compliance deadlines 

or exclusions, like articles with PIPcontaining adhesives/sealants or 

lubricants/greases. The commenters 

noted that the proposed text also did not 

address the issue. To avoid 

misunderstanding, the commenters 

suggested that the existing alternative 

compliance deadline at 40 CFR 

751.407(a)(2)(i) and the proposed 

alternative compliance deadline at 40 

CFR 751.407(a)(2)(iv) should also be 

described as excepted from the phase-in 

prohibition at 40 CFR 751.407(a)(2)(iii). 

In response to these comments, EPA is 

amending 40 CFR 751.407(a)(2) to 

clarify that other phase-in prohibitions 

with longer term deadlines in 40 CFR 

751.407(a)(2) or exclusions in 40 CFR 

751.407(b) may allow the ongoing 

manufacture, processing, and/or 

distribution in commerce, where the 

terms of the longer-term phase-in or 

exclusion applies. However, the terms 

of the phase-in prohibition with a longer 

term for continued processing and 

distribution in commerce, for example, 

must expressly apply. For example, the 

amended regulatory text is clear that 

pursuant to 40 CFR 751.407(a)(1) any 

processing and distribution of PIP (3:1) 

or PIP (3:1)-containing products or 

articles is prohibited unless another 

provision in 40 CFR 751.407(a)(2) or (b) 

authorizes such processing and 

distribution in commerce. Neither the 

adhesive and sealant phase-in provision 

at 40 CFR 751.407(a)(2)(i) nor the 

lubricant and grease exclusion at40 CFR 

751.407(b)(ii), both in the regulatory text 

adopted in 2021, allows the processing 

and distribution of PIP (3:1) for use in 

producing a PIP (3:1)-containing 

adhesive or lubricant product for use in 

any type of article. Those provisions 

allow a PIP (3:1)-containing lubricant, 

for example, to be processed and 

distributed in commerce for use, but not 

for use in an article. However, there are 

other provisions that do allow the 

processing and distribution of PIP (3:1) 

for use in a specific type of article; 

where EPA intended to allow PIP (3:1) 

to be processed or distributed in 

commerce for use in articles, EPA 

included reference to the article type in 

the regulatory provision. For example, 

40 CFR 751.407(b)(1)(iii) as codified in 

2021, and revisions finalized in 40 CFR 

751.407(a)(2)(vi), both expressly address 


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the processing and distribution of PIP 

(3:1) for use in replacement parts. It is 

that express reference to the article, i.e., 

the replacement part, that authorizes the 

processing and distribution of PIP (3:1) 

for that article type. Thus, if there is no 

provision authorizing processing and 

distribution of PIP (3:1) for use in an 

article type, then the prohibition at 

current 40 CFR 751.407(a)(2)(iii) 

applies. Using the adhesive and 

lubricant examples provided by the 

commenter, processing and distribution 

of PIP (3:1) for use in an adhesive or 

lubricant for use in an article type not 

otherwise addressed in 40 CFR 

751.407(a)(2) or (b) is prohibited by 40 

CFR 751.407(a)(2)(iii). This is consistent 

with the 2021 responses to comment on 

a similar issue. 

Similarly, one commenter (EPA–HQ– 

OPPT–2023–0376–0297) asked EPA to 

make clear that the exclusion related to 

circuit boards and harnesses takes 

precedence in situations where other 

phase-in periods are more limited in 

nature. For example, if a PIP (3:1)- 

containing circuit board is used in the 

production or repair of a piece of 

manufacturing equipment that is used 

in semiconductor manufacturing, or is 

installed or in need of repair in a piece 

of heavy equipment used in automotive 

manufacturing, after the extension 

period has expired for the 

semiconductor manufacturing 

equipment or heavy machinery in 

automotive manufacturing categories, 

the PIP (3:1)-containing circuit board 

would still remain subject to the 

indefinite exclusion. EPA is clarifying 

that the final rule allows for the ongoing 

processing and distribution in 

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

harnesses and circuit boards generally, 

and that such exclusion is not limited 

by the phase-outs in 40 CFR 

751.407(a)(2). Thus, processing and 

distribution of PIP (3:1) may continue, 

for example, when for use in circuit 

boards, even after the compliance 

deadline has passed for the processing 

and distribution in commerce of PIP 

(3:1)-containing parts for use in motor or 

aerospace vehicles and other articles. 

Since this holds as a general rule for 40 

CFR 751.407(a)(2) (the phase-in 

prohibitions), EPA is adding clarifying 

language to the regulatory text at 40 CFR 

751.407(a)(2) to except the activities 

described in 40 CFR 751.407(b) (the 

exclusions from prohibitions). 

3. Require Worker Protections During 

Manufacturing and Processing of PIP 

(3:1) 

EPA is finalizing, with minor 

modification to recordkeeping 

requirements, its proposal to require the 

use of PPE by workers involved in the 

manufacturing and processing of PIP 

(3:1) and certain products and articles 

containing PIP (3:1). EPA proposed to 

require inhalation and dermal PPE 

during domestic manufacturing and 

processing of PIP (3:1) and certain PIP 

(3:1)-containing products and articles to 

address potential respiratory and dermal 

exposure to occupational workers 

during certain ongoing domestic 

manufacturing or processing activities 

involving PIP (3:1), including those for 

which EPA is finalizing phase-out 

periods. Because EPA generally 

presumes the potential for exposure is 

low during importation, the Agency did 

not propose worker protections for 

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

containing products and articles. The 

Agency also did not propose 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 also 

proposed 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)(7)(iii). Finally, EPA 

also proposed to require that owners/ 

operators implement 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 finalizing these 

requirements with slight changes to the 

recordkeeping provision (see Unit 

III.D.5). 

Where PPE is required, EPA is 

finalizing its proposal 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 requiring that owners/ 

operators maintain PPE in a sanitary, 

reliable, and undamaged condition and 

ensure each potentially exposed person 

who is required to wear PPE to use such 

PPE. Under this final rule, owners/ 

operators are required to select and 

provide PPE that properly fits each 

potentially exposed person who is 

required to use PPE and to communicate 

PPE selections (e.g., demonstration that 

each item of PPE selected provided 

prevents exposure during expected 

duration and conditions of exposure) to 

each potentially affected person. Where 

dermal PPE is required, EPA is 

finalizing a requirement that owners 

and operators provide gloves that are 

chemically resistant to PIP (3:1) with 

activity-specific 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 requiring 

respiratory protection that 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 

finalizing respiratory protection that 

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, EPA is requiring respirators 

that are at least as protective as a 

NIOSH-approved APF 10 air-purifying 

half mask respirator. Based on 

stakeholder comments (Ref. 36) and 

OSHA-required Safety Data Sheets, EPA 

understands 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. For 

processing of PIP (3:1) as an 

intermediate processing aid in the 

manufacturing of cyanoacrylate 

adhesives, EPA is requiring engineering 

controls such that the processing of PIP 

(3:1) must take place in a closed loop 

system with general and local exhaust 

ventilation provided. EPA understands 

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. 

EPA is finalizing its proposal 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. In 

choosing appropriate gloves, EPA 

expects that owners/operators consider 

the 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 


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Protective Equipment guidance (Ref. 

34). EPA is also finalizing its proposal 

to require each owner/operator to 

comply with OSHA’s respiratory 

protection training requirements at 29 

CFR 1910.134(k) and general PPE 

training requirements at 29 CFR 

1910.132(f) when using respirators and 

gloves. Owners/operators must provide 

PPE training to all persons required to 

use dermal protection or respiratory 

protection prior to or at the time of 

initial assignment to a job involving 

exposure to PIP (3:1). 

4. Manufacturing (Including Import) of 

PIP (3:1) 

Multiple commenters (EPA–HQ– 

OPPT–2023–0376–0310, EPA–HQ– 

OPPT–2023–0376–0297, EPA–HQ– 

OPPT–2023–0376–0288, EPA–HQ– 

OPPT–2023–0376–0307, EPA–HQ– 

OPPT–2023–0376–0306, EPA–HQ– 

OPPT–2023–0376–0290) discussed the 

import of PIP (3:1)-containing products 

and articles in their comments. As 

previously discussed, EPA is finalizing 

modifications to several exclusions from 

prohibition finalized in the January 6, 

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

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 proposed 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 finalizing these phase-in 

prohibitions on manufacturing, 

including import, for certain uses under 

40 CFR 751.407(a)(2) and has made edits 

to the regulatory text to make it clear 

what is prohibited and excluded. EPA 

modified the general provision title 

under 40 CFR 751.407(a)(1), to now be 

titled ‘‘General prohibition on 

processing and distribution in 

commerce,’’ [emphasis added] so that it 

is clear this provision does not generally 

apply to any manufacturing of PIP (3:1) 

or PIP (3:1)-containing products and 

articles. EPA is not finalizing a general 

prohibition on the manufacturing of PIP 

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

rulemaking, due to the number of 

excluded activities which EPA has 

found it impracticable to prohibit. EPA 

notes that the absence of a general 

prohibition on manufacture of PIP (3:1) 

or PIP (3:1)-containing products or 

articles does not allow for ongoing 

distribution in commerce of imported 

products and articles, where such 

distribution in commerce is expressly 

prohibited by another provision in 40 

CFR 751.407; where EPA has prohibited 

the distribution in commerce of a PIP 

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

articles, such prohibition would be 

applicable to any attempted importation 

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

product or article. 

5. Recordkeeping Requirements and 

Downstream Notification 

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 increasing the 

recordkeeping requirement from three to 

five years and removing the 30-day time 

frame to make records available. Due to 

the additional requirements being 

finalized in this rulemaking, specifically 

those pertaining to worker safety, EPA 

considers the five-year time frame 

regarding recordkeeping and removal of 

the 30-day time frame to make records 

available is more appropriate. 

Furthermore, this five-year time frame 

aligns with the statute of limitations for 

civil penalty enforcement (28 U.S.C. 

2462), and it is consistent with the time 

frame associated with other TSCA 

section 6(a) rulemakings that include 

worker protection requirements. EPA is 

confident that 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 presumes that 

regulated entities should have the 

records demonstrating compliance 

readily available. 

In addition, as it relates to 

recordkeeping for worker protections, 

EPA is finalizing its proposal to require 

that owners/operators document 

respiratory protection used and PPE 

program implementation and retain 

those records for five years. One 

commenter (EPA–HQ–OPPT–2023– 

0376–0312) requested that EPA modify 

its worker protection recordkeeping 

requirements to specify that records be 

made available to exposed workers and 

their representatives and to extend the 

record retention period. This 

commenter supports EPA’s decision to 

eliminate the 30-day compliance period, 

thus making records immediately 

available to the Agency, but emphasized 

the importance of making records 

available to workers and their 

representatives as well. The commenter 

stated that this would be consistent with 

similar OSHA regulations. Furthermore, 

the commenter recommended extending 

the recordkeeping requirements to a 

much longer period of time, suggesting 

20–30 years as an appropriate time 

frame. The commenter argued that the 

health effects due to exposure to toxic 

chemicals can exhibit long latency 

periods. This information about latency, 

the commenter expressed, should be 

available to workers throughout the 

period of potential consequences of an 

exposure. 

As discussed in the proposed rule, the 

final five-year time frame is consistent 

with those associated with other TSCA 

section 6(a) rulemakings and 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 determined that 

regulated entities should have the 

records demonstrating compliance 

readily available due to previous 

recordkeeping requirements for PIP (3:1) 

under TSCA; this measure is intended 

to make use of ordinary business 

records and thus not be overly 

burdensome to industry. In response to 

the request that EPA require records be 

made available to workers and to their 

designated representatives as well, EPA 

has modified the workplace protection 

records requirements for PIP (3:1) to 

require that the owner or operator 

provide potentially exposed persons 

and their designated representative an 

opportunity to observe records related 

to the basis of the PPE or other control 

measure selection, including potential 

monitoring results that are 

representative of the potentially 

exposed person’s exposure. 

EPA is also amending the downstream 

notification statement that must 

accompany shipments of PIP (3:1) or PIP 

(3:1) containing products to conform to 

the terms of the prohibitions in the final 

rule. EPA is providing a 3-month 

transition period to update SDS sheets 

and an 18-month transition period for 

updating labels. EPA believes that this 

transition period should allow time to 

clear products with old labels through 

channels of trade. During the 3-month 

transition period, downstream 

notification under 40 CFR 751.407(e)(1) 

and (2) is still required; entities may use 

the new information provided in new 40 

CFR 751.407(e)(3) or existing 

notification consistent with the 

restrictions described in this subpart. 


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During the 15-month period between 

the SD revision date and the label 

revision date, manufacturers, 

processors, or distributors are required 

to provide the updated SDS with the 

‘‘new’’ information when distributing 

products with the ‘‘old’’ label. 

5. Continued Distribution of PIP (3:1)- 

Containing Articles & Continued 

Processing & Distribution of PIP (3:1)- 

Containing Articles for Repair and 

Maintenance 

EPA received multiple comments on 

the continued use of articles, including 

finished goods containing such articles, 

which may contain PIP (3:1). For 

example, some commenters stated that 

certain PBT-containing articles would 

need to be disposed of or retired from 

use earlier than needed due to EPA’s 

prohibitions and restrictions which 

would not allow for repair or general 

maintenance of an existing component. 

Such commenters (EPA–HQ–OPPT– 

2023–0376–0284, EPA–HQ–OPPT– 

2023–0376–0305, EPA–HQ–OPPT– 

2023–0376–0293, EPA–HQ–OPPT– 

2023–0376–0310) noted that finished 

goods move around in distribution 

channels and usually stay in inventory 

for weeks to several months, that 

retailers do not have control over how 

quickly these goods are sold and do not 

necessarily operate under a first-in, firstout operation, and that retailers would 

have difficulty differentiating between 

PIP (3:1)-containing articles from nonPIP (3:1)-containing articles, and may 

want to return the entire stock of goods 

(EPA–HQ–OPPT–2023–0376–0284, 

EPA–HQ–OPPT–2023–0376–0293). 

Commenters also noted the resulting 

negative impact of strictly eliminating 

stocks based on a ‘‘distribution in 

commerce’’ deadline may cause 

enormous economic and environmental 

impact (EPA–HQ–OPPT–2023–0376– 

0284, EPA–HQ–OPPT–2023–0376– 

0293, EPA–HQ–OPPT–2023–0376– 

0301, EPA–HQ–OPPT–2023–0376– 

0305, EPA–HQ–OPPT–2023–0376– 

0310). For example, one of the 

commenters noted that premature 

obsolescence would result in substantial 

economic losses as affected equipment 

becomes stranded assets, impacting the 

environment and the economy. Another 

commenter noted that companies may 

carry thousands of spare parts for 

discontinued goods for up to and 

beyond 10 years so customers can 

extend the life of the good (EPA–HQ– 

OPPT–2023–0376–0293). Two 

commenters also asked EPA to reiterate 

that the provision at 40 CFR 

751.401(b)(1) permits an article or 

product that has been purchased or 

acquired other than for resale to be redistributed, leased, or re-sold (EPA– 

HQ–OPPT–2023–0376–0297, EPA–HQ– 

OPPT–2023–0376–0284). These two 

commenters also requested that EPA 

make clear that the language in 40 CFR 

751.401(b)(1) permits the movement 

within the United States of complex 

manufacturing equipment and durable 

goods that might contain PIP (3:1)- 

containing components when such 

equipment or durable goods were 

manufactured prior to the date of any 

final prohibition in the PIP (3:1) 

regulation (EPA–HQ–OPPT–2023– 

0376–0297, EPA–HQ–OPPT–2023– 

0376–0284). One commenter requested 

that EPA make clear that all existing 

products and articles that were 

manufactured prior to the various final 

effective dates in the PBT regulations 

are exempt (EPA–HQ–OPPT–2023– 

0376–0297). Another commenter noted 

that if an article needs to be repaired but 

was manufactured before the effective 

date of the final rules, it is simply 

impossible to check compliance on the 

article since the article was not managed 

to comply with the rules (EPA–HQ– 

OPPT–2023–0376–0284). 

EPA is amending the regulatory text 

covering PIP (3:1) in a number of 

different ways to address these 

comments. First, EPA is amending the 

proposed regulatory text for a number of 

activities addressed in 40 CFR 

751.407(a)(2) and adding an additional 

regulatory provision in 40 CFR 

751.407(b) to make clear that the general 

prohibition in 40 CFR 751.407(a)(1) and 

the general phase-in prohibition for 

articles at 40 CFR 751.407(a)(2)(iii) do 

not apply to the distribution in 

commerce of certain PIP (3:1)- 

containing articles and the finished 

goods containing such articles, like cars, 

aerospace vehicles, and complex 

equipment. It was not EPA’s intent to 

use its TSCA section 6(a) authorities to 

restrict the continued distribution and 

sale of such parts for such complex 

articles, where the manufacture and 

process of the part complies with the 

phase-in prohibition in 40 CFR 

751.407(a)(2). For example, 40 CFR 

751.407(a)(2)(v), as proposed, would 

have prohibited the distribution in 

commerce, after 15 years from the 

publication date, of PIP (3:1)-containing 

parts for new motor vehicles and the 

new motor vehicles containing those 

parts. 

EPA has amended that provision to 

remove the prohibition on distribution 

in commerce of such parts and vehicles 

and EPA has added a new provision, 40 

CFR 751.407(b)(viii), to exclude the 

distribution in commerce of such parts 

and vehicles from the general 

prohibition in 40 CFR 751.407(a)(1) and 

general phase-in prohibition in 40 CFR 

751.407(a)(2)(iii). However, to be clear, 

the manufacturing and processing of 

such parts for such vehicles after 15 

years from the date of publication of this 

rule is prohibited [and distribution in 

commerce of parts that do not comply 

with that requirement is not permitted 

by 40 CFR 751.407(b)(viii). Thus, as 

long as the parts meet the requirements 

in 40 CFR 751.407(a)(2)(v) relating to 

the manufacture and processing of such 

parts, the parts and the vehicles 

containing such parts may be 

distributed in commerce, for any reason, 

including as new or for use or resale. 

Similar changes have been made to 

similar provisions, i.e., for replacement 

parts for motor vehicles addressed in 40 

CFR 751.407(a)(2)(vi), new and 

replacement parts for aerospace vehicles 

addressed in 40 CFR 751.407(a)(2)(vii) 

and (viii), respectively, and new and 

replacement parts for manufacturing 

equipment addressed in 40 CFR 

751.407(a)(2)(ix) and (x), respectively. A 

prohibition on the distribution in 

commerce of these complex articles 

would not be practicable; to the 

contrary, it would be extremely 

burdensome, necessitating the 

identification of parts containing PIP 

(3:1). 

EPA is also amending 40 CFR 

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

additional two years for the distribution 

of PIP (3:1) containing articles subject to 

the October 31, 2026, compliance 

deadline in order for those articles to 

clear channels of trade. 

Second, EPA is adding 40 CFR 

751.407(b)(1)(viii) to allow processing 

and distribution in commerce for 

maintenance and repair of existing PIP 

(3:1)-containing articles. EPA has stated 

in the 2021 final rules that is not 

practicable to use its TSCA section 6(a) 

authorities to regulate commercial use 

of products and articles containing the 

PBT chemicals, such as televisions and 

computers, because it would be 

extremely burdensome, necessitating 

the identification of articles, and the 

disposal of countless articles that would 

have to be identified and replaced. For 

similar reasons, EPA does not believe 

restricting continued maintenance and 

repair of existing PIP (3:1)-containing 

articles is practicable. Commenters 

raised the need for repair and 

maintenance for certain PIP (3:1)- 

containing articles, like equipment and 

machinery, which could result in the 

distribution in commerce and 

processing that would have been 

prohibited after relevant phase-in 

prohibition dates. Thus, in response to 

these comments, EPA is amending the 

provisions in 40 CFR 751.407 to exclude 


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processing and distribution in 

commerce of an article for the purpose 

of repair or maintenance, where PIP 

(3:1) has not been newly added. This 

exclusion is limited to processing where 

the PIP (3:1) is not newly added in any 

part, and it is limited to repair and 

maintenance of a PIP (3:1)-containing 

article. It also differs from the existing 

‘‘end user’’ provision in 40 CFR 

751.401(b)(1), which allows the 

distribution in commerce of the 

chemical substance, or products and 

articles that contain the chemical 

substance, that have previously been 

sold or supplied to an end user. The 

‘‘end user’’ provision does not include 

processing as a part of the exclusion, 

and it only applies to an individual or 

entity that purchased or acquired the 

finished good for purposes other than 

resale. 

Several commenters also supported a 

‘‘manufactured-by’’ approach to allow 

for the sell-through of existing articles 

and spare parts and further processing 

and distribution of articles after 

compliance deadlines. Commenters 

state that manufacturers can only 

control the date of manufacture, not the 

date of distribution in commerce and, 

further, that manufacturers cannot 

ensure compliance after the product has 

left their control (EPA–HQ–OPPT– 

2023–0376–0284, EPA–HQ–OPPT– 

2023–0376–0305, EPA–HQ–OPPT– 

2023–0376–0293, EPA–HQ–OPPT– 

2023–0376–0310). Multiple commenters 

advocated for a manufactured-by date 

approach that clarifies that products 

that contain PIP (3:1) that have been 

manufactured prior to the prohibition 

dates may continue to be processed and 

distributed, and used indefinitely, 

allowing for continued servicing of 

equipment that are designed to remain 

in service for many years with articles 

containing PIP (3:1) through the lifetime 

of the equipment and not penalizing 

dealers with stranded inventory (EPA– 

HQ–OPPT–2023–0376–0297, EPA–HQ– 

OPPT–2023–0376–0284, EPA–HQ– 

OPPT–2023–0376–0305). 

As discussed in the response to 

comments to the 2019 PBT proposed 

rule, EPA does not think, unless 

otherwise specified, that all products 

and articles containing PBT chemicals 

should continue to be processed and 

distributed without end, as it is 

practicable eventually to build and 

service most products that do not 

contain PBTs, as goods reach the end of 

their service lives and replacement parts 

that do not contain PBTs become 

available. EPA therefore is not adopting 

a generally applicable ‘‘manufactured 

by’’ provision. Instead, EPA has 

finalized specific phase-in prohibitions 

or exclusions for certain PBT-containing 

articles and finalized an exclusion 

solely for the purpose of repair and 

maintenance of an existing article. 

E. Regulatory Threshold Level for 

DecaBDE and PIP (3:1) 

In the 2021 PBT final rules, EPA 

declined to establish a general exclusion 

for PBTs produced as a byproduct, 

present as an unintentional 

contaminant, or present in what 

commenters describe as de minimis 

quantities (independent of the exclusion 

for recycled plastic). When extending 

the compliance deadline for PIP (3:1) in 

March 2022, EPA received comments on 

establishing a de minimis level for PIP 

(3:1) (Ref. 47). At that time, EPA 

indicated that the Agency would 

consider these comments in the context 

of the broader rulemaking EPA planned 

to undertake for PIP (3:1) and other PBT 

chemicals, i.e., in this rulemaking. In 

the proposal to this rule, EPA noted that 

a commenter (Ref. 48) proposed 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. EPA asked for 

comments on this proposal, specifically, 

and on a de minimis level in general. 

During the comment period for this 

rule, several commenters requested that 

EPA establish a de minimis exemption 

for decaBDE and PIP (3:1) (EPA–HQ– 

OPPT–2023–0376–0288, EPA–HQ– 

OPPT–2023–0376–0292, EPA–HQ– 

OPPT–2023–0376–0297). As noted 

previously, one commenter proposed 

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. Another 

commenter stated that a de minimis 

threshold is consistent with TSCA’s 

requirement to reduce exposures ‘‘to the 

extent practicable’’ (EPA–HQ–OPPT– 

2023–0376–0292). Further, without a 

threshold, this commenter and another 

stated that regulated entities would not 

know whether they are in compliance, 

as detection levels are constantly being 

reduced and that certainty regarding the 

lack or presence of the substance is 

unachievable (EPA–HQ–OPPT–2023– 

0376–0288, EPA–HQ–OPPT–2023– 

0376–0292). One of these commenters 

contended it is unworkable and 

unreasonable for regulated entities to 

potentially have to continually test 

materials for the presence of trace levels 

of a material that has no appreciable risk 

associated with it (EPA–HQ–OPPT– 

2023–0376–0292). The Agency received 

no comments adverse to a regulatory 

threshold for either decaBDE or PIP 

(3:1). 

Commenting on PIP (3:1), one 

commenter noted that ‘‘the lack of a de 

minimis threshold ensures that 

manufacturers will need to account for, 

and remove, trace amounts of PIP (3:1) 

in their products, which will require 

expensive lab testing to confirm 

(assuming PIP (3:1) can be found above 

the limit of detection)’’ (EPA–HQ– 

OPPT–2023–0376–0308). One 

commenter pointed out the potential for 

cross contamination since components 

subject to a prohibition may be 

manufactured in the same facilities as 

components containing PIP (3:1) (EPA– 

HQ–OPPT–2023–0376–0305). At least 

one commenter requested EPA 

distinguish between intentionally added 

PIP (3:1) and unintentional impurities 

(EPA–HQ–OPPT–2023–0376–0001). A 

number of commenters also noted that 

in a complex supply chain it may not 

always be possible to secure contract 

specifications or assurances from 

suppliers regarding the presence of PIP 

(3:1) and that it would be resource 

intensive to demonstrate the complete 

absence of a chemical if there is no 

threshold to make that determination 

(EPA–HQ–OPPT–2023–0376–0310, 

EPA–HQ–OPPT–2023–0376–0306, 

EPA–HQ–OPPT–2023–0376–0308, 

EPA–HQ–OPPT–2023–0376–0288). 

For decaBDE, three commenters 

argued that a threshold is also needed, 

and two commenters recommended that 

EPA set it at 0.1% to align with other 

major regulatory regimes, such as the 

Restriction of Hazardous Substances 

(RoHS) (EPA–HQ–OPPT–2023–0376– 

0288, EPA–HQ–OPPT–2023–0376– 

0292, EPA–HQ–OPPT–2023–0376– 

0297). Several commenters on this issue 

recommended EPA adopt a 0.1% 

concentration level for PIP (3:1) as well. 

(EPA–HQ–OPPT–2023–0376–0297, 

EPA–HQ–OPPT–2023–0376–0310, 

EPA–HQ–OPPT–2023–0376–0306, 

EPA–HQ–OPPT–2023–0376–0308). One 

of the commenters recommended that, 

as a practical matter, EPA establish in 

all TSCA section 6(h) regulations for 

PBTs a de minimis standard of 0.1% by 

weight of the finished product or article. 

One commenter (EPA–HQ–OPPT–2023– 

0376–0310) argued that a 0.1% 

concentration level is consistent with 

EPA’s export notification requirement 

for known or suspected carcinogens 

(EPA–HQ–OPPT–2023–0376–0306, 

EPA–HQ–OPPT–2023–0376–0310, 

EPA–HQ–OPPT–2023–0376–0308), and 

that, while PIP (3:1) is not covered 

under Europe’s RoHS, a 0.1% 

concentration level is at least consistent 

with the level set for most chemicals 

under RoHS. 

EPA agrees with these comments and 

believes that setting a regulatory 


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threshold level for unintentional 

decaBDE and PIP (3:1) present in 

products and articles at less than 0.1% 

by weight is a practicable solution, 

particularly for situations involving 

complex supply chains. This regulatory 

threshold level will also aid the 

regulated community in complying with 

the prohibitions. Commenters noted that 

they have limited visibility into their 

supply chains and cannot always obtain 

assurances from suppliers regarding the 

presence of decaBDE in their products 

(EPA–HQ–OPPT–2023–0376–0288, 

EPA–HQ–OPPT–2023–0376–0292, 

EPA–HQ–OPPT–2023–0376–0297). 

Commenters also noted that test 

methods cannot demonstrate zero 

content of any substance. EPA agrees 

that testing to zero would not be 

practicable due to costs and challenges 

with testing for PBTs. The 0.1% 

regulatory threshold level for 

unintentional levels of decaBDE and PIP 

(3:1) provides certainty for entities that 

do not intentionally add decaBDE or PIP 

(3:1), but where it may be 

unintentionally present in their supply 

chains below the regulatory threshold 

level due to cross-contamination. 

Intentional use of decaBDE or PIP (3:1) 

in products or articles at any 

concentration is prohibited in nonexcluded uses. EPA is not establishing 

a regulatory threshold level for 

unintentional amounts of other PBTs at 

this time. 

The regulatory threshold level of 

0.1% in this final rule applies to 

products and articles measured by 

weight, except for any amount present 

due to an excluded use or phased-out 

use that has not yet reached its 

compliance deadline. For complex 

assemblies of articles, the regulatory 

threshold level applies to each article 

individually and not to the complex 

assembly as a whole. EPA is not 

adopting the interpretation of article 

suggested by one commenter, namely 

that concentrations of a substance 

present in components of an assembly 

of articles be measured against the total 

weight of the assembly (EPA–HQ– 

OPPT–2023–0376–0306). The 

commenter stated the belief that EPA’s 

interpretation was aligned with this 

understanding of how to account for 

concentrations of a substance in an 

article (EPA–HQ–OPPT–2023–0376– 

0306). EPA disagrees, and notes that the 

definition of an article, provided at 40 

CFR 751.403 provides the clarification 

the comment seeks. The term ‘‘article’’ 

as defined in 40 CFR 751.403, 

paragraphs (1) and (2), is a 

manufactured item ‘‘[w]hich is formed 

to a specific shape or design during 

manufacture,’’ and ‘‘[w]hich has end use 

function(s) dependent in whole or in 

part upon its shape or design during end 

use.’’ EPA determined that the 

individual parts of a complex assembly 

of parts would meet this definition. EPA 

is not providing additional interpretive 

guidance at this time, as the Agency 

believes the definition of article is 

sufficiently clear in this regard. 

In setting a regulatory threshold level, 

EPA considered other regulatory 

thresholds, such as OSHA, which 

included a 0.1% threshold for 

determining hazards from certain 

chemicals to absolve employers from 

having to evaluate and list chemicals 

present in mixtures in small quantities 

that may not result in substantial 

exposures, and EPA’s export 

notification requirements and reporting 

requirements under the Toxics Release 

Inventory Reporting under the 

Emergency Planning and Community 

Right-to-know Act, both of which set a 

threshold of 0.1% for some chemicals. 

Another example is the European 

Union’s Regulation on the registration, 

evaluation, authorization and restriction 

of chemicals (REACH), which states that 

decaBDE ‘‘Shall not be used in the 

production of, or placed on the market 

in . . . an article, or any part thereof, in 

a concentration equal to or greater than 

0.1% by weight.’’ (Ref. 49). Suppliers’ 

familiarity with these levels ought to 

reduce the administrative burden 

associated with tracking different 

thresholds for different uses. EPA also 

considered the concentration level of 

0.001% for PIP (3:1) suggested by a 

commenter (EPA–HQ–OPPT–0376– 

0288). This commenter recommended 

this lower level when PIP (3:1) is 

measured against the weight of the 

article as a whole in complex 

assemblies, rather than each component 

article that makes up the complex 

assembly. It is not clear that a regulatory 

threshold level this low would be 

practicable for individual components 

or across industries. 

EPA previously reasoned that setting 

a single regulatory threshold level of 

0.1% for all uses is not practicable, 

given the concentrations of these two 

chemicals in the supply chain for 

different types of products, which 

would make establishing a 

concentration threshold for each use 

overly burdensome and impracticable. 

Given the comments from stakeholders 

noting that a 0.1% concentration level is 

consistent with EPA’s export 

notification requirement and is at least 

consistent with the level set for most 

chemicals under RoHS, EPA now 

concludes that stakeholders would be 

able to comply with a single regulatory 

threshold level, despite the differing 

concentrations for different types of 

products and articles. 

Since decaBDE and PIP (3:1) are 

additive chemicals and are not known 

to be present as a byproduct, EPA is not 

establishing a regulatory threshold level 

where decaBDE or PIP (3:1) is 

intentionally added. EPA is confident 

that where decaBDE is intentionally 

added, it is intended to be present at 

concentrations at least an order of 

magnitude higher than 0.1% and EPA 

has adopted regulatory controls to 

address such intentional activities. 

Commenters provided information 

indicating that an 0.1% concentration is 

generally below the levels present in the 

majority of intentional uses of PIP (3:1). 

However, EPA is aware of the 

manufacture and processing of certain 

products or articles containing PIP (3:1) 

at levels intentionally well below 0.1% 

(Ref. 50). In such cases, PIP (3:1) levels 

in such products or articles will be 

presumed to be intentional and thus the 

regulatory threshold level of 0.1% 

adopted in this rule would not apply to 

those products or articles. Thus, this 

regulatory threshold of 0.1% allows a 

practicable approach for managing 

unintentionally present decaBDE and 

PIP (3:1). 

EPA had previously declined to set a 

regulatory threshold level in part 

because EPA asserted that setting a 

threshold level would require expensive 

testing. However, EPA is making clear 

that testing is not required. While that 

is the case, companies may choose to do 

so if they believe contaminant or 

unintentional levels may be present and 

wish to document that the levels are 

below the 0.1% regulatory threshold 

level. 

IV. The Reasonably Ascertainable 

Economic Consequences of the Final 

Rule 

A. Overview of Cost Methodology 

EPA has evaluated the potential costs 

of the final 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 include: 

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 and gloves), product labeling 

or signage to provide notice to workers 

that PPE is required to be worn during 

recycling, refurbishing, or processing of 

existing plastic shipping pallets rule 


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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 Final Rule 

Total quantified annualized industry 

costs for the final rule are estimated to 

be $400 million at a 3 percent discount 

rate and $430 million at a 7 percent 

discount rate annualized over 30 years. 

Costs at a 2 percent discount rates are 

estimated at $390 million (shown in 

appendix A of the accompanying 

Economic Analysis for this final rule). 

Of the final rule costs, those associated 

with decaBDE alone were 

approximately $86 at a 3 percent 

discount rate and $128 at a 7 percent 

discount rate. Costs associated with PIP 

(3:1) were $400 million and $430 

million (at 3 and 7 percent discount 

rates, respectively.) Of this total, worker 

protection (PPE) costs under the final 

regulatory option annualized at a 3 

percent discount rate is $373 million 

and $410 million at a 7 percent 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 final rule’s regulated 

activities. There are only two firms 

known to be using decaBDE that will be 

impacted by this final rule. 

Substantially more firms (up to 26,803) 

could potentially be impacted by the 

PIP (3:1) final rule requirements based 

on the sectors impacted. Prohibition 

costs for PIP (3:1) annualized at a 3 

percent discount rate were estimated at 

$27 million and $20 million annualized 

at a 7 percent 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 final rule will 

modify those existing rules. Therefore, 

EPA does not expect that it will require 

any additional (incremental) Agency 

staff time to implement the rules under 

the final revisions (final or primary 

alternative options). 

1. Benefits 

A qualitative discussion of the 

potential benefits associated with the 

final 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 final 

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 final 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 is confident 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 final rule on the national 

economy and concluded that this rule is 

highly unlikely to have any measurable 

effect on the national economy (Ref. 17). 

EPA analyzed the expected impacts on 

small business and found that of the 

24,865 small businesses potentially 

impacted by the rule, 860 are expected 

to incur cost impacts between 1 and 3 

percent of their annual revenue. No 

entities are expected to be impacted 

above 3 percent of their annual revenue 

(Ref. 17). Finally, EPA has determined 

that this final 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. 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 

those listed under FOR FURTHER

INFORMATION CONTACT. 

1. EPA. 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. Federal Register 

(88 FR 82287, November 24, 2023) (FRL– 

9145–01–OCSPP). 

2. EPA. TSCA Work Plan for Chemical 

Assessments: 2014 Update. October 

2014. 

3. EPA. TSCA Work Plan Chemicals: 

Methods Document. February 2012. 

4. 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). 

5. 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). 

6. 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). 

7. 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). 

8. 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). 

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. 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). 


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11. 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). 

12. 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. 

13. 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). 

14. 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). 

15. 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. 

16. 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. 

17. EPA. Economic Analysis for Regulation of 

Phenol, isopropylated phosphate (3:1) 

(PIP (3:1)) and Decabromodiphenyl ether 

(DecaBDE) Under TSCA Section 6(h). 

October 2024. 

18. EPA. 2021 Policy on Children’s Health. 

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

documents/2021-10/2021-policy-onchildrens-health.pdf. 

19. EPA. Exposure and Use Assessment of 

Five Persistent, Bioaccumulative, and 

Toxic Chemicals. December 2020. (For 

references and supporting 

documentation, see EPA–HQ–OPPT– 

2019–0080). 

20. EPA. 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): Response to Public Comments. 

October 2024. 

21. EPA. Proposed Rule Webinar Transcript. 

March 21, 2024. ID: EPA–HQ–OPPT– 

2023–0376–0315. 

22. Comment from the American Coatings 

Association (ACA) to EPA on May 21, 

2021. Comment ID: EPA–HQ–OPPT– 

2021–0202–0144. 

23. Centers for Disease Control and 

Prevention (CDC). NIOSH Hierarchy of 

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

topics/hierarchy/default.html. 

24. 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). 

25. EPA. Preliminary Information on 

Manufacturing, Processing, Distribution, 

Use, and Disposal: Decabromodiphenyl 

ether. August 2017. Docket No. EPA– 

HQ–OPPT–2016–0724–0002. 

26. Stakeholder Comment from Auto 

Alliance. February 2018. 

27. Stakeholder Comment from iGPS. January 

2018. 

28. EPA. Access Chemical Data Reporting: 

2020 CDR Data. Last updated on May 16, 

2022. 

29. EPA. Exposure and Use Assessment of 

Five Persistent, Bioaccumulative, and 

Toxic Chemicals. June 2019. 

30. Norwegian Environmental Agency. Final 

Report. Literature Study—DecaBDE in 

Waste Streams. 2015. 

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

Consultation on DecaBDE Risk 

Management Rule on January 3, 2023. 

32. Centers for Disease Control and 

Prevention (CDC). NIOSH Certified 

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

niosh/npptl/topics/respirators/cel/. 

33. 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. 

34. Occupational Safety and Health 

Administration. Personal Protective 

Equipment. OSHA 3151–02R 2023. 

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

publications/osha3151.pdf. 

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

Environmental Protection Agency. 

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

TRIToxicsTracker/ 

TRIToxicsTracker.html. 

36. EPA. Regulation of Persistent, 

Bioaccumulative, and Toxic Chemicals 

Under TSCA Section 6(h) RIN 2070– 

AK34; Response to Public Comments. 

December 2020. 

37. Letter from the Nuclear Regulatory 

Commission to the EPA on March 31, 

2023. (EPA–HQ–OPPT–2023–0376– 

0230). 

38. Letter from the Nuclear Energy Institute 

to the EPA on February 10, 2023. (EPA– 

HQ–OPPT–2023–0376–0280). 

39. 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%20

DecaBDE%205%202%202023.pdf. 

40. 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/8A750189B8B8E14A

852589A20072ACCC/$File/RSCC

%20CAFO%20final

%20order%202023.05.01%201510.pdf. 

41. 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. 

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. Letter from the Semiconductor 

Equipment and Materials International 

(SEMI) to EPA on August 4, 2023. 

Comment ID: EPA–HQ–OPPT–2023– 

0376–0317. 

49. European Union’s Regulation on the 

Registration, Evaluation, Authorisation 

and Restriction of Chemicals (REACH), 

Annex XVII: Restrictions on the 

Manufacture, Placing on the Market and 

Use of Certain Dangerous Substances, 

Mixtures and Articles. https://

reachonline.eu/reach/en/annexxvii.html. 

50. Fujifilm FUJICHROME Velvia 100® color 

film. https://www.fujifilm.com/us/en/

business/professional-photography/film/ 

velvia-100. 

51. 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). Final Rule (RIN 2070–AL02). 

EPA ICR No. 2779.02 and OMB Control 

No. 2070–0230. October 2024. 

VI. 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 under section 3(f)(1) 


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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 the Office of 

Management and Budget (OMB) for 

Executive Order 12866 review. 

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 action (Ref. 17). A copy of this 

Economic Analysis is available in the 

docket, is briefly summarized in Unit 

I.E. and discussed in Unit IV. 

B. Paperwork Reduction Act (PRA) 

The information collection activities 

in this rule have been submitted to OMB 

for approval under the PRA, 44 U.S.C. 

3501 et seq. The Information Collection 

Request (ICR) document that EPA 

prepared is assigned EPA ICR No. 

2779.02 and OMB Control No. 2070– 

0230 (Ref. 51). You can find a copy of 

the ICR in the docket and it is briefly 

summarized here. The information 

collection requirements are not 

enforceable until OMB approves them. 

Respondents/affected entities: See 

Unit I.A. 

Respondent’s obligation to respond: 

Mandatory (TSCA section 6(h) and 40 

CFR 751.407). 

Frequency of response: On occasion. 

Total estimated number of 

respondents: 26,805 (12,846 

manufacturers/importers/processors and 

13,957 distributors). 

Total estimated burden: 42,300 hours 

(per year). Burden is defined at 5 CFR 

1320.3(b). 

Total estimated cost: $3,288,625 (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. When OMB 

approves this ICR, the Agency will 

announce that approval in the Federal 

Register and, as appropriate, display the 

OMB control number on the applicable 

collection instruments and publish a 

technical amendment to 40 CFR part 9 

to display the OMB control number for 

the approved information collection 

activities contained in this final rule. 

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 final rule. The Agency 

has determined that this final rule will 

impact approximately 24,865 small 

businesses of which 860 (3.46%) are 

expected to incur cost impacts between 

1 and 3 percent of their annual revenue, 

all of which are for PIP (3:1) and none 

for decaBDE. The cost per small entity 

impacted ranged from ¥$42–$1,146,853 

at a 3% discount rate and ¥$128– 

$1,272,107 at a 7% discount rate. No 

entities for either chemical are expected 

to be impacted above 3 percent of their 

annual revenue. Details of this analysis 

are presented in the Economic Analysis 

(Ref. 17), which is in the docket for this 

action. 

D. Unfunded Mandates Reform Act 

(UMRA) 

This action contains a Federal 

mandate that may result in expenditures 

of $183 million in 2023 dollars ($100 

million in 1995 dollars adjusted for 

inflation using the GDP implicit price 

deflator) or more as described in UMRA, 

2 U.S.C. 1531–1538, for the private 

sector in any one year. Total quantified 

annualized social costs for this final rule 

are approximately $400 million at a 3 

percent discount rate, and $430 million 

at a 7 percent discount rate. Costs at a 

2 percent discount rate are estimated at 

$390 million. These private sector costs 

are presented in the Economic Analysis 

(Ref. 17), a copy of which is available 

in the docket, and are briefly 

summarized in Unit I.E. and discussed 

in Unit IV. 

This action is not subject to the 

requirements of sections 202 and 203 of 

UMRA because this action imposes no 

enforceable duty on any State, local or 

Tribal governments and does not 

significantly or uniquely affect small 

governments. This action only impacts 

only imposes enforceable duties on 

private sector entities that manufacture 

(including import), process, distribute 

in commerce, use, or dispose of 

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. As stated in Unit 

VI.D., State and local government 

entities are not engaged in the activities 

covered by this action. See also the 

discussion in Unit I.E.6. 

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. As stated in Unit VI.D., Tribal 

government entities are not engaged in 

the activities covered by this action. See 

also the discussion in Unit I.E.6. 

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 

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 understands 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 final requirements will 

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. 19) and 

summary of the health and 

environmental hazards that may be 

presented by these chemical substances 

(Ref. 24) are summarized in Unit II.E., 

with referenced documents available in 

the docket. In addition, the regulatory 

options analyzed are discussed in Unit 

III. 

Furthermore, EPA’s Policy on 

Children’s Health also applies to this 

action. Information on how the Policy 

was applied is discussed in Unit I.E.5. 

See also the other discussions about the 

risks presented by the PBT chemicals 


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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 Orders 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations and 14096: 

Revitalizing Our Nation’s Commitment 

to Environmental Justice for All 

EPA believes that it is not practicable 

to assess whether the human health or 

environmental conditions that exist 

prior to this action result in 

disproportionate and adverse effects on 

communities with EJ concerns 

consistent with Executive Order 14096 

(88 FR 25251, April 26, 2023) building 

on and supplementing Executive Order 

12898 (59 FR 7629, February 16, 1994). 

EPA’s related evaluation is summarized 

in Units I.E.4. and VI., and discussed in 

the Economic Analysis (Ref. 17) that is 

in the docket. 

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 final rule will 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. 

17), provide 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 final rule may partially delay 

addressing these impacts. EPA is 

confident that the restrictions that will 

be placed on decaBDE and PIP (3:1) 

with adoption of this final rule will 

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 

also be 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 than and some 

are comparably toxic to decaBDE and 

PIP (3:1). 

K. Congressional Review Act (CRA) 

This action is subject to the CRA, 5 

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

a rule report to each House of the 

Congress and to the Comptroller General 

of the United States. This action meets 

the criteria set forth in 5 U.S.C. 804(2). 

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 is amending 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 § 751.401 by adding 

paragraph (c) to read as follows: 

§ 751.401 General. 

* * * * * 

(c) Owner and operator requirements. 

Any requirement for an owner or 

operator or an owner and operator is a 

requirement for any individual that is 

either an owner or an operator. 

■ 3. Amend § 751.403 by adding in 

alphabetical order the definitions for 

‘‘Potentially exposed person’’ and 

‘‘Regulated area’’ to read as follows: 

§ 751.403 Definitions. 

* * * * * 

Potentially exposed person means any 

person who may be exposed to a 

chemical substance or mixture regulated 

under this subpart as a result of the use 

of that chemical or mixture. 

* * * * * 

Regulated area means an area 

established by the regulated entity to 

demarcate areas where airborne 

concentrations of a specific chemical 

substance can reasonably be expected. 

* * * * * 

■ 4. Amend § 751.405 by: 

■ a. Revising paragraphs (a)(1) and 

(a)(2)(ii); 

■ b. Adding paragraph (a)(2)(vi); 

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

and (iii); and 

■ d. Adding paragraphs (d) through (g). 

The revisions and additions read as 

follows: 

§ 751.405 DecaBDE. 

(a) * * * 

(1) General. (i) Except as provided in 

paragraphs (a)(2) and (b) of this section, 

all persons are prohibited from all 

manufacturing and processing of 

decaBDE or decaBDE-containing 

products or articles after March 8, 2021, 

and all persons are prohibited from all 

distribution in commerce of decaBDE or 

decaBDE-containing products or articles 

after January 6, 2022. 

(ii) Unless otherwise specified in this 

subpart, the prohibitions and 

restrictions of this subpart do not apply 

to products or articles containing 

decaBDE at concentrations less than 

0.1% by weight, if the decaBDE was not 

intentionally added to the product or 

article. 

(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 test and research 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 test and research reactors). 

(b) Exclusions to the Prohibition. 

Distribution in commerce and recycling 

of decaBDE-containing plastic from 

products or articles, and processing and 

distribution in commerce of decaBDEcontaining products or articles made 

from such recycled plastic, where no 

new decaBDE is added during the 

recycling or production processes is not 


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subject to the prohibition in paragraph 

(a) of this section. 

(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) Signage in Regulated Areas. (1) 

After January 21, 2025, all persons who 

process, including recycle, plastic 

shipping pallets that contain decaBDE 

must place signs at every entry point 

into the regulated area. 

(2) Each sign must show clearly, 

prominently, in multiple languages as 

appropriate, and in an easily readable 

font size the following text: 

Decabromodiphenyl ether (decaBDE) 

(CASRN 1163–19–5), a chemical that has 

been identified as a persistent, 

bioaccumulative, and toxic (PBT) chemical 

by the U.S. Environmental Protection 

Agency, may be present in this regulated 

area. All persons in this regulated area who 

recycle existing plastic shipping pallets that 

contain decaBDE are required to wear 

personal protective equipment, including 

respiratory protection that is at least as 

protective as a NIOSH-approved N95 

respirator with an assigned protection factor 

(APF) of 10 and dermal protection of gloves 

that are chemically resistant to decaBDE, per 

regulations at 40 CFR 751.405(e). 

(e) Workplace protection—(1) 

Applicability. After January 21, 2025, 

the provisions of this paragraph (e) 

apply to any workplaces engaged in 

manufacturing and processing of 

decaBDE and decaBDE-containing 

products and articles, except for those 

identified in paragraph (e)(6) of this 

section. 

(2) Regulated areas. Owners or 

operators must establish and maintain 

regulated areas as defined in 40 CFR 

751.403. 

(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 

ensure that each potentially exposed 

person is provided with a respirator 

according to the requirements of 

paragraph (e) of this section and must 

ensure that all potentially exposed 

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 that interfere 

with respirator seal or performance. 

(v) 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(b), (c)(1), (3) and (4), 

(d)(1)(iv), (f), and (g) through (l) and, as 

specified in this paragraph (e)(3) for 

potentially exposed persons to decaBDE 

during expected time of use. 

(i) For purposes of this paragraph 

(e)(3), cross-referenced provisions in 29 

CFR 1910.134 applying to an 

‘‘employee’’ apply equally to potentially 

exposed persons and cross-referenced 

provisions applying to an ‘‘employer’’ 

also apply equally to owners or 

operators. Other terms in crossreferenced provisions in 29 CFR 

1910.134 that are defined in 29 CFR 

1910.134(b) have the meaning assigned 

to them in 29 CFR 1910.134(b). 

(ii) Owners and operators must 

develop and administer a written 

respiratory protection program 

consistent with the requirements of 29 

CFR 1910.134(c)(1), (3) and (4). 

(iii) Owners and operators must select 

respiratory protection that properly fits 

each affected person and communicate 

respirator selections to each affected 

person consistent with the requirements 

of 29 CFR 1910.134(f). 

(iv) Owners and operators must 

provide, ensure use of, and maintain (in 

a sanitary, reliable, and undamaged 

condition) respiratory protection that is 

of safe design and construction for the 

applicable condition of use consistent 

with the requirements of 29 CFR 

1910.134(g) through (j). 

(v) Prior to or at the time of initial 

assignment to a job involving potential 

exposure to decaBDE, owners and 

operators must provide training to all 

persons required to use respiratory 

protection consistent with 29 CFR 

1910.134(k). 

(vi) Owners and operators must 

retrain all persons required to use PPE 

at least annually, or whenever the 

owner or operator has reason to believe 

that a previously trained person does 

not have the required understanding 

and skill to properly use PPE, or when 

changes in the workplace or in PPE to 

be used render the previous training 

obsolete. 

(vii) The type of respiratory protection 

that the owners or operator must select 

and provide to potentially exposed 

persons must be at least as protective as 

a NIOSH-approved N95 respirator (APF 

10). 

(viii) Owners and operators must 

select and provide respirators as 

required in paragraph (e)(3) of this 

section consistent with the requirements 

of 29 CFR 1910.134(d)(1)(iv), and with 

consideration of workplace and user 

factors that affect respirator performance 

and reliability. 

(ix) Owners and operators must 

ensure that respirators are used in 

compliance with the terms of the 

respirator’s NIOSH certification. 

(x) Owners and operators must 

conduct regular evaluations of the 

workplace, including consultations with 

potentially exposed persons using 

respiratory protection, consistent with 

the requirements of 29 CFR 1910.134(l), 

to ensure that the provisions of the 

written respiratory protection program 

required under paragraph (e)(3) of this 

section are being effectively 

implemented. 

(xi) The respiratory protection 

requirements in this paragraph (e)(3) 

represent the minimum respiratory 

protection requirements, such that any 

respirator affording a higher degree of 

protection than the required respirator 

may be used. 

(4) Dermal protection. (i) 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 

reasonably expected. Owners or 

operators must minimize and protect 

potentially exposed persons from 

dermal exposure in accordance with 29 

CFR 1910.132. 

(ii) Owners or operators must supply 

and require the donning of dermal PPE 

that separates and provides a barrier to 

prevent direct dermal contact with 

decaBDE in the specific work area 

where it is selected for use, selected in 

accordance with this paragraph (e)(4) 

and provided in accordance with 29 

CFR 1910.132(h), to each person who is 

reasonably likely to be dermally 

exposed in the work area through direct 

dermal contact with decaBDE. For the 

purposes of this paragraph (e)(4), 

provisions in 29 CFR 1910.132(h) 

applying to an ‘‘employee’’ also apply 

equally to potentially exposed persons, 

and provisions applying to an 

‘‘employer’’ also apply equally to 

owners or operators. 

(iii) Dermal PPE that is of safe design 

and construction for the work to be 


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performed must be provided, used, and 

maintained in a sanitary, reliable, and 

undamaged condition. Owners and 

operators must select PPE that properly 

fits each affected person and 

communicate PPE selections to each 

affected person. 

(iv) Owners or operators must provide 

training in accordance with 29 CFR 

1910.132(f) to all persons required to 

use dermal protection prior to or at the 

time of initial assignment to a job 

involving exposure to decaBDE. For the 

purposes of this paragraph (e)(4), 

provisions in 29 CFR 1910.132(f) 

applying to an ‘‘employee’’ also apply 

equally to potentially exposed persons, 

and provisions applying to an 

‘‘employer’’ also apply equally to 

owners or operators. 

(v) Owners and operators must retrain 

each person required to use dermal 

protection at least annually or whenever 

the owner or operator has reason to 

believe that a previously trained person 

does not have the required 

understanding and skill to properly use 

dermal protection, or when changes in 

the workplace or in dermal protection to 

be used render the previous training 

obsolete. 

(5) Workplace protection records. (i) 

The owner or operator of workplaces 

engaged in the manufacturing and 

processing of decaBDE and decaBDEcontaining products and articles, except 

for those identified in paragraph (e)(6) 

of this section, must retain records of: 

(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; 

(B) The basis for the regulated area as 

defined in § 751.403, including 

monitoring data and documentation of 

any controls or combination of controls 

that have reduced exposure to where 

airborne concentrations of decaBDE can 

no longer reasonably be expected 

resulting in a smaller or no regulated 

area being established; 

(C) 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 fit-testing 

and training; 

(D) The basis for the 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 

(E) 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. 

(iv) The owner or operator must 

provide potentially exposed persons 

and their designate representative an 

opportunity to observe records related 

to the basis of the PPE or another 

control measure selection, including 

potential monitoring results that are 

representative of the potentially 

exposed person’s exposure. 

(6) Exclusions. The following are not 

subject to the workplace protection 

requirements of paragraph (e) of this 

section: 

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

(ii) Recycling of decaBDE-containing 

plastic from products or articles and 

decaBDE-containing products or articles 

made from such recycled plastic, where 

no new decaBDE is added during the 

recycling or production processes, 

except for those articles 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. All 

persons intending to export decaBDEcontaining wire and cable for nuclear 

power generation facilities (including 

test and research 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 decaBDEcontaining wire and cable for nuclear 

power generation facilities. 

(g) Prohibition on releases to water. 

After January 21, 2025, all persons are 

prohibited from releasing decaBDE to 

water during manufacturing, processing, 

and distribution in commerce of 

decaBDE and decaBDE-containing 

products, and such persons are required 

to follow any applicable regulations for 

preventing the release of decaBDE. 

■ 5. Amend § 751.407 by: 

■ a. Revising paragraph (a)(1); 

■ b. Adding paragraph (a)(2) 

introductory text; 

■ c. Revising paragraph (a)(2)(iii); 

■ d. Adding paragraphs (a)(2)(iv) 

through (xi); 

■ e. Revising paragraphs (b)(1)(ii), (iii) 

and (vii); 

■ f. Adding paragraphs (b)(1)(viii) and 

(b)(2); 

■ g. Revising paragraphs (d)(1) and (3) 

and (e)(3) and (4); and 

■ h. Adding paragraphs (e)(5) and (f). 

The revisions and additions read as 

follows: 

§ 751.407 PIP (3:1). 

(a) * * * 

(1) General prohibition on processing 

and distribution in commerce. Except as 

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

this section, all persons are prohibited 

from all processing and distributing in 

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

(3:1)-containing products or articles 

after March 8, 2021. Except as provided 

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

section, the prohibitions and restrictions 

of this subpart do not apply to products 

or articles containing PIP (3:1) at 

concentrations less than 0.1 percent by 

weight, if the PIP (3:1) was not 

intentionally added to the product or 

article. 

(2) Phase-in prohibitions for specific 

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

containing products and articles. Except 

for the activities described in paragraph 

(b) of this section or where another 

phase-in prohibition with longer-term 

deadlines exists as described in this 

section: 

* * * * * 

(iii) After October 31, 2024, all 

persons are prohibited from all 

processing and distribution of PIP (3:1) 

for use in articles and all processing of 

PIP (3:1)-containing articles. After 

October 31, 2026, all persons are 

prohibited from distribution in 

commerce of PIP (3:1)-containing 

articles. 

(iv) After November 21, 2039, 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 

lubricants and greases and PIP (3:1)- 

containing lubricants and grease. 

(v) After November 21, 2039, 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 

motorized machinery, and 

manufacturing, processing, and 

distribution in commerce of PIP (3:1)- 


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containing products for use in parts for 

new motor vehicles, including heavy 

motorized machinery, and 

manufacturing and processing of PIP 

(3:1)-containing parts for such new 

vehicles. 

(vi) After November 19, 2054, 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 motorized machinery, 

and manufacturing and processing of 

PIP (3:1)-containing replacement parts 

for such vehicles. 

(vii) After November 19, 2054, 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 for 

new aerospace vehicles, and 

manufacturing and processing of PIP 

(3:1)-containing parts for such vehicles. 

(viii) After the end of the aerospace 

vehicles service lives, 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 aerospace vehicles 

and manufacturing and processing of 

PIP (3:1)-containing replacement parts 

for such vehicles. 

(ix) After November 19, 2029, 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. 

(x) After November 20, 2034, 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 

parts for new manufacturing equipment, 

including in the semiconductor 

industry, for new heating, ventilation, 

air-conditioning, refrigeration, and 

water-heating equipment, new power 

generating equipment, new laboratory 

equipment, new commercial electronic 

equipment, and the manufacturing and 

processing of PIP (3:1)-containing parts 

for those equipment. 

(xi) After the end of the 

manufacturing and laboratory 

equipment service lives, 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 

replacement parts and manufacturing 

and processing of PIP (3:1)-containing 

replacement parts for manufacturing 

equipment and laboratory equipment, 

respectively. After November 19, 2049 

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 

replacement parts and manufacturing 

and processing of PIP (3:1)-containing 

replacement parts for heating, 

ventilation, air-conditioning, 

refrigeration, and water-heating 

equipment, for power generating 

equipment, and for commercial 

electronic equipment. After November 

19, 2031 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 

replacement parts and manufacturing 

and processing of PIP (3:1)-containing 

replacement parts for consumer 

electronic equipment. 

(b) * * * 

(1) * * * 

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

greases for aerospace use and turbine 

engines, PIP (3:1)-containing products 

for use in lubricants and greases for 

aerospace use and turbine engines, and 

PIP (3:1)-containing lubricants and 

greases for aerospace use and turbine 

engines; 

(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. 

* * * * * 

(vii) Finished products or articles 

made of plastic recycled or reused from 

products or articles containing PIP (3:1), 

where no new PIP (3:1) was added 

during the production of the products or 

articles made of recycled plastic. 

(viii) Articles that contain PIP (3:1), 

and where PIP (3:1) has not been newly 

added, for the purpose of repair or 

maintenance. 

(2) Distribution in commerce of: 

(i) PIP (3:1)-containing parts for 

vehicles meeting the requirements in 

paragraphs (a)(2)(v) through (viii) of this 

section, for equipment meeting 

requirements in paragraphs (a)(2)(x) 

through (xi) of this section, and the 

vehicles and equipment that contain 

such parts. 

(ii) [Reserved] 

* * * * * 

(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. 

* * * * * 

(e) * * * 

(3) Downstream notification must 

occur by inserting the text in paragraphs 

(e)(3)(i) and (ii) of this section in the 

Safety Data Sheet (SDS) by February 19, 

2025, or by including on the label of any 

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

by May 19, 2026, the label language in 

paragraph (e)(3)(iii) of this section: 

(i) SDS Section 1(c). 

The Environmental Protection Agency 

prohibits processing and distribution of this 

chemical/product for any use other than: (1) 

In hydraulic fluids either for the aviation 

industry or to meet military specifications for 

safety and performance where no alternative 

chemical is available that meets U.S. 

Department of Defense specification 

requirements, (2) In lubricants and greases 

for aerospace and turbine uses and, for all 

other lubricant and grease uses before 

November 21, 2039, (3) circuit boards and 

wire harnesses, including but not limited to 

terminal and fuse covers, cable sleeves, 

casings, connectors and tapes, (4) As an 

intermediate in the manufacture of 

cyanoacrylate glue, (5) In specialized engine 

air filters for locomotive and marine 

applications, (6) In adhesives and sealants 

before January 6, 2025, after which use in 

adhesives and sealants is prohibited, (7) In 

new parts for motor vehicles before 

November 21, 2039 and replacement parts for 

motor vehicles before November 19, 2054, (8) 

In new parts for aerospace vehicles before 

November 19, 2054 and replacement parts for 

aerospace vehicles after the end of the 

aerospace vehicles service lives, (9) In marine 

antifouling coating products that are 

registered under the Federal Insecticide, 

Fungicide, and Rodenticide Act and that 

meet U.S. Department of Defense 

specification requirements before November 

19, 2029, (10) In new manufacturing 

equipment, new products or articles in the 

semiconductor industry, for new heating, 


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91518 Federal Register / Vol. 89, No. 223 / Tuesday, November 19, 2024 / Rules and Regulations 

ventilation, air-conditioning, refrigeration, 

and water-heating equipment, new power 

generating equipment, new laboratory 

equipment, new commercial electronic 

equipment, and new consumer electronic 

equipment before November 20, 2034, (11) 

replacement parts for manufacturing and 

laboratory equipment after the end of the 

equipment’s service life, (12) replacement 

parts for heating, ventilation, airconditioning, refrigeration, and water-heating 

equipment, for power generating equipment, 

and for commercial electronic equipment 

before November 19, 2049, (13) replacement 

parts for consumer electronic equipment 

before November 19, 2031, (14) in other 

articles before October 31, 2024, after which 

use in articles other than those with later 

phase-in prohibition dates or exclusions is 

prohibited. In addition, all persons are 

prohibited from releasing PIP (3:1) to water 

during manufacturing, processing, and 

distribution in commerce, and must follow 

all existing regulations and best practices to 

prevent the release of PIP (3:1) to water 

during the commercial use of PIP (3:1). 

(ii) SDS Section 15. 

The Environmental Protection Agency 

prohibits processing and distribution of this 

chemical/product for any use other than: (1) 

In hydraulic fluids either for the aviation 

industry or to meet military specifications for 

safety and performance where no alternative 

chemical is available that meets U.S. 

Department of Defense specification 

requirements, (2) In lubricants and greases 

for aerospace and turbine uses and lubricants 

and, for all other lubricant and grease uses 

before November 21, 2039, (3) circuit boards 

and wire harnesses, including but not limited 

to terminal and fuse covers, cable sleeves, 

casings, connectors and tapes, (4) As an 

intermediate in the manufacture of 

cyanoacrylate glue, (5) In specialized engine 

air filters for locomotive and marine 

applications, (6) In adhesives and sealants 

before January 6, 2025, after which use in 

adhesives and sealants is prohibited, (7) In 

new parts for motor vehicles before 

November 21, 2039 and replacement parts for 

motor vehicles before November 19, 2054, (8) 

In new parts for aerospace vehicles before 

November 19, 2054 and replacement parts for 

aerospace vehicles after the end of the 

aerospace vehicles service lives, (9) In marine 

antifouling coating products that are 

registered under the Federal Insecticide, 

Fungicide, and Rodenticide Act and that 

meet U.S. Department of Defense 

specification requirements before November 

19, 2029, (10) In new manufacturing 

equipment, new products or articles in the 

semiconductor industry, for new heating, 

ventilation, air-conditioning, refrigeration, 

and water-heating equipment, new power 

generating equipment, new laboratory 

equipment, new commercial electronic 

equipment, and new consumer electronic 

equipment before November 20, 2034, (11) 

replacement parts for manufacturing and 

laboratory equipment after the end of the 

equipment’s service life, (12) replacement 

parts for heating, ventilation, airconditioning, refrigeration, and water-heating 

equipment, for power generating equipment, 

and for commercial electronic equipment 

before November 19, 2049, (13) replacement 

parts for consumer electronic equipment 

before November 19, 2031, (14) in other 

articles before October 31, 2024, after which 

use in articles other than those with later 

phase-in prohibition dates or exclusions is 

prohibited. In addition, all persons are 

prohibited from releasing PIP (3:1) to water 

during manufacturing, processing, and 

distribution in commerce, and must follow 

all existing regulations and best practices to 

prevent the release of PIP (3:1) to water 

during the commercial use of PIP (3:1). 

(iii) Labeling. 

The Environmental Protection Agency 

prohibits processing and distribution of this 

chemical/product for any use other than: (1) 

In hydraulic fluids either for the aviation 

industry or to meet military specifications for 

safety and performance where no alternative 

chemical is available that meets U.S. 

Department of Defense specification 

requirements, (2) In lubricants and greases 

for aerospace and turbine uses and, for all 

other lubricant and grease uses before 

November 21, 2039, (3) circuit boards and 

wire harnesses, including but not limited to 

terminal and fuse covers, cable sleeves, 

casings, connectors and tapes, (4) As an 

intermediate in the manufacture of 

cyanoacrylate glue, (5) In specialized engine 

air filters for locomotive and marine 

applications, (6) In adhesives and sealants 

before January 6, 2025, after which use in 

adhesives and sealants is prohibited, (7) In 

new parts for motor vehicles before 

November 21, 2039 and replacement parts for 

motor vehicles before November 19, 2054, (8) 

In new parts for aerospace vehicles before 

November 19, 2054 and replacement parts for 

aerospace vehicles after the end of the 

aerospace vehicles service lives, (9) In marine 

antifouling coating products that are 

registered under the Federal Insecticide, 

Fungicide, and Rodenticide Act and that 

meet U.S. Department of Defense 

specification requirements before November 

19, 2029, (10) In new manufacturing 

equipment, new products or articles in the 

semiconductor industry, for new heating, 

ventilation, air-conditioning, refrigeration, 

and water-heating equipment, new power 

generating equipment, new laboratory 

equipment, new commercial electronic 

equipment, and new consumer electronic 

equipment before November 20, 2034, (11) 

replacement parts for manufacturing and 

laboratory equipment after the end of the 

equipment’s service life, (12) replacement 

parts for heating, ventilation, airconditioning, refrigeration, and water-heating 

equipment, for power generating equipment, 

and for commercial electronic equipment 

before November 19, 2049, (13) replacement 

parts for consumer electronic equipment 

before November 19, 2031, (14) in other 

articles before October 31, 2024, after which 

use in articles other than those with later 

phase-in prohibition dates or exclusions is 

prohibited. In addition, all persons are 

prohibited from releasing PIP (3:1) to water 

during manufacturing, processing, and 

distribution in commerce, and must follow 

all existing regulations and best practices to 

prevent the release of PIP (3:1) to water 

during the commercial use of PIP (3:1). 

(4) Any downstream notification that 

occurs under paragraph (e) of this 

section between February 19, 2025 and 

May 19, 2026, must include a safety 

data sheet with the language in 

paragraphs (e)(3)(i) and (ii) of this 

section unless distributing products 

with labels reflecting the language in 

paragraph (e)(3)(iii) of this section. 

(5) The downstream notification 

requirements in paragraph (e) of this 

section do not apply to the activities 

described in paragraphs (b)(1)(vi) and 

(vii) of this section. 

(f) Workplace protection—(1) 

Applicability. After January 21, 2025, 

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 for those identified 

in paragraph (f)(7) of this section. 

(2) Regulated areas. Owners or 

operators must establish and maintain 

regulated areas as defined in § 751.403. 

(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 

ensure each potentially exposed person 

is provided with a respirator according 

to the requirements of paragraph (f) of 

this section and must ensure that all 

potentially exposed 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 that interfere 

with respirator seal or performance. 

(v) 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(b), (c)(1), (3) and (4), 

(d)(1)(iv), (f), and (g) through (l) and as 

specified in this paragraph (f)(3) for 

potentially exposed persons to PIP (3:1) 

during expected time of use. 


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Federal Register / Vol. 89, No. 223 / Tuesday, November 19, 2024 / Rules and Regulations 91519 

(i) For purposes of this paragraph 

(f)(3), cross-referenced provisions in 29 

CFR 1910.134 applying to an 

‘‘employee’’ apply equally to potentially 

exposed persons and cross-referenced 

provisions applying to an ‘‘employer’’ 

also apply equally to owners or 

operators. Other terms in crossreferenced provisions in 29 CFR 

1910.134 that are defined in 29 CFR 

1910.134(b) have the meaning assigned 

to them in 29 CFR 190.134(b). 

(ii) Owners and operators must 

develop and administer a written 

respiratory protection program 

consistent with the requirements of 29 

CFR 1910.134(c)(1), (3) and (4). 

(iii) Owners and operators must select 

respiratory protection that properly fits 

each affected person and communicate 

respirator selections to each affected 

person consistent with the requirements 

of 29 CFR 1910.134(f). 

(iv) Owners and operators must 

provide, ensure use of, and maintain (in 

a sanitary, reliable, and undamaged 

condition) respiratory protection that is 

of safe design and construction for the 

applicable condition of use consistent 

with the requirements of 29 CFR 

1910.134(g) through (j). 

(v) Prior to or at the time of initial 

assignment to a job involving potential 

exposure to PIP (3:1) owners and 

operators must provide training to all 

persons required to use respiratory 

protection consistent with 29 CFR 

1910.134(k). 

(vi) Owners and operators must 

retrain all persons required to use PPE 

at least annually, or whenever the 

owner or operator has reason to believe 

that a previously trained person does 

not have the required understanding 

and skill to properly use PPE, or when 

changes in the workplace or in PPE to 

be used render the previous training 

obsolete. 

(vii) The type of respiratory protection 

that the owner or operator 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 paragraphs (f)(3)(viii) 

and (ix) of this section. 

(viii) The type of respiratory 

protection that owners or operators 

must select and provide to potentially 

exposed persons 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. 

(ix) The type of respiratory protection 

that owners or operators 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)(7)(iii) of this section). 

(x) Owners and operators must select 

and provide respirators as required in 

paragraph (f)(3) of this section 

consistent with the requirements of 29 

CFR 1910.134(d)(1)(iv), and with 

consideration of workplace and user 

factors that affect respirator performance 

and reliability. 

(xi) Owners and operators must 

ensure that respirators are used in 

compliance with the terms of the 

respirator’s NIOSH certification. 

(xii) Owners and operators must 

conduct regular evaluations of the 

workplace, including consultations with 

potentially exposed persons using 

respiratory protection, consistent with 

the requirements of 29 CFR 1910.134(l), 

to ensure that the provisions of the 

written respiratory protection program 

required under paragraph (f)(3) of this 

section are being effectively 

implemented. 

(xiii) The respiratory protection 

requirements in this paragraph (f)(3) 

represent the minimum respiratory 

protection requirements, such that any 

respirator affording a higher degree of 

protection than the required respirator 

may be used. 

(4) Dermal protection. (i) 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 

reasonably expected. Owners or 

operators must minimize and protect 

potentially exposed persons from 

dermal exposure in accordance with 29 

CFR 1910.132. 

(ii) Owners or operators must supply 

and require the donning of dermal PPE 

that separates and provides a barrier to 

prevent direct dermal contact with PIP 

(3:1) in the specific work area where it 

is selected for use, selected in 

accordance with this paragraph (f)(4) 

and provided in accordance with 29 

CFR 1910.132(h), to each person who is 

reasonably likely to be dermally 

exposed in the work area through direct 

dermal contact with PIP (3:1) For the 

purposes of this paragraph (f)(4), 

provisions in 29 CFR 1910.132(h) 

applying to an ‘‘employee’’ also apply 

equally to potentially exposed persons, 

and provisions applying to an 

‘‘employer’’ also apply equally to 

owners or operators. 

(iii) Dermal PPE that is of safe design 

and construction for the work to be 

performed must be provided, used, and 

maintained in a sanitary, reliable, and 

undamaged condition. Owners and 

operators must select PPE that properly 

fits each affected person and 

communicate PPE selections to each 

affected person. 

(iv) Owners or operators must provide 

training in accordance with 29 CFR 

1910.132(f) to all persons required to 

use dermal protection prior to or at the 

time of initial assignment to a job 

involving exposure to PIP (3:1). For the 

purposes of this paragraph (f)(4), 

provisions in 29 CFR 1910.132(f) 

applying to an ‘‘employee’’ also apply 

equally to potentially exposed persons, 

and provisions applying to an 

‘‘employer’’ also apply equally to 

owners or operators. 

(v) Owners and operators must retrain 

each person required to use dermal 

protection at least annually or whenever 

the owner or operator has reason to 

believe that a previously trained person 

does not have the required 

understanding and skill to properly use 

dermal protection, or when changes in 

the workplace or in dermal protection to 

be used render the previous training 

obsolete. 

(5) 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. 

(6) Workplace protection records. (i) 

Owners or operators subject to 

requirements described in this section 

must retain records of: 

(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 be present, and the type of 

PPE selected to be worn by each of these 

persons; 

(B) The basis for the regulated area as 

defined in § 751.403, including 

monitoring data and documentation of 

any controls or combination of controls 

that have reduced exposure to where 

airborne concentrations of PIP (3:1) can 

no longer reasonably be expected 

resulting in a smaller or no regulated 

area being established; 

(C) 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 fit-testing and training; 


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91520 Federal Register / Vol. 89, No. 223 / Tuesday, November 19, 2024 / Rules and Regulations 

(D) 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); 

(E) Appropriately sized PPE and 

training on proper application, wear, 

and removal of PPE, and proper care/ 

disposal of PPE; and 

(F) For owners and operators using 

PIP (3:1) as an intermediate processing 

aid in the manufacturing of 

cyanoacrylate adhesives, compliance 

with paragraph (f)(5) of this section. 

(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. 

(iv) The owner or operator must 

provide potentially exposed persons 

and their designated representative an 

opportunity to observe records related 

to the basis of the PPE or another 

control measure selection, including 

potential monitoring results that is 

representative of the potentially 

exposed person’s exposure. 

(7) Exclusions. The following are not 

subject to the workplace protection 

requirements of paragraph (f) of this 

section: 

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

containing products and articles. 

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

adhesives and sealants, specialized 

engine filters for locomotive and marine 

applications, and the products or 

articles described in paragraphs 

(b)(1)(vi) and (vii) of this section. 

(iii) Processing of PIP (3:1)-containing 

new and replacement parts to which PIP 

(3:1) has been added for motor and 

aerospace vehicles and for 

manufacturing, HVAC, refrigeration and 

water heating equipment, electric and 

electronic equipment, and power 

generating equipment and the motor 

and aerospace vehicles, manufacturing, 

HVAC, refrigeration and water heating 

equipment, electric and electronic 

equipment, and power generating 

equipment that contain new and 

replacement parts to which PIP (3:1) has 

been added. 

(iv) 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 provisions of paragraphs (f)(3) and 

(4) of this section. 

[FR Doc. 2024–25758 Filed 11–18–24; 8:45 am] 

BILLING CODE 6560–50–P 


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