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EPA/OCSPP RIN: 2070-AK34 Publication ID: Spring 2020 
Title: Decabromodiphenyl Ether (DecaBDE); Regulation of Persistent, Bioaccumulative, and Toxic Chemicals Under TSCA Section 6(h) 

Section 6(h) of the Toxic Substances Control Act (TSCA) directs EPA to issue regulations under section 6(a) for certain persistent, bioaccumulative, and toxic chemical substances that were identified in the 2014 update of the TSCA Work Plan. EPA is selecting among the available prohibitions and other restrictions in TSCA section 6(a), in order to address risks of injury to health or the environment that the Administrator determines are presented by the chemical substances and reduce exposure to the chemical substances to the extent practicable. Since the statute states that a risk evaluation is not required for these chemical substances under TSCA section 6(h), EPA developed an exposure and use assessment. EPA intends to take final action on all of the chemicals that were addressed in the proposed rule that published on July 29, 2019 (i.e., the following persistent, bioaccumulative, and toxic chemicals identified in TSCA section 6(h): decabromodiphenyl ether; phenol, isopropylated phosphate (3:1), also known as tris(4-isopropylphenyl) phosphate; 2,4,6-tris(tert-butyl)phenol; pentachlorothiophenol; and hexachlorobutadiene). Although addressed in a single proposed rule, EPA intends to issue separate final actions. As such, the original Regulatory Agenda entry (RIN 2070-AK34) was split into five separate Regulatory Agenda entries. This particular entry is for decabromodiphenyl ether (DecaBDE). DecaBDE is a flame retardant that has been widely used in textiles, plastics, adhesives and polyurethane foam. EPA proposed to prohibit the manufacture (including import), processing, and distribution in commerce of DecaBDE, and articles and products to which DecaBDE has been added with several exceptions, and proposed to require affected persons to maintain, for three years from the date the record is generated, ordinary business records that demonstrate compliance with the restrictions, prohibitions, and other requirements. For information about the other chemical substances, see the Regulatory Agenda entries identified as RIN 2070-AK58 (phenol, isopropylated phosphate (3:1), also known as tris(4-isopropylphenyl) phosphate); RIN 2070-AK59 (2,4,6-tris(tert-butyl)phenol); RIN 2070-AK60 (pentachlorothiophenol); and hexachlorobutadiene (RIN 2070-AK61).

Agency: Environmental Protection Agency(EPA)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
EO 13771 Designation: Regulatory 
CFR Citation: 40 CFR 751   
Legal Authority: 15 U.S.C. 2605 TSCA 6   
Legal Deadline:
Action Source Description Date
NPRM  Statutory  TSCA section 6(h)  06/21/2019 
Final  Statutory  TSCA section 6(h)  12/22/2020 
Action Date FR Cite
NPRM  07/29/2019  84 FR 36728   
Final Rule  12/00/2020 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Information URL:  
RIN Data Printed in the FR: No 
Related RINs: Related to 2070-AK58, Related to 2070-AK59, Related to 2070-AK60, Related to 2070-AK61 
Agency Contact:
Cindy Wheeler
Environmental Protection Agency
Office of Chemical Safety and Pollution Prevention
1200 Pennsylvania Avenue NW, Mail Code 7404M,
Washington, DC 20460
Phone:202 566-0484

Peter Gimlin
Environmental Protection Agency
Office of Chemical Safety and Pollution Prevention
1200 Pennsylvania Avenue NW, Mail Code 7404M,
Washington, DC 20460
Phone:202 566-0515
Fax:202 566-0473