View Rule

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. 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).