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The US Environmental Protection Agency (EPA) published five final rules in January 2021 that cover five persistent, bioaccumulative and toxic (PBT) chemicals.

The chemicals and their uses are:

  • 2,4,6-Tris(tert-butyl)phenol (2,4,6-TTBP) – an antioxidant in fuel additives and fuel injector cleaners as well as an additive in oil and lubricants
  • Decabromodiphenyl ether (DecaBDE) – a flame retardant with applications in wire and cable rubber casings, textiles, electronic equipment casings, building and construction materials, and imported articles such as aerospace and automotive parts
  • Phenol, isopropylated phosphate (3:1) (PIP 3:1) – a flame retardant in plastics and as a functional fluid in aircraft and industrial machinery
  • Pentachlorothiophenol (PCTP) – a substance with applications in the rubber industry
  • Hexachlorobutadiene (HCBD) – a solvent in rubber manufacturing and in hydraulic, heat transfer or transformer fluid

The final rules were published in the Federal Register (86 FR 866-932) on January 6, 2021. They amend Subpart E – Persistent, Bioaccumulative, and Toxic Chemicals to 40 CFR 751 on Regulations of Certain Chemical Substances and Mixtures Under Section 6 of the Toxic Substances Control Act (TSCA).

The revisions include a variety of provisions of which stakeholders should be aware. These include restrictions, prohibitions, record-keeping requirements, phase-in prohibitions for specific uses of DecaBDE and DecaBDE-containing products or articles, phase-in prohibitions for specific uses of PIP (3:1) and PIP (3:1)-containing products and articles, exemptions as well as downstream notifications for safety data sheets (SDSs) or the labeling of PIP (3:1) and PIP (3:1)-containing products.

The final rules came into effect on February 5, 2021. Stakeholders should review the original SGS SafeGuard 019/21 to learn more about the specifics of each final rule.

SGS Chemical Testing

SGS offers a comprehensive range of testing services to help manufacturers and suppliers ensure their products are safe and comply with national and international regulations concerning harmful chemicals. Learn more about SGS Chemical Testing Services. [www.sgs.com/en/consumer-goods-retail/hardgoods/diy-tools-and-hardware/testing/chemicals-testing]

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HingWo Tsang

Global Information and Innovation Manager

Tel: (+852) 2774 7420

Email: crs.media@sgs.com

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