The United States’ Environmental Protection Agency (EPA) has proposed 40 CFR 751.401-751.411 to prohibit products and articles containing DecaBDE, PCTP or PIP (3:1) and prohibit in commerce for some uses of 2,4,6-TTBP. These chemicals are persistent, bioaccumulative and toxic. The key points of the proposal are as follows:

Prohibition

1. All persons shall be prohibited from manufacturing, processing and distributing in commerce products or articles containing PCTP > 1 % by weight, DecaBDE or PIP (3:1).

All persons shall be prohibited from distributing in commerce 2,4,6-TTBP in containers with a volume less than 55 gallons.

All persons shall be prohibited from processing and distributing in commerce 2,4,6-TTBP for use as an oil and lubricant additive.

2. Exceptions to DecaBDE prohibition:

a) Processing and distribution in commerce for recycling of plastic from products or articles containing DecaBDE, ｗｈｅｒｅ no new DecaBDE is added during the recycling process

b) Processing and distribution in commerce of DecaBDE in finished products or articles made of plastic recycled from products or articles containing DecaBDE, ｗｈｅｒｅ no new DecaBDE was added during the production of the products or articles made of recycled plastic

c) 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

d) Manufacture, processing, and distribution in commerce of DecaBDE for use in replacement parts for automobiles and other motor vehicles and aircraft and aerospace vehicles, and the replacement parts, to which DecaBDE has been added, for such vehicles

e) Manufacture, processing and distribution in commerce of DecaBDE for use in parts installed in and sold as part of new aerospace vehicles, and the parts to which DecaBDE has been added for such vehicles.

3. Exceptions to PIP (3:1) prohibition:

a) Processing and distribution in commerce of PIP (3:1)-containing products for use in aviation hydraulic fluid

b) Processing and distribution in commerce of PIP (3:1)-containing products for use in lubricants and greases

c) Processing and distribution in commerce of PIP (3:1)-containing products for use in new and replacement parts for automobiles and other motor vehicles, and distribution in commerce of the new and replacement parts to which PIP (3:1) has been added for such vehicles

Record keeping requirements

Persons who manufacture, process or distribute in commerce non-prohibited products or articles containing PCTP, DecaBDE, PIP (3:1) or 2,4,6-TTBP shall maintain ordinary business records, such as invoices and bills-of-lading, that demonstrate compliance with the restrictions. These records shall be maintained for 3 years from the date when the record is generated. The record keeping requirement shall not apply to products and articles stated in Point 2 a) and b).

Note:

• DecaBDE: Decabromodiphenyl ether (CAS No. 1163-19-5)
• PCTP: Pentachlorothiophenol (CAS No. 133-49-3)
• PIP (3:1): Phenol, isopropylated phosphate (3:1), also known as tris(4-isopropylphenyl) phosphate (CAS No. 68937-41-7)
• 2,4,6-TTBP: 2,4,6-tris(tert-butyl)phenol (CAS No. 732–26–3)

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