by John J. Kowalski, CHMM
Section 6(h) of the Toxic Substances Control Act (TSCA)
directs the U.S. Environmental Protection Agency (EPA or the Agency) to issue final rules under TSCA Section 6(a) on certain persistent, bioaccumulative, and toxic (PBT) chemical substances. On July 29, 2019, EPA published a proposed rule to address five PBT chemicals. See our previous article entitled “EPA Proposes to Regulate Certain PBT Chemicals” for additional information regarding the proposed rule.
On January 6, 2021, the Agency published five separate final rules to regulate the PBT chemicals listed in the table below.
| Abbreviation | Chemical Name | CASRN |
| 2,4,6-TTBP | 2,4,6-Tris(tert-butyl)phenol | 732-26-3 |
| DecaBDE | Decabromodiphenyl ether | 1163-19-5 |
| PCTP | Pentachlorothiophenol | 133-49-3 |
| PIP (3:1) | Phenol, isopropylated, phosphate (3:1) | 68937-41-7 |
| HCBD | Hexachlorobutadiene | 87-68-3 |
The final rules, which are effective February 5, 2021, will be codified at 40 CFR Part 751, Subpart E.
You may be affected by these final rules if you manufacture, import, process, distribute in commerce, or commercially use any of the PBT chemicals listed in the table above or products containing these chemicals. These chemicals, and products containing these chemicals, may also be subject to the export notification requirements under TSCA Section 12(b).
Recommended Action Items
- Review the final rules; and
- Continue to watch this space, as we frequently post articles regarding significant new developments under TSCA.
References
Environmental Protection Agency. “2,4,6-tris(tert-butyl)phenol (2,4,6-TTBP); Regulation of Persistent, Bioaccumulative, and Toxic Chemicals Under TSCA Section 6(h).” Federal Register 86 (6 January 2021): 866-880. 2020-28690.pdf (govinfo.gov)
Environmental Protection Agency. “Decabromodiphenyl Ether (DecaBDE); Regulation of Persistent, Bioaccumulative, and Toxic Chemicals Under TSCA Section 6(h).” Federal Register 86 (6 January 2021): 880-894. 2020-28686.pdf (govinfo.gov)
Environmental Protection Agency. “Phenol, Isopropylated Phosphate (3:1) (PIP 3:1); Regulation of Persistent, Bioaccumulative, and Toxic Chemicals Under TSCA Section 6(h).” Federal Register 86 (6 January 2021): 894-911. 2020-28692.pdf (govinfo.gov)
Environmental Protection Agency. “Pentachlorothiophenol (PCTP); Regulation of Persistent, Bioaccumulative, and Toxic Chemicals Under TSCA Section 6(h).” Federal Register 86 (6 January 2021): 911-922. 2020-28689.pdf (govinfo.gov)
Environmental Protection Agency. “Hexachlorobutadiene (HCBD); Regulation of Persistent, Bioaccumulative, and Toxic Chemicals Under TSCA Section 6(h).” Federal Register 86 (6 January 2021): 922-932. 2020-28693.pdf (govinfo.gov)
Keywords
United States, EPA, TSCA, PBT Chemicals
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