Understanding EPA’s PBT Rules and Actions Is Vital for Compliance

Under the authority of the Toxic Substances Control Act (TSCA), the U.S. Environmental Protection Agency (EPA) issued its final rules for five persistent, bioaccumulative, and toxic (PBT) chemicals on January 6, 2021.  These rules impact the following chemicals:  decabromodiphenyl ethers (DecaBDE); phenol, isopropylated, phosphate (3:1) (PIP (3:1)); 2,4,6-Tris(tert-butyl)phenol (2,4,6-TTBP); pentachlorothiophenol (PCTP); and hexachlorobutadiene (HCBD).  Each of these rules has certain prohibitions, restrictions, and exclusions.* 

We have been reading about what others are saying these final rules permit and prohibit.  In light of those interpretations, we strongly recommend that you contact your trusted TSCA counsel to ensure that your understanding of these five rules is consistent with the regulatory text, the preambles establishing those regulations, and EPA’s response to public comments.  Possessing an incorrect understanding of these rules could result in an EPA enforcement action that carries with it a penalty of $41,056/day per violation.  Taking a little additional time now to understand these actions could save you significant time and resources in the future.

*Earlier this month, EPA also announced a No Action Assurance for PIP (3:1) and a 60-day comment period for all five rules. 

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