EPA Tightens the Grip on DecaBDE and PIP 3:1: What Manufacturers Need to Know

In a move to further protect workers and communities from hazardous chemicals, the Environmental Protection Agency (EPA) has proposed a series of revisions to existing regulations for two persistent, bioaccumulative, and toxic (PBT) chemicals: decabromodiphenyl ether (decaBDE) and phenol, isopropylated, phosphate (3:1), also known as PIP (3:1). These revisions, if finalized, will significantly impact various manufacturing industries that rely on these chemicals in their processes and products.

Changes Proposed for DecaBDE:
This flame retardant finds its way into a diverse range of products, including textiles, plastics, and polyurethane foam. Manufacturers across these industries must be prepared for potential restrictions and adjustments to their sourcing and production methods as rulings are adjusted from the 2021 PBT decisions.

• Enhanced Worker Protections: The proposed rule requires the use of personal protective equipment (PPE) for specific activities involving decaBDE and products containing it. This will necessitate increased training and compliance efforts for manufacturers handling or processing these materials.
• Environmental Safeguards: The EPA aims to minimize environmental releases by prohibiting discharges of decaBDE into water during manufacturing, processing, and distribution. Manufacturers must carefully assess their current practices and implement necessary measures to comply with these stricter regulations.
• Export Notifications: For decaBDE wire and cable destined for nuclear power facilities, exporters will now be required to notify the EPA. This additional administrative step adds an extra layer of oversight and control over the use of this potentially harmful material.
• Labeling Requirements: Existing plastic shipping pallets containing decaBDE will need to be clearly labeled, ensuring greater transparency and awareness of this chemical's presence. This will be particularly relevant for manufacturers and distributors handling these pallets within their supply chains. The EPA is specifically looking for public comments on requiring multi-lingual label formats for these concerns.

Changes Proposed for PIP (3:1):
This compound serves various purposes, acting as a plasticizer, flame retardant, anti-wear additive, and anti-compressibility additive. Its applications span numerous industries, including those involved in hydraulic fluids, lubricants, greases, industrial coatings, consumer electronics, and industrial equipment. Manufacturers relying on PIP (3:1) in their processes need to stay aware of the evolving regulatory landscape and recognize this new changes post the 2021 PBT ruling.

• Enhanced Worker Protections: Similar to decaBDE, the proposed rule mandates PPE for workers engaged in the manufacturing and processing of PIP (3:1). This requirement applies to both the substance itself and products containing it.
• Additional Controls for Specific Applications: When used as an intermediate in the production of cyanoacrylate adhesives, PIP (3:1) will necessitate the implementation of engineering controls and specific PPE, including chemically resistant gloves and NIOSH-approved respirators. Manufacturers involved in this specific application need to prepare for these stricter safety protocols.

The EPA emphasizes the importance of these revisions in safeguarding workers and communities from potentially harmful exposures to PBT chemicals. By tightening the regulations around decaBDE and PIP (3:1), the agency aims to mitigate the long-term risks associated with these persistent and bioaccumulative substances.

Timeline and Opportunities for Input:
The proposed rule is currently open for public comments until January 8, 2024. Manufacturers and other stakeholders can submit their feedback and concerns to the EPA through the official docket channels. This presents a valuable opportunity to influence the final regulations and ensure their practicality and feasibility within the manufacturing context.

If you would like to learn even more about the rule changes in order to develop your comments, the EPA will be hosting a public webinar on December 14, 2023 at 2:00 PM ET.

How to Prepare for Chemical Changes:
The proposed revisions to the decaBDE and PIP (3:1) regulations represent significant changes for various manufacturing industries. Manufacturers are encouraged to closely review the proposed rule, assess its potential impact on their operations, and consider the following steps:

• Stay Informed: Continuously monitor updates and official communications from the EPA regarding the proposed rule and its progress.
• Conduct Internal Assessments: Evaluate existing processes and identify areas where decaBDE or PIP (3:1) are used.
• Explore Alternatives: Research and evaluate potential substitutes for decaBDE and PIP (3:1) that comply with the proposed regulations and maintain product quality.
• Implement Compliance Measures: Develop and implement strategies to comply with the new PPE requirements, environmental safeguards, and labeling obligations.
• Engage With the EPA: Submit comments and concerns during the public comment period to share your perspective and influence the final regulations.

By taking proactive steps and actively engaging with the regulatory process, manufacturers can navigate the changes ahead and ensure continued compliance while protecting their workers and the environment. Our team here at Clarion Safety is standing by for guidance on labeling for these rule changes, and we encourage you to browse our available online collections of PPE labels, chemical labels, and other visual safety warnings.

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