TSCA RESTRICTIONS OF 5 PBT SUBSTANCES IN PRODUCTS

The US Toxic Susbtances Control Act (TSCA) addresses hazardous chemicals in liquids, mixtures, and articles/products. Here is the curent TSCA restrictions in products.

What Action is the EPA Taking?

First, the Frank R. Lautenberg Chemical Safety for the 21st Century Act has initiated the US Toxic Substances Control Act (TSCA) reform.

According to this reform, the federal Environmental Protection Agency (EPA) must take action on particular chemical substances identified as persistent, bioaccumulative, and toxic (PBT).

As a result, after thorough Federal TSCA Work Plan for Chemical Assessments, the EPA has decided to restrict the use of the following five substances in products (ref. 40 CFR Part 751):

PIP (3:1), or Phenol, Isopropylated Phosphate (3:1);
DecaBDE, or Decabromodiphenyl Ether. DecaBDE is also one of the PBDEs restricted under RoHS;
PCTP, or Pentachlorothiophenol;
2,4,6-TTBP, or 2,4,6-tris(tert-butyl)phenol;
HCBD, or Hexachlorobutadiene. The EU Persistent Organic Pollutants (POP) regulation also rules HCBD.

The TSCA Restrictions of Substances in Products

The following table portrays substances currently regulated by the US EPA, under the TSCA:

Substance Name (Short Form)	CAS_RN_#_	Where Used (Examples)	Restriction in Products (Simplified)	Effective Dates (Simplified)	*
PIP (3:1)	68937-41-7	Plasticizer and flame retardant in plastics (PVC and others), and resins In adhesives and sealants Functional fluids in aircraft and industrial machinery	Restriction of the manufacture in products and articles (0.1% w/w) (including import) and processing; Exemptions apply to the general prohibition. For example in circuit boards and wire harnesses, lubricants and greases for aerospace use and turbine engines, some recycled plastics, or some aerospace, automotive, or military applications (see the next section for more details); Obligation to inform customers via Safety Data Sheet (SDS) or labeling; Five-year recordkeeping requirements.	October 31, 2024. However, different compliance dates apply to exemptions (see the next section for more details).
DecaBDE	1163-19-5	Flame retardant in: Wires, cables, and rubber casings Electronic equipment casings Building and construction materials	Restriction of the manufacture in products and articles (0.1% w/w) (including import) and processing; Some exemptions to the prohibition apply, for example to recycled plastics; Five-year recordkeeping requirements.	March 8, 2021. However, different compliance dates apply to exemptions.
PCTP	133-49-3	Rubber products	Concentration limit of 1% w/w in articles; Recordkeeping of products and articles containing PCTP.	March 8, 2021
2,4,6-TTBP	732-26-3	Fuel, oil, and lubricant additive Fuel injector cleaner	Concentration limit of 0.3% w/w: in any containers below 35 gallons; as an oil or lubricant additive in any container size.	January 6, 2026
HCBD	87-68-3	Production of solvents	Prohibition of the manufacture in products and articles (including import) and processing; Possible exemptions to unintentional production of HCBD as a byproduct; Recordkeeping requirements.	March 8, 2021

*Reference: 89 FR 91486

The TSCA Restrictions - Revisions to PBT Rules for DecaBDE and PIP (3:1)

The 2024 amended rule introduces several important changes impacting the electronics industry. Key updates include:

The prohibitions of PIP (3:1) and DecaBDE no longer apply to products or articles containing these substances at concentrations below 0.1% by weight, as long as the substances were not intentionally added.
Distribution of PIP (3:1)-containing articles: While the use and processing of PIP (3:1) are banned as of October 31, 2024, distribution of articles containing PIP (3:1) is allowed until October 31, 2026.
Permanent exclusion for PIP (3:1) in circuit boards and wire harnesses: This exemption includes items like:
- cable sleeves
- casings
- connectors
- fuse covers
- tapes, and
- terminal.

This limits the TSCA PIP (3:1) restriction to PCB and cable assemblies. However, enclosures, fasteners, motors, pumps, and other non-PCB components remain within scope.

The Grace Periods for PIP (3:1) in Electronics

From 2024:

Consumer electronics replacement parts: a 7-year grace period.
Exemptions for new manufacturing equipment: a 10-year phase-in exemption applies to new parts in:
- Semiconductor manufacturing,
- HVAC,
- Refrigeration,
- Water heating,
- Power generation, and
- Laboratory and commercial electronics.
- Additionally, replacement parts with PIP (3:1) are permitted for the full-service life of these products or up to 25 years.

Lubricants and grease exclusions narrowed: PIP (3:1) in lubricants and grease is now only exempt when used in aerospace and turbine applications, with a 15-year grace period for other uses.

PIP (3:1) for the Automotive and Aeropace Industries

Also from 2024:

Changes to motor vehicle parts exemption: The previous exclusion has been replaced with a non-permanent exemption, lasting 15 years for parts in new vehicles (including heavy motorized machinery) and 30 years for replacement parts.
Aerospace manufacturing exemption: The prior exclusion has been replaced with a 30-year exemption for parts in new aerospace vehicles. However, aerospace manufacturers may benefit from longer grace periods for replacement parts due to the industry’s long product life cycles.

Should you have any questions on the TSCA new PBT restrictions in products or need to assess products…

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