美国EPA发布最终规则禁止物品中含有DecaBDE，HCBD和其它有毒化学品

US EPA Published Final Rule to Prohibit Articles Containing DecaBDE, HCBD and Some Other Toxic Chemicals

2021-01-25 Reading format 中文 Subscribe +

The United States’ Environmental Protection Agency (EPA) has published Final Rule on 40 CFR 751.401-751.413 to prohibit products and articles containing DecaBDE, PCTP, PIP (3:1), HCBD and 2,4,6-TTBP, which are persistent, bioaccumulative and toxic. The provisions shall be phased in from 8 March 2021.

Chemical name	Prohibitions	Exemptions
Decabromodiphenyl ether (DecaBDE) CAS No. 1163-19-5	1. Except as provided in paragraphs 2, manufacturing and processing of decaBDE or decaBDE-containing products or articles after March 8, 2021; and distribution in commerce of decaBDE or decaBDE-containing products or articles after January 6, 2022. 2. Phase-in of Prohibitions for Specific Uses of decaBDE and decaBDE-containing Products or Articles: 1) After July 6, 2022, manufacturing, processing and distribution in commerce decaBDE for use in curtains in the hospitality industry, and the curtains to which decaBDE has been added. 2) After January 6, 2023, processing and distribution in commerce of decaBDE for use in wire and cable insulation in nuclear power generation facilities, and decaBDE-containing wire and cable insulation. 3) After January 8, 2024, manufacturing, processing, and distribution in commerce of decaBDE for use in parts installed in and distributed as part of new aerospace vehicles, and the parts to which decaBDE has been added for such vehicles. After the end of the aerospace vehicles service lives, importing, processing, and distribution in commerce of aerospace vehicles manufactured before January 8, 2024 that contain decaBDE in any part. After the end of the aerospace vehicles service lives, manufacture, processing and distribution in commerce of decaBDE for use in replacement parts for aerospace vehicles, and the replacement parts to which decaBDE has been added for such vehicles. 4) After the end of the vehicles service lives or 2036, whichever is earlier, manufacture, processing and distribution in commerce of decaBDE for use in replacement parts for motor vehicles, and the replacement parts to which decaBDE has been added for such vehicles. 5) After the end of the pallets' service life, distribution in commerce of plastic shipping pallets that contain decaBDE and were manufactured prior March 8, 2021.	Processing and distribution in commerce for recycling of decaBDE-containing plastic from products or articles and decaBDE-containing products or articles made from such recycled plastic, where no new decaBDE is added during the recycling or production processes.
Phenol, isopropylated phosphate (3:1) [PIP (3:1)] CAS No. 68937-41-7	1. Except as provided in paragraphs 2, processing and distribution in commerce of PIP (3:1), including in PIP (3:1)-containing products or articles after March 8, 2021. 2. Phase-in Prohibitions for Specific uses of PIP (3:1) and PIP (3:1)-containing products and articles: 1) After January 6, 2025, processing and distributing in commerce of PIP (3:1) for use in adhesives and sealants, PIP (3:1)-containing products for use in adhesives and sealants, and PIP (3:1)-containing adhesives and sealants. 2) After January 1, 2022, processing and distribution in commerce of PIP (3:1) for use in photographic printing articles and PIP (3:1)-containing photographic printing articles.	Processing and distribution in commerce of: 1. PIP (3:1) for use in hydraulic fluids either for the aviation industry or to meet military specifications for safety and performance where no alternative chemical is available that meets U.S. Department of Defense specification requirements, PIP (3:1)-containing products for use in such hydraulic fluids, and PIP (3:1)-containing hydraulic fluids either for the aviation industry or to meet military specifications for safety and performance where no alternative chemical is available that meets U.S. Department of Defense specification requirements. 2. PIP (3:1) for use in lubricants and greases, PIP (3:1) containing products for use in lubricants and greases, and PIP (3:1)-containing lubricants and greases. 3. PIP (3:1) and PIP (3:1)-containing products for use in new and replacement parts for motor and aerospace vehicles, the new and replacement parts to which PIP (3:1) has been added for such vehicles, and the motor and aerospace vehicles that contain new and replacement parts to which PIP (3:1) has been added; 4. PIP (3:1) and PIP (3:1)-containing products for use as an intermediate in a closed system to produce cyanoacrylate adhesives; 5. PIP (3:1) for use in specialized engine air filters for locomotive and marine applications, PIP (3:1) containing products for use in specialized engine air filters for locomotive and marine applications, and PIP (3:1)-containing specialized engine air filters for locomotive and marine applications; 6. Plastic for recycling from products or articles containing PIP (3:1), where no new PIP (3:1) is added during the recycling process; 7. Finished products or articles made of plastic recycled from products or articles containing PIP (3:1), where no new PIP (3:1) was added during the production of the products or articles made of recycled plastic.
2,4,6-tris(tert-butyl)phenol (2,4,6-TTBP) CAS No. 732-26-3	1. After January 6, 2026, distribution in commerce of 2,4,6-TTBP, at any concentration above 0.3 percent by weight, in containers with a volume less than 35 gallons. 2. After January 6, 2026, processing and distribution in commerce of 2,4,6-TTBP oil and lubricant additives at any concentration above 0.3 percent by weight.	None
Pentachlorothiophenol (PCTP) CAS No. 133-49-3	1. After March 8, 2021, manufacturing and processing of PCTP or PCTP-containing products or articles, unless PCTP concentrations are at or below 1% by weight. 2. After January 6, 2022, distribution in commerce of PCTP or PCTP-containing products or articles, unless PCTP concentrations are at or below 1% by weight.	None
Hexachlorobutadiene (HCBD) CAS No. 87-68-3	1. After March 8, 2021, manufacture, processing and distribution in commerce of HCBD and HCBD-containing products or articles.	1. Unintentional production of HCBD as a byproduct in the production of chlorinated solvents. 2. Processing and distribution in commerce of HCBD for burning as a waste fuel.

The above prohibitions shall not apply to:

Distribution in commerce of any chemical substance, or any product or article that contains the chemical substance, that has previously been sold or supplied to an end user, i.e., any person that purchased or acquired the finished good for purposes other than resale. An example of an end user is a consumer who resells a product they no longer intend to use or who donates an article to charity.
Disposal of any chemical substance, or any product or article that contains the chemical substance, as well as importation, processing and distribution in commerce of any chemical substance or any product or article that contains the chemical substance for purposes of disposal.
Manufacturing, processing, distribution in commerce, and use of any chemical substance, or any product or article that contains the chemical substance, for research and development.

After March 8, 2021, all persons who manufacture, process, or distribute in commerce articles containing any of the restricted chemicals shall maintain ordinary business records, such as invoices and bills-of-lading related to compliance with the prohibitions, restrictions, and other provisions of the Final Rule (for 2,4,6-TTBP: from January 6, 2026 and only for distributors). The records shall be maintained for 3 years from the date of generation. Records related to decaBDE and PIP (3:1) shall include a statement that the articles are in compliance with 40 CFR 751.405(a) and 40 CFR 751.407(a) respectively

Note:

*“Article” means a manufactured item:

Which is formed to a specific shape or design during manufacture;
Which has end use function(s) dependent in whole or in part upon its shape or design during end use, and;
Which has either no change of chemical composition during its end use or only those changes of composition which have no commercial purpose separate from that of the article, and that result from a chemical reaction that occurs upon end use of other chemical substances, mixtures, or articles; except that fluids and particles are not considered articles regardless of shape or design.

*“Product” means the chemical substance, a mixture containing the chemical substance, or any object that contains the chemical substance or mixture containing the chemical substance that is not an article.

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