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Federal Register / Vol. 86, No. 3 / Wednesday, January 6, 2021 / Rules and Regulations Other Chemical and Allied Products Merchant Wholesalers NAICS
Code 424690;
New Car Dealers NAICS Code 441110;
Boat Dealers NAICS Code 441222;
Automotive Parts and Accessories Stores NAICS Code 441310;
Furniture Stores NAICS Code 442110;
Household Appliance Stores NAICS Code 443141;
Electronics Stores NAICS Code 443142;
All Other Home Furnishing Stores NAICS Code 442299;
Childrens and Infants Clothing Stores NAICS Code 448130;
Hobby, Toy, and Game Stores NAICS Code 451120;
General Merchandise Stores NAICS
Code 452;
Electronic Shopping and MailOrder Houses NAICS Code 454110;
Aircraft Maintenance and Repair Services NAICS Code 488190;
Traveler Accommodations NAICS
Code 7211;
General Automotive Repair NAICS
Code 811111.
If you have any questions regarding the applicability of this action to a particular entity, consult the technical information contact listed under FOR
FURTHER INFORMATION CONTACT.

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B. What is the Agencys authority for taking this action?
Section 6h of TSCA, 15 U.S.C. 2601
et seq., directs EPA to issue a final rule under TSCA section 6a on certain persistent, bioaccumulative, and toxic PBT chemical substances. More specifically, EPA must take action on those chemical substances identified in the 2014 Update to the TSCA Work Plan for Chemical Assessments Ref. 1 that, among other factors, EPA has a reasonable basis to conclude are toxic and that with respect to persistence and bioaccumulation score high for one and either high or moderate for the other, pursuant to the TSCA Work Plan Chemicals: Methods Document Ref. 2.
DecaBDE CASRN 1163195 is one such chemical substance. Other chemical substances are being addressed through separate Federal Register notices. For the purposes of this final rule, these specific chemical substances are hereinafter collectively referred to as the PBT chemicals. This final rule is final agency action for purposes of judicial review under TSCA
section 19a.
C. What action is the Agency taking?
EPA published a proposed rule on July 29, 2019, to address the five PBT

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chemicals EPA identified pursuant to TSCA section 6h 84 FR 36728; FRL
999576. After publication of the proposed rule, EPA determined to address each of the five PBT chemicals in separate final actions. This final rule prohibits the manufacture including import and processing of decaBDE, and products and articles to which decaBDE
has been added effective 60 days after publication of the final rule, and distribution in commerce of products and articles to which decaBDE has been added one year after the effective date of the rule. Different compliance dates or exclusions from the date of publication of this prohibition include:
18 months for any manufacture, processing and distribution in commerce of decaBDE for use in curtains in the hospitality industry, and the curtains to which decaBDE has been added.
Two years for any processing and distribution in commerce of decaBDE
for use in wire and cable insulation in nuclear power generation facilities, and the decaBDE-containing wire and cable insulation.
Three years for any manufacture, 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 their service lives for import, processing, and distribution in commerce of aerospace vehicles manufactured before January 7, 2024 that contain decaBDE in any part.
After the end of their service lives for 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.
After the end of their service lives, or 2036, whichever is earlier, for 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.
After the end of their service lives for distribution in commerce of plastic shipping pallets manufactured prior to March 8, 2021 that contain decaBDE.
Exclusion for processing and distribution in commerce for recycling of decaBDE-containing plastic products and articles i.e., the plastic to be recycled is from products and articles that were originally made with decaBDE, and for decaBDE-containing products or articles made from such recycled plastic, where no new decaBDE

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is added during the recycling or production process.
Persons manufacturing, processing, and distributing in commerce decaBDE
or decaBDE-containing products and articles are required to maintain, for three years from the date the record is generated, ordinary business records related to compliance with this rule that include the name of the purchaser, and list the products or articles. Excluded from the recordkeeping requirement are persons processing and distributing in commerce for; recycling of plastic that contains decaBDE, those products and articles containing decaBDE from recycled plastic as long as no new decaBDE was added during the recycling process, and plastic shipping pallets manufactured prior to the effective date of the rule. These records must include a statement that the decaBDE, or the decaBDE-containing products and articles, are in compliance with 40 CFR 751.405a and be made available to EPA within 30 calendar days upon request.
D. Why is the Agency taking this action?
EPA is issuing this final rule to fulfill EPAs obligations under TSCA section 6h to take timely regulatory action on PBT chemicals, including decaBDE, to address the risks of injury to health or the environment that the Administrator determines are presented by the chemical substance and to reduce exposure to the substance to the extent practicable. Consistent with that requirement, the Agency is finalizing this rule to reduce exposures to decaBDE to the extent practicable.
E. What are the estimated incremental impacts of this action?
EPA has evaluated the potential costs of these restrictions and prohibitions and the associated reporting and recordkeeping requirements. The Economic Analysis for Final Regulation of Decabromodiphenyl ether decaBDE under TSCA section 6h Economic Analysis Ref. 3, is available in the docket and is briefly summarized here.
Benefits. EPA was not able to quantify the benefits of reducing the potential for human and environmental exposures to decaBDE. As discussed in more detail in Unit II.A., EPA did not perform a risk evaluation for decaBDE, nor did EPA develop quantitative risk estimates. Therefore, the Economic Analysis Ref. 3 qualitatively discusses the benefits of reducing the exposure under the final rule for decaBDE.
Costs. Total quantified annualized social costs for this final rule are approximately $157,000 at both 3%

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