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Federal Register / Vol. 86, No. 3 / Wednesday, January 6, 2021 / Rules and Regulations to exempt these replacement parts using the replacement parts provision under TSCA section 6c2D instead of a practicability determination under TSCA section 6h; however, for the reasons stated in Unit II.B., EPA is continuing to interpret TSCA section 6c2D to be inapplicable to this rulemaking. Other commenters challenged a complete exclusion for replacement parts, as discussed in Unit III.A.1. EPA agrees it is practicable to impose the specified alternative compliance deadline for the prohibition on the manufacture, processing and distribution in commerce of decaBDE
for use in replacement parts.
In addition, as noted in the proposed rule and according to comments received from various industries, including the Aerospace Industries Association AIA Ref. 5, the aerospace industry expects to have phased out its use of decaBDE in new aircraft products by the end of 2023. As a result, EPA is finalizing its proposed compliance date to allow the manufacture, processing and distribution in commerce for use of decaBDE and products and articles containing decaBDE, for use in new parts produced through 2023. In addition, the manufacture, processing and distribution in commerce of decaBDE for use in replacement parts intended for aerospace vehicles will continue to be allowed until the end of the service lives of the vehicles.
However, this compliance deadline does not allow the manufacture, processing or distribution in commerce of decaBDE
for parts that are newly designed for such new aerospace vehicles. This compliance deadline is based on comments received indicating the intent to phase-out use of decaBDE in parts for aerospace vehicles already designed, but which specify the need for replacement parts for the service lives of the vehicles to avoid the high cost of identifying appropriate and safe alternatives for vehicles already designed and in production, but for a limited period of time. EPAHQOPPT20190080
0542 The deadline for new parts also is more restrictive than the Stockholm Conventions specific exemption for use of decaBDE in parts for those aerospace vehicles with designs approved by 2022, and thus further supports that the market for parts containing decaBDE for these vehicles will have diminished by the compliance date in this rule. For similar reasons, EPA is also not prohibiting the manufacture including import, processing and distribution in commerce of whole aircraft manufactured within that specified compliance deadline and containing
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those new parts with decaBDE. With respect to motor vehicles, comments received from automotive industries, including the Motor Equipment and Manufacturers Association MEMA
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indicate that the automotive industry will have phased out use of decaBDE for newly produced motor vehicles by the effective date of this final rule and therefore the final rule prohibits any manufacture, processing or distribution in commerce of decaBDE for any use in motor vehicles manufactured after the effective date of the rule.
Thus, for all the reasons noted, the prohibitions and compliance deadlines adopted in this final rule for the aerospace and automotive industries will reduce exposures to the extent practicable as required under TSCA
section 6h4 and will do so as soon as practicable pursuant to TSCA
section 6d1D, while allowing a reasonable transition time as contemplated by TSCA section 6d1E.
4. Recycling and recycled products and articles.
EPA received submissions from 14
environmental groups that recommended EPA remove the exclusions for recycling. Commenters disagreed that it would be overly burdensome and not practicable to impose restrictions on the recycling of decaBDE containing plastic of products and articles that may contain decaBDE.
The commenters cited and attached the Stockholm Convention 2015 Report of the Persistent Organic Pollutants Review Committee on the work of its eleventh meeting: Risk Management Evaluation on decabromodiphenyl ether commercial mixture, c-decaBDE Ref.
13, which did not include recycling exemptions.
EPA recognizes the importance and impact of recycling, which contributes to American prosperity and the protection of our environment. EPA
believes that it would be overly burdensome and not practicable to impose restrictions on the recycling of plastics that may contain decaBDE, or on the use of recycled plastic in plastic articles, because the decaBDE is typically present in such articles at low levels Ref. 14. Because these articles typically contain low levels of decaBDE
and taking into account the significant prohibitions being adopted in this rulemaking that are in alignment or more stringent than requirements under the Stockholm Convention and the general movement to use of substitutes, EPA expects the amount of recycled plastic that contains decaBDE from recycled plastic to significantly decline
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over time. In contrast, banning the recycling of plastics containing decaBDE would require this decaBDEcontaining plastic to be identified through prohibitively expensive and complicated testing, and separated from other types of plastic before recycling, which is usually done manually. EPA
believes it would be difficult to make plastic sorting for this purpose to be cost-effective, and that it would be overly burdensome and not practicable to prohibit recycling of decaBDEcontaining plastic in the United States at this time. Further discussion on the burdens with prohibiting recycling are in the Response to Comments document Ref. 5.
5. Plastic shipping pallets.
EPA received a comment from a company requesting to continue to process and distribute in commerce their existing inventory of plastic shipping pallets that contain decaBDE
previously added as a flame retardant.
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Although the company ceased its use of decaBDE in the manufacture of new pallets prior to 2013, those previously manufactured pallets are still in use and being rented for use. This final rule allows such continued rental and use until the end of the service lives of the pallet, at which point it may be recycled into new plastic pallets consistent with 40 CFR 751.405b. No new decaBDE
may be added during this recycling process. Based on the comment received, EPA has added a delayed compliance date for the continued distribution in commerce of such pallets.
6. Wire and cable insulation.
EPA requested comment from companies still processing and using wire and cable insulation containing decaBDE despite phase-out initiatives and the availability of relatively inexpensive substitutes. One commenter responded that while alternatives were available, they would need more time to successfully test and qualify an alternative chemical to decaBDE to meet the Institute of Electrical and Electronics Engineers IEEE 383
standard for instrumentation and power cable insulation for nuclear power plants. EPAHQOPPT20190080
0583 Considering the unique safety certifications to qualify and approve an alternative chemical for this use, EPA
has added a compliance delay of two years for the prohibition on the manufacture, processing and distribution in commerce of decaBDE
for use in wire and cable insulation and of decaBDE containing wire and cable insulation.

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