On September 27, 2024, the U.S. Environmental Protection Agency (EPA) Office of Enforcement and Compliance Assurance (OECA) extended its May 2, 2023, Enforcement Statement regarding the Toxic Substances Control Act (TSCA) Section 6(h) Rule prohibiting the processing and distribution in commerce of decabromodiphenyl ether (decaBDE)-containing wire and cable insulation for use in nuclear power generation facilities after January 6, 2023. According to the memorandum, “EPA does not intend to pursue enforcement actions for violations of the prohibition on processing and distribution in commerce of decaBDE-containing wire and cable insulation for use in nuclear power generation facilities, provided the entities involved are diligently seeking to qualify their alternative products in accordance with Nuclear Regulatory Commission regulations and guidance and meet other conditions of this enforcement statement.” EPA states that “[a]dditionally, entities that either (i) use decaBDE-containing wire and cable insulation in components that do not need separate qualification in accordance with NRC regulations, or (ii) distribute decaBDE-containing wire to nuclear power generation facilities with those or other components should diligently be seeking to replace the decaBDE-containing wire and cable insulation with a qualified alternative wire when available.” As reported in our December 23, 2020, memorandum, decaBDE is one of the persistent, bioaccumulative, and toxic (PBT) chemicals that are the subject of TSCA risk management rules issued in 2021. EPA notes that it has submitted a final rule addressing the compliance deadline to the Office of Management and Budget (OMB) for interagency review, “which is scheduled to conclude on October 24, 2024. [The Office of Chemical Safety and Pollution Prevention (OCSPP)] anticipates that the final rule will be published in November 2024, with an effective date in January 2025.”
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