Legislation + Regulation

New EPA Toxic Rules Impacting The DIY Channel & Lighting Vendors

The United States Environmental Protection Agency (EPA) Final Rule on 40 CFR 751 Subpart E – Persistent, Bioaccumulative, and Toxic (PBT) Chemicals under Section 6 of the Toxic Substances Control Act (TSCA) is beginning to impact lighting manufacturers in the DIY big box channel. This regulatory Subpart was published on January 11th, 2021, and as of January 6th, 2022, this rule prohibits sales of products and articles containing:

  • Decabromodiphenyl ether (DecaBDE) – a flame retardant used in electronics, textiles, upholstery, wire and cable coverings.
  • Hexachlorobutadiene (HCBD) –  a byproduct made during chlorinated hydrocarbon manufacture.
  • 2,4,6-tris(tert-butyl)phenol (2,4,6-TTBP) – a reactant used in producing fuel-related additives.
  • Pentachlorothiophenol (PCTP) – an agent used to make rubber more pliable.
  • Phenol, Isopropylated Phospate (3:1) (PIP (3:1))– a plasticizer, flame retardant, anti-wear and anti-compressibility adhesive used in various industrial lubricants, fluids, oils, coatings, greases, and sealants.

Major DIY retailers, such as The Home Depot, are now requiring vendors, including lighting vendors, to provide letters of attestation and, in some cases, lab test reports demonstrating that product complies with 40 CFR 751 Subpart E of the TSCA PBT regs.

Title 40 / Chapter 1 / Subchapter R / Part 751 / Subpart E regulatory text can be found here.



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David Shiller
David Shiller is the Publisher of LightNOW, and President of Lighting Solution Development, a North American consulting firm providing business development services to advanced lighting manufacturers. The ALA awarded David the Pillar of the Industry Award. David has co-chaired ALA’s Engineering Committee since 2010. David established MaxLite’s OEM component sales into a multi-million dollar division. He invented GU24 lamps while leading ENERGY STAR lighting programs for the US EPA. David has been published in leading lighting publications, including LD+A, enLIGHTenment Magazine, LEDs Magazine, and more.


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