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Information on PIP and other TSCA Persistent, Bioaccumulative, and Toxic Substances

This information has been developed and provided by the SEMI TSCA Working Group. For more information on this working group contact [email protected].

On January 6, 2021, the US Environmental Protection Agency took actions to regulate 5 substances under the Persistent, Bioaccumulative, and Toxic Chemicals section (6h) of TSCA (Toxic Substances Control Act). EPA’s actions apply to a broad number of industry roles in the US and may apply to your company as well. These regulations will affect a company’s ability to import and sell products/components in the US. 

In early 2021 the semiconductor industry and many other industries were surprised by these new final rules. After concerns were raised by industry, the EPA extended the compliance date for PIP to October 31, 2024. The compliance date for DecaBDE was not extended, but the EPA indicated they might reconsider the rules for all 5 PBT substances in a future action. The EPA regulatory calendar now indicates they are aiming to publish revised PBT rules in November of 2023, however it is not yet clear what the scope of revision will be.

Scenarios for Substances

The EPA actions cover several commerce scenarios including distribution of the substances on their own, distribution of the substances in other formulations or mixtures (EPA uses the term ‘products’), and distribution of components (EPA uses the term ‘articles’) containing the substances.

Summary information on the component aspects of 40CFR Subpart E (starting at §751.401)

  1. PIP / PIP (3:1) – phenol, isopropylated phosphate (3:1) CAS: 68937-41-7
    • Regulatory Limit (action threshold): Any nonzero amount is prohibited.
    • Notes: Among other uses, PIP might be present as flame retardant and/or plasticizing agent in polyvinylchloride (PVC) plastics, polyurethanes, BPA epoxies, and some lubricants. There is no prohibition on the manufacturing (including importing) of PIP-containing articles. Because PIP-containing lubricants and greases are excluded from distribution and processing prohibitions, it is likely that articles containing PIP-containing lubricants and greases are also excluded.
    • Prohibition Effectivity Date(s) for PIP-containing articles: originally set to March 8, 2021 (for distributing in commerce and processing). Currently set to October 31, 2024.
  2. DBDE / DecaBDE – decabromodiphenyl ether CAS: 1163-19-5
    • Regulatory Limit (action threshold): Any nonzero amount is prohibited.
    • Notes: Among other uses, DBDE might be present as a flame retardant in heat shrink tubing and nylon connectors. The substance is also restricted by the EU RoHS Directive as a polybrominated diphenylether (PBDE) to a more relaxed 0.1% threshold, and by EU POPs to ~0.05% (as the sum of tetra-, penta-, hexa-, hepta- and decaBDE)
    • Prohibition Effectivity Date(s) for decaBDE-containing articles: after March 8, 2021 (for manufacturing (including importing) and processing); after January 6, 2022 (for distributing in commerce)
  3. HCBD – hexachlorobutadiene – CAS: 87-68-3
    • Regulatory Limit (action threshold): Any nonzero amount is prohibited.
    • Notes: Not likely to be present in semiconductor equipment components. HCBD is usually an intermediate chemical found in the production of other substances, but might remain as a residue. HCBD has been banned in the EU by the EU POPs regulation.
    • Prohibition Effectivity Date(s) for HCBD-containing articles: after March 8, 2021 (manufacturing, importing, processing, and distributing in commerce)
  4. PCTP – Pentachlorothiophenol - CAS: 133-49-3
    • Regulatory Limit (action threshold): concentrations above 1% w/w in an article are prohibited.
    • Notes: Among other uses, PCTP might be present in butadiene or isoprene rubbers.
    • Prohibition Effectivity Date(s) for PCTP-containing articles: after March 8, 2021 (for manufacturing (including importing) and processing); after Jan 6, 2022 (distributing in commerce)
  5. TTBP / 2,4,6-TTBP – 2,4,6-tris (tert- butyl) phenol – CAS: 732-26-3
    • Regulatory Limit (action threshold): concentrations above 0.3% w/w for containerized chemicals are prohibited.
    • Notes: Present in some types of oils that might be used to lubricate components. Not prohibited in articles.

Of these 5 substances, PIP is of greatest concern. The EPA has assigned no threshold (nor a ‘de minimis’ threshold) to the PIP, DedaBDE or HCBD restrictions. Therefore, any amount is an actionable threshold. Although 0.1% is a common threshold in other regulations, it does not apply to these restrictions. Any amount of these substances in an article is restricted / banned.

Precision of Investigation

As described above there is no minimum threshold for the PIP or DecaBDE restrictions, any amount is prohibited. Keep this in mind as you respond to the survey. Your supply chain might have used some general precision limit (or minimum reporting threshold) and consider this to be ‘zero’ amount of the substance. 

Confidentiality

The data gathered in the survey will be collated together with other responses and reviewed by the entire SEMI TSCA working group. 

However, only SEMI staff will see the submitter identifying information from this survey. SEMI might use the submitter identifying information for follow-up questions on specific issues or for data clarification. All survey responses collected by SEMI staff will be treated confidentially and no company name will be revealed to the TSCA working group. 

Further Background on The Substances

PIP (3:1)

PIP (3:1) has been used as a plasticizer – a flame retardant – an anti-wear additive – or an anti-compressibility additive in: lubricating oils; lubricants and greases; adhesives; sealants; and plastic articles/components/parts (particularly PVC – polyvinyl chloride, but also flexible polyurethanes, cellulosic resins, and synthetic rubber). As a chemical that can perform several functions simultaneously, sometimes under extreme conditions, it has had several distinctive applications. In lubricating oils, PIP (3:1) is a flame retardant, anti-wear additive, anti-compressibility additive, or some combination of the three. In adhesives and sealants, PIP (3:1) is a plasticizer and flame retardant. PIP (3:1) has also been added to paints, coatings, and plastic components, as a plasticizer or flame-retardant additive.

SEMI members have already received information from suppliers indicating PIP has been found in the following types of components: AC cable, actuator controller, air cylinder, anti-static charge material, cable, cable assembly, insulator cap, chiller, circulator, embedded computer, connector, controller, pump controller, machine controller, sequence controller, temperature controller, connector  cover, densimeter, liquid crystal display, dry battery, fan filter unit, frame assembly, gas box, handle, heat exchanger, i/o unit for sequence controller, light source, load port, magnet, manifold, motor assembly, motor driver, motor system, stepper motor, ozone booster, oscillator, personal computer, power supply, dry pump, vacuum pump, vacuum, rack rail, regulator, sensor, laser sensor, proximity switch, antistatic sheet, chassis slide, thyristor, transformer, uninterruptable power supply (UPS), and solenoid valve.

DecaBDE

DecaBDE has been used as an additive flame retardant in plastic enclosures for computers, audio and video equipment, textiles and upholstered articles, wire and cables for communication and electronic equipment (particularly heat shrink tubing and nylon connectors), and other applications.

DecaBDE is also restricted under the EU RoHS directive as a polybrominated diphenyl ether (PBDE). However, the EU RoHS limit is 0.1% w/w of a homogeneous material layer but EPA’s regulations do not include a minimum threshold. Therefore, if a component was made RoHS compliant by reducing DecaBDE content rather than removing it, the component might nonetheless be non-compliant to this EPA restriction.

Regulatory Details

These restrictions were passed as five separate final rules, modifying Title 40 of the Code of Federal Regulations (40 CFR). They constitute Title 40, Chapter I, Subchapter R, Part 751, Subpart E. Each one added terms into the Definitions section (§751.403) and established separate restriction sections. The TTBP action also added a general criteria section that applies to all 5 restrictions. 

  • The DBDE final rule added a DBDE definition to §751.403, and created the DBDE restrictions at §751.405.
  • The PIP action added a ‘Lubricants and Grease’, and PIP definition to §751.403, and created the PIP restrictions at §751.407.
  • The TTBP action created the ‘General criteria’ section §751.401, added definitions for TTBP, ‘Article’, ‘Product’, and ‘Research and Development’ to §751.403, and created the TTBP restrictions at §751.409.
  • The PCTP action added a PCTP definition to §751.403, and created the PCTP restrictions at §751.411.
  • The HCBD action added an HCBD definition to §751.403, and created the HCBD restrictions at §751.413.

The EPA summary of the PBT actions, and links to more detailed information, can be found at https://www.epa.gov/assessing-and-managing-chemicals-under-tsca/persistent-bioaccumulative-and-toxic-pbt-chemicals