EPA Extends Compliance Date for Articles Containing PIP (3:1)
Released on March 4, 2022.
As a follow-up to the September 2021 announcement on the path forward for five rules restricting the use of persistent, bioaccumulative and toxic (PBT) chemicals, the U.S. Environmental Protection Agency (EPA) is extending the compliance dates related to articles containing phenol, isopropylated phosphate (3:1) (PIP (3:1)), along with associated recordkeeping requirements, until October 31, 2024. As industries continue to identify sources of PIP (3:1) in their supply chains and pursue alternatives, EPA’s extended deadline will ensure the continued availability of important industrial equipment and consumer electronics, including cellular telephones and laptop computers.
Despite EPA’s extensive outreach conducted during development of the PBT rules, EPA received numerous comments following the rule’s publication from stakeholders who had not commented on the proposal and did not appear to have previously surveyed their supply chains to determine if PIP (3:1) was being used. As a result, EPA did not have a full understanding of the impact of the prohibition prior to issuing the January 2021 final rule. On September 17, 2021, EPA provided a short-term extension of certain compliance dates for PIP (3:1) to March 8, 2022, to address the hardships inadvertently created by the original applicable compliance dates in the January 2021 final rule. Today’s final rule further extends these compliance dates to October 31, 2024.
EPA remains committed to addressing risks to human health and reducing exposures to PBT chemicals, including PIP (3:1). When EPA proposed extending the PIP (3:1) compliance date in October 2021, the agency specified the kinds of information industry commenters would need to provide in order to justify a further extension of the compliance dates. Reviewing submitted comments, EPA found that the description of concrete steps taken in some industries to eliminate the need for PIP (3:1) demonstrated the need for an extension to the compliance date until October 2024. EPA expects that some industries will be able to eliminate the use of PIP (3:1) by this deadline.
At the same time, EPA intends to issue a proposal for a new separate rulemaking on PIP (3:1) and other PBT chemicals in the spring of 2023. EPA is considering revising the final rules to further reduce worker exposures, promote environmental justice, and better protect human health and the environment. EPA will consider as part of that forthcoming rulemaking any additional information on whether it is feasible for industry to meet the October 2024 compliance date, including the number of years that would be needed to incorporate any substitutes and distribute them throughout the supply chain, as well as any changes that may need to be made to current exclusions or additional measures that may further reduce exposures.