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USA: EPA extends the compliance date of PIP(3:1)

SEPTEMBER 2021 - ELECTRICAL AND ELECTRONICS, HARDLINES, SOFTLINES, TOYS AND CHILDREN'S PRODUCTS

On 17 September 2021, USA Environmental Protection Agency (EPA) has issued a final rule1 to extend the compliance date for the rule of PIP (3:1) in articles until 8 March 2022. This is to ensure that supply chains are uninterrupted and allow sufficient time for EPA to further evaluate the need to again extend the compliance deadline. The EPA rule of 40 CFR 751.407 is amended, and this takes effect immediately. 

With this amendment, the prohibitions on processing and distributing in commerce of PIP (3:1) for use in articles, and the processing and distributing in commerce of PIP (3:1)-containing articles, as well as the record-keeping requirement will apply from 8 March 2022. The extension of the compliance date is in response to industry demands. This is because a wide range of consumer, industrial and commercial goods such as cellular telephones, laptop computers, commercial equipment, etc. are affected by the final rule2 on 6 January 2021.

Back in March 2021, EPA announced that it was reviewing the 5 PBTs chemicals final rules to collect additional comments from stakeholders. After further evaluation, EPA is considering amending all 5 final rules to ensure better protection of human health and the environment. As a next step3, they plan to issue a proposal for a new separate rulemaking on all 5 PBT chemicals in spring of 2023. 

Abbreviations:
PIP(3:1): phenol, isopropylated phosphate (3:1)
PBT: Persistent, Bioaccumulative, and Toxic

 

[1]  Federal Register, final rule of compliance date extension of PIP (3:1)

[2]  Federal Register, final rule of PIP (3:1)

[3]  EPA press release on plan for new rulemaking on PBT chemicals

 

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