EPA’s Further Extends Compliance Date for the Regulation of Phenol, Isopropylated Phosphate 3:1 as a Persistent, Bioaccumulative, and Toxic Chemical Under TSCA Section 6(h)

On October 28, 2021, EPA published a proposed rule to extend the compliance date applicable to the processing and distribution in commerce of certain articles containing phenol, isopropylated phosphate 3:1 (PIP 3:1), and the PIP 3:1 used to make those articles until October 31, 2024, along with the associated recordkeeping requirements for manufacturers, processors, and distributors.  PIP 3:1 is commonly used as a flame retardant in a wide range of key consumer and commercial goods such as cellular telephones, laptop computers, and other electronic devices and industrial and commercial equipment used in various sectors including transportation, life sciences, and semiconductor production.

A final rule prohibiting the processing and distribution in commerce of PIP 3:1, and products or articles containing it, with some exceptions, was published in January 2021 with a March 8, 2021 compliance date.  More recently, on September 17, 2021, EPA issued a direct final rule to extend the compliance date by one year to March 8, 2022.  EPA continues to provide additional compliance time for this rule to further address the hardships inadvertently created due to PIP 3:1 uses, including use in articles, and supply chain challenges that were not communicated to EPA until after the final rule was published.

As part of this notice of proposed rulemaking, EPA is also announcing its intention to proceed with a new rulemaking effort on PIP 3:1 and four other persistent, bioaccumulative, and toxic chemicals that have been regulated under TSCA section 6(h), with a targeted date of 2023 for a proposal.

Comments are due on December 27, 2021.

Read the proposal and submit comments here.

Advocacy contact: Tabby Zeb at (202) 205-6790 or email at tayyaba.zeb@sba.gov.