On 3 March 2022, The U.S. Environmental Protection Agency (US EPA) issued a final rule further extending the compliance dates for the prohibitions on processing and distribution and the associated record keeping requirement of one of these PBT chemicals, phenol, isopropylated phosphate (3:1) (PIP (3:1)) when used in certain articles until October 31, 2024.

In January 2021, the US EPA published five final rules in the federal register to regulate five persistent, bioaccumulative and toxic (PBT) chemicals under Section 6(h) of the Toxic Substances Control Act (TSCA). The January 2021 final rule for PIP (3:1) prohibits the processing and distribution in commerce of PIP (3:1), PIP (3:1)-containing products, and PIP (3:1)-containing articles, with specified exclusions; prohibits or restricts the release of PIP (3:1) to water during manufacturing, processing, distribution in commerce, and commercial use; and requires persons manufacturing, processing, and distributing in commerce PIP (3:1) and products containing PIP (3:1) to notify their customers of these prohibitions and restrictions and to keep records. Several different compliance dates were established, the first of which was 60 days after publication, or March 8, 2021, after which processing and distribution in commerce of PIP (3:1), PIP (3:1)-containing products, and PIP (3:1)-containing articles were prohibited unless an alternative compliance date or exclusion was otherwise provided. A final rule issued in September 2021 extended the compliance date applicable to the prohibition on processing and distribution in commerce of certain PIP (3:1)-containing articles, and the PIP (3:1) used to make those articles, from March 8, 2021, to March 8, 2022, along with the compliance date for the associated record keeping requirements for PIP (3:1)-containing articles. This final rule amends the regulations at 40 CFR 751.407(a)(2)(iii) and (d)(4) to further extend the phased-in prohibition, established in the September 2021 final rule, for the processing and distribution in commerce of PIP (3:1) for use in certain articles, and for the processing and distribution in commerce of certain PIP (3:1)-containing articles, from March 8, 2022, to October 31, 2024.

PIP (3:1) is used as a plasticizer, a flame retardant, an anti-wear additive, or an anti-compressibility additive in hydraulic fluid, lubricating oils, lubricants and greases, various industrial coatings, adhesives, sealants, and plastic articles. As a chemical that can perform several functions simultaneously, sometimes under extreme conditions, it has several distinctive applications.

URL:

https://www.epa.gov/system/files/documents/2022-03/pip-3.1-compliance-date-extension-final-rule-03-03-2022.pdf

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