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November 5, 2021

Comments on Proposed Extension of PIP (3:1) Compliance Dates Due December 27, 2021

Lynn L. Bergeson Carla N. Hutton

On October 28, 2021, the U.S. Environmental Protection Agency (EPA) proposed to amend the regulations applicable to phenol, isopropylated phosphate (3:1) (PIP (3:1)) promulgated under the Toxic Substances Control Act (TSCA). 86 Fed. Reg. 59684. Specifically, EPA is proposing to extend the compliance date applicable to the processing and distribution in commerce of certain PIP (3:1)-containing articles, 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 of PIP (3:1)-containing articles. EPA also announced its intention to commence a new rulemaking effort on PIP (3:1) and four other persistent, bioaccumulative, and toxic (PBT) chemicals that have been regulated under TSCA Section 6(h). EPA states that it is anticipating issuing a proposal to this end in 2023. Comments on the proposed rule are due December 27, 2021. More information is available in our October 25, 2021, memorandum, “EPA Proposes Further Extension of Compliance Dates for PIP (3:1)-Containing Articles.”


As anyone in this commercial space will attest, the proposal to extend the compliance date is good news. The deadline is still very aggressive for many, and case-specific requests for time beyond that deadline are essential. A thorough review of the notice is essential and urged.