The EPA Announces Final Rule for Eliminating PIP (3:1) from Supply Chain

Update button on keyboard

Highlights

  • The EPA confirmed Oct. 31, 2024 compliance date for eliminating PIP (3:1) in the supply chain. However, the EPA has deferred their decision on whether this deadline would be a "manufactured by" date, or if additional time would be granted for articles already in commerce.
  • The EPA also confirmed the recordkeeping deadline for compliance (identifying and documenting presence of PIP (3:1) in the supply chain, along with a plan to replace it) is Oct. 31, 2024.
  • Full details for compliance requirements likely will not be set until 2023, including a final rule on the "manufactured by" question.

In a March 8, 2021, final rule published in the Federal Register, the U.S. Environmental Protection Agency (EPA) reconfirmed that manufacturers and other industry stakeholders will have until October 31, 2024, to comply with a prohibition on the processing and distribution of articles – an EPA term for components, parts and finished products – containing the plasticizer and flame retardant chemical, phenol, isopropylated phosphate (3:1) (PIP (3:1)). The EPA, however, deferred a final decision on whether the deadline would be based on a product’s “manufactured by” date or if extra time would be granted for PIP (3:1)-containing articles and products already in the channels of commerce.

The EPA also extended the recordkeeping compliance date for PIP (3:1)-containing articles until October 31, 2024, to provide manufacturers, processors and distributors additional time to collect information about the presence of PIP (3:1) in their supply chains. The chemical PIP (3:1) may be present in certain music industry manufacturing products, such as components and accessories of consumer technology and related electrical items.

NAMM was among 38 associations and related industry stakeholders submitting comments to the EPA on this most recent compliance date extension proposal. In its submission, NAMM recommended that the compliance date be determined by a “manufactured by” date, rather than a prohibition of products already in distribution. NAMM noted that it would be more feasible to identify, avoid the use of, and find alternatives for, PIP-containing components at the point of manufacture. In addition, this approach would permit the “sell-through” of products already in the supply chain or on retail shelves. NAMM’s “manufactured by” position was shared by several other organizations, including the Consumer Technology Association which includes an array consumer technology and electronics companies.

While the EPA did not incorporate this request in the rule, the agency stated that it would consider the utility and drawbacks of a “manufactured by” date, the time needed for products to clear the channels of trade, and additional issues, in the context of a broader future rulemaking on PIP (3:1) and other Persistent, Bioaccumulative, and Toxic (PBT) chemicals regulated under the Toxic Substances Control Act (TSCA). It is anticipated that this rulemaking will commence in 2023.

Although the full details regarding the compliance requirements won’t be set until the 2023 rulemaking is done, manufacturers, distributors and retailers of music products should begin taking steps to comply with the regulation. These include: (1) knowing if PIP (3:1) is in your products, including components, parts and finished products, so that alternatives can be identified for any item containing PIP (3:1); and (2) reviewing the EPA’s recordkeeping requirements so that systems are in place to ensure compliance. This rulemaking also underscores the importance of engagement in the regulatory process. In early 2021, NAMM and several industry associations petitioned the EPA to reconsider and extend the initial and impracticable deadline set for March 2021. In response to these concerns, the EPA reopened the rulemaking and extended the compliance deadline to October 31, 2024.

Does This Apply to My Company?

Your company may be affected by this action if you manufacture (including import), process, distribute in commerce, or use phenol, isopropylated phosphate (3:1) (PIP (3:1)), or PIP (3:1)-containing articles, especially plastic articles that are components of electronics or electrical articles.

Take Action