EPA Delays, Reopens Rule for Additional Public Input

Businessperson signing document

On the evening of March 8, the U.S. Environmental Protection Agency (EPA) announced that it is delaying a Rule on the chemical Phenol, Isopropylated Phosphate (3:1) (PIP 3:1), pending further public comment and Agency review, including a re-examination of the compliance dates for certain products and articles. PIP (3:1) is considered a persistent, bioaccumlative and toxic (PBT) chemical under the Toxic Substances Control Act (TSCA), and therefore subject to regulation or prohibition.

The now-delayed Rule was issued on January 6, 2021 and included a problematic compliance date of March 8, 2021. If allowed to stand, this meant that in just 60 days, manufacturers and retailers of music products such as electronics containing PIP (3:1) would no longer be permitted to make, import, or sell these products.

NAMM, as a member of a coalition with other interested stakeholders, urgently and directly communicated concerns about this unreasonable compliance timeframe to the EPA. NAMM informed agency officials, in conference calls and in writing, that the new prohibitions could impact articles used in a wide variety of music products, especially electronics, and that the supply chain would be significantly disrupted. We requested that a more reasonable compliance time be established to take into account products already in commerce as well as to allow sufficient lead time for manufacturers to identify and secure alternate components. NAMM’s concerns are outlined in a letter submitted to EPA officials in February. Members of our coalition further noted an array of additional products that would be adversely affected including cell phones, semiconductors, medical devices, and even equipment needed to store and move COVID-19 vaccines.

In the announcement, the Agency said it will be taking the following steps:

  • Opening a new 60-day comment period for the public; and
  • Issuing a temporary 180-day “No Action Assurance” – which operates, essentially, as an enforcement delay.

EPA will review the public comments, which could lead to changes to the Rule. EPA noted that the “specific issue” of extension of the compliance deadline will be addressed as part of the PIP (3:1) Rule’s re-examination. Read the EPA announcement. It also addresses rules for four other PBT chemicals, but the main focus is on PIP (3:1).

The notice to officially open the 60-day public comment period will be published in the Federal Register; future posts will include a link to the notice and information on how to submit comments. NAMM will provide an update on the comment period timeline and once available, urges members to offer comments relative to the timeline and requirements to adjust product production supply chain and the elimination of PIP (3:1).