PIP (3:1) Compliance Date Approaches

Companies must remove PIP (3:1) from their supply chain by October 31, 2024

cords and electronic instruments

September 5, 2024

Businesses that manufacture, import, process, distribute in commerce or use phenol, isopropylated phosphate (3:1) (PIP (3:1)) or products containing PIP (3:1), especially flame retardants in plastics used in consumer electronics are required to remove the chemical from their supply chain by October 31, 2024. 

As required under the Toxic Substances Control Act (TSCA), the EPA issued five final rules on January 6, 2021 to reduce exposures to certain chemicals that are persistent, bioaccumulative and toxic (PBT). Phenol, isopropylated phosphate (3:1) or “PIP (3:1)” is used as a plasticizer,  flame retardant,  anti-wear additive, or an anti-compressibility additive in hydraulic fluid, lubricating oils, lubricants and greases, various industrial coatings, adhesives, sealants, and plastic articles. 

These chemicals build up in the environment over time and can have potential risks for exposed populations, including the general population, consumers, and commercial users. 

The EPA Announced Its Final Rule for Eliminating PIP (3:1) from Supply Chain in March 2021

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)). 

Record Keeping is a Key Component for Compliance

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

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.

NAMM's Engagement

NAMM was among 38 associations and related industry stakeholders submitting comments to the EPA in 2021 on a 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).

This rulemaking also underscored 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 deadline of March 2021. In response to these concerns, the EPA reopened the rulemaking and extended the compliance deadline to October 31, 2024.

Take Action Before the Deadline

Manufacturers, distributors and retailers of music products should have been taking steps over the past three years to get ready to comply with the regulation by October 31, 2024. These include: (1) record keeping on whether PIP (3:1) is in the supply chain, including components, parts and finished products, with alternative chemical usage identified; and (2) reviewing the EPA’s recordkeeping requirements so that systems are in place to ensure compliance.