PIP (3:1) EPA Compliance Rule Extended to March 8, 2022

Lawyer signing documents

The U.S. Environmental Protection Agency (EPA) issued a final rule on September 17, 2021 which includes another  postponement - until March 8, 2022 - of a prior final rule to ban processing and distribution in commerce of certain uses of phenol, isopropylated phosphate (3:1) (better known as PIP (3:1)). The September 17 Federal Register final rule announcement also states that EPA will issue a separate and new notice of proposed rulemaking (NPRM) in the “near future” to provide industry stakeholders and other members of the public another opportunity to request, and document the need for, a further compliance extension.    

The March 8, 2022, compliance extension applies to the processing and distribution of certain articles containing PIP (3:1) and other forms of PIP (3:1) to be used in such articles. PIP (3:1) may be found in articles such as electronics and musical instrument manufacturing is listed among “potentially affected entities.” There are a few narrow exemptions for products and industries but, in general, all other distribution and uses of PIP (3:1) have been banned since February 2021. 

This extension is the second one. The first, contained in EPA’s No Action Assurance (NAA) notice provided an emergency extension of the original March 8, 2021, compliance date. That extension was for six months and slated to expire on September 5, 2021.

In conjunction with the March 2021 NAA notice, the EPA also issued a request for more public comments on the PIP (3:1) compliance process. In response to this request, NAMM – working in collaboration with aligned industry partners – submitted written recommendations to EPA. Among other items, NAMM strongly recommended that EPA extend the compliance deadline to provide companies in the music industry with sufficient time to identify and replace article components containing PIP (3:1), address related complex supply chain issues, and sell-through existing stock. 

EPA took these and similar industry comments under consideration in its recent announcement, which provides for the following:

  • An extension of the compliance deadlines to March 8, 2022, for prohibitions on processing and distribution of PIP (3:1) and associated recordkeeping requirements. The six-month extension is intended to give companies additional time to comply and to allow the sell through of existing stocks of articles that contain PIP (3:1).
  • EPA will initiate a new proposed rulemaking on a further extension of the compliance dates for PIP (3:1) in articles. Such extensions will be considered if supported by data and specific information. There will an opportunity to submit documentation and related comments once the NPRM is issued.

NAMM will continue to closely monitor EPA activities and keep NAMM members apprised of developments on this ongoing regulatory matter.