USA - EPA Plans to Initiate New Rulemaking on the Five PBT Chemicals and Extends the Compliance Dates of PIP (3:1)

​The U.S. Environmental Protection Agency (EPA) announced its intent to initiate a new rulemaking and anticipates proposing new rules for five persistent, bioaccumulative and toxic (PBT) chemicals that are the subject of final risk management rules under the Toxic Substances Control Act (TSCA). They are:

- phenol, isopropylated phosphate (PIP (3:1))

- decabromodiphenyl ether (decaBDE)

- pentachlorothiophenol (PCTP)

- hexachlorobutadiene (HCBD)

- 2,4,6-Tris(tert-butyl)phenol (2,4,6,-TTBP)​

These rules address exposure to toxic chemicals that remain in the environment for long periods of time and build up in the body. Additionally, EPA is taking action to extend the compliance dates for the prohibitions on processing and distribution and the associated recordkeeping requirement of one of these PBT chemicals, phenol, isopropylated phosphate (3:1) (PIP (3:1)).

​In March 2021, EPA annouced it was reviewing these rules and opened a public comment period to collect additional comments or information relevant to compliance dates and any aspect of the final PBT rules. After further review, EPA is considering revising all five of the final rules and plans to issue a proposal for a new separate rulemaking on all five PBT chemicals in the spring of 2023. The current provisions remain in effect while EPA is working on this new rulemaking effort, with the exception of PIP (3:1).

EPA is extending certain compliance dates for PIP (3:1) to March 8, 2022 to ensure that supply chains are not disrupted for key consumer and commercial goods, including those that might be used in cellular telephones, laptop computers and other electronic devices. They also include articles that might be used in industrial and commercial equipmemt used in various sectors including transportation, life sciences, and semiconductor production, as well as other consumer and commercial goods.

EPA will also soon issue a notice of proposed rulemaking seeking comment on a further extension of the compliance date for PIP (3:1) articles to align with certain comments received and the expected timing for the new rulemaking on the PBT chemicals.