EPA issued final rules under TSCA for five persistent, bio-accumulative, and toxic (PBT) with a short deadline. This rule will prohibit/limits the manufacturing (including import), processing, and distribution in commerce of the below chemicals,

• Decabromodiphenyl ether (DecaBDE)

• Phenol, isopropylated phosphate (3:1) (PIP (3:1))

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

• Hexachlorobutadiene (HCBD)

• Pentachlorothiophenol (PCTP)

PBT chemicals are especially a concern because they’re toxic and remain within the environment for long periods of your time and may build up or accumulate within the body, which is hazardous to human health and the environment.

Now, the Biden administration’s EPA opened a 60-day public comment period seeking additional input includes,

whether there are further exposure reductions that might be achieved, including exposure reductions for potentially exposed or susceptible subpopulations and thus the environment; implementation issues associated with these final rules; whether to think about additional or alternative measures or approaches.

In particular, EPA is seeking to discuss specifics of recently raised issues regarding the compliance date for the prohibition on the processing and distribution of PIP (3:1) to be used in articles, and PIP (3:1)-containing articles.[Text Wrapping Break]

The final date to submit the comment – May 17, 2021. EPA seeks comments in more particular on PIP (3:1), why?

• PIP (3:1) is employed during a big variety of electronics, from cell phones to robotics wont to manufacture semiconductors, to equipment wont to move COVID-19 vaccines and keep them at the appropriate temperature.

• Prohibition on processing and distribution of PIP (3:1) could impact the supply chain for a wide variety of articles

That’s why EPA plans to address the compliance deadline in the PIP (3:1) rule by comments received during this comment period when deciding upon future action involving this matter

No Action Assurance:

The EPA has also issued “a temporary 180-day ‘No Action Assurance’ regarding the prohibitions on processing and distribution of PIP (3:1) to be used in articles, and therefore the articles to which PIP (3:1) has been added”.

This action is mainly due to ensure that the supply chain of important articles is not interrupted while EPA continues to collect the information needed to best inform subsequent regulatory efforts and permit for the issuance of a final agency action to increase the March 8, 2021, compliance date as necessary.

Reference: https://www.govinfo.gov/content/pkg/FR-2021-03-16/pdf/2021-05138.pdf

If this regulation is applicable to you and you are interested in knowing more about this topic and available solutions, then schedule a free consult with our experts.