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EPA Proposes to Extend Key PIP (3:1) Rule Compliance Deadline to October 31, 2024

Following up on the short-term extension that it issued in September, EPA has issued a notice of proposed rulemaking that will further extend the compliance deadline for the processing and distribution in commerce of certain PIP (3:1)-containing articles and the PIP (3:1) that is used to make those articles. The proposed rule, which EPA issued on October 21, 2021, invites stakeholder comments on the proposed compliance deadline extension.

The proposed extension would apply to a wide range of PIP (3:1)-containing articles, including personal and industrial electronics and electrical equipment, as well as articles used in plastics material and resin manufacturing; air-conditioning and warm air heating equipment and commercial and industrial refrigeration equipment manufacturing; major household appliance manufacturing; motor and generator manufacturing; wire manufacturing; motor vehicle and parts; and transportation equipment manufacturing. Comments are invited from these industries on whether an alternative compliance date should be issued, as well as on the specific uses of PIP (3:1) in articles in supply chains, steps taken – and the time needed – to identify, test, and qualify appropriate substitutes, and on the need for replacement parts. 

This proposal would also extend the compliance date for the recordkeeping requirements for manufacturers, processors, and distributors of PIP (3:1)-containing articles to October 31, 2024.

EPA also announced that it plans to propose, in 2023, a new rulemaking that in effect could re-examine all of the control measures adopted in the 2021 final rules, including compliance deadlines. The new rulemaking would apply to PIP (3:1) and four other persistent, bioaccumulative, and toxic (PBT) chemicals - 2,4,6- tris(tert-butyl)phenol (2,4,6-TTBP), decabromodiphenyl ether (decaBDE), pentachlorothiophenol (PCTP), and hexachlorobutadiene (HCBD) – that are regulated under TSCA section 6(h).

Comments on the proposed PIP (3:1) rulemaking are due 60 days from publication of the proposed rulemaking in the Federal Register.

© 2023 Beveridge & Diamond PC National Law Review, Volume XI, Number 300

About this Author

Mark N. Duvall Chemicals Regulation Attorney Beveridge & Diamond Washington, DC

Mark has over two decades of experience working in-house at large chemical companies. 

His focus is product regulation at the federal, state, and international levels across a wide range of programs, and occupational safety and health.

He leads the firm’s Chemicals group. His experience under the Toxic Substances Control Act (TSCA) includes enforcement actions, counseling, rulemaking, advocacy, and legislative actions. Since the enactment of TSCA amendments in 2016, he has been heavily involved in advocacy, compliance activity, and litigation arising from EPA's implementation...

Ryan J. Carra Environmental Attorney Beveridge & Diamond Washington, DC

A Ph.D. in Organic Chemistry compliments Ryan's law practice.

Ryan uses his extensive technical background to counsel clients in the chemicals, products, and energy sectors regarding environmental regulatory issues. Ryan’s experience includes:

  • Advising clients on Toxic Substances Control Act (TSCA) matters, including implementation of the 2016 reform legislation.
  • Advising product manufacturers, retailers, and other clients on extended producer responsibility, waste classification, chemical hazard classification, chemical notification...
K. Russell LaMotte Environmental Attorney Beveridge & Diamond Washington, DC

Russ helps global companies navigate international environmental regulatory regimes and develop product compliance and market-access strategies.

He served for over ten years as an international lawyer at the United States Department of State, representing the U.S. Government in designing, negotiating, or implementing most of the major multilateral environmental and oceans agreements. His experience and representative matters include: 

Chemicals, Substances in Articles, and Product-Related Environmental Compliance

  • Advising chemicals, pesticides,...
Sarah A. Kettenmann Environmental Attorney Beveridge & Diamond New York, NY

Sarah uses her knowledge of environmental law and the physical sciences to help clients solve complex problems in a conservation-minded manner.

She maintains a diverse environmental practice, which includes litigation matters involving toxic torts and products liability and class action litigation concerning environmental and regulatory claims. Her regulatory practice includes advising clients on compliance with, and enforcement of, land use restrictions and remediation, and due diligence for waste facility permits under federal and state statutes. She also counsels clients on...