NAMM Provides Industry Comments on PIP (3:1) Rulemaking

The U.S. Environmental Protection Agency (EPA) recently issued a proposal to further extend the deadline for compliance with certain prohibitions imposed on the use of the chemical phenol, isopropylated phosphate (3:1) known as PIP (3:1) to 2024. PIP (3:1) is one of several persistent, bioaccumulative, and toxic (PBT) chemicals EPA has addressed under the Toxic Substances Control Act.

In September 2021, the EPA already gave manufacturers a temporary reprieve after stakeholders, including NAMM, raised concerns about the truncated compliance deadline and the disruptions it would cause to supply chains for electronic products and other critical consumer goods. The newly released proposal would extend the compliance date until October 31, 2024, and is intended to give companies time to find alternative solutions. The EPA sought industry comments on the notice of proposed rulemaking, Reg. 2070-AK95.

NAMM submitted comments on rulemaking on behalf of the music products industry on December 22, 2021, asking the EPA to revise the proposed compliance date extension language to specifically apply to "manufactured by." NAMM also requested continued flexibility for manufacturers and retailers due to supply chain issues and shipping delays.

The proposed extension would apply to a wide range of articles containing PIP (3:1), including personal and industrial electronic and electronic devices, as well as articles used in plastics material and resin manufacturing. The proposed rule also provides a description of the specific kinds of information the agency requires to support further extensions of the compliance date. The agency indicated that it expects industry commentators to provide, among other things, specific uses of PIP (3:1) in their supply chains and concrete steps taken to identify, test and find substitutes for these uses, and the need for replacement parts. The EPA noted that without this specific information the agency will be unlikely to extend the compliance date again.

The EPA proposal would also extend the compliance date for the recordkeeping requirements for manufacturers, processors, and distributors of articles with PIP (3:1) to October 31, 2024. The EPA will also broadly reconsider all five PBT rules issued in the final days of the Trump administration, including the PIP (3:1) rule. This review is expected to culminate in another proposal in 2023 and may include revisions to further reduce exposure to PBTs.

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.

Take Action

  • Read the EPA proposed rulemaking summary.
  • Assess product supply chain for use of PIP (3:1).
  • Take the NAMM PIP (3:1) survey.


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