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September 2021 Regulatory Update

USA: Extension of Compliance Deadline for PIP (3:1) for Persistent, Bioaccumulative, and Toxic (PBT) Chemicals Under the Toxic Substances Control Act (TSCA) Section 6(h)


In September 2021, the US Environmental Protection Agency (EPA) prepared for publication a draft final rule extending the deadline for compliance with the TSCA Section 6(h) ban on a particular PBT chemical (i.e., phenol, isopropylated phosphate (3:1) (PIP (3:1)) until 8 March 2022. The publication date for the final rule, which will be followed by a 60-day comment period, has not been determined.

Despite EPA’s extensive outreach conducted during development of the PBT rules, some comments from the stakeholders on PIP (3:1) were still received after the rule was finalized. In response to this, the EPA issued a 180-day “No Action Assurance” in March 2021 to ensure that the supply chain was not interrupted and issued a notice requesting further comments and information on the impact of the compliance dates until 4 September 2021. However, a need for varying time frames to remove PIP (3:1) from the supply chains has been identified. The EPA will issue a final rule (follow by a 60-day comment period) providing a short-term extension of compliance dates until 8 March 2022.

PIP (3:1)-containing articles covered by the short-term compliance date extension include cellular telephones, laptop computers and other electronic devices. In addition, articles that might be used in industrial and commercial equipment used in various sectors including transportation, life sciences, and semiconductor production, as well as other consumer and commercial goods are included.

At the same time, the EPA announced its intent to initiate a new rulemaking and anticipates proposing new rules for all five PBT chemicals that are the subject of final risk management rules under TSCA in the Spring of 2023. The current provisions of the final risk management rules, except the extension of the specified compliance dates for PIP (3:1), remain in effect while the EPA is working on this new rulemaking effort.

Below is a summary on the potential usage, scope, requirement, and effective date for the five PBT chemicals.

Chemical (CAS number) Potential usage Scope and Requirement Effective Date
Decabromodiphenyl ether (DecaBDE) (CAS No. 1163-19-5) a flame retardant with applications in wire and cable rubber casings, textiles, electronic equipment casings, building and construction materials, etc. Manufacturing (includes importing) and processing of DecaBDE or DecaBDE-containing products or articles: Prohibited 8 March 2021
Remark: There are other effective dates for different scenarios
Phenol, isopropylated phosphate (3:1) [PIP (3:1)] (CAS No. 68937-41-7) a flame retardant in plastics and as a functional fluid in aircraft and industrial machinery Processing and distributing in commerce for certain key consumer and commercial goods (articles) containing PIP (3:1) such as cellular telephones, laptop computers and other electronic devices: prohibited 8 March 2022
Remark: There are other effective dates for different scenarios
Pentachlorothiophenol (PCTP) (CAS No. 133-49-3) a substance with applications in the rubber industry Manufacturing (includes importing) and processing of PCTP or PCTP-containing products or articles: ≤ 1% 8 March 2021
Remark: There are other effective dates for different scenarios
Hexachlorobutadiene (HCBD) (CAS No. 87-68-3) a solvent in rubber manufacturing and in hydraulic, heat transfer or transformer fluid Manufacturing, processing, and distribution of HCBD or HCBD-containing products or articles: prohibited 8 March 2021
2,4,6-tris(tert-butyl) phenol (2,4,6-TTBP) (CAS No. 732-26-3). an antioxidant in fuel additives and fuel injector cleaners as well as an additive in oil and lubricants Distribution in containers with a volume of less than 35 gallons: ≤ 0.3% 26 January 2026
Remark: There are other effective dates for different scenarios
For More Information About This Story:
Contact: Andy Choi (Senior Manager)
Phone: (852) 3185 8045
Email: regulatoryupdates@qima.com

Andy Choi

Vivian Chan

Vincent Wong

David Zhao

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