Dear Dr. Freedhoff: We write today to seek an extension of the compliance timeframe for articles and products subject to the U.S. Environmental Protection Agency’s Final Rule for Phenol, Isopropylated Phosphate, also known as PIP (3:1). This rule, published on January 6, 2021, prohibits the processing and distribution of articles and products of PIP 3:1 after March 8, 2021, pursuant to section 6 (h) of the Toxic Substances Control Act (TSCA). This rule and the 60-day timeline for compliance will have a drastic impact on all types of businesses and their supply chains and we are looking for relief as businesses work to accommodate the Final Rule.
As we have iterated in previous communications with the EPA, we are supportive of a TSCA Risk Management framework that encourages transparency and dialogue between rule makers and stakeholders. We believe that sixty days is not an adequate timeframe to become compliant with the Final Rule and that businesses need a longer phase out period to be able to adequately comply without disruption to the global supply chain. As a plasticizer, flame retardant and anti-wear additive, PIP (3:1) is prevalent in many industries given its presence in electronic and electrical components utilized in a variety of applications.