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ARTICLE · 28 OCTOBER 2021

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EPA Proposes Extension Until 2024 For Compliance With Problematic PBT Rule

Kelley Drye & Warren LLP
Kelley Drye & Warren LLP
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Kelley Drye & Warren LLP

Kelley Drye & Warren LLP

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As the U.S. EPA embarks on a full review of regulations addressing the sale, distribution and use of five "persistent, bioaccumulative and toxic" (PBT) substances...

United StatesCompliance

As the U.S. EPA embarks on a full review of regulations addressing the sale, distribution and use of five "persistent, bioaccumulative and toxic" (PBT) substances, the agency already is proposing to extend until 2024 the compliance date with the existing rule for one of the five PBTs – phenol, isopropylated phosphate (3:1) (known as "PIP (3:1)").

Originally finalized this past January, the PBT rules immediately drew widespread criticism, particularly with regard to PIP (3:1) and the broad prohibition on the processing, import, and other distribution in commerce of components and products containing the substance, initially scheduled to come into effect on March 8, 2021. PIP (3:1) is a widely used plasticizer and flame retardant that is present in a wide range of components, particularly electronics including cell phones, laptop computers, wiring harnesses, and other equipment used across a broad spectrum of industries. With only limited exemptions in the current PBT

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