EPA Issues Extension For PIP (3:1) Compliance To March 8, 2022

As an update to our March 26, 2021 and September 3, 2021 Client Advisories, the U.S. Environmental Protection Agency ("EPA") on September 3, 2021 announced its plan to initiate a new separate rulemaking in Spring 2023 and propose new rules for the five identified chemicals that are considered persistent, bioaccumulative and toxic ("PBT Chemicals"), including phenol, isopropylated phosphate (3:1) ("PIP (3:1)"). With the exceptions regarding PIP (3:1) described further below, the current January 2021 rules in place for the PBT Chemicals will remain in effect while the EPA works toward the Spring 2023 target for the new rulemaking.

PIP (3:1) Compliance Date Extension

On September 3, 2021 the EPA extended the compliance date for the January 21, 2021 PIP (3:1) final rule's ("Final Rule") prohibitions on the processing and distribution of PIP (3:1) and PIP (3:1)-containing articles, as well as the Final Rule's associated record-keeping requirements for manufacturers,