PIP (3:1) 2022: Potential Changes
By Kelly Scanlon, director, EHS policy and research
Key Summary
• EPA extended compliance deadlines for PIP (3:1) restrictions to March 8, 2022
• EPA will propose another extension if industry provides detailed data on uses and progress toward substitutes
• A full rewrite of the PIP (3:1) rule (and four other PBT rules) is planned for spring 2023
• IPC’s industry survey and comments significantly shaped EPA’s updated approach
In March 2021, the U.S. Environmental Protection Agency (EPA) issued a request for more public input regarding the uses of phenol, isopropylated phosphate (3:1) (better known as PIP (3:1), CAS number 68937-41-7) in articles such as electronics. The agency also extended a “No Action Assurance” (NAA) on the compliance timelines for the risk management rule, meaning it will “exercise its enforcement discretion” until the new deadline. In response to that notice, IPC -- working with peer electronics associations CTA and ITI -- provided information to EPA based on a survey of the industry and its uses of this substance across the life cycle of electronics. EPA considered IPC’s comments and other stakeholder feedback and, as the NAA expired as of September 4, 2021, the Agency announced the following updates regarding the risk management of PIP (3:1) in articles.
1. EPA is extending compliance deadlines to March 8, 2022, for the prohibitions on processing and distribution and the associated recordkeeping requirements.
2. EPA intends to issue a new notice of proposed rulemaking on a further extension of the compliance dates for PIP (3:1) in articles. Future extensions will be considered if they are supported by data and information including documentation of specific uses in articles and documentation of concrete steps taken to identify, test, and qualify substitutes for those uses. There will be a public comment period for the new notice of proposed rulemaking.
3. EPA intends to propose a new version of the entire rule for PIP (3:1) and four other persistent, bioaccumulative chemicals, in the spring of 2023.
If you’re interested in learning more about IPC’s engagement with EPA on this topic, please contact me at KellyScanlon@ipc.org.
PIP (3:1) is a flame retardant/plasticizer used in electronics. It is regulated due to concerns about persistence, bioaccumulation, and toxicity.
EPA extended enforcement deadlines to March 8, 2022, giving companies more time before prohibitions and recordkeeping rules are enforced.
Possibly. EPA said future extensions depend on concrete industry data showing specific uses and progress toward evaluating substitutes.
IPC surveyed the electronics supply chain, submitted data to EPA, and continues working with agencies and associations to shape practical regulatory outcomes.