U.S. EPA Announces Request for Public Input on PIP (3:1) Final Risk Management Rule
Key Summary
• EPA opened a 60-day public comment period to gather more input on the PIP (3:1) final risk management rule and four other PBT rules
• EPA seeks data on whether the rules adequately reduce exposure and whether compliance dates or mitigation measures should change
• Companies handling PIP (3:1) must notify customers about pending prohibitions and related requirements
• EPA issued a temporary 180-day No Action Assurance for certain industries affected by PIP (3:1) restrictions
• IPC will collect industry information and coordinate engagement throughout the review process
As of March 8, the U.S. Environmental Protection Agency (EPA) has announced a request for additional public input on the PIP (3:1) final risk management rule and four other final risk management rules for other persistent, bioaccumulative and toxic (PBT) chemicals.
The EPA is opening a 60-day comment period to encourage submission of data and information on whether the five final rules sufficiently reduce exposure to these chemicals, whether to consider additional or alternative risk mitigation measures or approaches, and whether new compliance dates are needed for certain regulated articles containing PIP (3:1).
Even though the EPA is re-examining the content of the final rules, companies manufacturing, processing, or distributing PIP (3:1)-containing articles in commerce should notify their customers in the supply chain about the pending prohibitions on processing and distribution as well as requirements regarding releases to water and recordkeeping.
The EPA will use the feedback received during the 60-day comment period to determine the best path forward. IPC will continue to work with the electronics manufacturing industry, peer electronics associations, and across sectors as needed to ensure that we are collecting the data and information that will enable the EPA to determine the best path forward.
In addition to the comment period, the EPA is issuing a temporary 180-day “No Action Assurance” regarding enforcement discretion on the March 8 prohibitions on processing and distribution of PIP (3:1) and PIP (3:1)-containing articles. The No Action Assurance is focused on electronics, electronic components, electrical equipment and components, home appliances, manufacturing equipment for semiconductors, heavy equipment, and several others, that is, it is not inclusive of all articles nor is it permanent.
IPC will continue to monitor and engage on this policy activity. IPC will likely coordinate a call for information in response to the request from the EPA. Please contact me if you have information regarding the five PBTs and the final rules.
The EPA is requesting data on whether the PIP (3:1) rule and four other PBT chemical rules sufficiently reduce exposure, whether alternative risk mitigation approaches are needed, and whether updated compliance deadlines should be considered for specific regulated articles.
PIP (3:1) appears in many electronics, components, and equipment. Companies need to understand potential prohibitions, provide relevant data to EPA, and prepare for possible changes to processing, distribution, and recordkeeping requirements.
The No Action Assurance temporarily pauses enforcement of the March 8 prohibitions for certain sectors, including electronics, electrical equipment, semiconductors, and heavy equipment. It is limited in scope and duration, giving companies more time to address compliance challenges.
Companies should notify downstream customers about upcoming restrictions, review requirements related to releases and recordkeeping, and gather data needed for EPA’s comment period. Early preparation helps minimize supply chain disruptions.
IPC will monitor developments, coordinate information requests, and work with member companies and peer associations to submit meaningful data that informs EPA’s decision-making on PIP (3:1) and other PBT chemical rules.