EPA Reopens 5 Chemical Bans for Comments, Delays Ban on PIP
The Environmental Protection Agency seeks additional comments on five recent final rules it issued under the Toxic Substances Control Act that banned or partially banned five chemicals, it said in a notice released March 15. Part of a review “to determine whether [the final rules] are consistent with the Administration policy to limit exposure to dangerous chemicals (and to determine whether and how these rules should be revised),” EPA’s notice in particular seeks comments on issues raised by industry on the compliance date for a prohibition on one of the five chemicals, phenol, isopropylated phosphate (3:1) (PIP (3:1)). Comments are due May 17.
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EPA had days earlier announced a 180-day delay to the PIP (3:1) ban, which had been slated to take effect March 8. “Stakeholders recently informed EPA that the prohibition on processing and distribution of PIP (3:1) could impact articles used in a wide variety of electronics, from cell phones, to robotics used to manufacture semiconductors, to equipment used to move COVID-19 vaccines and keep them at the appropriate temperature,” EPA said in a March 8 news release. Industry had told EPA an extension was “necessary to avoid significant disruption to the supply chain for a wide variety of articles,” EPA said.
The Toy Association and the National Association of Manufacturers were among industry groups that requested the delay. “Due to the short compliance window, and because PIP (3:1) is not regulated elsewhere in the world, the ban would present a significant challenge to manufacturers to identify its potential presence in supply chains,” said Alan Kaufman, Toy Association senior vice president-technical affairs, in a statement. “Although significant use in toys is not expected, both the 180-day extension and the possibility of positive changes in the rule are most welcome.”
The other four chemicals covered by the final rules on which EPA seeks additional comment are 2,4,6-tris(tert-butyl)phenol (2,4,6-TTBP); decabromodiphenyl ether (decaBDE); pentachlorothiophenol (PCTP); and hexachlorobutadiene (HCBD). “EPA invites public comment on the final rules, including whether there are further exposure reductions that could be achieved, including exposure reductions for potentially exposed or susceptible subpopulations and the environment; implementation issues associated with these final rules; and whether to consider additional or alternative measures or approaches,” EPA said in its notice.