Current and Future Actions on PBT Rules
New Rulemaking on PBT Chemicals
In March 2021, EPA announced it was reviewing the January 2021 rules on five persistent, bioaccumulative and toxic (PBT) chemicals in light of Executive Orders and other guidance provided by the Biden-Harris Administration and opened a public comment period to collect additional comments or information relevant to any aspect of the final PBT rules. After further review, in September 2021, EPA announced its intent to initiate a new rulemaking and anticipates proposing new rules for five persistent, bioaccumulative and toxic (PBT) chemicals that are the subject of final risk management rules under the Toxic Substances Control Act (TSCA). EPA plans to issue a proposal for new rulemaking on all five PBT chemicals in the Spring of 2023. The current provisions of the final risk management rules remain in effect while EPA is working on this new rulemaking effort.
PIP (3:1) Compliance Date Extensions
In September 2021, EPA extended certain compliance dates for PIP (3:1) to March 8, 2022 to address the hardships inadvertently created by the original applicable compliance dates in the January 2021 final rule to ensure that supply chains are not disrupted for key consumer and commercial goods. EPA will soon issue a notice of proposed rulemaking that would further extend the compliance date.
In March 2021, EPA published a notice requesting public comment and additional input on five final rules for persistent, bioaccumulative and toxic (PBT) chemicals issued on January 6, 2021 under the Toxic Substances Control Act (TSCA). Read the Federal Register notice announcing the public comment period.
EPA also issued a temporary 180-day “No Action Assurance” indicating that the Agency intended to exercise its enforcement discretion regarding the prohibitions on processing and distribution of PIP (3:1) for use in articles, and the articles to which PIP (3:1) has been added. The Agency took this action to ensure that the supply chain of these important articles is not interrupted while EPA seeks comment on the interim final rule to inform any further amendments to the compliance date. The documents supporting the “No Action Assurance” can be found below.