The United States’ Environmental Protection Agency (EPA) has issued a memorandum on “No Action Assurance” regarding prohibition of phenol, isopropylated phosphate [PIP (3:1)] to be used in articles, and PIP (3:1)-containing articles under 40 CFR 751.407(a)(1).
The Final Rule published in January 2021 stipulates that PIP (3:1)-containing articles shall not be processed and distributed from 8 March 2021. The enforcement at short notice is believed to interrupt adversely to the supply chain of many products, especially electronics and electrical items. Therefore, the EPA will exercise its enforcement discretion on articles for the following violations:
The above “No Action Assurance” shall remain effective until either 23:59 Eastern Time, 4 September 2021, or the effective date of a final action addressing the compliance date, whichever comes earlier.
In the meantime, on the other hand, the ordinary business records shall contain a statement that the PIP (3:1)-containing articles are complying with all other aspects of the rule consistent with the “No Action Assurance”.
The EPA will announce through the Federal Register the opening of a public comment period on the additional or alternative exposure reduction measures or extending compliance dates for certain products and articles containing PIP (3:1).
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