Voglio sapere a riguardo di…

Federal Register / Vol. 86, No. 178 / Friday, September 17, 2021 / Rules and Regulations might be present in articles in their supply chains, find and certify alternative chemicals, and produce or import new articles that do not contain PIP 3:1. Despite EPAs extensive outreach, most stakeholders contacting EPA after the rule was finalized did not comment on the proposal or otherwise engage with the agency on the PIP 3:1
rulemaking, and do not appear to have previously surveyed their supply chains to determine if PIP 3:1 was being used.
Several indicated that they did not understand that articles can be regulated under TSCA, and that, because PIP 3:1
is not regulated by other authorities, including those of other countries or under international agreements, there was a lack of awareness relative to its presence in the supply chain. Absent engagement and timely or specific input from these stakeholders that could be used as a basis for granting further extensions or exemptions from the proposed prohibition, in the final rule EPA believed that PIP 3:1 was not widely present in articles outside the aerospace and automotive sectors.
While some commenters on the 2019
proposed rule indicated that PIP 3:1
may be present in articles, their comments were very general and did not identify specific uses or specific concerns with the March 8, 2021, compliance date.
Based on the concerns raised by stakeholders shortly after publication of the final rule, EPA issued a No Action Assurance NAA on March 8, 2021
Ref. 13, in an effort to ensure that the supply chains of these important articles were not interrupted while the agency collected the information needed to best inform subsequent regulatory efforts. The NAA only described how the agency will exercise its enforcement discretion; the NAA did not change the March 8, 2021, compliance date or the continued harm created by that compliance date. Moreover, the NAA
did not prevent citizen suits for violations of the January 2021 rule. The NAA indicated that EPA would exercise its enforcement discretion to not pursue enforcement regarding the prohibition on processing and distribution of PIP
3:1 for use in articles, and PIP 3:1containing articles, for the following violations:
Shortly after the NAA was issued, EPA published in the Proposed Rules section of the Federal Register a notification and request for specific comments Ref. 3 to address the concerns that had been raised by stakeholders regarding PIP 3:1 in articles. While the March 2021
notification and request for comment did not include a specific alternative
VerDate Sep<11>2014

15:31 Sep 16, 2021

Jkt 253001

compliance date for PIP 3:1-containing articles and the PIP 3:1 for use in those articles, the document did describe in particular the issues raised by industry stakeholders regarding the March 8, 2021, compliance date, including the types of articles affected, such as those used in a wide variety of electronics, ranging from cellular telephones, to robotics used to manufacture semiconductors, to equipment used to move COVID19 vaccines and keep them at the appropriate temperature.
The document further outlined the complexity of international supply chains described by industry stakeholders and how, according to those stakeholders, that complexity creates challenges for identifying and finding alternatives to PIP 3:1 in complex supply chains. Finally, EPA
asked commenters to specifically describe:
The articles that would need an alternative compliance date;
The basis for such an alternative compliance date, taking into consideration the reasons supporting alternative compliance dates in the final rule already issued, such as the January 1, 2022, date for photographic printing articles and the January 6, 2025, date for adhesives and sealants, with supporting documentation; and The additional time needed for specific articles to clear channels of trade.
EPA received a total of 122 comments in response to the March 2021
notification and request for comment Ref. 3; 78 of these were from industry stakeholders, most of whom were concerned about compliance for PIP
3:1-containing articles Ref. 8.
Stakeholders concerned about PIP 3:1containing articles reiterated that they needed much more time, in some cases up to 15 years Ref. 14, in order to identify where PIP 3:1 might be present in their supply chains, find and certify alternatives, and produce or import new articles that do not contain PIP 3:1.
1. Comments on articles that contain, or potentially contain, PIP 3:1. During the public comment period, several industry commenters identified a wide range of articles that may contain PIP
3:1. PIP 3:1 is used as a flame retardant and plasticizer in plastic articles such as polyvinyl chloride PVC wire covers and casings. Other articles which have been identified or are being investigated for the presence of PIP 3:1 include PVC tubes, harnesses, cables, covers, sleeves, and casings, which include AC power cords and USB cables for consumer and commercial articles such as laptops,
PO 00000

Frm 00047

Fmt 4700

Sfmt 4700

51827

televisions, and gaming consoles.
According to the electrical manufacturing industry a representative sample of articles made possible by the qualities unique to PIP 3:1 include medical devices, capacitors, inverters, generators, transformers, semiconductor wafers, computers, and electrical appliances Ref. 15. Manufacturers of construction, agriculture, forestry, mining, and utility equipment have identified PIP 3:1 in fire prevention systems, engine emission control systems, electronics, wiring harnesses, hydraulic hoses, switches, fabrics, PVC
articles, resin in fiberglass articles, paints, elastomers, foam, resistors, splitters, articles that are alarm components, automatic tire inflation equipment, and wire sleeving Ref. 16.
According to another commenter, in construction, agriculture, forestry, mining, and utility equipment, PIP 3:1
is frequently found in wire harnesses, starters, water pumps, motor gears, prewired motors, ground cables, and compressors Ref. 17. The semiconductor manufacturing industry has identified the use of PIP 3:1 in semiconductor-related manufacturing equipment as well as microelectromechanical-related, solarrelated, and LED-related manufacturing equipment, as well as semiconductor fabrication facilities support equipment and infrastructure, such as laboratory, substrate and device e.g., die preparation, and assembly and test operations, including advanced packaging Ref. 14 as well as articles that are internal components of hightech robotics and manufacturing equipment. Additionally, the chemical has been identified in articles that are components in scanning electron microscopes utilized in research, national laboratories, and academia Ref. 18.
EPA generally agrees with these commenters that PIP 3:1 is used in a variety of articles, especially in plastic articles that are components of electronics or electrical articles. Further, at the time the January 2021 final rule was issued, EPA did not understand the extent to which PIP 3:1 is used in articles beyond those articles specifically addressed in that final rule, which are photographic printing articles, new and replacement parts for aerospace and motor vehicles, specialized locomotive and marine engine air filters, and recycled plastics.
EPA notes that this final rule does not affect the compliance dates established for these specific articles in the January 2021 final rule. EPA outlined its understanding on the use of PIP 3:1 in
E:FRFM17SER1.SGM

17SER1