Dear Ms. Wheeler:
The U.S. Chamber of Commerce (“the Chamber”) is pleased to write in response to the request for comment regarding the U.S. Environmental Protection Agency (EPA) proposed Regulation of Persistent, Bioaccumulative, and Toxic Chemicals (PBT) Under TSCA Section 6(h); Further Compliance Date Extension (86 Fed. Reg. 59684 October 28, 2021).
The Chamber appreciates EPA’s recognition of the practical implementation challenges inadvertently resulting from the January 2021 final rule on PIP (3:1), particularly in light of broader ongoing supply chain challenges that have disrupted commerce across many economic sectors. In particular, we support EPA’s decision in this proposal to extend the PIP (3:1) compliance deadline until October 31, 2024. Establishing a practicable transition based on the Date of Manufacture provides more clarity concerning the compliance timeline that EPA has set for the phase out of PIP (3:1). This additional lead-time is needed for determining the presence of chemicals in supply chains, finding and testing alternate solutions, and certifying equipment and replenishing supply chains. An extension of the effective date, as proposed, will allow for a practicable compliance deadline consistent with TSCA’s mandate and the realities of modern, complex supply chains that are a central feature of global commerce.
