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Federal Register / Vol. 86, No. 3 / Wednesday, January 6, 2021 / Rules and Regulations
fuel containers. Similarly, EPA received no comment that workers who use these fuel additive products, such as mechanics or lawn care workers, routinely use PPE that would provide protection against chemical exposure, such as nitrile gloves, slickers or respirators, while using these products, or have received any special training in the handling of the products or use of PPE with the product. Therefore, this scenario is in contrast to the assumed use of PPE in industrial settings discussed in Unit II.C.1.i and II.C.1.ii.
As discussed in Unit II.F., while EPA
assumes compliance with other federal requirements, including the OSHA
standards and regulations, it would be difficult to support broadly applicable and safe additional measures for each specific activity without a risk evaluation and in the limited time for issuance of this regulation under TSCA
section 6h, but imposing such measures without sufficient analysis could inadvertently result in conflicting or confusing requirements and make it difficult for employers to understand their obligations. Such regulations would not be practicable.
Spillage may occur when the product is being poured into fuel tanks and storage cans. Retail product containers may also leak during transportation, handling, storage and disposal. After use by mechanics and consumers, used retail product containers are disposed of in the municipal solid waste stream without special handling. If released to the indoor environment, 2,4,6-TTBP
could partition to particulates and dust based on its chemical relationship with organic carbon compared to that of air.
If released into a sanitary sewer system or storm water system, 2,4,6-TTBP
would likely transport to nearby wastewater treatment plants due to relative mobility in water due to high water solubility and low Koc soil organic carbon/water partitioning coefficient.
EPA believes these identified releases and potential releases can be targeted for reduction with practicable measures under TSCA section 6a. Accordingly, EPA proposed to prohibit the distribution in commerce of 2,4,6-TTBP
in formulations intended for the maintenance or repair of motor vehicles and machinery through a container size restriction. EPA is finalizing these regulations, with changes based on public comments discussed elsewhere in this notice.
iv. Oil/lubricant uses.
The Agency is addressing the use of 2,4,6-TTBP in liquid lubricant and grease additives/antioxidants. Although EPA has not identified users of 2,4,6-

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TTBP for liquid lubricant and grease additives/antioxidants, it found indications of current use, and a manufacturer has reported that it is aware that some customers may use its products for this end use, although it does not actively market products with 2,4,6-TTBP for lubricant applications.
Other countries have reported that 2,4,6-TTBP is, or has been, used as an additive in oils and lubricants EPA
HQOPPT201607340002. SI Group states that it does not actively market products containing 2,4,6-TTBP for lubricant applications, but that it is aware that some customers may use these products in lubricant applications Ref. 8. Regarding the use of 2,4,6-TTBP
as an antioxidant additive in oil and lubricants, EPA was unable to find any specifications or standards for oil, lubricant, or grease additives that require the use of 2,4,6-TTBP. No commenters during this rulemaking identified uses without substitutes.
While no releases were specifically identified, EPA believes potential for exposure can be targeted for reduction with practicable measures under TSCA
section 6a. Given this and the general availability of substitutes, EPA is prohibiting the use of 2,4,6-TTBP in oil and lubricant additives.
2. Health Effects, Exposure and TSCA
section 6h1 findings.
Exposure information for 2,4,6-TTBP
is detailed in EPAs Exposure and Use Assessment Ref. 4. Based on reasonably available information, EPA
did not identify any studies with extractable 2,4,6-TTBP data in drinking water or any studies with detectable levels of 2,4,6-TTBP in soil, sludge/
biosolids, or vegetation/diet.
Additionally, EPA did not identify any studies with detectable levels of 2,4,6TTBP in human blood serum, other human organs, aquatic invertebrates, aquatic vertebrates, terrestrial invertebrates, birds, or terrestrial mammals.
2,4,6-TTBP is toxic to aquatic plants, aquatic invertebrates, and fish. Data indicate the potential for liver and developmental effects. The studies presented in the document entitled Environmental and Human Health Hazards of Five Persistent, Bioaccumulative and Toxic Chemicals Hazard Summary Ref. 10
demonstrate these hazardous endpoints.
EPA did not perform a systematic review or a weight of the scientific evidence assessment for the hazard characterization of these chemicals. As a result, this hazard characterization is not definitive or comprehensive. Other hazard information on these chemicals may exist in addition to the studies
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summarized in the Hazard Summary that could alter the hazard characterization. In the 2014 Update to the TSCA Work Plan for Chemical Assessments Ref. 1, 2,4,6-TTBP scored moderate 2 for hazard based on toxicity following chronic exposure including liver effects; moderate 2 for exposure based on its wide use in consumer products, presence in indoor environments, and estimation to have moderate releases to the environment;
and high 3 for persistence and bioaccumulation based on moderate environmental persistence and high bioaccumulation potential. The overall screening score for 2,4,6-TTBP was high 7.
Taking all this into account, EPA
determines that 2,4,6-TTBP meets the TSCA section 6h1A criteria. In addition, EPA determines, in accordance with TSCA section 6h1B, that, based on the Exposure and Use Assessment and other reasonably available information, exposure to 2,4,6-TTBP is likely under the conditions of use to the general population, to a potentially exposed or susceptible subpopulation, or to the environment. EPAs determination is based on the opportunities for exposure to 2,4,6-TTBP including the potential for consumer exposures.
D. EPAs Proposed Rule Under TSCA
Section 6h for 2,4,6-TTBP
In the proposed rule 84 FR 36728, EPA proposed to restrict all distribution in commerce of 2,4,6-TTBP and products containing 2,4,6-TTBP in containers with a volume of less than 55
gallons. This was intended to effectively prevent use of 2,4,6-TTBP as a retail fuel additive or fuel injector cleaner by consumers and small commercial operations. Exposures to humans and the environment would be reduced by eliminating retail uses of 2,4,6-TTBP
that have a higher potential for releases.
EPA believed that this proposal intentionally would not impact use of this chemical in the nations fuel supply system i.e., at refineries and bulk petroleum storage facilities, where the distribution, transfer, blending, and general end use of 2,4,6-TTBPcontaining blends/mixtures is managed through highly-regulated engineering controls designed to mitigate environmental and human health exposures. EPA proposed a 55-gallon threshold based on a belief that much, if not all use of 2,4,6-TTBP containing blends/mixtures at refineries and petroleum storage facilities are sourced in quantities larger than 55 gallons at a time; and are typically sourced by the tanker or batch load in quantities over
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