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Federal Register / Vol. 86, No. 3 / Wednesday, January 6, 2021 / Rules and Regulations Department of Defense specification requirements. As noted in the proposed rule, these requirements remain necessary for the safe operation of commercial and military aircraft.
Five commenters confirmed or elaborated on the degree to which it would be impracticable to replace or reformulate hydraulic fluids containing PIP 3:1. Several of those comments supported the concerns outlined in the proposed rule, namely that aviation fluids are approved by major aircraft manufacturers who work closely with the Federal Aviation Administration FAA, and any change in formula composition results in a full requalification process. As described in the proposed rule, this process is a joint effort between the fluid manufacturer and aircraft manufacturer, and resulting fluids are subject to extensive laboratory and field testing. At the end of this iterative evaluation process, there is no guarantee that a technically equivalent alternative will be developed Refs. 3, 11 and 12.
While no comments opposed the exclusion for aviation hydraulic fluid specifically, several commenters opposed the exclusions from the prohibition on processing and distribution outlined in the proposal more broadly, particularly in that the exclusions are not time limited EPA
HQOPPT201900800546; 0567;
0570; 0572; 0575. Additional information is available in the Response to Comments document Ref. 5.
EPA received one comment requesting that hydraulic fluid which may contain PIP 3:1 for other industries, including use specialized, industrial applications that include hydraulic control of valves for certain higher pressure, and more extreme environments, also be excluded from the rule. As explained in the proposal, for industrial hydraulic fluids excluding aviation, various alternative products not containing PIP 3:1 are already available in commerce.
However, to the commenters point, synthetic hydraulic fluids which contain low levels of PIP 3:1 are certified to military specifications, such as MILDTL32353A Ref. 13 and represent an emerging technology in hydraulic fluids for various applications important to national security including hydraulic lubricating oils for valves in vessels. To that end, EPA is expanding the exclusion to ensure inclusion of those hydraulic fluids certified to military specifications which may be used in industries other than aviation.
To be eligible for this exclusion, the hydraulic fluid must be required to meet military specifications for safety and
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performance and no alternative chemical is available that meets U.S.
Department of Defense specification requirements. To the extent that PIP
3:1 containing hydraulic fluids are certified for turbine hydraulic fluid military specifications, those products would be encompassed by aviation hydraulic fluid.
For hydraulic fluids that are in use by the aviation industry or to meet military specifications for safety and performance where no alternative chemical is available to the end user to meet U.S. Department of Defense specification requirements, their processing and distribution in commerce must be excluded from the prohibition. For the reasons summarized in Unit III.A.2. and supported by the comments and Economic Analysis, the Agency is finalizing the proposed exclusion for processing and distribution in commerce for use in hydraulic fluids either for the aviation industry or to meet military specifications for safety and performance where no alternative chemical is available that meets U.S.
Department of Defense specification requirements.
3. Lubricants and greases.
EPA is finalizing as proposed the exclusion from the processing and distribution in commerce restrictions of PIP 3:1 for use in lubricants and greases and of PIP 3:1-containing lubricants and greases. Five commenters confirmed or elaborated on the degree to which it would be impracticable to replace or reformulate lubricants and greases containing PIP 3:1, which, as noted in the proposed rule, are necessary for the safe operation of commercial and military aircraft, as well as some non-aviation uses such as turbines for power generation EPA
HQOPPT201900800562; 0536;
0545; 0542; 0539. One commenter did not support the exclusion for PIP
3:1 in lubricants and greases, citing concerns over potential occupational and consumer exposure EPAHQ
OPPT201900800572. EPA does not expect lubricants and greases containing PIP 3:1 to be available to consumers or workers in non-industrial settings, as lubricants and greases that contain PIP
3:1 are those that need to function in extreme environments, including extreme heat, cold, and high pressure.
As mentioned in Unit III.A.2. several commenters oppose the exclusions from the prohibition on processing and distribution outlined in the proposal more broadly, particularly in that the exclusions are not time limited EPA
HQOPPT201900800546; 0567;
0570; 0572; 0575. Additional
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information is available in the Response to Comments document Ref. 5.
In the proposal, EPA acknowledged the degree to which PIP 3:1 is crucial to the safe and effective performance of lubricants and greases, where it functions as a crucial anti-wear component. The Agency requested comment on the degree to which PIP
3:1 is crucial to the safe and effective performance of lubricants and greases in non-aviation industries. EPA received information from several commenters supporting the lack of alternatives to PIP
3:1 for aviation and non-aviation industries, the mandatory safety standards that are in place for nonaviation lubricants and greases, and the degree to which exposures are minimized. Additional details are in the docket and the Response to Comments document Ref. 5. For lubricants and greases to be available to the end user, their processing and distribution in commerce must be excluded from the prohibition. For the reasons noted in Unit III.A.3., EPA is finalizing the proposed exclusion for lubricants and greases.
Several commenters requested clarification on the scope of the exclusion for lubricants and greases.
One commenter asked if metalworking fluids were within the scope of the exclusion. Two additional commenters requested clarification that brake fluids used in landing gear fall within the scope of lubricants and greases. Another noted that the scope should include lubricants used in marine and rail engine applications. EPA confirms that all the uses outlined in this paragraph, as well as use in aviation and nonaviation lubricants and greases more broadly, are within the scope of those lubricants and greases excluded from the proposed processing and distribution restrictions, as the regulatory definition of lubricants includes any chemical substance used to reduce friction, heat, or wear between moving or adjacent solid surfaces, or that enhance the lubricity of other substances Ref. 14
As requested by a commenter, EPA
also confirms that, under the final rule, used oils, which fall within the scope of lubricants and greases, may continue to be recycled.
4. New and replacement parts for automobiles.
EPA is finalizing as proposed the exclusion from the proposed processing and distribution in commerce prohibitions of PIP 3:1 for use in new and replacement parts for automobiles and of PIP 3:1-containing new and replacement parts for automobiles.
Numerous commenters confirmed or
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