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Federal Register / Vol. 86, No. 49 / Tuesday, March 16, 2021 / Proposed Rules
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specifically adrenals, liver, ovary, heart, and lungs. The PIP 3:1 final rule Ref.
6 prohibits processing and distribution in commerce of PIP 3:1, and products or articles containing the chemical substance, for all uses, except for the following different compliance dates or exclusions:
Use in photographic printing articles after January 1, 2022;
Use in aviation hydraulic fluid in hydraulic systems and use in specialty hydraulic fluids for military applications;
Use in lubricants and greases;
Use in new and replacement parts for the aerospace and automotive industries;
Use as an intermediate in the manufacture of cyanoacrylate glue;
Use in specialized engine air filters for locomotive and marine applications;
Use in sealants and adhesives after January 6, 2025; and Recycling of plastic that contained PIP 3:1 before the plastic was recycled, and the articles and products made from such recycled plastic, so long as no new PIP 3:1 is added during the recycling or production process.
In addition, the final rule requires manufacturers, processors, and distributors of PIP 3:1 and products containing PIP 3:1 to notify their customers of these restrictions. Finally, the rule prohibits releases to water from the remaining manufacturing, processing, and distribution in commerce activities, and requires commercial users of PIP 3:1 and PIP
3:1-containing products to follow existing regulations and best practices to prevent releases to water during use.
D. Pentachlorothiophenol PCTP;
Regulation of Persistent, Bioaccumulative, and Toxic Chemicals Under TSCA Section 6h RIN 2070
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PCTP was used in rubber manufacturing as a peptizer, or a chemical that makes rubber more amenable to processing. Although it is likely that PCTP is no longer used as a peptizer, it can be found as an impurity in the zinc salt of PCTP zinc PCTP
CASRN 117975 after zinc PCTP
manufacturing. PCTP is toxic to protozoa, fish, terrestrial plants, and birds. Data for analogous chemicals pentachloronitrobenzene and hexachlorobenzene indicate the potential for liver and reproductive effects. However, no animal or human hazard data has been identified. The final rule for PCTP Ref. 7 prohibits all manufacturing including import and processing of PCTP, and products or articles containing PCTP, unless PCTP

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concentrations are at or below 1% by weight. A prohibition on the distribution in commerce of PCTP or PCTP-containing products or articles, unless PCTP concentrations are at or below 1% by weight, will take effect on January 6, 2022.
E. Hexachlorobutadiene HCBD;
Regulation of Persistent, Bioaccumulative, and Toxic Chemicals Under TSCA Section 6h RIN 2070
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HCBD is a halogenated aliphatic hydrocarbon that is produced as an unintentional byproduct during the manufacture of chlorinated hydrocarbons, particularly perchloroethylene, trichloroethylene, and carbon tetrachloride, and is subsequently burned as a waste fuel.
HCBD is toxic to aquatic invertebrates, fish, and birds, and has been identified as a possible human carcinogen. Data indicate the potential for renal, reproductive, and developmental effects. The final rule for HCBD Ref. 8
prohibits the manufacture including import, processing, and distribution in commerce of HCBD and HCBDcontaining products or articles, except for the unintentional production of HCBD as a byproduct during the production of chlorinated solvents, and the processing and distribution in commerce of HCBD for burning as a waste fuel.
III. Request for Comment During the comment period, the public may submit comments and information relevant to any aspect of the final PBT rules. The public is encouraged to provide comments and information relating to EPAs statutory obligations under TSCA section 6h and the extent to which there are further exposure reductions that could be achieved, including exposure reductions for potentially exposed or susceptible subpopulations and the environment. EPA is particularly interested in information relating to the impacts of the final rules on human health, including potentially exposed or susceptible subpopulations, and the environment. EPA is also requesting comment on implementation issues associated with these final rules. EPA
specifically invites public comment on additional measures or approaches that EPA could take in addition to the provisions in the final rules.
In particular, EPA is seeking comment on newly-raised issues associated with the March 8, 2021 compliance date in the PIP 3:1 rule for certain regulated articles. Stakeholders recently informed EPA that the prohibition on processing
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and distribution of PIP 3:1 could impact articles used in a wide variety of electronics, from cell phones, to robotics used to manufacture semiconductors, to equipment used to move COVID19
vaccines and keep them at the appropriate temperature. Stakeholders note that the complexity of international supply chains makes locating the presence of, and finding alternatives to, PIP 3:1 in components challenging.
They assert that an extension to the compliance deadline is necessary to avoid significant disruption to the supply chain for a wide variety of articles. It was clearly not EPAs intent during the development of the rule to have such a broad disruptive impact.
Nonetheless, compliance deadlines for the PBT rules must be in place as soon as practicable and provide reasonable transition periods, pursuant to the requirements of TSCA section 6d1.
Thus, for EPA to amend the existing deadline, the Agency needs additional information regarding the impact of the deadline. EPA specifically asks commenters to specify the articles that need the alternative deadline; the basis for the alternative deadline, taking into consideration the reasons supporting alternative deadlines 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 plans to address the compliance deadline in the PIP 3:1
rule as part of the broader reexamination of these rules and will take into account comments received during this comment period when deciding upon future action involving this matter. In the meantime, the Agency will exercise its enforcement discretion to not pursue enforcement actions for violations of the prohibitions on the processing and distribution of PIP 3:1
for use in articles, or articles containing PIP 3:1 for up to 180 days, while this review and agency action to address this matter are pending.
III. References 1. EPA. TSCA Work Plan for Chemical Assessments: 2014 Update. October 2014. https www.epa.gov/
assessingandmanaging-chemicals-undertsca/tscawork-plan-chemicalassessments-2014-update. Accessed March 1, 2019.
2. EPA. TSCA Work Plan Chemicals:
Methods Document. February 2012.
https www.epa.gov/sites/production/
files/2014-03/documents/work_plan_
methods_document_web_final.pdf.
Accessed March 1, 2019.

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