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Federal Register / Vol. 86, No. 3 / Wednesday, January 6, 2021 / Rules and Regulations
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500 gallons at a time. EPA also sought comment on the optimal container size limit to impose, e.g., for instance, whether a 35-gallon container size would impact industrial use less while also preventing the sale of retail products with 2,4,6-TTBP.
EPA proposed to define 2,4,6-TTBP to mean the chemical substance 2,4,6tristert-butylphenol CASRN 73226
3 at any concentration above 0.01% by weight. EPA stated its belief that this concentration limit would distinguish between products which contain 2,4,6TTBP as a functional additive and those in which it may be present in low concentrations as a byproduct or impurity, noting that 2,4,6-TTBP is a coproduct and byproduct present in other alkylphenols, including other antioxidants that are potential substitutes for it.
EPA also proposed to prohibit all processing and distribution in commerce of 2,4,6-TTBP for use as an additive in oils and lubricants. There are numerous available substitutes for this use of 2,4,6-TTBP. To support this provision, EPA proposed a definition of oil and lubricant additive for this rule to mean any intentional additive to a product of any viscosity intended to reduce friction between moving parts, whether mineral oil or synthetic base, including engine crankcase oils and bearing greases.
Regarding the timing of these prohibitions, EPA stated in the proposed rule that at that time it had no information indicating a compliance date of 60 days after publication of the final rule is not practicable for the activities that would be prohibited, or that additional time is needed for products to clear the channels of trade.
EPA proposed for recordkeeping that after 60 days following the date of publication of the final rule, distributors of 2,4,6-TTBP and products containing 2,4,6-TTBP must maintain ordinary business records, such as invoices and bills-of-lading, that demonstrate 2,4,6TTBP is not distributed in containers with a volume less than 55 gallons or for use as an oil and lubricant additive.
These records would have to be maintained for a period of three years from the date the record is generated.
E. Public Comments and Other Public Input The proposed rule provided a 60-day public comment period, with an additional 30-day extension granted. 84
FR 50809, September 26, 2019. The comment period closed on October 28, 2019. EPA received a total of 48
comments, with three commenters sending multiple submissions with
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attached files, for a total of 58
submissions on the proposal for all the PBT chemicals. This includes the previous request for a comment period extension EPAHQOPPT20190080
0526. Two commenters submitted confidential business information CBI
or copyrighted documents with information regarding economic analysis and market trends. Copies of all the non-CBI documents, or redacted versions without CBI are available in the docket for this action. EPA also communicated with companies, and other stakeholders to identify and verify uses of 2,4,6-TTBP. These interactions and comments further informed EPAs understanding of the current status of uses for 2,4,6-TTBP. Public comments and stakeholder meeting summaries are available in the public docket at EPA
HQOPPT20190080.
In this preamble, EPA has responded to the major comments relevant to the 2,4,6-TTBP final rule. Of the comment submissions, 12 directly addressed EPAs proposed regulation of 2,4,6TTBP. EPAs more comprehensive responses to comments related to this final action are in the Response to Comments document Ref. 5.
F. Activities Not Directly Regulated by This Rule EPA proposed not to use its TSCA
section 6a authorities to directly regulate occupational exposures in industrial settings. As explained in the proposed rule, as a matter of policy, EPA assumes compliance with federal and state requirements, such as worker protection standards, unless casespecific facts indicate otherwise. The Occupational Safety and Health Administration OSHA has not established a permissible exposure limit PEL for 2,4,6-TTBP. However, under section 5a1 of the Occupational Safety and Health Act of 1970, 29 U.S.C.
654a1, each employer has a legal obligation to furnish to each of its employees employment and a place of employment that are free from recognized hazards that are causing or are likely to cause death or serious physical harm. The OSHA Hazard Communication Standard at 29 CFR
1910.1200 requires chemical manufacturers and importers to classify the hazards of chemicals they produce or import, and all employers to provide information to employees about hazardous chemicals to which they may be exposed under normal conditions of use or in foreseeable emergencies. The OSHA standard at 29 CFR
1910.134a1 requires the use of feasible engineering controls to prevent atmospheric contamination by harmful
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substances. Other provisions of 29 CFR
1910.134 require the use of respirators where effective engineering controls are not feasible and spell out details of the required respiratory protection program.
The OSHA standard at 29 CFR
1910.132a requires the use of personal protective equipment PPE when workers are exposed to chemical and other hazards; 29 CFR 1910.133 requires the use of eye and face protection when employees are exposed to hazards from, among other things, liquid chemicals;
and 29 CFR 1910.138 requires the use of PPE to protect employees hands from, among other hazards, skin absorption of harmful substances. The provisions of 29 CFR 1910.132d and f address hazard assessment, PPE selection, and training with respect to PPE required under 29 CFR 1910.133, 29 CFR
1910.138, and certain other standards.
EPA assumes that employers will require, and workers will use, appropriate PPE consistent with OSHA
standards, taking into account employer-based assessments, in a manner sufficient to prevent occupational exposures that are capable of causing injury.
EPA assumes compliance with other federal requirements, including OSHA
standards and regulations. EPA does not read TSCA section 6h4 to direct EPA
to adopt potentially redundant or conflicting requirements. Not only would it 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. Rather, where EPA has identified worker exposures and available substitutes, EPA is finalizing measures to reduce those exposures, e.g., by prohibiting the sale of 2,4,6-TTBP in the small containers that contribute to potential exposures for workers in smaller commercial establishments, as well as to consumers.
While some commenters agreed with EPAs approach, others thought that EPA should establish worker protection requirements for those uses not regulated under the final rule. EPA
disagrees with those commenters who thought that EPA should establish specific worker protection requirements.
Information provided to EPA before and during the public comment period on the proposed rule indicates that employers are using engineering and
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