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Federal Register / Vol. 86, No. 3 / Wednesday, January 6, 2021 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 751
EPAHQOPPT20190080; FRL10018
90
RIN 2070AK59

2,4,6-tristert-butylphenol 2,4,6TTBP; Regulation of Persistent, Bioaccumulative, and Toxic Chemicals Under TSCA Section 6h Environmental Protection Agency EPA.
ACTION: Final rule.
AGENCY:

The Environmental Protection Agency EPA is finalizing a rule under the Toxic Substances Control Act TSCA to address its obligations under TSCA for 2,4,6-tristert-butylphenol 2,4,6-TTBP CASRN 732263, which EPA has determined meets the requirements for expedited action under TSCA. This final rule prohibits the distribution in commerce of 2,4,6-TTBP
and products containing 2,4,6-TTBP at concentrations above 0.3% in any container with a volume of less than 35
gallons for any use, in order to effectively prevent the use of 2,4,6TTBP as an antioxidant in fuel additives or fuel injector cleaners by consumers and small commercial operations e.g., automotive repair shops, marinas. This final rule also prohibits the processing and distribution in commerce of 2,4,6TTBP, and products containing 2,4,6TTBP at concentrations above 0.3
percent by weight, for use as an oil or lubricant additive, regardless of container size. These requirements will reduce the exposure to humans and the environment, by reducing the potential for consumer exposures to 2,4,6-TTBP
and potential occupational exposure in certain industries where workers are unprotected, as well as potential releases to the environment from consumer and small commercial operations use.
DATES: This final rule is effective February 5, 2021. For purposes of judicial review and 40 CFR 23.5, this rule shall be promulgated at 1 p.m.
e.s.t. on January 21, 2021.
ADDRESSES: The docket for this action, identified by docket identification ID
number EPAHQOPPT20190080, is available at http www.regulations.gov or at the Office of Pollution Prevention and Toxics Docket OPPT Docket, Environmental Protection Agency Docket Center EPA/DC, West William Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW, Washington, DC.
The Public Reading Room is open from
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8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is 202 5661744, and the telephone number for the OPPT
Docket is 202 5660280. Please review the visitor instructions and additional information about the docket available at http www.epa.gov/dockets.
Please note that due to the public health emergency, the EPA Docket Center EPA/DC and Reading Room was closed to public visitors on March 31, 2020. Our EPA/DC staff will continue to provide customer service via email, phone, and webform. For further information on EPA/DC services, docket contact information and the current status of the EPA/DC and Reading Room, please visit https
www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT: For technical information contact: Peter Gimlin, Existing Chemicals Risk Management Division, Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC
204600001; telephone number: 202
5660515; email address: gimlin.peter@
epa.gov.
For general information contact: The TSCA-Hotline, ABVI-Goodwill, 422
South Clinton Ave., Rochester, NY
14620; telephone number: 202 554
1404; email address: TSCA-Hotline@
epa.gov.
SUPPLEMENTARY INFORMATION:

I. Executive Summary A. Does this action apply to me?
You may be potentially affected by this action if you manufacture including import, process, distribute in commerce, or use products containing this chemical, 2,4,6-tristertbutylphenol 2,4,6-TTBP, especially fuel additives, fuel injector cleaners and oil and lubricants. The following list of North American Industrial Classification System NAICS codes is not intended to be exhaustive, but rather provides a guide to help readers determine whether this document applies to them. Potentially affected entities may include:
Petroleum Refineries NAICS Code:
324110;
Petrochemical Manufacturing NAICS Code: 325110;
All Other Basic Organic Chemical Manufacturing NAICS Code: 325199;
Polish and Other Sanitation Good Manufacturing NAICS Code: 325612;
All Other Miscellaneous Chemical Product and Preparation Manufacturing NAICS Code: 325998;

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Lawn and Garden Tractor and Home Lawn and Garden Equipment Manufacturing NAICS Code: 333112;
Aircraft Manufacturing NAICS
Code: 336411;
Motor Vehicle Supplies and New Parts Merchant Wholesalers NAICS
Code: 423120;
Petroleum and Petroleum Products Merchant Wholesalers except Bulk Stations and Terminals NAICS Code:
424720;
Farm Supplies Merchant Wholesalers NAICS Code: 424910;
Boat Dealers NAICS Code: 441222;
Automotive Parts and Accessories Stores NAICS Code: 441310;
Gasoline Stations with Convenience Stores NAICS Code: 447110;
Other Gasoline Stations NAICS
Code: 447190;
General Merchandise Stores NAICS
Code: 452;
Aircraft Maintenance and Repair Services NAICS Code: 488190;
Marinas NAICS Code: 713930; and General Automotive Repair NAICS
Code: 811111.
If you have any questions regarding the applicability of this action to a particular entity, consult the technical information contact listed under FOR
FURTHER INFORMATION CONTACT.
B. What is the Agencys authority for taking this action?
Section 6h of TSCA, 15 U.S.C. 2601
et seq., directs EPA to issue a final rule under TSCA section 6a on certain persistent, bioaccumulative, and toxic PBT chemical substances. More specifically, EPA must take action on those chemical substances identified in the 2014 Update to the TSCA Work Plan for Chemical Assessments Ref. 1 that, among other factors, EPA has a reasonable basis to conclude are toxic and that with respect to persistence and bioaccumulation score high for one and either high or moderate for the other, pursuant to the TSCA Work Plan Chemicals: Methods Document Ref. 2.
2,4,6-TTBP is one such chemical substance. TSCA section 6h directs EPA to take expedited action on these chemical substances, regardless of whether that substance is primarily found as an impurity or byproduct, to reduce exposure to the substance, including to exposure to the substance as an impurity or byproduct, to the extent practicable. This final rule is final agency action for purposes of judicial review under TSCA section 19a.
C. What action is the Agency taking?
EPA published a proposed rule on July 29, 2019 to address the five PBT

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