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Federal Register / Vol. 86, No. 3 / Wednesday, January 6, 2021 / Rules and Regulations I. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use
PART 751REGULATION OF CERTAIN
CHEMICAL SUBSTANCES AND
MIXTURES UNDER SECTION 6 OF THE
TOXIC SUBSTANCES CONTROL ACT

This action is not a significant energy action as defined in Executive Order 13211 66 FR 28355, May 22, 2001 because it is not likely to have a significant adverse effect on the supply, distribution, or use of energy and has not otherwise been designated by the Administrator of the Office of Information and Regulatory Affairs as a significant energy action. While this action regulates a fuel additive, because the restrictions are limited to fuel additives purchased and used by consumers, it will not significantly affect the nations fuel supply.

J. National Technology Transfer and Advancement Act NTTAA
This rulemaking does not involve any technical standards. Therefore, NTTAA
section 12d, 15 U.S.C. 272 note, does not apply to this action.
K. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations EPA believes that this action does not have disproportionately high and adverse health or environmental effects on minority populations, low-income populations and/or indigenous peoples, as specified in Executive Order 12898
59 FR 7629, February 16, 1994. The documentation for this decision is contained in the Economic Analysis Ref. 3, which is in the public docket for this action.
L. Congressional Review Act CRA
This action is subject to the CRA, 5
U.S.C. 801 et seq., and EPA will submit a rule report to each House of the Congress and to the Comptroller General of the United States. This action is not a major rule as defined by 5 U.S.C.
8042.
List of Subjects in 40 CFR Part 751

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Environmental protection, Chemicals, Export Notification, Hazardous substances, Import certification, Reporting and recordkeeping.
Andrew Wheeler, Administrator.

Therefore, for the reasons stated in the preamble, 40 CFR part 751 is amended as follows:

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1. The authority citation for part 751
continues to read as follows:

Authority: 15 U.S.C. 2605, 15 U.S.C.
2625l4.

2. Add and reserve subpart D.

3. Add subpart E, consisting of 751.401 through 751.413, to read as follows:

Subpart EPersistent, Bioaccumulative, and Toxic Chemicals Sec.
751.401
751.403
751.405
751.407
751.409
751.411
751.413
751.401

General.
Definitions.
Reserved.
Reserved.
2,4,6-TTBP.
Reserved.
Reserved.
General.

a This subpart establishes prohibitions and restrictions on the manufacturing, processing, and distribution in commerce of persistent, bioaccumulative, and toxic chemicals in accordance with TSCA section 6h, 15
U.S.C 2605h.
b Unless otherwise specified in this subpart, prohibitions and restrictions of this subpart do not apply to the following activities:
1 Distribution in commerce of any chemical substance, or any product or article that contains the chemical substance, that has previously been sold or supplied to an end user, i.e., any person that purchased or acquired the finished good for purposes other than resale. An example of an end user is a consumer who resells a product they no longer intend to use or who donates an article to charity.
2 Disposal of any chemical substance, or any product or article that contains the chemical substance, as well as importation, processing and distribution in commerce of any chemical substance or any product or article that contains the chemical substance for purposes of disposal.
3 Manufacturing, processing, distribution in commerce, and use of any chemical substance, or any product or article that contains the chemical substance, for research and development, as defined in 751.403.
751.403

Definitions.

The definitions in subpart A of this part apply to this subpart unless otherwise specified in this section.

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2,4,6-TTBP means the chemical substance 2,4,6-tristert-butylphenol CASRN 732263.
2,4,6-TTBP oil and lubricant additives means any 2,4,6-TTBP-containing additive to a product of any viscosity intended to reduce friction between moving parts, whether mineral oil or synthetic base, including engine crankcase and gear oils and bearing greases. 2,4,6-TTBP oil and lubricant additive does not include hydraulic fluid and other oils whose primary purpose is not friction reduction.
Article means a manufactured item:
1 Which is formed to a specific shape or design during manufacture, 2 Which has end use functions dependent in whole or in part upon its shape or design during end use, and 3 Which has either no change of chemical composition during its end use or only those changes of composition which have no commercial purpose separate from that of the article, and that result from a chemical reaction that occurs upon end use of other chemical substances, mixtures, or articles; except that fluids and particles are not considered articles regardless of shape or design.
Product means the chemical substance, a mixture containing the chemical substance, or any object that contains the chemical substance or mixture containing the chemical substance that is not an article.
Research and Development means laboratory and research use only for purposes of scientific experimentation or analysis, or chemical research on, or analysis of, the chemical substance, including methods for disposal, but not for research or analysis for the development of a new product, or refinement of an existing product that contains the chemical substance.
751.405

Reserved
751.407

Reserved
751.409

2,4,6-TTBP.

a Prohibitions. 1 After January 6, 2026, all persons are prohibited from all distribution in commerce of 2,4,6-TTBP, at any concentration above 0.3 percent by weight, in containers with a volume less than 35 gallons.
2 After January 6, 2026, all persons are prohibited from all processing and distribution in commerce of 2,4,6-TTBP
oil and lubricant additives at any concentration above 0.3 percent by weight.
b Recordkeeping. After January 6, 2026, distributors of 2,4,6-TTBP must maintain ordinary business records, such as invoices and bills-of-lading, related to compliance with the
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