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Federal Register / Vol. 86, No. 3 / Wednesday, January 6, 2021 / Rules and Regulations Washington, DC 204600001; telephone number: 202 5643199; email address:
feustel.ingrid@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:

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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 phenol, isopropylated phosphate 3:1 PIP 3:1
or products containing PIP 3:1, especially flame retardants in plastics or functional fluids in aircraft and industrial machinery. 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;
Petroleum Lubricating Oil and Grease Manufacturing 324191;
Paint and Coating Manufacturing NAICS Code 32510
All Other Basic Organic Chemical Manufacturing NAICS Code 325199;
Plastics Material and Resin Manufacturing NAICS Code 325211:
Adhesive Manufacturing NAICS
Code 325520;
Polish and Other Sanitation Good Manufacturing NAICS Code 325612;
All Other Miscellaneous Chemical Product and Preparation Manufacturing NAICS Code 325998;
Air-Conditioning and Warm Air Heating Equipment and Commercial and Industrial Refrigeration Equipment Manufacturing NAICS Code 333415;
Other Communications Equipment Manufacturing NAICS Code 334290;
Automobile Manufacturing NAICS
Code 336111;
Other Motor Vehicle Parts Manufacturing NAICS Code 336390;
Automobile and Other Motor Vehicle Merchant Wholesalers NAICS
Code 423110;
Other Chemical and Allied Products Merchant Wholesalers NAICS
Code 424690;
New Car Dealers NAICS Code 441110;
Research and Development in the Physical, Engineering, and Life Sciences NAICS Code 541710;
If you have any questions regarding the applicability of this action to a
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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.
PIP 3:1 CASRN 68937417 is one such chemical substance. 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
chemicals EPA identified pursuant to TSCA section 6h 84 FR 36728; FRL
999576. After publication of the proposed rule, EPA determined to address each of the five PBT chemicals in separate final actions. This final rule prohibits the processing and distribution in commerce of PIP 3:1
and products containing PIP 3:1 except for the following:
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;
Processing and distribution in commerce for use in lubricants and greases;
Processing and distribution in commerce for use in new and replacement parts for the automotive and aerospace industry, and the distribution in commerce of those parts to which PIP 3:1 has been added;
Processing and distribution in commerce for use as an intermediate in a closed system to produce cyanoacrylate adhesives;
Processing and distribution in commerce for use as an adhesive and sealant until January 6, 2025, after which such activity is prohibited;
Processing and distribution in commerce for use in specialized engine
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filters for locomotive and marine applications;
Processing for recycling and distribution in commerce for the recycling of PIP 3:1 containing plastic provided no new PIP 3:1 is added during the recycling process;
Processing and distribution in commerce of articles and products made from recycled PIP 3:1-containing plastic provided no new PIP 3:1 is added during the recycling process or to the articles and products made from the recycled plastic; and Processing and distribution in commerce of PIP 3:1 for use in photographic printing articles and PIP
3:1-containing photographic printing articles until January 1, 2022.
This final rule also prohibits releases to water for from manufacture, processing, distribution in commerce, and commercial uses that are permitted to occur, as outlined in the preceding bullets.
Persons manufacturing, processing, and distributing in commerce PIP 3:1
and products containing PIP 3:1 are required to notify their customers of these prohibitions on processing and distribution, and the prohibition on releases to water via Safety Data Sheet SDS or labeling.
Persons manufacturing, processing, and distributing in commerce PIP 3:1
are required to maintain, for three years from the date the record was generated, ordinary business records related to compliance with the restrictions, prohibitions, and other requirements set forth in this rule. These records must include a statement that the PIP 3:1, or the PIP 3:1-containing products or articles, are in compliance with 40 CFR
751.407a and be made available to EPA within 30 calendar days upon request.
D. Why is the Agency taking this action?
EPA is issuing this final rule to fulfill EPAs obligations under TSCA section 6h to take timely regulatory action on PBT chemicals, including PIP 3:1, to address the risks of injury to health or the environment that the Administrator determines are presented by the chemical substance and to reduce exposure to the substance to the extent practicable. As required by the statute, the Agency is finalizing this rule to reduce exposure to PIP 3:1 to the extent practicable.
E. What are the estimated incremental impacts of this action?
EPA has evaluated the potential costs of these restrictions and prohibitions and the associated reporting and recordkeeping requirements. The
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