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Federal Register / Vol. 86, No. 3 / Wednesday, January 6, 2021 / Rules and Regulations
elaborated on the degree to which it would be impracticable to replace or reformulate automobile components that contain PIP 3:1.
The rationale given by commenters from industry supported the information outlined in the proposal;
namely, PIP 3:1 is used to meet safety standards in new and replacement parts for automobiles and there is currently no feasible alternative.
Three commenters from nongovernmental organizations NGOs opposed the exclusion, noting that it should be time limited EPAHQ
OPPT201900800541; 0572; 0575.
Two of those NGOs are among commenters mentioned in Unit III.A.2.
who oppose the exclusions from the prohibition on processing and distribution outlined in the proposal more broadly, particularly in that the exclusions are not time limited EPA
HQOPPT201900800546; 0567;
0570; 0572; 0575. EPA determined that prohibiting the processing and distribution of PIP 3:1 for use in replacement parts is not practicable because PIP 3:1 is used to meet safety standards in new and replacement parts for automobiles and there is currently no feasible alternative. For those same reasons, EPA could not identify a time limit on the exclusion that would be practicable. Additional information is available in the Response to Comments document Ref. 5.
Requiring the automotive industry to reformulate or redesign replacement parts for vehicle models currently on the market or vehicles no longer being manufactured is not practicable because of the safety concerns recognized in Unit III.A.4. Most importantly, any restriction on new and replacement parts for the automotive industries could increase costs and safety concerns.
5. New and replacement parts for aerospace vehicles.
In addition to the exclusion outlined in Unit III.A.4., in this final rule, EPA
is broadening the scope of the exclusion from the proposed processing and distribution in commerce prohibitions to include processing and distribution in commerce of PIP 3:1 for use in new and replacement parts for aerospace vehicles and processing and distribution in commerce of PIP 3:1-containing new and replacement parts for aerospace vehicles. Numerous commenters noted that many of the same challenges outlined for automobiles apply equally, if not more so, for aerospace vehicles. As noted by the commenters, the aerospace sector faces challenges similar to the automotive industry, including a multi-

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tiered international supply chain, strict safety standards, and the absence of feasible alternatives for these uses and costs. An airplane may be in use for 20
years and will need replacement parts to maintain airworthiness EPAHQ
OPPT201900800545. As with the automotive sector, restrictions on new and replacement parts for the aerospace industries could increase costs and safety concerns. Therefore, EPA is finalizing an exclusion from the proposed processing and distribution in commerce prohibitions that includes processing and distribution in commerce of PIP 3:1 for use in new and replacement parts for aerospace vehicles and processing and distribution in commerce of PIP 3:1-containing new and replacement parts for aerospace vehicles.
6. Adhesives and sealants.
In the proposal, EPA did not exclude processing or distribution in commerce of PIP 3:1 for use in adhesives and sealants or processing or distribution in commerce of PIP 3:1-containing adhesives and sealants from the prohibitions on processing and distribution, except under those circumstances where an adhesive is part of a new or replacement part for an automobile. EPA received numerous comments requesting clarification or modification of the proposed regulations relative to adhesives. Based on those comments, in the final rule, EPA has added an exclusion from the processing and distribution prohibitions for the processing and distribution of PIP 3:1 when used in a closed system as an intermediate in the production of cyanoacrylate adhesives, and additionally delayed the compliance date for the prohibitions on the processing and distribution in commerce of PIP 3:1 for use in any type of adhesives and sealants and the processing and distribution in commerce of PIP 3:1-containing adhesives and sealants, from 60 days to four years.
Two commenters identified PIP 3:1s use as an intermediate in the production of cyanoacrylate adhesives EPAHQ
OPPT20190538; 0558. At the time of proposal, EPA believed there were feasible alternatives to PIP 3:1 for this use. However, EPA received additional information in a public comment to indicate that while some cyanoacrylate adhesives are made without PIP 3:1, PIP 3:1s use as an intermediate can be central to achieving properties necessary to meet performance standards for cyanoacrylates used in important applications including medical, military, automotive, and aerospace sectors. PIP 3:1 is not
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expected to be present in the final product since it is used as an intermediate, and the manufacturing of cyanoacrylate adhesives occurs in a closed system. Therefore, EPA is finalizing an exclusion from the prohibitions for the processing and distribution in commerce of PIP 3:1 for this use because, without a feasible alternative for these applications, it would be impracticable to prohibit.
The proposed rule did not delay the compliance date beyond the rules effective date; the processing and distribution bans would come into effect 60 days after publication of the final rule notice. EPA stated in the proposed rule that at that time it had no information indicating that 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. The phrases as soon as practicable and reasonable transition period as used in TSCA
section 6d1 are undefined, and the legislative history on TSCA section 6d is limited. Given the ambiguity in the statute, for purposes of this expedited rulemaking, EPA presumed a 60-day compliance date was as soon as practicable, unless there was support for a lengthier period of time on the basis of reasonably available information, such as information submitted in comments on the Exposure and Use Assessment or in stakeholder dialogues. Such a presumption ensures the compliance schedule is as soon as practicable, particularly in the context of the TSCA section 6h rules for chemicals identified as persistent, bioaccumulative and toxic, and given the expedited timeframe for issuing a TSCA section 6h proposed rule did not allow time for collection and assessment of new information separate from the comment opportunities during the development of and in response to the proposed rule. Such presumption also allows for submission of information from the sources most likely to have the information that will impact an EPA
determination on whether or how best to adjust the compliance deadline to ensure that the final compliance deadline chosen is both as soon as practicable and provides a reasonable transition period.
For the prohibition on the processing and distribution in commerce of PIP
3:1 for use in adhesives and sealants, and the processing and distribution in commerce of PIP 3:1-containing adhesives and sealants more broadly, EPA is delaying the compliance date of the prohibition for four years. A

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