Federal Register - January 6, 2021
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Source: Federal Register
Federal Register / Vol. 86, No. 3 / Wednesday, January 6, 2021 / Rules and Regulations affected by the final action. Of the four small entities assessed, none 0% are expected to experience impacts of more than 1% of revenues. Because only four small businesses are directly impacted and impacts are less than 1% for all small entities, EPA presumes no significant economic impact on a substantial number of small entities no SISNOSE. Details of this analysis are presented in the Economic Analysis Ref. 3.
E. Unfunded Mandates Reform Act UMRA
This action does not contain an unfunded mandate of $100 million or more as described in UMRA, 2 U.S.C.
15311538, and will not significantly or uniquely affect small governments. The final rule is not expected to result in expenditures by State, local, and Tribal governments, in the aggregate, or by the private sector, of $100 million or more when adjusted annually for inflation in any one year. Accordingly, this final rule is not subject to the requirements of sections 202, 203, or 205 of UMRA.
The total quantified annualized social costs for this final rule are approximately $23.8 million at a 3%
discount rates, and $23.0 million at a 7% discount rate, which does not exceed the inflation-adjusted unfunded mandate threshold of $160 million.
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F. Executive Order 13132: Federalism This action does not have federalism implications because it is not expected to have substantial direct effects on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government as specified in Executive Order 13132 64 FR 43255, August 10, 1999. Thus, Executive Order 13132 does not apply to this action.
G. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments This action does not have tribal implications because it is not expected to have substantial direct effects on tribal governments, on the relationship between the Federal Government and the Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes as specified in Executive Order 13175 65 FR 67249, November 9, 2000.
Thus, Executive Order 13175 does not apply to this final rule.
Consistent with the EPA Policy on Consultation and Coordination with Indian Tribes, EPA consulted with tribal officials during the development of this action. EPA consulted with
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representatives of Tribes via teleconference on August 31, 2018, and September 6, 2018, concerning the prospective regulation of the five PBT
chemicals under TSCA section 6h.
Tribal members were encouraged to provide additional comments after the teleconferences. EPA received two comments from the Keweenaw Bay Indian Community and Maine Tribes Refs. 17 and 18.
H. Executive Order 13045: Protection of Children From Environmental Health and Safety Risks This action is not subject to Executive Order 13045 62 FR 19885, April 23, 1997 because it is not an economically significant regulatory action as defined by Executive Order 12866. Although the action is not subject to Executive Order 13045, the Agency considered the risks to infants and children under EPAs Policy on Evaluating Health Risks to Children. EPA did not perform a risk assessment or risk evaluation of PIP
3:1, however available data indicate the potential for reproductive and developmental effects from PIP 3:1.
More information can be found in the Exposure and Use Assessment Ref. 4
and the Environmental and Human Health Hazards of Five Persistent, Bioaccumulative and Toxic Chemicals Ref. 8. This regulation will reduce exposure to PIP 3:1 for the general population and for potentially exposed or susceptible subpopulations such as workers and children.
I. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use 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.
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
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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 40 CFR Part 751
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:
PART 751REGULATION OF CERTAIN
CHEMICAL SUBSTANCES AND
MIXTURES UNDER SECTION 6 OF THE
TOXIC SUBSTANCES CONTROL ACT
1. The authority citation for part 751
continues to read as follows:
Authority: 15 U.S.C. 2605, 15 U.S.C.
2625l4.
2. Amend 751.403 by adding in alphabetical order the terms Lubricants and grease and PIP 3:1 to read as follows:
751.403
Definitions.
Lubricants and grease mean any product used to reduce friction, heat, or wear between moving or adjacent solid surfaces, or that enhance the lubricity of other substances.
PIP 3:1 means the chemical substance phenol, isopropylated phosphate 3:1 CASRN 68937417.
3. Add 751.407 to read as follows:
751.407
PIP 3:1.
a Prohibitions. 1 General. Except as provided in paragraphs a2 and b of this section, all persons are prohibited from all processing and distributing in commerce of PIP 3:1, including in PIP
3:1-containing products or articles after March 8, 2021.
2 Phase-in Prohibitions for Specific uses of PIP 3:1 and PIP 3:1containing products and articles. i After January 6, 2025, all persons are
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