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 regulations and best practices to prevent the release of PIP 3:1 to water during the commercial use of PIP 3:1.
4 The downstream notification requirements in this paragraph e do not apply to the activities described in paragraphs b1vi and vii of this section.
FR Doc. 202028692 Filed 1521; 8:45 am BILLING CODE 656050P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 751
EPAHQOPPT20190080; FRL10018
89
RIN 2070AK60
Pentachlorothiophenol PCTP;
Regulation of Persistent, Bioaccumulative, and Toxic Chemicals Under TSCA Section 6h Environmental Protection Agency EPA.
ACTION: Final rule.
AGENCY:
The Environmental Protection Agency is finalizing a rule under the Toxic Substances Control Act TSCA to address its obligations under TSCA for pentachlorothiophenol PCTP CASRN
133493, which EPA has determined meets the requirements for expedited action under TSCA. This final rule prohibits all manufacturing including import, processing, and distribution in commerce of PCTP and PCTPcontaining products or articles for any use, unless PCTP concentrations are at or below 1% by weight. This rule will result in lower amounts of PCTP being manufactured, processed, and distributed, which will impact the amount that will be available for use or disposal, thus reducing the exposures to humans and the environment.
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.
eastern standard time 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 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The
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SUMMARY:
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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: Brooke Porter, Existing Chemical Management Division, Office of Pollution Prevention and Toxics, 7404T, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 204600001;
telephone number: 202 5646388;
email address: porter.brooke@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 pentachlorothiophenol PCTP or products or articles that contain PCTP, especially rubber products. 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:
Sporting and Athletic Goods Manufacturing NAICS Code 339920;
Sporting and Recreational Goods and Supplies Merchant Wholesale NAICS Code 423910;
Sporting Goods Stores NAICS Code 451110;
All Other Rubber Product Manufacturing NAICS Code 326299.
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.
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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. PCTP
CASRN 87865, primarily found as an impurity in the zinc salt of PCTP, is one such chemical substance. 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.
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
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 manufacture including import, processing, and distribution in commerce of PCTP and products and articles containing PCTP, unless PCTP
concentrations are at or below 1% by weight. Specifically, all persons are prohibited from all manufacturing and processing of PCTP or PCTP-containing products or articles, unless PCTP
concentrations are at or below 1% by weight after March 8, 2021, and all persons are prohibited from all distribution in commerce of PCTP or PCTP-containing products or articles, unless PCTP concentrations are at or below 1% by weight after January 6, 2022. In addition, after March 8, 2021, persons manufacturing, processing, and distributing in commerce PCTP and articles and products containing PTCP
must maintain, for three years from the date the record is generated, ordinary business records related to compliance with the prohibitions and restrictions that include the name of the purchaser and list the products or articles. This
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