Federal Register - January 6, 2021
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Federal Register / Vol. 86, No. 3 / Wednesday, January 6, 2021 / Rules and Regulations
that use of these substitutes may be occurring in golf ball manufacturing Ref. 8, 9, and 15. Further, only one golf ball manufacturer has confirmed that it incorporates PCTP into its golf balls.
EPA believes this limited use of PCTP
is sufficient evidence of the availability of substitutes.
The potential alternatives were evaluated and scored on three characteristics: Hazard, exposure and the potential for persistence and/or bioaccumulation. Two chemicals, diphenyldisulfide and 2,2dibenzamidodiphenyl disulfide, scored lower for at least one characteristic Ref.
3. With respect to pentafluorothiophenol, there was not enough information available to score each characteristic Ref. 16.
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C. TSCA Section 26h Considerations In accordance with TSCA section 26h and taking into account the requirements of TSCA section 6h, EPA
has used scientific information, technical procedures, measures, and methodologies that are fit for purpose and consistent with the best available science. For example, EPA based its determination that human and environmental exposures to PCTP are likely in the Exposure and Use Assessment Ref. 5 discussed in Unit II.A.2, which underwent a peer review and public comment process, as well as using best available science and methods sufficient to make that determination. The extent to which the various information, procedures, measures, and methodologies, as applicable, used in EPAs decision making have been subject to independent verification or peer review is adequate to justify their use, collectively, in the record for this rule.
Additional information on the peer review and public comment process, such as the peer review plan, the peer review report, and the Agencys response to comments, are in the public docket for this action EPAHQOPPT
20180314. In addition, in accordance with TSCA section 26i and taking into account the requirements of TSCA
section 6h, EPA has made scientific decisions based on the weight of the scientific evidence.
IV. References The following is a list of the documents that are specifically referenced in this document. The docket includes these documents and other information considered by EPA, including documents that are referenced within the documents that are included in the docket, even if the referenced document is not physically located in
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the docket. All records in docket EPA
HQOPPT20190080 are part of the record for this rulemaking. For assistance in locating these other documents, please consult the technical person listed under FOR FURTHER
INFORMATION CONTACT.
1. EPA. TSCA Work Plan for Chemical Assessments: 2014 Update. October 2014. https www.epa.gov/
assessingand-managing-chemicalsunder-tsca/tsca-work-planchemical-ssessments-2014-update.
Accessed March 1, 2019.
2. EPA. TSCA Work Plan Chemicals:
Methods Document. February 2012.
https www.epa.gov/sites/
production/files/2014-03/
documents/work_plan_methods_
document_web_final.pdf. Accessed March 1, 2019.
3. EPA. Economic Analysis for Regulation of Pentachlorothiophenol PCTP
Under TSCA Section 6h.
December 2020.
4. EPA. Regulation of Persistent, Bioaccumulative, and Toxic Chemicals Under TSCA Section 6h; Response to Public Comments.
December 2020. Docket EPAHQ
OPPT20190080.
5. EPA. Exposure and Use Assessment of Five Persistent, Bioaccumulative, and Toxic Chemicals. December 2020. EPAHQOPPT20190080
0518.
6. EPA. Public Database 2016 Chemical Data Reporting. Washington, DC:
US Environmental Protection Agency, Office of Pollution Prevention and Toxics.
7. Lucas, CR; Peach, ME. 1970.
Reactions of Pentachlorothiophenol. Canadian Journal of Chemistry. 48:1869.
8. Watanabe, Hideo; Kasashima, Atuski, Multi-piece solid golf ball. US
Patent Number US7367901B2, filed January 11, 2007, and published May 6, 2008.
9. Kennedy III, Thomas J., Binette, Mark L., Golf ball, US Patent Number 20060019771, filed July 20, 2004, and published January 26, 2006.
10. EPA. Preliminary Information on Manufacturing, Processing, Distribution, Use, and Disposal:
Pentachlorothiophenol. August 2017. EPAHQOPPT20160739
0003.
11. EPA. Environmental and Human Health Hazards of Five Persistent, Bioaccumulative and Toxic Chemicals. December 2020.
12. American Elements. Los Angeles, CA. Zinc Chlorothiophenolate.
https
PO 00000
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Fmt 4701
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www.americanelements.com/
zincchlorothiophenolate-117-97-5.
Accessed March 3, 2019.
13. National Library of Medicine.
ToxNet, Hazardous Substance Data Bank. Pentachlorothiophenol:
CASRN: 133493. https
toxnet.nlm.nih.gov/cgi-bin/sis/
search2/f temp/ebPHHj:1
Accessed March 4, 2019.
14. Struktol Company of America, LLC.
Stow, OH. Rubber Handbook. 2004.
http www.struktol.com/pdfs/
RubberHB.pdf. Accessed March 4, 2019.
15. Voorheis PR, Rajagopalan M. Golf ball core compositions comprising unsaturated long chain organic acids and their salts. US Patent Number: US6762247B2, filed September 9, 2002, published July 13, 2004.
16. EPA. Persistence, Bioaccumulation, Environmental Hazard and Human Health Hazard Ratings for Alternatives to PBT Chemicals Proposed for Regulation. April 2019.
17. Keweenaw Bay Indian Community.
Re: Notification of Consultation and Coordination on a Rulemaking Under the Toxic Substances Control Act: Regulation of Persistent, Bioaccumulative, and Toxic Chemicals Under TSCA Section 6h. September 25, 2018.
18. Harper, Barbara and Ranco, Darren, in collaboration with the Maine Tribes. Wabanaki Traditional Cultural Lifeways Exposure Scenario. July 9, 2009.
V. Statutory and Executive Order Reviews Additional information about these statutes and Executive Orders can be found at https www.epa.gov/lawsregulations-and-executive-orders.
A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulations and Regulatory Review This action is a significant regulatory action that was submitted to the Office of Management and Budget OMB for review under Executive Order 12866 58
FR 51735, October 4, 1993 and 13563
76 FR 3821, January 21, 2011. Any changes made in response to OMB
recommendations have been documented in the docket for this action as required by section 6a3E of Executive Order 12866.
EPA prepared an economic analysis of the potential costs and benefits associated with this action. A copy of this economic analysis, Economic Analysis for Pentachlorothiophenol
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