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Federal Register / Vol. 86, No. 3 / Wednesday, January 6, 2021 / Rules and Regulations
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 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. 11 and 12.
H. Executive Order 13045: Protection of Children From Environmental Health and Safety Risks
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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. While 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 HCBD, the available data indicate exposure to HCBD may disproportionately affect children, and effects information indicating developmental effects. This regulation will reduce the exposure to HCBD that could occur from the prohibited activities for the general population and for potentially exposed or susceptible subpopulations such as children. More information can be found in the Exposure and Use Assessment Ref. 5.

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 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. EPA believes that the restrictions on HCBD in this final rule will reduce the potential for exposure in the United States, thus benefitting all communities, including environmental justice communities.
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 in 40 CFR Part 751
Environmental protection, Chemicals, Export Notification, Hazardous substances, Import certification, Reporting and recordkeeping.

I. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use
Andrew Wheeler, Administrator.

This action is not a significant energy action as defined in Executive Order 13211 66 FR 28355, May 22,
Therefore, for the reasons stated in the preamble, 40 CFR part 751 is amended as follows:

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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 term HCBD to read as follows:

Subpart EPersistent, Bioaccumulative, and Toxic Chemicals 751.403

Definitions.

HCBD means the chemical substance hexachlorobutadiene CASRN 87683.

3. Add 751.413 to read as follows:

751.413

HCBD.

a Prohibition. After March 8, 2021, all persons are prohibited from all manufacturing, processing and distribution in commerce of HCBD and HCBD-containing products or articles, except for the following:
1 Unintentional production of HCBD
as a byproduct in the production of chlorinated solvents; and 2 Processing and distribution in commerce of HCBD for burning as a waste fuel.
b Recordkeeping. After March 8, 2021, manufacturers, processors and distributors of HCBD or HCBDcontaining products or articles must maintain ordinary business records related to compliance with the prohibitions, restrictions and other provisions of this section, such as invoices and bills-of-lading. These records must be maintained for a period of three years from the date the record is generated.
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