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Federal Register / Vol. 86, No. 49 / Tuesday, March 16, 2021 / Proposed Rules C. What action is EPA taking?
EPA is inviting public comment on the provisions of the final rules. The Agency is broadly re-examining TSCA
section 6h requirements and other provisions of amended TSCA, including determining how the new Executive orders and other direction provided by the Biden-Harris Administration Refs.
913 will be addressed, as well as new information received from stakeholders.
As part of this process, EPA will review and consider revising the final PBT
rules with an eye towards reducing exposure to the extent practicable, environmental justice, scientific integrity, and EPAs mission of protecting human health and the environment, taking into consideration information received while the rules were under development as well as any new information submitted since the rules were finalized and information received in response to this document.
EPA is also aware of and plans to consider revisions in response to implementation issues that have been raised by a range of stakeholders. In particular, EPA is seeking comment on newly-raised issues associated with the March 8, 2021, compliance date in the PIP 3:1 rule for certain regulated articles.

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D. What should I consider as I prepare my comments for EPA?
1. Submitting CBI. Do not submit this information to EPA through regulations.gov or email. Clearly mark the part or all of the information that you claim to be CBI. For CBI
information in a disk or CDROM that you mail to EPA, mark the outside of the disk or CDROM as CBI and then identify electronically within the disk or CDROM the specific information that is claimed CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI
must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2.
2. Tips for preparing your comments.
When preparing and submitting your comments, see the commenting tips at http www.epa.gov/dockets/
comments.html.
II. Summary of the Final PBT Rules This unit provides a summary of the five TSCA section 6h final rules that published in the Federal Register of January 6, 2021. However, each rule should be consulted for additional
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A. 2,4,6-tristert-butylphenol 2,4,6TTBP; Regulation of Persistent, Bioaccumulative, and Toxic Chemicals Under TSCA Section 6h RIN 2070
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Uses of 2,4,6-TTBP may be grouped into four general categories: 1
Domestic manufacture and use as an intermediate/reactant in processing at chemical facilities; 2 use in formulations and mixtures for fuel treatment in refineries and fuel facilities; 3 use in formulations intended for the maintenance or repair of motor vehicles and machinery at small commercial operations and for retail sale, and 4 use in formulations and mixtures for liquid lubricant and grease additives/antioxidants additives.
2,4,6-TTBP is toxic to aquatic plants, aquatic invertebrates, and fish.
Surveyed animal data indicate the potential for liver and developmental effects. The final rule for 2,4,6-TTBP
Ref. 4 prohibits the distribution in commerce of 2,4,6-TTBP and products containing 2,4,6-TTBP at concentrations above 0.3% by weight in any container with a volume of less than 35 gallons in order to minimize the use of 2,4,6-TTBP
as a fuel additive or fuel injector cleaner by consumers and small commercial operations e.g., automotive repair shops, marinas. The final rule also prohibits the processing and distribution in commerce of 2,4,6-TTBP, and products containing 2,4,6-TTBP, for use as an oil or lubricant additive in concentrations above 0.3% by weight regardless of container size. The final rule includes a number of broad exclusions or definitions intended to apply to each of the five PBT rules, including definitions of article and product and exclusions for research and development, disposal, and the resale of products and articles previously sold to an end user.

invertebrates, fish, and terrestrial invertebrates. Data indicate the potential for developmental, neurological, and immunological effects, general developmental toxicity, liver effects, and carcinogenicity. The final rule for decaBDE Ref. 5 prohibits the manufacture including import and processing of decaBDE, and products and articles containing decaBDE, as of March 8, 2021. Distribution in commerce of products and articles to which decaBDE has been added is prohibited as of January 6, 2022.
Different compliance dates or exclusions include:
Manufacture, processing, and distribution in commerce for use in curtains in the hospitality industry after July 6, 2022;
Processing and distribution in commerce for use in wire and cable insulation in nuclear power generation facilities after January 6, 2023;
Manufacture, processing, and distribution in commerce for use in parts for new aerospace vehicles after January 8, 2024;
Manufacture, processing, and distribution in commerce for use in replacement parts for aerospace vehicles until the end of the vehicles service lives;
Manufacture, processing, and distribution in commerce for use in replacement parts for motor vehicles until the end of the vehicles service lives or 2036, whichever is earlier;
Distribution in commerce of plastic shipping pallets manufactured prior to the publication of the final rule that contain decaBDE until the end of the pallets service lives; and Processing and distribution in commerce for recycling of plastic that contained decaBDE before the plastic was recycled, and the articles and products made from such recycled plastic so long as no new decaBDE is added during the recycling or production process.

B. Decabromodiphenyl Ether DecaBDE; Regulation of Persistent, Bioaccumulative, and Toxic Chemicals Under TSCA Section 6h RIN 2070
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DecaBDE Ref. 5 is used as an additive flame retardant in plastic enclosures for televisions, computers, audio and video equipment, textiles and upholstered articles, wire and cables for communication and electronic equipment, and other applications.
DecaBDE is also used as a flame retardant for multiple applications for aerospace and automotive vehicles, including replacement parts for aircraft and cars. DecaBDE is toxic to aquatic
C. Phenol, Isopropylated Phosphate 3:1 PIP 3:1; Regulation of Persistent, Bioaccumulative, and Toxic Chemicals Under TSCA Section 6h RIN 2070
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PIP 3:1 Ref. 6 is used as a plasticizer, a flame retardant, an antiwear additive, or an anti-compressibility additive in hydraulic fluid, lubricating oils, lubricants and greases, various industrial coatings, adhesives, sealants, and plastic articles. PIP 3:1 is toxic to aquatic plants, aquatic invertebrates, sediment invertebrates and fish. Data indicate the potential for reproductive and developmental effects, neurological effects and effects on systemic organs,
details on the requirements adopted and the rationale for those requirements.

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