866 Federal Register / Vol. 86, No. 3 / Wednesday, January 6, 2021 / Rules and Regulations 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 751 

[EPA–HQ–OPPT–2019–0080; FRL–10018– 

90] 

RIN 2070–AK59 

2,4,6-tris(tert-butyl)phenol (2,4,6- 

TTBP); Regulation of Persistent, 

Bioaccumulative, and Toxic Chemicals 

Under TSCA Section 6(h) 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is finalizing a rule under 

the Toxic Substances Control Act 

(TSCA) to address its obligations under 

TSCA for 2,4,6-tris(tert-butyl)phenol 

(2,4,6-TTBP) (CASRN 732–26–3), which 

EPA has determined meets the 

requirements for expedited action under 

TSCA. This final rule prohibits the 

distribution in commerce of 2,4,6-TTBP 

and products containing 2,4,6-TTBP at 

concentrations above 0.3% in any 

container with a volume of less than 35 

gallons for any use, in order to 

effectively prevent the use of 2,4,6- 

TTBP as an antioxidant in fuel additives 

or fuel injector cleaners by consumers 

and small commercial operations (e.g., 

automotive repair shops, marinas). This 

final rule also prohibits the processing 

and distribution in commerce of 2,4,6- 

TTBP, and products containing 2,4,6- 

TTBP at concentrations above 0.3 

percent by weight, for use as an oil or 

lubricant additive, regardless of 

container size. These requirements will 

reduce the exposure to humans and the 

environment, by reducing the potential 

for consumer exposures to 2,4,6-TTBP 

and potential occupational exposure in 

certain industries where workers are 

unprotected, as well as potential 

releases to the environment from 

consumer and small commercial 

operations use. 

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. 

(e.s.t.) on January 21, 2021. 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPPT–2019–0080, 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 

telephone number for the Public 

Reading Room is (202) 566–1744, and 

the telephone number for the OPPT 

Docket is (202) 566–0280. 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: Peter 

Gimlin, Existing Chemicals Risk 

Management Division, Office of 

Pollution Prevention and Toxics, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW, Washington, DC 

20460–0001; telephone number: (202) 

566–0515; email address: gimlin.peter@

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 products 

containing this chemical, 2,4,6-tris(tertbutyl)phenol (2,4,6-TTBP), especially 

fuel additives, fuel injector cleaners and 

oil and lubricants. 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: 

• Petroleum Refineries (NAICS Code: 

324110); 

• Petrochemical Manufacturing 

(NAICS Code: 325110); 

• All Other Basic Organic Chemical 

Manufacturing (NAICS Code: 325199); 

• Polish and Other Sanitation Good 

Manufacturing (NAICS Code: 325612); 

• All Other Miscellaneous Chemical 

Product and Preparation Manufacturing 

(NAICS Code: 325998); 

• Lawn and Garden Tractor and 

Home Lawn and Garden Equipment 

Manufacturing (NAICS Code: 333112); 

• Aircraft Manufacturing (NAICS 

Code: 336411); 

• Motor Vehicle Supplies and New 

Parts Merchant Wholesalers (NAICS 

Code: 423120); 

• Petroleum and Petroleum Products 

Merchant Wholesalers (except Bulk 

Stations and Terminals) (NAICS Code: 

424720); 

• Farm Supplies Merchant 

Wholesalers (NAICS Code: 424910); 

Boat Dealers (NAICS Code: 441222); 

• Automotive Parts and Accessories 

Stores (NAICS Code: 441310); 

• Gasoline Stations with Convenience 

Stores (NAICS Code: 447110); 

• Other Gasoline Stations (NAICS 

Code: 447190); 

• General Merchandise Stores (NAICS 

Code: 452); 

• Aircraft Maintenance and Repair 

Services (NAICS Code: 488190); 

• Marinas (NAICS Code: 713930); and 

• General Automotive Repair (NAICS 

Code: 811111). 

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. 

B. What is the Agency’s authority for 

taking this action? 

Section 6(h) of TSCA, 15 U.S.C. 2601 

et seq., directs EPA to issue a final rule 

under TSCA section 6(a) on certain 

persistent, bioaccumulative, and toxic 

(PBT) chemical substances. More 

specifically, 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). 

2,4,6-TTBP is one such chemical 

substance. TSCA section 6(h) 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 

19(a). 

C. What action is the Agency taking? 

EPA published a proposed rule on 

July 29, 2019 to address the five PBT 


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chemicals EPA identified pursuant to 

TSCA section 6(h) (84 FR 36728; FRL– 

9995–76). After publication of the 

proposed rule, EPA determined to 

address the five PBT chemicals in 

separate final actions. This final rule 

prohibits the distribution in commerce 

of 2,4,6-TTBP and products containing 

2,4,6-TTBP at concentrations above 

0.3% (i.e., present as a functional 

additive instead of as impurity) in any 

container with a volume of less than 35 

gallons for any use, beginning on 

January 6, 2026, in order to effectively 

prevent 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). This final rule also 

prohibits the processing and 

distribution in commerce of 2,4,6-TTBP, 

and products containing 2,4,6-TTBP at 

concentrations above 0.3%, for use as an 

oil or lubricant additive, regardless of 

container size, beginning on January 6, 

2026. Beginning on January 6, 2026, 

affected persons are required to 

maintain, for three years from the date 

the record is generated, ordinary 

business records related to compliance 

with these restrictions. For this specific 

chemical, ordinary business records that 

include the name of the purchaser and 

the sizes of the containers supplied 

would be sufficient. This provision is 

not intended to require subject 

companies to retain records in addition 

to those specified herein, except as 

needed pursuant to normal business 

operations. 

D. Why is the Agency taking this action? 

EPA is issuing this final rule to fulfill 

EPA’s obligations under TSCA section 

6(h) to take timely regulatory action on 

PBT chemicals—specifically, ‘‘to 

address the risks of injury to health or 

the environment that the Administrator 

determines are presented by the 

chemical substance and to reduce 

exposure to the substance to the extent 

practicable.’’ Consistent with that 

requirement, the Agency is finalizing 

this rule to reduce exposures to 2,4,6- 

TTBP to the extent practicable. 

E. What are the estimated incremental 

impacts of this action? 

EPA has evaluated the potential costs 

of these final restrictions and 

prohibitions and the associated 

reporting and recordkeeping 

requirements. The ‘‘Economic Analysis 

for Final Regulation of 2,4,6-Tris(tertbutyl)phenol (2,4,6-TTBP) Under TSCA 

Section 6(h)’’ (Economic Analysis) (Ref. 

3) is available in the docket and is 

briefly summarized here. 

• Benefits. EPA was not able to 

quantify the benefits of reducing the 

potential for human and environmental 

exposures to 2,4,6-TTBP. As discussed 

in more detail in Unit II.A., EPA did not 

perform risk evaluations for 2,4,6-TTBP, 

nor did EPA develop quantitative risk 

estimates. Therefore, the Economic 

Analysis (Ref. 3) qualitatively discusses 

the benefits of reducing the exposure 

under the final action and the primary 

alternative regulatory action for 2,4,6- 

TTBP. 

• Costs. Total quantified annualized 

social costs for this final rule are 

approximately $5.6 million at a 3% 

discount rate and $4.9 million at a 7% 

discount rate. Potential unquantified 

costs are those associated with testing, 

reformulation, importation of articles, 

foregone profits, and indirect costs. The 

limited data available for those costs 

prevents EPA from constructing a 

quantitative assessment. 

• Small entity impacts. This rule will 

impact approximately three small 

businesses of which none are expected 

to incur cost impacts of 1% or greater 

of their revenue. 

• Environmental Justice. This rule 

will increase the level of protection for 

all affected populations without having 

any disproportionately high and adverse 

human health or environmental effects 

on any population, including any 

minority or low-income population or 

children. 

• Effects on State, local, and Tribal 

governments. This rule does not have 

any significant or unique effects on 

small governments, or federalism or 

tribal implications. 

F. Children’s Environmental Health 

Executive Order 13045 applies if the 

regulatory action is economically 

significant and concerns an 

environmental health risk or safety risk 

that may disproportionately affect 

children. This final rule is not subject to 

Executive Order 13045 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’s 

Policy on Evaluating Health Risks to 

Children (https://www.epa.gov/ 

children/epas-policy-evaluating-riskchildren) is to consider the risks to 

infants and children consistently and 

explicitly during its decision making 

process. This regulation will reduce the 

exposure that could occur from 

activities now prohibited under this 

final rule to 2,4,6-TTBP 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. 4). 

II. Background 

A. History of This Rulemaking: TSCA 

Sections 6(h) and the TSCA Work Plan 

TSCA section 6(h) requires EPA to 

take expedited regulatory action under 

TSCA section 6(a) for certain PBT 

chemicals identified in the 2014 Update 

to the TSCA Work Plan for Chemical 

Assessments (Ref. 1). As required by the 

statute, EPA issued a proposed rule to 

address five persistent, 

bioaccumulative, and toxic chemicals 

identified pursuant to TSCA section 

6(h) (84 FR 36728, July 29, 2019). The 

statute required that this be followed by 

promulgation of a final rule no later 

than 18 months after the proposal. 

While EPA proposed regulatory actions 

on each chemical substance in one 

proposal, in response to public 

comments requesting these five actions 

be separated, EPA is finalizing five 

separate actions to individually address 

each of the PBT chemicals. EPA intends 

for the five separate final rules to 

publish in the same issue of the Federal 

Register. More discussion on these 

comments is in the response to 

comments document (Ref. 5). The 

details of the proposal for 2,4,6-TTBP 

are described in more detail in Unit II.D. 

Under TSCA section 6(h)(1)(A), 

chemical substances subject to 

expedited action are those that: 

• 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 

2012 TSCA Work Plan Chemicals: 

Methods Document or a successor 

scoring system; 

• Are not a metal or a metal 

compound; and 

• Are chemical substances for which 

EPA has not completed a TSCA Work 

Plan Problem Formulation, initiated a 

review under TSCA section 5, or 

entered into a consent agreement under 

TSCA section 4, prior to June 22, 2016, 

the date that TSCA was amended by the 

Frank R. Lautenberg Chemical Safety for 

the 21st Century Act (Pub. L. 114–182, 

130 Stat. 448). 

In addition, in order for a chemical 

substance to be subject to expedited 

action, TSCA section 6(h)(1)(B) states 

that EPA must find that exposure to the 

chemical substance under the 

conditions of use is likely to the general 

population or to a potentially exposed 

or susceptible subpopulation identified 

by the Administrator (such as infants, 

children, pregnant women, workers, or 

the elderly), or to the environment on 


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the basis of an exposure and use 

assessment conducted by the 

Administrator. TSCA section 6(h)(2) 

further provides that the Administrator 

shall not be required to conduct risk 

evaluations on chemical substances that 

are subject to TSCA section 6(h)(1). 

Based on the criteria set forth in 

TSCA section 6(h), EPA proposed to 

determine that five chemical substances 

meet the TSCA section 6(h)(1)(A) 

criteria for expedited action, and 2,4,6- 

TTBP is one of these five chemical 

substances. In addition, and in 

accordance with the statutory 

requirements to demonstrate that 

exposure to the chemical substance is 

likely under the conditions of use, EPA 

conducted an Exposure and Use 

Assessment for 2,4,6-TTBP. As 

described in the proposed rule, EPA 

conducted a review of available 

literature with respect to 2,4,6-TTBP to 

identify, screen, extract, and evaluate 

reasonably available information on use 

and exposures. This information is in 

the document entitled ‘‘Exposure and 

Use Assessment of Five Persistent, 

Bioaccumulative and Toxic Chemicals’’ 

(Ref. 4). Based on this review, which 

was subject to peer review and public 

comment, EPA finds that exposure to 

2,4,6-TTBP is likely, based on 

information detailed in the Exposure 

and Use Assessment. 

B. Other Provisions of TSCA Section 6 

1. EPA’s approach for implementing 

TSCA section 6(h)(4). 

TSCA section 6(h)(4) requires EPA to 

issue a TSCA section 6(a) rule to 

‘‘address the risks of injury to health or 

the environment that the Administrator 

determines are presented by the 

chemical substance and reduce 

exposure to the substance to the extent 

practicable.’’ EPA reads this text to 

require action on the chemical, not 

specific conditions of use. 

The approach EPA takes is consistent 

with the language of TSCA section 

6(h)(4) and its distinct differences from 

other provisions of TSCA section 6 for 

chemicals that are the subject of 

required risk evaluations. First, the term 

‘‘condition of use’’ is only used in TSCA 

section 6(h) in the context of the TSCA 

section 6(h)(1)(B) finding relating to 

likely exposures under ‘‘conditions of 

use’’ to ‘‘the general population or to a 

potentially exposed or susceptible 

subpopulation . . . or the 

environment.’’ In contrast to the risk 

evaluation process under TSCA section 

6(b), this TSCA section 6(h)(1)(B) 

threshold criterion is triggered only 

through an Exposure and Use 

Assessment regarding the likelihood of 

exposure and does not require 

identification of every condition of use 

(Ref. 4). As a result, EPA collected all 

the information it could on the use of 

each chemical substance, without regard 

to whether any chemical activity would 

be characterized as ‘‘known, intended or 

reasonably foreseen to be manufactured, 

processed, distributed in commerce, 

used, or disposed of,’’ and from that 

information created use profiles and 

then an Exposure and Use Assessment 

to make the TSCA section 6(h)(1)(B) 

finding for at least one or more 

‘‘condition of use’’ activities where 

some exposure is likely. EPA did not 

attempt to precisely classify all 

activities for each chemical substance as 

a ‘‘condition of use’’ and thus did not 

attempt to make a TSCA section 

6(h)(1)(B) finding for all chemical 

activities summarized in the Exposure 

and Use Assessment. Second, TSCA 

section 6 generally requires a risk 

evaluation under TSCA section 6(b) for 

chemicals based on the identified 

conditions of use. However, pursuant to 

TSCA section 6(h)(2), for chemical 

substances that meet the criteria of 

TSCA section 6(h)(1), a risk evaluation 

is neither required nor contemplated to 

be conducted for EPA to meet its 

obligations under TSCA section 6(h)(4). 

Rather, as noted in Unit II.B.3., if a 

previously prepared TSCA risk 

assessment exists, EPA would have 

authority to use that risk assessment to 

‘‘address risks’’ under TSCA section 

6(h)(4), but even that risk assessment 

would not necessarily be focused on 

whether an activity is ‘‘known, intended 

or reasonably foreseen,’’ as those terms 

were not used in TSCA prior to the 2016 

amendments and a preexisting 

assessment of risks would have had no 

reason to use such terminology or make 

such judgments. It is for this reason EPA 

believes that the TSCA section 6(h)(4) 

‘‘address risk’’ standard refers to the 

risks the Administrator determines ‘‘are 

presented by the chemical substance’’ 

and makes no reference to ‘‘conditions 

of use.’’ Congress did not contemplate 

or require a risk evaluation identifying 

the conditions of use as defined under 

TSCA section 3(4). The kind of analysis 

required to identify and evaluate the 

conditions of use for a chemical 

substance is only contemplated in the 

context of a TSCA section 6(b) risk 

evaluation, not in the context of an 

expedited rulemaking to address PBT 

chemicals. 

Similarly, the TSCA amendments 

require EPA to ‘‘reduce exposure to the 

substance to the extent practicable,’’ 

without reference to whether the 

exposure is found ‘‘likely’’ pursuant to 

TSCA section 6(h)(1)(B). 

Taking this into account, EPA reads 

its TSCA section 6(h)(4) obligation to 

apply to the chemical substance 

generally, thus requiring EPA to address 

risks and reduce exposures to the 

chemical substance without focusing on 

whether the measure taken is specific to 

an activity that might be characterized 

as a ‘‘condition of use’’ as that term is 

defined in TSCA section 3(4) and 

interpreted by EPA in the Risk 

Evaluation Rule, 82 FR 33726 (July 20, 

2017). This approach ensures that any 

activity involving a TSCA section 6(h) 

PBT chemical, past, present or future, is 

addressed by the regulatory approach 

taken. Thus, under this final rule, EPA 

grouped all activities with 2,4,6-TTBP 

into four general categories, and 

addressed the practicability of specific 

standards for each group. As described 

in detail in Unit II.F., EPA has 

considered the uses of 2,4,6-TTBP in 

these 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 entities and for retail 

sale, and (4) use in formulations and 

mixtures for liquid lubricant and grease 

additives/antioxidants additives. This 

final rule prohibits distribution of 2,4,6- 

TTBP and products containing 2,4,6- 

TTBP in any container with a volume of 

less than 35 gallons for any use, as well 

as processing and distribution of 2,4,6- 

TTBP and products containing 2,4,6- 

TTBP for use as an oil or lubricant 

additive, and thus reduces the 

exposures that will result with 

resumption of past activities or the 

initiation of similar or other activities in 

the future. Therefore, EPA has 

determined that prohibiting these 

activities will reduce exposures to the 

extent practicable. The approach taken 

for this rulemaking is limited to 

implementation of TSCA section 6(h) 

and is not relevant to any other action 

under TSCA section 6 or other statutory 

actions. 

2. EPA’s interpretation of 

‘‘practicable.’’ 

The term ‘‘practicable’’ is not defined 

in TSCA. EPA interprets this 

requirement as generally directing the 

Agency to consider such factors as 

achievability, feasibility, workability, 

and reasonableness. In addition, EPA’s 

approach to determining whether 

particular prohibitions or restrictions 

are practicable is informed in part by a 

consideration of certain other provisions 

in TSCA section 6, such as TSCA 


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section 6(c)(2)(A) which requires the 

Administrator to consider health effects, 

exposure, and environmental effects of 

the chemical substance; benefits of the 

chemical substance; and the reasonably 

ascertainable economic consequences of 

the rule. In addition, pursuant to TSCA 

section 6(c)(2)(B), in selecting the 

appropriate TSCA section 6(a) 

regulatory approach to take, the 

Administrator is directed to ‘‘factor in, 

to the extent practicable’’ those same 

considerations. 

EPA received comments on the 

proposed rule regarding this 

interpretation of ‘‘practicable.’’ EPA has 

reviewed these comments and believes 

the interpretation described previously 

within this Unit is consistent with the 

intent of TSCA and has not changed that 

interpretation. EPA’s interpretation of 

an ambiguous statutory term receives 

deference. More discussion on these 

comments is in the Response to 

Comments document for this 

rulemaking (Ref. 5). 

3. EPA did not conduct a risk 

assessment. 

As EPA explained in the proposed 

rule, EPA does not interpret the 

‘‘address risk’’ language to require EPA 

to determine, through a risk assessment 

or risk evaluation, whether risks are 

presented. EPA believes this reading 

gives the Administrator the flexibility 

Congress intended for issuance of 

expedited rules for PBTs and is 

consistent with TSCA section 6(h)(2) 

which makes clear that a risk evaluation 

is not required to support this 

rulemaking. 

EPA received comments on the 

proposed rule regarding its 

interpretation of TSCA section 6(h)(4) 

and regarding EPA’s lack of risk 

assessment or risk evaluation of 2,4,6- 

TTBP. A number of commenters 

commented that, while EPA was not 

compelled to conduct a risk evaluation, 

EPA should have conducted a risk 

evaluation under TSCA section 6(b) 

regardless. The rationales provided by 

the commenters for such a risk 

assessment or risk evaluation included 

that one was needed for EPA to fully 

quantify the benefits to support this 

rulemaking, and that without a risk 

evaluation, EPA would not be able to 

determine the benefits, risks, and cost 

effectiveness of the rule in a meaningful 

way. As described by the commenters, 

EPA would therefore not be able to meet 

the TSCA section 6(c)(2) requirement for 

a statement of these considerations. 

Regarding the contradiction between the 

mandate in TSCA section 6(h) to 

expeditiously issue a rulemaking and 

the time needed to conduct a risk 

evaluation, some commenters argued 

that EPA would have had enough time 

to conduct a risk evaluation and issue 

a proposed rule by the statutory 

deadline. 

For similar reasons, EPA does not 

believe that TSCA section 6(c)(2) 

requires a quantification of benefits, 

much less a specific kind of 

quantification. Under TSCA section 

6(c)(2)(A)(iv), EPA must consider and 

publish a statement, based on 

reasonably available information, on the 

reasonably ascertainable economic 

consequences of the rule, but that 

provision does not require 

quantification, particularly if 

quantification is not possible. EPA has 

reasonably complied with this 

requirement by including a 

quantification of direct costs and a 

qualitative discussion of benefits in 

each of the preambles to the final rules. 

EPA was unable to quantify the indirect 

costs associated with the rule. Further 

discussion on these issues can be found 

in the Response to Comment document. 

(Ref. 5) 

EPA disagrees with the commenters’ 

interpretation of EPA’s obligations with 

respect to chemicals subject to TSCA 

section 6(h)(4). TSCA section 6(h)(4) 

provides that EPA shall: (1) ‘‘Address 

the risks of injury to health or the 

environment that the Administrator 

determines are presented by the 

chemical substance’’ and (2) ‘‘reduce 

exposure to the substance to the extent 

practicable.’’ With respect to the first 

requirement, that standard is distinct 

from the ‘‘unreasonable risk’’ standard 

for all other chemicals for which a 

section 6(a) rule might be issued. EPA 

does not believe that TSCA section 6(h) 

contemplates a new evaluation of any 

kind, given that evaluations to 

determine risks are now addressed 

through the TSCA section 6(b) risk 

evaluation process and that TSCA 

section 6(h)(2) explicitly provides that 

no risk evaluation is required. 

Moreover, it would have been 

impossible to prepare a meaningful 

evaluation under TSCA and 

subsequently develop a proposed rule in 

the time contemplated for issuance of a 

proposed rule under TSCA section 

6(h)(1). Although EPA does not believe 

the statute contemplates a new 

evaluation of any kind for these reasons, 

EPA reviewed the hazard and exposure 

information on the five PBT chemicals 

EPA had compiled. However, while this 

information appropriately addresses the 

criteria of TSCA section 6(h)(1)(A) and 

(B), it did not provide a basis for EPA 

to develop sufficient and scientifically 

robust and representative risk estimates 

to evaluate whether or not any of the 

chemicals present an identifiable risk of 

injury to health or the environment. 

Rather than suggesting a new 

assessment is required, EPA reads the 

‘‘address risk’’ language in TSCA 

section 6(h)(4) to contemplate reliance 

on an existing EPA assessment under 

TSCA, similar to a risk assessment that 

may be permissibly used under TSCA 

section 26(l)(4) to regulate the chemical 

under TSCA section 6(a). This 

interpretation gives meaning to the 

‘‘address risk’’ phrase, without 

compelling an evaluation contrary to 

TSCA section 6(h)(2), and would allow 

use of an existing determination, or 

development of a new determination 

based on such an existing risk 

assessment, in the timeframe 

contemplated for issuance of a proposed 

rule under TSCA section 6(h). However, 

there were no existing EPA assessments 

of risk for any of the PBT chemicals. 

Thus, because EPA had no existing EPA 

risk assessments or determinations of 

risk, the regulatory measures addressed 

in this final rule focus on reducing 

exposures ‘‘to the extent practicable.’’ 

In sum, because neither the statute 

nor the legislative history suggests that 

a new evaluation is compelled to 

identify and thereby provide a basis for 

the Agency to ‘‘address risks’’ and one 

could not be done prior to preparation 

and timely issuance of a proposed rule, 

and no existing TSCA risk assessment 

exists for any of the chemicals, EPA has 

made no risk determination finding for 

any of the PBT chemicals. Instead, EPA 

implements the requirement of TSCA 

section 6(h)(4) by reducing exposures of 

each PBT chemical ‘‘to the extent 

practicable.’’ 

More discussion on these comments 

is in the response to comments 

document (Ref. 5). 

C. 2,4,6-TTBP Overview, Health Effects 

and Exposure 

1. Uses of 2,4,6-TTBP. 

The use information presented in this 

Unit is based on the EPA’s review of the 

reasonably available information, as 

presented in the rulemaking record, 

including public comments on the use 

documents, proposed regulation and 

other stakeholder input. 

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 


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and mixtures for liquid lubricant and 

grease additives/antioxidants additives. 

EPA summarizes below these uses and 

its conclusions regarding the exposures 

and the practicability of reducing such 

exposures. 

i. Manufacture and use as an 

intermediate/reactant. 

SI Group is currently the only large 

volume domestic manufacturer of 2,4,6- 

TTBP. Historical CDR data indicate that 

in the 1986 to 1998 reporting years, the 

aggregate range of production of 2,4,6- 

TTBP was between one and 10 million 

pounds per year and increased to a 

range of 10 to 50 million pounds per 

year in reporting years 2002 and 2006. 

The range of production in 2012, 2013, 

2014, and 2015 was confidential 

business information (CBI) in the 2016 

CDR (Ref. 6). There have not been any 

indications of substantial importation of 

2,4,6-TTBP into the United States from 

other countries. 

2,4,6-TTBP is predominantly created 

in chemical reactions as a co-product 

with a closely related alkylphenol, 2,6 

di(tert-butyl)phenol (2,6–DTBP). Neither 

chemical can be effectively produced 

commercially without co-production of 

the other. The chemical is produced as 

a mixture with its co-products, 

primarily 2,6–DTBP, at a concentration 

of approximately 85% 2,6–DTBP and 

12% 2,4,6-TTBP. (Ref. 7, EPA–HQ– 

OPPT–2019–0080–0537). SI Group 

notes that while the reaction profile for 

this trans-alkylation process can be 

shifted based on temperature of the 

reaction and ratio of isobutylene to 

phenol, there is no feasible way to 

eliminate the production of 2,4,6-TTBP 

in this reaction chemistry. 

Approximately 94% of the 2,4,6-TTBP 

produced by SI Group is consumed by 

the company in internal chemical 

processes as a feedstock for further 

production of other alkylphenol 

chemicals. This quantity of the chemical 

is not sold to other chemical processors; 

it is used by SI Group itself. 2,4,6-TTBP 

has value as a chemical intermediate in 

the production of dialkylphenol 

chemicals. Moreover, SI Group reports it 

is not possible to significantly suppress 

the formation of 2,4,6-TTBP without 

severely constraining the yield of other 

desired dialkylphenol products, 

therefore its manufacture has impacts 

beyond the commercial use of 2,4,6- 

TTBP itself. The production of other 

dialkylphenol products, including 

alternative antioxidants, is therefore a 

benefit of ongoing 2,4,6-TTBP 

manufacture. 

As noted, approximately 94% of the 

2,4,6-TTBP produced by SI Group is 

consumed by the company in internal 

processes, being used as a feedstock for 

further production of alkylphenol 

chemical products. The chemical 

reactions that use 2,4,6-TTBP as a 

chemical feedstock consume (destroy) 

the feedstock during the process, on site 

within the facility. An additional 4% of 

2,4,6-TTBP produced by SI Group, 

which is in excess of what it requires for 

chemical feedstock use, is sold as a 

waste fuel for energy use. This excess 

material stream containing 2,4,6-TTBP 

is used as a waste fuel for energy value, 

which is burned and destroyed during 

use (Ref. 8). A hydrocarbon, 2,4,6-TTBP 

has a high energy value and can be sold 

as a fuel. (The remaining 2% 

manufactured is used as a fuel additive, 

discussed later in this document.) 

SI Group notes that in the course of 

normal operations, the manufacturing 

stream of the 2,4,6-TTBP containing 

product is as a liquid, eliminating the 

possibility of fugitive and stack air 

(dust) emissions and therefore 

inhalation or exposure to dust (EPA– 

HQ–OPPT–2018–0314–0018). Based on 

the low vapor pressure of 2,4,6-TTBP, 

6.6 × 10¥4 mg Hg, EPA expects minimal 

chance of exposure by inhalation of 

vapor from such liquid (Ref. 4). Dermal 

exposure resulting from manufacturing 

and processing conditions of use at 

chemical production facilities is 

expected to be minimal due to use of 

specified engineering controls and 

required personal protective equipment 

(PPE) identified by the SI Group. For 

example, at the manufacturer/ 

processing facilities, required worker 

PPE consists of nitrile gloves, chemicalresistant slicker suits, chemical resistant 

boots, respirators with face shield and 

hard hats; workers are trained and 

monitored in the correct use of their 

PPE. Sampling during production is 

accomplished using controlled sampling 

spigots, which prevent aerosol 

formation, splashing and spillage, 

minimizing potential worker exposure. 

Controlled sampling spigots are also 

used for transfer activities (loading and 

unloading) (EPA–HQ–OPPT–2018– 

0314–0018). 

EPA has not identified releases, or 

potential releases from SI Group’s 

operations, that are posing an exposure 

to the environment and that can be 

targeted for reduction with practicable 

measures under TSCA section 6(a). 

Similarly, EPA has not identified 

exposure or potential exposures to 

workers (or the general population from 

chemical facility production and use) 

that can be targeted for reduction with 

specific measures in this rule. As 

discussed in Unit II.F., EPA believes 

that in industrial settings worker 

protection measures used by employers 

reduce exposures to the extent 

practicable and EPA has determined 

that it is not practicable to regulate 

worker exposures in this rule through 

engineering or process controls or PPE 

requirements. 

The production and use of 2,4,6-TTBP 

as a chemical intermediate has 

significance for other alkylphenol 

chemical products beyond the 

immediate uses of 2,4,6-TTBP itself, as 

a result of the difficulty in commercially 

producing these other chemicals 

without generating or using 2,4,6-TTBP 

(EPA–HQ–OPPT–2018–0314–0018), 

EPA did not propose to prohibit the 

manufacture of 2,4,6-TTBP or 

processing and use of 2,4,6-TTBP as a 

chemical intermediate. During the 

public comment period, EPA received 

no specific information addressing these 

issues as it might related to 2,4,6-TTBP 

chemical facility operations. EPA 

therefore is not imposing any additional 

regulatory controls for the manufacture 

of 2,4,6-TTBP for any use. 

ii. Use for fuel treatment in refineries 

and fuel facilities. 

As noted, of the 2,4,6-TTBP it 

produces, SI Group itself consumes 94% 

as a chemical intermediate and sells off 

another 4% as waste fuel. The 

remaining 2% of 2,4,6-TTBP produced 

by SI Group is sold for use in fuel as an 

antioxidant. The chemical is sold in a 

mixture with its co-products, primarily 

2,6–DTBP, at a concentration of 

approximately 85% 2,6–DTBP and 12% 

2,4,6-TTBP (primarily two proprietary 

chemical mixtures, Isonox® 133 and 

Ethanox® 4733) (Ref. 7). SI Group also 

stated that it does not sell, supply, or 

distribute into commerce 2,4,6-TTBP in 

a pure (neat) form. 

Most of SI Group’s antioxidant 

product goes to use at refineries: After 

refining, petroleum products such as 

fuels quickly begin to degrade due to 

oxidation. A small portion of its sales 

volume goes to processors of aftermarket 

fuel treatment products (discussed in 

the next section). SI Group does not sell 

its mixtures containing 2,4,6-TTBP 

directly to consumers. The majority of 

the 2,4,6-TTBP mixtures sold are 

blended into the fuel at the refinery or 

soon after at tank farms prior to 

commercial distribution of the fuel. 

Once blended into fuel, the resultant 

concentration of 2,4,6-TTBP in fuel is 

low, in the five to 50 ppm range. 

As summarized in the proposed rule, 

the 2,4,6-TTBP mixture is a widely used 

antioxidant for jet, automotive, and 

marine fuels. Antioxidant additives are 

essential to the storage and transport of 

fuel, as without them, fuel quickly 

begins to degrade and form harmful 

sludge and varnish. The 2,4,6-TTBP 

mixtures are the primary antioxidants 


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used in aviation, marine, and 

automotive fuel streams in the United 

States. Many current performance 

specifications for fuel require their use; 

including for specialty fuels for aviation 

and the military. The Aerospace 

Industries Association identified critical 

uses of 2,4,6-TTBP as a fuel additive/ 

antioxidant in formulations designed to 

meet specific technical performance 

requirements that are documented in a 

number of engineering specifications 

over the service life of complex 

aerospace products (EPA–HQ–OPPT– 

2016–0734–0010). The American 

Petroleum Institute also confirmed that 

their members use 2,4,6-TTBP as an 

antioxidant in gasoline, diesel, and 

aviation fuels at concentrations of 

between five and 50 parts per million to 

reduce gasoline deposits in engines and 

subsequently reduce emissions (EPA– 

HQ–OPPT–2016–0734–0006). With 

respect to use as an antioxidant in the 

general fuel supply, EPA has received 

comment supporting the beneficial 

properties of 2,4,6-TTBP as an 

antioxidant component blended in fuel. 

SI Group identified numerous U.S. 

military and ASTM standards that its 

proprietary blended products containing 

2,4,6-TTBP satisfy for the antioxidant 

requirements in fuel (Ref. 8), notably jet 

fuel that is supplied to and used by the 

U.S. military. Although particular 

specifications do not list 2,4,6-TTBP by 

CASRN or trade name, 2,4,6-TTBP is the 

preferred antioxidant component for 

fuel standards due to its chemical 

reaction potential and physical property 

characteristics (Ref. 8 and 9). According 

to the manufacturers and processors, 

any substitution of 2,4,6-TTBP with 

another alkylphenol or antioxidant 

compound would materially change the 

performance characteristics of that fuel 

and compliance with mandatory 

reference standards could not be 

assured (Ref. 9). Introducing a new jet 

fuel component into use involves the 

fuel component supplier, engine 

manufacturers, airplane makers and 

regulators in a complicated process that 

may take several years and involve 

significant cost. New fuel additives 

must be tested and approved to ensure 

they would have no negative impact on 

engine safety, durability or performance 

(Ref. 8). 

Once blended into fuel, the resultant 

concentration of 2,4,6-TTBP in fuel is 

low, in the five to 50 ppm range. 

Treated fuel is distributed through the 

nation’s fuel supply chain (pipeline or 

vehicle transportation, storage and 

distribution to end points such as 

airports, gas stations and military 

facilities). 2,4,6-TTBP, a hydrocarbon, is 

destroyed (burned) as the fuel to which 

it is added is consumed during end use 

(Ref. 7). 

SI Group typically ships its product to 

refineries in tankers or other large 

containers. Fugitive air releases of 2,4,6- 

TTBP are expected to be minimal (due 

to the low vapor pressure) from 

unloading and transfer operations. 

Releases may possibly occur from spills 

and leaks from loading operations, but 

exposure would be addressed at these 

industrial sites through spill control 

measures. Waste from equipment 

cleaning with organic cleaning solutions 

is anticipated to be collected for 

incineration. Water releases are possible 

from equipment and general area 

cleaning with aqueous cleaning 

solutions. Dermal exposure to 2,4,6- 

TTBP to workers may occur from 

transfer and fuel loading operations; 

however, dermal exposure at fuel 

production facilities is expected to be 

minimal due to the required use of 

engineering controls and personal 

protective equipment (PPE) noted above 

(EPA–HQ–OPPT–2018–0314–0018). 

Refineries, fuel distribution and fuel 

storage facilities also operate with the 

same or similar engineering controls, 

PPE (gloves, slickers, boots, respirators, 

etc.), worker training, leak detection and 

spill control measures; vapor recovery 

systems are used during distribution 

and storage (EPA–HQ–OPPT–2016– 

0734–0006), similar to procedures used 

at the manufacturing facility. Once 

blended into fuel, the resultant 

concentration of 2,4,6-TTBP in fuel is 

low, in the five to 50 ppm range, 

limiting the exposure resulting from 

handling and spills or leaks. 

EPA has not identified releases, or 

potential releases from the use of 2,4,6- 

TTBP for fuel treatment at refineries and 

fuel facilities that can be targeted for 

reduction with practicable measures 

under TSCA section 6(a). Similarly, EPA 

has not identified exposure or potential 

exposures to workers (or the general 

population from refinery and fuel 

facility use) that can be targeted for 

reduction with practicable measures 

under TSCA section 6(a). As discussed 

in Unit II.F., EPA believes that in 

industrial settings worker protection 

measures used by employers reduce 

exposures to the extent practicable and 

EPA has determined that it is not 

practicable to regulate worker exposures 

in this rule through additional 

engineering or process controls or PPE 

requirements. 

The benefit to continuing the use of 

existing antioxidants containing 2,4,6- 

TTBP is a result of the necessity of 

antioxidants to the nation’s fuel supply 

and the difficulties inherent in 

removing 2,4,6-TTBP in terms of 

standards and performance 

specifications. Given the absence of and 

difficulty with identifying and adopting 

alternatives, EPA did not propose to 

prohibit the manufacturing, processing, 

or distribution for use of 2,4,6-TTBP as 

an additive at refineries and fuel 

facilities. 

iii. Formulations intended for the 

maintenance or repair of motor vehicles 

and machinery. 

SI Group does not sell its Isonox or 

Ethanox mixtures directly to consumers. 

However, a portion (approximately 6%) 

of the 2,4,6-TTBP mixtures SI Group 

sells for use in fuels are sold to 

processors who blend and distribute 

antioxidant products that are intended 

to be added to the fuel tanks/systems in 

vehicles or machinery by repair shops 

or the owner/operators of the equipment 

themselves. These fuel stabilizer 

products, which contain a percentage of 

Isonox or Ethanox as an antioxidant 

component, are sold to consumers at 

various retail locations, as well as 

online. These additives are typically 

sold in small bottles containing up to 32 

ounces; gallon containers are available 

through some retailers. Specialty 

products are also sold for cleaning fuel 

injectors or use in 2-stroke engines (preblended with oil). 

Regarding the retail sale of fuel 

additives and fuel injector cleaners, EPA 

was unable to find any specifications or 

standards for retail fuel antioxidants or 

additives that explicitly require the use 

of 2,4,6-TTBP. As discussed in Unit 

III.B, EPA has identified a number of 

substitute chemicals and substitute 

products in the Exposure and Use 

Assessment for this rule for this specific 

use. 

Use of retail fuel additive products 

which are sold in small containers to 

mechanics and consumers to service 

cars, boats, small engines, etc., present 

opportunities for release and dermal 

exposure during transfer activities if 

users are unprotected. Use of the 

product involves pouring it from the 

bottle either into a fuel storage 

container, such as a gas can that is used 

to refill equipment such as lawn 

mowers, or it may be poured directly 

into the fuel tank of the lawn 

equipment, or car, boat, etc. 

EPA believes that the general public 

does not routinely use PPE while using 

this product in these mundane 

activities, and has not received special 

training in the handling of the product. 

No PPE is specified for the use of retail 

fuel additive products and EPA has no 

information to indicate that the general 

public takes any further protective 

measures when adding this product to 


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fuel containers. Similarly, EPA received 

no comment that workers who use these 

fuel additive products, such as 

mechanics or lawn care workers, 

routinely use PPE that would provide 

protection against chemical exposure, 

such as nitrile gloves, slickers or 

respirators, while using these products, 

or have received any special training in 

the handling of the products or use of 

PPE with the product. Therefore, this 

scenario is in contrast to the assumed 

use of PPE in industrial settings 

discussed in Unit II.C.1.i and II.C.1.ii. 

As discussed in Unit II.F., while EPA 

assumes compliance with other federal 

requirements, including the OSHA 

standards and regulations, it would be 

difficult to support broadly applicable 

and safe additional measures for each 

specific activity without a risk 

evaluation and in the limited time for 

issuance of this regulation under TSCA 

section 6(h), but imposing such 

measures without sufficient analysis 

could inadvertently result in conflicting 

or confusing requirements and make it 

difficult for employers to understand 

their obligations. Such regulations 

would not be practicable. 

Spillage may occur when the product 

is being poured into fuel tanks and 

storage cans. Retail product containers 

may also leak during transportation, 

handling, storage and disposal. After 

use by mechanics and consumers, used 

retail product containers are disposed of 

in the municipal solid waste stream 

without special handling. If released to 

the indoor environment, 2,4,6-TTBP 

could partition to particulates and dust 

based on its chemical relationship with 

organic carbon compared to that of air. 

If released into a sanitary sewer system 

or storm water system, 2,4,6-TTBP 

would likely transport to nearby 

wastewater treatment plants due to 

relative mobility in water due to high 

water solubility and low Koc (soil 

organic carbon/water partitioning 

coefficient). 

EPA believes these identified releases 

and potential releases can be targeted 

for reduction with practicable measures 

under TSCA section 6(a). Accordingly, 

EPA proposed to prohibit the 

distribution in commerce of 2,4,6-TTBP 

in formulations intended for the 

maintenance or repair of motor vehicles 

and machinery through a container size 

restriction. EPA is finalizing these 

regulations, with changes based on 

public comments discussed elsewhere 

in this notice. 

iv. Oil/lubricant uses. 

The Agency is addressing the use of 

2,4,6-TTBP in liquid lubricant and 

grease additives/antioxidants. Although 

EPA has not identified users of 2,4,6- 

TTBP for liquid lubricant and grease 

additives/antioxidants, it found 

indications of current use, and a 

manufacturer has reported that it is 

aware that some customers may use its 

products for this end use, although it 

does not actively market products with 

2,4,6-TTBP for lubricant applications. 

Other countries have reported that 

2,4,6-TTBP is, or has been, used as an 

additive in oils and lubricants (EPA– 

HQ–OPPT–2016–0734–0002). SI Group 

states that it does not actively market 

products containing 2,4,6-TTBP for 

lubricant applications, but that it is 

aware that some customers may use 

these products in lubricant applications 

(Ref. 8). Regarding the use of 2,4,6-TTBP 

as an antioxidant additive in oil and 

lubricants, EPA was unable to find any 

specifications or standards for oil, 

lubricant, or grease additives that 

require the use of 2,4,6-TTBP. No 

commenters during this rulemaking 

identified uses without substitutes. 

While no releases were specifically 

identified, EPA believes potential for 

exposure can be targeted for reduction 

with practicable measures under TSCA 

section 6(a). Given this and the general 

availability of substitutes, EPA is 

prohibiting the use of 2,4,6-TTBP in oil 

and lubricant additives. 

2. Health Effects, Exposure and TSCA 

section 6(h)(1) findings. 

Exposure information for 2,4,6-TTBP 

is detailed in EPA’s Exposure and Use 

Assessment (Ref. 4). Based on 

reasonably available information, EPA 

did not identify any studies with 

extractable 2,4,6-TTBP data in drinking 

water or any studies with detectable 

levels of 2,4,6-TTBP in soil, sludge/ 

biosolids, or vegetation/diet. 

Additionally, EPA did not identify any 

studies with detectable levels of 2,4,6- 

TTBP in human blood (serum), other 

human organs, aquatic invertebrates, 

aquatic vertebrates, terrestrial 

invertebrates, birds, or terrestrial 

mammals. 

2,4,6-TTBP is toxic to aquatic plants, 

aquatic invertebrates, and fish. Data 

indicate the potential for liver and 

developmental effects. The studies 

presented in the document entitled 

‘‘Environmental and Human Health 

Hazards of Five Persistent, 

Bioaccumulative and Toxic Chemicals 

(Hazard Summary) (Ref. 10) 

demonstrate these hazardous endpoints. 

EPA did not perform a systematic 

review or a weight of the scientific 

evidence assessment for the hazard 

characterization of these chemicals. As 

a result, this hazard characterization is 

not definitive or comprehensive. Other 

hazard information on these chemicals 

may exist in addition to the studies 

summarized in the Hazard Summary 

that could alter the hazard 

characterization. In the 2014 Update to 

the TSCA Work Plan for Chemical 

Assessments (Ref. 1), 2,4,6-TTBP scored 

moderate (2) for hazard (based on 

toxicity following chronic exposure 

including liver effects); moderate (2) for 

exposure (based on its wide use in 

consumer products, presence in indoor 

environments, and estimation to have 

moderate releases to the environment); 

and high (3) for persistence and 

bioaccumulation (based on moderate 

environmental persistence and high 

bioaccumulation potential). The overall 

screening score for 2,4,6-TTBP was high 

(7). 

Taking all this into account, EPA 

determines that 2,4,6-TTBP meets the 

TSCA section 6(h)(1)(A) criteria. In 

addition, EPA determines, in 

accordance with TSCA section 

6(h)(1)(B), that, based on the Exposure 

and Use Assessment and other 

reasonably available information, 

exposure to 2,4,6-TTBP is likely under 

the conditions of use to the general 

population, to a potentially exposed or 

susceptible subpopulation, or to the 

environment. EPA’s determination is 

based on the opportunities for exposure 

to 2,4,6-TTBP including the potential 

for consumer exposures. 

D. EPA’s Proposed Rule Under TSCA 

Section 6(h) for 2,4,6-TTBP 

In the proposed rule (84 FR 36728), 

EPA proposed to restrict all distribution 

in commerce of 2,4,6-TTBP and 

products containing 2,4,6-TTBP in 

containers with a volume of less than 55 

gallons. This was intended to effectively 

prevent use of 2,4,6-TTBP as a retail fuel 

additive or fuel injector cleaner by 

consumers and small commercial 

operations. Exposures to humans and 

the environment would be reduced by 

eliminating retail uses of 2,4,6-TTBP 

that have a higher potential for releases. 

EPA believed that this proposal 

intentionally would not impact use of 

this chemical in the nation’s fuel supply 

system (i.e., at refineries and bulk 

petroleum storage facilities), where the 

distribution, transfer, blending, and 

general end use of 2,4,6-TTBPcontaining blends/mixtures is managed 

through highly-regulated engineering 

controls designed to mitigate 

environmental and human health 

exposures. EPA proposed a 55-gallon 

threshold based on a belief that much, 

if not all use of 2,4,6-TTBP containing 

blends/mixtures at refineries and 

petroleum storage facilities are sourced 

in quantities larger than 55 gallons at a 

time; and are typically sourced by the 

tanker or batch load in quantities over 


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500 gallons at a time. EPA also sought 

comment on the optimal container size 

limit to impose, e.g., for instance, 

whether a 35-gallon container size 

would impact industrial use less while 

also preventing the sale of retail 

products with 2,4,6-TTBP. 

EPA proposed to define 2,4,6-TTBP to 

mean the chemical substance 2,4,6- 

tris(tert-butyl)phenol (CASRN 732–26– 

3) at any concentration above 0.01% by 

weight. EPA stated its belief that this 

concentration limit would distinguish 

between products which contain 2,4,6- 

TTBP as a functional additive and those 

in which it may be present in low 

concentrations as a byproduct or 

impurity, noting that 2,4,6-TTBP is a coproduct and byproduct present in other 

alkylphenols, including other 

antioxidants that are potential 

substitutes for it. 

EPA also proposed to prohibit all 

processing and distribution in 

commerce of 2,4,6-TTBP for use as an 

additive in oils and lubricants. There 

are numerous available substitutes for 

this use of 2,4,6-TTBP. To support this 

provision, EPA proposed a definition of 

oil and lubricant additive for this rule 

to mean any intentional additive to a 

product of any viscosity intended to 

reduce friction between moving parts, 

whether mineral oil or synthetic base, 

including engine crankcase oils and 

bearing greases. 

Regarding the timing of these 

prohibitions, EPA stated in the 

proposed rule that at that time it had no 

information indicating a compliance 

date of 60 days after publication of the 

final rule is not practicable for the 

activities that would be prohibited, or 

that additional time is needed for 

products to clear the channels of trade. 

EPA proposed for recordkeeping that 

after 60 days following the date of 

publication of the final rule, distributors 

of 2,4,6-TTBP and products containing 

2,4,6-TTBP must maintain ordinary 

business records, such as invoices and 

bills-of-lading, that demonstrate 2,4,6- 

TTBP is not distributed in containers 

with a volume less than 55 gallons or for 

use as an oil and lubricant additive. 

These records would have to be 

maintained for a period of three years 

from the date the record is generated. 

E. Public Comments and Other Public 

Input 

The proposed rule provided a 60-day 

public comment period, with an 

additional 30-day extension granted. (84 

FR 50809, September 26, 2019). The 

comment period closed on October 28, 

2019. EPA received a total of 48 

comments, with three commenters 

sending multiple submissions with 

attached files, for a total of 58 

submissions on the proposal for all the 

PBT chemicals. This includes the 

previous request for a comment period 

extension (EPA–HQ–OPPT–2019–0080– 

0526). Two commenters submitted 

confidential business information (CBI) 

or copyrighted documents with 

information regarding economic 

analysis and market trends. Copies of all 

the non-CBI documents, or redacted 

versions without CBI are available in the 

docket for this action. EPA also 

communicated with companies, and 

other stakeholders to identify and verify 

uses of 2,4,6-TTBP. These interactions 

and comments further informed EPA’s 

understanding of the current status of 

uses for 2,4,6-TTBP. Public comments 

and stakeholder meeting summaries are 

available in the public docket at EPA– 

HQ–OPPT–2019–0080. 

In this preamble, EPA has responded 

to the major comments relevant to the 

2,4,6-TTBP final rule. Of the comment 

submissions, 12 directly addressed 

EPA’s proposed regulation of 2,4,6- 

TTBP. EPA’s more comprehensive 

responses to comments related to this 

final action are in the Response to 

Comments document (Ref. 5). 

F. Activities Not Directly Regulated by 

This Rule 

EPA proposed not to use its TSCA 

section 6(a) authorities to directly 

regulate occupational exposures in 

industrial settings. As explained in the 

proposed rule, as a matter of policy, 

EPA assumes compliance with federal 

and state requirements, such as worker 

protection standards, unless casespecific facts indicate otherwise. The 

Occupational Safety and Health 

Administration (OSHA) has not 

established a permissible exposure limit 

(PEL) for 2,4,6-TTBP. However, under 

section 5(a)(1) of the Occupational 

Safety and Health Act of 1970, 29 U.S.C. 

654(a)(1), each employer has a legal 

obligation to furnish to each of its 

employees employment and a place of 

employment that are free from 

recognized hazards that are causing or 

are likely to cause death or serious 

physical harm. The OSHA Hazard 

Communication Standard at 29 CFR 

1910.1200 requires chemical 

manufacturers and importers to classify 

the hazards of chemicals they produce 

or import, and all employers to provide 

information to employees about 

hazardous chemicals to which they may 

be exposed under normal conditions of 

use or in foreseeable emergencies. The 

OSHA standard at 29 CFR 

1910.134(a)(1) requires the use of 

feasible engineering controls to prevent 

atmospheric contamination by harmful 

substances. Other provisions of 29 CFR 

1910.134 require the use of respirators 

where effective engineering controls are 

not feasible and spell out details of the 

required respiratory protection program. 

The OSHA standard at 29 CFR 

1910.132(a) requires the use of personal 

protective equipment (PPE) when 

workers are exposed to chemical and 

other hazards; 29 CFR 1910.133 requires 

the use of eye and face protection when 

employees are exposed to hazards from, 

among other things, liquid chemicals; 

and 29 CFR 1910.138 requires the use of 

PPE to protect employees’ hands from, 

among other hazards, skin absorption of 

harmful substances. The provisions of 

29 CFR 1910.132(d) and (f) address 

hazard assessment, PPE selection, and 

training with respect to PPE required 

under 29 CFR 1910.133, 29 CFR 

1910.138, and certain other standards. 

EPA assumes that employers will 

require, and workers will use, 

appropriate PPE consistent with OSHA 

standards, taking into account 

employer-based assessments, in a 

manner sufficient to prevent 

occupational exposures that are capable 

of causing injury. 

EPA assumes compliance with other 

federal requirements, including OSHA 

standards and regulations. EPA does not 

read TSCA section 6(h)(4) to direct EPA 

to adopt potentially redundant or 

conflicting requirements. Not only 

would it be difficult to support broadly 

applicable and safe additional measures 

for each specific activity without a risk 

evaluation and in the limited time for 

issuance of this regulation under TSCA 

section 6(h), but imposing such 

measures without sufficient analysis 

could inadvertently result in conflicting 

or confusing requirements and make it 

difficult for employers to understand 

their obligations. Such regulations 

would not be practicable. Rather, where 

EPA has identified worker exposures 

and available substitutes, EPA is 

finalizing measures to reduce those 

exposures, e.g., by prohibiting the sale 

of 2,4,6-TTBP in the small containers 

that contribute to potential exposures 

for workers in smaller commercial 

establishments, as well as to consumers. 

While some commenters agreed with 

EPA’s approach, others thought that 

EPA should establish worker protection 

requirements for those uses not 

regulated under the final rule. EPA 

disagrees with those commenters who 

thought that EPA should establish 

specific worker protection requirements. 

Information provided to EPA before and 

during the public comment period on 

the proposed rule indicates that 

employers are using engineering and 


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process controls and providing 

appropriate personal protective 

equipment (PPE) to their employees 

consistent with these requirements. EPA 

received no information on 2,4,6-TTBP 

to the contrary. Further, EPA has not 

conducted a risk evaluation on 2,4,6- 

TTBP or any of the five PBT chemicals. 

Without a risk evaluation and given the 

time allotted for this rulemaking, EPA 

cannot identify additional engineering 

or process controls or PPE requirements 

that would be appropriate to each 

chemical-specific circumstance. For 

these reasons, EPA has determined that 

it is not practicable to regulate worker 

exposures in this rule through 

engineering or process controls or PPE 

requirements. 

Under a newly created general 

provisions section at 40 CFR 751.401(b), 

EPA is listing three activities to which 

the prohibitions and restrictions under 

the PBT regulations at subpart E of 40 

CFR 751 do not apply in general, unless 

otherwise specified in the individual 

chemical regulations. 

The first activity is distribution in 

commerce of any chemical substance, or 

products and articles that contain the 

chemical substance, that has previously 

been sold or supplied to an end user, 

i.e., an individual or entity that 

purchased or acquired the finished good 

for purposes other than resale. An 

example of this is a consumer who 

resells a product they no longer intend 

to use through the internet or donates a 

used article to charity. EPA does not 

believe it practicable to attempt to 

regulate such activity, given the small 

quantities involved in end user resale 

relative to overall sales, the multitude of 

potentially affected persons, the 

difficulties of making consumers and 

other end users aware of potential 

compliance obligations, and the 

difficulties the Agency would have 

enforcing such resale prohibitions on 

the general public and other end users. 

The second activity is disposal of any 

chemical substance, or products and 

articles that contain the chemical 

substance, including importation, 

processing and distribution-incommerce for purposes of disposal. EPA 

explained in the proposed rule the basis 

of its determination that, as a general 

matter, disposal is adequately regulated 

under the authority of the Resource 

Conservation and Recovery Act (RCRA) 

which governs the disposal of 

hazardous and non-hazardous wastes, 

and it is not practicable to impose 

additional requirements under TSCA on 

the disposal of the PBT chemicals in the 

proposed rule. (84 FR 36744.) EPA 

received a number of comments on this 

aspect of its proposal. Some 

commenters agreed with EPA’s 

proposed determination that it is not 

practicable to regulate disposal, while 

others disagreed. Comments specific to 

other PBT chemicals, are addressed in 

those chemicals’ final rule notices. More 

information on the comments received 

and EPA’s responses can be found in the 

Response to Comments document (Ref. 

5). One commenter noted that, while 

EPA proposed to not regulate disposal 

of the PBT chemicals under TSCA, the 

effect of EPA’s proposed prohibition on 

manufacturing, processing, and 

distribution in commerce would 

prohibit the processing and distribution 

in commerce of the PBTs and articles 

and products containing the PBT 

chemicals for disposal. EPA did not 

intend such an effect, and is including 

a general provision in the final 

regulatory text in the new section 40 

CFR 751.401(b) to address disposal of 

any chemical substance, or products 

and articles that contain the chemical 

substance, including importation, 

processing and distribution in 

commerce for purposes of disposal. In 

regard to the disposal of 2,4,6-TTBP, use 

of the chemical as a feedstock, use as a 

waste fuel, and use as a fuel additive all 

result in the destruction of the chemical 

through combustion. This final rule will 

ultimately eliminate releases from the 

use of 2,4,6-TTBP-containing retail fuel 

additive products which are sold in 

small containers, such as spillage which 

may occur when the product is poured 

into fuel tanks or fuel cans, as well as 

releases from the disposal of used small 

containers that held those products in 

the municipal solid waste stream. 

EPA also received comments 

regarding the use of PBT chemicals in 

research and development and lab use. 

The final activity addressed under 

newly established 40 CFR 751.401(b) is 

the manufacturing, processing, 

distribution in commerce and use of any 

chemical substance, or products and 

articles that contain the chemical 

substance, for research and 

development, as defined in new 40 CFR 

751.403. Research and Development is 

defined in new 40 CFR 751.403 to mean 

laboratory and research use only for 

purposes of scientific experimentation 

or analysis, or chemical research on, or 

analysis of, the chemical substance, 

including methods for disposal, but not 

for research or analysis for the 

development of a new product, or 

refinement of an existing product that 

contains the chemical substance. This 

will allow, for example, for samples of 

environmental media containing PBTs, 

such as contaminated soil and water, to 

be collected, packaged and shipped to a 

laboratory for analysis. Laboratories also 

must obtain reference standards 

containing PBTs to calibrate their 

equipment, otherwise they may not be 

able to accurately quantify these 

chemical substances in samples being 

analyzed. However, research to develop 

new products that use PBTs subject to 

subpart E of 40 CFR 751, or the 

refinement of existing uses of those 

chemicals, is not included in this 

definition, and those activities remain 

potentially subject to the chemical 

specific provisions in subpart E of 40 

CFR 751. EPA believes it is not 

practicable to limit research and 

development activity as defined, given 

the critical importance of this activity to 

the detection, quantification and control 

of these chemical substances. 

III. Provisions of This Final Rule 

A. Scope and Applicability 

EPA carefully considered all public 

comments related to the proposal. This 

rule finalizes EPA’s proposal to prohibit 

all distribution in commerce of 2,4,6- 

TTBP and products containing 2,4,6- 

TTBP in small containers, and prohibit 

all 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, with changes 

being made from the proposal to the 

container size limit, the concentration 

limit for 2,4,6-TTBP, and the 

compliance date for the prohibitions. 

1. Container size. 

In the proposed rule, EPA solicited 

comment from the public on the optimal 

container size limit to impose: 

Specifically, whether a 35-gallon 

container size would impact industrial 

use less than a 55-gallon container size 

while also preventing the sale of retail 

products with 2,4,6-TTBP. Two 

comments were received on this issue. 

SI Group recommended EPA adopt a 35- 

gallon size limit, commenting that: 

‘‘Industrial users of chemicals 

occasionally ship materials in the nonstandard 55-gallon drum size. This 

slight decrease in container size will not 

impact the intent or outcome of the 

original proposal—consumer access to 

2,4,6-TTBP will be restricted’’ (EPA– 

HQ–OPPT–2019–0080–0537). API 

stated that: ‘‘A 35-gallon container size 

would be more appropriate, because it 

would impact industrial use less while 

also preventing the commercial and 

retail sale of products with 2,4,6-TTBP.’’ 

Based on this information EPA is 

adopting a 35-gallon container size limit 

in the final regulation, which will still 

reduce the exposure to consumers to the 

same extent (EPA–HQ–OPPT–2019– 

0080–0539). 


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2. Concentration limit for 2,4,6-TTBP. 

EPA proposed to define 2,4,6-TTBP to 

mean the chemical substance 2,4,6- 

tris(tert-butyl)phenol (CASRN 732–26– 

3) at any concentration above 0.01% by 

weight for the purpose of distinguishing 

between products which contain 2,4,6- 

TTBP as a functional additive and those 

in which it may be present in low 

concentrations as a byproduct or 

impurity, noting that 2,4,6-TTBP is a coproduct and byproduct present in other 

alkylphenols, including other 

antioxidants that are potential 

substitutes for it. 

In response to EPA’s concentration 

proposal to distinguish between 

products that contain 2,4,6-TTBP as a 

functional additive and those with low 

concentrations as a byproduct or 

impurity, SI Group (EPA–HQ–OPPT– 

2019–0080–0537) provided more 

detailed information: 

• Impurity levels of 2,4,6-TTBP are 

typically very low, but may range up to 

0.3%. SI Group’s engineering staff 

recently conducted modeling studies of 

its processes and the output suggests the 

company is unable to decrease impurity 

levels of 2,4,6-TTBP with current 

manufacturing operations. 

• These models indicate there is no 

way to achieve a zero residual value for 

2,4,6-TTBP as an impurity due to 

numerous factors. 

• The hindered phenolic antioxidant 

2,6-di-tert-4-secbutylphenol contains an 

average 2,4,6-TTBP impurity 

concentration of 0.3%, the highest in 

SI’s portfolio. This substance is the 

predominant antioxidant technology 

utilized in automotive brake fluid in the 

United States. 

Given these detailed comments from 

the manufacturer of 2,4,6-TTBP, EPA 

believes adopting a 0.3% concentration 

limit in the final regulation will better 

achieve the distinction between 

functional additives and impurities EPA 

seeks to establish, and thereby avoid 

unintended and unassessed impacts on 

other alkylphenols used in products 

such as brake fluid. For clarity, EPA is 

stating this concentration limit within 

the prohibitions for 2,4,6-TTBP under 

40 CFR 751.409(a) in the final 

regulation; EPA believes this will 

reduce opportunity for the 

concentration limit to be overlooked by 

readers of the regulation. 

3. Compliance date for the 

prohibitions. 

The proposed rule did not delay the 

compliance date beyond the rule’s 

effective date; the processing and 

distribution bans would come into effect 

60 days after publication of the final 

rule notice. EPA stated in the proposed 

rule that at that time it had no 

information indicating that a 

compliance date of 60 days after 

publication of the final rule is not 

practicable for the activities that would 

be prohibited, or that additional time is 

needed for products to clear the 

channels of trade. The phrases ‘‘as soon 

as practicable’’ and ‘‘reasonable 

transition period’’ as used in TSCA 

section 6(d)(1) are undefined, and the 

legislative history on TSCA section 6(d) 

is limited. Given the ambiguity in the 

statute, for purposes of this expedited 

rulemaking, EPA presumed a 60-day 

compliance date was ‘‘as soon as 

practicable,’’ unless there was support 

for a lengthier period of time on the 

basis of reasonably available 

information, such as information 

submitted in comments on the Exposure 

and Use Assessment or in stakeholder 

dialogues. Such a presumption is 

consistent with the general effective 

date often adopted for rulemakings and 

ensures the compliance schedule is ‘‘as 

soon as practicable,’’ particularly in the 

context of the TSCA section 6(h) rules 

for chemicals identified as persistent, 

bioaccumulative and toxic, and given 

the expedited timeframe for issuing a 

TSCA section 6(h) proposed rule did not 

allow time for collection and assessment 

of new information separate from the 

comment opportunities during the 

development of and in response to the 

proposed rule. Such presumption also 

allows for submission of information 

from the sources most likely to have the 

information that will affect an EPA 

determination on whether or how best 

to adjust the compliance deadline to 

ensure that the chosen final compliance 

deadline is both ‘‘as soon as 

practicable’’ and provides a ‘‘reasonable 

transition period.’’ 

On this issue, SI Group provided 

comment and recommended a 5-year 

delay in implementation, commenting 

that ‘‘. . . there could be significant 

implications to the current aftermarket 

fuel additives and oil/lubricant value 

chains with enactment of this rule and 

the very short time for implementation. 

Complying with this rule will likely 

require a considerable amount of time 

given the requirements of Federal, State, 

standardization bodies, Original 

Equipment Manufacturers (OEMs), and 

brand holders in reformulating and 

requalifying products as well as 

managing current inventory’’ (EPA–HQ– 

OPPT–2019–0080–0537). EPA also 

received comment on this issue from 

Gold Eagle Company, which identifies 

itself as the maker of the #1 selling fuel 

stabilizer in the United States, and 

produces several brands of fuel 

stabilizer under various brand names; it 

commented that ‘‘over 100 OEMs 

[original equipment manufacturers] 

endorse this fuel stabilizer in their 

owners manual and/or sell the product 

in their dealerships, or buy a private 

label product from Gold Eagle.’’ (EPA– 

HQ–OPPT–2019–0080–0533). It states 

that 2,4,6-TTBP is an essential 

component of its fuel stabilizers; that it 

has used the same antioxidant 

chemistry since 1988; that evaluated 

alternative antioxidant chemistries do 

not provide equivalent fuel stability; 

and that ‘‘even if an effective substitute 

could be found, ASTM approval would 

likely take about six years.’’ (EPA–HQ– 

OPPT–2019–0080–0533). Gold Eagle 

comments that an alternative 

antioxidant must be evaluated using 

ASTM D525 Fuel Stability test 

referenced in ASTM D4814, Standard 

Specification for Automotive SparkIgnition Engine Fuel, used to test 

refinery gasoline for compliance to fuel 

specifications for automotive use. 

Overall, EPA considers these 

comments to have considerable merit. 

EPA does not agree with Gold Eagle on 

the availability of substitute 

antioxidants for use in fuel additive 

products; EPA has identified alternative 

fuel additive products without 2,4,6- 

TTBP as an active ingredient that are 

available and can be substituted for fuel 

additive products with 2,4,6-TTBP that 

will be removed from the market (Ref. 

3). EPA therefore concludes that it is 

possible for Gold Eagle to reformulate 

its products to remove the 2,4,6-TTBP 

component and replace it with other 

antioxidants. However, EPA does agree 

with the assertion that it will take time 

to develop new formulations for various 

product lines, test them and obtain 

required approvals. Additionally, as a 

predominant supplier, Gold Eagle has a 

complex supply network and 

relationships with many other 

companies that supply its product, sell 

it under other brand names, or endorse 

its use in their equipment; EPA 

acknowledges that Gold Eagle’s 

modifications to the formulation of its 

product line may require it to engage 

with these customers and business 

partners to assure them that its products 

provide similar performance, a process 

that will also take time. EPA also agrees 

with the comment that managing 

existing inventory will require time. 

Like other basic automotive supplies, 

such as engine oil and windshield wiper 

fluid, aftermarket fuel additive products 

are widely available nationally at varied 

retail outlets, such as auto parts stores, 

hardware stores, general retail outlets, 

gas stations and convenience stores. 

Unopened product is stable and may be 


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stored for several years in the 

distribution system or on a store shelf 

before final sale to customers. Products 

that are unsold as of the compliance 

date would have to be pulled from the 

shelf and disposed of. A sudden 

removal of product from the shelves 

might also create temporary or spot 

shortages of fuel additives. Gold Eagle 

will also incur costs, if it is required to 

cease sales of its fuel additive products 

because it can replace them with 

reformulated products without 2,4,6- 

TTBP before the compliance date. If its 

products are off the market for several 

years, sales losses could be significant. 

In consideration of these comments 

and the issues that they raise, especially 

in regard to potential unquantified 

potential costs and market disruption 

with provision of these needed 

products, EPA does not believe it is 

practicable to implement this 

prohibition without a delay in the 

compliance date. However, Gold Eagle 

expresses some uncertainty about its 

six-year estimate and does not establish 

the reasoned basis to support that a sixyear estimate is ‘‘as soon as 

practicable,’’ compared to the five-year 

period estimated by SI Group. 

Therefore, EPA is delaying the 

compliance date for the prohibition on 

distribution of 2,4,6-TTBP and products 

containing 2,4,6-TTBP in any container 

with a volume of less than 35 gallons for 

any use, as well as processing and 

distribution in commerce of 2,4,6-TTBP 

for use in oil and lubricant additives 

and of 2,4,6-TTBP-containing oil and 

lubricant additives, for five years, to 

give the producers of fuel additives 

containing 2,4,6-TTBP sufficient time to 

reformulate their products, requalify 

them with the necessary entities and 

clear non-compliant inventory from 

their distribution chains. 

In this final rule, EPA is also 

establishing a new subpart E of 40 CFR 

751 for TSCA section 6(h) PBT chemical 

provisions, including general provisions 

at 40 CFR 751.401 as discussed in Unit 

II.F. of this document, and definitions 

applicable to subpart E at 40 CFR 

751.403. Terms defined in 40 CFR 

751.403 include article, product, and 

research and development. These 

definitions are intended to respond to 

comments requesting additional clarity 

on the regulatory provisions. (Note the 

definitions of article and product are not 

used in 40 CFR 751.409.) 

EPA is requiring that distributors of 

2,4,6-TTBP and products containing 

2,4,6-TTBP must maintain ordinary 

business records, such as invoices and 

bills-of-lading, related to compliance 

with the prohibitions and restrictions in 

this regulation. These records must be 

maintained for a period of three years 

from the date the record is generated. 

EPA revised this language slightly from 

the proposal to improve clarity. 

B. TSCA Section 6(c)(2) Considerations 

1. Health effects, exposure, and 

environmental effects. 

2,4,6-TTBP is toxic to aquatic plants, 

aquatic invertebrates, and fish. Data 

indicate the potential for liver and 

developmental effects. The studies 

presented in the Hazard Summary (Ref. 

10) demonstrate these hazardous 

endpoints. These hazard statements are 

not based on a systematic review of the 

available literature and information may 

exist that could refine the hazard 

characterization. 

Additional information about 2,4,6- 

TTBP health effects, use, and exposure 

is in Unit II.C. and is further detailed in 

the Hazard Summary (Ref. 10), and 

information on use and exposure is also 

in Unit II.C. and is further detailed in 

EPA’s Exposure and Use Assessment 

(Ref. 4). 

2. The value of the chemical 

substance or mixture for various uses. 

2,4,6-TTBP has value as a chemical 

intermediate in the production of 

dialkylphenol chemicals. With respect 

to use as an antioxidant in the general 

fuel supply, antioxidant additives are 

essential to the storage and transport of 

fuel, as without them, fuel quickly 

begins to degrade and form harmful 

sludge and varnish. The 2,4,6-TTBP 

mixtures are the primary antioxidants 

used in aviation, marine, and 

automotive fuel streams in the United 

States. Many current performance 

specifications for fuel require their use, 

including for specialty fuels for aviation 

and the military. Antioxidants are also 

an important component in retail fuel 

additives and fuel injector cleaners, 

which are used for engines 

maintenance. Similarly, antioxidants are 

also used in oil and lubricants to 

prevent degradation of the product. 

3. The reasonably ascertainable 

economic consequences of the rule. 

i. Overview of cost methodology. EPA 

has evaluated the potential costs of the 

final rule and primary alternative 

regulatory actions for this chemical. 

Costs of the final rule were estimated 

based on the assumption that under 

regulatory limitations on 2,4,6-TTBP, 

manufactures and processors that use 

the regulated chemical would switch to 

available alternative chemicals to 

manufacture the product, or to products 

that do not contain the chemical. For 

2,4,6-TTBP, costs were assessed based 

on product substitutes where product 

information was more substantial than 

information on chemical substitutes 

alone. 

Substitution costs were estimated on 

the industry level using the price 

differential between the cost of the 

chemical and identified substitutes. 

Costs for rule familiarization and 

recordkeeping were estimated based on 

burdens estimated for other similar 

rulemakings. Costs were annualized 

over a 25-year period. Other potential 

costs include, but are not limited to, 

those associated with testing, 

reformulation, imported articles, and 

some portion of potential revenue loss. 

However, these costs are discussed only 

qualitatively, due to lack of data 

availability to estimate quantified costs. 

More details of this analysis are 

presented in the Economic Analysis 

(Ref. 3), which is in the public docket 

for this action. 

ii. Estimated costs of this final rule. 

Total quantified annualized industry 

costs for the final rule is $5.6 million at 

3% discount rate and $4.9 million at 7% 

discount rate annualized over 25 years. 

Total annualized Agency costs 

associated with implementation of the 

final rule were based on EPA’s best 

judgment and experience with other 

similar rules. For the final regulatory 

action, EPA estimates it will require 0.5 

FTE at $77,600 per year (Ref. 3). 

4. Benefits. 

As discussed in Unit II.A., while EPA 

reviewed hazard and exposure 

information for the PBT chemicals, this 

information did not provide a basis for 

EPA to develop scientifically robust and 

representative risk estimates to evaluate 

whether or not any of the chemicals 

present a risk of injury to health or the 

environment. Benefits were not 

quantified due to the lack of risk 

estimates. A qualitative discussion of 

the potential benefits associated with 

the proposed and alternative actions for 

each chemical is provided. 2,4,6-TTBP 

is persistent and bioaccumulative, and 

has been associated with liver toxicity 

and reproductive and developmental 

effects in mammals. Under the final 

regulatory action, 2,4,6-TTBP and 

products containing 2,4,6-TTBP at 

concentrations above 0.3% would be 

prohibited for distribution in containers 

less than 35 gallons and would be 

prohibited in processing and 

distribution for use as an additive to oil/ 

lubricants. Therefore, the rule is 

expected to reduce the exposure to 

humans and the environment, by 

reducing the potential for consumer 

exposures to 2,4,6-TTBP and potential 

occupational exposure in certain 

industries, where workers are 

unprotected, as well as potential 

releases to the environment from 


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consumer and small commercial 

operations use. 

5. Cost effectiveness, and effect on 

national economy, small business, and 

technological innovation. 

With respect to the cost effectiveness 

of the final regulatory action and the 

primary alternative regulatory action, 

EPA is unable to perform a traditional 

cost-effectiveness analysis of the actions 

and alternatives for the PBT chemicals. 

As discussed in the proposed rule, the 

cost effectiveness of a policy option 

would properly be calculated by 

dividing the annualized costs of the 

option by a final outcome, such as 

cancer cases avoided, or to intermediate 

outputs such as tons of emissions of a 

pollutant curtailed. Without the 

supporting analyses for a risk 

determination, EPA is unable to 

calculate either a health-based or 

environment-based denominator. Thus, 

EPA is unable to perform a quantitative 

cost-effectiveness analysis of the final 

and alternative regulatory actions. 

However, by evaluating the 

practicability of the final and alternative 

regulatory actions, EPA believes that it 

has considered elements related to the 

cost effectiveness of the actions, 

including the cost and the effect on 

exposure to the PBT chemicals of the 

final and alternative regulatory actions. 

EPA considered the anticipated effect 

of this rule on the national economy and 

concluded that this rule is highly 

unlikely to have any measurable effect 

on the national economy (Ref. 3). EPA 

analyzed the expected impacts on small 

business and found that no small 

entities are expected to experience 

impacts of more than 1% of revenues 

(Ref. 3). Finally, EPA has determined 

that this rule is unlikely to have 

significant impacts on technological 

innovation. 

6. Consideration of alternatives. 

EPA conducted a screening level 

analysis of two possible substitutes for 

2,4,6-TTBP based on the TSCA Work 

Plan Chemicals: Methods Document 

(Ref. 2). One alternative antioxidant 

suitable as a fuel additive is 2,4- 

dimethyl-6-tert-butylphenol, CASRN 

1879–09–0, and the other is 2,6-di-tertbutyl-p-cresol, also known as butylated 

hydroxytoluene or BHT, CASRN 128– 

37–0. Both chemicals have a lower 

bioaccumulation potential than 2,4,6- 

TTBP, but equivalent or higher scores 

for persistence, environmental hazard 

and human health hazard (Ref. 11). EPA 

did not assess the hazard of the 

chemical mixtures in commercial 

products containing 2,4,6-TTBP, nor did 

it assess the hazard of substitute 

products that do not contain 2,4,6- 

TTBP, so no conclusions as to the 

relative hazard of product substitutes 

can be drawn. 

Based on a screening level analysis of 

likely alternatives, as noted previously, 

EPA believes that there are readily 

available substitutes for the retail fuel 

additives, as well as oil and lubricant 

additives containing 2,4,6-TTBP. EPA 

believes that the overwhelming 

predominance in the marketplace of oil 

and lubricant products that do not 

contain 2,4,6-TTBP is itself sufficient 

evidence of the availability of those 

substitute chemicals or products. While 

EPA did not identify the specific 

alternative chemicals used in each 

product, for the Economic Analysis (Ref. 

3), EPA was able to determine 35 

product substitutes exist for retail fuel 

stabilizer products and 15 product 

substitutes exist for retail fuel injector 

cleaner products (for purposes of the 

analysis, product substitutes are 

considered those that serve the same 

purpose but do not contain 2,4,6-TTBP). 

C. TSCA Section 26(h) Considerations 

In accordance with TSCA section 

26(h) and taking into account the 

requirements of TSCA section 6(h), 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 are likely with 

2,4,6-TTBP in the Exposure and Use 

Assessment (Ref. 4) 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 EPA’s decision 

making have been subjected to 

independent verification or peer review 

is adequate to justify their use, 

collectively, is 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 Agency’s 

Response to Comments document, are 

in the public docket for this action 

(EPA–HQ–OPPT–2019–0080). In 

addition, in accordance with TSCA 

section 26(i) and taking into account the 

requirements of TSCA section 6(h), 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 

the docket. All records in docket EPA– 

HQ–OPPT–2019–0080 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/assessingandmanaging-chemicals-under-tsca/tscawork-plan-chemical-ssessments-2014- 

update. Accessed March 1, 2019. 

2. EPA. TSCA Work Plan Chemicals: 

Methods Document. 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 

2,4,6-Tris(tert-butyl)phenol (2,4,6-TTBP) 

Under TSCA Section 6(h). December 

2020. 

4. EPA. Exposure and Use Assessment of 

Five Persistent, Bioaccumulative, and 

Toxic Chemicals. December 2020. 

5. EPA. Regulation of Persistent, 

Bioaccumulative, and Toxic Chemicals 

Under TSCA Section 6(h); Response to 

Public Comments. December 2020. 

6. EPA. Public Database 2016 Chemical Data 

Reporting. Washington, DC: US 

Environmental Protection Agency, Office 

of Pollution Prevention and Toxics. 

7. EPA. Preliminary Information on 

Manufacturing, Processing, Distribution, 

Use, and Disposal: 2,4,6-TTBP. August 

2017. (EPA–HQ–OPPT–2016–0739– 

0003). 

8. SI Group. Comments for the economic 

impact of 2,4,6-tri-tert-butylphenol 

(2,4,6-TTBP); letter from Kevin M. 

Kransler to Doug Parsons, EPA. 

December 21, 2018. 

9. EPA. Afton Chemical conference call with 

U.S. EPA, regarding 2,4,6-TTBP chemical 

uses. July 28, 2017. 

10. EPA. Environmental and Human Health 

Hazards of Five Persistent, 

Bioaccumulative and Toxic Chemicals. 

December 2020. 

11. EPA. Persistence, Bioaccumulation, 

Environmental Hazard and Human 

Health Hazard Rating for Alternatives to 

PBT Chemicals Proposed for Regulation. 

April 2019. 

12. 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 6(h). September 25, 

2018. 

13. Harper, Barbara and Ranco, Darren, in 

collaboration with the Maine Tribes. 

Wabanaki Traditional Cultural Lifeways 

Exposure Scenario. July 9, 2009. 


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878 Federal Register / Vol. 86, No. 3 / Wednesday, January 6, 2021 / Rules and Regulations 

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 6(a)(3)(E) 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 Regulation of 2,4,6- 

Tris(tert-butyl)phenol (2,4,6-TTBP) 

Under TSCA Section 6(h) (Ref. 3) is in 

the docket and is briefly summarized in 

Unit III.B.3. 

B. Executive Order 13771: Reducing 

Regulation and Controlling Regulatory 

Costs 

This action is considered a regulatory 

action under Executive Order 13771 (82 

FR 9339, February 3, 2017). Details on 

the estimated costs of this final rule can 

be found in the Economic Analysis (Ref. 

3), which is briefly summarized in Unit 

III.B.3. 

C. Paperwork Reduction Act (PRA) 

The information collection activities 

in this rule have been submitted for 

approval to the Office of Management 

and Budget (OMB) under the PRA, 44 

U.S.C. 3501 et seq. The Information 

Collection Request (ICR) document that 

the EPA prepared has been assigned 

EPA ICR number 2599.02 and OMB 

Control No. 2070–0213. A copy of the 

ICR is available in the docket for this 

rule, and it is briefly summarized here. 

The information collection requirements 

are not enforceable until OMB approves 

them. 

Respondents/affected entities: Entities 

potentially affected by paperwork 

requirements of this final rule include 

one manufacture and nine processors. 

Respondent’s obligation to respond: 

Mandatory. 

Estimated number of respondents: 10. 

Frequency of response: On occasion. 

Total estimated burden: Five hours 

(per year). Burden is defined at 5 CFR 

1320.3(b). 

Total estimated cost: $393(per year), 

includes $0 annualized capital or 

operation & maintenance costs. 

An agency may not conduct or 

sponsor, and a person is not required to 

respond to, a collection of information 

unless it displays a currently valid OMB 

control number. The OMB control 

numbers for EPA’s regulations in 40 

CFR are listed in 40 CFR part 9. When 

OMB approves this ICR, the Agency will 

announce that approval in the Federal 

Register and publish a technical 

amendment to 40 CFR part 9 to display 

the OMB control number for the 

approved information collection 

activities contained in this final rule. 

D. Regulatory Flexibility Act (RFA) 

This action will not have a significant 

economic impact on a substantial 

number of small entities under the RFA, 

5 U.S.C. 601 et seq. The small entities 

subject to the requirements of this 

action are small businesses that process, 

or distribute-in-commerce 2,4,6-TTBP. 

In total, three small businesses are 

expected to be affected by the rule. Of 

the small entities assessed, none (0%) 

are expected to incur impacts of 1% (or 

greater) of their revenue. Because only 

three 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. 

1531–1538, and would 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 

under are approximately $5.6 million at 

a 3% discount rate and $4.9 million at 

a 7% discount rate, which does not 

exceed the inflation-adjusted unfunded 

mandate threshold of $160 million. 

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, the 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 6(h). 

Tribal members were encouraged to 

provide additional comments after the 

teleconferences. EPA received two 

comments from the Keweenaw Bay 

Indian Community (Ref. 12) and Maine 

Tribes (Ref. 13). 

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 EPA’s 

Policy on Evaluating Health Risks to 

Children. EPA did not perform a risk 

assessment or risk evaluation of 2,4,6- 

TTBP, however available data indicate 

the potential for reproductive and 

developmental effects from 2,4,6-TTBP. 

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. 10). This regulation will reduce the 

exposure to 2,4,6-TTBP for the general 

population and for susceptible 

subpopulations such as workers and 

children. 


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Federal Register / Vol. 86, No. 3 / Wednesday, January 6, 2021 / Rules and Regulations 879 

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. While this 

action regulates a fuel additive, because 

the restrictions are limited to fuel 

additives purchased and used by 

consumers, it will not significantly 

affect the nation’s fuel supply. 

J. National Technology Transfer and 

Advancement Act (NTTAA) 

This rulemaking does not involve any 

technical standards. Therefore, NTTAA 

section 12(d), 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. 

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. 

804(2). 

List of Subjects in 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 751—REGULATION 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. 

2625(l)(4). 

■ 2. Add and reserve subpart D. 

■ 3. Add subpart E, consisting of 

§§ 751.401 through 751.413, to read as 

follows: 

Subpart E—Persistent, 

Bioaccumulative, and Toxic Chemicals 

Sec. 

751.401 General. 

751.403 Definitions. 

751.405 [Reserved]. 

751.407 [Reserved]. 

751.409 2,4,6-TTBP. 

751.411 [Reserved]. 

751.413 [Reserved]. 

§ 751.401 General. 

(a) This subpart establishes 

prohibitions and restrictions on the 

manufacturing, processing, and 

distribution in commerce of persistent, 

bioaccumulative, and toxic chemicals in 

accordance with TSCA section 6(h), 15 

U.S.C 2605(h). 

(b) Unless otherwise specified in this 

subpart, prohibitions and restrictions of 

this subpart do not apply to the 

following activities: 

(1) Distribution in commerce of any 

chemical substance, or any product or 

article that contains the chemical 

substance, that has previously been sold 

or supplied to an end user, i.e., any 

person that purchased or acquired the 

finished good for purposes other than 

resale. An example of an end user is a 

consumer who resells a product they no 

longer intend to use or who donates an 

article to charity. 

(2) Disposal of any chemical 

substance, or any product or article that 

contains the chemical substance, as well 

as importation, processing and 

distribution in commerce of any 

chemical substance or any product or 

article that contains the chemical 

substance for purposes of disposal. 

(3) Manufacturing, processing, 

distribution in commerce, and use of 

any chemical substance, or any product 

or article that contains the chemical 

substance, for research and 

development, as defined in § 751.403. 

§ 751.403 Definitions. 

The definitions in subpart A of this 

part apply to this subpart unless 

otherwise specified in this section. 

2,4,6-TTBP means the chemical 

substance 2,4,6-tris(tert-butyl)phenol 

(CASRN 732–26–3). 

2,4,6-TTBP oil and lubricant additives 

means any 2,4,6-TTBP-containing 

additive to a product of any viscosity 

intended to reduce friction between 

moving parts, whether mineral oil or 

synthetic base, including engine 

crankcase and gear oils and bearing 

greases. 2,4,6-TTBP oil and lubricant 

additive does not include hydraulic 

fluid and other oils whose primary 

purpose is not friction reduction. 

Article means a manufactured item: 

(1) Which is formed to a specific 

shape or design during manufacture, 

(2) Which has end use function(s) 

dependent in whole or in part upon its 

shape or design during end use, and 

(3) Which has either no change of 

chemical composition during its end 

use or only those changes of 

composition which have no commercial 

purpose separate from that of the article, 

and that result from a chemical reaction 

that occurs upon end use of other 

chemical substances, mixtures, or 

articles; except that fluids and particles 

are not considered articles regardless of 

shape or design. 

Product means the chemical 

substance, a mixture containing the 

chemical substance, or any object that 

contains the chemical substance or 

mixture containing the chemical 

substance that is not an article. 

Research and Development means 

laboratory and research use only for 

purposes of scientific experimentation 

or analysis, or chemical research on, or 

analysis of, the chemical substance, 

including methods for disposal, but not 

for research or analysis for the 

development of a new product, or 

refinement of an existing product that 

contains the chemical substance. 

§ 751.405 Reserved] 

§ 751.407 Reserved] 

§ 751.409 2,4,6-TTBP. 

(a) Prohibitions. (1) After January 6, 

2026, all persons are prohibited from all 

distribution in commerce of 2,4,6-TTBP, 

at any concentration above 0.3 percent 

by weight, in containers with a volume 

less than 35 gallons. 

(2) After January 6, 2026, all persons 

are prohibited from all processing and 

distribution in commerce of 2,4,6-TTBP 

oil and lubricant additives at any 

concentration above 0.3 percent by 

weight. 

(b) Recordkeeping. After January 6, 

2026, distributors of 2,4,6-TTBP must 

maintain ordinary business records, 

such as invoices and bills-of-lading, 

related to compliance with the 


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880 Federal Register / Vol. 86, No. 3 / Wednesday, January 6, 2021 / Rules and Regulations 

prohibitions, restrictions, and other 

provisions of this section. These records 

must be maintained for a period of three 

years from the date the record is 

generated. 

§ 751.411 [Reserved] 

§ 751.413 [Reserved] 

[FR Doc. 2020–28690 Filed 1–5–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 751 

[EPA–HQ–OPPT–2019–0080; FRL–10018– 

87] 

RIN 2070–AK34 

Decabromodiphenyl Ether (DecaBDE); 

Regulation of Persistent, 

Bioaccumulative, and Toxic Chemicals 

Under TSCA Section 6(h) 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is finalizing a rule under 

the Toxic Substances Control Act 

(TSCA) to address its obligations under 

TSCA for decabromodiphenyl ether 

(decaBDE) (CASRN 1163–19–5), which 

EPA has determined meets the 

requirements for expedited action under 

of TSCA. This final rule prohibits all 

manufacture (including import), 

processing, and distribution in 

commerce of decaBDE, or decaBDEcontaining products or articles, with 

some exclusions. These requirements 

will result in lower amounts of decaBDE 

being manufactured, processed, 

distributed in commerce, used and 

disposed, thus reducing the exposures 

to humans and the environment. 

DATES: This final rule is 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 EPA–HQ–OPPT–2019–0080, 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 

telephone number for the Public 

Reading Room is (202) 566–1744, and 

the telephone number for the OPPT 

Docket is (202) 566–0280. 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: Clara 

Hull, Existing Chemicals Risk 

Management Division, Office of 

Pollution Prevention and Toxics 

(7404T), Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW, 

Washington, DC 20460–0001; telephone 

number: 202–564–3954; email address: 

hull.clara@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 

decabromodiphenyl ether (decaBDE) 

and decaBDE-containing products and 

articles, especially wire and cable 

rubber casings, textiles, electronic 

equipment casings, building and 

construction materials, and imported 

articles such as aerospace and 

automotive parts. 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: 

• Nuclear Electric Power Generation 

(NAICS Code 221113); 

• Power and Communication Line 

and Related Structures Construction 

(NAICS Code 237130); 

• Nonwoven Fabric Mills (NAICS 

Code 313230); 

• Fabric Coating Mills (NAICS Code 

313320); 

• All Other Basic Organic Chemical 

Manufacturing (NAICS Code 325199); 

• Paint and Coating Manufacturing 

(NAICS Code 325510); 

• Custom Compounding of Purchased 

Resins (NAICS Code 325991); 

• All Other Miscellaneous Chemical 

Product and Preparation Manufacturing 

(NAICS Code 325998); 

• Unlaminated Plastics Film and 

Sheet (except Packaging) Manufacturing 

(NAICS Code 326113); 

• Laminated Plastics Plate, Sheet 

(except Packaging), and Shape 

Manufacturing (NAICS Code 326130); 

• Urethane and Other Foam Product 

(except Polystyrene) Manufacturing 

(NAICS Code 326150); 

• All Other Plastics Product 

Manufacturing (NAICS Code 326199); 

• Copper Rolling, Drawing, 

Extruding, and Alloying (NAICS Code 

331420); 

• Computer and Peripheral 

Equipment Manufacturing (NAICS Code 

3341); 

• Radio and Television Broadcasting 

and Wireless Communications 

Equipment Manufacturing (NAICS Code 

334220); 

• Other Communications Equipment 

Manufacturing (NAICS Code 334290); 

• Audio and Video Equipment 

Manufacturing (NAICS Code 334310); 

• Other Communication and Energy 

Wire Manufacturing (NAICS Code 

335929); 

• Current-Carrying Wiring Device 

Manufacturing (NAICS Code 335931); 

• Motor Vehicle Manufacturing 

(NAICS Code 3361), e.g., automobile, 

aircraft, ship, and boat manufacturers 

and motor vehicle parts manufacturers; 

• Other Motor Vehicle Parts 

Manufacturing (NAICS Code 336390); 

• Aircraft Manufacturing (NAICS 

Code 336411); 

• Guided Missile and Space Vehicle 

Manufacturing (NAICS Code 336414); 

• Surgical Appliance and Supplies 

Manufacturing (NAICS Code 339113); 

• Doll, Toy, and Game Manufacturing 

(NAICS Code 33993); 

• Automobile and Other Motor 

Vehicle Merchant Wholesalers (NAICS 

Code 423110); 

• Motor Vehicle Supplies and New 

Parts Merchant Wholesalers (NAICS 

Code 423120); 

• Hotel Equipment and Supplies 

(except Furniture) Merchant 

Wholesalers (NAICS Code 423440); 

• Household Appliances, Electric 

Housewares, and Consumer Electronics 

Merchant 

Wholesalers (NAICS Code 423620); 

• Sporting and Recreational Goods 

and Supplies Merchant Wholesalers 

(NAICS Code 423910); 

• Toy and Hobby Goods and Supplies 

Merchant Wholesalers (NAICS Code 

423920); 


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