12872 Federal Register / Vol. 87, No. 45 / Tuesday, March 8, 2022 / Rules and Regulations 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by May 9, 2022. Filing a petition 

for reconsideration by the Administrator 

of this final rule does not affect the 

finality of this action for the purposes of 

judicial review nor does it extend the 

time within which a petition for judicial 

review may be filed, and shall not 

postpone the effectiveness of such rule 

or action. This action may not be 

challenged later in proceedings to 

enforce its requirements. See section 

307(b)(2). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Nitrogen 

dioxide, Ozone, Particulate matter, 

Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: February 28, 2022. 

Daniel Blackman, 

Regional Administrator, Region 4. 

For the reasons stated in the 

preamble, EPA amends 40 CFR part 52 

as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart II—North Carolina 

§ 52.1770 [Amended] 

■ 2. In § 52.1770(c)(3), the table is 

amended by removing the heading for 

‘‘Section 2.0800 Transportation 

Facilities,’’ and the entries for ‘‘Section 

2.0801,’’ ‘‘Section 2.0802,’’ ‘‘Section 

2.0803,’’ and ‘‘Section 2.0804.’’ 

[FR Doc. 2022–04833 Filed 3–7–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2020–0214; FRL–9380–01– 

OCSPP] 

Phosphoric Acid; Exemption From the 

Requirement of a Tolerance 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes an 

exemption from the requirement of a 

tolerance for residues of phosphoric 

acid (CAS Reg. No. 7664–38–2) when 

used as an inert ingredient (pH adjuster) 

in antimicrobial formulations applied to 

food-contact surfaces in public eating 

places, dairy-processing equipment, 

food-processing equipment and utensils. 

Technology Sciences Group Inc., on 

behalf of the Clorox Services Company 

(Representing Clorox Professional 

Products Company), submitted a 

petition to EPA under the Federal Food, 

Drug, and Cosmetic Act (FFDCA), 

requesting the establishment of an 

exemption from the requirement of a 

tolerance. This regulation eliminates the 

need to establish a maximum 

permissible level for residues of 

phosphoric acid when used in 

accordance with this exemption. 

DATES: This regulation is effective 

March 8, 2022. Objections and requests 

for hearings must be received on or 

before May 9, 2022, and must be filed 

in accordance with the instructions 

provided in 40 CFR part 178 (see also 

Unit I.C. of the SUPPLEMENTARY

INFORMATION). 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2020–0214, is 

available at https://www.regulations.gov 

or at the Office of Pesticide Programs 

Regulatory Public Docket (OPP Docket) 

in the Environmental Protection Agency 

Docket Center (EPA/DC), West William 

Jefferson Clinton Bldg., Rm. 3334, 1301 

Constitution Ave. NW, Washington, DC 

20460–0001. 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 OPP 

Docket is (703) 305–5805. 

Due to the public health concerns 

related to COVID–19, the EPA Docket 

Center (EPA/DC) and Reading Room is 

closed to visitors with limited 

exceptions. The staff continues to 

provide remote customer service via 

email, phone, and webform. For the 

latest status information on EPA/DC 

services and docket access, visit https:// 

www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Marietta Echeverria, Registration 

Division (7505P), Office of Pesticide 

Programs, Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW, 

Washington, DC 20460–0001; main 

telephone number: (703) 305–7090; 

email address: RDFRNotices@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. 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: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

B. How can I get electronic access to 

other related information? 

You may access a frequently updated 

electronic version of 40 CFR part 180 

through the Office of the Federal 

Register’s e-CFR site at https://

www.ecfr.gov/current/title-40. 

C. How can I file an objection or hearing 

request? 

Under FFDCA section 408(g), 21 

U.S.C. 346a, any person may file an 

objection to any aspect of this regulation 

and may also request a hearing on those 

objections. You must file your objection 

or request a hearing on this regulation 

in accordance with the instructions 

provided in 40 CFR part 178. To ensure 

proper receipt by EPA, you must 

identify docket ID number EPA–HQ– 

OPP–2020–0214 in the subject line on 

the first page of your submission. All 

objections and requests for a hearing 

must be in writing, and must be 

received by the Hearing Clerk on or 

before May 9, 2022. Addresses for mail 

and hand delivery of objections and 

hearing requests are provided in 40 CFR 

178.25(b). 

In addition to filing an objection or 

hearing request with the Hearing Clerk 

as described in 40 CFR part 178, please 

submit a copy of the filing (excluding 

any Confidential Business Information 


lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 87, No. 45 / Tuesday, March 8, 2022 / Rules and Regulations 12873 

(CBI)) for inclusion in the public docket. 

Information not marked confidential 

pursuant to 40 CFR part 2 may be 

disclosed publicly by EPA without prior 

notice. Submit the non-CBI copy of your 

objection or hearing request, identified 

by docket ID number EPA–HQ–OPP– 

2020–0214, by one of the following 

methods: 

• Federal eRulemaking Portal: 

https://www.regulations.gov. Follow the 

online instructions for submitting 

comments. Do not submit electronically 

any information you consider to be CBI 

or other information whose disclosure is 

restricted by statute. 

• Mail: OPP Docket, Environmental 

Protection Agency Docket Center (EPA/ 

DC), (28221T), 1200 Pennsylvania Ave. 

NW, Washington, DC 20460–0001. 

• Hand Delivery: To make special 

arrangements for hand delivery or 

delivery of boxed information, please 

follow the instructions at https://

www.epa.gov/dockets/contacts.html. 

Additional instructions on 

commenting or visiting the docket, 

along with more information about 

dockets generally, is available at https:// 

www.epa.gov/dockets. 

II. Petition for Exemption 

In the Federal Register of May 29, 

2020 (85 FR 32338) (FRL–10009–84), 

EPA issued a document pursuant to 

FFDCA section 408, 21 U.S.C. 346a, 

announcing the filing of a pesticide 

petition (IN–11392) by Technology 

Sciences Group Inc., (1150 18th Street 

NW, Suite 1000, Washington, DC 

20036), on behalf of the Clorox Services 

Company (Representing Clorox 

Professional Products Company) (P.O. 

Box 493, Pleasanton, CA 94566–0803). 

The petition requested that 40 CFR 

180.940(a) be amended by establishing 

an exemption from the requirement of a 

tolerance for residues of phosphoric 

acid when used as an inert ingredient 

(pH adjuster) in antimicrobial 

formulations applied to food-contact 

surfaces in public eating places, dairyprocessing equipment, food-processing 

equipment and utensils. That document 

referenced a summary of the petition 

prepared by Technology Sciences Group 

Inc., on behalf of on behalf of the Clorox 

Services Company (Representing Clorox 

Professional Products Company), the 

petitioner, which is available in the 

docket, https://www.regulations.gov. 

There were no relevant comments 

received in response to the notice of 

filing. 

III. Inert Ingredient Definition 

Inert ingredients are all ingredients 

that are not active ingredients as defined 

in 40 CFR 153.125 and include, but are 

not limited to, the following types of 

ingredients (except when they have a 

pesticidal efficacy of their own): 

Solvents such as alcohols and 

hydrocarbons; surfactants such as 

polyoxyethylene polymers and fatty 

acids; carriers such as clay and 

diatomaceous earth; thickeners such as 

carrageenan and modified cellulose; 

wetting, spreading, and dispersing 

agents; propellants in aerosol 

dispensers; microencapsulating agents; 

and emulsifiers. The term ‘‘inert’’ is not 

intended to imply nontoxicity; the 

ingredient may or may not be 

chemically active. Generally, EPA has 

exempted inert ingredients from the 

requirement of a tolerance based on the 

low toxicity of the individual inert 

ingredients. 

IV. Aggregate Risk Assessment and 

Determination of Safety 

Section 408(c)(2)(A)(i) of FFDCA 

allows EPA to establish an exemption 

from the requirement for a tolerance (the 

legal limit for a pesticide chemical 

residue in or on a food) only if EPA 

determines that the exemption is ‘‘safe.’’ 

Section 408(c)(2)(A)(ii) of FFDCA 

defines ‘‘safe’’ to mean that ‘‘there is a 

reasonable certainty that no harm will 

result from aggregate exposure to the 

pesticide chemical residue, including 

all anticipated dietary exposures and all 

other exposures for which there is 

reliable information.’’ This includes 

exposure through drinking water and in 

residential settings, but does not include 

occupational exposure. Under FFDCA 

section 408(c)(2)(B), EPA must take into 

account, among other considerations, 

the factors in subparagraphs (C) and (D) 

of subsection (b)(2). Section 408(b)(2)(C) 

of FFDCA requires EPA to give special 

consideration to exposure of infants and 

children to the pesticide chemical 

residue in establishing a tolerance and 

to ‘‘ensure that there is a reasonable 

certainty that no harm will result to 

infants and children from aggregate 

exposure to the pesticide chemical 

residue . . . .’’ 

EPA establishes exemptions from the 

requirement of a tolerance only in those 

cases where it can be clearly 

demonstrated that the risks from 

aggregate exposure to pesticide 

chemical residues under reasonably 

foreseeable circumstances will pose no 

appreciable risks to human health. In 

order to determine the risks from 

aggregate exposure to pesticide inert 

ingredients, the Agency considers the 

toxicity of the inert in conjunction with 

possible exposure to residues of the 

inert ingredient through food, drinking 

water, and through other exposures that 

occur as a result of pesticide use in 

residential settings. If EPA is able to 

determine that a tolerance is not 

necessary to ensure that there is a 

reasonable certainty that no harm will 

result from aggregate exposure to the 

inert ingredient, an exemption from the 

requirement of a tolerance may be 

established. 

Consistent with FFDCA section 

408(c)(2)(A), and the factors specified in 

FFDCA section 408(c)(2)(B), EPA has 

reviewed the available scientific data 

and other relevant information in 

support of this action. EPA has 

sufficient data to assess the hazards of 

and to make a determination on 

aggregate exposure for phosphoric acid 

including exposure resulting from the 

exemption established by this action. 

EPA’s assessment of exposures and risks 

associated with phosphoric acid 

follows. 

A. Toxicological Profile 

EPA has evaluated the available 

toxicity data and considered their 

validity, completeness, and reliability as 

well as the relationship of the results of 

the studies to human risk. EPA has also 

considered available information 

concerning the variability of the 

sensitivities of major identifiable 

subgroups of consumers, including 

infants and children. Specific 

information on the studies received and 

the nature of the adverse effects caused 

by the relevant phosphoric acid as well 

as the no-observed-adverse-effect-level 

(NOAEL) and the lowest-observedadverse-effect-level (LOAEL) from the 

toxicity studies can be found at https:// 

www.regulations.gov in the document 

‘‘Phosphoric Acid; Human Health Risk 

Assessment and Ecological Effects 

Assessment to Support Proposed 

Amendment to the Tolerance 

Exemption When Used as an Inert 

Ingredient in Pesticide Formulations’’ in 

docket ID number EPA–HQ–OPP–2020– 

0214. 

The acute oral and dermal toxicities 

are low in rats and rabbits treated with 

phosphoric acid. Phosphoric acid 

solutions of pH <2.5 are corrosive. It is 

not a skin sensitizer. 

Repeated dose studies show that 

phosphoric acid is not toxic at doses up 

to 500 mg/kg/day in rats. No parental, 

developmental, offspring, or 

reproduction toxicity is seen up to 500 

mg/kg/day. No fetal susceptibility is 

observed. 

There is no evidence of 

immunotoxicity or neurotoxicity in the 

available studies. Phosphoric acid is 

negative for mutagenicity and 

chromosome aberrations. No tumors or 

cancer are observed in studies with rats. 


lotter on DSK11XQN23PROD with RULES1
12874 Federal Register / Vol. 87, No. 45 / Tuesday, March 8, 2022 / Rules and Regulations 

Phosphoric acid is absorbed by 

ingestion, inhalation, and dermal 

contact and is distributed in the body as 

phosphate. Absorbed phosphate is 

filtered in the kidneys and partially 

reabsorbed. It is excreted mainly in the 

feces as calcium phosphate. 

B. Toxicological Points of Departure/ 

Levels of Concern 

Phosphoric acid is an essential 

constituent of humans in the bones, 

teeth, and in many enzyme systems. 

Free phosphate ion (PO4

3¥) is the major 

form in which phosphorus is absorbed 

from the diet. The Institute of Medicine 

(US) Standing Committee on the 

Scientific Evaluation of Dietary 

Reference Intakes for Calcium, 

Phosphorus, Magnesium, Vitamin D, 

and Fluoride evaluated phosphorus and 

established tolerable upper intake levels 

(ULs), 4,000 mg/day (approximately 57 

mg/kg/day) for adults and 3,000 mg/day 

(approximately 200 mg/kg/day) for 

children 1 to 8 years of age. 

Furthermore, EFSA has established an 

acceptable daily intake (ADI) for 

phosphates, expressed as phosphorus, 

of 40 mg/kg body weight per day. 

Because a calculated cRfD from animal 

studies would result in values that are 

at least 8 times lower than the estimated 

acceptable consumption for humans 

(40–57 mg/kg/day), use of animal data is 

considered exceedingly conservative. 

Additionally, the adverse effects 

observed in animals occurred at doses 

well above the limit dose. Therefore, 

toxicity endpoints were not selected, 

and a qualitative risk assessment was 

performed for phosphoric acid. 

C. Exposure Assessment 

1. Dietary exposure from drinking 

water, food and feed uses. In evaluating 

dietary exposure to phosphoric acid, 

EPA considered exposure under the 

proposed exemption from the 

requirement of a tolerance. EPA 

assessed dietary exposures from 

phosphoric acid in food as follows: 

Dietary exposure (food and drinking 

water) to phosphoric acid may occur 

following ingestion of foods with 

residues from their use in accordance 

with this exemption and its use as a 

food additive. However, a quantitative 

dietary exposure assessment was not 

conducted and is not necessary since a 

toxicological endpoint for risk 

assessment was not identified. 

2. From non-dietary exposure. The 

term ‘‘residential exposure’’ is used in 

this document to refer to nonoccupational, non-dietary exposure 

(e.g., textiles (clothing and diapers), 

carpets, swimming pools, and hard 

surface disinfection on walls, floors, 

tables). Phosphoric acid may be used in 

pesticide products and non-pesticide 

products that may be used in and 

around the home. Based on the 

discussion above regarding the lack of a 

toxicological endpoint for phosphoric 

acid, a qualitative residential exposure 

assessment was conducted. 

3. Cumulative effects from substances 

with a common mechanism of toxicity. 

Section 408(b)(2)(D)(v) of FFDCA 

requires that, when considering whether 

to establish, modify, or revoke a 

tolerance, the Agency consider 

‘‘available information’’ concerning the 

cumulative effects of a particular 

pesticide’s residues and ‘‘other 

substances that have a common 

mechanism of toxicity.’’ 

Based on the lack of a toxicological 

endpoint, phosphoric acid and its 

metabolites are not expected to share a 

common mechanism of toxicity with 

other chemicals. For the purposes of 

this action, therefore, EPA has assumed 

that phosphoric acid does not have a 

common mechanism of toxicity with 

other substances. 

D. Safety Factor for Infants and 

Children 

Section 408(b)(2)(C) of the FFDCA 

requires EPA to retain an additional 

tenfold margin of safety in the case of 

threshold effects to ensure that there is 

a reasonable certainty that no harm will 

result to infants and children from 

aggregate exposure to the pesticide 

chemical residue. EPA has not 

identified any toxicological endpoints of 

concern and is conducting a qualitative 

assessment of phosphoric acid. The 

qualitative assessment does not use 

safety factors for assessing risk, and no 

additional safety factor is needed for 

assessing risk to infants and children. 

E. Aggregate Risks and Determination of 

Safety 

Taking into consideration all available 

information on phosphoric acid, EPA 

has determined that there is a 

reasonable certainty that no harm to the 

general population or any population 

subgroup, including infants and 

children, will result from aggregate 

exposure to phosphoric acid residues. 

Therefore, the establishment of 

exemptions from the requirement of a 

tolerance under 40 CFR 180.940(a) for 

residues of phosphoric acid when used 

as an inert ingredient in antimicrobial 

pesticide formulations applied to foodcontact surfaces in public eating places, 

dairy-processing equipment, and foodprocessing equipment and utensils is 

safe under FFDCA section 408. 

V. Other Considerations 

Analytical Enforcement Methodology 

An analytical method is not required 

for enforcement purposes since the 

Agency is establishing an exemption 

from the requirement of a tolerance 

without any numerical limitation. 

VI. Conclusions 

Based on the information reviewed by 

EPA and described above, an exemption 

from the requirement of a tolerance is 

established in 40 CFR 180.940(a) for 

residues of phosphoric acid (CAS Reg. 

No. 7664–38–2) when used as an inert 

ingredient (pH adjuster) in antimicrobial 

formulations applied to food-contact 

surfaces in public eating places, dairyprocessing equipment, food-processing 

equipment and utensils. 

VII. Statutory and Executive Order 

Reviews 

This action establishes a tolerance 

exemption under FFDCA section 408(d) 

in response to a petition submitted to 

the Agency. The Office of Management 

and Budget (OMB) has exempted these 

types of actions from review under 

Executive Order 12866, entitled 

‘‘Regulatory Planning and Review’’ (58 

FR 51735, October 4, 1993). Because 

this action has been exempted from 

review under Executive Order 12866, 

this action is not subject to Executive 

Order 13211, entitled ‘‘Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001) or Executive Order 13045, 

entitled ‘‘Protection of Children from 

Environmental Health Risks and Safety 

Risks’’ (62 FR 19885, April 23, 1997), 

nor is it considered a regulatory action 

under Executive Order 13771, entitled 

‘‘Reducing Regulations and Controlling 

Regulatory Costs’’ (82 FR 9339, February 

3, 2017). This action does not contain 

any information collections subject to 

OMB approval under the Paperwork 

Reduction Act (PRA) (44 U.S.C. 3501 et 

seq.), nor does it require any special 

considerations under Executive Order 

12898, entitled ‘‘Federal Actions to 

Address Environmental Justice in 

Minority Populations and Low-Income 

Populations’’ (59 FR 7629, February 16, 

1994). Since tolerances and exemptions 

that are established on the basis of a 

petition under FFDCA section 408(d), 

such as the tolerance exemption in this 

final rule, do not require the issuance of 

a proposed rule, the requirements of the 

Regulatory Flexibility Act (RFA) (5 

U.S.C. 601 et seq.), do not apply. 

This action directly regulates growers, 

food processors, food handlers, and food 

retailers, not States or Tribes, nor does 


lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 87, No. 45 / Tuesday, March 8, 2022 / Rules and Regulations 12875 

this action alter the relationships or 

distribution of power and 

responsibilities established by Congress 

in the preemption provisions of FFDCA 

section 408(n)(4). As such, the Agency 

has determined that this action will not 

have a substantial direct effect on States 

or Tribal Governments, on the 

relationship between the National 

Government and the States or Tribal 

Governments, or on the distribution of 

power and responsibilities among the 

various levels of government or between 

the Federal Government and Indian 

Tribes. Thus, the Agency has 

determined that Executive Order 13132, 

entitled ‘‘Federalism’’ (64 FR 43255, 

August 10, 1999) and Executive Order 

13175, entitled ‘‘Consultation and 

Coordination with Indian Tribal 

Governments’’ (65 FR 67249, November 

9, 2000) do not apply to this action. In 

addition, this action does not impose 

any enforceable duty or contain any 

unfunded mandate as described under 

Title II of the Unfunded Mandates 

Reform Act (UMRA) (2 U.S.C. 1501 et 

seq.). 

This action does not involve any 

technical standards that would require 

Agency consideration of voluntary 

consensus standards pursuant to section 

12(d) of the National Technology 

Transfer and Advancement Act 

(NTTAA) (15 U.S.C. 272 note). 

VIII. Congressional Review Act 

Pursuant to the Congressional Review 

Act (5 U.S.C. 801 et seq.), EPA will 

submit a report containing this rule and 

other required information to the U.S. 

Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of the rule in the Federal 

Register. This action is not a ‘‘major 

rule’’ as defined by 5 U.S.C. 804(2). 

List of Subjects in 40 CFR Part 180 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: February 17, 2022. 

Marietta Echeverria, 

Acting Director, Registration Division, Office 

of Pesticide Programs. 

Therefore, for the reasons stated in the 

preamble, EPA is amending 40 CFR 

chapter I as follows: 

PART 180—TOLERANCES AND 

EXEMPTIONS FOR PESTICIDE 

CHEMICAL RESIDUES IN FOOD 

■ 1. The authority citation for part 180 

continues to read as follows: 

Authority: 21 U.S.C. 321(q), 346a and 371. 

■ 2. In § 180.940, amend Table 1 to 

paragraph (a) by adding in alphabetical 

order an entry for ‘‘Phosphoric Acid’’ to 

read as follows: 

§ 180.940 Tolerance exemptions for active 

and inert ingredients for use in 

antimicrobial formulations (Food-contact 

surface sanitizing solutions) 

* * * * * 

(a) * * * 

TABLE 1 TO PARAGRAPH (a) 

Inert ingredients CAS Reg. No. Limits 

*******

Phosphoric Acid ....................................................................................................................................................... 7664–38–2 

* * * * * * * 

* * * * * 

[FR Doc. 2022–04852 Filed 3–7–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 751 

[EPA–HQ–OPPT–2021–0598; FRL–6015.6– 

02–OCSPP] 

RIN 2070–AK95 

Regulation of Persistent, 

Bioaccumulative, and Toxic Chemicals 

Under TSCA Section 6(h); Phenol, 

Isopropylated Phosphate (3:1); Further 

Compliance Date Extension 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is amending the 

regulations applicable to phenol, 

isopropylated phosphate (3:1) (PIP (3:1)) 

promulgated under the Toxic 

Substances Control Act (TSCA). 

Specifically, EPA is extending the 

compliance date applicable to the 

prohibition on processing and 

distribution in commerce of certain PIP 

(3:1)-containing articles, and the PIP 

(3:1) used to make those articles, until 

October 31, 2024, along with the 

compliance date for the associated 

recordkeeping requirements for 

manufacturers, processors, and 

distributors of PIP (3:1)-containing 

articles. This final rule follows issuance 

of a proposed rule for public comment 

on October 28, 2021; comments on the 

proposed rule are responded to in this 

action. 

DATES: This final rule is effective on 

March 8, 2022. For purposes of judicial 

review and 40 CFR 23.5, this rule shall 

be promulgated at 1 p.m. eastern 

standard time on March 22, 2022. 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPPT–2021–0598, is 

available at https://

www.regulations.gov. Due to the public 

health concerns related to COVID–19, 

the EPA Docket Center (EPA/DC) and 

Reading Room are opened to visitors by 

appointment only. For the latest status 

information on EPA/DC services and 

docket access, visit https://

www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: For 

technical information contact: Cindy 

Wheeler, 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) 

566–0484; email address: TSCA-PBTrules@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 phenol, 

isopropylated phosphate (3:1) (PIP 

(3:1)), or PIP (3:1)-containing articles, 


lotter on DSK11XQN23PROD with RULES1