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EPA/OCSPP RIN: 2070-AK59 Publication ID: Spring 2020 
Title: 2,4,6-Tris(tert-butyl)phenol (TTBP); Regulation of Persistent, Bioaccumulative, and Toxic Chemicals Under TSCA Section 6(h) 
Abstract:

Section 6(h) of the Toxic Substances Control Act (TSCA) directs EPA to issue regulations under section 6(a) for certain persistent, bioaccumulative, and toxic chemical substances that were identified in the 2014 update of the TSCA Work Plan. EPA is and, in selecting among the available prohibitions and other restrictions in TSCA section 6(a) in order to address risks of injury to health or the environment that the Administrator determines are presented by the chemical substances and reduce exposure to the chemical substances to the extent practicable. Since the statute states that a risk evaluation is not required for these chemical substances under TSCA section 6(h), EPA developed an exposure and use assessment. EPA intends to take final action on all of the chemicals that were addressed in the proposed rule that published on July 29, 2019(i.e., the following persistent, bioaccumulative, and toxic chemicals identified pursuant to TSCA section 6(h): decabromodiphenyl ether; phenol, isopropylated phosphate (3:1), also known as tris(4-isopropylphenyl) phosphate; 2,4,6-tris(tert-butyl)phenol; pentachlorothiophenol; and hexachlorobutadiene). Although addressed in a single proposed rule, EPA intends to issue separate final rules. As such, the original Regulatory Agenda entry (RIN 2070-AK34) was split into five separate Regulatory Agenda entries. This particular entry is for 2,4,6-tris(tert-butyl)phenol (TTBP). 2,4,6-TTBP is an antioxidant that can be used as a fuel or lubricant, as an intermediate in the manufacture of other compounds, and as a waste fuel. EPA proposed to prohibit the distribution in commerce of 2,4,6-TTBP and products containing 2,4,6-TTBP in any container with a volume of less than 55 gallons for any use, 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 proposed restriction also would prohibit 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, regardless of container size. EPA also proposed to require affected persons to maintain, for three years from the date the record is generated, ordinary business records that demonstrate compliance with the restrictions, prohibitions, and other requirements. For information about the other chemical substances, see the Regulatory Agenda entries identified as RIN 2070-AK34 (decabromodiphenyl ether); RIN 2070-AK58 (tris(4-isopropylphenyl) phosphate. PIP (3:1)); RIN 2070-AK60 (pentachlorothiophenol); and RIN 2070-AK61(hexachlorobutadiene).

 
Agency: Environmental Protection Agency(EPA)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
EO 13771 Designation: Regulatory 
CFR Citation: 40 CFR 751   
Legal Authority: 15 U.S.C. 2605 TSCA 6   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  07/29/2019  84 FR 36728   
NPRM Comment Period End  09/27/2019 
Final Rule  12/00/2020 
Additional Information: https://www.epa.gov/assessing-and-managing-chemicals-under-tsca/frank-r-lautenberg-chemical-safety-21st-century-act-0#pbt
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Related RINs: Related to 2070-AK34, Related to 2070-AK58, Related to 2070-AK60, Related to 2070-AK61 
Agency Contact:
Cindy Wheeler
Environmental Protection Agency
Office of Chemical Safety and Pollution Prevention
1200 Pennsylvania Avenue NW, Mail Code 7404T,
Washington, DC 20460
Phone:202 566-0484
Email: wheeler.cindy@epa.gov

Peter Gimlin
Environmental Protection Agency
Office of Chemical Safety and Pollution Prevention
1200 Pennsylvania Avenue NW, Mail Code 7404T,
Washington, DC 20460
Phone:202 566-0515
Fax:202 566-0473
Email: gimlin.peter@epa.gov