and the type of PPE selected to be worn by each of these persons;
    (B) The basis for PPE selection (e.g., demonstration based on
permeation testing or manufacturer specifications that each item of PPE
selected provides an impervious barrier to prevent exposure during
expected duration and conditions of exposure, including the likely
combinations of chemical substances to which the PPE may be exposed in
the work area); and
    (C) Appropriately sized PPE and training on proper application,
wear, and removal of PPE, and proper care/disposal of PPE.
    3. Require engineering controls for processing of PIP (3:1) and PIP
(3:1)-containing products as an intermediate processing aid in the
manufacturing of cyanoacrylate adhesives.
    Based on information gathered during consultations with industry
stakeholders (Ref. 50), EPA is proposing, at new 40 CFR 751.407(f)(6),
to require engineering controls for the processing of PIP (3:1) as an
intermediate processing aid in the manufacturing of cyanoacrylate
adhesives. According to stakeholders, the production process using PIP
(3:1) is carried out in an automated batch distillation plant and in a
closed system.
    EPA previously maintained that it was not practicable to prescribe
engineering controls that were duplicative of those required under OSHA
(OSHA 29 CFR 1910.134(a)(1)), which requires the use of feasible
engineering controls to prevent atmospheric contamination. As discussed
in Unit II.B.4., for purposes of determining whether worker protection
measures are practicable under TSCA section 6(h)(4), EPA no longer
believes it is appropriate to assume as a general matter that an
applicable OSHA requirement is consistently or always properly applied,
and the Agency considered when worker protection measures higher up the
NIOSH hierarchy of controls than PPE could practicably be required. For
the processing of PIP (3:1) as an intermediate processing aid in the
manufacturing of cyanoacrylate adhesives, EPA has reasonably available
information submitted by an industry participant regarding the use of
engineering controls. Based on that information, EPA is proposing to
require engineering controls for the processing of PIP (3:1) as an
intermediate processing aid in the manufacturing of cyanoacrylate
adhesives such that the processing of PIP (3:1) must take place in a
closed loop system with general and local exhaust ventilation provided.
EPA believes that only one company is currently processing PIP (3:1)
for this use, and the proposed engineering controls are the current
practice of the company. Thus, there were no costs for this proposed
requirement (Ref. 14). EPA is requesting comment on whether all
processing of PIP (3:1) as an intermediate processing aid in the
manufacturing of cyanoacrylate adhesives uses this type of system and
the feasibility of the cyanoacrylate adhesive industry to implement
engineering controls.
    4. Extend recordkeeping requirements from three to five years and
remove timeframe to make records available.
    In the 2021 PIP (3:1) final rule, EPA required that all persons who
manufacture, process, or distribute in commerce PIP (3:1) and products
and articles containing PIP (3:1) maintain ordinary business records
related to compliance with the prohibitions and restrictions for three
years and to make records available within 30-days upon request. EPA is
proposing to increase the recordkeeping requirement from three to five
years and to remove the 30-day timeframe to make records available. Due
to the additional requirements being proposed in this rulemaking,
specifically those pertaining to worker safety, EPA believes that the
five-year timeframe regarding recordkeeping and removal of the 30-day
timeframe to make records available is more appropriate. Furthermore,
this is consistent with the

timeframe associated with other TSCA section 6(a) rulemakings which
include worker protection requirements. EPA believes extending each
rule's recordkeeping requirement to a consistent five-year requirement
will facilitate regulated entities' compliance with minimal impact to
regulatory burden. In addition, removal of the 30-day timeframe to make
records available is critical to the Agency's ability to promptly
identify and correct noncompliance. EPA believes that regulated
entities should have the records demonstrating compliance readily
available.

IV. The Reasonably Ascertainable Economic Consequences of the Proposed
Rule

A. Overview of Cost Methodology

    EPA has evaluated the potential costs of the proposed rule.
Industry costs may arise from implementing measures to protect from
exposure or switching from the manufacture or use of the chemical to a
substitute. These costs included: reformulation of prohibited products
using alternative chemicals to manufacture the product, or the price
differential of available substitute products that do not contain PIP
(3:1), providing workers with the required personal protective
equipment (e.g., respirators, gloves, and/or goggles), product or
article labeling to indicate that it contains the regulated
chemical(s), rule familiarization and recordkeeping based on burdens
estimated for other similar rulemakings. Costs were annualized over a
30-year period. Other potential costs include, but are not limited to,
those associated with testing, release prevention, imported articles,
and some portion of potential revenue loss.

B. Estimated Costs of This Proposed Rule

    Total quantified annualized industry costs for the proposed rule
are estimated to be $389 million at a 3% discount rate and $416 million
at a 7% discount rate annualized over 30 years. Of the proposed rule
costs, those associated with decaBDE alone were approximately $1,700 at
a 3% discount rate and $1,800 at a 7% discount rate. Costs associated
with PIP (3:1) were $389 million and $416 million (at 3 and 7% discount
rates, respectively.) Of this total, worker protection (PPE) costs
under the proposed regulatory option annualized at a 3% discount rate
is $355 million and $392 million at a 7% discount rate with PIP (3:1)
accounting for all costs. The reason for the large disparity in the
costs between decaBDE and PIP (3:1) results from the difference in the
number of firms using each chemical under the proposed rule's regulated
activities. There are only two firms known to be using decaBDE that
would be impacted by the proposed rule. Substantially more firms (up to
19,018) could potentially be impacted by the PIP (3:1) proposed rule
requirements based on the sectors impacted. Prohibition costs for PIP
(3:1) annualized at a 3% discount rate were estimated at $33 million
and $24 million annualized at a 7% discount rate. For the economic
analyses for the 2021 PBT final rules, EPA estimated that it would need
one full-time equivalent (FTE) employee for implementation (e.g.,
compliance assistance and enforcement) activities under both the 2021
decaBDE and PIP (3:1) final rules (two FTE employees total). This
proposed rule would modify the existing rules. Therefore, EPA does not
expect that it will require any additional (incremental) Agency staff
time to implement the rules under the proposed revisions (proposed or
primary alternative options).
    1. Benefits.
    A qualitative discussion of the potential benefits associated with
the proposed action for decaBDE and PIP (3:1) is provided. PIP (3:1) is
a neurotoxicant and aquatic toxicant with high persistence and high
potential for bioaccumulation. DecaBDE has been found to have an
association with liver cancer and benign liver tumors in rats and mice
and had hepatic, renal, immune, and reproductive toxicity concerns in
animal studies. Research has also indicated that decaBDE is acutely
toxic to fish and aquatic invertebrates. As a result of this proposed
rule, prohibition and PPE requirements, EPA anticipates decreased
potential for occupational exposures and reduced potential for
exposures to the general population, potentially exposed or susceptible
subpopulations, and the environment.
    2. Cost effectiveness and effect on national economy, small
business, and technological innovation.
    With respect to the cost effectiveness of the proposed 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 primary 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 primary and alternative regulatory actions.
    EPA considered the anticipated effect of this proposed rule on the
national economy and concluded that this rule is highly unlikely to
have any measurable effect on the national economy (Ref. 14). 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. 54). Finally, EPA has determined that this rule is unlikely to
have significant impacts on technological innovation, although the rule
may create some incentives for chemical manufacturers to develop new
chemical alternatives to PIP (3:1).

V. Request for Comments

    EPA requests comment on all aspects of this proposal, including the
proposed regulatory actions, the compliance dates for all the actions
in this proposal, the primary alternative regulatory actions, and any
other options that EPA has considered or should consider for both
decaBDE and PIP (3:1). EPA is requesting comment on whether the
Agency's proposed regulatory actions achieve the statutory directives
to ``reduce exposure to the substance to the extent practicable'' (15
U.S.C. 2605(h)(4)). In addition, as previously noted, EPA's
understanding of the extent to which reductions in exposure might
reduce risks for communities with EJ concerns is limited. EPA is
therefore interested in any feedback or data that could aide in the
quantification of human health impacts to exposed populations, in order
to assess the extent to which impacts to communities with environmental
justice concerns are reduced by the proposed rule.
    EPA requests comment on the performance requirements and the
suitability of alternatives to meet any performance requirements for
non-aviation and non-turbine uses, as well as the reasonableness of the
proposed time period for the prohibition phase-in for those uses. In
addition, EPA requests comment on the economic and technical

feasibility of alternatives, and whether it would be practicable, where
alternatives are not technically and economically feasible, to reduce
exposures through worker protections alone. EPA is also requesting
comment on whether the exclusion from prohibition could be further
narrowed, specifically as it related to certain turbine uses.
    EPA requests comment on the availability of potential alternatives
for PIP (3:1) for use in wire harnesses and circuit boards that would
ensure that these products and articles would meet performance
requirements and voluntary and regulatory safety standards.
    EPA is requesting comment on the scope and timeframe of the 10-year
compliance date extension for processing and distribution in commerce
of certain PIP (3:1)-containing articles and the PIP (3:1), and PIP
(3:1) products used in those articles for use in manufacturing
equipment and in the semiconductor manufacturing industry, including
information on whether and why a longer timeframe or exclusion may be
necessary especially for replacement parts in order to account for
complex supply chains and to clear channels of trade.
    In addition, in a more recent letter to EPA dated August 4, 2023, a
semiconductor industry stakeholder group provided additional comments
to EPA: including a recommendation that EPA adopt a threshold limit of
no less than 0.001% for the presence of PIP (3:1) and 0.1% for the
presence of decaBDE in articles, comments on EPA's interpretation of
``article,'' a recommendation that EPA incorporate a manufactured-by
approach to account for the complexity of the global supply chain and
the time required to productize components compliant with the rule, and
that EPA should incorporate an exclusion for semiconductor
manufacturing and related equipment replacement parts (Ref. 57). EPA is
also requesting comment on the availability of analytical test
detection methods for PIP (3:1) and the practicability of implementing
a testing program for the presence of PIP in products and articles. EPA
has addressed a portion of these comments in the 2021 rulemaking. For
example, EPA has addressed the request for an exclusion for PBTs
present at low threshold limits as an unintentional contaminant or
present as in de minimis quantities (independent of the exclusion for
recycled plastics) reasoning that, where it is practicable to reduce
exposures, the statute provides no such exceptions. EPA believes that
there are any number of reasonable steps that can be taken to determine
whether a product or article is compliant with the PBT regulations,
such as contract specifications that describe the chemicals that may
not be used, or a statement from the supplier that the articles
furnished do not contain specific prohibited chemicals. However, EPA is
requesting comment on this as well as the others provided to EPA by
this semiconductor stakeholder. EPA requests comment on amending the
downstream notification requirement at 40 CFR 751.407(e) for PIP (3:1)-
containing products to require language in the Safety Data sheet to
notify workers using spray applications of the presence of PIP (3:1),
or alternatively to require a warning or other label statement affixed
to PIP (3:1)-containing products with spray applications. EPA requests
comment on whether notification for workers using spray applications
would reduce exposures, the practicability of such requirements, and
what notification statements or warning labels would be effective at
reducing exposures. This request for comment includes whether the
notifications or warning labels should be available in multiple
languages, if necessary (e.g., notice would be in a language that the
potentially exposed person understands, including a non-English
language version representing the language(s) of the largest group(s)
of workers who cannot readily comprehend or read English).
    EPA requests comment on whether additional downstream notification
requirements for products and articles known to contain decaBDE would
reduce the potential for exposure for decaBDE, and whether the labels
for plastic pallets should also be required to be available in multiple
languages if necessary. The downstream notification for which the
Agency is requesting comment would include additional text in sections
1 and 15 of an SDS or specific language on the label of the product or
article in question.
    EPA also requests comment on all aspects of the Economic Analysis
accompanying this action. In taking final action on this proposal,
following review of comments, EPA may require exposure reductions
beyond those proposed here, or may reduce the scope of the proposed
exposure reductions.

VI. References

    The following is a listing 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. 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.
2. EPA. TSCA Work Plan Chemicals: Methods Document. February 2012.
3. EPA. Decabromodiphenyl Ether (DecaBDE); Regulation of Persistent,
Bioaccumulative, and Bioaccumulative, and Toxic Chemicals Under TSCA
Section 6(h); Final Rule. Federal Register (86 FR 880, January 6,
2021) (FRL-10018-87).
4. EPA. Phenol, Isopropylated Phosphate (3:1) (PIP (3:1));
Regulation of Persistent, Bioaccumulative, and Toxic Chemicals Under
TSCA Section 6(h); Final Rule. Federal Register (86 FR 894, January
6, 2021) (FRL-10018-88).
5. EPA. 2,4,6-tris(tert-butyl) phenol (2,4,6-TTBP); Regulation of
Persistent, Bioaccumulative, and Toxic Chemicals Under TSCA Section
6(h); Final Rule. Federal Register (86 FR 866, January 6, 2021)
(FRL-10018-90).
6. EPA. Hexachlorobutadiene (HCBD); Regulation of Persistent,
Bioaccumulative, and Toxic Chemicals Under TSCA Section 6(h); Final
Rule. Federal Register (86 FR 922, January 6, 2021) (FRL-10018-91).
7. EPA. Pentachlorothiophenol (PCTP); Regulation of Persistent,
Bioaccumulative, and Toxic Chemicals Under TSCA Section 6(h); Final
Rule. Federal Register (86 FR 911, January 6, 2021) (FRL-10018-89).
8. EPA. Regulation of Persistent, Bioaccumulative, and Toxic
Chemicals Under TSCA Section 6(h); Phenol, Isopropylated Phosphate
(3:1); Request for Comments. Federal Register (86 FR 14398, March
16, 2021) (FRL-10021-08).
9. Executive Order 13990. Protecting Public Health and the
Environment and Restoring Science to Tackle the Climate Crisis.
Federal Register (86 FR 7037, January 25, 2021).
10. Letter to EPA from the Consumer Technology Association and the
Information Technology Industry Council to EPA on March 15, 2021.
Document No. EPA-HQ-OPPT-2021-0202-0015.
11. EPA. Regulation of Persistent, Bioaccumulative, and Toxic
Chemicals Under TSCA Section 6(h); Phenol, Isopropylated Phosphate
(3:1); Compliance Date Extension Final Rule. Federal Register (86 FR
51823, September 17, 2021) (FRL-6015.5-03-OCSPP).
12. EPA. Regulation of Persistent, Bioaccumulative, and Toxic
Chemicals Under TSCA Section 6(h); Phenol, Isopropylated Phosphate
(3:1); Further Compliance Date Extension Proposed Rule. Federal
Register (86 FR 59684, October 28, 2021) (FRL-6015.6-01-OCSPP).

13. EPA. Regulation of Persistent, Bioaccumulative, and Toxic
Chemicals Under TSCA Section 6(h); Phenol, Isopropylated Phosphate
(3:1); Further Compliance Date Extension Final Rule. Federal
Register (87 FR 12875, March 8, 2022) (FRL-6015.6-02-OCSPP).
14. EPA. Economic Analysis for Regulation of Phenol, isopropylated
phosphate (3:1) (PIP (3:1) and Decabromodiphenyl ether (DecaBDE)
Under TSCA Section 6(h). November 2023.
15. EPA. 1995 Policy on Evaluating Health Risks to Children. https://www.epa.gov/sites/default/files/201405/documents/1995_childrens_health_policy_statement.pdf.
16. EPA. Exposure and Use Assessment of Five Persistent,
Bioaccumulative, and Toxic Chemicals. December 2020. (For references
and supporting documentation, see also EPA-HQ-OPPT-2019-0080).
17. Comments submitted to EPA. Regulation of Persistent,
Bioaccumulative, and Toxic Chemicals Under TSCA Section 6(h) on
March 16, 2021. Docket ID: EPA-HQ-OPPT-2021-0202-0001.
18. Comment from the American Coatings Association (ACA) to EPA on
May 21, 2021. Comment ID: EPA-HQ-OPPT-2021-0202-0144.
19. Centers for Disease Control and Prevention (CDC). NIOSH
Hierarchy of Controls. https://www.cdc.gov/niosh/topics/hierarchy/default.html.
20. EPA. Environmental and Human Health Hazards of Five Persistent,
Bioaccumulative and Toxic Chemicals. December 2020. (For references
and supporting documentation, see also EPA-HQ-OPPT-2019-0080).
21. EPA. Preliminary Information on Manufacturing, Processing,
Distribution, Use, and Disposal: Decabromodiphenyl ether. August
2017. Docket No. EPA-HQ-OPPT-2016-0724-0002.
22. Stakeholder Comment from Auto Alliance. February 2018.
23. Stakeholder Comment from iGPS. January 2018.
24. EPA. Access Chemical Data Reporting: 2020 CDR Data. Last updated
on May 16, 2022.
25. EPA. Exposure and Use Assessment of Five Persistent,
Bioaccumulative, and Toxic Chemicals. June 2019.
26. Yurok Tribe. Public Comment Submitted to EPA RE: Comments on
Regulation of Persistent, Bioaccumulative, and Toxic Chemicals Under
TSCA Section 6(h) on May 17, 2021. Comment ID: EPA-HQ-OPPT-2021-
0202-0077.
27. Norwegian Environmental Agency. Final Report. Literature Study--
DecaBDE in Waste Streams. 2015.
28. Yurok Tribe. Letter to EPA RE: the Tribal Consultation on
DecaBDE Risk Management Rule on January 3, 2023.
29. Comment submitted to EPA by the Truck and Engine Manufacturers
Association (EMA) on October 29, 2019. Comment ID: EPA-HQ-OPPT-2019-
0080-0550.
30. Centers for Disease Control and Prevention (CDC). NIOSH
Certified Equipment List. https://www.cdc.gov/niosh/npptl/topics/respirators/cel/.
31. Occupational Safety and Health Administration. Assigned
Protection Factors for the Revised Respiratory Protection Standard.
OSHA 3352-02 2009. https://www.osha.gov/sites/default/files/publications/3352-APF-respirators.pdf.
32. Occupational Safety and Health Administration. Personal
Protective Equipment. OSHA 3151-02R 2023. https://www.osha.gov/sites/default/files/publications/osha3151.pdf.
33. EPA. Regulation of Persistent, Bioaccumulative, and Toxic
Chemicals Under TSCA Section 6(h) RIN 2070-AK34; Response to Public
Comments. December 2020.
34. EPA (2021c). TRI Toxics Tracker, U.S. Environmental Protection
Agency. https://edap.epa.gov/public/extensions/TRIToxicsTracker/TRIToxicsTracker.html.
35. Placeholder: Letter from the Nuclear Regulatory Commission to
the EPA on March 31, 2023. (EPA-HQ-OPPT-2023-0376).
36. Placeholder: Email from the Nuclear Energy Institute to the EPA
on March 9, 2023, 2023. (EPA-HQ-OPPT-2023-0376).
37. EPA. Enforcement Statement Regarding the Prohibition of
Processing and Distribution in Commerce of Decabromodiphenyl Ether
(DecaBDE)-Containing Wire and Cable Insulation in Nuclear Power
Generation Facilities under 40 CFR 751.405(a)(2)(ii). May 2, 2023.
https://www.epa.gov/system/files/documents/202305/Enforcement%20Statement%20Regarding%20DecaBDE%205%202%202023.pdf.
38. EPA. 2023 DecaBDE Settlement: In the Matter of RSCC Wire & Cable
LLC. Docket No. TSCA-HQ-2023-5006. May 1, 2023. https://
yosemite.epa.gov/oa/EAB_Web_Docket.nsf/Unpublished~Final~Orders/
8A750189B8B8E14A852589A20072ACCC/$File/
RSCC%20CAFO%20final%20order%202023.05.01%201510.pdf.
39. United Nations Environmental Program Stockholm Convention on
Persistent Organic Pollutants (2015). Risk profile on
decabromodiphenyl ether. Report of the Persistent Organic Pollutants
Review Committee on the work of its eleventh meeting.
40. EPA. Stakeholder Meeting Notes with Akin Gump on September 27,
2018. Docket No. EPA-HQ-OPPT-2019-0080-0017.
41. EPA. Economic Analysis for Regulation of Phenol, Isopropylated
Phosphate (3:1) (PIP (3:1)) Under TSCA Section 6(h). December 16,
2020.
42. Comment submitted to EPA from the National Elevator Industry,
Inc. on March 24, 2021. Comment ID: EPA-HQ-OPPT-2021-0202-0131.
43. Comment submitted to EPA from the Motor & Equipment
Manufacturers Association and the Alliance for Automotive Innovation
on May 20, 2021. Comment ID: EPA-HQ-OPPT-2021-0202-0110.
44. Comment to EPA from the Consumer Technology Association, IPC,
and Information Technology Industry Council on May 24, 2021. Comment
ID: EPA-HQ-OPPT-2021-0202-0148.
45. Comment submitted to EPA from The Boeing Company on May 20,
2021. Comment ID: EPA-HQ-OPPT-2021-0202-0102.
46. Comment submitted to EPA from the Association of Equipment
Manufacturers on May 14, 2021. Comment ID: EPA-HQ-OPPT-2021-0202-
0053.
47. Comment submitted to EPA from SEMI and the Semiconductor
Equipment Association of Japan on May 20, 2021. Comment ID: EPA-HQ-
OPPT-2021-0202-0121.
48. Comment submitted to EPA from the Power Tool Institute, Inc. on
May 18, 2021. Comment ID: EPA-HQ-OPPT-2021-0202-0067.
49. Comment submitted to EPA from Leonhardt Environmental, PC on May
6, 2021. Comment ID: EPA-HQ-OPPT-2021-0202-0035.
50. Comment submitted to EPA by Japan Agricultural Machinery
Manufacturers Association on May 20, 2021. Comment ID: EPA-HQ-OPPT-
2021-0202-0112.
51. Comment submitted to EPA by Chemical Users Coalition on May 24,
2021. Comment ID: EPA-HQ-OPPT-2021-0202-0135.
52. EPA. Letter from EPA's Office of Chemical Safety and Pollution
Prevention to EPA's Office of Enforcement and Compliance Assurance
RE: Request for No Action Assurance Regarding the Prohibition of
Processing and Distribution of Phenol Isopropylated Phosphate (3:1),
PIP (3:1), for Use in Articles and PIP (3:1) containing Articles
under 40 CFR 751.407(a)(1). March 8, 2021. https://www.epa.gov/sites/default/files/2021-03/documents/10021-08_memo_freedhoff_to_starfield_tsca_pip_31_naa_signed_2021-03-08.pdf.
53. Comment submitted to EPA from Daniel D. Masakowski, Director of
Materials Development, RSCC on the Regulation of Persistent,
Bioaccumulative, and Toxic Chemicals Under TSCA Section 6(h) on
January 29, 2020. Comment ID: EPA-HQ-OPPT-2019-0080-0583.
54. 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.
55. Harper, Barbara and Ranco, Darren, in collaboration with the
Maine Tribes. Wabanaki Traditional Cultural Lifeways Exposure
Scenario. July 9, 2009. Referenced in the 2021 Final PBT Rule.
56. EPA. Supporting Statement for an Information Collection Request
(ICR) under the Paperwork Reduction Act (PRA); Decabromodiphenyl
Ether and Phenol, Isopropylated Phosphate (3:1); Revision to the
Regulation of Persistent, Bioaccumulative, and Toxic Chemicals under
the Toxic Substances Control Act (TSCA); Proposed Rule (RIN 2070-
AL02). EPA ICR No. 2779.01 and OMB Control No. 2070-NEW. November
2023.

57. Comment submitted to EPA by SEMI on August 4, 2023. Comment ID;
TBA

VII. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive orders
can be found at https://www.epa.gov/laws-regulations-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 14094: Modernizing Regulatory Review

    This action is a ``significant regulatory action'' as defined in
section 3(f)(1) of Executive Order 12866 (58 FR 51735, October 4,
1993), as amended by Executive Order 14094 (88 FR 21879, April 11,
2023). Accordingly, EPA, submitted this action to OMB for review under
Executive Order 12866. Documentation of any changes made in response to
the Executive Order 12866 review is available in the docket.
    EPA prepared an economic analysis of the potential costs and
benefits associated with this proposed rule (Ref. 14). A copy of this
economic analysis is also available in the docket and is briefly
summarized in Unit I.E. and discussed in Unit IV.

B. Paperwork Reduction Act (PRA)

    The information collection activities in this proposed rule have
been submitted for approval to OMB under the PRA, 44 U.S.C. 3501 et
seq. The Information Collection Request (ICR) document that EPA
prepared has been assigned EPA ICR No. 2779.01 (Ref. 56). You can find
a copy of the ICR in the docket for this rulemaking and it is briefly
summarized here.
    Respondents/affected entities: See Unit I.A.
    Respondent's obligation to respond: Mandatory under TSCA section
6(h) and 40 CFR 751.407.
    Estimated number of respondents: 19,020 (13,550 manufacturers/
importers/processors, and 5,470 distributors).
    Frequency of response: On occasion.
    Total estimated burden: 34,497 hours (per year). Burden is defined
at 5 CFR 1320.3(b).
    Total estimated cost: $2,640,103 (per year), includes $0 annualized
capital or operation and 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
regulations in 40 CFR are listed in 40 CFR part 9.
    Submit your comments on the Agency's need for this information, the
accuracy of the provided burden estimates and any suggested methods for
minimizing respondent burden to EPA using the docket identified at the
beginning of this rule. EPA will respond to any ICR-related comments in
the final rule. You may also send your ICR-related comments to OMB's
Office of Information and Regulatory Affairs using the interface at
https://www.reginfo.gov/public/do/PRAMain. Find this ICR by selecting
``Currently under Review--Open for Public Comments'' or by using the
search function. OMB must receive comments no later than December 26,
2023.

C. Regulatory Flexibility Act (RFA)

    I certify that 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 manufacture/import, process, or
distribute the chemicals subject to this proposed rule. The Agency has
determined that this proposed rule, if finalized, would impact
approximately 16,205 small businesses of which 1,399 are expected to
incur cost impacts between 1% and 3% of their annual revenue, all of
which were for PIP (3:1) and none for decaBDE. The cost per small
entity ranged from $4,254 to $1,134,821 (with an average of $124,650)
at a 3% discount rate and ranged from $4,227 to $1,134,786 (with an
average of $124,651, at a 7% discount rate). No entities for either
chemical are expected to be impacted above 3% of their annual revenue.
Details of this analysis are presented in the Economic Analysis (Ref.
14), which is in the public docket for this action.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate of $100 million
or more as described in UMRA, 2 U.S.C. 1531-1538, and does not
significantly or uniquely affect small governments. The requirements of
this proposed rule are not expected to affect state, local, or Tribal
governments because the rule impacts only entities that manufacture
(including import), process, distribute in commerce, use, or dispose
decaBDE and PIP (3:1), and government entities are not engaged in these
activities.

E. Executive Order 13132: Federalism

    This action does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999), because it will
not 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.

F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    This action does not have tribal implications as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000), because it will
not 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.
    Consistent with the EPA Policy on Consultation and Coordination
with Indian Tribes, the Agency 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 these 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 and Maine Tribes (Refs. 54 and 55). EPA
also met with the National Tribal Toxics Council (NTTC) in Washington,
DC. During the NTTC meeting, the Agency provided background information
on the available regulatory options under 6(a) and a summary of the
information gathered on the five PBT chemicals. Officials from NTTC
expressed support for EPA regulations to reduce exposures to the
general population and susceptible subpopulations. On November 7, 2022,
EPA held a one-on-one tribal consultation with the Yurok Tribal
Council, where the Agency received additional information that informed
the Agency of considerations to reduce potential exposures to decaBDE,
a summary of this consultation is provided in Unit II.A.2.

G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks

    Executive Order 13045 (62 FR 19885, April 23, 1997) directs federal
agencies to include an evaluation of the health and safety effects of
the planned regulation on children in federal health and safety
standards and explain why the regulation is preferable to potentially
effective and reasonably feasible alternatives. This action is subject
to Executive Order 13045

because it is a significant regulatory action under section 3(f)(1) of
Executive Order 12866, and the EPA believes that the environmental
health or safety risk addressed by this action may have a
disproportionate effect on children. While EPA believes that this
action addresses the health and environmental risks presented by the
PBT chemicals subject to this action that may have a disproportionate
effect on children, EPA did not perform a risk assessment or risk
evaluation of these PBT chemicals. However, the proposed requirements
would reduce potential exposure to these PBT chemicals for the general
population and for susceptible subpopulations such as workers and
children. EPA's evaluation of the exposure potential of these PBT
chemicals (Ref. 16) and summary of the health and environmental hazards
that may be presented by these chemical substances (Ref. 20) are in the
docket. In addition, as briefly discussed in Unit I.E.5., EPA's Policy
on Children's Health also applies to this action. See also the other
discussions about the risks presented by the PBT chemicals subject to
this action that are provided throughout this preamble.

H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy

    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.

I. National Technology Transfer and Advancement Act (NTTAA)

    This action does not involve technical standards under the NTTAA
section 12(d), 15 U.S.C. 272.

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations and
Executive Order 14096: Revitalizing Our Nation's Commitment to
Environmental Justice for All

    EPA believes that it is not practicable to assess whether this
action is likely to result in new disproportionate impacts or
exacerbate any existing disproportionate impacts on communities with EJ
concerns in accordance with Executive Order 12898 (59 FR 7629, February
16, 1994) and Executive Order 14096 (88 FR 25251, April 26, 2023).
Since a risk evaluation was not conducted, EPA's understanding of the
extent to which reductions in exposure might reduce risks for
communities with environmental justice concerns is limited. Data are
not sufficiently comprehensive to estimate the extent to which the
proposed rule would reduce existing disproportionate impacts on
communities with EJ concerns. Data on the worker composition of
affected industries, presented in Sections 6.5.1 and 6.5.2 of the
Economic Analysis (Ref. 14), provides a general indication of how
different demographic groups in the worker population may be affected.
Certain exclusions and extensions of compliance dates beyond the onset
of the rule may partially delay addressing these impacts. EPA believes
that the restrictions that would be placed on decaBDE and PIP (3:1)
with adoption of this proposed rule would reduce the potential
exposures, and therefore, reduce any potential risks, associated with
the manufacture, processing and use of these chemicals. EPA cannot
confirm which specific subpopulations are at a disproportionate risk
from exposure nor make a quantified estimate of the change in exposure
that will result from the rule. In addition, only a small subset of the
specific facilities using decaBDE and PIP (3:1) have been identified,
so a proximity analysis examining the characteristics of the
communities surrounding the known facilities might not be
representative of all exposed communities. Some workers will receive
PPE with adoption of the rule, while others will no longer be exposed
to decaBDE and PIP (3:1). As companies reformulate with chemical
alternatives, some workers may be exposed to these alternatives. Local
communities will be also less exposed to decaBDE and PIP (3:1), though
exposure to chemical alternatives may increase. EPA does not know which
chemical alternatives industry will ultimately use. Some alternatives
are less toxic and some are comparably toxic to decaBDE and PIP (3:1).

List of Subjects 40 CFR Part 751

    Environmental protection, Chemicals, Export Notification, Hazardous
substances, Import certification, Reporting and recordkeeping.

Michael S. Regan,
Administrator.

    Therefore, for the reasons set forth in the preamble, EPA proposes
to amend 40 CFR chapter I as follows:

PART 751--REGULATION OF CERTAIN CHEMICAL SUBSTANCES AND MIXTURES
UNDER SECTION 6 OF THE TOXIC SUBSTANCES CONTROL ACT

0
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).

0
2. Amend Sec.  751.403 by adding in alphabetical order the term
``regulated area'' to read as follows:

Sec.  751.403  Definitions.

* * * * *
    Regulated area means an area established by the regulated entity to
demarcate areas where airborne concentrations or direct dermal contact
of a specific chemical substance can reasonably be expected.
* * * * *
0
3. Amend Sec.  751.405 by:
0
a. Revising paragraph (a)(2)(ii);
0
b. Adding paragraphs (a)(2)(vi);
0
c. Revising paragraphs (c)(1)(i) and (iii); and
0
d. Adding paragraphs (d), (e), (f), and (g).
    The revision and additions read as follows:

Sec.  751.405  DecaBDE.

    (a) * * *
    (2) * * *
    (ii) After January 6, 2023, all persons are prohibited from all
processing and distribution in commerce of decaBDE for use in wire and
cable insulation in nuclear power generation facilities (including
research and test reactors).
* * * * *
    (vi) After the end of the wire and cables' service life, all
persons are prohibited from all processing and distribution in commerce
of decaBDE-containing wire and cable insulation for nuclear power
generation facilities (including research and test reactors).
* * * * *
    (c) * * *
    (1) * * *
    (i) These records must be maintained for a period of five years
from the date the record is generated.
* * * * *
    (iii) These records must be made available to EPA upon request.
* * * * *
    (d) Labeling.
    (1) After [DATE 1 YEAR AFTER DATE OF PUBLICATION IN THE FEDERAL
REGISTER], all persons who process, including recycle, plastic shipping
pallets that are known to contain decaBDE must securely attach a label
to each pallet. For purposes of this section, ``securely attach'' shall
mean that a label can reasonably be expected to remain affixed during
the foreseeable conditions and period of use. Each label must show
clearly, prominently, and in an easily readable font size the following
text:

    This shipping pallet contains decabromodiphenyl ether (decaBDE)
(CASRN

1163-19-5), a chemical that has been identified as persistent,
bioaccumulative, and toxic (PBT) by the U.S. Environmental
Protection Agency. All persons who recycle or process this pallet
are required to wear personal protective equipment, per regulations
at 40 CFR 751.405(e). The use of decaBDE is restricted under 40 CFR
751.405, all persons are prohibited from all manufacturing
(including importing), processing, or distribution in commerce of
decaBDE or decaBDE-containing products or articles, except for
select uses, including those for plastic shipping pallets at 40 CFR
751.405(a)(2)(v) and (b). After the end of the pallets' service
life, all persons are prohibited from all distribution in commerce
of plastic shipping pallets that contain decaBDE and were
manufactured prior to March 8, 2021.

    (e) Workplace protection.
    (1) Applicability. After [DATE 60 DAYS AFTER DATE OF PUBLICATION IN
THE FEDERAL REGISTER], the provisions of paragraph (e) of this section
apply to any workplaces, engaged in manufacturing and processing of
decaBDE and decaBDE-containing products and articles, except for those
identified in paragraph (e)(7) of this section.
    (2) Regulated areas. Owners or operators must establish and
maintain regulated areas as defined in 40 CFR 751.403 wherever a
potentially exposed person's exposure to airborne concentrations or
direct dermal contact of decaBDE can reasonably be expected.
    (i) The owner or operator must limit access to regulated areas to
authorized persons.
    (ii) The owner or operator must demarcate regulated areas from the
rest of the workplace in a manner that adequately establishes and
alerts persons to the boundaries of the regulated area and minimizes
the number of authorized persons exposed to decaBDE within the
regulated area.
    (iii) The owner or operator must supply a respirator that complies
with the requirements of paragraph (e) of this section and must ensure
that all persons within the regulated area are using the provided
respirators whenever exposures to airborne concentrations of decaBDE
can reasonably be expected.
    (iv) The owner or operator must ensure that while persons are
wearing respirators in the regulated area, they do not engage in
activities which interfere with respirator seal or performance.
    (v) Whenever any direct dermal contact with decaBDE may occur
within the regulated area the owner or operator must supply and ensure
all persons are using dermal PPE that complies with the requirements of
paragraph (e) of this section.
    (vi) The owner or operator must ensure that, within a regulated
area, persons do not engage in non-work activities that may increase
exposure to decaBDE.
    (3) Respiratory protection. The owner or operator must provide
respiratory protection to all potentially exposed persons in the
regulated area as demarcated in accordance with paragraph (e)(2) of
this section, and according to the provisions outlined in 29 CFR
1910.134(a) through (l) and as specified in this paragraph for
potentially exposed persons to decaBDE during expected time of use.
    (i) The type of respiratory protection that regulated entities must
select and provide to potentially exposed persons must be at least as
protective as a NIOSH-approved N95 respirator (APF 10).
    (ii) [Reserved]
    (4) Dermal protection. Owners or operators must require the donning
of gloves that are chemically resistant to decaBDE with activity-
specific training where dermal contact with decaBDE is possible.
    (5) Training. The owner or operator must provide PPE training in
accordance with 29 CFR 1910.132(f) to all persons required to use PPE
under this subsection. The training shall be provided prior to or at
the time of initial assignment to a job involving potential exposure to
decaBDE.
    (6) Workplace protection records. (i) The owner or operator subject
to the requirements described in this section must retain records of:
    (A) The name, workplace address, work shift, job classification,
work area of each person reasonably likely to directly handle decaBDE
or handle equipment or materials on which decaBDE may be present, the
type of PPE selected by the owner or operator for use by each of these
persons, the respiratory protection used by each potentially exposed
person, and PPE program implementation, including fit-testing and
training;
    (B) The basis for PPE selection (e.g., demonstration based on
permeation testing or manufacturer specifications that each item of PPE
selected provides an impervious barrier to prevent exposure during
expected duration and conditions of exposure, including the likely
combinations of chemical substances to which the PPE may be exposed in
the work area); and
    (C) Appropriately sized PPE and training on proper application,
wear, and removal of PPE, and proper care/disposal of PPE.
    (ii) These records must be maintained for a period of five years
from the date the record is generated.
    (iii) These records must be made available to EPA upon request.
    (7) Exclusions. The following are not subject to the provision of
paragraph (e) of this section:
    (i) Import of decaBDE and decaBDE-containing products and articles.
    (ii) Processing for recycling of decaBDE-containing plastic from
products or articles and decaBDE-containing products or articles made
from such recycled plastic, where no new decaBDE is added during the
recycling or production processes, except for those identified in
paragraph (a)(2)(v) of this section.
    (iii) Processing addressed in paragraph (a)(2)(vi) of this section
of decaBDE-containing wire and cable insulation for use in nuclear
power generation facilities.
    (iv) Processing of new and replacement parts to which decaBDE has
been added for motor and aerospace vehicles, and the motor and
aerospace vehicles that contain new and replacement parts to which
decaBDE has been added.
    (f) Export notification for decaBDE-containing products and
articles. After [DATE 60 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL
REGISTER], all persons intending to export decaBDE-containing wire and
cable for nuclear power generation facilities (including research and
test reactors) are required to notify EPA under TSCA section 12(b) and
the provisions of subpart D of 40 CFR part 707. The exemption at 40 CFR
707.60(b) does not apply to decaBDE-containing wire and cable for
nuclear power generation facilities.
    (g)  Prohibition on releases to water. After [DATE 60 DAYS AFTER
DATE OF PUBLICATION IN THE FEDERAL REGISTER], all persons are
prohibited from releasing decaBDE to water during manufacturing,
processing, and distribution in commerce of decaBDE, decaBDE-containing
products, and all persons are required to follow any applicable
regulations and best management practices for preventing the release of
decaBDE.
0
4. Amend Sec.  751.407 by:
0
a. Revising paragraphs (a)(2)(iii) and adding paragraphs (a)(2)(iv)
through (ix); and
0
b. Revising paragraphs (b)(1)(ii) and (iii), (d)(1) and (3); and
0
c. Adding paragraph (f).
    The revisions and additions read as follows:

Sec.  751.407  PIP (3:1).

    (a) * * *
    (2) * * *
    (iii) After October 31, 2024, except as provided in paragraphs
(a)(2)(ii),

(a)(2)(ix), and (b) of this section, all persons are prohibited from
all processing and distribution in commerce of PIP (3:1) for use in
articles and PIP (3:1)-containing articles.
    (iv) After [DATE 5 YEARS AFTER DATE OF PUBLICATION IN THE FEDERAL
REGISTER], except as provided in paragraph (b)(1)(ii) of this section,
all persons are prohibited from all processing and distribution in
commerce of PIP (3:1) and manufacturing, processing, and distribution
of PIP (3:1)-containing products for use in lubricants and greases and
PIP (3:1)-containing lubricants and greases.
    (v) After [DATE 15 YEARS AFTER DATE OF PUBLICATION IN THE FEDERAL
REGISTER], all persons are prohibited from all processing and
distribution in commerce of PIP (3:1) for use in parts for new motor
vehicles, including heavy machinery, and manufacturing, processing, and
distribution in commerce of PIP (3:1)-containing products for use in
parts for new motor vehicles, including heavy machinery, PIP (3:1)-
containing parts for such new vehicles, and the new motor vehicles,
including heavy machinery in any parts.
    (vi) After [DATE 30 YEARS AFTER DATE OF PUBLICATION IN THE FEDERAL
REGISTER], all persons are prohibited from all processing and
distribution in commerce of PIP (3:1) and manufacturing, processing,
and distribution in commerce of PIP (3:1)-containing products for use
in replacement parts for motor vehicles, including heavy machinery, PIP
(3:1)-containing replacement parts, and the motor vehicles, including
heavy machinery, that contain such replacement parts.
    (vii) After [DATE 30 YEARS AFTER DATE OF PUBLICATION IN THE FEDERAL
REGISTER], all persons are prohibited from all processing and
distribution in commerce of PIP (3:1) and manufacturing, processing,
and distribution in commerce of PIP (3:1)-containing products for use
in parts installed in and distributed as part of new aerospace
vehicles, and PIP (3:1)-containing parts for such vehicles. After the
end of the aerospace vehicles service lives, all persons are prohibited
from all importing, processing, and distribution in commerce of
aerospace vehicles manufactured before [DATE 30 YEARS AFTER DATE OF
PUBLICATION IN THE FEDERAL REGISTER] that contain PIP (3:1) in any
part. After the end of the aerospace vehicles service lives, all
persons are prohibited from all manufacturing, processing, and
distribution in commerce of PIP (3:1) and PIP (3:1)-containing products
for use in replacement parts for aerospace vehicles, and the
replacement parts to which PIP (3:1) has been added for such vehicles.
    (viii) After [DATE 5 YEARS AFTER DATE OF PUBLICATION IN THE FEDERAL
REGISTER], all persons are prohibited from processing and distribution
in commerce of PIP (3:1) and manufacturing, processing, and
distribution in commerce of PIP (3:1)-containing products for use in
marine antifouling coating products that are registered under the
Federal, Insecticide, Fungicide, Rodenticide Act and that meet U.S.
Department of Defense specification requirements.
    (ix) After November 25, 2033, all persons are prohibited from
processing, and distribution in commerce of PIP (3:1), and
manufacturing, processing, and distribution of PIP (3:1)-containing
products and articles for use in manufacturing equipment and in the
semi-conductor industry.
* * * * *
    (b) * * *
    (1) * * *
    (ii) PIP (3:1) for use in lubricants and greases for aerospace and
turbine uses, PIP (3:1)-containing products for use in lubricants and
greases for aerospace and turbine use, and PIP (3:1)-containing
lubricants and greases for aerospace and turbine uses;
    (iii) PIP (3:1) and PIP (3:1)-containing products for use in
circuit boards and wire harnesses, including but not limited to
terminal and fuse covers, cable sleeves, casings, connectors and tapes,
and PIP (3:1)-containing circuit boards and wire harnesses including
but not limited to terminal and fuse covers, cable sleeves, casings,
connectors and tapes;
* * * * *
    (d) * * *
    (1) After March 8, 2021, Persons who manufacture, process, or
distribute in commerce PIP (3:1) or PIP (3:1)-containing products or
articles must maintain ordinary business records, such as invoices and
bills-of-lading, related to compliance with the prohibitions,
restrictions, and other provisions of this section. These records must
be maintained for a period of five years from the date the record is
generated.
* * * * *
    (3) These records must be made available to EPA upon request.
* * * * *
    (f) Workplace protection.
    (1) Applicability. After January 23, 2024, the provisions of this
paragraph (f) apply to workplaces engaged in the manufacturing and
processing of PIP (3:1) and PIP (3:1)-containing products and articles,
except as provided in paragraph (f)(8) of this section.
    (2) Regulated areas. Owners or operators must establish and
maintain regulated areas as defined in 40 CFR 751.403 wherever a
potentially exposed person's exposure to airborne concentrations or
direct dermal contact of PIP (3:1) can reasonably be expected.
    (i) The owner or operator must limit access to regulated areas to
authorized persons.
    (ii) The owner or operator must demarcate regulated areas from the
rest of the workplace in a manner that adequately establishes and
alerts persons to the boundaries of the regulated area and minimizes
the number of authorized persons exposed to PIP (3:1) within the
regulated area.
    (iii) The owner or operator must supply a respirator that complies
with the requirements of paragraph (f) of this section and must ensure
that all persons within the regulated area are using the provided
respirators whenever exposures to airborne concentrations of PIP (3:1)
can reasonably be expected.
    (iv) The owner or operator must ensure that while persons are
wearing respirators in the regulated area, they do not engage in
activities which interfere with respirator seal or performance.
    (v) Whenever any direct dermal contact with PIP (3:1) may occur
within the regulated area the owner or operator must supply and ensure
all persons are using dermal PPE that complies with the requirements of
paragraph (f) of this section.
    (vi) The owner or operator must ensure that, within a regulated
area, persons do not engage in non-work activities that may increase
exposure to PIP (3:1).
    (3) Respiratory protection. The owner or operator must provide
respiratory protection to all potentially exposed persons in the
regulated area as demarcated in accordance with paragraph (f)(2) of
this section, and according to the provisions outlined in 29 CFR
1910.134(a) through (l) and as specified in this paragraph for
potentially exposed persons to PIP (3:1) during expected time of use.
    (i) The type of respiratory protection that regulated entities must
select and provide to potentially exposed persons must be at least as
protective as a NIOSH-approved APF 10 air-purifying half mask
respirator except for those uses identified in paragraph (f)(3)(ii) and
(iii) of this section.
    (ii) The type of respiratory protection that regulated entities
must select and provide to potentially exposed persons

must be at least as protective as a NIOSH-approved N95 respirator (APF
10) for the manufacturing and processing of PIP (3:1), and PIP (3:1)-
containing products for use in new and replacement parts for motor
vehicles, including heavy machinery, and aerospace vehicles.
    (iii) The type of respiratory protection that regulated entities
must select and provide to potentially exposed persons must be at least
as protective as a NIOSH-approved APF 50 purifying respirator for use
as an intermediate to produce cyanoacrylate adhesives when PIP (3:1)
and PIP (3:1)-containing products are not contained in a closed system
(i.e., except as described in paragraph (f)(8)(iii) of this section).
    (4) Dermal protection. Owners or operators must require the donning
of gloves that are chemically resistant to PIP (3:1) with activity-
specific training where dermal contact with PIP (3:1) is possible.
    (5) Training. The owner or operator must provide PPE training in
accordance with 29 CFR 1910.132(f) to all persons required to use PPE
under this subsection. The training shall be provided prior to or at
the time of initial assignment to a job involving potential exposure to
PIP (3:1).
    (6) Engineering controls. Owners or operators manufacturing
cyanoacrylate adhesives using PIP (3:1) as an intermediate processing
aid must use the following engineering controls:
    (i) Must take place in a closed loop system, and
    (ii) General and local exhaust ventilation must be provided.
    (7) Workplace protection records. Owners or operators subject to
requirements described in this section must retain records of:
    (A) The name, workplace address, work shift, job classification,
work area of each person reasonably likely to directly handle PIP (3:1)
or handle equipment or materials on which PIP (3:1) may be present, the
type of PPE selected to be worn by each of these persons, the
respiratory protection used by each potentially exposed person and PPE
program implementation, including fit-testing and training;
    (B) The basis for PPE selection (e.g., demonstration based on
permeation testing or manufacturer specifications that each item of PPE
selected provides an impervious barrier to prevent exposure during
expected duration and conditions of exposure, including the likely
combinations of chemical substances to which the PPE may be exposed in
the work area); and
    (C) Appropriately sized PPE and training on proper application,
wear, and removal of PPE, and proper care/disposal of PPE.
    (ii) These records must be maintained for a period of five years
from the date the record is generated.
    (iii) These records must be made available to EPA upon request.
    (8) Exclusions.
    (i) Import of PIP (3:1) and PIP (3:1)-containing products and
articles are not subject to the provision of paragraph (f) of this
section.
    (ii) Processing of certain PIP (3:1)-containing products and
articles: PIP (3:1)-containing adhesives and sealants, new and
replacement parts to which PIP (3:1) has been added for such motor and
aerospace vehicles, and the motor and aerospace vehicles that contain
new and replacement parts to which PIP (3:1) has been added, PIP (3:1)-
containing specialized engine filters for locomotive and marine
applications, and the products or articles described in paragraph
(b)(1)(vi) and (vii) of this section are not subject to the provisions
of paragraph (f) of this section.
    (iii) Processing of PIP (3:1) and PIP (3:1)-containing products for
use as an intermediate to produce cyanoacrylate adhesives when PIP
(3:1) and PIP (3:1)-containing products are contained in a closed
system as described in paragraph (f)(6) of this section are not subject
to the provision of paragraph (f)(3) and (4) of this section.
* * * * *
[FR Doc. 2023-25714 Filed 11-22-23; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 37 (Friday, February 24, 2023)]
[Notices]
[Pages 11913-11914]
[FR Doc No: 2023-03821]

-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OA-2019-0370; FRL-10745-01-OMS]

Agency Information Collection Activities; Submission to the
Office of Management and Budget for Review and Approval; Comment
Request; Environmental Impact Assessment of Nongovernmental Activities
in Antarctica (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency has submitted an
information collection request (ICR), ``Environmental Impact Assessment
of Nongovernmental Activities in Antarctica (Renewal)'' (EPA ICR No.
1808.10, OMB Control No. 2020-0007) to the Office of Management and
Budget (OMB) for review and approval in accordance with the Paperwork
Reduction Act. This is a proposed extension of the ICR, which is
currently approved through April 30, 2023. Public comments were
previously requested via the Federal Register on August 30, 2022,
during a 60-day comment period. This notice allows for an additional 30
days for public comments. A fuller description of the ICR is given
below, including its estimated burden and cost to the public. 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.

DATES: Additional comments may be submitted on or before March 27,
2023.

ADDRESSES: Submit your comments to EPA, referencing Docket ID Number
EPA-HQ-OA-2019-0370, online using www.regulations.gov (our preferred
method), by email to [email protected], or by mail to: EPA
Docket Center, Environmental Protection Agency, Mail Code 28221T, 1200
Pennsylvania Ave. NW, Washington, DC 20460. EPA's policy is that all
comments received will be included in the public docket without change
including any personal information provided, unless the comment
includes profanity, threats, information claimed to be Confidential
Business Information (CBI), or other information whose disclosure is
restricted by statute.
    Submit written comments and recommendations to OMB for the proposed
information collection within 30 days of publication of this notice to
www.reginfo.gov/public/do/PRAMain. Find this particular information
collection by selecting ``Currently under 30-day Review--Open for
Public Comments'' or by using the search function.

FOR FURTHER INFORMATION CONTACT: Julie Roemele, NEPA Compliance
Division, Office of Federal Activities, Mail Code 2203A, Environmental
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460;
telephone number:<PHONE_NUMBER>; email address: [email protected].

SUPPLEMENTARY INFORMATION: Supporting documents which explain in detail
the information that the EPA will be collecting are available in the
public docket for this ICR. The docket can be viewed online at
www.regulations.gov or in person at the EPA Docket Center, WJC West,
Room 3334, 1301 Constitution Ave. NW, Washington, DC. The telephone
number for the Docket Center is<PHONE_NUMBER>. For additional
information about EPA's public docket, visit http://www.epa.gov/dockets.
    Abstract: The EPA's regulations at 40 CFR part 8, Environmental
Impact Assessment of Nongovernmental Activities in Antarctica (Rule),
were promulgated pursuant to the Antarctic Science, Tourism, and
Conservation Act of 1996 (Act), 16 U.S.C. 2401 et seq., as amended, 16
U.S.C. 2403a, which implements the Protocol on Environmental Protection
(Protocol) to the Antarctic Treaty of 1959 (Treaty). The Rule provides
for assessment of the environmental impacts of nongovernmental
activities in Antarctica, including tourism, for which the United
States is required to give advance notice under Paragraph 5 of Article
VII of the Treaty, and for coordination of the review of information
regarding environmental impact assessments received from other Parties
under the Protocol. The requirements of the Rule apply to operators of
nongovernmental expeditions organized or proceeding from the territory
of the United States to Antarctica and include commercial and non-
commercial expeditions.

Expeditions may include ship-based tours; yacht, skiing or
mountaineering expeditions; privately funded research expeditions; and
other nongovernmental activities. The rule provides nongovernmental
operators with the specific requirements they need to meet to comply
with the requirements of Article 8 and Annex I to the Protocol. The
provisions of the Rule are intended to ensure that potential
environmental effects of nongovernmental activities undertaken in
Antarctica are appropriately identified and considered by the operator
during the planning process and that to the extent practicable
appropriate environmental safeguards which would mitigate or prevent
adverse impacts on the Antarctic environment are identified by the
operator.
    Environmental Documentation. Persons subject to the Rule must
prepare environmental documentation to support the operator's
determination regarding the level of environmental impact of the
proposed expedition. Environmental documentation includes a Preliminary
Environmental Review Memorandum (PERM), an Initial Environmental
Evaluation (IEE), or a Comprehensive Environmental Evaluation (CEE).
The environmental document is submitted to the Office of Federal
Activities (OFA). If the operator determines that an expedition may
have: (1) less than a minor or transitory impact, a PERM needs to be
submitted no later than 180 days before the proposed departure to
Antarctica; (2) no more than minor or transitory impacts, an IEE needs
to be submitted no later than 90 days before the proposed departure; or
(3) more than minor or transitory impacts, a CEE needs to be submitted.
Operators who anticipate such activities are encouraged to consult with
EPA as soon as possible regarding the date for submittal of the CEE.
(Article 3(4), of Annex I of the Protocol requires that draft CEEs be
distributed to all Parties and the Committee for Environmental
Protection 120 days in advance of the next Antarctic Treaty
Consultative Meeting at which the CEE may be addressed.)
    The Protocol and the Rule also require an operator to employ
procedures to assess and provide a regular and verifiable record of the
actual impacts of an activity which proceeds based on an IEE or CEE.
The record developed through these measures needs to be designed to:
(a) enable assessments to be made of the extent to which environmental
impacts of nongovernmental expeditions are consistent with the
Protocol; and (b) provide information useful for minimizing and
mitigating those impacts and, where appropriate, on the need for
suspension, cancellation, or modification of the activity. Moreover, an
operator needs to monitor key environmental indicators for an activity
proceeding based on a CEE. An operator may also need to carry out
monitoring to assess and verify the impact of an activity for which an
IEE would be prepared. For activities that require an IEE, an operator
should be able to use procedures currently being voluntarily utilized
by operators to provide the required information. Should an activity
require a CEE, the operator should consult with the EPA to: (a)
identify the monitoring regime appropriate to that activity, and (b)
determine whether and how the operator might utilize relevant
monitoring data collected by the U.S. Antarctic Program. OFA would
consult with the National Science Foundation (NSF) and other interested
Federal agencies regarding the monitoring regime.
    Environmental documents (e.g., PERM, IEE, CEE) are submitted to
OFA. Environmental documents are reviewed by OFA, in consultation with
the NSF and other interested Federal agencies and made available to
other Parties and the public as required under the Protocol or
otherwise requested. OFA notifies the public of document availability
at: https://www.epa.gov/international-cooperation/receipt-environmental-impact-assessments-eias-regarding-nongovernmental.
    The types of nongovernmental activities currently being carried out
(e.g., ship-based tours, land-based tours, flights, and privately
funded research expeditions) are typically unlikely to have impacts
that are more than minor or transitory, thus an IEE is the typical
level of environmental documentation submitted. For the 1997-1998
through 2021-2022 austral summer seasons during the time the Rule has
been in effect, all respondents submitted IEEs except for three PERMs.
Paperwork reduction provisions in the Rule that are used by the
operators include: (a) incorporation of material in the environmental
document by referring to it in the IEE, (b) inclusion of all proposed
expeditions by one operator within one IEE; (c) use of one IEE to
address expeditions being carried out by more than one operator; and
(d) use of multi-year environmental documentation to address proposed
expeditions for a period of up to five consecutive austral summer
seasons.
    Form Numbers: None.
    Respondents/affected entities: Entities potentially affected by
this action are all private sector respondents with activities in
Antarctica, including tour operators, for which the United States is
required to give advance notice under paragraph 5 of Article VII of the
Antarctic Treaty of 1959; this includes all nongovernmental expeditions
to and within Antarctica organized in or proceeding from the territory
of the United States.
    Respondent's obligation to respond: Mandatory (40 CFR part 8).
    Estimated number of respondents: 516 (total).
    Frequency of response: Annual.
    Total estimated burden: 2,988 hours (per year). Burden is defined
at 5 CFR 1320.03(b).
    Total estimated cost: $283,860 (per year), includes $0 annualized
capital or operation & maintenance costs.
    Changes in the estimates: There is an increase of 1,444 hours in
the total estimated respondent burden compared with the ICR currently
approved by OMB. This increased adjustment is the result of an
anticipated increase in the number of respondent universe, the result
of the inclusion of more complex information regarding safety and
environmental issues, more diverse tourist activities and outcomes from
current Antarctic Treaty Consultative meetings, and the accounting of a
potential PERM, CEE and Emergency Report submitted by any of the 29
anticipated operators (every three years).

Courtney Kerwin,
Director, Regulatory Support Division.
[FR Doc. 2023-03821 Filed 2-23-23; 8:45 am]
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[Federal Register: May 16, 2008 (Volume 73, Number 96)]
[Notices]
[Page 28451-28452]
[DOCID:fr16my08-61]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP08-188-000]

Northern Natural Gas Company; Notice of Request Under Blanket
Authorization

May 8, 2008.
    Take notice that on April 25, 2008, Northern Natural Gas Company
(Northern), 1111 South 103rd Street, Omaha, Nebraska 68124, filed in
Docket No. CP08-188-000, a prior notice request pursuant to sections
157.205 and 157.211 of the Federal Energy Regulatory Commission's
regulations under the Natural Gas Act for authorization to install and
operate a new meter station, located in Pine County, Minnesota, all as
more fully set forth in the application, which is on file with the
Commission and open to public inspection. The filing may also be viewed
on the Web at http://www.ferc.gov using the ``eLibrary'' link. Enter
the docket number excluding the last three digits in the docket number
field to access the document. For assistance, contact FERC at
<EMAIL_ADDRESS>or call toll-free,<PHONE_NUMBER> or TTY,
(202) 502-8659.
    Specifically, Northern proposes to install and operate a new meter
station to accommodate natural gas deliveries to the Corporate
Commission of the Mille Lacs Band of Ojibwe Indians d/b/a Grand Casino
Hinckley under a throughput service agreement. Northern proposes to
install a skid-mounted station, which will include buildings, a heater,
regulators, a meter, and associated piping, fittings, and valves.
Northern estimates the cost of construction to be $276,558. Northern
states that the new meter station will have the capability of
delivering up to 980 MMcf per day.
    Any questions regarding the application should be directed to
Michael T. Loeffler, Senior Director, Certificates and External
Affairs, or Donna Martens, Senior Regulatory Analyst, Northern Natural
Gas Company, 1111 South 103rd Street, Omaha, Nebraska 68124, at (402)
398-7103 or at<PHONE_NUMBER>, respectively.
    Any person or the Commission's Staff may, within 60 days after the
issuance of the instant notice by the Commission, file pursuant to Rule
214 of the Commission's Procedural Rules (18 CFR 385.214) a motion to
intervene or notice of intervention and, pursuant to section 157.205 of
the Commission's Regulations under the Natural Gas Act

(NGA) (18 CFR 157.205) a protest to the request. If no protest is filed
within the time allowed therefore, the proposed activity shall be
deemed to be authorized effective the day after the time allowed for
protest. If a protest is filed and not withdrawn within 30 days after
the time allowed for filing a protest, the instant request shall be
treated as an application for authorization pursuant to Section 7 of
the NGA.
    The Commission strongly encourages electronic filings of comments,
protests, and interventions via the internet in lieu of paper. See 18
CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web
site (http://www.ferc.gov) under the ``e-Filing'' link.

Kimberly D. Bose,
Secretary.
[FR Doc. E8-10960 Filed 5-15-08; 8:45 am]

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