N-(1,3-Dimethylbutyl)-N′-phenyl-p-phenylenediamine (6PPD) and its Transformation Product, 6PPD-quinone; Regulatory Investigation Under the Toxic Substances Control Act (TSCA), 91299-91312 [2024-26894]

Download as PDF ddrumheller on DSK120RN23PROD with PROPOSALS1 Federal Register / Vol. 89, No. 223 / Tuesday, November 19, 2024 / Proposed Rules 6. Would the recommended Gulf of Maine Fairway have any positive or negative environmental impacts? 7. Would the recommended Gulf of Maine Fairway have any positive or negative tribal impacts? safety, marine or other environmental resources, and access to ports. 2. Does the recommended Portland Eastern Approach Fairway provide a safe and efficient route for vessels transiting to and from the Eastern Approach TSS? Why or why not? If not, what would you recommend instead? 3. Would the recommended Portland Eastern Approach Fairway have any positive or negative environmental impacts? 4. Would the recommended Portland Eastern Approach Fairway have any positive or negative tribal impacts? Linda L. Fagan, Admiral, U.S. Coast Guard, Commandant. C. Gulf of Maine Fairway 40 CFR Part 751 The Coast Guard is proposing a Gulf of Maine Fairway to meet the needs of vessel traffic primarily proceeding between Boston, Massachusetts, and the Bay of Fundy. The Coast Guard may consider design alternatives to the recommended Gulf of Maine Fairway to ensure safe transit for vessels, while providing ocean space for wind energy leasing. 1. Are there any positive or negative economic impacts from the recommended Gulf of Maine Fairway? 2. Is the recommended Gulf of Maine Fairway necessary to provide safe and efficient routes for vessels transiting to and from domestic and international ports? Why or why not? If not, what would you recommend instead? 3. What are the positive or negative vessel transit impacts to altering the recommended fairway’s design, location, and characteristics, such as narrower width and change in cardinal direction? Please explain your answer, including specific comments on how any changes to this recommended fairway would affect maritime traffic patterns, navigational safety, marine or other environmental resources, and access to ports. 4. What other offshore uses may be positively or negatively impacted by alteration to this recommended fairway design, location, and characteristics, such as narrower width and change in cardinal direction? Please include specific locations, potential impact, and associated costs or benefits. Please also describe the safety significance of alterations to this recommended fairway on other offshore use activity. 5. If this fairway is established as recommended, what persons, entities, or organizations would be positively or negatively impacted? In other words, which groups of people, businesses, or industries (maritime and non-maritime) would be positively or negatively impacted by this recommended fairway? [EPA–HQ–OPPT–2024–0403; FRL–11628– 01–OCSPP] VerDate Sep<11>2014 15:59 Nov 18, 2024 Jkt 265001 [FR Doc. 2024–26830 Filed 11–18–24; 8:45 am] BILLING CODE 9110–04–P ENVIRONMENTAL PROTECTION AGENCY RIN 2070–AL16 N-(1,3-Dimethylbutyl)-N′-phenyl-pphenylenediamine (6PPD) and its Transformation Product, 6PPDquinone; Regulatory Investigation Under the Toxic Substances Control Act (TSCA) Environmental Protection Agency (EPA). ACTION: Advance notice of proposed rulemaking (ANPRM). AGENCY: In granting a petition filed under the Toxic Substances Control Act (TSCA) by Earthjustice on behalf of the Yurok Tribe, the Port Gamble S’Klallam Tribe, and the Puyallup Tribe of Indians, the Environmental Protection Agency (EPA or Agency) committed to pursuing an action to solicit and collect information from the public on the potential risks associated with N-(1,3Dimethylbutyl)-N′-phenyl-pphenylenediamine (6PPD) (CASRN 793– 24–8, DTXSID 9025114) and its transformation product, 6PPD-quinone (CASRN 2754428–18–5, DTXSID 301034849). With this document, EPA is soliciting that information, along with information about potential alternatives and regulatory options to help inform the Agency’s consideration of potential future regulatory actions under TSCA. DATES: Comments must be received on or before January 21, 2025. ADDRESSES: Submit your comments, identified by docket identification (ID) number EPA–HQ–OPPT–2024–0403, through https://www.regulations.gov. Follow the online instructions for submitting comments. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Additional instructions on commenting and visiting the docket, along with more SUMMARY: PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 91299 information about dockets generally, is available at https://www.epa.gov/ dockets. FOR FURTHER INFORMATION CONTACT: For technical information: Wyn Zenni, Existing Chemicals Risk Management Division (7404M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460–0001; telephone number: (202) 565–6294; email address: zenni.wyn@ epa.gov. For general information on TSCA: 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 (including recycling), distribute in commerce, dispose of, or use 6PPD and/or 6PPDquinone. The following list of North American Industry 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: • 325130 Synthetic Dye and Pigment Manufacturing; • 325199 All Other Basic Organic Chemical Manufacturing ; • 325212 Synthetic Rubber Manufacturing; • 325998 All Other Miscellaneous Chemical Product and Preparation Manufacturing; • 326211 Tire Manufacturing (Except Retreading); • 326291 Rubber Product Manufacturing for Mechanical Use; • 336999 All Other Transportation Equipment Manufacturing; and • 424690 Other Chemical and Allied Products Merchant Wholesalers. If you have any questions regarding the applicability of this action to you, please consult the technical information contact listed under FOR FURTHER INFORMATION CONTACT. B. What is the Agency’s authority for taking this action? This action is being taken under the Toxic Substances Control Act (TSCA), 15 U.S.C. 2601 et seq. TSCA section 21 allows any person to petition EPA to initiate a rulemaking proceeding for the issuance, amendment, or repeal of a rule under E:\FR\FM\19NOP1.SGM 19NOP1 91300 Federal Register / Vol. 89, No. 223 / Tuesday, November 19, 2024 / Proposed Rules TSCA sections 4, 6, or 8 or an order under TSCA sections 4, 5(e) or (f). If EPA grants the petition, the Agency must promptly commence an appropriate proceeding. Under TSCA section 6(a), if EPA determines that the manufacture, processing, distribution in commerce, use, or disposal of a chemical substance presents an unreasonable risk to human health or the environment, it must ‘‘apply one or more of the [TSCA section 6(a)] requirements . . . to the extent necessary so that the chemical substance . . . no longer presents such risk,’’ which may range from prohibiting or otherwise restricting the manufacturing, processing, or distribution in commerce of the chemical substance (or a particular use), to commercial use requirements or disposal restrictions, to labeling and recordkeeping. ddrumheller on DSK120RN23PROD with PROPOSALS1 C. What action is the Agency taking? EPA is seeking public comment on all of the information included in and referenced by this ANPRM. EPA also seeks any additional information relevant to 6PPD, 6PPD-quinone, and potential 6PPD substitutes that could help inform potential future rulemakings. Topics in this ANPRM include but are not limited to: Information on the chemicals’ environmental effects on aquatic and terrestrial ecosystems, potential human health effects, environmental fate and transport, exposure pathways, persistence and bioaccumulation, additional uses of 6PPD, and releases from consumer products (e.g., sneakers, playgrounds, rubber-modified asphalt, reused tire or other rubber products, etc). EPA is also seeking comment and information related to alternatives to 6PPD, as well as potential chemical transformation products associated with potential alternatives. When submitting information, the Agency is interested in receiving quantitative information, data and/or case examples, including peer-reviewed studies, statistical analyses, and industry, scientific, or technical reports describing datasets or syntheses of environmental or human health impacts of 6PPD, 6PPD-quinone, or potential alternatives for 6PPD. D. What are the incremental costs and benefits of this action? This action does not propose or impose any requirements, and instead seeks comments and suggestions that will help inform the Agency’s consideration of potential future actions for 6PPD and/or 6PPD-quinone. As such, there are no incremental costs or VerDate Sep<11>2014 15:59 Nov 18, 2024 Jkt 265001 benefits associated with this ANPRM. Should the Agency pursue a rulemaking in the future, EPA will conduct the appropriate assessments of the potential costs and benefits associated with the proposed action. E. What should I consider as I prepare my comments for EPA? 1. Submitting CBI Do not submit CBI to EPA through https://www.regulations.gov or email. If you wish to include CBI in your comment, please follow the applicable instructions at https://www.epa.gov/ dockets/commenting-epa-dockets#rules and clearly mark the information that you claim to be CBI. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR parts 2 and 703. 2. Tips for Preparing Your Comments When preparing and submitting your comments, see the commenting tips at https://www.epa.gov/dockets/ commenting-epa-dockets.html. II. Background A. What was requested in the TSCA section 21 petition for 6PPD? On August 1, 2023, Earthjustice, on behalf of the Yurok Tribe, the Port Gamble S’Klallam Tribe, and the Puyallup Tribe of Indians, filed a TSCA section 21 petition requesting that EPA establish regulations prohibiting the manufacturing, processing, use, and distribution of 6PPD (CASRN 793–24–8, DTXSID 9025114) in and for tires under EPA’s TSCA section 6(a) authority, 15 U.S.C. 2605(a). The petitioners requested that such regulation take effect as soon as practicable to eliminate the unreasonable risk 6PPD in tires presents to the environment (Ref. 1). In the petition, concerns were raised that the chemical 6PPD, which has been used in tires since the 1960s to prevent tire degradation (Ref. 2), poses unreasonable risk to the environment due to the acute toxicity of its transformation product, 6PPD-quinone (CASRN 2754428–18–5, DTXSID 301034849), to coho salmon (Oncorhynchus kisutch) and other fish species. The petition described that the presence of 6PPD-quinone in stormwater runoff and urban watersheds are at levels that can kill coho salmon (O. kisutch), steelhead trout (Oncorhynchus mykiss), and other aquatic organisms. The petition also referenced the presence of 6PPDquinone in sediments and soils, road and household dust, and the urine of pregnant women, with emerging science pointing to potential risks to human PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 health and to a larger extent, toxicity in mammals (Ref. 1). On November 2, 2023, EPA granted the petition, stating that the petition, along with information reasonably available to EPA, set forth facts establishing that it was appropriate to initiate a TSCA section 6(a) proceeding to address risks to the environment from 6PPD and its transformation product, 6PPD-quinone (Ref. 3 [3]). Specifically, EPA committed to: (a) Issuing an ANPRM for 6PPD and 6PPD-quinone under TSCA section 6(a) by fall 2024; and (b) Finalizing a TSCA section 8(d) rulemaking by the end of 2024 that would require persons who manufacture (including import) 6PPD to submit lists or copies of unpublished health and safety studies to EPA. With this action, the Agency has promptly commenced an appropriate proceeding. The expected information resulting from this action will inform the Agency’s consideration of future potential action though, as noted in the petition response, EPA cannot commit to a specific timeframe or outcome (Ref. 3). B. What is 6PPD? 1. Physical and Chemical Use Properties 6PPD is the organic compound N-(1,3dimethylbutyl)-N′-phenyl-pphenylenediamine (CASRN 793–24–8, DTXSID 9025114), which is added to tires and other rubber products to prevent degradation. As a solid, 6PPD is dark brown with violet flakes and is generally sold as pellets, pastilles, or in liquid form (Refs. 4 and 5). 6PPD can diffuse easily to the surface of a rubber product and quickly react with ozone (O3) to protect the rubber polymers from oxidation (Ref. 5). This chain of events occurs quickly enough to effectively protect the rubber but slowly enough to last for the lifetime of the product, which has made 6PPD a useful antidegradant for use in rubber products (Ref. 6). 2. 6PPD’s Use in Tires 6PPD has been used globally since the 1960s as an antidegradant and antiozonant to prevent automobile tire degradation caused by exposure to ozone, oxygen, and temperature fluctuations (Refs. 2 and 7). By continuously migrating to the surface of the tire to fill microcracks and react with oxygen and ambient ozone in the environment, 6PPD protects the tire’s rubber polymers from becoming brittle and cracked over time (Ref. 4). In doing so, 6PPD increases tire longevity, safety, and performance due to its ability to protect tires from premature degradation (Ref. 4). E:\FR\FM\19NOP1.SGM 19NOP1 Federal Register / Vol. 89, No. 223 / Tuesday, November 19, 2024 / Proposed Rules Products that use recycled tire crumbs or pieces such as rubber-modified asphalt, playgrounds (rubber mulch), artificial turf, and sneakers may also contain 6PPD (Refs. 8 and 9). ddrumheller on DSK120RN23PROD with PROPOSALS1 3. 6PPD’s Use in Other Products 6PPD is also used as an additive in other rubber goods (e.g., conveyor and transmission belts, hoses, and gaskets), other automotive parts (e.g., engine mounts, grommets, bushings, and seals), polymers, lubricants, dyes, and other house-hold or recycled rubber products (Refs. 4, 10, and 11). Little information on the release of 6PPD and/or 6PPDquinone from these non-tire products currently exists. 4. Environmental Fate and Transport of 6PPD Although more information is needed on the environmental fate and transport of 6PPD, one source of 6PPD in the environment occurs through the release of tire wear particles (TWP) from tires containing 6PPD (Refs. 12, 13, 14, and 15). Though limited data suggest 6PPD has a short half-life (hours to several days) in aqueous solutions (Ref. 16), TWP are continuously being emitted into the environment, especially as cars brake, accelerate, or turn (Refs. 17, 18, and 19). It is believed that TWP reach soils and aquatic media close to roadways, with a small fraction emitted into the atmosphere or sorbed to sediments (Refs. 4 and 19). During rainfall events, TWP can be mobilized from roads and road dust into nearby waterbodies (Ref. 20). For example, one study in Denmark investigating the annual TWP generated in a local road network and released into the aquatic environment found that 8–40 percent of the TWP from the roads reached surface waters after storm events depending on the stormwater treatment system (Ref. 21). Once TWP containing 6PPD enter the environment, it is hypothesized that the environmental transformation of 6PPD primarily occurs through hydrolysis (water breaking down chemical bonds) or by reaction with oxygen and ozone and photodegradation from exposure to sunlight and air (Ref. 4). The more frequent detection of 6PPD in extractions from TWP but not road runoff suggests that these reactions occur on the surface of the tire or road and/or that 6PPD rapidly transforms once released from the tire (Ref. 4). However, fully understanding these processes since 6PPD is such a reactive compound remains an information gap. Abiotic degradation of 6PPD occurs in water and the atmosphere. In water, 6PPD is highly reactive and can be VerDate Sep<11>2014 15:59 Nov 18, 2024 Jkt 265001 affected by the water’s pH, temperature, available sunlight, and other constituents in water such as metals (Ref. 4). Reported half-lives in water have ranged between 3.4 hours to less than a day, with warmer waters containing more heavy metals leading to a shorter half-life of 6PPD (Refs. 4 and 16). In the atmosphere, 6PPD can degrade quickly via indirect photodegradation, with a half-life in air between 1–2 hours, further limiting the gas phase dispersal of the unreacted chemical (Ref. 22). Direct entry into the environment in the gas phase is likely limited given the low vapor pressure of 6PPD (Ref. 22). As for 6PPD’s degradation in sediments, very little is known. Initial indications suggest that 6PPD is likely to adsorb to organic matter such as soil, sediments, and suspended particulate matter once released into the environment. This suggests that it may persist in aquatic and terrestrial sediments unless it undergoes photodegradation and hydrolysis through resuspension (Ref. 4). There are no available data on how 6PPD adheres to and binds to soil under different environmental conditions, but leaching of 6PPD through soil to groundwater is anticipated to be unlikely (Ref. 4). EPA’s Estimation Program Interface (EPI) Suite estimates 6PPD’s half-life to be 75 days in soil with photodegradation likely being the main process in which it is lost in surface soils (Refs. 4 and 23). 5. 6PPD’s Transformation Products Both in tires and in TWP, 6PPD reacts at the rubber’s surface with ambient ozone (O3) and possibly secondary O3related oxidants (e.g., OH-). 6PPD has less reactivity with molecular oxygen (O2) and other ambient air constituents (Refs. 18 and 22). 6PPD’s high reactivity with ozone triggers chemical reactions, resulting in the formation of transformation products (TPs) as the chemical undergoes structural changes and/or the formation of degradants as the chemical breaks down into smaller molecules (Refs. 18 and 24). The resulting transformation products can be more or less mobile and more or less toxic in the environment than their parent compound, with 6PPD-quinone generally being more toxic to fish, more stable, and more mobile than 6PPD according to available data (Refs. 18, 25, and 24). Studies have identified 25–38 ozonation transformation products for 6PPD that form depending on the environmental conditions, but more research on the hazard traits and behaviors of these transformation products is needed as data are still insufficient (Refs. 18 and 26). One PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 91301 recent study identified four of 6PPD’s most abundant transformation products, including 6PPD-quinone, as the most environmentally relevant because they were observed in roadway runoff, indicating that they may be ubiquitous contaminants in roadway-impacted environments and need further investigation (Ref. 26). C. What is 6PPD-quinone? 1. Physical and Chemical Properties One of 6PPD’s transformation products is 6PPD-quinone, or 2-anilino5-(4-methylpentan-2-ylamino) cyclohexa-2,5-diene-1,4-dione (CASRN 2754428–18–5, DTXSID 301034849). Due to 6PPD’s highly reactive nature, it is thought that 6PPD is continually reacting with ozone at the surface of tires to form 6PPD-quinone (Refs. 6 and 27). As 6PPD-quinone forms on the surface of the tire, it adds to the protective film that 6PPD naturally creates, providing further protection from cracking of the tire rubber (Refs. 6, 27, and 28). However, this also means that 6PPD-quinone and 6PPD are likely present in most TWP that are common in the environment (Refs. 12, 29, and 30). 2. Environmental Fate and Transport There are currently little data available to describe the environmental fate and transport of 6PPD-quinone, but data from several monitoring studies suggest that it persists longer in the environment than 6PPD (Ref. 31). One study found that 6PPD-quinone had a half-life of 33 hours in dechlorinated tap water compared to 5 hours for 6PPD (Ref. 16). The longer persistence of 6PPD-quinone in water indicates more potential exposure time to induce toxic effects in aquatic life (Ref. 16). Another study found that leachate from TWP remained toxic after exposure to extreme heat (80 °C) for 72 hours, suggesting that 6PPD-quinone is stable under extreme heat conditions (Ref. 32). It is also likely that the polar carbonyl groups (added oxygen atoms from oxidation) may make 6PPD-quinone more mobile in the environment than 6PPD (Ref. 33). D. What are the ecological effects caused by 6PPD and 6PPD-quinone? 1. Aquatic Ecosystem Effects The number of studies on 6PPD and/ or 6PPD-quinone’s impacts on aquatic ecosystems has increased since 6PPDquinone from TWPs was identified in 2020 as the likely causative agent for urban runoff mortality syndrome (URMS) (Ref. 32). URMS has been occurring in the Pacific Northwest at E:\FR\FM\19NOP1.SGM 19NOP1 ddrumheller on DSK120RN23PROD with PROPOSALS1 91302 Federal Register / Vol. 89, No. 223 / Tuesday, November 19, 2024 / Proposed Rules least since it was first reported between 1999–2001, and refers to the death of adult fish (particularly coho salmon) that return to urban waterways to spawn (Refs. 32 and 34). However, much is still unknown about the chemicals’ effects on aquatic life generally. As of December 2023, there were 16 available studies on the hazard effects of 6PPD on aquatic species and 26 available studies on the hazard effects of 6PPD-quinone that were identified by and included in the EPA’s ECOTOX Knowledgebase (Ref. 35). Those studies along with additional online publications (as of July 2024) have primarily evaluated 6PPD-quinone’s acute mortality impacts on aquatic species (i.e., lethal concentration (LC) values) due to its higher reported toxicity, with the majority focusing on fish species, compared to aquatic invertebrates and plant species. For the hazard effects of 6PPD on aquatic species, there are acute toxicity data for nine freshwater species as of December 2023. The following acute toxicity data includes both the authorreported mortality values (LC50) and the EPA-adjusted values (if needed) to account for observed chemical loss in studies that only measured exposure concentrations at the beginning of the study or not at all (Ref. 36). Of the nine studied species, Medaka (Oryzias latipes) (author-reported LC50 of 28 mg/ L after 96 hours of exposure), rare minnows (Gobiocypris rarus) (authorreported LC50 of 162 mg/L after 96 hours of exposure; EPA-adjusted LC50 of 94.94 mg/L), coho salmon (Oncorhynchus kisutch) (author-reported juvenile LC50 of 251 mg/L after 24 hours of exposure; EPA-adjusted LC50 of 143.7 mg/L), and amphipods (Hyalella azteca) (authorreported juvenile LC50 of 250 mg/L after 96 hours of exposure; EPA-adjusted LC50 of 159.7 mg/L) were the most sensitive aquatic species to acute 6PPD exposure (Refs. 16, 37, 38, 39, and 40). As for 6PPD’s chronic effects on aquatic species, data are available for only two aquatic species: Medaka (Oryzias) (author-reported lowest observed effect concentration (LOEC) of 11 mg/L after an early-life stage test of unknown duration) and fathead minnows (Pimephales) (author-reported LC50 of 150 mg/L after 28 days of exposure) (Refs. 37 and 41). Although additional research on the chronic effects of 6PPD will be important, acute toxicity is expected to be a more important driver for aquatic risk compared to chronic toxicity given the quick degradation of 6PPD. In addition, studies on 6PPD’s effects on estuarine and marine species, VerDate Sep<11>2014 15:59 Nov 18, 2024 Jkt 265001 as well as algae and vascular plants, are extremely limited. For the hazard effects of 6PPDquinone on aquatic species, coho salmon (O. kisutch) are the most sensitive species to acute 6PPD-quinone exposure identified to date, with an author-reported lethal concentration (LC50; the concentration that is lethal to 50 percent of tested organisms) value of 0.041 mg/L for juveniles in less than 24 hours (EPA-adjusted LC50 of 0.036 mg/L) (Refs. 42 and 43) and up to 0.095 mg/L for adults after 24 hours (EPA-adjusted LC50 of 0.092 mg/L) (Refs. 43 and 44), indicating potential age-related differences in sensitivity. Other identified fish species that are acutely sensitive to 6PPD-quinone include: lake trout (Salvelinus namaycush) (LC50 of 0.5 mg/L after 24 hours of exposure; EPA-adjusted LC50 of 0.5186 mg/L) (Ref. 45), white-spotted char (Salvelinus leucomaenis pluvius) (<1 year juvenile LC50 of 0.80 mg/L after 24 hours; EPAadjusted LC50 of 0.5709 mg/L) (Refs. 43 and 46), brook trout (Salvelinus fontinalis) (∼1 year juvenile LC50 of 0.59 mg/L after 24 hours) (Ref. 47), rainbow trout (Oncorhynchus mykiss) (∼2 month juvenile LC50 of 0.64 mg/L; EPA-adjusted LC50 of 0.2961 mg/L) (∼2 year juvenile LC50 of 1.00 mg/L after 96 hours) (Refs. 38, 43, and 47), and chinook salmon (Oncorhynchus tshawytscha) (582-day old LC50 of 82.1 mg/L after 24 hours; EPA-adjusted LC50 of 65.68 mg/L) (Refs. 43 and 48). These LC50 values for both chemicals were also used to support EPA’s published screening values for acute 6PPD and 6PPD-quinone exposure for freshwater fish species (published June 2024) which are 8.9 and 0.011 mg/L, respectively (Refs. 36 and 43). EPA’s acute screening values (published under Clean Water Act Section 304(a)(2)) are the maximum concentrations of 6PPD and 6PPD-quinone (not in mixtures) with associated frequency and duration specifications that are expected to support protection of aquatic life from acute effects in freshwaters based on currently available scientific data (Refs. 36 and 43). For comparison, one study that measured the concentration of 6PPD-quinone in roadway runoff, stormwater-affected creeks, and watersheds throughout the U.S. west coast found a widespread occurrence of 6PPD-quinone at concentrations ranging from 0.3–19 mg/L following storm events, which exceeds EPA’s published acute screening value for 6PPD-quinone (Refs. 32 and 43). Overall, although there is available information on the acute LC50 values and impacts on multiple fish species, more studies identifying the concentrations of 6PPD PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 and 6PPD-quinone measured in U.S. waterbodies, the sublethal and chronic effects of 6PPD and 6PPD-quinone exposure, and additional toxicity data on other aquatic species are important. Studies have also identified that certain fish species appear to be significantly more sensitive to 6PPDquinone exposure than other species. For example, studies show that coho, steelhead, and chinook salmon are sensitive to 6PPD-quinone exposure; however, sockeye and chum salmon lacked a similar response and were not significantly affected by 6PPD-quinone (Refs. 12 and 49). The modes of action driving the large variation in the toxicity of 6PPD-quinone across species remains unknown, but one study suggests that a tissue-specific disruption of mitochondrial respiration is involved. Increased ventilation and gasping of sensitive species (coho salmon, brook trout, rainbow trout) was observed after exposure, suggesting that 6PPD-quinone exposure (5–80 mg/L) impacts cellular respiration and the oxygen consumption rate (Ref. 50). Another study found that the large increases in hematocrit commonly associated with coho salmon mortality after being exposed to roadway runoff could be due to a disruption in the blood-brain barrier since plasma leakage from the cerebrovasculature was observed (Ref. 51). This early research indicates that neurologic, metabolic, and mitochondrial disruption may be involved (Refs. 50, 51, and 52), but more research and tests are needed to confirm the specific modes of action for 6PPDquinone and why it is acutely toxic to certain species. The mode of action driving 6PPD’s toxicity may be different from 6PPD-quinone’s, as 6PPD is toxic to many tested aquatic organisms but never reaches the high toxicity exerted by 6PPD-quinone to selected species. Further, although EPA’s published acute screening values for 6PPD and 6PPD-quinone in freshwater provided critical concentrations for protecting aquatic life from the two chemicals, the reports suggest that additional research will be important to fully characterize the toxicity of 6PPD-quinone and other key transformation products and degradants of 6PPD to aquatic life (Refs. 36 and 43). For example, the reports indicated that additional research that includes analytical confirmation of 6PPD-quinone is needed, as some of the available studies lacked analytical measurements of 6PPD-quinone at the end of the tests, which is important given the uncertainty of 6PPD-quinone’s fate in lab water. In addition, the screening value reports noted that most of the available aquatic species’ tests on E:\FR\FM\19NOP1.SGM 19NOP1 Federal Register / Vol. 89, No. 223 / Tuesday, November 19, 2024 / Proposed Rules ddrumheller on DSK120RN23PROD with PROPOSALS1 acute toxicity were run for only 24 hours (standard test duration for acute toxicity tests are 96 hours) and occasionally in overcrowded fish tanks (Refs. 36 and 43). For these reasons, additional acute and chronic toxicity studies that include full analytical measurements at appropriate intervals across the study duration that are conducted using standard toxicity test guidelines would be useful. Additionally, the completion of tests on a broader range of aquatic taxa would provide a broader understanding of how these chemicals are impacting fish and other aquatic species (Refs. 36 and 43). 2. Terrestrial Ecosystem Effects There are very limited data publicly available on how 6PPD and/or 6PPDquinone may impact terrestrial ecosystems. As of December 2023, there was one available terrestrial study on the hazard effects of 6PPD on chicken embryos (Gallus gallus) and five available studies on the hazard effects of 6PPD-quinone on nematodes (Caenorhabditis elegans) and springtails (Folsomia candida) that passed EPA’s ECOTOX screening. (Ref. 35). In the one terrestrial study focused on the hazard effects of 6PPD, 3-day old chicken embryos were exposed to 80 different rubber tire chemicals in either acetone or water (Ref. 53). Exposure to 6PPD resulted in deaths and malformations (EC50 of 1.5 umol 11 days post-exposure), but the authors reported an incomplete, irregular or flat dose-response curve for early death and malformations (Ref. 53). Given the incomplete dose-response characterization, more information on avian species and other terrestrial organisms will be important to further characterize the potential hazard effects of 6PPD. Of the five other studies on the hazard effects of 6PPD-quinone on terrestrial organisms, four studies investigated the chronic effects of 6PPD-quinone exposure on nematodes (an invertebrate). One study on nematodes found that prolonged exposure to 6PPDquinone at 1–10 mg/L shortened lifespan by up to 27.4 percent due to insulin signaling pathway dysfunction, decreased the amount of fertilized eggs due to DNA and signaling pathway damage, and decreased pharyngeal pumping and locomotion behavior (Ref. 54). Another study by the same authors found that after exposing nematodes to environmentally relevant concentrations of 6PPD-quinone (0.1–100 mg/L) for 4.5 days (from the larval to adult stage), several forms of abnormal locomotion behavior and neurodegeneration was VerDate Sep<11>2014 15:59 Nov 18, 2024 Jkt 265001 observed, with exposure to 100 mg/L causing 5 percent lethality (Ref. 55). A similar study on nematodes found that 6PPD-quinone exposure negatively affected their digestive systems and lipid metabolism, with evidence of lipid accumulation and fatty acid deposition (Ref. 56) and that plastic nanoparticles in the environment enhanced the neurotoxicity and accumulation of 6PPD-quinone in nematodes (Ref. 57). In springtails, a soil organism, one study found that 6PPD-quinone exposure impaired the survival of the organisms, with a LC50 of 16.31 mg/kg after 28 days of exposure (Ref. 58). The studies meeting inclusion requirements for the EPA’s ECOTOX knowledgebase primarily focus on the impacts of 6PPDquinone on invertebrates such as nematodes and springtails; however, published data in rodents that are commonly used to inform human health hazards and are summarized in Unit II.E.2 may also be informative of the ecological effects on mammalian species (Ref. 35). Overall, the limited studies available indicate that prolonged exposure to environmentally relevant concentrations of 6PPD-quinone induces a multisystem toxic response, including neurotoxicity, reproductive risks, intestinal damage, and dysfunctions in lipid metabolism with bioaccumulation concerns in at least terrestrial invertebrates (Refs. 54, 55, and 57). However, more studies on the effects of 6PPD and/or 6PPD-quinone on terrestrial organisms and ecosystems would provide a more comprehensive understanding of the impacts of these chemicals across the environment. E. What are the potential exposures to and human health effects of 6PPD and 6PPD-quinone? There are limited data on the exposure pathways of 6PPD and 6PPDquinone, however several recent studies in Asia have predicted potential exposure through dust inhalation and ingestion. For example, one study in Hangzhou, China measured 6PPD and 6PPD-quinone levels in indoor dust and estimated the daily intake of 6PPD and 6PPD-quinone for children based on expected ingestion and inhalation rates for indoor dust (Ref. 59). The study found 6PPD and 6PPD-quinone to be the predominant phenylene diamine (PPD) and PPD-q in indoor dust and that children, especially infants, were potentially ingesting 6PPD and 6PPDquinone through indoor dust based on the measured concentrations and daily intake estimations (Ref. 59). A similar study measured 6PPD-quinone levels in outdoor dust near roads, homes, and kindergartens in Guiyu, an e-waste- PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 91303 exposed area, and in Haojiang, a reference area, from 2019–2021 (Ref. 60). The study found that 6PPD-quinone levels were significantly higher in home and kindergarten classroom dust within the e-waste-exposed area compared to the reference area, indicating that dust may be an exposure pathway for humans and that e-waste may be another potential source of 6PPDquinone in the environment (Ref. 60). Using the measured concentrations of 6PPD-quinone in dust, the study also estimated that higher daily intakes of 6PPD-quinone from kindergarten classroom dust could be associated with lower body mass indexes and higher incidences of influenza and diarrhea in kindergarten children, although these data are potentially confounded by other environmental stressors and chemicals that may be found within ewaste-exposed areas (Ref. 60). Another study in Hong Kong that measured the environmental occurrence of 6PPD and 6PPD-quinone in road dust to estimate potential pathways of human exposure found that exposure levels for contaminated road dust were higher for 6PPD-quinone than for 6PPD (Ref. 61). Although these studies were primarily done in Asia and under unique exposure scenarios (i.e., near an e-waste recycling facility), these studies indicate environmental occurrence of 6PPD and 6PPD-quinone in indoor and outdoor dust, suggesting that human exposure to 6PPD and 6PPD-quinone is plausible and may be occurring through dust ingestion, inhalation, and dermal absorption, with potential effects on body mass index (Refs. 7, 59, 60, and 61). A limited number of biomonitoring studies in Asia identified 6PPD-quinone in human samples, some of which also monitored for 6PPD. However, it is important to note that many of these studies had a small sample size. In one study, after 6PPD-quinone levels were recorded in the cerebrospinal fluid (CSF) of 13 patients with Parkinson’s disease (PD) and 11 control participants, researchers found that 6PPD-quinone levels were twice as high in PD patients compared to controls and confirmed through immunostaining assays that 6PPD-quinone at environmentally relevant concentrations exacerbated the formation of Lewy neurites and impaired mitochondrial activity (Ref. 62). Four other studies detecting PPDs and PPD-qs in human urine and blood found that the median concentrations of 6PPD and 6PPD-quinone were significantly higher than other PPD and PPD-qs measured in the study, especially in pregnant women and people with liver disease which may E:\FR\FM\19NOP1.SGM 19NOP1 ddrumheller on DSK120RN23PROD with PROPOSALS1 91304 Federal Register / Vol. 89, No. 223 / Tuesday, November 19, 2024 / Proposed Rules indicate lipid oxidative damage (Refs. 7, 63, 64, and 65). Additional biomonitoring studies with larger sample sizes and in different locations are needed since factors influencing exposures can vary by region and be influenced by other environmental stressors. Although there are limited data available on the potential human health effects of 6PPD and/or 6PPD-quinone, the health effects of 6PPD are better characterized than 6PPD-quinone in the scientific literature (Refs. 4, 25, and 66). 6PPD is a known skin-sensitizer that can lead to contact dermatitis in sensitized individuals and is listed as a category 1B reproductive toxicant by the European Chemicals Agency (Ref. 67). Preliminary toxicity studies in rodents may also inform human health effects. For example, one study found that 6PPD and 6PPD-quinone bioaccumulate in the liver, with higher doses of both chemicals potentially causing an inflammatory response, altered hepatic metabolism, and hepatotoxicity in mice (Ref. 62) while another study identified that repeated exposure over 4 weeks to 6PPD-quinone (4 mg/kg) caused multiple organ injury in male BALB mice (Ref. 68). These early mammalian toxicity studies indicate that repeated exposure to 6PPD and 6PPD-quinone may affect organ function, metabolism, bioaccumulation, and inflammation in humans, but more studies are needed on 6PPD and 6PPDquinone’s impacts on human health. As for bioaccumulation potential, one study found that when lettuce plants were exposed to TWP-derived 6PPD and 6PPD-quinone (among other TWP compounds) in hydroponic solutions over 14 days in a lab, the chemicals were taken up and metabolized by the lettuce with concentrations of 6PPD and 6PPD-quinone found in the plant’s roots, leaves, and nutrient solution (Ref. 69). Other limited studies that reported bioaccumulative potential of 6PPDquinone in aquatic species predicted that although there is potential for uptake, the data suggests that 6PPDquinone does not significantly accumulate in fish tissues and instead metabolizes rapidly in vivo (Refs. 38 and 70). Further, the predicted bioconcentration factors (BCF) for 6PPD and 6PPD-quinone are currently below 1,000, suggesting a low to moderate bioaccumulative potential based on EPA policy, which identifies chemicals with BCFs above 1,000 as bioaccumulative (Refs. 4, 38, 70, and 71). That said, additional data and field studies are needed on the potential for bioaccumulation in plant and animal species as well as on the potential for VerDate Sep<11>2014 15:59 Nov 18, 2024 Jkt 265001 6PPD to metabolize to 6PPD-quinone within humans. Overall, more research on the effects, characteristics, relevant exposure pathways, and dose-response data are needed to identify the potential human health impacts from exposure to 6PPD and 6PPD-quinone. This is of particular importance for pregnant women and children, communities and workers near roadways, people with existing medical conditions, populations that participate in subsistence activities (i.e., fishing, hunting), and communities with environmental justice concerns. F. What are the potential impacts on Tribal Nations? In their petition, the Yurok Tribe, the Port Gamble S’Klallam Tribe, and the Puyallup Tribe of Indians present many potential impacts of 6PPD’s transformation product, 6PPD-quinone, on their resources. They explain that their health, wellbeing, and culture are intimately connected to the health of their waters and ecosystems. The petition states that many Tribes share an important connection with their waterbodies, rendering them culturally significant and protected resources. The petitioners, along with additional Tribes that EPA engaged with related to this action, all emphasized that thriving shellfish and abundant salmonids are essential for their subsistence, cultural, and economic lifeways and has been one of their most important resources since time immemorial (Refs.1, 72, and 73). The petition further explains that ‘‘exposure to 6PPD-q[uinone] can kill a coho salmon within hours, and the chemical is responsible for ‘urban runoff mortality syndrome,’ which kills up to 100% of coho returning to spawn in urban streams’’ (Refs. 1 and 32). Petitioners state that the decline of coho salmon has negatively impacted their access to commercial fishing income, food security, health, and wellbeing and has affected their ability to pass on traditional ceremonial and ecological knowledge to future generations. Decreased fish populations and diminished water quality have also meant a loss of cultural identity and have led to increased reliance on expensive, less-healthy food sources, especially in rural, low-income communities (Refs. 1, 72, and 73). Petitioners also assert that Tribal Treaty Rights, such as the Treaty of Point No Point, ‘‘guarantees the Tribe[s] access to salmon . . . and that any action that reduces the number of salmon available for harvest by Tribal members is a violation of its rights under this treaty.’’ PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 The Tribes also conclude that, ‘‘salmon and steelhead populations, central to the ecosystems, Tribal cultures, and economies of the West Coast, have already declined dramatically, due in part to exposure to 6PPD-q[uinone], and they cannot recover without its removal from the environment . . . We therefore call on EPA to exercise its authority under TSCA to protect the environment from the unreasonable risk presented by the use of 6PPD in tires’’ (Ref. 1). G. What are the potential sources and geographic extent of 6PPD and/or 6PPDquinone contamination in the environment? Studies have shown that one source of 6PPD and 6PPD-quinone contamination in the environment is from TWP that are constantly entering the environment as tires roll across the road’s surface (Ref. 30). These chemicals can also enter the environment from tire rubber if tires are disposed of in or near waterways. Tires and tire pieces are sometimes used as parts of dams, embankments, and erosion-control infrastructure, but little is known about whether 6PPD and 6PPD-quinone leach from these structures into the environment (Ref. 74). E-waste recycling and rubbermodified asphalt have been identified as other potential sources (Refs. 60 and 75). For example, a recent study found that rubber-modified asphalt containing 6PPD was acting as a sorbent for tirederived 6PPD-quinone that released 6PPD-quinone into the environment after simulated rainfall events, with 0.0015–0.0049 mg/L of 6PPD-quinone recorded in the rainfall runoff (Refs. 76 and 77). Additionally, although 6PPD has been identified in other non-tire rubber products (described in Unit II.B.3.) (Refs. 78, 79, and 80), more research is needed to determine the full suite of products that may contain 6PPD and the extent to which these products may be contributing to environmental contamination and exposure. Monitoring studies have measured both 6PPD and 6PPD-quinone in air (Refs. 61 and 81), water (Ref. 61), outdoor and indoor dust (Refs. 82 and 59), sediments, and soil (Ref. 61), indicating that 6PPD and 6PPD-quinone contamination is widespread across multiple media (Ref. 83). Overall, 6PPD and 6PPD-quinone have been measured in environmental media around the world and a limited number of studies have shown both chemicals in human biomonitoring samples (Refs. 62, 63, 64, and 65). E:\FR\FM\19NOP1.SGM 19NOP1 Federal Register / Vol. 89, No. 223 / Tuesday, November 19, 2024 / Proposed Rules ddrumheller on DSK120RN23PROD with PROPOSALS1 H. What actions can be taken under TSCA section 6? TSCA section 6 requires EPA to take action to address unreasonable risks of injury to human health or the environment from a chemical substance or mixture to the extent necessary so that the chemical substance or mixture no longer presents such risk. If EPA determines that a chemical substance presents unreasonable risk to health or the environment, it must promulgate requirements under TSCA section 6(a) that can include one or more of the following actions, alone or in combination, to the extent necessary such that the chemical no longer presents the unreasonable risk: • Prohibit or otherwise restrict the manufacturing (including import), processing, or distribution in commerce of the substance, or limit the amount of such substance or mixture which may be manufactured, processed, or distributed in commerce (TSCA section 6(a)(1)). • Prohibit or otherwise restrict the manufacturing, processing, or distribution in commerce of the substance for a particular use or above a specific concentration for a particular use (TSCA section 6(a)(2)). • Limit the amount of the substance which may be manufactured, processed, or distributed in commerce for a particular use or above a specific concentration for a particular use (TSCA section 6(a)(2)). • Require clear and adequate minimum warning and instructions with respect to the substance, distribution in commerce, or disposal, or any combination of those activities, to be marked on or accompanying the substance (TSCA section 6(a)(3)). • Require manufacturers and processors of the substance to make and retain certain records or conduct certain monitoring or testing (TSCA section 6(a)(4)). • Prohibit or otherwise regulate any manner or method of commercial use of the substance (TSCA section 6(a)(5)). • Prohibit or otherwise regulate any manner or method of disposal of the substance, or any article containing such substance, by its manufacturer or processor or by any person who uses or disposes of it for commercial purposes (TSCA section 6(a)(6)), and • Direct manufacturers or processors of the substance to give notice of the unreasonable risk determination to distributors, certain other persons, and the public, and to replace or repurchase the substance (TSCA section 6(a)(7)). Per TSCA section 6(c)(2)(B), in selecting among prohibitions and other VerDate Sep<11>2014 15:59 Nov 18, 2024 Jkt 265001 restrictions, EPA must factor in, to the extent practicable, the effects of the substance on human health and the environment, any benefits of uses of the substance, and the reasonably ascertainable economic consequences of the rule. In addition, TSCA section 6(g) allows EPA to grant an exemption from a requirement of a TSCA section 6(a) rule for a specific condition of use of a chemical substance or mixture, if the Administrator finds that: the specific condition of use is a critical or essential use for which no technically and economically feasible safer alternative is available; compliance with the requirement, as applied with respect to the specific condition of use, would significantly disrupt the national economy, national security, or critical infrastructure; or the specific condition of use of the chemical substance or mixture, as compared to reasonably available alternatives, provides a substantial benefit to health, the environment, or public safety. I. What are the alternatives to 6PPD for use in tires? At this time, an effective alternative to 6PPD’s use in tires has not been identified, but multiple researchers, states, and tire manufacturers are studying potential replacements. For example, in October 2023, California’s Department of Toxic Substances Control (DTSC) listed tires containing 6PPD as a Priority Product under the Safer Consumer Products Regulations (SCPR, Cal. Code Regs. Tit. 22, § 69511.7). Manufacturers of tires which contain 6PPD and are entered into the stream of commerce in California have submitted Preliminary Alternatives Analysis Reports to California DTSC, including a submission from the United States Tire Manufacturers Association’s (USTMA) consortium of over 30 tire manufacturers (Refs. 2 and 84). Many of the identified potential alternatives in phase I of USTMA’s alternatives analysis were other PPDs or non-PPD alternatives, including: 7PPD (CASRN 3081–01–4; DTXSID 5027516), IPPD (CASRN 101–72–4; DTXSID 1025485), 77PD (CASRN 3081–14–9; DTXSID 2024618), CCPD (CASRN 4175–38–6; DTXSID 8063335), and NA (an unnamed, specialized graphene nanoplatelet). According to the report, early data suggests that these potential alternatives would have reduced impacts on salmonids and overall hazard relative to 6PPD based on screening level performance data and acceptable physical and chemical properties indicative of exposure potential (Ref. 2). California has granted PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 91305 a Notice of Compliance for the Preliminary (Stage 1) Alternatives Analysis report, and manufacturers will proceed with a Stage 2 Alternatives Analysis to confirm their list of possible alternatives, assess the potential impacts of these options, and initiate a more detailed review of the chemicals’ potential hazards and exposure-related properties (Ref. 85). Similarly, Washington State’s Department of Ecology recently published a 6PPD Alternatives Assessment Hazard Criteria and an Alternatives Assessment (AA) Guide for them and other businesses to use when conducting an AA for 6PPD in tires (Ref. 86). The State of Washington also included 6PPD as a proposed priority chemical under their Safer Products of Washington law which will result in a list of products containing 6PPD in 2025 (Ref. 87). Efforts are also underway to analyze other potential alternatives. For example, researchers are investigating gallates (antioxidant food preservative), lignins (plant-based polymer), Durazone-37 (another existing rubber antiozonant), Graphene, and N,N′dicyclohexyl-1,4-phenylene diamine (CCPD) as potential replacements for 6PPD in tires (Ref. 88). USTMA and the U.S. Geological Survey are testing the toxicity of potential 6PPD alternatives and refining methods for evaluating potential alternatives, including the ones identified in USTMA’s alternatives analysis report in California (Ref. 89). The U.S. Department of Agriculture’s Western Regional Research Center and Flexsys are collaborating to explore a bio-based alternative to 6PPD (Ref. 90). EPA is funding multiple research efforts to test and identify potential alternatives, including EPA-funded Small Business Innovation Research (SBIR) grants (Ref. 91). Efforts are also underway to identify other potential solutions to reducing the risks posed by 6PPD and 6PPD-quinone, including reformulating tires using natural rubbers without 6PPD or modifying 6PPD molecules to avoid transformation into 6PPD-quinone (Ref. 88). III. Specific Requests for Comment, Data, and Information EPA is seeking public comment on all information included or referenced in this ANPRM and is also seeking any other information relevant to 6PPD and/ or 6PPD-quinone. The Agency is particularly interested in receiving quantitative information, data and/or case examples (e.g., peer-reviewed studies and industry scientific and technical reports describing datasets and/or syntheses of environmental and E:\FR\FM\19NOP1.SGM 19NOP1 91306 Federal Register / Vol. 89, No. 223 / Tuesday, November 19, 2024 / Proposed Rules ddrumheller on DSK120RN23PROD with PROPOSALS1 human health impacts that include statistical analyses) addressing the following topics and questions. To avoid duplicative submissions, studies that have already been cited in this ANPRM or that have been submitted through another regulatory reporting requirement are not being requested via this ANPRM. A. What information is the Agency requesting on environmental effects of 6PPD and/or 6PPD-quinone on aquatic ecosystems? EPA is interested in all information regarding 6PPD and/or 6PPD-quinone’s effects on aquatic ecosystems (such as aquatic toxicity data). Adherence to standard guidelines or laboratory practices (e.g., EPA’s 850 Ecological Effects Test Guidelines, American Society for Testing and Materials (ASTM) methods, or Organization for Economic Co-operation and Development (OECD) methods) is preferred but not required. Note that high-quality analytical measurements throughout toxicity tests are important because of the instability of 6PPD and 6PPD-quinone under conditions relevant to aquatic environments. 1. To ensure that EPA has robust, reasonably available data and information that is consistent with the best available science, EPA requests monitoring data reporting 6PPD and/or 6PPD-quinone concentrations and detection frequency in groundwater, surface waters, wastewater, saltwater, or estuaries across the United States. Specifically, EPA is requesting information and data on the volumes, locations, sources, dates/timeframes, and types of 6PPD and/or 6PPD-quinone contamination in impacted surface waters and sediments (e.g., through TWP or direct contact with the tire), including the concentration, field methods/SOPs for collection of the data, and analytical methods used to detect the chemicals (including quantification limits and other quality assurance details) when available. 2. EPA is interested in information and data concerning the acute exposure hazard effects of 6PPD and/or 6PPDquinone on a broader range of aquatic species than are discussed in Unit II.D.1 of this ANPRM, as well as chronic effects on all aquatic taxa. Even for species and effects that have been investigated previously, repeated highquality tests with analytical measurements following testing guidelines are desired. Such hazard information includes, but it is not limited to, mortality (lethal concentrations), growth, developmental, behavioral, reproductive, hormonal, VerDate Sep<11>2014 15:59 Nov 18, 2024 Jkt 265001 immunological, neurological, cardiovascular, respiratory, and renal effects from the cellular level to the organismal and population levels that might inform lethal and sub-lethal physiological, histological, and accumulative effects as well as any other hazard information that may be relevant to 6PPD and/or 6PPD-quinone. EPA seeks hazard effects information for any aquatic species, including but not limited to: • Fish species (e.g., Salmonidae, Cyprinidae, Centrarchidae, Serranidae, Percidae, Ictaluridae, Acipenseridae, etc.); • Aquatic studies done using new approach methodologies such as fish cell line assays or in vitro methods; • Species of Tribal or cultural significance such as lamprey and mussels; • Aquatic plants (including vascular and non-vascular (algae) species); • Aquatic invertebrates (including benthic species); • Aquatic and aquatic-dependent vertebrates other than fish (e.g., mammals, amphibians, reptiles, birds); • Bacteria/microbiome; and • Any other potentially sensitive species. 3. EPA is requesting information and data concerning known concentrations of 6PPD and/or 6PPD-quinone found in aquatic animal and plant tissue that may indicate the bioaccumulation of 6PPD and/or 6PPD-quinone in these species, particularly in species which are culturally significant to Tribes or subsistence fisher populations. This information may have important implications for potential exposure through the consumption of affected plant and animal species. B. What information is the Agency requesting on environmental effects of 6PPD and/or 6PPD-quinone on terrestrial ecosystems? EPA is interested in all information regarding 6PPD and/or 6PPD-quinone’s effects on terrestrial ecosystems (such as terrestrial toxicity data). Data collected by any means is requested. Adherence to standard guidelines or laboratory practices (e.g., EPA’s 850 Ecological Effects Test Guidelines, American Society for Testing and Materials (ASTM) methods, or Organization for Economic Co-operation and Development (OECD) methods) is preferred but not required. 1. To ensure that EPA has robust, reasonably available data and information that is consistent with the best available science, EPA requests monitoring information and data reporting for 6PPD and/or 6PPD- PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 quinone concentrations and detection frequency in air, soil, and other terrestrial media. Specifically, EPA is requesting information and data on the volumes, locations, sources, dates/ timeframes/pollutographs, and types of 6PPD and/or 6PPD-quinone contamination (e.g., through TWP or direct contact with the tire) in terrestrial environments, including the concentration and field methods and analytical methods used to detect the chemicals (including quantification limits) when available. 2. EPA is also interested in information and data concerning the hazard effects of 6PPD and/or 6PPDquinone on a broader range of terrestrial species than are discussed in Unit II.D.2 of this ANPRM. Such hazard information includes, but it is not limited to, data on mortality (lethal concentrations), growth, development, genetics, behavior, and reproduction as well as data on the cellular, hormonal, immunological, neurological, accumulative, histological, and physiological effects of 6PPD and/or 6PPD-quinone and any other hazard information. EPA seeks hazard effects information for any terrestrial species, including: • Terrestrial vertebrates (e.g., mammals, birds, reptiles, amphibians); • Soil fauna (e.g., worms, microbes, nematodes) with an emphasis on roadside soil fauna; • Land invertebrates (e.g., insects, worms, slugs, snails, spiders); • Terrestrial plants (including nonvascular plants such as moss and lichen) with an emphasis on roadside plants; • Fungi; • Bacteria/microbiome; and • Potentially sensitive species. 3. EPA is requesting information and data concerning known concentrations of 6PPD and/or 6PPD-quinone found in terrestrial animal and plant tissue that may indicate the bioaccumulation of 6PPD and/or 6PPD-quinone in these species, particularly in species which are culturally significant to Tribes or subsistence fisher populations. This information may have important implications for potential exposure through the consumption of affected species. 4. EPA is requesting information and data on any used methods of detection of 6PPD and/or 6PPD-quinone in biota, sediments, and soils. C. What are the potential human health and Tribal effects of 6PPD and/or 6PPDquinone? 1. As discussed in Unit II.E. of this ANPRM, there are limited data on the E:\FR\FM\19NOP1.SGM 19NOP1 ddrumheller on DSK120RN23PROD with PROPOSALS1 Federal Register / Vol. 89, No. 223 / Tuesday, November 19, 2024 / Proposed Rules human health effects of 6PPD and/or 6PPD-quinone, including toxicity studies (in vivo and in vitro) on carcinogenicity, reproductive and developmental effects, genotoxicity, neurotoxicity, immunotoxicity, endocrine effects, and other systemic toxicity and toxicokinetics (absorption, distribution, metabolism, or elimination), including modelling studies in humans. To ensure that EPA has robust, reasonably available data and information that are consistent with the best available science, EPA requests information and data on the human health effects of 6PPD and/or 6PPDquinone on the general population, and on specific subpopulations including the following: • Pregnant women and children; • Workers, including roadway workers, auto repair workers, racetrack maintenance crews, tire manufacturers or recyclers, and others who may be more frequently exposed to tires, TWP, vehicle dust, and road dust that may contain 6PPD and/or 6PPD-quinone; and • Other potentially exposed or susceptible subpopulations (PESS), which may include: —Communities that engage in subsistence fishing and/or gathering activities (e.g., Tribal communities and other populations engaging in fishing in urban or semi-urban waterways); —Near-roadway communities that may be more frequently exposed to tires, TWP, vehicle dust, and road dust that may contain 6PPD and/or 6PPDquinone; —Communities living near goodsmovement facilities, such as seaports, inland ports, land ports of entry, intermodal facilities and warehouse distribution centers; —Populations with existing disabilities or medical conditions whose inhalation or ingestion of 6PPD and/or 6PPD-quinone may exacerbate existing medical concerns; and —Populations that are otherwise vulnerable or experiencing multiple environmental stressors; and • Studies showing the composition and purity of test substances should be reported, if available. 2. As discussed in Unit II.E. of this ANPRM, there is also limited data on relevant human exposure pathways (the ways a person can be exposed to 6PPD and/or 6PPD-quinone), including inhalation, ingestion, or direct contact with the chemicals in media such as air, water, soil, and dust. To ensure that EPA has robust, reasonably available data and information that is consistent with the best available science, EPA requests information and data on human VerDate Sep<11>2014 15:59 Nov 18, 2024 Jkt 265001 exposure pathways of 6PPD and/or 6PPD-quinone on the general population, and especially for the following: • Pregnant women and children; • Disproportionately affected workers, including roadway workers, auto repair workers, and others who may be more frequently exposed to tires, TWP, vehicle dust, and road dust that may contain 6PPD and/or 6PPDquinone; and • Other potentially exposed or susceptible subpopulations (PESS), which may include: —Communities that engage in subsistence fishing and/or gathering activities (e.g., Tribal communities and other populations engaging in fishing in urban or semi-urban waterways); —Near-roadway communities that may be more frequently exposed to tires, TWP, vehicle dust, and road dust that may contain 6PPD and/or 6PPDquinone; —Populations with existing disabilities or medical conditions whose inhalation or ingestion of 6PPD and/or 6PPD-quinone may exacerbate existing medical concerns; and —Populations that are otherwise vulnerable or experiencing multiple environmental stressors. 3. EPA is requesting information on the cultural, political, economic, and environmental justice impacts of 6PPD and 6PPD-quinone contamination on Tribes. 4. EPA is requesting information and data on the detection of 6PPD and/or 6PPD-quinone contamination in drinking water. Specifically, EPA is requesting information on the volumes, locations, sources, and types of 6PPD and/or 6PPD-quinone contamination in drinking water, including the concentration and analytical method used to detect the chemicals (including quantification and detection limits) when available. D. What is 6PPD’s use in tires, releases of 6PPD and/or 6PPD-quinone into the environment, and remediation technologies? 1. To help inform EPA’s understanding of how 6PPD from tires and/or TWP enters the environment, EPA is requesting information on the use of 6PPD in tires, including quantity and concentration. For example, this information includes but is not limited to the following: • How many and what types of businesses are engaged in importing, manufacturing, processing, distributing in commerce, using, and disposing of 6PPD? PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 91307 • What percent by weight of 6PPD meets the minimum criteria for the chemical’s function within tires? Since the concentration of 6PPD in tires is not necessarily equivalent to the concentration that is released by tires, due to varying tire structures and designs, the amount and production of 6PPD’s transformation products such as 6PPD-quinone and other degradants may be among the considerations for this response. • What concentration of 6PPD is currently used during the tire manufacturing process? How does this vary across tire manufacturing companies and processes, as well as across different types of tire use (e.g., cars vs. large trucks, electric vehicles vs. gas powered)? • What is the rate of release of 6PPD and 6PPD-quinone from tires on electric vehicles vs. gas-powered vehicles? • What is the concentration of 6PPD in the finished tire and where in the tire is 6PPD present (i.e., in the sidewalls, tread, inner liner, etc)? Include the different concentrations for different types of tires, if applicable. • How does the concentration of 6PPD in the tire change over time during normal wear and tear—after one year of use, versus after 5 years, etc over the normal lifespan of a tire? Does the 6PPD concentration decrease steadily, or are there seasonal or other variations? • Whether, and if so how, 6PPD content in tires has changed over the last several decades. Specifically, has 6PPD content changed on a per-pound basis? Or has it changed on a per-tire basis given that tire size and formulation can vary for light versus heavy duty vehicles? • Has the trend toward increased specialization in light duty vehicle tires altered 6PPD use/content in tires? In particular, has the use of highperformance summer tires, winter tires, and tires with off-road capability increased over time? • What are the water discharges from tire manufacturing facilities, including wastewater from processing and stormwater originating from these sites? Are monitoring data from near such sites available? • What are the water discharges from other aquatic and terrestrial sites that use or reuse tires, including but not limited to artificial reefs, playgrounds that use crumb rubber or artificial turf, and/or tire dumps? Are monitoring data from near such sites available? 2. EPA is requesting data and information concerning the contribution of tire disposal, tire recycling, and tire reuse on environmental releases of, and E:\FR\FM\19NOP1.SGM 19NOP1 ddrumheller on DSK120RN23PROD with PROPOSALS1 91308 Federal Register / Vol. 89, No. 223 / Tuesday, November 19, 2024 / Proposed Rules wildlife exposures to 6PPD and 6PPDquinone. 3. For EPA to better understand the fate and transport of 6PPD and 6PPDquinone, EPA is requesting data and information on 6PPD as it moves from tires into the environment, reacts with ozone, and evolves into multiple transformation products, such as 6PPDquinone. EPA is requesting information and data regarding the fate and transport of 6PPD and/or 6PPD-quinone in and for use in tires, as well as the fate and transport of TWP containing 6PPD and/ or 6PPD-quinone. For example, EPA is requesting information on, but not limited to, the following: • What factors influence the transformation of 6PPD to 6PPDquinone and other transformation products (e.g., how does the concentration of ozone in ambient air impact the reaction rate of 6PPD to 6PPD-quinone and other products)? • What are the degradation and transformation products of 6PPD, how do they move through the environment (e.g., via TWP, road dust, etc), and how are they absorbed in aqueous media, air, and soil/sediments? For aqueous fate and transport, conditions of interest under variable water quality conditions could include but are not limited to a broad range of pH (5–9), dissolved oxygen (2–10 mg/L), conductivity (0– 50,000 mS/cm), and temperature (0– 30C). • How do 6PPD and 6PPD-quinone react with water quality sampling equipment (i.e., water grab and passive samplers) such as resins, filtration media with plastic or silica-based tubs, caulking, or tubing (polytetrafluoroethylene—lined and others), deployment times, or flow rate meters? 4. To gain a better understanding of 6PPD’s uses, EPA is requesting information and data regarding other products that contain 6PPD and the potential for 6PPD and/or 6PPD-quinone contamination from these other sources, some of which are mentioned in Unit II.G. (sneakers, plumbing seals, elastics, etc). 5. EPA is requesting information and data on successful water, air, soil, or sediment remediation and mitigation technologies that help reduce 6PPD and/or 6PPD-quinone exposure, such as green infrastructure, bioinfiltration basins, or technologies that capture TWP before they enter the environment, including methods that reduce 6PPD and/or 6PPD-quinone bound to airborne particulate matter. EPA is interested in information on remediation technologies once 6PPD and/or 6PPDquinone has entered the environment VerDate Sep<11>2014 15:59 Nov 18, 2024 Jkt 265001 and the scalability and feasibility of implementing those remediation approaches for reducing 6PPD and/or 6PPD-quinone in the environment. 6. EPA is requesting information and data regarding the cost and efficacy of technologies for remediating water sources that have been contaminated with 6PPD and/or 6PPD-quinone. EPA is particularly interested in examples or case studies of remediation efforts that have addressed 6PPD and/or 6PPDquinone contamination, and cost and efficacy comparisons with other remediation efforts. E. What are the alternatives to 6PPD’s use in tires? 1. There are multiple efforts underway investigating potential alternatives to 6PPD in tires, many of which are summarized in Unit IV of this ANPRM. EPA is requesting information and data on potential alternatives and their associated transformation or degradation products, including those not identified in this ANPRM, that may replace 6PPD as an antiozonant in tires. In addition to identifying potential alternatives, EPA is requesting information and data on the following: • What concentration of the potential alternative would be used during the tire manufacturing process and what concentration would be present in the finished tire? How would this vary across different types of tire use (e.g., car tires vs. large truck tires)? • What are the degradation and transformation products of the potential alternative, how do they move through the environment (e.g., via TWP, road dust, etc.), and how are they absorbed in aqueous media, air, and soil/ sediments once they’re in the environment? • What are the risks posed by potential alternatives to 6PPD on human health and the environment, including but not limited to hazard and toxicity effects of the parent and/or its transformation and degradation products on humans, aquatic and terrestrial species and ecosystems, and on air quality, greenhouse gas emissions, and potential disposal; • What are relevant considerations to include when evaluating an alternative that might replace 6PPD in tires (e.g., the standards used to assess the efficacy of potential alternatives); • What is the durability of the alternative (how long would it last as an antidegradant in the tire) and what is its ability to protect tires from degradation compared to 6PPD; • Are there any potential nonchemical alternatives to 6PPD, such as, but not limited to, bio-based PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 alternatives, self-healing polymers, or making physical changes to the tire or 6PPD molecule that could result in less release into the environment of 6PPD or TWP; and • Any other exposure information, properties, or considerations of the potential alternatives. 2. More generally, EPA is requesting information and data on the potential challenges and timelines of transitioning to using an alternative to 6PPD as a tire antiozonant, such as: • What is a timeframe for finding an alternative that presents no/less hazards than 6PPD? • Once an alternative is identified, how long would it take for the alternative to be screened for feasibility in terms of its use in tires (e.g. ability to incorporate into manufacturing processes at large scale, ability to protect the tires from degradation)? • What safety testing and approval processes need to occur on the alternative to ensure it passes federal highway safety regulations? What are the relevant timeframes for completing those processes? • Once there is a feasible alternative that has passed initial safety screenings and is scalable, how might an extended phaseout be implemented to replace tires currently in use that contain 6PPD with the new tires? • How much time would be necessary for tire and rubber manufacturers to phase out and/or replace 6PPD as an antiozonant from their production cycle once a safe and feasible alternative was ready to be implemented? • What is a reasonable timeframe to phase out existing stocks of 6PPD that have already been produced for use in tires? Can existing stocks of 6PPD that have not been added to tires yet be safely disposed of (include associated methodologies)? • What is a reasonable timeframe to phase out existing stocks of 6PPDcontaining tires? • How can 6PPD-containing tires be disposed of or repurposed (include associated methodologies) and what are the potential impacts of such actions? • What is a reasonable timeframe to phase out the need for further introduction into commerce of 6PPDcontaining tires? • What transition periods (e.g., 3, 5, 10 years) would be necessary and what would the likely associated impact be on the price or supply of tires and rubber products? • If a ban on the use of 6PPD in tires were in place, how long would it take to replace all tires currently in use given the expected lifespan of current tires (7– 10 years)? EPA is requesting information E:\FR\FM\19NOP1.SGM 19NOP1 Federal Register / Vol. 89, No. 223 / Tuesday, November 19, 2024 / Proposed Rules ddrumheller on DSK120RN23PROD with PROPOSALS1 and data regarding impacts on human health or the environment that might result from the phase out or restricted use of 6PPD as a tire additive and antiozonant (e.g., reduced tire safety, disposal issues due to more frequent changing of tires). 3. EPA is requesting information and data on the economic considerations and tradeoffs of removing 6PPD from tires and switching to an alternative formulation, process, or chemical. 4. EPA is requesting information and data based on actual releases to the environment of potential alternatives and their associated transformation products and degradants; including degree of contamination, and the cost and efficacy of the technologies available to remediate such contamination. Specifically, EPA is requesting, to the extent possible, information on the volumes, concentrations, locations, sources, and types of contamination from potential alternatives in water, soil, and air. F. What actions could the Agency take under TSCA? As explained in this ANPRM, EPA is gathering information on a potential rulemaking. EPA requests comment on: 1. If the Agency moves forward with a proposed rule after the ANPRM is published, what potential actions could EPA take under TSCA section 6(a)? Potential options include: • Regulate the manufacturing, processing, or distribution in commerce of the chemical, including a complete ban of any such activity or limiting the amounts of the chemical manufactured, distributed, and/or included in tires; • Regulate the manufacturing, processing, or distribution in commerce of the chemical for particular uses, including banning any such activity for a particular use; limiting the concentration of the chemical that may be used; or limiting the amounts of the chemical for particular uses; • Require warning statements and/or instructions for use with respect to the chemical’s use in tires and non-tire materials (e.g., rubber modified asphalt, sneakers, elastics, etc.), distribution in commerce, and/or disposal of the chemical or products containing the chemical; • Require manufacturers/processors to make and retain such records of the manufacturing process and/or monitor or conduct tests to ensure compliance with a TSCA section 6 rule; • Prohibiting or regulating any manner or method of commercial use of the chemical; • Prohibit or regulate the disposal of the chemical; and VerDate Sep<11>2014 15:59 Nov 18, 2024 Jkt 265001 • Require manufacturers/processors to provide warnings to distributors or users and to replace or repurchase the chemical. 2. TSCA provides EPA authority to select a combination of TSCA section 6(a) actions and limit the geographic application of a rule under TSCA section 6(a). EPA is requesting comment on whether, and if so, where EPA should consider limits to the geographical scope of any potential action under TSCA section 6(a)? 3. TSCA section 9 provides that the EPA Administrator shall consult and coordinate with the heads of other appropriate federal executive departments or agencies to achieve maximum enforcement of TSCA, while imposing the least burden of duplicative requirements. The Administrator is also directed to coordinate actions taken under TSCA with actions taken under other federal laws administered by the EPA, such as the Resource Conservation and Recovery Act, the Clean Air Act and the Clean Water Act. Are there other statutory authorities administered by EPA that could be used to eliminate or reduce to a sufficient extent any risk identified? 4. As discussed in Unit II.H., TSCA section 6(g) allows EPA to grant an exemption from a requirement of a TSCA section 6(a) rule for a specific condition of use of a chemical substance or mixture, if the Administrator finds that: the specific condition of use is a critical or essential use for which no technically and economically feasible safer alternative is available; compliance with the requirement, as applied with respect to the specific condition of use, would significantly disrupt the national economy, national security, or critical infrastructure; or the specific condition of use of the chemical substance or mixture, as compared to reasonably available alternatives, provides a substantial benefit to health, the environment, or public safety. What should EPA consider regarding a potential TSCA section 6(g) exemption for 6PPD use in tires? If so, what conditions may be necessary to protect health and the environment while achieving the purposes of an exemption? IV. References The following is a list of the documents that are specifically referenced in this document. The docket includes these documents and other information considered by EPA, including documents that are referenced within the documents that are included in the docket, even if the referenced document is not physically located in PO 00000 Frm 00026 Fmt 4702 Sfmt 4702 91309 the docket. For assistance in locating these other documents, please consult the technical person listed under FOR FURTHER INFORMATION CONTACT. 1. Earthjustice, ‘‘Citizen Petition under TSCA section 21 to Prohibit 6PPD in Tires,’’ August 1, 2023. [Online]. Available: https://www.epa.gov/system/files/ documents/2023-08/ TSCA%20Section%20 21%20Petition%20to%20 EPA%20re%206PPD%20in%20tires.pdf. 2. U.S. Tire Manufacturers Association (USTMA), ‘‘Preliminary (Stage 1) Alternatives Analysis Report Motor Vehicle Tires Containing N-(1,3dimethylbutyl)-N′-phenyl-pphenylenediamine (6PPD),’’ March 25, 2024. [Online]. Available: https:// www.ustires.org/sites/default/files/202403/USTMA%20 Consortium%206PPD%20 AA%20Preliminary%20Report_3-2524.pdf. 3. U.S. EPA, ‘‘Final EPA Response to Section 21 Petition Regarding N-(1,3Dimethylbutyl)-N′-phenyl-pphenylenediamine (CASRN 793–24–8, aka 6PPD) in Tires,’’ November 2, 2023. [Online]. Available: https:// www.epa.gov/system/files/documents/ 2023-11/pet-001845_tsca-21_petition_ 6ppd_decision_letter_ esigned2023.11.2.pdf. 4. Oslo and Paris Convention (OSPAR) Commission, ‘‘Hazardous Substances Series 4(dimethylbutylamino)diphenylamine (6PPD),’’ 2005 (2006 Update). [Online]. Available: https://www.ospar.org/ documents?v=7029. 5. PubChem, ‘‘N-(1,3-Dimethylbutyl)-N′phenyl-p-phenylenediamine (6PPD) Compound Summary,’’ [Online]. Available: https:// pubchem.ncbi.nlm.nih.gov/compound/ 13101. [Accessed July 2024]. 6. P. Lewis, ‘‘Effect of ozone on rubbers: Countermeasures and unsolved problems,’’ Polymer Degradation and Stability, vol. 15, no. 1, pp. 33–66, 1986. 7. Y. 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Wang, ‘‘Exposure to 6–PPD Quinone at Environmentally Relevant Concentrations Inhibits Both Lifespan and Healthspan in C. elegans,’’ Environmental Science & Technology, vol. 57, no. 48, p. 19295–19303, November 7, 2023. 55. X. Hua, X. Feng, G. Liang, J. Chao and D. Wang, ‘‘Exposure to 6–PPD Quinone at Environmentally Relevant Concentrations Causes Abnormal Locomotion Behaviors and Neurodegeneration in Caenorhabditis elegans,’’ Environmental Science and Technology, vol. 57, no. 12, pp. 4940– 4950, March 28, 2023. 56. Y. Wang, X. Hua and D. Wang, ‘‘Exposure to 6–PPD quinone enhances lipid accumulation through activating metabolic sensors of SBP–1 and MDT–15 in Caenorhabditis elegans,’’ Environmental Pollution, vol. 333, p. 121937, September 15, 2023. 57. X. Hua and D. Wang, ‘‘Polyethylene nanoparticles at environmentally relevant concentrations enhances neurotoxicity and accumulation of 6– PPD quinone in Caenorhabditis elegans,’’ Science of The Total Environment, vol. 918, p. 170760, March 25, 2024. 58. Q. Xu, W. Wu, Z. Xiao, X. Sun, J. Ma, J. Ding, Z. Zhu and G. Li, ‘‘Responses of soil and collembolan (Folsomia candida) gut microbiomes to 6PPD–Q pollution,’’ Science of The Total Environment, vol. 900, p. 165810, November 20, 2023. 59. J. Zhu, R. Guo, S. Jiang, P. Wu and H. Jin, ‘‘Occurrence of p-phenylenediamine antioxidants (PPDs) and PPDs-derived quinones in indoor dust,’’ Science of the Total Environment, vol. 912, p. 169325, February 12, 2024. 60. Z. Zhang, X. Xu, Z. Qian, Q. Zhong, Q. Wang, M.N. Hylkema, H. Snieder and X. Huo, ‘‘Association between 6PPDquinone exposure and BMI, influenza, and diarrhea in children,’’ Environmental Research, vol. 247, p. 118201, April 15, 2024. 61. G. Cao, W. Wang, J. Zhang, P. Wu, X. Zhao, Z. Yang, D. Hu and Z. Cai, ‘‘New Evidence of Rubber-Derived Quinones in Water, Air, and Soil,’’ Environmental Science & Technology, vol. 56, no. 7, p. 4142–4150, March 22, 2022. PO 00000 Frm 00028 Fmt 4702 Sfmt 4702 91311 62. J. Fang, X. Wang, G. Cao, F. Wang, Y. Ru, B. Wang, Y. Zhang, D. Zhang, J. Yan, J. Xu, J. Ji, F. Ji, Y. Zhou, L. Guo, M. Li, W. Liu, X. Cai and Z. Cai, ‘‘6PPDquinone exposure induces neuronal mitochondrial dysfunction to exacerbate Lewy neurites formation induced by asynuclein preformed fibrils seeding,’’ Journal of Hazardous Materials, vol. 465, p. 133312, March 5, 2024. 63. W. Mao, H. Jin, R. Guo, P. Chen, S. Zhong and X. Wu, ‘‘Occurrence of pphenylenediamine antioxidants in human urine,’’ Science of the Total Environment, vol. 914, p. 170045, March 1, 2024. 64. B. Du, B. Liang, Y. Li, M. Shen, L.-Y. Liu and L. Zeng, ‘‘First Report on the Occurrence of N-(1,3-Dimethylbutyl)-N′phenyl-p-phenylenediamine (6PPD) and 6PPD-Quinone as Pervasive Pollutants in Human Urine from South China,’’ Environmental Science & Technology Letters, vol. 9, no. 12, p. 1056–1062, November 21, 2022. 65. S. Song, Y. Gao, S. Feng, Z. Cheng, H. Huang, J. Xue, T. Zhang and H. Sun, ‘‘Widespread occurrence of two typical N, N′-substituted p-phenylenediamines and their quinones in humans: Association with oxidative stress and liver damage,’’ Journal of Hazardous Materials, vol. 468, p. 133835, April 15, 2024. 66. Organisation for Economic Co-operation and Development (OECD) Screening Information Dataset (SIDs), ‘‘SIDS Initial Assessment Report on N-(1,3– DIMETHYLBUTYL)-N´-PHENYL–1,4– PHENYLENEDIAMINE (6PPD),’’ 2004. 67. Interstate Regulatory Technology Council (IRTC), ‘‘What We Know: 6PPD and 6PPD-quinone,’’ September 2023. [Online]. Available: https:// 6ppd.itrcweb.org/wp-content/uploads/ 2023/09/6PPD-Focus-Sheet-Web-Layout9.pdf. 68. W. He, A. Gu and D. Wang, ‘‘Four-week repeated exposure to tire-derived 6–PPD quinone causes multiple organ injury in male BALB/c mice,’’ Science of the Total Environment, vol. 894, p. 164842, October 10, 2023. 69. S. Castan, A. Sherman, R. Peng, M.T. Zumstein, W. Wanek, T. Hüffer and T. Hofmann, ‘‘Uptake, Metabolism, and Accumulation of Tire Wear ParticleDerived Compounds in Lettuce,’’ Environmental Science & Technology, vol. 57, no. 1, p. 168–178, 2023. 70. N. Grasse, B. Seiwert, R. Massei, S. Scholz, Q. Fu and T. Reemtsma, ‘‘Uptake and Biotransformation of the Tire Rubber-derived Contaminants 6–PPD and 6–PPD Quinone in the Zebrafish Embryo (Danio rerio),’’ Environmental Science & Technology, vol. 57, no. 41, p. 15598–15607, October 2, 2023. 71. U.S. EPA, ‘‘Category for Persistent, Bioaccumulative, and Toxic New Chemical Substances,’’ in Federal Register FRL–6097–7, 1999, pp. 60194– 60204. 72. Earthjustice, ‘‘Letter from Petitioners on the Advance Notice of Proposed Rulemaking, TSCA Section 6(a) Risk Management,’’ 2024. E:\FR\FM\19NOP1.SGM 19NOP1 91312 Federal Register / Vol. 89, No. 223 / Tuesday, November 19, 2024 / Proposed Rules ddrumheller on DSK120RN23PROD with PROPOSALS1 73. Stakeholder Meeting between the National Tribal Toxics Council (NTTC) and the U.S. Environmental Protection Agency, National Tribal Toxics Council August 2024 Meeting, 2024. 74. H. Tsang, ‘‘Uses of scrap rubber tires,’’ in Rubber: Types, Properties and Uses, 2012. 75. B. Liang, J. Li, B. Du, Z. Pan, L.-Y. Liu and L. Zeng, ‘‘E-Waste Recycling Emits Large Quantities of Emerging Aromatic Amines and Organophosphites: A Poorly Recognized Source for Another Two Classes of Synthetic Antioxidants,’’ Environmental Science and Technology Letters, vol. 9, no. 7, p. 625–631, June 30, 2022. 76. P.M. Mayer, K.D. Moran, E.L. Miller, S.M. Brander, S. Harper, M. Garcia-Jaramillo, V. Carrasco-Navarro, K.T. Ho, R.M. Burgess, L.M.T. Hampton, E.F. Granek, M. McCauley, J.K. McIntyre and et al., ‘‘Where the rubber meets the road: Emerging environmental impacts of tire wear particles and their chemical cocktails,’’ Science of the Total Environment, vol. 927, no. 2024, p. 171153, June 1, 2024. 77. S. Lokesh, S. Arunthavabalan, E. Hajj, E. Hitti and Y. Yang, ‘‘Investigation of 6PPD-Quinone in Rubberized Asphalt Concrete Mixtures,’’ ACS Environmental AU, vol. 3, no. 6, pp. 336–341, July 26, 2023. 78. M.M. d. Santos and S.A. Snyder, ‘‘Occurrence of Polymer Additives 1,3Diphenylguanidine (DPG),N (1,3Dimethylbutyl) N′ phenyl-1,4benzenediamine (6PPD), and Chlorinated Byproducts in Drinking Water: Contribution from Plumbing Polymer Materials,’’ Environmental Science & Technology Letters, vol. 10, no. 10, pp. 885–890, September 6, 2023. 79. H.N. Zhao, X. Hu, M. Gonzalez, C.A. Rideout, G.C. Hobby, M.F. Fisher, C.J. McCormick, M.C. Dodd, K.E. Kim, Z. Tian and E.P. Kolodziej, ‘‘Screening pPhenylenediamine Antioxidants, Their Transformation Products, and Industrial Chemical Additives in Crumb Rubber and Elastomeric Consumer Products,’’ Environmental Science & Technology, vol. 57, no. 7, p. 2779–2791, February 9, 2023. 80. Western Reserve Chemicals, ‘‘WESTCO Product Profile: 6PPD—N-1,3dimethylbutyl)-N-phenyl-pphenylenediamine,’’ [Online]. Available: https://wrchem.com/product/westco6ppd/. VerDate Sep<11>2014 15:59 Nov 18, 2024 Jkt 265001 81. Y. Zhang, C. Xu, W. Zhang, Z. Qi, Y. Song, L. Zhu, C. Dong, J. Chen and Z. Cai, ‘‘p-Phenylenediamine Antioxidants in PM2.5: The Underestimated Urban Air Pollutants,’’ Environmental Science & Technology, vol. 26, no. 11, p. 6914– 6921, September 22, 2021. 82. W. Huang, Y. Shi, J. Huang, C. Deng, S. Tang, X. Liu and D. Chen, ‘‘Occurrence of Substituted p-Phenylenediamine Antioxidants in Dusts,’’ Environmental Science and Technology Letters, vol. 8, no. 5, p. 381–385, April 6, 2021. 83. L. Zeng, Y. Li, Y. Sun, L.-Y. Liu, M. Shen and B. Du, ‘‘Widespread Occurrence and Transport of p-Phenylenediamines and Their Quinones in Sediments across Urban Rivers, Estuaries, Coasts, and Deep-Sea Regions,’’ Environmental Science and Technology, vol. 57, no. 6, pp. 2393–2403, February 14, 2023. 84. California Department of Toxic Substances Control, ‘‘Laws and Regulations,’’ 2023. [Online]. Available: https://dtsc.ca.gov/listing-motor-vehicletires-containing-n-13-dimethylbutyln%E2%80%B2-phenyl-pphenylenediamine-6ppd-as-a-priorityproduct/. 85. U.S. Tire Manufacturers Association (USTMA), ‘‘Q&A: Stage 1 Alternatives Analysis For 6PPD in Tires,’’ 2023. [Online]. Available: https:// www.ustires.org/qa-stage-1-alternativesanalysis-6ppd-tires. 86. State of Washington’s Department of Ecology, ‘‘6PPD Alternatives Assessment Hazard Criteria,’’ 2023. 87. State of Washington Department of Ecology, ‘‘Safer Products for Washington,’’ 2023. [Online]. Available: https://ecology.wa.gov/waste-toxics/ reducing-toxic-chemicals/washingtonstoxics-in-products-laws/safer-products. 88. E. Boxer, E. Herasa, K. Hollenbeck, G. Rigutto, E. Rossommec and J. Wilson, ‘‘Saving coho salmon: Alternatives for 6PPD,’’ Berkley University, 2021. 89. U.S. Tire Manufacturers Association (USTMA), ‘‘Press Release: USTMA and the U.S. Geological Survey (USGS) partner for joint research into 6PPD alternatives,’’ November 15, 2023. [Online]. Available: https:// www.ustires.org/us-tire-manufacturersassociation-and-us-geological-surveypartner-joint-research-6ppd-alternatives. 90. Flexsys, ‘‘Flexsys Strengthens its Decarbonization Goals by Committing to Science-Based Target,’’ June 1, 2023. PO 00000 Frm 00029 Fmt 4702 Sfmt 9990 [Online]. Available: https://flexsys.com/ 2023/flexsys-strengthens-itsdecarbonization-goals-by-committing-toscience-based-target/. 91. U.S. Environmental Protection Agency, ‘‘EPA Small Business Innovation Research Program,’’ 2023. [Online]. Available: https://www.epa.gov/sbir. V. Statutory and Executive Order Reviews Additional information about these statutes and executive orders can be found at https://www.epa.gov/ regulations/laws-and-executive-orders. A. Executive Order 12866: Regulatory Planning and Review and Executive Order 14094: Modernizing Regulatory Review This action is not a significant regulatory action as defined in Executive Order 12866 (58 FR 51735, October 4, 1993), as amended by Executive Order 14094 (88 FR 21879, April 11, 2023), and was therefore not subject to a requirement for Executive Order 12866 review. B. Other Regulatory Assessment Requirements Because this action does not impose or propose any requirements, the various other review requirements in statutes and Executive Orders that apply when an agency imposes or proposes requirements do not apply to this ANPRM. Should EPA subsequently determine to pursue a rulemaking, EPA will address the requirements in the statutes and executive orders as applicable to that rulemaking. List of Subjects in 40 CFR Part 751 Chemicals, Environmental protection, Exports, Hazardous substances, Imports, Reporting and recordkeeping requirements. Michael S. Regan, Administrator. [FR Doc. 2024–26894 Filed 11–18–24; 8:45 am] BILLING CODE P E:\FR\FM\19NOP1.SGM 19NOP1

Agencies

[Federal Register Volume 89, Number 223 (Tuesday, November 19, 2024)]
[Proposed Rules]
[Pages 91299-91312]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-26894]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 751

[EPA-HQ-OPPT-2024-0403; FRL-11628-01-OCSPP]
RIN 2070-AL16


N-(1,3-Dimethylbutyl)-N'-phenyl-p-phenylenediamine (6PPD) and its 
Transformation Product, 6PPD-quinone; Regulatory Investigation Under 
the Toxic Substances Control Act (TSCA)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Advance notice of proposed rulemaking (ANPRM).

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SUMMARY: In granting a petition filed under the Toxic Substances 
Control Act (TSCA) by Earthjustice on behalf of the Yurok Tribe, the 
Port Gamble S'Klallam Tribe, and the Puyallup Tribe of Indians, the 
Environmental Protection Agency (EPA or Agency) committed to pursuing 
an action to solicit and collect information from the public on the 
potential risks associated with N-(1,3-Dimethylbutyl)-N'-phenyl-p-
phenylenediamine (6PPD) (CASRN 793-24-8, DTXSID 9025114) and its 
transformation product, 6PPD-quinone (CASRN 2754428-18-5, DTXSID 
301034849). With this document, EPA is soliciting that information, 
along with information about potential alternatives and regulatory 
options to help inform the Agency's consideration of potential future 
regulatory actions under TSCA.

DATES: Comments must be received on or before January 21, 2025.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPPT-2024-0403, through https://www.regulations.gov. 
Follow the online instructions for submitting comments. Do not submit 
electronically any information you consider to be Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. Additional instructions on commenting and visiting the 
docket, along with more information about dockets generally, is 
available at https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: 
    For technical information: Wyn Zenni, Existing Chemicals Risk 
Management Division (7404M), Office of Pollution Prevention and Toxics, 
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, 
DC 20460-0001; telephone number: (202) 565-6294; email address: 
[email protected].
    For general information on TSCA: The TSCA Hotline, ABVI-Goodwill, 
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202) 
554-1404; email address: [email protected].

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 (including recycling), distribute in 
commerce, dispose of, or use 6PPD and/or 6PPD-quinone. The following 
list of North American Industry 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:
     325130 Synthetic Dye and Pigment Manufacturing;
     325199 All Other Basic Organic Chemical Manufacturing ;
     325212 Synthetic Rubber Manufacturing;
     325998 All Other Miscellaneous Chemical Product and 
Preparation Manufacturing;
     326211 Tire Manufacturing (Except Retreading);
     326291 Rubber Product Manufacturing for Mechanical Use;
     336999 All Other Transportation Equipment Manufacturing; 
and
     424690 Other Chemical and Allied Products Merchant 
Wholesalers.
    If you have any questions regarding the applicability of this 
action to you, please consult the technical information contact listed 
under FOR FURTHER INFORMATION CONTACT.

B. What is the Agency's authority for taking this action?

    This action is being taken under the Toxic Substances Control Act 
(TSCA), 15 U.S.C. 2601 et seq.
    TSCA section 21 allows any person to petition EPA to initiate a 
rulemaking proceeding for the issuance, amendment, or repeal of a rule 
under

[[Page 91300]]

TSCA sections 4, 6, or 8 or an order under TSCA sections 4, 5(e) or 
(f). If EPA grants the petition, the Agency must promptly commence an 
appropriate proceeding.
    Under TSCA section 6(a), if EPA determines that the manufacture, 
processing, distribution in commerce, use, or disposal of a chemical 
substance presents an unreasonable risk to human health or the 
environment, it must ``apply one or more of the [TSCA section 6(a)] 
requirements . . . to the extent necessary so that the chemical 
substance . . . no longer presents such risk,'' which may range from 
prohibiting or otherwise restricting the manufacturing, processing, or 
distribution in commerce of the chemical substance (or a particular 
use), to commercial use requirements or disposal restrictions, to 
labeling and recordkeeping.

C. What action is the Agency taking?

    EPA is seeking public comment on all of the information included in 
and referenced by this ANPRM. EPA also seeks any additional information 
relevant to 6PPD, 6PPD-quinone, and potential 6PPD substitutes that 
could help inform potential future rulemakings. Topics in this ANPRM 
include but are not limited to: Information on the chemicals' 
environmental effects on aquatic and terrestrial ecosystems, potential 
human health effects, environmental fate and transport, exposure 
pathways, persistence and bioaccumulation, additional uses of 6PPD, and 
releases from consumer products (e.g., sneakers, playgrounds, rubber-
modified asphalt, reused tire or other rubber products, etc). EPA is 
also seeking comment and information related to alternatives to 6PPD, 
as well as potential chemical transformation products associated with 
potential alternatives.
    When submitting information, the Agency is interested in receiving 
quantitative information, data and/or case examples, including peer-
reviewed studies, statistical analyses, and industry, scientific, or 
technical reports describing datasets or syntheses of environmental or 
human health impacts of 6PPD, 6PPD-quinone, or potential alternatives 
for 6PPD.

D. What are the incremental costs and benefits of this action?

    This action does not propose or impose any requirements, and 
instead seeks comments and suggestions that will help inform the 
Agency's consideration of potential future actions for 6PPD and/or 
6PPD-quinone. As such, there are no incremental costs or benefits 
associated with this ANPRM. Should the Agency pursue a rulemaking in 
the future, EPA will conduct the appropriate assessments of the 
potential costs and benefits associated with the proposed action.

E. What should I consider as I prepare my comments for EPA?

1. Submitting CBI
    Do not submit CBI to EPA through https://www.regulations.gov or 
email. If you wish to include CBI in your comment, please follow the 
applicable instructions at https://www.epa.gov/dockets/commenting-epa-dockets#rules and clearly mark the information that you claim to be 
CBI. Information so marked will not be disclosed except in accordance 
with procedures set forth in 40 CFR parts 2 and 703.
2. Tips for Preparing Your Comments
    When preparing and submitting your comments, see the commenting 
tips at https://www.epa.gov/dockets/commenting-epa-dockets.html.

II. Background

A. What was requested in the TSCA section 21 petition for 6PPD?

    On August 1, 2023, Earthjustice, on behalf of the Yurok Tribe, the 
Port Gamble S'Klallam Tribe, and the Puyallup Tribe of Indians, filed a 
TSCA section 21 petition requesting that EPA establish regulations 
prohibiting the manufacturing, processing, use, and distribution of 
6PPD (CASRN 793-24-8, DTXSID 9025114) in and for tires under EPA's TSCA 
section 6(a) authority, 15 U.S.C. 2605(a). The petitioners requested 
that such regulation take effect as soon as practicable to eliminate 
the unreasonable risk 6PPD in tires presents to the environment (Ref. 
1).
    In the petition, concerns were raised that the chemical 6PPD, which 
has been used in tires since the 1960s to prevent tire degradation 
(Ref. 2), poses unreasonable risk to the environment due to the acute 
toxicity of its transformation product, 6PPD-quinone (CASRN 2754428-18-
5, DTXSID 301034849), to coho salmon (Oncorhynchus kisutch) and other 
fish species. The petition described that the presence of 6PPD-quinone 
in stormwater runoff and urban watersheds are at levels that can kill 
coho salmon (O. kisutch), steelhead trout (Oncorhynchus mykiss), and 
other aquatic organisms. The petition also referenced the presence of 
6PPD-quinone in sediments and soils, road and household dust, and the 
urine of pregnant women, with emerging science pointing to potential 
risks to human health and to a larger extent, toxicity in mammals (Ref. 
1).
    On November 2, 2023, EPA granted the petition, stating that the 
petition, along with information reasonably available to EPA, set forth 
facts establishing that it was appropriate to initiate a TSCA section 
6(a) proceeding to address risks to the environment from 6PPD and its 
transformation product, 6PPD-quinone (Ref. 3 [3]). Specifically, EPA 
committed to: (a) Issuing an ANPRM for 6PPD and 6PPD-quinone under TSCA 
section 6(a) by fall 2024; and (b) Finalizing a TSCA section 8(d) 
rulemaking by the end of 2024 that would require persons who 
manufacture (including import) 6PPD to submit lists or copies of 
unpublished health and safety studies to EPA. With this action, the 
Agency has promptly commenced an appropriate proceeding. The expected 
information resulting from this action will inform the Agency's 
consideration of future potential action though, as noted in the 
petition response, EPA cannot commit to a specific timeframe or outcome 
(Ref. 3).

B. What is 6PPD?

1. Physical and Chemical Use Properties
    6PPD is the organic compound N-(1,3-dimethylbutyl)-N'-phenyl-p-
phenylenediamine (CASRN 793-24-8, DTXSID 9025114), which is added to 
tires and other rubber products to prevent degradation. As a solid, 
6PPD is dark brown with violet flakes and is generally sold as pellets, 
pastilles, or in liquid form (Refs. 4 and 5). 6PPD can diffuse easily 
to the surface of a rubber product and quickly react with ozone 
(O3) to protect the rubber polymers from oxidation (Ref. 5). 
This chain of events occurs quickly enough to effectively protect the 
rubber but slowly enough to last for the lifetime of the product, which 
has made 6PPD a useful antidegradant for use in rubber products (Ref. 
6).
2. 6PPD's Use in Tires
    6PPD has been used globally since the 1960s as an antidegradant and 
antiozonant to prevent automobile tire degradation caused by exposure 
to ozone, oxygen, and temperature fluctuations (Refs. 2 and 7). By 
continuously migrating to the surface of the tire to fill microcracks 
and react with oxygen and ambient ozone in the environment, 6PPD 
protects the tire's rubber polymers from becoming brittle and cracked 
over time (Ref. 4). In doing so, 6PPD increases tire longevity, safety, 
and performance due to its ability to protect tires from premature 
degradation (Ref. 4).

[[Page 91301]]

    Products that use recycled tire crumbs or pieces such as rubber-
modified asphalt, playgrounds (rubber mulch), artificial turf, and 
sneakers may also contain 6PPD (Refs. 8 and 9).
3. 6PPD's Use in Other Products
    6PPD is also used as an additive in other rubber goods (e.g., 
conveyor and transmission belts, hoses, and gaskets), other automotive 
parts (e.g., engine mounts, grommets, bushings, and seals), polymers, 
lubricants, dyes, and other house-hold or recycled rubber products 
(Refs. 4, 10, and 11). Little information on the release of 6PPD and/or 
6PPD-quinone from these non-tire products currently exists.
4. Environmental Fate and Transport of 6PPD
    Although more information is needed on the environmental fate and 
transport of 6PPD, one source of 6PPD in the environment occurs through 
the release of tire wear particles (TWP) from tires containing 6PPD 
(Refs. 12, 13, 14, and 15). Though limited data suggest 6PPD has a 
short half-life (hours to several days) in aqueous solutions (Ref. 16), 
TWP are continuously being emitted into the environment, especially as 
cars brake, accelerate, or turn (Refs. 17, 18, and 19). It is believed 
that TWP reach soils and aquatic media close to roadways, with a small 
fraction emitted into the atmosphere or sorbed to sediments (Refs. 4 
and 19). During rainfall events, TWP can be mobilized from roads and 
road dust into nearby waterbodies (Ref. 20). For example, one study in 
Denmark investigating the annual TWP generated in a local road network 
and released into the aquatic environment found that 8-40 percent of 
the TWP from the roads reached surface waters after storm events 
depending on the stormwater treatment system (Ref. 21).
    Once TWP containing 6PPD enter the environment, it is hypothesized 
that the environmental transformation of 6PPD primarily occurs through 
hydrolysis (water breaking down chemical bonds) or by reaction with 
oxygen and ozone and photodegradation from exposure to sunlight and air 
(Ref. 4). The more frequent detection of 6PPD in extractions from TWP 
but not road runoff suggests that these reactions occur on the surface 
of the tire or road and/or that 6PPD rapidly transforms once released 
from the tire (Ref. 4). However, fully understanding these processes 
since 6PPD is such a reactive compound remains an information gap.
    Abiotic degradation of 6PPD occurs in water and the atmosphere. In 
water, 6PPD is highly reactive and can be affected by the water's pH, 
temperature, available sunlight, and other constituents in water such 
as metals (Ref. 4). Reported half-lives in water have ranged between 
3.4 hours to less than a day, with warmer waters containing more heavy 
metals leading to a shorter half-life of 6PPD (Refs. 4 and 16). In the 
atmosphere, 6PPD can degrade quickly via indirect photodegradation, 
with a half-life in air between 1-2 hours, further limiting the gas 
phase dispersal of the unreacted chemical (Ref. 22). Direct entry into 
the environment in the gas phase is likely limited given the low vapor 
pressure of 6PPD (Ref. 22).
    As for 6PPD's degradation in sediments, very little is known. 
Initial indications suggest that 6PPD is likely to adsorb to organic 
matter such as soil, sediments, and suspended particulate matter once 
released into the environment. This suggests that it may persist in 
aquatic and terrestrial sediments unless it undergoes photodegradation 
and hydrolysis through resuspension (Ref. 4). There are no available 
data on how 6PPD adheres to and binds to soil under different 
environmental conditions, but leaching of 6PPD through soil to 
groundwater is anticipated to be unlikely (Ref. 4). EPA's Estimation 
Program Interface (EPI) Suite estimates 6PPD's half-life to be 75 days 
in soil with photodegradation likely being the main process in which it 
is lost in surface soils (Refs. 4 and 23).
5. 6PPD's Transformation Products
    Both in tires and in TWP, 6PPD reacts at the rubber's surface with 
ambient ozone (O3) and possibly secondary O3-
related oxidants (e.g., OH-). 6PPD has less reactivity with molecular 
oxygen (O2) and other ambient air constituents (Refs. 18 and 
22). 6PPD's high reactivity with ozone triggers chemical reactions, 
resulting in the formation of transformation products (TPs) as the 
chemical undergoes structural changes and/or the formation of 
degradants as the chemical breaks down into smaller molecules (Refs. 18 
and 24). The resulting transformation products can be more or less 
mobile and more or less toxic in the environment than their parent 
compound, with 6PPD-quinone generally being more toxic to fish, more 
stable, and more mobile than 6PPD according to available data (Refs. 
18, 25, and 24). Studies have identified 25-38 ozonation transformation 
products for 6PPD that form depending on the environmental conditions, 
but more research on the hazard traits and behaviors of these 
transformation products is needed as data are still insufficient (Refs. 
18 and 26). One recent study identified four of 6PPD's most abundant 
transformation products, including 6PPD-quinone, as the most 
environmentally relevant because they were observed in roadway runoff, 
indicating that they may be ubiquitous contaminants in roadway-impacted 
environments and need further investigation (Ref. 26).

C. What is 6PPD-quinone?

1. Physical and Chemical Properties
    One of 6PPD's transformation products is 6PPD-quinone, or 2-
anilino-5-(4-methylpentan-2-ylamino) cyclohexa-2,5-diene-1,4-dione 
(CASRN 2754428-18-5, DTXSID 301034849). Due to 6PPD's highly reactive 
nature, it is thought that 6PPD is continually reacting with ozone at 
the surface of tires to form 6PPD-quinone (Refs. 6 and 27). As 6PPD-
quinone forms on the surface of the tire, it adds to the protective 
film that 6PPD naturally creates, providing further protection from 
cracking of the tire rubber (Refs. 6, 27, and 28). However, this also 
means that 6PPD-quinone and 6PPD are likely present in most TWP that 
are common in the environment (Refs. 12, 29, and 30).
2. Environmental Fate and Transport
    There are currently little data available to describe the 
environmental fate and transport of 6PPD-quinone, but data from several 
monitoring studies suggest that it persists longer in the environment 
than 6PPD (Ref. 31). One study found that 6PPD-quinone had a half-life 
of 33 hours in dechlorinated tap water compared to 5 hours for 6PPD 
(Ref. 16). The longer persistence of 6PPD-quinone in water indicates 
more potential exposure time to induce toxic effects in aquatic life 
(Ref. 16). Another study found that leachate from TWP remained toxic 
after exposure to extreme heat (80 [deg]C) for 72 hours, suggesting 
that 6PPD-quinone is stable under extreme heat conditions (Ref. 32). It 
is also likely that the polar carbonyl groups (added oxygen atoms from 
oxidation) may make 6PPD-quinone more mobile in the environment than 
6PPD (Ref. 33).

D. What are the ecological effects caused by 6PPD and 6PPD-quinone?

1. Aquatic Ecosystem Effects
    The number of studies on 6PPD and/or 6PPD-quinone's impacts on 
aquatic ecosystems has increased since 6PPD-quinone from TWPs was 
identified in 2020 as the likely causative agent for urban runoff 
mortality syndrome (URMS) (Ref. 32). URMS has been occurring in the 
Pacific Northwest at

[[Page 91302]]

least since it was first reported between 1999-2001, and refers to the 
death of adult fish (particularly coho salmon) that return to urban 
waterways to spawn (Refs. 32 and 34). However, much is still unknown 
about the chemicals' effects on aquatic life generally. As of December 
2023, there were 16 available studies on the hazard effects of 6PPD on 
aquatic species and 26 available studies on the hazard effects of 6PPD-
quinone that were identified by and included in the EPA's ECOTOX 
Knowledgebase (Ref. 35). Those studies along with additional online 
publications (as of July 2024) have primarily evaluated 6PPD-quinone's 
acute mortality impacts on aquatic species (i.e., lethal concentration 
(LC) values) due to its higher reported toxicity, with the majority 
focusing on fish species, compared to aquatic invertebrates and plant 
species.
    For the hazard effects of 6PPD on aquatic species, there are acute 
toxicity data for nine freshwater species as of December 2023. The 
following acute toxicity data includes both the author-reported 
mortality values (LC50) and the EPA-adjusted values (if 
needed) to account for observed chemical loss in studies that only 
measured exposure concentrations at the beginning of the study or not 
at all (Ref. 36). Of the nine studied species, Medaka (Oryzias latipes) 
(author-reported LC50 of 28 [mu]g/L after 96 hours of 
exposure), rare minnows (Gobiocypris rarus) (author-reported 
LC50 of 162 [mu]g/L after 96 hours of exposure; EPA-adjusted 
LC50 of 94.94 [mu]g/L), coho salmon (Oncorhynchus kisutch) 
(author-reported juvenile LC50 of 251 [mu]g/L after 24 hours 
of exposure; EPA-adjusted LC50 of 143.7 [mu]g/L), and 
amphipods (Hyalella azteca) (author-reported juvenile LC50 
of 250 [mu]g/L after 96 hours of exposure; EPA-adjusted LC50 
of 159.7 [mu]g/L) were the most sensitive aquatic species to acute 6PPD 
exposure (Refs. 16, 37, 38, 39, and 40). As for 6PPD's chronic effects 
on aquatic species, data are available for only two aquatic species: 
Medaka (Oryzias) (author-reported lowest observed effect concentration 
(LOEC) of 11 [mu]g/L after an early-life stage test of unknown 
duration) and fathead minnows (Pimephales) (author-reported 
LC50 of 150 [mu]g/L after 28 days of exposure) (Refs. 37 and 
41). Although additional research on the chronic effects of 6PPD will 
be important, acute toxicity is expected to be a more important driver 
for aquatic risk compared to chronic toxicity given the quick 
degradation of 6PPD. In addition, studies on 6PPD's effects on 
estuarine and marine species, as well as algae and vascular plants, are 
extremely limited.
    For the hazard effects of 6PPD-quinone on aquatic species, coho 
salmon (O. kisutch) are the most sensitive species to acute 6PPD-
quinone exposure identified to date, with an author-reported lethal 
concentration (LC50; the concentration that is lethal to 50 
percent of tested organisms) value of 0.041 [mu]g/L for juveniles in 
less than 24 hours (EPA-adjusted LC50 of 0.036 [mu]g/L) 
(Refs. 42 and 43) and up to 0.095 [mu]g/L for adults after 24 hours 
(EPA-adjusted LC50 of 0.092 [mu]g/L) (Refs. 43 and 44), 
indicating potential age-related differences in sensitivity. Other 
identified fish species that are acutely sensitive to 6PPD-quinone 
include: lake trout (Salvelinus namaycush) (LC50 of 0.5 
[mu]g/L after 24 hours of exposure; EPA-adjusted LC50 of 
0.5186 [mu]g/L) (Ref. 45), white-spotted char (Salvelinus leucomaenis 
pluvius) (<1 year juvenile LC50 of 0.80 [mu]g/L after 24 
hours; EPA-adjusted LC50 of 0.5709 [mu]g/L) (Refs. 43 and 
46), brook trout (Salvelinus fontinalis) (~1 year juvenile 
LC50 of 0.59 [mu]g/L after 24 hours) (Ref. 47), rainbow 
trout (Oncorhynchus mykiss) (~2 month juvenile LC50 of 0.64 
[mu]g/L; EPA-adjusted LC50 of 0.2961 [mu]g/L) (~2 year 
juvenile LC50 of 1.00 [mu]g/L after 96 hours) (Refs. 38, 43, 
and 47), and chinook salmon (Oncorhynchus tshawytscha) (582-day old 
LC50 of 82.1 [mu]g/L after 24 hours; EPA-adjusted 
LC50 of 65.68 [mu]g/L) (Refs. 43 and 48).
    These LC50 values for both chemicals were also used to 
support EPA's published screening values for acute 6PPD and 6PPD-
quinone exposure for freshwater fish species (published June 2024) 
which are 8.9 and 0.011 [mu]g/L, respectively (Refs. 36 and 43). EPA's 
acute screening values (published under Clean Water Act Section 
304(a)(2)) are the maximum concentrations of 6PPD and 6PPD-quinone (not 
in mixtures) with associated frequency and duration specifications that 
are expected to support protection of aquatic life from acute effects 
in freshwaters based on currently available scientific data (Refs. 36 
and 43). For comparison, one study that measured the concentration of 
6PPD-quinone in roadway runoff, stormwater-affected creeks, and 
watersheds throughout the U.S. west coast found a widespread occurrence 
of 6PPD-quinone at concentrations ranging from 0.3-19 [mu]g/L following 
storm events, which exceeds EPA's published acute screening value for 
6PPD-quinone (Refs. 32 and 43). Overall, although there is available 
information on the acute LC50 values and impacts on multiple 
fish species, more studies identifying the concentrations of 6PPD and 
6PPD-quinone measured in U.S. waterbodies, the sublethal and chronic 
effects of 6PPD and 6PPD-quinone exposure, and additional toxicity data 
on other aquatic species are important.
    Studies have also identified that certain fish species appear to be 
significantly more sensitive to 6PPD-quinone exposure than other 
species. For example, studies show that coho, steelhead, and chinook 
salmon are sensitive to 6PPD-quinone exposure; however, sockeye and 
chum salmon lacked a similar response and were not significantly 
affected by 6PPD-quinone (Refs. 12 and 49). The modes of action driving 
the large variation in the toxicity of 6PPD-quinone across species 
remains unknown, but one study suggests that a tissue-specific 
disruption of mitochondrial respiration is involved. Increased 
ventilation and gasping of sensitive species (coho salmon, brook trout, 
rainbow trout) was observed after exposure, suggesting that 6PPD-
quinone exposure (5-80 [mu]g/L) impacts cellular respiration and the 
oxygen consumption rate (Ref. 50). Another study found that the large 
increases in hematocrit commonly associated with coho salmon mortality 
after being exposed to roadway runoff could be due to a disruption in 
the blood-brain barrier since plasma leakage from the 
cerebrovasculature was observed (Ref. 51). This early research 
indicates that neurologic, metabolic, and mitochondrial disruption may 
be involved (Refs. 50, 51, and 52), but more research and tests are 
needed to confirm the specific modes of action for 6PPD-quinone and why 
it is acutely toxic to certain species. The mode of action driving 
6PPD's toxicity may be different from 6PPD-quinone's, as 6PPD is toxic 
to many tested aquatic organisms but never reaches the high toxicity 
exerted by 6PPD-quinone to selected species.
    Further, although EPA's published acute screening values for 6PPD 
and 6PPD-quinone in freshwater provided critical concentrations for 
protecting aquatic life from the two chemicals, the reports suggest 
that additional research will be important to fully characterize the 
toxicity of 6PPD-quinone and other key transformation products and 
degradants of 6PPD to aquatic life (Refs. 36 and 43). For example, the 
reports indicated that additional research that includes analytical 
confirmation of 6PPD-quinone is needed, as some of the available 
studies lacked analytical measurements of 6PPD-quinone at the end of 
the tests, which is important given the uncertainty of 6PPD-quinone's 
fate in lab water. In addition, the screening value reports noted that 
most of the available aquatic species' tests on

[[Page 91303]]

acute toxicity were run for only 24 hours (standard test duration for 
acute toxicity tests are 96 hours) and occasionally in overcrowded fish 
tanks (Refs. 36 and 43).
    For these reasons, additional acute and chronic toxicity studies 
that include full analytical measurements at appropriate intervals 
across the study duration that are conducted using standard toxicity 
test guidelines would be useful. Additionally, the completion of tests 
on a broader range of aquatic taxa would provide a broader 
understanding of how these chemicals are impacting fish and other 
aquatic species (Refs. 36 and 43).
2. Terrestrial Ecosystem Effects
    There are very limited data publicly available on how 6PPD and/or 
6PPD-quinone may impact terrestrial ecosystems. As of December 2023, 
there was one available terrestrial study on the hazard effects of 6PPD 
on chicken embryos (Gallus gallus) and five available studies on the 
hazard effects of 6PPD-quinone on nematodes (Caenorhabditis elegans) 
and springtails (Folsomia candida) that passed EPA's ECOTOX screening. 
(Ref. 35).
    In the one terrestrial study focused on the hazard effects of 6PPD, 
3-day old chicken embryos were exposed to 80 different rubber tire 
chemicals in either acetone or water (Ref. 53). Exposure to 6PPD 
resulted in deaths and malformations (EC50 of 1.5 umol 11 days post-
exposure), but the authors reported an incomplete, irregular or flat 
dose-response curve for early death and malformations (Ref. 53). Given 
the incomplete dose-response characterization, more information on 
avian species and other terrestrial organisms will be important to 
further characterize the potential hazard effects of 6PPD.
    Of the five other studies on the hazard effects of 6PPD-quinone on 
terrestrial organisms, four studies investigated the chronic effects of 
6PPD-quinone exposure on nematodes (an invertebrate). One study on 
nematodes found that prolonged exposure to 6PPD-quinone at 1-10 [mu]g/L 
shortened lifespan by up to 27.4 percent due to insulin signaling 
pathway dysfunction, decreased the amount of fertilized eggs due to DNA 
and signaling pathway damage, and decreased pharyngeal pumping and 
locomotion behavior (Ref. 54). Another study by the same authors found 
that after exposing nematodes to environmentally relevant 
concentrations of 6PPD-quinone (0.1-100 [mu]g/L) for 4.5 days (from the 
larval to adult stage), several forms of abnormal locomotion behavior 
and neurodegeneration was observed, with exposure to 100 [mu]g/L 
causing 5 percent lethality (Ref. 55). A similar study on nematodes 
found that 6PPD-quinone exposure negatively affected their digestive 
systems and lipid metabolism, with evidence of lipid accumulation and 
fatty acid deposition (Ref. 56) and that plastic nanoparticles in the 
environment enhanced the neurotoxicity and accumulation of 6PPD-quinone 
in nematodes (Ref. 57). In springtails, a soil organism, one study 
found that 6PPD-quinone exposure impaired the survival of the 
organisms, with a LC50 of 16.31 [mu]g/kg after 28 days of 
exposure (Ref. 58). The studies meeting inclusion requirements for the 
EPA's ECOTOX knowledgebase primarily focus on the impacts of 6PPD-
quinone on invertebrates such as nematodes and springtails; however, 
published data in rodents that are commonly used to inform human health 
hazards and are summarized in Unit II.E.2 may also be informative of 
the ecological effects on mammalian species (Ref. 35). Overall, the 
limited studies available indicate that prolonged exposure to 
environmentally relevant concentrations of 6PPD-quinone induces a 
multisystem toxic response, including neurotoxicity, reproductive 
risks, intestinal damage, and dysfunctions in lipid metabolism with 
bioaccumulation concerns in at least terrestrial invertebrates (Refs. 
54, 55, and 57). However, more studies on the effects of 6PPD and/or 
6PPD-quinone on terrestrial organisms and ecosystems would provide a 
more comprehensive understanding of the impacts of these chemicals 
across the environment.

E. What are the potential exposures to and human health effects of 6PPD 
and 6PPD-quinone?

    There are limited data on the exposure pathways of 6PPD and 6PPD-
quinone, however several recent studies in Asia have predicted 
potential exposure through dust inhalation and ingestion. For example, 
one study in Hangzhou, China measured 6PPD and 6PPD-quinone levels in 
indoor dust and estimated the daily intake of 6PPD and 6PPD-quinone for 
children based on expected ingestion and inhalation rates for indoor 
dust (Ref. 59). The study found 6PPD and 6PPD-quinone to be the 
predominant phenylene diamine (PPD) and PPD-q in indoor dust and that 
children, especially infants, were potentially ingesting 6PPD and 6PPD-
quinone through indoor dust based on the measured concentrations and 
daily intake estimations (Ref. 59). A similar study measured 6PPD-
quinone levels in outdoor dust near roads, homes, and kindergartens in 
Guiyu, an e-waste-exposed area, and in Haojiang, a reference area, from 
2019-2021 (Ref. 60). The study found that 6PPD-quinone levels were 
significantly higher in home and kindergarten classroom dust within the 
e-waste-exposed area compared to the reference area, indicating that 
dust may be an exposure pathway for humans and that e-waste may be 
another potential source of 6PPD-quinone in the environment (Ref. 60). 
Using the measured concentrations of 6PPD-quinone in dust, the study 
also estimated that higher daily intakes of 6PPD-quinone from 
kindergarten classroom dust could be associated with lower body mass 
indexes and higher incidences of influenza and diarrhea in kindergarten 
children, although these data are potentially confounded by other 
environmental stressors and chemicals that may be found within e-waste-
exposed areas (Ref. 60). Another study in Hong Kong that measured the 
environmental occurrence of 6PPD and 6PPD-quinone in road dust to 
estimate potential pathways of human exposure found that exposure 
levels for contaminated road dust were higher for 6PPD-quinone than for 
6PPD (Ref. 61).
    Although these studies were primarily done in Asia and under unique 
exposure scenarios (i.e., near an e-waste recycling facility), these 
studies indicate environmental occurrence of 6PPD and 6PPD-quinone in 
indoor and outdoor dust, suggesting that human exposure to 6PPD and 
6PPD-quinone is plausible and may be occurring through dust ingestion, 
inhalation, and dermal absorption, with potential effects on body mass 
index (Refs. 7, 59, 60, and 61).
    A limited number of biomonitoring studies in Asia identified 6PPD-
quinone in human samples, some of which also monitored for 6PPD. 
However, it is important to note that many of these studies had a small 
sample size. In one study, after 6PPD-quinone levels were recorded in 
the cerebrospinal fluid (CSF) of 13 patients with Parkinson's disease 
(PD) and 11 control participants, researchers found that 6PPD-quinone 
levels were twice as high in PD patients compared to controls and 
confirmed through immunostaining assays that 6PPD-quinone at 
environmentally relevant concentrations exacerbated the formation of 
Lewy neurites and impaired mitochondrial activity (Ref. 62). Four other 
studies detecting PPDs and PPD-qs in human urine and blood found that 
the median concentrations of 6PPD and 6PPD-quinone were significantly 
higher than other PPD and PPD-qs measured in the study, especially in 
pregnant women and people with liver disease which may

[[Page 91304]]

indicate lipid oxidative damage (Refs. 7, 63, 64, and 65). Additional 
biomonitoring studies with larger sample sizes and in different 
locations are needed since factors influencing exposures can vary by 
region and be influenced by other environmental stressors.
    Although there are limited data available on the potential human 
health effects of 6PPD and/or 6PPD-quinone, the health effects of 6PPD 
are better characterized than 6PPD-quinone in the scientific literature 
(Refs. 4, 25, and 66). 6PPD is a known skin-sensitizer that can lead to 
contact dermatitis in sensitized individuals and is listed as a 
category 1B reproductive toxicant by the European Chemicals Agency 
(Ref. 67).
    Preliminary toxicity studies in rodents may also inform human 
health effects. For example, one study found that 6PPD and 6PPD-quinone 
bioaccumulate in the liver, with higher doses of both chemicals 
potentially causing an inflammatory response, altered hepatic 
metabolism, and hepatotoxicity in mice (Ref. 62) while another study 
identified that repeated exposure over 4 weeks to 6PPD-quinone (4 mg/
kg) caused multiple organ injury in male BALB mice (Ref. 68). These 
early mammalian toxicity studies indicate that repeated exposure to 
6PPD and 6PPD-quinone may affect organ function, metabolism, 
bioaccumulation, and inflammation in humans, but more studies are 
needed on 6PPD and 6PPD-quinone's impacts on human health.
    As for bioaccumulation potential, one study found that when lettuce 
plants were exposed to TWP-derived 6PPD and 6PPD-quinone (among other 
TWP compounds) in hydroponic solutions over 14 days in a lab, the 
chemicals were taken up and metabolized by the lettuce with 
concentrations of 6PPD and 6PPD-quinone found in the plant's roots, 
leaves, and nutrient solution (Ref. 69). Other limited studies that 
reported bioaccumulative potential of 6PPD-quinone in aquatic species 
predicted that although there is potential for uptake, the data 
suggests that 6PPD-quinone does not significantly accumulate in fish 
tissues and instead metabolizes rapidly in vivo (Refs. 38 and 70). 
Further, the predicted bioconcentration factors (BCF) for 6PPD and 
6PPD-quinone are currently below 1,000, suggesting a low to moderate 
bioaccumulative potential based on EPA policy, which identifies 
chemicals with BCFs above 1,000 as bioaccumulative (Refs. 4, 38, 70, 
and 71). That said, additional data and field studies are needed on the 
potential for bioaccumulation in plant and animal species as well as on 
the potential for 6PPD to metabolize to 6PPD-quinone within humans.
    Overall, more research on the effects, characteristics, relevant 
exposure pathways, and dose-response data are needed to identify the 
potential human health impacts from exposure to 6PPD and 6PPD-quinone. 
This is of particular importance for pregnant women and children, 
communities and workers near roadways, people with existing medical 
conditions, populations that participate in subsistence activities 
(i.e., fishing, hunting), and communities with environmental justice 
concerns.

F. What are the potential impacts on Tribal Nations?

    In their petition, the Yurok Tribe, the Port Gamble S'Klallam 
Tribe, and the Puyallup Tribe of Indians present many potential impacts 
of 6PPD's transformation product, 6PPD-quinone, on their resources. 
They explain that their health, wellbeing, and culture are intimately 
connected to the health of their waters and ecosystems. The petition 
states that many Tribes share an important connection with their 
waterbodies, rendering them culturally significant and protected 
resources. The petitioners, along with additional Tribes that EPA 
engaged with related to this action, all emphasized that thriving 
shellfish and abundant salmonids are essential for their subsistence, 
cultural, and economic lifeways and has been one of their most 
important resources since time immemorial (Refs.1, 72, and 73).
    The petition further explains that ``exposure to 6PPD-q[uinone] can 
kill a coho salmon within hours, and the chemical is responsible for 
`urban runoff mortality syndrome,' which kills up to 100% of coho 
returning to spawn in urban streams'' (Refs. 1 and 32). Petitioners 
state that the decline of coho salmon has negatively impacted their 
access to commercial fishing income, food security, health, and 
wellbeing and has affected their ability to pass on traditional 
ceremonial and ecological knowledge to future generations. Decreased 
fish populations and diminished water quality have also meant a loss of 
cultural identity and have led to increased reliance on expensive, 
less-healthy food sources, especially in rural, low-income communities 
(Refs. 1, 72, and 73).
    Petitioners also assert that Tribal Treaty Rights, such as the 
Treaty of Point No Point, ``guarantees the Tribe[s] access to salmon . 
. . and that any action that reduces the number of salmon available for 
harvest by Tribal members is a violation of its rights under this 
treaty.''
    The Tribes also conclude that, ``salmon and steelhead populations, 
central to the ecosystems, Tribal cultures, and economies of the West 
Coast, have already declined dramatically, due in part to exposure to 
6PPD-q[uinone], and they cannot recover without its removal from the 
environment . . . We therefore call on EPA to exercise its authority 
under TSCA to protect the environment from the unreasonable risk 
presented by the use of 6PPD in tires'' (Ref. 1).

G. What are the potential sources and geographic extent of 6PPD and/or 
6PPD-quinone contamination in the environment?

    Studies have shown that one source of 6PPD and 6PPD-quinone 
contamination in the environment is from TWP that are constantly 
entering the environment as tires roll across the road's surface (Ref. 
30). These chemicals can also enter the environment from tire rubber if 
tires are disposed of in or near waterways. Tires and tire pieces are 
sometimes used as parts of dams, embankments, and erosion-control 
infrastructure, but little is known about whether 6PPD and 6PPD-quinone 
leach from these structures into the environment (Ref. 74). E-waste 
recycling and rubber-modified asphalt have been identified as other 
potential sources (Refs. 60 and 75). For example, a recent study found 
that rubber-modified asphalt containing 6PPD was acting as a sorbent 
for tire-derived 6PPD-quinone that released 6PPD-quinone into the 
environment after simulated rainfall events, with 0.0015-0.0049 [mu]g/L 
of 6PPD-quinone recorded in the rainfall runoff (Refs. 76 and 77).
    Additionally, although 6PPD has been identified in other non-tire 
rubber products (described in Unit II.B.3.) (Refs. 78, 79, and 80), 
more research is needed to determine the full suite of products that 
may contain 6PPD and the extent to which these products may be 
contributing to environmental contamination and exposure.
    Monitoring studies have measured both 6PPD and 6PPD-quinone in air 
(Refs. 61 and 81), water (Ref. 61), outdoor and indoor dust (Refs. 82 
and 59), sediments, and soil (Ref. 61), indicating that 6PPD and 6PPD-
quinone contamination is widespread across multiple media (Ref. 83). 
Overall, 6PPD and 6PPD-quinone have been measured in environmental 
media around the world and a limited number of studies have shown both 
chemicals in human biomonitoring samples (Refs. 62, 63, 64, and 65).

[[Page 91305]]

H. What actions can be taken under TSCA section 6?

    TSCA section 6 requires EPA to take action to address unreasonable 
risks of injury to human health or the environment from a chemical 
substance or mixture to the extent necessary so that the chemical 
substance or mixture no longer presents such risk. If EPA determines 
that a chemical substance presents unreasonable risk to health or the 
environment, it must promulgate requirements under TSCA section 6(a) 
that can include one or more of the following actions, alone or in 
combination, to the extent necessary such that the chemical no longer 
presents the unreasonable risk:
     Prohibit or otherwise restrict the manufacturing 
(including import), processing, or distribution in commerce of the 
substance, or limit the amount of such substance or mixture which may 
be manufactured, processed, or distributed in commerce (TSCA section 
6(a)(1)).
     Prohibit or otherwise restrict the manufacturing, 
processing, or distribution in commerce of the substance for a 
particular use or above a specific concentration for a particular use 
(TSCA section 6(a)(2)).
     Limit the amount of the substance which may be 
manufactured, processed, or distributed in commerce for a particular 
use or above a specific concentration for a particular use (TSCA 
section 6(a)(2)).
     Require clear and adequate minimum warning and 
instructions with respect to the substance, distribution in commerce, 
or disposal, or any combination of those activities, to be marked on or 
accompanying the substance (TSCA section 6(a)(3)).
     Require manufacturers and processors of the substance to 
make and retain certain records or conduct certain monitoring or 
testing (TSCA section 6(a)(4)).
     Prohibit or otherwise regulate any manner or method of 
commercial use of the substance (TSCA section 6(a)(5)).
     Prohibit or otherwise regulate any manner or method of 
disposal of the substance, or any article containing such substance, by 
its manufacturer or processor or by any person who uses or disposes of 
it for commercial purposes (TSCA section 6(a)(6)), and
     Direct manufacturers or processors of the substance to 
give notice of the unreasonable risk determination to distributors, 
certain other persons, and the public, and to replace or repurchase the 
substance (TSCA section 6(a)(7)).
    Per TSCA section 6(c)(2)(B), in selecting among prohibitions and 
other restrictions, EPA must factor in, to the extent practicable, the 
effects of the substance on human health and the environment, any 
benefits of uses of the substance, and the reasonably ascertainable 
economic consequences of the rule.
    In addition, TSCA section 6(g) allows EPA to grant an exemption 
from a requirement of a TSCA section 6(a) rule for a specific condition 
of use of a chemical substance or mixture, if the Administrator finds 
that: the specific condition of use is a critical or essential use for 
which no technically and economically feasible safer alternative is 
available; compliance with the requirement, as applied with respect to 
the specific condition of use, would significantly disrupt the national 
economy, national security, or critical infrastructure; or the specific 
condition of use of the chemical substance or mixture, as compared to 
reasonably available alternatives, provides a substantial benefit to 
health, the environment, or public safety.

I. What are the alternatives to 6PPD for use in tires?

    At this time, an effective alternative to 6PPD's use in tires has 
not been identified, but multiple researchers, states, and tire 
manufacturers are studying potential replacements. For example, in 
October 2023, California's Department of Toxic Substances Control 
(DTSC) listed tires containing 6PPD as a Priority Product under the 
Safer Consumer Products Regulations (SCPR, Cal. Code Regs. Tit. 22, 
Sec.  69511.7). Manufacturers of tires which contain 6PPD and are 
entered into the stream of commerce in California have submitted 
Preliminary Alternatives Analysis Reports to California DTSC, including 
a submission from the United States Tire Manufacturers Association's 
(USTMA) consortium of over 30 tire manufacturers (Refs. 2 and 84). Many 
of the identified potential alternatives in phase I of USTMA's 
alternatives analysis were other PPDs or non-PPD alternatives, 
including: 7PPD (CASRN 3081-01-4; DTXSID 5027516), IPPD (CASRN 101-72-
4; DTXSID 1025485), 77PD (CASRN 3081-14-9; DTXSID 2024618), CCPD (CASRN 
4175-38-6; DTXSID 8063335), and NA (an unnamed, specialized graphene 
nano-platelet). According to the report, early data suggests that these 
potential alternatives would have reduced impacts on salmonids and 
overall hazard relative to 6PPD based on screening level performance 
data and acceptable physical and chemical properties indicative of 
exposure potential (Ref. 2). California has granted a Notice of 
Compliance for the Preliminary (Stage 1) Alternatives Analysis report, 
and manufacturers will proceed with a Stage 2 Alternatives Analysis to 
confirm their list of possible alternatives, assess the potential 
impacts of these options, and initiate a more detailed review of the 
chemicals' potential hazards and exposure-related properties (Ref. 85).
    Similarly, Washington State's Department of Ecology recently 
published a 6PPD Alternatives Assessment Hazard Criteria and an 
Alternatives Assessment (AA) Guide for them and other businesses to use 
when conducting an AA for 6PPD in tires (Ref. 86). The State of 
Washington also included 6PPD as a proposed priority chemical under 
their Safer Products of Washington law which will result in a list of 
products containing 6PPD in 2025 (Ref. 87).
    Efforts are also underway to analyze other potential alternatives. 
For example, researchers are investigating gallates (antioxidant food 
preservative), lignins (plant-based polymer), Durazone-37 (another 
existing rubber antiozonant), Graphene, and N,N'-dicyclohexyl-1,4-
phenylene diamine (CCPD) as potential replacements for 6PPD in tires 
(Ref. 88). USTMA and the U.S. Geological Survey are testing the 
toxicity of potential 6PPD alternatives and refining methods for 
evaluating potential alternatives, including the ones identified in 
USTMA's alternatives analysis report in California (Ref. 89). The U.S. 
Department of Agriculture's Western Regional Research Center and 
Flexsys are collaborating to explore a bio-based alternative to 6PPD 
(Ref. 90). EPA is funding multiple research efforts to test and 
identify potential alternatives, including EPA-funded Small Business 
Innovation Research (SBIR) grants (Ref. 91). Efforts are also underway 
to identify other potential solutions to reducing the risks posed by 
6PPD and 6PPD-quinone, including reformulating tires using natural 
rubbers without 6PPD or modifying 6PPD molecules to avoid 
transformation into 6PPD-quinone (Ref. 88).

III. Specific Requests for Comment, Data, and Information

    EPA is seeking public comment on all information included or 
referenced in this ANPRM and is also seeking any other information 
relevant to 6PPD and/or 6PPD-quinone. The Agency is particularly 
interested in receiving quantitative information, data and/or case 
examples (e.g., peer-reviewed studies and industry scientific and 
technical reports describing datasets and/or syntheses of environmental 
and

[[Page 91306]]

human health impacts that include statistical analyses) addressing the 
following topics and questions. To avoid duplicative submissions, 
studies that have already been cited in this ANPRM or that have been 
submitted through another regulatory reporting requirement are not 
being requested via this ANPRM.

A. What information is the Agency requesting on environmental effects 
of 6PPD and/or 6PPD-quinone on aquatic ecosystems?

    EPA is interested in all information regarding 6PPD and/or 6PPD-
quinone's effects on aquatic ecosystems (such as aquatic toxicity 
data). Adherence to standard guidelines or laboratory practices (e.g., 
EPA's 850 Ecological Effects Test Guidelines, American Society for 
Testing and Materials (ASTM) methods, or Organization for Economic Co-
operation and Development (OECD) methods) is preferred but not 
required. Note that high-quality analytical measurements throughout 
toxicity tests are important because of the instability of 6PPD and 
6PPD-quinone under conditions relevant to aquatic environments.
    1. To ensure that EPA has robust, reasonably available data and 
information that is consistent with the best available science, EPA 
requests monitoring data reporting 6PPD and/or 6PPD-quinone 
concentrations and detection frequency in groundwater, surface waters, 
wastewater, saltwater, or estuaries across the United States. 
Specifically, EPA is requesting information and data on the volumes, 
locations, sources, dates/timeframes, and types of 6PPD and/or 6PPD-
quinone contamination in impacted surface waters and sediments (e.g., 
through TWP or direct contact with the tire), including the 
concentration, field methods/SOPs for collection of the data, and 
analytical methods used to detect the chemicals (including 
quantification limits and other quality assurance details) when 
available.
    2. EPA is interested in information and data concerning the acute 
exposure hazard effects of 6PPD and/or 6PPD-quinone on a broader range 
of aquatic species than are discussed in Unit II.D.1 of this ANPRM, as 
well as chronic effects on all aquatic taxa. Even for species and 
effects that have been investigated previously, repeated high-quality 
tests with analytical measurements following testing guidelines are 
desired. Such hazard information includes, but it is not limited to, 
mortality (lethal concentrations), growth, developmental, behavioral, 
reproductive, hormonal, immunological, neurological, cardiovascular, 
respiratory, and renal effects from the cellular level to the 
organismal and population levels that might inform lethal and sub-
lethal physiological, histological, and accumulative effects as well as 
any other hazard information that may be relevant to 6PPD and/or 6PPD-
quinone. EPA seeks hazard effects information for any aquatic species, 
including but not limited to:
     Fish species (e.g., Salmonidae, Cyprinidae, Centrarchidae, 
Serranidae, Percidae, Ictaluridae, Acipenseridae, etc.);
     Aquatic studies done using new approach methodologies such 
as fish cell line assays or in vitro methods;
     Species of Tribal or cultural significance such as lamprey 
and mussels;
     Aquatic plants (including vascular and non-vascular 
(algae) species);
     Aquatic invertebrates (including benthic species);
     Aquatic and aquatic-dependent vertebrates other than fish 
(e.g., mammals, amphibians, reptiles, birds);
     Bacteria/microbiome; and
     Any other potentially sensitive species.
    3. EPA is requesting information and data concerning known 
concentrations of 6PPD and/or 6PPD-quinone found in aquatic animal and 
plant tissue that may indicate the bioaccumulation of 6PPD and/or 6PPD-
quinone in these species, particularly in species which are culturally 
significant to Tribes or subsistence fisher populations. This 
information may have important implications for potential exposure 
through the consumption of affected plant and animal species.

B. What information is the Agency requesting on environmental effects 
of 6PPD and/or 6PPD-quinone on terrestrial ecosystems?

    EPA is interested in all information regarding 6PPD and/or 6PPD-
quinone's effects on terrestrial ecosystems (such as terrestrial 
toxicity data). Data collected by any means is requested. Adherence to 
standard guidelines or laboratory practices (e.g., EPA's 850 Ecological 
Effects Test Guidelines, American Society for Testing and Materials 
(ASTM) methods, or Organization for Economic Co-operation and 
Development (OECD) methods) is preferred but not required.
    1. To ensure that EPA has robust, reasonably available data and 
information that is consistent with the best available science, EPA 
requests monitoring information and data reporting for 6PPD and/or 
6PPD-quinone concentrations and detection frequency in air, soil, and 
other terrestrial media. Specifically, EPA is requesting information 
and data on the volumes, locations, sources, dates/timeframes/
pollutographs, and types of 6PPD and/or 6PPD-quinone contamination 
(e.g., through TWP or direct contact with the tire) in terrestrial 
environments, including the concentration and field methods and 
analytical methods used to detect the chemicals (including 
quantification limits) when available.
    2. EPA is also interested in information and data concerning the 
hazard effects of 6PPD and/or 6PPD-quinone on a broader range of 
terrestrial species than are discussed in Unit II.D.2 of this ANPRM. 
Such hazard information includes, but it is not limited to, data on 
mortality (lethal concentrations), growth, development, genetics, 
behavior, and reproduction as well as data on the cellular, hormonal, 
immunological, neurological, accumulative, histological, and 
physiological effects of 6PPD and/or 6PPD-quinone and any other hazard 
information. EPA seeks hazard effects information for any terrestrial 
species, including:
     Terrestrial vertebrates (e.g., mammals, birds, reptiles, 
amphibians);
     Soil fauna (e.g., worms, microbes, nematodes) with an 
emphasis on roadside soil fauna;
     Land invertebrates (e.g., insects, worms, slugs, snails, 
spiders);
     Terrestrial plants (including nonvascular plants such as 
moss and lichen) with an emphasis on roadside plants;
     Fungi;
     Bacteria/microbiome; and
     Potentially sensitive species.
    3. EPA is requesting information and data concerning known 
concentrations of 6PPD and/or 6PPD-quinone found in terrestrial animal 
and plant tissue that may indicate the bioaccumulation of 6PPD and/or 
6PPD-quinone in these species, particularly in species which are 
culturally significant to Tribes or subsistence fisher populations. 
This information may have important implications for potential exposure 
through the consumption of affected species.
    4. EPA is requesting information and data on any used methods of 
detection of 6PPD and/or 6PPD-quinone in biota, sediments, and soils.

C. What are the potential human health and Tribal effects of 6PPD and/
or 6PPD-quinone?

    1. As discussed in Unit II.E. of this ANPRM, there are limited data 
on the

[[Page 91307]]

human health effects of 6PPD and/or 6PPD-quinone, including toxicity 
studies (in vivo and in vitro) on carcinogenicity, reproductive and 
developmental effects, genotoxicity, neurotoxicity, immunotoxicity, 
endocrine effects, and other systemic toxicity and toxicokinetics 
(absorption, distribution, metabolism, or elimination), including 
modelling studies in humans. To ensure that EPA has robust, reasonably 
available data and information that are consistent with the best 
available science, EPA requests information and data on the human 
health effects of 6PPD and/or 6PPD-quinone on the general population, 
and on specific subpopulations including the following:
     Pregnant women and children;
     Workers, including roadway workers, auto repair workers, 
racetrack maintenance crews, tire manufacturers or recyclers, and 
others who may be more frequently exposed to tires, TWP, vehicle dust, 
and road dust that may contain 6PPD and/or 6PPD-quinone; and
     Other potentially exposed or susceptible subpopulations 
(PESS), which may include:
    --Communities that engage in subsistence fishing and/or gathering 
activities (e.g., Tribal communities and other populations engaging in 
fishing in urban or semi-urban waterways);
    --Near-roadway communities that may be more frequently exposed to 
tires, TWP, vehicle dust, and road dust that may contain 6PPD and/or 
6PPD-quinone;
    --Communities living near goods-movement facilities, such as 
seaports, inland ports, land ports of entry, intermodal facilities and 
warehouse distribution centers;
    --Populations with existing disabilities or medical conditions 
whose inhalation or ingestion of 6PPD and/or 6PPD-quinone may 
exacerbate existing medical concerns; and
    --Populations that are otherwise vulnerable or experiencing 
multiple environmental stressors; and
     Studies showing the composition and purity of test 
substances should be reported, if available.
    2. As discussed in Unit II.E. of this ANPRM, there is also limited 
data on relevant human exposure pathways (the ways a person can be 
exposed to 6PPD and/or 6PPD-quinone), including inhalation, ingestion, 
or direct contact with the chemicals in media such as air, water, soil, 
and dust. To ensure that EPA has robust, reasonably available data and 
information that is consistent with the best available science, EPA 
requests information and data on human exposure pathways of 6PPD and/or 
6PPD-quinone on the general population, and especially for the 
following:
     Pregnant women and children;
     Disproportionately affected workers, including roadway 
workers, auto repair workers, and others who may be more frequently 
exposed to tires, TWP, vehicle dust, and road dust that may contain 
6PPD and/or 6PPD-quinone; and
     Other potentially exposed or susceptible subpopulations 
(PESS), which may include:
    --Communities that engage in subsistence fishing and/or gathering 
activities (e.g., Tribal communities and other populations engaging in 
fishing in urban or semi-urban waterways);
    --Near-roadway communities that may be more frequently exposed to 
tires, TWP, vehicle dust, and road dust that may contain 6PPD and/or 
6PPD-quinone;
    --Populations with existing disabilities or medical conditions 
whose inhalation or ingestion of 6PPD and/or 6PPD-quinone may 
exacerbate existing medical concerns; and
    --Populations that are otherwise vulnerable or experiencing 
multiple environmental stressors.
    3. EPA is requesting information on the cultural, political, 
economic, and environmental justice impacts of 6PPD and 6PPD-quinone 
contamination on Tribes.
    4. EPA is requesting information and data on the detection of 6PPD 
and/or 6PPD-quinone contamination in drinking water. Specifically, EPA 
is requesting information on the volumes, locations, sources, and types 
of 6PPD and/or 6PPD-quinone contamination in drinking water, including 
the concentration and analytical method used to detect the chemicals 
(including quantification and detection limits) when available.

D. What is 6PPD's use in tires, releases of 6PPD and/or 6PPD-quinone 
into the environment, and remediation technologies?

    1. To help inform EPA's understanding of how 6PPD from tires and/or 
TWP enters the environment, EPA is requesting information on the use of 
6PPD in tires, including quantity and concentration. For example, this 
information includes but is not limited to the following:
     How many and what types of businesses are engaged in 
importing, manufacturing, processing, distributing in commerce, using, 
and disposing of 6PPD?
     What percent by weight of 6PPD meets the minimum criteria 
for the chemical's function within tires? Since the concentration of 
6PPD in tires is not necessarily equivalent to the concentration that 
is released by tires, due to varying tire structures and designs, the 
amount and production of 6PPD's transformation products such as 6PPD-
quinone and other degradants may be among the considerations for this 
response.
     What concentration of 6PPD is currently used during the 
tire manufacturing process? How does this vary across tire 
manufacturing companies and processes, as well as across different 
types of tire use (e.g., cars vs. large trucks, electric vehicles vs. 
gas powered)?
     What is the rate of release of 6PPD and 6PPD-quinone from 
tires on electric vehicles vs. gas-powered vehicles?
     What is the concentration of 6PPD in the finished tire and 
where in the tire is 6PPD present (i.e., in the sidewalls, tread, inner 
liner, etc)? Include the different concentrations for different types 
of tires, if applicable.
     How does the concentration of 6PPD in the tire change over 
time during normal wear and tear--after one year of use, versus after 5 
years, etc over the normal lifespan of a tire? Does the 6PPD 
concentration decrease steadily, or are there seasonal or other 
variations?
     Whether, and if so how, 6PPD content in tires has changed 
over the last several decades. Specifically, has 6PPD content changed 
on a per-pound basis? Or has it changed on a per-tire basis given that 
tire size and formulation can vary for light versus heavy duty 
vehicles?
     Has the trend toward increased specialization in light 
duty vehicle tires altered 6PPD use/content in tires? In particular, 
has the use of high-performance summer tires, winter tires, and tires 
with off-road capability increased over time?
     What are the water discharges from tire manufacturing 
facilities, including wastewater from processing and stormwater 
originating from these sites? Are monitoring data from near such sites 
available?
     What are the water discharges from other aquatic and 
terrestrial sites that use or reuse tires, including but not limited to 
artificial reefs, playgrounds that use crumb rubber or artificial turf, 
and/or tire dumps? Are monitoring data from near such sites available?
    2. EPA is requesting data and information concerning the 
contribution of tire disposal, tire recycling, and tire reuse on 
environmental releases of, and

[[Page 91308]]

wildlife exposures to 6PPD and 6PPD-quinone.
    3. For EPA to better understand the fate and transport of 6PPD and 
6PPD-quinone, EPA is requesting data and information on 6PPD as it 
moves from tires into the environment, reacts with ozone, and evolves 
into multiple transformation products, such as 6PPD-quinone. EPA is 
requesting information and data regarding the fate and transport of 
6PPD and/or 6PPD-quinone in and for use in tires, as well as the fate 
and transport of TWP containing 6PPD and/or 6PPD-quinone. For example, 
EPA is requesting information on, but not limited to, the following:
     What factors influence the transformation of 6PPD to 6PPD-
quinone and other transformation products (e.g., how does the 
concentration of ozone in ambient air impact the reaction rate of 6PPD 
to 6PPD-quinone and other products)?
     What are the degradation and transformation products of 
6PPD, how do they move through the environment (e.g., via TWP, road 
dust, etc), and how are they absorbed in aqueous media, air, and soil/
sediments? For aqueous fate and transport, conditions of interest under 
variable water quality conditions could include but are not limited to 
a broad range of pH (5-9), dissolved oxygen (2-10 mg/L), conductivity 
(0-50,000 [micro]S/cm), and temperature (0-30C).
     How do 6PPD and 6PPD-quinone react with water quality 
sampling equipment (i.e., water grab and passive samplers) such as 
resins, filtration media with plastic or silica-based tubs, caulking, 
or tubing (polytetrafluoroethylene--lined and others), deployment 
times, or flow rate meters?
    4. To gain a better understanding of 6PPD's uses, EPA is requesting 
information and data regarding other products that contain 6PPD and the 
potential for 6PPD and/or 6PPD-quinone contamination from these other 
sources, some of which are mentioned in Unit II.G. (sneakers, plumbing 
seals, elastics, etc).
    5. EPA is requesting information and data on successful water, air, 
soil, or sediment remediation and mitigation technologies that help 
reduce 6PPD and/or 6PPD-quinone exposure, such as green infrastructure, 
bioinfiltration basins, or technologies that capture TWP before they 
enter the environment, including methods that reduce 6PPD and/or 6PPD-
quinone bound to airborne particulate matter. EPA is interested in 
information on remediation technologies once 6PPD and/or 6PPD-quinone 
has entered the environment and the scalability and feasibility of 
implementing those remediation approaches for reducing 6PPD and/or 
6PPD-quinone in the environment.
    6. EPA is requesting information and data regarding the cost and 
efficacy of technologies for remediating water sources that have been 
contaminated with 6PPD and/or 6PPD-quinone. EPA is particularly 
interested in examples or case studies of remediation efforts that have 
addressed 6PPD and/or 6PPD-quinone contamination, and cost and efficacy 
comparisons with other remediation efforts.

E. What are the alternatives to 6PPD's use in tires?

    1. There are multiple efforts underway investigating potential 
alternatives to 6PPD in tires, many of which are summarized in Unit IV 
of this ANPRM. EPA is requesting information and data on potential 
alternatives and their associated transformation or degradation 
products, including those not identified in this ANPRM, that may 
replace 6PPD as an antiozonant in tires. In addition to identifying 
potential alternatives, EPA is requesting information and data on the 
following:
     What concentration of the potential alternative would be 
used during the tire manufacturing process and what concentration would 
be present in the finished tire? How would this vary across different 
types of tire use (e.g., car tires vs. large truck tires)?
     What are the degradation and transformation products of 
the potential alternative, how do they move through the environment 
(e.g., via TWP, road dust, etc.), and how are they absorbed in aqueous 
media, air, and soil/sediments once they're in the environment?
     What are the risks posed by potential alternatives to 6PPD 
on human health and the environment, including but not limited to 
hazard and toxicity effects of the parent and/or its transformation and 
degradation products on humans, aquatic and terrestrial species and 
ecosystems, and on air quality, greenhouse gas emissions, and potential 
disposal;
     What are relevant considerations to include when 
evaluating an alternative that might replace 6PPD in tires (e.g., the 
standards used to assess the efficacy of potential alternatives); 
 What is the durability of the alternative (how long would it 
last as an antidegradant in the tire) and what is its ability to 
protect tires from degradation compared to 6PPD;
     Are there any potential non-chemical alternatives to 6PPD, 
such as, but not limited to, bio-based alternatives, self-healing 
polymers, or making physical changes to the tire or 6PPD molecule that 
could result in less release into the environment of 6PPD or TWP; and
     Any other exposure information, properties, or 
considerations of the potential alternatives.
    2. More generally, EPA is requesting information and data on the 
potential challenges and timelines of transitioning to using an 
alternative to 6PPD as a tire antiozonant, such as:
     What is a timeframe for finding an alternative that 
presents no/less hazards than 6PPD?
     Once an alternative is identified, how long would it take 
for the alternative to be screened for feasibility in terms of its use 
in tires (e.g. ability to incorporate into manufacturing processes at 
large scale, ability to protect the tires from degradation)?
     What safety testing and approval processes need to occur 
on the alternative to ensure it passes federal highway safety 
regulations? What are the relevant timeframes for completing those 
processes?
     Once there is a feasible alternative that has passed 
initial safety screenings and is scalable, how might an extended 
phaseout be implemented to replace tires currently in use that contain 
6PPD with the new tires?
     How much time would be necessary for tire and rubber 
manufacturers to phase out and/or replace 6PPD as an antiozonant from 
their production cycle once a safe and feasible alternative was ready 
to be implemented?
     What is a reasonable timeframe to phase out existing 
stocks of 6PPD that have already been produced for use in tires? Can 
existing stocks of 6PPD that have not been added to tires yet be safely 
disposed of (include associated methodologies)?
     What is a reasonable timeframe to phase out existing 
stocks of 6PPD-containing tires?
     How can 6PPD-containing tires be disposed of or repurposed 
(include associated methodologies) and what are the potential impacts 
of such actions?
     What is a reasonable timeframe to phase out the need for 
further introduction into commerce of 6PPD-containing tires?
     What transition periods (e.g., 3, 5, 10 years) would be 
necessary and what would the likely associated impact be on the price 
or supply of tires and rubber products?
     If a ban on the use of 6PPD in tires were in place, how 
long would it take to replace all tires currently in use given the 
expected lifespan of current tires (7-10 years)? EPA is requesting 
information

[[Page 91309]]

and data regarding impacts on human health or the environment that 
might result from the phase out or restricted use of 6PPD as a tire 
additive and antiozonant (e.g., reduced tire safety, disposal issues 
due to more frequent changing of tires).
    3. EPA is requesting information and data on the economic 
considerations and tradeoffs of removing 6PPD from tires and switching 
to an alternative formulation, process, or chemical.
    4. EPA is requesting information and data based on actual releases 
to the environment of potential alternatives and their associated 
transformation products and degradants; including degree of 
contamination, and the cost and efficacy of the technologies available 
to remediate such contamination. Specifically, EPA is requesting, to 
the extent possible, information on the volumes, concentrations, 
locations, sources, and types of contamination from potential 
alternatives in water, soil, and air.

F. What actions could the Agency take under TSCA?

    As explained in this ANPRM, EPA is gathering information on a 
potential rulemaking. EPA requests comment on:
    1. If the Agency moves forward with a proposed rule after the ANPRM 
is published, what potential actions could EPA take under TSCA section 
6(a)? Potential options include:
     Regulate the manufacturing, processing, or distribution in 
commerce of the chemical, including a complete ban of any such activity 
or limiting the amounts of the chemical manufactured, distributed, and/
or included in tires;
     Regulate the manufacturing, processing, or distribution in 
commerce of the chemical for particular uses, including banning any 
such activity for a particular use; limiting the concentration of the 
chemical that may be used; or limiting the amounts of the chemical for 
particular uses;
     Require warning statements and/or instructions for use 
with respect to the chemical's use in tires and non-tire materials 
(e.g., rubber modified asphalt, sneakers, elastics, etc.), distribution 
in commerce, and/or disposal of the chemical or products containing the 
chemical;
     Require manufacturers/processors to make and retain such 
records of the manufacturing process and/or monitor or conduct tests to 
ensure compliance with a TSCA section 6 rule;
     Prohibiting or regulating any manner or method of 
commercial use of the chemical;
     Prohibit or regulate the disposal of the chemical; and
     Require manufacturers/processors to provide warnings to 
distributors or users and to replace or repurchase the chemical.
    2. TSCA provides EPA authority to select a combination of TSCA 
section 6(a) actions and limit the geographic application of a rule 
under TSCA section 6(a). EPA is requesting comment on whether, and if 
so, where EPA should consider limits to the geographical scope of any 
potential action under TSCA section 6(a)?
    3. TSCA section 9 provides that the EPA Administrator shall consult 
and coordinate with the heads of other appropriate federal executive 
departments or agencies to achieve maximum enforcement of TSCA, while 
imposing the least burden of duplicative requirements. The 
Administrator is also directed to coordinate actions taken under TSCA 
with actions taken under other federal laws administered by the EPA, 
such as the Resource Conservation and Recovery Act, the Clean Air Act 
and the Clean Water Act. Are there other statutory authorities 
administered by EPA that could be used to eliminate or reduce to a 
sufficient extent any risk identified?
    4. As discussed in Unit II.H., TSCA section 6(g) allows EPA to 
grant an exemption from a requirement of a TSCA section 6(a) rule for a 
specific condition of use of a chemical substance or mixture, if the 
Administrator finds that: the specific condition of use is a critical 
or essential use for which no technically and economically feasible 
safer alternative is available; compliance with the requirement, as 
applied with respect to the specific condition of use, would 
significantly disrupt the national economy, national security, or 
critical infrastructure; or the specific condition of use of the 
chemical substance or mixture, as compared to reasonably available 
alternatives, provides a substantial benefit to health, the 
environment, or public safety. What should EPA consider regarding a 
potential TSCA section 6(g) exemption for 6PPD use in tires? If so, 
what conditions may be necessary to protect health and the environment 
while achieving the purposes of an exemption?

IV. References

    The following is a list of the documents that are specifically 
referenced in this document. The docket includes these documents and 
other information considered by EPA, including documents that are 
referenced within the documents that are included in the docket, even 
if the referenced document is not physically located in the docket. For 
assistance in locating these other documents, please consult the 
technical person listed under FOR FURTHER INFORMATION CONTACT.

1. Earthjustice, ``Citizen Petition under TSCA section 21 to 
Prohibit 6PPD in Tires,'' August 1, 2023. [Online]. Available: 
https://www.epa.gov/system/files/documents/2023-08/TSCA%20Section%2021%20Petition%20to%20EPA%20re%206PPD%20in%20tires.pdf.
2. U.S. Tire Manufacturers Association (USTMA), ``Preliminary (Stage 
1) Alternatives Analysis Report Motor Vehicle Tires Containing N-
(1,3-dimethylbutyl)-N'-phenyl-p-phenylenediamine (6PPD),'' March 25, 
2024. [Online]. Available: https://www.ustires.org/sites/default/files/2024-03/USTMA%20Consortium%206PPD%20AA%20Preliminary%20Report_3-25-24.pdf.
3. U.S. EPA, ``Final EPA Response to Section 21 Petition Regarding 
N-(1,3-Dimethylbutyl)-N'-phenyl-p-phenylenediamine (CASRN 793-24-8, 
aka 6PPD) in Tires,'' November 2, 2023. [Online]. Available: https://www.epa.gov/system/files/documents/2023-11/pet-001845_tsca-21_petition_6ppd_decision_letter_esigned2023.11.2.pdf.
4. Oslo and Paris Convention (OSPAR) Commission, ``Hazardous 
Substances Series 4-(dimethylbutylamino)diphenylamine (6PPD),'' 2005 
(2006 Update). [Online]. Available: https://www.ospar.org/documents?v=7029.
5. PubChem, ``N-(1,3-Dimethylbutyl)-N'-phenyl-p-phenylenediamine 
(6PPD) Compound Summary,'' [Online]. Available: https://pubchem.ncbi.nlm.nih.gov/compound/13101. [Accessed July 2024].
6. P. Lewis, ``Effect of ozone on rubbers: Countermeasures and 
unsolved problems,'' Polymer Degradation and Stability, vol. 15, no. 
1, pp. 33-66, 1986.
7. Y. Jiang, C. Wang, L. Ma, T. Gao and Y. W[amacr]ng, 
``Environmental profiles, hazard identification, and toxicological 
hallmarks of emerging tire rubber-related contaminants 6PPD and 
6PPD-q,'' Environment International, vol. 187, May 2024.
8. M. Llompart, L. Sanchez-Prado, J.P. Lamas, C. Garcia-Jares, E. 
Roca and T. Dagnac, ``Hazardous organic chemicals in rubber recycled 
tire playgrounds and pavers,'' Chemosphere, vol. 90, no. 2, pp. 423-
431, August 22, 2012.
9. R. Massey and Z. Tian, ``6PPD in Tires: A concern for 
playgrounds, artificial turf, and more,'' Collaborative for Health 
and Environment, October 9, 2023. [Online]. Available: https://www.healthandenvironment.org/join-us/blog/6ppd-in-tires-a-concern-for-playgrounds-artificial-turf-and-more.
10. Joined Fortune Chemical, ``6PPD Rubber Antioxidant: 
Characteristics, Applications, Combinations, and

[[Page 91310]]

Considerations for Commercial Procurement,'' June 25, 2023. 
[Online]. Available: https://joinedfortunechemical.com/blogs/new/6ppd-rubber-antioxidant-characteristics-applications-combinations-and-considerations-for-commercial-procurement.
11. S. Varshney, A.H. Gora, P. Siriyappagouder, V. Kiron and P.A. 
Olsvik, ``Toxicological effects of 6PPD and 6PPD q in zebrafish 
larvae,'' Journal of Hazardous Materials, vol. 424, no. Part C, p. 
127623, February 15, 2022.
12. J.K. McIntyre, J. Prat, J. Cameron, J. Wetzel, E. Mudrock, K.T. 
Peter, Z. Tian, C. Mackenzie, J. Lundin, J.D. Stark, K. King, J.W. 
Davis, E.P. Kolodziej and N.L. Scholz, ``Treading Water: Tire Wear 
Particle Leachate Recreates an Urban Runoff Mortality Syndrome in 
Coho but Not Chum Salmon,'' Environmental Science and Technology, 
vol. 55, no. 17, p. 11767-11774, August 19, 2021.
13. X. Chen, T. He, X. Yang, Y. Gan, X. Qing, J. Wang and Y. Huang, 
``Analysis, environmental occurrence, fate and potential toxicity of 
tire wear compounds 6PPD and 6PPD-quinone,'' Journal of Hazardous 
Materials, vol. 452, no. 2023, p. 131245, June 15, 2023.
14. S. Wagner, T. H[uuml]ffer, P. Kl[ouml]ckner, M. Wehrhahn, T. 
Hofmann and T. Reemtsma, ``Tire wear particles in the aquatic 
environment--A review on generation, analysis, occurrence, fate and 
effects,'' Water Research, vol. 139, no. 2018, pp. 83-100, August 1, 
2018.
15. Y.J. Zhang, T.T. Xu, D.M. Ye, Z.Z. Lin, F. Wang and Y. Guo, 
``Widespread N-(1,3-Dimethylbutyl)-N'-phenyl-p-phenylenediamine 
Quinone in Size-Fractioned Atmospheric Particles and Dust of 
Different Indoor Environments,'' Environmental Science & Technology 
Letters, vol. 9, no. 5, pp. 420-425, April 25, 2022.
16. K. Hiki, K. Asahina, K. Kato, T. Yamagishi, R. Omagari, Y. 
Iwasaki, H. Watanabe and H. Yamamoto, ``Acute Toxicity of a Tire 
Rubber-Derived Chemical, 6PPD Quinone, to Freshwater Fish and 
Crustacean Species,'' Environmental Science & Technology Letters, 
vol. 8, no. 9, p. 779-784, August 10, 2021.
17. K. Hiki and H. Yamamoto, ``Concentration and leachability of N-
(1,3-dimethylbutyl)-N'-phenyl-p-phenylenediamine (6PPD) and its 
quinone transformation product (6PPD-Q) in road dust collected in 
Tokyo, Japan,'' Environmental Pollution, vol. 302, p. 119082, June 
1, 2022.
18. B. Seiwert, M. Nihemaiti, M. Troussier, S. Weyrauch and T. 
Reemtsma, ``Abiotic oxidative transformation of 6-PPD and 6-PPD 
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V. Statutory and Executive Order Reviews

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

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

    This action is not a significant regulatory action as defined in 
Executive Order 12866 (58 FR 51735, October 4, 1993), as amended by 
Executive Order 14094 (88 FR 21879, April 11, 2023), and was therefore 
not subject to a requirement for Executive Order 12866 review.

B. Other Regulatory Assessment Requirements

    Because this action does not impose or propose any requirements, 
the various other review requirements in statutes and Executive Orders 
that apply when an agency imposes or proposes requirements do not apply 
to this ANPRM. Should EPA subsequently determine to pursue a 
rulemaking, EPA will address the requirements in the statutes and 
executive orders as applicable to that rulemaking.

List of Subjects in 40 CFR Part 751

    Chemicals, Environmental protection, Exports, Hazardous substances, 
Imports, Reporting and recordkeeping requirements.

Michael S. Regan,
Administrator.
[FR Doc. 2024-26894 Filed 11-18-24; 8:45 am]
BILLING CODE P


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