Significant New Use Rule on Ethoxylated, Propoxylated Diamine Diaryl Substituted Phenylmethane Ester With Alkenylsuccinate, Dialkylethanolamine Salt, 25388-25392 [2013-10306]
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25388
Federal Register / Vol. 78, No. 84 / Wednesday, May 1, 2013 / Rules and Regulations
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[FR Doc. 2013–09952 Filed 4–30–13; 8:45 am]
BILLING CODE 4910–13–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 9 and 721
[EPA–HQ–OPPT–2011–0577; FRL–9385–1]
RIN 2070–AB27
Significant New Use Rule on
Ethoxylated, Propoxylated Diamine
Diaryl Substituted Phenylmethane
Ester With Alkenylsuccinate,
Dialkylethanolamine Salt
Environmental Protection
Agency (EPA).
ACTION: Final rule.
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AGENCY:
SUMMARY: EPA is finalizing a significant
new use rule (SNUR) under the Toxic
Substances Control Act (TSCA) for the
chemical substance identified
generically as ethoxylated, propoxylated
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FDC No.
diamine diaryl substituted
phenylmethane ester with
alkenylsuccinate, dialkylethanolamine
salt, which was the subject of
premanufacture notice (PMN) P–01–
384. This action requires persons who
intend to manufacture, import, or
process this chemical substance for an
activity that is designated as a
significant new use by this final rule to
notify EPA at least 90 days before
commencing that activity. The required
notification would provide EPA with
the opportunity to evaluate the intended
use and, if necessary, to prohibit or limit
the activity before it occurs.
DATES: This final rule is effective May
31, 2013.
ADDRESSES: The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPPT–2011–0577, is
available at https://www.regulations.gov
or at the Office of Pollution Prevention
and Toxics Docket (OPPT Docket),
Environmental Protection Agency
Docket Center (EPA/DC), EPA West
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Bldg., Rm. 3334, 1301 Constitution Ave.
NW., Washington, DC. The Public
Reading Room is open from 8:30 a.m. to
4:30 p.m., Monday through Friday,
excluding legal holidays. The telephone
number for the Public Reading Room is
(202) 566–1744, and the telephone
number for the OPPT Docket is (202)
566–0280. Please review the visitor
instructions and additional information
about the docket available at https://
www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
For technical information contact:
Kenneth Moss, Chemical Control
Division (7405M), Office of Pollution
Prevention and Toxics, Environmental
Protection Agency, 1200 Pennsylvania
Ave. NW., Washington, DC 20460–0001;
telephone number: (202) 564–9232;
email address: moss.kenneth@epa.gov.
For general information contact: The
TSCA-Hotline, ABVI-Goodwill, 422
South Clinton Ave., Rochester, NY
14620; telephone number: (202) 554–
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Federal Register / Vol. 78, No. 84 / Wednesday, May 1, 2013 / Rules and Regulations
1404; email address: TSCAHotline@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Does this action apply to me?
You may be potentially affected by
this action if you manufacture, import,
process, or use the chemical substance
generically identified as ethoxylated,
propoxylated diamine diaryl substituted
phenylmethane ester with
alkenylsuccinate, dialkylethanolamine
salt. The following list of North
American Industrial Classification
System (NAICS) codes is not intended
to be exhaustive, but rather provides a
guide to help readers determine whether
this document applies to them.
Potentially affected entities may
include:
• Manufacturers, importers, or
processors of one or more subject
chemical substances (NAICS codes 325
and 324110), e.g., chemical
manufacturing and petroleum refineries.
This action may also affect certain
entities through pre-existing import
certification and export notification
rules under TSCA. Chemical importers
are subject to the TSCA section 13 (15
U.S.C. 2612) import certification
requirements promulgated at 19 CFR
12.118 through 12.127 and 19 CFR
127.28. Chemical importers must certify
that the shipment of the chemical
substance complies with all applicable
rules and orders under TSCA. Importers
of chemicals subject to a final SNUR
must certify their compliance with the
SNUR requirements. The EPA policy in
support of import certification appears
at 40 CFR part 707, subpart B. In
addition, any persons who export or
intend to export a chemical substance
that is the subject of this final SNUR, are
subject to the export notification
provisions of TSCA section 12(b) (15
U.S.C. 2611(b)) (see § 721.20), and must
comply with the export notification
requirements in 40 CFR part 707,
subpart D.
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II. Background
A. What action is the Agency taking?
EPA is finalizing a significant new use
rule (SNUR) under section 5(a)(2) of
TSCA for the chemical substance
identified generically as ethoxylated,
propoxylated diamine diaryl substituted
phenylmethane ester with
alkenylsuccinate, dialkylethanolamine
salt, which was the subject of PMN P–
01–384. This final SNUR designates as
a significant new use the use of the
substance other than as an ink colorant,
as described in the amended PMN. This
action requires persons who intend to
manufacture, import, or process the
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chemical substance for an activity that
is designated as a significant new use to
notify EPA at least 90 days before
commencing that activity.
In the Federal Register of April 27,
2012 (77 FR 25236) (FRL–9343–4), EPA
issued a direct final SNUR on this
chemical substance in accordance with
the procedures at § 721.160(c)(3)(i). EPA
received notice of intent to submit
adverse comments on this SNUR.
Therefore, as required by
§ 721.160(c)(3)(ii), EPA withdrew the
direct final SNUR in the Federal
Register of July 25, 2012 (77 FR 43520)
(FRL–9356–1), and subsequently
proposed a SNUR on the chemical
substance using notice and comment
procedures in the Federal Register of
December 19, 2012 (77 FR 75085) (FRL–
9370–1). The record for the direct final
SNUR on this substance was established
as docket EPA–HQ–OPPT–2011–0577.
That record includes information
considered by the Agency in developing
the direct final rule and the proposed
rule.
EPA did not receive comments on the
proposed rule. However, during the
public comment period, the PMN
submitter relinquished the
confidentiality claim in the original
PMN on the use description of the PMN
substance. Therefore, EPA is issuing the
final rule on the chemical substance that
identifies, under § 721.80(j) in the
regulatory text, the specific use in the
PMN as an ink colorant.
B. What is the Agency’s authority for
taking this action?
Section 5(a)(2) of TSCA (15 U.S.C.
2604(a)(2)) authorizes EPA to determine
that a use of a chemical substance is a
‘‘significant new use.’’ EPA must make
this determination by rule after
considering all relevant factors,
including the four bulleted TSCA
section 5(a)(2) factors listed in Unit III.
Once EPA determines that a use of a
chemical substance is a significant new
use, TSCA section 5(a)(1)(B) requires
persons to submit a significant new use
notice (SNUN) to EPA at least 90 days
before they manufacture, import, or
process the chemical substance for that
use. Persons who must report are
described in § 721.5.
C. Applicability of General Provisions
General provisions for SNURs appear
in 40 CFR part 721, subpart A. These
provisions describe persons subject to
the final rule, recordkeeping
requirements, exemptions to reporting
requirements, and applicability of the
rule to uses occurring before the
effective date of the final rule.
Provisions relating to user fees appear at
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25389
40 CFR part 700. According to
§ 721.1(c), persons subject to these
SNURs must comply with the same
notice requirements and EPA regulatory
procedures as submitters of PMNs under
TSCA section 5(a)(1)(A). In particular,
these requirements include the
information submission requirements of
TSCA sections 5(b) and 5(d)(1), the
exemptions authorized by TSCA
sections 5(h)(1), (h)(2), (h)(3), and (h)(5),
and the regulations at 40 CFR part 720.
Once EPA receives a SNUN, EPA may
take regulatory action under TSCA
sections 5(e), 5(f), 6, or 7 to control the
activities for which it has received the
SNUN. If EPA does not take action, EPA
is required under TSCA section 5(g) to
explain in the Federal Register its
reasons for not taking action.
III. Significant New Use Determination
Section 5(a)(2) of TSCA states that
EPA’s determination that a use of a
chemical substance is a significant new
use must be made after consideration of
all relevant factors, including:
• The projected volume of
manufacturing and processing of a
chemical substance.
• The extent to which a use changes
the type or form of exposure of human
beings or the environment to a chemical
substance.
• The extent to which a use increases
the magnitude and duration of exposure
of human beings or the environment to
a chemical substance.
• The reasonably anticipated manner
and methods of manufacturing,
processing, distribution in commerce,
and disposal of a chemical substance.
In addition to these factors
enumerated in TSCA section 5(a)(2), the
statute authorized EPA to consider any
other relevant factors.
To determine what would constitute a
significant new use for the chemical
substance that is the subject of this final
SNUR, EPA considered relevant
information about the toxicity of the
chemical substance, likely human
exposures and environmental releases
associated with possible uses, and the
four bulleted TSCA section 5(a)(2)
factors listed in this unit.
IV. Rationale and Objectives of the
Final Rule
A. Rationale
During review of the PMN submitted
for the chemical substance generically
identified as ethoxylated, propoxylated
diamine diaryl substituted
phenylmethane ester with
alkenylsuccinate, dialkylethanolamine
salt, EPA determined that one or more
of the criteria of concern established at
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Federal Register / Vol. 78, No. 84 / Wednesday, May 1, 2013 / Rules and Regulations
§ 721.170 were met, as discussed in
Unit IV. of the proposed rule.
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B. Objectives
EPA is issuing this final SNUR for the
chemical substance generically
identified as ethoxylated, propoxylated
diamine diaryl substituted
phenylmethane ester with
alkenylsuccinate, dialkylethanolamine
salt, which has undergone
premanufacture review, because the
Agency wants to achieve the following
objectives with regard to the significant
new uses designated in this final rule:
• EPA will receive notice of any
person’s intent to manufacture, import,
or process a listed chemical substance
for the described significant new use
before that activity begins.
• EPA will have an opportunity to
review and evaluate data submitted in a
SNUN before the notice submitter
begins manufacturing, importing, or
processing a listed chemical substance
for the described significant new use.
• EPA will be able to regulate
prospective manufacturers, importers,
or processors of a listed chemical
substance before the described
significant new use of that chemical
substance occurs, provided that
regulation is warranted pursuant to
TSCA sections 5(e), 5(f), 6.
Issuance of a SNUR for a chemical
substance does not signify that the
chemical substance is listed on the
TSCA Chemical Substance Inventory
(TSCA Inventory). Guidance on how to
determine if a chemical substance is on
the TSCA Inventory is available on the
Internet at https://www.epa.gov/opptintr/
existingchemicals/pubs/tscainventory/
index.html.
V. Applicability of the Significant New
Use Designation
If uses begun after the proposed rule
was published were considered ongoing
rather than new, any person could
defeat the SNUR by initiating the
significant new use before the final rule
was issued. Therefore, EPA has
designated December 19, 2012 as the
cutoff date for determining whether the
new use is ongoing. Consult the Federal
Register document of April 24, 1990 (55
FR 17376) for a more detailed
discussion of the cutoff date for ongoing
uses.
Any person who began commercial
manufacture, import, or processing of
the chemical substance identified
generically as ethoxylated, propoxylated
diamine diaryl substituted
phenylmethane ester with
alkenylsuccinate, dialkylethanolamine
salt (PMN P–01–384) for any of the
significant new uses designated in the
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proposed SNUR after the date of
publication of the proposed SNUR, must
stop that activity before the effective
date of the final rule. Persons who
ceased those activities will have to first
comply with all applicable SNUR
notification requirements and wait until
the notice review period, including any
extensions, expires, before engaging in
any activities designated as significant
new uses. If a person were to meet the
conditions of advance compliance
under § 721.45(h), the person would be
considered to have met the
requirements of the final SNUR for
those activities.
VI. Test Data and Other Information
EPA recognizes that TSCA section 5
does not require developing any
particular test data before submission of
a SNUN. The two exceptions are:
1. Development of test data is
required where the chemical substance
subject to the SNUR is also subject to a
test rule under TSCA section 4 (see
TSCA section 5(b)(1)).
2. Development of test data may be
necessary where the chemical substance
has been listed under TSCA section
5(b)(4) (see TSCA section 5(b)(2)).
In the absence of a TSCA section 4
test rule or a TSCA section 5(b)(4)
listing covering the chemical substance,
persons are required only to submit test
data in their possession or control and
to describe any other data known to or
reasonably ascertainable by them (see
§ 720.50). However, upon review of
PMNs and SNUNs, the Agency has the
authority to require appropriate testing.
Recommended testing for this substance
were described in Unit IV. of the
proposed rule. Descriptions of tests are
provided for informational purposes.
EPA strongly encourages persons, before
performing any testing, to consult with
the Agency pertaining to protocol
selection.
SNUN submitters should be aware
that EPA will be better able to evaluate
SNUNs which provide detailed
information on the following:
• Human exposure and
environmental release that may result
from the significant new use of the
chemical substance.
• Potential benefits of the chemical
substance.
• Information on risks posed by the
chemical substance compared to risks
posed by potential substitutes.
VII. SNUN Submissions
According to § 721.1(c), persons
submitting a SNUN must comply with
the same notification requirements and
EPA regulatory procedures as persons
submitting a PMN, including
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submission of test data on health and
environmental effects as described in 40
CFR 720.50. SNUNs must be submitted
on EPA Form No. 7710–25, generated
using e-PMN software, and submitted to
the Agency in accordance with the
procedures set forth in § 720.40 and
§ 721.25. E–PMN software is available
electronically at https://www.epa.gov/
opptintr/newchems.
VIII. Economic Analysis
EPA has evaluated the potential costs
of establishing SNUN requirements for
potential manufacturers, importers, and
processors of the chemical substance
during the development of the direct
final rule. EPA’s complete economic
analysis is available in the docket under
docket ID number EPA–HQ–OPPT–
2011–0577.
IX. Statutory and Executive Order
Reviews
A. Executive Order 12866
This final rule establishes a SNUR for
a chemical substance that was the
subject of a PMN. The Office of
Management and Budget (OMB) has
exempted these types of actions from
review under Executive Order 12866,
entitled ‘‘Regulatory Planning and
Review’’ (58 FR 51735, October 4, 1993).
B. Paperwork Reduction Act (PRA)
According to PRA (44 U.S.C. 3501 et
seq.), an agency may not conduct or
sponsor, and a person is not required to
respond to a collection of information
that requires OMB approval under PRA,
unless it has been approved by OMB
and displays a currently valid OMB
control number. The OMB control
numbers for EPA’s regulations in title 40
of the CFR, after appearing in the
Federal Register, are listed in 40 CFR
part 9, and included on the related
collection instrument or form, if
applicable. EPA is amending the table in
40 CFR part 9 to list the OMB approval
number for the information collection
requirements contained in this final
rule. This listing of the OMB control
numbers and their subsequent
codification in the CFR satisfies the
display requirements of PRA and OMB’s
implementing regulations at 5 CFR part
1320. This Information Collection
Request (ICR) was previously subject to
public notice and comment prior to
OMB approval, and given the technical
nature of the table, EPA finds that
further notice and comment to amend it
is unnecessary. As a result, EPA finds
that there is ‘‘good cause’’ under section
553(b)(3)(B) of the Administrative
Procedure Act (5 U.S.C. 553(b)(3)(B)) to
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Federal Register / Vol. 78, No. 84 / Wednesday, May 1, 2013 / Rules and Regulations
amend this table without further notice
and comment.
The information collection
requirements related to this action have
already been approved by OMB
pursuant to PRA under OMB control
number 2070–0012 (EPA ICR No. 574).
This action does not impose any burden
requiring additional OMB approval. If
an entity were to submit a SNUN to the
Agency, the annual burden is estimated
to average between 30 and 170 hours
per response. This burden estimate
includes the time needed to review
instructions, search existing data
sources, gather and maintain the data
needed, and complete, review, and
submit the required SNUN.
Send any comments about the
accuracy of the burden estimate, and
any suggested methods for minimizing
respondent burden, including through
the use of automated collection
techniques, to the Director, Collection
Strategies Division, Office of
Environmental Information (2822T),
Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington,
DC 20460–0001. Please remember to
include the OMB control number in any
correspondence, but do not submit any
completed forms to this address.
C. Regulatory Flexibility Act (RFA)
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On February 18, 2012, EPA certified
pursuant to RFA section 605(b) (5 U.S.C.
601 et seq.), that promulgation of a
SNUR does not have a significant
economic impact on a substantial
number of small entities where the
following are true:
1. A significant number of SNUNs
would not be submitted by small
entities in response to the SNUR.
2. The SNUR submitted by any small
entity would not cost significantly more
than $8,300.
A copy of that certification is available
in the docket for this final rule.
This final rule is within the scope of
the February 18, 2012 certification.
Based on the Economic Analysis
discussed in Unit VIII. and EPA’s
experience promulgating SNURs
(discussed in the certification), EPA
believes that the following are true:
• A significant number of SNUNs
would not be submitted by small
entities in response to the SNUR.
• Submission of the SNUN would not
cost any small entity significantly more
than $8,300.
Therefore, the promulgation of the
SNUR would not have a significant
economic impact on a substantial
number of small entities.
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25391
D. Unfunded Mandates Reform Act
(UMRA)
I. National Technology Transfer and
Advancement Act (NTTAA)
Based on EPA’s experience with
proposing and finalizing SNURs, State,
local, and Tribal governments have not
been impacted by these rulemakings,
and EPA does not have any reasons to
believe that any State, local, or Tribal
government will be impacted by this
final rule. As such, EPA has determined
that this final rule does not impose any
enforceable duty, contain any unfunded
mandate, or otherwise have any effect
on small governments subject to the
requirements of UMRA sections 202,
203, 204, or 205 (2 U.S.C. 1501 et seq.).
In addition, since this action does not
involve any technical standards,
NTTAA section 12(d) (15 U.S.C. 272
note), does not apply to this action.
E. Executive Order 13132
This action will not have a substantial
direct effect on States, on the
relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132, entitled
‘‘Federalism’’ (64 FR 43255, August 10,
1999).
F. Executive Order 13175
This final rule does not have Tribal
implications because it is not expected
to have substantial direct effects on
Indian Tribes. This final rule does not
significantly nor uniquely affect the
communities of Indian Tribal
governments, nor does it involve or
impose any requirements that affect
Indian Tribes. Accordingly, the
requirements of Executive Order 13175,
entitled ‘‘Consultation and Coordination
with Indian Tribal Governments’’ (65 FR
67249, November 9, 2000), do not apply
to this final rule.
G. Executive Order 13045
This action is not subject to Executive
Order 13045, entitled ‘‘Protection of
Children from Environmental Health
Risks and Safety Risks’’ (62 FR 19885,
April 23, 1997), because this is not an
economically significant regulatory
action as defined by Executive Order
12866, and this action does not address
environmental health or safety risks
disproportionately affecting children.
H. Executive Order 13211
This action is not subject to Executive
Order 13211, entitled ‘‘Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May
22, 2001), because this action is not
expected to affect energy supply,
distribution, or use and because this
action is not a significant regulatory
action under Executive Order 12866.
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J. Executive Order 12898
This action does not entail special
considerations of environmental justice
related issues as delineated by
Executive Order 12898, entitled
‘‘Federal Actions to Address
Environmental Justice in Minority
Populations and Low-Income
Populations’’ (59 FR 7629, February 16,
1994).
X. Congressional Review Act (CRA)
Pursuant to the Congressional Review
Act (5 U.S.C. 801 et seq.), EPA will
submit a report containing this final rule
and other required information to the
U.S. Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of the rule in the Federal
Register. This action is not a ‘‘major
rule’’ as defined by 5 U.S.C. 804(2).
List of Subjects
40 CFR Part 9
Environmental protection, Reporting
and recordkeeping requirements.
40 CFR Part 721
Environmental protection, Chemicals,
Hazardous substances, Reporting and
recordkeeping requirements.
Dated: April 24, 2013.
Maria J. Doa,
Director, Chemical Control Division, Office
of Pollution Prevention and Toxics.
Therefore, 40 CFR parts 9 and 721 are
amended as follows:
PART 9—[AMENDED]
1. The authority citation for part 9
continues to read as follows:
■
Authority: 7 U.S.C. 135 et seq., 136–136y;
15 U.S.C. 2001, 2003, 2005, 2006, 2601–2671;
21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33
U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318,
1321, 1326, 1330, 1342, 1344, 1345(d) and
(e), 1361; E.O. 11735, 38 FR 21243, 3 CFR,
1971–1975 Comp. p. 973; 42 U.S.C. 241,
242b, 243, 246, 300f, 300g, 300g–1, 300g–2,
300g–3, 300g–4, 300g–5, 300g–6, 300j–1,
300j–2, 300j–3, 300j–4, 300j–9, 1857 et seq.,
6901–6992k, 7401–7671q, 7542, 9601–9657,
11023, 11048.
2. In § 9.1, add the following section
in numerical order under the
undesignated center heading
‘‘Significant New Uses of Chemical
Substances’’ to read as follows:
■
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Federal Register / Vol. 78, No. 84 / Wednesday, May 1, 2013 / Rules and Regulations
§ 9.1 OMB approvals under the Paperwork
Reduction Act.
*
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*
*
OMB Control
No.
40 CFR Citation
*
*
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*
*
[FR Doc. 2013–10306 Filed 4–30–13; 8:45 am]
BILLING CODE 6560–50–P
Significant New Uses of Chemical
Substances
*
*
*
*
721.10308 .............................
*
*
*
ENVIRONMENTAL PROTECTION
AGENCY
*
2070–0012
*
§ 721.125(a), (b), (c), and (i) are
applicable to manufacturers, importers,
and processors of this substance.
(2) Limitations or revocation of
certain notification requirements. The
provisions of § 721.185 apply to this
section.
40 CFR Part 98
[EPA–HQ–OAR–2011–0417; FRL–9806–7]
*
RIN 2060–AR74
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*
*
*
*
3. The authority citation for part 721
continues to read as follows:
Greenhouse Gas Reporting Rule:
Revision to Best Available Monitoring
Method Request Submission Deadline
for Petroleum and Natural Gas
Systems Source Category
Authority: 15 U.S.C. 2604, 2607, and
2625(c).
AGENCY:
PART 721—[AMENDED]
■
Environmental Protection
Agency (EPA).
ACTION: Final rule.
4. Add § 721.10308 to subpart E to
read as follows:
■
§ 721.10308 Ethoxylated, propoxylated
diamine diaryl substituted phenylmethane
ester with alkenylsuccinate,
dialkylethanolamine salt (generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as ethoxylated, propoxylated
diamine diaryl substituted
phenylmethane ester with
alkenylsuccinate, dialkylethanolamine
salt (PMN P–01–384) is subject to
reporting under this section for the
significant new uses described in
paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80(j) (ink colorant).
(ii) [Reserved]
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph.
(1) Recordkeeping. Recordkeeping
requirements as specified in
SUMMARY: The EPA is revising the
deadline by which owners or operators
of facilities subject to the petroleum and
natural gas systems source category of
the Greenhouse Gas Reporting Rule
must submit requests for use of best
available monitoring methods to the
Administrator. This revision does not
change any other requirements for
owners or operators as outlined in the
best available monitoring method rule
provisions.
This final rule is effective on
May 31, 2013.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–HQ–OAR–2011–0417. All
documents in the docket are listed in
the https://www.regulations.gov index.
Although listed in the index, some
information is not publicly available,
e.g., CBI or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
DATES:
the Internet and is publicly available
only in hard copy. Publicly available
docket materials are available either
electronically in https://
www.regulations.gov or in hard copy at
the Air Docket, EPA/DC, EPA West
Building, Room 3334, 1301 Constitution
Ave. NW., Washington, DC. This Docket
Facility is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding
legal holidays. The telephone number
for the Public Reading Room is (202)
566–1744, and the telephone number for
the Air Docket is (202) 566–1742.
FOR FURTHER INFORMATION CONTACT:
Carole Cook, Climate Change Division,
Office of Atmospheric Programs (MC–
6207J), Environmental Protection
Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460; telephone
number: (202) 343–9263; fax number:
(202) 343–2342; email address:
GHGReportingRule@epa.gov. For
technical information and
implementation materials, please go to
the Greenhouse Gas Reporting Rule
Program Web site at https://
www.epa.gov/ghgreporting/.
To submit a question, select Help
Center.
Worldwide Web (WWW). In addition
to being available in the docket, an
electronic copy of this final rule will
also be available through the WWW.
Following the Administrator’s signature,
a copy of this action will be posted on
the EPA’s Greenhouse Gas Reporting
Program Web site at https://
www.epa.gov/ghgreporting/reporters/
notices/.
SUPPLEMENTARY INFORMATION:
Regulated Entities. The Administrator
determined that this action is subject to
the provisions of Clean Air Act (CAA)
section 307(d). See CAA section
307(d)(1)(V) (the provisions of section
307(d) apply to ‘‘such other actions as
the Administrator may determine’’).
This final rule affects owners or
operators of petroleum and natural gas
systems. Regulated categories and
affected entities may include those
listed in Table 1 of this preamble:
TABLE 1—EXAMPLES OF AFFECTED ENTITIES BY CATEGORY
Category
NAICS
wreier-aviles on DSK5TPTVN1PROD with RULES
Petroleum and Natural Gas Systems ........................................................
Table 1 of this preamble is not
intended to be exhaustive, but rather
lists the types of facilities that the EPA
VerDate Mar<15>2010
14:02 Apr 30, 2013
Jkt 229001
486210
221210
211
211112
Examples of affected facilities
Pipeline transportation of natural gas.
Natural gas distribution facilities.
Extractors of crude petroleum and natural gas.
Natural gas liquid extraction facilities.
is now aware could be potentially
affected by the reporting requirements.
Other types of facilities not listed in the
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table could also be affected. To
determine whether you are affected by
this action, you should carefully
E:\FR\FM\01MYR1.SGM
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Agencies
[Federal Register Volume 78, Number 84 (Wednesday, May 1, 2013)]
[Rules and Regulations]
[Pages 25388-25392]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-10306]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 9 and 721
[EPA-HQ-OPPT-2011-0577; FRL-9385-1]
RIN 2070-AB27
Significant New Use Rule on Ethoxylated, Propoxylated Diamine
Diaryl Substituted Phenylmethane Ester With Alkenylsuccinate,
Dialkylethanolamine Salt
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is finalizing a significant new use rule (SNUR) under the
Toxic Substances Control Act (TSCA) for the chemical substance
identified generically as ethoxylated, propoxylated diamine diaryl
substituted phenylmethane ester with alkenylsuccinate,
dialkylethanolamine salt, which was the subject of premanufacture
notice (PMN) P-01-384. This action requires persons who intend to
manufacture, import, or process this chemical substance for an activity
that is designated as a significant new use by this final rule to
notify EPA at least 90 days before commencing that activity. The
required notification would provide EPA with the opportunity to
evaluate the intended use and, if necessary, to prohibit or limit the
activity before it occurs.
DATES: This final rule is effective May 31, 2013.
ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPPT-2011-0577, is available at
https://www.regulations.gov or at the Office of Pollution Prevention and
Toxics Docket (OPPT Docket), Environmental Protection Agency Docket
Center (EPA/DC), EPA West Bldg., Rm. 3334, 1301 Constitution Ave. NW.,
Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding legal holidays. The telephone
number for the Public Reading Room is (202) 566-1744, and the telephone
number for the OPPT Docket is (202) 566-0280. Please review the visitor
instructions and additional information about the docket available at
https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
For technical information contact: Kenneth Moss, Chemical Control
Division (7405M), Office of Pollution Prevention and Toxics,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460-0001; telephone number: (202) 564-9232; email
address: moss.kenneth@epa.gov.
For general information contact: The TSCA-Hotline, ABVI-Goodwill,
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202)
554-
[[Page 25389]]
1404; email address: TSCA-Hotline@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Does this action apply to me?
You may be potentially affected by this action if you manufacture,
import, process, or use the chemical substance generically identified
as ethoxylated, propoxylated diamine diaryl substituted phenylmethane
ester with alkenylsuccinate, dialkylethanolamine salt. The following
list of North American Industrial Classification System (NAICS) codes
is not intended to be exhaustive, but rather provides a guide to help
readers determine whether this document applies to them. Potentially
affected entities may include:
Manufacturers, importers, or processors of one or more
subject chemical substances (NAICS codes 325 and 324110), e.g.,
chemical manufacturing and petroleum refineries.
This action may also affect certain entities through pre-existing
import certification and export notification rules under TSCA. Chemical
importers are subject to the TSCA section 13 (15 U.S.C. 2612) import
certification requirements promulgated at 19 CFR 12.118 through 12.127
and 19 CFR 127.28. Chemical importers must certify that the shipment of
the chemical substance complies with all applicable rules and orders
under TSCA. Importers of chemicals subject to a final SNUR must certify
their compliance with the SNUR requirements. The EPA policy in support
of import certification appears at 40 CFR part 707, subpart B. In
addition, any persons who export or intend to export a chemical
substance that is the subject of this final SNUR, are subject to the
export notification provisions of TSCA section 12(b) (15 U.S.C.
2611(b)) (see Sec. 721.20), and must comply with the export
notification requirements in 40 CFR part 707, subpart D.
II. Background
A. What action is the Agency taking?
EPA is finalizing a significant new use rule (SNUR) under section
5(a)(2) of TSCA for the chemical substance identified generically as
ethoxylated, propoxylated diamine diaryl substituted phenylmethane
ester with alkenylsuccinate, dialkylethanolamine salt, which was the
subject of PMN P-01-384. This final SNUR designates as a significant
new use the use of the substance other than as an ink colorant, as
described in the amended PMN. This action requires persons who intend
to manufacture, import, or process the chemical substance for an
activity that is designated as a significant new use to notify EPA at
least 90 days before commencing that activity.
In the Federal Register of April 27, 2012 (77 FR 25236) (FRL-9343-
4), EPA issued a direct final SNUR on this chemical substance in
accordance with the procedures at Sec. 721.160(c)(3)(i). EPA received
notice of intent to submit adverse comments on this SNUR. Therefore, as
required by Sec. 721.160(c)(3)(ii), EPA withdrew the direct final SNUR
in the Federal Register of July 25, 2012 (77 FR 43520) (FRL-9356-1),
and subsequently proposed a SNUR on the chemical substance using notice
and comment procedures in the Federal Register of December 19, 2012 (77
FR 75085) (FRL-9370-1). The record for the direct final SNUR on this
substance was established as docket EPA-HQ-OPPT-2011-0577. That record
includes information considered by the Agency in developing the direct
final rule and the proposed rule.
EPA did not receive comments on the proposed rule. However, during
the public comment period, the PMN submitter relinquished the
confidentiality claim in the original PMN on the use description of the
PMN substance. Therefore, EPA is issuing the final rule on the chemical
substance that identifies, under Sec. 721.80(j) in the regulatory
text, the specific use in the PMN as an ink colorant.
B. What is the Agency's authority for taking this action?
Section 5(a)(2) of TSCA (15 U.S.C. 2604(a)(2)) authorizes EPA to
determine that a use of a chemical substance is a ``significant new
use.'' EPA must make this determination by rule after considering all
relevant factors, including the four bulleted TSCA section 5(a)(2)
factors listed in Unit III. Once EPA determines that a use of a
chemical substance is a significant new use, TSCA section 5(a)(1)(B)
requires persons to submit a significant new use notice (SNUN) to EPA
at least 90 days before they manufacture, import, or process the
chemical substance for that use. Persons who must report are described
in Sec. 721.5.
C. Applicability of General Provisions
General provisions for SNURs appear in 40 CFR part 721, subpart A.
These provisions describe persons subject to the final rule,
recordkeeping requirements, exemptions to reporting requirements, and
applicability of the rule to uses occurring before the effective date
of the final rule. Provisions relating to user fees appear at 40 CFR
part 700. According to Sec. 721.1(c), persons subject to these SNURs
must comply with the same notice requirements and EPA regulatory
procedures as submitters of PMNs under TSCA section 5(a)(1)(A). In
particular, these requirements include the information submission
requirements of TSCA sections 5(b) and 5(d)(1), the exemptions
authorized by TSCA sections 5(h)(1), (h)(2), (h)(3), and (h)(5), and
the regulations at 40 CFR part 720. Once EPA receives a SNUN, EPA may
take regulatory action under TSCA sections 5(e), 5(f), 6, or 7 to
control the activities for which it has received the SNUN. If EPA does
not take action, EPA is required under TSCA section 5(g) to explain in
the Federal Register its reasons for not taking action.
III. Significant New Use Determination
Section 5(a)(2) of TSCA states that EPA's determination that a use
of a chemical substance is a significant new use must be made after
consideration of all relevant factors, including:
The projected volume of manufacturing and processing of a
chemical substance.
The extent to which a use changes the type or form of
exposure of human beings or the environment to a chemical substance.
The extent to which a use increases the magnitude and
duration of exposure of human beings or the environment to a chemical
substance.
The reasonably anticipated manner and methods of
manufacturing, processing, distribution in commerce, and disposal of a
chemical substance.
In addition to these factors enumerated in TSCA section 5(a)(2),
the statute authorized EPA to consider any other relevant factors.
To determine what would constitute a significant new use for the
chemical substance that is the subject of this final SNUR, EPA
considered relevant information about the toxicity of the chemical
substance, likely human exposures and environmental releases associated
with possible uses, and the four bulleted TSCA section 5(a)(2) factors
listed in this unit.
IV. Rationale and Objectives of the Final Rule
A. Rationale
During review of the PMN submitted for the chemical substance
generically identified as ethoxylated, propoxylated diamine diaryl
substituted phenylmethane ester with alkenylsuccinate,
dialkylethanolamine salt, EPA determined that one or more of the
criteria of concern established at
[[Page 25390]]
Sec. [emsp14]721.170 were met, as discussed in Unit IV. of the
proposed rule.
B. Objectives
EPA is issuing this final SNUR for the chemical substance
generically identified as ethoxylated, propoxylated diamine diaryl
substituted phenylmethane ester with alkenylsuccinate,
dialkylethanolamine salt, which has undergone premanufacture review,
because the Agency wants to achieve the following objectives with
regard to the significant new uses designated in this final rule:
EPA will receive notice of any person's intent to
manufacture, import, or process a listed chemical substance for the
described significant new use before that activity begins.
EPA will have an opportunity to review and evaluate data
submitted in a SNUN before the notice submitter begins manufacturing,
importing, or processing a listed chemical substance for the described
significant new use.
EPA will be able to regulate prospective manufacturers,
importers, or processors of a listed chemical substance before the
described significant new use of that chemical substance occurs,
provided that regulation is warranted pursuant to TSCA sections 5(e),
5(f), 6.
Issuance of a SNUR for a chemical substance does not signify that
the chemical substance is listed on the TSCA Chemical Substance
Inventory (TSCA Inventory). Guidance on how to determine if a chemical
substance is on the TSCA Inventory is available on the Internet at
https://www.epa.gov/opptintr/existingchemicals/pubs/tscainventory/.
V. Applicability of the Significant New Use Designation
If uses begun after the proposed rule was published were considered
ongoing rather than new, any person could defeat the SNUR by initiating
the significant new use before the final rule was issued. Therefore,
EPA has designated December 19, 2012 as the cutoff date for determining
whether the new use is ongoing. Consult the Federal Register document
of April 24, 1990 (55 FR 17376) for a more detailed discussion of the
cutoff date for ongoing uses.
Any person who began commercial manufacture, import, or processing
of the chemical substance identified generically as ethoxylated,
propoxylated diamine diaryl substituted phenylmethane ester with
alkenylsuccinate, dialkylethanolamine salt (PMN P-01-384) for any of
the significant new uses designated in the proposed SNUR after the date
of publication of the proposed SNUR, must stop that activity before the
effective date of the final rule. Persons who ceased those activities
will have to first comply with all applicable SNUR notification
requirements and wait until the notice review period, including any
extensions, expires, before engaging in any activities designated as
significant new uses. If a person were to meet the conditions of
advance compliance under Sec. [emsp14]721.45(h), the person would be
considered to have met the requirements of the final SNUR for those
activities.
VI. Test Data and Other Information
EPA recognizes that TSCA section 5 does not require developing any
particular test data before submission of a SNUN. The two exceptions
are:
1. Development of test data is required where the chemical
substance subject to the SNUR is also subject to a test rule under TSCA
section 4 (see TSCA section 5(b)(1)).
2. Development of test data may be necessary where the chemical
substance has been listed under TSCA section 5(b)(4) (see TSCA section
5(b)(2)).
In the absence of a TSCA section 4 test rule or a TSCA section
5(b)(4) listing covering the chemical substance, persons are required
only to submit test data in their possession or control and to describe
any other data known to or reasonably ascertainable by them (see Sec.
720.50). However, upon review of PMNs and SNUNs, the Agency has the
authority to require appropriate testing. Recommended testing for this
substance were described in Unit IV. of the proposed rule. Descriptions
of tests are provided for informational purposes. EPA strongly
encourages persons, before performing any testing, to consult with the
Agency pertaining to protocol selection.
SNUN submitters should be aware that EPA will be better able to
evaluate SNUNs which provide detailed information on the following:
Human exposure and environmental release that may result
from the significant new use of the chemical substance.
Potential benefits of the chemical substance.
Information on risks posed by the chemical substance
compared to risks posed by potential substitutes.
VII. SNUN Submissions
According to Sec. [emsp14]721.1(c), persons submitting a SNUN must
comply with the same notification requirements and EPA regulatory
procedures as persons submitting a PMN, including submission of test
data on health and environmental effects as described in 40 CFR 720.50.
SNUNs must be submitted on EPA Form No. 7710-25, generated using e-PMN
software, and submitted to the Agency in accordance with the procedures
set forth in Sec. 720.40 and Sec. 721.25. E-PMN software is available
electronically at https://www.epa.gov/opptintr/newchems.
VIII. Economic Analysis
EPA has evaluated the potential costs of establishing SNUN
requirements for potential manufacturers, importers, and processors of
the chemical substance during the development of the direct final rule.
EPA's complete economic analysis is available in the docket under
docket ID number EPA-HQ-OPPT-2011-0577.
IX. Statutory and Executive Order Reviews
A. Executive Order 12866
This final rule establishes a SNUR for a chemical substance that
was the subject of a PMN. The Office of Management and Budget (OMB) has
exempted these types of actions from review under Executive Order
12866, entitled ``Regulatory Planning and Review'' (58 FR 51735,
October 4, 1993).
B. Paperwork Reduction Act (PRA)
According to PRA (44 U.S.C. 3501 et seq.), an agency may not
conduct or sponsor, and a person is not required to respond to a
collection of information that requires OMB approval under PRA, unless
it has been approved by OMB and displays a currently valid OMB control
number. The OMB control numbers for EPA's regulations in title 40 of
the CFR, after appearing in the Federal Register, are listed in 40 CFR
part 9, and included on the related collection instrument or form, if
applicable. EPA is amending the table in 40 CFR part 9 to list the OMB
approval number for the information collection requirements contained
in this final rule. This listing of the OMB control numbers and their
subsequent codification in the CFR satisfies the display requirements
of PRA and OMB's implementing regulations at 5 CFR part 1320. This
Information Collection Request (ICR) was previously subject to public
notice and comment prior to OMB approval, and given the technical
nature of the table, EPA finds that further notice and comment to amend
it is unnecessary. As a result, EPA finds that there is ``good cause''
under section 553(b)(3)(B) of the Administrative Procedure Act (5
U.S.C. 553(b)(3)(B)) to
[[Page 25391]]
amend this table without further notice and comment.
The information collection requirements related to this action have
already been approved by OMB pursuant to PRA under OMB control number
2070-0012 (EPA ICR No. 574). This action does not impose any burden
requiring additional OMB approval. If an entity were to submit a SNUN
to the Agency, the annual burden is estimated to average between 30 and
170 hours per response. This burden estimate includes the time needed
to review instructions, search existing data sources, gather and
maintain the data needed, and complete, review, and submit the required
SNUN.
Send any comments about the accuracy of the burden estimate, and
any suggested methods for minimizing respondent burden, including
through the use of automated collection techniques, to the Director,
Collection Strategies Division, Office of Environmental Information
(2822T), Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460-0001. Please remember to include the OMB control
number in any correspondence, but do not submit any completed forms to
this address.
C. Regulatory Flexibility Act (RFA)
On February 18, 2012, EPA certified pursuant to RFA section 605(b)
(5 U.S.C. 601 et seq.), that promulgation of a SNUR does not have a
significant economic impact on a substantial number of small entities
where the following are true:
1. A significant number of SNUNs would not be submitted by small
entities in response to the SNUR.
2. The SNUR submitted by any small entity would not cost
significantly more than $8,300.
A copy of that certification is available in the docket for this final
rule.
This final rule is within the scope of the February 18, 2012
certification. Based on the Economic Analysis discussed in Unit VIII.
and EPA's experience promulgating SNURs (discussed in the
certification), EPA believes that the following are true:
A significant number of SNUNs would not be submitted by
small entities in response to the SNUR.
Submission of the SNUN would not cost any small entity
significantly more than $8,300.
Therefore, the promulgation of the SNUR would not have a significant
economic impact on a substantial number of small entities.
D. Unfunded Mandates Reform Act (UMRA)
Based on EPA's experience with proposing and finalizing SNURs,
State, local, and Tribal governments have not been impacted by these
rulemakings, and EPA does not have any reasons to believe that any
State, local, or Tribal government will be impacted by this final rule.
As such, EPA has determined that this final rule does not impose any
enforceable duty, contain any unfunded mandate, or otherwise have any
effect on small governments subject to the requirements of UMRA
sections 202, 203, 204, or 205 (2 U.S.C. 1501 et seq.).
E. Executive Order 13132
This action will not have a substantial direct effect on States, on
the relationship between the national government and the States, or on
the distribution of power and responsibilities among the various levels
of government, as specified in Executive Order 13132, entitled
``Federalism'' (64 FR 43255, August 10, 1999).
F. Executive Order 13175
This final rule does not have Tribal implications because it is not
expected to have substantial direct effects on Indian Tribes. This
final rule does not significantly nor uniquely affect the communities
of Indian Tribal governments, nor does it involve or impose any
requirements that affect Indian Tribes. Accordingly, the requirements
of Executive Order 13175, entitled ``Consultation and Coordination with
Indian Tribal Governments'' (65 FR 67249, November 9, 2000), do not
apply to this final rule.
G. Executive Order 13045
This action is not subject to Executive Order 13045, entitled
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), because this is not an
economically significant regulatory action as defined by Executive
Order 12866, and this action does not address environmental health or
safety risks disproportionately affecting children.
H. Executive Order 13211
This action is not subject to Executive Order 13211, entitled
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001), because
this action is not expected to affect energy supply, distribution, or
use and because this action is not a significant regulatory action
under Executive Order 12866.
I. National Technology Transfer and Advancement Act (NTTAA)
In addition, since this action does not involve any technical
standards, NTTAA section 12(d) (15 U.S.C. 272 note), does not apply to
this action.
J. Executive Order 12898
This action does not entail special considerations of environmental
justice related issues as delineated by Executive Order 12898, entitled
``Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations'' (59 FR 7629, February 16,
1994).
X. Congressional Review Act (CRA)
Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.),
EPA will submit a report containing this final rule and other required
information to the U.S. Senate, the U.S. House of Representatives, and
the Comptroller General of the United States prior to publication of
the rule in the Federal Register. This action is not a ``major rule''
as defined by 5 U.S.C. 804(2).
List of Subjects
40 CFR Part 9
Environmental protection, Reporting and recordkeeping requirements.
40 CFR Part 721
Environmental protection, Chemicals, Hazardous substances,
Reporting and recordkeeping requirements.
Dated: April 24, 2013.
Maria J. Doa,
Director, Chemical Control Division, Office of Pollution Prevention and
Toxics.
Therefore, 40 CFR parts 9 and 721 are amended as follows:
PART 9--[AMENDED]
0
1. The authority citation for part 9 continues to read as follows:
Authority: 7 U.S.C. 135 et seq., 136-136y; 15 U.S.C. 2001, 2003,
2005, 2006, 2601-2671; 21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33
U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318, 1321, 1326, 1330,
1342, 1344, 1345(d) and (e), 1361; E.O. 11735, 38 FR 21243, 3 CFR,
1971-1975 Comp. p. 973; 42 U.S.C. 241, 242b, 243, 246, 300f, 300g,
300g-1, 300g-2, 300g-3, 300g-4, 300g-5, 300g-6, 300j-1, 300j-2,
300j-3, 300j-4, 300j-9, 1857 et seq., 6901-6992k, 7401-7671q, 7542,
9601-9657, 11023, 11048.
0
2. In Sec. [emsp14]9.1, add the following section in numerical order
under the undesignated center heading ``Significant New Uses of
Chemical Substances'' to read as follows:
[[Page 25392]]
Sec. [emsp14]9.1 OMB approvals under the Paperwork Reduction Act.
* * * * *
------------------------------------------------------------------------
OMB Control
40 CFR Citation No.
------------------------------------------------------------------------
* * * * *
------------------------------------------------------------------------
Significant New Uses of Chemical Substances
------------------------------------------------------------------------
* * * * *
------------------------------------------------------------------------
721.10308............................................... 2070-0012
* * * * *
------------------------------------------------------------------------
* * * * *
PART 721--[AMENDED]
0
3. The authority citation for part 721 continues to read as follows:
Authority: 15 U.S.C. 2604, 2607, and 2625(c).
0
4. Add Sec. [emsp14]721.10308 to subpart E to read as follows:
Sec. 721.10308 Ethoxylated, propoxylated diamine diaryl substituted
phenylmethane ester with alkenylsuccinate, dialkylethanolamine salt
(generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
ethoxylated, propoxylated diamine diaryl substituted phenylmethane
ester with alkenylsuccinate, dialkylethanolamine salt (PMN P-01-384) is
subject to reporting under this section for the significant new uses
described in paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(j) (ink colorant).
(ii) [Reserved]
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph.
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a), (b), (c), and (i) are applicable to manufacturers,
importers, and processors of this substance.
(2) Limitations or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
[FR Doc. 2013-10306 Filed 4-30-13; 8:45 am]
BILLING CODE 6560-50-P