Modification of Significant New Uses of 1-Propene, 2,3,3,3-tetrafluoro-, 65570-65573 [2013-25981]
Download as PDF
<![CDATA[
65570
Federal Register / Vol. 78, No. 212 / Friday, November 1, 2013 / Rules and Regulations
Agency consideration of voluntary
consensus standards pursuant to section
12(d) of the National Technology
Transfer and Advancement Act of 1995
(NTTAA) (15 U.S.C. 272 note).
VII. Congressional Review Act
Pursuant to the Congressional Review
Act (5 U.S.C. 801 et seq.), EPA will
submit a report containing this rule and
other required information to the U.S.
Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of the rule in the Federal
Register. This action is not a ‘‘major
rule’’ as defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 180
Environmental protection,
Administrative practice and procedure,
Agricultural commodities, Pesticides
and pests, Reporting and recordkeeping
requirements.
ehiers on DSK2VPTVN1PROD with RULES
Dated: October 17, 2013.
Lois Rossi,
Director, Registration Division, Office of
Pesticide Programs.
Washington, DC 20460–0001; telephone
number: (202) 564–8974; email address:
alwood.jim@epa.gov.
*
*
*
*
*
For general information contact: The
TSCA-Hotline, ABVI-Goodwill, 422
Watermelon ..............................
0.025
South Clinton Ave., Rochester, NY
14620; telephone number: (202) 554–
*
*
*
*
*
1404; email address: TSCA-Hotline@
[FR Doc. 2013–25984 Filed 10–31–13; 8:45 am]
epa.gov.
BILLING CODE 6560–50–P
Parts per
million
Commodity
SUPPLEMENTARY INFORMATION:
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 721
[EPA–HQ–OPPT–2008–0918; FRL–9901–97]
RIN 2070–AB27
Modification of Significant New Uses
of 1-Propene, 2,3,3,3-tetrafluoroEnvironmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
Under the Toxic Substances
Control Act (TSCA), EPA is finalizing an
amendment to the significant new use
Therefore, 40 CFR chapter I is
rule (SNUR) for the chemical substance
amended as follows:
identified as 1-Propene, 2,3,3,3tetrafluoro-, which was the subject of
PART 180—[AMENDED]
premanufacture notice (PMN) P–07–
601. This action amends the SNUR to
■ 1. The authority citation for part 180
allow the manufacture and processing
continues to read as follows:
for certain uses without requiring a
Authority: 21 U.S.C. 321(q), 346a and 371.
significant new use notice (SNUN). EPA
■ 2. In § 180.433, add alphabetically the
is finalizing this amendment based on
following commodities to the table in
review of newly submitted exposure
paragraph (a) to read as follows:
and toxicity data.
DATES: This final rule is effective
§ 180.433 Fomesafen; tolerance for
December 2, 2013.
residues.
ADDRESSES: The docket for this action,
(a) General. * * *
identified by docket identification (ID)
Parts per
number EPA–HQ–OPPT–2008–0918 is
Commodity
million
available at https://www.regulations.gov
or at the Office of Pollution Prevention
and Toxics Docket (OPPT Docket),
*
*
*
*
*
Environmental Protection Agency
Bean, lima, succulent ...............
0.05 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
Cantaloupe ...............................
0.025 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
Cucumber .................................
0.025
Pea, succulent ..........................
0.025 number for the OPPT Docket is (202)
566–0280. Please review the visitor
instructions and additional information
*
*
*
*
*
about the docket available at https://
Pumpkin ....................................
0.025 www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT: For
*
*
*
*
*
technical information contact: Jim
Soybean, vegetable, succulent
0.05 Alwood, Chemical Control Division
Squash, summer ......................
0.025 (7405M), Office of Pollution Prevention
Squash, winter ..........................
0.025 and Toxics, Environmental Protection
Agency, 1200 Pennsylvania Ave. NW.,
VerDate Mar<15>2010
15:07 Oct 31, 2013
Jkt 232001
SUMMARY:
PO 00000
Frm 00056
Fmt 4700
Sfmt 4700
I. Does this action apply to me?
You may be potentially affected by
this action if you manufacture, process,
or use the chemical substance identified
as 1-Propene, 2,3,3,3-tetrafluoro- (PMN
P–07–601). Potentially affected entities
may include, but are not limited to:
• Manufacturers or processors of the
subject chemical substance (NAICS
codes 325 and 324110), e.g., chemical
manufacturers and petroleum refineries.
This listing is not intended to be
exhaustive, but rather provides a guide
for readers regarding entities likely to be
affected by this action. Other types of
entities not listed in this unit could also
be affected. The North American
Industrial Classification System
(NAICS) codes have been provided to
assist you and others in determining
whether this action might apply to
certain entities. To determine whether
you or your business may be affected by
this action, you should carefully
examine the applicability provisions in
§ 721.5. If you have any questions
regarding the applicability of this action
to a particular entity, consult the
technical person listed under FOR
FURTHER INFORMATION CONTACT.
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 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 the chemical substance
that is the subject of a proposed or 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.
E:\FR\FM\01NOR1.SGM
01NOR1
Federal Register / Vol. 78, No. 212 / Friday, November 1, 2013 / Rules and Regulations
ehiers on DSK2VPTVN1PROD with RULES
II. Background
A. What action is the agency taking?
EPA is finalizing an amendment to
the SNUR for the chemical substance
identified as 1-Propene, 2,3,3,3tetrafluoro-, (PMN P–07–601; CAS No.
754–12–1; which is also identified by
the trade name HFO–1234yf), codified
at 40 CFR 721.10182. This final action
removes the requirement to notify EPA
at least 90 days prior to the manufacture
or processing of the chemical substance
for the consumer use to recharge the
motor vehicle air conditioning systems
in passenger cars and vehicles in which
the original charging of motor vehicle
air conditioning systems with the PMN
substance was done by the motor
vehicle.
This rule was proposed in the Federal
Register issue of May 31, 2013 (78 FR
32617) (FRL–9387–7). EPA received
three public comments supporting the
proposed modification. One of the
commenters also noted a potential
ambiguity in the proposed regulatory
text. Part of the proposed regulatory text
would identify a significant new use as
‘‘use in consumer products other than
products used to recharge the motor
vehicle air conditioning systems in
passenger cars and vehicles in which
the charging of motor vehicle air
conditioning systems with the PMN
substance was done by the motor
vehicle original equipment
manufacturer (OEM)’’. The commenter
stated this could be construed to allow
only one recharge of automotive air
conditioning systems originally charged
with HFO–1234yf. To clarify this
ambiguity the commenter suggested
revising the proposed text to ‘‘use in
consumer products other than products
used to recharge the motor vehicle air
conditioning systems in passenger cars
and vehicles in which the original
charging of motor vehicle air
conditioning systems with the PMN
substance was done by the motor
vehicle OEM’’ (the proposed revision is
in italics). The commenter also
suggested a similar change to the
regulatory text for the significant new
use designation for commercial use.
EPA agrees with this clarification that
the regulatory text is not intended to
allow only one recharge of automotive
air conditioning systems originally
charged with HFO–1234yf. Therefore,
the Agency is issuing a final amended
SNUR, that:
1. No longer requires notification
prior to the manufacture or processing
for the consumer use to recharge the
motor vehicle air conditioning systems
in passenger cars and vehicles in which
the original charging of motor vehicle
VerDate Mar<15>2010
15:07 Oct 31, 2013
Jkt 232001
air conditioning systems with the PMN
substance was done by the motor
vehicle OEM.
2. Clarifies the language in the
regulatory text that manufacture and
processing for use as a refrigerant in
motor vehicle air conditioning systems
in new passenger cars and vehicles as
reported in the original PMN is not a
significant new use.
3. Clarifies the language in the
regulatory text for commercial and
consumer use that it is not intended to
allow only one recharge of automotive
air conditioning systems originally
charged with HFO–1234yf.
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 IV.
of this document. 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 or process the chemical
substance for that use. Persons who
must report are described in § 721.5.
III. Rationale for the Rule
During review of PMN P–07–601, the
chemical substance identified as 1Propene, 2,3,3,3-tetrafluoro-, EPA
determined that one or more of the
criteria of concern established at
§ 721.170 were met and regulation
under section 5(a)(2) of TSCA was
warranted. The basis for such criteria of
concern is outlined in Unit II.A. of the
proposed rule and in the Federal
Register document of June 26, 1990 (55
FR 26102). Based on these findings, a
SNUR was promulgated pursuant to
§ 721.170.
After the review of new test data and
information subsequent to issuance of
the SNUR (see Unit II.A of the proposed
rule), and consideration of the factors
included in TSCA section 5(a)(2) (see
Unit IV.), EPA determined that the
concern criteria in § 721.170(b) are no
longer met for the consumer use in the
recharge of motor vehicle air
conditioning systems originally charged
with the PMN substance by the motor
vehicle OEM.
IV. 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
PO 00000
Frm 00057
Fmt 4700
Sfmt 4700
65571
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 authorizes EPA to consider any
other relevant factors. To determine that
the consumer use in the recharge of
motor vehicle air conditioning systems
originally charged with the PMN
substance by the motor vehicle OEM
would not constitute a significant new
use for the chemical substance
identified as 1-Propene, 2,3,3,3tetrafluoro-, (PMN P–07–601), EPA
considered relevant information about
the toxicity of the chemical substance,
likely human exposures and
environmental releases associated with
possible uses, taking into consideration
the four bulleted TSCA section 5(a)(2)
factors listed in this unit.
V. Economic Analysis
EPA evaluated the potential costs of
establishing SNUN requirements for
potential manufacturers and processors
of the chemical substance during the
development of the direct final rule. The
Agency’s complete Economic Analysis
is available in the docket under docket
ID number EPA–HQ–OPPT–2008–0918.
VI. Statutory and Executive Order
Reviews
A. Executive Order 12866
This action modifies a SNUR for a
chemical substance that is 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
According to the Paperwork
Reduction Act (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
E:\FR\FM\01NOR1.SGM
01NOR1
65572
Federal Register / Vol. 78, No. 212 / Friday, November 1, 2013 / Rules and Regulations
ehiers on DSK2VPTVN1PROD with RULES
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 has amended the table
in 40 CFR part 9 to list the OMB
approval number for the information
collection requirements contained in
this 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.
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
On February 18, 2012, EPA certified
pursuant to section 605(b) of the
Regulatory Flexibility Act (RFA) (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 SNUN 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 rule.
This rule is within the scope of the
February 18, 2012 certification. Based
on the Economic Analysis discussed in
Unit V. and EPA’s experience
promulgating SNURs (discussed in the
VerDate Mar<15>2010
15:07 Oct 31, 2013
Jkt 232001
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.
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.
D. Unfunded Mandates Reform Act
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 affect
on small governments subject to the
requirements of sections 202, 203, 204,
or 205 of the Unfunded Mandates
Reform Act of 1995 (UMRA) (Pub. L.
104–4).
I. National Technology Transfer and
Advancement Act
In addition, since this action does not
involve any technical standards, section
12(d) of the National Technology
Transfer and Advancement Act of 1995
(NTTAA), Public Law 104–113, 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.
PO 00000
Frm 00058
Fmt 4700
Sfmt 4700
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).
VII. Congressional Review Act
Pursuant to the Congressional Review
Act (5 U.S.C. 801 et seq.), EPA will
submit a report containing this rule and
other required information to the U.S.
Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of the rule in the Federal
Register. This action is not a ‘‘major
rule’’ as defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 721
Environmental protection, Chemicals,
Hazardous substances, Reporting and
recordkeeping requirements.
Dated: October 24, 2013.
Maria J. Doa,
Director, Chemical Control Division, Office
of Pollution Prevention and Toxics.
Therefore, 40 CFR part 721 is
amended as follows:
PART 721—[AMENDED]
1. The authority citation for part 721
continues to read as follows:
■
Authority: 15 U.S.C. 2604, 2607, and
2625(c).
2. In § 721.10182, revise paragraphs
(a)(1) and (a)(2)(i) to read as follows:
■
§ 721.10182
1-Propene, 2,3,3,3-tetrafluoro-.
(a) * * *
(1) The chemical substance identified
as 1-propene, 2,3,3,3-tetrafluoro- (PMN
E:\FR\FM\01NOR1.SGM
01NOR1
Federal Register / Vol. 78, No. 212 / Friday, November 1, 2013 / Rules and Regulations
P–07–601; CAS No. 754–12–1) is subject
to reporting under this section for the
significant new uses described in
paragraph (a)(2) of this section.
(2) * * *
(i) Industrial, commercial, and
consumer activities. A significant new
use is use other than as a refrigerant in
motor vehicle air conditioning systems
in new passenger cars and vehicles (i.e.,
as defined in 40 CFR 82.32(c) and (d));
§ 721.80(m) (commercial use other than
in passenger cars and vehicles in which
the original charging of motor vehicle
air conditioning systems with the PMN
substance was done by the motor
vehicle original equipment
manufacturer (OEM)); § 721.80(o) (use
in consumer products other than
products used to recharge the motor
vehicle air conditioning systems in
passenger cars and vehicles in which
the original charging of motor vehicle
air conditioning systems with the PMN
substance was done by the motor
vehicle OEM).
*
*
*
*
*
[FR Doc. 2013–25981 Filed 10–31–13; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 20
[Docket Nos. FWS–R9–MB–2012–0028 and
FWS–R9–MB–2012–0038; FF09M21200–
134–FXMB1231099BPP0]
RIN 1018–AY61, 1018–AY66
Migratory Bird Hunting; Application for
Approval of Copper-Clad Iron Shot and
Fluoropolymer Shot Coatings as
Nontoxic for Waterfowl Hunting
Fish and Wildlife Service,
Interior.
ACTION: Final rule; availability of
environmental assessments.
AGENCY:
We, the U.S. Fish and
Wildlife Service, approve copper-clad
iron shot and fluoropolymer coatings for
hunting waterfowl and coots. We
published a proposed rule for approval
of copper-clad iron shot and
fluoropolymer coatings in the Federal
Register on September 26, 2012 (77 FR
59158). We considered comments on the
proposed rule, and we believe that
neither the shot nor the coatings will
pose toxicity hazards to fish or wildlife
or their habitats.
DATES: This rule is effective December 2,
2013.
FOR FURTHER INFORMATION CONTACT: Dr.
George Allen, at 703–358–1825.
ehiers on DSK2VPTVN1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
15:07 Oct 31, 2013
Jkt 232001
SUPPLEMENTARY INFORMATION:
Background
The Migratory Bird Treaty Act of 1918
(Act) (16 U.S.C. 703–712 and 16 U.S.C.
742 a–j) implements migratory bird
treaties between the United States and
Great Britain for Canada (1916 and 1996
as amended), Mexico (1936 and 1972 as
amended), Japan (1972 and 1974 as
amended), and Russia (then the Soviet
Union 1978). These treaties protect most
migratory bird species from take, except
as permitted under the Act, which
authorizes the Secretary of the Interior
to regulate take of migratory birds in the
United States. Under this authority, we
control the hunting of migratory game
birds through regulations in 50 CFR part
20. We prohibit the use of shot types
other than those listed in the Code of
Federal Regulations (CFR) at 50 CFR
20.21(j) for hunting waterfowl and coots
and any species that make up aggregate
bag limits.
Deposition of toxic shot and release of
toxic shot components in waterfowl
hunting locations are potentially
harmful to many organisms. Research
has shown that ingested spent lead shot
causes significant mortality in migratory
birds. Since the mid-1970s, we have
sought to identify types of shot for
waterfowl hunting that are not toxic to
migratory birds or other wildlife when
ingested. We continue to review shot
types and shot coatings submitted for
approval as nontoxic.
We addressed lead poisoning in
waterfowl in an environmental impact
statement (EIS) in 1976, and again in a
1986 supplemental EIS. The 1986
document provided the scientific
justification for a ban on the use of lead
shot and the subsequent approval of
steel shot for hunting waterfowl and
coots that began that year, with a
complete ban of lead for waterfowl and
coot hunting in 1991. We have
continued to consider other potential
candidates for approval as nontoxic
shot. We are obligated to review
applications for approval of alternative
shot types as nontoxic for hunting
waterfowl and coots.
Many hunters believe that some
nontoxic shot types compare poorly to
lead and may damage some shotgun
barrels. A small and decreasing
percentage of hunters have not
complied with nontoxic shot
regulations. Allowing use of additional
nontoxic shot types may encourage
greater hunter compliance and
participation with nontoxic shot
requirements and discourage the use of
lead shot. The use of nontoxic shot for
waterfowl hunting increased after the
ban on lead shot, but we believe that
PO 00000
Frm 00059
Fmt 4700
Sfmt 4700
65573
compliance will continue to increase
with the availability and approval of
other nontoxic shot types. Increased use
of nontoxic shot will enhance protection
of migratory waterfowl and their
habitats.
Copper-Clad Iron Shot
Copper-clad iron shot is a composite
in which copper is thermo-mechanically
bonded to centerless-ground steel rod,
then mechanically worked to final wire
and shot configurations. Copper-clad
iron shot may be produced with a
variety of different proportions of
copper and iron, ranging from 16 to
44.41% by weight copper, with a
density of approximately 8.3 grams per
cubic centimeter. Environ-Metal asserts
that ‘‘there is little variability in
composition to be expected’’ in
production of the shot. Environ-Metal
expects to produce about 50,000 pounds
of copper-clad iron shot per year.
Fluoropolymer Coatings
Spectra Shot is cut wire shotgun shot
(steel shot) with a proprietary shot
coating. Four different colors of the
coated shot will be marketed as Spectra
ShotTM Blue, Spectra ShotTM Green,
Spectra ShotTM Orange, and Spectra
ShotTM Yellow. The thickness of the
coating will be 3 to 10 microns, with a
corresponding weight per shot as
follows: Spectra ShotTM Blue—0.209
milligram per shot; Spectra ShotTM
Green—0.732 milligram per shot;
Spectra ShotTM Orange—0.942
milligram per shot; and Spectra ShotTM
Yellow—1.779 milligrams per shot.
Spectra Shot expects annual use of the
coated shot in hunting migratory birds
in the United States to be 98,000
pounds.
Polyamide-imide copolymer,
polytetrafluoroethylene, amorphous
fumed silica, and methylphenyl
polysiloxane are common to all Spectra
ShotTM colors and make up the bulk of
the coating. The pigments vary between
coatings, and comprise 13.8% to 20.5%
by weight of the dry film.
Effects of the Approval on Migratory
Waterfowl
Allowing use of additional nontoxic
shot types may encourage greater hunter
compliance and participation with
nontoxic shot requirements and
discourage the use of lead shot.
Furnishing additional approved
nontoxic shot types and nontoxic
coatings likely will further reduce the
use of lead shot. Thus, approving
additional nontoxic shot types and
coatings will likely have no effect on
waterfowl and wetland habitats.
E:\FR\FM\01NOR1.SGM
01NOR1
]]>Agencies
[Federal Register Volume 78, Number 212 (Friday, November 1, 2013)]
[Rules and Regulations]
[Pages 65570-65573]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-25981]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 721
[EPA-HQ-OPPT-2008-0918; FRL-9901-97]
RIN 2070-AB27
Modification of Significant New Uses of 1-Propene, 2,3,3,3-
tetrafluoro-
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: Under the Toxic Substances Control Act (TSCA), EPA is
finalizing an amendment to the significant new use rule (SNUR) for the
chemical substance identified as 1-Propene, 2,3,3,3-tetrafluoro-, which
was the subject of premanufacture notice (PMN) P-07-601. This action
amends the SNUR to allow the manufacture and processing for certain
uses without requiring a significant new use notice (SNUN). EPA is
finalizing this amendment based on review of newly submitted exposure
and toxicity data.
DATES: This final rule is effective December 2, 2013.
ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPPT-2008-0918 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: Jim
Alwood, Chemical Control Division (7405M), Office of Pollution
Prevention and Toxics, Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number:
(202) 564-8974; email address: alwood.jim@epa.gov.
For general information contact: The TSCA-Hotline, ABVI-Goodwill,
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202)
554-1404; email address: TSCA-Hotline@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Does this action apply to me?
You may be potentially affected by this action if you manufacture,
process, or use the chemical substance identified as 1-Propene,
2,3,3,3-tetrafluoro- (PMN P-07-601). Potentially affected entities may
include, but are not limited to:
Manufacturers or processors of the subject chemical
substance (NAICS codes 325 and 324110), e.g., chemical manufacturers
and petroleum refineries.
This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. To determine
whether you or your business may be affected by this action, you should
carefully examine the applicability provisions in Sec. 721.5. If you
have any questions regarding the applicability of this action to a
particular entity, consult the technical person listed under FOR
FURTHER INFORMATION CONTACT.
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 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 the chemical
substance that is the subject of a proposed or 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.
[[Page 65571]]
II. Background
A. What action is the agency taking?
EPA is finalizing an amendment to the SNUR for the chemical
substance identified as 1-Propene, 2,3,3,3-tetrafluoro-, (PMN P-07-601;
CAS No. 754-12-1; which is also identified by the trade name HFO-
1234yf), codified at 40 CFR 721.10182. This final action removes the
requirement to notify EPA at least 90 days prior to the manufacture or
processing of the chemical substance for the consumer use to recharge
the motor vehicle air conditioning systems in passenger cars and
vehicles in which the original charging of motor vehicle air
conditioning systems with the PMN substance was done by the motor
vehicle.
This rule was proposed in the Federal Register issue of May 31,
2013 (78 FR 32617) (FRL-9387-7). EPA received three public comments
supporting the proposed modification. One of the commenters also noted
a potential ambiguity in the proposed regulatory text. Part of the
proposed regulatory text would identify a significant new use as ``use
in consumer products other than products used to recharge the motor
vehicle air conditioning systems in passenger cars and vehicles in
which the charging of motor vehicle air conditioning systems with the
PMN substance was done by the motor vehicle original equipment
manufacturer (OEM)''. The commenter stated this could be construed to
allow only one recharge of automotive air conditioning systems
originally charged with HFO-1234yf. To clarify this ambiguity the
commenter suggested revising the proposed text to ``use in consumer
products other than products used to recharge the motor vehicle air
conditioning systems in passenger cars and vehicles in which the
original charging of motor vehicle air conditioning systems with the
PMN substance was done by the motor vehicle OEM'' (the proposed
revision is in italics). The commenter also suggested a similar change
to the regulatory text for the significant new use designation for
commercial use. EPA agrees with this clarification that the regulatory
text is not intended to allow only one recharge of automotive air
conditioning systems originally charged with HFO-1234yf. Therefore, the
Agency is issuing a final amended SNUR, that:
1. No longer requires notification prior to the manufacture or
processing for the consumer use to recharge the motor vehicle air
conditioning systems in passenger cars and vehicles in which the
original charging of motor vehicle air conditioning systems with the
PMN substance was done by the motor vehicle OEM.
2. Clarifies the language in the regulatory text that manufacture
and processing for use as a refrigerant in motor vehicle air
conditioning systems in new passenger cars and vehicles as reported in
the original PMN is not a significant new use.
3. Clarifies the language in the regulatory text for commercial and
consumer use that it is not intended to allow only one recharge of
automotive air conditioning systems originally charged with HFO-1234yf.
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 IV. of this document. 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 or process the
chemical substance for that use. Persons who must report are described
in Sec. 721.5.
III. Rationale for the Rule
During review of PMN P-07-601, the chemical substance identified as
1-Propene, 2,3,3,3-tetrafluoro-, EPA determined that one or more of the
criteria of concern established at Sec. 721.170 were met and
regulation under section 5(a)(2) of TSCA was warranted. The basis for
such criteria of concern is outlined in Unit II.A. of the proposed rule
and in the Federal Register document of June 26, 1990 (55 FR 26102).
Based on these findings, a SNUR was promulgated pursuant to Sec.
721.170.
After the review of new test data and information subsequent to
issuance of the SNUR (see Unit II.A of the proposed rule), and
consideration of the factors included in TSCA section 5(a)(2) (see Unit
IV.), EPA determined that the concern criteria in Sec. 721.170(b) are
no longer met for the consumer use in the recharge of motor vehicle air
conditioning systems originally charged with the PMN substance by the
motor vehicle OEM.
IV. 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 authorizes EPA to consider any other relevant factors. To
determine that the consumer use in the recharge of motor vehicle air
conditioning systems originally charged with the PMN substance by the
motor vehicle OEM would not constitute a significant new use for the
chemical substance identified as 1-Propene, 2,3,3,3-tetrafluoro-, (PMN
P-07-601), EPA considered relevant information about the toxicity of
the chemical substance, likely human exposures and environmental
releases associated with possible uses, taking into consideration the
four bulleted TSCA section 5(a)(2) factors listed in this unit.
V. Economic Analysis
EPA evaluated the potential costs of establishing SNUN requirements
for potential manufacturers and processors of the chemical substance
during the development of the direct final rule. The Agency's complete
Economic Analysis is available in the docket under docket ID number
EPA-HQ-OPPT-2008-0918.
VI. Statutory and Executive Order Reviews
A. Executive Order 12866
This action modifies a SNUR for a chemical substance that is 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
According to the Paperwork Reduction Act (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
[[Page 65572]]
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 has amended the table in 40 CFR part 9 to list
the OMB approval number for the information collection requirements
contained in this 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.
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
On February 18, 2012, EPA certified pursuant to section 605(b) of
the Regulatory Flexibility Act (RFA) (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 SNUN 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
rule.
This rule is within the scope of the February 18, 2012
certification. Based on the Economic Analysis discussed in Unit V. 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
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
affect on small governments subject to the requirements of sections
202, 203, 204, or 205 of the Unfunded Mandates Reform Act of 1995
(UMRA) (Pub. L. 104-4).
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
In addition, since this action does not involve any technical
standards, section 12(d) of the National Technology Transfer and
Advancement Act of 1995 (NTTAA), Public Law 104-113, 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).
VII. Congressional Review Act
Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.),
EPA will submit a report containing this rule and other required
information to the U.S. Senate, the U.S. House of Representatives, and
the Comptroller General of the United States prior to publication of
the rule in the Federal Register. This action is not a ``major rule''
as defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 721
Environmental protection, Chemicals, Hazardous substances,
Reporting and recordkeeping requirements.
Dated: October 24, 2013.
Maria J. Doa,
Director, Chemical Control Division, Office of Pollution Prevention and
Toxics.
Therefore, 40 CFR part 721 is amended as follows:
PART 721--[AMENDED]
0
1. The authority citation for part 721 continues to read as follows:
Authority: 15 U.S.C. 2604, 2607, and 2625(c).
0
2. In Sec. 721.10182, revise paragraphs (a)(1) and (a)(2)(i) to read
as follows:
Sec. 721.10182 1-Propene, 2,3,3,3-tetrafluoro-.
(a) * * *
(1) The chemical substance identified as 1-propene, 2,3,3,3-
tetrafluoro- (PMN
[[Page 65573]]
P-07-601; CAS No. 754-12-1) is subject to reporting under this section
for the significant new uses described in paragraph (a)(2) of this
section.
(2) * * *
(i) Industrial, commercial, and consumer activities. A significant
new use is use other than as a refrigerant in motor vehicle air
conditioning systems in new passenger cars and vehicles (i.e., as
defined in 40 CFR 82.32(c) and (d)); Sec. 721.80(m) (commercial use
other than in passenger cars and vehicles in which the original
charging of motor vehicle air conditioning systems with the PMN
substance was done by the motor vehicle original equipment manufacturer
(OEM)); Sec. 721.80(o) (use in consumer products other than products
used to recharge the motor vehicle air conditioning systems in
passenger cars and vehicles in which the original charging of motor
vehicle air conditioning systems with the PMN substance was done by the
motor vehicle OEM).
* * * * *
[FR Doc. 2013-25981 Filed 10-31-13; 8:45 am]
BILLING CODE 6560-50-P
