Significant New Use Rules on Certain Chemical Substances, 8273-8293 [2014-03079]

Download as PDF Federal Register / Vol. 79, No. 29 / Wednesday, February 12, 2014 / Rules and Regulations promulgates the operating regulations or procedures for drawbridges. This rule is categorically excluded, under figure 2– 1, paragraph (32)(e), of the Instruction. Under figure 2–1, paragraph (32)(e), of the Instruction, an environmental analysis checklist and a categorical exclusion determination are not required for this rule. List of Subjects in 33 CFR Part 117 Bridges. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 117 as follows: 1. The authority citation for part 117 continues to read as follows: ■ Authority: 33 U.S.C. 499; 33 CFR 1.05–1; Department of Homeland Security Delegation No. 0170.1. 2. In § 117.505, paragraphs (b), (c), and (d) are redesignated as (c), (d), and (e) and a new paragraph (b) is added to read as follows: ■ Terrebonne Bayou. * * * * * (b) The draw of the St. Ann bridge, mile 28.8 at Bourg, shall open on signal if at least 24 hours notice is given. * * * * * Dated: January 24, 2014. Todd A. Sokalzuk, Captain, U.S. Coast Guard, Commander, Eighth Coast Guard District, Acting. [FR Doc. 2014–03088 Filed 2–11–14; 8:45 am] BILLING CODE 9110–04–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 9 and 721 [EPA–HQ–OPPT–2013–0739; FRL–9903–70] RIN 2070–AB27 Significant New Use Rules on Certain Chemical Substances Environmental Protection Agency (EPA). ACTION: Direct final rule. AGENCY: EPA is promulgating significant new use rules (SNURs) under the Toxic Substances Control Act (TSCA) for 35 chemical substances which were the subject of premanufacture notices (PMNs). Fourteen of these chemical substances are subject to TSCA section 5(e) consent orders issued by EPA. This action requires persons who intend to sroberts on DSK5SPTVN1PROD with RULES SUMMARY: VerDate Mar<15>2010 15:45 Feb 11, 2014 Jkt 232001 This rule is effective on April 14, 2014. For purposes of judicial review, this rule shall be promulgated at 1 p.m. (e.s.t.) on February 26, 2014. Written adverse or critical comments, or notice of intent to submit adverse or critical comments, on one or more of these SNURs must be received on or before March 14, 2014 (see Unit VI. of the SUPPLEMENTARY INFORMATION). If EPA receives written adverse or critical comments, or notice of intent to submit adverse or critical comments, on one or more of these SNURs before March 14, 2014, EPA will withdraw the relevant sections of this direct final rule before its effective date. For additional information on related reporting requirement dates, see Units I.A., VI., and VII. of the SUPPLEMENTARY INFORMATION. ADDRESSES: Submit your comments, identified by docket identification (ID) number EPA–HQ–OPPT–2013–0739, by one of the following methods: • Federal eRulemaking Portal: http:// www.regulations.gov. Follow the online instructions for submitting comments. • Mail: Document Control Office (7407M), Office of Pollution Prevention and Toxics (OPPT), Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460–0001. • Hand Delivery: OPPT Document Control Office (DCO), EPA East Bldg., Rm. 6428, 1201 Constitution Ave. NW., Washington, DC. ATTN: Docket ID Number EPA–HQ–OPPT–2013–0739. The DCO is open from 8 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The telephone number for the DCO is (202) 564–8930. Such deliveries are only accepted during the DCO’s normal hours of operation, and special arrangements should be made for deliveries of boxed information. Instructions: Direct your comments to docket ID number EPA–HQ–OPPT– 2013–0739. EPA’s policy is that all comments received will be included in the docket without change and may be made available at http:// www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information DATES: PART 117—DRAWBRIDGE OPERATION REGULATIONS § 117.505 manufacture (including import) or process any of these 35 chemical substances for an activity that is designated as a significant new use by this rule to notify EPA at least 90 days before commencing that activity. The required notification will provide EPA with the opportunity to evaluate the intended use and, if necessary, to prohibit or limit that activity before it occurs. PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 8273 whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through regulations.gov or email. The regulations.gov Web site is an ‘‘anonymous access’’ system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to EPA without going through regulations.gov, your email address will be automatically captured and included as part of the comment that is placed in the docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. Docket: All documents in the docket are listed in the docket index available at http://www.regulations.gov. 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, will be publicly available only in hard copy. Publicly available docket materials are available electronically at http://www.regulations.gov, or, if only available in hard copy, at the OPPT Docket. The OPPT Docket is located in the EPA Docket Center (EPA/DC) at Rm. 3334, EPA West Bldg., 1301 Constitution Ave. NW., Washington, DC. The EPA/DC Public Reading Room hours of operation are 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number of the EPA/DC Public Reading Room is (202) 566–1744, and the telephone number for the OPPT Docket is (202) 566–0280. Docket visitors are required to show photographic identification, pass through a metal detector, and sign the EPA visitor log. All visitor bags are processed through an X-ray machine and subject to search. Visitors will be provided an EPA/DC badge that must be visible at all times in the building and returned upon departure. 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; E:\FR\FM\12FER1.SGM 12FER1 8274 Federal Register / Vol. 79, No. 29 / Wednesday, February 12, 2014 / Rules and Regulations 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– 1404; email address: TSCA-Hotline@ epa.gov. SUPPLEMENTARY INFORMATION: I. General Information sroberts on DSK5SPTVN1PROD with RULES A. Does this action apply to me? You may be potentially affected by this action if you manufacture, process, or use the chemical substances contained in this rule. 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 (including 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 these SNURs 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 rule on or after March 14, 2014 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. B. What should I consider as I prepare my comments for EPA? 1. Submitting CBI. Do not submit this information to EPA through regulations.gov or email. Clearly mark the part or all of the information that you claim to be CBI. For CBI information in a disk or CD–ROM that you mail to EPA, mark the outside of the disk or CD–ROM as CBI and then identify electronically within the disk or CD–ROM the specific information that is claimed as CBI. In addition to one VerDate Mar<15>2010 15:45 Feb 11, 2014 Jkt 232001 complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. 2. Tips for preparing your comments. When submitting comments, remember to: i. Identify the document by docket ID number and other identifying information (subject heading, Federal Register date and page number). ii. Follow directions. The Agency may ask you to respond to specific questions or organize comments by referencing a Code of Federal Regulations (CFR) part or section number. iii. Explain why you agree or disagree; suggest alternatives and substitute language for your requested changes. iv. Describe any assumptions and provide any technical information and/ or data that you used. v. If you estimate potential costs or burdens, explain how you arrived at your estimate in sufficient detail to allow for it to be reproduced. vi. Provide specific examples to illustrate your concerns and suggest alternatives. vii. Explain your views as clearly as possible, avoiding the use of profanity or personal threats. viii. Make sure to submit your comments by the comment period deadline identified. II. Background A. What action is the Agency taking? EPA is promulgating these SNURs using direct final procedures. These SNURs will require persons to notify EPA at least 90 days before commencing the manufacture, or processing of a chemical substance for any activity designated by these SNURs as a significant new use. Receipt of such notices allows EPA to assess risks that may be presented by the intended uses and, if appropriate, to regulate the proposed use before it occurs. Additional rationale and background to these rules are more fully set out in the preamble to EPA’s first direct final SNUR published in the Federal Register issue of April 24, 1990 (55 FR 17376). Consult that preamble for further information on the objectives, rationale, and procedures for SNURs and on the basis for significant new use designations, including provisions for developing test data. PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 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 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 rule, recordkeeping requirements, exemptions to reporting requirements, and applicability of the rule to uses occurring before the effective date of the rule. Provisions relating to user fees appear at 40 CFR part 700. According to § 721.1(c), persons subject to these SNURs must comply with the same SNUN 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 section 5(b) and 5(d)(1), the exemptions authorized by TSCA section 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 section 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, E:\FR\FM\12FER1.SGM 12FER1 Federal Register / Vol. 79, No. 29 / Wednesday, February 12, 2014 / Rules and Regulations sroberts on DSK5SPTVN1PROD with RULES 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 35 chemical substances that are the subject of these SNURs, EPA considered relevant information about the toxicity of the chemical substances, 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. Substances Subject to This Rule EPA is establishing significant new use and recordkeeping requirements for 35 chemical substances in 40 CFR part 721, subpart E. In this unit, EPA provides the following information for each chemical substance: • PMN number. • Chemical name (generic name, if the specific name is claimed as CBI). • Chemical Abstracts Service (CAS) Registry number (if assigned for nonconfidential chemical identities). • Basis for the TSCA section 5(e) consent order or, for non-section 5(e) SNURs, the basis for the SNUR (i.e., SNURs without TSCA section 5(e) consent orders). • Tests recommended by EPA to provide sufficient information to evaluate the chemical substance (see Unit VIII. for more information). • CFR citation assigned in the regulatory text section of this rule. The regulatory text section of this rule specifies the activities designated as significant new uses. Certain new uses, including production volume limits (i.e., limits on manufacture volume) and other uses designated in this rule, may be claimed as CBI. Unit IX. discusses a procedure companies may use to ascertain whether a proposed use constitutes a significant new use. This rule includes 14 PMN substances that are subject to ‘‘risk-based’’ consent orders under TSCA section 5(e)(1)(A)(ii)(I) where EPA determined that activities associated with the PMN substances may present unreasonable risk to human health or the environment. Those consent orders require protective measures to limit exposures or otherwise mitigate the potential unreasonable risk. The socalled ‘‘section 5(e) SNURs’’ on these PMN substances are promulgated pursuant to § 721.160, and are based on and consistent with the provisions in the underlying consent orders. The section 5(e) SNURs designate as a ‘‘significant new use’’ the absence of the VerDate Mar<15>2010 15:45 Feb 11, 2014 Jkt 232001 protective measures required in the corresponding consent orders. This rule also includes SNURs on 21 PMN substances that are not subject to consent orders under TSCA section 5(e). In these cases, for a variety of reasons, EPA did not find that the use scenario described in the PMN triggered the determinations set forth under TSCA section 5(e). However, EPA does believe that certain changes from the use scenario described in the PMN could result in increased exposures, thereby constituting a ‘‘significant new use.’’ These so-called ‘‘non-section 5(e) SNURs’’ are promulgated pursuant to § 721.170. EPA has determined that every activity designated as a ‘‘significant new use’’ in all non-section 5(e) SNURs issued under § 721.170 satisfies the two requirements stipulated in § 721.170(c)(2), i.e., these significant new use activities, ‘‘(i) are different from those described in the premanufacture notice for the substance, including any amendments, deletions, and additions of activities to the premanufacture notice, and (ii) may be accompanied by changes in exposure or release levels that are significant in relation to the health or environmental concerns identified’’ for the PMN substance. PMN Number P-08-179 Chemical name: 1,2,3Propanetricarboxamide, N1,N2,N3tris(2-methylcyclohexyl)-. CAS number: 160535–46–6. Basis for action: The PMN states that the generic (non-confidential) use of the substance is as a nucleator for polymers. Based on ecological structure activity relationship (EcoSAR) analysis of test data on analogous amides, EPA predicts toxicity to aquatic organisms may occur at concentrations that exceed 12 parts per billion (ppb) of the PMN substance in surface waters. As described in the PMN, releases of the substance are not expected to result in surface water concentrations that exceed 12 ppb. Therefore, EPA has not determined that the proposed manufacturing, processing, or use of the substance may present an unreasonable risk. EPA has determined, however, that any use of the substance resulting in surface water concentrations exceeding 12 ppb may cause significant adverse environmental effects. Based on this information, the PMN substance meets the concern criteria at § 721.170(b)(4)(ii). Recommended testing: EPA has determined that the results of a fish early-life stage toxicity test (OPPTS Test Guideline 850.1400) and a daphnid chronic toxicity test (OPPTS Test Guideline 850.1300) would help characterize the environmental effects of PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 8275 the PMN substance. EPA also recommends that the guidance document on aquatic toxicity testing of difficult substances and mixtures (Organisation for Economic CoOperation (OECD) Test Guideline 23) be followed. CFR citation: 40 CFR 721.10695. PMN Numbers P-11-483, P-11-487, P-11-527, P-11-528, P-11-529, P-11-530, P-11-532, P-11-533, and P-11-534 Chemical names: Polyfluorinated alkyl thiol (generic) (P-11-483 and P-11528); Polyfluorinated alkyl polyamide (generic) (P-11-487); Polyfluorinated alkyl halide (generic) (P-11-527); Polyfluorinated alkyl thio acrylamide (generic) (P-11-529); Polyfluorinated alkyl thio polyacrylamide (generic) (P11-530 and P-11-533); Polyfluorinated alkyl amine (generic) (P-11-532); and Polyfluorinated alkyl thio polyacrylic acid-acrylamide (generic) (P-11-534). CAS numbers: Not available. Effective date of TSCA section 5(e) consent order: April 12, 2013. Basis for TSCA section 5(e) consent order: The PMNs P-11-487, P-11-530, P11-533, and P-11-534 state that the generic (non-confidential) use of these substances is as surfactants. The PMNs P-11-483, P-11-527, P-11-528, P-11-529, and P-11-532 state that the generic (nonconfidential) use of these substances is as chemical intermediates. Based on analogy to other perfluorinated chemicals including perfluorooctanoic acid (PFOA), perfluorooctanesufonate (PFOS), and perfluorohexane sulfonate (PFHS), EPA has concerns that the PMN substances and/or degradation products will persist in the environment, could bioaccumulate or biomagnify, and be toxic (PBT) to people, wild mammals and birds. Some perfluorinated chemicals, PFOA and PFOS, are expected to persist for years in the environment. Biodegradation and photolysis tests of analogous substances to PFOA and PFOS indicate little or no biodegradation or photolysis of perfluoroalkyl compounds. Bioaccumulation concerns are based on concerns raised by the measured presence of certain perfluoroalkyl compounds with longer carbon chain length, including PFOA, PFOS, and PFHS in wildlife and in human blood samples. EPA has human health concerns for irritation to skin, eyes, lungs, mucous membranes, and lung toxicity if inhaled based on surfactant properties of the PMN substances. Toxicity studies on PFOA and PFOS indicate liver toxicity, blood toxicity, male reproductive toxicity, immunosuppression, and oncogenicity. These factors, taken together, raise E:\FR\FM\12FER1.SGM 12FER1 sroberts on DSK5SPTVN1PROD with RULES 8276 Federal Register / Vol. 79, No. 29 / Wednesday, February 12, 2014 / Rules and Regulations concerns for potential adverse chronic effects of P-11-483, P-11-487, P-11-527, P-11-528, P-11-529, P-11-530, P-11-532, P-11-533, P-11-534 and/or degradation products. The consent order was issued under TSCA section 5(e)(1)(A) based on a finding that these substances may present an unreasonable risk of injury to human health and the environment, these substances may be produced in substantial quantities and may reasonably be anticipated to enter the environment in substantial quantities, and there may be significant (or substantial) human exposure to the substances and their potential degradation products. To protect against these risks, the consent order requires: 1. Risk notification. If as a result of the test data required, the company becomes aware that the PMN substance may present a risk of injury to human health or the environment, the company must incorporate this new information, and any information on methods for protecting against such risk into a Material Safety Data Sheet (MSDS), within 90 days. 2. Manufacture of the PMN substances: (a) According to the chemical composition section of the consent order, including analyzing and reporting certain starting raw material impurities to EPA; and (b) within the maximum established limits of certain fluorinated impurities of the PMN substances as stated in the consent order. 3. Use of the substances only as described in the consent order. 4. No use of the PMN substances in consumer products with spray applications. 5. Submission of certain environmental fate testing prior to exceeding the confidential production volume limit of the aggregate amount of the PMN substances, P-11-487, P-11530, P-11-533, and P-11-534 specified in the consent order. 6. The individual annual manufacture volume for P-11-487, P-11-530, P-11533, and P-11-534 must not reach the confidential annual production volume specified in the consent order. 7. Incinerate all waste containing any of the PMN substances from manufacturing and processing in an incinerator with a combustion temperature of a minimum of 1,000 degrees Celsius (C) and a residence time of a minimum of 2 seconds. 8. No use of the substances resulting in releases to surface water. The SNUR designates as a ‘‘significant new use’’ the absence of these protective measures. Recommended testing: EPA has determined that the test data from VerDate Mar<15>2010 15:45 Feb 11, 2014 Jkt 232001 certain human health, environmental fate, and ecotoxicity testing identified in the consent order would help characterize possible effects of the substances and their degradation products. The company has agreed not to exceed the first production limit without performing a metabolism and pharmacokinetics test (OPPTS Test Guideline 870.7485), and a combined repeated dose toxicity with the reproduction/development toxicity screening test (OPPTS Test Guideline 870.3650 modified or OECD Test Guideline 422 modified) on a species to be determined by the results of the pharmacokinetics studies with modifications, for the P-11-483 chemical substance. The PMN submitter has also agreed not to exceed the second production limit without performing the aerobic and anaerobic transformation in soil test (OECD Test Guideline 307) for the P-11-530 chemical substance. The company has agreed not to exceed the third production limit without performing the fish acute toxicity test, freshwater and marine test (OPPTS Test Guideline 850.1075), an aquatic invertebrate acute toxicity test, freshwater daphnids (OPPTS Test Guideline 850.1010), and an algal toxicity test (Office of Chemical Safety and Pollution Prevention (OCSPP) Test Guideline 850.4500) for the P-11-483 chemical substance. The company also has agreed to not to exceed the fourth production limit without performing the avian reproduction test (OPPTS Test Guideline 850.2300) for the P-11-483 chemical substance, and hydrolysis as a function of pH and temperature (OPPTS Test Guideline 835.2130), ultraviolet (UV)/visible absorption (OPPTS Test Guideline 830.7050), direct photolysis rate in water by sunlight test (OPPTS Test Guideline 835.2210), if wavelengths greater than 290 nanometers (nm) are absorbed in the previous test, indirect photolysis screening test: Sunlight photolysis in waters containing dissolved humic substances (OPPTS Test Guideline 835.5270), anaerobic biodegradability of organic compounds in digested sludge: By measurement of gas production (OPPTS Test Guideline 835.3420), and modified semi continuous activated sludge (SCAS) test for insoluble and volatile chemicals (OPPTS Guideline 835.5045), or inherent biodegradability: Zahn-Wellens/EVPA Test (OECD Test Guideline 302B), modified with analysis for degradation products for P-11-530 chemical substance. Further testing details are available in the consent order located in the docket under docket EPA–HQ–OPPT–2013–0739. EPA has PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 also determined that the results of certain other human health, ecotoxicity, and environmental fate testing would help characterize the PMN substance. The consent order does not require submission of the pended testing detailed in the consent order at any specified time or production volume. However, the consent order’s restrictions on manufacture, processing, distribution in commerce, use, and disposal of the PMNs will remain in effect until the consent order is modified or revoked by EPA based on submission of that or other relevant information. CFR citations: 40 CFR 721.10696 (P-11-483 and P-11-528); 40 CFR 721.10697 (P-11-487); 40 CFR 721.10698 (P-11-527); 40 CFR 721.10699 (P-11529); 40 CFR 721.10700 (P-11-530 and P-11-533); 40 CFR 721.10701 (P-11-532); and 40 CFR 721.10702 (P-11-534). PMN Numbers P-12-416, P-12-417, P-12-418, and P-12-419 Chemical names: Multi-walled carbon nanotubes (generic). CAS numbers: Not available. Effective date of TSCA section 5(e) consent order: December 3, 2012. Basis for TSCA section 5(e) consent order: The PMNs state that the use of the substances will be as: An additive for electro-static discharge (ESD) in semiconductor packaging and electronic devices; additive for weight-reduction in vehicles and windmill blades; additive to reinforce building frames and machine components; additive to improve conductivity in batteries and solar cells; additive in seat-heaters (heat generating element in heating devices and materials); electron emitter for lighting and x-ray sources; additive for heat transfer and thermal emission in electronic devices; additive for electromagnetic interface (EMI) shielding; catalyst support in chemical manufacturing; and filter additive to remove nanoscale materials. Based on test data on analogous respirable, poorly soluble particulates and other carbon nanotubes (CNTs), EPA identified concerns for pulmonary toxicity, fibrosis, carcinogenicity, mutagenicity, and immunotoxicity. Further, available data suggest that pulmonary deposition of some nanoparticles, including CNTs, may induce cardiovascular toxicity if inhaled. Although there are no environmental toxicity studies on CNTs available, EPA expects that some fraction of the CNTs, if released into the environment, will eventually be suspended in water. There have been sublethal effects observed for analogue single wall CNTs in rainbow trout at levels as low as 100 ppb. The order was E:\FR\FM\12FER1.SGM 12FER1 sroberts on DSK5SPTVN1PROD with RULES Federal Register / Vol. 79, No. 29 / Wednesday, February 12, 2014 / Rules and Regulations issued under TSCA sections 5(e)(1)(A)(i) and 5(e)(1)(A)(ii)(I) based on a finding that these substances may present an unreasonable risk of injury to human health and the environment. To protect against these risks, the consent order requires: 1. Use of personal protective equipment including gloves and protective clothing impervious to the substances when there is a potential dermal exposure and a National Institute of Occupational Safety and Health (NIOSH)-certified air-purifying, tight-fitting full-face respirator equipped with N-100, or P-100, or R-100 filters or power air-purifying particulate respirator with an assigned protection factor (APF) of at least 50 when there is potential inhalation exposure. 2. No domestic manufacture. 3. Use of the substances only as described in the consent order. 4. Import of the substances at a cumulative, aggregate volume not to exceed a confidential volume specified in the consent order unless the company has submitted the results of certain health studies. 5. No use of the substances resulting in surface water releases. The SNUR designates as a ‘‘significant new use’’ the absence of these protective measures. Recommended testing: EPA has determined that the following tests would help characterize the human health effects of the PMN substances. The PMN submitter has agreed not to exceed the confidential production volume stated in the consent order without performing the 90-day inhalation toxicity test (OPPTS Test Guideline 870.3465) on P-12-416 with a post-exposure observation period of up to 3 months; bronchoalveolar lavage fluid (BALF) analysis; aggregation/ agglomeration state, shape, particle size distribution and surface properties of material as-manufactured (dry) and asadministered; aggregation/ agglomeration state, shape, particle size distribution and surface properties of materials of the delivered materials after administration; determination of cardiovascular toxicity, heart histopathology, and data on pulmonary deposition. In addition, in the consent order, the PMN submitter agreed to provide physical/chemical properties data within a specified time limit. CFR citation: 40 CFR 721.10703. PMN Number P-12-548 Chemical name: Aryl-substituted alkane (generic). CAS number: Not available. Effective date of TSCA section 5(e) consent order: April 30, 2013. VerDate Mar<15>2010 15:45 Feb 11, 2014 Jkt 232001 Basis for TSCA section 5(e) consent order: The PMN states that the generic (non-confidential) use of the substance will be as a dielectric fluid. EPA has identified health and environmental concerns because the substance may be a persistent, bio-accumulative, and toxic (PBT) chemical, based on physical/ chemical properties of the PMN substance, as described in the New Chemical Program’s PBT category (64 FR 60194; November 4, 1999) (FRL– 6097–7). EPA estimates that the PMN substance will persist in the environment more than two months and estimates a bioaccumulation factor of greater than or equal to 1,000. Also, based on submitted test data on the PMN substance, EPA identified concerns for developmental and liver toxicity to dermally exposed workers. Based on EcoSAR analysis of test data on neutral organic chemicals, EPA predicts toxicity to aquatic organisms may occur at concentrations that exceed 8 ppb of the PMN substance in surface waters. The consent order was issued under TSCA sections 5(e)(1)(A)(i) and 5(e)(1)(A)(ii)(I) based on a finding that uncontrolled manufacture, processing, distribution in commerce, use, and disposal of this substance may present an unreasonable risk of injury to human health or the environment. To protect against these risks, the consent order requires: 1. Use of personal protective equipment including gloves impervious to the substance when there is a potential dermal exposure. 2. Establishment and use of a hazard communication program. 3. Use of the substance only as described in the consent order. 4. Manufacture of the substance at a cumulative volume not to exceed a confidential volume specified in the consent order unless the company has submitted the results of certain health studies. The SNUR designates as a ‘‘significant new use’’ the absence of these protective measures. Recommended testing: EPA has determined that the following tests would help characterize the environmental and human health effects of the PMN substance. The consent order contains three confidential production volume limits. The PMN submitter has agreed not to exceed the first production volume limit without performing a 14-day dermal toxicity test (OPPTS Test Guideline 870.3200 or OECD Test Guideline 410). The PMN submitter has also agreed not to exceed the second (higher) production volume limit without performing a bioaccumulation in sediment-dwelling PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 8277 benthic oligochaetes test (OECD Test Guideline 315). The PMN submitter has also agreed not to exceed the third (higher) production volume limit without performing a sediment and soil adsorption/desorption isotherm test (OPPTS Test Guideline 835.1220). The PMN submitter has also agreed to submit to EPA the results of any other testing conducted to comply with REACH (Regulation, Evaluation, Authorization, and Restriction of Chemicals in the European Union) no later than 90 days after submission of the testing to the European Union. CFR citation: 40 CFR 721.10704. PMN Number P-12-572 Chemical name: Aromatic amine with cyclo amino carbonyls (generic). CAS number: Not available. Basis for action: The PMN states that the generic (non-confidential) use of the substance will be as a reactive amine for enhancing pigment dispersions. Based on test data on the PMN substance as well as on analogous aromatic amines, EPA identified human health concerns regarding oncogenicity and mutagenicity from exposure to the PMN substance via inhalation, dermal, and drinking water exposures. Further, based on EcoSAR analysis of test data on analogous anilines, EPA predicts toxicity to aquatic organisms may occur at concentrations that exceed 11 ppb of the PMN substance in surface waters. This concentration is also expected by the Agency to be protective of human health concerns via drinking water exposure. As described in the PMN, occupational exposures are expected to be minimal due to the use of impervious gloves and a NIOSH-certified particulate respirator. Releases of the substance are not expected to result in surface water concentrations that exceed 11 ppb which then effectively limits drinking water exposures. Therefore, EPA has not determined that the proposed manufacturing, processing, or use of the substance may present an unreasonable risk. EPA has determined, however, that any use of the substance without the use of impervious gloves, where there is a potential for dermal exposure; use of the substance without a NIOSH-certified particulate respirator with an APF of at least 10, where there is a potential for inhalation exposures; use of the substance other than as an intermediate; or use of the substance resulting in surface water concentrations exceeding 11 ppb may cause serious health effects and significant adverse environmental effects. Based on this information, the PMN substance meets the concern criteria at § 721.170(b)(1)(i)(C), (b)(3)(i), (b)(3)(ii), and (b)(4)(ii). E:\FR\FM\12FER1.SGM 12FER1 8278 Federal Register / Vol. 79, No. 29 / Wednesday, February 12, 2014 / Rules and Regulations Recommended testing: EPA has determined that the results of an algal toxicity test (OCSPP Test Guideline 850.4500), an aquatic invertebrate acute toxicity test (OPPTS Test Guideline 850.1010), a fish acute toxicity test (OPPTS Test Guideline 850.1075), and a combined repeated dose toxicity with the reproduction/developmental toxicity test (OPPTS Test Guideline 870.3650) would help characterize the human health and environmental effects of the PMN substance. CFR citation: 40 CFR 721.10705. sroberts on DSK5SPTVN1PROD with RULES PMN Number P-12-576 Chemical name: Infused carbon nanostructures (generic). CAS number: Not available. Basis for action: The PMN states that the generic (non-confidential) use of the substance is as an additive to provide conductive properties to reinforcements used in composites. Based on available information on analogous carbon structures, EPA identified concerns for lung effects. No significant inhalation exposures are expected when the PMN substance is manufactured according to the process identified in the PMN, to incorporate the PMN substance into pellets. Therefore, EPA has not determined that the proposed manufacturing, processing, or use of the substance may present an unreasonable risk. EPA has determined, however, that a manufacturing process other than as described in the PMN (the manufacturing process described in the PMN includes incorporation of the PMN substance into pellets), may cause serious health effects. Based on this information, the PMN substance meets the concern criteria at § 721.170(b)(3)(ii). Recommended testing: EPA has determined that the following analysis of the PMN substance would help characterize the effects of the PMN substance: The dimensions, the structure, branching characteristics, presence of the catalyst in the PMN substance, and physical-chemical properties of the carbon nanostructures. These properties should be determined and reported to EPA once a year for three consecutive years. CFR citation: 40 CFR 721.10706. PMN Number P-13-127 Chemical name: Substituted benzyl acrylate (generic). CAS number: Not available. Basis for action: The PMN states that the use of the substance is as a resin for industrial coatings. Based on test data on the PMN substance, EPA predicts toxicity to aquatic organisms may occur at concentrations that exceed 1 ppb of VerDate Mar<15>2010 15:45 Feb 11, 2014 Jkt 232001 the PMN substance in surface waters. As described in the PMN, releases of the substance are not expected to result in surface water concentrations that exceed 1 ppb. Therefore, EPA has not determined that the proposed manufacturing, processing, or use of the substance may present an unreasonable risk. EPA has determined, however, that any use of the substance resulting in releases to surface waters exceeding 1 ppb may result in significant adverse environmental effects. Based on this information, the PMN substance meets the concern criteria at § 721.170(b)(4)(i). Recommended testing: EPA has determined that the results of a daphnid chronic toxicity test (OPPTS Test Guideline 850.1300) and a fish early-life stage toxicity test (OPPTS Test Guideline 850.1400) would help characterize the environmental effects of the PMN substance. CFR citation: 40 CFR 721.10707. PMN Number P-13-152 Chemical name: Zirconium substituted heteropolycyclic (generic). CAS number: Not available. Basis for action: The PMN states that the generic (non-confidential) use of the substance is a contained use in electronic equipment. Based on EcoSAR analysis of test data on analogous zirconium compounds, EPA predicts toxicity to aquatic organisms may occur at concentrations that exceed 10 ppb of the PMN substance in surface waters. As described in the PMN, releases of the PMN substance are not expected to result in surface water concentrations that exceed 10 ppb. Therefore, EPA has not determined that the proposed manufacturing, processing, or use of the substance may present an unreasonable risk. EPA has determined, however, that any use of the substance resulting in releases to surface water concentrations exceeding 10 ppb may cause significant adverse environmental effects. Based on this information, the PMN substance meets the concern criteria at § 721.170(b)(4)(ii). Recommended testing: EPA has determined that the results of an algal toxicity test (OCSPP Test Guideline 850.4500), a daphnid chronic toxicity test (OPPTS Test Guideline 850.1300), and a fish early-life stage toxicity test (OPPTS Test Guideline 850.1400) would help characterize the environmental effects of the PMN substance. EPA also recommends that the guidance document on aquatic toxicity testing of difficult substance and mixtures (OECD Test Guideline 23) be followed. CFR citation: 40 CFR 721.10708. PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 PMN Number P-13-168 Chemical name: Alkylphenol (generic). CAS number: Not available. Basis for action: The PMN states that the use of the substance is as a reactant for a lubricant additive. Based on EcoSAR analysis of test data on analogous phenols, EPA predicts toxicity to aquatic organisms may occur at concentrations that exceed 1 ppb of the PMN substance in surface waters. As described in the PMN, releases of the substance are not expected to result in surface water concentrations that exceed 1 ppb. Therefore, EPA has not determined that the proposed manufacturing, processing, or use of the substance may present an unreasonable risk. EPA has determined, however, that any use of the substance resulting in surface water concentrations exceeding 1 ppb may cause significant adverse environmental effects. Based on this information, the PMN substance meets the concern criteria at § 721.170(b)(4)(ii). Recommended testing: EPA has determined that the results of a daphnid chronic toxicity test (OPPTS Test Guideline 850.1300), a fish early-life stage toxicity test (OPPTS Test Guideline 850.1400), and an algal toxicity test (OCSPP Test Guideline 850.4500) would help characterize the environmental effects of the PMN substance. EPA also recommends that the guidance document on aquatic toxicity testing of difficult substances and mixtures (OECD Test Guideline 23) be followed. CFR citation: 40 CFR 721.10709. PMN Number P-13-192 Chemical name: 4,7-Methano-1Hindene, 3a,4,7,7a-tetrahydro-, polymer with 2-methyl-1,3-butadiene and 5-(1methylethenyl)bicyclo[2.2.1]hept-2-ene. CAS number: 1412159–51–3. Basis for action: The PMN states that the substance is used as a rubber additive. Based on EcoSAR analysis of test data on analogous neutral organics, EPA predicts toxicity to aquatic organisms may occur at concentrations that exceed 1 ppb of the PMN substance in surface waters. As described in the PMN, releases of the substance are not expected to result in surface water concentrations that exceed 1 ppb. Therefore, EPA has not determined that the proposed manufacturing, processing, or use of the substance may present an unreasonable risk. EPA has determined, however, that any use of the substance resulting in surface water concentrations exceeding 1 ppb may result in significant adverse E:\FR\FM\12FER1.SGM 12FER1 Federal Register / Vol. 79, No. 29 / Wednesday, February 12, 2014 / Rules and Regulations sroberts on DSK5SPTVN1PROD with RULES environmental effects. Based on this information, the PMN substance meets the concern criteria at § 721.170(b)(4)(ii). Recommended testing: EPA has determined that the results of a daphnid chronic toxicity test (OPPTS Test Guideline 850.1300), a fish early-life stage toxicity test (OPPTS Test Guideline 850.1400), and an algal toxicity test (OCSPP Test Guideline 850.4500) would help characterize the environmental effects of the PMN substance. EPA also recommends that the guidance document on aquatic toxicity testing of difficult substances and mixtures (OECD Test Guideline 23) be followed. CFR citation: 40 CFR 721.10710. PMN Number P-13-197 Chemical name: Alkyl substituted catechol (generic). CAS number: Not available. Basis for action: The PMN states that the generic (non-confidential) use of the substance will be as a raw material for organic synthesis. Based on test data on an analog, EPA identified potential human health concerns regarding oncogenicity, skin and eye irritation and corrosion, dermal sensitization, mutagenicity, and developmental toxicity from exposure to the PMN substance via inhalation, dermal, and drinking water exposures. Further, based on EcoSAR analysis of test data on analogous polyphenols, EPA predicts toxicity to aquatic organisms may occur at concentrations that exceed 20 ppb of the PMN substance in surface waters. This concentration is also expected by the Agency to be protective of human health concerns via drinking water exposures. As described in the PMN, occupational exposure is expected to be minimal due to the use of impervious gloves and a NIOSH-certified particulate respirator with an APF of 1,000; and releases to surface waters are not expected which then effectively limits drinking water exposures. Therefore, EPA has not determined that the proposed manufacturing, processing, or use of the substance may present an unreasonable risk. EPA has determined, however, that any use of the substance without the use of impervious gloves, where there is a potential for dermal exposure; use of the substance without a NIOSH-certified particulate respirator with an APF of 1,000, where there is a potential for inhalation exposures; use of the substance other than as an intermediate; or use of the substance resulting in surface water concentrations exceeding 20 ppb may cause serious health effects and significant adverse environmental VerDate Mar<15>2010 15:45 Feb 11, 2014 Jkt 232001 effects. Based on this information, the PMN substance meets the concern criteria at § 721.170(b)(1)(i)(C), (b)(3)(ii), and (b)(4)(ii). Recommended testing: EPA has determined that the results of an algal toxicity test (OCSPP Test Guideline 850.4500); an aquatic invertebrate acute toxicity test, freshwater daphnids (OPPTS Test Guideline 850.1010); a fish acute toxicity test, freshwater and marine (OPPTS Test Guideline 850.1075), as well as either the in vitro skin corrosion: transcutaneous electrical resistance test (TER) (OECD Test Guideline 430) or the in vitro skin corrosion: human skin model test (OECD Test Guideline 431) or the in vitro membrane barrier test method for skin corrosion (OECD Test Guideline 435) would help characterize the human health and environmental effects of the PMN substance. CFR citation: 40 CFR 721.10711. PMN Number P-13-217 Chemical name: Antimony tris(dialkyldithiocarbamate) (generic). CAS number: Not available. Basis for action: The PMN states that the use of the substance is as an extreme pressure, anti-wear additive for greases and oils. Based on EcoSAR analysis of test data on analogous dithiocarbamates, EPA predicts toxicity to aquatic organisms may occur at concentrations that exceed 4 ppb of the PMN substance in surface waters. As described in the PMN, releases of the substance are not expected to result in surface water concentrations that exceed 4 ppb. Therefore, EPA has not determined that the proposed manufacturing, processing, or use of the substance may present an unreasonable risk. EPA has determined, however, that any use of the substance resulting in surface water concentrations exceeding 4 ppb may cause significant adverse environmental effects. Based on this information, the PMN substance meets the concern criteria at § 721.170(b)(4)(ii). Recommended testing: EPA has determined that the results of a daphnid chronic toxicity test (OPPTS Test Guideline 850.1300) and a fish early-life stage toxicity test (OPPTS Test Guideline 850.1400) would help characterize the environmental effects of the PMN substance. CFR citation: 40 CFR 721.10712. PMN Number P-13-259 Chemical name: Antimony tris(dialkyldithiocarbamate) (generic). CAS number: Not available. Basis for action: The PMN states that the use of the substance is as an extreme pressure, anti-wear additive for greases PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 8279 and oils containing the PMN substance and sulfurized isobutylene. Based on EcoSAR analysis of test data on analogous organic antimony dithiocarbamate, EPA predicts toxicity to aquatic organisms may occur at concentrations that exceed 4 ppb of the PMN substance in surface waters. As described in the PMN, releases of the substance are not expected to result in surface water concentrations that exceed 4 ppb. Therefore, EPA has not determined that the proposed manufacturing, processing, or use of the substance may present an unreasonable risk. EPA has determined, however, that any use of the substance resulting in surface water concentrations exceeding 4 ppb may result in significant adverse environmental effects. Based on this information, the PMN substance meets the concern criteria at § 721.170(b)(4)(ii). Recommended testing: EPA has determined that the results of a ready biodegradability test (OECD Test Guideline 301), a daphnid chronic toxicity test (OPPTS Test Guideline 850.1300), and a fish early-life stage toxicity test (OPPTS Test Guideline 850.1400) would help characterize the environmental effects of the PMN substance. EPA also recommends that the guidance document on aquatic toxicity testing of difficult substances and mixtures (OECD Test Guideline 23) be followed. CFR citation: 40 CFR 721.10713. PMN Number P-13-260 Chemical name: Zinc bis(dialkyldithiocarbamate) (generic). CAS number: Not available. Basis for action: The PMN states that the use of the substance is as an extreme pressure, anti-wear additive for greases and oils containing the PMN substance and process oil as well as an extreme pressure, anti-wear additive for greases and oils containing the PMN substance and sulfurized isobutylene. Based on EcoSAR analysis of test data on analogous zinc salts, EPA predicts toxicity to aquatic organisms may occur at concentrations that exceed 7 ppb of the PMN substance in surface waters. As described in the PMN, releases of the substance are not expected to result in surface water concentrations that exceed 7 ppb. Therefore, EPA has not determined that the proposed manufacturing, processing, or use of the substance may present an unreasonable risk. EPA has determined, however, that any use of the substance resulting in surface water concentrations exceeding 7 ppb may result in significant adverse environmental effects. Based on this information, the PMN substance meets E:\FR\FM\12FER1.SGM 12FER1 8280 Federal Register / Vol. 79, No. 29 / Wednesday, February 12, 2014 / Rules and Regulations the concern criteria at § 721.170(b)(4)(ii). Recommended testing: EPA has determined that the results of a ready biodegradability test (OECD Test Guideline 301), a daphnid chronic toxicity test (OPPTS Test Guideline 850.1300), and a fish early-life stage toxicity test (OPPTS Test Guideline 850.1400) would help characterize the environmental effects of the PMN substance. EPA also recommends that the guidance document on aquatic toxicity testing of difficult substances and mixtures (OECD Test Guideline 23) be followed. CFR citation: 40 CFR 721.10714. sroberts on DSK5SPTVN1PROD with RULES PMN Number P-13-346 Chemical name: Carbonic acid, dialkyl ester (generic). CAS number: Not available. Basis for action: The PMN states that the generic (non-confidential) use of the PMN substance will be as an encapsulated part in a polymer matrix used as part of a fragrance slurry in consumer fabric care and cleaning products. Based on test data on the PMN substance and EcoSAR analysis of test data on analogous esters, EPA predicts toxicity to aquatic organisms may occur at concentrations that exceed 1 ppb of the PMN substance in surface waters for greater than 20 days per year. This 20day criterion is derived from partial life cycle tests (daphnid chronic and fish early-life stage tests) that typically range from 21 to 28 days in duration. EPA predicts toxicity to aquatic organisms may occur if releases of the PMN substance to surface water exceed releases from importing 100,000 kilograms of the PMN substance per year. For the use described in the PMN and at the importation volume described in the PMN, environmental releases did not exceed 1 ppb for more than 20 days per year. Therefore, EPA has not determined that the proposed importing, processing, or use of the substance may present an unreasonable risk. EPA has determined, however, that any domestic manufacture of the PMN substance, use of the substance other than as described in the PMN, or importing the PMN substance at volumes greater than 100,000 kilograms per year, could result in exposures which may cause significant adverse environmental effects. Based on this information, the PMN substance meets the concern criteria at § 721.170(b)(4)(i) and (b)(4)(ii). Recommended testing: EPA has determined that the results of a fish early-life stage toxicity test (OPPTS Test Guideline 850.1400) would help VerDate Mar<15>2010 15:45 Feb 11, 2014 Jkt 232001 characterize the environmental effects of the PMN substance. CFR citation: 40 CFR 721.10715. PMN Number P-13-355 Chemical name: Phenol, 2,6dimethyl-, homopolymer, ether with 2,2′,3,3′,5,5′-hexamethyl[1,1′-biphenyl]4,4′-diol (2:1),bis[(ethenylphenyl)methyl] ether. CAS number: 558452–77–0. Basis for action: The PMN states that the use of the substance is as a polymeric coating. Based on test data on the PMN substance, EPA predicts toxicity to aquatic organisms may occur at concentrations that exceed 2 ppb of the PMN substance in surface waters. As described in the PMN, releases of the substance are not expected to result in surface water concentrations that exceed 2 ppb. Therefore, EPA has not determined that the proposed manufacturing, processing, or use of the substance may present an unreasonable risk. EPA has determined, however, that any use of the substance resulting in surface water concentrations exceeding 2 ppb may result in significant adverse environmental effects. Based on this information, the PMN substance meets the concern criteria at § 721.170(b)(4)(i). Recommended testing: EPA has determined that the results of a chironomid sediment toxicity test (OPPTS Test Guideline 850.1790); a whole sediment acute toxicity invertebrates, freshwater or marine (OPPTS Test Guideline 850.1735 or 850.1740); a sediment-water chironomid toxicity using spiked water test (OECD Test Guideline 219); a sediment-water chironomid toxicity test using spiked sediment (OECD Test Guideline 218); a sediment-water lumbriculus toxicity test using spiked sediment (OECD Test Guideline 225); a sediment-water chironomid life-cycle toxicity test using spiked water or spiked sediment (OECD Test Guideline 233); methods for measuring the toxicity and bioaccumulation of sediment-associated contaminants with freshwater invertebrates (EPA 600/R–99/064 March 2000; see http://nepis.epa.gov/Exe/ ZyPDF.cgi/Docket=30003SBA.PDF), and environmental monitoring of the PMN substance would help characterize the environmental effects of the PMN substance. EPA also recommends that the guidance document on aquatic toxicity testing of difficult substances and mixtures (OECD Test Guideline 23) be followed. CFR citation: 40 CFR 721.10716. PMN Number P-13-365 Chemical name: MDI modified polyalkene glycols (generic). PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 CAS number: Not available. Basis for action: The PMN states that the generic (non-confidential) use of the substance will be as an adhesive component. Based on test data on analogous diisocyanates, EPA identified concerns for dermal and respiratory sensitization, and lung and mucous membrane irritation effects. For the use described in the PMN, EPA does not expect significant occupational or consumer inhalation exposure due to the use of adequate personal protective equipment and because the substance is not applied using a method that generates a vapor, mist, or aerosol nor is it used in a consumer product. Therefore, EPA has not determined that the proposed manufacturing, processing, or use of the substance may present an unreasonable risk. EPA has determined, however, that any use of the substance without a NIOSH-certified particulate respirator with an APF of at least 10, where there is a potential for inhalation exposures; any use of the substance in consumer products; or any use of the substance involving an application method that generates a vapor, mist, or aerosol, may cause serious health effects. Based on this information, the PMN substance meets the concern criteria at § 721.170(b)(3)(ii). Recommended testing: EPA has determined that the results of a skin sensitization test (OPPTS Test Guideline 870.2600) and a 90-day inhalation toxicity test (OPPTS Test Guideline 870.3465) would help characterize the human health effects of the PMN substance. CFR citation: 40 CFR 721.10717. PMN Number P-13-374 Chemical name: Substituted picolinic acid (generic). CAS number: Not available. Basis for action: The PMN states that the specific use of the substance will be as a pesticide intermediate. Based on test data of the PMN substance and close analogs, the Agency identified human health concerns for systemic and developmental toxicities, neurotoxicity, and oncogenicity from dermal, drinking water, and inhalation exposures. Further, based on test data on the PMN substance, EPA predicts toxicity to aquatic organisms may occur at concentrations that exceed 180 ppb of the PMN substance in surface water. This concentration is also expected by the Agency to be protective of human health concerns via drinking water exposure. For the use described in the PMN, EPA does not expect significant occupational exposures and releases of the PMN substance are not expected to E:\FR\FM\12FER1.SGM 12FER1 Federal Register / Vol. 79, No. 29 / Wednesday, February 12, 2014 / Rules and Regulations result in surface water concentrations that exceed 180 ppb which then effectively limits drinking water exposures. Therefore, EPA has not determined that the proposed manufacturing, processing, or use of the substance may present an unreasonable risk. EPA has determined, however, that any use of the substance other than as a pesticide intermediate could result in exposures which may cause serious health or ecological effects. Based on this information, the PMN substance meets the concern criteria at § 721.170(b)(1)(i)(C), (b)(3)(i), and (b)(4)(i). Recommended testing: EPA has determined that the results of industrial workplace monitoring and environmental release information would help characterize the health and environmental effects of the PMN substance. CFR citation: 40 CFR 721.10718. sroberts on DSK5SPTVN1PROD with RULES PMN Number P-13-392 Chemical name: Acrylic acid esters polymers, reaction products with polyisocyanate (generic). CAS number: Not available. Basis for action: The PMN states that the generic (non-confidential) use of the substance will be for wood, plastic, and automotive paint material. Based on test data on analogous diisocyanates, EPA identified concerns for dermal and respiratory sensitization, irritation to all moist tissues, and lung effects if inhaled based on the low molecular weight isocyanates, to workers exposed to the PMN substance. As described in the PMN, worker inhalation exposure is not expected and dermal exposure will be minimal due to the use of adequate personal protective equipment. Therefore, EPA has not determined that the proposed manufacturing, processing, or use of the substance may present an unreasonable risk. EPA has determined, however, that any use of the substance without a NIOSH-certified respirator with an APF of at least 10, where there is potential inhalation exposure; or any use of the PMN substance in a consumer product, may cause serious health effects. Based on this information, the PMN substance meets the concern criteria at § 721.170(b)(3)(ii). Recommended testing: EPA has determined that the results of a skin sensitization test (OPPTS Test Guideline 870.2600) and a 90-day inhalation toxicity test (OPPTS Test Guideline 870.3465) would help characterize the human health effects of the PMN substance. CFR citation: 40 CFR 721.10719. VerDate Mar<15>2010 15:45 Feb 11, 2014 Jkt 232001 PMN Number P-13-393 Chemical name: 1,3Benzenedicarboxylic acid, polymer with 1,4-benzenedicarboxylic acid, 1,4dimethyl 1,4-benzenedicarboxylate, 2,2dimethyl-1,3propanediol,dodecanedioic acid, 1,2ethanediol, hexanedioic acid, 1,6hexanediol, alkyldiol ester and aromatic isocyanate (generic). CAS number: Not available. Basis for action: The PMN states that the generic (non-confidential) use of the substance will be as an industrial adhesive. Based on test data on analogous diisocyanates, the Agency identified concerns for dermal and respiratory sensitization, irritation to all moist tissues, and lung effects if inhaled based on the low molecular weight isocyanates. For the use described in the PMN, EPA does not expect significant occupational or consumer inhalation exposure due to the use of adequate personal protective equipment and because the substance is not applied using a method that generates a vapor, mist, or aerosol nor is the substance used in a consumer product. Therefore, EPA has not determined that the proposed manufacturing, processing, or use of the substance may present an unreasonable risk. EPA has determined, however, that any use of the substance without a NIOSH-certified particulate respirator with an APF of at least 10, where there is a potential for inhalation exposures; any use of the substance in consumer products; or any use of the substance involving an application method that generates a vapor, mist, or aerosol, may cause serious health effects. Based on this information, the PMN substance meets the concern criteria at § 721.170(b)(3)(ii). Recommended testing: EPA has determined that the results of a skin sensitization test (OPPTS Test Guideline 870.2600) and a 90-day inhalation toxicity test (OPPTS Test Guideline 870.3465) would help characterize the human health effects of the PMN substance. CFR citation: 40 CFR 721.10720. PMN Number P-13-455 Chemical name: Poly(oxy-1,2ethanediyl), .alpha.,.alpha.′-[(1methylethylidene)di-4,1phenylene]bis[.omega.-[[6-(2,5-dihydro2,5-dioxo-1H-pyrrol-1-yl)-1oxohexyl]oxy]-. CAS number: Not available. Basis for action: The PMN states that the generic (non-confidential) use of the substance will be as a conductive adhesive in the electronics industry. Based on EcoSAR analysis of test data PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 8281 on analogous imides and esters, EPA predicts toxicity to aquatic organisms may occur at concentrations that exceed 1 ppb of the PMN substance in surface waters. For the specific use described in the PMN, environmental releases are not expected to result in surface water concentrations that exceed 1 ppb. Therefore, EPA has not determined that the proposed manufacturing, processing, or use of the substance may present an unreasonable risk. EPA has determined, however, that any use of the PMN substance resulting in surface water concentrations exceeding 1 ppb may cause significant adverse environmental effects. Based on this information, the PMN substances meet the concern criteria at § 721.170(b)(4)(ii). Recommended testing: EPA has determined that the results of a fish early-life stage toxicity test (OPPTS Test Guideline 850.1400) and a daphnid chronic toxicity test (OPPTS Test Guideline 850.1300) would help characterize the environmental effects of the PMN substance. CFR citation: 40 CFR 721.10721. PMN Number P-13-468 Chemical name: Oxirane,2-[(1propen-1-yloxy)methyl]-. CAS number: 1607–23–4. Basis for action: The PMN states that the substance will be used as a sitelimited chemical intermediate to make a curable monomer. Based on test data on analogous epoxides, EPA identified concerns for skin and lung sensitization, mutagenicity, oncogenicity, developmental toxicity, male reproductive, liver, and kidney toxicity to workers exposed to the PMN substance. As described in the PMN, worker inhalation exposure is not expected and dermal exposure will be minimal due to the use as an intermediate and use of adequate personal protective equipment. Therefore, EPA has not determined that the proposed manufacturing, processing, or use of the substance may present an unreasonable risk. EPA has determined, however, that any use of the substance without a NIOSH-certified respirator with an APF of at least 10, where there is potential inhalation exposure; the use of the substance without impervious gloves, where there is potential for dermal exposure; or use other than as an intermediate may cause serious health effects. Based on this information, the PMN substances meet the concern criteria at § 721.170(b)(1)(i)(C) and (b)(3)(ii). Recommended testing: EPA has determined that the results of a carcinogenicity test (OPPTS Test E:\FR\FM\12FER1.SGM 12FER1 8282 Federal Register / Vol. 79, No. 29 / Wednesday, February 12, 2014 / Rules and Regulations Guideline 870.4200) and a 90-day oral toxicity in rodents test (OPPTS Test Guideline 870.3100) would help characterize the human health effects of the PMN substance. CFR citation: 40 CFR 721.10722. sroberts on DSK5SPTVN1PROD with RULES PMN Number P-13-471 Chemical name: Methylene diisocyanate polymer with polypropylene glycol and diols (generic). CAS number: Not available. Basis for action: The PMN states that the generic (non-confidential) use of the substance will be as an industrial adhesive. Based on test data on analogous diisocyanates, EPA identified concerns for oncogenicity, mutagenicity, respiratory and dermal sensitization, and lung and mucous membrane irritation to workers exposed to the PMN substance. As described in the PMN, worker inhalation exposure is not expected and dermal exposure will be minimal due to the use as an intermediate and use of adequate personal protective equipment. Therefore, EPA has not determined that the proposed manufacturing, processing, or use of the substance may present an unreasonable risk. EPA has determined, however, that any use of the substance without a NIOSH-certified particulate respirator with an APF of at least 10, where there is potential inhalation exposure, or the use of the substance in a consumer product, may cause serious health effects. Based on this information, the PMN substance meets the concern criteria at § 721.170(b)(1)(i)(C) and (b)(3)(ii). Recommended testing: EPA has determined that the results of a skin sensitization test (OPPTS Test Guideline 870.2600) and a 90-day inhalation toxicity test (OPPTS Test Guideline 870.3465) would help characterize the human health effects of the PMN substance. CFR citation: 40 CFR 721.10723. PMN Number P-13-472 Chemical name: Oxirane,[[2-(2ethenyloxy)ethoxy]methyl]-. CAS number: 16801–19–7. Basis for action: The PMN states that the substance will be used as a sitelimited intermediate to manufacture a curable monomer. Based on test data on analogous epoxides, EPA identified concerns for skin and lung sensitization, mutagenicity, oncogenicity, developmental toxicity, male reproductive, liver, and kidney toxicity to workers exposed to the PMN substance. In addition, based on analogous vinyl ethers, there were concerns for oncogenicity, reproductive VerDate Mar<15>2010 15:45 Feb 11, 2014 Jkt 232001 toxicity, and blood toxicity. As described in the PMN, worker inhalation exposure is not expected and dermal exposure will be minimal due to the use as an intermediate and use of adequate personal protective equipment. Therefore, EPA has not determined that the proposed manufacturing, processing, or use of the substance may present an unreasonable risk. EPA has determined, however, that any use of the substance without a NIOSH-certified respirator with an APF of at least 10, where there is potential inhalation exposure; the use of the substance without impervious gloves, where there is potential for dermal exposure; or use other than as an intermediate may cause serious health effects. Based on this information, the PMN substances meet the concern criteria at § 721.170(b)(1)(i)(C) and (b)(3)(ii). Recommended testing: EPA has determined that the results of a carcinogenicity test (OPPTS Test Guideline 870.4200) and a 90-day oral toxicity in rodents test (OPPTS Test Guideline 870.3100) would help characterize the human health effects of the PMN substance. CFR citation: 40 CFR 721.10724. V. Rationale and Objectives of the Rule A. Rationale During review of the PMNs submitted for the chemical substances that are subject to these SNURs, EPA concluded that for 14 of the 35 chemical substances, regulation was warranted under TSCA section 5(e), pending the development of information sufficient to make reasoned evaluations of the health or environmental effects of the chemical substances. The basis for such findings is outlined in Unit IV. Based on these findings, TSCA section 5(e) consent orders requiring the use of appropriate exposure controls were negotiated with the PMN submitters. The SNUR provisions for these chemical substances are consistent with the provisions of the TSCA section 5(e) consent orders. These SNURs are promulgated pursuant to § 721.160 (see Unit VI.). In the other 21 cases, where the uses are not regulated under a TSCA section 5(e) consent order, EPA determined that one or more of the criteria of concern established at § 721.170 were met, as discussed in Unit IV. B. Objectives EPA is issuing these SNURs for specific chemical substances which have undergone premanufacture review because the Agency wants to achieve PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 the following objectives with regard to the significant new uses designated in this rule: • EPA will receive notice of any person’s intent to manufacture 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 or processing a listed chemical substance for the described significant new use. • EPA will be able to regulate prospective manufacturers 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, or 7. • EPA will ensure that all manufacturers and processors of the same chemical substance that is subject to a TSCA section 5(e) consent order are subject to similar requirements. 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 http://www.epa.gov/opptintr/ existingchemicals/pubs/tscainventory/ index.html. VI. Direct Final Procedures EPA is issuing these SNURs as a direct final rule, as described in § 721.160(c)(3) and § 721.170(d)(4). In accordance with § 721.160(c)(3)(ii) and § 721.170(d)(4)(i)(B), the effective date of this rule is April 14, 2014 without further notice, unless EPA receives written adverse or critical comments, or notice of intent to submit adverse or critical comments before March 14, 2014. If EPA receives written adverse or critical comments, or notice of intent to submit adverse or critical comments, on one or more of these SNURs before March 14, 2014, EPA will withdraw the relevant sections of this direct final rule before its effective date. EPA will then issue a proposed SNUR for the chemical substance(s) on which adverse or critical comments were received, providing a 30-day period for public comment. This rule establishes SNURs for a number of chemical substances. Any person who submits adverse or critical comments, or notice of intent to submit adverse or critical comments, must identify the chemical substance and the new use to which it applies. EPA will not withdraw a SNUR for a chemical E:\FR\FM\12FER1.SGM 12FER1 Federal Register / Vol. 79, No. 29 / Wednesday, February 12, 2014 / Rules and Regulations substance not identified in the comment. sroberts on DSK5SPTVN1PROD with RULES VII. Applicability of the Significant New Use Designation To establish a significant new use, EPA must determine that the use is not ongoing. The chemical substances subject to this rule have undergone premanufacture review. In cases where EPA has not received a notice of commencement (NOC) and the chemical substance has not been added to the TSCA Inventory, no person may commence such activities without first submitting a PMN. Therefore, for chemical substances for which an NOC has not been submitted EPA concludes that the designated significant new uses are not ongoing. When chemical substances identified in this rule are added to the TSCA Inventory, EPA recognizes that, before the rule is effective, other persons might engage in a use that has been identified as a significant new use. However, TSCA section 5(e) consent orders have been issued for 14 of the 35 chemical substances, and the PMN submitters are prohibited by the TSCA section 5(e) consent orders from undertaking activities which would be designated as significant new uses. The identities of 29 of the 35 chemical substances subject to this rule have been claimed as confidential and EPA has received no post-PMN bona fide submissions (per §§ 720.25 and 721.11). Based on this, the Agency believes that it is highly unlikely that any of the significant new uses described in the regulatory text of this rule are ongoing. Therefore, EPA designates February 12, 2014 as the cutoff date for determining whether the new use is ongoing. Persons who begin commercial manufacture or processing of the chemical substances for a significant new use identified as of that date would have to cease any such activity upon the effective date of the final rule. To resume their activities, these persons would have to first comply with all applicable SNUR notification requirements and wait until the notice review period, including any extensions, expires. If such a person met the conditions of advance compliance under § 721.45(h), the person would be considered exempt from the requirements of the SNUR. Consult the Federal Register document of April 24, 1990 for a more detailed discussion of the cutoff date for ongoing uses. VIII. Test Data and Other Information EPA recognizes that TSCA section 5 does not require developing any VerDate Mar<15>2010 15:45 Feb 11, 2014 Jkt 232001 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 40 CFR 720.50). However, upon review of PMNs and SNUNs, the Agency has the authority to require appropriate testing. In cases where EPA issued a TSCA section 5(e) consent order that requires or recommends certain testing, Unit IV. lists those tests. Unit IV. also lists recommended testing for non-section 5(e) SNURs. 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. To access the OCSPP test guidelines referenced in this document electronically, please go to http:// www.epa.gov/ocspp and select ‘‘Test Methods and Guidelines.’’ The Organisation for Economic Co-operation and Development (OECD) test guidelines are available from the OECD Bookshop at http:// www.oecdbookshop.org or SourceOECD at http://www.sourceoecd.org. In the TSCA section 5(e) consent orders for several of the chemical substances regulated under this rule, EPA has established production volume limits in view of the lack of data on the potential health and environmental risks that may be posed by the significant new uses or increased exposure to the chemical substances. These limits cannot be exceeded unless the PMN submitter first submits the results of toxicity tests that would permit a reasoned evaluation of the potential risks posed by these chemical substances. Listings of the tests specified in the TSCA section 5(e) consent orders are included in Unit IV. The SNURs contain the same production volume limits as the TSCA section 5(e) consent orders. Exceeding these production limits is defined as a significant new use. Persons who intend to exceed the production limit must notify the Agency by submitting a SNUN at least 90 days in advance of commencement of non-exempt commercial manufacture or processing. PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 8283 The recommended tests specified in Unit IV. may not be the only means of addressing the potential risks of the chemical substance. However, submitting a SNUN without any test data may increase the likelihood that EPA will take action under TSCA section 5(e), particularly if satisfactory test results have not been obtained from a prior PMN or SNUN submitter. EPA recommends that potential SNUN submitters contact EPA early enough so that they will be able to conduct the appropriate tests. 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 substances. • Potential benefits of the chemical substances. • Information on risks posed by the chemical substances compared to risks posed by potential substitutes. IX. Procedural Determinations By this rule, EPA is establishing certain significant new uses which have been claimed as CBI subject to Agency confidentiality regulations at 40 CFR part 2 and 40 CFR part 720, subpart E. Absent a final determination or other disposition of the confidentiality claim under 40 CFR part 2 procedures, EPA is required to keep this information confidential. EPA promulgated a procedure to deal with the situation where a specific significant new use is CBI, at 40 CFR 721.1725(b)(1). Under these procedures a manufacturer or processor may request EPA to determine whether a proposed use would be a significant new use under the rule. The manufacturer or processor must show that it has a bona fide intent to manufacture or process the chemical substance and must identify the specific use for which it intends to manufacture or process the chemical substance. If EPA concludes that the person has shown a bona fide intent to manufacture or process the chemical substance, EPA will tell the person whether the use identified in the bona fide submission would be a significant new use under the rule. Since most of the chemical identities of the chemical substances subject to these SNURs are also CBI, manufacturers and processors can combine the bona fide submission under the procedure in § 721.1725(b)(1) with that under § 721.11 into a single step. If EPA determines that the use identified in the bona fide submission would not be a significant new use, i.e., E:\FR\FM\12FER1.SGM 12FER1 8284 Federal Register / Vol. 79, No. 29 / Wednesday, February 12, 2014 / Rules and Regulations the use does not meet the criteria specified in the rule for a significant new use, that person can manufacture or process the chemical substance so long as the significant new use trigger is not met. In the case of a production volume trigger, this means that the aggregate annual production volume does not exceed that identified in the bona fide submission to EPA. Because of confidentiality concerns, EPA does not typically disclose the actual production volume that constitutes the use trigger. Thus, if the person later intends to exceed that volume, a new bona fide submission would be necessary to determine whether that higher volume would be a significant new use. X. 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 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 40 CFR 720.40 and § 721.25. E–PMN software is available electronically at http:// www.epa.gov/opptintr/newchems. XI. Economic Analysis EPA has evaluated the potential costs of establishing SNUN requirements for potential manufacturers and processors of the chemical substances subject to this rule. EPA’s complete economic analysis is available in the docket under docket ID number EPA–HQ–OPPT– 2013–0739. XII. Statutory and Executive Order Reviews sroberts on DSK5SPTVN1PROD with RULES A. Executive Order 12866 This rule establishes SNURs for several new chemical substances that were the subject of PMNs, or TSCA section 5(e) consent orders. 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 VerDate Mar<15>2010 15:45 Feb 11, 2014 Jkt 232001 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 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 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. PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 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 XI. 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 rule. As such, EPA has determined that this 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 rule does not have Tribal implications because it is not expected to have substantial direct effects on Indian Tribes. This 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 rule. G. Executive Order 13045 This action is not subject to Executive Order 13045, entitled ‘‘Protection of Children from Environmental Health E:\FR\FM\12FER1.SGM 12FER1 Federal Register / Vol. 79, No. 29 / Wednesday, February 12, 2014 / Rules and Regulations 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. 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 § 14;9.1, add the following sections in numerical order under the undesignated center heading ‘‘Significant New Uses of Chemical Substances’’ to read as follows: ■ § 9.1 OMB approvals under the Paperwork Reduction 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 40 CFR Part 9 Environmental protection, Reporting and recordkeeping requirements. 40 CFR Part 721 sroberts on DSK5SPTVN1PROD with RULES Environmental protection, Chemicals, Hazardous substances, Reporting and recordkeeping requirements. Dated: February 3, 2014. Maria J. Doa, Director, Chemical Control Division, Office of Pollution Prevention and Toxics. 15:45 Feb 11, 2014 Jkt 232001 * * * * Significant New Uses of Chemical Substances * 721.10695 721.10696 721.10697 721.10698 721.10699 721.10700 721.10701 721.10702 721.10703 721.10704 721.10705 721.10706 721.10707 721.10708 721.10709 721.10710 721.10711 721.10712 721.10713 721.10714 721.10715 721.10716 721.10717 721.10718 721.10719 721.10720 721.10721 721.10722 721.10723 721.10724 * * * ............................. ............................. ............................. ............................. ............................. ............................. ............................. ............................. ............................. ............................. ............................. ............................. ............................. ............................. ............................. ............................. ............................. ............................. ............................. ............................. ............................. ............................. ............................. ............................. ............................. ............................. ............................. ............................. ............................. ............................. * * * * 2070–0012 2070–0012 2070–0012 2070–0012 2070–0012 2070–0012 2070–0012 2070–0012 2070–0012 2070–0012 2070–0012 2070–0012 2070–0012 2070–0012 2070–0012 2070–0012 2070–0012 2070–0012 2070–0012 2070–0012 2070–0012 2070–0012 2070–0012 2070–0012 2070–0012 2070–0012 2070–0012 2070–0012 2070–0012 2070–0012 * * PART 721—[AMENDED] 3. The authority citation for part 721 continues to read as follows: ■ Therefore, 40 CFR parts 9 and 721 are amended as follows: VerDate Mar<15>2010 OMB control No. 40 CFR citation * XIII. Congressional Review Act 4. Add § 721.10695 to subpart E to read as follows: ■ PART 9—[AMENDED] 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). 8285 Authority: 15 U.S.C. 2604, 2607, and 2625(c). PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 § 721.10695 1,2,3-Propanetricarboxamide, N1,N2,N3-tris(2-methylcyclohexyl)-. (a) Chemical substance and significant new uses subject to reporting. (1) The chemical substance identified as 1,2,3-Propanetricarboxamide, N1,N2,N3-tris(2-methylcyclohexyl)(PMN P-08-179; CAS No. 160535-46-6) 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) Release to water. Requirements as specified in § 721.90(a)(4), (b)(4), and (c)(4) (N = 12). (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 § 721.125(a), (b), (c), and (k) are applicable to manufacturers and processors of this substance. (2) Limitations or revocation of certain notification requirements. The provisions of § 721.185 apply to this section. ■ 5. Add § 721.10696 to subpart E to read as follows: § 721.10696 (generic). Polyfluorinated alkyl thiol (a) Chemical substances and significant new uses subject to reporting. (1) The chemical substances identified generically as polyfluorinated alkyl thiol (PMNs P-11-483 and P-11-528) are 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) Hazard communication program. A significant new use of the substances is any manner or method of manufacture or processing associated with any use of the substances without providing risk notification as follows: (A) If as a result of the test data required under the TSCA section 5(e) consent order for the substances, the employer becomes aware that the substances may present a risk of injury to human health or the environment, the employer must incorporate this new information, and any information on methods for protecting against such risk, into a MSDS as described in § 721.72(c) within 90 days from the time the employer becomes aware of the new information. If the substance(s) are not being manufactured, processed, or used in the employer’s workplace, the employer must add the new information to a MSDS before the substance(s) are reintroduced into the workplace. E:\FR\FM\12FER1.SGM 12FER1 8286 Federal Register / Vol. 79, No. 29 / Wednesday, February 12, 2014 / Rules and Regulations (A) If as a result of the test data required under the TSCA section 5(e) consent order for this substance, the employer becomes aware that this substance may present a risk of injury to human health or the environment, the employer must incorporate this new information, and any information on methods for protecting against such risk, into a MSDS as described in § 721.72(c) within 90 days from the time the employer becomes aware of the new information. If this substance is not being manufactured, processed, or used in the employer’s workplace, the employer must add the new information to a MSDS before the substance is reintroduced into the workplace. (B) The employer must ensure that persons who will receive the PMN substance from the employer, or who have received the PMN substance from the employer within 5 years from the date the employer becomes aware of the new information described in paragraph (a)(2)(i)(A) of this section, are provided an MSDS containing the information required under paragraph (a)(2)(i)(A) of this section within 90 days from the time the employer becomes aware of the new information. (ii) Industrial, commercial, and consumer activities. Requirements as specified in § 721.80(k) (a significant new use is any use other than as allowed by the section 5(e) consent order which includes analysis and reporting and limitations of maximum impurity levels of certain fluorinated impurities), (o) (use in a consumer product that could be spray applied), (q), and (t). (iii) Disposal. Requirements as specified in § 721.85(a)(1) and (b)(1) (at a temperature of at least 1,000 degrees C with a minimum residence time of 2 seconds). (iv) Release to water. Requirements as specified in § 721.90(a)(1), (b)(1), and (c)(1), except for releases allowed by the section 5(e) the consent order. (b) Specific requirements. The § 721.10697 Polyfluorinated alkyl provisions of subpart A of this part polyamide (generic). apply to this section except as modified (a) Chemical substance and significant new uses subject to reporting. by this paragraph. (1) Recordkeeping. Recordkeeping (1) The chemical substance identified requirements as specified in generically as polyfluorinated alkyl polyamide (PMN P-11-487) is subject to § 721.125(a), (b), (c), (f), (h), (i), (j), and (k) are applicable to manufacturers and reporting under this section for the processors of this substance. significant new uses described in (2) Limitations or revocation of paragraph (a)(2) of this section. certain notification requirements. The (2) The significant new uses are: (i) Hazard communication program. A provisions of § 721.185 apply to this section. significant new use of this substance is (3) Determining whether a specific use any manner or method of manufacture or processing associated with any use of is subject to this section. The provisions of § 721.1725(b)(1) apply to paragraph this substance without providing risk (a)(2)(ii) of this section. notification as follows: sroberts on DSK5SPTVN1PROD with RULES (B) The employer must ensure that persons who will receive the PMN substance(s) from the employer, or who have received the PMN substance(s) from the employer within 5 years from the date the employer becomes aware of the new information described in paragraph (a)(2)(i)(A) of this section, are provided an MSDS containing the information required under paragraph (a)(2)(i)(A) of this section within 90 days from the time the employer becomes aware of the new information. (ii) Industrial, commercial, and consumer activities. Requirements as specified in § 721.80(k) (a significant new use is any use other than as allowed by the section 5(e) consent order which includes analysis and reporting and limitations of maximum impurity levels of certain fluorinated impurities), and (o) (use in a consumer product that could be spray applied). (iii) Disposal. Requirements as specified in § 721.85(a)(1) and (b)(1) (at a temperature of at least 1,000 degrees C with a minimum residence time of 2 seconds). (iv) Release to water. Requirements as specified in § 721.90(a)(1), (b)(1), and (c)(1), except for releases allowed by the section 5(e) the consent order . (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 § 721.125(a), (b), (c), (d), (f), (h), (j) and (k) are applicable to manufacturers and processors of these substances. (2) Limitations or revocation of certain notification requirements. The provisions of § 721.185 apply to this section. (3) Determining whether a specific use is subject to this section. The provisions of § 721.1725(b)(1) apply to paragraph (a)(2)(ii) of this section. ■ 6. Add § 721.10697 to subpart E to read as follows: VerDate Mar<15>2010 15:45 Feb 11, 2014 Jkt 232001 PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 7. Add § 721.10698 to subpart E to read as follows: ■ § 721.10698 (generic). Polyfluorinated alkyl halide (a) Chemical substance and significant new uses subject to reporting. (1) The chemical substance identified generically as polyfluorinated alkyl halide (PMN P-11-527) 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) Hazard communication program. A significant new use of this substance is any manner or method of manufacture or processing associated with any use of this substance without providing risk notification as follows: (A) If as a result of the test data required under the TSCA section 5(e) consent order for this substance, the employer becomes aware that this substance may present a risk of injury to human health or the environment, the employer must incorporate this new information, and any information on methods for protecting against such risk, into a MSDS as described in § 721.72(c) within 90 days from the time the employer becomes aware of the new information. If this substance is not being manufactured, processed, or used in the employer’s workplace, the employer must add the new information to a MSDS before the substance is reintroduced into the workplace. (B) The employer must ensure that persons who will receive the PMN substance from the employer, or who have received the PMN substance from the employer within 5 years from the date the employer becomes aware of the new information described in paragraph (a)(2)(i)(A) of this section, are provided an MSDS containing the information required under paragraph (a)(2)(i)(A) of this section within 90 days from the time the employer becomes aware of the new information. (ii) Industrial, commercial, and consumer activities. Requirements as specified in § 721.80(k) (a significant new use is any use other than as allowed by the section 5(e) consent order which includes analysis and reporting and limitations of maximum impurity levels of certain fluorinated impurities), and (o) (use in a consumer product that could be spray applied). (iii) Disposal. Requirements as specified in § 721.85(a)(1) and (b)(1) (at a temperature of at least 1,000 degrees C with a minimum residence time of 2 seconds). (iv) Release to water. Requirements as specified in § 721.90(a)(1), (b)(1), and E:\FR\FM\12FER1.SGM 12FER1 Federal Register / Vol. 79, No. 29 / Wednesday, February 12, 2014 / Rules and Regulations time the employer becomes aware of the new information. (ii) Industrial, commercial, and consumer activities. Requirements as specified in § 721.80(k) (a significant new use is any use other than as allowed by the section 5(e) consent order which includes analysis and reporting and limitations of maximum impurity levels of certain fluorinated impurities), and (o) (use in a consumer product that could be spray applied). (iii) Disposal. Requirements as specified in § 721.85(a)(1) and (b)(1) (at a temperature of at least 1,000 degrees C with a minimum residence time of 2 seconds). (iv) Release to water. Requirements as specified in § 721.90(a)(1), (b)(1), and (c)(1), except for releases allowed by the section 5(e) the consent order. (b) Specific requirements. The provisions of subpart A of this part § 721.10699 Polyfluorinated alkyl thio apply to this section except as modified acrylamide (generic). by this paragraph. (a) Chemical substance and (1) Recordkeeping. Recordkeeping significant new uses subject to reporting. requirements as specified in (1) The chemical substance identified generically as polyfluorinated alkyl thio § 721.125(a), (b), (c), (d), (f), (h), (j), and (k) are applicable to manufacturers and acrylamide (PMN P–11–529) is subject processors of this substance. to reporting under this section for the (2) Limitations or revocation of significant new uses described in certain notification requirements. The paragraph (a)(2) of this section. provisions of § 721.185 apply to this (2) The significant new uses are: section. (i) Hazard communication program. A (3) Determining whether a specific use significant new use of this substance is is subject to this section. The provisions any manner or method of manufacture of § 721.1725(b)(1) apply to paragraph or processing associated with any use of (a)(2)(ii) of this section. this substance without providing risk ■ 9. Add § 721.10700 to subpart E to notification as follows: read as follows: (A) If as a result of the test data sroberts on DSK5SPTVN1PROD with RULES (c)(1), except for releases allowed by the section 5(e) the consent order. (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 § 721.125(a), (b), (c), (d), (f), (h), (j), and (k) are applicable to manufacturers and processors of this substance. (2) Limitations or revocation of certain notification requirements. The provisions of § 721.185 apply to this section. (3) Determining whether a specific use is subject to this section. The provisions of § 721.1725(b)(1) apply to paragraph (a)(2)(ii) of this section. ■ 8. Add § 721.10699 to subpart E to read as follows: required under the TSCA section 5(e) consent order for this substance, the employer becomes aware that this substance may present a risk of injury to human health or the environment, the employer must incorporate this new information, and any information on methods for protecting against such risk, into a MSDS as described in § 721.72(c) within 90 days from the time the employer becomes aware of the new information. If this substance is not being manufactured, processed, or used in the employer’s workplace, the employer must add the new information to a MSDS before the substance is reintroduced into the workplace. (B) The employer must ensure that persons who will receive the PMN substance from the employer, or who have received the PMN substance from the employer within 5 years from the date the employer becomes aware of the new information described in paragraph (a)(2)(i)(A) of this section, are provided an MSDS containing the information required under paragraph (a)(2)(i)(A) of this section within 90 days from the VerDate Mar<15>2010 15:45 Feb 11, 2014 Jkt 232001 8287 within 90 days from the time the employer becomes aware of the new information. If the substance(s) is not being manufactured, processed, or used in the employer’s workplace, the employer must add the new information to a MSDS before the substance(s) is reintroduced into the workplace. (B) The employer must ensure that persons who will receive the PMN substance(s) from the employer, or who have received the PMN substance(s) from the employer within 5 years from the date the employer becomes aware of the new information described in paragraph (a)(2)(i)(A) of this section, are provided an MSDS containing the information required under paragraph (a)(2)(i)(A) of this section within 90 days from the time the employer becomes aware of the new information. (ii) Industrial, commercial, and consumer activities. Requirements as specified in § 721.80(k) (a significant new use is any use other than as allowed by the section 5(e) consent order which includes analysis and reporting and limitations of maximum impurity levels of certain fluorinated impurities), (o) (use in a consumer product that could be spray applied), (q), and (t). (iii) Disposal. Requirements as specified in § 721.85(a)(1) and (b)(1) (at a temperature of at least 1,000 degrees C with a minimum residence time of 2 seconds). (iv) Release to water. Requirements as specified in § 721.90(a)(1), (b)(1), and (c)(1), except for releases allowed by the section 5(e) the consent order. § 721.10700 Polyfluorinated alkyl thio (b) Specific requirements. The polyacrylamide (generic). provisions of subpart A of this part (a) Chemical substances and significant new uses subject to reporting. apply to this section except as modified by this paragraph. (1) The chemical substances identified (1) Recordkeeping. Recordkeeping generically as polyfluorinated alkyl thio requirements as specified in polyacrylamide (PMNs P–11–530 and P–11–533) are subject to reporting under § 721.125(a), (b), (c), (d), (f), (h), (j), and (k) are applicable to manufacturers and this section for the significant new uses processors of this substance. described in paragraph (a)(2) of this (2) Limitations or revocation of section. certain notification requirements. The (2) The significant new uses are: (i) Hazard communication program. A provisions of § 721.185 apply to paragraph (a)(2)(ii) of this section. significant new use of the substances is (3) Determining whether a specific use any manner or method of manufacture, or processing associated with any use of is subject to this section. The provisions of § 721.1725(b)(1) apply to this section. the substances without providing risk notification as follows: ■ 10. Add § 721.10701 to subpart E to (A) If as a result of the test data read as follows: required under the TSCA section 5(e) § 721.10701 Polyfluorinated alkyl amine consent order for the substances, the (generic). employer becomes aware that the substances may present a risk of injury (a) Chemical substance and to human health or the environment, the significant new uses subject to reporting. employer must incorporate this new (1) The chemical substance identified information, and any information on generically as polyfluorinated alkyl methods for protecting against such risk, amine (PMN P–11–532) is subject to into a MSDS as described in § 721.72(c) reporting under this section for the PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 E:\FR\FM\12FER1.SGM 12FER1 sroberts on DSK5SPTVN1PROD with RULES 8288 Federal Register / Vol. 79, No. 29 / Wednesday, February 12, 2014 / Rules and Regulations significant new uses described in paragraph (a)(2) of this section. (2) The significant new uses are: (i) Hazard communication program. A significant new use of this substance is any manner or method of manufacture or processing associated with any use of this substance without providing risk notification as follows: (A) If as a result of the test data required under the TSCA section 5(e) consent order for this substance, the employer becomes aware that this substance may present a risk of injury to human health or the environment, the employer must incorporate this new information, and any information on methods for protecting against such risk, into a MSDS as described in § 721.72(c) within 90 days from the time the employer becomes aware of the new information. If this substance is not being manufactured, processed, or used in the employer’s workplace, the employer must add the new information to a MSDS before the substance is reintroduced into the workplace. (B) The employer must ensure that persons who will receive the PMN substance from the employer, or who have received the PMN substance from the employer within 5 years from the date the employer becomes aware of the new information described in paragraph (a)(2)(i)(A) of this section, are provided an MSDS containing the information required under paragraph (a)(2)(i)(A) of this section within 90 days from the time the employer becomes aware of the new information. (ii) Industrial, commercial, and consumer activities. Requirements as specified in § 721.80(k) (a significant new use is any use other than as allowed by the section 5(e) consent order which includes analysis and reporting and limitations of maximum impurity levels of certain fluorinated impurities), and (o) (use in a consumer product that could be spray applied). (iii) Disposal. Requirements as specified in § 721.85(a)(1) and (b)(1) (at a temperature of at least 1,000 degrees C with a minimum residence time of 2 seconds). (iv) Release to water. Requirements as specified in § 721.90(a)(1), (b)(1), and (c)(1), except for releases allowed by the section 5(e) the consent order. (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 § 721.125(a), (b), (c), (f), (h), (i), (j), and (k) are applicable to manufacturers and processors of this substance. VerDate Mar<15>2010 15:45 Feb 11, 2014 Jkt 232001 (2) Limitations or revocation of certain notification requirements. The provisions of § 721.185 apply to this section. (3) Determining whether a specific use is subject to this section. The provisions of § 721.1725(b)(1) apply to paragraph (a)(2)(ii) of this section. ■ 11. Add § 721.10702 to subpart E to read as follows: product that could be spray applied), (q), and (t). (iii) Disposal. Requirements as specified in § 721.85(a)(1) and (b)(1) (at a temperature of at least 1,000 degrees C with a minimum residence time of 2 seconds). (iv) Release to water. Requirements as specified in § 721.90(a)(1), (b)(1), and (c)(1), except for releases allowed by the section 5(e) the consent order . § 721.10702 Polyfluorinated alkyl thio (b) Specific requirements. The polyacrylic acid-acrylamide (generic). provisions of subpart A of this part (a) Chemical substance and apply to this section except as modified significant new uses subject to reporting. by this paragraph. (1) The chemical substance identified (1) Recordkeeping. Recordkeeping generically as polyfluorinated alkyl thio requirements as specified in polyacrylic acid-acrylamide (PMN P– § 721.125(a), (b), (c), (f), (h), (i), (j), and 11–534) is subject to reporting under (k) are applicable to manufacturers and this section for the significant new uses processors of this substance. described in paragraph (a)(2) of this (2) Limitations or revocation of section. certain notification requirements. The (2) The significant new uses are: provisions of § 721.185 apply to this (i) Hazard communication program. A section. significant new use of this substance is (3) Determining whether a specific use any manner or method of manufacture, is subject to this section. The provisions or processing associated with any use of of § 721.1725(b)(1) apply to paragraph this substance without providing risk (a)(2)(ii) of this section. notification as follows: ■ 12. Add § 721.10703 to subpart E to (A) If as a result of the test data read as follows: required under the TSCA section 5(e) § 721.10703 Multi-walled carbon consent order for this substance, the nanotubes (generic). employer becomes aware that this (a) Chemical substances and substance may present a risk of injury to human health or the environment, the significant new uses subject to reporting. (1) The chemical substances identified employer must incorporate this new generically as multi-walled carbon information, and any information on methods for protecting against such risk, nanotubes (PMNs P–12–416, P–12–417, P–12–418, and P–12–419) are subject to into a MSDS as described in § 721.72(c) reporting under this section for the within 90 days from the time the significant new uses described in employer becomes aware of the new paragraph (a)(2) of this section. The information. If this substance is not being manufactured, processed, or used requirements of this section do not apply to quantities of the PMN in the employer’s workplace, the employer must add the new information substances that have been completely reacted (cured); incorporated or to a MSDS before the substance is embedded into a polymer matrix that reintroduced into the workplace. (B) The employer must ensure that itself has been completely reacted persons who will receive the PMN (cured); imbedded into a permanent substance from the employer, or who polymer form that is not intended to have received the PMN substance from undergo further processing; or the employer within 5 years from the incorporated into an article as defined at date the employer becomes aware of the 40 CFR 721.3(c). (2) The significant new uses are: new information described in paragraph (i) Protection in the workplace. (a)(2)(i)(A) of this section, are provided Requirements as specified in an MSDS containing the information § 721.63(a)(1), (a)(2)(i), (a)(2)(ii), (a)(3), required under paragraph (a)(2)(i)(A) of (a)(4), (National Institute of this section within 90 days from the time the employer becomes aware of the Occupational Safety and Health (NIOSH)-certified air-purifying, tightnew information. (ii) Industrial, commercial, and fitting full-face respirator equipped with consumer activities. Requirements as N–100, or P–100, or R–100 filters or specified in § 721.80(k) (a significant power air-purifying particulate new use is any use other than as respirator), (a)(6)(i), and (c). When allowed by the section 5(e) consent determining which persons are order which includes analysis and reasonably likely to be exposed as reporting and limitations of maximum required for § 721.63(a)(1) and (a)(4), impurity levels of certain fluorinated engineering control measures (e.g., impurities), (o) (use in a consumer enclosure or confinement of the PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 E:\FR\FM\12FER1.SGM 12FER1 Federal Register / Vol. 79, No. 29 / Wednesday, February 12, 2014 / Rules and Regulations operation, general and local ventilation) or administrative control measures (e.g., workplace policies and procedures) shall be considered and implemented to prevent exposure, where feasible. (ii) Industrial, commercial, and consumer activities. Requirements as specified in § 721.80(f), (k) and (q). (iii) Release to water. Requirements as specified in § 721.90(b)(1), and (c)(1). (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 § 721.125(a), (b), (c), (d), (e), (i), and (k) are applicable to manufacturers and processors of this substance. (2) Limitations or revocation of certain notification requirements. The provisions of § 721.185 apply to this section. (3) Determining whether a specific use is subject to this section. The provisions of § 721.1725(b)(1) apply to paragraph (a)(2)(ii) of this section. ■ 13. Add § 721.10704 to subpart E to read as follows: sroberts on DSK5SPTVN1PROD with RULES § 721.10704 Aryl-substituted alkane. (a) Chemical substance and significant new uses subject to reporting. (1) The chemical substance identified generically as an aryl-substituted alkane (PMN P–12–548) 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) Protection in the workplace. Requirements as specified in § 721.63(a)(1), (a)(2)(i), (a)(3), (b) (concentration set at 1.0 percent), and (c). (ii) Hazard communication program. Requirements as specified in § 721.72(a), (b), (c), (d), (e) (concentration set at 1.0 percent), (f), (g)(1)(iv), (g)(1)(ix), (g)(2)(i), (g)(2)(v), and (g)(3)(ii) and (g)(5). (iii) Industrial, commercial, and consumer activities. Requirements as specified in § 721.80(k) and (q). It is a significant new use to conduct testing on the chemical substance to comply with REACH (Regulation, Evaluation, Authorization, and Restriction of Chemicals in the European Union) without submitting all final reports and the underlying data of the testing to EPA no later than 90 days after submission of the testing to the European Union. (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 VerDate Mar<15>2010 15:45 Feb 11, 2014 Jkt 232001 8289 § 721.125(a), (b), (c), (d), (e), (f), (g), (h), and (i) are applicable to manufacturers and processors of this substance. (2) Limitations or revocation of certain notification requirements. The provisions of § 721.185 apply to this section. (3) Determining whether a specific use is subject to this section. The provisions of § 721.1725(b)(1) apply to paragraph (a)(2)(iii) of this section. ■ 14. Add § 721.10705 to subpart E to read as follows: (1) Recordkeeping. Recordkeeping requirements as specified in § 721.125(a), (b), (c), (d), (e), (i), and (k) are applicable to manufacturers and processors of this substance. (2) Limitations or revocation of certain notification requirements. The provisions of § 721.185 apply to this section. ■ 15. Add § 721.10706 to subpart E to read as follows: § 721.10705 Aromatic amine with cyclo amino carbonyls (generic). (a) Chemical substance and significant new uses subject to reporting. (1) The chemical substance identified generically as infused carbon nanostructures (PMN P–12–576) 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. A significant new use is any manufacturing process other than that described in the premanufacture notice (PMN) which includes the incorporation of the PMN substance into pellets. (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 § 721.125(a), (b), (c), and (i) are applicable to manufacturers and processors of this substance. (2) Limitations or revocation of certain notification requirements. The provisions of § 721.185 apply to this section. (3) Determining whether a specific use is subject to this section. The provisions of § 721.1725(b)(1) apply to paragraph (a)(2)(i) of this section. ■ 16. Add § 721.10707 to subpart E to read as follows: (a) Chemical substance and significant new uses subject to reporting. (1) The chemical substance identified generically as aromatic amine with cyclo amino carbonyls (PMN P–12–572) 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) Protection in the workplace. Requirements as specified in § 721.63(a)(1), (a)(2)(i), (a)(3), (a)(4), (NIOSH-certified particulate respirator with an APF of at least 10), (a)(6)(i), (a)(6)(ii), (b) (concentration set 0.1 percent), and (c). When determining which persons are reasonably likely to be exposed as required for § 721.63(a)(4), engineering control measures (e.g., enclosure or confinement of the operation, general and local ventilation) or administrative control measures (e.g., workplace policies and procedures) shall be considered and implemented to prevent exposure, where feasible. The following NIOSH-certified respirators with an APF of at least 10 meet the requirements of § 721.63(a)(4): (A) NIOSH-certified power airpurifying respirator with a hood or helmet and with appropriate gas/vapor (acid gas, organic vapor, or substance specific) cartridges in combination with high efficiency particulate absorption (HEPA) filters. (B) NIOSH-certified continuous flow supplied-air respirator equipped with a loose fitting face piece, hood, or helmet. (C) NIOSH-certified negative pressure (demand) supplied-air respirator with a full face piece. (ii) Industrial, commercial, and consumer activities. Requirements as specified in § 721.80(g). (iii) Release to water. Requirements as specified in § 721.90(a)(4), (b)(4), and (c)(4) (N = 11). (b) Specific requirements. The provisions of subpart A of this part apply to this section except as modified by this paragraph. PO 00000 Frm 00037 Fmt 4700 Sfmt 4700 § 721.10706 Infused carbon nanostructures (generic). § 721.10707 (generic). Substituted benzyl acrylate (a) Chemical substance and significant new uses subject to reporting. (1) The chemical substance identified as substituted benzyl acrylate (PMN P–13– 127) 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) Release to water. Requirements as specified in § 721.90(a)(4), (b)(4), and (c)(4) (N=1). (ii) [Reserved] (b) Specific requirements. The provisions of subpart A of this part E:\FR\FM\12FER1.SGM 12FER1 8290 Federal Register / Vol. 79, No. 29 / Wednesday, February 12, 2014 / Rules and Regulations apply to this section except as modified by this paragraph. (1) Recordkeeping. Recordkeeping requirements as specified in § 721.125(a), (b), (c), and (k) are applicable to manufacturers and processors of this substance. (2) Limitations or revocation of certain notification requirements. The provisions of § 721.185 apply to this section. ■ 17. Add § 721.10708 to subpart E to read as follows: § 721.10708 Zirconium substituted heteropolycyclic (generic). (a) Chemical substance and significant new uses subject to reporting. (1) The chemical substance identified generically as zirconium substituted heteropolycyclic (PMN P–13–152) 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) Release to water. Requirements as specified in § 721.90(a)(4), (b)(4), and (c)(4) (N=10). (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 § 721.125(a), (b), (c), and (k) are applicable to manufacturers and processors of this substance. (2) Limitations or revocation of certain notification requirements. The provisions of § 721.185 apply to this section. ■ 18. Add § 721.10709 to subpart E to read as follows: sroberts on DSK5SPTVN1PROD with RULES § 721.10709 Alkylphenol (generic). (a) Chemical substance and significant new uses subject to reporting. (1) The chemical substance identified generically as alkylphenol (PMN P–13– 168) 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) Release to water. Requirements as specified in § 721.90(a)(4), (b)(4), and (c)(4) (N=1). (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 § 721.125(a), (b), (c), and (k) are applicable to manufacturers and processors of this substance. (2) Limitations or revocation of certain notification requirements. The VerDate Mar<15>2010 15:45 Feb 11, 2014 Jkt 232001 provisions of § 721.185 apply to this section. ■ 19. Add § 721.10710 to subpart E to read as follows: § 721.10710 4, 7-Methano-1H-indene, 3a, 4, 7, 7a-tetrahydro-, polymer with 2-methyl1, 3-butadiene and 5-(1methylethenyl)bicyclo[2.2.1]hept-2-ene. (a) Chemical substance and significant new uses subject to reporting. (1) The chemical substance identified as 4, 7-methano-1H-indene, 3a, 4, 7, 7atetrahydro-, polymer with 2-methyl-1, 3butadiene and 5-(1methylethenyl)bicyclo[2.2.1]hept-2-ene (PMN P–13–192; CAS No. 1412159–51– 3) 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) Release to water. Requirements as specified in § 721.90(a)(4), (b)(4), and (c)(4) (N=1). (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 § 721.125(a), (b), (c), and (k) are applicable to manufacturers and processors of this substance. (2) Limitations or revocation of certain notification requirements. The provisions of § 721.185 apply to this section. ■ 20. Add § 721.10711 to subpart E to read as follows: § 721.10711 (generic). Alkyl substituted catechol (a) Chemical substance and significant new uses subject to reporting. (1) The chemical substance identified generically as alkyl substituted catechol (PMN P–13–197) 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) Protection in the workplace. Requirements as specified in § 721.63(a)(1), (a)(2)(i), (a)(3), (a)(4) (NIOSH-certified particulate respirator with an APF of at least 1,000), and (c). When determining which persons are reasonably likely to be exposed as required for § 721.63(a)(4), engineering control measures (e.g., enclosure or confinement of the operation, general and local ventilation) or administrative control measures (e.g., place policies and procedures) shall be considered and implemented to prevent exposure, where feasible. The following NIOSHcertified respirators with an APF of at PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 least 1,000 meet the requirements of § 721.63(a)(4); (A) NIOSH-certified continuous flow supplied-air respirator equipped with a full face piece. (B) NIOSH-certified pressure-demand supplied-air respirator equipped with a full face piece. (ii) Industrial, commercial, and consumer activities. Requirements as specified in § 721.80(g). (iii) Release to water. Requirements as specified in § 721.90(a)(4), (b)(4), and (c)(4) (N=20). (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 § 721.125(a), (b), (c), (d), (e), (i), and (k) are applicable to manufacturers and processors of this substance. (2) Limitations or revocation of certain notification requirements. The provisions of § 721.185 apply to this section. ■ 21. Add § 721.10712 to subpart E to read as follows: § 721.10712 Antimony tris(dialkyldithiocarbamate) (generic). (a) Chemical substance and significant new uses subject to reporting. (1) The chemical substance identified generically as antimony tris(dialkyldithiocarbamate) (PMN P– 13–217) 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) Release to water. Requirements as specified in § 721.90(a)(4), (b)(4), and (c)(4) (N=4). (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 § 721.125(a), (b), (c), and (k) are applicable to manufacturers and processors of this substance. (2) Limitations or revocation of certain notification requirements. The provisions of § 721.185 apply to this section. ■ 22. Add § 721.10713 to subpart E to read as follows: § 721.10713 Antimony tris(dialkyldithiocarbamate) (generic). (a) Chemical substance and significant new uses subject to reporting. (1) The chemical substance identified generically as antimony tris(dialkyldithiocarbamate) (PMN P– E:\FR\FM\12FER1.SGM 12FER1 Federal Register / Vol. 79, No. 29 / Wednesday, February 12, 2014 / Rules and Regulations 13–259) 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) Release to water. Requirements as specified in § 721.90(a)(4), (b)(4), and (c)(4) (N=4). (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 § 721.125(a), (b), (c), and (k) are applicable to manufacturers and processors of this substance. (2) Limitations or revocation of certain notification requirements. The provisions of § 721.185 apply to this section. ■ 23. Add § 721.10714 to subpart E to read as follows: § 721.10714 Zinc bis(dialkyldithiocarbamate) (generic). (a) Chemical substance and significant new uses subject to reporting. (1) The chemical substance identified generically as zinc bis(dialkyldithiocarbamate) (PMN P– 13–260) 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) Release to water. Requirements as specified in § 721.90(a)(4), (b)(4), and (c)(4) (N=7). (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 § 721.125(a), (b), (c), and (k) are applicable to manufacturers and processors of this substance. (2) Limitations or revocation of certain notification requirements. The provisions of § 721.185 apply to this section. ■ 24. Add § 721.10715 to subpart E to read as follows: sroberts on DSK5SPTVN1PROD with RULES § 721.10715 (generic). Carbonic acid, dialkyl ester (a) Chemical substance and significant new uses subject to reporting. (1) The chemical substance identified generically as carbonic acid, dialkyl ester (PMN P–13–346) 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 VerDate Mar<15>2010 15:45 Feb 11, 2014 Jkt 232001 specified in § 721.80(f), (j), and (s) (100,000 kilograms). (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 § 721.125(a), (b), (c), and (i) are applicable to manufacturers and processors of this substance. (2) Limitations or revocation of certain notification requirements. The provisions of § 721.185 apply to this section. ■ 25. Add § 721.10716 to subpart E to read as follows: § 721.10716 Phenol, 2,6-dimethyl-, homopolymer, ether with 2,2’,3,3’,5,5’hexamethyl[1,1’-biphenyl]-4,4’-diol (2:1),bis[(ethenylphenyl)methyl] ether. (a) Chemical substance and significant new uses subject to reporting. (1) The chemical substance identified as phenol, 2,6-dimethyl-, homopolymer, ether with 2,2’,3,3’,5,5’-hexamethyl[1,1’biphenyl]-4,4’-diol (2:1),bis[(ethenylphenyl)methyl] ether (PMN P–13–355, CAS No. 558452–77–0) 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) Release to water. Requirements as specified in § 721.90(a)(4), (b)(4), and (c)(4) (N=2). (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 § 721.125(a), (b), (c), and (k) are applicable to manufacturers and processors of this substance. (2) Limitations or revocation of certain notification requirements. The provisions of § 721.185 apply to this section. ■ 26. Add § 721.10717 to subpart E to read as follows: § 721.10717 MDI modified polyalkene glycols (generic). (a) Chemical substance and significant new uses subject to reporting. (1) The chemical substance identified generically as MDI modified polyalkene glycols (PMN P–13–365) 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) Protection in the workplace. Requirements as specified in § 721.63(a)(4), (a)(6)(ii) and (a)(6)(v), and PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 8291 (c). When determining which persons are reasonably likely to be exposed as required for § 721.63(a)(4), engineering control measures (e.g., enclosure or confinement of the operation, general and local ventilation) or administrative control measures (e.g., workplace policies and procedures) shall be considered and implemented to prevent exposure, where feasible. The following National Institute for Occupational Safety and Health (NIOSH)-certified respirators with an assigned protection factor (APF) of at least 10 meet the requirements of § 721.63(a)(4): (A) NIOSH-certified power airpurifying respirator with a hood or helmet and with appropriate gas/vapor (acid gas, organic vapor, or substance specific) cartridges in combination with HEPA filters. (B) NIOSH-certified continuous flow supplied-air respirator equipped with a loose fitting facepiece, hood, or helmet. (C) NIOSH-certified negative pressure (demand) supplied-air respirator with a full facepiece. (ii) Industrial, commercial, and consumer activities. Requirements as specified in § 721.80(o) and (y)(1). (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 § 721.125(a), (b), (c), (d), and (i) are applicable to manufacturers and processors of this substance. (2) Limitations or revocation of certain notification requirements. The provisions of § 721.185 apply to this section. ■ 27. Add § 721.10718 to subpart E to read as follows: § 721.10718 (generic). Substituted picolinic acid (a) Chemical substance and significant new uses subject to reporting. (1) The chemical substance identified generically as substituted picolinic acid (PMN P–13–374) 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. A significant new use is any use other than as a pesticide intermediate. (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 E:\FR\FM\12FER1.SGM 12FER1 8292 Federal Register / Vol. 79, No. 29 / Wednesday, February 12, 2014 / Rules and Regulations § 721.10720 1,3-Benzenedicarboxylic acid, polymer with 1,4-benzenedicarboxylic acid, 1,4-dimethyl 1,4-benzenedicarboxylate, 2,2dimethyl-1,3-propanediol,dodecanedioic acid, 1,2-ethanediol, hexanedioic acid, 1,6hexanediol, alkyldiol ester and aromatic isocyanate (generic). § 721.125(a), (b), (c), and (i) are applicable to manufacturers and processors of this substance. (2) Limitations or revocation of certain notification requirements. The provisions of § 721.185 apply to this section. ■ 28. Add § 721.10719 to subpart E to read as follows: sroberts on DSK5SPTVN1PROD with RULES § 721.10719 Acrylic acid esters polymers, reaction products with polyisocyanate (generic). (a) Chemical substance and significant new uses subject to reporting. (1) The chemical substance identified generically as acrylic acid esters polymers, reaction products with polyisocyanate (PMN P–13–392) 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) Protection in the workplace. Requirements as specified in § 721.63(a)(4), (a)(6)(ii), (a)(6)(v), and (c). When determining which persons are reasonably likely to be exposed as required for § 721.63(a)(4), engineering control measures (e.g., enclosure or confinement of the operation, general and local ventilation) or administrative control measures (e.g., workplace policies and procedures) shall be considered and implemented to prevent exposure, where feasible. The following NIOSH-certified respirators with an APF of at least 10 meet the requirements of § 721.63(a)(4): (A) NIOSH-certified power airpurifying respirator with a hood or helmet and with appropriate gas/vapor (acid gas, organic vapor, or substance specific) cartridges in combination with HEPA filters. (B) NIOSH-certified continuous flow supplied-air respirator equipped with a loose fitting face piece, hood, or helmet. (C) NIOSH-certified negative pressure (demand) supplied-air respirator with a full face piece. (ii) Industrial, commercial, and consumer activities. Requirements as specified in § 721.80(o). (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 § 721.125(a), (b), (c), (d) and (i) are applicable to manufacturers and processors of this substance. (2) Limitations or revocation of certain notification requirements. The provisions of § 721.185 apply to this section. ■ 29. Add § 721.10720 to subpart E to read as follows: VerDate Mar<15>2010 15:45 Feb 11, 2014 Jkt 232001 ■ (a) Chemical substance and significant new uses subject to reporting. (1) The chemical substance identified generically as 1,3-Benzenedicarboxylic acid, polymer with 1,4benzenedicarboxylic acid, 1,4-dimethyl 1,4-benzenedicarboxylate, 2,2-dimethyl1,3-propanediol,dodecanedioic acid, 1,2-ethanediol, hexanedioic acid, 1,6hexanediol, alkyldiol ester and aromatic isocyanate (PMN P–13–393) 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) Protection in the workplace. Requirements as specified in § 721.63(a)(4), (a)(6)(ii) and (a)(6)(v), and (c). When determining which persons are reasonably likely to be exposed as required for § 721.63(a)(4), engineering control measures (e.g., enclosure or confinement of the operation, general and local ventilation) or administrative control measures (e.g., workplace policies and procedures) shall be considered and implemented to prevent exposure, where feasible. The following National Institute for Occupational Safety and Health (NIOSH)-certified respirators with an assigned protection factor (APF) of at least 10 meet the requirements of § 721.63(a)(4): (A) NIOSH-certified power airpurifying respirator with a hood or helmet and with appropriate gas/vapor (acid gas, organic vapor, or substance specific) cartridges in combination with HEPA filters. (B) NIOSH-certified continuous flow supplied-air respirator equipped with a loose fitting facepiece, hood, or helmet. (C) NIOSH-certified negative pressure (demand) supplied-air respirator with a full facepiece. (ii) Industrial, commercial, and consumer activities. Requirements as specified in § 721.80(o) and (y)(1). (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 § 721.125(a), (b), (c), (d), and (i) are applicable to manufacturers and processors of this substance. (2) Limitations or revocation of certain notification requirements. The provisions of § 721.185 apply to this section. (a) Chemical substance and significant new uses subject to reporting. (1) The chemical substance identified as poly(oxy-1,2-ethanediyl), .alpha.,.alpha.′-[(1-methylethylidene)di4,1-phenylene]bis[.omega.-[[6-(2,5dihydro-2,5-dioxo-1H-pyrrol-1-yl)-1oxohexyl]oxy]- (PMN P–13–455) 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) Release to water. Requirements as specified in § 721.90(a)(4), (b)(4), and (c)(4) (N=1). (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 § 721.125(a), (b), (c), and (k) are applicable to manufacturers and processors of this substance. (2) Limitations or revocation of certain notification requirements. The provisions of § 721.185 apply to this section. ■ 31. Add § 721.10722 to subpart E to read as follows: PO 00000 Frm 00040 Fmt 4700 Sfmt 4700 30. Add § 721.10721 to subpart E to read as follows: § 721.10721 Poly(oxy-1,2-ethanediyl), .alpha.,.alpha.′-[(1-methylethylidene)di-4,1phenylene]bis[.omega.-[[6-(2,5-dihydro-2,5dioxo-1H-pyrrol-1-yl)-1-oxohexyl]oxy]-. § 721.10722 Oxirane,2-[(1-propen-1yloxy)methyl]-. (a) Chemical substance and significant new uses subject to reporting. (1) The chemical substance identified as oxirane,2-[(1-propen-1-yloxy)methyl](PMN P–13–468; CAS No. 1607–23–4) 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) Protection in the workplace. Requirements as specified in § 721.63(a)(1), (a)(2)(i), (a)(3), (a)(4), (a)(6)(ii), (a)(6)(v), (b)(1) (concentration set at 0.1 percent), and (c). When determining which persons are reasonably likely to be exposed as required for § 721.63(a)(1) and (a)(4), engineering control measures (e.g., enclosure or confinement of the operation, general and local ventilation) or administrative control measures (e.g., workplace policies and procedures) shall be considered and implemented to prevent exposure, where feasible. The following NIOSH-certified respirators with an APF of at least 10 meet the requirements of § 721.63(a)(4): (A) NIOSH-certified power airpurifying respirator with a hood or E:\FR\FM\12FER1.SGM 12FER1 Federal Register / Vol. 79, No. 29 / Wednesday, February 12, 2014 / Rules and Regulations helmet and with appropriate gas/vapor (acid gas, organic vapor, or substance specific) cartridges in combination with HEPA filters. (B) NIOSH-certified continuous flow supplied-air respirator equipped with a loose fitting face piece, hood, or helmet. (C) NIOSH-certified negative pressure (demand) supplied-air respirator with a full face piece. (ii) Industrial, commercial, and consumer activities. Requirements as specified in § 721.80(g). (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 § 721.125(a) through (e) and (i) are applicable to manufacturers and processors of this substance. (2) Limitations or revocation of certain notification requirements. The provisions of § 721.185 apply to this section. ■ 32. Add § 721.10723 to subpart E to read as follows: sroberts on DSK5SPTVN1PROD with RULES § 721.10723 Methylene diisocyanate polymer with polypropylene glycol and diols (generic). (a) Chemical substance and significant new uses subject to reporting. (1) The chemical substance identified generically as methylene diisocyanate polymer with polypropylene glycol and diols (PMN P–13–471) 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) Protection in the workplace. Requirements as specified in § 721.63(a)(4), (a)(6)(i), (a)(6)(ii), (a)(6)(v), and (c). When determining which persons are reasonably likely to be exposed as required for § 721.63(a)(4), engineering control measures (e.g., enclosure or confinement of the operation, general and local ventilation) or administrative control measures (e.g., workplace policies and procedures) shall be considered and implemented to prevent exposure, where feasible. The following NIOSH-certified respirators with an APF of at least 10 meet the requirements of § 721.63(a)(4): (A) NIOSH-certified power airpurifying respirator with a hood or helmet and with appropriate gas/vapor (acid gas, organic vapor, or substance specific) cartridges in combination with HEPA filters. (B) NIOSH-certified continuous flow supplied-air respirator equipped with a loose fitting face piece, hood, or helmet. VerDate Mar<15>2010 15:45 Feb 11, 2014 Jkt 232001 (C) NIOSH-certified negative pressure (demand) supplied-air respirator with a full face piece. (ii) Industrial, commercial, and consumer activities. Requirements as specified in § 721.80(o). (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 § 721.125(a), (b), (c), (d), and (i) are applicable to manufacturers and processors of this substance. (2) Limitations or revocation of certain notification requirements. The provisions of § 721.185 apply to this section. ■ 33. Add § 721.10724 to subpart E to read as follows: § 721.10724 Oxirane, [[2-(2ethenyloxy)ethoxy]methyl]-. (a) Chemical substance and significant new uses subject to reporting. (1) The chemical substance identified as oxirane, [[2-(2ethenyloxy)ethoxy]methyl]- (PMN P– 13–472; CAS No. 16801–19–7) 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) Protection in the workplace. Requirements as specified in § 721.63(a)(1), (a)(2)(i), (a)(3), (a)(4), (a)(6)(ii), (a)(6)(v), (b)(concentration set at 0.1 percent), and (c). When determining which persons are reasonably likely to be exposed as required for § 721.63(a)(1) and (a)(4), engineering control measures (e.g., enclosure or confinement of the operation, general and local ventilation) or administrative control measures (e.g., workplace policies and procedures) shall be considered and implemented to prevent exposure, where feasible. The following NIOSH-certified respirators with an APF of at least 10 meet the requirements of § 721.63(a)(4): (A) NIOSH-certified power airpurifying respirator with a hood or helmet and with appropriate gas/vapor (acid gas, organic vapor, or substance specific) cartridges in combination with HEPA filters. (B) NIOSH-certified continuous flow supplied-air respirator equipped with a loose fitting face piece, hood, or helmet. (C) NIOSH-certified negative pressure (demand) supplied-air respirator with a full face piece. (ii) Industrial, commercial, and consumer activities. Requirements as specified in § 721.80(g). (b) Specific requirements. The provisions of subpart A of this part PO 00000 Frm 00041 Fmt 4700 Sfmt 4700 8293 apply to this section except as modified by this paragraph. (1) Recordkeeping. Recordkeeping requirements as specified in § 721.125(a) through (e) and (i) are applicable to manufacturers and processors of this substance. (2) Limitations or revocation of certain notification requirements. The provisions of § 721.185 apply to this section. [FR Doc. 2014–03079 Filed 2–11–14; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 174 [EPA–HQ–OPP–2013–0704; FRL–9905–59] Bacillus thuringiensis Cry1F Protein in Soybean; Exemption From the Requirement of a Tolerance Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: This regulation establishes an exemption from the requirement of a tolerance for residues of the plantincorporated protectant (PIP), Bacillus thuringiensis Cry1F protein, in or on the food commodity soybean. Dow AgroSciences LLC submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of Bacillus thuringiensis Cry1F protein in soybean under the FFDCA. DATES: This regulation is effective February 12, 2014. Objections and requests for hearings must be received on or before April 14, 2014, and must be filed in accordance with the instructions provided in 40 CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION). ADDRESSES: The docket for this action, identified by docket identification (ID) number EPA–HQ–OPP–2013–0704, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory Public Docket (OPP Docket) in the Environmental Protection Agency Docket Center (EPA/DC), EPA West Bldg., Rm. 3334, 1301 Constitution Ave. NW., Washington, DC 20460–0001. 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 OPP SUMMARY: E:\FR\FM\12FER1.SGM 12FER1

Agencies

[Federal Register Volume 79, Number 29 (Wednesday, February 12, 2014)]
[Rules and Regulations]
[Pages 8273-8293]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-03079]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 9 and 721

[EPA-HQ-OPPT-2013-0739; FRL-9903-70]
RIN 2070-AB27


Significant New Use Rules on Certain Chemical Substances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: EPA is promulgating significant new use rules (SNURs) under 
the Toxic Substances Control Act (TSCA) for 35 chemical substances 
which were the subject of premanufacture notices (PMNs). Fourteen of 
these chemical substances are subject to TSCA section 5(e) consent 
orders issued by EPA. This action requires persons who intend to 
manufacture (including import) or process any of these 35 chemical 
substances for an activity that is designated as a significant new use 
by this rule to notify EPA at least 90 days before commencing that 
activity. The required notification will provide EPA with the 
opportunity to evaluate the intended use and, if necessary, to prohibit 
or limit that activity before it occurs.

DATES: This rule is effective on April 14, 2014. For purposes of 
judicial review, this rule shall be promulgated at 1 p.m. (e.s.t.) on 
February 26, 2014.
    Written adverse or critical comments, or notice of intent to submit 
adverse or critical comments, on one or more of these SNURs must be 
received on or before March 14, 2014 (see Unit VI. of the  
SUPPLEMENTARY INFORMATION). If EPA receives written adverse or critical 
comments, or notice of intent to submit adverse or critical comments, 
on one or more of these SNURs before March 14, 2014, EPA will withdraw 
the relevant sections of this direct final rule before its effective 
date.
    For additional information on related reporting requirement dates, 
see Units I.A., VI., and VII. of the SUPPLEMENTARY INFORMATION.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPPT-2013-0739, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the online instructions for submitting comments.
     Mail: Document Control Office (7407M), Office of Pollution 
Prevention and Toxics (OPPT), Environmental Protection Agency, 1200 
Pennsylvania Ave. NW., Washington, DC 20460-0001.
     Hand Delivery: OPPT Document Control Office (DCO), EPA 
East Bldg., Rm. 6428, 1201 Constitution Ave. NW., Washington, DC. ATTN: 
Docket ID Number EPA-HQ-OPPT-2013-0739. The DCO is open from 8 a.m. to 
4 p.m., Monday through Friday, excluding legal holidays. The telephone 
number for the DCO is (202) 564-8930. Such deliveries are only accepted 
during the DCO's normal hours of operation, and special arrangements 
should be made for deliveries of boxed information.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPPT-
2013-0739. EPA's policy is that all comments received will be included 
in the docket without change and may be made available at http://www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through regulations.gov or email. The 
regulations.gov Web site is an ``anonymous access'' system, which means 
EPA will not know your identity or contact information unless you 
provide it in the body of your comment. If you send an email comment 
directly to EPA without going through regulations.gov, your email 
address will be automatically captured and included as part of the 
comment that is placed in the docket and made available on the 
Internet. If you submit an electronic comment, EPA recommends that you 
include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the docket index 
available at http://www.regulations.gov. 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, will be publicly available only 
in hard copy. Publicly available docket materials are available 
electronically at http://www.regulations.gov, or, if only available in 
hard copy, at the OPPT Docket. The OPPT Docket is located in the EPA 
Docket Center (EPA/DC) at Rm. 3334, EPA West Bldg., 1301 Constitution 
Ave. NW., Washington, DC. The EPA/DC Public Reading Room hours of 
operation are 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding 
legal holidays. The telephone number of the EPA/DC Public Reading Room 
is (202) 566-1744, and the telephone number for the OPPT Docket is 
(202) 566-0280. Docket visitors are required to show photographic 
identification, pass through a metal detector, and sign the EPA visitor 
log. All visitor bags are processed through an X-ray machine and 
subject to search. Visitors will be provided an EPA/DC badge that must 
be visible at all times in the building and returned upon departure.

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;

[[Page 8274]]

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) 
554-1404; email address: TSCA-Hotline@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you manufacture, 
process, or use the chemical substances contained in this rule. 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 (including 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 these SNURs 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 rule on or after March 14, 2014 
are subject to the export notification provisions of TSCA section 12(b) 
(15 U.S.C. 2611(b)) (see Sec.  [emsp14]721.20), and must comply with 
the export notification requirements in 40 CFR part 707, subpart D.

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

    1. Submitting CBI. Do not submit this information to EPA through 
regulations.gov or email. Clearly mark the part or all of the 
information that you claim to be CBI. For CBI information in a disk or 
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as 
CBI and then identify electronically within the disk or CD-ROM the 
specific information that is claimed as CBI. In addition to one 
complete version of the comment that includes information claimed as 
CBI, a copy of the comment that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments, 
remember to:
    i. Identify the document by docket ID number and other identifying 
information (subject heading, Federal Register date and page number).
    ii. Follow directions. The Agency may ask you to respond to 
specific questions or organize comments by referencing a Code of 
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information 
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    vi. Provide specific examples to illustrate your concerns and 
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period 
deadline identified.

II. Background

A. What action is the Agency taking?

    EPA is promulgating these SNURs using direct final procedures. 
These SNURs will require persons to notify EPA at least 90 days before 
commencing the manufacture, or processing of a chemical substance for 
any activity designated by these SNURs as a significant new use. 
Receipt of such notices allows EPA to assess risks that may be 
presented by the intended uses and, if appropriate, to regulate the 
proposed use before it occurs. Additional rationale and background to 
these rules are more fully set out in the preamble to EPA's first 
direct final SNUR published in the Federal Register issue of April 24, 
1990 (55 FR 17376). Consult that preamble for further information on 
the objectives, rationale, and procedures for SNURs and on the basis 
for significant new use designations, including provisions for 
developing test data.

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 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 rule, recordkeeping 
requirements, exemptions to reporting requirements, and applicability 
of the rule to uses occurring before the effective date of the 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 SNUN 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 section 5(b) 
and 5(d)(1), the exemptions authorized by TSCA section 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 section 
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,

[[Page 8275]]

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 35 
chemical substances that are the subject of these SNURs, EPA considered 
relevant information about the toxicity of the chemical substances, 
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. Substances Subject to This Rule

    EPA is establishing significant new use and recordkeeping 
requirements for 35 chemical substances in 40 CFR part 721, subpart E. 
In this unit, EPA provides the following information for each chemical 
substance:
     PMN number.
     Chemical name (generic name, if the specific name is 
claimed as CBI).
     Chemical Abstracts Service (CAS) Registry number (if 
assigned for non-confidential chemical identities).
     Basis for the TSCA section 5(e) consent order or, for non-
section 5(e) SNURs, the basis for the SNUR (i.e., SNURs without TSCA 
section 5(e) consent orders).
     Tests recommended by EPA to provide sufficient information 
to evaluate the chemical substance (see Unit VIII. for more 
information).
     CFR citation assigned in the regulatory text section of 
this rule.
    The regulatory text section of this rule specifies the activities 
designated as significant new uses. Certain new uses, including 
production volume limits (i.e., limits on manufacture volume) and other 
uses designated in this rule, may be claimed as CBI. Unit IX. discusses 
a procedure companies may use to ascertain whether a proposed use 
constitutes a significant new use.
    This rule includes 14 PMN substances that are subject to ``risk-
based'' consent orders under TSCA section 5(e)(1)(A)(ii)(I) where EPA 
determined that activities associated with the PMN substances may 
present unreasonable risk to human health or the environment. Those 
consent orders require protective measures to limit exposures or 
otherwise mitigate the potential unreasonable risk. The so-called 
``section 5(e) SNURs'' on these PMN substances are promulgated pursuant 
to Sec.  721.160, and are based on and consistent with the provisions 
in the underlying consent orders. The section 5(e) SNURs designate as a 
``significant new use'' the absence of the protective measures required 
in the corresponding consent orders.
    This rule also includes SNURs on 21 PMN substances that are not 
subject to consent orders under TSCA section 5(e). In these cases, for 
a variety of reasons, EPA did not find that the use scenario described 
in the PMN triggered the determinations set forth under TSCA section 
5(e). However, EPA does believe that certain changes from the use 
scenario described in the PMN could result in increased exposures, 
thereby constituting a ``significant new use.'' These so-called ``non-
section 5(e) SNURs'' are promulgated pursuant to Sec.  721.170. EPA has 
determined that every activity designated as a ``significant new use'' 
in all non-section 5(e) SNURs issued under Sec.  [emsp14]721.170 
satisfies the two requirements stipulated in Sec.  721.170(c)(2), i.e., 
these significant new use activities, ``(i) are different from those 
described in the premanufacture notice for the substance, including any 
amendments, deletions, and additions of activities to the 
premanufacture notice, and (ii) may be accompanied by changes in 
exposure or release levels that are significant in relation to the 
health or environmental concerns identified'' for the PMN substance.

PMN Number P-08-179

    Chemical name: 1,2,3-Propanetricarboxamide, N1,N2,N3-tris(2-
methylcyclohexyl)-.
    CAS number: 160535-46-6.
    Basis for action: The PMN states that the generic (non-
confidential) use of the substance is as a nucleator for polymers. 
Based on ecological structure activity relationship (EcoSAR) analysis 
of test data on analogous amides, EPA predicts toxicity to aquatic 
organisms may occur at concentrations that exceed 12 parts per billion 
(ppb) of the PMN substance in surface waters. As described in the PMN, 
releases of the substance are not expected to result in surface water 
concentrations that exceed 12 ppb. Therefore, EPA has not determined 
that the proposed manufacturing, processing, or use of the substance 
may present an unreasonable risk. EPA has determined, however, that any 
use of the substance resulting in surface water concentrations 
exceeding 12 ppb may cause significant adverse environmental effects. 
Based on this information, the PMN substance meets the concern criteria 
at Sec.  721.170(b)(4)(ii).
    Recommended testing: EPA has determined that the results of a fish 
early-life stage toxicity test (OPPTS Test Guideline 850.1400) and a 
daphnid chronic toxicity test (OPPTS Test Guideline 850.1300) would 
help characterize the environmental effects of the PMN substance. EPA 
also recommends that the guidance document on aquatic toxicity testing 
of difficult substances and mixtures (Organisation for Economic Co-
Operation (OECD) Test Guideline 23) be followed.
    CFR citation: 40 CFR 721.10695.

PMN Numbers P-11-483, P-11-487, P-11-527, P-11-528, P-11-529, P-11-530, 
P-11-532, P-11-533, and P-11-534

    Chemical names: Polyfluorinated alkyl thiol (generic) (P-11-483 and 
P-11-528); Polyfluorinated alkyl polyamide (generic) (P-11-487); 
Polyfluorinated alkyl halide (generic) (P-11-527); Polyfluorinated 
alkyl thio acrylamide (generic) (P-11-529); Polyfluorinated alkyl thio 
polyacrylamide (generic) (P-11-530 and P-11-533); Polyfluorinated alkyl 
amine (generic) (P-11-532); and Polyfluorinated alkyl thio polyacrylic 
acid-acrylamide (generic) (P-11-534).
    CAS numbers: Not available.
    Effective date of TSCA section 5(e) consent order: April 12, 2013.
    Basis for TSCA section 5(e) consent order: The PMNs P-11-487, P-11-
530, P-11-533, and P-11-534 state that the generic (non-confidential) 
use of these substances is as surfactants. The PMNs P-11-483, P-11-527, 
P-11-528, P-11-529, and P-11-532 state that the generic (non-
confidential) use of these substances is as chemical intermediates. 
Based on analogy to other perfluorinated chemicals including 
perfluorooctanoic acid (PFOA), perfluorooctanesufonate (PFOS), and 
perfluorohexane sulfonate (PFHS), EPA has concerns that the PMN 
substances and/or degradation products will persist in the environment, 
could bioaccumulate or biomagnify, and be toxic (PBT) to people, wild 
mammals and birds. Some perfluorinated chemicals, PFOA and PFOS, are 
expected to persist for years in the environment. Biodegradation and 
photolysis tests of analogous substances to PFOA and PFOS indicate 
little or no biodegradation or photolysis of perfluoroalkyl compounds. 
Bioaccumulation concerns are based on concerns raised by the measured 
presence of certain perfluoroalkyl compounds with longer carbon chain 
length, including PFOA, PFOS, and PFHS in wildlife and in human blood 
samples. EPA has human health concerns for irritation to skin, eyes, 
lungs, mucous membranes, and lung toxicity if inhaled based on 
surfactant properties of the PMN substances. Toxicity studies on PFOA 
and PFOS indicate liver toxicity, blood toxicity, male reproductive 
toxicity, immunosuppression, and oncogenicity. These factors, taken 
together, raise

[[Page 8276]]

concerns for potential adverse chronic effects of P-11-483, P-11-487, 
P-11-527, P-11-528, P-11-529, P-11-530, P-11-532, P-11-533, P-11-534 
and/or degradation products. The consent order was issued under TSCA 
section 5(e)(1)(A) based on a finding that these substances may present 
an unreasonable risk of injury to human health and the environment, 
these substances may be produced in substantial quantities and may 
reasonably be anticipated to enter the environment in substantial 
quantities, and there may be significant (or substantial) human 
exposure to the substances and their potential degradation products. To 
protect against these risks, the consent order requires:
    1. Risk notification. If as a result of the test data required, the 
company becomes aware that the PMN substance may present a risk of 
injury to human health or the environment, the company must incorporate 
this new information, and any information on methods for protecting 
against such risk into a Material Safety Data Sheet (MSDS), within 90 
days.
    2. Manufacture of the PMN substances: (a) According to the chemical 
composition section of the consent order, including analyzing and 
reporting certain starting raw material impurities to EPA; and (b) 
within the maximum established limits of certain fluorinated impurities 
of the PMN substances as stated in the consent order.
    3. Use of the substances only as described in the consent order.
    4. No use of the PMN substances in consumer products with spray 
applications.
    5. Submission of certain environmental fate testing prior to 
exceeding the confidential production volume limit of the aggregate 
amount of the PMN substances, P-11-487, P-11-530, P-11-533, and P-11-
534 specified in the consent order.
    6. The individual annual manufacture volume for P-11-487, P-11-530, 
P-11-533, and P-11-534 must not reach the confidential annual 
production volume specified in the consent order.
    7. Incinerate all waste containing any of the PMN substances from 
manufacturing and processing in an incinerator with a combustion 
temperature of a minimum of 1,000 degrees Celsius (C) and a residence 
time of a minimum of 2 seconds.
    8. No use of the substances resulting in releases to surface water.
    The SNUR designates as a ``significant new use'' the absence of 
these protective measures.
    Recommended testing: EPA has determined that the test data from 
certain human health, environmental fate, and ecotoxicity testing 
identified in the consent order would help characterize possible 
effects of the substances and their degradation products. The company 
has agreed not to exceed the first production limit without performing 
a metabolism and pharmacokinetics test (OPPTS Test Guideline 870.7485), 
and a combined repeated dose toxicity with the reproduction/development 
toxicity screening test (OPPTS Test Guideline 870.3650 modified or OECD 
Test Guideline 422 modified) on a species to be determined by the 
results of the pharmacokinetics studies with modifications, for the P-
11-483 chemical substance. The PMN submitter has also agreed not to 
exceed the second production limit without performing the aerobic and 
anaerobic transformation in soil test (OECD Test Guideline 307) for the 
P-11-530 chemical substance. The company has agreed not to exceed the 
third production limit without performing the fish acute toxicity test, 
freshwater and marine test (OPPTS Test Guideline 850.1075), an aquatic 
invertebrate acute toxicity test, freshwater daphnids (OPPTS Test 
Guideline 850.1010), and an algal toxicity test (Office of Chemical 
Safety and Pollution Prevention (OCSPP) Test Guideline 850.4500) for 
the P-11-483 chemical substance. The company also has agreed to not to 
exceed the fourth production limit without performing the avian 
reproduction test (OPPTS Test Guideline 850.2300) for the P-11-483 
chemical substance, and hydrolysis as a function of pH and temperature 
(OPPTS Test Guideline 835.2130), ultraviolet (UV)/visible absorption 
(OPPTS Test Guideline 830.7050), direct photolysis rate in water by 
sunlight test (OPPTS Test Guideline 835.2210), if wavelengths greater 
than 290 nanometers (nm) are absorbed in the previous test, indirect 
photolysis screening test: Sunlight photolysis in waters containing 
dissolved humic substances (OPPTS Test Guideline 835.5270), anaerobic 
biodegradability of organic compounds in digested sludge: By 
measurement of gas production (OPPTS Test Guideline 835.3420), and 
modified semi continuous activated sludge (SCAS) test for insoluble and 
volatile chemicals (OPPTS Guideline 835.5045), or inherent 
biodegradability: Zahn-Wellens/EVPA Test (OECD Test Guideline 302B), 
modified with analysis for degradation products for P-11-530 chemical 
substance. Further testing details are available in the consent order 
located in the docket under docket EPA-HQ-OPPT-2013-0739. EPA has also 
determined that the results of certain other human health, ecotoxicity, 
and environmental fate testing would help characterize the PMN 
substance. The consent order does not require submission of the pended 
testing detailed in the consent order at any specified time or 
production volume. However, the consent order's restrictions on 
manufacture, processing, distribution in commerce, use, and disposal of 
the PMNs will remain in effect until the consent order is modified or 
revoked by EPA based on submission of that or other relevant 
information.
    CFR citations: 40 CFR 721.10696 (P-11-483 and P-11-528); 40 CFR 
721.10697 (P-11-487); 40 CFR 721.10698 (P-11-527); 40 CFR 721.10699 (P-
11-529); 40 CFR 721.10700 (P-11-530 and P-11-533); 40 CFR 721.10701 (P-
11-532); and 40 CFR 721.10702 (P-11-534).

PMN Numbers P-12-416, P-12-417, P-12-418, and P-12-419

    Chemical names: Multi-walled carbon nanotubes (generic).
    CAS numbers: Not available.
    Effective date of TSCA section 5(e) consent order: December 3, 
2012.
    Basis for TSCA section 5(e) consent order: The PMNs state that the 
use of the substances will be as: An additive for electro-static 
discharge (ESD) in semiconductor packaging and electronic devices; 
additive for weight-reduction in vehicles and windmill blades; additive 
to reinforce building frames and machine components; additive to 
improve conductivity in batteries and solar cells; additive in seat-
heaters (heat generating element in heating devices and materials); 
electron emitter for lighting and x-ray sources; additive for heat 
transfer and thermal emission in electronic devices; additive for 
electromagnetic interface (EMI) shielding; catalyst support in chemical 
manufacturing; and filter additive to remove nanoscale materials. Based 
on test data on analogous respirable, poorly soluble particulates and 
other carbon nanotubes (CNTs), EPA identified concerns for pulmonary 
toxicity, fibrosis, carcinogenicity, mutagenicity, and immunotoxicity. 
Further, available data suggest that pulmonary deposition of some 
nanoparticles, including CNTs, may induce cardiovascular toxicity if 
inhaled. Although there are no environmental toxicity studies on CNTs 
available, EPA expects that some fraction of the CNTs, if released into 
the environment, will eventually be suspended in water. There have been 
sublethal effects observed for analogue single wall CNTs in rainbow 
trout at levels as low as 100 ppb. The order was

[[Page 8277]]

issued under TSCA sections 5(e)(1)(A)(i) and 5(e)(1)(A)(ii)(I) based on 
a finding that these substances may present an unreasonable risk of 
injury to human health and the environment. To protect against these 
risks, the consent order requires:
    1. Use of personal protective equipment including gloves and 
protective clothing impervious to the substances when there is a 
potential dermal exposure and a National Institute of Occupational 
Safety and Health (NIOSH)-certified air-purifying, tight-fitting full-
face respirator equipped with N-100, or P-100, or R-100 filters or 
power air-purifying particulate respirator with an assigned protection 
factor (APF) of at least 50 when there is potential inhalation 
exposure.
    2. No domestic manufacture.
    3. Use of the substances only as described in the consent order.
    4. Import of the substances at a cumulative, aggregate volume not 
to exceed a confidential volume specified in the consent order unless 
the company has submitted the results of certain health studies.
    5. No use of the substances resulting in surface water releases.
    The SNUR designates as a ``significant new use'' the absence of 
these protective measures.
    Recommended testing: EPA has determined that the following tests 
would help characterize the human health effects of the PMN substances. 
The PMN submitter has agreed not to exceed the confidential production 
volume stated in the consent order without performing the 90-day 
inhalation toxicity test (OPPTS Test Guideline 870.3465) on P-12-416 
with a post-exposure observation period of up to 3 months; 
bronchoalveolar lavage fluid (BALF) analysis; aggregation/agglomeration 
state, shape, particle size distribution and surface properties of 
material as-manufactured (dry) and as-administered; aggregation/
agglomeration state, shape, particle size distribution and surface 
properties of materials of the delivered materials after 
administration; determination of cardiovascular toxicity, heart 
histopathology, and data on pulmonary deposition. In addition, in the 
consent order, the PMN submitter agreed to provide physical/chemical 
properties data within a specified time limit.
    CFR citation: 40 CFR 721.10703.

PMN Number P-12-548

    Chemical name: Aryl-substituted alkane (generic).
    CAS number: Not available.
    Effective date of TSCA section 5(e) consent order: April 30, 2013.
    Basis for TSCA section 5(e) consent order: The PMN states that the 
generic (non-confidential) use of the substance will be as a dielectric 
fluid. EPA has identified health and environmental concerns because the 
substance may be a persistent, bio-accumulative, and toxic (PBT) 
chemical, based on physical/chemical properties of the PMN substance, 
as described in the New Chemical Program's PBT category (64 FR 60194; 
November 4, 1999) (FRL-6097-7). EPA estimates that the PMN substance 
will persist in the environment more than two months and estimates a 
bioaccumulation factor of greater than or equal to 1,000. Also, based 
on submitted test data on the PMN substance, EPA identified concerns 
for developmental and liver toxicity to dermally exposed workers. Based 
on EcoSAR analysis of test data on neutral organic chemicals, EPA 
predicts toxicity to aquatic organisms may occur at concentrations that 
exceed 8 ppb of the PMN substance in surface waters. The consent order 
was issued under TSCA sections 5(e)(1)(A)(i) and 5(e)(1)(A)(ii)(I) 
based on a finding that uncontrolled manufacture, processing, 
distribution in commerce, use, and disposal of this substance may 
present an unreasonable risk of injury to human health or the 
environment. To protect against these risks, the consent order 
requires:
    1. Use of personal protective equipment including gloves impervious 
to the substance when there is a potential dermal exposure.
    2. Establishment and use of a hazard communication program.
    3. Use of the substance only as described in the consent order.
    4. Manufacture of the substance at a cumulative volume not to 
exceed a confidential volume specified in the consent order unless the 
company has submitted the results of certain health studies.
    The SNUR designates as a ``significant new use'' the absence of 
these protective measures.
    Recommended testing: EPA has determined that the following tests 
would help characterize the environmental and human health effects of 
the PMN substance. The consent order contains three confidential 
production volume limits. The PMN submitter has agreed not to exceed 
the first production volume limit without performing a 14-day dermal 
toxicity test (OPPTS Test Guideline 870.3200 or OECD Test Guideline 
410). The PMN submitter has also agreed not to exceed the second 
(higher) production volume limit without performing a bioaccumulation 
in sediment-dwelling benthic oligochaetes test (OECD Test Guideline 
315). The PMN submitter has also agreed not to exceed the third 
(higher) production volume limit without performing a sediment and soil 
adsorption/desorption isotherm test (OPPTS Test Guideline 835.1220). 
The PMN submitter has also agreed to submit to EPA the results of any 
other testing conducted to comply with REACH (Regulation, Evaluation, 
Authorization, and Restriction of Chemicals in the European Union) no 
later than 90 days after submission of the testing to the European 
Union.
    CFR citation: 40 CFR 721.10704.

PMN Number P-12-572

    Chemical name: Aromatic amine with cyclo amino carbonyls (generic).
    CAS number: Not available.
    Basis for action: The PMN states that the generic (non-
confidential) use of the substance will be as a reactive amine for 
enhancing pigment dispersions. Based on test data on the PMN substance 
as well as on analogous aromatic amines, EPA identified human health 
concerns regarding oncogenicity and mutagenicity from exposure to the 
PMN substance via inhalation, dermal, and drinking water exposures. 
Further, based on EcoSAR analysis of test data on analogous anilines, 
EPA predicts toxicity to aquatic organisms may occur at concentrations 
that exceed 11 ppb of the PMN substance in surface waters. This 
concentration is also expected by the Agency to be protective of human 
health concerns via drinking water exposure. As described in the PMN, 
occupational exposures are expected to be minimal due to the use of 
impervious gloves and a NIOSH-certified particulate respirator. 
Releases of the substance are not expected to result in surface water 
concentrations that exceed 11 ppb which then effectively limits 
drinking water exposures. Therefore, EPA has not determined that the 
proposed manufacturing, processing, or use of the substance may present 
an unreasonable risk. EPA has determined, however, that any use of the 
substance without the use of impervious gloves, where there is a 
potential for dermal exposure; use of the substance without a NIOSH-
certified particulate respirator with an APF of at least 10, where 
there is a potential for inhalation exposures; use of the substance 
other than as an intermediate; or use of the substance resulting in 
surface water concentrations exceeding 11 ppb may cause serious health 
effects and significant adverse environmental effects. Based on this 
information, the PMN substance meets the concern criteria at Sec.  
721.170(b)(1)(i)(C), (b)(3)(i), (b)(3)(ii), and (b)(4)(ii).

[[Page 8278]]

    Recommended testing: EPA has determined that the results of an 
algal toxicity test (OCSPP Test Guideline 850.4500), an aquatic 
invertebrate acute toxicity test (OPPTS Test Guideline 850.1010), a 
fish acute toxicity test (OPPTS Test Guideline 850.1075), and a 
combined repeated dose toxicity with the reproduction/developmental 
toxicity test (OPPTS Test Guideline 870.3650) would help characterize 
the human health and environmental effects of the PMN substance.
    CFR citation: 40 CFR 721.10705.

PMN Number P-12-576

    Chemical name: Infused carbon nanostructures (generic).
    CAS number: Not available.
    Basis for action: The PMN states that the generic (non-
confidential) use of the substance is as an additive to provide 
conductive properties to reinforcements used in composites. Based on 
available information on analogous carbon structures, EPA identified 
concerns for lung effects. No significant inhalation exposures are 
expected when the PMN substance is manufactured according to the 
process identified in the PMN, to incorporate the PMN substance into 
pellets. Therefore, EPA has not determined that the proposed 
manufacturing, processing, or use of the substance may present an 
unreasonable risk. EPA has determined, however, that a manufacturing 
process other than as described in the PMN (the manufacturing process 
described in the PMN includes incorporation of the PMN substance into 
pellets), may cause serious health effects. Based on this information, 
the PMN substance meets the concern criteria at Sec.  
721.170(b)(3)(ii).
    Recommended testing: EPA has determined that the following analysis 
of the PMN substance would help characterize the effects of the PMN 
substance: The dimensions, the structure, branching characteristics, 
presence of the catalyst in the PMN substance, and physical-chemical 
properties of the carbon nanostructures. These properties should be 
determined and reported to EPA once a year for three consecutive years.
    CFR citation: 40 CFR 721.10706.

PMN Number P-13-127

    Chemical name: Substituted benzyl acrylate (generic).
    CAS number: Not available.
    Basis for action: The PMN states that the use of the substance is 
as a resin for industrial coatings. Based on test data on the PMN 
substance, EPA predicts toxicity to aquatic organisms may occur at 
concentrations that exceed 1 ppb of the PMN substance in surface 
waters. As described in the PMN, releases of the substance are not 
expected to result in surface water concentrations that exceed 1 ppb. 
Therefore, EPA has not determined that the proposed manufacturing, 
processing, or use of the substance may present an unreasonable risk. 
EPA has determined, however, that any use of the substance resulting in 
releases to surface waters exceeding 1 ppb may result in significant 
adverse environmental effects. Based on this information, the PMN 
substance meets the concern criteria at Sec.  721.170(b)(4)(i).
    Recommended testing: EPA has determined that the results of a 
daphnid chronic toxicity test (OPPTS Test Guideline 850.1300) and a 
fish early-life stage toxicity test (OPPTS Test Guideline 850.1400) 
would help characterize the environmental effects of the PMN substance.
    CFR citation: 40 CFR 721.10707.

PMN Number P-13-152

    Chemical name: Zirconium substituted heteropolycyclic (generic).
    CAS number: Not available.
    Basis for action: The PMN states that the generic (non-
confidential) use of the substance is a contained use in electronic 
equipment. Based on EcoSAR analysis of test data on analogous zirconium 
compounds, EPA predicts toxicity to aquatic organisms may occur at 
concentrations that exceed 10 ppb of the PMN substance in surface 
waters. As described in the PMN, releases of the PMN substance are not 
expected to result in surface water concentrations that exceed 10 ppb. 
Therefore, EPA has not determined that the proposed manufacturing, 
processing, or use of the substance may present an unreasonable risk. 
EPA has determined, however, that any use of the substance resulting in 
releases to surface water concentrations exceeding 10 ppb may cause 
significant adverse environmental effects. Based on this information, 
the PMN substance meets the concern criteria at Sec.  
721.170(b)(4)(ii).
    Recommended testing: EPA has determined that the results of an 
algal toxicity test (OCSPP Test Guideline 850.4500), a daphnid chronic 
toxicity test (OPPTS Test Guideline 850.1300), and a fish early-life 
stage toxicity test (OPPTS Test Guideline 850.1400) would help 
characterize the environmental effects of the PMN substance. EPA also 
recommends that the guidance document on aquatic toxicity testing of 
difficult substance and mixtures (OECD Test Guideline 23) be followed.
    CFR citation: 40 CFR 721.10708.

PMN Number P-13-168

    Chemical name: Alkylphenol (generic).
    CAS number: Not available.
    Basis for action: The PMN states that the use of the substance is 
as a reactant for a lubricant additive. Based on EcoSAR analysis of 
test data on analogous phenols, EPA predicts toxicity to aquatic 
organisms may occur at concentrations that exceed 1 ppb of the PMN 
substance in surface waters. As described in the PMN, releases of the 
substance are not expected to result in surface water concentrations 
that exceed 1 ppb. Therefore, EPA has not determined that the proposed 
manufacturing, processing, or use of the substance may present an 
unreasonable risk. EPA has determined, however, that any use of the 
substance resulting in surface water concentrations exceeding 1 ppb may 
cause significant adverse environmental effects. Based on this 
information, the PMN substance meets the concern criteria at Sec.  
721.170(b)(4)(ii).
    Recommended testing: EPA has determined that the results of a 
daphnid chronic toxicity test (OPPTS Test Guideline 850.1300), a fish 
early-life stage toxicity test (OPPTS Test Guideline 850.1400), and an 
algal toxicity test (OCSPP Test Guideline 850.4500) would help 
characterize the environmental effects of the PMN substance. EPA also 
recommends that the guidance document on aquatic toxicity testing of 
difficult substances and mixtures (OECD Test Guideline 23) be followed.
    CFR citation: 40 CFR 721.10709.

PMN Number P-13-192

    Chemical name: 4,7-Methano-1H-indene, 3a,4,7,7a-tetrahydro-, 
polymer with 2-methyl-1,3-butadiene and 5-(1-
methylethenyl)bicyclo[2.2.1]hept-2-ene.
    CAS number: 1412159-51-3.
    Basis for action: The PMN states that the substance is used as a 
rubber additive. Based on EcoSAR analysis of test data on analogous 
neutral organics, EPA predicts toxicity to aquatic organisms may occur 
at concentrations that exceed 1 ppb of the PMN substance in surface 
waters. As described in the PMN, releases of the substance are not 
expected to result in surface water concentrations that exceed 1 ppb. 
Therefore, EPA has not determined that the proposed manufacturing, 
processing, or use of the substance may present an unreasonable risk. 
EPA has determined, however, that any use of the substance resulting in 
surface water concentrations exceeding 1 ppb may result in significant 
adverse

[[Page 8279]]

environmental effects. Based on this information, the PMN substance 
meets the concern criteria at Sec.  721.170(b)(4)(ii).
    Recommended testing: EPA has determined that the results of a 
daphnid chronic toxicity test (OPPTS Test Guideline 850.1300), a fish 
early-life stage toxicity test (OPPTS Test Guideline 850.1400), and an 
algal toxicity test (OCSPP Test Guideline 850.4500) would help 
characterize the environmental effects of the PMN substance. EPA also 
recommends that the guidance document on aquatic toxicity testing of 
difficult substances and mixtures (OECD Test Guideline 23) be followed.
    CFR citation: 40 CFR 721.10710.

PMN Number P-13-197

    Chemical name: Alkyl substituted catechol (generic).
    CAS number: Not available.
    Basis for action: The PMN states that the generic (non-
confidential) use of the substance will be as a raw material for 
organic synthesis. Based on test data on an analog, EPA identified 
potential human health concerns regarding oncogenicity, skin and eye 
irritation and corrosion, dermal sensitization, mutagenicity, and 
developmental toxicity from exposure to the PMN substance via 
inhalation, dermal, and drinking water exposures. Further, based on 
EcoSAR analysis of test data on analogous polyphenols, EPA predicts 
toxicity to aquatic organisms may occur at concentrations that exceed 
20 ppb of the PMN substance in surface waters. This concentration is 
also expected by the Agency to be protective of human health concerns 
via drinking water exposures. As described in the PMN, occupational 
exposure is expected to be minimal due to the use of impervious gloves 
and a NIOSH-certified particulate respirator with an APF of 1,000; and 
releases to surface waters are not expected which then effectively 
limits drinking water exposures. Therefore, EPA has not determined that 
the proposed manufacturing, processing, or use of the substance may 
present an unreasonable risk. EPA has determined, however, that any use 
of the substance without the use of impervious gloves, where there is a 
potential for dermal exposure; use of the substance without a NIOSH-
certified particulate respirator with an APF of 1,000, where there is a 
potential for inhalation exposures; use of the substance other than as 
an intermediate; or use of the substance resulting in surface water 
concentrations exceeding 20 ppb may cause serious health effects and 
significant adverse environmental effects. Based on this information, 
the PMN substance meets the concern criteria at Sec.  
721.170(b)(1)(i)(C), (b)(3)(ii), and (b)(4)(ii).
    Recommended testing: EPA has determined that the results of an 
algal toxicity test (OCSPP Test Guideline 850.4500); an aquatic 
invertebrate acute toxicity test, freshwater daphnids (OPPTS Test 
Guideline 850.1010); a fish acute toxicity test, freshwater and marine 
(OPPTS Test Guideline 850.1075), as well as either the in vitro skin 
corrosion: transcutaneous electrical resistance test (TER) (OECD Test 
Guideline 430) or the in vitro skin corrosion: human skin model test 
(OECD Test Guideline 431) or the in vitro membrane barrier test method 
for skin corrosion (OECD Test Guideline 435) would help characterize 
the human health and environmental effects of the PMN substance.
    CFR citation: 40 CFR 721.10711.

PMN Number P-13-217

    Chemical name: Antimony tris(dialkyldithiocarbamate) (generic).
    CAS number: Not available.
    Basis for action: The PMN states that the use of the substance is 
as an extreme pressure, anti-wear additive for greases and oils. Based 
on EcoSAR analysis of test data on analogous dithiocarbamates, EPA 
predicts toxicity to aquatic organisms may occur at concentrations that 
exceed 4 ppb of the PMN substance in surface waters. As described in 
the PMN, releases of the substance are not expected to result in 
surface water concentrations that exceed 4 ppb. Therefore, EPA has not 
determined that the proposed manufacturing, processing, or use of the 
substance may present an unreasonable risk. EPA has determined, 
however, that any use of the substance resulting in surface water 
concentrations exceeding 4 ppb may cause significant adverse 
environmental effects. Based on this information, the PMN substance 
meets the concern criteria at Sec.  721.170(b)(4)(ii).
    Recommended testing: EPA has determined that the results of a 
daphnid chronic toxicity test (OPPTS Test Guideline 850.1300) and a 
fish early-life stage toxicity test (OPPTS Test Guideline 850.1400) 
would help characterize the environmental effects of the PMN substance.
    CFR citation: 40 CFR 721.10712.

PMN Number P-13-259

    Chemical name: Antimony tris(dialkyldithiocarbamate) (generic).
    CAS number: Not available.
    Basis for action: The PMN states that the use of the substance is 
as an extreme pressure, anti-wear additive for greases and oils 
containing the PMN substance and sulfurized isobutylene. Based on 
EcoSAR analysis of test data on analogous organic antimony 
dithiocarbamate, EPA predicts toxicity to aquatic organisms may occur 
at concentrations that exceed 4 ppb of the PMN substance in surface 
waters. As described in the PMN, releases of the substance are not 
expected to result in surface water concentrations that exceed 4 ppb. 
Therefore, EPA has not determined that the proposed manufacturing, 
processing, or use of the substance may present an unreasonable risk. 
EPA has determined, however, that any use of the substance resulting in 
surface water concentrations exceeding 4 ppb may result in significant 
adverse environmental effects. Based on this information, the PMN 
substance meets the concern criteria at Sec.  721.170(b)(4)(ii).
    Recommended testing: EPA has determined that the results of a ready 
biodegradability test (OECD Test Guideline 301), a daphnid chronic 
toxicity test (OPPTS Test Guideline 850.1300), and a fish early-life 
stage toxicity test (OPPTS Test Guideline 850.1400) would help 
characterize the environmental effects of the PMN substance. EPA also 
recommends that the guidance document on aquatic toxicity testing of 
difficult substances and mixtures (OECD Test Guideline 23) be followed.
    CFR citation: 40 CFR 721.10713.

PMN Number P-13-260

    Chemical name: Zinc bis(dialkyldithiocarbamate) (generic).
    CAS number: Not available.
    Basis for action: The PMN states that the use of the substance is 
as an extreme pressure, anti-wear additive for greases and oils 
containing the PMN substance and process oil as well as an extreme 
pressure, anti-wear additive for greases and oils containing the PMN 
substance and sulfurized isobutylene. Based on EcoSAR analysis of test 
data on analogous zinc salts, EPA predicts toxicity to aquatic 
organisms may occur at concentrations that exceed 7 ppb of the PMN 
substance in surface waters. As described in the PMN, releases of the 
substance are not expected to result in surface water concentrations 
that exceed 7 ppb. Therefore, EPA has not determined that the proposed 
manufacturing, processing, or use of the substance may present an 
unreasonable risk. EPA has determined, however, that any use of the 
substance resulting in surface water concentrations exceeding 7 ppb may 
result in significant adverse environmental effects. Based on this 
information, the PMN substance meets

[[Page 8280]]

the concern criteria at Sec.  721.170(b)(4)(ii).
    Recommended testing: EPA has determined that the results of a ready 
biodegradability test (OECD Test Guideline 301), a daphnid chronic 
toxicity test (OPPTS Test Guideline 850.1300), and a fish early-life 
stage toxicity test (OPPTS Test Guideline 850.1400) would help 
characterize the environmental effects of the PMN substance. EPA also 
recommends that the guidance document on aquatic toxicity testing of 
difficult substances and mixtures (OECD Test Guideline 23) be followed.
    CFR citation: 40 CFR 721.10714.

PMN Number P-13-346

    Chemical name: Carbonic acid, dialkyl ester (generic).
    CAS number: Not available.
    Basis for action: The PMN states that the generic (non-
confidential) use of the PMN substance will be as an encapsulated part 
in a polymer matrix used as part of a fragrance slurry in consumer 
fabric care and cleaning products. Based on test data on the PMN 
substance and EcoSAR analysis of test data on analogous esters, EPA 
predicts toxicity to aquatic organisms may occur at concentrations that 
exceed 1 ppb of the PMN substance in surface waters for greater than 20 
days per year. This 20-day criterion is derived from partial life cycle 
tests (daphnid chronic and fish early-life stage tests) that typically 
range from 21 to 28 days in duration. EPA predicts toxicity to aquatic 
organisms may occur if releases of the PMN substance to surface water 
exceed releases from importing 100,000 kilograms of the PMN substance 
per year. For the use described in the PMN and at the importation 
volume described in the PMN, environmental releases did not exceed 1 
ppb for more than 20 days per year. Therefore, EPA has not determined 
that the proposed importing, processing, or use of the substance may 
present an unreasonable risk. EPA has determined, however, that any 
domestic manufacture of the PMN substance, use of the substance other 
than as described in the PMN, or importing the PMN substance at volumes 
greater than 100,000 kilograms per year, could result in exposures 
which may cause significant adverse environmental effects. Based on 
this information, the PMN substance meets the concern criteria at Sec.  
721.170(b)(4)(i) and (b)(4)(ii).
    Recommended testing: EPA has determined that the results of a fish 
early-life stage toxicity test (OPPTS Test Guideline 850.1400) would 
help characterize the environmental effects of the PMN substance.
    CFR citation: 40 CFR 721.10715.

PMN Number P-13-355

    Chemical name: Phenol, 2,6-dimethyl-, homopolymer, ether with 
2,2',3,3',5,5'-hexamethyl[1,1'-biphenyl]-4,4'-diol 
(2:1),bis[(ethenylphenyl)methyl] ether.
    CAS number: 558452-77-0.
    Basis for action: The PMN states that the use of the substance is 
as a polymeric coating. Based on test data on the PMN substance, EPA 
predicts toxicity to aquatic organisms may occur at concentrations that 
exceed 2 ppb of the PMN substance in surface waters. As described in 
the PMN, releases of the substance are not expected to result in 
surface water concentrations that exceed 2 ppb. Therefore, EPA has not 
determined that the proposed manufacturing, processing, or use of the 
substance may present an unreasonable risk. EPA has determined, 
however, that any use of the substance resulting in surface water 
concentrations exceeding 2 ppb may result in significant adverse 
environmental effects. Based on this information, the PMN substance 
meets the concern criteria at Sec.  721.170(b)(4)(i).
    Recommended testing: EPA has determined that the results of a 
chironomid sediment toxicity test (OPPTS Test Guideline 850.1790); a 
whole sediment acute toxicity invertebrates, freshwater or marine 
(OPPTS Test Guideline 850.1735 or 850.1740); a sediment-water 
chironomid toxicity using spiked water test (OECD Test Guideline 219); 
a sediment-water chironomid toxicity test using spiked sediment (OECD 
Test Guideline 218); a sediment-water lumbriculus toxicity test using 
spiked sediment (OECD Test Guideline 225); a sediment-water chironomid 
life-cycle toxicity test using spiked water or spiked sediment (OECD 
Test Guideline 233); methods for measuring the toxicity and 
bioaccumulation of sediment-associated contaminants with freshwater 
invertebrates (EPA 600/R-99/064 March 2000; see http://nepis.epa.gov/Exe/ZyPDF.cgi/Docket=30003SBA.PDF), and environmental monitoring of the 
PMN substance would help characterize the environmental effects of the 
PMN substance. EPA also recommends that the guidance document on 
aquatic toxicity testing of difficult substances and mixtures (OECD 
Test Guideline 23) be followed.
    CFR citation: 40 CFR 721.10716.

PMN Number P-13-365

    Chemical name: MDI modified polyalkene glycols (generic).
    CAS number: Not available.
    Basis for action: The PMN states that the generic (non-
confidential) use of the substance will be as an adhesive component. 
Based on test data on analogous diisocyanates, EPA identified concerns 
for dermal and respiratory sensitization, and lung and mucous membrane 
irritation effects. For the use described in the PMN, EPA does not 
expect significant occupational or consumer inhalation exposure due to 
the use of adequate personal protective equipment and because the 
substance is not applied using a method that generates a vapor, mist, 
or aerosol nor is it used in a consumer product. Therefore, EPA has not 
determined that the proposed manufacturing, processing, or use of the 
substance may present an unreasonable risk. EPA has determined, 
however, that any use of the substance without a NIOSH-certified 
particulate respirator with an APF of at least 10, where there is a 
potential for inhalation exposures; any use of the substance in 
consumer products; or any use of the substance involving an application 
method that generates a vapor, mist, or aerosol, may cause serious 
health effects. Based on this information, the PMN substance meets the 
concern criteria at Sec.  721.170(b)(3)(ii).
    Recommended testing: EPA has determined that the results of a skin 
sensitization test (OPPTS Test Guideline 870.2600) and a 90-day 
inhalation toxicity test (OPPTS Test Guideline 870.3465) would help 
characterize the human health effects of the PMN substance.
    CFR citation: 40 CFR 721.10717.

PMN Number P-13-374

    Chemical name: Substituted picolinic acid (generic).
    CAS number: Not available.
    Basis for action: The PMN states that the specific use of the 
substance will be as a pesticide intermediate. Based on test data of 
the PMN substance and close analogs, the Agency identified human health 
concerns for systemic and developmental toxicities, neurotoxicity, and 
oncogenicity from dermal, drinking water, and inhalation exposures. 
Further, based on test data on the PMN substance, EPA predicts toxicity 
to aquatic organisms may occur at concentrations that exceed 180 ppb of 
the PMN substance in surface water. This concentration is also expected 
by the Agency to be protective of human health concerns via drinking 
water exposure. For the use described in the PMN, EPA does not expect 
significant occupational exposures and releases of the PMN substance 
are not expected to

[[Page 8281]]

result in surface water concentrations that exceed 180 ppb which then 
effectively limits drinking water exposures. Therefore, EPA has not 
determined that the proposed manufacturing, processing, or use of the 
substance may present an unreasonable risk. EPA has determined, 
however, that any use of the substance other than as a pesticide 
intermediate could result in exposures which may cause serious health 
or ecological effects. Based on this information, the PMN substance 
meets the concern criteria at Sec.  721.170(b)(1)(i)(C), (b)(3)(i), and 
(b)(4)(i).
    Recommended testing: EPA has determined that the results of 
industrial workplace monitoring and environmental release information 
would help characterize the health and environmental effects of the PMN 
substance.
    CFR citation: 40 CFR 721.10718.

PMN Number P-13-392

    Chemical name: Acrylic acid esters polymers, reaction products with 
polyisocyanate (generic).
    CAS number: Not available.
    Basis for action: The PMN states that the generic (non-
confidential) use of the substance will be for wood, plastic, and 
automotive paint material. Based on test data on analogous 
diisocyanates, EPA identified concerns for dermal and respiratory 
sensitization, irritation to all moist tissues, and lung effects if 
inhaled based on the low molecular weight isocyanates, to workers 
exposed to the PMN substance. As described in the PMN, worker 
inhalation exposure is not expected and dermal exposure will be minimal 
due to the use of adequate personal protective equipment. Therefore, 
EPA has not determined that the proposed manufacturing, processing, or 
use of the substance may present an unreasonable risk. EPA has 
determined, however, that any use of the substance without a NIOSH-
certified respirator with an APF of at least 10, where there is 
potential inhalation exposure; or any use of the PMN substance in a 
consumer product, may cause serious health effects. Based on this 
information, the PMN substance meets the concern criteria at Sec.  
721.170(b)(3)(ii).
    Recommended testing: EPA has determined that the results of a skin 
sensitization test (OPPTS Test Guideline 870.2600) and a 90-day 
inhalation toxicity test (OPPTS Test Guideline 870.3465) would help 
characterize the human health effects of the PMN substance.
    CFR citation: 40 CFR 721.10719.

PMN Number P-13-393

    Chemical name: 1,3-Benzenedicarboxylic acid, polymer with 1,4-
benzenedicarboxylic acid, 1,4-dimethyl 1,4-benzenedicarboxylate, 2,2-
dimethyl-1,3-propanediol,dodecanedioic acid, 1,2-ethanediol, 
hexanedioic acid, 1,6-hexanediol, alkyldiol ester and aromatic 
isocyanate (generic).
    CAS number: Not available.
    Basis for action: The PMN states that the generic (non-
confidential) use of the substance will be as an industrial adhesive. 
Based on test data on analogous diisocyanates, the Agency identified 
concerns for dermal and respiratory sensitization, irritation to all 
moist tissues, and lung effects if inhaled based on the low molecular 
weight isocyanates. For the use described in the PMN, EPA does not 
expect significant occupational or consumer inhalation exposure due to 
the use of adequate personal protective equipment and because the 
substance is not applied using a method that generates a vapor, mist, 
or aerosol nor is the substance used in a consumer product. Therefore, 
EPA has not determined that the proposed manufacturing, processing, or 
use of the substance may present an unreasonable risk. EPA has 
determined, however, that any use of the substance without a NIOSH-
certified particulate respirator with an APF of at least 10, where 
there is a potential for inhalation exposures; any use of the substance 
in consumer products; or any use of the substance involving an 
application method that generates a vapor, mist, or aerosol, may cause 
serious health effects. Based on this information, the PMN substance 
meets the concern criteria at Sec.  721.170(b)(3)(ii).
    Recommended testing: EPA has determined that the results of a skin 
sensitization test (OPPTS Test Guideline 870.2600) and a 90-day 
inhalation toxicity test (OPPTS Test Guideline 870.3465) would help 
characterize the human health effects of the PMN substance.
    CFR citation: 40 CFR 721.10720.

PMN Number P-13-455

    Chemical name: Poly(oxy-1,2-ethanediyl), .alpha.,.alpha.'-[(1-
methylethylidene)di-4,1-phenylene]bis[.omega.-[[6-(2,5-dihydro-2,5-
dioxo-1H-pyrrol-1-yl)-1-oxohexyl]oxy]-.
    CAS number: Not available.
    Basis for action: The PMN states that the generic (non-
confidential) use of the substance will be as a conductive adhesive in 
the electronics industry. Based on EcoSAR analysis of test data on 
analogous imides and esters, EPA predicts toxicity to aquatic organisms 
may occur at concentrations that exceed 1 ppb of the PMN substance in 
surface waters. For the specific use described in the PMN, 
environmental releases are not expected to result in surface water 
concentrations that exceed 1 ppb. Therefore, EPA has not determined 
that the proposed manufacturing, processing, or use of the substance 
may present an unreasonable risk. EPA has determined, however, that any 
use of the PMN substance resulting in surface water concentrations 
exceeding 1 ppb may cause significant adverse environmental effects. 
Based on this information, the PMN substances meet the concern criteria 
at Sec.  721.170(b)(4)(ii).
    Recommended testing: EPA has determined that the results of a fish 
early-life stage toxicity test (OPPTS Test Guideline 850.1400) and a 
daphnid chronic toxicity test (OPPTS Test Guideline 850.1300) would 
help characterize the environmental effects of the PMN substance.
    CFR citation: 40 CFR 721.10721.

PMN Number P-13-468

    Chemical name: Oxirane,2-[(1-propen-1-yloxy)methyl]-.
    CAS number: 1607-23-4.
    Basis for action: The PMN states that the substance will be used as 
a site-limited chemical intermediate to make a curable monomer. Based 
on test data on analogous epoxides, EPA identified concerns for skin 
and lung sensitization, mutagenicity, oncogenicity, developmental 
toxicity, male reproductive, liver, and kidney toxicity to workers 
exposed to the PMN substance. As described in the PMN, worker 
inhalation exposure is not expected and dermal exposure will be minimal 
due to the use as an intermediate and use of adequate personal 
protective equipment. Therefore, EPA has not determined that the 
proposed manufacturing, processing, or use of the substance may present 
an unreasonable risk. EPA has determined, however, that any use of the 
substance without a NIOSH-certified respirator with an APF of at least 
10, where there is potential inhalation exposure; the use of the 
substance without impervious gloves, where there is potential for 
dermal exposure; or use other than as an intermediate may cause serious 
health effects. Based on this information, the PMN substances meet the 
concern criteria at Sec.  721.170(b)(1)(i)(C) and (b)(3)(ii).
    Recommended testing: EPA has determined that the results of a 
carcinogenicity test (OPPTS Test

[[Page 8282]]

Guideline 870.4200) and a 90-day oral toxicity in rodents test (OPPTS 
Test Guideline 870.3100) would help characterize the human health 
effects of the PMN substance.
    CFR citation: 40 CFR 721.10722.

PMN Number P-13-471

    Chemical name: Methylene diisocyanate polymer with polypropylene 
glycol and diols (generic).
    CAS number: Not available.
    Basis for action: The PMN states that the generic (non-
confidential) use of the substance will be as an industrial adhesive. 
Based on test data on analogous diisocyanates, EPA identified concerns 
for oncogenicity, mutagenicity, respiratory and dermal sensitization, 
and lung and mucous membrane irritation to workers exposed to the PMN 
substance. As described in the PMN, worker inhalation exposure is not 
expected and dermal exposure will be minimal due to the use as an 
intermediate and use of adequate personal protective equipment. 
Therefore, EPA has not determined that the proposed manufacturing, 
processing, or use of the substance may present an unreasonable risk. 
EPA has determined, however, that any use of the substance without a 
NIOSH-certified particulate respirator with an APF of at least 10, 
where there is potential inhalation exposure, or the use of the 
substance in a consumer product, may cause serious health effects. 
Based on this information, the PMN substance meets the concern criteria 
at Sec.  721.170(b)(1)(i)(C) and (b)(3)(ii).
    Recommended testing: EPA has determined that the results of a skin 
sensitization test (OPPTS Test Guideline 870.2600) and a 90-day 
inhalation toxicity test (OPPTS Test Guideline 870.3465) would help 
characterize the human health effects of the PMN substance.
    CFR citation: 40 CFR 721.10723.

PMN Number P-13-472

    Chemical name: Oxirane,[[2-(2-ethenyloxy)ethoxy]methyl]-.
    CAS number: 16801-19-7.
    Basis for action: The PMN states that the substance will be used as 
a site-limited intermediate to manufacture a curable monomer. Based on 
test data on analogous epoxides, EPA identified concerns for skin and 
lung sensitization, mutagenicity, oncogenicity, developmental toxicity, 
male reproductive, liver, and kidney toxicity to workers exposed to the 
PMN substance. In addition, based on analogous vinyl ethers, there were 
concerns for oncogenicity, reproductive toxicity, and blood toxicity. 
As described in the PMN, worker inhalation exposure is not expected and 
dermal exposure will be minimal due to the use as an intermediate and 
use of adequate personal protective equipment. Therefore, EPA has not 
determined that the proposed manufacturing, processing, or use of the 
substance may present an unreasonable risk. EPA has determined, 
however, that any use of the substance without a NIOSH-certified 
respirator with an APF of at least 10, where there is potential 
inhalation exposure; the use of the substance without impervious 
gloves, where there is potential for dermal exposure; or use other than 
as an intermediate may cause serious health effects. Based on this 
information, the PMN substances meet the concern criteria at Sec.  
721.170(b)(1)(i)(C) and (b)(3)(ii).
    Recommended testing: EPA has determined that the results of a 
carcinogenicity test (OPPTS Test Guideline 870.4200) and a 90-day oral 
toxicity in rodents test (OPPTS Test Guideline 870.3100) would help 
characterize the human health effects of the PMN substance.
    CFR citation: 40 CFR 721.10724.

V. Rationale and Objectives of the Rule

A. Rationale

    During review of the PMNs submitted for the chemical substances 
that are subject to these SNURs, EPA concluded that for 14 of the 35 
chemical substances, regulation was warranted under TSCA section 5(e), 
pending the development of information sufficient to make reasoned 
evaluations of the health or environmental effects of the chemical 
substances. The basis for such findings is outlined in Unit IV. Based 
on these findings, TSCA section 5(e) consent orders requiring the use 
of appropriate exposure controls were negotiated with the PMN 
submitters. The SNUR provisions for these chemical substances are 
consistent with the provisions of the TSCA section 5(e) consent orders. 
These SNURs are promulgated pursuant to Sec.  [emsp14]721.160 (see Unit 
VI.).
    In the other 21 cases, where the uses are not regulated under a 
TSCA section 5(e) consent order, EPA determined that one or more of the 
criteria of concern established at Sec.  [emsp14]721.170 were met, as 
discussed in Unit IV.

B. Objectives

    EPA is issuing these SNURs for specific chemical substances which 
have undergone premanufacture review because the Agency wants to 
achieve the following objectives with regard to the significant new 
uses designated in this rule:
     EPA will receive notice of any person's intent to 
manufacture 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 or 
processing a listed chemical substance for the described significant 
new use.
     EPA will be able to regulate prospective manufacturers 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, or 7.
     EPA will ensure that all manufacturers and processors of 
the same chemical substance that is subject to a TSCA section 5(e) 
consent order are subject to similar requirements.
    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 
http://www.epa.gov/opptintr/existingchemicals/pubs/tscainventory/index.html.

VI. Direct Final Procedures

    EPA is issuing these SNURs as a direct final rule, as described in 
Sec.  [emsp14]721.160(c)(3) and Sec.  [emsp14]721.170(d)(4). In 
accordance with Sec.  721.160(c)(3)(ii) and Sec.  721.170(d)(4)(i)(B), 
the effective date of this rule is April 14, 2014 without further 
notice, unless EPA receives written adverse or critical comments, or 
notice of intent to submit adverse or critical comments before March 
14, 2014.
    If EPA receives written adverse or critical comments, or notice of 
intent to submit adverse or critical comments, on one or more of these 
SNURs before March 14, 2014, EPA will withdraw the relevant sections of 
this direct final rule before its effective date. EPA will then issue a 
proposed SNUR for the chemical substance(s) on which adverse or 
critical comments were received, providing a 30-day period for public 
comment.
    This rule establishes SNURs for a number of chemical substances. 
Any person who submits adverse or critical comments, or notice of 
intent to submit adverse or critical comments, must identify the 
chemical substance and the new use to which it applies. EPA will not 
withdraw a SNUR for a chemical

[[Page 8283]]

substance not identified in the comment.

VII. Applicability of the Significant New Use Designation

    To establish a significant new use, EPA must determine that the use 
is not ongoing. The chemical substances subject to this rule have 
undergone premanufacture review. In cases where EPA has not received a 
notice of commencement (NOC) and the chemical substance has not been 
added to the TSCA Inventory, no person may commence such activities 
without first submitting a PMN. Therefore, for chemical substances for 
which an NOC has not been submitted EPA concludes that the designated 
significant new uses are not ongoing.
    When chemical substances identified in this rule are added to the 
TSCA Inventory, EPA recognizes that, before the rule is effective, 
other persons might engage in a use that has been identified as a 
significant new use. However, TSCA section 5(e) consent orders have 
been issued for 14 of the 35 chemical substances, and the PMN 
submitters are prohibited by the TSCA section 5(e) consent orders from 
undertaking activities which would be designated as significant new 
uses. The identities of 29 of the 35 chemical substances subject to 
this rule have been claimed as confidential and EPA has received no 
post-PMN bona fide submissions (per Sec. Sec.  720.25 and 721.11). 
Based on this, the Agency believes that it is highly unlikely that any 
of the significant new uses described in the regulatory text of this 
rule are ongoing.
    Therefore, EPA designates February 12, 2014 as the cutoff date for 
determining whether the new use is ongoing. Persons who begin 
commercial manufacture or processing of the chemical substances for a 
significant new use identified as of that date would have to cease any 
such activity upon the effective date of the final rule. To resume 
their activities, these persons would have to first comply with all 
applicable SNUR notification requirements and wait until the notice 
review period, including any extensions, expires. If such a person met 
the conditions of advance compliance under Sec.  721.45(h), the person 
would be considered exempt from the requirements of the SNUR. Consult 
the Federal Register document of April 24, 1990 for a more detailed 
discussion of the cutoff date for ongoing uses.

VIII. 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 40 CFR 
720.50). However, upon review of PMNs and SNUNs, the Agency has the 
authority to require appropriate testing. In cases where EPA issued a 
TSCA section 5(e) consent order that requires or recommends certain 
testing, Unit IV. lists those tests. Unit IV. also lists recommended 
testing for non-section 5(e) SNURs. 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. To access the OCSPP test guidelines referenced in 
this document electronically, please go to http://www.epa.gov/ocspp and 
select ``Test Methods and Guidelines.'' The Organisation for Economic 
Co-operation and Development (OECD) test guidelines are available from 
the OECD Bookshop at http://www.oecdbookshop.org or SourceOECD at 
http://www.sourceoecd.org.
    In the TSCA section 5(e) consent orders for several of the chemical 
substances regulated under this rule, EPA has established production 
volume limits in view of the lack of data on the potential health and 
environmental risks that may be posed by the significant new uses or 
increased exposure to the chemical substances. These limits cannot be 
exceeded unless the PMN submitter first submits the results of toxicity 
tests that would permit a reasoned evaluation of the potential risks 
posed by these chemical substances. Listings of the tests specified in 
the TSCA section 5(e) consent orders are included in Unit IV. The SNURs 
contain the same production volume limits as the TSCA section 5(e) 
consent orders. Exceeding these production limits is defined as a 
significant new use. Persons who intend to exceed the production limit 
must notify the Agency by submitting a SNUN at least 90 days in advance 
of commencement of non-exempt commercial manufacture or processing.
    The recommended tests specified in Unit IV. may not be the only 
means of addressing the potential risks of the chemical substance. 
However, submitting a SNUN without any test data may increase the 
likelihood that EPA will take action under TSCA section 5(e), 
particularly if satisfactory test results have not been obtained from a 
prior PMN or SNUN submitter. EPA recommends that potential SNUN 
submitters contact EPA early enough so that they will be able to 
conduct the appropriate tests.
    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 substances.
     Potential benefits of the chemical substances.
     Information on risks posed by the chemical substances 
compared to risks posed by potential substitutes.

IX. Procedural Determinations

    By this rule, EPA is establishing certain significant new uses 
which have been claimed as CBI subject to Agency confidentiality 
regulations at 40 CFR part 2 and 40 CFR part 720, subpart E. Absent a 
final determination or other disposition of the confidentiality claim 
under 40 CFR part 2 procedures, EPA is required to keep this 
information confidential. EPA promulgated a procedure to deal with the 
situation where a specific significant new use is CBI, at 40 CFR 
721.1725(b)(1).
    Under these procedures a manufacturer or processor may request EPA 
to determine whether a proposed use would be a significant new use 
under the rule. The manufacturer or processor must show that it has a 
bona fide intent to manufacture or process the chemical substance and 
must identify the specific use for which it intends to manufacture or 
process the chemical substance. If EPA concludes that the person has 
shown a bona fide intent to manufacture or process the chemical 
substance, EPA will tell the person whether the use identified in the 
bona fide submission would be a significant new use under the rule. 
Since most of the chemical identities of the chemical substances 
subject to these SNURs are also CBI, manufacturers and processors can 
combine the bona fide submission under the procedure in Sec.  
721.1725(b)(1) with that under Sec.  721.11 into a single step.
    If EPA determines that the use identified in the bona fide 
submission would not be a significant new use, i.e.,

[[Page 8284]]

the use does not meet the criteria specified in the rule for a 
significant new use, that person can manufacture or process the 
chemical substance so long as the significant new use trigger is not 
met. In the case of a production volume trigger, this means that the 
aggregate annual production volume does not exceed that identified in 
the bona fide submission to EPA. Because of confidentiality concerns, 
EPA does not typically disclose the actual production volume that 
constitutes the use trigger. Thus, if the person later intends to 
exceed that volume, a new bona fide submission would be necessary to 
determine whether that higher volume would be a significant new use.

X. SNUN Submissions

    According to Sec.  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 40 CFR 720.40 and Sec.  721.25. E-PMN software is 
available electronically at http://www.epa.gov/opptintr/newchems.

XI. Economic Analysis

    EPA has evaluated the potential costs of establishing SNUN 
requirements for potential manufacturers and processors of the chemical 
substances subject to this rule. EPA's complete economic analysis is 
available in the docket under docket ID number EPA-HQ-OPPT-2013-0739.

XII. Statutory and Executive Order Reviews

A. Executive Order 12866

    This rule establishes SNURs for several new chemical substances 
that were the subject of PMNs, or TSCA section 5(e) consent orders. 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 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 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 
rule.
    This rule is within the scope of the February 18, 2012 
certification. Based on the Economic Analysis discussed in Unit XI. 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 rule. As 
such, EPA has determined that this 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 rule does not have Tribal implications because it is not 
expected to have substantial direct effects on Indian Tribes. This 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 
rule.

G. Executive Order 13045

    This action is not subject to Executive Order 13045, entitled 
``Protection of Children from Environmental Health

[[Page 8285]]

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).

XIII. 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

40 CFR Part 9

    Environmental protection, Reporting and recordkeeping requirements.

40 CFR Part 721

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

    Dated: February 3, 2014.
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.  14;9.1, add the following sections in numerical order under 
the undesignated center heading ``Significant New Uses of Chemical 
Substances'' to read as follows:


Sec.  9.1  OMB approvals under the Paperwork Reduction Act.

------------------------------------------------------------------------
                                                            OMB control
                     40 CFR citation                            No.
------------------------------------------------------------------------
 
                                * * * * *
               Significant New Uses of Chemical Substances
 
                                * * * * *
721.10695...............................................       2070-0012
721.10696...............................................       2070-0012
721.10697...............................................       2070-0012
721.10698...............................................       2070-0012
721.10699...............................................       2070-0012
721.10700...............................................       2070-0012
721.10701...............................................       2070-0012
721.10702...............................................       2070-0012
721.10703...............................................       2070-0012
721.10704...............................................       2070-0012
721.10705...............................................       2070-0012
721.10706...............................................       2070-0012
721.10707...............................................       2070-0012
721.10708...............................................       2070-0012
721.10709...............................................       2070-0012
721.10710...............................................       2070-0012
721.10711...............................................       2070-0012
721.10712...............................................       2070-0012
721.10713...............................................       2070-0012
721.10714...............................................       2070-0012
721.10715...............................................       2070-0012
721.10716...............................................       2070-0012
721.10717...............................................       2070-0012
721.10718...............................................       2070-0012
721.10719...............................................       2070-0012
721.10720...............................................       2070-0012
721.10721...............................................       2070-0012
721.10722...............................................       2070-0012
721.10723...............................................       2070-0012
721.10724...............................................       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.  721.10695 to subpart E to read as follows:


Sec.  721.10695  1,2,3-Propanetricarboxamide, N1,N2,N3-tris(2-
methylcyclohexyl)-.

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified as 1,2,3-
Propanetricarboxamide, N1,N2,N3-tris(2-methylcyclohexyl)- (PMN P-08-
179; CAS No. 160535-46-6) 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) Release to water. Requirements as specified in Sec.  
721.90(a)(4), (b)(4), and (c)(4) (N = 12).
    (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 (k) are applicable to manufacturers and 
processors of this substance.
    (2) Limitations or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.

0
5. Add Sec.  721.10696 to subpart E to read as follows:


Sec.  721.10696  Polyfluorinated alkyl thiol (generic).

    (a) Chemical substances and significant new uses subject to 
reporting. (1) The chemical substances identified generically as 
polyfluorinated alkyl thiol (PMNs P-11-483 and P-11-528) are 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) Hazard communication program. A significant new use of the 
substances is any manner or method of manufacture or processing 
associated with any use of the substances without providing risk 
notification as follows:
    (A) If as a result of the test data required under the TSCA section 
5(e) consent order for the substances, the employer becomes aware that 
the substances may present a risk of injury to human health or the 
environment, the employer must incorporate this new information, and 
any information on methods for protecting against such risk, into a 
MSDS as described in Sec.  721.72(c) within 90 days from the time the 
employer becomes aware of the new information. If the substance(s) are 
not being manufactured, processed, or used in the employer's workplace, 
the employer must add the new information to a MSDS before the 
substance(s) are reintroduced into the workplace.

[[Page 8286]]

    (B) The employer must ensure that persons who will receive the PMN 
substance(s) from the employer, or who have received the PMN 
substance(s) from the employer within 5 years from the date the 
employer becomes aware of the new information described in paragraph 
(a)(2)(i)(A) of this section, are provided an MSDS containing the 
information required under paragraph (a)(2)(i)(A) of this section 
within 90 days from the time the employer becomes aware of the new 
information.
    (ii) Industrial, commercial, and consumer activities. Requirements 
as specified in Sec.  721.80(k) (a significant new use is any use other 
than as allowed by the section 5(e) consent order which includes 
analysis and reporting and limitations of maximum impurity levels of 
certain fluorinated impurities), and (o) (use in a consumer product 
that could be spray applied).
    (iii) Disposal. Requirements as specified in Sec.  721.85(a)(1) and 
(b)(1) (at a temperature of at least 1,000 degrees C with a minimum 
residence time of 2 seconds).
    (iv) Release to water. Requirements as specified in Sec.  
721.90(a)(1), (b)(1), and (c)(1), except for releases allowed by the 
section 5(e) the consent order .
    (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), (d), (f), (h), (j) and (k) are applicable to 
manufacturers and processors of these substances.
    (2) Limitations or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.
    (3) Determining whether a specific use is subject to this section. 
The provisions of Sec.  721.1725(b)(1) apply to paragraph (a)(2)(ii) of 
this section.

0
6. Add Sec.  721.10697 to subpart E to read as follows:


Sec.  721.10697  Polyfluorinated alkyl polyamide (generic).

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified generically as 
polyfluorinated alkyl polyamide (PMN P-11-487) 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) Hazard communication program. A significant new use of this 
substance is any manner or method of manufacture or processing 
associated with any use of this substance without providing risk 
notification as follows:
    (A) If as a result of the test data required under the TSCA section 
5(e) consent order for this substance, the employer becomes aware that 
this substance may present a risk of injury to human health or the 
environment, the employer must incorporate this new information, and 
any information on methods for protecting against such risk, into a 
MSDS as described in Sec.  721.72(c) within 90 days from the time the 
employer becomes aware of the new information. If this substance is not 
being manufactured, processed, or used in the employer's workplace, the 
employer must add the new information to a MSDS before the substance is 
reintroduced into the workplace.
    (B) The employer must ensure that persons who will receive the PMN 
substance from the employer, or who have received the PMN substance 
from the employer within 5 years from the date the employer becomes 
aware of the new information described in paragraph (a)(2)(i)(A) of 
this section, are provided an MSDS containing the information required 
under paragraph (a)(2)(i)(A) of this section within 90 days from the 
time the employer becomes aware of the new information.
    (ii) Industrial, commercial, and consumer activities. Requirements 
as specified in Sec.  721.80(k) (a significant new use is any use other 
than as allowed by the section 5(e) consent order which includes 
analysis and reporting and limitations of maximum impurity levels of 
certain fluorinated impurities), (o) (use in a consumer product that 
could be spray applied), (q), and (t).
    (iii) Disposal. Requirements as specified in Sec.  721.85(a)(1) and 
(b)(1) (at a temperature of at least 1,000 degrees C with a minimum 
residence time of 2 seconds).
    (iv) Release to water. Requirements as specified in Sec.  
721.90(a)(1), (b)(1), and (c)(1), except for releases allowed by the 
section 5(e) the consent order.
    (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), (f), (h), (i), (j), and (k) are applicable to 
manufacturers and processors of this substance.
    (2) Limitations or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.
    (3) Determining whether a specific use is subject to this section. 
The provisions of Sec.  721.1725(b)(1) apply to paragraph (a)(2)(ii) of 
this section.

0
7. Add Sec.  [emsp14]721.10698 to subpart E to read as follows:


Sec.  721.10698  Polyfluorinated alkyl halide (generic).

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified generically as 
polyfluorinated alkyl halide (PMN P-11-527) 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) Hazard communication program. A significant new use of this 
substance is any manner or method of manufacture or processing 
associated with any use of this substance without providing risk 
notification as follows:
    (A) If as a result of the test data required under the TSCA section 
5(e) consent order for this substance, the employer becomes aware that 
this substance may present a risk of injury to human health or the 
environment, the employer must incorporate this new information, and 
any information on methods for protecting against such risk, into a 
MSDS as described in Sec.  721.72(c) within 90 days from the time the 
employer becomes aware of the new information. If this substance is not 
being manufactured, processed, or used in the employer's workplace, the 
employer must add the new information to a MSDS before the substance is 
reintroduced into the workplace.
    (B) The employer must ensure that persons who will receive the PMN 
substance from the employer, or who have received the PMN substance 
from the employer within 5 years from the date the employer becomes 
aware of the new information described in paragraph (a)(2)(i)(A) of 
this section, are provided an MSDS containing the information required 
under paragraph (a)(2)(i)(A) of this section within 90 days from the 
time the employer becomes aware of the new information.
    (ii) Industrial, commercial, and consumer activities. Requirements 
as specified in Sec.  721.80(k) (a significant new use is any use other 
than as allowed by the section 5(e) consent order which includes 
analysis and reporting and limitations of maximum impurity levels of 
certain fluorinated impurities), and (o) (use in a consumer product 
that could be spray applied).
    (iii) Disposal. Requirements as specified in Sec.  721.85(a)(1) and 
(b)(1) (at a temperature of at least 1,000 degrees C with a minimum 
residence time of 2 seconds).
    (iv) Release to water. Requirements as specified in Sec.  
721.90(a)(1), (b)(1), and

[[Page 8287]]

(c)(1), except for releases allowed by the section 5(e) the consent 
order.
    (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), (d), (f), (h), (j), and (k) are applicable to 
manufacturers and processors of this substance.
    (2) Limitations or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.
    (3) Determining whether a specific use is subject to this section. 
The provisions of Sec.  721.1725(b)(1) apply to paragraph (a)(2)(ii) of 
this section.

0
8. Add Sec.  721.10699 to subpart E to read as follows:


Sec.  721.10699  Polyfluorinated alkyl thio acrylamide (generic).

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified generically as 
polyfluorinated alkyl thio acrylamide (PMN P-11-529) 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) Hazard communication program. A significant new use of this 
substance is any manner or method of manufacture or processing 
associated with any use of this substance without providing risk 
notification as follows:
    (A) If as a result of the test data required under the TSCA section 
5(e) consent order for this substance, the employer becomes aware that 
this substance may present a risk of injury to human health or the 
environment, the employer must incorporate this new information, and 
any information on methods for protecting against such risk, into a 
MSDS as described in Sec.  721.72(c) within 90 days from the time the 
employer becomes aware of the new information. If this substance is not 
being manufactured, processed, or used in the employer's workplace, the 
employer must add the new information to a MSDS before the substance is 
reintroduced into the workplace.
    (B) The employer must ensure that persons who will receive the PMN 
substance from the employer, or who have received the PMN substance 
from the employer within 5 years from the date the employer becomes 
aware of the new information described in paragraph (a)(2)(i)(A) of 
this section, are provided an MSDS containing the information required 
under paragraph (a)(2)(i)(A) of this section within 90 days from the 
time the employer becomes aware of the new information.
    (ii) Industrial, commercial, and consumer activities. Requirements 
as specified in Sec.  721.80(k) (a significant new use is any use other 
than as allowed by the section 5(e) consent order which includes 
analysis and reporting and limitations of maximum impurity levels of 
certain fluorinated impurities), and (o) (use in a consumer product 
that could be spray applied).
    (iii) Disposal. Requirements as specified in Sec.  721.85(a)(1) and 
(b)(1) (at a temperature of at least 1,000 degrees C with a minimum 
residence time of 2 seconds).
    (iv) Release to water. Requirements as specified in Sec.  
721.90(a)(1), (b)(1), and (c)(1), except for releases allowed by the 
section 5(e) the consent order.
    (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), (d), (f), (h), (j), and (k) are applicable to 
manufacturers and processors of this substance.
    (2) Limitations or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.
    (3) Determining whether a specific use is subject to this section. 
The provisions of Sec.  721.1725(b)(1) apply to paragraph (a)(2)(ii) of 
this section.

0
9. Add Sec.  721.10700 to subpart E to read as follows:


Sec.  721.10700  Polyfluorinated alkyl thio polyacrylamide (generic).

    (a) Chemical substances and significant new uses subject to 
reporting. (1) The chemical substances identified generically as 
polyfluorinated alkyl thio polyacrylamide (PMNs P-11-530 and P-11-533) 
are 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) Hazard communication program. A significant new use of the 
substances is any manner or method of manufacture, or processing 
associated with any use of the substances without providing risk 
notification as follows:
    (A) If as a result of the test data required under the TSCA section 
5(e) consent order for the substances, the employer becomes aware that 
the substances may present a risk of injury to human health or the 
environment, the employer must incorporate this new information, and 
any information on methods for protecting against such risk, into a 
MSDS as described in Sec.  721.72(c) within 90 days from the time the 
employer becomes aware of the new information. If the substance(s) is 
not being manufactured, processed, or used in the employer's workplace, 
the employer must add the new information to a MSDS before the 
substance(s) is reintroduced into the workplace.
    (B) The employer must ensure that persons who will receive the PMN 
substance(s) from the employer, or who have received the PMN 
substance(s) from the employer within 5 years from the date the 
employer becomes aware of the new information described in paragraph 
(a)(2)(i)(A) of this section, are provided an MSDS containing the 
information required under paragraph (a)(2)(i)(A) of this section 
within 90 days from the time the employer becomes aware of the new 
information.
    (ii) Industrial, commercial, and consumer activities. Requirements 
as specified in Sec.  721.80(k) (a significant new use is any use other 
than as allowed by the section 5(e) consent order which includes 
analysis and reporting and limitations of maximum impurity levels of 
certain fluorinated impurities), (o) (use in a consumer product that 
could be spray applied), (q), and (t).
    (iii) Disposal. Requirements as specified in Sec.  721.85(a)(1) and 
(b)(1) (at a temperature of at least 1,000 degrees C with a minimum 
residence time of 2 seconds).
    (iv) Release to water. Requirements as specified in Sec.  
721.90(a)(1), (b)(1), and (c)(1), except for releases allowed by the 
section 5(e) the consent order.
    (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), (d), (f), (h), (j), and (k) are applicable to 
manufacturers and processors of this substance.
    (2) Limitations or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to paragraph (a)(2)(ii) of this 
section.
    (3) Determining whether a specific use is subject to this section. 
The provisions of Sec.  721.1725(b)(1) apply to this section.

0
10. Add Sec.  721.10701 to subpart E to read as follows:


Sec.  721.10701  Polyfluorinated alkyl amine (generic).

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified generically as 
polyfluorinated alkyl amine (PMN P-11-532) is subject to reporting 
under this section for the

[[Page 8288]]

significant new uses described in paragraph (a)(2) of this section.
    (2) The significant new uses are:
    (i) Hazard communication program. A significant new use of this 
substance is any manner or method of manufacture or processing 
associated with any use of this substance without providing risk 
notification as follows:
    (A) If as a result of the test data required under the TSCA section 
5(e) consent order for this substance, the employer becomes aware that 
this substance may present a risk of injury to human health or the 
environment, the employer must incorporate this new information, and 
any information on methods for protecting against such risk, into a 
MSDS as described in Sec.  721.72(c) within 90 days from the time the 
employer becomes aware of the new information. If this substance is not 
being manufactured, processed, or used in the employer's workplace, the 
employer must add the new information to a MSDS before the substance is 
reintroduced into the workplace.
    (B) The employer must ensure that persons who will receive the PMN 
substance from the employer, or who have received the PMN substance 
from the employer within 5 years from the date the employer becomes 
aware of the new information described in paragraph (a)(2)(i)(A) of 
this section, are provided an MSDS containing the information required 
under paragraph (a)(2)(i)(A) of this section within 90 days from the 
time the employer becomes aware of the new information.
    (ii) Industrial, commercial, and consumer activities. Requirements 
as specified in Sec.  721.80(k) (a significant new use is any use other 
than as allowed by the section 5(e) consent order which includes 
analysis and reporting and limitations of maximum impurity levels of 
certain fluorinated impurities), and (o) (use in a consumer product 
that could be spray applied).
    (iii) Disposal. Requirements as specified in Sec.  721.85(a)(1) and 
(b)(1) (at a temperature of at least 1,000 degrees C with a minimum 
residence time of 2 seconds).
    (iv) Release to water. Requirements as specified in Sec.  
721.90(a)(1), (b)(1), and (c)(1), except for releases allowed by the 
section 5(e) the consent order.
    (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), (f), (h), (i), (j), and (k) are applicable to 
manufacturers and processors of this substance.
    (2) Limitations or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.
    (3) Determining whether a specific use is subject to this section. 
The provisions of Sec.  721.1725(b)(1) apply to paragraph (a)(2)(ii) of 
this section.

0
11. Add Sec.  721.10702 to subpart E to read as follows:


Sec.  721.10702  Polyfluorinated alkyl thio polyacrylic acid-acrylamide 
(generic).

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified generically as 
polyfluorinated alkyl thio polyacrylic acid-acrylamide (PMN P-11-534) 
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) Hazard communication program. A significant new use of this 
substance is any manner or method of manufacture, or processing 
associated with any use of this substance without providing risk 
notification as follows:
    (A) If as a result of the test data required under the TSCA section 
5(e) consent order for this substance, the employer becomes aware that 
this substance may present a risk of injury to human health or the 
environment, the employer must incorporate this new information, and 
any information on methods for protecting against such risk, into a 
MSDS as described in Sec.  721.72(c) within 90 days from the time the 
employer becomes aware of the new information. If this substance is not 
being manufactured, processed, or used in the employer's workplace, the 
employer must add the new information to a MSDS before the substance is 
reintroduced into the workplace.
    (B) The employer must ensure that persons who will receive the PMN 
substance from the employer, or who have received the PMN substance 
from the employer within 5 years from the date the employer becomes 
aware of the new information described in paragraph (a)(2)(i)(A) of 
this section, are provided an MSDS containing the information required 
under paragraph (a)(2)(i)(A) of this section within 90 days from the 
time the employer becomes aware of the new information.
    (ii) Industrial, commercial, and consumer activities. Requirements 
as specified in Sec.  721.80(k) (a significant new use is any use other 
than as allowed by the section 5(e) consent order which includes 
analysis and reporting and limitations of maximum impurity levels of 
certain fluorinated impurities), (o) (use in a consumer product that 
could be spray applied), (q), and (t).
    (iii) Disposal. Requirements as specified in Sec.  721.85(a)(1) and 
(b)(1) (at a temperature of at least 1,000 degrees C with a minimum 
residence time of 2 seconds).
    (iv) Release to water. Requirements as specified in Sec.  
721.90(a)(1), (b)(1), and (c)(1), except for releases allowed by the 
section 5(e) the consent order .
    (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), (f), (h), (i), (j), and (k) are applicable to 
manufacturers and processors of this substance.
    (2) Limitations or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.
    (3) Determining whether a specific use is subject to this section. 
The provisions of Sec.  721.1725(b)(1) apply to paragraph (a)(2)(ii) of 
this section.

0
12. Add Sec.  721.10703 to subpart E to read as follows:


Sec.  721.10703  Multi-walled carbon nanotubes (generic).

    (a) Chemical substances and significant new uses subject to 
reporting. (1) The chemical substances identified generically as multi-
walled carbon nanotubes (PMNs P-12-416, P-12-417, P-12-418, and P-12-
419) are subject to reporting under this section for the significant 
new uses described in paragraph (a)(2) of this section. The 
requirements of this section do not apply to quantities of the PMN 
substances that have been completely reacted (cured); incorporated or 
embedded into a polymer matrix that itself has been completely reacted 
(cured); imbedded into a permanent polymer form that is not intended to 
undergo further processing; or incorporated into an article as defined 
at 40 CFR 721.3(c).
    (2) The significant new uses are:
    (i) Protection in the workplace. Requirements as specified in Sec.  
721.63(a)(1), (a)(2)(i), (a)(2)(ii), (a)(3), (a)(4), (National 
Institute of Occupational Safety and Health (NIOSH)-certified air-
purifying, tight-fitting full-face respirator equipped with N-100, or 
P-100, or R-100 filters or power air-purifying particulate respirator), 
(a)(6)(i), and (c). When determining which persons are reasonably 
likely to be exposed as required for Sec.  721.63(a)(1) and (a)(4), 
engineering control measures (e.g., enclosure or confinement of the

[[Page 8289]]

operation, general and local ventilation) or administrative control 
measures (e.g., workplace policies and procedures) shall be considered 
and implemented to prevent exposure, where feasible.
    (ii) Industrial, commercial, and consumer activities. Requirements 
as specified in Sec.  721.80(f), (k) and (q).
    (iii) Release to water. Requirements as specified in Sec.  
721.90(b)(1), and (c)(1).
    (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), (d), (e), (i), and (k) are applicable to 
manufacturers and processors of this substance.
    (2) Limitations or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.
    (3) Determining whether a specific use is subject to this section. 
The provisions of Sec.  721.1725(b)(1) apply to paragraph (a)(2)(ii) of 
this section.

0
13. Add Sec.  721.10704 to subpart E to read as follows:


Sec.  721.10704  Aryl-substituted alkane.

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified generically as an 
aryl-substituted alkane (PMN P-12-548) 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) Protection in the workplace. Requirements as specified in Sec.  
721.63(a)(1), (a)(2)(i), (a)(3), (b) (concentration set at 1.0 
percent), and (c).
    (ii) Hazard communication program. Requirements as specified in 
Sec.  721.72(a), (b), (c), (d), (e) (concentration set at 1.0 percent), 
(f), (g)(1)(iv), (g)(1)(ix), (g)(2)(i), (g)(2)(v), and (g)(3)(ii) and 
(g)(5).
    (iii) Industrial, commercial, and consumer activities. Requirements 
as specified in Sec.  721.80(k) and (q). It is a significant new use to 
conduct testing on the chemical substance to comply with REACH 
(Regulation, Evaluation, Authorization, and Restriction of Chemicals in 
the European Union) without submitting all final reports and the 
underlying data of the testing to EPA no later than 90 days after 
submission of the testing to the European Union.
    (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), (d), (e), (f), (g), (h), and (i) are applicable 
to manufacturers and processors of this substance.
    (2) Limitations or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.
    (3) Determining whether a specific use is subject to this section. 
The provisions of Sec.  721.1725(b)(1) apply to paragraph (a)(2)(iii) 
of this section.

0
14. Add Sec.  721.10705 to subpart E to read as follows:


Sec.  721.10705  Aromatic amine with cyclo amino carbonyls (generic).

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified generically as 
aromatic amine with cyclo amino carbonyls (PMN P-12-572) 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) Protection in the workplace. Requirements as specified in Sec.  
721.63(a)(1), (a)(2)(i), (a)(3), (a)(4), (NIOSH-certified particulate 
respirator with an APF of at least 10), (a)(6)(i), (a)(6)(ii), (b) 
(concentration set 0.1 percent), and (c). When determining which 
persons are reasonably likely to be exposed as required for Sec.  
721.63(a)(4), engineering control measures (e.g., enclosure or 
confinement of the operation, general and local ventilation) or 
administrative control measures (e.g., workplace policies and 
procedures) shall be considered and implemented to prevent exposure, 
where feasible. The following NIOSH-certified respirators with an APF 
of at least 10 meet the requirements of Sec.  721.63(a)(4):
    (A) NIOSH-certified power air-purifying respirator with a hood or 
helmet and with appropriate gas/vapor (acid gas, organic vapor, or 
substance specific) cartridges in combination with high efficiency 
particulate absorption (HEPA) filters.
    (B) NIOSH-certified continuous flow supplied-air respirator 
equipped with a loose fitting face piece, hood, or helmet.
    (C) NIOSH-certified negative pressure (demand) supplied-air 
respirator with a full face piece.
    (ii) Industrial, commercial, and consumer activities. Requirements 
as specified in Sec.  721.80(g).
    (iii) Release to water. Requirements as specified in Sec.  
721.90(a)(4), (b)(4), and (c)(4) (N = 11).
    (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), (d), (e), (i), and (k) are applicable to 
manufacturers and processors of this substance.
    (2) Limitations or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.

0
15. Add Sec.  721.10706 to subpart E to read as follows:


Sec.  721.10706  Infused carbon nanostructures (generic).

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified generically as infused 
carbon nanostructures (PMN P-12-576) 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. A significant new use is any 
manufacturing process other than that described in the premanufacture 
notice (PMN) which includes the incorporation of the PMN substance into 
pellets.
    (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 and 
processors of this substance.
    (2) Limitations or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.
    (3) Determining whether a specific use is subject to this section. 
The provisions of Sec.  721.1725(b)(1) apply to paragraph (a)(2)(i) of 
this section.

0
16. Add Sec.  [emsp14]721.10707 to subpart E to read as follows:


Sec.  [emsp14]721.10707  Substituted benzyl acrylate (generic).

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified as substituted benzyl 
acrylate (PMN P-13-127) 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) Release to water. Requirements as specified in Sec.  
721.90(a)(4), (b)(4), and (c)(4) (N=1).
    (ii) [Reserved]
    (b) Specific requirements. The provisions of subpart A of this part

[[Page 8290]]

apply to this section except as modified by this paragraph.
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.  
721.125(a), (b), (c), and (k) are applicable to manufacturers and 
processors of this substance.
    (2) Limitations or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.

0
17. Add Sec.  [emsp14]721.10708 to subpart E to read as follows:


Sec.  [emsp14]721.10708  Zirconium substituted heteropolycyclic 
(generic).

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified generically as 
zirconium substituted heteropolycyclic (PMN P-13-152) 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) Release to water. Requirements as specified in Sec.  
721.90(a)(4), (b)(4), and (c)(4) (N=10).
    (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 (k) are applicable to manufacturers and 
processors of this substance.
    (2) Limitations or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.
0
18. Add Sec.  [emsp14]721.10709 to subpart E to read as follows:


Sec.  [emsp14]721.10709  Alkylphenol (generic).

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified generically as 
alkylphenol (PMN P-13-168) 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) Release to water. Requirements as specified in Sec.  
721.90(a)(4), (b)(4), and (c)(4) (N=1).
    (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 (k) are applicable to manufacturers and 
processors of this substance.
    (2) Limitations or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.

0
19. Add Sec.  [emsp14]721.10710 to subpart E to read as follows:


Sec.  [emsp14]721.10710  4, 7-Methano-1H-indene, 3a, 4, 7, 7a-
tetrahydro-, polymer with 2-methyl-1, 3-butadiene and 5-(1-
methylethenyl)bicyclo[2.2.1]hept-2-ene.

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified as 4, 7-methano-1H-
indene, 3a, 4, 7, 7a-tetrahydro-, polymer with 2-methyl-1, 3-butadiene 
and 5-(1-methylethenyl)bicyclo[2.2.1]hept-2-ene (PMN P-13-192; CAS No. 
1412159-51-3) 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) Release to water. Requirements as specified in Sec.  
721.90(a)(4), (b)(4), and (c)(4) (N=1).
    (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 (k) are applicable to manufacturers and 
processors of this substance.
    (2) Limitations or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.

0
20. Add Sec.  [emsp14]721.10711 to subpart E to read as follows:


Sec.  [emsp14]721.10711  Alkyl substituted catechol (generic).

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified generically as alkyl 
substituted catechol (PMN P-13-197) 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) Protection in the workplace. Requirements as specified in Sec.  
721.63(a)(1), (a)(2)(i), (a)(3), (a)(4) (NIOSH-certified particulate 
respirator with an APF of at least 1,000), and (c). When determining 
which persons are reasonably likely to be exposed as required for Sec.  
721.63(a)(4), engineering control measures (e.g., enclosure or 
confinement of the operation, general and local ventilation) or 
administrative control measures (e.g., place policies and procedures) 
shall be considered and implemented to prevent exposure, where 
feasible. The following NIOSH-certified respirators with an APF of at 
least 1,000 meet the requirements of Sec.  721.63(a)(4);
    (A) NIOSH-certified continuous flow supplied-air respirator 
equipped with a full face piece.
    (B) NIOSH-certified pressure-demand supplied-air respirator 
equipped with a full face piece.
    (ii) Industrial, commercial, and consumer activities. Requirements 
as specified in Sec.  721.80(g).
    (iii) Release to water. Requirements as specified in Sec.  
721.90(a)(4), (b)(4), and (c)(4) (N=20).
    (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), (d), (e), (i), and (k) are applicable to 
manufacturers and processors of this substance.
    (2) Limitations or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.

0
21. Add Sec.  [emsp14]721.10712 to subpart E to read as follows:


Sec.  [emsp14]721.10712  Antimony tris(dialkyldithiocarbamate) 
(generic).

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified generically as 
antimony tris(dialkyldithiocarbamate) (PMN P-13-217) 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) Release to water. Requirements as specified in Sec.  
721.90(a)(4), (b)(4), and (c)(4) (N=4).
    (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 (k) are applicable to manufacturers and 
processors of this substance.
    (2) Limitations or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.

0
22. Add Sec.  [emsp14]721.10713 to subpart E to read as follows:


Sec.  [emsp14]721.10713  Antimony tris(dialkyldithiocarbamate) 
(generic).

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified generically as 
antimony tris(dialkyldithiocarbamate) (PMN P-

[[Page 8291]]

13-259) 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) Release to water. Requirements as specified in Sec.  
721.90(a)(4), (b)(4), and (c)(4) (N=4).
    (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 (k) are applicable to manufacturers and 
processors of this substance.
    (2) Limitations or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.

0
23. Add Sec.  [emsp14]721.10714 to subpart E to read as follows:


Sec.  [emsp14]721.10714  Zinc bis(dialkyldithiocarbamate) (generic).

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified generically as zinc 
bis(dialkyldithiocarbamate) (PMN P-13-260) 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) Release to water. Requirements as specified in Sec.  
721.90(a)(4), (b)(4), and (c)(4) (N=7).
    (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 (k) are applicable to manufacturers and 
processors of this substance.
    (2) Limitations or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.

0
24. Add Sec.  [emsp14]721.10715 to subpart E to read as follows:


Sec.  [emsp14]721.10715  Carbonic acid, dialkyl ester (generic).

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified generically as 
carbonic acid, dialkyl ester (PMN P-13-346) 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(f), (j), and (s) (100,000 kilograms).
    (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 and 
processors of this substance.
    (2) Limitations or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.

0
25. Add Sec.  [emsp14]721.10716 to subpart E to read as follows:


Sec.  [emsp14]721.10716  Phenol, 2,6-dimethyl-, homopolymer, ether with 
2,2',3,3',5,5'-hexamethyl[1,1'-biphenyl]-4,4'-diol 
(2:1),bis[(ethenylphenyl)methyl] ether.

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified as phenol, 2,6-
dimethyl-, homopolymer, ether with 2,2',3,3',5,5'-hexamethyl[1,1'-
biphenyl]-4,4'-diol (2:1),bis[(ethenylphenyl)methyl] ether (PMN P-13-
355, CAS No. 558452-77-0) 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) Release to water. Requirements as specified in Sec.  
721.90(a)(4), (b)(4), and (c)(4) (N=2).
    (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 (k) are applicable to manufacturers and 
processors of this substance.
    (2) Limitations or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.

0
26. Add Sec.  [emsp14]721.10717 to subpart E to read as follows:


Sec.  [emsp14]721.10717  MDI modified polyalkene glycols (generic).

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified generically as MDI 
modified polyalkene glycols (PMN P-13-365) 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) Protection in the workplace. Requirements as specified in Sec.  
721.63(a)(4), (a)(6)(ii) and (a)(6)(v), and (c). When determining which 
persons are reasonably likely to be exposed as required for Sec.  
721.63(a)(4), engineering control measures (e.g., enclosure or 
confinement of the operation, general and local ventilation) or 
administrative control measures (e.g., workplace policies and 
procedures) shall be considered and implemented to prevent exposure, 
where feasible. The following National Institute for Occupational 
Safety and Health (NIOSH)-certified respirators with an assigned 
protection factor (APF) of at least 10 meet the requirements of Sec.  
721.63(a)(4):
    (A) NIOSH-certified power air-purifying respirator with a hood or 
helmet and with appropriate gas/vapor (acid gas, organic vapor, or 
substance specific) cartridges in combination with HEPA filters.
    (B) NIOSH-certified continuous flow supplied-air respirator 
equipped with a loose fitting facepiece, hood, or helmet.
    (C) NIOSH-certified negative pressure (demand) supplied-air 
respirator with a full facepiece.
    (ii) Industrial, commercial, and consumer activities. Requirements 
as specified in Sec.  721.80(o) and (y)(1).
    (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), (d), and (i) are applicable to manufacturers and 
processors of this substance.
    (2) Limitations or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.

0
27. Add Sec.  [emsp14]721.10718 to subpart E to read as follows:


Sec.  [emsp14]721.10718  Substituted picolinic acid (generic).

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified generically as 
substituted picolinic acid (PMN P-13-374) 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. A significant new use is any use other 
than as a pesticide intermediate.
    (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

[[Page 8292]]

Sec.  721.125(a), (b), (c), and (i) are applicable to manufacturers and 
processors of this substance.
    (2) Limitations or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.

0
28. Add Sec.  [emsp14]721.10719 to subpart E to read as follows:


Sec.  [emsp14]721.10719  Acrylic acid esters polymers, reaction 
products with polyisocyanate (generic).

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified generically as acrylic 
acid esters polymers, reaction products with polyisocyanate (PMN P-13-
392) 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) Protection in the workplace. Requirements as specified in Sec.  
721.63(a)(4), (a)(6)(ii), (a)(6)(v), and (c). When determining which 
persons are reasonably likely to be exposed as required for Sec.  
721.63(a)(4), engineering control measures (e.g., enclosure or 
confinement of the operation, general and local ventilation) or 
administrative control measures (e.g., workplace policies and 
procedures) shall be considered and implemented to prevent exposure, 
where feasible. The following NIOSH-certified respirators with an APF 
of at least 10 meet the requirements of Sec.  721.63(a)(4):
    (A) NIOSH-certified power air-purifying respirator with a hood or 
helmet and with appropriate gas/vapor (acid gas, organic vapor, or 
substance specific) cartridges in combination with HEPA filters.
    (B) NIOSH-certified continuous flow supplied-air respirator 
equipped with a loose fitting face piece, hood, or helmet.
    (C) NIOSH-certified negative pressure (demand) supplied-air 
respirator with a full face piece.
    (ii) Industrial, commercial, and consumer activities. Requirements 
as specified in Sec.  721.80(o).
    (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), (d) and (i) are applicable to manufacturers and 
processors of this substance.
    (2) Limitations or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.
0
29. Add Sec.  [emsp14]721.10720 to subpart E to read as follows:


Sec.  [emsp14]721.10720  1,3-Benzenedicarboxylic acid, polymer with 
1,4-benzenedicarboxylic acid, 1,4-dimethyl 1,4-benzenedicarboxylate, 
2,2-dimethyl-1,3-propanediol,dodecanedioic acid, 1,2-ethanediol, 
hexanedioic acid, 1,6-hexanediol, alkyldiol ester and aromatic 
isocyanate (generic).

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified generically as 1,3-
Benzenedicarboxylic acid, polymer with 1,4-benzenedicarboxylic acid, 
1,4-dimethyl 1,4-benzenedicarboxylate, 2,2-dimethyl-1,3-
propanediol,dodecanedioic acid, 1,2-ethanediol, hexanedioic acid, 1,6-
hexanediol, alkyldiol ester and aromatic isocyanate (PMN P-13-393) 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) Protection in the workplace. Requirements as specified in Sec.  
721.63(a)(4), (a)(6)(ii) and (a)(6)(v), and (c). When determining which 
persons are reasonably likely to be exposed as required for Sec.  
721.63(a)(4), engineering control measures (e.g., enclosure or 
confinement of the operation, general and local ventilation) or 
administrative control measures (e.g., workplace policies and 
procedures) shall be considered and implemented to prevent exposure, 
where feasible. The following National Institute for Occupational 
Safety and Health (NIOSH)-certified respirators with an assigned 
protection factor (APF) of at least 10 meet the requirements of Sec.  
721.63(a)(4):
    (A) NIOSH-certified power air-purifying respirator with a hood or 
helmet and with appropriate gas/vapor (acid gas, organic vapor, or 
substance specific) cartridges in combination with HEPA filters.
    (B) NIOSH-certified continuous flow supplied-air respirator 
equipped with a loose fitting facepiece, hood, or helmet.
    (C) NIOSH-certified negative pressure (demand) supplied-air 
respirator with a full facepiece.
    (ii) Industrial, commercial, and consumer activities. Requirements 
as specified in Sec.  721.80(o) and (y)(1).
    (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), (d), and (i) are applicable to manufacturers and 
processors of this substance.
    (2) Limitations or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.

0
30. Add Sec.  [emsp14]721.10721 to subpart E to read as follows:


Sec.  [emsp14]721.10721  Poly(oxy-1,2-ethanediyl), .alpha.,.alpha.'-
[(1-methylethylidene)di-4,1-phenylene]bis[.omega.-[[6-(2,5-dihydro-2,5-
dioxo-1H-pyrrol-1-yl)-1-oxohexyl]oxy]-.

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified as poly(oxy-1,2-
ethanediyl), .alpha.,.alpha.'-[(1-methylethylidene)di-4,1-
phenylene]bis[.omega.-[[6-(2,5-dihydro-2,5-dioxo-1H-pyrrol-1-yl)-1-
oxohexyl]oxy]- (PMN P-13-455) 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) Release to water. Requirements as specified in Sec.  
721.90(a)(4), (b)(4), and (c)(4) (N=1).
    (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 (k) are applicable to manufacturers and 
processors of this substance.
    (2) Limitations or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.

0
31. Add Sec.  [emsp14]721.10722 to subpart E to read as follows:


Sec.  [emsp14]721.10722  Oxirane,2-[(1-propen-1-yloxy)methyl]-.

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified as oxirane,2-[(1-
propen-1-yloxy)methyl]- (PMN P-13-468; CAS No. 1607-23-4) 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) Protection in the workplace. Requirements as specified in Sec.  
721.63(a)(1), (a)(2)(i), (a)(3), (a)(4), (a)(6)(ii), (a)(6)(v), (b)(1) 
(concentration set at 0.1 percent), and (c). When determining which 
persons are reasonably likely to be exposed as required for Sec.  
721.63(a)(1) and (a)(4), engineering control measures (e.g., enclosure 
or confinement of the operation, general and local ventilation) or 
administrative control measures (e.g., workplace policies and 
procedures) shall be considered and implemented to prevent exposure, 
where feasible. The following NIOSH-certified respirators with an APF 
of at least 10 meet the requirements of Sec.  721.63(a)(4):
    (A) NIOSH-certified power air-purifying respirator with a hood or

[[Page 8293]]

helmet and with appropriate gas/vapor (acid gas, organic vapor, or 
substance specific) cartridges in combination with HEPA filters.
    (B) NIOSH-certified continuous flow supplied-air respirator 
equipped with a loose fitting face piece, hood, or helmet.
    (C) NIOSH-certified negative pressure (demand) supplied-air 
respirator with a full face piece.
    (ii) Industrial, commercial, and consumer activities. Requirements 
as specified in Sec.  721.80(g).
    (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) through (e) and (i) are applicable to manufacturers and 
processors of this substance.
    (2) Limitations or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.

0
32. Add Sec.  [emsp14]721.10723 to subpart E to read as follows:


Sec.  [emsp14]721.10723  Methylene diisocyanate polymer with 
polypropylene glycol and diols (generic).

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified generically as 
methylene diisocyanate polymer with polypropylene glycol and diols (PMN 
P-13-471) 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) Protection in the workplace. Requirements as specified in Sec.  
721.63(a)(4), (a)(6)(i), (a)(6)(ii), (a)(6)(v), and (c). When 
determining which persons are reasonably likely to be exposed as 
required for Sec.  721.63(a)(4), engineering control measures (e.g., 
enclosure or confinement of the operation, general and local 
ventilation) or administrative control measures (e.g., workplace 
policies and procedures) shall be considered and implemented to prevent 
exposure, where feasible. The following NIOSH-certified respirators 
with an APF of at least 10 meet the requirements of Sec.  721.63(a)(4):
    (A) NIOSH-certified power air-purifying respirator with a hood or 
helmet and with appropriate gas/vapor (acid gas, organic vapor, or 
substance specific) cartridges in combination with HEPA filters.
    (B) NIOSH-certified continuous flow supplied-air respirator 
equipped with a loose fitting face piece, hood, or helmet.
    (C) NIOSH-certified negative pressure (demand) supplied-air 
respirator with a full face piece.
    (ii) Industrial, commercial, and consumer activities. Requirements 
as specified in Sec.  721.80(o).
    (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), (d), and (i) are applicable to manufacturers and 
processors of this substance.
    (2) Limitations or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.

0
33. Add Sec.  [emsp14]721.10724 to subpart E to read as follows:


Sec.  [emsp14]721.10724  Oxirane, [[2-(2-ethenyloxy)ethoxy]methyl]-.

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified as oxirane, [[2-(2-
ethenyloxy)ethoxy]methyl]- (PMN P-13-472; CAS No. 16801-19-7) 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) Protection in the workplace. Requirements as specified in Sec.  
721.63(a)(1), (a)(2)(i), (a)(3), (a)(4), (a)(6)(ii), (a)(6)(v), 
(b)(concentration set at 0.1 percent), and (c). When determining which 
persons are reasonably likely to be exposed as required for Sec.  
721.63(a)(1) and (a)(4), engineering control measures (e.g., enclosure 
or confinement of the operation, general and local ventilation) or 
administrative control measures (e.g., workplace policies and 
procedures) shall be considered and implemented to prevent exposure, 
where feasible. The following NIOSH-certified respirators with an APF 
of at least 10 meet the requirements of Sec.  721.63(a)(4):
    (A) NIOSH-certified power air-purifying respirator with a hood or 
helmet and with appropriate gas/vapor (acid gas, organic vapor, or 
substance specific) cartridges in combination with HEPA filters.
    (B) NIOSH-certified continuous flow supplied-air respirator 
equipped with a loose fitting face piece, hood, or helmet.
    (C) NIOSH-certified negative pressure (demand) supplied-air 
respirator with a full face piece.
    (ii) Industrial, commercial, and consumer activities. Requirements 
as specified in Sec.  721.80(g).
    (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) through (e) and (i) are applicable to manufacturers 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. 2014-03079 Filed 2-11-14; 8:45 am]
BILLING CODE 6560-50-P