Significant New Use Rule on Certain Chemical Substances; Technical Correction, 60759-60761 [2014-24027]

Download as PDF Federal Register / Vol. 79, No. 195 / Wednesday, October 8, 2014 / Rules and Regulations any RCRA hazardous waste permits or portions of permits which EPA issued prior to the effective date of this authorization until they expire or are terminated. EPA will not issue any more permits or new portions of permits for the provisions listed in the Table above after the effective date of this authorization. EPA will continue to implement and issue permits for HSWA requirements for which Florida is not authorized. J. How does today’s action affect Indian Country (18 U.S.C. 1151) in Florida? Florida is not authorized to carry out its hazardous waste program in Indian Country within the State, which includes the Seminole Tribe of Florida and the Miccosukee Tribe of Indians of Florida. EPA will continue to implement and administer the RCRA program in these lands. asabaliauskas on DSK5VPTVN1PROD with FRONTMATTER K. What is codification and is EPA codifying Florida’s hazardous waste program as authorized in this rule? Codification is the process of placing the State’s statutes and regulations that comprise the State’s authorized hazardous waste program into the Code of Federal Regulations. EPA does this by referencing the authorized State rules in 40 CFR part 272. EPA is not codifying the authorization of Florida’s changes at this time. However, EPA reserves the amendment of 40 CFR part 272, subpart K, for the authorization of Florida’s program changes at a later date. L. Administrative Requirements The Office of Management and Budget has exempted this action from the requirements of Executive Order 12866 (58 FR 51735, October 4, 1993), and therefore this action is not subject to review by OMB. This action authorizes State requirements for the purpose of RCRA 3006 and imposes no additional requirements beyond those imposed by State law. Accordingly, I certify that this action will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this action authorizes pre-existing requirements under State law and does not impose any additional enforceable duty beyond that required by State law, it does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4). For the same reason, this action also does not significantly or uniquely affect the communities of Tribal governments, as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). This VerDate Sep<11>2014 16:15 Oct 07, 2014 Jkt 232001 action will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999), because it merely authorizes State requirements as part of the State RCRA hazardous waste program without altering the relationship or the distribution of power and responsibilities established by RCRA. This action also is not subject to Executive Order 13045 (62 FR 19885, April 23, 1997), because it is not economically significant and it does not make decisions based on environmental health or safety risks. This rule is not subject to Executive Order 13211, ‘‘Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use’’ (66 FR 28355, May 22, 2001), because it is not a significant regulatory action under Executive Order 12866. Under RCRA 3006(b), EPA grants a State’s application for authorization as long as the State meets the criteria required by RCRA. It would thus be inconsistent with applicable law for EPA, when it reviews a State authorization application, to require the use of any particular voluntary consensus standard in place of another standard that otherwise satisfies the requirements of RCRA. Thus, the requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. As required by section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing this rule, EPA has taken the necessary steps to eliminate drafting errors and ambiguity, minimize potential litigation, and provide a clear legal standard for affected conduct. EPA has complied with Executive Order 12630 (53 FR 8859, March 15, 1988) by examining the takings implications of the rule in accordance with the ‘‘Attorney General’s Supplemental Guidelines for the Evaluation of Risk and Avoidance of Unanticipated Takings’’ issued under the executive order. This rule does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 60759 of the United States. EPA will submit a report containing this document 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 in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). This action will be effective December 8, 2014, unless objections to this authorization are received. List of Subjects in 40 CFR Part 271 Environmental protection, Administrative practice and procedure, Confidential business information, Hazardous waste, Hazardous waste transportation, Indian lands, Intergovernmental relations, Penalties, Reporting and recordkeeping requirements. Authority: This action is issued under the authority of sections 2002(a), 3006, and 7004(b), of the Solid Waste Disposal Act, as amended, 42 U.S.C. 6912(a), 6926, and 6974(b). Dated: August 27, 2014. Heather McTeer Toney, Regional Administrator, Region 4. [FR Doc. 2014–24006 Filed 10–7–14; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 721 [EPA–HQ–OPPT–2012–0727; FRL–9917–25] RIN 2070–AB27 Significant New Use Rule on Certain Chemical Substances; Technical Correction Environmental Protection Agency (EPA). ACTION: Final rule; technical correction. AGENCY: EPA issued final significant new use rules (SNURs) in the Federal Register of September 2, 2014 for 36 chemical substances which were the subject of premanufacture notices (PMNs). For the chemical substance identified generically as diisocyanate terminated polycarbodiimide (PMN P– 04–640), EPA inadvertently omitted the de minimus exemption from the worker protection requirements. Also, for the chemical substance identified generically as hexanedioic acid, polymer with .alpha.-hydro-.omega.hydroxypoly[oxy(methyl-1,2ethanediyl)],1,1′-methylenebis[4isocyanatobenzene], dihydroxydialkyl SUMMARY: E:\FR\FM\08OCR1.SGM 08OCR1 60760 Federal Register / Vol. 79, No. 195 / Wednesday, October 8, 2014 / Rules and Regulations ether and dialkanol ether (PMN P–11– 311) a typographical error in the PMN number has been identified. The amendments in this document are being issued to correct the omission and the typographical error. DATES: This technical correction is effective November 3, 2014. ADDRESSES: The docket for this action, identified by docket identification (ID) number EPA–HQ–OPPT–2012–0727, is available at http://www.regulations.gov or at the Office of Pollution Prevention and Toxics Docket (OPPT Docket), Environmental Protection Agency Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 1301 Constitution Ave. NW., Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566–1744, and the telephone number for the OPPT Docket is (202) 566–0280. Please review the visitor instructions and additional information about the docket available at http://www.epa.gov/dockets. FOR FURTHER INFORMATION CONTACT: For technical information contact: Jim Alwood, Chemical Control Division (7405M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460–0001; telephone number: (202) 564–8974; email address: alwood.jim@epa.gov. For general information contact: The TSCA-Hotline, ABVI-Goodwill, 422 South Clinton Ave., Rochester, NY 14620; telephone number: (202) 554– 1404; email address: TSCA-Hotline@ epa.gov. SUPPLEMENTARY INFORMATION: asabaliauskas on DSK5VPTVN1PROD with FRONTMATTER I. Does this action apply to me? The Agency included in the September 2, 2014 final rule a list of those who may be potentially affected by this action. II. What does this technical correction do? EPA issued a final rule in the Federal Register of September 2, 2014 (79 FR 51899) (FRL–9914–19) for significant new uses for 36 chemical substances that were the subject of PMN notices. EPA omitted the de minimus exemption of 1.0% from the worker protection requirements for § 721.10643. EPA also erroneously identified the chemical substance in the regulatory text for § 721.10653 as being submitted with PMN P–09–311. The correct number should be PMN P–11–311. This action corrects the omission and the typographical error. VerDate Sep<11>2014 16:15 Oct 07, 2014 Jkt 232001 III. Why is this correction issued as a final rule? Authority: 15 U.S.C. 2604, 2607, and 2625(c). Section 553 of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)(3)(B)) provides that, when an Agency for good cause finds that notice and public procedure are impracticable, unnecessary or contrary to the public interest, the Agency may issue a final rule without providing notice and an opportunity for public comment. EPA has determined that there is good cause for making this technical correction final without prior proposal and opportunity for comment. In Unit V. of the September 2, 2014 final rule containing EPA’s response to comments, EPA stated in the response to comment 10 that it would include a de minimus exemption of 1.0% from the worker protection requirements for § 721.10643. The typographic error of P–09–311 only appears in the regulatory text for § 721.10653. In the proposed rule and the preamble to the final rule EPA properly identified the chemical substance subject to § 721.10653 as being submitted with P–11–309, thereby making clear the intention of the Agency in promulgating the rule. EPA finds that this constitutes good cause under 5 U.S.C. 553(b)(3)(B). ■ IV. Do any of the statutory and executive order reviews apply to this action? No. For a detailed discussion concerning the statutory and executive order review, refer to Unit X. of the September 2, 2014 final rule. V. Congressional Review Act Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.), EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). List of Subjects in 40 CFR Part 721 Environmental protection, Chemicals, Hazardous substances, Reporting and recordkeeping requirements. Dated: October 2, 2014. Maria J. Doa, Director, Chemical Control Division, Office of Pollution Prevention and Toxics. Therefore, 40 CFR part 721 is amended as follows: PART 721—[AMENDED] 1. The authority citation for part 721 continues to read as follows: ■ PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 2. In § 721.10643, revise paragraph (a)(2)(i) to read as follows: § 721.10643 Diisocyanate terminated polycarbodiimide (generic). (a) * * * (2) * * * (i) Protection in the workplace. Requirements as specified in § 721.63(a)(1), (a)(3), (a)(4), (a)(6)(ii), and (b) (concentration set at 1.0 percent). When determining which persons are reasonably likely to be exposed as required for § 721.63(a)(1) and (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 or reduce exposure, where feasible. A National Institute for Occupational Safety and Health (NIOSH)-certified supplied-air respirator operated in pressure demand or other positive pressure mode and equipped with a tight-fitting full facepiece with an assigned protection factor (APF) of at least 2,000 meets the minimum requirements of § 721.63(a)(4). As an alternative to the respiratory requirements listed here, a manufacturer, importer, or processor may choose to follow the new chemical exposure limit (NCEL) provisions listed in the TSCA section 5(e) consent order for this substance. The NCEL is 0.05 mg/ m3. Persons whose § 721.30 requests to use the NCELs approach are approved by EPA will receive NCELs provisions comparable to those contained in the corresponding section 5(e) consent order. * * * * * ■ 3. In § 721.10653, revise paragraph (a)(1) to read as follows: § 721.10653 Hexanedioic acid, polymer with .alpha.-hydro-.omega.hydroxypoly[oxy(methyl-1,2ethanediyl)],1,1′-methylenebis[4isocyanatobenzene], dihydroxydialkyl ether and dialkanol ether (generic). (a) * * * (1) The chemical substance identified generically as hexanedioic acid, polymer with .alpha.-hydro-.omega.hydroxypoly[oxy(methyl-1,2ethanediyl)],1,1′-methylenebis[4isocyanatobenzene], dihydroxydialkyl ether and dialkanol ether (PMN P–11– 311) is subject to reporting under this section for the significant new uses E:\FR\FM\08OCR1.SGM 08OCR1 Federal Register / Vol. 79, No. 195 / Wednesday, October 8, 2014 / Rules and Regulations described in paragraph (a)(2) of this section. * * * * * [FR Doc. 2014–24027 Filed 10–7–14; 8:45 am] asabaliauskas on DSK5VPTVN1PROD with FRONTMATTER BILLING CODE 6560–50–P VerDate Sep<11>2014 16:15 Oct 07, 2014 Jkt 232001 PO 00000 Frm 00023 Fmt 4700 Sfmt 9990 E:\FR\FM\08OCR1.SGM 08OCR1 60761

Agencies

[Federal Register Volume 79, Number 195 (Wednesday, October 8, 2014)]
[Rules and Regulations]
[Pages 60759-60761]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-24027]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 721

[EPA-HQ-OPPT-2012-0727; FRL-9917-25]
RIN 2070-AB27


Significant New Use Rule on Certain Chemical Substances; 
Technical Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; technical correction.

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SUMMARY: EPA issued final significant new use rules (SNURs) in the 
Federal Register of September 2, 2014 for 36 chemical substances which 
were the subject of premanufacture notices (PMNs). For the chemical 
substance identified generically as diisocyanate terminated 
polycarbodiimide (PMN P-04-640), EPA inadvertently omitted the de 
minimus exemption from the worker protection requirements. Also, for 
the chemical substance identified generically as hexanedioic acid, 
polymer with .alpha.-hydro-.omega.- hydroxypoly[oxy(methyl-1,2-
ethanediyl)],1,1'-methylenebis[4-isocyanatobenzene], dihydroxydialkyl

[[Page 60760]]

ether and dialkanol ether (PMN P-11-311) a typographical error in the 
PMN number has been identified. The amendments in this document are 
being issued to correct the omission and the typographical error.

DATES: This technical correction is effective November 3, 2014.

ADDRESSES: The docket for this action, identified by docket 
identification (ID) number EPA-HQ-OPPT-2012-0727, is available at 
http://www.regulations.gov or at the Office of Pollution Prevention and 
Toxics Docket (OPPT Docket), Environmental Protection Agency Docket 
Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 1301 
Constitution Ave. NW., Washington, DC. The Public Reading Room is open 
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal 
holidays. The telephone number for the Public Reading Room is (202) 
566-1744, and the telephone number for the OPPT Docket is (202) 566-
0280. Please review the visitor instructions and additional information 
about the docket available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: For technical information contact: Jim 
Alwood, Chemical Control Division (7405M), Office of Pollution 
Prevention and Toxics, Environmental Protection Agency, 1200 
Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number: 
(202) 564-8974; email address: alwood.jim@epa.gov.
    For general information contact: The TSCA-Hotline, ABVI-Goodwill, 
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202) 
554-1404; email address: TSCA-Hotline@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Does this action apply to me?

    The Agency included in the September 2, 2014 final rule a list of 
those who may be potentially affected by this action.

II. What does this technical correction do?

    EPA issued a final rule in the Federal Register of September 2, 
2014 (79 FR 51899) (FRL-9914-19) for significant new uses for 36 
chemical substances that were the subject of PMN notices. EPA omitted 
the de minimus exemption of 1.0% from the worker protection 
requirements for Sec.  721.10643. EPA also erroneously identified the 
chemical substance in the regulatory text for Sec.  721.10653 as being 
submitted with PMN P-09-311. The correct number should be PMN P-11-311. 
This action corrects the omission and the typographical error.

III. Why is this correction issued as a final rule?

    Section 553 of the Administrative Procedure Act (APA) (5 U.S.C. 
553(b)(3)(B)) provides that, when an Agency for good cause finds that 
notice and public procedure are impracticable, unnecessary or contrary 
to the public interest, the Agency may issue a final rule without 
providing notice and an opportunity for public comment. EPA has 
determined that there is good cause for making this technical 
correction final without prior proposal and opportunity for comment. In 
Unit V. of the September 2, 2014 final rule containing EPA's response 
to comments, EPA stated in the response to comment 10 that it would 
include a de minimus exemption of 1.0% from the worker protection 
requirements for Sec.  721.10643. The typographic error of P-09-311 
only appears in the regulatory text for Sec.  721.10653. In the 
proposed rule and the preamble to the final rule EPA properly 
identified the chemical substance subject to Sec.  721.10653 as being 
submitted with P-11-309, thereby making clear the intention of the 
Agency in promulgating the rule. EPA finds that this constitutes good 
cause under 5 U.S.C. 553(b)(3)(B).

IV. Do any of the statutory and executive order reviews apply to this 
action?

    No. For a detailed discussion concerning the statutory and 
executive order review, refer to Unit X. of the September 2, 2014 final 
rule.

V. Congressional Review Act

    Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.), 
EPA will submit a report containing this rule and other required 
information to the U.S. Senate, the U.S. House of Representatives, and 
the Comptroller General of the United States prior to publication of 
the rule in the Federal Register. This action is not a ``major rule'' 
as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 721

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

    Dated: October 2, 2014.
Maria J. Doa,
Director, Chemical Control Division, Office of Pollution Prevention and 
Toxics.

    Therefore, 40 CFR part 721 is amended as follows:

PART 721--[AMENDED]

0
1. The authority citation for part 721 continues to read as follows:

    Authority: 15 U.S.C. 2604, 2607, and 2625(c).


0
2. In Sec.  721.10643, revise paragraph (a)(2)(i) to read as follows:


Sec.  [emsp14]721.10643  Diisocyanate terminated polycarbodiimide 
(generic).

    (a) * * *
    (2) * * *
    (i) Protection in the workplace. Requirements as specified in Sec.  
721.63(a)(1), (a)(3), (a)(4), (a)(6)(ii), and (b) (concentration set at 
1.0 percent). When determining which persons are reasonably likely to 
be exposed as required for Sec.  721.63(a)(1) and (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 or reduce exposure, where feasible. A National 
Institute for Occupational Safety and Health (NIOSH)-certified 
supplied-air respirator operated in pressure demand or other positive 
pressure mode and equipped with a tight-fitting full facepiece with an 
assigned protection factor (APF) of at least 2,000 meets the minimum 
requirements of Sec.  721.63(a)(4). As an alternative to the 
respiratory requirements listed here, a manufacturer, importer, or 
processor may choose to follow the new chemical exposure limit (NCEL) 
provisions listed in the TSCA section 5(e) consent order for this 
substance. The NCEL is 0.05 mg/m\3\. Persons whose Sec.  721.30 
requests to use the NCELs approach are approved by EPA will receive 
NCELs provisions comparable to those contained in the corresponding 
section 5(e) consent order.
* * * * *
0
3. In Sec.  [emsp14]721.10653, revise paragraph (a)(1) to read as 
follows:


Sec.  [emsp14]721.10653  Hexanedioic acid, polymer with .alpha.-
hydro-.omega.-hydroxypoly[oxy(methyl-1,2-ethanediyl)],1,1'-
methylenebis[4-isocyanatobenzene], dihydroxydialkyl ether and dialkanol 
ether (generic).

    (a) * * *
    (1) The chemical substance identified generically as hexanedioic 
acid, polymer with .alpha.-hydro-.omega.-hydroxypoly[oxy(methyl-1,2-
ethanediyl)],1,1'-methylenebis[4-isocyanatobenzene], dihydroxydialkyl 
ether and dialkanol ether (PMN P-11-311) is subject to reporting under 
this section for the significant new uses

[[Page 60761]]

described in paragraph (a)(2) of this section.
* * * * *
[FR Doc. 2014-24027 Filed 10-7-14; 8:45 am]
BILLING CODE 6560-50-P