Significant New Use Rules on Certain Chemical Substances, 32003-32017 [2015-13670]
Download as PDF
32003
Federal Register / Vol. 80, No. 108 / Friday, June 5, 2015 / Rules and Regulations
TABLE ONE
Vessel
No.
Distance in
meters of forward
masthead light
below minimum
required height.
§ 2(a)(i) annex I
*
*
*
*
*
USS DETROIT ...............................................................................................................................................
*
LCS 7
*
6.80
*
*
*
*
*
*
*
*
*
*
*
*
TABLE FIVE
Vessel
No.
*
*
USS DETROIT .............................
LCS 7
*
*
*
*
*
*
Approved: May 13, 2015.
A.B. Fischer,
Captain, JAGC, U.S. Navy, Deputy Assistant
Judge Advocate, General (Admiralty and
Maritime Law).
Dated: May 27, 2015.
P.A. Richelmi,
Lieutenant, Judge Advocate General’s Corps,
U.S. Navy, Alternate Federal Register Liaison
Officer.
[FR Doc. 2015–13754 Filed 6–4–15; 8:45 am]
BILLING CODE 3810–FF–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 9 and 721
[EPA–HQ–OPPT–2015–0220; FRL–9927–67]
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 22 chemical substances
which were the subject of
premanufacture notices (PMNs). Two of
these chemical substances are subject to
TSCA section 5(e) consent orders issued
by EPA. This action requires persons
SUMMARY:
mstockstill on DSK4VPTVN1PROD with RULES
Masthead lights
not over all
other lights
and obstructions.
annex I, sec. 2(f)
VerDate Sep<11>2014
17:17 Jun 04, 2015
Jkt 235001
Forward masthead
light not in
forward quarter
of ship. annex I,
sec. 3(a)
*
..................................
X
*
who intend to manufacture (including
import) or process any of these 22
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 August
4, 2015. For purposes of judicial review,
this rule shall be promulgated at 1 p.m.
(e.s.t.) on June 19, 2015.
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 July 6, 2015 (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 July 6,
2015, 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–2015–0220, by
one of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
PO 00000
After masthead
light less than
⁄ ship’s length aft
of forward
masthead light.
annex I, sec. 3(a)
Frm 00033
Fmt 4700
Sfmt 4700
12
Percentage
horizontal
separation
attained
*
X
*
23.0
Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute.
• 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: To make special
arrangements for hand delivery or
delivery of boxed information, please
follow the instructions at https://
www.epa.gov/dockets/contacts.html.
Additional instructions on
commenting or visiting the docket,
along with more information about
dockets generally, is available at
https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
For technical information contact:
Kenneth Moss, Chemical Control
Division (7405M), Office of Pollution
Prevention and Toxics, Environmental
Protection Agency, 1200 Pennsylvania
Ave. NW., Washington, DC 20460–0001;
telephone number: (202) 564–9232;
email address: moss.kenneth@epa.gov.
For general information contact: The
TSCA-Hotline, ABVI-Goodwill, 422
South Clinton Ave., Rochester, NY
14620; telephone number: (202) 554–
1404; email address: TSCA-Hotline@
epa.gov.
SUPPLEMENTARY INFORMATION:
E:\FR\FM\05JNR1.SGM
05JNR1
32004
Federal Register / Vol. 80, No. 108 / Friday, June 5, 2015 / Rules and Regulations
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 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 a proposed or final
rule 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.
mstockstill on DSK4VPTVN1PROD with RULES
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.
VerDate Sep<11>2014
17:17 Jun 04, 2015
Jkt 235001
2. Tips for preparing your comments.
When preparing and submitting your
comments, see the commenting tips at
https://www.epa.gov/dockets/
comments.html.
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)
(FRL–3658–5). 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
§ 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
PO 00000
Frm 00034
Fmt 4700
Sfmt 4700
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,
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 22 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
22 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 (assigned for nonconfidential chemical identities).
• Basis for the TSCA section 5(e)
consent order or, the basis for the TSCA
non-section 5(e) SNURs (i.e., SNURs
without TSCA section 5(e) consent
orders).
• Tests recommended by EPA to
provide sufficient information to
E:\FR\FM\05JNR1.SGM
05JNR1
mstockstill on DSK4VPTVN1PROD with RULES
Federal Register / Vol. 80, No. 108 / Friday, June 5, 2015 / Rules and Regulations
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 2 PMN substances
(P–13–930 and P–14–763) 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 ‘‘TSCA
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 TSCA
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 20
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 ‘‘TSCA 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 TSCA nonsection 5(e) SNURs issued under
§ 721.170 satisfies the two requirements
stipulated in § 721.170(c)(2), i.e., these
significant new use activities 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 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.
VerDate Sep<11>2014
17:17 Jun 04, 2015
Jkt 235001
PMN Number P–11–549
Chemical name: 2-Butene, 1,1,1,4,4,4hexafluoro-, (2Z)-.
CAS number: 692–49–9.
Basis for action: The PMN states that
the generic (non-confidential) use of the
substance will be as a heat transfer
fluid. Based on test data on the PMN
substance as well as structure activity
relationship (SAR) analysis of analogous
small fluorinated compounds, EPA
identified concerns for cardiac
sensitization, developmental toxicity,
neurotoxicity, reproductive toxicity and
oncogenicity from inhalation exposures
to the PMN substance. As described in
the PMN, occupational exposures are
expected to be minimal due to no
domestic manufacture and consumer
exposure is not expected due to no use
of the substance in a consumer product.
Therefore, EPA has not determined that
the proposed processing or use of the
substance may present an unreasonable
risk. EPA has determined, however, that
any domestic manufacture, any use
other than as described in the PMN, or
any 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)(3)(i) and
(b)(3)(ii).
Recommended testing: EPA has
determined that inhalation monitoring
data, collected according to the EPA
draft Inhalation Monitoring Data
Collection Guidelines (located in the
docket under docket ID number EPA–
HQ–OPPT–2015–0220) would help
characterize the human health effects of
the PMN substance.
CFR citation: 40 CFR 721.10830.
PMN Number P–13–690
Chemical name: Aluminum
phosphate (generic).
CAS number: Claimed confidential.
Basis for action: The PMN states that
the substance will be used as a flame
retardant for industrial plastics. Based
on SAR analysis of test data on
analogous respirable, poorly soluble
particulates, EPA identified concerns for
lung effects, blood toxicity,
hypersensitivity, developmental
neurotoxicity, and immunotoxicity from
inhalation exposures to the PMN
substance. Further, based on ecological
SAR analysis of test data on analogous
aluminum salts, EPA predicts toxicity to
aquatic organisms may occur at
concentrations that exceed 87 parts per
billion (ppb) of the PMN substance in
surface waters. As described in the
PMN, occupational exposures are
expected to be minimal due to use of
respiratory protection, and releases of
PO 00000
Frm 00035
Fmt 4700
Sfmt 4700
32005
the substance are not expected to result
in surface water concentrations that
exceed 87 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 without
the use of National Institute of
Occupational Safety and Health
(NIOSH)-certified respirator with an
assigned protection factor (APF) of at
least 10, where inhalation exposures are
expected, or any use of the substance
resulting in surface water
concentrations exceeding 87 ppb may
cause serious human health effects and
significant adverse environmental
effects. Based on this information, the
PMN substance meets the concern
criteria at 40 CFR 721.170(b)(3)(ii) and
(b)(4)(ii).
Recommended testing: EPA has
determined that the results of a 90-day
inhalation toxicity test (OPPTS Test
Guideline 870.3465 or Organisation for
Economic Co-operation and
Development (OECD) Test Guideline
413); a fish early-life stage toxicity test
(OPPTS Test Guideline 850.1400); a
daphnid chronic toxicity test (OPPTS
Test Guideline 850.1300); and an algal
toxicity test (Office of Chemical Safety
and Pollution Prevention (OCSPP) Test
Guideline 850.4500) would help
characterize the human health and
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 consulted to facilitate solubility of
the PMN substance in the test media.
CFR citation: 40 CFR 721.10831.
PMN Number P–13–872
Chemical name: Alkyl triazine
(generic).
CAS number: Claimed confidential.
Basis for action: The PMN states that
the substance will be used in the
removal of hydrogen sulfide. Based on
test data on the PMN substance, as well
as ecological SAR analysis of test data
on analogous aliphatic amines, EPA
predicts toxicity to aquatic organisms
may occur at concentrations that exceed
130 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 130 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 130 ppb may
E:\FR\FM\05JNR1.SGM
05JNR1
32006
Federal Register / Vol. 80, No. 108 / Friday, June 5, 2015 / Rules and Regulations
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) 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 721.10832.
mstockstill on DSK4VPTVN1PROD with RULES
PMN Number P–13–930
Chemical name: Substituted bis 2,6xylenol (generic).
CAS number: Claimed confidential.
Effective date of TSCA section 5(e)
consent order: December 10, 2014.
Basis for TSCA section 5(e) consent
order: The PMN states that the generic
(non-confidential) use of the substance
will be as a reactant in polymerization
reactions. Based on SAR analysis of test
data on structurally similar substances,
EPA identified concerns for liver,
kidney and developmental toxicity;
blood effects, sensitization, and
endocrine disruption. Further, based on
test data on the PMN substance, EPA
predicts toxicity to aquatic organisms at
concentrations that exceed 6 ppb of the
PMN substance in surface waters. The
order was issued under TSCA sections
5(e)(1)(A)(i) and 5(e)(1)(A)(ii)(I), based
on a finding that the substance may
present an unreasonable risk of injury to
the environment and human health, and
there may be significant (or substantial)
human exposure to the substance. To
protect against these exposures and
risks, the consent order requires:
1. Use of personal protective
equipment involving impervious gloves
and protective clothing (where there is
a potential for dermal exposure) and a
NIOSH-certified respirator with an APF
of at least 50 (where there is a potential
for inhalation exposure).
2. Establishment and use of a hazard
communication program, including
human health, environmental hazard
precautionary statements on each label
and the MSDS.
3. Manufacturing, processing, or use
of the PMN substance only as an
intermediate.
4. Submission of certain toxicity
testing prior to exceeding the
confidential production volume limits
of the PMN substance specified in the
consent order.
5. No predictable or purposeful
release of the PMN substance from
manufacturing, processing or use into
the waters of the United States that
VerDate Sep<11>2014
17:17 Jun 04, 2015
Jkt 235001
result in surface water concentrations
exceeding 6 ppb.
The SNUR designates as a ‘‘significant
new use’’ the absence of these protective
measures.
Recommended testing: EPA has
determined that the results of certain
toxicity testing, identified in the TSCA
5(e) consent order would help
characterize possible effects of the
substance. The submitter has agreed not
to exceed the first confidential volume
limit without performing an aromatase
(human recombinant) test (OCSPP Test
Guideline 890.1200) and a
steroidogenesis (human cell line-H295R)
test (OCSPP Test Guideline 890.1550 or
OECD Test Guideline 456). Further, the
Order prohibits the Company from
exceeding the second confidential
production volume limit unless the
Company submits the Tier 2 testing
described in the Testing section of this
Order in accordance with the conditions
specified in the Testing section.
CFR citation: 40 CFR 721.10833.
PMN Number P–14–20
Chemical name: Heteropolycyclic
diacrylate (generic).
CAS number: Claimed confidential.
Basis for action: The PMN states that
the generic (non-confidential) use of the
substance will be as a coating resin.
Based on test data on the PMN, EPA
identified concerns for dermal and
ocular irritation, and systemic toxicity
from the dermal, ocular, and oral routes.
Further, based on ecological SAR
analysis of test data on analogous
acrylates, EPA predicts toxicity to
aquatic organisms may occur at
concentrations that exceed 120 ppb of
the PMN substance in surface waters. As
described in the PMN, occupational
exposures are expected to be minimal
due to the use of impervious gloves,
goggles, and a NIOSH-certified
particulate respirator with an APF of at
least 10. Further, releases of the
substance are not expected to result in
surface water concentrations that exceed
120 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 without the use
of impervious gloves and goggles, when
there is a potential dermal exposure;
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;
or any use of the substance resulting in
surface water concentrations exceeding
120 ppb may cause serious health
effects and significant adverse
environmental effects. Based on this
PO 00000
Frm 00036
Fmt 4700
Sfmt 4700
information, the PMN substance meets
the concern criteria at § 721.170(b)(3)(i)
and (b)(4)(ii).
Recommended testing: EPA has
determined that the results of a
combined repeated dose toxicity with
the reproduction/developmental
toxicity screening test (OPPTS Test
Guideline 870.3650); a fish early-life
stage toxicity test (OPPTS Test
Guideline 850.1400); a daphnid chronic
toxicity test (OPPTS Test Guideline
850.1300); and an algal toxicity test
(OCSPP Test Guideline 850.4500) would
help characterize the human health and
environmental effects of the PMN
substance.
CFR citation: 40 CFR 721.10834.
PMN Number P–14–66
Chemical name: 1,6-Hexanediamine,
N1-(6-aminohexyl)-, polymer with 2(chloromethyl)oxirane, N(dithiocarboxy) derivs., sodium salts.
CAS number: 1459738–70–5.
Basis for action: The PMN states that
the substance will be used as a water
clarifier intermediate. Based on
ecological SAR analysis of test data on
analogous dithiocarbamates, 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 that results 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 mysid
acute toxicity test (OCSPP Test
Guideline 850.1035); a fish acute
toxicity test, freshwater and marine
(OPPTS Test Guideline 850.1075); an
acute invertebrate toxicity test,
freshwater daphnids (OPPTS Test
Guideline 850.1010); and an algal
toxicity test (OCSPP Test Guideline
850.4500) would help characterize the
environmental effects of the PMN
substance.
CFR citation: 40 CFR 721.10835.
PMN Number P–14–209
Chemical name: Dimethylaminoalkyl
alkene amide (generic).
CAS number: Claimed confidential.
E:\FR\FM\05JNR1.SGM
05JNR1
Federal Register / Vol. 80, No. 108 / Friday, June 5, 2015 / Rules and Regulations
mstockstill on DSK4VPTVN1PROD with RULES
Basis for action: The PMN states that
the generic (non-confidential) use of the
substance will be as an adjuvant for
non-Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA)-regulated
agricultural use products, an additive
for pesticide formulations, and an
additive for fertilizer formulations.
Based on test data on the PMN
substance, as well as ecological SAR
analysis of test data on analogous
amides and aliphatic amines, EPA
predicts chronic toxicity to aquatic
organisms may occur at concentrations
that exceed 4 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 the
use described in the PMN. For the uses
described in the PMN, environmental
releases did not exceed the
concentration of concern for more than
20 days per year. 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
use of the substance other than as
described in the PMN may cause
significant adverse environmental
effects. Based on this information, the
PMN substances meet 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) 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 721.10836.
PMN Number P–14–452
Chemical name: Substituted
naphthalene polymer glycidyl ether
(generic).
CAS number: Claimed confidential.
Basis for action: The PMN states that
the generic (non-confidential) uses of
the substance will be as a matrix resin
for composite materials and a binder
resin for electronic materials. Based on
ecological SAR analysis of test data on
analogous polyepoxides, 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
VerDate Sep<11>2014
17:17 Jun 04, 2015
Jkt 235001
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 fish
early-life stage toxicity test (OPPTS Test
Guideline 850.1400); a daphnid chronic
toxicity test (OPPTS Test Guideline
850.1300); and an algal toxicity test
(OCSPP Test Guideline 850.4500) would
help characterize the environmental
effects of the PMN substance.
CFR citation: 40 CFR 721.10837.
PMN Number P–14–473
Chemical name: Alkylpolycarboxylic
acid, derivative,
tris(fluorinatedalkoxy)alkyl ester salt
(generic).
CAS number: Claimed confidential.
Basis for action: The PMN states that
the generic (non-confidential) use of the
substance will be for coatings and
printing applications. Based on
ecological SAR analysis of test data on
analogous anionic surfactants, EPA
predicts toxicity to aquatic organisms
may occur at concentrations that exceed
6 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 6 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 6 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 water
solubility study (OECD Test Guideline
105); a fish acute toxicity test,
freshwater and marine (OPPTS Test
Guideline 850.1075); 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 721.10838.
PO 00000
Frm 00037
Fmt 4700
Sfmt 4700
32007
PMN Number P–14–476
Chemical name:
Tricyclo[3.3.1.13,7]decan-1-amine, N,Ndimethyl-.
CAS number: 3717–40–6.
Basis for action: The PMN states that
the generic (non-confidential) use of the
substance will be as an isolated
intermediate. Based on ecological SAR
analysis of test data on analogous
aliphatic amines, EPA predicts toxicity
to aquatic organisms may occur at
concentrations that exceed 8 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
8 ppb. Therefore, EPA has not
determined that the proposed
manufacturing, processing, or use of the
substance may present an unreasonable
risk. EPA has determined that any use
of the substance resulting in surface
water concentrations exceeding 8 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); a daphnid chronic
toxicity test (OPPTS Test Guideline
850.1300); and an algal toxicity test
(OCSPP Test Guideline 850.4500) would
help characterize the environmental
effects of the PMN substance.
CFR citation: 40 CFR 721.10839.
PMN Number P–14–510
Chemical name: Sulfosuccinic acid
ester, alkylamine derivs., sodium salt
(generic).
CAS number: Claimed confidential.
Basis for action: The PMN states that
the generic (non-confidential) use of the
substance will be as an industrial
leather softener. Based on test data on
the PMN substance as well as SAR
analysis of test data on analogous
anionic surfactants, EPA predicts
toxicity to aquatic organisms may occur
at concentrations that exceed 94 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
94 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
94 ppb may cause significant adverse
environmental effects. Based on this
information, the PMN substance meets
E:\FR\FM\05JNR1.SGM
05JNR1
32008
Federal Register / Vol. 80, No. 108 / Friday, June 5, 2015 / Rules and Regulations
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) 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 721.10840.
mstockstill on DSK4VPTVN1PROD with RULES
PMN Number P–14–603
Chemical name: Bismuth nitrate
oxide (Bi3(NO3)O4).
CAS number: 1417164–49–8.
Basis for action: The PMN states that
the generic (non-confidential) use of the
substance will be as a proprietary
degradation inhibitor additive in
polymer-based insulation sheets. Based
on test data on analogous respirable,
poorly soluble particulates, EPA
identified concerns for lung effects from
inhalation exposures to the PMN
substance. For the use described in the
PMN, significant inhalation exposures
are not expected. 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
listed in the PMN, or without
respiratory protection, 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 90-day
inhalation toxicity study with a 60-day
holding period (OPPTS Test Guideline
870.3465) would help characterize the
human health effects of the PMN
substance.
CFR citation: 40 CFR 721.10841.
PMN Number P–14–605
Chemical name: Substituted
cyclosiloxane (generic).
CAS number: Claimed confidential.
Basis for action: The PMN states that
the use of the substance will be as a
refractive index modifier component for
light-emitting diode (LED) chips. Based
on the physical/chemical properties of
the PMN substance (as described in the
New Chemical Program’s PBT category
at 64 FR 60194; November 4, 1999) and
test data on structurally similar
substances, the PMN substance is a
potentially persistent, bioaccumulative,
and toxic (PBT) chemical. EPA
estimates that the PMN substance will
persist in the environment more than 2
months and estimates a
bioaccumulation factor of greater than
or equal to 1,000. As described in the
VerDate Sep<11>2014
17:17 Jun 04, 2015
Jkt 235001
PMN notice, the PMN substance will
not be released to water. 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
described in the PMN or resulting in
releases to water 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)(3)(ii), (b)(4)(ii), and
(b)(4)(iii).
Recommended testing: EPA has
determined that the results of a partition
coefficient (n-octanol/water) test,
estimation by liquid chromatography
(OPPTS Test Guideline 830.7570 or
OECD Test Guideline 117); a ready
biodegradability test (OPPTS Test
Guideline 835.3110 or OECD Test
Guideline 301); a fish bioconcentration
factor (BCF) test (OPPTS Test Guideline
850.1730 or (OECD Test Guideline 305);
and a water solubility test (OECD Test
Guideline 111) would help characterize
the health and environmental effects of
the PMN substance. Depending on the
results of these tests, additional testing
as identified in the PBT category may be
recommended.
CFR citation: 40 CFR 721.10842.
PMN Numbers P–14–666 and P–14–668
Chemical names: Substituted amide
aromatic carboxylic acid, metal salt
(generic).
CAS numbers: Claimed confidential.
Basis for action: The PMNs state that
the generic (non-confidential) use of the
substances will be as morphology
modifiers for plastics. Based on
ecological SAR analysis of test data on
analogous amides, EPA predicts toxicity
to aquatic organisms may occur at
concentrations that exceed 67 ppb of the
PMN substance (P–14–666) and 39 ppb
of the PMN substance (P–14–668) 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 substances to surface
water, from uses other than as described
in the PMNs, exceed releases from the
uses described in the PMNs. For the use
described in the PMNs, environmental
releases did not exceed 67 ppb (P–14–
666) and 39 ppb (P–14–668) for more
than 20 days per year. Therefore, EPA
has not determined that the proposed
manufacturing, processing, or use of the
substances may present an unreasonable
risk. EPA has determined, however, that
PO 00000
Frm 00038
Fmt 4700
Sfmt 4700
any use of the substances other than as
listed in the PMNs 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 ready
biodegradability test (OPPTS Test
Guideline 835.3110); a fish early-life
stage toxicity test (OPPTS Test
Guideline 850.1400); a daphnid chronic
toxicity test (OPPTS Test Guideline
850.1300); and an algal toxicity test
(OCSPP Test Guideline 850.4500) on
each PMN substance would help
characterize their environmental effects.
CFR citation: 40 CFR 721.10843.
PMN Number P–14–763
Chemical name: Graphene
nanoplatelets having a predominant
thickness of 1–10 layers with lateral
dimension predominantly less than 2
microns.
CAS number: Not Available
Effective date of TSCA section 5(e)
consent order: December 30, 2014.
Basis for TSCA section 5(e) consent
order: The PMN states that the generic
(non-confidential) use of the substance
will be in printed electronics, solar
energy, separations, and functional
composites. Based on SAR analysis of
test data on respirable, poorly soluble
particulates and analogous carbon
nanomaterials, EPA identified concerns
for pulmonary toxicity, oncogenicity,
immunotoxicity, fibrosis, and lung
toxicity from lung overload. The order
was issued under TSCA sections
5(e)(1)(A)(i) and 5(e)(1)(A)(ii)(I), based
on a finding that these substance may
present an unreasonable risk of injury to
the environment and human health, and
there may be significant (or substantial)
human exposure to the substance. To
protect against these exposures and
risks, the consent order requires:
1. Use of personal protective
equipment involving impervious gloves
and protective clothing (where there is
a potential for dermal exposure) and a
NIOSH-certified respirator (where there
is a potential for inhalation exposure).
2. Establishment and use of a hazard
communication program, including
human health, environmental hazard
precautionary statements on each label
and the MSDS.
3. Manufacturing, processing, or use
of the PMN substance only as described
in the consent order.
4. No use of the PMN substance using
an application method that generates a
vapor, mist, or aerosol.
5. Submission of certain toxicity
testing prior to exceeding the
confidential production volume limits
E:\FR\FM\05JNR1.SGM
05JNR1
Federal Register / Vol. 80, No. 108 / Friday, June 5, 2015 / Rules and Regulations
mstockstill on DSK4VPTVN1PROD with RULES
of the PMN substances specified in the
consent order.
6. No predictable or purposeful
release of the PMN substances from
manufacturing, processing or use into
the waters of the United States.
The SNUR designates as a ‘‘significant
new use’’ the absence of these protective
measures.
Recommended testing: EPA has
determined that the results of certain
particle size distribution and material
characterization testing would be
needed for the PMN substance. The
company has agreed to submit the full
chemical characterization testing
described in the testing section of the
consent order within the timeframes
identified in the order. Further,
depending on the results of the
characterization testing, additional
toxicity testing may be required at a
confidential aggregate manufacture
volume, as detailed in the consent
order.
CFR citation: 40 CFR 721.10844.
PMN Number P–14–781
Chemical name: Methanaminium, N[4-[[4-(dimethylamino)phenyl]
phenylmethylene]-2,5-cyclohexadien-1ylidene]-N-methyl-, ethanedioate,
ethanedioate (2:2:1).
CAS number: 2437–29–8.
Basis for action: The PMN states that
the generic (non-confidential) use of the
substance will be as a component of
industrial inks and dyes. Based on test
data on analogous malachite green
chloride, pararosaniline, gentian violet,
crystal violet, oxalic acid, and other
analogous substances, EPA identified
concerns for mutagenicity,
carcinogenicity, eye irritation, as well as
kidney, acute, and developmental
toxicities for occupational inhalation
exposures and general population
exposures from drinking water
exposures. In addition, based on
ecological SAR analysis of test data on
analogous cationic dyes, 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, occupational
exposures during processing and use
activities are expected to be minimal.
Further, releases of the PMN substance
are not expected to result in surface
water concentrations that exceed 1 ppb.
Therefore, EPA has not determined that
the proposed processing or use of the
substance may present an unreasonable
risk. EPA has determined, however, that
any domestic manufacture of the
substance, or any release of the
substance resulting in surface water
concentrations exceeding 1 ppb may
cause serious health effects and
VerDate Sep<11>2014
17:17 Jun 04, 2015
Jkt 235001
significant adverse environmental
effects. Based on this information, the
PMN substance meets the concern
criteria at § 721.170(b)(3)(ii) and
(b)(4)(ii).
Recommended testing: EPA has
determined that the results of a
combined repeated dose toxicity with
the reproduction/developmental
toxicity screening test (OECD Test
Guideline 422); a bacterial reverse
mutation test (OECD Test Guideline
471); an in vitro mammalian
chromosome aberration test (OECD Test
Guideline 473); a fish acute toxicity test,
freshwater and marine (OPPTS Test
Guideline 850.1075); an aquatic
invertebrate acute toxicity test (OPPTS
Test Guideline 850.1010); and an algal
toxicity test (OCSPP Test Guideline
850.4500) would help characterize the
human health an environmental effects
of the PMN substance.
CFR citation: 40 CFR 721.10845.
PMN Number P–14–811
Chemical name: Sulfurized
hydrocarbon (generic).
CAS number: Claimed confidential.
Basis for action: The PMN states that
the use of the substance will be as a
lubricant additive. Based on ecological
SAR analysis of test data on analogous
neutral organics, EPA predicts toxicity
to aquatic organisms may occur at
concentrations that exceed 1 ppb of the
low molecular weight components of
PMN substance in surface waters. As
described in the PMN, where 80 percent
of the molecular weight species is
greater than 1,000 daltons, releases of
the substance are not expected to result
in surface water concentrations that
exceed 1 ppb of the low molecular
weight components. 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 where less than
80 percent of the molecular weight
species is greater than 1,000 daltons,
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
inherent biodegradability Zahn-Wellens
test (OECD Test Guideline 302); an
aerobic and anaerobic transformation in
soil test (OECD Test Guideline 307); a
fish BCF test: Aqueous and dietary
exposure (OECD Test Guideline 305); a
bioaccumulation in sediment-dwelling
benthic oligochaetes test (OECD Test
Guideline 315); a sediment-water
chironomid toxicity test using spiked
PO 00000
Frm 00039
Fmt 4700
Sfmt 4700
32009
sediment (OECD Test Guideline 218); a
fish early-life stage toxicity test (OPPTS
Test Guideline 850.1400); a daphnid
chronic toxicity test (OPPTS Test
Guideline 850.1300); and an algal
toxicity test (OCSPP Test Guideline
850.4500) would help characterize the
environmental effects of the PMN
substance.
CFR citation: 40 CFR 721.10846.
PMN Number P–14–821
Chemical name:
Oxiranemethanaminium, N,N,Ntrimethyl-, bromide.
CAS number: 13895–77–7.
Basis for action: The PMN states that
the substance will be used as an
intermediate for polymer production.
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
from dermal and inhalation exposures.
Further, based on ecological SAR
analysis of test data on analogous
quaternary ammonium compounds,
EPA predicts toxicity to aquatic
organisms may occur at concentrations
that exceed 28 ppb of the PMN
substance in surface waters. As
described in the PMN, particulate
exposures are not expected and releases
of the substance are not expected to
result in surface water concentrations
that exceed 28 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 manufacture, processing, or use of
the substance in the form of a powder
or any use of the substance resulting in
surface water concentrations exceeding
28 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)(3)(ii) and
(b)(4)(ii).
Recommended testing: EPA has
determined that the results of a 90-day
inhalation toxicity test (OPPTS Test
Guideline 870.3465); a bacterial reverse
mutation test (OPPTS Test Guideline
870.5100); a ready biodegradability test
(OECD Test Guideline 301D) closed
bottle method; a fish early-life stage
toxicity test (OPPTS Test Guideline
850.1400); a daphnid chronic toxicity
test (OPPTS Test Guideline 850.1300);
and an algal toxicity test (OCSPP Test
Guideline 850.4500) would help
characterize the human health and
environmental effects of the PMN
substance.
CFR citation: 40 CFR 721.10847.
E:\FR\FM\05JNR1.SGM
05JNR1
32010
Federal Register / Vol. 80, No. 108 / Friday, June 5, 2015 / Rules and Regulations
mstockstill on DSK4VPTVN1PROD with RULES
PMN Number P–14–875
Chemical name: Aryloxyalkyl amine
(generic).
CAS number: Claimed confidential.
Basis for action: The PMN states that
the substance will be used as an
intermediate. Based on test data on the
PMN substance and SAR analysis of test
data on analogous aliphatic amines,
EPA predicts toxicity to aquatic
organisms may occur at concentrations
that exceed 44 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
44 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 resulting in surface water
concentrations exceeding 44 ppb 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 ready
biodegradability test (OECD Test
Guideline 301) and an algal toxicity test
(OCSPP Test Guideline 850.4500) would
help characterize the environmental
effects of the PMN substance.
CFR citation: 40 CFR 721.10848.
PMN Numbers P–15–115 and P–15–116
Chemical names: (P–15–115) Phenolbiphenyl-formaldehyde polycondensate
(generic); (P–15–116) Polymer of
phenol, biphenyl and resorcinol
(generic).
CAS numbers: Claimed confidential.
Basis for action: The PMNs state that
the generic (non-confidential) use of the
substances will be in electric molding.
Based on test data on the PMN
substances as well as SAR analysis of
test data on analogous phenols, EPA
predicts toxicity to aquatic organisms
may occur at concentrations that exceed
5 ppb of the PMN substances in surface
waters. As described in the PMNs,
releases of the substances are not
expected to result in surface water
concentrations that exceed 5 ppb.
Therefore, EPA has not determined that
the proposed manufacturing,
processing, or use of the substances may
present an unreasonable risk. EPA has
determined, however, that any use
resulting in surface water
concentrations exceeding 5 ppb may
cause significant adverse environmental
effects. Based on this information, the
PMN substances meet the concern
criteria at § 721.170(b)(4)(i) and
(b)(4)(ii).
VerDate Sep<11>2014
17:17 Jun 04, 2015
Jkt 235001
Recommended testing: EPA has
determined that the results of a water
solubility test (OECD Test Guideline
105); 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 substances. Testing may be
conducted on either P–15–115 or P–15–
116 and results should include a GPC
analysis of molecular weight
distribution.
CFR citations: 40 CFR 721.10849 (P–
15–115) and 40 CFR 721.10850 (P–15–
116)
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 2 of the 22 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 20 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
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
PO 00000
Frm 00040
Fmt 4700
Sfmt 4700
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 https://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 August 4, 2015 without
further notice, unless EPA receives
written adverse or critical comments, or
notice of intent to submit adverse or
critical comments before July 6, 2015.
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 July
6, 2015, 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
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
E:\FR\FM\05JNR1.SGM
05JNR1
Federal Register / Vol. 80, No. 108 / Friday, June 5, 2015 / Rules and Regulations
mstockstill on DSK4VPTVN1PROD with RULES
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 2 of the 22 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
16 of the 22 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 June 5,
2015 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
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
VerDate Sep<11>2014
17:17 Jun 04, 2015
Jkt 235001
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-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 https://
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 https://
www.oecdbookshop.org or SourceOECD
at https://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. Under recent TSCA section
5(e) consent orders, each PMN submitter
is required to submit each study before
reaching the specified production limit.
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 nonexempt 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.
PO 00000
Frm 00041
Fmt 4700
Sfmt 4700
32011
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.,
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
E:\FR\FM\05JNR1.SGM
05JNR1
32012
Federal Register / Vol. 80, No. 108 / Friday, June 5, 2015 / Rules and Regulations
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 https://
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–
2015–0220.
XII. Statutory and Executive Order
Reviews
mstockstill on DSK4VPTVN1PROD with RULES
A. Executive Order 12866
This action 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 action.
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)
VerDate Sep<11>2014
17:17 Jun 04, 2015
Jkt 235001
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 action.
This action 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.
PO 00000
Frm 00042
Fmt 4700
Sfmt 4700
• 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
action. As such, EPA has determined
that this action 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 action does not have Tribal
implications because it is not expected
to have substantial direct effects on
Indian Tribes. This action 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 action.
G. Executive Order 13045
This action is not subject to Executive
Order 13045, entitled ‘‘Protection of
Children from Environmental Health
Risks and Safety Risks’’ (62 FR 19885,
April 23, 1997), because this is not an
economically significant regulatory
action as defined by Executive Order
12866, and this action does not address
environmental health or safety risks
disproportionately affecting children.
H. Executive Order 13211
This action is not subject to Executive
Order 13211, entitled ‘‘Actions
Concerning Regulations That
E:\FR\FM\05JNR1.SGM
05JNR1
Federal Register / Vol. 80, No. 108 / Friday, June 5, 2015 / Rules and Regulations
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)
6901–6992k, 7401–7671q, 7542, 9601–9657,
11023, 11048.
2. In § 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.
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.
*
*
*
*
*
OMB control
No.
40 CFR citation
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.
*
*
*
*
*
Significant New Uses of Chemical
Substances
*
*
721.10830
721.10831
721.10832
721.10833
721.10834
721.10835
721.10836
721.10837
721.10838
721.10839
721.10840
721.10841
721.10842
721.10843
721.10844
721.10845
721.10846
721.10847
721.10848
721.10849
721.10850
40 CFR Part 721
*
Environmental protection, Chemicals,
Hazardous substances, Reporting and
recordkeeping requirements.
*
Dated: May 28, 2015.
Maria J. Doa,
Director, Chemical Control Division, Office
of Pollution Prevention and Toxics.
*
*
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
*
*
*
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:
Authority: 15 U.S.C. 2604, 2607, and
2625(c).
4. Add § 721.10830 to subpart E to
read as follows:
■
1. The authority citation for part 9
continues to read as follows:
mstockstill on DSK4VPTVN1PROD with RULES
PART 9—[AMENDED]
§ 721.18030 2-Butene, 1,1,1,4,4,4hexafluoro-, (2Z)-.
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.,
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified as
2-butene, 1,1,1,4,4,4-hexafluoro-, (2Z)(PMN P–11–549; CAS No. 692–49–9) 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:
VerDate Sep<11>2014
17:17 Jun 04, 2015
Jkt 235001
■
PO 00000
Frm 00043
Fmt 4700
Sfmt 4700
32013
(i) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80(f), (j), and (o).
(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) through (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.
■ 5. Add § 721.10831 to subpart E to
read as follows:
§ 721.18031
(generic).
Aluminum phosphate
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as aluminum phosphate
(PMN P–13–690) is 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 substance that has been
completely reacted (cured) or entrained
into a polymer matrix.
(2) The significant new uses are:
(i) Protection in the workplace.
Requirements as specified in
§ 721.63(a)(4) and (a)(6)(1). 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. A National
Institute for Occupational Safety and
Health (NIOSH)-certified respirator with
an Assigned Protection Factor (APF) of
at least 10 meet the requirements of
§ 721.63(a)(4).
(ii) Release to water. Requirements as
specified in § 721.90(a)(4), (b)(4), and
(c)(4) (N=87).
(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 (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.
E:\FR\FM\05JNR1.SGM
05JNR1
32014
Federal Register / Vol. 80, No. 108 / Friday, June 5, 2015 / Rules and Regulations
6. Add § 721.10832 to subpart E to
read as follows:
■
§ 721.10832
Alkyl triazine (generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as alkyl triazine (PMN P–13–
872) 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=130).
(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) through (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.
■ 7. Add § 721.10833 to subpart E to
read as follows:
mstockstill on DSK4VPTVN1PROD with RULES
§ 721.10833
(generic).
Substituted bis 2,6-xylenol
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as substituted bis 2,6xylenol (PMN P–13–930) is 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
substance that have been incorporated
into an article or has been incorporated
into a polymer matrix.
(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)(i), (a)(6)(ii), (b)(concentration set
at 1.0 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
National Institute for Occupational
Safety and Health (NIOSH)-certified
respirators with an assigned protection
factor (APF) of at least 50 meet the
requirements of § 721.63(a)(4):
VerDate Sep<11>2014
17:17 Jun 04, 2015
Jkt 235001
(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) Hazard communication.
Requirements as specified in
§ 721.72(a), (b), (c), (d), (e),
(f)(concentration set at 1.0 percent),
(g)(1)(The PMN substance may cause
sensitization, eye irritation, internal
organ effects, and developmental
effects), (g)(2), (g)(3), (g)(4)(i), and (g)(5).
(iii) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80(g) and (q).
(iv) Release to water. (A)
Requirements as specified in
§ 721.90(a)(4), (b)(4), and (c)(4) N=6.
However the requirements of
§ 721.91(a)(4) do not apply. Instead, if
control technologies are in place to treat
the waste stream containing the PMN
substance, the amount of the PMN
substance reasonably likely to be
removed from the waste stream by such
treatment may be subtracted in
calculating the number of kilograms
releases. No more than 40 percent
removal efficiency may be attributed to
such treatment.
(B) In lieu of calculating the quotient,
monitoring or alternative calculations
may be used to predict the surface water
concentrations expected to result from
the intended release of the substance, if
the monitoring procedures or
calculations have been approved for
such purposes by EPA.
(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 (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)(iii) of this section.
8. Add § 721.10834 to subpart E to
read as follows:
■
PO 00000
Frm 00044
Fmt 4700
Sfmt 4700
§ 721.10834
(generic).
Heteropolycyclic diacrylate
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as heteropolycyclic
diacrylate (PMN P–14–20) 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)(2)(iii), (a)(3),
(a)(4), (a)(6)(i), (a)(6)(ii), (b)
(concentration set at 1.0 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
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.
(ii) Release to water. Requirements as
specified in § 721.90(a)(4), (b)(4), and
(c)(4) (N=120).
(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 (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.
■ 9. Add § 721.10835 to subpart E to
read as follows:
§ 721.10835 1,6-Hexanediamine, N1-(6aminohexyl)-, polymer with 2(chloromethyl)oxirane, N-(dithiocarboxy)
derivs., sodium salts.
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified as
1,6-Hexanediamine, N1-(6-aminohexyl), polymer with 2-(chloromethyl)oxirane,
N-(dithiocarboxy) derivs., sodium salts
E:\FR\FM\05JNR1.SGM
05JNR1
Federal Register / Vol. 80, No. 108 / Friday, June 5, 2015 / Rules and Regulations
(PMN P–14–66; CAS No. 1459738–70–5)
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) through (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.
■ 10. Add § 721.10836 to subpart E to
read as follows:
§ 721.10836 Dimethylaminoalkyl alkene
amide (generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as dimethylaminoalkyl
alkene amide (PMN P–14–209) is
subject to reporting under this section
for the significant new uses described in
paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80(j).
(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) through (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.
■ 11. Add § 721.10837 to subpart E to
read as follows:
mstockstill on DSK4VPTVN1PROD with RULES
§ 721.10837 Substituted naphthalene
polymer glycidyl ether (generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as substituted naphthalene
polymer glycidyl ether (PMN P–14–452)
is subject to reporting under this section
for the significant new uses described in
paragraph (a)(2) of this section.
VerDate Sep<11>2014
17:17 Jun 04, 2015
Jkt 235001
(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) through (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.
■ 12. Add § 721.10838 to subpart E to
read as follows:
§ 721.10838 Alkylpolycarboxylic acid,
derivative, tris(fluorinatedalkoxy)alkyl ester
salt (generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as alkylpolycarboxylic acid,
derivative, tris(fluorinatedalkoxy)alkyl
ester salt (PMN P–14–473) 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=6).
(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) through (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.
■ 13. Add § 721.10839 to subpart E to
read as follows:
§ 721.10839 Tricyclo[3.3.1.13,7]decan-1amine, N,N-dimethyl-.
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified as
tricyclo[3.3.1.13,7]decan-1-amine, N,Ndimethyl- (PMN P–14–476; CAS No.
3717–40–6) 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=8).
PO 00000
Frm 00045
Fmt 4700
Sfmt 4700
32015
(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) through (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.
■ 14. Add § 721.10840 to subpart E to
read as follows:
§ 721.10840 Sulfosuccinic acid ester,
alkylamine derivs., sodium salt (generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as sulfosuccinic acid ester,
alkylamine derivs., sodium salt (PMN
P–14–510) 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=94).
(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) through (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.
■ 15. Add § 721.10841 to subpart E to
read as follows:
§ 721.10841 Bismuth nitrate oxide
(Bi3(NO3)O4).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified as
bismuth nitrate oxide (Bi3(NO3)O4)
(PMN P–14–603; CAS No. 1417164–49–
8) 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), 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
E:\FR\FM\05JNR1.SGM
05JNR1
32016
Federal Register / Vol. 80, No. 108 / Friday, June 5, 2015 / Rules and Regulations
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
respirator with an assigned protection
factor (APF) of at least 10 meets the
minimum requirements for
§ 721.63(a)(4): NIOSH-certified airpurifying elastomeric half-mask
respirator equipped with N100 (if oil
aerosols absent), R100, or P100 filters.
(ii) Industrial commercial, and
consumer activities. Requirements as
specified in § 721.80(j).
(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 (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.
(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 § 721.10842 to subpart E to
read as follows:
mstockstill on DSK4VPTVN1PROD with RULES
§ 721.10842
(generic).
Substituted cyclosiloxane
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as substituted cyclosiloxane
(PMN P–14–605) 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. A significant new
use is any use other than as a refractive
index modifier component for lightemitting diode (LED) chips.
(ii) Release to water. Requirements as
specified in § 721.90(a)(1), (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) through (c), (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.
VerDate Sep<11>2014
17:17 Jun 04, 2015
Jkt 235001
17. Add § 721.10843 to subpart E to
read as follows:
■
§ 721.10843 Substituted amide aromatic
carboxylic acid, metal salt (generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substances identified
generically as substituted amide
aromatic carboxylic acid, metal salt
(PMNs P–14–666 and P–14–668) 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) Industrial commercial, and
consumer activities. Requirements as
specified in § 721.80(j).
(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) through (c), and (i) 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)(i) of this section.
■ 18. Add § 721.10844 to subpart E to
read as follows:
§ 721.10844 Graphene nanoplatelets
having a predominant thickness of 1–10
layers with lateral dimension predominantly
less than 2 microns.
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified as
graphene nanoplatelets having a
predominant thickness of 1–10 layers
with lateral dimension predominantly
less than 2 microns (PMN P–14–763) is
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
substance that have been embedded or
incorporated into a polymer matrix that
itself has been reacted (cured);
embedded in a permanent solid polymer
form that is not intended to undergo
further processing, except mechanical
processing; or imported into an article
as defined at 40 CFR 720.3(c).
(2) The significant new uses are:
(i) Protection in the workplace.
Requirements as specified in
§ 721.63(a)(1), (a)(2)(i), (a)(2)(ii), (a)(3),
(a)(4), (a)(6)(i), (a)(6)(ii), (b)
(concentration set at 1.0 percent), and
PO 00000
Frm 00046
Fmt 4700
Sfmt 4700
(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 meet the requirements of
§ 721.63(a)(4):
(A) NIOSH-certified power airpurifying, tight-fitting full-face
respirator equipped with an N–100, P–
100, or R–100 cartridge.
(B) NIOSH-certified power airpurifying particulate respirator with an
assigned protection factor (APF) of at
least 50.
(ii) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80(k), (q), and (y)(1).
(iii) Release to water. Requirements as
specified in § 721.90(a)(1), (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) through (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.
■ 19. Add § 721.10845 to subpart E to
read as follows:
§ 721.10845 Methanaminium, N-[4-[[4(dimethylamino)phenyl]phenylmethylene]2,5-cyclohexadien-1-ylidene]-N-methyl-,
ethanedioate, ethanedioate (2:2:1).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified as
methanaminium, N-[4-[[4(dimethylamino)phenyl
]phenylmethylene]-2,5-cyclohexadien-1ylidene]-N-methyl-, ethanedioate,
ethanedioate (2:2:1) (PMN P–14–781;
CAS No. 2437–29–8) 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(f).
E:\FR\FM\05JNR1.SGM
05JNR1
Federal Register / Vol. 80, No. 108 / Friday, June 5, 2015 / Rules and Regulations
(ii) Release to water. Requirements as
specified in § 721.90(a)(4), (b)(4), and
(c)(4) (N=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) through (c), (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.
■ 20. Add § 721.10846 to subpart E to
read as follows:
§ 721.10846
(generic).
Sulfurized hydrocarbon
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as sulfurized hydrocarbon
(PMN P–14–811) 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 where less than 80
percent of the low molecular weight
species are greater than 1,000 daltons.
(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) through (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.
■ 21. Add § 721.10847 to subpart E to
read as follows:
mstockstill on DSK4VPTVN1PROD with RULES
§ 721.10847 Oxiranemethanaminium,
N,N,N-trimethyl-, bromide.
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified as
oxiranemethanaminium, N,N,Ntrimethyl-, bromide (PMN P–14–821;
CAS No. 13895–77–7) 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:
VerDate Sep<11>2014
17:17 Jun 04, 2015
Jkt 235001
(i) Industrial commercial, and
consumer activities. Requirements as
specified in § 721.80(v)(1), (w)(1), and
(x)(1).
(ii) Release to water. Requirements as
specified in § 721.90(a)(4), (b)(4), and
(c)(4) (N=28).
(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 (c), (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.
■ 22. Add § 721.10848 to subpart E to
read as follows:
§ 721.10848
Aryloxyalkyl amine (generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as aryloxyalkyl amine (PMN
P–14–875) 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=44).
(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) through (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 § 721.10849 to subpart E to
read as follows:
§ 721.10849 Phenol-biphenylformaldehyde polycondensate (generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as phenol-biphenylformaldehyde polycondensate (PMN P–
15–115) 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=5).
(ii) [Reserved]
PO 00000
Frm 00047
Fmt 4700
Sfmt 4700
32017
(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 (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 § 721.10850 to subpart E to
read as follows:
§ 721.10850 Polymer of phenol, biphenyl
and resorcinol (generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as polymer of phenol,
biphenyl and resorcinol (PMN P–15–
116) 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=5).
(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) through (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.
[FR Doc. 2015–13670 Filed 6–4–15; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R07–OAR–2014–0528; FRL–9928–59–
Region 7]
Approval and Promulgation of
Implementation Plans; State of
Kansas; Infrastructure SIP
Requirements for the 2010 Sulfur
Dioxide National Ambient Air Quality
Standard
Environmental Protection
Agency.
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
SUMMARY:
E:\FR\FM\05JNR1.SGM
05JNR1
Agencies
[Federal Register Volume 80, Number 108 (Friday, June 5, 2015)]
[Rules and Regulations]
[Pages 32003-32017]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-13670]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 9 and 721
[EPA-HQ-OPPT-2015-0220; FRL-9927-67]
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 22 chemical substances
which were the subject of premanufacture notices (PMNs). Two 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 22 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 August 4, 2015. For purposes of
judicial review, this rule shall be promulgated at 1 p.m. (e.s.t.) on
June 19, 2015.
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 July 6, 2015 (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 July 6, 2015, 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-2015-0220, by one of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute.
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: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at https://www.epa.gov/dockets/contacts.html.
Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
For technical information contact: Kenneth Moss, Chemical Control
Division (7405M), Office of Pollution Prevention and Toxics,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460-0001; telephone number: (202) 564-9232; email
address: moss.kenneth@epa.gov.
For general information contact: The TSCA-Hotline, ABVI-Goodwill,
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202)
554-1404; email address: TSCA-Hotline@epa.gov.
SUPPLEMENTARY INFORMATION:
[[Page 32004]]
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 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 a proposed or final rule are subject
to the export notification provisions of TSCA section 12(b) (15 U.S.C.
2611(b)) (see Sec. 721.20), and must comply with the export
notification requirements in 40 CFR part 707, subpart D.
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 preparing and submitting
your comments, see the commenting tips at https://www.epa.gov/dockets/comments.html.
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) (FRL-3658-5). 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, 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 22
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 22 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 (assigned
for non-confidential chemical identities).
Basis for the TSCA section 5(e) consent order or, the
basis for the TSCA non-section 5(e) SNURs (i.e., SNURs without TSCA
section 5(e) consent orders).
Tests recommended by EPA to provide sufficient information
to
[[Page 32005]]
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 2 PMN substances (P-13-930 and P-14-763) 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 ``TSCA 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 TSCA 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 20 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 ``TSCA
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 TSCA non-section 5(e) SNURs issued under Sec. 721.170
satisfies the two requirements stipulated in Sec. 721.170(c)(2), i.e.,
these significant new use activities 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 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-11-549
Chemical name: 2-Butene, 1,1,1,4,4,4-hexafluoro-, (2Z)-.
CAS number: 692-49-9.
Basis for action: The PMN states that the generic (non-
confidential) use of the substance will be as a heat transfer fluid.
Based on test data on the PMN substance as well as structure activity
relationship (SAR) analysis of analogous small fluorinated compounds,
EPA identified concerns for cardiac sensitization, developmental
toxicity, neurotoxicity, reproductive toxicity and oncogenicity from
inhalation exposures to the PMN substance. As described in the PMN,
occupational exposures are expected to be minimal due to no domestic
manufacture and consumer exposure is not expected due to no use of the
substance in a consumer product. Therefore, EPA has not determined that
the proposed processing or use of the substance may present an
unreasonable risk. EPA has determined, however, that any domestic
manufacture, any use other than as described in the PMN, or any 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)(3)(i) and (b)(3)(ii).
Recommended testing: EPA has determined that inhalation monitoring
data, collected according to the EPA draft Inhalation Monitoring Data
Collection Guidelines (located in the docket under docket ID number
EPA-HQ-OPPT-2015-0220) would help characterize the human health effects
of the PMN substance.
CFR citation: 40 CFR 721.10830.
PMN Number P-13-690
Chemical name: Aluminum phosphate (generic).
CAS number: Claimed confidential.
Basis for action: The PMN states that the substance will be used as
a flame retardant for industrial plastics. Based on SAR analysis of
test data on analogous respirable, poorly soluble particulates, EPA
identified concerns for lung effects, blood toxicity, hypersensitivity,
developmental neurotoxicity, and immunotoxicity from inhalation
exposures to the PMN substance. Further, based on ecological SAR
analysis of test data on analogous aluminum salts, EPA predicts
toxicity to aquatic organisms may occur at concentrations that exceed
87 parts per billion (ppb) of the PMN substance in surface waters. As
described in the PMN, occupational exposures are expected to be minimal
due to use of respiratory protection, and releases of the substance are
not expected to result in surface water concentrations that exceed 87
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 without
the use of National Institute of Occupational Safety and Health
(NIOSH)-certified respirator with an assigned protection factor (APF)
of at least 10, where inhalation exposures are expected, or any use of
the substance resulting in surface water concentrations exceeding 87
ppb may cause serious human health effects and significant adverse
environmental effects. Based on this information, the PMN substance
meets the concern criteria at 40 CFR 721.170(b)(3)(ii) and (b)(4)(ii).
Recommended testing: EPA has determined that the results of a 90-
day inhalation toxicity test (OPPTS Test Guideline 870.3465 or
Organisation for Economic Co-operation and Development (OECD) Test
Guideline 413); a fish early-life stage toxicity test (OPPTS Test
Guideline 850.1400); a daphnid chronic toxicity test (OPPTS Test
Guideline 850.1300); and an algal toxicity test (Office of Chemical
Safety and Pollution Prevention (OCSPP) Test Guideline 850.4500) would
help characterize the human health and 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 consulted to facilitate solubility of the PMN
substance in the test media.
CFR citation: 40 CFR 721.10831.
PMN Number P-13-872
Chemical name: Alkyl triazine (generic).
CAS number: Claimed confidential.
Basis for action: The PMN states that the substance will be used in
the removal of hydrogen sulfide. Based on test data on the PMN
substance, as well as ecological SAR analysis of test data on analogous
aliphatic amines, EPA predicts toxicity to aquatic organisms may occur
at concentrations that exceed 130 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 130 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 130 ppb may
[[Page 32006]]
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) 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 721.10832.
PMN Number P-13-930
Chemical name: Substituted bis 2,6-xylenol (generic).
CAS number: Claimed confidential.
Effective date of TSCA section 5(e) consent order: December 10,
2014.
Basis for TSCA section 5(e) consent order: The PMN states that the
generic (non-confidential) use of the substance will be as a reactant
in polymerization reactions. Based on SAR analysis of test data on
structurally similar substances, EPA identified concerns for liver,
kidney and developmental toxicity; blood effects, sensitization, and
endocrine disruption. Further, based on test data on the PMN substance,
EPA predicts toxicity to aquatic organisms at concentrations that
exceed 6 ppb of the PMN substance in surface waters. The order was
issued under TSCA sections 5(e)(1)(A)(i) and 5(e)(1)(A)(ii)(I), based
on a finding that the substance may present an unreasonable risk of
injury to the environment and human health, and there may be
significant (or substantial) human exposure to the substance. To
protect against these exposures and risks, the consent order requires:
1. Use of personal protective equipment involving impervious gloves
and protective clothing (where there is a potential for dermal
exposure) and a NIOSH-certified respirator with an APF of at least 50
(where there is a potential for inhalation exposure).
2. Establishment and use of a hazard communication program,
including human health, environmental hazard precautionary statements
on each label and the MSDS.
3. Manufacturing, processing, or use of the PMN substance only as
an intermediate.
4. Submission of certain toxicity testing prior to exceeding the
confidential production volume limits of the PMN substance specified in
the consent order.
5. No predictable or purposeful release of the PMN substance from
manufacturing, processing or use into the waters of the United States
that result in surface water concentrations exceeding 6 ppb.
The SNUR designates as a ``significant new use'' the absence of
these protective measures.
Recommended testing: EPA has determined that the results of certain
toxicity testing, identified in the TSCA 5(e) consent order would help
characterize possible effects of the substance. The submitter has
agreed not to exceed the first confidential volume limit without
performing an aromatase (human recombinant) test (OCSPP Test Guideline
890.1200) and a steroidogenesis (human cell line-H295R) test (OCSPP
Test Guideline 890.1550 or OECD Test Guideline 456). Further, the Order
prohibits the Company from exceeding the second confidential production
volume limit unless the Company submits the Tier 2 testing described in
the Testing section of this Order in accordance with the conditions
specified in the Testing section.
CFR citation: 40 CFR 721.10833.
PMN Number P-14-20
Chemical name: Heteropolycyclic diacrylate (generic).
CAS number: Claimed confidential.
Basis for action: The PMN states that the generic (non-
confidential) use of the substance will be as a coating resin. Based on
test data on the PMN, EPA identified concerns for dermal and ocular
irritation, and systemic toxicity from the dermal, ocular, and oral
routes. Further, based on ecological SAR analysis of test data on
analogous acrylates, EPA predicts toxicity to aquatic organisms may
occur at concentrations that exceed 120 ppb of the PMN substance in
surface waters. As described in the PMN, occupational exposures are
expected to be minimal due to the use of impervious gloves, goggles,
and a NIOSH-certified particulate respirator with an APF of at least
10. Further, releases of the substance are not expected to result in
surface water concentrations that exceed 120 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 without the use of impervious
gloves and goggles, when there is a potential dermal exposure; 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; or any use of the substance resulting in surface water
concentrations exceeding 120 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)(3)(i)
and (b)(4)(ii).
Recommended testing: EPA has determined that the results of a
combined repeated dose toxicity with the reproduction/developmental
toxicity screening test (OPPTS Test Guideline 870.3650); a fish early-
life stage toxicity test (OPPTS Test Guideline 850.1400); a daphnid
chronic toxicity test (OPPTS Test Guideline 850.1300); and an algal
toxicity test (OCSPP Test Guideline 850.4500) would help characterize
the human health and environmental effects of the PMN substance.
CFR citation: 40 CFR 721.10834.
PMN Number P-14-66
Chemical name: 1,6-Hexanediamine, N1-(6-aminohexyl)-, polymer with
2-(chloromethyl)oxirane, N-(dithiocarboxy) derivs., sodium salts.
CAS number: 1459738-70-5.
Basis for action: The PMN states that the substance will be used as
a water clarifier intermediate. Based on ecological SAR analysis of
test data on analogous dithiocarbamates, 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 that results 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 mysid
acute toxicity test (OCSPP Test Guideline 850.1035); a fish acute
toxicity test, freshwater and marine (OPPTS Test Guideline 850.1075);
an acute invertebrate toxicity test, freshwater daphnids (OPPTS Test
Guideline 850.1010); and an algal toxicity test (OCSPP Test Guideline
850.4500) would help characterize the environmental effects of the PMN
substance.
CFR citation: 40 CFR 721.10835.
PMN Number P-14-209
Chemical name: Dimethylaminoalkyl alkene amide (generic).
CAS number: Claimed confidential.
[[Page 32007]]
Basis for action: The PMN states that the generic (non-
confidential) use of the substance will be as an adjuvant for non-
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)-regulated
agricultural use products, an additive for pesticide formulations, and
an additive for fertilizer formulations. Based on test data on the PMN
substance, as well as ecological SAR analysis of test data on analogous
amides and aliphatic amines, EPA predicts chronic toxicity to aquatic
organisms may occur at concentrations that exceed 4 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
the use described in the PMN. For the uses described in the PMN,
environmental releases did not exceed the concentration of concern for
more than 20 days per year. 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 use of the
substance other than as described in the PMN may cause significant
adverse environmental effects. Based on this information, the PMN
substances meet 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) 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 721.10836.
PMN Number P-14-452
Chemical name: Substituted naphthalene polymer glycidyl ether
(generic).
CAS number: Claimed confidential.
Basis for action: The PMN states that the generic (non-
confidential) uses of the substance will be as a matrix resin for
composite materials and a binder resin for electronic materials. Based
on ecological SAR analysis of test data on analogous polyepoxides, 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 fish
early-life stage toxicity test (OPPTS Test Guideline 850.1400); a
daphnid chronic toxicity test (OPPTS Test Guideline 850.1300); and an
algal toxicity test (OCSPP Test Guideline 850.4500) would help
characterize the environmental effects of the PMN substance.
CFR citation: 40 CFR 721.10837.
PMN Number P-14-473
Chemical name: Alkylpolycarboxylic acid, derivative,
tris(fluorinatedalkoxy)alkyl ester salt (generic).
CAS number: Claimed confidential.
Basis for action: The PMN states that the generic (non-
confidential) use of the substance will be for coatings and printing
applications. Based on ecological SAR analysis of test data on
analogous anionic surfactants, EPA predicts toxicity to aquatic
organisms may occur at concentrations that exceed 6 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 6 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 6 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 water
solubility study (OECD Test Guideline 105); a fish acute toxicity test,
freshwater and marine (OPPTS Test Guideline 850.1075); 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 721.10838.
PMN Number P-14-476
Chemical name: Tricyclo[3.3.1.13,7]decan-1-amine, N,N-dimethyl-.
CAS number: 3717-40-6.
Basis for action: The PMN states that the generic (non-
confidential) use of the substance will be as an isolated intermediate.
Based on ecological SAR analysis of test data on analogous aliphatic
amines, EPA predicts toxicity to aquatic organisms may occur at
concentrations that exceed 8 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 8 ppb.
Therefore, EPA has not determined that the proposed manufacturing,
processing, or use of the substance may present an unreasonable risk.
EPA has determined that any use of the substance resulting in surface
water concentrations exceeding 8 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); a
daphnid chronic toxicity test (OPPTS Test Guideline 850.1300); and an
algal toxicity test (OCSPP Test Guideline 850.4500) would help
characterize the environmental effects of the PMN substance.
CFR citation: 40 CFR 721.10839.
PMN Number P-14-510
Chemical name: Sulfosuccinic acid ester, alkylamine derivs., sodium
salt (generic).
CAS number: Claimed confidential.
Basis for action: The PMN states that the generic (non-
confidential) use of the substance will be as an industrial leather
softener. Based on test data on the PMN substance as well as SAR
analysis of test data on analogous anionic surfactants, EPA predicts
toxicity to aquatic organisms may occur at concentrations that exceed
94 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 94 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 94 ppb may cause significant adverse environmental effects.
Based on this information, the PMN substance meets
[[Page 32008]]
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) 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 721.10840.
PMN Number P-14-603
Chemical name: Bismuth nitrate oxide
(Bi3(NO3)O4).
CAS number: 1417164-49-8.
Basis for action: The PMN states that the generic (non-
confidential) use of the substance will be as a proprietary degradation
inhibitor additive in polymer-based insulation sheets. Based on test
data on analogous respirable, poorly soluble particulates, EPA
identified concerns for lung effects from inhalation exposures to the
PMN substance. For the use described in the PMN, significant inhalation
exposures are not expected. 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 listed in the PMN, or without respiratory
protection, 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 90-
day inhalation toxicity study with a 60-day holding period (OPPTS Test
Guideline 870.3465) would help characterize the human health effects of
the PMN substance.
CFR citation: 40 CFR 721.10841.
PMN Number P-14-605
Chemical name: Substituted cyclosiloxane (generic).
CAS number: Claimed confidential.
Basis for action: The PMN states that the use of the substance will
be as a refractive index modifier component for light-emitting diode
(LED) chips. Based on the physical/chemical properties of the PMN
substance (as described in the New Chemical Program's PBT category at
64 FR 60194; November 4, 1999) and test data on structurally similar
substances, the PMN substance is a potentially persistent,
bioaccumulative, and toxic (PBT) chemical. EPA estimates that the PMN
substance will persist in the environment more than 2 months and
estimates a bioaccumulation factor of greater than or equal to 1,000.
As described in the PMN notice, the PMN substance will not be released
to water. 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 described in the PMN or resulting in releases
to water 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)(3)(ii), (b)(4)(ii), and
(b)(4)(iii).
Recommended testing: EPA has determined that the results of a
partition coefficient (n-octanol/water) test, estimation by liquid
chromatography (OPPTS Test Guideline 830.7570 or OECD Test Guideline
117); a ready biodegradability test (OPPTS Test Guideline 835.3110 or
OECD Test Guideline 301); a fish bioconcentration factor (BCF) test
(OPPTS Test Guideline 850.1730 or (OECD Test Guideline 305); and a
water solubility test (OECD Test Guideline 111) would help characterize
the health and environmental effects of the PMN substance. Depending on
the results of these tests, additional testing as identified in the PBT
category may be recommended.
CFR citation: 40 CFR 721.10842.
PMN Numbers P-14-666 and P-14-668
Chemical names: Substituted amide aromatic carboxylic acid, metal
salt (generic).
CAS numbers: Claimed confidential.
Basis for action: The PMNs state that the generic (non-
confidential) use of the substances will be as morphology modifiers for
plastics. Based on ecological SAR analysis of test data on analogous
amides, EPA predicts toxicity to aquatic organisms may occur at
concentrations that exceed 67 ppb of the PMN substance (P-14-666) and
39 ppb of the PMN substance (P-14-668) 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 substances to surface
water, from uses other than as described in the PMNs, exceed releases
from the uses described in the PMNs. For the use described in the PMNs,
environmental releases did not exceed 67 ppb (P-14-666) and 39 ppb (P-
14-668) for more than 20 days per year. Therefore, EPA has not
determined that the proposed manufacturing, processing, or use of the
substances may present an unreasonable risk. EPA has determined,
however, that any use of the substances other than as listed in the
PMNs 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 ready
biodegradability test (OPPTS Test Guideline 835.3110); a fish early-
life stage toxicity test (OPPTS Test Guideline 850.1400); a daphnid
chronic toxicity test (OPPTS Test Guideline 850.1300); and an algal
toxicity test (OCSPP Test Guideline 850.4500) on each PMN substance
would help characterize their environmental effects.
CFR citation: 40 CFR 721.10843.
PMN Number P-14-763
Chemical name: Graphene nanoplatelets having a predominant
thickness of 1-10 layers with lateral dimension predominantly less than
2 microns.
CAS number: Not Available
Effective date of TSCA section 5(e) consent order: December 30,
2014.
Basis for TSCA section 5(e) consent order: The PMN states that the
generic (non-confidential) use of the substance will be in printed
electronics, solar energy, separations, and functional composites.
Based on SAR analysis of test data on respirable, poorly soluble
particulates and analogous carbon nanomaterials, EPA identified
concerns for pulmonary toxicity, oncogenicity, immunotoxicity,
fibrosis, and lung toxicity from lung overload. The order was issued
under TSCA sections 5(e)(1)(A)(i) and 5(e)(1)(A)(ii)(I), based on a
finding that these substance may present an unreasonable risk of injury
to the environment and human health, and there may be significant (or
substantial) human exposure to the substance. To protect against these
exposures and risks, the consent order requires:
1. Use of personal protective equipment involving impervious gloves
and protective clothing (where there is a potential for dermal
exposure) and a NIOSH-certified respirator (where there is a potential
for inhalation exposure).
2. Establishment and use of a hazard communication program,
including human health, environmental hazard precautionary statements
on each label and the MSDS.
3. Manufacturing, processing, or use of the PMN substance only as
described in the consent order.
4. No use of the PMN substance using an application method that
generates a vapor, mist, or aerosol.
5. Submission of certain toxicity testing prior to exceeding the
confidential production volume limits
[[Page 32009]]
of the PMN substances specified in the consent order.
6. No predictable or purposeful release of the PMN substances from
manufacturing, processing or use into the waters of the United States.
The SNUR designates as a ``significant new use'' the absence of
these protective measures.
Recommended testing: EPA has determined that the results of certain
particle size distribution and material characterization testing would
be needed for the PMN substance. The company has agreed to submit the
full chemical characterization testing described in the testing section
of the consent order within the timeframes identified in the order.
Further, depending on the results of the characterization testing,
additional toxicity testing may be required at a confidential aggregate
manufacture volume, as detailed in the consent order.
CFR citation: 40 CFR 721.10844.
PMN Number P-14-781
Chemical name: Methanaminium, N-[4-[[4-
(dimethylamino)phenyl]phenylmethylene]-2,5-cyclohexadien-1-ylidene]-N-
methyl-, ethanedioate, ethanedioate (2:2:1).
CAS number: 2437-29-8.
Basis for action: The PMN states that the generic (non-
confidential) use of the substance will be as a component of industrial
inks and dyes. Based on test data on analogous malachite green
chloride, pararosaniline, gentian violet, crystal violet, oxalic acid,
and other analogous substances, EPA identified concerns for
mutagenicity, carcinogenicity, eye irritation, as well as kidney,
acute, and developmental toxicities for occupational inhalation
exposures and general population exposures from drinking water
exposures. In addition, based on ecological SAR analysis of test data
on analogous cationic dyes, 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, occupational exposures during
processing and use activities are expected to be minimal. Further,
releases of the PMN substance are not expected to result in surface
water concentrations that exceed 1 ppb. Therefore, EPA has not
determined that the proposed processing or use of the substance may
present an unreasonable risk. EPA has determined, however, that any
domestic manufacture of the substance, or any release of the substance
resulting in surface water concentrations exceeding 1 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)(3)(ii) and (b)(4)(ii).
Recommended testing: EPA has determined that the results of a
combined repeated dose toxicity with the reproduction/developmental
toxicity screening test (OECD Test Guideline 422); a bacterial reverse
mutation test (OECD Test Guideline 471); an in vitro mammalian
chromosome aberration test (OECD Test Guideline 473); a fish acute
toxicity test, freshwater and marine (OPPTS Test Guideline 850.1075);
an aquatic invertebrate acute toxicity test (OPPTS Test Guideline
850.1010); and an algal toxicity test (OCSPP Test Guideline 850.4500)
would help characterize the human health an environmental effects of
the PMN substance.
CFR citation: 40 CFR 721.10845.
PMN Number P-14-811
Chemical name: Sulfurized hydrocarbon (generic).
CAS number: Claimed confidential.
Basis for action: The PMN states that the use of the substance will
be as a lubricant additive. Based on ecological SAR analysis of test
data on analogous neutral organics, EPA predicts toxicity to aquatic
organisms may occur at concentrations that exceed 1 ppb of the low
molecular weight components of PMN substance in surface waters. As
described in the PMN, where 80 percent of the molecular weight species
is greater than 1,000 daltons, releases of the substance are not
expected to result in surface water concentrations that exceed 1 ppb of
the low molecular weight components. 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 where less than 80 percent of the molecular weight
species is greater than 1,000 daltons, 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
inherent biodegradability Zahn-Wellens test (OECD Test Guideline 302);
an aerobic and anaerobic transformation in soil test (OECD Test
Guideline 307); a fish BCF test: Aqueous and dietary exposure (OECD
Test Guideline 305); a bioaccumulation in sediment-dwelling benthic
oligochaetes test (OECD Test Guideline 315); a sediment-water
chironomid toxicity test using spiked sediment (OECD Test Guideline
218); a fish early-life stage toxicity test (OPPTS Test Guideline
850.1400); a daphnid chronic toxicity test (OPPTS Test Guideline
850.1300); and an algal toxicity test (OCSPP Test Guideline 850.4500)
would help characterize the environmental effects of the PMN substance.
CFR citation: 40 CFR 721.10846.
PMN Number P-14-821
Chemical name: Oxiranemethanaminium, N,N,N-trimethyl-, bromide.
CAS number: 13895-77-7.
Basis for action: The PMN states that the substance will be used as
an intermediate for polymer production. 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 from dermal and inhalation exposures.
Further, based on ecological SAR analysis of test data on analogous
quaternary ammonium compounds, EPA predicts toxicity to aquatic
organisms may occur at concentrations that exceed 28 ppb of the PMN
substance in surface waters. As described in the PMN, particulate
exposures are not expected and releases of the substance are not
expected to result in surface water concentrations that exceed 28 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 manufacture, processing, or use
of the substance in the form of a powder or any use of the substance
resulting in surface water concentrations exceeding 28 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)(3)(ii) and (b)(4)(ii).
Recommended testing: EPA has determined that the results of a 90-
day inhalation toxicity test (OPPTS Test Guideline 870.3465); a
bacterial reverse mutation test (OPPTS Test Guideline 870.5100); a
ready biodegradability test (OECD Test Guideline 301D) closed bottle
method; a fish early-life stage toxicity test (OPPTS Test Guideline
850.1400); a daphnid chronic toxicity test (OPPTS Test Guideline
850.1300); and an algal toxicity test (OCSPP Test Guideline 850.4500)
would help characterize the human health and environmental effects of
the PMN substance.
CFR citation: 40 CFR 721.10847.
[[Page 32010]]
PMN Number P-14-875
Chemical name: Aryloxyalkyl amine (generic).
CAS number: Claimed confidential.
Basis for action: The PMN states that the substance will be used as
an intermediate. Based on test data on the PMN substance and SAR
analysis of test data on analogous aliphatic amines, EPA predicts
toxicity to aquatic organisms may occur at concentrations that exceed
44 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 44 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 resulting in surface water concentrations exceeding 44 ppb 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 ready
biodegradability test (OECD Test Guideline 301) and an algal toxicity
test (OCSPP Test Guideline 850.4500) would help characterize the
environmental effects of the PMN substance.
CFR citation: 40 CFR 721.10848.
PMN Numbers P-15-115 and P-15-116
Chemical names: (P-15-115) Phenol-biphenyl-formaldehyde
polycondensate (generic); (P-15-116) Polymer of phenol, biphenyl and
resorcinol (generic).
CAS numbers: Claimed confidential.
Basis for action: The PMNs state that the generic (non-
confidential) use of the substances will be in electric molding. Based
on test data on the PMN substances as well as SAR analysis of test data
on analogous phenols, EPA predicts toxicity to aquatic organisms may
occur at concentrations that exceed 5 ppb of the PMN substances in
surface waters. As described in the PMNs, releases of the substances
are not expected to result in surface water concentrations that exceed
5 ppb. Therefore, EPA has not determined that the proposed
manufacturing, processing, or use of the substances may present an
unreasonable risk. EPA has determined, however, that any use resulting
in surface water concentrations exceeding 5 ppb may cause significant
adverse environmental effects. Based on this information, the PMN
substances meet the concern criteria at Sec. 721.170(b)(4)(i) and
(b)(4)(ii).
Recommended testing: EPA has determined that the results of a water
solubility test (OECD Test Guideline 105); 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 substances. Testing may be
conducted on either P-15-115 or P-15-116 and results should include a
GPC analysis of molecular weight distribution.
CFR citations: 40 CFR 721.10849 (P-15-115) and 40 CFR 721.10850 (P-
15-116)
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 2 of the 22
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. 721.160 (see Unit VI.).
In the other 20 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. 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
https://www.epa.gov/opptintr/existingchemicals/pubs/tscainventory/.
VI. Direct Final Procedures
EPA is issuing these SNURs as a direct final rule, as described in
Sec. 721.160(c)(3) and Sec. 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 August 4, 2015 without further notice, unless EPA receives
written adverse or critical comments, or notice of intent to submit
adverse or critical comments before July 6, 2015.
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 July 6, 2015, 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 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
[[Page 32011]]
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 2 of the 22 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 16 of the 22 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 June 5, 2015 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-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 https://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 https://www.oecdbookshop.org or SourceOECD at
https://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. Under recent TSCA section 5(e)
consent orders, each PMN submitter is required to submit each study
before reaching the specified production limit. 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., 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
[[Page 32012]]
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 https://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-2015-0220.
XII. Statutory and Executive Order Reviews
A. Executive Order 12866
This action 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 action. 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
action.
This action 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 action. As
such, EPA has determined that this action 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 action does not have Tribal implications because it is not
expected to have substantial direct effects on Indian Tribes. This
action 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 action.
G. Executive Order 13045
This action is not subject to Executive Order 13045, entitled
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), because this is not an
economically significant regulatory action as defined by Executive
Order 12866, and this action does not address environmental health or
safety risks disproportionately affecting children.
H. Executive Order 13211
This action is not subject to Executive Order 13211, entitled
``Actions Concerning Regulations That
[[Page 32013]]
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: May 28, 2015.
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. 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
------------------------------------------------------------------------
* * * * *
------------------------------------------------------------------------
721.10830.................................................. 2070-0012
721.10831.................................................. 2070-0012
721.10832.................................................. 2070-0012
721.10833.................................................. 2070-0012
721.10834.................................................. 2070-0012
721.10835.................................................. 2070-0012
721.10836.................................................. 2070-0012
721.10837.................................................. 2070-0012
721.10838.................................................. 2070-0012
721.10839.................................................. 2070-0012
721.10840.................................................. 2070-0012
721.10841.................................................. 2070-0012
721.10842.................................................. 2070-0012
721.10843.................................................. 2070-0012
721.10844.................................................. 2070-0012
721.10845.................................................. 2070-0012
721.10846.................................................. 2070-0012
721.10847.................................................. 2070-0012
721.10848.................................................. 2070-0012
721.10849.................................................. 2070-0012
721.10850.................................................. 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. 721.10830 to subpart E to read as follows:
Sec. 721.18030 2-Butene, 1,1,1,4,4,4-hexafluoro-, (2Z)-.
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified as 2-butene,
1,1,1,4,4,4-hexafluoro-, (2Z)- (PMN P-11-549; CAS No. 692-49-9) 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 (o).
(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) through (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
5. Add Sec. 721.10831 to subpart E to read as follows:
Sec. 721.18031 Aluminum phosphate (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
aluminum phosphate (PMN P-13-690) is 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 substance that has been completely reacted
(cured) or entrained into a polymer matrix.
(2) The significant new uses are:
(i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(4) and (a)(6)(1). 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. A National
Institute for Occupational Safety and Health (NIOSH)-certified
respirator with an Assigned Protection Factor (APF) of at least 10 meet
the requirements of Sec. 721.63(a)(4).
(ii) Release to water. Requirements as specified in Sec.
721.90(a)(4), (b)(4), and (c)(4) (N=87).
(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 (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.
[[Page 32014]]
0
6. Add Sec. 721.10832 to subpart E to read as follows:
Sec. 721.10832 Alkyl triazine (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as alkyl
triazine (PMN P-13-872) 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=130).
(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) through (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
7. Add Sec. 721.10833 to subpart E to read as follows:
Sec. 721.10833 Substituted bis 2,6-xylenol (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
substituted bis 2,6-xylenol (PMN P-13-930) is 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 substance that have been incorporated into an
article or has been incorporated into a polymer matrix.
(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)(i), (a)(6)(ii),
(b)(concentration set at 1.0 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 National Institute for Occupational
Safety and Health (NIOSH)-certified respirators with an assigned
protection factor (APF) of at least 50 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) Hazard communication. Requirements as specified in Sec.
721.72(a), (b), (c), (d), (e), (f)(concentration set at 1.0 percent),
(g)(1)(The PMN substance may cause sensitization, eye irritation,
internal organ effects, and developmental effects), (g)(2), (g)(3),
(g)(4)(i), and (g)(5).
(iii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(g) and (q).
(iv) Release to water. (A) Requirements as specified in Sec.
721.90(a)(4), (b)(4), and (c)(4) N=6. However the requirements of Sec.
721.91(a)(4) do not apply. Instead, if control technologies are in
place to treat the waste stream containing the PMN substance, the
amount of the PMN substance reasonably likely to be removed from the
waste stream by such treatment may be subtracted in calculating the
number of kilograms releases. No more than 40 percent removal
efficiency may be attributed to such treatment.
(B) In lieu of calculating the quotient, monitoring or alternative
calculations may be used to predict the surface water concentrations
expected to result from the intended release of the substance, if the
monitoring procedures or calculations have been approved for such
purposes by EPA.
(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 (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)(iii)
of this section.
0
8. Add Sec. 721.10834 to subpart E to read as follows:
Sec. 721.10834 Heteropolycyclic diacrylate (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
heteropolycyclic diacrylate (PMN P-14-20) 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)(2)(iii), (a)(3), (a)(4), (a)(6)(i),
(a)(6)(ii), (b) (concentration set at 1.0 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 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.
(ii) Release to water. Requirements as specified in Sec.
721.90(a)(4), (b)(4), and (c)(4) (N=120).
(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 (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
9. Add Sec. 721.10835 to subpart E to read as follows:
Sec. 721.10835 1,6-Hexanediamine, N1-(6-aminohexyl)-, polymer with 2-
(chloromethyl)oxirane, N-(dithiocarboxy) derivs., sodium salts.
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified as 1,6-Hexanediamine,
N1-(6-aminohexyl)-, polymer with 2-(chloromethyl)oxirane, N-
(dithiocarboxy) derivs., sodium salts
[[Page 32015]]
(PMN P-14-66; CAS No. 1459738-70-5) 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) through (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
10. Add Sec. 721.10836 to subpart E to read as follows:
Sec. 721.10836 Dimethylaminoalkyl alkene amide (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
dimethylaminoalkyl alkene amide (PMN P-14-209) is subject to reporting
under this section for the significant new uses described in paragraph
(a)(2) of this section.
(2) The significant new uses are:
(i) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(j).
(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) through (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
11. Add Sec. 721.10837 to subpart E to read as follows:
Sec. 721.10837 Substituted naphthalene polymer glycidyl ether
(generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
substituted naphthalene polymer glycidyl ether (PMN P-14-452) 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) through (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
12. Add Sec. 721.10838 to subpart E to read as follows:
Sec. 721.10838 Alkylpolycarboxylic acid, derivative,
tris(fluorinatedalkoxy)alkyl ester salt (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
alkylpolycarboxylic acid, derivative, tris(fluorinatedalkoxy)alkyl
ester salt (PMN P-14-473) 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=6).
(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) through (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
13. Add Sec. 721.10839 to subpart E to read as follows:
Sec. 721.10839 Tricyclo[3.3.1.13,7]decan-1-amine, N,N-dimethyl-.
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified as
tricyclo[3.3.1.13,7]decan-1-amine, N,N-dimethyl- (PMN P-14-476; CAS No.
3717-40-6) 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=8).
(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) through (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
14. Add Sec. 721.10840 to subpart E to read as follows:
Sec. 721.10840 Sulfosuccinic acid ester, alkylamine derivs., sodium
salt (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
sulfosuccinic acid ester, alkylamine derivs., sodium salt (PMN P-14-
510) 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=94).
(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) through (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
15. Add Sec. 721.10841 to subpart E to read as follows:
Sec. 721.10841 Bismuth nitrate oxide (Bi3(NO3)O4).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified as bismuth nitrate
oxide (Bi3(NO3)O4) (PMN P-14-603; CAS
No. 1417164-49-8) 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), 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
[[Page 32016]]
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 respirator with an
assigned protection factor (APF) of at least 10 meets the minimum
requirements for Sec. 721.63(a)(4): NIOSH-certified air-purifying
elastomeric half-mask respirator equipped with N100 (if oil aerosols
absent), R100, or P100 filters.
(ii) Industrial commercial, and consumer activities. Requirements
as specified in Sec. 721.80(j).
(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 (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.
(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. 721.10842 to subpart E to read as follows:
Sec. 721.10842 Substituted cyclosiloxane (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
substituted cyclosiloxane (PMN P-14-605) 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. A significant
new use is any use other than as a refractive index modifier component
for light-emitting diode (LED) chips.
(ii) Release to water. Requirements as specified in Sec.
721.90(a)(1), (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) through (c), (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
17. Add Sec. 721.10843 to subpart E to read as follows:
Sec. 721.10843 Substituted amide aromatic carboxylic acid, metal salt
(generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substances identified generically as
substituted amide aromatic carboxylic acid, metal salt (PMNs P-14-666
and P-14-668) 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) Industrial commercial, and consumer activities. Requirements as
specified in Sec. 721.80(j).
(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) through (c), and (i) 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)(i) of
this section.
0
18. Add Sec. 721.10844 to subpart E to read as follows:
Sec. 721.10844 Graphene nanoplatelets having a predominant thickness
of 1-10 layers with lateral dimension predominantly less than 2
microns.
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified as graphene
nanoplatelets having a predominant thickness of 1-10 layers with
lateral dimension predominantly less than 2 microns (PMN P-14-763) is
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 substance that have been
embedded or incorporated into a polymer matrix that itself has been
reacted (cured); embedded in a permanent solid polymer form that is not
intended to undergo further processing, except mechanical processing;
or imported into an article as defined at 40 CFR 720.3(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), (a)(6)(i),
(a)(6)(ii), (b) (concentration set at 1.0 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 National Institute for
Occupational Safety and Health (NIOSH)-certified respirators meet the
requirements of Sec. 721.63(a)(4):
(A) NIOSH-certified power air-purifying, tight-fitting full-face
respirator equipped with an N-100, P-100, or R-100 cartridge.
(B) NIOSH-certified power air-purifying particulate respirator with
an assigned protection factor (APF) of at least 50.
(ii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(k), (q), and (y)(1).
(iii) Release to water. Requirements as specified in Sec.
721.90(a)(1), (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) through (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
19. Add Sec. 721.10845 to subpart E to read as follows:
Sec. 721.10845 Methanaminium, N-[4-[[4-
(dimethylamino)phenyl]phenylmethylene]-2,5-cyclohexadien-1-ylidene]-N-
methyl-, ethanedioate, ethanedioate (2:2:1).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified as methanaminium, N-
[4-[[4-(dimethylamino)phenyl]phenylmethylene]-2,5-cyclohexadien-1-
ylidene]-N-methyl-, ethanedioate, ethanedioate (2:2:1) (PMN P-14-781;
CAS No. 2437-29-8) 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).
[[Page 32017]]
(ii) Release to water. Requirements as specified in Sec.
721.90(a)(4), (b)(4), and (c)(4) (N=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) through (c), (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
20. Add Sec. 721.10846 to subpart E to read as follows:
Sec. 721.10846 Sulfurized hydrocarbon (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
sulfurized hydrocarbon (PMN P-14-811) 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 where less
than 80 percent of the low molecular weight species are greater than
1,000 daltons.
(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) through (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
21. Add Sec. 721.10847 to subpart E to read as follows:
Sec. 721.10847 Oxiranemethanaminium, N,N,N-trimethyl-, bromide.
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified as
oxiranemethanaminium, N,N,N-trimethyl-, bromide (PMN P-14-821; CAS No.
13895-77-7) 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) Industrial commercial, and consumer activities. Requirements as
specified in Sec. 721.80(v)(1), (w)(1), and (x)(1).
(ii) Release to water. Requirements as specified in Sec.
721.90(a)(4), (b)(4), and (c)(4) (N=28).
(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 (c), (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
22. Add Sec. 721.10848 to subpart E to read as follows:
Sec. 721.10848 Aryloxyalkyl amine (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
aryloxyalkyl amine (PMN P-14-875) 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=44).
(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) through (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. 721.10849 to subpart E to read as follows:
Sec. 721.10849 Phenol-biphenyl-formaldehyde polycondensate (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as phenol-
biphenyl-formaldehyde polycondensate (PMN P-15-115) 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=5).
(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) through (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. 721.10850 to subpart E to read as follows:
Sec. 721.10850 Polymer of phenol, biphenyl and resorcinol (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as polymer
of phenol, biphenyl and resorcinol (PMN P-15-116) 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=5).
(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) through (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.
[FR Doc. 2015-13670 Filed 6-4-15; 8:45 am]
BILLING CODE 6560-50-P