Modification of Significant New Uses of Certain Chemical Substances, 37161-37166 [2015-15917]
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Federal Register / Vol. 80, No. 125 / Tuesday, June 30, 2015 / Rules and Regulations
Dated: June 18, 2015.
Ron Curry,
Regional Administrator, Region 6.
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
FOR FURTHER INFORMATION CONTACT:
[FR Doc. 2015–15910 Filed 6–29–15; 8:45 am]
BILLING CODE 6560–50–P
[EPA–R06–OAR–2011–0079; FRL–9929–69–
Region 6]
Approval and Promulgation of
Implementation Plans; Texas; Revision
To Control Volatile Organic Compound
Emissions From Storage Tanks and
Transport Vessels
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 721
[EPA–HQ–OPPT–2014–0649; FRL–9928–93]
RIN 2070–AB27
Environmental Protection
Agency (EPA).
AGENCY:
ACTION:
Withdrawal of direct final rule.
The Environmental Protection
Agency (EPA) is withdrawing a direct
final rule published on May 13, 2015
because relevant adverse comments
were received. The rule pertained to
EPA approval of a Texas State
Implementation Plan (SIP) revision for
control of volatile organic compound
(VOC) emissions from degassing of
storage tanks, transport vessels and
marine vessels. In a separate subsequent
final rulemaking EPA will address the
comments received.
SUMMARY:
The direct final rule published at
80 FR 27251 on May 13, 2015, is
withdrawn effective June 30, 2015.
DATES:
FOR FURTHER INFORMATION CONTACT:
Mr.
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Robert M. Todd, (214) 665–2156,
todd.robert@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document wherever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
the EPA. On May 13, 2015 we published
a direct final rule approving a Texas
State Implementation Plan (SIP)
revision for control of volatile organic
compound (VOC) emissions from
degassing of storage tanks, transport
vessels and marine vessels (80 FR
27251). The direct final rule was
published without prior proposal
because we anticipated no adverse
comments. We stated in the direct final
rule that if we received relevant adverse
comments by June 12, 2015 we would
publish a timely withdrawal in the
Federal Register. We received relevant
adverse comments and accordingly are
withdrawing the direct final rule. In a
separate subsequent final rulemaking
we will address the comments received.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
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Modification of Significant New Uses
of Certain Chemical Substances
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is amending the
significant new use rules (SNURs) under
section 5(a)(2) of the Toxic Substances
Control Act (TSCA) for 21 chemical
substances which were the subject of
premanufacture notices (PMNs). This
action amends the SNURs to allow
certain uses without requiring a
significant new use notice (SNUN), and
extends SNUN requirements to certain
additional uses. EPA is amending these
SNURs based on review of new data for
each chemical substance. This action
requires persons who intend to
manufacture (including import) or
process any of these 21 chemical
substances for an activity that is
designated as a significant new use by
this proposed rule to notify EPA at least
90 days before commencing that
activity. The required notification
would provide EPA with the
opportunity to evaluate the intended
use and, if necessary, to prohibit or limit
that activity before it occurs.
DATES: This final rule is effective August
31, 2015.
ADDRESSES: The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPPT–2014–0649, is
available at https://www.regulations.gov
or at the Office of Pollution Prevention
and Toxics Docket (OPPT Docket),
Environmental Protection Agency
Docket Center (EPA/DC), West William
Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW., Washington,
DC. The Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal
holidays. The telephone number for the
Public Reading Room is (202) 566–1744,
and the telephone number for the OPPT
Docket is (202) 566–0280. Please review
the visitor instructions and additional
information about the docket available
at https://www.epa.gov/dockets.
SUMMARY:
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37161
For technical information contact: Jim
Alwood, Chemical Control Division,
Office of Pollution Prevention and
Toxics, Environmental Protection
Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460–0001; telephone
number: 202–564–8974; email address:
alwood.jim@epa.gov.
For general information contact: The
TSCA-Hotline, ABVI-Goodwill, 422
South Clinton Ave., Rochester, NY
14620; telephone number: (202) 554–
1404; email address: TSCA-Hotline@
epa.gov.
SUPPLEMENTARY INFORMATION:
I. Does this action apply to me?
You may be potentially affected by
this action if you manufacture, process,
or use the chemical 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 a modified
SNUR must certify their compliance
with the SNUR requirements. The EPA
policy in support of import certification
appears at 40 CFR part 707, subpart B.
In addition, any persons who export or
intend to export the chemical substance
that is the subject of a 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.
II. Background
A. What action is the Agency taking?
In the Federal Register of April 9,
2015 (80 FR 19037) (FRL–9924–10),
EPA proposed amendments to the
SNURs for 24 chemical substances in 40
CFR part 721 subpart E. This action
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would require persons who intend to
manufacture or process these chemical
substances for an activity that is
designated as a significant new use by
these amended rules to notify EPA at
least 90 days before commencing that
activity. 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. The proposed rule
included 23 chemical substances where
EPA determined, based on new
information, there is no need to require
additional notice from persons who
propose to engage in identical or similar
activities, or a rational basis no longer
exists for the findings that activities
involving the substance may present an
unreasonable risk of injury to human
health or the environment required
under section 5(e)(1)(A) of the Act. The
proposed rule also included a chemical
substance, P–01–781, where EPA is
modifying the chemical identity
information. EPA is issuing a final
SNUR amendment for 21 of the 24
chemical substances. For 20 of those
chemical substances, EPA received no
public comments and is issuing the
SNURs as proposed. For the chemical
substance subject to the SNUR at 40
CFR 721.10182, EPA received three
public comments supporting the
proposed SNUR amendments. One of
those comments also asked EPA to
clarify if the final modified rule would
allow uses of the chemical substance
either alone or as a component in a
blend in retail food, cold storage,
transport and industrial refrigeration
units; commercial refrigeration, ice
machines, and refrigerated vending
machines produced by original
equipment manufacturers; and
servicing, repair, and recharging
refrigeration units at grocery stores,
convenience stores, transport, and cold
storage facilities. As described in the
proposed rule, EPA had already
evaluated stationary refrigeration uses
in a previous SNUN, S–14–11 and did
not determine that those uses caused
significant adverse health effects. After
publication of the proposed rule, EPA
reached decision on an additional
SNUN, S–15–5, for this chemical
substance for stationary and transport
refrigeration uses currently not allowed
in the SNUR. Because the Agency
expects transport refrigeration uses will
have similar exposures to those for
stationary uses and the hazard findings
have not changed, EPA did not
determine that those uses caused
significant adverse health effects.
Therefore the final SNUR amendment
will allow the transport refrigeration
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uses described in S–15–5 and the
stationery refrigeration uses described
in S–15–5 and S–14–11, which includes
the uses described by the commenter.
As described in the proposed rule EPA
is now amending the SNURs pursuant
to 40 CFR 721.185.
EPA received public comments for the
proposed SNUR amendments for the
remaining three chemical substances of
the 24 included in the proposed rule
subject to SNURs at 40 CFR 721.5575,
721.9675, and 721.10515. EPA will
address these three proposed SNUR
amendments in a separate action.
B. What is the Agency’s authority for
taking this action?
Upon conclusion of the review of the
21 chemical substances in this SNUR
amendment, EPA designated certain
activities as significant new uses. Under
§ 721.185, EPA may at any time amend
a SNUR for a chemical substance which
has been added to subpart E of 40 CFR
part 721 if EPA makes one of the
determinations set forth in § 721.185.
Amendments may occur on EPA’s
initiative or in response to a written
request. Under § 721.185(b)(3), if EPA
concludes that a SNUR should be
amended, the Agency will propose the
changes in the Federal Register, briefly
describe the grounds for the action, and
provide interested parties an
opportunity to comment. Pursuant to
§ 721.185 and as described in Unit IV of
the proposed rule for the 20 chemical
substances EPA determined, based on
new information, there is no need to
require additional notice from persons
who propose to engage in identical or
similar activities, or a rational basis no
longer exists for the findings that
activities involving the substance may
present an unreasonable risk of injury to
human health or the environment
required under section 5(e)(1)(A) of the
Act. This rule also includes a chemical
substance, P–01–781, where EPA is
modifying the chemical identity
information.
III. Applicability of the Rule to Uses
Occurring Before Effective Date of the
Final Rule
If uses begun after the proposed rule
was published were considered ongoing
rather than new, any person could
defeat the SNUR by initiating the
significant new use before the final rule
was issued. Therefore EPA has
designated the date of publication of the
proposed rule as the cutoff date for
determining whether the new use is
ongoing. Consult the Federal Register
Notice of April 24, 1990 (55 FR 17376)
for a more detailed discussion of the
cutoff date for ongoing uses.
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Any person who began commercial
manufacture or processing activities of
the chemical substances in this rule for
any of the significant new uses
designated in the proposed SNUR after
the date of publication of the proposed
SNUR, must stop that activity before the
effective date of the final rule. Persons
who ceased those activities will have to
first comply with all applicable SNUR
notification requirements and wait until
the notice review period, including any
extensions, expires, before engaging in
any activities designated as significant
new uses. If a person were to meet the
conditions of advance compliance
under § 721.45(h), the person would be
considered to have met the
requirements of the final SNUR for
those activities.
IV. Test Data and Other Information
EPA recognizes that TSCA section 5
does not require the development of any
particular test data before submission of
a SNUN. The two exceptions are:
1. Development of test data is
required where the chemical substance
subject to the SNUR is also subject to a
test rule under TSCA section 4 (see
TSCA section 5(b)(1)).
2. Development of test data may be
necessary where the chemical substance
has been listed under TSCA section
5(b)(4) (see TSCA section 5(b)(2)).
In the absence of a TSCA section 4
test rule or a TSCA section 5(b)(4)
listing covering the chemical substance,
persons are required only to submit test
data in their possession or control and
to describe any other data known to or
reasonably ascertainable by them (see
§ 720.50). However, upon review of
PMNs and SNUNs, the Agency has the
authority to require appropriate testing.
In this case, EPA recommends 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. ASTM
International standards are available at
https://www.astm.org/Standard/
index.shtml.
The recommended testing specified in
Unit IV. of the proposed rule may not
be the only means of addressing the
potential risks of the chemical
substance. However, SNUNs submitted
without any test data may increase the
likelihood that EPA will take action
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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.
V. SNUN Submissions
According to 40 CFR 721.1(c), persons
submitting a SNUN must comply with
the same notice requirements and EPA
regulatory procedures as persons
submitting a PMN, including
submission of test data on health and
environmental effects as described in
§ 720.50. SNUNs must be on EPA Form
No. 7710–25, generated using e-PMN
software, and submitted to the Agency
in accordance with the procedures set
forth in §§ 721.25 and 720.40. E–PMN
software is available electronically at
https://www.epa.gov/opptintr/newchems.
VI. Economic Analysis
EPA evaluated the potential costs of
SNUN requirements for potential
manufacturers and processors of the
chemical substances in the rule. The
Agency’s complete Economic Analysis
is available in the docket under docket
ID number EPA–HQ–OPPT–2014–0649.
VII. Statutory and Executive Order
Reviews
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A. Executive Order 12866
This action will modify SNURs for 21
chemical substances that were the
subject of PMNs. 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
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Federal Register, are listed in 40 CFR
part 9, and included on the related
collection instrument or form, if
applicable. EPA is amending the table in
40 CFR part 9 to list the OMB approval
number for the information collection
requirements contained in this rule.
This listing of the OMB control numbers
and their subsequent codification in the
CFR satisfies the display requirements
of PRA and OMB’s implementing
regulations at 5 CFR part 1320. This
Information Collection Request (ICR)
was previously subject to public notice
and comment prior to OMB approval,
and given the technical nature of the
table, EPA finds that further notice and
comment to amend it is unnecessary. As
a result, EPA finds that there is ‘‘good
cause’’ under section 553(b)(3)(B) of the
Administrative Procedure Act, 5 U.S.C.
553(b)(3)(B), to amend this table without
further notice and comment.
The information collection
requirements related to this action have
already been approved by OMB
pursuant to PRA under OMB control
number 2070–0012 (EPA ICR No. 574).
This action does not impose any burden
requiring additional OMB approval. If
an entity were to submit a SNUN to the
Agency, the annual burden is estimated
to average between 30 and 170 hours
per response. This burden estimate
includes the time needed to review
instructions, search existing data
sources, gather and maintain the data
needed, and complete, review, and
submit the required SNUN.
Send any comments about the
accuracy of the burden estimate, and
any suggested methods for minimizing
respondent burden, including through
the use of automated collection
techniques, to the Director, Collection
Strategies Division, Office of
Environmental Information (2822T),
Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington,
DC 20460–0001. Please remember to
include the OMB control number in any
correspondence, but do not submit any
completed forms to this address.
C. Regulatory Flexibility Act (RFA)
On February 18, 2012, EPA certified
pursuant to RFA section 605(b) (5 U.S.C.
601 et seq.), that promulgation of a
SNUR does not have a significant
economic impact on a substantial
number of small entities where the
following are true:
1. A significant number of SNUNs
would not be submitted by small
entities in response to the SNUR.
2. The SNUN submitted by any small
entity would not cost significantly more
than $8,300.
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A copy of that certification is
available in the docket for this rule.
This rule is within the scope of the
February 18, 2012 certification. Based
on the Economic Analysis discussed in
Unit VI and EPA’s experience
promulgating SNURs (discussed in the
certification), EPA believes that the
following are true:
• A significant number of SNUNs
would not be submitted by small
entities in response to the SNUR.
• Submission of the SNUN would not
cost any small entity significantly more
than $8,300.
Therefore, the promulgation of the
SNUR would not have a significant
economic impact on a substantial
number of small entities.
D. Unfunded Mandates Reform Act
(UMRA)
Based on EPA’s experience with
proposing and finalizing SNURs, State,
local, and Tribal governments have not
been impacted by these rulemakings,
and EPA does not have any reasons to
believe that any State, local, or Tribal
government will be impacted by this
final rule. As such, EPA has determined
that this rule would not impose any
enforceable duty, contain any unfunded
mandate, or otherwise have any effect
on small governments subject to the
requirements of sections 202, 203, 204,
or 205 of the UMRA sections 202, 203,
204, or 205 (2 U.S.C. 1501 et seq.).
E. Executive Order 13132
This action would not have a
substantial direct effect on States, on the
relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132, entitled
‘‘Federalism’’ (64 FR 43255, August 10,
1999).
F. Executive Order 13175
This rule would not have Tribal
implications because it is not expected
to have substantial direct effects on
Indian Tribes. This rule would not
significantly nor uniquely affect the
communities of Indian Tribal
governments, nor does it involve or
impose any requirements that affect
Indian Tribes. Accordingly, the
requirements of Executive Order 13175,
entitled ‘‘Consultation and
Coordination with Indian Tribal
Governments’’ (65 FR 67249, November
9, 2000), do not apply to this rule.
G. Executive Order 13045
This action is not subject to Executive
Order 13045, entitled ‘‘Protection of
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Children from Environmental Health
Risks and Safety Risks’’ (62 FR 19885,
April 23, 1997), because this is not an
economically significant regulatory
action as defined by Executive Order
12866, and this action does not address
environmental health or safety risks
disproportionately affecting children.
H. Executive Order 13211
This action is not subject to Executive
Order 13211, entitled ‘‘Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May
22, 2001), because this action is not
expected to affect energy supply,
distribution, or use and because this
action is not a significant regulatory
action under Executive Order 12866.
I. National Technology Transfer and
Advancement Act (NTTAA)
In addition, since this action does not
involve any technical standards,
NTTAA section 12(d) (15 U.S.C. 272
note), does not apply to this action.
J. Executive Order 12898
This action does not entail special
considerations of environmental justice
related issues as delineated by
Executive Order 12898, entitled
‘‘Federal Actions to Address
Environmental Justice in Minority
Populations and Low-Income
Populations’’ (59 FR 7629, February 16,
1994).
VIII. Congressional Review Act (CRA)
Pursuant to the Congressional Review
Act (5 U.S.C. 801 et seq.), EPA will
submit a report containing this rule and
other required information to the U.S.
Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of the rule in the Federal
Register. This action is not a ‘‘major
rule’’ as defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 721
Environmental protection, Chemicals,
Hazardous substances, Reporting and
recordkeeping requirements.
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Dated: June 18, 2015.
Maria J. Doa,
Director, Chemical Control Division, Office
of Pollution Prevention and Toxics.
Therefore, 40 CFR chapter I is
amended as follows:
PART 721—[AMENDED]
1. The authority citation for part 721
continues to read as follows:
■
Authority: 15 U.S.C. 2604, 2607, and
2625(c).
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2. Amend § 721.522 by revising
paragraphs (a)(1) and (a)(2)(i) to read as
follows:
■
§ 721.522 Oxirane, methyl-, polymer with
oxirane, mono (3,5,5,-trimethylhexyl) ether.
(a) * * *
(1) The chemical substance identified
as oxirane, methyl-, polymer with
oxirane, mono (3,5,5,-trimethylhexyl)
ether (PMN P–99–669, SNUN S–09–1,
and SNUN S–13–29; CAS No. 204336–
40–3) is subject to reporting under this
section for the significant new uses
described in paragraph (a)(2) of this
section.
(2) * * *
(i) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80. A significant new
use is use other than as a wetting agent,
dispersing agent and defoaming/
deaerating agent in waterborne coatings,
inks, and paints, water based adhesives,
and ultraviolet curable coatings; wetting
agent in water miscible metalworking
fluids, powdered construction additives
for use in cementitious mortars, grouts
and tile adhesives, and in liquid
admixtures for concrete; and a substrate
wetting and anticratering additive for
ultraviolet curable inkjet ink.
*
*
*
*
*
■ 3. Amend § 721.532 as follows:
■ a. Revise the section heading.
■ b. Revise paragraph (a)(1).
■ c. Revise paragraph (a)(2)(i).
■ d. Add paragraph (a)(3).
■ e. Revise paragraph (b)(1).
The revisions and addition read as
follows:
§ 721.532
acetate.
1-Butanol, 3-methoxy-3-methyl-,
(a) * * *
(1) The chemical substance identified
as 1-butanol, 3-methoxy-3-methyl-,
acetate (PMN P–00–618; SNUN S–05–
03; and SNUN S–11–4; CAS No.
103429–90–9) is subject to reporting
under this section for the significant
new uses described in paragraphs (a)(2)
and (a)(3) of this section.
(2) * * *
(i) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80. The significant
new use is any use other than the use
described in P–00–618.
*
*
*
*
*
(3) The significant new uses for any
use other than the use described in P–
00–618:
(i) Protection in the workplace.
Requirements as specified in
§ 721.63(a)(1), (a)(3)(i), (b)
(concentration set at 0.1 percent), and
(c). When determining which persons
are reasonably likely to be exposed as
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required for § 721.63(a)(1) 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. Butyl rubber
gloves with a minimum thickness of
16.6 mils or Silver shield gloves with a
minimum thickness of 2.7 mils have
been tested in accordance with the
American Society for Testing Materials
(ASTM) F739 method and found by EPA
to satisfy the consent orders and
§ 721.63(a)(2)(i) requirements for dermal
protection to 100 percent chemical
substance. Silver Shield gloves with a
minimum thickness of 2.7 mils have
been tested in accordance with the
American Society for Testing Materials
(ASTM) F739 method and found by EPA
to satisfy the consent orders and
§ 721.63(a)(2)(i) requirements for dermal
protection for paint formulations where
concentrations of the chemical
substance is 10% or less. Gloves and
other dermal protection may not be used
for a time period longer than they are
actually tested and must be replaced at
the end of each work shift.
(ii) Hazard communication program.
Requirements as specified in
§ 721.72(a), (b) (concentration set at 0.1
percent), (c), (d), (f), (g)(1)(iv), (g)(1)(iv),
(g)(2)(i), (g)(2)(ii), (g)(2)(iii), (g)(2)(v),
(g)(2)(v), and (g)(5).
(iii) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80(f), (o), and any
application method that generates a
vapor, mist, or aerosol when the percent
concentration of the SNUN substance in
the final product exceeds 10%.
(b) * * *
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (i) are applicable to
manufacturers and processors of this
substance.
*
*
*
*
*
■ 4. Amend § 721.633 as follows:
■ a. Revise paragraph (a)(1).
■ b. Revise paragraph (a)(2)(i).
■ c. Remove paragraph (a)(2)(iii).
■ d. Revise paragraph (b)(1).
The revisions read as follows:
§ 721.633
Aluminosilicates, phospho-.
(a) * * *
(1) The chemical substance identified
as aluminosilicates, phospho- (PMN P–
98–1275 and SNUN S–11–10; CAS No.
201167–69–3) is subject to reporting
under this section for the significant
new uses described in paragraph (a)(2)
of this section.
(2) * * *
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(i) Protection in the workplace.
Requirements as specified in
§ 721.63(a)(4), (b), and (c). When
determining which persons are
reasonably likely to be exposed as
required for § 721.63(a)(4) engineering
control measures (e.g., enclosure or
confinement of the operation, general
and local ventilation) or administrative
control measures (e.g., workplace
policies and procedures) shall be
considered and implemented to prevent
exposure, where feasible. The following
NIOSH-certified respirators with an APF
of at least 50 meet the requirements of
§ 721.63(a)(4): NIOSH-certified airpurifying, tight-fitting full-face
respirator equipped with N100 (if oil
aerosols absent), R100, or P100 filters;
NIOSH-certified powered air-purifying
respirator equipped with a tight-fitting
full facepiece and high efficiency
particulate air (HEPA) filters; NIOSHcertified supplied-air respirator
operated in positive pressure demand or
continuous flow mode and equipped
with a hood, or helmet or tight-fitting
facepiece. As an alternative to the
respiratory requirements listed here, a
manufacturer or processor may choose
to follow the New Chemical Exposure
Limit (NCEL) provisions listed in the
TSCA section 5(e) consent order for
these substances. The NCEL is 0.1 mg/
m3 as an 8-hour time weighted average
verified by actual monitoring data.
*
*
*
*
*
(b) * * *
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a), (b), (c), (d), (f), (g), and (h)
are applicable to manufacturers and
processors of this substance.
*
*
*
*
*
■ 5. Amend § 721.2076 by revising
paragraphs (a)(1) and (a)(2)(i) to read as
follows:
asabaliauskas on DSK5VPTVN1PROD with RULES
§ 721.2076 D-Glucuronic acid, polymer
with 6-deoxy-L-mannose and D-glucose,
acetate, calcium magnesium potassium
sodium salt.
(a) * * *
(1) The chemical substance identified
as D-Glucuronic acid, polymer with 6deoxy-L-mannose and D-glucose,
acetate, calcium magnesium potassium
sodium salt (PMN P–00–7; SNUN S–05–
1; SNUN S–06–4; SNUN S–07–03; and
SNUN S–07–5; CAS No. 125005–87–0)
is subject to reporting under this section
for the significant new use described in
paragraph (a)(2) of this section.
(2) * * *
(i) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80. The significant
new use is any use other than
manufacture of the substance where
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greater than 5 percent of the chemical
substance consists of particle sizes
below 10 microns.
*
*
*
*
*
■ 6. Amend § 721.5185 as follows:
■ a. Revise paragraph (a)(1).
■ b. Revise paragraph (a)(2)(iii).
■ c. Add paragraph (a)(2)(iv).
■ d. Revise paragraph (b)(1).
The revisions and addition read as
follows:
§ 721.5185 2-Propen-1-one, 1-(4morpholinyl)-.
(a) * * *
(1) The chemical substance identified
as 2-Propen-1-one, 1-(4-morpholinyl)(PMN P–95–169; SNUN S–08–7; and
SNUN S–14–1; CAS No. 5117–12–4) is
subject to reporting under this section
for the significant new uses described in
paragraph (a)(2) of this section. The
requirements of this rule do not apply
to quantities of the chemical substance
after it has been completely reacted
(cured) because 2-Propen-1-one, 1-(4morpholinyl)- will no longer exist.
(2) * * *
(iii) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80(y)(1). It is a
significant new use to use the chemical
substance for any use other than as a
monomer for use in ultraviolet ink jet
applications unless the chemical
substance is processed and used in an
enclosed process.
(iv) Release to water. Requirements as
specified in § 721.90(a)(4), (b)(4), and
(c)(4) (N = 100).
(b) * * *
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (i) and (k) are
applicable to manufacturers and
processors of this chemical substance.
*
*
*
*
*
■ 7. Amend § 721.5645 by revising
paragraphs (a)(1) and (a)(2)(i) to read as
follows:
§ 721.5645 Pentane 1,1,1,2,3,4,4,5,5,5,decafluoro.
(a) * * *
(1) The chemical substance identified
as pentane 1,1,1,2,3,4,4,5,5,5,decafluoro (PMN P–95–638, SNUN P–
97–79, and SNUN S–06–8; CAS No.
138495–42–8) is subject to reporting
under this section for the significant
new uses described in paragraph (a)(2)
of this section.
(2) * * *
(i) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80. A significant new
use is any use of the substance other
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37165
than the uses as described in P–95–638,
P–97–79, or S–06–8.
*
*
*
*
*
■ 8. Amend § 721.5713 by revising
paragraphs (a)(1) and (a)(2)(i) to read as
follows:
§ 721.5713 Phenol—biphenyl polymer
condensate (generic).
(a) * * *
(1) The chemical substance identified
generically as a phenol—biphenyl
polymer condensate (PMN P–00–1220
and S–07–2) is subject to reporting
under this section for the significant
new use described in paragraph (a)(2) of
this section.
(2) * * *
(i) Release to water. Requirements as
specified § 721.90(a)(4), (b)(4), and (c)(4)
(N = 5).
*
*
*
*
*
■ 9. Amend § 721.8145 by revising
paragraphs (a)(1) and (a)(2)(i) to read as
follows:
§ 721.8145 Propane,1,1,1,2,2,3,3heptafluoro-3-methoxy-.
(a) * * *
(1) The chemical substance identified
as propane,1,1,1,2,2,3,3-heptafluoro-3methoxy- (PMN P–01–320; SNUN S–04–
2; and SNUN 11–1; CAS No. 375–03–1)
is subject to reporting under this section
for the significant new use described in
paragraph (a)(2) of this section.
(2) * * *
(i) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80. A significant new
use is any use of the chemical substance
other than as a heating transfer fluid,
refrigerant, flush cleaning, foam
blowing, deposition coatings, histology
baths, vapor degreasing, and industrial
and commercial aerosol spray cleaning.
*
*
*
*
*
■ 10. Amend § 721.9501 by revising
paragraph (a)(1) to read as follows:
§ 721.9501 Silane, triethoxy[3oxiranylmethoxy)propyl]-.
(a) * * *
(1) The chemical substance identified
as silane, triethoxy[3oxiranylmethoxy)propyl]- (PMN P–01–
781; CAS No. 2602–34–8) is subject to
reporting under this section for the
significant new use described in
paragraph (a)(2) of this section.
*
*
*
*
*
■ 11. Amend § 721.9502 by revising
paragraphs (a)(1) and (a)(2)(i) to read as
follows:
§ 721.9502 Siloxanes and silicones,
aminoalkyl, fluorooctyl, hydroxy-terminated
salt (generic).
(a) * * *
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(1) The chemical substance identified
generically as siloxanes and silicones,
aminoalkyl, fluorooctyl, hydroxyterminated salt (PMN P–00–1132 and
SNUN S–11–5) is subject to reporting
under this section for the significant
new use described in paragraph (a)(2) of
this section.
(2) * * *
(i) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80(y)(1). A significant
new use is any use of the chemical
substance other than in graffiti systems,
as surface treatment and additive for
coatings, adhesives, sealants, paste,
insulation and textiles for porous, nonporous, ceramic, metal, glass, plastic,
wood and leather surfaces or a surface
treatment agent for inorganic filler
particles.
*
*
*
*
*
■ 12. Amend § 721.9595 by revising the
section heading and paragraphs (a)(1)
and (a)(2)(i) to read as follows:
§ 721.9595 Benzenesulfonic acid, mono
C-10–16-alkyl derivs., compounds with 2propen-1-amine and Alkyl benzene sulfonic
acids and alkyl sulfates, amine salts.
(a) * * *
(1) The chemical substances
identified as benzenesulfonic acid,
mono C-10–16-alkyl derivs., compds. with
2-propen-1-amine (PMN P–97–296 and
SNUN S–03–10; CAS No. 195008–77–6)
and the chemical substances identified
generically as alkyl benzene sulfonic
acids and alkyl sulfates, amine salts
(PMNs P–97–297/298/299 and SNUNs
S–03–11/12/13) are subject to reporting
under this section for the significant
new uses described in paragraph (a)(2)
of this section.
(2) * * *
(i) Release to water. Requirements as
specified in § 721.90(a)(4), (b)(4), and
(c)(4) N = 30.
*
*
*
*
*
■ 13. Amend § 721.9892 by revising the
section heading and paragraphs (a)(1)
and (a)(2)(i) to read as follows:
asabaliauskas on DSK5VPTVN1PROD with RULES
§ 721.9892
1,3-Dimethyl-2-imidazolidinone.
(a) * * *
(1) The chemical substance identified
as 1,3-Dimethyl-2-imidazolidinone
(PMN P–93–1649, SNUN S–04–3 and S–
11–3; CAS No. 80–73–9) is subject to
reporting under this section for the
significant new uses described in
paragraph (a)(2) of this section.
(2) * * *
(iii) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80(q). A significant
new use is non-industrial use other than
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the commercial uses described in the S–
04–3 and S–11–3.
*
*
*
*
*
■ 14. Amend § 721.10008 as follows:
■ a. Revise paragraph (a)(2)(ii).
■ b. Remove paragraph (a)(2)(iii).
■ c. Revise paragraph (b)(1).
■ b. Remove paragraph (b)(3).
The revisions read as follows:
§ 721.10008
(MnSrO3).
Manganese strontium oxide
(a) * * *
(2) * * *
(ii) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80(k) (manufacture,
processing, or use of the PMN substance
if the particle size is less than 10
microns).
(b) * * *
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a), (b), (c), (f), (g), (h), and (i)
are applicable to manufacturers and
processors of this substance.
*
*
*
*
*
■ 15. Amend § 721.10182 by revising
paragraphs (a)(1) and (a)(2)(i) to read as
follows:
§ 721.10182
1-Propene, 2,3,3,3-tetrafluoro-.
(a) * * *
(1) The chemical substance identified
as 1-propene, 2,3,3,3-tetrafluoro- (PMN
P–07–601, SNUN S–14–11, and SNUN
S–15–5; CAS No. 754–12–1) is subject to
reporting under this section for the
significant new uses described in
paragraph (a)(2) of this section.
(2) * * *
(i) Industrial, commercial, and
consumer activities. A significant new
use is:
(A) Use other than as a refrigerant: In
motor vehicle air conditioning systems
in new passenger cars and vehicles (i.e.,
as defined in 40 CFR 82.32(c) and (d)),
in stationary and transport refrigeration,
or in stationary air conditioning.
(B) Section 721.80(m) (commercial
use other than: In passenger cars and
vehicles in which the original charging
of motor vehicle air conditioning
systems with the PMN substance was
done by the motor vehicle original
equipment manufacturer (OEM), in
stationary and transport refrigeration, or
in stationary air conditioning).
(C) Section 721.80(o) (use in
consumer products other than products
used to recharge the motor vehicle air
conditioning systems in passenger cars
and vehicles in which the original
charging of motor vehicle air
conditioning systems with the PMN
substance was done by the motor
vehicle OEM).
*
*
*
*
*
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■
■
■
■
■
■
16. Amend § 721.10283 as follows:
a. Revise paragraph (a)(2)(i).
b. Revise paragraph (a)(2)(ii).
c. Revise paragraph (a)(2)(iii).
d. Remove paragraph (a)(2)(iv).
e. Revise paragraph (b)(1).
The revisions read as follows:
§ 721.10283 Poly[oxy(methyl-1,2ethanediyl)], .alpha.-sulfo-.omega.-hydroxy-,
C12–13-branched and linear alkyl ethers,
sodium salts.
(a) * * *
(2) * * *
(i) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80(l).
(ii) Disposal. Requirements as
specified in § 721.85. A significant new
of the substances is any method of
disposal of a waste stream containing
the PMN substances other than by
incineration or by injection into a Class
I or II waste disposal well.
(iii) Release to water. Requirements as
specified in § 721.90(a)(2)(ii), (b)(2)(ii),
and (c)(2)(ii).
(b) * * *
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a), (b), (c), (i), and (j) are
applicable to manufacturers, importers,
and processors of this substance.
*
*
*
*
*
■ 17. Amend § 721.10284 as follows:
■ a. Revise paragraph (a)(2)(i).
■ b. Revise paragraph (a)(2)(ii).
■ c. Revise paragraph (a)(2)(iii).
■ d. Remove paragraph (a)(2)(iv).
■ e. Revise paragraph (b)(1).
The revisions read as follows:
§ 721.10284 Poly[oxy(methyl-1,2ethanediyl)], .alpha.-sulfo-.omega.-hydroxy-,
C14–15-branched and linear alkyl ethers,
sodium salts.
(a) * * *
(2) * * *
(i) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80(l).
(ii) Disposal. Requirements as
specified in § 721.85. A significant new
of the substances is any method of
disposal of a waste stream containing
the PMN substances other than by
incineration or by injection into a Class
I or II waste disposal well.
(iii) Release to water. Requirements as
specified in § 721.90(a)(2)(ii), (b)(2)(ii),
and (c)(2)(ii).
(b) * * *
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a), (b), (c), (i), and (j) are
applicable to manufacturers, importers,
and processors of this substance.
*
*
*
*
*
[FR Doc. 2015–15917 Filed 6–29–15; 8:45 am]
BILLING CODE 6560–50–P
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Agencies
[Federal Register Volume 80, Number 125 (Tuesday, June 30, 2015)]
[Rules and Regulations]
[Pages 37161-37166]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-15917]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 721
[EPA-HQ-OPPT-2014-0649; FRL-9928-93]
RIN 2070-AB27
Modification of Significant New Uses of Certain Chemical
Substances
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is amending the significant new use rules (SNURs) under
section 5(a)(2) of the Toxic Substances Control Act (TSCA) for 21
chemical substances which were the subject of premanufacture notices
(PMNs). This action amends the SNURs to allow certain uses without
requiring a significant new use notice (SNUN), and extends SNUN
requirements to certain additional uses. EPA is amending these SNURs
based on review of new data for each chemical substance. This action
requires persons who intend to manufacture (including import) or
process any of these 21 chemical substances for an activity that is
designated as a significant new use by this proposed rule to notify EPA
at least 90 days before commencing that activity. The required
notification would provide EPA with the opportunity to evaluate the
intended use and, if necessary, to prohibit or limit that activity
before it occurs.
DATES: This final rule is effective August 31, 2015.
ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPPT-2014-0649, is available at
https://www.regulations.gov or at the Office of Pollution Prevention and
Toxics Docket (OPPT Docket), Environmental Protection Agency Docket
Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW., Washington, DC. The Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number for the Public Reading Room is (202)
566-1744, and the telephone number for the OPPT Docket is (202) 566-
0280. Please review the visitor instructions and additional information
about the docket available at https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
For technical information contact: Jim Alwood, Chemical Control
Division, Office of Pollution Prevention and Toxics, Environmental
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-
0001; telephone number: 202-564-8974; email address:
alwood.jim@epa.gov.
For general information contact: The TSCA-Hotline, ABVI-Goodwill,
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202)
554-1404; email address: TSCA-Hotline@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Does this action apply to me?
You may be potentially affected by this action if you manufacture,
process, or use the chemical 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 a modified SNUR must
certify their compliance with the SNUR requirements. The EPA policy in
support of import certification appears at 40 CFR part 707, subpart B.
In addition, any persons who export or intend to export the chemical
substance that is the subject of a 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.
II. Background
A. What action is the Agency taking?
In the Federal Register of April 9, 2015 (80 FR 19037) (FRL-9924-
10), EPA proposed amendments to the SNURs for 24 chemical substances in
40 CFR part 721 subpart E. This action
[[Page 37162]]
would require persons who intend to manufacture or process these
chemical substances for an activity that is designated as a significant
new use by these amended rules to notify EPA at least 90 days before
commencing that activity. 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. The proposed rule
included 23 chemical substances where EPA determined, based on new
information, there is no need to require additional notice from persons
who propose to engage in identical or similar activities, or a rational
basis no longer exists for the findings that activities involving the
substance may present an unreasonable risk of injury to human health or
the environment required under section 5(e)(1)(A) of the Act. The
proposed rule also included a chemical substance, P-01-781, where EPA
is modifying the chemical identity information. EPA is issuing a final
SNUR amendment for 21 of the 24 chemical substances. For 20 of those
chemical substances, EPA received no public comments and is issuing the
SNURs as proposed. For the chemical substance subject to the SNUR at 40
CFR 721.10182, EPA received three public comments supporting the
proposed SNUR amendments. One of those comments also asked EPA to
clarify if the final modified rule would allow uses of the chemical
substance either alone or as a component in a blend in retail food,
cold storage, transport and industrial refrigeration units; commercial
refrigeration, ice machines, and refrigerated vending machines produced
by original equipment manufacturers; and servicing, repair, and
recharging refrigeration units at grocery stores, convenience stores,
transport, and cold storage facilities. As described in the proposed
rule, EPA had already evaluated stationary refrigeration uses in a
previous SNUN, S-14-11 and did not determine that those uses caused
significant adverse health effects. After publication of the proposed
rule, EPA reached decision on an additional SNUN, S-15-5, for this
chemical substance for stationary and transport refrigeration uses
currently not allowed in the SNUR. Because the Agency expects transport
refrigeration uses will have similar exposures to those for stationary
uses and the hazard findings have not changed, EPA did not determine
that those uses caused significant adverse health effects. Therefore
the final SNUR amendment will allow the transport refrigeration uses
described in S-15-5 and the stationery refrigeration uses described in
S-15-5 and S-14-11, which includes the uses described by the commenter.
As described in the proposed rule EPA is now amending the SNURs
pursuant to 40 CFR 721.185.
EPA received public comments for the proposed SNUR amendments for
the remaining three chemical substances of the 24 included in the
proposed rule subject to SNURs at 40 CFR 721.5575, 721.9675, and
721.10515. EPA will address these three proposed SNUR amendments in a
separate action.
B. What is the Agency's authority for taking this action?
Upon conclusion of the review of the 21 chemical substances in this
SNUR amendment, EPA designated certain activities as significant new
uses. Under Sec. 721.185, EPA may at any time amend a SNUR for a
chemical substance which has been added to subpart E of 40 CFR part 721
if EPA makes one of the determinations set forth in Sec. 721.185.
Amendments may occur on EPA's initiative or in response to a written
request. Under Sec. 721.185(b)(3), if EPA concludes that a SNUR should
be amended, the Agency will propose the changes in the Federal
Register, briefly describe the grounds for the action, and provide
interested parties an opportunity to comment. Pursuant to Sec. 721.185
and as described in Unit IV of the proposed rule for the 20 chemical
substances EPA determined, based on new information, there is no need
to require additional notice from persons who propose to engage in
identical or similar activities, or a rational basis no longer exists
for the findings that activities involving the substance may present an
unreasonable risk of injury to human health or the environment required
under section 5(e)(1)(A) of the Act. This rule also includes a chemical
substance, P-01-781, where EPA is modifying the chemical identity
information.
III. Applicability of the Rule to Uses Occurring Before Effective Date
of the Final Rule
If uses begun after the proposed rule was published were considered
ongoing rather than new, any person could defeat the SNUR by initiating
the significant new use before the final rule was issued. Therefore EPA
has designated the date of publication of the proposed rule as the
cutoff date for determining whether the new use is ongoing. Consult the
Federal Register Notice of April 24, 1990 (55 FR 17376) for a more
detailed discussion of the cutoff date for ongoing uses.
Any person who began commercial manufacture or processing
activities of the chemical substances in this rule for any of the
significant new uses designated in the proposed SNUR after the date of
publication of the proposed SNUR, must stop that activity before the
effective date of the final rule. Persons who ceased those activities
will have to first comply with all applicable SNUR notification
requirements and wait until the notice review period, including any
extensions, expires, before engaging in any activities designated as
significant new uses. If a person were to meet the conditions of
advance compliance under Sec. 721.45(h), the person would be
considered to have met the requirements of the final SNUR for those
activities.
IV. Test Data and Other Information
EPA recognizes that TSCA section 5 does not require the development
of any particular test data before submission of a SNUN. The two
exceptions are:
1. Development of test data is required where the chemical
substance subject to the SNUR is also subject to a test rule under TSCA
section 4 (see TSCA section 5(b)(1)).
2. Development of test data may be necessary where the chemical
substance has been listed under TSCA section 5(b)(4) (see TSCA section
5(b)(2)).
In the absence of a TSCA section 4 test rule or a TSCA section
5(b)(4) listing covering the chemical substance, persons are required
only to submit test data in their possession or control and to describe
any other data known to or reasonably ascertainable by them (see Sec.
720.50). However, upon review of PMNs and SNUNs, the Agency has the
authority to require appropriate testing. In this case, EPA recommends
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. ASTM
International standards are available at https://www.astm.org/Standard/index.shtml.
The recommended testing specified in Unit IV. of the proposed rule
may not be the only means of addressing the potential risks of the
chemical substance. However, SNUNs submitted without any test data may
increase the likelihood that EPA will take action
[[Page 37163]]
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.
V. SNUN Submissions
According to 40 CFR 721.1(c), persons submitting a SNUN must comply
with the same notice requirements and EPA regulatory procedures as
persons submitting a PMN, including submission of test data on health
and environmental effects as described in Sec. 720.50. SNUNs must be
on EPA Form No. 7710-25, generated using e-PMN software, and submitted
to the Agency in accordance with the procedures set forth in Sec. Sec.
721.25 and 720.40. E-PMN software is available electronically at https://www.epa.gov/opptintr/newchems.
VI. Economic Analysis
EPA evaluated the potential costs of SNUN requirements for
potential manufacturers and processors of the chemical substances in
the rule. The Agency's complete Economic Analysis is available in the
docket under docket ID number EPA-HQ-OPPT-2014-0649.
VII. Statutory and Executive Order Reviews
A. Executive Order 12866
This action will modify SNURs for 21 chemical substances that were
the subject of PMNs. The Office of Management and Budget (OMB) has
exempted these types of actions from review under Executive Order
12866, entitled Regulatory Planning and Review (58 FR 51735, October 4,
1993).
B. Paperwork Reduction Act (PRA)
According to PRA, 44 U.S.C. 3501 et seq., an Agency may not conduct
or sponsor, and a person is not required to respond to a collection of
information that requires OMB approval under PRA, unless it has been
approved by OMB and displays a currently valid OMB control number. The
OMB control numbers for EPA's regulations in title 40 of the CFR, after
appearing in the Federal Register, are listed in 40 CFR part 9, and
included on the related collection instrument or form, if applicable.
EPA is amending the table in 40 CFR part 9 to list the OMB approval
number for the information collection requirements contained in this
rule. This listing of the OMB control numbers and their subsequent
codification in the CFR satisfies the display requirements of PRA and
OMB's implementing regulations at 5 CFR part 1320. This Information
Collection Request (ICR) was previously subject to public notice and
comment prior to OMB approval, and given the technical nature of the
table, EPA finds that further notice and comment to amend it is
unnecessary. As a result, EPA finds that there is ``good cause'' under
section 553(b)(3)(B) of the Administrative Procedure Act, 5 U.S.C.
553(b)(3)(B), to amend this table without further notice and comment.
The information collection requirements related to this action have
already been approved by OMB pursuant to PRA under OMB control number
2070-0012 (EPA ICR No. 574). This action does not impose any burden
requiring additional OMB approval. If an entity were to submit a SNUN
to the Agency, the annual burden is estimated to average between 30 and
170 hours per response. This burden estimate includes the time needed
to review instructions, search existing data sources, gather and
maintain the data needed, and complete, review, and submit the required
SNUN.
Send any comments about the accuracy of the burden estimate, and
any suggested methods for minimizing respondent burden, including
through the use of automated collection techniques, to the Director,
Collection Strategies Division, Office of Environmental Information
(2822T), Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460-0001. Please remember to include the OMB control
number in any correspondence, but do not submit any completed forms to
this address.
C. Regulatory Flexibility Act (RFA)
On February 18, 2012, EPA certified pursuant to RFA section 605(b)
(5 U.S.C. 601 et seq.), that promulgation of a SNUR does not have a
significant economic impact on a substantial number of small entities
where the following are true:
1. A significant number of SNUNs would not be submitted by small
entities in response to the SNUR.
2. The SNUN submitted by any small entity would not cost
significantly more than $8,300.
A copy of that certification is available in the docket for this
rule.
This rule is within the scope of the February 18, 2012
certification. Based on the Economic Analysis discussed in Unit VI and
EPA's experience promulgating SNURs (discussed in the certification),
EPA believes that the following are true:
A significant number of SNUNs would not be submitted by
small entities in response to the SNUR.
Submission of the SNUN would not cost any small entity
significantly more than $8,300.
Therefore, the promulgation of the SNUR would not have a
significant economic impact on a substantial number of small entities.
D. Unfunded Mandates Reform Act (UMRA)
Based on EPA's experience with proposing and finalizing SNURs,
State, local, and Tribal governments have not been impacted by these
rulemakings, and EPA does not have any reasons to believe that any
State, local, or Tribal government will be impacted by this final rule.
As such, EPA has determined that this rule would not impose any
enforceable duty, contain any unfunded mandate, or otherwise have any
effect on small governments subject to the requirements of sections
202, 203, 204, or 205 of the UMRA sections 202, 203, 204, or 205 (2
U.S.C. 1501 et seq.).
E. Executive Order 13132
This action would not have a substantial direct effect on States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government, as specified in Executive Order 13132, entitled
``Federalism'' (64 FR 43255, August 10, 1999).
F. Executive Order 13175
This rule would not have Tribal implications because it is not
expected to have substantial direct effects on Indian Tribes. This rule
would not significantly nor uniquely affect the communities of Indian
Tribal governments, nor does it involve or impose any requirements that
affect Indian Tribes. Accordingly, the requirements of Executive Order
13175, entitled ``Consultation and Coordination with Indian Tribal
Governments'' (65 FR 67249, November 9, 2000), do not apply to this
rule.
G. Executive Order 13045
This action is not subject to Executive Order 13045, entitled
``Protection of
[[Page 37164]]
Children from Environmental Health Risks and Safety Risks'' (62 FR
19885, April 23, 1997), because this is not an economically significant
regulatory action as defined by Executive Order 12866, and this action
does not address environmental health or safety risks
disproportionately affecting children.
H. Executive Order 13211
This action is not subject to Executive Order 13211, entitled
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001), because
this action is not expected to affect energy supply, distribution, or
use and because this action is not a significant regulatory action
under Executive Order 12866.
I. National Technology Transfer and Advancement Act (NTTAA)
In addition, since this action does not involve any technical
standards, NTTAA section 12(d) (15 U.S.C. 272 note), does not apply to
this action.
J. Executive Order 12898
This action does not entail special considerations of environmental
justice related issues as delineated by Executive Order 12898, entitled
``Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations'' (59 FR 7629, February 16,
1994).
VIII. Congressional Review Act (CRA)
Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.),
EPA will submit a report containing this rule and other required
information to the U.S. Senate, the U.S. House of Representatives, and
the Comptroller General of the United States prior to publication of
the rule in the Federal Register. This action is not a ``major rule''
as defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 721
Environmental protection, Chemicals, Hazardous substances,
Reporting and recordkeeping requirements.
Dated: June 18, 2015.
Maria J. Doa,
Director, Chemical Control Division, Office of Pollution Prevention and
Toxics.
Therefore, 40 CFR chapter I is amended as follows:
PART 721--[AMENDED]
0
1. The authority citation for part 721 continues to read as follows:
Authority: 15 U.S.C. 2604, 2607, and 2625(c).
0
2. Amend Sec. 721.522 by revising paragraphs (a)(1) and (a)(2)(i) to
read as follows:
Sec. 721.522 Oxirane, methyl-, polymer with oxirane, mono (3,5,5,-
trimethylhexyl) ether.
(a) * * *
(1) The chemical substance identified as oxirane, methyl-, polymer
with oxirane, mono (3,5,5,-trimethylhexyl) ether (PMN P-99-669, SNUN S-
09-1, and SNUN S-13-29; CAS No. 204336-40-3) is subject to reporting
under this section for the significant new uses described in paragraph
(a)(2) of this section.
(2) * * *
(i) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80. A significant new use is use other than
as a wetting agent, dispersing agent and defoaming/deaerating agent in
waterborne coatings, inks, and paints, water based adhesives, and
ultraviolet curable coatings; wetting agent in water miscible
metalworking fluids, powdered construction additives for use in
cementitious mortars, grouts and tile adhesives, and in liquid
admixtures for concrete; and a substrate wetting and anticratering
additive for ultraviolet curable inkjet ink.
* * * * *
0
3. Amend Sec. 721.532 as follows:
0
a. Revise the section heading.
0
b. Revise paragraph (a)(1).
0
c. Revise paragraph (a)(2)(i).
0
d. Add paragraph (a)(3).
0
e. Revise paragraph (b)(1).
The revisions and addition read as follows:
Sec. 721.532 1-Butanol, 3-methoxy-3-methyl-, acetate.
(a) * * *
(1) The chemical substance identified as 1-butanol, 3-methoxy-3-
methyl-, acetate (PMN P-00-618; SNUN S-05-03; and SNUN S-11-4; CAS No.
103429-90-9) is subject to reporting under this section for the
significant new uses described in paragraphs (a)(2) and (a)(3) of this
section.
(2) * * *
(i) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80. The significant new use is any use other
than the use described in P-00-618.
* * * * *
(3) The significant new uses for any use other than the use
described in P-00-618:
(i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1), (a)(3)(i), (b) (concentration set at 0.1 percent), and
(c). When determining which persons are reasonably likely to be exposed
as required for Sec. 721.63(a)(1) 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. Butyl rubber gloves with a minimum thickness
of 16.6 mils or Silver shield gloves with a minimum thickness of 2.7
mils have been tested in accordance with the American Society for
Testing Materials (ASTM) F739 method and found by EPA to satisfy the
consent orders and Sec. 721.63(a)(2)(i) requirements for dermal
protection to 100 percent chemical substance. Silver Shield gloves with
a minimum thickness of 2.7 mils have been tested in accordance with the
American Society for Testing Materials (ASTM) F739 method and found by
EPA to satisfy the consent orders and Sec. 721.63(a)(2)(i)
requirements for dermal protection for paint formulations where
concentrations of the chemical substance is 10% or less. Gloves and
other dermal protection may not be used for a time period longer than
they are actually tested and must be replaced at the end of each work
shift.
(ii) Hazard communication program. Requirements as specified in
Sec. 721.72(a), (b) (concentration set at 0.1 percent), (c), (d), (f),
(g)(1)(iv), (g)(1)(iv), (g)(2)(i), (g)(2)(ii), (g)(2)(iii), (g)(2)(v),
(g)(2)(v), and (g)(5).
(iii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(f), (o), and any application method that
generates a vapor, mist, or aerosol when the percent concentration of
the SNUN substance in the final product exceeds 10%.
(b) * * *
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (i) are applicable to manufacturers and processors
of this substance.
* * * * *
0
4. Amend Sec. 721.633 as follows:
0
a. Revise paragraph (a)(1).
0
b. Revise paragraph (a)(2)(i).
0
c. Remove paragraph (a)(2)(iii).
0
d. Revise paragraph (b)(1).
The revisions read as follows:
Sec. 721.633 Aluminosilicates, phospho-.
(a) * * *
(1) The chemical substance identified as aluminosilicates, phospho-
(PMN P-98-1275 and SNUN S-11-10; CAS No. 201167-69-3) is subject to
reporting under this section for the significant new uses described in
paragraph (a)(2) of this section.
(2) * * *
[[Page 37165]]
(i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(4), (b), and (c). When determining which persons are
reasonably likely to be exposed as required for Sec. 721.63(a)(4)
engineering control measures (e.g., enclosure or confinement of the
operation, general and local ventilation) or administrative control
measures (e.g., workplace policies and procedures) shall be considered
and implemented to prevent exposure, where feasible. The following
NIOSH-certified respirators with an APF of at least 50 meet the
requirements of Sec. 721.63(a)(4): NIOSH-certified air-purifying,
tight-fitting full-face respirator equipped with N100 (if oil aerosols
absent), R100, or P100 filters; NIOSH-certified powered air-purifying
respirator equipped with a tight-fitting full facepiece and high
efficiency particulate air (HEPA) filters; NIOSH-certified supplied-air
respirator operated in positive pressure demand or continuous flow mode
and equipped with a hood, or helmet or tight-fitting facepiece. As an
alternative to the respiratory requirements listed here, a manufacturer
or processor may choose to follow the New Chemical Exposure Limit
(NCEL) provisions listed in the TSCA section 5(e) consent order for
these substances. The NCEL is 0.1 mg/m\3\ as an 8-hour time weighted
average verified by actual monitoring data.
* * * * *
(b) * * *
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a), (b), (c), (d), (f), (g), and (h) are applicable to
manufacturers and processors of this substance.
* * * * *
0
5. Amend Sec. 721.2076 by revising paragraphs (a)(1) and (a)(2)(i) to
read as follows:
Sec. 721.2076 D-Glucuronic acid, polymer with 6-deoxy-L-mannose and
D-glucose, acetate, calcium magnesium potassium sodium salt.
(a) * * *
(1) The chemical substance identified as D-Glucuronic acid, polymer
with 6-deoxy-L-mannose and D-glucose, acetate, calcium magnesium
potassium sodium salt (PMN P-00-7; SNUN S-05-1; SNUN S-06-4; SNUN S-07-
03; and SNUN S-07-5; CAS No. 125005-87-0) is subject to reporting under
this section for the significant new use described in paragraph (a)(2)
of this section.
(2) * * *
(i) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80. The significant new use is any use other
than manufacture of the substance where greater than 5 percent of the
chemical substance consists of particle sizes below 10 microns.
* * * * *
0
6. Amend Sec. 721.5185 as follows:
0
a. Revise paragraph (a)(1).
0
b. Revise paragraph (a)(2)(iii).
0
c. Add paragraph (a)(2)(iv).
0
d. Revise paragraph (b)(1).
The revisions and addition read as follows:
Sec. 721.5185 2-Propen-1-one, 1-(4-morpholinyl)-.
(a) * * *
(1) The chemical substance identified as 2-Propen-1-one, 1-(4-
morpholinyl)- (PMN P-95-169; SNUN S-08-7; and SNUN S-14-1; CAS No.
5117-12-4) is subject to reporting under this section for the
significant new uses described in paragraph (a)(2) of this section. The
requirements of this rule do not apply to quantities of the chemical
substance after it has been completely reacted (cured) because 2-
Propen-1-one, 1-(4-morpholinyl)- will no longer exist.
(2) * * *
(iii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(y)(1). It is a significant new use to use
the chemical substance for any use other than as a monomer for use in
ultraviolet ink jet applications unless the chemical substance is
processed and used in an enclosed process.
(iv) Release to water. Requirements as specified in Sec.
721.90(a)(4), (b)(4), and (c)(4) (N = 100).
(b) * * *
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (i) and (k) are applicable to manufacturers and
processors of this chemical substance.
* * * * *
0
7. Amend Sec. 721.5645 by revising paragraphs (a)(1) and (a)(2)(i) to
read as follows:
Sec. 721.5645 Pentane 1,1,1,2,3,4,4,5,5,5,-decafluoro.
(a) * * *
(1) The chemical substance identified as pentane
1,1,1,2,3,4,4,5,5,5,-decafluoro (PMN P-95-638, SNUN P-97-79, and SNUN
S-06-8; CAS No. 138495-42-8) is subject to reporting under this section
for the significant new uses described in paragraph (a)(2) of this
section.
(2) * * *
(i) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80. A significant new use is any use of the
substance other than the uses as described in P-95-638, P-97-79, or S-
06-8.
* * * * *
0
8. Amend Sec. 721.5713 by revising paragraphs (a)(1) and (a)(2)(i) to
read as follows:
Sec. 721.5713 Phenol--biphenyl polymer condensate (generic).
(a) * * *
(1) The chemical substance identified generically as a phenol--
biphenyl polymer condensate (PMN P-00-1220 and S-07-2) is subject to
reporting under this section for the significant new use described in
paragraph (a)(2) of this section.
(2) * * *
(i) Release to water. Requirements as specified Sec. 721.90(a)(4),
(b)(4), and (c)(4) (N = 5).
* * * * *
0
9. Amend Sec. 721.8145 by revising paragraphs (a)(1) and (a)(2)(i) to
read as follows:
Sec. 721.8145 Propane,1,1,1,2,2,3,3-heptafluoro-3-methoxy-.
(a) * * *
(1) The chemical substance identified as propane,1,1,1,2,2,3,3-
heptafluoro-3-methoxy- (PMN P-01-320; SNUN S-04-2; and SNUN 11-1; CAS
No. 375-03-1) is subject to reporting under this section for the
significant new use described in paragraph (a)(2) of this section.
(2) * * *
(i) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80. A significant new use is any use of the
chemical substance other than as a heating transfer fluid, refrigerant,
flush cleaning, foam blowing, deposition coatings, histology baths,
vapor degreasing, and industrial and commercial aerosol spray cleaning.
* * * * *
0
10. Amend Sec. 721.9501 by revising paragraph (a)(1) to read as
follows:
Sec. 721.9501 Silane, triethoxy[3-oxiranylmethoxy)propyl]-.
(a) * * *
(1) The chemical substance identified as silane, triethoxy[3-
oxiranylmethoxy)propyl]- (PMN P-01-781; CAS No. 2602-34-8) is subject
to reporting under this section for the significant new use described
in paragraph (a)(2) of this section.
* * * * *
0
11. Amend Sec. 721.9502 by revising paragraphs (a)(1) and (a)(2)(i) to
read as follows:
Sec. 721.9502 Siloxanes and silicones, aminoalkyl, fluorooctyl,
hydroxy-terminated salt (generic).
(a) * * *
[[Page 37166]]
(1) The chemical substance identified generically as siloxanes and
silicones, aminoalkyl, fluorooctyl, hydroxy-terminated salt (PMN P-00-
1132 and SNUN S-11-5) is subject to reporting under this section for
the significant new use described in paragraph (a)(2) of this section.
(2) * * *
(i) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(y)(1). A significant new use is any use of
the chemical substance other than in graffiti systems, as surface
treatment and additive for coatings, adhesives, sealants, paste,
insulation and textiles for porous, non-porous, ceramic, metal, glass,
plastic, wood and leather surfaces or a surface treatment agent for
inorganic filler particles.
* * * * *
0
12. Amend Sec. 721.9595 by revising the section heading and paragraphs
(a)(1) and (a)(2)(i) to read as follows:
Sec. 721.9595 Benzenesulfonic acid, mono C-10-16-alkyl
derivs., compounds with 2-propen-1-amine and Alkyl benzene sulfonic
acids and alkyl sulfates, amine salts.
(a) * * *
(1) The chemical substances identified as benzenesulfonic acid,
mono C-10-16-alkyl derivs., compds. with 2-propen-1-amine
(PMN P-97-296 and SNUN S-03-10; CAS No. 195008-77-6) and the chemical
substances identified generically as alkyl benzene sulfonic acids and
alkyl sulfates, amine salts (PMNs P-97-297/298/299 and SNUNs S-03-11/
12/13) are subject to reporting under this section for the significant
new uses described in paragraph (a)(2) of this section.
(2) * * *
(i) Release to water. Requirements as specified in Sec.
721.90(a)(4), (b)(4), and (c)(4) N = 30.
* * * * *
0
13. Amend Sec. 721.9892 by revising the section heading and paragraphs
(a)(1) and (a)(2)(i) to read as follows:
Sec. 721.9892 1,3-Dimethyl-2-imidazolidinone.
(a) * * *
(1) The chemical substance identified as 1,3-Dimethyl-2-
imidazolidinone (PMN P-93-1649, SNUN S-04-3 and S-11-3; CAS No. 80-73-
9) is subject to reporting under this section for the significant new
uses described in paragraph (a)(2) of this section.
(2) * * *
(iii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(q). A significant new use is non-
industrial use other than the commercial uses described in the S-04-3
and S-11-3.
* * * * *
0
14. Amend Sec. 721.10008 as follows:
0
a. Revise paragraph (a)(2)(ii).
0
b. Remove paragraph (a)(2)(iii).
0
c. Revise paragraph (b)(1).
0
b. Remove paragraph (b)(3).
The revisions read as follows:
Sec. 721.10008 Manganese strontium oxide (MnSrO3).
(a) * * *
(2) * * *
(ii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(k) (manufacture, processing, or use of the
PMN substance if the particle size is less than 10 microns).
(b) * * *
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a), (b), (c), (f), (g), (h), and (i) are applicable to
manufacturers and processors of this substance.
* * * * *
0
15. Amend Sec. 721.10182 by revising paragraphs (a)(1) and (a)(2)(i)
to read as follows:
Sec. 721.10182 1-Propene, 2,3,3,3-tetrafluoro-.
(a) * * *
(1) The chemical substance identified as 1-propene, 2,3,3,3-
tetrafluoro- (PMN P-07-601, SNUN S-14-11, and SNUN S-15-5; CAS No. 754-
12-1) is subject to reporting under this section for the significant
new uses described in paragraph (a)(2) of this section.
(2) * * *
(i) Industrial, commercial, and consumer activities. A significant
new use is:
(A) Use other than as a refrigerant: In motor vehicle air
conditioning systems in new passenger cars and vehicles (i.e., as
defined in 40 CFR 82.32(c) and (d)), in stationary and transport
refrigeration, or in stationary air conditioning.
(B) Section 721.80(m) (commercial use other than: In passenger cars
and vehicles in which the original charging of motor vehicle air
conditioning systems with the PMN substance was done by the motor
vehicle original equipment manufacturer (OEM), in stationary and
transport refrigeration, or in stationary air conditioning).
(C) Section 721.80(o) (use in consumer products other than products
used to recharge the motor vehicle air conditioning systems in
passenger cars and vehicles in which the original charging of motor
vehicle air conditioning systems with the PMN substance was done by the
motor vehicle OEM).
* * * * *
0
16. Amend Sec. 721.10283 as follows:
0
a. Revise paragraph (a)(2)(i).
0
b. Revise paragraph (a)(2)(ii).
0
c. Revise paragraph (a)(2)(iii).
0
d. Remove paragraph (a)(2)(iv).
0
e. Revise paragraph (b)(1).
The revisions read as follows:
Sec. 721.10283 Poly[oxy(methyl-1,2- ethanediyl)], .alpha.-
sulfo-.omega.-hydroxy-, C12-13-branched and linear alkyl ethers, sodium
salts.
(a) * * *
(2) * * *
(i) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(l).
(ii) Disposal. Requirements as specified in Sec. 721.85. A
significant new of the substances is any method of disposal of a waste
stream containing the PMN substances other than by incineration or by
injection into a Class I or II waste disposal well.
(iii) Release to water. Requirements as specified in Sec.
721.90(a)(2)(ii), (b)(2)(ii), and (c)(2)(ii).
(b) * * *
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a), (b), (c), (i), and (j) are applicable to manufacturers,
importers, and processors of this substance.
* * * * *
0
17. Amend Sec. 721.10284 as follows:
0
a. Revise paragraph (a)(2)(i).
0
b. Revise paragraph (a)(2)(ii).
0
c. Revise paragraph (a)(2)(iii).
0
d. Remove paragraph (a)(2)(iv).
0
e. Revise paragraph (b)(1).
The revisions read as follows:
Sec. 721.10284 Poly[oxy(methyl-1,2-ethanediyl)], .alpha.-
sulfo-.omega.-hydroxy-, C14-15-branched and linear alkyl ethers, sodium
salts.
(a) * * *
(2) * * *
(i) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(l).
(ii) Disposal. Requirements as specified in Sec. 721.85. A
significant new of the substances is any method of disposal of a waste
stream containing the PMN substances other than by incineration or by
injection into a Class I or II waste disposal well.
(iii) Release to water. Requirements as specified in Sec.
721.90(a)(2)(ii), (b)(2)(ii), and (c)(2)(ii).
(b) * * *
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a), (b), (c), (i), and (j) are applicable to manufacturers,
importers, and processors of this substance.
* * * * *
[FR Doc. 2015-15917 Filed 6-29-15; 8:45 am]
BILLING CODE 6560-50-P