Significant New Use Rules on Certain Chemical Substances, 48637-48655 [2017-22239]
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 9 and 721
[EPA–HQ–OPPT–2017–0166; FRL–9964–42]
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 29 chemical substances
which were the subject of
premanufacture notices (PMNs). The
chemical substances are subject to
consent orders issued by EPA pursuant
to section 5(e) of TSCA. This action
requires persons who intend to
manufacture (defined by statute to
include import) or process any of these
29 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
initiates EPA’s evaluation of the
intended use within the applicable
review period. Persons may not
commence manufacture or processing
for the significant new use until EPA
has conducted a review of the notice,
made an appropriate determination on
the notice, and has taken such actions
as are required with that determination.
DATES: This rule is effective on
December 18, 2017. For purposes of
judicial review, this rule shall be
promulgated at 1 p.m. (e.s.t.) on
November 2, 2017.
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 November 20, 2017 (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 November
20, 2017, 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
SUMMARY:
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Submit your comments,
identified by docket identification (ID)
number EPA–HQ–OPPT–2017–0166, 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.
ADDRESSES:
[FR Doc. 2017–22645 Filed 10–18–17; 8:45 am]
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I.A., VI., and VII. of the SUPPLEMENTARY
INFORMATION.
Stacy L. Ruble,
Secretary.
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48637
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SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
You may be potentially affected by
this action if you manufacture, process,
or use the chemical substances
contained in this rule. The following list
of North American Industrial
Classification System (NAICS) codes is
not intended to be exhaustive, but rather
provides a guide to help readers
determine whether this document
applies to them. Potentially affected
entities may include:
• Manufacturers 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
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Federal Register / Vol. 82, No. 201 / Thursday, October 19, 2017 / Rules and Regulations
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, pursuant to 40 CFR 721.20,
any persons who export or intend to
export a chemical substance that is the
subject of this rule on or after November
20, 2017 are subject to the export
notification provisions of TSCA section
12(b) (15 U.S.C. 2611(b)) 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
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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
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these rules are more fully set out in the
preamble to EPA’s first direct final
SNUR published in the Federal Register
issue of April 24, 1990 (55 FR 17376).
Consult that preamble for further
information on the objectives, rationale,
and procedures for SNURs and on the
basis for significant new use
designations, including provisions for
developing test data.
associated with an alternative
determination before the manufacture or
processing for the significant new use
can commence. If EPA determines that
the significant new use is not likely to
present an unreasonable risk, EPA is
required under TSCA section 5(g) (15
U.S.C. 2604(g)) to make public, and
submit for publication in the Federal
Register, a statement of EPA’s findings.
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)(i) (15
U.S.C. 2604(a)(1)(B)(i)) 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. TSCA
prohibits such manufacturing or
processing from commencing until EPA
has conducted a review of the notice,
made an appropriate determination on
the notice, and taken such actions as are
required in association with that
determination (15 U.S.C.
2604(a)(1)(B)(ii)). As described in Unit
V., the general SNUR provisions are
found at 40 CFR part 721, subpart A.
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 37 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.
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. Pursuant 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) (15 U.S.C.
2604(a)(1)(A)). In particular, these
requirements include the information
submission requirements of TSCA
sections 5(b) and 5(d)(1) (15 U.S.C.
2604(b) and 2604(d)(1)), the exemptions
authorized by TSCA sections 5(h)(1),
5(h)(2), 5(h)(3), and 5(h)(5) (15 U.S.C.
2604(h)(1), 2604(h)(2), 2604(h)(3), and
2604(h)(5)), and the regulations at 40
CFR part 720. Once EPA receives a
SNUN, EPA must either determine that
the significant new use is not likely to
present an unreasonable risk of injury or
take such regulatory action as is
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IV. Substances Subject to This Rule
EPA is establishing significant new
use and recordkeeping requirements for
29 chemical substances in 40 CFR part
721, subpart E. In this unit, EPA
provides the following information for
each chemical substance:
• PMN number.
• Chemical name (generic name, if
the specific name is claimed as CBI).
• Chemical Abstracts Service (CAS)
Registry number (if assigned for nonconfidential chemical identities).
• Basis for the consent order under
TSCA section 5(e) (15 U.S.C. 2604(e)).
• Tests recommended by EPA to
provide sufficient information to
evaluate the chemical substance (see
Unit VIII. for more information).
• CFR citation assigned in the
regulatory text section of this rule.
The regulatory text section of this rule
specifies the activities designated as
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Federal Register / Vol. 82, No. 201 / Thursday, October 19, 2017 / Rules and Regulations
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 29 PMN substances
that are subject to ‘‘risk-based’’ consent
orders under TSCA section
5(e)(1)(A)(ii)(I) (15 U.S.C.
2604(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 SNURs
are promulgated pursuant to § 721.160,
and are based on and consistent with
the provisions in the underlying consent
orders. The SNURs designate as a
‘‘significant new use’’ the absence of the
protective measures required in the
corresponding consent orders.
Where EPA determined that the PMN
substance may present an unreasonable
risk of injury to human health via
inhalation exposure, the underlying
TSCA section 5(e) consent order usually
requires, among other things, that
potentially exposed employees wear
specified respirators unless actual
measurements of the workplace air
show that air-borne concentrations of
the PMN substance are below a New
Chemical Exposure Limit (NCEL) that is
established by EPA to provide adequate
protection to human health. In addition
to the actual NCEL concentration, the
comprehensive NCELs provisions in
TSCA section 5(e) consent orders,
which are modeled after Occupational
Safety and Health Administration
(OSHA) Permissible Exposure Limits
(PELs) provisions, include requirements
addressing performance criteria for
sampling and analytical methods,
periodic monitoring, respiratory
protection, and recordkeeping.
However, no comparable NCEL
provisions currently exist in 40 CFR
part 721, subpart B, for SNURs.
Therefore, for these cases, the
individual SNURs in 40 CFR part 721,
subpart E, will state that persons subject
to the SNUR who wish to pursue NCELs
as an alternative to the § 721.63
respirator requirements may request to
do so under § 721.30. EPA expects that
persons whose requests under § 721.30
to use the NCELs approach for SNURs
are approved by EPA will be required to
comply with NCELs provisions that are
comparable to those contained in the
corresponding TSCA section 5(e)
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consent order for the same chemical
substance.
PMN Number: P–15–310
Chemical name: 1,2,4Benzenetricarboxylic acid, mixed decyl
and octyl triesters.
CAS number: Not available.
Effective date of TSCA section 5(e)
consent order: January 31, 2017.
Basis for TSCA section 5(e) consent
order: The PMN states that the PMN
substance will be used as a lubricant in
special chain oils for conveyor belts.
Based on submitted test data, EPA
predicts blood and adrenal gland effects
to unprotected workers from repeated
dermal exposures. EPA also predicts
endocrine disruption based on Structure
Activity Relationship (SAR) analysis on
analogous phthalates. The Order was
issued under TSCA sections
5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I),
based on a finding that the substance
may present an unreasonable risk of
injury to human health. To protect
against these risks, the consent order
requires:
1. Use of personal protective
equipment to prevent dermal exposure.
2. Not use, formulate, or distribute for
use other than as stated in the PMN.
3. No manufacture beyond an annual
production volume of 150,000 kg.
Recommended testing: EPA has
determined that the results of certain
human health toxicity testing would
help characterize the PMN substance.
The submitter has agreed not to exceed
the confidential production limit
without performing an Extended OneGeneration Reproductive Toxicity Study
(OECD Test Guideline 443).
CFR citation: 40 CFR 721.10996.
PMN Numbers: P–15–487, P–15–488, P–
15–489, P–15–490, and P–15–491
Chemical names: Multi-walled carbon
nanotubes (generic).
CAS numbers: Not available.
Effective date of TSCA section 5(e)
consent order: February 17, 2017.
Basis for TSCA section 5(e) consent
order: The PMN states that the PMN
substances will be used as additives for
electro-static discharge (ESD) in
electronic devices, electronics, and
materials; additives for weight reduction
in materials; additives to improve
mechanical properties or electrical
conductivities; heat-generating elements
in heating devices and materials;
additives for heat transfer and thermal
emissions in electronic devices and
materials; semi-conductor, conductive,
or resistive elements in electronic
circuitry and devices; additives to
improve conductivity in electronic
circuitry, energy storage systems, and
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48639
devices; electron emitters for lighting
and x-ray sources; additive for
electromagnetic interface shielding in
electronic devices; additives for
electrodes in electronic materials and
electronic devices; catalyst support in
chemical manufacturing; coating
additives to improve corrosion
resistance or conductive properties;
additives for fibers in structural and
electrical applications; additives for
fibers in fabrics and textiles; filter
additives to remove nanoscale materials;
semi-conducting compounding
additives far high-voltage cable; and
additives for super-hydrophobicity. A
submitted 90-day inhalation toxicity
study for P–15–487 demonstrated no
effects at 1 mg/m3, which was the
highest dose tested. Based on SAR
analysis on analogous carbon nanotubes
(CNT), EPA predicts pulmonary toxicity
and oncogenicity to unprotected
workers from repeated inhalation
exposures. No ecotoxicity studies on
CNT are available in which a broad
range of production methods, sources,
purification, functionalization, etc. were
investigated. EPA expects that some
fraction of the PMN substances, if
released into the environment, will
eventually become suspended in water.
The Order was issued under TSCA
sections 5(a)(3)(B)(ii)(I) and
5(e)(1)(A)(ii)(I), based on a finding that
the substances may present an
unreasonable risk of injury to human
health and the environment. To protect
against these risks, the consent order
requires:
1. Use of personal protective
equipment to prevent dermal exposure
and a NIOSH-certified respirator with
N–100, P–100, or R–100 cartridges with
an assigned protection factor (APF) of at
least 50 (where there is a potential for
inhalation exposure).
2. Use of the PMN substances only for
the uses specified in the consent order.
3. No use in application methods that
generate a dust, mist, or aerosol unless
such application method occurs in an
enclosed process.
4. No use of the PMN substances
resulting in releases to surface waters
and disposal of the PMN substances
only by landfill or incineration.
Recommended testing: EPA has
determined that a subchronic 90-day
inhalation toxicity study (OPPTS
870.3465 or OECD 413), a two-year
inhalation bioassay (OPPTS 870.4200), a
fish early-life stage toxicity test (OCSPP
Test Guideline 850.1400), a daphnid
chronic toxicity test (OCSPP Test
Guideline 850.1300), and an algal
toxicity test (OCSPP Test Guideline
850.4500) would help characterize
possible health and environmental
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effects of the substances. Although the
Order does not require these tests, the
Order’s restrictions on manufacture,
processing, distribution in commerce,
and disposal will remain in effect until
the Order is modified or revoked by
EPA based on submission of this or
other relevant information.
CFR citation: 40 CFR 721.10997.
PMN Number: P–16–165
Chemical name: Propanoic acid, iron
(2+) salt (2:1).
CAS number: 1952336–63–8.
Effective date of TSCA section 5(e)
consent order: February 15, 2017.
Basis for TSCA section 5(e) consent
order: The PMN states that the PMN
substance will be used as a component
in a metal organic product that will be
used in paint and ink driers,
unsaturated polyester resins promoters,
lube/grease additives, fuel additives,
polymerization catalysts, and specialty
petrochemical catalysts at less than 1
percent. Based on submitted test data,
EPA predicts liver and developmental
toxicity to unprotected workers from
repeated inhalation exposures. The
Order was issued under TSCA sections
5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I),
based on a finding that the substance
may present an unreasonable risk of
injury to human health. To protect
against these risks, the consent order
requires:
1. Use of a NIOSH-certified respirator
with an APF of at least 10 (where there
is a potential for inhalation exposures).
2. Establishment and use of a hazard
communication program, including
human health precautionary statements
on each label and in the Safety Data
Sheet (SDS).
3. No manufacture beyond an annual
production volume of 150,000 kg.
4. Not process or use the PMN
substance for non-industrial
applications.
5. Not process or use the PMN
substance in formulations where the
concentration is greater than 1%.
Recommended testing: EPA has
determined that the results of certain
human health toxicity testing would
help characterize the PMN substance.
The submitter has agreed not to exceed
the confidential production limit
without performing the prenatal
development toxicity study (OECD 414).
In addition, EPA has determined that
the results of a combined chronic
toxicity and carcinogenicity toxicity test
(OPPTS 870.4300) would help
characterize the health effects of the
PMN substance. The Order’s restrictions
on manufacture, processing, distribution
in commerce, and disposal will remain
in effect until the Order is modified or
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revoked by EPA based on submission of
this or other relevant information.
CFR citation: 40 CFR 721.10998.
PMN Numbers: P–16–255, P–16–256,
P–16–257, P–16–258, and P–16–259
Chemical names: 1-Butanaminium,
N,N,N-tributyl-, carbonic acid (1:1) (P–
16–255), 1-Butanaminium, N,N,Ntributyl-, methyl carbonate (1:1) (P–16–
256), 1-Butanaminium, N,N,N-tributyl-,
ethyl carbonate (1:1) (P–16–257), 1Butanaminium, N,N,N-tributyl-, propyl
carbonate (1:1) (P–16–258), 1Butanaminium, N,N,N-tributyl-, and 1methylethyl carbonate (1:1) (P–16–259)
CAS numbers: 17351–62–1(P–16–
255), 56294–05–2(P–16–256), 478796–
04–2(P–16–257), 1338579–13–7(P–16–
258), and 1803407–49–9(P–16–259)
Effective date of TSCA section 5(e)
consent order: March 7, 2017.
Basis for TSCA section 5(e) consent
order: The PMN states that the PMN
substances will be used as blocked
catalysts for paints and coatings. Based
on submitted test data, EPA predicts
strong irritation to the skin, eyes, and
mucous membranes as well as acute
toxicity and corrosivity-related
neurotoxicity from repeated dermal and
inhalation exposures. Further, based on
test data on the PMN substances, EPA
predicts toxicity to aquatic organisms
may occur at concentrations that exceed
34 parts per billion (ppb) of the PMN
substances in surface waters. The Order
was issued under TSCA sections
5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I),
based on a finding that the substances
may present an unreasonable risk of
injury to human health and the
environment. To protect against these
risks, the consent order requires:
1. Use of personal protective
equipment to prevent dermal exposures.
2. Establishment and use of a hazard
communication program, including
human health precautionary statements
on each label and in a safety data sheet
(SDS).
3. Use of the PMN substances only for
the use specified in the consent order.
4. Use of the PMN substances at a
concentration no greater than 1.5% by
weight in the final product.
Recommended testing: EPA has
determined that the results of certain
environmental toxicity testing would
help characterize the PMN substances.
The submitter has agreed not to exceed
the confidential production limit
without performing a daphnid chronic
toxicity test (OCSPP 850.1300).
CFR citations: 40 CFR 721.10999 (P–
16–255), 40 CFR 721.11000 (P–16–256),
40 CFR 721.11001 (P–16–257), 40 CFR
721.11002 (P–16–258), and 40 CFR
721.11003 (P–16–259).
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PMN Number: P–16–284
Chemical name: Anilino substituted
bis-triazinyl derivative of 4,4′diaminostilbene-2,2′-disulfonic acid,
mixed amine sodium salt (generic).
CAS number: Not available.
Effective date of TSCA section 5(e)
consent order: May 12, 2017.
Basis for TSCA section 5(e) consent
order: The PMN states that the PMN
substance will be used as an optical
brightener for textiles, paper, and
paperboard. Based on submitted test
data, EPA predicts adrenal gland effects
to unprotected workers from repeated
dermal and inhalation exposures. The
Order was issued under TSCA sections
5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I),
based on a finding that the substance
may present an unreasonable risk of
injury to human health. To protect
against these risks, the consent order
requires:
(1) Import only of the PMN substance
as a solution.
(2) Use only as an optical brightener
for textiles, paper and paperboard.
(3) No use of the PMN substance in
application methods that generate a
dust, mist, or aerosol unless such
application method occurs in an
enclosed process.
(4) Non industrial use only where the
PMN substance is not sold for
‘‘consumer use’’ or for ‘‘commercial
uses’’ (as the term is defined in § 721.3)
when the ‘‘saleable goods or service’’
could introduce PMN material into a
‘‘consumer’’ setting (as that term is
defined in § 721.3).
Recommended testing: EPA has
determined that the results of physical/
chemistry testing would help
characterize the PMN substance. The
submitter has agreed not to manufacture
beyond a certain time period without
measuring the particle size distribution
to characterize the particle size
distribution of fractions less than 10
microns of the dry particle PMN
substance. In addition, EPA has
determined that the results of a 90-day
subchronic inhalation toxicity study
(OPPTS 870.3465 or OECD 413) would
help characterize the health effects of
the PMN substance. The Order’s
restrictions on manufacture, processing,
distribution in commerce, and disposal
will remain in effect until the Order is
modified or revoked by EPA based on
submission of this or other relevant
information.
CFR citation: 40 CFR 721.11004.
PMN Numbers: P–16–309 and P–16–310
Chemical names: 12-Hydroxystearic
acid, reaction products with alkylene
diamine and alkanoic acid (generic).
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CAS numbers: Not available.
Effective date of TSCA section 5(e)
consent order: February 17, 2017.
Basis for TSCA section 5(e) consent
order: The PMN states that the PMN
substances will be used as rheological or
thixotropic agents used in the
production of solvent based industrial
coatings, high solid aromatic paints,
adhesives, sealants, and other types of
paints and topcoats. Based on submitted
test data, EPA predicts blood and
hematology effects. Further, based on
SAR analysis of test data on analogous
amides, EPA predicts toxicity to aquatic
organisms may occur at concentrations
that exceed 2 ppb of the PMN
substances in surface waters. The Order
was issued under TSCA sections
5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I),
based on a finding that the substances
may present an unreasonable risk of
injury to human health and the
environment. To protect against these
risks, the consent order requires:
(1) No domestic manufacture of the
PMN substances.
(2) No manufacture beyond the
annual production volume specified in
the consent order.
(3) Use of the PMN substances only
for the use specified in the consent
order.
(4) Compliance with the release to
water provisions.
Recommended testing: EPA has
determined that the results of certain
human health and environmental
toxicity testing would help characterize
the PMN substances. The submitter has
agreed not to exceed the confidential
production limit without performing a
fish early-life stage toxicity test (OCSPP
Test Guideline 850.1400), a daphnid
chronic toxicity test (OCSPP Test
Guideline 850.1300), and an algal
toxicity test (OCSPP Test Guideline
850.1300). In addition, EPA has
determined that the results of a repeated
dose dermal toxicity test (OPPTS Test
Guideline 870.3200) would help
characterize the human health effects of
the PMN substances. The Order’s
restrictions on manufacture, processing,
distribution in commerce, and disposal
will remain in effect until the Order is
modified or revoked by EPA based on
submission of this or other relevant
information.
CFR citation: 40 CFR 721.11005.
PMN Number: P–16–315
Chemical name: Alkyldiene, polymer,
hydroxy terminated
alkoxysilylalkylcarbamate (generic).
CAS number: Not available.
Effective date of TSCA section 5(e)
consent order: January 17, 2017.
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Basis for TSCA section 5(e) consent
order: The PMN states that the PMN
substance will be used as an additive to
improve the compatibility of the
dispersibility of inorganic fillers in
industrial rubber formulation. Based on
physical/chemical properties, EPA
predicts irritation and lung effects to
unprotected workers from repeated
inhalation and dermal exposures. The
Order was issued under TSCA sections
5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I),
based on a finding that the substance
may present an unreasonable risk of
injury to human health. To protect
against these risks, the consent order
requires:
(1) No domestic manufacture of the
PMN substance.
(2) Use of the PMN substance only for
the use specified in the consent order.
Recommended testing: EPA has
determined that a 90-day subchronic
inhalation test in rodents (OCSPP
Harmonized Test Guideline 870.3465);
would help characterize possible health
effects of the substance. Although the
Order does not require this test, the
Order’s restrictions on manufacture,
processing, distribution in commerce,
and disposal will remain in effect until
the Order is modified or revoked by
EPA based on submission of this or
other relevant information.
CFR citation: 40 CFR 721.11006.
PMN Number: P–16–323
Chemical name: Alkylaldehyde,
reaction products with substituted
carbomonocycle-substituted
heteromonocycle-alkylene glycol
bis[[[[substituted(oxoneoalkyl)oxy]alkyl]
amino]alkyl] ether polymer and alkyl
substituted alkanediamine, acetate salts
(generic).
CAS number: Not available.
Effective date of TSCA section 5(e)
consent order: November 22, 2016.
Basis for TSCA section 5(e) consent
order: The PMN states that the PMN
substance will be used as a coating
resin. Based on test data on
formaldehyde and analogous cationic
polymers, EPA predicts sensitization,
carcinogenicity, and lung effects to
unprotected workers from repeated
dermal exposures. Further, based on
SAR analysis of test data on analogous
cationic polymers, EPA predicts toxicity
to aquatic organisms may occur at
concentrations that exceed 32 ppb of the
PMN substance in surface waters. The
Order was issued under TSCA sections
5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I),
based on a finding that the substance
may present an unreasonable risk of
injury to human health and the
environment. To protect against these
risks, the consent order requires:
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(1) No manufacture of the PMN such
that residual formaldehyde is more than
0.1 weight percent of the PMN
substance.
(2) Establishment and use of a hazard
communication program, including
human health precautionary statements
on each label and in the SDS.
(3) Use of the PMN substance only for
the use specified in the consent order.
(4) No application method that
generates a dust, mist, or aerosol.
Recommended testing: EPA has
determined that a 28-day subacute
inhalation toxicity study (OECD 412), a
fish acute toxicity test mitigated by
humic acid (OCSPP Test Guideline
850.1085), an aquatic invertebrate, acute
toxicity test, freshwater daphnids
(OCSPP Test Guideline 850.1075), and
an algal toxicity test (OCSPP Test
Guideline 850.4500) would help
characterize possible health and
environmental effects of the substance.
Although the Order does not require
these tests, the Order’s restrictions on
manufacture, processing, distribution in
commerce, and disposal will remain in
effect until the Order is modified or
revoked by EPA based on submission of
this or other relevant information.
CFR citation: 40 CFR 721.11007.
PMN Numbers: P–16–330 and P–16–331
Chemical names: Hydroxy functional
triglyceride polymer with glycerol
mono-ester and 1,1′-methylenebis[4isocyanatobenzene] (P–16–330) and
Hydroxy functional triglyceride polymer
with glycerol mono-ester and 1,1′methylenebis[isocyanatobenzene] (P–
16–331) (generic)
CAS numbers: Not available
Effective date of TSCA section 5(e)
consent order: February 14, 2017.
Basis for TSCA section 5(e) consent
order: The PMN states that the PMN
substances will be used as industrial
adhesives. Based on submitted test data,
EPA predicts dermal sensitization,
respiratory sensitization, and lung
effects to unprotected workers from
repeated inhalation and dermal
exposures. The Order was issued under
TSCA sections 5(a)(3)(B)(ii)(I) and
5(e)(1)(A)(ii)(I), based on a finding that
the substances may present an
unreasonable risk of injury to human
health. To protect against these risks,
the consent order requires:
(1) Manufacture of the PMN
substances to contain no more than
0.1% residual isocyanate by weight.
(2) No sale of the PMN substances for
‘‘consumer use’’ or for ‘‘commercial
uses’’ (as the term is defined in § 721.3)
when the ‘‘saleable goods or service’’
could introduce PMNs material into a
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‘‘consumer’’ setting (as that term is
defined in § 721.3).
(3) Establishment and use of a hazard
communication program, including
human health precautionary statements
on each label and in the SDS.
Recommended testing: EPA has
determined that a skin sensitization
study (OPPTS 870.2600) and a 90-day
inhalation study (OPPTS 870.3465)
would help characterize possible health
effects of the substances. Although the
Order does not require these tests, the
Order’s restrictions on manufacture,
processing, distribution in commerce,
and disposal will remain in effect until
the Order is modified or revoked by
EPA based on submission of this or
other relevant information.
CFR citations: 40 CFR 721.11008 (P–
16–330) and 40 CFR 721.11009 (P–16–
331).
PMN Number: P–16–360
Chemical name: Poly(oxy-1,2ethanediyl),.alpha.-(1-oxodocosyl).omega.-[(1-oxodocosyl)oxy]-.
CAS number: 36493–27–3.
Effective date of TSCA section 5(e)
consent order: December 12, 2016.
Basis for TSCA section 5(e) consent
order: The PMN states that the PMN
substance will be used as a fuel
additive. Based on physical/chemical
properties, EPA estimates the PMN
substance would have low
environmental hazard due to its poor
water solubility. However, if the number
of repeating ethylene oxide units in the
polymer is large (i.e., greater than 10),
the polymer would become a dispersible
surfactant. Based on SAR analysis of test
data on an analogous nonionic polymer,
EPA predicts toxicity to aquatic
organisms may occur at concentrations
that exceed 350 ppb of the PMN
substance in surface waters. The Order
was issued under TSCA sections
5(a)(3)(B)(ii)(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. To protect
against these risks, the consent order
requires manufacture such that no more
than 33% of the PMN substance
contains 10 or more repeating ethylene
oxide units.
Recommended testing: EPA has
determined that an acute invertebrate
toxicity test, freshwater daphnids
(OCSPP Test Guideline 850.1010), a fish
acute toxicity test, freshwater and
marine (OCSPP Test Guideline
850.1075), a fish early-life stage toxicity
test (OCSPP Test Guideline 850.1400), a
daphnid chronic toxicity test (OCSPP
Test Guideline 850.1300), and an algal
toxicity test (OCSPP Test Guideline
850.4500) would help characterize
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possible environmental effects of the
substance. Although the Order does not
require these tests, the Order’s
restrictions on manufacture, processing,
distribution in commerce, and disposal
will remain in effect until the Order is
modified or revoked by EPA based on
submission of this or other relevant
information.
CFR citation: 40 CFR 721.11010.
PMN Number: P–16–361
Chemical name: Pulp, cellulose,
reaction products with lignin.
CAS number: 1671062–70–6.
Effective date of TSCA section 5(e)
consent order: December 12, 2016.
Basis for TSCA section 5(e) consent
order: The PMN states that the PMN
substance will be used as plastic
reinforcement. Based on SAR analysis
on structurally similar respirable poorly
soluble particulates, EPA predicts
pulmonary toxicity to unprotected
workers from repeated inhalational
exposures. The Order was issued under
TSCA sections 5(a)(3)(B)(ii)(I) and
5(e)(1)(A)(ii)(I), based on a finding that
the substance may present an
unreasonable risk of injury to human
health. To protect against these risks,
the consent order requires:
(1) Distribution of the PMN substance
only in a liquid or gel formulation,
unless the solid particle form has a
particle size distribution where less
than 0.5% of the particles are less than
10 microns.
(2) No use in application methods that
generate a dust, mist, or aerosol unless
such application method occurs in an
enclosed process.
Recommended testing: EPA has
determined that the results of physical/
chemical characteristics would help
characterize the PMN substance. The
submitter has agreed not to manufacture
beyond a certain time period without
measuring the particle size distribution
to characterize the particle size
distribution of fractions less than 10
microns of the dry particle PMN
substance.
CFR citation: 40 CFR 721.11011.
PMN Numbers: P–16–365 and P–16–367
Chemical names: Alkyl carbonate,
polymer with, substituted alkanes and
substituted heteromonocycle,
substituted alkyl acrylate-blocked
(generic) (P–16–365) and substituted
heteromonocycle, polymer with
substituted alkane and ethoxylated
alkane, substituted heteromonocycle
substituted alkyl ester-blocked (generic)
(P–16–367).
CAS numbers: Not available.
Effective date of TSCA section 5(e)
consent order: January 3, 2017.
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Basis for TSCA section 5(e) consent
order: The PMN states that the PMN
substances will be used as a UV curable
coating resin for industrial use. Based
on SAR analysis on structurally similar
diisocyanates and acrylates, EPA
predicts eye and skin irritation, dermal
sensitization, respiratory sensitization,
lung effects, mutagenicity, cancer,
developmental, liver, and kidney
toxicity to unprotected workers from
repeated inhalation and dermal
exposures. The Order was issued under
TSCA sections 5(a)(3)(B)(ii)(I) and
5(e)(1)(A)(ii)(I), based on a finding that
the substances may present an
unreasonable risk of injury to human
health. To protect against these risks,
the consent order requires:
(1) Use of personal protective
equipment involving impervious gloves
(where there is a potential for dermal
exposure).
(2) Establishment and use of a hazard
communication program, including
human health precautionary statements
on each label and in the SDS.
(3) No manufacture, process, or use of
the substances as consumer products.
(4) Manufacture of the PMN
substances to contain no more than 0.1
residual isocyanate by weight.
Recommended testing: EPA has
determined that the results of a local
lymph node assay (OPPTS 870.2600), a
90-day inhalation toxicity test with 60day holding period (OPPTS 870.3465),
and a two-year oral bioassay (OPPTS
870.4200) would help characterize
possible health effects of the substances.
Although the Order does not require
these tests, the Order’s restrictions on
manufacture, processing, distribution in
commerce, and disposal will remain in
effect until the Order is modified or
revoked by EPA based on submission of
this or other relevant information.
CFR citations: 40 CFR 721.11012 (P–
16–365) and 40 CFR 721.11013 (P–16–
367).
PMN Number: P–16–369
Chemical name: Substituted
heteromonocycle, telomer with
substituted carbomonocycles,
substituted alkyl ester (generic).
CAS number: Not available.
Effective date of TSCA section 5(e)
consent order: January 23, 2017.
Basis for TSCA section 5(e) consent
order: The PMN states that the PMN
substance will be used as a UV curable
coating resin for industrial use. Based
on SAR analysis on structurally similar
acrylates and other chemicals, EPA
predicts eye and skin irritation, dermal
sensitization, respiratory sensitization,
lung effects, mutagenicity, cancer,
developmental toxicity, liver, and
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kidney toxicity to unprotected workers
from repeated inhalation and dermal
exposures. The Order was issued under
TSCA sections 5(a)(3)(B)(ii)(I) and
5(e)(1)(A)(ii)(I), based on a finding that
the substance may present an
unreasonable risk of injury to human
health. To protect against these 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) No manufacture, process, or use of
the substance for use in a consumer
product.
(3) Establishment and use of a hazard
communication program, including
human health precautionary statements
on each label and in the SDS.
(4) Manufacture of the PMN substance
to contain no more than 0.1 residual by
weight of chemicals described in the
5(e) consent order.
Recommended testing: EPA has
determined that the results of certain
human health toxicity testing would
help characterize the PMN substance.
The submitter has agreed not to exceed
the confidential production limit
without performing a 90-day inhalation
toxicity test (OPPTS Test Guideline
870.3465 or OECD Test Guideline 413).
In addition, EPA has determined that
the results of a skin sensitization
(OPPTS 870.2600), a local lymph node
assay (OECD 429), and two-year
bioassay (oral) (OPPTS 870.4200) would
help characterize possible health effects
of the substance. Although the Order
does not require these tests, the Order’s
restrictions on manufacture, processing,
distribution in commerce, and disposal
will remain in effect until the Order is
modified or revoked by EPA based on
submission of this or other relevant
information.
CFR citation: 40 CFR 721.11014.
PMN Number: P–16–387
Chemical name: Aliphatic
polycarboxylic acid, polymer with
alicyclic polyhydric alcohol and
polyoxyalkylene (generic).
CAS number: Not available.
Effective date of TSCA section 5(e)
consent order: February 7, 2017.
Basis for TSCA section 5(e) consent
order: The PMN states that the PMN
substance will be used as an additive for
a polymer. Based on physical/chemical
properties of the PMN substance, EPA
predicts lung effects to unprotected
workers from repeated exposures. The
Order was issued under TSCA sections
5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I),
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based on a finding that the substance
may present an unreasonable risk of
injury to human health. To protect
against these risks, the consent order
requires:
(1) Manufacture of the PMN substance
such that the minimum average
molecular weight is 18,000 daltons.
(2) No processing or use in any
manner or method that generates a dust,
mist, or aerosol.
(3) Establishment and use of a hazard
communication program, including
human health precautionary statements
on each label and in the SDS.
Recommended testing: EPA has
determined that the results of a 90-day
inhalation toxicity test with 30-day
holding period (OPPTS 870.3465), a
combined repeated dose toxicity study
with the reproduction/developmental
toxicity screening test (OECD 422) an
acute fish toxicity test (OCSPP
850.1075), an acute daphnia toxicity test
(OCSPP 850.1300), and an algal toxicity
test (OCSPP 850.4500) would help
characterize possible health and
environmental effects of the substance.
Although the Order does not require
these tests, the Order’s restrictions on
manufacture, processing, distribution in
commerce, and disposal will remain in
effect until the Order is modified or
revoked by EPA based on submission of
this or other relevant information.
CFR citation: 40 CFR 721.11015.
PMN Number: P–16–398
Chemical name: Di-ammonium dicarboxylate (generic).
CAS number: Not available.
Effective date of TSCA section 5(e)
consent order: November 14, 2016.
Basis for TSCA section 5(e) consent
order: The PMN states that the PMN
substance will be used as a corrosion
inhibitor. Based on test data on
analogous anionic surfactants, EPA
predicts eye and mucous membrane
irritation and skin sensitization to
unprotected workers from repeated
dermal exposures. The Order was issued
under TSCA sections 5(a)(3)(B)(ii)(I) and
5(e)(1)(A)(ii)(I), based on a finding that
the substance may present an
unreasonable risk of injury to human
health. To protect against these risks,
the consent order requires:
1. Use of personal protective
equipment including impervious gloves
and protective clothing to prevent
dermal exposure.
2. Use of the PMN substance only for
the use specified in the consent order.
3. Establishment and use of a hazard
communication program, including
human health precautionary statements
on each label and in the SDS.
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Recommended testing: EPA has
determined that the results of certain
human health toxicity testing would
help characterize the effects of the PMN
substance. The submitter has agreed not
to exceed the confidential production
limit without performing three skin
sensitization studies (OECD 442B),
(OECD 442C), and (OECD 442D).
CFR citation: 40 CFR 721.11016.
PMN Number: P–16–455
Chemical name: Sodium tungsten
oxide.
CAS number: Not available.
Effective date of TSCA section 5(e)
consent order: November 2, 2016.
Basis for TSCA section 5(e) consent
order: The PMN states that the PMN
substance will be used as a component
of infrared absorption material. Based
on SAR analysis on structurally similar
respirable poorly soluble particulates,
EPA predicts pulmonary toxicity and
carcinogenicity to unprotected workers
from repeated inhalation exposures.
Further, based on test data on analogous
tungsten oxide, EPA predicts toxicity to
aquatic organisms may occur at
concentrations that exceed 1 ppb of the
PMN substance in surface waters. The
Order was issued under TSCA sections
5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I),
based on a finding that the substance
may present an unreasonable risk of
injury to human health and the
environment. To protect against these
risks, the consent order requires:
1. Use of personal protective
equipment to prevent dermal exposure.
2. Use of a NIOSH-certified respirator
with an APF of at least 1000 or
compliance with a NCEL of 0.3 ppm as
an 8-hour time-weighted average to
prevent inhalation exposure.
3. Establishment and use of a hazard
communication program, including
human health precautionary statements
on each label and in the SDS.
4. Use of the PMN substance only for
the use specified in the consent order.
5. No use in application methods that
generate a dust, mist, or aerosol unless
such application method occurs in an
enclosed process.
6. No use of the PMN substance
resulting in releases to surface waters
and disposal of the PMN substance only
by landfill or incineration.
Recommended testing: EPA has
determined that the results of certain
human health toxicity testing would
help characterize the PMN substance.
The submitter has agreed not to exceed
the confidential production limit
without performing a 90-day inhalation
toxicity test (OPPTS Test Guideline
870.3465 or OECD Test Guideline 413)
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and a two- year inhalation bioassay test
(OPPTS 870.4200).
CFR citation: 40 CFR 721.11017.
PMN Number: P–16–503
Chemical name: Fatty acids, tall-oil,
polymers with alkanoic acid,
substituted carbomonocycle, alkyl
peroxide-initiated (generic).
CAS number: Not available.
Effective date of TSCA section 5(e)
consent order: January 11, 2017.
Basis for TSCA section 5(e) consent
order: The PMN states that the PMN
substance will be used as a site-limited
polymer intermediate for production of
a deck stain coating resin additive.
Based on physical/chemical properties,
EPA predicts low health hazard for the
PMN substance when it is manufactured
as described in the PMN. However, if
the chemical substance is manufactured
with a lower molecular weight and a
higher proportion of the acid
component (i.e., greater than 20%), the
PMN substance could cause
developmental effects in unprotected
workers from repeated dermal and
inhalation exposures. Further, based on
physical/chemical properties, EPA
predicts low hazard for the PMN
substance when it is manufactured as
described in the PMN due to low water
solubility. However, if the chemical
substance is manufactured with a higher
proportion of the acid component (i.e.,
greater than 20%), there is potential for
aquatic toxicity. The Order was issued
under TSCA sections 5(a)(3)(B)(ii)(I) and
5(e)(1)(A)(ii)(I), based on a finding that
the substance may present an
unreasonable risk of injury to human
health and the environment. To protect
against these risks, the consent order
requires:
1. Manufacture of the PMN substance
to have an average molecular weight no
less than 1500 daltons.
2. Manufacture of the PMN substance
to have no more than 24% by weight of
the acid component.
3. Use of the PMN substance only as
intermediate.
Recommended testing: EPA has
determined that a combined repeated
dose toxicity study with the
reproduction/developmental toxicity
screening test (OECD 422), water
solubility test, log Kow tests, a
compositional/component analysis
(certificate of analysis), a fish early-life
stage toxicity test (OCSPP Test
Guideline 850.1400), a daphnid chronic
toxicity test (OCSPP Test Guideline
850.1300), fish acute toxicity mitigated
by humic acid (OCSPP Test Guideline
850.1085), an aquatic invertebrate, acute
toxicity test, freshwater daphnids
(OCSPP Test Guideline 850.1075), and
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an algal toxicity test (OCSPP Test
Guideline 850.4500) would help
characterize the physical-chemical
properties and possible health and
environmental effects of the substance.
Although the Order does not require
these tests, the Order’s restrictions on
manufacture, processing, distribution in
commerce, and disposal will remain in
effect until the Order is modified or
revoked by EPA based on submission of
this or other relevant information.
CFR citation: 40 CFR 721.11018.
PMN Number: P–16–591
Chemical name: Alkyl bisphenol
(generic).
CAS number: Not available.
Effective date of TSCA section 5(e)
consent order: January 9, 2017.
Basis for TSCA section 5(e) consent
order: The PMN states that the PMN
substance will be used as a component
of printing ink. Based on test data on
bisphenol analogs, EPA predicts
irritation to eyes, skin, lung, and
mucous membranes; developmental,
reproductive, liver and kidney
toxicities; dermal sensitization;
photosensitization; effects to the
adrenals and other toxic effects
associated with an endocrine disruption
mode of action to unprotected workers
from repeated dermal and inhalation
exposures. Further, based on SAR
analysis of test data on analogous
phenols, EPA predicts toxicity to
aquatic organisms may occur at
concentrations that exceed 2 ppb of the
PMN substance in surface waters. The
Order was issued under TSCA sections
5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I),
based on a finding that the substance
may present an unreasonable risk of
injury to human health and the
environment. To protect against these
risks, the consent order requires:
1. Use of personal protective
equipment including impervious gloves
and protective clothing to prevent
dermal exposure and a NIOSH-certified
respirator with an APF of at least 10 to
prevent inhalation exposure.
2. Use of the PMN substance only for
the use specified in the consent order.
3. Establishment and use of a hazard
communication program, including
human health precautionary statements
on each label and in the SDS.
4. No use of the PMN substance
resulting in releases to surface waters.
Recommended testing: EPA has
determined that the results of certain
human health and environmental
toxicity testing would help characterize
the PMN substance. The submitter has
agreed not to exceed the confidential
production limit without performing the
reproduction/developmental toxicity
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screening test (OECD 422). In addition,
EPA has determined that the results of
a fish early-life stage toxicity test
(OCSPP Test Guideline 850.1400) and a
daphnid chronic toxicity test (OCSPP
Test Guideline 850.1300) would help
characterize the environmental effects of
the PMN substance. Although the Order
does not require these tests, the Order’s
restrictions on manufacture, processing,
distribution in commerce, and disposal
will remain in effect until the Order is
modified or revoked by EPA based on
submission of this or other relevant
information.
CFR citation: 40 CFR 721.11019.
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 all 29 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.).
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 TSCA Chemical Substance
Inventory (TSCA Inventory) 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 either determine
that the prospective manufacture or
processing is not likely to present an
unreasonable risk, or to take necessary
regulatory action associated with any
other determination, before the
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described significant new use of the
chemical substance occurs.
• 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 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). In accordance with
§ 721.160(c)(3)(ii) the effective date of
this rule is December 18, 2017 without
further notice, unless EPA receives
written adverse or critical comments, or
notice of intent to submit adverse or
critical comments before November 20,
2017.
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
November 20, 2017, 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.
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VII. Applicability of the Significant
New Use Designation
To establish a significant new use,
EPA must determine that the use is not
ongoing. The chemical substances
subject to this rule have undergone
premanufacture review. In cases where
EPA has not received a notice of
commencement (NOC) and the chemical
substance has not been added to the
TSCA Inventory, no person may
commence such activities without first
submitting a PMN. Therefore, for
chemical substances for which an NOC
has not been submitted EPA concludes
that the designated significant new uses
are not ongoing.
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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 these 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
19 of the 29 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 July 10,
2017 (the date of public release/web
posting of this rule) as the cutoff date for
determining whether the new use is
ongoing. This designation varies slightly
from EPA’s past practice of designating
the date of Federal Register publication
as the date for making this
determination. The objective of EPA’s
approach has been to ensure that a
person could not defeat a SNUR by
initiating a significant new use before
the effective date of the direct final rule.
In developing this rule, EPA has
recognized that, given EPA’s practice of
now posting rules on its Web site a
week or more in advance of Federal
Register publication, this objective
could be thwarted even before that
publication. Thus, EPA has slightly
modified its approach in this
rulemaking and plans to follow this
modified approach in future significant
new use rulemakings.
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.
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48645
VIII. Development and Submission of
Information
EPA recognizes that TSCA section 5
does not require developing any
particular new information (e.g.,
generating test data) before submission
of a SNUN. There is an exception: TSCA
section 5(b)(1) requires development of
test data where the chemical substance
subject to the SNUR is also subject to a
rule, order or consent agreement under
TSCA section 4 (15 U.S.C. 2603).
In the absence of a rule order, or
consent agreement under TSCA section
4 covering the chemical substance,
persons are required only to submit
information in their possession or
control and to describe any other
information 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. Unit IV. lists
required or recommended testing for all
of the listed 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 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 tests specified in
the order 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 at least 14 weeks
(earlier TSCA section 5(e) consent
orders required submissions at least 12
weeks) 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
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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 § 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)
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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
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
§ 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 §§ 720.40 and
721.25. E–PMN software is available
electronically at https://www.epa.gov/
reviewing-new-chemicals-under-toxicsubstances-control-act-tsca.
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–
2017–0166.
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
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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.
605(b)), that promulgation of a SNUR
does not have a significant economic
impact on a substantial number of small
entities where the following are true:
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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. 1502, 1503,
1504, or 1505 et seq.).
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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
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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
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.
48647
Dated: July 7, 2017.
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]
1. The authority citation for part 9
continues to read as follows:
■
Authority: 7 U.S.C. 135 et seq., 136–136y;
15 U.S.C. 2001, 2003, 2005, 2006, 2601–2671;
21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33
U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318,
1321, 1326, 1330, 1342, 1344, 1345 (d) and
(e), 1361; E.O. 11735, 38 FR 21243, 3 CFR,
1971–1975 Comp. p. 973; 42 U.S.C. 241,
242b, 243, 246, 300f, 300g, 300g–1, 300g–2,
300g–3, 300g–4, 300g–5, 300g–6, 300j–1,
300j–2, 300j–3, 300j–4, 300j–9, 1857 et seq.,
6901–6992k, 7401–7671q, 7542, 9601–9657,
11023, 11048.
2. In § 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.
*
*
*
*
*
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
*
*
721.10996
721.10997
721.10998
721.10999
721.11000
721.11001
721.11002
721.11003
721.11004
721.11005
721.11006
721.11007
721.11008
721.11009
721.11010
721.11011
721.11012
721.11013
721.11014
721.11015
721.11016
721.11017
721.11018
721.11019
*
*
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.............................
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.............................
.............................
*
2070–0012
2070–0012
2070–0012
2070–0012
2070–0012
2070–0012
2070–0012
2070–0012
2070–0012
2070–0012
2070–0012
2070–0012
2070–0012
2070–0012
2070–0012
2070–0012
2070–0012
2070–0012
2070–0012
2070–0012
2070–0012
2070–0012
2070–0012
2070–0012
40 CFR Part 721
*
Environmental protection, Chemicals,
Hazardous substances, Reporting and
recordkeeping requirements.
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*
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*
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PART 721—[AMENDED]
3. The authority citation for part 721
continues to read as follows:
■
Authority: 15 U.S.C. 2604, 2607, and
2625(c).
4. Add § 721.10996 to subpart E to
read as follows:
■
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§ 721.10996 1,2,4-Benzenetricarboxylic
acid, mixed decyl and octyl triesters.
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified as
1,2,4-benzenetricarboxylic acid, mixed
decyl and octyl triesters (PMN P–15–
310) 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) and (3) and (b)
(concentration set at 1.0 percent).
(ii) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80(p) (2,440,000
kilograms), (s) (150,000 kilograms). It is
a significant new use to use the PMN
substance other than as a lubricant in
chain oils for conveyor belts.
(iii) Hazard communication program.
A significant new use of the substance
is any manner or method of
manufacture or processing associated
with any use of the substance without
providing risk notification as follows:
(A) If as a result of the test data
required under the TSCA section 5(e)
consent order for the substance, the
employer becomes aware that the
substance may present a risk of injury
to human health or the environment, the
employer must incorporate this new
information, and any information on
methods for protecting against such risk,
into a MSDS as described in § 721.72(c)
within 90 days from the time the
employer becomes aware of the new
information. If the substance is not
being manufactured, processed, or used
in the employer’s workplace, the
employer must add the new information
to a MSDS before the substance is
reintroduced into the workplace.
(B) The employer must ensure that
persons who will receive the PMN
substance from the employer, or who
have received the PMN substance from
the employer within 5 years from the
date the employer becomes aware of the
new information described in paragraph
(a)(2)(iii)(A) of this section, are provided
an MSDS containing the information
required under paragraph (a)(2)(iii)(A)
of this section within 90 days from the
time the employer becomes aware of the
new information.
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(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph (b).
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (f) 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 § 721.10997 to subpart E to
read as follows:
§ 721.10997
(generic).
Multiwalled carbon nanotubes
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substances identified
generically as multiwalled carbon
nanotubes (PMN P–15–487/488/489/
490/491) are subject to reporting under
this section for the significant new uses
described in paragraph (a)(2) of this
section. The requirements of this section
do not apply when the PMN substances
have been incorporated into a polymer
matrix that has been reacted (cured) or
embedded in a permanent solid polymer
form that is not intended to undergo
further processing except mechanical
processing.
(2) The significant new uses are:
(i) Protection in the workplace.
Requirements as specified in
§ 721.63(a)(1), (a)(2)(i) and (ii), (a)(3),
(4), and (6) (particulate), and (c). When
determining which persons are
reasonably likely to be exposed as
required for § 721.63(a)(1) and (4),
engineering control measures (e.g.,
enclosure or confinement of the
operation, general and local ventilation)
or administrative control measures (e.g.,
workplace policies and procedures)
shall be considered and implemented to
prevent exposure, where feasible. The
following National Institute for
Occupational Safety and Health
(NIOSH)-certified respirators with an
APF of at least 50 meet the requirements
of § 721.63(a)(4):
(A) A NIOSH-certified air-purifying,
tight-fitting full-face respirator equipped
with N–100, P–100, or R–100 cartridges.
(B) Any NIOSH-certified powered airpurifying respirator equipped with a
tight-fitting full facepiece and equipped
with HEPA filters.
(C) Any NIOSH-certified negative
pressure (demand) supplied-air
respirator equipped with a full
facepiece.
(ii) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80(k) (additives for
electro-static discharge in electronic
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devices, electronics, and materials;
additives for weight reduction in
materials; additives to improve
mechanical properties or electrical
conductivities; heat-generating elements
in heating devices and materials;
additives for heat transfer and thermal
emissions in electronic devices and
materials; semi-conductor, conductive,
or resistive elements in electronic
circuity and devices; additives to
improve conductivity in electronic
circuitry, energy storage systems, and
devices; electron emitters for lighting
and x-ray sources; additive for
electromagnetic interface shielding in
electronic devices; additives for
electrodes in electronic materials and
electronic devices; catalyst support in
chemical manufacturing; coating
additives to improve corrosion
resistance of conductive properties;
additives for fibers in structural and
electrical applications; additives for
fibers in fabrics and textiles; filter
additives to remove nanoscale materials;
semi-conducting compounding
additives for high-voltage cable; and
additives for super-hydrophobicity). A
significant new use is any use involving
an application method that generates a
dust, mist or aerosol.
(iii) Disposal. Requirements as
specified in § 721.85(a)(1) and (2), (b)(1)
and (2), and (c)(1) and (2).
(iv) 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 (b).
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (e) and (i) through
(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.
■ 6. Add § 721.10998 to subpart E to
read as follows:
§ 721.10998
(2:1).
Propanoic acid, iron (2+) salt
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified as
propanoic acid, iron (2+) salt (2:1) (CAS
#1952336–63–8) (PMN P–16–165) 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) and (5) (particulate) and
(b) (concentration set at 1.0 percent).
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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 APF of at least 10
meet the requirements of § 721.63(a)(4):
(A) NIOSH-certified respirator with an
N–100, P–100, or R–100 cartridge.
(B) 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.
(C) NIOSH-certified continuous flow
supplied-air respirator equipped with a
loose fitting facepiece, hood, or helmet.
(ii) Hazard communication.
Requirements as specified in § 721.72(a)
through (e) (concentration set at 1.0
percent), (f), (g)(1)(iv) and (ix), (g)(2)(ii),
(iii), and (iv), and (g)(5). Alternative
hazard and warning statements that
meet the criteria of the Globally
Harmonized System (GHS) and OSHA
Hazard Communication Standard may
be used.
(iii) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80(l), (p) (270,000
kilograms), (s) (5,000 kilograms). It is a
significant new use to use the substance
in formulations where the concentration
is greater than 1 percent.
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph (b).
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (d) and (f) through
(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.
■ 7. Add § 721.10999 to subpart E to
read as follows:
rmajette on DSKBCKNHB2PROD with RULES
§ 721.10999 1-Butanaminium, N,N,Ntributyl-, carbonic acid (1:1).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified as
1-butanaminium, N,N,N-tributyl-,
carbonic acid (1:1) (PMN P–16–255;
CAS No. 17351–62–1) is subject to
reporting under this section for the
significant new uses described in
paragraph (a)(2) of this section.
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(2) The significant new uses are:
(i) Protection in the workplace.
Requirements as specified in
§ 721.63(a)(1) and (3) and (b)
(concentration set at 1.0 percent).
(ii) Hazard communication.
Requirements as specified in § 721.72(a)
through (e) (concentration set at 1.0
percent), (f), (g)(1)(i) and (ii), (g)(2)(i),
(ii), (iii), and (v), (g)(3)(i) and (ii), and
(g)(5) and Notice to users: Minimize
release to water. Alternative hazard and
warning statements that meet the
criteria of the Globally Harmonized
System (GHS) and OSHA Hazard
Communication Standard may be used.
(iii) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80(p) (64,000
kilograms aggregate of P–16–255, P–16–
256, P–16–257, P–16–258, and P–16–
259). It is a significant new use to
manufacture, process, or use the
substance other than as a blocked
catalyst for paints and coatings. It is a
significant new use to spray apply the
PMN substance where the concentration
of any combination of P–16–255, P–16–
256, P–16–257, P–16–258, and P–16–
259 in the final paint/coating
formulation exceeds 1.5% by weight.
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph (b).
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (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.
■ 8. Add § 721.11000 to subpart E to
read as follows:
§ 721.11000 1-Butanaminium, N,N,Ntributyl-, methyl carbonate (1:1).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified as
1-Butanaminium, N,N,N-tributyl-,
methyl carbonate (1:1) (PMN P–16–256;
CAS No. 56294–05–2) 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) and (3) and (b)
(concentration set at 1.0 percent).
(ii) Hazard communication.
Requirements as specified in § 721.72(a)
through (e) (concentration set at 1.0
percent), (f), (g)(1)(i) and (ii), (g)(2)(i),
(ii), (iii), and (v), (g)(3)(i) and (ii), and
(g)(5) and Notice to users: Minimize
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release to water. Alternative hazard and
warning statements that meet the
criteria of the Globally Harmonized
System (GHS) and OSHA Hazard
Communication Standard may be used.
(iii) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80(p) (64,000
kilograms aggregate of P–16–255, P–16–
256, P–16–257, P–16–258, and P–16–
259). It is a significant new use to
manufacture, process, or use the
substance other than as a blocked
catalyst for paints and coatings. It is a
significant new use to spray apply the
PMN substance where the concentration
of any combination of P–16–255, P–16–
256, P–16–257, P–16–258, and P–16–
259 in the final paint/coating
formulation exceeds 1.5% by weight.
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph (b).
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (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.
■ 9. Add § 721.11001 to subpart E to
read as follows:
§ 721.11001 1-Butanaminium, N,N,Ntributyl-, ethyl carbonate (1:1).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified as
1-butanaminium, N,N,N-tributyl-, ethyl
carbonate (1:1) (PMN P–16–257; CAS
No. 478796–04–2) 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) and (3) and (b)
(concentration set at 1.0 percent).
(ii) Hazard communication.
Requirements as specified in § 721.72(a)
through (e) (concentration set at 1.0
percent), (f), (g)(1)(i) and (ii), (g)(2)(i),
(ii), (iii), and (v), (g)(3)(i) and (ii), and
(g)(5) and Notice to users: Minimize
release to water. Alternative hazard and
warning statements that meet the
criteria of the Globally Harmonized
System (GHS) and OSHA Hazard
Communication Standard may be used.
(iii) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80(p)(64,000
kilograms aggregate of P–16–255, P–16–
256, P–16–257, P–16–258, and P–16–
259). It is a significant new use to
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manufacture, process, or use the
substance other than as a blocked
catalyst for paints and coatings. It is a
significant new use to spray apply the
PMN substance where the concentration
of any combination of P–16–255, P–16–
256, P–16–257, P–16–258, and P–16–
259 in the final paint/coating
formulation exceeds 1.5% by weight.
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph (b).
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (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.
■ 10. Add § 721.11002 to subpart E to
read as follows:
rmajette on DSKBCKNHB2PROD with RULES
§ 721.11002 1-Butanaminium, N,N,Ntributyl-, propyl carbonate (1:1).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified as
1-butanaminium, N,N,N-tributyl-,
propyl carbonate (1:1) (PMN P–16–258:
CAS No. 1338579–13–7) is subject to
reporting under this section for the
significant new uses described in
paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Protection in the workplace.
Requirements as specified in
§ 721.63(a)(1) and (3) and (b)
(concentration set at 1.0 percent).
(ii) Hazard communication.
Requirements as specified in § 721.72(a)
through (e) (concentration set at 1.0
percent), (f), (g)(1)(i) and (ii), (g)(2)(i),
(ii), (iii), and (v), (g)(3)(i) and (ii), and
(g)(5) and Notice to users: Minimize
release to water. Alternative hazard and
warning statements that meet the
criteria of the Globally Harmonized
System (GHS) and OSHA Hazard
Communication Standard may be used.
(iii) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80(p) (64,000
kilograms aggregate of P–16–255, P–16–
256, P–16–257, P–16–258, and P–16–
259). It is a significant new use to
manufacture, process, or use the
substance other than as a blocked
catalyst for paints and coatings. It is a
significant new use to spray apply the
PMN substance where the concentration
of any combination of P–16–255, P–16–
256, P–16–257, P–16–258, and P–16–
259 in the final paint/coating
formulation exceeds 1.5% by weight.
(b) Specific requirements. The
provisions of subpart A of this part
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apply to this section except as modified
by this paragraph (b).
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (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.
■ 11. Add § 721.11003 to subpart E to
read as follows:
§ 721.11003 1-Butanaminium, N,N,Ntributyl-, and 1-methylethyl carbonate.
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified as
1-butanaminium, N,N,N-tributyl-, and 1methylethyl carbonate (PMN P–16–259;
CAS No. 1803407–49–9) 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) Protection in the workplace.
Requirements as specified in
§ 721.63(a)(1) and (3) and (b)
(concentration set at 1.0 percent).
(ii) Hazard communication.
Requirements as specified in § 721.72(a)
through (e) (concentration set at 1.0
percent), (f), (g)(1)(i) and (ii), (g)(2)(i),
(ii), (iii), and (v), (g)(3)(i) and (ii), (g)(4)
(Notice to users: Minimize release to
water), and (g)(5). Alternative hazard
and warning statements that meet the
criteria of the Globally Harmonized
System (GHS) and OSHA Hazard
Communication Standard may be used.
(iii) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80(p) (64,000
kilograms aggregate of P–16–255, P–16–
256, P–16–257, P–16–258, and P–16–
259). It is a significant new use to
manufacture, process, or use the
substance other than as a blocked
catalyst for paints and coatings. It is a
significant new use to spray apply the
PMN substance where the concentration
of any combination of P–16–255, P–16–
256, P–16–257, P–16–258, and P–16–
259 in the final paint/coating
formulation exceeds 1.5% by weight.
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph (b).
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (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.
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12. Add § 721.11004 to subpart E to
read as follows:
■
§ 721.11004 Anilino substituted bistriazinyl derivative of 4,4′-diaminostilbene2,2′-disulfonic acid, mixed amine sodium
salt (generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as anilino substituted bistriazinyl derivative of 4,4′diaminostilbene-2,2′-disulfonic acid,
mixed amine sodium salt (PMN P–16–
284) 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). It is a significant
new use to import or use the substance
other than in a solution. It is a
significant new use to use the substance
other than as an optical brightener for
textiles, paper, and paperboard. It is a
significant new use to use the substance
for non-industrial use or sell the
substance for ‘‘consumer use’’ or for
‘‘commercial uses’’ (as the term is
defined at § 721.3) when the ‘‘saleable
goods or service’’ could introduce the
substance into a ‘‘consumer’’ setting (as
that term is defined in § 721.3). It is a
significant new use to use the substance
for an application method that generates
a dust, mist, or aerosol unless the
application method occurs in an
enclosed process.
(ii) [Reserved].
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph (b).
(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.
■ 13. Add § 721.11005 to subpart E to
read as follows:
§ 721.11005 12-Hydroxystearic acid,
reaction products with alkylene diamine
and alkanoic acid (generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substances identified
generically as 12-Hydroxystearic acid,
reaction products with alkylene diamine
and alkanoic acid (PMNs P–16–309 and
P–16–310) are subject to reporting under
this section for the significant new uses
described in paragraph (a)(2) of this
section.
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(2) The significant new uses are:
(i) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80(f), (q), and (t). It is
a significant new use to use the PMN
substance other than as a rheological or
thixotropic agent used in the production
of solvent based industrial coatings,
high solid aromatic paints, adhesives,
sealants, and other types of paints and
topcoats.
(ii) Releases to water. Requirements as
specified in § 721.90(a)(4), (b)(4), and
(c)(4) (N=2).
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph (b).
(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.
(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.
■ 14. Add § 721.11006 to subpart E to
read as follows:
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§ 721.11006 Alkyldiene, polymer, hydroxy
terminated alkoxysilylalkylcarbamate.
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as alkyldiene, polymer,
hydroxy terminated
alkoxysilylalkylcarbamate (PMN P–16–
315) 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). It is a significant
new use to process the substance in a
manner that results in inhalation
exposure. It is a significant new use to
use the PMN substance other than as an
additive to improve the compatibility
and dispersibility of inorganic filler in
industrial rubber formulations.
(ii) [Reserved].
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph (b).
(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
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provisions of § 721.185 apply to this
section.
15. Add § 721.11007 to subpart E to
read as follows:
■
§ 721.11007 Alkylaldehyde, reaction
products with substituted carbomonocyclesubstituted heteromonocycle-alkylene
glycol
bis[[[[substituted(oxoneoalkyl)oxy]alkyl]
amino]alkyl] ether polymer and alkyl
substituted alkanediamine, acetate salts
(generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as alkylaldehyde, reaction
products with substituted
carbomonocycle-substituted
heteromonocycle-alkylene glycol
bis[[[[substituted(oxoneoalkyl)oxy]alkyl]
amino]alkyl] ether polymer and alkyl
substituted alkanediamine, acetate salts
(generic) (PMN P–16–323) is subject to
reporting under this section for the
significant new uses described in
paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Hazard communication.
Requirements as specified in § 721.72(a)
through (e) (concentration set at 0.1
percent), (f), (g)(1) (respiratory tract
irritation), (g)(1)(i) and (vii), (g)(2)(i), (ii),
and (iii), (g)(3)(i) and (ii), and (g)(5).
Alternative hazard and warning
statements that meet the criteria of the
Globally Harmonized System (GHS) and
OSHA Hazard Communication Standard
may be used.
(ii) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80(j). It is a significant
new use to manufacture the PMN
substance to contain a residual of
formaldehyde greater than 0.1 weight
percent. It is a significant new use to
manufacture the substance in a manner
that results in inhalation exposure.
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph (b).
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (c), (f), (g), and (h)
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.
16. Add § 721.11008 to subpart E to
read as follows:
■
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§ 721.11008 Hydroxy functional
triglyceride polymer with glycerol monoester and 1,1′-methylenebis[4isocyanatobenzene] (generic).
(a) Chemical substances and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as hydroxy functional
triglyceride polymer with glycerol
mono-ester and 1,1′-methylenebis[4isocyanatobenzene] (PMN P–16–330) 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), (iii), and (iv),
(a)(3), and (b) (concentration set at 0.1
percent)
(ii) Hazard communication.
Requirements as specified in § 721.72(a)
through (e) (concentration set at 1.0
percent), (f), (g)(1)(i) and (ii), (g)(2)(i),
(ii), (iii), and (v), and (g)(5). Alternative
hazard and warning statements that
meet the criteria of the Globally
Harmonized System (GHS) and OSHA
Hazard Communication Standard may
be used.
(iii) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80. It is a significant
new use to manufacture the PMN
substance to contain a residual of
isocyanate greater than 0.1 weight
percent. It is a significant new use to
sell the substance for ‘‘consumer use’’ or
for ‘‘commercial uses’’ (as the term is
defined at § 721.3) when the ‘‘saleable
goods or service’’ could introduce the
substance into a ‘‘consumer’’ setting (as
that term is defined in § 721.3).
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph (b).
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (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.
■ 17. Add § 721.11009 to subpart E to
read as follows:
§ 721.11009 Hydroxy functional
triglyceride polymer with glycerol monoester and 1,1′methylenebis[isocyanatobenzene]
(generic).
(a) Chemical substances and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as hydroxy functional
triglyceride polymer with glycerol
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mono-ester and 1,1′methylenebis[isocyanatobenzene] (PMN
P–16–331) 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), (iii), and (iv),
(a)(3), and (b) (concentration set at 0.1
percent).
(ii) Hazard communication.
Requirements as specified in § 721.72(a)
through (e) (concentration set at 1.0
percent), (f), (g)(1)(i) and (ii), (g)(2)(i),
(ii), (iii), and (v), and (g)(5). Alternative
hazard and warning statements that
meet the criteria of the Globally
Harmonized System (GHS) and OSHA
Hazard Communication Standard may
be used.
(iii) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80. It is a significant
new use to manufacture the PMN
substance to contain a residual of
isocyanate greater than 0.1 weight
percent. It is a significant new use to
sell the substance for ‘‘consumer use’’ or
for ‘‘commercial uses’’ (as the term is
defined at § 721.3) when the ‘‘saleable
goods or service’’ could introduce the
substance into a ‘‘consumer’’ setting (as
that term is defined in § 721.3).
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph (b).
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (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.
■ 18. Add § 721.11010 to subpart E to
read as follows:
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§ 721.11010 Poly(oxy-1,2ethanediyl),.alpha.-(1-oxodocosyl)-.omega.[(1-oxodocosyl)oxy]-
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as poly(oxy-1,2ethanediyl),.alpha.-(1-oxodocosyl).omega.-[(1-oxodocosyl)oxy]- (PMN P–
16–360; CAS No. 36493–27–3) is subject
to reporting under this section for the
significant new uses described in
paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80. It is a significant
new use to manufacture the PMN
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substance such that more than 33%
contains 10 or more repeating ethylene
oxide units.
(ii) [Reserved].
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph (b).
(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.
■ 19. Add § 721.11011 to subpart E to
read as follows:
§ 721.11011 Pulp, cellulose, reaction
products with lignin.
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as pulp, cellulose, reaction
products with lignin (PMN P–16–361;
CAS No. 167062–70–6) 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 after they have been
incorporated into a polymer matrix.
(2) The significant new uses are:
(i) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80(y)(1). It is a
significant new use to manufacture,
process, or use the PMN substance other
than in a liquid or gel formulation,
unless the solid particle form has a
particle size distribution where less
than 0.5% of the particles are less than
10 microns. It is a significant new use
to manufacture the solid particle form
more than six months without
measuring the particle size distribution
to characterize the particle size
distribution of fractions less than 10
microns of the dry particle PMN
substance and sending the results of the
measurement to EPA.
(ii) [Reserved].
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph (b).
(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.
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20. Add § 721.11012 to subpart E to
read as follows:
■
§ 721.11012 Alkyl carbonate, polymer with,
substituted alkanes and substituted
heteromonocycle, substituted alkyl
acrylate-blocked (generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as alkyl carbonate, polymer
with, substituted alkanes and
substituted heteromonocycle,
substituted alkyl acrylate-blocked
(generic) (PMN P–16–365) is subject to
reporting under this section for the
significant new uses described in
paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Protection in the workplace.
Requirements as specified in
§ 721.63(a)(1) and (3) and (b)
(concentration set at 0.1 percent).
(ii) Hazard communication.
Requirements as specified in § 721.72(a)
through (e) (concentration set at 0.1
percent), (f), (g)(1) (lung effects), (g)(1)
(sensitization), (g)(1)(vii), (g)(2)(i), (ii),
(iii), and (v), and (g)(5).
(iii) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80. It is a significant
new use to manufacture the substance to
contain a residual of isocyanate greater
than 0.1 weight percent. It is a
significant new use to sell the substance
for ‘‘consumer use’’ or for ‘‘commercial
uses’’ (as the term is defined at § 721.3)
when the ‘‘saleable goods or service’’
could introduce the substance into a
‘‘consumer’’ setting (as that term is
defined in § 721.3).
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph (b).
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (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.
■ 21. Add § 721.11013 to subpart E to
read as follows:
§ 721.11013 Substituted heteromonocycle,
polymer with substituted alkane and
ethoxylated alkane, substituted
heteromonocycle substituted alkyl esterblocked (generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as substituted
heteromonocycle, polymer with
substituted alkane and ethoxylated
alkane, substituted heteromonocycle
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substituted alkyl ester-blocked (PMN P–
16–367) 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 after they have been
completely reacted (cured).
(2) The significant new uses are:
(i) Protection in the workplace.
Requirements as specified in
§ 721.63(a)(1) and (3) and (b)
(concentration set at 0.1 percent).
(ii) Hazard communication.
Requirements as specified in § 721.72(a)
through (e) (concentration set at 0.1
percent), (f), (g)(1) (lung effects), (g)(1)
(sensitization), (g)(1)(vii), (g)(2)(i), (ii),
(iii), and (v), and (g)(5).
(iii) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80. It is a significant
new use to manufacture the substance to
contain a residual of isocyanate greater
than 0.1 weight percent. It is a
significant new use to sell the substance
for ‘‘consumer use’’ or for ‘‘commercial
uses’’ (as the term is defined at § 721.3)
when the ‘‘saleable goods or service’’
could introduce the substance into a
‘‘consumer’’ setting (as that term is
defined in § 721.3).
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph (b).
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (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.
■ 22. Add § 721.11014 to subpart E to
read as follows:
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§ 721.11014 Substituted heteromonocycle,
telomer with substituted carbomonocycles,
substituted alkyl ester (generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as substituted
heteromonocycle, telomer with
substituted carbomonocycles,
substituted alkyl ester (PMN P–16–369)
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 after they have been
completely reacted (cured).
(2) The significant new uses are:
(i) Protection in the workplace.
Requirements as specified in
§ 721.63(a)(1), (3), and (4), (a)(6)
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(particulate), (a)(6)(v) and (vi), and (b)
(concentration set at 0.1 percent). The
following National Institute for
Occupational Safety and Health
(NIOSH)-certified respirators with an
APF of at least 50 meet the requirements
of § 721.63(a)(4):
(A) Any NIOSH-certified air-purifying
full facepiece respirator equipped with
N100 (if oil aerosols absent), R–100, or
P–100 filter(s).
(B) Any NIOSH-certified powered airpurifying respirator equipped with a
tight-fitting full facepiece and equipped
with HEPA filters.
(C) Any NIOSH-certified negative
pressure (demand) supplied-air
respirator equipped with a full
facepiece.
(D) Any NIOSH-certified continuous
flow supplied-air respirator equipped
with a tight-fitting full facepiece (half or
full facepiece).
(E) Any NIOSH-certified negative
pressure (demand) self-contained
breathing apparatus (SCBA) equipped
with a hood or helmet or a full
facepiece.
(ii) Hazard communication.
Requirements as specified in § 721.72(a)
through (e) (concentration set at 0.1
percent), (f), (g)(1) (lung effects), (g)(1)
(sensitization), (g)(1)(vii), (g)(2)(i), (ii),
(iii), and (v), and (g)(5).
(iii) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80(q). It is a
significant new use to manufacture the
substance to contain residuals greater
than 0.1 weight percent of chemicals
described in the 5(e) consent order. It is
a significant new use to sell the
substance for ‘‘consumer use’’ or for
‘‘commercial uses’’ (as the term is
defined at § 721.3) when the ‘‘saleable
goods or service’’ could introduce the
substance into a ‘‘consumer’’ setting (as
that term is defined in § 721.3).
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph (b).
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (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)(ii) of this section.
■ 23. Add § 721.11015 to subpart E to
read as follows:
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§ 721.11015 Aliphatic polycarboxylic acid,
polymer with alicyclic polyhydric alcohol
and polyoxyalkylene (generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as aliphatic polycarboxylic
acid, polymer with alicyclic polyhydric
alcohol and polyoxyalkylene (PMN P–
16–387) is subject to reporting under
this section for the significant new uses
described in paragraph (a)(2) of this
section.
(2) The significant new uses are:
(i) Hazard communication.
Requirements as specified in § 721.72(a)
through (e) (concentration set at 1.0
percent), (f), (g)(1)(ii), (g)(2)(ii), (g)(3)(i)
and (ii), and (g)(5). Alternative hazard
and warning statements that meet the
criteria of the Globally Harmonized
System (GHS) and OSHA Hazard
Communication Standard may be used.
(ii) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80(y)(1) and (2). It is
a significant new use to manufacture the
substance with a molecular weight less
than 18,000 daltons.
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph (b).
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (c) and (f) through
(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.
■ 24. Add § 721.11016 to subpart E to
read as follows:
§ 721.11016
(generic).
Di-ammonium di-carboxylate
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as di-ammonium dicarboxylate (PMN P–16–398) 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), (iii), and (iv),
(a)(3), and (b) (concentration set at 1.0
percent).
(ii) Hazard communication.
Requirements as specified in § 721.72(a)
through (e) (concentration set at 1.0
percent), (f), (g)(1) (skin sensitization),
(g)(1)(i), (g)(2)(i) and (v), and (g)(5).
Alternative hazard and warning
statements that meet the criteria of the
Globally Harmonized System (GHS) and
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OSHA Hazard Communication Standard
may be used.
(iii) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80(j) and (q).
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph (b).
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (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)(ii) of this section.
■ 25. Add § 721.11017 to subpart E to
read as follows:
rmajette on DSKBCKNHB2PROD with RULES
§ 721.11017
Sodium tungsten oxide.
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified as
sodium tungsten oxide (PMN P–16–455)
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 substance that
have 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), (3), (4), and (6)
(particulate). The following National
Institute for Occupational Safety and
Health (NIOSH)-certified respirators
with an APF of at least 1000 meet the
requirements of § 721.63(a)(4):
(A) Any NIOSH-certified powered air
purifying full facepiece respirator
equipped with appropriate gas/vapor
(acid gas, organic vapor, or substance
specific) cartridges.
(B) Any NIOSH-certified continuous
flow supplied-air respirator equipped
with a full facepiece.
(C) Any NIOSH-certified pressuredemand or other positive pressure mode
supplied-air respirator equipped with a
full facepiece.
(D) Any NIOSH-certified continuous
flow supplied-air respirator equipped
with a full facepiece.
(E) Any NIOSH-certified pressuredemand or other positive pressure mode
supplied-air respirator equipped with a
full facepiece.
(1) As an alternative to the respiratory
requirements listed here, a manufacturer
or processor may choose to follow the
New Chemical Exposure Limit (NCEL)
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provisions listed in the TSCA section
5(e) consent order for this substance.
The NCEL is 0.3 mg/m3 as an 8-hour
time weighted average verified by actual
monitoring data.
(2) [Reserved].
(ii) Hazard communication.
Requirements as specified in § 721.72(a)
through (e) (concentration set at 0.1
percent), (f), (g)(1) (lung effects),
(g)(1)(vii), (g)(2)(ii), (iii), and (iv),
(g)(3)(ii), (g)(4)(i) and (iii), and (g)(5).
(iii) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80(q). It is a
significant new use to use the PMN
substance other than as a component of
infrared absorption material. It is a
significant new use for any application
method that generates a dust, mist, or
aerosol, unless such application method
occurs in an enclosed process.
(iv) Disposal. Requirements as
specified in § 721.85(a)(1) and (2), (b)(1)
and (2), and (c)(1) and (2).
(v) Releases 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 (b).
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (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.
■ 26. Add § 721.11018 to subpart E to
read as follows:
§ 721.11018 Fatty acids, tall-oil, polymers
with alkanoic acid, substituted
carbomonocycle, alkyl peroxide-initiated
(generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as fatty acids, tall-oil,
polymers with alkanoic acid,
substituted carbomonocycle, alkyl
peroxide-initiated (PMN P–16–503) 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 completely
reacted (cured).
(2) The significant new uses are:
(i) Industrial, commercial, and
consumer activities. Requirements as
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Sfmt 4700
specified in § 721.80(g). It is a
significant new use to manufacture the
substance to have an average molecular
weight less than 1500 daltons. It is a
significant new use to manufacture the
substance to have more than 24% by
weight of the acid component identified
in the 5(e) consent order.
(ii) [Reserved].
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph (b).
(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)(ii) of this section.
■ 27. Add § 721.11019 to subpart E to
read as follows:
§ 721.11019
Alkyl bisphenol (generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as alkyl bisphenol (PMN P–
16–591) 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), (ii), and (iv),
(a)(3) and (4), (a)(6)(v) and (vi), (a)(6)
(particulate), and (b) (concentration set
at 1.0 percent). 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 APF of at least 10
meet the requirements of § 721.63(a)(4):
(A) NIOSH-certified respirator with an
N–100, P–100, or R–100 cartridge.
(B) 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.
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(C) NIOSH-certified continuous flow
supplied-air respirator equipped with a
loose fitting facepiece, hood, or helmet.
(ii) Hazard communication.
Requirements as specified in § 721.72(a)
through (e) (concentration set at 0.1
percent), (f), (g)(1) (dermal
sensitization), (g)(1) (endocrine
disruption), (g)(1) (reproductive effects),
(g)(1)(i), (ii), (iv), and (ix), (g)(2)(i), (ii),
(iii), (iv), and (v), (g)(3)(i) and (ii),
(g)(4)(iii), and (g)(5). Alternative hazard
and warning statements that meet the
criteria of the Globally Harmonized
System (GHS) and OSHA Hazard
Communication Standard may be used.
(iii) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80(q). It is a
significant new use to use the PMN
substance in thermal paper printing
(iv) Releases 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 (b).
(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)(ii) of this section.
Editorial note: This document was
received for publication by the Office of the
Federal Register on October 10, 2017.
[FR Doc. 2017–22239 Filed 10–18–17; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
49 CFR Parts 191 and 192
[Docket No. PHMSA–2016–0016; Amdt. Nos.
191–24; 192–122]
RIN 2137–AF22
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Pipeline Safety: Safety of Underground
Natural Gas Storage Facilities
Pipeline and Hazardous
Materials Safety Administration
(PHMSA); DOT.
ACTION: Interim final rule; reopening
comment period.
AGENCY:
The Pipeline and Hazardous
Materials Safety Administration
SUMMARY:
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14:12 Oct 18, 2017
Jkt 244001
(PHMSA) is announcing an additional
opportunity for the public to comment
on an interim final rule (IFR) titled:
‘‘Pipeline Safety: Underground Natural
Gas Storage Facilities.’’ PHMSA is
reopening the comment period in
response to a petition for
reconsideration filed jointly by the
American Gas Association, American
Petroleum Institute, and the American
Public Gas Association. By reopening
the comment period, PHMSA is
providing all interested parties with the
opportunity to comment on the IFR and
the merits and claims of the petition.
PHMSA will consider all public
comments and address the petition for
reconsideration in the final rule.
DATES: The comment period for the
interim final rule published on
December 19, 2016 (81 FR 91860), is
reopened. Comments must be received
by November 20, 2017.
ADDRESSES: You may submit comments
identified by the docket number
PHMSA–2016–0016 by any of the
following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
• Fax: 1–202–493–2251.
• Mail: Hand Delivery: U.S. DOT
Docket Management System, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue SE.,
Washington, DC 20590–0001 between
9:00 a.m. and 5:00 p.m., Monday
through Friday, except Federal holidays.
Instructions: If you submit your
comments by mail, submit two copies.
To receive confirmation that PHMSA
received your comments, include a selfaddressed stamped postcard.
Note: Comments are posted without
changes or edits to https://
www.regulations.gov, including any personal
information provided. There is a privacy
statement published on https://
www.regulations.gov.
Privacy Act Statement
In accordance with 5 U.S.C. 553(c),
DOT solicits comments from the public
to better inform its rulemaking process.
DOT posts these comments, without
edit, including any personal information
the commenter provides, to
www.regulations.gov, as described in
the system of records notice (DOT/ALL–
14 FDMS), which can be reviewed at
www.dot.gov/privacy.
FOR FURTHER INFORMATION CONTACT:
Byron Coy, Senior Technical Advisor,
Pipeline Safety Policy and Programs, by
telephone at 609–771–7810 or by email
at byron.coy@dot.gov.
SUPPLEMENTARY INFORMATION: In
December 2016, PHMSA issued an
PO 00000
Frm 00047
Fmt 4700
Sfmt 9990
48655
interim final rule (IFR) titled: ‘‘Pipeline
Safety: Underground Natural Gas
Storage Facilities’’ (81 FR 91860). In the
IFR, PHMSA established minimum
federal safety standards for intrastate
and interstate underground natural gas
storage facilities under its regulatory
authority at 49 U.S.C. 60101 and 60102
and as directed by section 12 of the
‘‘Protecting our Infrastructure of
Pipelines and Enhancing Safety Act of
2016.’’ On January 18, 2017, the
American Gas Association, the
American Petroleum Institute, the
American Public Gas Association, and
the Interstate Natural Gas Association of
America (INGAA) jointly submitted a
petition seeking reconsideration of
certain provisions of the IFR. (INGAA
has since withdrawn from the petition.)
Recognizing that the IFR set certain
deadlines by which the operators of
underground natural gas storage
facilities must act but that would occur
before PHMSA could adopt a final rule,
PHMSA published a notice on June 20,
2017, in the Federal Register (82 FR
28224), announcing that (1) the agency
would not issue enforcement citations
to operators for non-compliance with
certain provisions of the IFR for a period
of one year after publication of the final
rule, and (2) it intended to address the
issues raised by the petitioners in the
final rule. For these reasons, PHMSA is
now providing the public with an
additional opportunity to comment on
the IFR and an opportunity to comment
on the issues raised in the petition.
PHMSA is therefore reopening the
comment period for this IFR until
November 20, 2017. All documents and
comments related to this matter are
available for review at https://
www.regulations.gov in docket number
PHMSA–2016–0016.
Issued in Washington, DC, on October 11,
2017, under authority delegated in 49 CFR
1.97.
Alan K. Mayberry,
Associate Administrator for Pipeline Safety.
[FR Doc. 2017–22553 Filed 10–18–17; 8:45 am]
BILLING CODE 4910–60–P
E:\FR\FM\19OCR1.SGM
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Agencies
[Federal Register Volume 82, Number 201 (Thursday, October 19, 2017)]
[Rules and Regulations]
[Pages 48637-48655]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-22239]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 9 and 721
[EPA-HQ-OPPT-2017-0166; FRL-9964-42]
RIN 2070-AB27
Significant New Use Rules on Certain Chemical Substances
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is promulgating significant new use rules (SNURs) under
the Toxic Substances Control Act (TSCA) for 29 chemical substances
which were the subject of premanufacture notices (PMNs). The chemical
substances are subject to consent orders issued by EPA pursuant to
section 5(e) of TSCA. This action requires persons who intend to
manufacture (defined by statute to include import) or process any of
these 29 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 initiates EPA's
evaluation of the intended use within the applicable review period.
Persons may not commence manufacture or processing for the significant
new use until EPA has conducted a review of the notice, made an
appropriate determination on the notice, and has taken such actions as
are required with that determination.
DATES: This rule is effective on December 18, 2017. For purposes of
judicial review, this rule shall be promulgated at 1 p.m. (e.s.t.) on
November 2, 2017.
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 November 20, 2017 (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 November 20, 2017, 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-2017-0166, 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:
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
[[Page 48638]]
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, pursuant to 40 CFR 721.20,
any persons who export or intend to export a chemical substance that is
the subject of this rule on or after November 20, 2017 are subject to
the export notification provisions of TSCA section 12(b) (15 U.S.C.
2611(b)) 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). 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)(i)
(15 U.S.C. 2604(a)(1)(B)(i)) 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. TSCA prohibits such
manufacturing or processing from commencing until EPA has conducted a
review of the notice, made an appropriate determination on the notice,
and taken such actions as are required in association with that
determination (15 U.S.C. 2604(a)(1)(B)(ii)). As described in Unit V.,
the general SNUR provisions are found at 40 CFR part 721, subpart A.
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. Pursuant 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) (15 U.S.C. 2604(a)(1)(A)). In
particular, these requirements include the information submission
requirements of TSCA sections 5(b) and 5(d)(1) (15 U.S.C. 2604(b) and
2604(d)(1)), the exemptions authorized by TSCA sections 5(h)(1),
5(h)(2), 5(h)(3), and 5(h)(5) (15 U.S.C. 2604(h)(1), 2604(h)(2),
2604(h)(3), and 2604(h)(5)), and the regulations at 40 CFR part 720.
Once EPA receives a SNUN, EPA must either determine that the
significant new use is not likely to present an unreasonable risk of
injury or take such regulatory action as is associated with an
alternative determination before the manufacture or processing for the
significant new use can commence. If EPA determines that the
significant new use is not likely to present an unreasonable risk, EPA
is required under TSCA section 5(g) (15 U.S.C. 2604(g)) to make public,
and submit for publication in the Federal Register, a statement of
EPA's findings.
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 37
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 29 chemical substances in 40 CFR part 721, subpart E.
In this unit, EPA provides the following information for each chemical
substance:
PMN number.
Chemical name (generic name, if the specific name is
claimed as CBI).
Chemical Abstracts Service (CAS) Registry number (if
assigned for non-confidential chemical identities).
Basis for the consent order under TSCA section 5(e) (15
U.S.C. 2604(e)).
Tests recommended by EPA to provide sufficient information
to evaluate the chemical substance (see Unit VIII. for more
information).
CFR citation assigned in the regulatory text section of
this rule.
The regulatory text section of this rule specifies the activities
designated as
[[Page 48639]]
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 29 PMN substances that are subject to ``risk-
based'' consent orders under TSCA section 5(e)(1)(A)(ii)(I) (15 U.S.C.
2604(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 SNURs are promulgated pursuant to Sec. 721.160, and are based on
and consistent with the provisions in the underlying consent orders.
The SNURs designate as a ``significant new use'' the absence of the
protective measures required in the corresponding consent orders.
Where EPA determined that the PMN substance may present an
unreasonable risk of injury to human health via inhalation exposure,
the underlying TSCA section 5(e) consent order usually requires, among
other things, that potentially exposed employees wear specified
respirators unless actual measurements of the workplace air show that
air-borne concentrations of the PMN substance are below a New Chemical
Exposure Limit (NCEL) that is established by EPA to provide adequate
protection to human health. In addition to the actual NCEL
concentration, the comprehensive NCELs provisions in TSCA section 5(e)
consent orders, which are modeled after Occupational Safety and Health
Administration (OSHA) Permissible Exposure Limits (PELs) provisions,
include requirements addressing performance criteria for sampling and
analytical methods, periodic monitoring, respiratory protection, and
recordkeeping. However, no comparable NCEL provisions currently exist
in 40 CFR part 721, subpart B, for SNURs. Therefore, for these cases,
the individual SNURs in 40 CFR part 721, subpart E, will state that
persons subject to the SNUR who wish to pursue NCELs as an alternative
to the Sec. 721.63 respirator requirements may request to do so under
Sec. 721.30. EPA expects that persons whose requests under Sec.
721.30 to use the NCELs approach for SNURs are approved by EPA will be
required to comply with NCELs provisions that are comparable to those
contained in the corresponding TSCA section 5(e) consent order for the
same chemical substance.
PMN Number: P-15-310
Chemical name: 1,2,4-Benzenetricarboxylic acid, mixed decyl and
octyl triesters.
CAS number: Not available.
Effective date of TSCA section 5(e) consent order: January 31,
2017.
Basis for TSCA section 5(e) consent order: The PMN states that the
PMN substance will be used as a lubricant in special chain oils for
conveyor belts. Based on submitted test data, EPA predicts blood and
adrenal gland effects to unprotected workers from repeated dermal
exposures. EPA also predicts endocrine disruption based on Structure
Activity Relationship (SAR) analysis on analogous phthalates. The Order
was issued under TSCA sections 5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I),
based on a finding that the substance may present an unreasonable risk
of injury to human health. To protect against these risks, the consent
order requires:
1. Use of personal protective equipment to prevent dermal exposure.
2. Not use, formulate, or distribute for use other than as stated
in the PMN.
3. No manufacture beyond an annual production volume of 150,000 kg.
Recommended testing: EPA has determined that the results of certain
human health toxicity testing would help characterize the PMN
substance. The submitter has agreed not to exceed the confidential
production limit without performing an Extended One-Generation
Reproductive Toxicity Study (OECD Test Guideline 443).
CFR citation: 40 CFR 721.10996.
PMN Numbers: P-15-487, P-15-488, P-15-489, P-15-490, and P-15-491
Chemical names: Multi-walled carbon nanotubes (generic).
CAS numbers: Not available.
Effective date of TSCA section 5(e) consent order: February 17,
2017.
Basis for TSCA section 5(e) consent order: The PMN states that the
PMN substances will be used as additives for electro-static discharge
(ESD) in electronic devices, electronics, and materials; additives for
weight reduction in materials; additives to improve mechanical
properties or electrical conductivities; heat-generating elements in
heating devices and materials; additives for heat transfer and thermal
emissions in electronic devices and materials; semi-conductor,
conductive, or resistive elements in electronic circuitry and devices;
additives to improve conductivity in electronic circuitry, energy
storage systems, and devices; electron emitters for lighting and x-ray
sources; additive for electromagnetic interface shielding in electronic
devices; additives for electrodes in electronic materials and
electronic devices; catalyst support in chemical manufacturing; coating
additives to improve corrosion resistance or conductive properties;
additives for fibers in structural and electrical applications;
additives for fibers in fabrics and textiles; filter additives to
remove nanoscale materials; semi-conducting compounding additives far
high-voltage cable; and additives for super-hydrophobicity. A submitted
90-day inhalation toxicity study for P-15-487 demonstrated no effects
at 1 mg/m\3\, which was the highest dose tested. Based on SAR analysis
on analogous carbon nanotubes (CNT), EPA predicts pulmonary toxicity
and oncogenicity to unprotected workers from repeated inhalation
exposures. No ecotoxicity studies on CNT are available in which a broad
range of production methods, sources, purification, functionalization,
etc. were investigated. EPA expects that some fraction of the PMN
substances, if released into the environment, will eventually become
suspended in water. The Order was issued under TSCA sections
5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I), based on a finding that the
substances may present an unreasonable risk of injury to human health
and the environment. To protect against these risks, the consent order
requires:
1. Use of personal protective equipment to prevent dermal exposure
and a NIOSH-certified respirator with N-100, P-100, or R-100 cartridges
with an assigned protection factor (APF) of at least 50 (where there is
a potential for inhalation exposure).
2. Use of the PMN substances only for the uses specified in the
consent order.
3. No use in application methods that generate a dust, mist, or
aerosol unless such application method occurs in an enclosed process.
4. No use of the PMN substances resulting in releases to surface
waters and disposal of the PMN substances only by landfill or
incineration.
Recommended testing: EPA has determined that a subchronic 90-day
inhalation toxicity study (OPPTS 870.3465 or OECD 413), a two-year
inhalation bioassay (OPPTS 870.4200), a fish early-life stage toxicity
test (OCSPP Test Guideline 850.1400), a daphnid chronic toxicity test
(OCSPP Test Guideline 850.1300), and an algal toxicity test (OCSPP Test
Guideline 850.4500) would help characterize possible health and
environmental
[[Page 48640]]
effects of the substances. Although the Order does not require these
tests, the Order's restrictions on manufacture, processing,
distribution in commerce, and disposal will remain in effect until the
Order is modified or revoked by EPA based on submission of this or
other relevant information.
CFR citation: 40 CFR 721.10997.
PMN Number: P-16-165
Chemical name: Propanoic acid, iron (2+) salt (2:1).
CAS number: 1952336-63-8.
Effective date of TSCA section 5(e) consent order: February 15,
2017.
Basis for TSCA section 5(e) consent order: The PMN states that the
PMN substance will be used as a component in a metal organic product
that will be used in paint and ink driers, unsaturated polyester resins
promoters, lube/grease additives, fuel additives, polymerization
catalysts, and specialty petrochemical catalysts at less than 1
percent. Based on submitted test data, EPA predicts liver and
developmental toxicity to unprotected workers from repeated inhalation
exposures. The Order was issued under TSCA sections 5(a)(3)(B)(ii)(I)
and 5(e)(1)(A)(ii)(I), based on a finding that the substance may
present an unreasonable risk of injury to human health. To protect
against these risks, the consent order requires:
1. Use of a NIOSH-certified respirator with an APF of at least 10
(where there is a potential for inhalation exposures).
2. Establishment and use of a hazard communication program,
including human health precautionary statements on each label and in
the Safety Data Sheet (SDS).
3. No manufacture beyond an annual production volume of 150,000 kg.
4. Not process or use the PMN substance for non-industrial
applications.
5. Not process or use the PMN substance in formulations where the
concentration is greater than 1%.
Recommended testing: EPA has determined that the results of certain
human health toxicity testing would help characterize the PMN
substance. The submitter has agreed not to exceed the confidential
production limit without performing the prenatal development toxicity
study (OECD 414). In addition, EPA has determined that the results of a
combined chronic toxicity and carcinogenicity toxicity test (OPPTS
870.4300) would help characterize the health effects of the PMN
substance. The Order's restrictions on manufacture, processing,
distribution in commerce, and disposal will remain in effect until the
Order is modified or revoked by EPA based on submission of this or
other relevant information.
CFR citation: 40 CFR 721.10998.
PMN Numbers: P-16-255, P-16-256, P-16-257, P-16-258, and P-16-259
Chemical names: 1-Butanaminium, N,N,N-tributyl-, carbonic acid
(1:1) (P-16-255), 1-Butanaminium, N,N,N-tributyl-, methyl carbonate
(1:1) (P-16-256), 1-Butanaminium, N,N,N-tributyl-, ethyl carbonate
(1:1) (P-16-257), 1-Butanaminium, N,N,N-tributyl-, propyl carbonate
(1:1) (P-16-258), 1-Butanaminium, N,N,N-tributyl-, and 1-methylethyl
carbonate (1:1) (P-16-259)
CAS numbers: 17351-62-1(P-16-255), 56294-05-2(P-16-256), 478796-04-
2(P-16-257), 1338579-13-7(P-16-258), and 1803407-49-9(P-16-259)
Effective date of TSCA section 5(e) consent order: March 7, 2017.
Basis for TSCA section 5(e) consent order: The PMN states that the
PMN substances will be used as blocked catalysts for paints and
coatings. Based on submitted test data, EPA predicts strong irritation
to the skin, eyes, and mucous membranes as well as acute toxicity and
corrosivity-related neurotoxicity from repeated dermal and inhalation
exposures. Further, based on test data on the PMN substances, EPA
predicts toxicity to aquatic organisms may occur at concentrations that
exceed 34 parts per billion (ppb) of the PMN substances in surface
waters. The Order was issued under TSCA sections 5(a)(3)(B)(ii)(I) and
5(e)(1)(A)(ii)(I), based on a finding that the substances may present
an unreasonable risk of injury to human health and the environment. To
protect against these risks, the consent order requires:
1. Use of personal protective equipment to prevent dermal
exposures.
2. Establishment and use of a hazard communication program,
including human health precautionary statements on each label and in a
safety data sheet (SDS).
3. Use of the PMN substances only for the use specified in the
consent order.
4. Use of the PMN substances at a concentration no greater than
1.5% by weight in the final product.
Recommended testing: EPA has determined that the results of certain
environmental toxicity testing would help characterize the PMN
substances. The submitter has agreed not to exceed the confidential
production limit without performing a daphnid chronic toxicity test
(OCSPP 850.1300).
CFR citations: 40 CFR 721.10999 (P-16-255), 40 CFR 721.11000 (P-16-
256), 40 CFR 721.11001 (P-16-257), 40 CFR 721.11002 (P-16-258), and 40
CFR 721.11003 (P-16-259).
PMN Number: P-16-284
Chemical name: Anilino substituted bis-triazinyl derivative of
4,4'-diaminostilbene-2,2'-disulfonic acid, mixed amine sodium salt
(generic).
CAS number: Not available.
Effective date of TSCA section 5(e) consent order: May 12, 2017.
Basis for TSCA section 5(e) consent order: The PMN states that the
PMN substance will be used as an optical brightener for textiles,
paper, and paperboard. Based on submitted test data, EPA predicts
adrenal gland effects to unprotected workers from repeated dermal and
inhalation exposures. The Order was issued under TSCA sections
5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I), based on a finding that the
substance may present an unreasonable risk of injury to human health.
To protect against these risks, the consent order requires:
(1) Import only of the PMN substance as a solution.
(2) Use only as an optical brightener for textiles, paper and
paperboard.
(3) No use of the PMN substance in application methods that
generate a dust, mist, or aerosol unless such application method occurs
in an enclosed process.
(4) Non industrial use only where the PMN substance is not sold for
``consumer use'' or for ``commercial uses'' (as the term is defined in
Sec. 721.3) when the ``saleable goods or service'' could introduce PMN
material into a ``consumer'' setting (as that term is defined in Sec.
721.3).
Recommended testing: EPA has determined that the results of
physical/chemistry testing would help characterize the PMN substance.
The submitter has agreed not to manufacture beyond a certain time
period without measuring the particle size distribution to characterize
the particle size distribution of fractions less than 10 microns of the
dry particle PMN substance. In addition, EPA has determined that the
results of a 90-day subchronic inhalation toxicity study (OPPTS
870.3465 or OECD 413) would help characterize the health effects of the
PMN substance. The Order's restrictions on manufacture, processing,
distribution in commerce, and disposal will remain in effect until the
Order is modified or revoked by EPA based on submission of this or
other relevant information.
CFR citation: 40 CFR 721.11004.
PMN Numbers: P-16-309 and P-16-310
Chemical names: 12-Hydroxystearic acid, reaction products with
alkylene diamine and alkanoic acid (generic).
[[Page 48641]]
CAS numbers: Not available.
Effective date of TSCA section 5(e) consent order: February 17,
2017.
Basis for TSCA section 5(e) consent order: The PMN states that the
PMN substances will be used as rheological or thixotropic agents used
in the production of solvent based industrial coatings, high solid
aromatic paints, adhesives, sealants, and other types of paints and
topcoats. Based on submitted test data, EPA predicts blood and
hematology effects. Further, based on SAR analysis of test data on
analogous amides, EPA predicts toxicity to aquatic organisms may occur
at concentrations that exceed 2 ppb of the PMN substances in surface
waters. The Order was issued under TSCA sections 5(a)(3)(B)(ii)(I) and
5(e)(1)(A)(ii)(I), based on a finding that the substances may present
an unreasonable risk of injury to human health and the environment. To
protect against these risks, the consent order requires:
(1) No domestic manufacture of the PMN substances.
(2) No manufacture beyond the annual production volume specified in
the consent order.
(3) Use of the PMN substances only for the use specified in the
consent order.
(4) Compliance with the release to water provisions.
Recommended testing: EPA has determined that the results of certain
human health and environmental toxicity testing would help characterize
the PMN substances. The submitter has agreed not to exceed the
confidential production limit without performing a fish early-life
stage toxicity test (OCSPP Test Guideline 850.1400), a daphnid chronic
toxicity test (OCSPP Test Guideline 850.1300), and an algal toxicity
test (OCSPP Test Guideline 850.1300). In addition, EPA has determined
that the results of a repeated dose dermal toxicity test (OPPTS Test
Guideline 870.3200) would help characterize the human health effects of
the PMN substances. The Order's restrictions on manufacture,
processing, distribution in commerce, and disposal will remain in
effect until the Order is modified or revoked by EPA based on
submission of this or other relevant information.
CFR citation: 40 CFR 721.11005.
PMN Number: P-16-315
Chemical name: Alkyldiene, polymer, hydroxy terminated
alkoxysilylalkylcarbamate (generic).
CAS number: Not available.
Effective date of TSCA section 5(e) consent order: January 17,
2017.
Basis for TSCA section 5(e) consent order: The PMN states that the
PMN substance will be used as an additive to improve the compatibility
of the dispersibility of inorganic fillers in industrial rubber
formulation. Based on physical/chemical properties, EPA predicts
irritation and lung effects to unprotected workers from repeated
inhalation and dermal exposures. The Order was issued under TSCA
sections 5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I), based on a finding
that the substance may present an unreasonable risk of injury to human
health. To protect against these risks, the consent order requires:
(1) No domestic manufacture of the PMN substance.
(2) Use of the PMN substance only for the use specified in the
consent order.
Recommended testing: EPA has determined that a 90-day subchronic
inhalation test in rodents (OCSPP Harmonized Test Guideline 870.3465);
would help characterize possible health effects of the substance.
Although the Order does not require this test, the Order's restrictions
on manufacture, processing, distribution in commerce, and disposal will
remain in effect until the Order is modified or revoked by EPA based on
submission of this or other relevant information.
CFR citation: 40 CFR 721.11006.
PMN Number: P-16-323
Chemical name: Alkylaldehyde, reaction products with substituted
carbomonocycle-substituted heteromonocycle-alkylene glycol
bis[[[[substituted(oxoneoalkyl)oxy]alkyl] amino]alkyl] ether polymer
and alkyl substituted alkanediamine, acetate salts (generic).
CAS number: Not available.
Effective date of TSCA section 5(e) consent order: November 22,
2016.
Basis for TSCA section 5(e) consent order: The PMN states that the
PMN substance will be used as a coating resin. Based on test data on
formaldehyde and analogous cationic polymers, EPA predicts
sensitization, carcinogenicity, and lung effects to unprotected workers
from repeated dermal exposures. Further, based on SAR analysis of test
data on analogous cationic polymers, EPA predicts toxicity to aquatic
organisms may occur at concentrations that exceed 32 ppb of the PMN
substance in surface waters. The Order was issued under TSCA sections
5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I), based on a finding that the
substance may present an unreasonable risk of injury to human health
and the environment. To protect against these risks, the consent order
requires:
(1) No manufacture of the PMN such that residual formaldehyde is
more than 0.1 weight percent of the PMN substance.
(2) Establishment and use of a hazard communication program,
including human health precautionary statements on each label and in
the SDS.
(3) Use of the PMN substance only for the use specified in the
consent order.
(4) No application method that generates a dust, mist, or aerosol.
Recommended testing: EPA has determined that a 28-day subacute
inhalation toxicity study (OECD 412), a fish acute toxicity test
mitigated by humic acid (OCSPP Test Guideline 850.1085), an aquatic
invertebrate, acute toxicity test, freshwater daphnids (OCSPP Test
Guideline 850.1075), and an algal toxicity test (OCSPP Test Guideline
850.4500) would help characterize possible health and environmental
effects of the substance. Although the Order does not require these
tests, the Order's restrictions on manufacture, processing,
distribution in commerce, and disposal will remain in effect until the
Order is modified or revoked by EPA based on submission of this or
other relevant information.
CFR citation: 40 CFR 721.11007.
PMN Numbers: P-16-330 and P-16-331
Chemical names: Hydroxy functional triglyceride polymer with
glycerol mono-ester and 1,1'-methylenebis[4-isocyanatobenzene] (P-16-
330) and Hydroxy functional triglyceride polymer with glycerol mono-
ester and 1,1'-methylenebis[isocyanatobenzene] (P-16-331) (generic)
CAS numbers: Not available
Effective date of TSCA section 5(e) consent order: February 14,
2017.
Basis for TSCA section 5(e) consent order: The PMN states that the
PMN substances will be used as industrial adhesives. Based on submitted
test data, EPA predicts dermal sensitization, respiratory
sensitization, and lung effects to unprotected workers from repeated
inhalation and dermal exposures. The Order was issued under TSCA
sections 5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I), based on a finding
that the substances may present an unreasonable risk of injury to human
health. To protect against these risks, the consent order requires:
(1) Manufacture of the PMN substances to contain no more than 0.1%
residual isocyanate by weight.
(2) No sale of the PMN substances for ``consumer use'' or for
``commercial uses'' (as the term is defined in Sec. 721.3) when the
``saleable goods or service'' could introduce PMNs material into a
[[Page 48642]]
``consumer'' setting (as that term is defined in Sec. 721.3).
(3) Establishment and use of a hazard communication program,
including human health precautionary statements on each label and in
the SDS.
Recommended testing: EPA has determined that a skin sensitization
study (OPPTS 870.2600) and a 90-day inhalation study (OPPTS 870.3465)
would help characterize possible health effects of the substances.
Although the Order does not require these tests, the Order's
restrictions on manufacture, processing, distribution in commerce, and
disposal will remain in effect until the Order is modified or revoked
by EPA based on submission of this or other relevant information.
CFR citations: 40 CFR 721.11008 (P-16-330) and 40 CFR 721.11009 (P-
16-331).
PMN Number: P-16-360
Chemical name: Poly(oxy-1,2-ethanediyl),.alpha.-(1-
oxodocosyl)-.omega.-[(1-oxodocosyl)oxy]-.
CAS number: 36493-27-3.
Effective date of TSCA section 5(e) consent order: December 12,
2016.
Basis for TSCA section 5(e) consent order: The PMN states that the
PMN substance will be used as a fuel additive. Based on physical/
chemical properties, EPA estimates the PMN substance would have low
environmental hazard due to its poor water solubility. However, if the
number of repeating ethylene oxide units in the polymer is large (i.e.,
greater than 10), the polymer would become a dispersible surfactant.
Based on SAR analysis of test data on an analogous nonionic polymer,
EPA predicts toxicity to aquatic organisms may occur at concentrations
that exceed 350 ppb of the PMN substance in surface waters. The Order
was issued under TSCA sections 5(a)(3)(B)(ii)(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. To protect against these risks, the
consent order requires manufacture such that no more than 33% of the
PMN substance contains 10 or more repeating ethylene oxide units.
Recommended testing: EPA has determined that an acute invertebrate
toxicity test, freshwater daphnids (OCSPP Test Guideline 850.1010), a
fish acute toxicity test, freshwater and marine (OCSPP Test Guideline
850.1075), a fish early-life stage toxicity test (OCSPP Test Guideline
850.1400), a daphnid chronic toxicity test (OCSPP Test Guideline
850.1300), and an algal toxicity test (OCSPP Test Guideline 850.4500)
would help characterize possible environmental effects of the
substance. Although the Order does not require these tests, the Order's
restrictions on manufacture, processing, distribution in commerce, and
disposal will remain in effect until the Order is modified or revoked
by EPA based on submission of this or other relevant information.
CFR citation: 40 CFR 721.11010.
PMN Number: P-16-361
Chemical name: Pulp, cellulose, reaction products with lignin.
CAS number: 1671062-70-6.
Effective date of TSCA section 5(e) consent order: December 12,
2016.
Basis for TSCA section 5(e) consent order: The PMN states that the
PMN substance will be used as plastic reinforcement. Based on SAR
analysis on structurally similar respirable poorly soluble
particulates, EPA predicts pulmonary toxicity to unprotected workers
from repeated inhalational exposures. The Order was issued under TSCA
sections 5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I), based on a finding
that the substance may present an unreasonable risk of injury to human
health. To protect against these risks, the consent order requires:
(1) Distribution of the PMN substance only in a liquid or gel
formulation, unless the solid particle form has a particle size
distribution where less than 0.5% of the particles are less than 10
microns.
(2) No use in application methods that generate a dust, mist, or
aerosol unless such application method occurs in an enclosed process.
Recommended testing: EPA has determined that the results of
physical/chemical characteristics would help characterize the PMN
substance. The submitter has agreed not to manufacture beyond a certain
time period without measuring the particle size distribution to
characterize the particle size distribution of fractions less than 10
microns of the dry particle PMN substance.
CFR citation: 40 CFR 721.11011.
PMN Numbers: P-16-365 and P-16-367
Chemical names: Alkyl carbonate, polymer with, substituted alkanes
and substituted heteromonocycle, substituted alkyl acrylate-blocked
(generic) (P-16-365) and substituted heteromonocycle, polymer with
substituted alkane and ethoxylated alkane, substituted heteromonocycle
substituted alkyl ester-blocked (generic) (P-16-367).
CAS numbers: Not available.
Effective date of TSCA section 5(e) consent order: January 3, 2017.
Basis for TSCA section 5(e) consent order: The PMN states that the
PMN substances will be used as a UV curable coating resin for
industrial use. Based on SAR analysis on structurally similar
diisocyanates and acrylates, EPA predicts eye and skin irritation,
dermal sensitization, respiratory sensitization, lung effects,
mutagenicity, cancer, developmental, liver, and kidney toxicity to
unprotected workers from repeated inhalation and dermal exposures. The
Order was issued under TSCA sections 5(a)(3)(B)(ii)(I) and
5(e)(1)(A)(ii)(I), based on a finding that the substances may present
an unreasonable risk of injury to human health. To protect against
these risks, the consent order requires:
(1) Use of personal protective equipment involving impervious
gloves (where there is a potential for dermal exposure).
(2) Establishment and use of a hazard communication program,
including human health precautionary statements on each label and in
the SDS.
(3) No manufacture, process, or use of the substances as consumer
products.
(4) Manufacture of the PMN substances to contain no more than 0.1
residual isocyanate by weight.
Recommended testing: EPA has determined that the results of a local
lymph node assay (OPPTS 870.2600), a 90-day inhalation toxicity test
with 60-day holding period (OPPTS 870.3465), and a two-year oral
bioassay (OPPTS 870.4200) would help characterize possible health
effects of the substances. Although the Order does not require these
tests, the Order's restrictions on manufacture, processing,
distribution in commerce, and disposal will remain in effect until the
Order is modified or revoked by EPA based on submission of this or
other relevant information.
CFR citations: 40 CFR 721.11012 (P-16-365) and 40 CFR 721.11013 (P-
16-367).
PMN Number: P-16-369
Chemical name: Substituted heteromonocycle, telomer with
substituted carbomonocycles, substituted alkyl ester (generic).
CAS number: Not available.
Effective date of TSCA section 5(e) consent order: January 23,
2017.
Basis for TSCA section 5(e) consent order: The PMN states that the
PMN substance will be used as a UV curable coating resin for industrial
use. Based on SAR analysis on structurally similar acrylates and other
chemicals, EPA predicts eye and skin irritation, dermal sensitization,
respiratory sensitization, lung effects, mutagenicity, cancer,
developmental toxicity, liver, and
[[Page 48643]]
kidney toxicity to unprotected workers from repeated inhalation and
dermal exposures. The Order was issued under TSCA sections
5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I), based on a finding that the
substance may present an unreasonable risk of injury to human health.
To protect against these 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) No manufacture, process, or use of the substance for use in a
consumer product.
(3) Establishment and use of a hazard communication program,
including human health precautionary statements on each label and in
the SDS.
(4) Manufacture of the PMN substance to contain no more than 0.1
residual by weight of chemicals described in the 5(e) consent order.
Recommended testing: EPA has determined that the results of certain
human health toxicity testing would help characterize the PMN
substance. The submitter has agreed not to exceed the confidential
production limit without performing a 90-day inhalation toxicity test
(OPPTS Test Guideline 870.3465 or OECD Test Guideline 413). In
addition, EPA has determined that the results of a skin sensitization
(OPPTS 870.2600), a local lymph node assay (OECD 429), and two-year
bioassay (oral) (OPPTS 870.4200) would help characterize possible
health effects of the substance. Although the Order does not require
these tests, the Order's restrictions on manufacture, processing,
distribution in commerce, and disposal will remain in effect until the
Order is modified or revoked by EPA based on submission of this or
other relevant information.
CFR citation: 40 CFR 721.11014.
PMN Number: P-16-387
Chemical name: Aliphatic polycarboxylic acid, polymer with
alicyclic polyhydric alcohol and polyoxyalkylene (generic).
CAS number: Not available.
Effective date of TSCA section 5(e) consent order: February 7,
2017.
Basis for TSCA section 5(e) consent order: The PMN states that the
PMN substance will be used as an additive for a polymer. Based on
physical/chemical properties of the PMN substance, EPA predicts lung
effects to unprotected workers from repeated exposures. The Order was
issued under TSCA sections 5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I),
based on a finding that the substance may present an unreasonable risk
of injury to human health. To protect against these risks, the consent
order requires:
(1) Manufacture of the PMN substance such that the minimum average
molecular weight is 18,000 daltons.
(2) No processing or use in any manner or method that generates a
dust, mist, or aerosol.
(3) Establishment and use of a hazard communication program,
including human health precautionary statements on each label and in
the SDS.
Recommended testing: EPA has determined that the results of a 90-
day inhalation toxicity test with 30-day holding period (OPPTS
870.3465), a combined repeated dose toxicity study with the
reproduction/developmental toxicity screening test (OECD 422) an acute
fish toxicity test (OCSPP 850.1075), an acute daphnia toxicity test
(OCSPP 850.1300), and an algal toxicity test (OCSPP 850.4500) would
help characterize possible health and environmental effects of the
substance. Although the Order does not require these tests, the Order's
restrictions on manufacture, processing, distribution in commerce, and
disposal will remain in effect until the Order is modified or revoked
by EPA based on submission of this or other relevant information.
CFR citation: 40 CFR 721.11015.
PMN Number: P-16-398
Chemical name: Di-ammonium di-carboxylate (generic).
CAS number: Not available.
Effective date of TSCA section 5(e) consent order: November 14,
2016.
Basis for TSCA section 5(e) consent order: The PMN states that the
PMN substance will be used as a corrosion inhibitor. Based on test data
on analogous anionic surfactants, EPA predicts eye and mucous membrane
irritation and skin sensitization to unprotected workers from repeated
dermal exposures. The Order was issued under TSCA sections
5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I), based on a finding that the
substance may present an unreasonable risk of injury to human health.
To protect against these risks, the consent order requires:
1. Use of personal protective equipment including impervious gloves
and protective clothing to prevent dermal exposure.
2. Use of the PMN substance only for the use specified in the
consent order.
3. Establishment and use of a hazard communication program,
including human health precautionary statements on each label and in
the SDS.
Recommended testing: EPA has determined that the results of certain
human health toxicity testing would help characterize the effects of
the PMN substance. The submitter has agreed not to exceed the
confidential production limit without performing three skin
sensitization studies (OECD 442B), (OECD 442C), and (OECD 442D).
CFR citation: 40 CFR 721.11016.
PMN Number: P-16-455
Chemical name: Sodium tungsten oxide.
CAS number: Not available.
Effective date of TSCA section 5(e) consent order: November 2,
2016.
Basis for TSCA section 5(e) consent order: The PMN states that the
PMN substance will be used as a component of infrared absorption
material. Based on SAR analysis on structurally similar respirable
poorly soluble particulates, EPA predicts pulmonary toxicity and
carcinogenicity to unprotected workers from repeated inhalation
exposures. Further, based on test data on analogous tungsten oxide, EPA
predicts toxicity to aquatic organisms may occur at concentrations that
exceed 1 ppb of the PMN substance in surface waters. The Order was
issued under TSCA sections 5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I),
based on a finding that the substance may present an unreasonable risk
of injury to human health and the environment. To protect against these
risks, the consent order requires:
1. Use of personal protective equipment to prevent dermal exposure.
2. Use of a NIOSH-certified respirator with an APF of at least 1000
or compliance with a NCEL of 0.3 ppm as an 8-hour time-weighted average
to prevent inhalation exposure.
3. Establishment and use of a hazard communication program,
including human health precautionary statements on each label and in
the SDS.
4. Use of the PMN substance only for the use specified in the
consent order.
5. No use in application methods that generate a dust, mist, or
aerosol unless such application method occurs in an enclosed process.
6. No use of the PMN substance resulting in releases to surface
waters and disposal of the PMN substance only by landfill or
incineration.
Recommended testing: EPA has determined that the results of certain
human health toxicity testing would help characterize the PMN
substance. The submitter has agreed not to exceed the confidential
production limit without performing a 90-day inhalation toxicity test
(OPPTS Test Guideline 870.3465 or OECD Test Guideline 413)
[[Page 48644]]
and a two- year inhalation bioassay test (OPPTS 870.4200).
CFR citation: 40 CFR 721.11017.
PMN Number: P-16-503
Chemical name: Fatty acids, tall-oil, polymers with alkanoic acid,
substituted carbomonocycle, alkyl peroxide-initiated (generic).
CAS number: Not available.
Effective date of TSCA section 5(e) consent order: January 11,
2017.
Basis for TSCA section 5(e) consent order: The PMN states that the
PMN substance will be used as a site-limited polymer intermediate for
production of a deck stain coating resin additive. Based on physical/
chemical properties, EPA predicts low health hazard for the PMN
substance when it is manufactured as described in the PMN. However, if
the chemical substance is manufactured with a lower molecular weight
and a higher proportion of the acid component (i.e., greater than 20%),
the PMN substance could cause developmental effects in unprotected
workers from repeated dermal and inhalation exposures. Further, based
on physical/chemical properties, EPA predicts low hazard for the PMN
substance when it is manufactured as described in the PMN due to low
water solubility. However, if the chemical substance is manufactured
with a higher proportion of the acid component (i.e., greater than
20%), there is potential for aquatic toxicity. The Order was issued
under TSCA sections 5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I), based on a
finding that the substance may present an unreasonable risk of injury
to human health and the environment. To protect against these risks,
the consent order requires:
1. Manufacture of the PMN substance to have an average molecular
weight no less than 1500 daltons.
2. Manufacture of the PMN substance to have no more than 24% by
weight of the acid component.
3. Use of the PMN substance only as intermediate.
Recommended testing: EPA has determined that a combined repeated
dose toxicity study with the reproduction/developmental toxicity
screening test (OECD 422), water solubility test, log Kow tests, a
compositional/component analysis (certificate of analysis), a fish
early-life stage toxicity test (OCSPP Test Guideline 850.1400), a
daphnid chronic toxicity test (OCSPP Test Guideline 850.1300), fish
acute toxicity mitigated by humic acid (OCSPP Test Guideline 850.1085),
an aquatic invertebrate, acute toxicity test, freshwater daphnids
(OCSPP Test Guideline 850.1075), and an algal toxicity test (OCSPP Test
Guideline 850.4500) would help characterize the physical-chemical
properties and possible health and environmental effects of the
substance. Although the Order does not require these tests, the Order's
restrictions on manufacture, processing, distribution in commerce, and
disposal will remain in effect until the Order is modified or revoked
by EPA based on submission of this or other relevant information.
CFR citation: 40 CFR 721.11018.
PMN Number: P-16-591
Chemical name: Alkyl bisphenol (generic).
CAS number: Not available.
Effective date of TSCA section 5(e) consent order: January 9, 2017.
Basis for TSCA section 5(e) consent order: The PMN states that the
PMN substance will be used as a component of printing ink. Based on
test data on bisphenol analogs, EPA predicts irritation to eyes, skin,
lung, and mucous membranes; developmental, reproductive, liver and
kidney toxicities; dermal sensitization; photosensitization; effects to
the adrenals and other toxic effects associated with an endocrine
disruption mode of action to unprotected workers from repeated dermal
and inhalation exposures. Further, based on SAR analysis of test data
on analogous phenols, EPA predicts toxicity to aquatic organisms may
occur at concentrations that exceed 2 ppb of the PMN substance in
surface waters. The Order was issued under TSCA sections
5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I), based on a finding that the
substance may present an unreasonable risk of injury to human health
and the environment. To protect against these risks, the consent order
requires:
1. Use of personal protective equipment including impervious gloves
and protective clothing to prevent dermal exposure and a NIOSH-
certified respirator with an APF of at least 10 to prevent inhalation
exposure.
2. Use of the PMN substance only for the use specified in the
consent order.
3. Establishment and use of a hazard communication program,
including human health precautionary statements on each label and in
the SDS.
4. No use of the PMN substance resulting in releases to surface
waters.
Recommended testing: EPA has determined that the results of certain
human health and environmental toxicity testing would help characterize
the PMN substance. The submitter has agreed not to exceed the
confidential production limit without performing the reproduction/
developmental toxicity screening test (OECD 422). In addition, EPA has
determined that the results of a fish early-life stage toxicity test
(OCSPP Test Guideline 850.1400) and a daphnid chronic toxicity test
(OCSPP Test Guideline 850.1300) would help characterize the
environmental effects of the PMN substance. Although the Order does not
require these tests, the Order's restrictions on manufacture,
processing, distribution in commerce, and disposal will remain in
effect until the Order is modified or revoked by EPA based on
submission of this or other relevant information.
CFR citation: 40 CFR 721.11019.
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 all 29 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.).
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 TSCA Chemical Substance Inventory (TSCA
Inventory) 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 either determine that the prospective
manufacture or processing is not likely to present an unreasonable
risk, or to take necessary regulatory action associated with any other
determination, before the
[[Page 48645]]
described significant new use of the chemical substance occurs.
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 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). In accordance with Sec. 721.160(c)(3)(ii) the
effective date of this rule is December 18, 2017 without further
notice, unless EPA receives written adverse or critical comments, or
notice of intent to submit adverse or critical comments before November
20, 2017.
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 November 20, 2017, 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 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 these 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 19 of the 29 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 July 10, 2017 (the date of public
release/web posting of this rule) as the cutoff date for determining
whether the new use is ongoing. This designation varies slightly from
EPA's past practice of designating the date of Federal Register
publication as the date for making this determination. The objective of
EPA's approach has been to ensure that a person could not defeat a SNUR
by initiating a significant new use before the effective date of the
direct final rule. In developing this rule, EPA has recognized that,
given EPA's practice of now posting rules on its Web site a week or
more in advance of Federal Register publication, this objective could
be thwarted even before that publication. Thus, EPA has slightly
modified its approach in this rulemaking and plans to follow this
modified approach in future significant new use rulemakings.
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. Development and Submission of Information
EPA recognizes that TSCA section 5 does not require developing any
particular new information (e.g., generating test data) before
submission of a SNUN. There is an exception: TSCA section 5(b)(1)
requires development of test data where the chemical substance subject
to the SNUR is also subject to a rule, order or consent agreement under
TSCA section 4 (15 U.S.C. 2603).
In the absence of a rule order, or consent agreement under TSCA
section 4 covering the chemical substance, persons are required only to
submit information in their possession or control and to describe any
other information 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. Unit IV. lists required
or recommended testing for all of the listed 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 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 tests specified
in the order 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 at least 14 weeks (earlier TSCA section 5(e) consent orders
required submissions at least 12 weeks) 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
[[Page 48646]]
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 Sec.
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 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 Sec. 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 Sec. Sec. 720.40 and 721.25. E-PMN software is available
electronically at https://www.epa.gov/reviewing-new-chemicals-under-toxic-substances-control-act-tsca.
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-2017-0166.
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. 605(b)), that promulgation of a SNUR does not have a
significant economic impact on a substantial number of small entities
where the following are true:
[[Page 48647]]
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. 1502, 1503, 1504, or 1505 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 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: July 7, 2017.
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
* * * * *
721.10996............................................... 2070-0012
721.10997............................................... 2070-0012
721.10998............................................... 2070-0012
721.10999............................................... 2070-0012
721.11000............................................... 2070-0012
721.11001............................................... 2070-0012
721.11002............................................... 2070-0012
721.11003............................................... 2070-0012
721.11004............................................... 2070-0012
721.11005............................................... 2070-0012
721.11006............................................... 2070-0012
721.11007............................................... 2070-0012
721.11008............................................... 2070-0012
721.11009............................................... 2070-0012
721.11010............................................... 2070-0012
721.11011............................................... 2070-0012
721.11012............................................... 2070-0012
721.11013............................................... 2070-0012
721.11014............................................... 2070-0012
721.11015............................................... 2070-0012
721.11016............................................... 2070-0012
721.11017............................................... 2070-0012
721.11018............................................... 2070-0012
721.11019............................................... 2070-0012
* * * * *
------------------------------------------------------------------------
* * * * *
[[Page 48648]]
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. 721.10996 to subpart E to read as follows:
Sec. 721.10996 1,2,4-Benzenetricarboxylic acid, mixed decyl and octyl
triesters.
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified as 1,2,4-
benzenetricarboxylic acid, mixed decyl and octyl triesters (PMN P-15-
310) 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) and (3) and (b) (concentration set at 1.0 percent).
(ii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(p) (2,440,000 kilograms), (s) (150,000
kilograms). It is a significant new use to use the PMN substance other
than as a lubricant in chain oils for conveyor belts.
(iii) Hazard communication program. A significant new use of the
substance is any manner or method of manufacture or processing
associated with any use of the substance without providing risk
notification as follows:
(A) If as a result of the test data required under the TSCA section
5(e) consent order for the substance, the employer becomes aware that
the substance may present a risk of injury to human health or the
environment, the employer must incorporate this new information, and
any information on methods for protecting against such risk, into a
MSDS as described in Sec. 721.72(c) within 90 days from the time the
employer becomes aware of the new information. If the substance is not
being manufactured, processed, or used in the employer's workplace, the
employer must add the new information to a MSDS before the substance is
reintroduced into the workplace.
(B) The employer must ensure that persons who will receive the PMN
substance from the employer, or who have received the PMN substance
from the employer within 5 years from the date the employer becomes
aware of the new information described in paragraph (a)(2)(iii)(A) of
this section, are provided an MSDS containing the information required
under paragraph (a)(2)(iii)(A) of this section within 90 days from the
time the employer becomes aware of the new information.
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (f) 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. 721.10997 to subpart E to read as follows:
Sec. 721.10997 Multiwalled carbon nanotubes (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substances identified generically as
multiwalled carbon nanotubes (PMN P-15-487/488/489/490/491) are subject
to reporting under this section for the significant new uses described
in paragraph (a)(2) of this section. The requirements of this section
do not apply when the PMN substances have been incorporated into a
polymer matrix that has been reacted (cured) or embedded in a permanent
solid polymer form that is not intended to undergo further processing
except mechanical processing.
(2) The significant new uses are:
(i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1), (a)(2)(i) and (ii), (a)(3), (4), and (6) (particulate),
and (c). When determining which persons are reasonably likely to be
exposed as required for Sec. 721.63(a)(1) and (4), engineering control
measures (e.g., enclosure or confinement of the operation, general and
local ventilation) or administrative control measures (e.g., workplace
policies and procedures) shall be considered and implemented to prevent
exposure, where feasible. The following National Institute for
Occupational Safety and Health (NIOSH)-certified respirators with an
APF of at least 50 meet the requirements of Sec. 721.63(a)(4):
(A) A NIOSH-certified air-purifying, tight-fitting full-face
respirator equipped with N-100, P-100, or R-100 cartridges.
(B) Any NIOSH-certified powered air-purifying respirator equipped
with a tight-fitting full facepiece and equipped with HEPA filters.
(C) Any NIOSH-certified negative pressure (demand) supplied-air
respirator equipped with a full facepiece.
(ii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(k) (additives for electro-static discharge
in electronic devices, electronics, and materials; additives for weight
reduction in materials; additives to improve mechanical properties or
electrical conductivities; heat-generating elements in heating devices
and materials; additives for heat transfer and thermal emissions in
electronic devices and materials; semi-conductor, conductive, or
resistive elements in electronic circuity and devices; additives to
improve conductivity in electronic circuitry, energy storage systems,
and devices; electron emitters for lighting and x-ray sources; additive
for electromagnetic interface shielding in electronic devices;
additives for electrodes in electronic materials and electronic
devices; catalyst support in chemical manufacturing; coating additives
to improve corrosion resistance of conductive properties; additives for
fibers in structural and electrical applications; additives for fibers
in fabrics and textiles; filter additives to remove nanoscale
materials; semi-conducting compounding additives for high-voltage
cable; and additives for super-hydrophobicity). A significant new use
is any use involving an application method that generates a dust, mist
or aerosol.
(iii) Disposal. Requirements as specified in Sec. 721.85(a)(1) and
(2), (b)(1) and (2), and (c)(1) and (2).
(iv) 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 (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (e) and (i) through (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
6. Add Sec. 721.10998 to subpart E to read as follows:
Sec. 721.10998 Propanoic acid, iron (2+) salt (2:1).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified as propanoic acid,
iron (2+) salt (2:1) (CAS #1952336-63-8) (PMN P-16-165) 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) and (5) (particulate) and (b) (concentration set at 1.0
percent).
[[Page 48649]]
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
APF of at least 10 meet the requirements of Sec. 721.63(a)(4):
(A) NIOSH-certified respirator with an N-100, P-100, or R-100
cartridge.
(B) 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.
(C) NIOSH-certified continuous flow supplied-air respirator
equipped with a loose fitting facepiece, hood, or helmet.
(ii) Hazard communication. Requirements as specified in Sec.
721.72(a) through (e) (concentration set at 1.0 percent), (f),
(g)(1)(iv) and (ix), (g)(2)(ii), (iii), and (iv), and (g)(5).
Alternative hazard and warning statements that meet the criteria of the
Globally Harmonized System (GHS) and OSHA Hazard Communication Standard
may be used.
(iii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(l), (p) (270,000 kilograms), (s) (5,000
kilograms). It is a significant new use to use the substance in
formulations where the concentration is greater than 1 percent.
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (d) and (f) through (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
7. Add Sec. 721.10999 to subpart E to read as follows:
Sec. 721.10999 1-Butanaminium, N,N,N-tributyl-, carbonic acid (1:1).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified as 1-butanaminium,
N,N,N-tributyl-, carbonic acid (1:1) (PMN P-16-255; CAS No. 17351-62-1)
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) and (3) and (b) (concentration set at 1.0 percent).
(ii) Hazard communication. Requirements as specified in Sec.
721.72(a) through (e) (concentration set at 1.0 percent), (f),
(g)(1)(i) and (ii), (g)(2)(i), (ii), (iii), and (v), (g)(3)(i) and
(ii), and (g)(5) and Notice to users: Minimize release to water.
Alternative hazard and warning statements that meet the criteria of the
Globally Harmonized System (GHS) and OSHA Hazard Communication Standard
may be used.
(iii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(p) (64,000 kilograms aggregate of P-16-
255, P-16-256, P-16-257, P-16-258, and P-16-259). It is a significant
new use to manufacture, process, or use the substance other than as a
blocked catalyst for paints and coatings. It is a significant new use
to spray apply the PMN substance where the concentration of any
combination of P-16-255, P-16-256, P-16-257, P-16-258, and P-16-259 in
the final paint/coating formulation exceeds 1.5% by weight.
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (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
8. Add Sec. 721.11000 to subpart E to read as follows:
Sec. 721.11000 1-Butanaminium, N,N,N-tributyl-, methyl carbonate
(1:1).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified as 1-Butanaminium,
N,N,N-tributyl-, methyl carbonate (1:1) (PMN P-16-256; CAS No. 56294-
05-2) 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) and (3) and (b) (concentration set at 1.0 percent).
(ii) Hazard communication. Requirements as specified in Sec.
721.72(a) through (e) (concentration set at 1.0 percent), (f),
(g)(1)(i) and (ii), (g)(2)(i), (ii), (iii), and (v), (g)(3)(i) and
(ii), and (g)(5) and Notice to users: Minimize release to water.
Alternative hazard and warning statements that meet the criteria of the
Globally Harmonized System (GHS) and OSHA Hazard Communication Standard
may be used.
(iii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(p) (64,000 kilograms aggregate of P-16-
255, P-16-256, P-16-257, P-16-258, and P-16-259). It is a significant
new use to manufacture, process, or use the substance other than as a
blocked catalyst for paints and coatings. It is a significant new use
to spray apply the PMN substance where the concentration of any
combination of P-16-255, P-16-256, P-16-257, P-16-258, and P-16-259 in
the final paint/coating formulation exceeds 1.5% by weight.
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (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
9. Add Sec. 721.11001 to subpart E to read as follows:
Sec. 721.11001 1-Butanaminium, N,N,N-tributyl-, ethyl carbonate
(1:1).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified as 1-butanaminium,
N,N,N-tributyl-, ethyl carbonate (1:1) (PMN P-16-257; CAS No. 478796-
04-2) 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) and (3) and (b) (concentration set at 1.0 percent).
(ii) Hazard communication. Requirements as specified in Sec.
721.72(a) through (e) (concentration set at 1.0 percent), (f),
(g)(1)(i) and (ii), (g)(2)(i), (ii), (iii), and (v), (g)(3)(i) and
(ii), and (g)(5) and Notice to users: Minimize release to water.
Alternative hazard and warning statements that meet the criteria of the
Globally Harmonized System (GHS) and OSHA Hazard Communication Standard
may be used.
(iii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(p)(64,000 kilograms aggregate of P-16-255,
P-16-256, P-16-257, P-16-258, and P-16-259). It is a significant new
use to
[[Page 48650]]
manufacture, process, or use the substance other than as a blocked
catalyst for paints and coatings. It is a significant new use to spray
apply the PMN substance where the concentration of any combination of
P-16-255, P-16-256, P-16-257, P-16-258, and P-16-259 in the final
paint/coating formulation exceeds 1.5% by weight.
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (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
10. Add Sec. 721.11002 to subpart E to read as follows:
Sec. 721.11002 1-Butanaminium, N,N,N-tributyl-, propyl carbonate
(1:1).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified as 1-butanaminium,
N,N,N-tributyl-, propyl carbonate (1:1) (PMN P-16-258: CAS No. 1338579-
13-7) is subject to reporting under this section for the significant
new uses described in paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1) and (3) and (b) (concentration set at 1.0 percent).
(ii) Hazard communication. Requirements as specified in Sec.
721.72(a) through (e) (concentration set at 1.0 percent), (f),
(g)(1)(i) and (ii), (g)(2)(i), (ii), (iii), and (v), (g)(3)(i) and
(ii), and (g)(5) and Notice to users: Minimize release to water.
Alternative hazard and warning statements that meet the criteria of the
Globally Harmonized System (GHS) and OSHA Hazard Communication Standard
may be used.
(iii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(p) (64,000 kilograms aggregate of P-16-
255, P-16-256, P-16-257, P-16-258, and P-16-259). It is a significant
new use to manufacture, process, or use the substance other than as a
blocked catalyst for paints and coatings. It is a significant new use
to spray apply the PMN substance where the concentration of any
combination of P-16-255, P-16-256, P-16-257, P-16-258, and P-16-259 in
the final paint/coating formulation exceeds 1.5% by weight.
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (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
11. Add Sec. 721.11003 to subpart E to read as follows:
Sec. 721.11003 1-Butanaminium, N,N,N-tributyl-, and 1-methylethyl
carbonate.
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified as 1-butanaminium,
N,N,N-tributyl-, and 1-methylethyl carbonate (PMN P-16-259; CAS No.
1803407-49-9) 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) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1) and (3) and (b) (concentration set at 1.0 percent).
(ii) Hazard communication. Requirements as specified in Sec.
721.72(a) through (e) (concentration set at 1.0 percent), (f),
(g)(1)(i) and (ii), (g)(2)(i), (ii), (iii), and (v), (g)(3)(i) and
(ii), (g)(4) (Notice to users: Minimize release to water), and (g)(5).
Alternative hazard and warning statements that meet the criteria of the
Globally Harmonized System (GHS) and OSHA Hazard Communication Standard
may be used.
(iii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(p) (64,000 kilograms aggregate of P-16-
255, P-16-256, P-16-257, P-16-258, and P-16-259). It is a significant
new use to manufacture, process, or use the substance other than as a
blocked catalyst for paints and coatings. It is a significant new use
to spray apply the PMN substance where the concentration of any
combination of P-16-255, P-16-256, P-16-257, P-16-258, and P-16-259 in
the final paint/coating formulation exceeds 1.5% by weight.
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (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
12. Add Sec. 721.11004 to subpart E to read as follows:
Sec. 721.11004 Anilino substituted bis-triazinyl derivative of 4,4'-
diaminostilbene-2,2'-disulfonic acid, mixed amine sodium salt
(generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as anilino
substituted bis-triazinyl derivative of 4,4'-diaminostilbene-2,2'-
disulfonic acid, mixed amine sodium salt (PMN P-16-284) 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). It is a significant new use to import
or use the substance other than in a solution. It is a significant new
use to use the substance other than as an optical brightener for
textiles, paper, and paperboard. It is a significant new use to use the
substance for non-industrial use or sell the substance for ``consumer
use'' or for ``commercial uses'' (as the term is defined at Sec.
721.3) when the ``saleable goods or service'' could introduce the
substance into a ``consumer'' setting (as that term is defined in Sec.
721.3). It is a significant new use to use the substance for an
application method that generates a dust, mist, or aerosol unless the
application method occurs in an enclosed process.
(ii) [Reserved].
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(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
13. Add Sec. 721.11005 to subpart E to read as follows:
Sec. 721.11005 12-Hydroxystearic acid, reaction products with
alkylene diamine and alkanoic acid (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substances identified generically as 12-
Hydroxystearic acid, reaction products with alkylene diamine and
alkanoic acid (PMNs P-16-309 and P-16-310) are subject to reporting
under this section for the significant new uses described in paragraph
(a)(2) of this section.
[[Page 48651]]
(2) The significant new uses are:
(i) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(f), (q), and (t). It is a significant new
use to use the PMN substance other than as a rheological or thixotropic
agent used in the production of solvent based industrial coatings, high
solid aromatic paints, adhesives, sealants, and other types of paints
and topcoats.
(ii) Releases to water. Requirements as specified in Sec.
721.90(a)(4), (b)(4), and (c)(4) (N=2).
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(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.
(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
14. Add Sec. 721.11006 to subpart E to read as follows:
Sec. 721.11006 Alkyldiene, polymer, hydroxy terminated
alkoxysilylalkylcarbamate.
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
alkyldiene, polymer, hydroxy terminated alkoxysilylalkylcarbamate (PMN
P-16-315) 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). It is a significant new use to process
the substance in a manner that results in inhalation exposure. It is a
significant new use to use the PMN substance other than as an additive
to improve the compatibility and dispersibility of inorganic filler in
industrial rubber formulations.
(ii) [Reserved].
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(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
15. Add Sec. 721.11007 to subpart E to read as follows:
Sec. 721.11007 Alkylaldehyde, reaction products with substituted
carbomonocycle-substituted heteromonocycle-alkylene glycol
bis[[[[substituted(oxoneoalkyl)oxy]alkyl] amino]alkyl] ether polymer
and alkyl substituted alkanediamine, acetate salts (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
alkylaldehyde, reaction products with substituted carbomonocycle-
substituted heteromonocycle-alkylene glycol
bis[[[[substituted(oxoneoalkyl)oxy]alkyl] amino]alkyl] ether polymer
and alkyl substituted alkanediamine, acetate salts (generic) (PMN P-16-
323) is subject to reporting under this section for the significant new
uses described in paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Hazard communication. Requirements as specified in Sec.
721.72(a) through (e) (concentration set at 0.1 percent), (f), (g)(1)
(respiratory tract irritation), (g)(1)(i) and (vii), (g)(2)(i), (ii),
and (iii), (g)(3)(i) and (ii), and (g)(5). Alternative hazard and
warning statements that meet the criteria of the Globally Harmonized
System (GHS) and OSHA Hazard Communication Standard may be used.
(ii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(j). It is a significant new use to
manufacture the PMN substance to contain a residual of formaldehyde
greater than 0.1 weight percent. It is a significant new use to
manufacture the substance in a manner that results in inhalation
exposure.
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (c), (f), (g), and (h) 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
16. Add Sec. 721.11008 to subpart E to read as follows:
Sec. 721.11008 Hydroxy functional triglyceride polymer with glycerol
mono-ester and 1,1'-methylenebis[4-isocyanatobenzene] (generic).
(a) Chemical substances and significant new uses subject to
reporting. (1) The chemical substance identified generically as hydroxy
functional triglyceride polymer with glycerol mono-ester and 1,1'-
methylenebis[4-isocyanatobenzene] (PMN P-16-330) 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), (iii), and (iv), (a)(3), and (b)
(concentration set at 0.1 percent)
(ii) Hazard communication. Requirements as specified in Sec.
721.72(a) through (e) (concentration set at 1.0 percent), (f),
(g)(1)(i) and (ii), (g)(2)(i), (ii), (iii), and (v), and (g)(5).
Alternative hazard and warning statements that meet the criteria of the
Globally Harmonized System (GHS) and OSHA Hazard Communication Standard
may be used.
(iii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80. It is a significant new use to
manufacture the PMN substance to contain a residual of isocyanate
greater than 0.1 weight percent. It is a significant new use to sell
the substance for ``consumer use'' or for ``commercial uses'' (as the
term is defined at Sec. 721.3) when the ``saleable goods or service''
could introduce the substance into a ``consumer'' setting (as that term
is defined in Sec. 721.3).
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (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
17. Add Sec. 721.11009 to subpart E to read as follows:
Sec. 721.11009 Hydroxy functional triglyceride polymer with glycerol
mono-ester and 1,1'-methylenebis[isocyanatobenzene] (generic).
(a) Chemical substances and significant new uses subject to
reporting. (1) The chemical substance identified generically as hydroxy
functional triglyceride polymer with glycerol
[[Page 48652]]
mono-ester and 1,1'-methylenebis[isocyanatobenzene] (PMN P-16-331) 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), (iii), and (iv), (a)(3), and (b)
(concentration set at 0.1 percent).
(ii) Hazard communication. Requirements as specified in Sec.
721.72(a) through (e) (concentration set at 1.0 percent), (f),
(g)(1)(i) and (ii), (g)(2)(i), (ii), (iii), and (v), and (g)(5).
Alternative hazard and warning statements that meet the criteria of the
Globally Harmonized System (GHS) and OSHA Hazard Communication Standard
may be used.
(iii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80. It is a significant new use to
manufacture the PMN substance to contain a residual of isocyanate
greater than 0.1 weight percent. It is a significant new use to sell
the substance for ``consumer use'' or for ``commercial uses'' (as the
term is defined at Sec. 721.3) when the ``saleable goods or service''
could introduce the substance into a ``consumer'' setting (as that term
is defined in Sec. 721.3).
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (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
18. Add Sec. 721.11010 to subpart E to read as follows:
Sec. 721.11010 Poly(oxy-1,2-ethanediyl),.alpha.-(1-
oxodocosyl)-.omega.-[(1-oxodocosyl)oxy]-
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
poly(oxy-1,2-ethanediyl),.alpha.-(1-oxodocosyl)-.omega.-[(1-
oxodocosyl)oxy]- (PMN P-16-360; CAS No. 36493-27-3) is subject to
reporting under this section for the significant new uses described in
paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80. It is a significant new use to
manufacture the PMN substance such that more than 33% contains 10 or
more repeating ethylene oxide units.
(ii) [Reserved].
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(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
19. Add Sec. 721.11011 to subpart E to read as follows:
Sec. 721.11011 Pulp, cellulose, reaction products with lignin.
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as pulp,
cellulose, reaction products with lignin (PMN P-16-361; CAS No. 167062-
70-6) 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 after they have been incorporated into a polymer matrix.
(2) The significant new uses are:
(i) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(y)(1). It is a significant new use to
manufacture, process, or use the PMN substance other than in a liquid
or gel formulation, unless the solid particle form has a particle size
distribution where less than 0.5% of the particles are less than 10
microns. It is a significant new use to manufacture the solid particle
form more than six months without measuring the particle size
distribution to characterize the particle size distribution of
fractions less than 10 microns of the dry particle PMN substance and
sending the results of the measurement to EPA.
(ii) [Reserved].
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(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
20. Add Sec. 721.11012 to subpart E to read as follows:
Sec. 721.11012 Alkyl carbonate, polymer with, substituted alkanes and
substituted heteromonocycle, substituted alkyl acrylate-blocked
(generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as alkyl
carbonate, polymer with, substituted alkanes and substituted
heteromonocycle, substituted alkyl acrylate-blocked (generic) (PMN P-
16-365) is subject to reporting under this section for the significant
new uses described in paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1) and (3) and (b) (concentration set at 0.1 percent).
(ii) Hazard communication. Requirements as specified in Sec.
721.72(a) through (e) (concentration set at 0.1 percent), (f), (g)(1)
(lung effects), (g)(1) (sensitization), (g)(1)(vii), (g)(2)(i), (ii),
(iii), and (v), and (g)(5).
(iii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80. It is a significant new use to
manufacture the substance to contain a residual of isocyanate greater
than 0.1 weight percent. It is a significant new use to sell the
substance for ``consumer use'' or for ``commercial uses'' (as the term
is defined at Sec. 721.3) when the ``saleable goods or service'' could
introduce the substance into a ``consumer'' setting (as that term is
defined in Sec. 721.3).
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (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
21. Add Sec. 721.11013 to subpart E to read as follows:
Sec. 721.11013 Substituted heteromonocycle, polymer with substituted
alkane and ethoxylated alkane, substituted heteromonocycle substituted
alkyl ester-blocked (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
substituted heteromonocycle, polymer with substituted alkane and
ethoxylated alkane, substituted heteromonocycle
[[Page 48653]]
substituted alkyl ester-blocked (PMN P-16-367) 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 after they have been completely
reacted (cured).
(2) The significant new uses are:
(i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1) and (3) and (b) (concentration set at 0.1 percent).
(ii) Hazard communication. Requirements as specified in Sec.
721.72(a) through (e) (concentration set at 0.1 percent), (f), (g)(1)
(lung effects), (g)(1) (sensitization), (g)(1)(vii), (g)(2)(i), (ii),
(iii), and (v), and (g)(5).
(iii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80. It is a significant new use to
manufacture the substance to contain a residual of isocyanate greater
than 0.1 weight percent. It is a significant new use to sell the
substance for ``consumer use'' or for ``commercial uses'' (as the term
is defined at Sec. 721.3) when the ``saleable goods or service'' could
introduce the substance into a ``consumer'' setting (as that term is
defined in Sec. 721.3).
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (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
22. Add Sec. 721.11014 to subpart E to read as follows:
Sec. 721.11014 Substituted heteromonocycle, telomer with substituted
carbomonocycles, substituted alkyl ester (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
substituted heteromonocycle, telomer with substituted carbomonocycles,
substituted alkyl ester (PMN P-16-369) 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 after they have been completely reacted
(cured).
(2) The significant new uses are:
(i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1), (3), and (4), (a)(6) (particulate), (a)(6)(v) and (vi),
and (b) (concentration set at 0.1 percent). The following National
Institute for Occupational Safety and Health (NIOSH)-certified
respirators with an APF of at least 50 meet the requirements of Sec.
721.63(a)(4):
(A) Any NIOSH-certified air-purifying full facepiece respirator
equipped with N100 (if oil aerosols absent), R-100, or P-100 filter(s).
(B) Any NIOSH-certified powered air-purifying respirator equipped
with a tight-fitting full facepiece and equipped with HEPA filters.
(C) Any NIOSH-certified negative pressure (demand) supplied-air
respirator equipped with a full facepiece.
(D) Any NIOSH-certified continuous flow supplied-air respirator
equipped with a tight-fitting full facepiece (half or full facepiece).
(E) Any NIOSH-certified negative pressure (demand) self-contained
breathing apparatus (SCBA) equipped with a hood or helmet or a full
facepiece.
(ii) Hazard communication. Requirements as specified in Sec.
721.72(a) through (e) (concentration set at 0.1 percent), (f), (g)(1)
(lung effects), (g)(1) (sensitization), (g)(1)(vii), (g)(2)(i), (ii),
(iii), and (v), and (g)(5).
(iii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(q). It is a significant new use to
manufacture the substance to contain residuals greater than 0.1 weight
percent of chemicals described in the 5(e) consent order. It is a
significant new use to sell the substance for ``consumer use'' or for
``commercial uses'' (as the term is defined at Sec. 721.3) when the
``saleable goods or service'' could introduce the substance into a
``consumer'' setting (as that term is defined in Sec. 721.3).
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (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)(ii) of
this section.
0
23. Add Sec. 721.11015 to subpart E to read as follows:
Sec. 721.11015 Aliphatic polycarboxylic acid, polymer with alicyclic
polyhydric alcohol and polyoxyalkylene (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
aliphatic polycarboxylic acid, polymer with alicyclic polyhydric
alcohol and polyoxyalkylene (PMN P-16-387) is subject to reporting
under this section for the significant new uses described in paragraph
(a)(2) of this section.
(2) The significant new uses are:
(i) Hazard communication. Requirements as specified in Sec.
721.72(a) through (e) (concentration set at 1.0 percent), (f),
(g)(1)(ii), (g)(2)(ii), (g)(3)(i) and (ii), and (g)(5). Alternative
hazard and warning statements that meet the criteria of the Globally
Harmonized System (GHS) and OSHA Hazard Communication Standard may be
used.
(ii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(y)(1) and (2). It is a significant new use
to manufacture the substance with a molecular weight less than 18,000
daltons.
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (c) and (f) through (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
24. Add Sec. 721.11016 to subpart E to read as follows:
Sec. 721.11016 Di-ammonium di-carboxylate (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as di-
ammonium di-carboxylate (PMN P-16-398) 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), (iii), and (iv), (a)(3), and (b)
(concentration set at 1.0 percent).
(ii) Hazard communication. Requirements as specified in Sec.
721.72(a) through (e) (concentration set at 1.0 percent), (f), (g)(1)
(skin sensitization), (g)(1)(i), (g)(2)(i) and (v), and (g)(5).
Alternative hazard and warning statements that meet the criteria of the
Globally Harmonized System (GHS) and
[[Page 48654]]
OSHA Hazard Communication Standard may be used.
(iii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(j) and (q).
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (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)(ii) of
this section.
0
25. Add Sec. 721.11017 to subpart E to read as follows:
Sec. 721.11017 Sodium tungsten oxide.
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified as sodium tungsten
oxide (PMN P-16-455) 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
substance that have 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), (3), (4), and (6) (particulate). The following National
Institute for Occupational Safety and Health (NIOSH)-certified
respirators with an APF of at least 1000 meet the requirements of Sec.
721.63(a)(4):
(A) Any NIOSH-certified powered air purifying full facepiece
respirator equipped with appropriate gas/vapor (acid gas, organic
vapor, or substance specific) cartridges.
(B) Any NIOSH-certified continuous flow supplied-air respirator
equipped with a full facepiece.
(C) Any NIOSH-certified pressure-demand or other positive pressure
mode supplied-air respirator equipped with a full facepiece.
(D) Any NIOSH-certified continuous flow supplied-air respirator
equipped with a full facepiece.
(E) Any NIOSH-certified pressure-demand or other positive pressure
mode supplied-air respirator equipped with a full facepiece.
(1) 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 this substance. The NCEL is 0.3 mg/m\3\ as an 8-hour
time weighted average verified by actual monitoring data.
(2) [Reserved].
(ii) Hazard communication. Requirements as specified in Sec.
721.72(a) through (e) (concentration set at 0.1 percent), (f), (g)(1)
(lung effects), (g)(1)(vii), (g)(2)(ii), (iii), and (iv), (g)(3)(ii),
(g)(4)(i) and (iii), and (g)(5).
(iii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(q). It is a significant new use to use the
PMN substance other than as a component of infrared absorption
material. It is a significant new use for any application method that
generates a dust, mist, or aerosol, unless such application method
occurs in an enclosed process.
(iv) Disposal. Requirements as specified in Sec. 721.85(a)(1) and
(2), (b)(1) and (2), and (c)(1) and (2).
(v) Releases 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 (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (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
26. Add Sec. 721.11018 to subpart E to read as follows:
Sec. 721.11018 Fatty acids, tall-oil, polymers with alkanoic acid,
substituted carbomonocycle, alkyl peroxide-initiated (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as fatty
acids, tall-oil, polymers with alkanoic acid, substituted
carbomonocycle, alkyl peroxide-initiated (PMN P-16-503) 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 completely
reacted (cured).
(2) The significant new uses are:
(i) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(g). It is a significant new use to
manufacture the substance to have an average molecular weight less than
1500 daltons. It is a significant new use to manufacture the substance
to have more than 24% by weight of the acid component identified in the
5(e) consent order.
(ii) [Reserved].
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(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)(ii) of
this section.
0
27. Add Sec. 721.11019 to subpart E to read as follows:
Sec. 721.11019 Alkyl bisphenol (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as alkyl
bisphenol (PMN P-16-591) 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), (ii), and (iv), (a)(3) and (4), (a)(6)(v) and
(vi), (a)(6) (particulate), and (b) (concentration set at 1.0 percent).
When determining which persons are reasonably likely to be exposed as
required for Sec. 721.63(a)(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
APF of at least 10 meet the requirements of Sec. 721.63(a)(4):
(A) NIOSH-certified respirator with an N-100, P-100, or R-100
cartridge.
(B) 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.
[[Page 48655]]
(C) NIOSH-certified continuous flow supplied-air respirator
equipped with a loose fitting facepiece, hood, or helmet.
(ii) Hazard communication. Requirements as specified in Sec.
721.72(a) through (e) (concentration set at 0.1 percent), (f), (g)(1)
(dermal sensitization), (g)(1) (endocrine disruption), (g)(1)
(reproductive effects), (g)(1)(i), (ii), (iv), and (ix), (g)(2)(i),
(ii), (iii), (iv), and (v), (g)(3)(i) and (ii), (g)(4)(iii), and
(g)(5). Alternative hazard and warning statements that meet the
criteria of the Globally Harmonized System (GHS) and OSHA Hazard
Communication Standard may be used.
(iii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(q). It is a significant new use to use the
PMN substance in thermal paper printing
(iv) Releases 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 (b).
(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)(ii) of
this section.
Editorial note: This document was received for publication by
the Office of the Federal Register on October 10, 2017.
[FR Doc. 2017-22239 Filed 10-18-17; 8:45 am]
BILLING CODE 6560-50-P