Significant New Use Rules on Certain Chemical Substances, 37702-37733 [2018-15995]
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Federal Register / Vol. 83, No. 148 / Wednesday, August 1, 2018 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 9 and 721
[EPA–HQ–OPPT–2017–0366; FRL–9970–23]
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 145 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
145 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 October
1, 2018. For purposes of judicial review,
this rule shall be promulgated at 1 p.m.
(e.s.t.) on August 15, 2018.
Written adverse comments on one or
more of these SNURs must be received
on or before August 31, 2018 (see Unit
VI. of the SUPPLEMENTARY INFORMATION).
If EPA receives written adverse
comments on one or more of these
SNURs before August 31, 2018, 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–2017–0366, 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)
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SUMMARY:
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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
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
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at 40 CFR part 707, subpart B. In
addition, any persons who export or
intend to export a chemical substance
that is the subject of this rule on or after
August 31, 2018 are subject to the
export notification provisions of TSCA
section 12(b) (15 U.S.C. 2611(b)) (see
§ 721.20), and must comply with the
export notification requirements in 40
CFR part 707, subpart D.
B. What should I consider as I prepare
my comments for EPA?
1. Submitting CBI. Do not submit this
information to EPA through
regulations.gov or email. Clearly mark
the part or all of the information that
you claim to be CBI. For CBI
information in a disk or CD–ROM that
you mail to EPA, mark the outside of the
disk or CD–ROM as CBI and then
identify electronically within the disk or
CD–ROM the specific information that
is claimed as CBI. In addition to one
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?
1. Direct Final Rule. 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 obligates EPA to
assess risks that may be associated with
the significant new uses under the
conditions of use and, if appropriate, to
regulate the proposed uses before they
occur.
2. Proposed Rule. In addition to this
Direct Final Rule, elsewhere in this
issue of the Federal Register, EPA is
issuing a Notice of Proposed
Rulemaking for this rule. If EPA receives
no adverse comment, the Agency will
not take further action on the proposed
rule and the direct final rule will
become effective as provided in this
action. If EPA receives adverse comment
on one or more of SNURs in this action
by August 31, 2018 (see Unit VI. of the
SUPPLEMENTARY INFORMATION), the
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Agency will publish in the Federal
Register a timely withdrawal of the
specific SNURs that the adverse
comments pertain to, informing the
public that the actions will not take
effect. EPA would then address all
adverse public comments in a response
to comments document in a subsequent
final rule, based on the proposed rule.
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B. What is the Agency’s authority for
taking this action?
Section 5(a)(2) of TSCA (15 U.S.C.
2604(a)(2)) authorizes EPA to determine
that a use of a chemical substance is a
‘‘significant new use.’’ EPA must make
this determination by rule after
considering all relevant factors,
including the four bulleted TSCA
section 5(a)(2) factors listed in Unit III.
Once EPA determines that a use of a
chemical substance is a significant new
use, TSCA section 5(a)(1)(B) requires
persons to submit a significant new use
notice (SNUN) to EPA at least 90 days
before they manufacture or process the
chemical substance for that use (15
U.S.C. 2604(a)(1)(B)(i)). TSCA
furthermore 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. According to
§ 721.1(c), persons subject to these
SNURs must comply with the same
SNUN requirements and EPA regulatory
procedures as submitters of PMNs under
TSCA section 5(a)(1)(A). In particular,
these requirements include the
information submission requirements of
TSCA section 5(b) and 5(d)(1), the
exemptions authorized by TSCA section
5(h)(1), (h)(2), (h)(3), and (h)(5), and the
regulations at 40 CFR part 720. Once
EPA receives a SNUN, EPA 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
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EPA determines that the significant new
use is not likely to present an
unreasonable risk, EPA is required
under TSCA section 5(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 authorizes EPA to consider any
other relevant factors.
To determine what would constitute a
significant new use for the 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
145 chemical substances in 40 CFR part
721, subpart E. In this unit, EPA
provides the following information for
each chemical substance:
• PMN number.
• Chemical name (generic name, if
the specific name is claimed as CBI).
• Chemical Abstracts Service (CAS)
Registry number (if assigned for nonconfidential chemical identities).
• Basis for the TSCA section 5(e)
consent order.
• Information identified by EPA that
would help characterize the potential
health and/or environmental effects of
the chemical substance in support of a
request by the PMN submitter to modify
the Order, or if a manufacturer or
processor is considering submitting a
SNUN for a significant new use
designated by the SNUR. This
information may include testing
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required in a TSCA section 5(e) Order
to be conducted by the PMN submitter,
as well as testing not required to be
conducted but which would also help
characterize the potential health and/or
environmental effects of the PMN
substance. Any recommendation for
information identified by EPA was
made based on EPA’s consideration of
available screening-level data, if any, as
well as other available information on
appropriate testing for the chemical
substance. Further, any such testing
identified by EPA that includes testing
on vertebrates was made after
consideration of available toxicity
information, computational toxicology
and bioinformatics, and highthroughput screening methods and their
prediction models. EPA also recognizes
that whether testing/further information
is needed will depend on the specific
exposure and use scenario in the SNUN.
EPA encourages all SNUN submitters to
contact EPA to discuss any potential
future testing. See Unit VIII. for more
information.
• CFR citation assigned in the
regulatory text section of this rule. The
regulatory text section of each rule
specifies the activities designated as
significant new uses. Certain new uses,
including exceedance of 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. These rules include 145 PMN
substances that are subject to Orders
under TSCA section 5(e)(1)(A)(ii)(I)
where EPA determined that activities
associated with the PMN substances
may present unreasonable risk to human
health or the environment. Those
Orders require protective measures to
limit exposures or otherwise mitigate
the potential unreasonable risk. The
SNURs identify as significant new uses
any manufacturing, processing, use,
distribution in commerce, or disposal
that does not conform to the restrictions
imposed by the underlying Orders,
consistent with TSCA section 5(f)(4).
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) 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
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to the actual NCEL concentration, the
comprehensive NCELs provisions in
TSCA section 5(e) 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 § 721.30 requests to use
the NCELs approach for SNURs that 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) Order
for the same chemical substance.
PMN Numbers: P–14–472 and P–14–496
Chemical names: Polyphosphoric
acids, 2-[alkyl-1-oxo-2-propen-1yl)oxy]ethyl esters, compds. with N(aminoiminomethyl)urea (generic) (P–
14–472) and Polyphosphoric acids, 2[(2-methyl-1-oxo-2-propen-1yl)oxy]ethyl esters, compds. with alkyl
amino, polymers with Bu acrylate, N(hydroxymethyl)propenamide and
styrene (generic) (P–14–496).
CAS numbers: Not available.
Effective date of TSCA section 5(e)
Order: April 26, 2017.
Basis for TSCA section 5(e) Order:
The PMN states that the generic (nonconfidential) uses of the PMN
substances are as a site-controlled
intermediate (P–14–472) and a paper
additive (P–14–496). Based on Structure
Activity Relationship (SAR) analysis of
test data on acrylates/methacrylates, and
other structurally similar substances,
there is potential for irritation and
sensitization for P–14–472. For P–14–
496 there is concern for sensitization
based on the presence of formaldehyde
and concern for irritation and lung
effects from the surfactant properties of
the substance. Further, based on SAR
analysis of test data on analogous
phosphates, EPA predicts toxicity to
aquatic organisms may occur at
concentrations that exceed 3 parts per
billion (ppb) of P–14–472 and 4 ppb of
P–14–496 in surface waters. The Order
was issued under TSCA sections
5(a)(3)(B)(i) and 5(e)(1)(A)(i), based on a
finding that the available information is
insufficient to permit a reasoned
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evaluation of the human health effects
of the PMN substances. Further, 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 Order requires:
1. Submission of certain toxicity
testing on the PMN substances prior to
exceeding the confidential production
volume limit as specified in the Order.
2. Use of personal protective
equipment to prevent dermal exposure.
3. Establishment and use of a hazard
communication program, including
human health precautionary statements
on each label and in the Safety Data
Sheet (SDS).
4. No release of the PMN substances
resulting in surface water
concentrations that exceed 3 ppb for P–
14–472 and 4 ppb for P–14–496.
5. No modification of the
manufacturing process that results in
inhalation exposure and no use
involving application methods that
generate a dust, mist, or aerosol.
6. Use of the PMN substances only as
a site-limited intermediate (P–14–472)
and the confidential use specified in the
Order (P–14–496).
The SNUR would designate as a
‘‘significant new use’’ the absence of
these protective measures.
Potentially useful information: EPA
has determined that certain information
about the fate and human health toxicity
of the PMN substances may be
potentially useful to characterize the
effects of the PMN substances in
support of a request by the PMN
submitter to modify the Order, or if a
manufacturer or processor is
considering submitting a SNUN for a
significant new use that will be
designated by this SNUR. The submitter
has agreed not to exceed the
confidential production limit without
performing a skin sensitization study
and a biodegradation test on each
substance. In addition, EPA has
determined that the results of a
pulmonary effects testing of the PMN
substance may be potentially useful in
characterizing the health effects of the
PMN substances. Although the Order
does not require this additional testing,
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 information that EPA determines
is relevant and needed to evaluate a
modification request.
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CFR citations: 40 CFR 721.11024 (P–
14–472) and 40 CFR 721.11025 (P–14–
496).
PMN Number: P–14–630
Chemical name: Bismuth bromide
iodide oxide.
CAS number: 340181–06–8.
Effective date of TSCA section 5(e)
Order: May 10, 2017.
Basis for TSCA section 5(e) Order:
The PMN states that the substance will
be used as a pigment for liquid coatings
solvent based system; a pigment for
powder coatings; and a pigment for
polymer materials. Based on test data
and physical/chemical properties of the
PMN substance, as well as SAR analysis
of analogous respirable, poorly soluble
particulates, EPA identified concerns for
lung effects, including fibrosis. The
Order was issued under TSCA sections
5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I),
based on insufficient information to
make a reasoned evaluation and a
finding that the substance may present
an unreasonable risk of injury to human
health. EPA assessed risks based on the
specific manufacturing, processing, use,
distribution/transportation, treatment
and disposal processes, process
equipment, engineering controls, and
handling practices (including worker
activities and cleaning procedures)
described in the PMN. To protect
against these risks, the Order requires:
1. Submission of certain toxicity
testing on the PMN substance prior to
exceeding the confidential production
volume limit as specified in the Order.
2. Use of a National Institute for
Occupational Safety and Health
(NIOSH)-certified respirator with an
Assigned Protection Factor (APF) of at
least 10 (where there is a potential for
inhalation exposures) or compliance
with a New Chemical Exposure Limit
(NCEL) of 2.4 milligram/meter3 (mg/m3)
as an 8-hour time-weighted average.
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 substance in a
consumer product that generates a dust,
mist, or aerosol.
The SNUR will designate as a
‘‘significant new use’’ the absence of
these protective measures, and any use
to vary or alter, the manufacturing,
processing, use, distribution/
transportation, treatment and disposal
processes, process equipment,
engineering controls, and handling
practices (including worker activities
and cleaning procedures) described in
the PMN in such a way as to change the
magnitude of inhalation exposure.
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Potentially useful information: EPA
has determined that certain information
about the human health toxicity of the
PMN substance may be potentially
useful to characterize the effects of the
PMN substance in support of a request
by the PMN submitter to modify the
Order, or if a manufacturer or processor
is considering submitting a SNUN for a
significant new use that will be
designated by this SNUR. The submitter
has agreed not to exceed the
confidential production limit without
performing specific target organ toxicity
testing. In addition, EPA has determined
that the results of a chronic toxicity/
carcinogenicity test of the PMN
substance may be potentially useful in
characterizing the health effects of the
PMN substance. Although the Order
does not require this additional testing,
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 information that EPA determines
is relevant and needed to evaluate a
modification request.
CFR citation: 40 CFR 721.11026.
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PMN Number: P–15–450
Chemical name: Aluminum cobalt
lithium nickel oxide.
CAS number: 177997–13–6.
Effective date of TSCA section 5(e)
Order: March 23, 2017.
Basis for TSCA section 5(e) Order:
The PMN states that the substance will
be used as a mixed metal oxide for
batteries. Based on test data on the PMN
substance, EPA identified concerns for
spleen and kidney toxicity. Based on
physical/chemical properties of the
PMN substance, as well as SAR analysis
of analogous respirable, poorly soluble
particulates, EPA identified concerns for
lung effects based on lung overload.
Based on the crystalline structure of the
PMN substance, EPA identified concern
for lung carcinogenicity. The Order was
issued under TSCA sections
5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I),
based on insufficient information to
make a reasoned evaluation and a
finding that the substance may present
an unreasonable risk of injury to human
health. EPA assessed risks based on the
specific manufacturing, processing, use,
distribution/transportation, treatment
and disposal processes, process
equipment, engineering controls, and
handling practices (including worker
activities and cleaning procedures)
described in the PMN. To protect
against these risks, the Order requires:
1. Submission of certain toxicity
testing on the PMN substance prior to
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exceeding the time limit as specified in
the Order.
2. Use of personal protective
equipment including impervious gloves
and protective clothing (where there is
a potential for dermal exposures).
3. Use of a NIOSH-certified respirator
with an APF of at least 1,000 (where
there is a potential for inhalation
exposure) or compliance with a NCEL of
0.000092 ppm as an 8-hour timeweighted average.
4. Use of the chemical transfer
processes and air ventilation processes
described in the PMN and the exposure
monitoring requirements described in
the Order.
5. Establishment and use of a hazard
communication program, including
human health precautionary statements
on each label and in the SDS.
6. Disposal of the PMN substance by
landfill only. Air releases are limited by
processes described in the PMN,
including filtering through a highefficiency particulate air filter with an
efficiency rate of 99.99%.
7. No domestic manufacture of the
PMN substance.
The SNUR will designate as a
‘‘significant new use’’ the absence of
these protective measures.
Potentially useful information: EPA
has determined that certain information
about the human health toxicity of the
PMN substance may be potentially
useful to characterize the effects of the
PMN substance in support of a request
by the PMN submitter to modify the
Order, or if a manufacturer or processor
is considering submitting a SNUN for a
significant new use that will be
designated by this SNUR. The submitter
has agreed not to exceed the time limit
without performing specific target organ
toxicity testing and carcinogenicity
testing. In addition, EPA has determined
that the results of medical monitoring of
the workers exposed to the substance
during manufacturing, processing, and
use may be potentially useful in
characterizing the health effects of the
PMN substance. Although the Order
does not require this medical
monitoring, 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 information that EPA
determines is relevant and needed to
evaluate a modification request.
CFR citation: 40 CFR 721.11027.
PMN Number: P–15–705
Chemical name: Alkylarylamine
(generic).
CAS number: Not available.
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Effective date of TSCA section 5(e)
Order: May 11, 2017.
Basis for TSCA section 5(e) Order:
The PMN states that the substance will
be used as a chemical intermediate and
as an additive and octane booster in
aviation fuels.
Based on test data on the PMN
substance, EPA has identified concerns
for dermal irritation, developmental
toxicity, and blood effects. Based on test
data on analogous anilines, EPA has
identified concerns for cardiovascular,
eye, liver, kidney, and pulmonary
effects, as well as bladder cancer. The
Order was issued under TSCA sections
5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I),
based on insufficient information to
make a reasoned evaluation and a
finding that the substance may present
an unreasonable risk of injury to human
health. To protect against these risks,
the Order requires:
1. Submission of certain toxicity
testing on the PMN substance prior to
exceeding the confidential production
volume limit as specified in the Order.
2. Use of personal protective
equipment including impervious gloves,
full body chemical protective clothing
and chemical goggles or equivalent eye
protection (where there is a potential for
dermal exposure).
3. Use of a NIOSH-certified respirator
with an APF of at least 1,000 (where
there is a potential for inhalation
exposure) or compliance with a NCEL of
0.48 mg/m3 as an 8-hour time-weighted
average. (EPA’s estimates indicate that
variations of the parameters (including
batch size, number of processing sites,
days per year of operation) of the uses
identified below would not result in
inhalation exposure that would indicate
a different respirator.)
4. No use of the substance in a
consumer product.
5. No use other than as a chemical
intermediate or as an additive and
octane booster in aviation fuels.
6. Establishment and use of a hazard
communication program, including
human health precautionary statements
on each label and in the SDS.
7. No release of the PMN substance
resulting in surface water
concentrations that exceed 1 ppb.
The SNUR will designate as a
‘‘significant new use’’ the absence of
these protective measures.
Potentially useful information: EPA
has determined that certain information
about the human health and aquatic
toxicity of the PMN substance may be
potentially useful to characterize the
effects of the PMN substance in support
of a request by the PMN submitter to
modify the Order, or if a manufacturer
or processor is considering submitting a
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SNUN for a significant new use that will
be designated by this SNUR. The
submitter has agreed not to exceed the
confidential production limit without
performing specific target organ toxicity
testing and a chronic aquatic toxicity
test.
CFR citation: 40 CFR 721.11028.
sradovich on DSK3GMQ082PROD with RULES2
PMN Numbers: P–15–706 and P–15–707
Chemical names: Aliphatic N-alkyl
urea polymer containing cyclohexyl
groups and trimethoxy silanes (generic)
(P–15–706) and Aliphatic N-alkyl urea
polymer containing aspartic ester
groups and trimethoxy silanes (generic)
(P–15–707).
CAS numbers: Not available.
Effective date of TSCA section 5(e)
Order: April 26, 2017.
Basis for TSCA section 5(e) Order:
The PMNs state that the generic use of
the substances will be as ingredients for
multipurpose exterior coatings. Based
on SAR analysis on reactive methoxy
silane moieties, EPA has identified
concerns for irritation to lungs, eyes,
and mucus membranes. There are also
concerns for acute toxicity,
neurotoxicity, and developmental
toxicity based on the presence of
methanol, and for sensitization if there
are residual isocyanates. The Order was
issued under TSCA sections
5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I),
based on insufficient information to
make a reasoned evaluation and a
finding that the substances may present
an unreasonable risk of injury to human
health. To protect against these risks,
the Order requires:
1. Submission of certain toxicity
testing on the PMN substance prior to
exceeding the production limit as
specified in the Order.
2. Use of personal protective
equipment including impervious gloves
(where there is a potential for dermal
exposure).
3. Use of a NIOSH-certified respirator
with an APF of at least 10 (where there
is a potential for inhalation exposure) or
compliance with a NCEL of 0.9 mg/m3
as an 8-hour time-weighted average.
(EPA’s estimates indicate that variations
of the parameters (including batch size,
number of processing sites, days per
year of operation) of the uses identified
below would not result in inhalation
exposure that would indicate a different
respirator.)
4. Establishment and use of a hazard
communication program, including
human health precautionary statements
on each label and in the SDS.
5. No manufacture beyond an annual
production volume of 250,000 kilograms
(kg).
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6. Manufacture of the PMN substances
to contain no more than 0.1% residual
isocyanate by weight.
7. No uses of the substances other
than allowed in the Order.
8. No use of the substances in a
consumer product.
The SNUR will designate as a
‘‘significant new use’’ the absence of
these protective measures.
Potentially useful information: EPA
has determined that certain information
about the human health toxicity of the
PMN substances may be potentially
useful to characterize the effects of the
PMN substances in support of a request
by the PMN submitter to modify the
Order, or if a manufacturer or processor
is considering submitting a SNUN for a
significant new use that will be
designated by this SNUR. The submitter
has agreed not to exceed the
confidential production limit without
performing specific target organ toxicity
testing for P–15–706.
CFR citation: 40 CFR 721.11029 (P–
15–706) and 40 CFR 721.11030 (P–15–
707).
PMN Numbers: P–16–273 and P–16–274
Chemical names: Alkyl
heteromonocycle, polymer with
heteromonocycle, carboxyalkyl alkyl
ethers (generic).
CAS numbers: Not available.
Effective date of TSCA section 5(e)
Order: April 25, 2017.
Basis for TSCA section 5(e) Order:
The PMNs state that the generic (nonconfidential) use of the substances will
be as ingredients in metalworking
fluids. Based on submitted test data for
P–16–273 and structurally similar
surfactants, EPA has identified concerns
for dermal sensitization and irritation
and lung effects. Based on submitted
toxicity data for P–16–273, EPA
estimates toxicity to aquatic organisms
may occur for both PMNs at
concentrations that exceed 10 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 insufficient information to
make a reasoned evaluation and a
finding that the substances may present
an unreasonable risk of injury to human
health and the environment. To protect
against these risks, the Order requires:
1. No domestic manufacture of the
PMN substances.
2. Use of the PMN substances only: (i)
For the confidential uses specified in
the Order, (ii) at a concentration no
greater than 3% of the metalworking
fluid, and (iii) used only in closed
metalworking systems as specified in
the PMNs with no modifications in the
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process that would result in worker
inhalation exposure.
3. Use of personal protective
equipment including impervious gloves
(where there is a potential for dermal
exposure).
4. No release of the PMN substances
resulting in surface water
concentrations that exceed 10 ppb.
The SNUR will designate as a
‘‘significant new use’’ the absence of
these protective measures.
Potentially useful information: EPA
has determined that certain information
about the fate and toxicity of the PMN
substances may be potentially useful to
characterize the health and
environmental effects of the PMN
substances in support of a request by the
PMN submitter to modify the Order, or
if a manufacturer or processor is
considering submitting a SNUN for a
significant new use that will be
designated by this SNUR. EPA has
determined that the results of specific
target organ toxicity testing and a
biodegradation test of the PMN
substances may be potentially useful in
characterizing the health and
environmental effects of the PMN
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 information
that EPA determines is relevant and
needed to evaluate a modification
request.
CFR citation: 40 CFR 721.11031.
PMN Number: P–16–289
Chemical name: Benzene dicarboxylic
acid, polymer with alkane dioic acid
and aliphatic diamine (generic).
CAS number: Not available.
Effective date of TSCA section 5(e)
Order: March 24, 2017.
Basis for TSCA section 5(e) Order:
The PMN states the substance will be
used as an extrusion compounding
molding resin. Based on test data on
analogous high molecular weight
polymers, EPA has concerns for lung
effects, which includes lung overload.
The Order was issued under TSCA
sections 5(a)(3)(B)(ii)(I) and
5(e)(1)(A)(ii)(I), based on insufficient
information to make a reasoned
evaluation and a finding that the
substance may present an unreasonable
risk of injury to human health. To
protect against these risks, the Order
requires:
1. Submission of particle size testing
on the PMN substance prior to
exceeding the time limit as specified in
the Order.
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2. Manufacture of the PMN substance
such that the solid particle form has a
particle size distribution where less
than 1% of the particles are less than 10
microns.
The SNUR will designate as a
‘‘significant new use’’ the absence of
these protective measures.
Potentially useful information: EPA
has determined that certain information
about the physical/chemical
characteristics of the PMN substance
may be potentially useful to characterize
the health effects of the PMN substance
in support of a request by the PMN
submitter to modify the Order, or if a
manufacturer or processor is
considering submitting a SNUN for a
significant new use that will be
designated by this SNUR. The submitter
has agreed not to manufacture beyond a
certain time period without measuring
the particle size distribution to
characterize the fraction of the dry
particle PMN substance less than 10
microns. In addition, EPA has
determined that the results of specific
target organ toxicity testing of the PMN
substance may be potentially useful in
characterizing the health effects of the
PMN substance. Although the Order
does not require this additional testing,
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 information that EPA determines
is relevant and needed to evaluate a
modification request.
CFR citation: 40 CFR 721.11032.
sradovich on DSK3GMQ082PROD with RULES2
PMN Number: P–16–322
Chemical name: Manganese cyclic
(tri)amine chloride complex (generic).
CAS number: Not available.
Effective date of TSCA section 5(e)
Order: April 25, 2017.
Basis for TSCA section 5(e) Order:
The PMN states that the generic (nonconfidential) use of the substance will
be as a pulp bleaching catalyst. Based
on test data on an analog, EPA has
identified concerns for kidney, blood,
and thyroid effects, immunotoxicity,
reproductive and developmental
toxicity, and neurotoxicity. Based on
test data on the PMN substance, EPA
estimates that toxicity to aquatic
organisms may occur at concentrations
that exceed 18 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 insufficient information to
make a reasoned evaluation and a
finding that the substance may present
an unreasonable risk of injury to human
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health and the environment. To protect
against these risks, the Order requires:
1. Submission of certain toxicity
testing on the PMN substance prior to
exceeding the confidential production
volume limit as specified in the Order.
2. Use of personal protective
equipment to prevent dermal exposure
(where there is a potential for dermal
exposure).
3. Use of a NIOSH-certified respirator
with an APF of at least 25 (where there
is a potential for inhalation exposure) or
compliance with a NCEL of 1.2 ppm as
an 8-hour time-weighted average. (EPA’s
estimates indicate that variations of the
parameters (including batch size,
number of processing sites, days per
year of operation) of the uses identified
below would not result in inhalation
exposure that would indicate a different
respirator.)
4. Establishment and use of a hazard
communication program, including
human health precautionary statements
on each label and in the SDS.
5. No domestic manufacture of the
PMN substance.
6. Process and use of the PMN
substance only for the confidential uses
and formulation percentage specified in
the Order.
7. No release of the PMN substance
resulting in surface water
concentrations that exceed 18 ppb.
The SNUR will designate as a
‘‘significant new use’’ the absence of
these protective measures.
Potentially useful information: EPA
has determined that certain information
about the human health and aquatic
toxicity of the PMN substance may be
potentially useful to characterize the
effects of the PMN substance in support
of a request by the PMN submitter to
modify the Order, or if a manufacturer
or processor is considering submitting a
SNUN for a significant new use that will
be designated by this SNUR. The
submitter has agreed not to exceed the
confidential production limit without
performing specific target organ toxicity
testing, reproductive/developmental
toxicity testing; and chronic aquatic
toxicity testing.
CFR citation: 40 CFR 721.11033.
PMN Numbers: P–16–338, P–16–339,
P–16–439, and P–16–440
Chemical names: Xanthylium,
(sulfoaryl)-bis [(substituted aryl)
amino]-, sulfo derivs., inner salts, metal
salts (generic) (P–16–338); Substituted
triazinyl metal salt, diazotized, coupled
with substituted
pyridobenzimidazolesulfonic acids,
substituted
pyridobenzimidazolesulfonic acids,
diazotized substituted alkanesulfonic
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acid, diazotized substituted aromatic
sulfonate, diazotized substituted
aromatic sulfonate, metal salts (generic)
(P–16–339); Carbon black, (organic
acidic carbocyclic)-modified, inorganic
salt (generic) (P–16–439); and Carbon
black, (organic acidic carbocyclic)modified, metal salt (generic) (P–16–
440).
CAS numbers: Not available.
Effective date of TSCA section 5(e)
Order: April 11, 2017.
Basis for TSCA section 5(e) Order:
The PMN states that the generic (nonconfidential) uses of the PMN
substances will be as dyestuffs (P–16–
0338 and P–16–0339) and as coloring
agents (P–16–0439 and P–16–0440).
Based on physical/chemical properties
of the PMN substances and test data on
analogous poorly respirable particles,
EPA has identified concerns for
irritation to the eyes, lungs, and mucous
membranes, and lung effects. Further,
based on SAR analysis of test data on
analogous dyes, EPA predicts toxicity to
aquatic organisms may occur at
concentrations that exceed 200 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 insufficient
information to make a reasoned
evaluation and a finding that the
substances may present an unreasonable
risk of injury to human health and the
environment. To protect against these
risks, the Order requires:
1. No manufacture of the PMN
substances beyond the confidential
annual production volume specified in
the Order.
2. No domestic manufacture of the
PMN substances.
3. Import the PMN substances only
according to the terms specified and for
the confidential uses specified in the
Order.
4. No release of the PMN substances
to surface waters.
The SNUR will designate as a
‘‘significant new use’’ the absence of
these protective measures.
Potentially useful information: EPA
has determined that certain information
about the fate, human health toxicity,
and aquatic toxicity of the PMN
substances may be potentially useful to
characterize the effects of the PMN
substances in support of a request by the
PMN submitter to modify the Order, or
if a manufacturer or processor is
considering submitting a SNUN for a
significant new use that will be
designated by this SNUR. EPA has
determined that the results of a
biodegradation test, specific target organ
toxicity testing, and acute and chronic
aquatic toxicity testing of the PMN
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substances may be potentially useful in
characterizing the health and
environmental effects of the PMN
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 information
that EPA determines is relevant and
needed to evaluate a modification
request.
CFR citations: 40 CFR 721.11034 (P–
16–338), 40 CFR 721.11035 (P–16–339),
40 CFR 721.11036 (P–16–439), and 40
CFR 721.11037 (P–16–440).
PMN Number: P–16–350
Chemical name: Polyaralkyl aryl ester
of methacrylic acid (generic).
CAS number: Not available.
Effective date of TSCA section 5(e)
Order: March 31, 2017.
Basis for TSCA section 5(e) Order:
The PMN states that the generic (nonconfidential) use of the substance will
be as a polymer reactant. Based on test
data on methacrylate moieties, EPA has
identified concerns for irritation and
sensitization based on analogy to
methacrylates. Based on SAR analysis of
test data on structurally similar
respirable surfactants, EPA has
identified concerns for lung effects. The
Order was issued under TSCA sections
5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I),
based on insufficient information to
make a reasoned evaluation and a
finding that the substance may present
an unreasonable risk of injury to human
health. To protect against these risks,
the Order requires:
1. Use of personal protective
equipment including 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. Manufacture of the PMN substance
such that it is not less than the
minimum average molecular weight
identified in the Order and does not
contain more than the maximum weight
percent of low molecular weight species
below 1,000 Daltons.
4. Use of the PMN substance only for
the confidential use specified in the
Order.
The SNUR will designate as a
‘‘significant new use’’ the absence of
these protective measures.
Potentially useful information: EPA
has determined that certain information
about the toxicity of the PMN substance
may be potentially useful to characterize
the health effects of the PMN substance
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in support of a request by the PMN
submitter to modify the Order, or if a
manufacturer or processor is
considering submitting a SNUN for a
significant new use that will be
designated by this SNUR. EPA has
determined that the results of specific
target organ toxicity testing and a
sensitization test of the PMN substance
may be potentially useful in
characterizing the health 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 information
that EPA determines is relevant and
needed to evaluate a modification
request.
CFR citation: 40 CFR 721.11038.
PMN Number: P–16–352
Chemical names: Phenol, 2-[[[3(octyloxy)propyl]imino]methyl]- (P–16–
352, chemical A) and Phenol, 2-[[[3(decyloxy)propyl]imino]methyl]- (P–16–
352, chemical B).
CAS numbers: 1858221–49–4 (P–16–
352, chemical A) and 1858221–50–7 (P–
16–352, chemical B).
Effective date of TSCA section 5(e)
Order: April 21, 2017.
Basis for TSCA section 5(e) Order:
The PMN states that the PMN
substances will be used as co-catalysts
in the manufacturing of release coatings
for producing papers and films at a
concentration of 1% or less. Based on
SAR analysis of test data on analogous
phenols, EPA has identified concerns
for respiratory and dermal irritation and
developmental toxicity. In addition,
EPA has identified concerns for liver
toxicity and reproductive effects based
on the hydrolysis product ohydroxybenzaldehyde. Further, based
on SAR analysis of test data on
analogous phenols, EPA predicts
toxicity to aquatic organisms may occur
at concentrations that exceed 1 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 insufficient
information to make a reasoned
evaluation and a finding that the
substances may present an unreasonable
risk of injury to human health and the
environment. To protect against these
risks, the Order requires:
1. Submission of certain toxicity
testing on the PMN substance prior to
exceeding the confidential production
volume limit as specified in the Order.
2. Use of personal protective
equipment including impervious gloves
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(where there is a potential for dermal
exposure).
3. Establishment and use of a hazard
communication program, including
human health precautionary statements
on each label and in the SDS.
4. No domestic manufacture of the
PMN substances.
5. No manufacture of the PMN
substances beyond an annual
production volume of 250 kg/yr.
6. No use of the PMN substances in
application methods that generate a
dust, mist, or aerosol.
7. No release of the PMN substance
resulting in surface water
concentrations that exceed 1 ppb.
The SNUR will designate as a
‘‘significant new use’’ the absence of
these protective measures.
Potentially useful information: EPA
has determined that certain information
about the human health and aquatic
toxicity of the PMN substance may be
potentially useful to characterize the
effects of the PMN substance in support
of a request by the PMN submitter to
modify the Order, or if a manufacturer
or processor is considering submitting a
SNUN for a significant new use that will
be designated by this SNUR. The
submitter has agreed not to exceed the
confidential production limit without
performing specific target organ toxicity,
reproductive/developmental toxicity,
and acute aquatic toxicity testing.
CFR citations: 40 CFR 721.11039 (P–
16–352, chemical A) and 40 CFR
721.11040 (P–16–352, chemical B).
PMN Number: P–16–358
Chemical name: Alkyl phenol
(generic).
CAS number: Not available.
Effective date of TSCA section 5(e)
Order: April 24, 2017.
Basis for TSCA section 5(e) Order:
The PMN states that the substance will
be used as a chemical intermediate.
Based on SAR analysis of test data on
analogous phenols, EPA has identified
concerns for developmental toxicity.
The Order was issued under TSCA
sections 5(a)(3)(B)(ii)(I) and
5(e)(1)(A)(ii)(I), based on insufficient
information to make a reasoned
evaluation and a finding that the
substance may present an unreasonable
risk of injury to human health. To
protect against these risks, the Order
requires:
1. Submission of certain toxicity
testing on the PMN substance prior to
exceeding the confidential production
volume limit as specified in the Order.
2. Use of personal protective
equipment including impervious gloves
(where there is a potential for dermal
exposure).
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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 as
a chemical intermediate.
5. No manufacture, process, or use of
the PMN substance in any manner or
method that generates a dust, mist, or
aerosol or in a non-enclosed process.
6. No release of the PMN substance to
surface waters.
The SNUR will designate as a
‘‘significant new use’’ the absence of
these protective measures.
Potentially useful information: EPA
has determined that certain information
about the human health toxicity of the
PMN substance may be potentially
useful to characterize the effects of the
PMN substance in support of a request
by the PMN submitter to modify the
Order, or if a manufacturer or processor
is considering submitting a SNUN for a
significant new use will be designated
by this SNUR. The submitter has agreed
not to exceed the confidential
production limit without performing
specific target organ toxicity and
reproductive/developmental toxicity
tests.
CFR citation: 40 CFR 721.11041.
PMN Number: P–16–364
Chemical name: Nitrile-butadieneacrylate terpolymers (generic).
CAS number: Not available.
Effective date of TSCA section 5(e)
Order: March 31, 2017.
Basis for TSCA section 5(e) Order:
The PMN states that the generic (nonconfidential) use of the substance will
be as a chemical intermediate. Based on
SAR analysis of test data on structurally
similar respirable particles, EPA has
identified concerns for lung effects,
including lung overload. The Order was
issued under TSCA sections
5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I),
based on insufficient information to
make a reasoned evaluation and a
finding that the substance may present
an unreasonable risk of injury to human
health. To protect against these risks,
the Order requires:
1. Use of the PMN substance only as
a site-limited chemical intermediate.
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 PMN substance if it contains more
than 5% of the particle size distribution
less than 10 microns.
The SNUR will designate as a
‘‘significant new use’’ the absence of
these protective measures.
Potentially useful information: EPA
has determined that certain information
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about the toxicity of the PMN substance
may be potentially useful to characterize
the effects of the PMN substance in
support of a request by the PMN
submitter to modify the Order, or if a
manufacturer or processor is
considering submitting a SNUN for a
significant new use that will be
designated by this SNUR. EPA has
determined that the results of specific
target organ toxicity testing of the PMN
substance may be potentially useful in
characterizing the health effects of the
PMN 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 information
that EPA determines is relevant and
needed to evaluate a modification
request.
CFR citation: 40 CFR 721.11042.
PMN Number: P–16–399
Chemical name: Starch, polymer with
2-propenoic acid, potassium salt,
oxidized.
CAS number: 1638117–09–5.
Effective date of TSCA section 5(e)
Order: April 6, 2017.
Basis for TSCA section 5(e) Order:
The PMN states that the substance will
be used as an agricultural soil
amendment for field crops, agricultural
soil amendment for turf applications
and direct soil injection with fertilizers,
and a compound to be used in
preparation of advanced seed coatings.
Based on SAR analysis of test data on
structurally similar respirable particles,
EPA has identified concerns for lung
effects, including lung overload. The
Order was issued under TSCA sections
5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I),
based on insufficient information to
make a reasoned evaluation and a
finding that the substance may present
an unreasonable risk of injury to human
health. The Order was also issued under
TSCA sections 5(a)(3)(B)(ii)(II) and
5(e)(1)(A)(ii)(II), based on a finding that
the substance that the substance is or
will be produced in substantial
quantities and that the substance either
enters or may reasonably be anticipated
to enter the environment in substantial
quantities, or there is or may be
significant (or substantial) human
exposure to the substance. To protect
against these risks, the Order requires:
1. Submission of certain toxicity
testing on the PMN substance prior to
exceeding the time limit as specified in
the Order.
2. Use of personal protective
equipment including impervious gloves
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(where there is a potential for dermal
exposure).
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 substance with
a particulate size greater than 30
microns.
The SNUR will designate as a
‘‘significant new use’’ the absence of
these protective measures.
Potentially useful information: EPA
has determined that certain information
about the toxicity of the PMN substance
may be potentially useful to characterize
the health and environmental effects of
the PMN substance in support of a
request by the PMN submitter to modify
the Order, or if a manufacturer or
processor is considering submitting a
SNUN for a significant new use that will
be designated by this SNUR. The
submitter has agreed not to manufacture
beyond a certain time limit without
performing an acute aquatic toxicity
test. In addition, EPA has determined
that the results of specific target organ
toxicity testing of the PMN substance
may be potentially useful in
characterizing the health effects of the
PMN substance. Although the Order
does not require this additional testing,
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 information that EPA determines
is relevant and needed to evaluate a
modification request.
CFR citation: 40 CFR 721.11043.
PMN Number: P–16–430
Chemical name: Pentanedioic acid, 2methyl-.
CAS number: 617–62–9.
Effective date of TSCA section 5(e)
Order: May 17, 2017.
Basis for TSCA section 5(e) Order:
The PMN states the generic (nonconfidential) use of the substance will
be as a filler. Based on test data on the
PMN substance, EPA has identified
concerns for systemic and reproductive
toxicity. Based on structural analysis on
the acid groups and test data, EPA has
identified concerns for dermal and
respiratory irritation. Further, based on
test data on the PMN substance and test
data on analogous neutral organics, EPA
predicts toxicity to aquatic organisms
may occur at concentrations that exceed
14 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 insufficient
information to make a reasoned
evaluation and a finding that the
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substance may present an unreasonable
risk of injury to human health and the
environment. EPA assessed risks based
on the specific processing, use,
distribution/transportation, treatment
and disposal processes, process
equipment, engineering controls, and
handling practices (including worker
activities and cleaning procedures)
described in the PMN. To protect
against these risks, the Order requires:
1. Use of personal protective
equipment including impervious gloves
(where there is a potential for dermal
exposure).
2. Use of a NIOSH-certified respirator
with an APF of at least 10 (where there
is a potential for inhalation exposure).
(EPA’s estimates indicate that variations
of the parameters (including batch size,
number of processing sites, days per
year of operation) of the uses identified
below would not result in inhalation
exposure that would indicate a different
respirator.)
3. Establishment and use of a hazard
communication program, including
human health precautionary statements
on each label and in the SDS.
4. No domestic manufacture of the
PMN substance.
5. Import of the PMN substance at or
below the maximum concentration
specified in the Order.
6. No release of the PMN substance
resulting in surface water
concentrations that exceed 14 ppb.
The SNUR will designate as a
‘‘significant new use’’ the absence of
these protective measures, and use of
the chemical substance to vary or alter
the processing, use, distribution,
engineering controls, and handling
practices described in the Order in such
a way as to change the magnitude of
inhalation exposure.
Potentially useful information: EPA
has determined that certain information
about the human health toxicity of the
PMN substance may be potentially
useful to characterize the effects of the
substance in support of a request by the
PMN submitter to modify the Order, or
if a manufacturer or processor is
considering submitting a SNUN for a
significant new use that will be
designated by this SNUR. EPA has
determined that the results of specific
target organ toxicity testing of the PMN
substance may be potentially useful in
characterizing the health effects of the
PMN 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 information.
CFR citation: 40 CFR 721.11044.
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PMN Number: P–16–495
Chemical name: 2-Pentanol,
4-methyl-, reaction products with
phosphorus oxide (P2O5), compounds
with alkylamine (generic).
CAS number: Not available.
Effective date of TSCA section 5(e)
Order: April 25, 2017.
Basis for TSCA section 5(e) Order:
The PMN states that the generic use
(non-confidential) of the substance will
be as a lubricant additive. Based on test
data on the substance, EPA has
identified concerns for systemic effects,
sensitization and irritation to the eyes
and skin. Based on physical/chemical
properties, EPA has concerns for lung
effects, including lung surfactancy.
Further, based on test data on analogous
aliphatic amines for the cation and
neutral organics for the anion as well as
test data on the PMN substance, EPA
predicts toxicity to aquatic organisms
may occur at concentrations that exceed
200 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 insufficient
information to make a reasoned
evaluation and a finding that the
substance may present an unreasonable
risk of injury to human health and the
environment. To protect against these
risks, the Order requires:
1. Submission of certain toxicity
testing on the PMN substance prior to
exceeding the confidential production
volume limit as specified in the Order.
2. Use of personal protective
equipment (where there is a potential
for dermal exposure).
3. Establishment and use of a hazard
communication program, including
human health precautionary statements
on each label and in the SDS.
4. No manufacture in any manner or
method that results in inhalation
exposure.
5. No use of the PMN substance in an
application method that generates a
vapor, mist, or aerosol.
6. No release of the PMN substance
resulting in surface water
concentrations that exceed 200 ppb.
The SNUR will designate as a
‘‘significant new use’’ the absence of
these protective measures.
Potentially useful information: EPA
has determined that certain information
about the human health and aquatic
toxicity of the PMN substance may be
potentially useful to characterize the
effects of the PMN substance effects of
the PMN substance in support of a
request by the PMN submitter to modify
the Order, or if a manufacturer or
processor is considering submitting a
SNUN for a significant new use that will
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be designated by this SNUR. The
submitter has agreed not to exceed the
confidential production limit without
performing chronic aquatic toxicity
tests. In addition, EPA has determined
that the results of specific target organ
toxicity testing of the PMN substance
may be potentially useful in
characterizing the health effects of the
PMN substance. Although the Order
does not require this additional testing,
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 information that EPA determines
is relevant and needed to evaluate a
modification request.
CFR citation: 40 CFR 721.11045.
PMN Number: P–16–513
Chemical name: Hydroxy
alkylbiphenyl (generic).
CAS number: Not available.
Effective date of TSCA section 5(e)
Order: May 2, 2017.
Basis for TSCA section 5(e) Order:
The PMN states that the substance will
be used as a chemical intermediate.
Based on test data on an analog, EPA
has identified concerns for
developmental toxicity, systemic
toxicity, blood effects, and corrosion of
the skin, eyes, and mucous membranes.
Further, based on SAR analysis of test
data on analogous amides, EPA predicts
toxicity to aquatic organisms may occur
at concentrations that exceed 17 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 insufficient
information to make a reasoned
evaluation and a finding that the
substances may present an unreasonable
risk of injury to human health and the
environment. To protect against these
risks, the Order requires:
1. Submission of certain toxicity
testing on the PMN substance prior to
exceeding the confidential production
volume limit as specified in the Order.
2. Use of personal protective
equipment (where there is a potential
for dermal exposure).
3. Use of a NIOSH-certified respirator
with an APF of at least 50 (where there
is a potential for inhalation exposure).
(EPA’s estimates indicate that variations
of the parameters (including batch size,
number of processing sites, days per
year of operation) of the uses identified
below would not result in inhalation
exposure that would indicate a different
respirator.)
4. Use of the PMN substance only as
a chemical intermediate.
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5. No release of the PMN substance
resulting in surface water
concentrations that exceed 17 ppb.
The SNUR will designate as a
‘‘significant new use’’ the absence of
these protective measures.
Potentially useful information: EPA
has determined that certain information
about the human health and aquatic
toxicity of the PMN substance may be
potentially useful to characterize the
effects of the PMN substance in support
of a request by the PMN submitter to
modify the Order, or if a manufacturer
or processor is considering submitting a
SNUN for a significant new use that will
be designated by this SNUR. The
submitter has agreed not to exceed the
confidential production limit without
performing specific target organ toxicity
and reproductive/developmental
toxicity testing. In addition, EPA has
determined that the results of acute
aquatic toxicity tests may be potentially
useful in characterizing the
environmental effects of the PMN
substance. Although the Order does not
require these additional 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 information that EPA determines
is relevant and needed to evaluate a
modification request.
CFR citation: 40 CFR 721.11046.
PMN Numbers: P–16–534, P–16–535,
and P–16–536
Chemical names: Alkyl alkenoic acid,
polymer with alkenylcarbomonocycle
telomer with substituted alkanoic acid
hydroxyl alkyl substituted alkenyl
substituted alkyl ester, polyalkylene
glycol alkyl ether alkyl alkenoate,
dialkylene glycol diheteromonocyclic
ether and alkylcarbomonocyclic
alkenoate, metal salt (generic) (P–16–
534); Alkyl alkenoic acid, polymer with
alkenylcarbomonocycle telomer with
substituted alkanoic acid hydroxyl alkyl
substituted alkenyl substituted alkyl
ester, alkanediol diheteromonocyclic
ether, polyalkylene glycol alkyl ether
alkyl alkenoate and
alkylcarbomonocyclic alkenoate, metal
salt (generic) (P–16–535); and Alkyl
alkenoic acid, polymer with bis
heteromonocyclic substituted alkyl
carbomonocycle,
alkenylcarbomonocycle telomer with
substituted alkanoic acid hydroxyl alkyl
substituted alkenyl substituted alkyl
ester, polyalkylene glycol alkyl ether
alkyl alkenoate and
alkylcarbomonocyclic alkenoate, metal
salt (generic) (P–16–536).
CAS numbers: Not available.
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Effective date of TSCA section 5(e)
Order: April 4, 2017.
Basis for TSCA section 5(e) Order:
The PMN states that the generic (nonconfidential) use of the substances will
be a component of ink. Based on test
data on structurally similar respirable
particles, EPA has identified concerns
for lung effects if inhaled, based on lung
overload. In addition, EPA has
identified ecotoxicity concerns for the
substances if made with an acid
component exceeding 20% of the
molecular weight due potential for
increased absorption and solubility. The
Order was issued under TSCA sections
5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I),
based on insufficient information to
make a reasoned evaluation and a
finding that the substances may present
an unreasonable risk of injury to human
health and the environment. To protect
against these risks, the Order requires:
1. Manufacture of the PMN substances
such that the minimum average
molecular weight is 1,800 daltons and
the carboxylic acid content does not
exceed 20%.
2. No domestic manufacture of the
PMN substances.
3. Process or use of the PMN
substances only for the use specified in
the Order.
The SNUR will designate as a
‘‘significant new use’’ the absence of
these protective measures.
Potentially useful information: EPA
has determined that certain information
about the human health and aquatic
toxicity of the PMN substances may be
potentially useful to characterize the
effects of the substances in support of a
request by the PMN submitter to modify
the Order, or if a manufacturer or
processor is considering submitting a
SNUN for a significant new use that will
be designated by this SNUR. EPA has
determined that the results of specific
target organ toxicity testing and an acute
aquatic toxicity test of the PMN
substances may be potentially useful in
characterizing the health and
environmental effects of the PMN
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 information
that EPA determines is relevant and
needed to evaluate a modification
request.
CFR citations: 40 CFR 721.11047 (P–
16–534), 40 CFR 721.11048 (P–16–535),
and 40 CFR 721.11049 (P–16–536).
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37711
PMN Numbers: P–16–549, P–16–550, P–
16–551, P–16–553, P–16–555, P–16–556,
P–16–557, P–16–558, P–16–560, P–16–
561, P–16–562, P–16–563, P–16–564, P–
16–565, and P–16–567
Chemical names: Alkaline
functionalized methacrylate-substituted
polymer (generic) (P–16–549, P–16–550,
and P–16–551); Quatenary alkylamine
functionalized methacrylate-substituted
polymer (generic) (P–16–553); Neutral
alcohol functionalized methacrylatesubstituted polymer (generic) (P–16–555
and P–16–556); Neutral alkyl salt
functionalized methacrylate-substituted
polymer (generic) (P–16–557, P–16–558,
and P–16–560); Acid functionalized
methacrylate-substituted polymer
(generic) (P–16–561, P–16–562, P–16–
563, P–16–564, and P–16–565); and
Alkylamine functionalized
methacrylate-substituted polymer
(generic) (P–16–567).
CAS numbers: Not available.
Effective date of TSCA section 5(e)
Order: May 2, 2017.
Basis for TSCA section 5(e) Order:
The PMN states the substances will be
use as crosslinked resins for
chromatographic separation of
biomolecules and biocatalysts. Based on
test data on structurally similar
respirable particles, EPA has identified
concerns for lung effects, including lung
overload. EPA has also identified
irritation concerns for skin and eyes.
The Order was issued under TSCA
sections 5(a)(3)(B)(ii)(I) and
5(e)(1)(A)(ii)(I), based on insufficient
information to make a reasoned
evaluation and a finding that the
substances may present an unreasonable
risk of injury to human health. To
protect against these risks, the Order
requires:
1. Use of personal protective
equipment including impervious gloves
(where there is a potential for dermal
exposure).
2. Manufacture of the PMN substances
only in the physical form of spherical
beads and with less than 0.1% below a
particle size of 10 microns.
3. No domestic manufacture of the
PMN substances.
4. Process or use of the PMN
substances only for the uses specified in
the Order.
The SNUR will designate as a
‘‘significant new use’’ the absence of
these protective measures.
Potentially useful information: EPA
has determined that certain information
about the human health toxicity of the
PMN substances may be potentially
useful to characterize the effects of the
substances in support of a request by the
PMN submitter to modify the Order, or
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if a manufacturer or processor is
considering submitting a SNUN for a
significant new use that will be
designated by this SNUR. EPA has
determined that the results of specific
target organ toxicity testing of the PMN
substances may be potentially useful in
characterizing the health effects of the
PMN substances. Although the Order
does not require this testing, 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 information
that EPA determines is relevant and
needed to evaluate a modification
request.
CFR citations: 40 CFR 721.11050.
sradovich on DSK3GMQ082PROD with RULES2
PMN Number: P–16–579
Chemical name: Waste plastics,
poly(ethylene terephthalate), depolymd.
with polypropylene glycol ether with
glycerol (3:1), polymers with alkenoic
and alkanoic acids (generic).
CAS number: Not available.
Effective date of TSCA section 5(e)
Order: March 13, 2017.
Basis for TSCA section 5(e) Order:
The PMN states that the substance will
be used as an ultraviolet curable coating
resin. Based on test data on similar
structural moieties, EPA has identified
concerns for dermal and respiratory
sensitization and irritation of mucous
membranes. In addition, EPA has
identified human health and
environmental concerns for the
substance if made with lower molecular
weight due potential for increased
absorption and solubility. The Order
was issued under TSCA sections
5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I),
based on insufficient information to
make a reasoned evaluation and a
finding that the substances may present
an unreasonable risk of injury to human
health and the environment. To protect
against these risks, the Order requires:
1. Use of personal protective
equipment including gloves and
protective clothing (where there is a
potential for dermal exposure).
2. Use of a NIOSH-certified full face
respirator with an APF of at least 50
(where there is a potential for inhalation
exposure). (EPA’s estimates indicate
that variations of the parameters
(including batch size, number of
processing sites, days per year of
operation) of the uses identified below
would not result in inhalation exposure
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that would indicate a different
respirator.)
3. Establishment and use of a hazard
communication program, including
human health precautionary statements
on each label and in the SDS.
4. No manufacture of the PMN
substance with an average molecular
weight less than 1,100 Daltons.
5. Use of the PMN substance only as
an ultraviolet curable coating resin.
The SNUR will designate as a
‘‘significant new use’’ the absence of
these protective measures.
Potentially useful information: EPA
has determined that certain information
about the physical-chemical properties
and human health and aquatic toxicity
of the PMN substance may be
potentially useful to characterize the
effects of the substance in support of a
request by the PMN submitter to modify
the Order, or if a manufacturer or
processor is considering submitting a
SNUN for a significant new use that will
be designated by this SNUR. EPA has
determined that measurement of certain
physical-chemical properties, the results
of specific target organ toxicity,
reproductive/developmental toxicity,
sensitization, and acute and chronic
aquatic toxicity testing may be
potentially useful in characterizing the
health and environmental effects of the
PMN 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 information
that EPA determines is relevant and
needed to evaluate a modification
request.
CFR citation: 40 CFR 721.11051.
PMN Number: P–17–32
Chemical name: 1,3,5Naphthalenetrisulfonic acid.
CAS number: 6654–64–4.
Effective date of TSCA section 5(e)
Order: March 22, 2017.
Basis for TSCA section 5(e) Order:
The PMN states that the generic (nonconfidential) use of the substance is for
monitoring of oil/gas well performance.
Based on test data on an analog and
physical/chemical properties of the
PMN substance, EPA has identified
concerns for dermal and respiratory
irritation, developmental toxicity, and
blood effects. The Order was issued
under TSCA sections 5(a)(3)(B)(ii)(I) and
5(e)(1)(A)(ii)(I), based on insufficient
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information to make a reasoned
evaluation and a finding that the
substance may present an unreasonable
risk of injury to human health. To
protect against these risks, the Order
requires:
1. Submission of certain toxicity
testing on the PMN substance prior to
exceeding the confidential production
volume limit as specified in the Order.
2. Use of personal protective
equipment including NIOSH-approved
respirator (APF 50) and impervious
gloves (where there is a potential for
inhalation or dermal exposure). (EPA’s
estimates indicate that variations of the
parameters (including batch size,
number of processing sites, days per
year of operation) of the uses identified
below would not result in inhalation
exposure that would indicate a different
respirator.)
3. Establishment and use of a hazard
communication program, including
human health precautionary statements
on each label and in the SDS.
4. No manufacture or processing of
the PMN substance beyond a
confidential annual production volume
specified in the Order.
5. No manufacture, processing, or use
using application methods that
intentionally generate a vapor, mist or
aerosol.
The SNUR will designate as a
‘‘significant new use’’ the absence of
these protective measures.
Potentially useful information: EPA
has determined that certain information
about the human health toxicity of the
PMN substance may be potentially
useful to characterize the effects of the
PMN substance in support of a request
by the PMN submitter to modify the
Order, or if a manufacturer or processor
is considering submitting a SNUN for a
significant new use that will be
designated by this SNUR. The submitter
has agreed not to exceed the
confidential production limit without
performing specific target organ toxicity
and developmental toxicity testing.
CFR citation: 40 CFR 721.11052.
PMN Numbers: P–17–33, P–17–34, P–
17–36, P–17–38, P–17–39, P–17–41, P–
17–42, P–17–43, P–17–45, P–17–47, P–
17–50, P–17–52, P–17–55, P–17–57, P–
17–59, P–17–61, P–17–62, P–17–63, P–
17–64, P–17–66, P–17–67, P–17–69, P–
17–71, P–17–72, P–17–73, P–17–75, P–
17–76, P–17–79, P–17–80, P–17–83, P–
17–85, P–17–87, P–17–90, P–17–91,
P–17–93
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37713
CHEMICAL NAMES AND CAS NUMBERS
Chemical name
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Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
2-fluoro-, sodium salt (1:1) (P–17–33) ......................................................................................................................
4-fluoro-, sodium salt (1:1) (P–17–34) ......................................................................................................................
2,3,4,5-tetrafluoro-, sodium salt (1:1) (P–17–36) .....................................................................................................
2-(trifluoromethyl)-, sodium salt (1:1) (P–17–38) ......................................................................................................
4-(trifluoromethyl)-, sodium salt (1:1) (P–17–39) ......................................................................................................
2,5-difluoro-, sodium salt (1:1) (P–17–41) ................................................................................................................
3-fluoro-, sodium salt (1:1) (P–17–42) ......................................................................................................................
2,6-difluoro-, sodium salt (1:1) (P–17–43) ................................................................................................................
3,5-difluoro-, sodium salt (1:1) (P–17–45) ................................................................................................................
2,4-difluoro-, sodium salt (1:1) (P–17–47) ................................................................................................................
3,4-difluoro-, sodium salt (1:1) (P–17–50) ................................................................................................................
3,4,5-trifluoro-, sodium salt (1:1) (P–17–52) .............................................................................................................
2,3,4-trifluoro-, sodium salt (1:1) (P–17–55) .............................................................................................................
2,4,5-trifluoro-, sodium salt (1:1) (P–17–57) .............................................................................................................
2,3-difluoro-, sodium salt (1:1) (P–17–59) ................................................................................................................
3-(trifluoromethyl)-, sodium salt (1:1) (P–17–61) ......................................................................................................
2-chloro-, sodium salt (1:1) (P–17–62) .....................................................................................................................
4-chloro-, sodium salt (1:1) (P–17–63) .....................................................................................................................
3-chloro-, sodium salt (1:1) (P–17–64) .....................................................................................................................
2,3-dichloro-, sodium salt (1:1) (P–17–66) ...............................................................................................................
2,5-dichloro-, sodium salt (1:1) (P–17–67) ...............................................................................................................
3,5-dichloro-, sodium salt (1:1) (P–17–69) ...............................................................................................................
2,6-dichloro-, sodium salt (1:1) (P–17–71) ...............................................................................................................
3,4-dichloro-, sodium salt (1:1) (P–17–72) ...............................................................................................................
2,4-dichloro-, sodium salt (1:1) (P–17–73) ...............................................................................................................
2-chloro-4-fluoro-, sodium salt (P–17–75) ................................................................................................................
3-chloro-4-fluoro-, sodium salt (P–17–76) ................................................................................................................
5-chloro-2-fluoro-, sodium salt (P–17–79) ................................................................................................................
4-chloro-3-fluoro-, sodium salt (P–17–80) ................................................................................................................
4-chloro-2-fluoro-, sodium salt (P–17–83) ................................................................................................................
5-bromo-2-chloro-, sodium salt (P–17–85) ...............................................................................................................
3-bromo-4-fluoro-, sodium salt (P–17–87) ................................................................................................................
2-bromo-5-fluoro-, sodium salt (P–17–90) ................................................................................................................
4-bromo-2-fluoro-, sodium salt (P–17–91) ................................................................................................................
4-bromo-3-fluoro-, sodium salt (P–17–93) ................................................................................................................
Effective date of TSCA section 5(e)
Order: March 22, 2017.
Basis for TSCA section 5(e) Order:
The PMNs state that the generic (nonconfidential) use of the substances are
for monitoring of oil/gas well
performance. Based on test data on an
analog, EPA has identified concerns for
reproductive, developmental and neurotoxicity, as well as lung toxicity and
dermal irritation. The Order was issued
under TSCA sections 5(a)(3)(B)(ii)(I) and
5(e)(1)(A)(ii)(I), based on insufficient
information to make a reasoned
evaluation and a finding that the
substances may present an unreasonable
risk of injury to human health. EPA
assessed risks based on the specific
manufacturing, processing, use, process
equipment, engineering controls, and
handling practices (including worker
activities and cleaning procedures)
described in the PMN. To protect
against these risks, the Order requires:
1. Submission of certain toxicity
testing on the PMN substances prior to
VerDate Sep<11>2014
CAS No.
21:28 Jul 31, 2018
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exceeding the production volume limit
as specified in the Order.
2. Use of personal protective
equipment including impervious gloves
(where there is a potential for dermal
exposure).
3. Use of a NIOSH-certified respirator
with an APF of at least 50 (where there
is a potential for inhalation exposure) or
compliance with a NCEL of 0.0184 ppm
as an 8-hour time-weighted average.
4. Use of processes, process
equipment, engineering controls, and
handling practices specified in the
Order for manufacturing and processing.
5. Establishment and use of a hazard
communication program, including
human health precautionary statements
on each label and in the SDS.
6. No manufacture or process of the
PMN substances beyond a confidential
annual production volume specified in
the Order.
The SNUR will designate as a
‘‘significant new use’’ the absence of
these protective measures.
PO 00000
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6654–64–4
499–90–1
67852–79–3
2966–44–1
25832–58–0
522651–42–9
499–57–0
6185–28–0
530141–39–0
1765–08–8
522651–44–1
1180493–12–2
402955–41–3
522651–48–5
1604819–08–0
69226–41–1
17264–74–3
3686–66–6
17264–88–9
118537–84–1
63891–98–5
154862–40–5
10007–84–8
17274–10–1
38402–11–8
855471–43–1
1421761–18–3
1382106–78–6
1421029–88–0
1382106–64–0
1938142–12–1
938142–13–2
1938142–14–3
1938142–15–4
1535169–81–3
Potentially useful information: EPA
has determined that certain information
about the human health toxicity of the
PMN substances may be potentially
useful to characterize the effects of the
PMN substances in support of a request
by the PMN submitter to modify the
Order, or if a manufacturer or processor
is considering submitting a SNUN for a
significant new use that will be
designated by this SNUR. The submitter
has agreed not to exceed the
confidential production limit without
performing specific target organ toxicity
testing on P–17–0091.
CFR citations: 40 CFR 721.11053.
PMN Numbers: P–17–35, P–17–37, P–
17–40, P–17–44, P–17–46, P–17–48, P–
17–51, P–17–53, P–17–54, P–17–56, P–
17–58, P–17–60, P–17–65, P–17–68, P–
17–70, P–17–74, P–17–77, P–17–78, P–
17–81, P–17–82, P–17–84, P–17–88, P–
17–89, P–17–92, P–17–97
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CHEMICAL NAMES AND CAS NUMBERS
Chemical Name
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
CAS No.
2,3,4,5-tetrafluoro- (P–17–35) ...................................................................................................................................
2-(trifluoromethyl)- (P–17–37) ...................................................................................................................................
2,5-difluoro- (P–17–40) .............................................................................................................................................
2,6-difluoro- (P–17–44) .............................................................................................................................................
3,5-difluoro- (P–17–46) .............................................................................................................................................
2,4-difluoro- (P–17–48) .............................................................................................................................................
3,4-difluoro- (P–17–51) .............................................................................................................................................
3,4,5-trifluoro- (P–17–53) ..........................................................................................................................................
2,3,4-trifluoro- (P–17–54) ..........................................................................................................................................
2,4,5-trifluoro- (P–17–56) ..........................................................................................................................................
2,3-difluoro- (P–17–58) .............................................................................................................................................
3-(trifluoromethyl)- (P–17–60) ...................................................................................................................................
2,3-dichloro- (P–17–65) ............................................................................................................................................
3,5-dichloro- (P–17–68) ............................................................................................................................................
2,6-dichloro- (P–17–70) ............................................................................................................................................
2-chloro-4-fluoro- (P–17–74) .....................................................................................................................................
5-chloro-2-fluoro- (P–17–77) .....................................................................................................................................
3-chloro-4-fluoro- (P–17–78) .....................................................................................................................................
4-chloro-3-fluoro- (P–17–81) .....................................................................................................................................
4-chloro-2-fluoro- (P–17–82) .....................................................................................................................................
5-bromo-2-chloro- (P–17–84) ...................................................................................................................................
3-bromo-4-fluoro- (P–17–88) ....................................................................................................................................
2-bromo-5-fluoro- (P–17–89) ....................................................................................................................................
4-bromo-3-fluoro- (P–17–92) ....................................................................................................................................
4-bromo-2-fluoro- (P–17–97) ....................................................................................................................................
Effective date of TSCA section 5(e)
Order: March 22, 2017.
Basis for TSCA section 5(e) Order:
The PMNs state that the generic (nonconfidential) use of the substances are
for monitoring of oil/gas well
performance. Based on test data on an
analog, EPA has identified concerns for
reproductive, developmental and neurotoxicity, as well as lung toxicity and
dermal irritation. The Order was issued
under TSCA sections 5(a)(3)(B)(ii)(I) and
5(e)(1)(A)(ii)(I), based on insufficient
information to make a reasoned
evaluation and a finding that the
substances may present an unreasonable
risk of injury to human health. EPA
assessed risks based on the specific
manufacturing, processing, use, process
equipment, engineering controls, and
handling practices (including worker
activities and cleaning procedures)
described in the PMN. To protect
against these risks, the Order requires:
1. Submission of certain toxicity
testing on the PMN substances prior to
exceeding the production volume limit
as specified in the Order.
2. Use of personal protective
equipment including impervious gloves
(where there is a potential for dermal
exposure).
3. Use of a NIOSH-certified respirator
with an APF of at least 50 (where there
is a potential for inhalation exposure) or
compliance with a NCEL of 0.0184 ppm
as an 8-hour time-weighted average to
prevent inhalation exposure.
4. Use of processes, process
equipment, engineering controls, and
handling practices specified in the
Order for manufacturing and processing.
5. Establishment and use of a hazard
communication program, including
human health precautionary statements
on each label and in the SDS.
6. No manufacture or process of the
PMN substances beyond a confidential
annual production volume specified in
the Order.
The SNUR will designate as a
‘‘significant new use’’ the absence of
these protective measures.
1201–31–6
433–97–6
2991–28–8
385–00–2
455–40–3
1583–58–0
455–86–7
121602–93–5
61079–72–9
446–17–3
4519–39–5
454–92–2
50–45–3
51–36–5
50–30–6
2252–51–9
394–30–9
403–16–7
403–17–8
446–30–0
21739–92–4
11007–16–5
394–28–5
153556–42–4
112704–79–7
Potentially useful information: EPA
has determined that certain information
about the human health toxicity of the
PMN substances may be potentially
useful to characterize the effects of the
PMN substances in support of a request
by the PMN submitter to modify the
Order, or if a manufacturer or processor
is considering submitting a SNUN for a
significant new use that will be
designated by this SNUR. The submitter
has agreed not to exceed the
confidential production limit without
performing specific target organ toxicity
and reproductive/developmental
toxicity testing on both P–17–35 and P–
17–37.
CFR citations: 40 CFR 721.11054.
PMN Numbers: P–17–94, P–17–95, P–
17–96, P–17–98, P–17–99, P–17–100, P–
17–101, P–17–102, P–17–103, P–17–104,
P–17–105, P–17–114, P–17–122, P–17–
123, P–17–124, P–17–125, P–17–126, P–
17–127, P–17–128, P–17–129, P–17–130,
P–17–131, P–17–132, P–17–133, P–17–
134, P–17–135, P–17–136, P–17–137, P–
17–138, P–17–139, and P–17–140
CHEMICAL NAMES AND CAS NUMBERS
sradovich on DSK3GMQ082PROD with RULES2
Chemical name
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
VerDate Sep<11>2014
CAS No.
2,3,4,5-tetrafluoro-, ethyl ester (P–17–94) ................................................................................................................
4-(trifluoromethyl)-, ethyl ester (P–17–95) ................................................................................................................
2-(trifluoromethyl)-, ethyl ester (P–17–96) ................................................................................................................
2,6-difluoro-, ethyl ester (P–17–98) ..........................................................................................................................
2,5-difluoro-, ethyl ester (P–17–99) ..........................................................................................................................
2,3,4-trifluoro-, ethyl ester (P–17–100) .....................................................................................................................
2-bromo-5-fluoro-, ethyl ester (P–17–101) ...............................................................................................................
3,5-difluoro-, ethyl ester (P–17–102) ........................................................................................................................
21:28 Jul 31, 2018
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01AUR2
122894–73–9
583–02–8
577–62–8
19064–14–3
708–25–8
351354–50–2
351354–50–2
350–19–6
Federal Register / Vol. 83, No. 148 / Wednesday, August 1, 2018 / Rules and Regulations
37715
CHEMICAL NAMES AND CAS NUMBERS—Continued
Chemical name
sradovich on DSK3GMQ082PROD with RULES2
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
5-bromo-2-chloro-, ethyl ester (P–17–103) ..............................................................................................................
3-chloro-, ethyl ester (P–17–104 ..............................................................................................................................
2-chloro-, ethyl ester (P–17–105) .............................................................................................................................
3-chloro-4-fluoro-, ethyl ester (P–17–114) ................................................................................................................
4-bromo-2-fluoro-, ethyl ester (P–17–122) ...............................................................................................................
2-bromo-4,5-difluoro-, ethyl ester (P–17–123) .........................................................................................................
4-bromo-3-fluoro-, ethyl ester (P–17–124) ...............................................................................................................
3-bromo-4-fluoro-, ethyl ester (P–17–125) ...............................................................................................................
4-chloro-2-fluoro-, ethyl ester (P–17–126) ................................................................................................................
2,5-dichloro-, ethyl ester (P–17–127) .......................................................................................................................
4-chloro-3-fluoro-, ethyl ester (P–17–128) ................................................................................................................
2-chloro-4-fluoro-, ethyl ester (P–17–129) ................................................................................................................
5-chloro-2-fluoro-, ethyl ester (P–17–130) ................................................................................................................
2,4-difluoro-, ethyl ester (P–17–131) ........................................................................................................................
3,4-difluoro-, ethyl ester (P–17–132) ........................................................................................................................
3,4,5-trifluoro-, ethyl ester (P–17–133) .....................................................................................................................
2,4,5-trifluoro-, ethyl ester (P–17–134) .....................................................................................................................
3-(trifluoromethyl)-, ethyl ester (P–17–135) ..............................................................................................................
2,3-difluoro-, ethyl ester (P–17–136) ........................................................................................................................
2,6-dichloro-, ethyl ester (P–17–137) .......................................................................................................................
3,5-dichloro-, ethyl ester (P–17–138) .......................................................................................................................
2,4-dichloro-, ethyl ester (P–17–139) .......................................................................................................................
3,4-dichloro-, ethyl ester (P–17–140) .......................................................................................................................
Effective date of TSCA section 5(e)
Order: March 22, 2017.
Basis for TSCA section 5(e) Order:
The PMNs state that the substances are
for monitoring oil/gas well performance.
Based on test data on an analog, EPA
has identified concerns for
reproductive, developmental and neurotoxicity, as well as lung toxicity and
dermal irritation. Further, based on SAR
analysis of test data on analogous
neutral organics, EPA predicts toxicity
to aquatic organisms may occur at
concentrations that exceed 15 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 insufficient information to
make a reasoned evaluation and a
finding that the substances may present
an unreasonable risk of injury to human
health and the environment. EPA
assessed risks based on the specific
manufacturing, processing, use, process
equipment, engineering controls, and
handling practices (including worker
activities and cleaning procedures)
described in the PMNs. To protect
against these risks, the Order requires:
1. Submission of certain toxicity
testing on the PMN substances prior to
exceeding the production volume limit
as specified in the Order.
2. Use of personal protective
equipment including impervious gloves
(where there is a potential for dermal
exposure).
3. Use of a NIOSH-certified respirator
with an APF of at least 1,000 (where
there is a potential for inhalation
exposure) or compliance with a NCEL of
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0.0184 ppm as an 8-hour time-weighted
average.
4. Use of processes, process
equipment, engineering controls, and
handling practices specified in the
Order for manufacturing and processing.
5. Establishment and use of a hazard
communication program, including
human health precautionary statements
on each label and in the SDS.
6. No manufacture or process of the
PMN substances beyond a confidential
annual production volume specified in
the Order.
7. No release of the PMN substances
resulting in surface water
concentrations that exceed 15 ppb.
The SNUR will designate as a
‘‘significant new use’’ the absence of
these protective measures.
Potentially useful information: EPA
has determined that certain information
about the human health and aquatic
toxicity of the PMN substances may be
potentially useful to characterize the
effects of the PMN substances in
support of a request by the PMN
submitter to modify the Order, or if a
manufacturer or processor is
considering submitting a SNUN for a
significant new use that will be
designated by this SNUR. The submitter
has agreed not to exceed the
confidential production limit without
performing specific target organ toxicity
and reproductive/developmental
toxicity testing on P–17–127; specific
target organ toxicity testing on P–17–
101; and acute aquatic toxicity testing
on both P–17–101 and P–17–127.
CFR citations: 40 CFR 721.11055.
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76008–73–6
1128–76–3
7335–25–3
137521–81–4
474709–71–2
144267–97–0
1130165–74–0
23233–33–2
4793–20–8
35112–27–7
203573–08–4
167758–87–4
773139–56–3
108928–00–3
144267–96–9
495405–09–9
351354–41–1
76783–59–0
773134–65–9
81055–73–4
91085–56–2
56882–52–1
28394–58–3
PMN Number: P–17–198
Chemical name: Neodymium
aluminium alkyl polymer complexes
(generic).
CAS number: Not available.
Effective date of TSCA section 5(e)
Order: April 27, 2017.
Basis for TSCA section 5(e) Order:
The PMN states the generic (nonconfidential) use of the substance will
be as a catalyst in a closed process.
Based on physical/chemical properties
of the substance and test data on the
PMN substance, EPA has identified
concerns for dermal and respiratory
irritation, corrosion, developmental
toxicity, and lung effects. The Order was
issued under TSCA sections
5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I),
based on insufficient information to
make a reasoned evaluation and a
finding that the substance may present
an unreasonable risk of injury to human
health. To protect against these risks,
the Order requires:
1. Submission of glove permeation
testing on the PMN substance prior to
exceeding the production volume limit
as specified in the Order.
2. Use of personal protective
equipment including impervious gloves
(where there is a potential for dermal
exposure).
3. Establishment and use of a hazard
communication program, including
human health precautionary statements
on each label and in the SDS.
4. No domestic manufacture of the
PMN substance.
5. No use in any manner or method
where there is potential for inhalation
exposure.
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Federal Register / Vol. 83, No. 148 / Wednesday, August 1, 2018 / Rules and Regulations
6. Use of the PMN substance in a
closed system as specified in the PMN.
The SNUR will designate as a
‘‘significant new use’’ the absence of
these protective measure.
Potentially useful information: EPA
has determined that the results of glove
permeability testing will help
characterize the effectiveness of
protective measures to mitigate human
health risk of the PMN substance in
support of a request by the PMN
submitter to modify the Order, or if a
manufacturer or processor is
considering submitting a SNUN for a
significant new use that will be
designated by this SNUR. The submitter
has agreed not to manufacture beyond a
certain time period without performing
glove permeability testing.
CFR citation: 40 CFR 721.11056.
sradovich on DSK3GMQ082PROD with RULES2
PMN Numbers: P–17–272, P–17–273, P–
17–274, P–17–275, P–17–276 and P–17–
277
Chemical name: Fatty acid amide
alkyl amine salts (generic).
CAS numbers: Not available.
Effective date of TSCA section 5(e)
Order: August 4, 2017.
Basis for TSCA section 5(e) Order:
The PMNs state that the generic (nonconfidential) use of the substances will
be as a component in asphalt emulsion.
Based on SAR analysis of test data on
analogous substances, EPA has
identified concerns for dermal and
respiratory irritation, corrosion,
developmental toxicity, systemic effect,
sensitization and lung effects. The Order
was issued under TSCA sections
5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I),
based on insufficient information to
make a reasoned evaluation and a
finding that the substances may present
an unreasonable risk of injury to human
health and environment. To protect
against these risks, the Order requires:
1. Use of the PMN substances only for
the use specified in the Order.
2. Use of personal protective
equipment for workers exposed
dermally to the PMN substances
(including impervious gloves, chemical
goggles or equivalent eye protection and
clothing which covers any other
exposed areas of the arms and torso).
3. No modification of the
manufacture, process or use of the PMN
substances if it results in inhalation
exposure to vapor, dust, mist or aerosol.
4. Establishment and use of a hazard
communication program, including
human health precautionary statements
on each label and in the SDS.
5. No release of the PMN substances
into the waters of the United States.
VerDate Sep<11>2014
21:28 Jul 31, 2018
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The SNUR will designate as a
‘‘significant new use’’ the absence of
these protective measures.
Potentially useful information: EPA
has determined that certain information
about the human health and aquatic
toxicity of the PMN substances may be
potentially useful to characterize the
effects of the PMN substances in
support of a request by the PMN
submitter to modify the Order, or if a
manufacturer or processor is
considering submitting a SNUN for a
significant new use that will be
designated by this SNUR. EPA has
determined that the results of specific
target organ toxicity testing of the PMN
substances, and acute and chronic
aquatic toxicity testing of the PMN
substances may be potentially useful in
characterizing the health and
environmental effects of the PMN
substances. Although the Order does not
require these tests, the Order’s
restrictions on manufacture, processing
and distribution in commerce, will
remain in effect until the Order is
modified or revoked by EPA based on
submission of this or other information
that EPA determines is relevant and
needed to evaluate a modification
request.
CFR citations: 40 CFR 721.11057.
PMN Numbers: P–17–278, P–17–279 and
P–17–280
Chemical name: Fatty acid amide
alkyl amine salts (generic).
CAS numbers: Not available.
Effective date of TSCA section 5(e)
Order: August 4, 2017.
Basis for TSCA section 5(e) Order:
The PMNs state that the generic (nonconfidential) use of the substances will
be as a component in asphalt emulsion.
Based on SAR analysis of test data on
analogous substances, EPA has
identified concerns for irritation,
corrosion, developmental toxicity,
systemic effect, sensitization and lung
effects. The Order was issued under
TSCA sections 5(a)(3)(B)(ii)(I) and
5(e)(1)(A)(ii)(I), based on insufficient
information to make a reasoned
evaluation and a finding that the
substances may present an unreasonable
risk of injury to human health and
environment. To protect against these
risks, the Order requires:
1. Use of the PMN substances only for
the use specified in the Order.
2. Use of personal protective
equipment for workers exposed
dermally to the PMN substances
(including impervious gloves, chemical
goggles or equivalent eye protection and
clothing which covers any other
exposed areas of the arms and torso).
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3. No modification of the
manufacture, process or use of the PMN
substances if it results in inhalation
exposure to vapor, dust, mist or aerosol.
4. Establishment and use of a hazard
communication program, including
human health precautionary statements
on each label and in the SDS.
5. No release of the PMN substances
into the waters of the United States.
The SNUR will designate as a
‘‘significant new use’’ the absence of
these protective measures.
Potentially useful information: EPA
has determined that certain information
about the human health and aquatic
toxicity of the PMN substances may be
potentially useful to characterize the
effects of the PMN substances in
support of a request by the PMN
submitter to modify the Order, or if a
manufacturer or processor is
considering submitting a SNUN for a
significant new use that will be
designated by this SNUR. EPA has
determined that the results of specific
target organ toxicity testing and acute
and chronic aquatic toxicity testing of
the PMN substances may be potentially
useful in characterizing the health and
environmental effects of the PMN
substances. Although the Order does not
require these tests, the Order’s
restrictions on manufacture, processing
and distribution in commerce will
remain in effect until the Order is
modified or revoked by EPA based on
submission of this or other information
that EPA determines is relevant and
needed to evaluate a modification
request.
CFR citations: 40 CFR 721.11058.
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 145 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 SNURs identify as significant
new uses any manufacturing,
processing, use, distribution in
commerce, or disposal that does not
conform to the restrictions imposed by
the underlying Orders, consistent with
TSCA section 5(f)(4).
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B. Objectives
EPA is issuing these SNURs for
specific chemical substances which
have undergone premanufacture review
because the Agency wants to achieve
the following objectives with regard to
the significant new uses designated in
this rule:
• EPA will receive notice of any
person’s intent to manufacture or
process a listed chemical substance for
the described significant new use before
that activity begins.
• EPA will have an opportunity to
review and evaluate data submitted in a
SNUN before the notice submitter
begins manufacturing or processing a
listed chemical substance for the
described significant new use.
• EPA will be able to 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
described significant new use of the
chemical substance occurs.
• EPA will identify as significant new
uses any manufacturing, processing,
use, distribution in commerce, or
disposal that does not conform to the
restrictions imposed by the underlying
Orders, consistent with TSCA section
5(f)(4).
Issuance of a SNUR for a chemical
substance does not signify that the
chemical substance is listed on the
TSCA Chemical Substance Inventory
(TSCA Inventory). Guidance on how to
determine if a chemical substance is on
the TSCA Inventory is available on the
internet at https://www.epa.gov/opptintr/
existingchemicals/pubs/tscainventory/
index.html.
sradovich on DSK3GMQ082PROD with RULES2
VI. Direct Final Procedures
EPA is issuing these SNURs as a
direct final rule. The effective date of
this rule is October 1, 2018 without
further notice, unless EPA receives
written adverse comments before
August 31, 2018.
If EPA receives written adverse
comments on one or more of these
SNURs before August 31, 2018, EPA
will withdraw the relevant sections of
this direct final rule before its effective
date.
This rule establishes SNURs for a
number of chemical substances. Any
person who submits adverse 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
notice, and has taken such actions as are
required with that determination.
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 all of the chemical
substances, and the PMN submitters are
prohibited by the TSCA section 5(e)
consent orders from undertaking
activities which will be designated as
significant new uses. The identities of
38 of the 145 chemical substances
subject to this rule have been claimed as
confidential and EPA has received one
post-PMN bona fide submission (per
§§ 720.25 and 721.11) for a chemical
substance covered by this action. 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 August 1,
2018 (the date of public release of this
rule) as the cutoff date for determining
whether the new use is ongoing. 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 on occasion posting rules on
its website a week or more in advance
of Federal Register publication, this
objective could be thwarted even before
that publication.
Persons who begin commercial
manufacture or processing of the
chemical substances for a significant
new use identified as of that date will
have to cease any such activity upon the
effective date of the final rule. To
resume their activities, these persons
will have to first comply with all
applicable SNUR notification
requirements and wait until EPA has
conducted a review of the notice, made
an appropriate determination on the
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:
Development of test data is required
where the chemical substance subject to
the SNUR is also subject to a rule, order
or consent agreement under TSCA
section 4 (see TSCA section 5(b)(1)).
In the absence of a TSCA section 4
test rule 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 40 CFR
720.50). However, upon review of PMNs
and SNUNs, the Agency has the
authority to require appropriate testing.
Unit IV. lists potentially useful
information for all of the listed SNURs.
Descriptions of this information is
provided for informational purposes.
EPA strongly encourages persons, before
performing any testing, to consult with
the Agency pertaining to protocol
selection. Furthermore, pursuant to
TSCA section 4(h), which pertains to
reduction of testing in vertebrate
animals, EPA encourages consultation
with the Agency on the use of
alternative test methods and strategies
(also called New Approach
Methodologies, or NAMs), if available,
to generate the recommended test data.
EPA encourages dialog with Agency
representatives to help determine how
best the submitter can meet both the
data needs and the objective of TSCA
section 4(h). 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 certain of 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 specified tests that would
permit a reasoned evaluation of the
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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. The SNURs
contain the same production volume
limits as the TSCA section 5(e) consent
orders. Exceeding these production
limits is defined as a significant new
use. Persons who intend to exceed the
production limit must notify the Agency
by submitting a SNUN at least 90 days
in advance of commencement of nonexempt commercial manufacture or
processing.
Any request by EPA for the triggered
and pended testing described in the
Consent Orders was made based on
EPA’s consideration of available
screening-level data, if any, as well as
other available information on
appropriate testing for the PMN
substances. Further, any such testing
request on the part of EPA that includes
testing on vertebrates was made after
consideration of available toxicity
information, computational toxicology
and bioinformatics, and highthroughput screening methods and their
prediction models.
The potentially useful information
identified 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 or other information 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 generate useful
information.
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.
• 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
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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)
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 40
CFR 720.50. SNUNs must be submitted
on EPA Form No. 7710–25, generated
using e-PMN software, and submitted to
the Agency in accordance with the
procedures set forth in 40 CFR 720.40
and § 721.25. E–PMN software is
available electronically at https://
www.epa.gov/opptintr/newchems.
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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–
2017–0366.
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 and 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
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includes the time needed to review
instructions, search existing data
sources, gather and maintain the data
needed, and complete, review, and
submit the required SNUN.
Send any comments about the
accuracy of the burden estimate, and
any suggested methods for minimizing
respondent burden, including through
the use of automated collection
techniques, to the Director, Collection
Strategies Division, Office of
Environmental Information (2822T),
Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC
20460–0001. Please remember to
include the OMB control number in any
correspondence, but do not submit any
completed forms to this address.
C. Regulatory Flexibility Act (RFA)
On February 18, 2012, EPA certified
pursuant to RFA section 605(b) (5 U.S.C.
601 et seq.), that promulgation of a
SNUR does not have a significant
economic impact on a substantial
number of small entities where the
following are true:
1. A significant number of SNUNs
would not be submitted by small
entities in response to the SNUR.
2. The SNUR submitted by any small
entity would not cost significantly more
than $8,300.
A copy of that certification is
available in the docket for this action.
This action is within the scope of the
February 18, 2012 certification. Based
on the Economic Analysis discussed in
Unit XI. and EPA’s experience
promulgating SNURs (discussed in the
certification), EPA believes that the
following are true:
• A significant number of SNUNs
would not be submitted by small
entities in response to the SNUR.
• Submission of the SNUN would not
cost any small entity significantly more
than $8,300.
Therefore, the promulgation of the
SNUR would not have a significant
economic impact on a substantial
number of small entities.
requirements of UMRA sections 202,
203, 204, or 205 (2 U.S.C. 1501 et seq.).
E. Executive Order 13132
This action will not have a substantial
direct effect on States, on the
relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132, entitled
‘‘Federalism’’ (64 FR 43255, August 10,
1999).
F. Executive Order 13175
This action does not have Tribal
implications because it is not expected
to have substantial direct effects on
Indian Tribes. This action does not
significantly nor uniquely affect the
communities of Indian Tribal
governments, nor does it involve or
impose any requirements that affect
Indian Tribes. Accordingly, the
requirements of Executive Order 13175,
entitled ‘‘Consultation and Coordination
with Indian Tribal Governments’’ (65 FR
67249, November 9, 2000), do not apply
to this action.
G. Executive Order 13045
This action is not subject to Executive
Order 13045, entitled ‘‘Protection of
Children from Environmental Health
Risks and Safety Risks’’ (62 FR 19885,
April 23, 1997), because this is not an
economically significant regulatory
action as defined by Executive Order
12866, and this action does not address
environmental health or safety risks
disproportionately affecting children.
H. Executive Order 13211
This action is not subject to Executive
Order 13211, entitled ‘‘Actions
Concerning Regulations That
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.
sradovich on DSK3GMQ082PROD with RULES2
D. Unfunded Mandates Reform Act
(UMRA)
I. National Technology Transfer and
Advancement Act (NTTAA)
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
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.
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J. Executive Order 12898
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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 19, 2018.
Jeffery T. Morris,
Director, 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
*
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
PO 00000
Populations and Low-Income
Populations’’ (59 FR 7629, February 16,
1994).
*
*
*
*
Significant New Uses of Chemical
Substances
*
*
*
721.11024 .............................
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*
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OMB
control No.
40 CFR citation
721.11025
721.11026
721.11027
721.11028
721.11029
721.11030
721.11031
721.11032
721.11033
721.11034
721.11035
721.11036
721.11037
721.11038
721.11039
721.11040
721.11041
721.11042
721.11043
721.11044
721.11045
721.11046
721.11047
721.11048
721.11049
721.11050
721.11051
721.11052
721.11053
721.11054
721.11055
721.11056
721.11057
721.11058
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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
2070–0012
2070–0012
2070–0012
2070–0012
2070–0012
2070–0012
2070–0012
2070–0012
2070–0012
2070–0012
*
*
*
PART 721—[AMENDED]
3. The authority citation for part 721
continues to read as follows:
■
Authority: 15 U.S.C. 2604, 2607, and
2625(c).
4. Add § 721.11024 to subpart E to
read as follows:
■
sradovich on DSK3GMQ082PROD with RULES2
§ 721.11024 Polyphosphoric acids, 2[alkyl-1-oxo-2-propen-1-yl)oxy]ethyl esters,
compds. with N-(aminoiminomethyl)urea
(generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as polyphosphoric acids, 2[alkyl-1-oxo-2-propen-1-yl)oxy]ethyl
esters, compds. with N(aminoiminomethyl)urea (PMN P–14–
472) 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), (3), and (c).
(ii) Hazard communication.
Requirements as specified in § 721.72(a)
through (f), (g)(1)(i), (ii), (sensitization),
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(g)(2)(i), (v), (g)(3)(i), (ii), (g)(4)(i), 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(h), (q), and (y)(1).
It is a significant new use to have
manufacturing activities that result in
inhalation exposure.
(iv) Release to water. Requirements as
specified in § 721.90(a)(4), (b)(4), and
(c)(4) where N = 3.
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph.
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (i) and (k) are
applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of
certain notification requirements. The
provisions of § 721.185 apply to this
section.
(3) Determining whether a specific use
is subject to this section. The provisions
of § 721.1725(b)(1) apply to paragraph
(a)(2)(iii) of this section.
■ 5. Add § 721.11025 to subpart E to
read as follows:
§ 721.11025 Polyphosphoric acids, 2-[(2methyl-1-oxo-2-propen-1-yl)oxy]ethyl
esters, compds. with alkyl amino, polymers
with Bu acrylate, N(hydroxymethyl)propenamide and styrene
(generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as polyphosphoric acids, 2[(2-methyl-1-oxo-2-propen-1yl)oxy]ethyl esters, compds. with alkyl
amino, polymers with Bu acrylate, N(hydroxymethyl)propenamide and
styrene (PMN P–14–496) 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), (3), and (c).
(ii) Hazard communication.
Requirements as specified in
§ 721.72(a), through (f), (g)(1)(i), (ii),
(sensitization), (g)(2)(i), (v), (g)(3)(i), (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.
(iii) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80(k), (q) and (y)(1). It
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is a significant new use to have
manufacturing activities that result in
inhalation exposure.
(iv) Release to water. Requirements as
specified in § 721.90(a)(4), (b)(4), and
(c)(4) where N = 4.
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph.
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (i) and (k) are
applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of
certain notification requirements. The
provisions of § 721.185 apply to this
section.
(3) Determining whether a specific use
is subject to this section. The provisions
of § 721.1725(b)(1) apply to paragraph
(a)(2)(iii) of this section.
■ 6. Add § 721.11026 to subpart E to
read as follows:
§ 721.11026
oxide.
Bismuth bromide iodide
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified as
bismuth bromide iodide oxide (PMN P–
14–630, CAS No. 340181–06–8) 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 after
they have been reacted (cured).
(2) The significant new uses are:
(i) Protection in the workplace.
Requirements as specified in
§ 721.63(a)(4), when determining which
persons are reasonably likely to be
exposed as required for § 721.63(a)(4),
engineering control measures (e.g.,
enclosure or confinement of the
operation, general and local ventilation)
or administrative control measures (e.g.,
workplace policies and procedures)
shall be considered and implemented to
prevent exposure, where feasible,
(a)(5)(respirators must provide a
National Institute for Occupational
Safety and Health (NIOSH) assigned
protection factor (APF) of at least 10),
(a)(6)(i) (particulate), (b) (concentration
set at 1.0%), and (c).
(A) As an alternative to the respirator
requirements in paragraph (a)(2)(i) of
this section, a manufacturer or processor
may choose to follow the new chemical
exposure limit (NCEL) provision listed
in the TSCA section 5(e) Order for this
substance. The NCEL is 2.4 mg/m3 as an
8-hour time weighted average. Persons
who wish to pursue NCELs as an
alternative to § 721.63 respirator
requirements may request to do so
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under § 721.30. Persons whose § 721.30
requests to use the NCELs approach are
approved by EPA will be required to
follow NCELs provisions comparable to
those contained in the corresponding
TSCA section 5(e) Order.
(B) [Reserved]
(ii) Hazard communication.
Requirements as specified in § 721.72(a)
through (e) (concentration set at 1.0%),
(f), (g)(1)(ii), (g)(2)(ii), (use respiratory
protection or maintain workplace
airborne concentrations at or below an
8-hour time-weighted average of 2.4 mg/
m3), 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 vary or alter, the
manufacturing, processing, and use,
distribution/transportation, treatment
and disposal processes, process
equipment, engineering controls, and
handling practices (including worker
activities and cleaning procedures)
described in the PMN in such a way as
to change the magnitude of inhalation
exposure. It is a significant new use to
use the substance for a consumer
product that generates a dust, mist, or
aerosol.
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph.
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (d), and (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.
(3) Determining whether a specific use
is subject to this section. The provisions
of § 721.1725(b)(1) apply to paragraph
(a)(2)(iii) of this section.
■ 7. Add § 721.11027 to subpart E to
read as follows:
sradovich on DSK3GMQ082PROD with RULES2
§ 721.11027 Aluminum cobalt lithium
nickel oxide.
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified as
aluminum cobalt lithium nickel oxide
(PMN P–15–450, CAS No. 177997–13–6)
is subject to reporting under this section
for the significant new uses described in
paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Protection in the workplace.
Requirements as specified in
§ 721.63(a)(1), (3), (4), when
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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, (a)(5)
(respirators must provide a National
Institute for Occupational Safety and
Health (NIOSH) assigned protection
factor (APF) of at least 1,000), (a)(6)
(particulate) (b) (concentration set at
0.1%), and (c). It is a significant new use
to manufacture or process the substance
without the chemical transfer processes
and air ventilation processes described
in the PMN and the exposure
monitoring requirements described in
the Order.
(A) As an alternative to the respirator
requirements in paragraph (a)(2)(i) of
this section, a manufacturer or processor
may choose to follow the new chemical
exposure limit (NCEL) provision listed
in the TSCA section 5(e) Order for this
substance. The NCEL is 0.000092 mg/m3
as an 8-hour time weighted average.
Persons who wish to pursue NCELs as
an alternative to § 721.63 respirator
requirements may request to do so
under § 721.30. Persons whose § 721.30
requests to use the NCELs approach are
approved by EPA will be required to
follow NCELs provisions comparable to
those contained in the corresponding
TSCA section 5(e) Order.
(B) [Reserved]
(ii) Hazard communication.
Requirements as specified in § 721.72(a)
through (e) (concentration set 0.1%), (f),
(g)(1)(ii), (This substance may cause
damage to the lung, kidney, and spleen),
(g)(1)(vii), (g)(2)(i), (ii), (iii), (When
using this substance wear protective
gloves/protective clothing/eye
protection/face protection), the
following human health precautionary
statement must appear on the SDS as
specified in paragraph (a)(2)(ii): (When
using this substance use respiratory
protection or maintain workplace
airborne concentrations at or below an
8-hour time-weighted average of
0.000092 mg/m3), (g)(2)(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(p) (24 months and
6 years).
(iv) Disposal. Requirements as
specified in § 721.85(a)(2), (b)(2), and
(c)(2). It is a significant new use to
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release this chemical substance to air
unless using the chemical transfer and
air ventilation processes described in P–
15–0450 including filtering through a
high-efficiency particular air filter with
an efficiency rate of 99.99% before
release to air.
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph.
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (j) are applicable to
manufacturers and processors of this
substance.
(2) Limitations or revocation of
certain notification requirements. The
provisions of § 721.185 apply to this
section.
(3) Determining whether a specific use
is subject to this section. The provisions
of § 721.1725(b)(1) apply to paragraph
(a)(2)(iii) of this section.
■ 8. Add § 721.11028 to subpart E to
read as follows:
§ 721.11028
Alkylarylamine (generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as alkylarylamine (PMN P–
15–705) 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), (iii), (a)(3),
and (4), 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, (a)(5)
(respirators must provide a National
Institute for Occupational Safety and
Health (NIOSH) assigned protection
factor (APF) of at least 1,000),
(a)(6)(particulate), (a)(6)(v), (vi), (b)
(concentration set at 0.1%), and (c).
(A) As an alternative to the respirator
requirements in paragraph (a)(2)(i) of
this section, a manufacturer or processor
may choose to follow the new chemical
exposure limit (NCEL) provision listed
in the TSCA section 5(e) Order for this
substance. The NCEL is 0.48 mg/m3 as
an 8-hour time weighted average.
Persons who wish to pursue NCELs as
an alternative to § 721.63 respirator
requirements may request to do so
under § 721.30. Persons whose § 721.30
requests to use the NCELs approach are
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approved by EPA will be required to
follow NCELs provisions comparable to
those contained in the corresponding
TSCA section 5(e) Order.
(B) [Reserved]
(ii) Hazard communication.
Requirements as specified in § 721.72(a)
through (e) (concentration set at 0.1%),
(f), (g)(1)(i), (ii), (iv), (vi), (vii), (ix),
(g)(2)(i), (ii), (iii), (use respiratory
protection or maintain workplace
airborne concentrations at or below an
8-hour time-weighted average of 0.48
mg/m3), (g)(2)(v), (g)(3)(ii), (g)(4)(i), 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(o) and (q). It is a
significant new use to use the substance
other than as a chemical intermediate or
as an additive and octane booster in
aviation fuels.
(iv) Release to water. Requirements as
specified in § 721.90(a)(4), (b)(4), and
(c)(4) where N = 1.
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph.
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (i), and (k) are
applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of
certain notification requirements. The
provisions of § 721.185 apply to this
section.
(3) Determining whether a specific use
is subject to this section. The provisions
of § 721.1725(b)(1) apply to paragraph
(a)(2)(iii) of this section.
■ 9. Add § 721.11029 to subpart E to
read as follows:
sradovich on DSK3GMQ082PROD with RULES2
§ 721.11029 Aliphatic N-alkyl urea polymer
containing cyclohexyl groups and
trimethoxy silanes (generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as aliphatic N-alkyl urea
polymer containing cyclohexyl groups
and trimethoxy silanes (PMN P–15–706)
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 after
they have been reacted (cured).
(2) The significant new uses are:
(i) Protection in the workplace.
Requirements as specified in
§ 721.63(a)(1), (a)(2)(i),(iii), (iv), (a)(3)
and (4), when determining which
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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, (a)(5)
(respirators must provide a National
Institute for Occupational Safety and
Health (NIOSH) assigned protection
factor (APF) of at least 10), (a)(6)
(particulate), (a)(6)(v), (vi), (b)
(concentration set at 1.0%), and (c).
(A) As an alternative to the respirator
requirements in paragraph (a)(2)(i) of
this section, a manufacturer or processor
may choose to follow the new chemical
exposure limit (NCEL) provision listed
in the TSCA section 5(e) Order for this
substance. The NCEL is 0.9 mg/m3 as an
8-hour time weighted average. Persons
who wish to pursue NCELs as an
alternative to § 721.63 respirator
requirements may request to do so
under § 721.30. Persons whose § 721.30
requests to use the NCELs approach are
approved by EPA will be required to
follow NCELs provisions comparable to
those contained in the corresponding
TSCA section 5(e) Order.
(B) [Reserved]
(ii) Hazard communication.
Requirements as specified in § 721.72(a)
through (e) (concentration set at 1.0%),
(f), (g)(1)(ii), (ix), (g)(2)(i), (ii), (iii), (use
respiratory protection or maintain
workplace airborne concentrations at or
below an 8-hour time-weighted average
of 0.9 mg/m3), (g)(2)(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(k), (o), (p) (594,000
kilograms, P–15–706 and P–15–707
combined), and (t)(250,000 kilograms,
P–15–706 and P–15–707 combined). A
significant new use is any manufacture,
processing, or use of the PMN substance
with more than 0.1% residual
isocyanate by weight.
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph.
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (i) 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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(3) Determining whether a specific use
is subject to this section. The provisions
of § 721.1725(b)(1) apply to paragraph
(a)(2)(iii) of this section.
■ 10. Add § 721.11030 to subpart E to
read as follows:
§ 721.11030 Aliphatic N-alkyl urea polymer
containing aspartic ester groups and
trimethoxy silanes (generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as aliphatic N-alkyl urea
polymer containing aspartic ester
groups and trimethoxy silanes (PMN P–
15–707) 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 after they have been reacted
(cured).
(2) The significant new uses are:
(i) Protection in the workplace.
Requirements as specified in
§ 721.63(a)(1), (a)(2)(i), (iii), (iv), (a)(3),
(4), 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, (a)(5)
(respirators must provide a National
Institute for Occupational Safety and
Health (NIOSH) assigned protection
factor (APF) of at least 10), (a)(6)(i), (v),
(vi), (b) (concentration set at 1.0%), and
(c).
(A) As an alternative to the respirator
requirements in paragraph (a)(2)(i) of
this section, a manufacturer or processor
may choose to follow the new chemical
exposure limit (NCEL) provision listed
in the TSCA section 5(e) Order for this
substance. The NCEL is 0.9 mg/m3 as an
8-hour time weighted average. Persons
who wish to pursue NCELs as an
alternative to § 721.63 respirator
requirements may request to do so
under § 721.30. Persons whose § 721.30
requests to use the NCELs approach are
approved by EPA will be required to
follow NCELs provisions comparable to
those contained in the corresponding
TSCA section 5(e) Order.
(B) [Reserved]
(ii) Hazard communication.
Requirements as specified in § 721.72(a)
through (e) (concentration set at 1.0%),
(f), (g)(1)(ii), (g)(1)(ix), (g)(2)(i), (ii), (iii),
(use respiratory protection or maintain
workplace airborne concentrations at or
below an 8-hour time-weighted average
of 0.9 mg/m3), (g)(2)(v), and (g)(5).
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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(k), (o), (p) (594,000
kilograms, P–15–706 and P–15–707
combined), and (t) (250,000 kilograms,
P–15–706 and P–15–707 combined). A
significant new use is any manufacture,
processing, or use of the PMN substance
with more than 1% residual isocyanate
by weight.
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph.
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (i) are applicable to
manufacturers and processors of this
substance.
(2) Limitations or revocation of
certain notification requirements. The
provisions of § 721.185 apply to this
section.
(3) Determining whether a specific use
is subject to this section. The provisions
of § 721.1725(b)(1) apply to paragraph
(a)(2)(iii) of this section.
■ 11. Add § 721.11031 to subpart E to
read as follows:
sradovich on DSK3GMQ082PROD with RULES2
§ 721.11031 Alkyl heteromonocycle,
polymer with heteromonocycle,
carboxyalkyl alkyl ether (generic).
(a) Chemical substances and
significant new uses subject to reporting.
(1) The chemical substances identified
generically as alkyl heteromonocycle,
polymer with heteromonocycle,
carboxyalkyl alkyl ether (PMNs P–16–
273 and P–16–0274) are subject to
reporting under this section for the
significant new uses described in
paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Protection in the workplace.
Requirements as specified in
§ 721.63(a)(1), (a)(2)(i), (iii), (a)(3), (b)
(concentration set at 1.0%), and (c).
When determining which persons are
reasonably likely to be exposed as
required for § 721.63(a)(1), engineering
control measures (e.g., enclosure or
confinement of the operation, general
and local ventilation) or administrative
control measures (e.g., workplace
policies and procedures) shall be
considered and implemented to prevent
exposure, where feasible.
(ii) Hazard communication.
Requirements as specified in § 721.72(a)
through (e) (concentration set at 1.0%),
(f), (g)(1)(i), (ii), (dermal sensitization),
(g)(2)(i), (ii), (iii), and (v), (g)(3)(i), (ii),
(g)(4)(iii), and (g)(5). Alternative hazard
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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(f). It is a significant
new use to use the substances for the
uses specified in the Order, at a
concentration greater than 3% of the
metal working fluid, and use other than
the closed metal working systems as
specified in the PMNs with no
modifications in the process that would
result in worker inhalation exposure.
(iv) Release to water. Requirements as
specified in § 721.90(a)(4), (b)(4), and
(c)(4) where N = 10.
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph.
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (i), and (k) are
applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of
certain notification requirements. The
provisions of § 721.185 apply to this
section.
(3) Determining whether a specific use
is subject to this section. The provisions
of § 721.1725(b)(1) apply to paragraph
(a)(2)(iii) of this section.
■ 12. Add § 721.11032 to subpart E to
read as follows:
§ 721.11032 Benzene dicarboxylic acid,
polymer with alkane dioic acid and aliphatic
diamine (generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified as
generically as benzene dicarboxylic
acid, polymer with alkane dioic acid
and aliphatic diamine (PMN P–16–289)
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(k)(Manufacture
only in a form with a particle size
distribution where less than 1.0 percent
of the particles are less than 10 microns)
and (p) (six months).
(ii) [Reserved]
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph.
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (c), and (i) are
applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of
certain notification requirements. The
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provisions of § 721.185 apply to this
section.
■ 13. Add § 721.11033 to subpart E to
read as follows:
§ 721.11033 Manganese cyclic (tri)amine
chloride complex (generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as manganese cyclic
(tri)amine chloride complex (PMN P–
16–322) 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 after they have been reacted
(cured).
(2) The significant new uses are:
(i) Protection in the workplace.
Requirements as specified in
§ 721.63(a)(1), (3), (4), 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, (a)(5)
(respirators must provide a National
Institute for Occupational Safety and
Health (NIOSH) assigned protection
factor (APF) of at least 25), (a)(6)(i),
(particulate), (b) (concentration set at
1.0%), and (c).
(A) As an alternative to the respirator
requirements in paragraph (a)(2)(i) of
this section, a manufacturer or processor
may choose to follow the new chemical
exposure limit (NCEL) provision listed
in the TSCA section 5(e) Order for this
substance. The NCEL is 1.2 mg/m3 as an
8-hour time weighted average. Persons
who wish to pursue NCELs as an
alternative to § 721.63 respirator
requirements may request to do so
under § 721.30. Persons whose § 721.30
requests to use the NCELs approach are
approved by EPA will be required to
follow NCELs provisions comparable to
those contained in the corresponding
TSCA section 5(e) Order.
(B) [Reserved]
(ii) Hazard communication.
Requirements as specified in § 721.72(a)
through (e) (concentration set at 1.0%),
(f), (g)(1)(iv), (vi), (viii), (ix), (g)(2)(i), (ii),
(iii), (use respiratory protection or
maintain workplace airborne
concentrations at or below an 8-hour
time-weighted average of 1.2 mg/m3),
(v), (g)(3) (This substance may be toxic
to algae. This substance may be harmful
to invertebrates), (g)(4)(i), (ii), (do not
release to water to yield surface water
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concentrations above 18 ppb.), 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(f), (k), and (q).
(iv) Release to water. Requirements as
specified in § 721.90(a)(4), (b)(4), and
(c)(4) where N = 18.
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph.
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (i), and (k) are
applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of
certain notification requirements. The
provisions of § 721.185 apply to this
section.
(3) Determining whether a specific use
is subject to this section. The provisions
of § 721.1725(b)(1) apply to paragraph
(a)(2)(iii) of this section.
■ 14. Add § 721.11034 to subpart E to
read as follows:
sradovich on DSK3GMQ082PROD with RULES2
§ 721.11034 Xanthylium, (sulfoaryl)-bis
[(substituted aryl) amino]-, sulfo derivs.,
inner salts, metal salts (generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as xanthylium, (sulfoaryl)bis [(substituted aryl) amino]-, sulfo
derivs., inner salts, metal salts (PMN
P–16–338) 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), (k), and (t).
(ii) Release to water. Requirements as
specified in § 721.90(a)(1), (b)(1), and
(c)(1).
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph.
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a), (b), (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)(i) of this section.
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15. Add § 721.11035 to subpart E to
read as follows:
■
§ 721.11035 Substituted triazinyl metal
salt, diazotized, coupled with substituted
pyridobenzimidazolesulfonic acids,
substituted pyridobenzimidazolesulfonic
acids, diazotized substituted alkanesulfonic
acid, diazotized substituted aromatic
sulfonate, diazotized substituted aromatic
sulfonate, metal salts (generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as substituted triazinyl metal
salt, diazotized, coupled with
substituted
pyridobenzimidazolesulfonic acids,
substituted
pyridobenzimidazolesulfonic acids,
diazotized substituted alkanesulfonic
acid, diazotized substituted aromatic
sulfonate, diazotized substituted
aromatic sulfonate, metal salts (PMN P–
16–339) 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), (k), and (t).
(ii) Release to water. Requirements as
specified in § 721.90(a)(1), (b)(1), and
(c)(1).
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph.
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a), (b), (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)(i) of this section.
■ 16. Add § 721.11036 to subpart E to
read as follows:
§ 721.11036 Carbon black, (organic acidic
carbocyclic)-modified, inorganic salt
(generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as carbon black, (organic
acidic carbocyclic)-modified, inorganic
salt (PMN P–16–439) 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:
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(i) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80(f), (k), and (t).
(ii) Release to water. Requirements as
specified in § 721.90(a)(1), (b)(1), and
(c)(1).
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph.
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (c), (i), and (k) are
applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of
certain notification requirements. The
provisions of § 721.185 apply to this
section.
(3) Determining whether a specific use
is subject to this section. The provisions
of § 721.1725(b)(1) apply to paragraph
(a)(2)(i) of this section.
■ 17. Add § 721.11037 to subpart E to
read as follows:
§ 721.11037 Carbon black, (organic acidic
carbocyclic)-modified, metal salt (generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as carbon black, (organic
acidic carbocyclic)-modified, metal salt
(PMN P–16–440) 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), (k), and (t).
(ii) Release to water. Requirements as
specified in § 721.90(a)(1), (b)(1), and
(c)(1).
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph.
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (c), (i), and (k) are
applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of
certain notification requirements. The
provisions of § 721.185 apply to this
section.
(3) Determining whether a specific use
is subject to this section. The provisions
of § 721.1725(b)(1) apply to paragraph
(a)(2)(i) of this section.
■ 18. Add § 721.11038 to subpart E to
read as follows:
§ 721.11038 Polyaralkyl aryl ester of
methacrylic acid (generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified as
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generically as polyaralkyl aryl ester of
methacrylic acid (PMN P–16–350) is
subject to reporting under this section
for the significant new uses described in
paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Protection in the workplace.
Requirements as specified in
§ 721.63(a)(1), (a)(2)(i), (a)(3), when
determining which persons are
reasonably likely to be exposed as
required for § 721.63(a)(1), engineering
control measures (e.g., enclosure or
confinement of the operation, general
and local ventilation) or administrative
control measures (e.g., workplace
policies and procedures) shall be
considered and implemented to prevent
exposure, where feasible, and (c).
(ii) Hazard communication.
Requirements as specified in § 721.72(a)
through (d), (f), (g)(1)(i), (ii),
(sensitization), (mutagenicity); (g)(2)(i),
(ii), (iii), (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(k). It is a
significant new use to manufacture the
substance lower than the minimum
average molecular weight identified in
the Order and to contain more than the
maximum weight percent of low
molecular weight species below 1,000
daltons identified in the Order.
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph.
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) 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)(iii) of this section.
■ 19. Add § 721.11039 to subpart E to
read as follows:
sradovich on DSK3GMQ082PROD with RULES2
§ 721.11039 Phenol, 2-[[[3(octyloxy)propyl]imino]methyl]-.
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified as
phenol, 2-[[[3(octyloxy)propyl]imino]methyl]- (PMN
P–16–352, chemical A; CAS No.
1858221–49–4) is subject to reporting
under this section for the significant
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new uses described in paragraph (a)(2)
of this section.
(2) The significant new uses are:
(i) Protection in the workplace.
Requirements as specified in
§ 721.63(a)(1), (a)(2)(i), (a)(3), (a)(6)(v),
(vi), (particulate), (b) (concentration set
at 1.0%), and (c). When determining
which persons are reasonably likely to
be exposed as required for § 721.63(a)(1)
engineering control measures (e.g.,
enclosure or confinement of the
operation, general and local ventilation)
or administrative control measures (e.g.,
workplace policies and procedures)
shall be considered and implemented to
prevent exposure, where feasible.
(ii) Hazard communication.
Requirements as specified in § 721.72
(a) through (e) (concentration set at
1.0%), (f), (g)(1)(i), (iv), (vi), (ix),
(g)(2)(i), (v), (g)(3)(i), (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.
(iii) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80(f), (p) (10,500 and
13,000 kilograms, respectively, for the
total of this substance and the substance
subject to 721.11039), (t) (250 kilograms
for the total of this substance and the
substance subject to 721.11039), and
(y)(1).
(iv) Release to water. Requirements as
specified in § 721.90(a)(4), (b)(4), and
(c)(4) where N = 1.
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph.
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (i), and (k) are
applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of
certain notification requirements. The
provisions of § 721.185 apply to this
section.
■ 20. Add § 721.11040 to subpart E to
read as follows:
§ 721.11040 Phenol, 2-[[[3(decyloxy)propyl]imino]methyl]-.
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified as
phenol, 2-[[[3(decyloxy)propyl]imino]methyl]- (PMN
P–16–352, chemical B; CAS No.
1858221–50–7) 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:
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37725
(i) Protection in the workplace.
Requirements as specified in
§ 721.63(a)(1), (a)(2)(i), (a)(3), (a)(6)(v),
(vi), (particulate), (b) (concentration set
at 1.0%), and (c). When determining
which persons are reasonably likely to
be exposed as required for § 721.63(a)(1)
engineering control measures (e.g.,
enclosure or confinement of the
operation, general and local ventilation)
or administrative control measures (e.g.,
workplace policies and procedures)
shall be considered and implemented to
prevent exposure, where feasible.
(ii) Hazard communication.
Requirements as specified in § 721.72(a)
through (e) (concentration set at 1.0%),
(f), (g)(1)(i), (iv), (vi), (ix), (g)(2)(i), (v),
(g)(3)(i), (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.
(iii) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80(f), (p) (10,500 and
13,000 kilograms respectively for the
total of this substance and the substance
subject to § 721.9998), (t) (250 kilograms
for the total of this substance and the
substance subject to § 721.9998), and
(y)(1).
(iv) Release to water. Requirements as
specified in § 721.90(a)(4), (b)(4), and
(c)(4) where N = 1.
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph.
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (i), and (k) are
applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of
certain notification requirements. The
provisions of § 721.185 apply to this
section.
■ 21. Add § 721.11041 to subpart E to
read as follows:
§ 721.11041
Alkyl phenol (generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as alkyl phenol (PMN P–16–
358) 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), (iv), (a)(3),
when determining which persons are
reasonably likely to be exposed as
required for § 721.63(a)(1) engineering
control measures (e.g., enclosure or
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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, (b)
(concentration set at 1.0%), and (c).
(ii) Hazard communication.
Requirements as specified in § 721.72(a)
through (e) (concentration set at 1.0%),
(f), (g)(1)(ix), (g)(2)(i), (ii), (iii), (v),
(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(a) through (c), (g),
(q), (y)(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.
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (i), and (k) are
applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of
certain notification requirements. The
provisions of § 721.185 apply to this
section.
(3) Determining whether a specific use
is subject to this section. The provisions
of § 721.1725(b)(1) apply to paragraph
(a)(2)(iii) of this section.
■ 22. Add § 721.11042 to subpart E to
read as follows:
sradovich on DSK3GMQ082PROD with RULES2
§ 721.11042 Nitrile-butadiene-acrylate
terpolymers (generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as nitrile-butadiene-acrylate
terpolymers PMN P–16–364) 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%),
(f), (g)(1)(ii), (g)(2)(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(h), (k)
(Manufacture of the substance with a
particle size distribution where greater
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than 5.0 percent of the particles are less
than 10 microns).
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph.
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (c), and (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.
■ 23. Add § 721.11043 to subpart E to
read as follows:
§ 721.11043 Starch, polymer with 2propenoic acid, potassium salt, oxidized.
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified as
starch, polymer with 2-propenoic acid,
potassium salt, oxidized (PMN P–16–
399, CAS No. 1638117–09–5) is subject
to reporting under this section for the
significant new uses described in
paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Protection in the workplace.
Requirements as specified in
§ 721.63(a)(1), (6) (particulate), When
determining which persons are
reasonably likely to be exposed as
required for § 721.63(a)(1) engineering
control measures (e.g., enclosure or
confinement of the operation, general
and local ventilation) or administrative
control measures (e.g., workplace
policies and procedures) shall be
considered and implemented to prevent
exposure, where feasible, (b)
(concentration set at 1.0%), and (c).
(ii) Hazard communication.
Requirements as specified in
§ 721.72(a), (b), (c), (d), (e)
(concentration set 1.0%), (f), (g)(1)(ii),
(g)(2)(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.
(iii) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80(k) (Manufacture of
the substance with a particulate size less
than 30 microns) and (p) (12 months).
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph.
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (d), and (f) through
(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.
■ 24. Add § 721.11044 to subpart E to
read as follows:
§ 721.11044
Pentanedioic acid, 2-methyl-.
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified as
pentanedioic acid, 2-methyl- (PMN P–
16–430, CAS No. 617–62–9) 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), (a)(2)(i), (a)(3), (4), 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, (a)(5)
(respirators must provide a National
Institute for Occupational Safety and
Health (NIOSH) assigned protection
factor (APF) of at least 10), (a)(6)(i), (v),
(vi), (b) (concentration set at 1.0%), and
(c).
(ii) Hazard communication.
Requirements as specified in § 721.72(a)
through (e) (concentration set at 1.0%),
(f), (g)(1)(i), (ii), (vi), (g)(2)(i), (ii), (iii),
(iv), (v), (g)(3)(i), (ii), (g)(4)(i), 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(f) and (k) (import
of the substance at or below the
maximum concentration specified in the
Order).
(iv) Release to water. Requirements as
specified in § 721.90(a)(4), (b)(4), and
(c)(4) where N = 14.
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph.
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (i), and (k) are
applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of
certain notification requirements. The
provisions of § 721.185 apply to this
section.
(3) Determining whether a specific use
is subject to this section. The provisions
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■
§ 721.11045 2-Pentanol, 4-methyl-, reaction
products with phosphorus oxide (P2O5),
compounds with alkylamine (generic).
sradovich on DSK3GMQ082PROD with RULES2
of § 721.1725(b)(1) apply to paragraph
(a)(2)(iii) of this section.
■ 25. Add § 721.11045 to subpart E to
read as follows:
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as hydroxy alkylbiphenyl
(PMN P–16–513) 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), (3), (4), 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, (a)(5)
(respirators must provide a National
Institute for Occupational Safety and
Health (NIOSH) assigned protection
factor (APF) of at least 50), (a)(6)(i), (v),
(vi), (b) (concentration set at 1.0%), and
(c).
(ii) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80(g) and (q).
(iii) Release to water. Requirements as
specified in § 721.90(a)(4), (b)(4), and
(c)(4) where N = 17.
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph.
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (e), (i), and (k) are
applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of
certain notification requirements. The
provisions of § 721.185 apply to this
section.
(3) Determining whether a specific use
is subject to this section. The provisions
of § 721.1725(b)(1) apply to paragraph
(a)(2)(ii) of this section.
■ 27. Add § 721.11047 to subpart E to
read as follows:
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified as
generically as 2-pentanol, 4-methyl-,
reaction products with phosphorus
oxide (P2O5), compounds with
alkylamine (PMN P–16–495) 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), (3), when determining
which persons are reasonably likely to
be exposed as required for § 721.63(a)(1)
engineering control measures (e.g.,
enclosure or confinement of the
operation, general and local ventilation)
or administrative control measures (e.g.,
workplace policies and procedures)
shall be considered and implemented to
prevent exposure, where feasible, (a)(6)
(particulate), (b) (concentration set at
1.0%), and (c).
(ii) Hazard communication.
Requirements as specified in § 721.72(a)
through (e) (concentration set at 1.0%),
(f), (g)(1)(i), (ii), (iv), (g)(2)(i), (ii), (v),
(g)(3)(i), (ii), (g)(4)(i), 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) and (y)(1). A
significant new use is any manner or
method of manufacturing that results in
inhalation exposure.
(iv) Release to water. Requirements as
specified in § 721.90(a)(4), (b)(4), and
(c)(4) where N = 200.
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph.
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (i), and (k) are
applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of
certain notification requirements. The
provisions of § 721.185 apply to this
section.
(3) Determining whether a specific use
is subject to this section. The provisions
of § 721.1725(b)(1) apply to paragraph
(a)(2)(iii) of this section.
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26. Add § 721.11046 to subpart E to
read as follows:
§ 721.11046
(generic).
Hydroxy alkylbiphenyl
§ 721.11047 Alkyl alkenoic acid, polymer
with alkenylcarbomonocycle telomer with
substituted alkanoic acid hydroxyl alkyl
substituted alkenyl substituted alkyl ester,
polyalkylene glycol alkyl ether alkyl
alkenoate, dialkylene glycol
diheteromonocyclic ether and
alkylcarbomonocyclic alkenoate, metal salt
(generic).
(a) Chemical substance and
significant new uses subject to reporting.
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(1) The chemical substance identified
generically as alkyl alkenoic acid,
polymer with alkenylcarbomonocycle
telomer with substituted alkanoic acid
hydroxyl alkyl substituted alkenyl
substituted alkyl ester, polyalkylene
glycol alkyl ether alkyl alkenoate,
dialkylene glycol diheteromonocyclic
ether and alkylcarbomonocyclic
alkenoate, metal salt (PMN P–16–534) is
subject to reporting under this section
for the significant new uses described in
paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80(f) and (k). It is a
significant new use to manufacture the
substance such that the lowest number
average molecular weight is less than
1,800 daltons and the carboxylic acid
content exceeds 20 percent).
(ii) [Reserved]
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph.
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (c), and (i) are
applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of
certain notification requirements. The
provisions of § 721.185 apply to this
section.
(3) Determining whether a specific use
is subject to this section. The provisions
of § 721.1725(b)(1) apply to paragraph
(a)(2)(iii) of this section.
■ 28. Add § 721.11048 to subpart E to
read as follows:
§ 721.11048 Alkyl alkenoic acid, polymer
with alkenylcarbomonocycle telomer with
substituted alkanoic acid hydroxyl alkyl
substituted alkenyl substituted alkyl ester,
alkanediol diheteromonocyclic ether,
polyalkylene glycol alkyl ether alkyl
alkenoate and alkylcarbomonocyclic
alkenoate, metal salt (generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as alkyl alkenoic acid,
polymer with alkenylcarbomonocycle
telomer with substituted alkanoic acid
hydroxyl alkyl substituted alkenyl
substituted alkyl ester, alkanediol
diheteromonocyclic ether, polyalkylene
glycol alkyl ether alkyl alkenoate and
alkylcarbomonocyclic alkenoate, metal
salt (PMN P–16–535) 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
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01AUR2
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Federal Register / Vol. 83, No. 148 / Wednesday, August 1, 2018 / Rules and Regulations
specified in § 721.80(f) and (k). It is a
significant new use to manufacture the
substance such that the lowest number
average molecular weight is less than
1,800 daltons and the carboxylic acid
content exceeds 20 percent).
(ii) [Reserved]
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph.
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (c), and (i) are
applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of
certain notification requirements. The
provisions of § 721.185 apply to this
section.
(3) Determining whether a specific use
is subject to this section. The provisions
of § 721.1725(b)(1) apply to paragraph
(a)(2)(iii) of this section.
29. Add § 721.11049 to subpart E to
read as follows:
■
§ 721.11049 Alkyl alkenoic acid, polymer
with bis heteromonocyclic substituted alkyl
carbomonocycle, alkenylcarbomonocycle
telomer with substituted alkanoic acid
hydroxyl alkyl substituted alkenyl
substituted alkyl ester, polyalkylene glycol
alkyl ether alkyl alkenoate and
alkylcarbomonocyclic alkenoate, metal salt
(generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as alkyl alkenoic acid,
polymer with bis heteromonocyclic
substituted alkyl carbomonocycle,
alkenylcarbomonocycle telomer with
substituted alkanoic acid hydroxyl alkyl
substituted alkenyl substituted alkyl
ester, polyalkylene glycol alkyl ether
alkyl alkenoate and
alkylcarbomonocyclic alkenoate, metal
salt (PMN P–16–536) 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) and (k.) It is a
significant new use to manufacture the
substance such that the lowest number
average molecular weight is less than
1,800 daltons, and the carboxylic acid
content exceeds 20 percent).
(ii) [Reserved]
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph.
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (c), and (i) are
applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of
certain notification requirements. The
provisions of § 721.185 apply to this
section.
(3) Determining whether a specific use
is subject to this section. The provisions
of § 721.1725(b)(1) apply to paragraph
(a)(2)(iii) of this section.
30. Add § 721.11050 to subpart E to
read as follows:
■
§ 721.11050 Certain functionalized
methacrylate-substituted polymers.
(a)(1) The chemical substances listed
in the Table of this section 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 substances
after they have been reacted (cured).
TABLE—FUNCTIONALIZED METHACRYLATE-SUBSTITUTED POLYMERS
PMN No.
sradovich on DSK3GMQ082PROD with RULES2
P–16–549
P–16–550
P–16–551
P–16–553
P–16–555
P–16–556
P–16–557
P–16–558
P–16–560
P–16–561
P–16–562
P–16–563
P–16–564
P–16–565
P–16–567
Chemical name
...........................................................................
...........................................................................
...........................................................................
...........................................................................
...........................................................................
...........................................................................
...........................................................................
...........................................................................
...........................................................................
...........................................................................
...........................................................................
...........................................................................
...........................................................................
...........................................................................
...........................................................................
(2) The significant new uses are:
(i) Protection in the workplace.
Requirements as specified in
§ 721.63(a)(1), (a)(2)(i), (iii), (a)(3), when
determining which persons are
reasonably likely to be exposed as
required for § 721.63(a)(1) engineering
control measures (e.g., enclosure or
confinement of the operation, general
and local ventilation) or administrative
control measures (e.g., workplace
policies and procedures) shall be
considered and implemented to prevent
exposure, where feasible, (a)(6)
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Alkaline functionalized methacrylate-substituted polymer (generic).
Alkaline functionalized methacrylate-substituted polymer (generic).
Alkaline functionalized methacrylate-substituted polymer (generic).
Quatenary alkylamine functionalized methacrylate-substituted polymer (generic).
Neutral alcohol functionalized methacrylate-substituted polymer (generic).
Neutral alcohol functionalized methacrylate-substituted polymer (generic).
Neutral alkyl salt functionalized methacrylate-substituted polymer (generic).
Neutral alkyl salt functionalized methacrylate-substituted polymer (generic).
Neutral alkyl salt functionalized methacrylate-substituted polymer (generic).
Acid functionalized methacrylate-substituted polymer (generic).
Acid functionalized methacrylate-substituted polymer (generic).
Acid functionalized methacrylate-substituted polymer (generic).
Acid functionalized methacrylate-substituted polymer (generic).
Acid functionalized methacrylate-substituted polymer (generic).
Alkylamine functionalized methacrylate-substituted polymer (generic).
(particulate), (b) (concentration set at
1.0%), and (c).
(ii) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80(f) and (k)
(crosslinked resin used for
chromatographic separation of
biomolecules and biocatalysts). It is a
significant new use to import the
substance in any form other than
spherical beads with 0.1 percent less
than 10 microns
(b) Specific requirements. The
provisions of subpart A of this part
PO 00000
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Fmt 4701
Sfmt 4700
apply to this section except as modified
by this paragraph.
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (e), and (i) are
applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of
certain notification requirements. The
provisions of § 721.185 apply to this
section.
31. Add § 721.11051 to subpart E to
read as follows:
■
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Federal Register / Vol. 83, No. 148 / Wednesday, August 1, 2018 / Rules and Regulations
§ 721.11051 Waste plastics, poly(ethylene
terephthalate), depolymd. with
polypropylene glycol ether with glycerol
(3:1), polymers with alkenoic and alkanoic
acids (generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as waste plastics,
poly(ethylene terephthalate), depolymd.
with polypropylene glycol ether with
glycerol (3:1), polymers with alkenoic
and alkanoic acids (PMN P–16–579) is
subject to reporting under this section
for the significant new uses described in
paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Protection in the workplace.
Requirements as specified in
§ 721.63(a)(1), (a)(2)(i), (a)(3), (4),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, (a)(5)
(respirators must provide a National
Institute for Occupational Safety and
Health (NIOSH) assigned protection
factor (APF) of at least 50), (a)(6)
(particulate), (b) (concentration set
1.0%), and (c).
(ii) Hazard communication.
Requirements as specified in § 721.72(a)
through (e) (concentration set at 1.0%),
(f), (g)(1) (This substance may cause
respiratory and dermal irritation). (This
substance may cause irritation of the
mucous membranes). (This substance
may cause respiratory and dermal
sensitization). (This substance may
cause mutagenicity), (g)(2)(i), (ii), (iii),
(iv), (v), (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(k) (an ultraviolet
curable coating resin). It is a significant
new use to manufacture the substance
with an average molecular weight less
than 1,100 Daltons.
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph.
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (i) are applicable to
manufacturers and processors of this
substance.
(2) Limitations or revocation of
certain notification requirements. The
provisions of § 721.185 apply to this
section.
■ 32. Add § 721.11052 to subpart E to
read as follows:
§ 721.11052
acid.
1,3,5-Naphthalenetrisulfonic
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified as
1,3,5-naphthalenetrisulfonic acid (PMN
P–17–32, CAS No. 6654–64–4) is subject
to reporting under this section for the
significant new uses described in
paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Protection in the workplace.
Requirements as specified in
§ 721.63(a)(1), (a)(2)(i), (iv), (a)(3), (4),
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)
37729
shall be considered and implemented to
prevent exposure, where feasible, (a)(5)
(respirators must provide a National
Institute for Occupational Safety and
Health (NIOSH) assigned protection
factor of at least 50, (a)(6)(v), (vi),
(particulate), (b) (concentration set at
1.0%), and (c).
(ii) Hazard communication.
Requirements as specified in § 721.72(a)
through (e) (concentration set at 1.0%),
(f), (g)(1)(i), (ii), (iv), (ix), (g)(2)(i), (ii),
(iii), (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(q) and (t).
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph.
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (i) are applicable to
manufacturers and processors of this
substance.
(2) Limitations or revocation of
certain notification requirements. The
provisions of § 721.185 apply to this
section.
(3) Determining whether a specific use
is subject to this section. The provisions
of § 721.1725(b)(1) apply to paragraph
(a)(2)(iii) of this section.
■ 33. Add § 721.11053 to subpart E to
read as follows:
§ 721.11053 Certain halogenated sodium
benzoate salts.
(a)(1) The chemical substances listed
in the Table of this section is subject to
reporting under this section for the
significant new uses described in
paragraph (a)(2) of this section.
TABLE—HALOGENATED SODIUM BENZOATE SALTS
sradovich on DSK3GMQ082PROD with RULES2
PMN No.
P–17–33
P–17–34
P–17–36
P–17–38
P–17–39
P–17–41
P–17–42
P–17–43
P–17–45
P–17–47
P–17–50
P–17–52
P–17–55
P–17–57
P–17–59
P–17–61
P–17–62
P–17–63
CAS No.
..............................................................................
..............................................................................
..............................................................................
..............................................................................
..............................................................................
..............................................................................
..............................................................................
..............................................................................
..............................................................................
..............................................................................
..............................................................................
..............................................................................
..............................................................................
..............................................................................
..............................................................................
..............................................................................
..............................................................................
..............................................................................
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Frm 00029
Chemical name
6654–64–4
499–90–1
67852–79–3
2966–44–1
25832–58–0
522651–42–9
499–57–0
6185–28–0
530141–39–0
1765–08–8
522651–44–1
1180493–12–2
402955–41–3
522651–48–5
1604819–08–0
69226–41–1
17264–74–3
3686–66–6
Fmt 4701
Sfmt 4700
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
2-fluoro-, sodium salt (1:1).
4-fluoro-, sodium salt (1:1).
2,3,4,5-tetrafluoro-, sodium salt (1:1).
2-(trifluoromethyl)-, sodium salt (1:1).
4-(trifluoromethyl)-, sodium salt (1:1).
2,5-difluoro-, sodium salt (1:1).
3-fluoro-, sodium salt (1:1).
2,6-difluoro-, sodium salt (1:1).
3,5-difluoro-, sodium salt (1:1).
2,4-difluoro-, sodium salt (1:1).
3,4-difluoro-, sodium salt (1:1).
3,4,5-trifluoro-, sodium salt (1:1).
2,3,4-trifluoro-, sodium salt (1:1).
2,4,5-trifluoro-, sodium salt (1:1).
2,3-difluoro-, sodium salt (1:1).
3-(trifluoromethyl)-, sodium salt (1:1).
2-chloro-, sodium salt (1:1).
4-chloro-, sodium salt (1:1).
E:\FR\FM\01AUR2.SGM
01AUR2
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Federal Register / Vol. 83, No. 148 / Wednesday, August 1, 2018 / Rules and Regulations
TABLE—HALOGENATED SODIUM BENZOATE SALTS—Continued
PMN No.
P–17–64
P–17–66
P–17–67
P–17–69
P–17–71
P–17–72
P–17–73
P–17–75
P–17–76
P–17–79
P–17–80
P–17–83
P–17–85
P–17–87
P–17–90
P–17–91
P–17–93
CAS No.
..............................................................................
..............................................................................
..............................................................................
..............................................................................
..............................................................................
..............................................................................
..............................................................................
..............................................................................
..............................................................................
..............................................................................
..............................................................................
..............................................................................
..............................................................................
..............................................................................
..............................................................................
..............................................................................
..............................................................................
(2) The significant new uses are:
(i) Protection in the workplace.
Requirements as specified in
§ 721.63(a)(1), (2)(i), (iv), (a)(3), when
determining which persons are
reasonably likely to be exposed as
required for § 721.63(a)(4), engineering
control measures (e.g., enclosure or
confinement of the operation, general
and local ventilation) or administrative
control measures (e.g., workplace
policies and procedures) shall be
considered and implemented to prevent
exposure, where feasible, (a)(5)
(respirators must provide a National
Institute for Occupational Safety and
Health (NIOSH) assigned protection
factor of at least 50), (a)(6) (particulate),
(a)(6)(v), (vi), (b) (concentration set at
1.0%), and (c).
(A) As an alternative to the respirator
requirements in paragraph (a)(2)(i) of
this section, a manufacturer or processor
may choose to follow the new chemical
exposure limit (NCEL) provision listed
in the TSCA section 5(e) Order for this
substance. The NCEL is 0.0184 mg/m3
as an 8-hour time weighted average.
Persons who wish to pursue NCELs as
Chemical name
17264–88–9
118537–84–1
63891–98–5
154862–40–5
10007–84–8
17274–10–1
38402–11–8
855471–43–1
1421761–18–3
1382106–78–6
1421029–88–0
1382106–64–0
1938142–12–1
938142–13–2
1938142–14–3
1938142–15–4
1535169–81–3
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
an alternative to § 721.63 respirator
requirements may request to do so
under § 721.30. Persons whose § 721.30
requests to use the NCELs approach are
approved by EPA will be required to
follow NCELs provisions comparable to
those contained in the corresponding
TSCA section 5(e) Order.
(B) [Reserved]
(ii) Hazard communication.
Requirements as specified in § 721.72(a)
through (e) (concentration set at 1.0%),
(f), (g)(1)(i), (ii), (iii), (iv), (vi), (ix),
(g)(2)(i), (ii), (iii), (use respiratory
protection or maintain workplace
airborne concentrations at or below an
8-hour time-weighted average of 0.0184
mg/m3), (g)(2)(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(k), (q) and (t). It is
a significant new use to manufacture or
process the substances other than for the
processes described in the Order.
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
3-chloro-, sodium salt (1:1).
2,3-dichloro-, sodium salt (1:1).
2,5-dichloro-, sodium salt (1:1).
3,5-dichloro-, sodium salt (1:1).
2,6-dichloro-, sodium salt (1:1).
3,4-dichloro-, sodium salt (1:1).
2,4-dichloro-, sodium salt (1:1).
2-chloro-4-fluoro-, sodium salt.
3-chloro-4-fluoro-, sodium salt.
5-chloro-2-fluoro-, sodium salt.
4-chloro-3-fluoro-, sodium salt.
4-chloro-2-fluoro-, sodium salt.
5-bromo-2-chloro-, sodium salt.
3-bromo-4-fluoro-, sodium salt.
2-bromo-5-fluoro-, sodium salt.
4-bromo-2-fluoro-, sodium salt.
4-bromo-3-fluoro-, sodium salt.
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph.
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (i) and (k) are
applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of
certain notification requirements. The
provisions of § 721.185 apply to this
section.
(3) Determining whether a specific use
is subject to this section. The provisions
of § 721.1725(b)(1) apply to paragraph
(a)(2)(iii) of this section.
34. Add § 721.11054 to subpart E to
read as follows:
■
§ 721.11054
acids
Certain halogenated benzoic
(a) The chemical substances listed in
the Table of this section is subject to
reporting under this section for the
significant new uses described in
paragraph (a)(2) of this section.
TABLE—HALOGENATED BENZOIC ACIDS
sradovich on DSK3GMQ082PROD with RULES2
PMN No.
P–17–35
P–17–37
P–17–40
P–17–44
P–17–46
P–17–48
P–17–51
P–17–53
P–17–54
P–17–56
P–17–58
P–17–60
P–17–65
P–17–68
P–17–70
CAS No.
..............................................................................
..............................................................................
..............................................................................
..............................................................................
..............................................................................
..............................................................................
..............................................................................
..............................................................................
..............................................................................
..............................................................................
..............................................................................
..............................................................................
..............................................................................
..............................................................................
..............................................................................
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Chemical name
1201–31–6
433–97–6
2991–28–8
385–00–2
455–40–3
1583–58–0
455–86–7
121602–93–5
61079–72–9
446–17–3
4519–39–5
454–92–2
50–45–3
51–36–5
50–30–6
Fmt 4701
Sfmt 4700
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
2,3,4,5-tetrafluoro-.
2-(trifluoromethyl)-.
2,5-difluoro-.
2,6-difluoro-.
3,5-difluoro-.
2,4-difluoro-.
3,4-difluoro-.
3,4,5-trifluoro-.
2,3,4-trifluoro-.
2,4,5-trifluoro-.
2,3-difluoro-.
3-(trifluoromethyl)-.
2,3-dichloro-.
3,5-dichloro-.
2,6-dichloro-.
E:\FR\FM\01AUR2.SGM
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Federal Register / Vol. 83, No. 148 / Wednesday, August 1, 2018 / Rules and Regulations
37731
TABLE—HALOGENATED BENZOIC ACIDS—Continued
PMN No.
P–17–74
P–17–77
P–17–78
P–17–81
P–17–82
P–17–84
P–17–88
P–17–89
P–17–92
P–17–97
CAS No.
..............................................................................
..............................................................................
..............................................................................
..............................................................................
..............................................................................
..............................................................................
..............................................................................
..............................................................................
..............................................................................
..............................................................................
(2) The significant new uses are:
(i) Protection in the workplace.
Requirements as specified in
§ 721.63(a)(1), (a)(2)(i), (v), (a)(3), (4),
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, (a)(5)
(respirators must provide a National
Institute for Occupational Safety and
Health (NIOSH) assigned protection
factor of at least 50, (a)(6) (particulate),
(a)(6)(v), (vi), (b) (concentration set at
1.0%), and (c).
(A) As an alternative to the respirator
requirements in paragraph (a)(2)(i) of
this section, a manufacturer or processor
may choose to follow the new chemical
exposure limit (NCEL) provision listed
in the TSCA section 5(e) Order for this
substance. The NCEL is 0.0184 mg/m3
as an 8-hour time weighted average.
Persons who wish to pursue NCELs as
Chemical name
2252–51–9
394–30–9
403–16–7
403–17–8
446–30–0
21739–92–4
11007–16–5
394–28–5
153556–42–4
112704–79–7
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
an alternative to § 721.63 respirator
requirements may request to do so
under § 721.30. Persons whose § 721.30
requests to use the NCELs approach are
approved by EPA will be required to
follow NCELs provisions comparable to
those contained in the corresponding
TSCA section 5(e) Order.
(B) [Reserved]
(ii) Hazard communication.
Requirements as specified in § 721.72(a)
through (e) (concentration set at 1.0%),
(f), (g)(1)(i), (ii), (iii), (iv), (vi), (ix),
(g)(2)(i), (ii), (iii), (use respiratory
protection or maintain workplace
airborne concentrations at or below an
8-hour time-weighted average of 0.0184
mg/m3), (g)(2)(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(q) and (t). It is a
significant new use to manufacture or
process the substances other than for the
processes described in the Order.
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
2-chloro-4-fluoro-.
5-chloro-2-fluoro-.
3-chloro-4-fluoro-.
4-chloro-3-fluoro-.
4-chloro-2-fluoro-.
5-bromo-2-chloro-.
3-bromo-4-fluoro-.
2-bromo-5-fluoro-.
4-bromo-3-fluoro-.
4-bromo-2-fluoro-.
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph.
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (i) and (k) are
applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of
certain notification requirements. The
provisions of § 721.185 apply to this
section.
(3) Determining whether a specific use
is subject to this section. The provisions
of § 721.1725(b)(1) apply to paragraph
(a)(2)(iii) of this section.
35. Add § 721.11055 to subpart E to
read as follows:
■
§ 721.11055 Certain halogenated benzoic
acids ethyl esters.
(a) The chemical substances listed in
the Table of this section is subject to
reporting under this section for the
significant new uses described in
paragraph (a)(2) of this section.
TABLE—HALOGENATED BENZOIC ACID ETHYL ESTERS
sradovich on DSK3GMQ082PROD with RULES2
PMN No.
CAS No.
P–17–94 ..............................................................................
P–17–95 ..............................................................................
P–17–96 ..............................................................................
P–17–98 ..............................................................................
P–17–99 ..............................................................................
P–17–100 ............................................................................
P–17–101 ............................................................................
P–17–102 ............................................................................
P–17–103 ............................................................................
P–17–104 ............................................................................
P–17–105 ............................................................................
P–17–114 ............................................................................
P–17–122 ............................................................................
P–17–123 ............................................................................
P–17–124 ............................................................................
P–17–125 ............................................................................
P–17–126 ............................................................................
P–17–127 ............................................................................
P–17–128 ............................................................................
P–17–129 ............................................................................
P–17–130 ............................................................................
P–17–131 ............................................................................
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Frm 00031
Chemical name
122894–73–9
583–02–8
577–62–8
19064–14–3
708–25–8
351354–50–2
351354–50–2
350–19–6
76008–73–6
1128–76–3
7335–25–3
137521–81–4
474709–71–2
144267–97–0
1130165–74–0
23233–33–2
4793–20–8
35112–27–7
203573–08–4
167758–87–4
773139–56–3
108928–00–3
Fmt 4701
Sfmt 4700
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
2,3,4,5-tetrafluoro-, ethyl ester.
4-(trifluoromethyl)-, ethyl ester.
2-(trifluoromethyl)-, ethyl ester.
2,6-difluoro-, ethyl ester.
2,5-difluoro-, ethyl ester.
2,3,4-trifluoro-, ethyl ester.
2-bromo-5-fluoro-, ethyl ester.
3,5-difluoro-, ethyl ester.
5-bromo-2-chloro-, ethyl ester.
3-chloro-, ethyl ester.
2-chloro-, ethyl ester.
3-chloro-4-fluoro-, ethyl ester.
4-bromo-2-fluoro-, ethyl ester.
2-bromo-4,5-difluoro-, ethyl ester.
4-bromo-3-fluoro-, ethyl ester.
3-bromo-4-fluoro-, ethyl ester.
4-chloro-2-fluoro-, ethyl ester.
2,5-dichloro-, ethyl ester.
4-chloro-3-fluoro-, ethyl ester.
2-chloro-4-fluoro-, ethyl ester.
5-chloro-2-fluoro-, ethyl ester.
2,4-difluoro-, ethyl ester.
E:\FR\FM\01AUR2.SGM
01AUR2
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Federal Register / Vol. 83, No. 148 / Wednesday, August 1, 2018 / Rules and Regulations
TABLE—HALOGENATED BENZOIC ACID ETHYL ESTERS—Continued
PMN No.
sradovich on DSK3GMQ082PROD with RULES2
P–17–132
P–17–133
P–17–134
P–17–135
P–17–136
P–17–137
P–17–138
P–17–139
P–17–140
CAS No.
............................................................................
............................................................................
............................................................................
............................................................................
............................................................................
............................................................................
............................................................................
............................................................................
............................................................................
(2) The significant new uses are:
(i) Protection in the workplace.
Requirements as specified in
§ 721.63(a)(1), (a)(2)(i), (v), (a)(3), (4),
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, (a)(5)
(respirators must provide a National
Institute for Occupational Safety and
Health (NIOSH) assigned protection
factor of at least 1000), (a)(6)
(particulate), (a)(6)(v), (vi), (b)
(concentration set at 1.0%), and (c).
(A) As an alternative to the respirator
requirements in paragraph (a)(2)(i) of
this section, a manufacturer or processor
may choose to follow the new chemical
exposure limit (NCEL) provision listed
in the TSCA section 5(e) Order for this
substance. The NCEL is 0.0184 mg/m3
as an 8-hour time weighted average.
Persons who wish to pursue NCELs as
an alternative to § 721.63 respirator
requirements may request to do so
under § 721.30. Persons whose § 721.30
requests to use the NCELs approach are
approved by EPA will be required to
follow NCELs provisions comparable to
those contained in the corresponding
TSCA section 5(e) Order.
(B) [Reserved]
(ii) Hazard communication.
Requirements as specified in § 721.72(a)
through (e) (concentration set at 1.0%),
(f), (g)(1)(i), (ii), (iii), (iv), (vi), (ix),
(g)(2)(i), (ii), (iii), (use respiratory
protection or maintain workplace
airborne concentrations at or below an
8-hour time-weighted average of 0.0184
mg/m3), (g)(2)(v), (g)(3)(i), (ii), (g)(4)(i),
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
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21:28 Jul 31, 2018
Jkt 244001
Chemical name
144267–96–9
495405–09–9
351354–41–1
76783–59–0
773134–65–9
81055–73–4
91085–56–2
56882–52–1
28394–58–3
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
specified in § 721.80(q) and (t). It is a
significant new use to manufacture or
process the substances other than for
processes described in the Order.
(iv) Release to water. Requirements as
specified in § 721.90(a)(4), (b)(4), and
(c)(4) where N = 15 ppb.
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph.
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (i) and (k) are
applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of
certain notification requirements. The
provisions of § 721.185 apply to this
section.
(3) Determining whether a specific use
is subject to this section. The provisions
of § 721.1725(b)(1) apply to paragraph
(a)(2)(iii) of this section.
■ 36. Add § 721.11056 to subpart E to
read as follows:
§ 721.11056 Neodymium aluminium alkyl
polymer complexes (generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as neodymium aluminium
alkyl polymer complexes (PMN P–17–
198) 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), (iii), (a)(3),
when determining which persons are
reasonably likely to be exposed as
required for § 721.63(a)(1), engineering
control measures (e.g., enclosure or
confinement of the operation, general
and local ventilation) or administrative
control measures (e.g., workplace
policies and procedures) shall be
considered and implemented to prevent
exposure, where feasible, (b)
(concentration set 1.0%), and (c).
(ii) Hazard communication.
Requirements as specified in § 721.72(a)
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Fmt 4701
Sfmt 4700
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
3,4-difluoro-, ethyl ester.
3,4,5-trifluoro-, ethyl ester.
2,4,5-trifluoro-, ethyl ester.
3-(trifluoromethyl)-, ethyl ester.
2,3-difluoro-, ethyl ester.
2,6-dichloro-, ethyl ester.
3,5-dichloro-, ethyl ester.
2,4-dichloro-, ethyl ester.
3,4-dichloro-, ethyl ester.
through (e) (concentration set 1.0%), (f),
(g)(1)(ix), (The substance may react
violently with water, (This substance
may cause skin irritation and corrosion),
(This substance may cause respiratory
complications, irritation, and corrosion),
(g)(2)(i), (ii), (iii), (When using this
substance use in closed system to
prevent any inhalation exposure),
(When using this substance use skin and
eye protection), 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(c) (It is a
significant new use to process the
substance in manner that results in
inhalation exposure.), (f), and (p) (8
months).
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph.
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (i) are applicable to
manufacturers and processors of this
substance.
(2) Limitations or revocation of
certain notification requirements. The
provisions of § 721.185 apply to this
section.
(3) Determining whether a specific use
is subject to this section. The provisions
of § 721.1725(b)(1) apply to paragraph
(a)(2)(iii) of this section.
■ 37. Add § 721.11057 to subpart E to
read as follows:
§ 721.11057 Fatty acid amide alkyl amine
salts (generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substances identified
generically as fatty acid amide alkyl
amine salts (PMN P–17–272, P–17–273,
P–17–274, P–17–275, P–17–276 and P–
17–277) 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
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01AUR2
Federal Register / Vol. 83, No. 148 / Wednesday, August 1, 2018 / Rules and Regulations
sradovich on DSK3GMQ082PROD with RULES2
do not apply to quantities of the
substances after they have been reacted
(cured).
(2) The significant new uses are:
(i) Protection in the workplace.
Requirements as specified in
§ 721.63(a)(1), (a)(2)(i), (iii), (iv), (a)(3).
When determining which persons are
reasonably likely to be exposed as
required for § 721.63(a)(1) engineering
control measures (e.g., enclosure or
confinement of the operation, general
and local ventilation) or administrative
control measures (e.g., workplace
policies and procedures) shall be
considered and implemented to prevent
exposure, where feasible.
(ii) Hazard communication.
Requirements as specified in § 721.72(a)
through (e) (concentration set at 1.0%),
(f), (g)(1) (skin irritation), (respiratory
complication), (internal organ effect),
(systemic effect), (sensitization),
(g)(2)(i), (ii), (iii), (v), (g)(3)(i), (ii),
(g)(4)(i), (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(k), and (y)(1).
(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.
(1) Recordkeeping. Recordkeeping
requirements as specified in
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21:28 Jul 31, 2018
Jkt 244001
§ 721.125(a) through (i), and (k) are
applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of
certain notification requirements. The
provisions of § 721.185 apply to this
section.
(3) Determining whether a specific use
is subject to this section. The provisions
of § 721.1725(b)(1) apply to paragraph
(a)(2)(iii) of this section.
■ 38. Add § 721.11058 to subpart E to
read as follows:
§ 721.11058 Fatty acid amide alkyl amine
salts (generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substances identified
generically as fatty acid amide alkyl
amine salts (PMN P–17–278, P–17–279
and P–17–280) are subject to reporting
under this section for the significant
new uses described in paragraph (a)(2)
of this section. The requirements of this
section do not apply to quantities of the
substances after they have been reacted
(cured).
(2) The significant new uses are:
(i) Protection in the workplace.
Requirements as specified in
§ 721.63(a)(1), (a)(2)(i), (iii), (iv), (a)(3).
When determining which persons are
reasonably likely to be exposed as
required for § 721.63(a)(1) engineering
control measures (e.g., enclosure or
confinement of the operation, general
and local ventilation) or administrative
control measures (e.g., workplace
policies and procedures) shall be
considered and implemented to prevent
exposure, where feasible.
PO 00000
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Fmt 4701
Sfmt 9990
37733
(ii) Hazard communication.
Requirements as specified in § 721.72(a)
through (e) (concentration set at 1.0%),
(f), (g)(1) (skin irritation), (respiratory
complication), (internal organ effect),
(systemic effect), (sensitization),
(g)(2)(i), (ii), (iii), (v), (g)(3)(i), (ii),
(g)(4)(i), (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(k), and (y)(1).
(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.
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (i), and (k) are
applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of
certain notification requirements. The
provisions of § 721.185 apply to this
section.
(3) Determining whether a specific use
is subject to this section. The provisions
of § 721.1725(b)(1) apply to paragraph
(a)(2)(iii) of this section.
[FR Doc. 2018–15995 Filed 7–31–18; 8:45 am]
BILLING CODE 6560–50–P
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Agencies
[Federal Register Volume 83, Number 148 (Wednesday, August 1, 2018)]
[Rules and Regulations]
[Pages 37702-37733]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-15995]
[[Page 37701]]
Vol. 83
Wednesday,
No. 148
August 1, 2018
Part III
Environmental Protection Agency
-----------------------------------------------------------------------
40 CFR Parts 9 and 721
Significant New Use Rules on Certain Chemical Substances; Final Rule
Federal Register / Vol. 83 , No. 148 / Wednesday, August 1, 2018 /
Rules and Regulations
[[Page 37702]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 9 and 721
[EPA-HQ-OPPT-2017-0366; FRL-9970-23]
RIN 2070-AB27
Significant New Use Rules on Certain Chemical Substances
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is promulgating significant new use rules (SNURs) under
the Toxic Substances Control Act (TSCA) for 145 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 145 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 October 1, 2018. For purposes of
judicial review, this rule shall be promulgated at 1 p.m. (e.s.t.) on
August 15, 2018.
Written adverse comments on one or more of these SNURs must be
received on or before August 31, 2018 (see Unit VI. of the
SUPPLEMENTARY INFORMATION). If EPA receives written adverse comments on
one or more of these SNURs before August 31, 2018, 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-2017-0366, 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:
[email protected].
For general information contact: The TSCA-Hotline, ABVI-Goodwill,
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202)
554-1404; email address: [email protected].
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 rules under TSCA. Chemical
importers are subject to the TSCA section 13 (15 U.S.C. 2612) import
certification requirements promulgated at 19 CFR 12.118 through 12.127
and 19 CFR 127.28. Chemical importers must certify that the shipment of
the chemical substance complies with all applicable rules and orders
under TSCA. Importers of chemicals subject to these SNURs must certify
their compliance with the SNUR requirements. The EPA policy in support
of import certification appears at 40 CFR part 707, subpart B. In
addition, any persons who export or intend to export a chemical
substance that is the subject of this rule on or after August 31, 2018
are subject to the export notification provisions of TSCA section 12(b)
(15 U.S.C. 2611(b)) (see Sec. 721.20), and must comply with the export
notification requirements in 40 CFR part 707, subpart D.
B. What should I consider as I prepare my comments for EPA?
1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
2. Tips for preparing your comments. When preparing and submitting
your comments, see the commenting tips at https://www.epa.gov/dockets/comments.html.
II. Background
A. What action is the Agency taking?
1. Direct Final Rule. 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 obligates EPA to assess
risks that may be associated with the significant new uses under the
conditions of use and, if appropriate, to regulate the proposed uses
before they occur.
2. Proposed Rule. In addition to this Direct Final Rule, elsewhere
in this issue of the Federal Register, EPA is issuing a Notice of
Proposed Rulemaking for this rule. If EPA receives no adverse comment,
the Agency will not take further action on the proposed rule and the
direct final rule will become effective as provided in this action. If
EPA receives adverse comment on one or more of SNURs in this action by
August 31, 2018 (see Unit VI. of the SUPPLEMENTARY INFORMATION), the
[[Page 37703]]
Agency will publish in the Federal Register a timely withdrawal of the
specific SNURs that the adverse comments pertain to, informing the
public that the actions will not take effect. EPA would then address
all adverse public comments in a response to comments document in a
subsequent final rule, based on the proposed rule.
B. What is the Agency's authority for taking this action?
Section 5(a)(2) of TSCA (15 U.S.C. 2604(a)(2)) authorizes EPA to
determine that a use of a chemical substance is a ``significant new
use.'' EPA must make this determination by rule after considering all
relevant factors, including the four bulleted TSCA section 5(a)(2)
factors listed in Unit III. Once EPA determines that a use of a
chemical substance is a significant new use, TSCA section 5(a)(1)(B)
requires persons to submit a significant new use notice (SNUN) to EPA
at least 90 days before they manufacture or process the chemical
substance for that use (15 U.S.C. 2604(a)(1)(B)(i)). TSCA furthermore
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. According
to Sec. [emsp14]721.1(c), persons subject to these SNURs must comply
with the same SNUN requirements and EPA regulatory procedures as
submitters of PMNs under TSCA section 5(a)(1)(A). In particular, these
requirements include the information submission requirements of TSCA
section 5(b) and 5(d)(1), the exemptions authorized by TSCA section
5(h)(1), (h)(2), (h)(3), and (h)(5), and the regulations at 40 CFR part
720. Once EPA receives a SNUN, EPA 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) 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 authorizes EPA to consider any other relevant factors.
To determine what would constitute a significant new use for the
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 145 chemical substances in 40 CFR part 721, subpart E.
In this unit, EPA provides the following information for each chemical
substance:
PMN number.
Chemical name (generic name, if the specific name is
claimed as CBI).
Chemical Abstracts Service (CAS) Registry number (if
assigned for non-confidential chemical identities).
Basis for the TSCA section 5(e) consent order.
Information identified by EPA that would help characterize
the potential health and/or environmental effects of the chemical
substance in support of a request by the PMN submitter to modify the
Order, or if a manufacturer or processor is considering submitting a
SNUN for a significant new use designated by the SNUR. This information
may include testing required in a TSCA section 5(e) Order to be
conducted by the PMN submitter, as well as testing not required to be
conducted but which would also help characterize the potential health
and/or environmental effects of the PMN substance. Any recommendation
for information identified by EPA was made based on EPA's consideration
of available screening-level data, if any, as well as other available
information on appropriate testing for the chemical substance. Further,
any such testing identified by EPA that includes testing on vertebrates
was made after consideration of available toxicity information,
computational toxicology and bioinformatics, and high-throughput
screening methods and their prediction models. EPA also recognizes that
whether testing/further information is needed will depend on the
specific exposure and use scenario in the SNUN. EPA encourages all SNUN
submitters to contact EPA to discuss any potential future testing. See
Unit VIII. for more information.
CFR citation assigned in the regulatory text section of
this rule. The regulatory text section of each rule specifies the
activities designated as significant new uses. Certain new uses,
including exceedance of 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.
These rules include 145 PMN substances that are subject to Orders under
TSCA section 5(e)(1)(A)(ii)(I) where EPA determined that activities
associated with the PMN substances may present unreasonable risk to
human health or the environment. Those Orders require protective
measures to limit exposures or otherwise mitigate the potential
unreasonable risk. The SNURs identify as significant new uses any
manufacturing, processing, use, distribution in commerce, or disposal
that does not conform to the restrictions imposed by the underlying
Orders, consistent with TSCA section 5(f)(4).
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) 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
[[Page 37704]]
to the actual NCEL concentration, the comprehensive NCELs provisions in
TSCA section 5(e) 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 Sec.
721.30 requests to use the NCELs approach for SNURs that 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)
Order for the same chemical substance.
PMN Numbers: P-14-472 and P-14-496
Chemical names: Polyphosphoric acids, 2-[alkyl-1-oxo-2-propen-1-
yl)oxy]ethyl esters, compds. with N-(aminoiminomethyl)urea (generic)
(P-14-472) and Polyphosphoric acids, 2-[(2-methyl-1-oxo-2-propen-1-
yl)oxy]ethyl esters, compds. with alkyl amino, polymers with Bu
acrylate, N-(hydroxymethyl)propenamide and styrene (generic) (P-14-
496).
CAS numbers: Not available.
Effective date of TSCA section 5(e) Order: April 26, 2017.
Basis for TSCA section 5(e) Order: The PMN states that the generic
(non-confidential) uses of the PMN substances are as a site-controlled
intermediate (P-14-472) and a paper additive (P-14-496). Based on
Structure Activity Relationship (SAR) analysis of test data on
acrylates/methacrylates, and other structurally similar substances,
there is potential for irritation and sensitization for P-14-472. For
P-14-496 there is concern for sensitization based on the presence of
formaldehyde and concern for irritation and lung effects from the
surfactant properties of the substance. Further, based on SAR analysis
of test data on analogous phosphates, EPA predicts toxicity to aquatic
organisms may occur at concentrations that exceed 3 parts per billion
(ppb) of P-14-472 and 4 ppb of P-14-496 in surface waters. The Order
was issued under TSCA sections 5(a)(3)(B)(i) and 5(e)(1)(A)(i), based
on a finding that the available information is insufficient to permit a
reasoned evaluation of the human health effects of the PMN substances.
Further, 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 Order requires:
1. Submission of certain toxicity testing on the PMN substances
prior to exceeding the confidential production volume limit as
specified in the Order.
2. Use of personal protective equipment to prevent dermal exposure.
3. Establishment and use of a hazard communication program,
including human health precautionary statements on each label and in
the Safety Data Sheet (SDS).
4. No release of the PMN substances resulting in surface water
concentrations that exceed 3 ppb for P-14-472 and 4 ppb for P-14-496.
5. No modification of the manufacturing process that results in
inhalation exposure and no use involving application methods that
generate a dust, mist, or aerosol.
6. Use of the PMN substances only as a site-limited intermediate
(P-14-472) and the confidential use specified in the Order (P-14-496).
The SNUR would designate as a ``significant new use'' the absence
of these protective measures.
Potentially useful information: EPA has determined that certain
information about the fate and human health toxicity of the PMN
substances may be potentially useful to characterize the effects of the
PMN substances in support of a request by the PMN submitter to modify
the Order, or if a manufacturer or processor is considering submitting
a SNUN for a significant new use that will be designated by this SNUR.
The submitter has agreed not to exceed the confidential production
limit without performing a skin sensitization study and a
biodegradation test on each substance. In addition, EPA has determined
that the results of a pulmonary effects testing of the PMN substance
may be potentially useful in characterizing the health effects of the
PMN substances. Although the Order does not require this additional
testing, 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 information that EPA determines is relevant and needed to
evaluate a modification request.
CFR citations: 40 CFR 721.11024 (P-14-472) and 40 CFR 721.11025 (P-
14-496).
PMN Number: P-14-630
Chemical name: Bismuth bromide iodide oxide.
CAS number: 340181-06-8.
Effective date of TSCA section 5(e) Order: May 10, 2017.
Basis for TSCA section 5(e) Order: The PMN states that the
substance will be used as a pigment for liquid coatings solvent based
system; a pigment for powder coatings; and a pigment for polymer
materials. Based on test data and physical/chemical properties of the
PMN substance, as well as SAR analysis of analogous respirable, poorly
soluble particulates, EPA identified concerns for lung effects,
including fibrosis. The Order was issued under TSCA sections
5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I), based on insufficient
information to make a reasoned evaluation and a finding that the
substance may present an unreasonable risk of injury to human health.
EPA assessed risks based on the specific manufacturing, processing,
use, distribution/transportation, treatment and disposal processes,
process equipment, engineering controls, and handling practices
(including worker activities and cleaning procedures) described in the
PMN. To protect against these risks, the Order requires:
1. Submission of certain toxicity testing on the PMN substance
prior to exceeding the confidential production volume limit as
specified in the Order.
2. Use of a National Institute for Occupational Safety and Health
(NIOSH)-certified respirator with an Assigned Protection Factor (APF)
of at least 10 (where there is a potential for inhalation exposures) or
compliance with a New Chemical Exposure Limit (NCEL) of 2.4 milligram/
meter\3\ (mg/m\3\) as an 8-hour time-weighted average.
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 substance in a consumer product that generates a
dust, mist, or aerosol.
The SNUR will designate as a ``significant new use'' the absence of
these protective measures, and any use to vary or alter, the
manufacturing, processing, use, distribution/transportation, treatment
and disposal processes, process equipment, engineering controls, and
handling practices (including worker activities and cleaning
procedures) described in the PMN in such a way as to change the
magnitude of inhalation exposure.
[[Page 37705]]
Potentially useful information: EPA has determined that certain
information about the human health toxicity of the PMN substance may be
potentially useful to characterize the effects of the PMN substance in
support of a request by the PMN submitter to modify the Order, or if a
manufacturer or processor is considering submitting a SNUN for a
significant new use that will be designated by this SNUR. The submitter
has agreed not to exceed the confidential production limit without
performing specific target organ toxicity testing. In addition, EPA has
determined that the results of a chronic toxicity/carcinogenicity test
of the PMN substance may be potentially useful in characterizing the
health effects of the PMN substance. Although the Order does not
require this additional testing, 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 information that EPA determines is relevant
and needed to evaluate a modification request.
CFR citation: 40 CFR 721.11026.
PMN Number: P-15-450
Chemical name: Aluminum cobalt lithium nickel oxide.
CAS number: 177997-13-6.
Effective date of TSCA section 5(e) Order: March 23, 2017.
Basis for TSCA section 5(e) Order: The PMN states that the
substance will be used as a mixed metal oxide for batteries. Based on
test data on the PMN substance, EPA identified concerns for spleen and
kidney toxicity. Based on physical/chemical properties of the PMN
substance, as well as SAR analysis of analogous respirable, poorly
soluble particulates, EPA identified concerns for lung effects based on
lung overload. Based on the crystalline structure of the PMN substance,
EPA identified concern for lung carcinogenicity. The Order was issued
under TSCA sections 5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I), based on
insufficient information to make a reasoned evaluation and a finding
that the substance may present an unreasonable risk of injury to human
health. EPA assessed risks based on the specific manufacturing,
processing, use, distribution/transportation, treatment and disposal
processes, process equipment, engineering controls, and handling
practices (including worker activities and cleaning procedures)
described in the PMN. To protect against these risks, the Order
requires:
1. Submission of certain toxicity testing on the PMN substance
prior to exceeding the time limit as specified in the Order.
2. Use of personal protective equipment including impervious gloves
and protective clothing (where there is a potential for dermal
exposures).
3. Use of a NIOSH-certified respirator with an APF of at least
1,000 (where there is a potential for inhalation exposure) or
compliance with a NCEL of 0.000092 ppm as an 8-hour time-weighted
average.
4. Use of the chemical transfer processes and air ventilation
processes described in the PMN and the exposure monitoring requirements
described in the Order.
5. Establishment and use of a hazard communication program,
including human health precautionary statements on each label and in
the SDS.
6. Disposal of the PMN substance by landfill only. Air releases are
limited by processes described in the PMN, including filtering through
a high-efficiency particulate air filter with an efficiency rate of
99.99%.
7. No domestic manufacture of the PMN substance.
The SNUR will designate as a ``significant new use'' the absence of
these protective measures.
Potentially useful information: EPA has determined that certain
information about the human health toxicity of the PMN substance may be
potentially useful to characterize the effects of the PMN substance in
support of a request by the PMN submitter to modify the Order, or if a
manufacturer or processor is considering submitting a SNUN for a
significant new use that will be designated by this SNUR. The submitter
has agreed not to exceed the time limit without performing specific
target organ toxicity testing and carcinogenicity testing. In addition,
EPA has determined that the results of medical monitoring of the
workers exposed to the substance during manufacturing, processing, and
use may be potentially useful in characterizing the health effects of
the PMN substance. Although the Order does not require this medical
monitoring, 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 information that EPA determines is relevant and needed to
evaluate a modification request.
CFR citation: 40 CFR 721.11027.
PMN Number: P-15-705
Chemical name: Alkylarylamine (generic).
CAS number: Not available.
Effective date of TSCA section 5(e) Order: May 11, 2017.
Basis for TSCA section 5(e) Order: The PMN states that the
substance will be used as a chemical intermediate and as an additive
and octane booster in aviation fuels.
Based on test data on the PMN substance, EPA has identified
concerns for dermal irritation, developmental toxicity, and blood
effects. Based on test data on analogous anilines, EPA has identified
concerns for cardiovascular, eye, liver, kidney, and pulmonary effects,
as well as bladder cancer. The Order was issued under TSCA sections
5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I), based on insufficient
information to make a reasoned evaluation and a finding that the
substance may present an unreasonable risk of injury to human health.
To protect against these risks, the Order requires:
1. Submission of certain toxicity testing on the PMN substance
prior to exceeding the confidential production volume limit as
specified in the Order.
2. Use of personal protective equipment including impervious
gloves, full body chemical protective clothing and chemical goggles or
equivalent eye protection (where there is a potential for dermal
exposure).
3. Use of a NIOSH-certified respirator with an APF of at least
1,000 (where there is a potential for inhalation exposure) or
compliance with a NCEL of 0.48 mg/m\3\ as an 8-hour time-weighted
average. (EPA's estimates indicate that variations of the parameters
(including batch size, number of processing sites, days per year of
operation) of the uses identified below would not result in inhalation
exposure that would indicate a different respirator.)
4. No use of the substance in a consumer product.
5. No use other than as a chemical intermediate or as an additive
and octane booster in aviation fuels.
6. Establishment and use of a hazard communication program,
including human health precautionary statements on each label and in
the SDS.
7. No release of the PMN substance resulting in surface water
concentrations that exceed 1 ppb.
The SNUR will designate as a ``significant new use'' the absence of
these protective measures.
Potentially useful information: EPA has determined that certain
information about the human health and aquatic toxicity of the PMN
substance may be potentially useful to characterize the effects of the
PMN substance in support of a request by the PMN submitter to modify
the Order, or if a manufacturer or processor is considering submitting
a
[[Page 37706]]
SNUN for a significant new use that will be designated by this SNUR.
The submitter has agreed not to exceed the confidential production
limit without performing specific target organ toxicity testing and a
chronic aquatic toxicity test.
CFR citation: 40 CFR 721.11028.
PMN Numbers: P-15-706 and P-15-707
Chemical names: Aliphatic N-alkyl urea polymer containing
cyclohexyl groups and trimethoxy silanes (generic) (P-15-706) and
Aliphatic N-alkyl urea polymer containing aspartic ester groups and
trimethoxy silanes (generic) (P-15-707).
CAS numbers: Not available.
Effective date of TSCA section 5(e) Order: April 26, 2017.
Basis for TSCA section 5(e) Order: The PMNs state that the generic
use of the substances will be as ingredients for multipurpose exterior
coatings. Based on SAR analysis on reactive methoxy silane moieties,
EPA has identified concerns for irritation to lungs, eyes, and mucus
membranes. There are also concerns for acute toxicity, neurotoxicity,
and developmental toxicity based on the presence of methanol, and for
sensitization if there are residual isocyanates. The Order was issued
under TSCA sections 5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I), based on
insufficient information to make a reasoned evaluation and a finding
that the substances may present an unreasonable risk of injury to human
health. To protect against these risks, the Order requires:
1. Submission of certain toxicity testing on the PMN substance
prior to exceeding the production limit as specified in the Order.
2. Use of personal protective equipment including impervious gloves
(where there is a potential for dermal exposure).
3. Use of a NIOSH-certified respirator with an APF of at least 10
(where there is a potential for inhalation exposure) or compliance with
a NCEL of 0.9 mg/m\3\ as an 8-hour time-weighted average. (EPA's
estimates indicate that variations of the parameters (including batch
size, number of processing sites, days per year of operation) of the
uses identified below would not result in inhalation exposure that
would indicate a different respirator.)
4. Establishment and use of a hazard communication program,
including human health precautionary statements on each label and in
the SDS.
5. No manufacture beyond an annual production volume of 250,000
kilograms (kg).
6. Manufacture of the PMN substances to contain no more than 0.1%
residual isocyanate by weight.
7. No uses of the substances other than allowed in the Order.
8. No use of the substances in a consumer product.
The SNUR will designate as a ``significant new use'' the absence of
these protective measures.
Potentially useful information: EPA has determined that certain
information about the human health toxicity of the PMN substances may
be potentially useful to characterize the effects of the PMN substances
in support of a request by the PMN submitter to modify the Order, or if
a manufacturer or processor is considering submitting a SNUN for a
significant new use that will be designated by this SNUR. The submitter
has agreed not to exceed the confidential production limit without
performing specific target organ toxicity testing for P-15-706.
CFR citation: 40 CFR 721.11029 (P-15-706) and 40 CFR 721.11030 (P-
15-707).
PMN Numbers: P-16-273 and P-16-274
Chemical names: Alkyl heteromonocycle, polymer with
heteromonocycle, carboxyalkyl alkyl ethers (generic).
CAS numbers: Not available.
Effective date of TSCA section 5(e) Order: April 25, 2017.
Basis for TSCA section 5(e) Order: The PMNs state that the generic
(non-confidential) use of the substances will be as ingredients in
metalworking fluids. Based on submitted test data for P-16-273 and
structurally similar surfactants, EPA has identified concerns for
dermal sensitization and irritation and lung effects. Based on
submitted toxicity data for P-16-273, EPA estimates toxicity to aquatic
organisms may occur for both PMNs at concentrations that exceed 10 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
insufficient information to make a reasoned evaluation and a finding
that the substances may present an unreasonable risk of injury to human
health and the environment. To protect against these risks, the Order
requires:
1. No domestic manufacture of the PMN substances.
2. Use of the PMN substances only: (i) For the confidential uses
specified in the Order, (ii) at a concentration no greater than 3% of
the metalworking fluid, and (iii) used only in closed metalworking
systems as specified in the PMNs with no modifications in the process
that would result in worker inhalation exposure.
3. Use of personal protective equipment including impervious gloves
(where there is a potential for dermal exposure).
4. No release of the PMN substances resulting in surface water
concentrations that exceed 10 ppb.
The SNUR will designate as a ``significant new use'' the absence of
these protective measures.
Potentially useful information: EPA has determined that certain
information about the fate and toxicity of the PMN substances may be
potentially useful to characterize the health and environmental effects
of the PMN substances in support of a request by the PMN submitter to
modify the Order, or if a manufacturer or processor is considering
submitting a SNUN for a significant new use that will be designated by
this SNUR. EPA has determined that the results of specific target organ
toxicity testing and a biodegradation test of the PMN substances may be
potentially useful in characterizing the health and environmental
effects of the PMN 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 information that EPA determines is relevant and needed to
evaluate a modification request.
CFR citation: 40 CFR 721.11031.
PMN Number: P-16-289
Chemical name: Benzene dicarboxylic acid, polymer with alkane dioic
acid and aliphatic diamine (generic).
CAS number: Not available.
Effective date of TSCA section 5(e) Order: March 24, 2017.
Basis for TSCA section 5(e) Order: The PMN states the substance
will be used as an extrusion compounding molding resin. Based on test
data on analogous high molecular weight polymers, EPA has concerns for
lung effects, which includes lung overload. The Order was issued under
TSCA sections 5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I), based on
insufficient information to make a reasoned evaluation and a finding
that the substance may present an unreasonable risk of injury to human
health. To protect against these risks, the Order requires:
1. Submission of particle size testing on the PMN substance prior
to exceeding the time limit as specified in the Order.
[[Page 37707]]
2. Manufacture of the PMN substance such that the solid particle
form has a particle size distribution where less than 1% of the
particles are less than 10 microns.
The SNUR will designate as a ``significant new use'' the absence of
these protective measures.
Potentially useful information: EPA has determined that certain
information about the physical/chemical characteristics of the PMN
substance may be potentially useful to characterize the health effects
of the PMN substance in support of a request by the PMN submitter to
modify the Order, or if a manufacturer or processor is considering
submitting a SNUN for a significant new use that will be designated by
this SNUR. The submitter has agreed not to manufacture beyond a certain
time period without measuring the particle size distribution to
characterize the fraction of the dry particle PMN substance less than
10 microns. In addition, EPA has determined that the results of
specific target organ toxicity testing of the PMN substance may be
potentially useful in characterizing the health effects of the PMN
substance. Although the Order does not require this additional testing,
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
information that EPA determines is relevant and needed to evaluate a
modification request.
CFR citation: 40 CFR 721.11032.
PMN Number: P-16-322
Chemical name: Manganese cyclic (tri)amine chloride complex
(generic).
CAS number: Not available.
Effective date of TSCA section 5(e) Order: April 25, 2017.
Basis for TSCA section 5(e) Order: The PMN states that the generic
(non-confidential) use of the substance will be as a pulp bleaching
catalyst. Based on test data on an analog, EPA has identified concerns
for kidney, blood, and thyroid effects, immunotoxicity, reproductive
and developmental toxicity, and neurotoxicity. Based on test data on
the PMN substance, EPA estimates that toxicity to aquatic organisms may
occur at concentrations that exceed 18 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 insufficient
information to make a reasoned evaluation and a finding that the
substance may present an unreasonable risk of injury to human health
and the environment. To protect against these risks, the Order
requires:
1. Submission of certain toxicity testing on the PMN substance
prior to exceeding the confidential production volume limit as
specified in the Order.
2. Use of personal protective equipment to prevent dermal exposure
(where there is a potential for dermal exposure).
3. Use of a NIOSH-certified respirator with an APF of at least 25
(where there is a potential for inhalation exposure) or compliance with
a NCEL of 1.2 ppm as an 8-hour time-weighted average. (EPA's estimates
indicate that variations of the parameters (including batch size,
number of processing sites, days per year of operation) of the uses
identified below would not result in inhalation exposure that would
indicate a different respirator.)
4. Establishment and use of a hazard communication program,
including human health precautionary statements on each label and in
the SDS.
5. No domestic manufacture of the PMN substance.
6. Process and use of the PMN substance only for the confidential
uses and formulation percentage specified in the Order.
7. No release of the PMN substance resulting in surface water
concentrations that exceed 18 ppb.
The SNUR will designate as a ``significant new use'' the absence of
these protective measures.
Potentially useful information: EPA has determined that certain
information about the human health and aquatic toxicity of the PMN
substance may be potentially useful to characterize the effects of the
PMN substance in support of a request by the PMN submitter to modify
the Order, or if a manufacturer or processor is considering submitting
a SNUN for a significant new use that will be designated by this SNUR.
The submitter has agreed not to exceed the confidential production
limit without performing specific target organ toxicity testing,
reproductive/developmental toxicity testing; and chronic aquatic
toxicity testing.
CFR citation: 40 CFR 721.11033.
PMN Numbers: P-16-338, P-16-339, P-16-439, and P-16-440
Chemical names: Xanthylium, (sulfoaryl)-bis [(substituted aryl)
amino]-, sulfo derivs., inner salts, metal salts (generic) (P-16-338);
Substituted triazinyl metal salt, diazotized, coupled with substituted
pyridobenzimidazolesulfonic acids, substituted
pyridobenzimidazolesulfonic acids, diazotized substituted
alkanesulfonic acid, diazotized substituted aromatic sulfonate,
diazotized substituted aromatic sulfonate, metal salts (generic) (P-16-
339); Carbon black, (organic acidic carbocyclic)-modified, inorganic
salt (generic) (P-16-439); and Carbon black, (organic acidic
carbocyclic)-modified, metal salt (generic) (P-16-440).
CAS numbers: Not available.
Effective date of TSCA section 5(e) Order: April 11, 2017.
Basis for TSCA section 5(e) Order: The PMN states that the generic
(non-confidential) uses of the PMN substances will be as dyestuffs (P-
16-0338 and P-16-0339) and as coloring agents (P-16-0439 and P-16-
0440). Based on physical/chemical properties of the PMN substances and
test data on analogous poorly respirable particles, EPA has identified
concerns for irritation to the eyes, lungs, and mucous membranes, and
lung effects. Further, based on SAR analysis of test data on analogous
dyes, EPA predicts toxicity to aquatic organisms may occur at
concentrations that exceed 200 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 insufficient information to make a reasoned
evaluation and a finding that the substances may present an
unreasonable risk of injury to human health and the environment. To
protect against these risks, the Order requires:
1. No manufacture of the PMN substances beyond the confidential
annual production volume specified in the Order.
2. No domestic manufacture of the PMN substances.
3. Import the PMN substances only according to the terms specified
and for the confidential uses specified in the Order.
4. No release of the PMN substances to surface waters.
The SNUR will designate as a ``significant new use'' the absence of
these protective measures.
Potentially useful information: EPA has determined that certain
information about the fate, human health toxicity, and aquatic toxicity
of the PMN substances may be potentially useful to characterize the
effects of the PMN substances in support of a request by the PMN
submitter to modify the Order, or if a manufacturer or processor is
considering submitting a SNUN for a significant new use that will be
designated by this SNUR. EPA has determined that the results of a
biodegradation test, specific target organ toxicity testing, and acute
and chronic aquatic toxicity testing of the PMN
[[Page 37708]]
substances may be potentially useful in characterizing the health and
environmental effects of the PMN 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 information that EPA determines is relevant
and needed to evaluate a modification request.
CFR citations: 40 CFR 721.11034 (P-16-338), 40 CFR 721.11035 (P-16-
339), 40 CFR 721.11036 (P-16-439), and 40 CFR 721.11037 (P-16-440).
PMN Number: P-16-350
Chemical name: Polyaralkyl aryl ester of methacrylic acid
(generic).
CAS number: Not available.
Effective date of TSCA section 5(e) Order: March 31, 2017.
Basis for TSCA section 5(e) Order: The PMN states that the generic
(non-confidential) use of the substance will be as a polymer reactant.
Based on test data on methacrylate moieties, EPA has identified
concerns for irritation and sensitization based on analogy to
methacrylates. Based on SAR analysis of test data on structurally
similar respirable surfactants, EPA has identified concerns for lung
effects. The Order was issued under TSCA sections 5(a)(3)(B)(ii)(I) and
5(e)(1)(A)(ii)(I), based on insufficient information to make a reasoned
evaluation and a finding that the substance may present an unreasonable
risk of injury to human health. To protect against these risks, the
Order requires:
1. Use of personal protective equipment including 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. Manufacture of the PMN substance such that it is not less than
the minimum average molecular weight identified in the Order and does
not contain more than the maximum weight percent of low molecular
weight species below 1,000 Daltons.
4. Use of the PMN substance only for the confidential use specified
in the Order.
The SNUR will designate as a ``significant new use'' the absence of
these protective measures.
Potentially useful information: EPA has determined that certain
information about the toxicity of the PMN substance may be potentially
useful to characterize the health effects of the PMN substance in
support of a request by the PMN submitter to modify the Order, or if a
manufacturer or processor is considering submitting a SNUN for a
significant new use that will be designated by this SNUR. EPA has
determined that the results of specific target organ toxicity testing
and a sensitization test of the PMN substance may be potentially useful
in characterizing the health 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 information that EPA determines is relevant
and needed to evaluate a modification request.
CFR citation: 40 CFR 721.11038.
PMN Number: P-16-352
Chemical names: Phenol, 2-[[[3-(octyloxy)propyl]imino]methyl]- (P-
16-352, chemical A) and Phenol, 2-[[[3-(decyloxy)propyl]imino]methyl]-
(P-16-352, chemical B).
CAS numbers: 1858221-49-4 (P-16-352, chemical A) and 1858221-50-7
(P-16-352, chemical B).
Effective date of TSCA section 5(e) Order: April 21, 2017.
Basis for TSCA section 5(e) Order: The PMN states that the PMN
substances will be used as co-catalysts in the manufacturing of release
coatings for producing papers and films at a concentration of 1% or
less. Based on SAR analysis of test data on analogous phenols, EPA has
identified concerns for respiratory and dermal irritation and
developmental toxicity. In addition, EPA has identified concerns for
liver toxicity and reproductive effects based on the hydrolysis product
o-hydroxybenzaldehyde. Further, based on SAR analysis of test data on
analogous phenols, EPA predicts toxicity to aquatic organisms may occur
at concentrations that exceed 1 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 insufficient information to make a reasoned
evaluation and a finding that the substances may present an
unreasonable risk of injury to human health and the environment. To
protect against these risks, the Order requires:
1. Submission of certain toxicity testing on the PMN substance
prior to exceeding the confidential production volume limit as
specified in the Order.
2. Use of personal protective equipment including impervious gloves
(where there is a potential for dermal exposure).
3. Establishment and use of a hazard communication program,
including human health precautionary statements on each label and in
the SDS.
4. No domestic manufacture of the PMN substances.
5. No manufacture of the PMN substances beyond an annual production
volume of 250 kg/yr.
6. No use of the PMN substances in application methods that
generate a dust, mist, or aerosol.
7. No release of the PMN substance resulting in surface water
concentrations that exceed 1 ppb.
The SNUR will designate as a ``significant new use'' the absence of
these protective measures.
Potentially useful information: EPA has determined that certain
information about the human health and aquatic toxicity of the PMN
substance may be potentially useful to characterize the effects of the
PMN substance in support of a request by the PMN submitter to modify
the Order, or if a manufacturer or processor is considering submitting
a SNUN for a significant new use that will be designated by this SNUR.
The submitter has agreed not to exceed the confidential production
limit without performing specific target organ toxicity, reproductive/
developmental toxicity, and acute aquatic toxicity testing.
CFR citations: 40 CFR 721.11039 (P-16-352, chemical A) and 40 CFR
721.11040 (P-16-352, chemical B).
PMN Number: P-16-358
Chemical name: Alkyl phenol (generic).
CAS number: Not available.
Effective date of TSCA section 5(e) Order: April 24, 2017.
Basis for TSCA section 5(e) Order: The PMN states that the
substance will be used as a chemical intermediate. Based on SAR
analysis of test data on analogous phenols, EPA has identified concerns
for developmental toxicity. The Order was issued under TSCA sections
5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I), based on insufficient
information to make a reasoned evaluation and a finding that the
substance may present an unreasonable risk of injury to human health.
To protect against these risks, the Order requires:
1. Submission of certain toxicity testing on the PMN substance
prior to exceeding the confidential production volume limit as
specified in the Order.
2. Use of personal protective equipment including impervious gloves
(where there is a potential for dermal exposure).
[[Page 37709]]
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 as a chemical intermediate.
5. No manufacture, process, or use of the PMN substance in any
manner or method that generates a dust, mist, or aerosol or in a non-
enclosed process.
6. No release of the PMN substance to surface waters.
The SNUR will designate as a ``significant new use'' the absence of
these protective measures.
Potentially useful information: EPA has determined that certain
information about the human health toxicity of the PMN substance may be
potentially useful to characterize the effects of the PMN substance in
support of a request by the PMN submitter to modify the Order, or if a
manufacturer or processor is considering submitting a SNUN for a
significant new use will be designated by this SNUR. The submitter has
agreed not to exceed the confidential production limit without
performing specific target organ toxicity and reproductive/
developmental toxicity tests.
CFR citation: 40 CFR 721.11041.
PMN Number: P-16-364
Chemical name: Nitrile-butadiene-acrylate terpolymers (generic).
CAS number: Not available.
Effective date of TSCA section 5(e) Order: March 31, 2017.
Basis for TSCA section 5(e) Order: The PMN states that the generic
(non-confidential) use of the substance will be as a chemical
intermediate. Based on SAR analysis of test data on structurally
similar respirable particles, EPA has identified concerns for lung
effects, including lung overload. The Order was issued under TSCA
sections 5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I), based on insufficient
information to make a reasoned evaluation and a finding that the
substance may present an unreasonable risk of injury to human health.
To protect against these risks, the Order requires:
1. Use of the PMN substance only as a site-limited chemical
intermediate.
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 PMN substance if it
contains more than 5% of the particle size distribution less than 10
microns.
The SNUR will designate as a ``significant new use'' the absence of
these protective measures.
Potentially useful information: EPA has determined that certain
information about the toxicity of the PMN substance may be potentially
useful to characterize the effects of the PMN substance in support of a
request by the PMN submitter to modify the Order, or if a manufacturer
or processor is considering submitting a SNUN for a significant new use
that will be designated by this SNUR. EPA has determined that the
results of specific target organ toxicity testing of the PMN substance
may be potentially useful in characterizing the health effects of the
PMN 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
information that EPA determines is relevant and needed to evaluate a
modification request.
CFR citation: 40 CFR 721.11042.
PMN Number: P-16-399
Chemical name: Starch, polymer with 2-propenoic acid, potassium
salt, oxidized.
CAS number: 1638117-09-5.
Effective date of TSCA section 5(e) Order: April 6, 2017.
Basis for TSCA section 5(e) Order: The PMN states that the
substance will be used as an agricultural soil amendment for field
crops, agricultural soil amendment for turf applications and direct
soil injection with fertilizers, and a compound to be used in
preparation of advanced seed coatings. Based on SAR analysis of test
data on structurally similar respirable particles, EPA has identified
concerns for lung effects, including lung overload. The Order was
issued under TSCA sections 5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I),
based on insufficient information to make a reasoned evaluation and a
finding that the substance may present an unreasonable risk of injury
to human health. The Order was also issued under TSCA sections
5(a)(3)(B)(ii)(II) and 5(e)(1)(A)(ii)(II), based on a finding that the
substance that the substance is or will be produced in substantial
quantities and that the substance either enters or may reasonably be
anticipated to enter the environment in substantial quantities, or
there is or may be significant (or substantial) human exposure to the
substance. To protect against these risks, the Order requires:
1. Submission of certain toxicity testing on the PMN substance
prior to exceeding the time limit as specified in the Order.
2. Use of personal protective equipment including impervious gloves
(where there is a potential for dermal exposure).
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 substance with a particulate size greater
than 30 microns.
The SNUR will designate as a ``significant new use'' the absence of
these protective measures.
Potentially useful information: EPA has determined that certain
information about the toxicity of the PMN substance may be potentially
useful to characterize the health and environmental effects of the PMN
substance in support of a request by the PMN submitter to modify the
Order, or if a manufacturer or processor is considering submitting a
SNUN for a significant new use that will be designated by this SNUR.
The submitter has agreed not to manufacture beyond a certain time limit
without performing an acute aquatic toxicity test. In addition, EPA has
determined that the results of specific target organ toxicity testing
of the PMN substance may be potentially useful in characterizing the
health effects of the PMN substance. Although the Order does not
require this additional testing, 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 information that EPA determines is relevant
and needed to evaluate a modification request.
CFR citation: 40 CFR 721.11043.
PMN Number: P-16-430
Chemical name: Pentanedioic acid, 2-methyl-.
CAS number: 617-62-9.
Effective date of TSCA section 5(e) Order: May 17, 2017.
Basis for TSCA section 5(e) Order: The PMN states the generic (non-
confidential) use of the substance will be as a filler. Based on test
data on the PMN substance, EPA has identified concerns for systemic and
reproductive toxicity. Based on structural analysis on the acid groups
and test data, EPA has identified concerns for dermal and respiratory
irritation. Further, based on test data on the PMN substance and test
data on analogous neutral organics, EPA predicts toxicity to aquatic
organisms may occur at concentrations that exceed 14 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 insufficient
information to make a reasoned evaluation and a finding that the
[[Page 37710]]
substance may present an unreasonable risk of injury to human health
and the environment. EPA assessed risks based on the specific
processing, use, distribution/transportation, treatment and disposal
processes, process equipment, engineering controls, and handling
practices (including worker activities and cleaning procedures)
described in the PMN. To protect against these risks, the Order
requires:
1. Use of personal protective equipment including impervious gloves
(where there is a potential for dermal exposure).
2. Use of a NIOSH-certified respirator with an APF of at least 10
(where there is a potential for inhalation exposure). (EPA's estimates
indicate that variations of the parameters (including batch size,
number of processing sites, days per year of operation) of the uses
identified below would not result in inhalation exposure that would
indicate a different respirator.)
3. Establishment and use of a hazard communication program,
including human health precautionary statements on each label and in
the SDS.
4. No domestic manufacture of the PMN substance.
5. Import of the PMN substance at or below the maximum
concentration specified in the Order.
6. No release of the PMN substance resulting in surface water
concentrations that exceed 14 ppb.
The SNUR will designate as a ``significant new use'' the absence of
these protective measures, and use of the chemical substance to vary or
alter the processing, use, distribution, engineering controls, and
handling practices described in the Order in such a way as to change
the magnitude of inhalation exposure.
Potentially useful information: EPA has determined that certain
information about the human health toxicity of the PMN substance may be
potentially useful to characterize the effects of the substance in
support of a request by the PMN submitter to modify the Order, or if a
manufacturer or processor is considering submitting a SNUN for a
significant new use that will be designated by this SNUR. EPA has
determined that the results of specific target organ toxicity testing
of the PMN substance may be potentially useful in characterizing the
health effects of the PMN 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 information.
CFR citation: 40 CFR 721.11044.
PMN Number: P-16-495
Chemical name: 2-Pentanol, 4-methyl-, reaction products with
phosphorus oxide (P2O5), compounds with alkylamine (generic).
CAS number: Not available.
Effective date of TSCA section 5(e) Order: April 25, 2017.
Basis for TSCA section 5(e) Order: The PMN states that the generic
use (non-confidential) of the substance will be as a lubricant
additive. Based on test data on the substance, EPA has identified
concerns for systemic effects, sensitization and irritation to the eyes
and skin. Based on physical/chemical properties, EPA has concerns for
lung effects, including lung surfactancy. Further, based on test data
on analogous aliphatic amines for the cation and neutral organics for
the anion as well as test data on the PMN substance, EPA predicts
toxicity to aquatic organisms may occur at concentrations that exceed
200 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
insufficient information to make a reasoned evaluation and a finding
that the substance may present an unreasonable risk of injury to human
health and the environment. To protect against these risks, the Order
requires:
1. Submission of certain toxicity testing on the PMN substance
prior to exceeding the confidential production volume limit as
specified in the Order.
2. Use of personal protective equipment (where there is a potential
for dermal exposure).
3. Establishment and use of a hazard communication program,
including human health precautionary statements on each label and in
the SDS.
4. No manufacture in any manner or method that results in
inhalation exposure.
5. No use of the PMN substance in an application method that
generates a vapor, mist, or aerosol.
6. No release of the PMN substance resulting in surface water
concentrations that exceed 200 ppb.
The SNUR will designate as a ``significant new use'' the absence of
these protective measures.
Potentially useful information: EPA has determined that certain
information about the human health and aquatic toxicity of the PMN
substance may be potentially useful to characterize the effects of the
PMN substance effects of the PMN substance in support of a request by
the PMN submitter to modify the Order, or if a manufacturer or
processor is considering submitting a SNUN for a significant new use
that will be designated by this SNUR. The submitter has agreed not to
exceed the confidential production limit without performing chronic
aquatic toxicity tests. In addition, EPA has determined that the
results of specific target organ toxicity testing of the PMN substance
may be potentially useful in characterizing the health effects of the
PMN substance. Although the Order does not require this additional
testing, 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 information that EPA determines is relevant and needed to
evaluate a modification request.
CFR citation: 40 CFR 721.11045.
PMN Number: P-16-513
Chemical name: Hydroxy alkylbiphenyl (generic).
CAS number: Not available.
Effective date of TSCA section 5(e) Order: May 2, 2017.
Basis for TSCA section 5(e) Order: The PMN states that the
substance will be used as a chemical intermediate. Based on test data
on an analog, EPA has identified concerns for developmental toxicity,
systemic toxicity, blood effects, and corrosion of the skin, eyes, and
mucous membranes. Further, based on SAR analysis of test data on
analogous amides, EPA predicts toxicity to aquatic organisms may occur
at concentrations that exceed 17 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 insufficient information to make a reasoned
evaluation and a finding that the substances may present an
unreasonable risk of injury to human health and the environment. To
protect against these risks, the Order requires:
1. Submission of certain toxicity testing on the PMN substance
prior to exceeding the confidential production volume limit as
specified in the Order.
2. Use of personal protective equipment (where there is a potential
for dermal exposure).
3. Use of a NIOSH-certified respirator with an APF of at least 50
(where there is a potential for inhalation exposure). (EPA's estimates
indicate that variations of the parameters (including batch size,
number of processing sites, days per year of operation) of the uses
identified below would not result in inhalation exposure that would
indicate a different respirator.)
4. Use of the PMN substance only as a chemical intermediate.
[[Page 37711]]
5. No release of the PMN substance resulting in surface water
concentrations that exceed 17 ppb.
The SNUR will designate as a ``significant new use'' the absence of
these protective measures.
Potentially useful information: EPA has determined that certain
information about the human health and aquatic toxicity of the PMN
substance may be potentially useful to characterize the effects of the
PMN substance in support of a request by the PMN submitter to modify
the Order, or if a manufacturer or processor is considering submitting
a SNUN for a significant new use that will be designated by this SNUR.
The submitter has agreed not to exceed the confidential production
limit without performing specific target organ toxicity and
reproductive/developmental toxicity testing. In addition, EPA has
determined that the results of acute aquatic toxicity tests may be
potentially useful in characterizing the environmental effects of the
PMN substance. Although the Order does not require these additional
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 information that EPA determines is relevant and needed to
evaluate a modification request.
CFR citation: 40 CFR 721.11046.
PMN Numbers: P-16-534, P-16-535, and P-16-536
Chemical names: Alkyl alkenoic acid, polymer with
alkenylcarbomonocycle telomer with substituted alkanoic acid hydroxyl
alkyl substituted alkenyl substituted alkyl ester, polyalkylene glycol
alkyl ether alkyl alkenoate, dialkylene glycol diheteromonocyclic ether
and alkylcarbomonocyclic alkenoate, metal salt (generic) (P-16-534);
Alkyl alkenoic acid, polymer with alkenylcarbomonocycle telomer with
substituted alkanoic acid hydroxyl alkyl substituted alkenyl
substituted alkyl ester, alkanediol diheteromonocyclic ether,
polyalkylene glycol alkyl ether alkyl alkenoate and
alkylcarbomonocyclic alkenoate, metal salt (generic) (P-16-535); and
Alkyl alkenoic acid, polymer with bis heteromonocyclic substituted
alkyl carbomonocycle, alkenylcarbomonocycle telomer with substituted
alkanoic acid hydroxyl alkyl substituted alkenyl substituted alkyl
ester, polyalkylene glycol alkyl ether alkyl alkenoate and
alkylcarbomonocyclic alkenoate, metal salt (generic) (P-16-536).
CAS numbers: Not available.
Effective date of TSCA section 5(e) Order: April 4, 2017.
Basis for TSCA section 5(e) Order: The PMN states that the generic
(non-confidential) use of the substances will be a component of ink.
Based on test data on structurally similar respirable particles, EPA
has identified concerns for lung effects if inhaled, based on lung
overload. In addition, EPA has identified ecotoxicity concerns for the
substances if made with an acid component exceeding 20% of the
molecular weight due potential for increased absorption and solubility.
The Order was issued under TSCA sections 5(a)(3)(B)(ii)(I) and
5(e)(1)(A)(ii)(I), based on insufficient information to make a reasoned
evaluation and a finding that the substances may present an
unreasonable risk of injury to human health and the environment. To
protect against these risks, the Order requires:
1. Manufacture of the PMN substances such that the minimum average
molecular weight is 1,800 daltons and the carboxylic acid content does
not exceed 20%.
2. No domestic manufacture of the PMN substances.
3. Process or use of the PMN substances only for the use specified
in the Order.
The SNUR will designate as a ``significant new use'' the absence of
these protective measures.
Potentially useful information: EPA has determined that certain
information about the human health and aquatic toxicity of the PMN
substances may be potentially useful to characterize the effects of the
substances in support of a request by the PMN submitter to modify the
Order, or if a manufacturer or processor is considering submitting a
SNUN for a significant new use that will be designated by this SNUR.
EPA has determined that the results of specific target organ toxicity
testing and an acute aquatic toxicity test of the PMN substances may be
potentially useful in characterizing the health and environmental
effects of the PMN 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 information that EPA determines is relevant and needed to
evaluate a modification request.
CFR citations: 40 CFR 721.11047 (P-16-534), 40 CFR 721.11048 (P-16-
535), and 40 CFR 721.11049 (P-16-536).
PMN Numbers: P-16-549, P-16-550, P-16-551, P-16-553, P-16-555, P-16-
556, P-16-557, P-16-558, P-16-560, P-16-561, P-16-562, P-16-563, P-16-
564, P-16-565, and P-16-567
Chemical names: Alkaline functionalized methacrylate-substituted
polymer (generic) (P-16-549, P-16-550, and P-16-551); Quatenary
alkylamine functionalized methacrylate-substituted polymer (generic)
(P-16-553); Neutral alcohol functionalized methacrylate-substituted
polymer (generic) (P-16-555 and P-16-556); Neutral alkyl salt
functionalized methacrylate-substituted polymer (generic) (P-16-557, P-
16-558, and P-16-560); Acid functionalized methacrylate-substituted
polymer (generic) (P-16-561, P-16-562, P-16-563, P-16-564, and P-16-
565); and Alkylamine functionalized methacrylate-substituted polymer
(generic) (P-16-567).
CAS numbers: Not available.
Effective date of TSCA section 5(e) Order: May 2, 2017.
Basis for TSCA section 5(e) Order: The PMN states the substances
will be use as crosslinked resins for chromatographic separation of
biomolecules and biocatalysts. Based on test data on structurally
similar respirable particles, EPA has identified concerns for lung
effects, including lung overload. EPA has also identified irritation
concerns for skin and eyes. The Order was issued under TSCA sections
5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I), based on insufficient
information to make a reasoned evaluation and a finding that the
substances may present an unreasonable risk of injury to human health.
To protect against these risks, the Order requires:
1. Use of personal protective equipment including impervious gloves
(where there is a potential for dermal exposure).
2. Manufacture of the PMN substances only in the physical form of
spherical beads and with less than 0.1% below a particle size of 10
microns.
3. No domestic manufacture of the PMN substances.
4. Process or use of the PMN substances only for the uses specified
in the Order.
The SNUR will designate as a ``significant new use'' the absence of
these protective measures.
Potentially useful information: EPA has determined that certain
information about the human health toxicity of the PMN substances may
be potentially useful to characterize the effects of the substances in
support of a request by the PMN submitter to modify the Order, or
[[Page 37712]]
if a manufacturer or processor is considering submitting a SNUN for a
significant new use that will be designated by this SNUR. EPA has
determined that the results of specific target organ toxicity testing
of the PMN substances may be potentially useful in characterizing the
health effects of the PMN substances. Although the Order does not
require this testing, 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 information that EPA determines is relevant
and needed to evaluate a modification request.
CFR citations: 40 CFR 721.11050.
PMN Number: P-16-579
Chemical name: Waste plastics, poly(ethylene terephthalate),
depolymd. with polypropylene glycol ether with glycerol (3:1), polymers
with alkenoic and alkanoic acids (generic).
CAS number: Not available.
Effective date of TSCA section 5(e) Order: March 13, 2017.
Basis for TSCA section 5(e) Order: The PMN states that the
substance will be used as an ultraviolet curable coating resin. Based
on test data on similar structural moieties, EPA has identified
concerns for dermal and respiratory sensitization and irritation of
mucous membranes. In addition, EPA has identified human health and
environmental concerns for the substance if made with lower molecular
weight due potential for increased absorption and solubility. The Order
was issued under TSCA sections 5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I),
based on insufficient information to make a reasoned evaluation and a
finding that the substances may present an unreasonable risk of injury
to human health and the environment. To protect against these risks,
the Order requires:
1. Use of personal protective equipment including gloves and
protective clothing (where there is a potential for dermal exposure).
2. Use of a NIOSH-certified full face respirator with an APF of at
least 50 (where there is a potential for inhalation exposure). (EPA's
estimates indicate that variations of the parameters (including batch
size, number of processing sites, days per year of operation) of the
uses identified below would not result in inhalation exposure that
would indicate a different respirator.)
3. Establishment and use of a hazard communication program,
including human health precautionary statements on each label and in
the SDS.
4. No manufacture of the PMN substance with an average molecular
weight less than 1,100 Daltons.
5. Use of the PMN substance only as an ultraviolet curable coating
resin.
The SNUR will designate as a ``significant new use'' the absence of
these protective measures.
Potentially useful information: EPA has determined that certain
information about the physical-chemical properties and human health and
aquatic toxicity of the PMN substance may be potentially useful to
characterize the effects of the substance in support of a request by
the PMN submitter to modify the Order, or if a manufacturer or
processor is considering submitting a SNUN for a significant new use
that will be designated by this SNUR. EPA has determined that
measurement of certain physical-chemical properties, the results of
specific target organ toxicity, reproductive/developmental toxicity,
sensitization, and acute and chronic aquatic toxicity testing may be
potentially useful in characterizing the health and environmental
effects of the PMN 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 information that EPA determines is relevant and needed to
evaluate a modification request.
CFR citation: 40 CFR 721.11051.
PMN Number: P-17-32
Chemical name: 1,3,5-Naphthalenetrisulfonic acid.
CAS number: 6654-64-4.
Effective date of TSCA section 5(e) Order: March 22, 2017.
Basis for TSCA section 5(e) Order: The PMN states that the generic
(non-confidential) use of the substance is for monitoring of oil/gas
well performance. Based on test data on an analog and physical/chemical
properties of the PMN substance, EPA has identified concerns for dermal
and respiratory irritation, developmental toxicity, and blood effects.
The Order was issued under TSCA sections 5(a)(3)(B)(ii)(I) and
5(e)(1)(A)(ii)(I), based on insufficient information to make a reasoned
evaluation and a finding that the substance may present an unreasonable
risk of injury to human health. To protect against these risks, the
Order requires:
1. Submission of certain toxicity testing on the PMN substance
prior to exceeding the confidential production volume limit as
specified in the Order.
2. Use of personal protective equipment including NIOSH-approved
respirator (APF 50) and impervious gloves (where there is a potential
for inhalation or dermal exposure). (EPA's estimates indicate that
variations of the parameters (including batch size, number of
processing sites, days per year of operation) of the uses identified
below would not result in inhalation exposure that would indicate a
different respirator.)
3. Establishment and use of a hazard communication program,
including human health precautionary statements on each label and in
the SDS.
4. No manufacture or processing of the PMN substance beyond a
confidential annual production volume specified in the Order.
5. No manufacture, processing, or use using application methods
that intentionally generate a vapor, mist or aerosol.
The SNUR will designate as a ``significant new use'' the absence of
these protective measures.
Potentially useful information: EPA has determined that certain
information about the human health toxicity of the PMN substance may be
potentially useful to characterize the effects of the PMN substance in
support of a request by the PMN submitter to modify the Order, or if a
manufacturer or processor is considering submitting a SNUN for a
significant new use that will be designated by this SNUR. The submitter
has agreed not to exceed the confidential production limit without
performing specific target organ toxicity and developmental toxicity
testing.
CFR citation: 40 CFR 721.11052.
PMN Numbers: P-17-33, P-17-34, P-17-36, P-17-38, P-17-39, P-17-41, P-
17-42, P-17-43, P-17-45, P-17-47, P-17-50, P-17-52, P-17-55, P-17-57,
P-17-59, P-17-61, P-17-62, P-17-63, P-17-64, P-17-66, P-17-67, P-17-69,
P-17-71, P-17-72, P-17-73, P-17-75, P-17-76, P-17-79, P-17-80, P-17-83,
P-17-85, P-17-87, P-17-90, P-17-91, P-17-93
[[Page 37713]]
Chemical Names and CAS Numbers
------------------------------------------------------------------------
Chemical name CAS No.
------------------------------------------------------------------------
Benzoic acid, 2-fluoro-, sodium salt (1:1) (P-17-33).. 6654-64-4
Benzoic acid, 4-fluoro-, sodium salt (1:1) (P-17-34).. 499-90-1
Benzoic acid, 2,3,4,5-tetrafluoro-, sodium salt (1:1) 67852-79-3
(P-17-36)............................................
Benzoic acid, 2-(trifluoromethyl)-, sodium salt (1:1) 2966-44-1
(P-17-38)............................................
Benzoic acid, 4-(trifluoromethyl)-, sodium salt (1:1) 25832-58-0
(P-17-39)............................................
Benzoic acid, 2,5-difluoro-, sodium salt (1:1) (P-17- 522651-42-9
41)..................................................
Benzoic acid, 3-fluoro-, sodium salt (1:1) (P-17-42).. 499-57-0
Benzoic acid, 2,6-difluoro-, sodium salt (1:1) (P-17- 6185-28-0
43)..................................................
Benzoic acid, 3,5-difluoro-, sodium salt (1:1) (P-17- 530141-39-0
45)..................................................
Benzoic acid, 2,4-difluoro-, sodium salt (1:1) (P-17- 1765-08-8
47)..................................................
Benzoic acid, 3,4-difluoro-, sodium salt (1:1) (P-17- 522651-44-1
50)..................................................
Benzoic acid, 3,4,5-trifluoro-, sodium salt (1:1) (P- 1180493-12-2
17-52)...............................................
Benzoic acid, 2,3,4-trifluoro-, sodium salt (1:1) (P- 402955-41-3
17-55)...............................................
Benzoic acid, 2,4,5-trifluoro-, sodium salt (1:1) (P- 522651-48-5
17-57)...............................................
Benzoic acid, 2,3-difluoro-, sodium salt (1:1) (P-17- 1604819-08-0
59)..................................................
Benzoic acid, 3-(trifluoromethyl)-, sodium salt (1:1) 69226-41-1
(P-17-61)............................................
Benzoic acid, 2-chloro-, sodium salt (1:1) (P-17-62).. 17264-74-3
Benzoic acid, 4-chloro-, sodium salt (1:1) (P-17-63).. 3686-66-6
Benzoic acid, 3-chloro-, sodium salt (1:1) (P-17-64).. 17264-88-9
Benzoic acid, 2,3-dichloro-, sodium salt (1:1) (P-17- 118537-84-1
66)..................................................
Benzoic acid, 2,5-dichloro-, sodium salt (1:1) (P-17- 63891-98-5
67)..................................................
Benzoic acid, 3,5-dichloro-, sodium salt (1:1) (P-17- 154862-40-5
69)..................................................
Benzoic acid, 2,6-dichloro-, sodium salt (1:1) (P-17- 10007-84-8
71)..................................................
Benzoic acid, 3,4-dichloro-, sodium salt (1:1) (P-17- 17274-10-1
72)..................................................
Benzoic acid, 2,4-dichloro-, sodium salt (1:1) (P-17- 38402-11-8
73)..................................................
Benzoic acid, 2-chloro-4-fluoro-, sodium salt (P-17- 855471-43-1
75)..................................................
Benzoic acid, 3-chloro-4-fluoro-, sodium salt (P-17- 1421761-18-3
76)..................................................
Benzoic acid, 5-chloro-2-fluoro-, sodium salt (P-17- 1382106-78-6
79)..................................................
Benzoic acid, 4-chloro-3-fluoro-, sodium salt (P-17- 1421029-88-0
80)..................................................
Benzoic acid, 4-chloro-2-fluoro-, sodium salt (P-17- 1382106-64-0
83)..................................................
Benzoic acid, 5-bromo-2-chloro-, sodium salt (P-17-85) 1938142-12-1
Benzoic acid, 3-bromo-4-fluoro-, sodium salt (P-17-87) 938142-13-2
Benzoic acid, 2-bromo-5-fluoro-, sodium salt (P-17-90) 1938142-14-3
Benzoic acid, 4-bromo-2-fluoro-, sodium salt (P-17-91) 1938142-15-4
Benzoic acid, 4-bromo-3-fluoro-, sodium salt (P-17-93) 1535169-81-3
------------------------------------------------------------------------
Effective date of TSCA section 5(e) Order: March 22, 2017.
Basis for TSCA section 5(e) Order: The PMNs state that the generic
(non-confidential) use of the substances are for monitoring of oil/gas
well performance. Based on test data on an analog, EPA has identified
concerns for reproductive, developmental and neuro-toxicity, as well as
lung toxicity and dermal irritation. The Order was issued under TSCA
sections 5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I), based on insufficient
information to make a reasoned evaluation and a finding that the
substances may present an unreasonable risk of injury to human health.
EPA assessed risks based on the specific manufacturing, processing,
use, process equipment, engineering controls, and handling practices
(including worker activities and cleaning procedures) described in the
PMN. To protect against these risks, the Order requires:
1. Submission of certain toxicity testing on the PMN substances
prior to exceeding the production volume limit as specified in the
Order.
2. Use of personal protective equipment including impervious gloves
(where there is a potential for dermal exposure).
3. Use of a NIOSH-certified respirator with an APF of at least 50
(where there is a potential for inhalation exposure) or compliance with
a NCEL of 0.0184 ppm as an 8-hour time-weighted average.
4. Use of processes, process equipment, engineering controls, and
handling practices specified in the Order for manufacturing and
processing.
5. Establishment and use of a hazard communication program,
including human health precautionary statements on each label and in
the SDS.
6. No manufacture or process of the PMN substances beyond a
confidential annual production volume specified in the Order.
The SNUR will designate as a ``significant new use'' the absence of
these protective measures.
Potentially useful information: EPA has determined that certain
information about the human health toxicity of the PMN substances may
be potentially useful to characterize the effects of the PMN substances
in support of a request by the PMN submitter to modify the Order, or if
a manufacturer or processor is considering submitting a SNUN for a
significant new use that will be designated by this SNUR. The submitter
has agreed not to exceed the confidential production limit without
performing specific target organ toxicity testing on P-17-0091.
CFR citations: 40 CFR 721.11053.
PMN Numbers: P-17-35, P-17-37, P-17-40, P-17-44, P-17-46, P-17-48, P-
17-51, P-17-53, P-17-54, P-17-56, P-17-58, P-17-60, P-17-65, P-17-68,
P-17-70, P-17-74, P-17-77, P-17-78, P-17-81, P-17-82, P-17-84, P-17-88,
P-17-89, P-17-92, P-17-97
[[Page 37714]]
Chemical Names and CAS Numbers
------------------------------------------------------------------------
Chemical Name CAS No.
------------------------------------------------------------------------
Benzoic acid, 2,3,4,5-tetrafluoro- (P-17-35).......... 1201-31-6
Benzoic acid, 2-(trifluoromethyl)- (P-17-37).......... 433-97-6
Benzoic acid, 2,5-difluoro- (P-17-40)................. 2991-28-8
Benzoic acid, 2,6-difluoro- (P-17-44)................. 385-00-2
Benzoic acid, 3,5-difluoro- (P-17-46)................. 455-40-3
Benzoic acid, 2,4-difluoro- (P-17-48)................. 1583-58-0
Benzoic acid, 3,4-difluoro- (P-17-51)................. 455-86-7
Benzoic acid, 3,4,5-trifluoro- (P-17-53).............. 121602-93-5
Benzoic acid, 2,3,4-trifluoro- (P-17-54).............. 61079-72-9
Benzoic acid, 2,4,5-trifluoro- (P-17-56).............. 446-17-3
Benzoic acid, 2,3-difluoro- (P-17-58)................. 4519-39-5
Benzoic acid, 3-(trifluoromethyl)- (P-17-60).......... 454-92-2
Benzoic acid, 2,3-dichloro- (P-17-65)................. 50-45-3
Benzoic acid, 3,5-dichloro- (P-17-68)................. 51-36-5
Benzoic acid, 2,6-dichloro- (P-17-70)................. 50-30-6
Benzoic acid, 2-chloro-4-fluoro- (P-17-74)............ 2252-51-9
Benzoic acid, 5-chloro-2-fluoro- (P-17-77)............ 394-30-9
Benzoic acid, 3-chloro-4-fluoro- (P-17-78)............ 403-16-7
Benzoic acid, 4-chloro-3-fluoro- (P-17-81)............ 403-17-8
Benzoic acid, 4-chloro-2-fluoro- (P-17-82)............ 446-30-0
Benzoic acid, 5-bromo-2-chloro- (P-17-84)............. 21739-92-4
Benzoic acid, 3-bromo-4-fluoro- (P-17-88)............. 11007-16-5
Benzoic acid, 2-bromo-5-fluoro- (P-17-89)............. 394-28-5
Benzoic acid, 4-bromo-3-fluoro- (P-17-92)............. 153556-42-4
Benzoic acid, 4-bromo-2-fluoro- (P-17-97)............. 112704-79-7
------------------------------------------------------------------------
Effective date of TSCA section 5(e) Order: March 22, 2017.
Basis for TSCA section 5(e) Order: The PMNs state that the generic
(non-confidential) use of the substances are for monitoring of oil/gas
well performance. Based on test data on an analog, EPA has identified
concerns for reproductive, developmental and neuro-toxicity, as well as
lung toxicity and dermal irritation. The Order was issued under TSCA
sections 5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I), based on insufficient
information to make a reasoned evaluation and a finding that the
substances may present an unreasonable risk of injury to human health.
EPA assessed risks based on the specific manufacturing, processing,
use, process equipment, engineering controls, and handling practices
(including worker activities and cleaning procedures) described in the
PMN. To protect against these risks, the Order requires:
1. Submission of certain toxicity testing on the PMN substances
prior to exceeding the production volume limit as specified in the
Order.
2. Use of personal protective equipment including impervious gloves
(where there is a potential for dermal exposure).
3. Use of a NIOSH-certified respirator with an APF of at least 50
(where there is a potential for inhalation exposure) or compliance with
a NCEL of 0.0184 ppm as an 8-hour time-weighted average to prevent
inhalation exposure.
4. Use of processes, process equipment, engineering controls, and
handling practices specified in the Order for manufacturing and
processing.
5. Establishment and use of a hazard communication program,
including human health precautionary statements on each label and in
the SDS.
6. No manufacture or process of the PMN substances beyond a
confidential annual production volume specified in the Order.
The SNUR will designate as a ``significant new use'' the absence of
these protective measures.
Potentially useful information: EPA has determined that certain
information about the human health toxicity of the PMN substances may
be potentially useful to characterize the effects of the PMN substances
in support of a request by the PMN submitter to modify the Order, or if
a manufacturer or processor is considering submitting a SNUN for a
significant new use that will be designated by this SNUR. The submitter
has agreed not to exceed the confidential production limit without
performing specific target organ toxicity and reproductive/
developmental toxicity testing on both P-17-35 and P-17-37.
CFR citations: 40 CFR 721.11054.
PMN Numbers: P-17-94, P-17-95, P-17-96, P-17-98, P-17-99, P-17-100, P-
17-101, P-17-102, P-17-103, P-17-104, P-17-105, P-17-114, P-17-122, P-
17-123, P-17-124, P-17-125, P-17-126, P-17-127, P-17-128, P-17-129, P-
17-130, P-17-131, P-17-132, P-17-133, P-17-134, P-17-135, P-17-136, P-
17-137, P-17-138, P-17-139, and P-17-140
Chemical Names and CAS Numbers
------------------------------------------------------------------------
Chemical name CAS No.
------------------------------------------------------------------------
Benzoic acid, 2,3,4,5-tetrafluoro-, ethyl ester (P-17- 122894-73-9
94)..................................................
Benzoic acid, 4-(trifluoromethyl)-, ethyl ester (P-17- 583-02-8
95)..................................................
Benzoic acid, 2-(trifluoromethyl)-, ethyl ester (P-17- 577-62-8
96)..................................................
Benzoic acid, 2,6-difluoro-, ethyl ester (P-17-98).... 19064-14-3
Benzoic acid, 2,5-difluoro-, ethyl ester (P-17-99).... 708-25-8
Benzoic acid, 2,3,4-trifluoro-, ethyl ester (P-17-100) 351354-50-2
Benzoic acid, 2-bromo-5-fluoro-, ethyl ester (P-17- 351354-50-2
101).................................................
Benzoic acid, 3,5-difluoro-, ethyl ester (P-17-102)... 350-19-6
[[Page 37715]]
Benzoic acid, 5-bromo-2-chloro-, ethyl ester (P-17- 76008-73-6
103).................................................
Benzoic acid, 3-chloro-, ethyl ester (P-17-104........ 1128-76-3
Benzoic acid, 2-chloro-, ethyl ester (P-17-105)....... 7335-25-3
Benzoic acid, 3-chloro-4-fluoro-, ethyl ester (P-17- 137521-81-4
114).................................................
Benzoic acid, 4-bromo-2-fluoro-, ethyl ester (P-17- 474709-71-2
122).................................................
Benzoic acid, 2-bromo-4,5-difluoro-, ethyl ester (P-17- 144267-97-0
123).................................................
Benzoic acid, 4-bromo-3-fluoro-, ethyl ester (P-17- 1130165-74-0
124).................................................
Benzoic acid, 3-bromo-4-fluoro-, ethyl ester (P-17- 23233-33-2
125).................................................
Benzoic acid, 4-chloro-2-fluoro-, ethyl ester (P-17- 4793-20-8
126).................................................
Benzoic acid, 2,5-dichloro-, ethyl ester (P-17-127)... 35112-27-7
Benzoic acid, 4-chloro-3-fluoro-, ethyl ester (P-17- 203573-08-4
128).................................................
Benzoic acid, 2-chloro-4-fluoro-, ethyl ester (P-17- 167758-87-4
129).................................................
Benzoic acid, 5-chloro-2-fluoro-, ethyl ester (P-17- 773139-56-3
130).................................................
Benzoic acid, 2,4-difluoro-, ethyl ester (P-17-131)... 108928-00-3
Benzoic acid, 3,4-difluoro-, ethyl ester (P-17-132)... 144267-96-9
Benzoic acid, 3,4,5-trifluoro-, ethyl ester (P-17-133) 495405-09-9
Benzoic acid, 2,4,5-trifluoro-, ethyl ester (P-17-134) 351354-41-1
Benzoic acid, 3-(trifluoromethyl)-, ethyl ester (P-17- 76783-59-0
135).................................................
Benzoic acid, 2,3-difluoro-, ethyl ester (P-17-136)... 773134-65-9
Benzoic acid, 2,6-dichloro-, ethyl ester (P-17-137)... 81055-73-4
Benzoic acid, 3,5-dichloro-, ethyl ester (P-17-138)... 91085-56-2
Benzoic acid, 2,4-dichloro-, ethyl ester (P-17-139)... 56882-52-1
Benzoic acid, 3,4-dichloro-, ethyl ester (P-17-140)... 28394-58-3
------------------------------------------------------------------------
Effective date of TSCA section 5(e) Order: March 22, 2017.
Basis for TSCA section 5(e) Order: The PMNs state that the
substances are for monitoring oil/gas well performance. Based on test
data on an analog, EPA has identified concerns for reproductive,
developmental and neuro-toxicity, as well as lung toxicity and dermal
irritation. Further, based on SAR analysis of test data on analogous
neutral organics, EPA predicts toxicity to aquatic organisms may occur
at concentrations that exceed 15 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 insufficient information to make a reasoned
evaluation and a finding that the substances may present an
unreasonable risk of injury to human health and the environment. EPA
assessed risks based on the specific manufacturing, processing, use,
process equipment, engineering controls, and handling practices
(including worker activities and cleaning procedures) described in the
PMNs. To protect against these risks, the Order requires:
1. Submission of certain toxicity testing on the PMN substances
prior to exceeding the production volume limit as specified in the
Order.
2. Use of personal protective equipment including impervious gloves
(where there is a potential for dermal exposure).
3. Use of a NIOSH-certified respirator with an APF of at least
1,000 (where there is a potential for inhalation exposure) or
compliance with a NCEL of 0.0184 ppm as an 8-hour time-weighted
average.
4. Use of processes, process equipment, engineering controls, and
handling practices specified in the Order for manufacturing and
processing.
5. Establishment and use of a hazard communication program,
including human health precautionary statements on each label and in
the SDS.
6. No manufacture or process of the PMN substances beyond a
confidential annual production volume specified in the Order.
7. No release of the PMN substances resulting in surface water
concentrations that exceed 15 ppb.
The SNUR will designate as a ``significant new use'' the absence of
these protective measures.
Potentially useful information: EPA has determined that certain
information about the human health and aquatic toxicity of the PMN
substances may be potentially useful to characterize the effects of the
PMN substances in support of a request by the PMN submitter to modify
the Order, or if a manufacturer or processor is considering submitting
a SNUN for a significant new use that will be designated by this SNUR.
The submitter has agreed not to exceed the confidential production
limit without performing specific target organ toxicity and
reproductive/developmental toxicity testing on P-17-127; specific
target organ toxicity testing on P-17-101; and acute aquatic toxicity
testing on both P-17-101 and P-17-127.
CFR citations: 40 CFR 721.11055.
PMN Number: P-17-198
Chemical name: Neodymium aluminium alkyl polymer complexes
(generic).
CAS number: Not available.
Effective date of TSCA section 5(e) Order: April 27, 2017.
Basis for TSCA section 5(e) Order: The PMN states the generic (non-
confidential) use of the substance will be as a catalyst in a closed
process. Based on physical/chemical properties of the substance and
test data on the PMN substance, EPA has identified concerns for dermal
and respiratory irritation, corrosion, developmental toxicity, and lung
effects. The Order was issued under TSCA sections 5(a)(3)(B)(ii)(I) and
5(e)(1)(A)(ii)(I), based on insufficient information to make a reasoned
evaluation and a finding that the substance may present an unreasonable
risk of injury to human health. To protect against these risks, the
Order requires:
1. Submission of glove permeation testing on the PMN substance
prior to exceeding the production volume limit as specified in the
Order.
2. Use of personal protective equipment including impervious gloves
(where there is a potential for dermal exposure).
3. Establishment and use of a hazard communication program,
including human health precautionary statements on each label and in
the SDS.
4. No domestic manufacture of the PMN substance.
5. No use in any manner or method where there is potential for
inhalation exposure.
[[Page 37716]]
6. Use of the PMN substance in a closed system as specified in the
PMN.
The SNUR will designate as a ``significant new use'' the absence of
these protective measure.
Potentially useful information: EPA has determined that the results
of glove permeability testing will help characterize the effectiveness
of protective measures to mitigate human health risk of the PMN
substance in support of a request by the PMN submitter to modify the
Order, or if a manufacturer or processor is considering submitting a
SNUN for a significant new use that will be designated by this SNUR.
The submitter has agreed not to manufacture beyond a certain time
period without performing glove permeability testing.
CFR citation: 40 CFR 721.11056.
PMN Numbers: P-17-272, P-17-273, P-17-274, P-17-275, P-17-276 and P-17-
277
Chemical name: Fatty acid amide alkyl amine salts (generic).
CAS numbers: Not available.
Effective date of TSCA section 5(e) Order: August 4, 2017.
Basis for TSCA section 5(e) Order: The PMNs state that the generic
(non-confidential) use of the substances will be as a component in
asphalt emulsion. Based on SAR analysis of test data on analogous
substances, EPA has identified concerns for dermal and respiratory
irritation, corrosion, developmental toxicity, systemic effect,
sensitization and lung effects. The Order was issued under TSCA
sections 5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I), based on insufficient
information to make a reasoned evaluation and a finding that the
substances may present an unreasonable risk of injury to human health
and environment. To protect against these risks, the Order requires:
1. Use of the PMN substances only for the use specified in the
Order.
2. Use of personal protective equipment for workers exposed
dermally to the PMN substances (including impervious gloves, chemical
goggles or equivalent eye protection and clothing which covers any
other exposed areas of the arms and torso).
3. No modification of the manufacture, process or use of the PMN
substances if it results in inhalation exposure to vapor, dust, mist or
aerosol.
4. Establishment and use of a hazard communication program,
including human health precautionary statements on each label and in
the SDS.
5. No release of the PMN substances into the waters of the United
States.
The SNUR will designate as a ``significant new use'' the absence of
these protective measures.
Potentially useful information: EPA has determined that certain
information about the human health and aquatic toxicity of the PMN
substances may be potentially useful to characterize the effects of the
PMN substances in support of a request by the PMN submitter to modify
the Order, or if a manufacturer or processor is considering submitting
a SNUN for a significant new use that will be designated by this SNUR.
EPA has determined that the results of specific target organ toxicity
testing of the PMN substances, and acute and chronic aquatic toxicity
testing of the PMN substances may be potentially useful in
characterizing the health and environmental effects of the PMN
substances. Although the Order does not require these tests, the
Order's restrictions on manufacture, processing and distribution in
commerce, will remain in effect until the Order is modified or revoked
by EPA based on submission of this or other information that EPA
determines is relevant and needed to evaluate a modification request.
CFR citations: 40 CFR 721.11057.
PMN Numbers: P-17-278, P-17-279 and P-17-280
Chemical name: Fatty acid amide alkyl amine salts (generic).
CAS numbers: Not available.
Effective date of TSCA section 5(e) Order: August 4, 2017.
Basis for TSCA section 5(e) Order: The PMNs state that the generic
(non-confidential) use of the substances will be as a component in
asphalt emulsion. Based on SAR analysis of test data on analogous
substances, EPA has identified concerns for irritation, corrosion,
developmental toxicity, systemic effect, sensitization and lung
effects. The Order was issued under TSCA sections 5(a)(3)(B)(ii)(I) and
5(e)(1)(A)(ii)(I), based on insufficient information to make a reasoned
evaluation and a finding that the substances may present an
unreasonable risk of injury to human health and environment. To protect
against these risks, the Order requires:
1. Use of the PMN substances only for the use specified in the
Order.
2. Use of personal protective equipment for workers exposed
dermally to the PMN substances (including impervious gloves, chemical
goggles or equivalent eye protection and clothing which covers any
other exposed areas of the arms and torso).
3. No modification of the manufacture, process or use of the PMN
substances if it results in inhalation exposure to vapor, dust, mist or
aerosol.
4. Establishment and use of a hazard communication program,
including human health precautionary statements on each label and in
the SDS.
5. No release of the PMN substances into the waters of the United
States.
The SNUR will designate as a ``significant new use'' the absence of
these protective measures.
Potentially useful information: EPA has determined that certain
information about the human health and aquatic toxicity of the PMN
substances may be potentially useful to characterize the effects of the
PMN substances in support of a request by the PMN submitter to modify
the Order, or if a manufacturer or processor is considering submitting
a SNUN for a significant new use that will be designated by this SNUR.
EPA has determined that the results of specific target organ toxicity
testing and acute and chronic aquatic toxicity testing of the PMN
substances may be potentially useful in characterizing the health and
environmental effects of the PMN substances. Although the Order does
not require these tests, the Order's restrictions on manufacture,
processing and distribution in commerce will remain in effect until the
Order is modified or revoked by EPA based on submission of this or
other information that EPA determines is relevant and needed to
evaluate a modification request.
CFR citations: 40 CFR 721.11058.
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 145
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 SNURs identify as significant new uses any manufacturing,
processing, use, distribution in commerce, or disposal that does not
conform to the restrictions imposed by the underlying Orders,
consistent with TSCA section 5(f)(4).
[[Page 37717]]
B. Objectives
EPA is issuing these SNURs for specific chemical substances which
have undergone premanufacture review because the Agency wants to
achieve the following objectives with regard to the significant new
uses designated in this rule:
EPA will receive notice of any person's intent to
manufacture or process a listed chemical substance for the described
significant new use before that activity begins.
EPA will have an opportunity to review and evaluate data
submitted in a SNUN before the notice submitter begins manufacturing or
processing a listed chemical substance for the described significant
new use.
EPA will be able to 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 described significant new use of the chemical
substance occurs.
EPA will identify as significant new uses any
manufacturing, processing, use, distribution in commerce, or disposal
that does not conform to the restrictions imposed by the underlying
Orders, consistent with TSCA section 5(f)(4).
Issuance of a SNUR for a chemical substance does not signify that
the chemical substance is listed on the TSCA Chemical Substance
Inventory (TSCA Inventory). Guidance on how to determine if a chemical
substance is on the TSCA Inventory is available on the internet at
https://www.epa.gov/opptintr/existingchemicals/pubs/tscainventory/.
VI. Direct Final Procedures
EPA is issuing these SNURs as a direct final rule. The effective
date of this rule is October 1, 2018 without further notice, unless EPA
receives written adverse comments before August 31, 2018.
If EPA receives written adverse comments on one or more of these
SNURs before August 31, 2018, EPA will withdraw the relevant sections
of this direct final rule before its effective date.
This rule establishes SNURs for a number of chemical substances.
Any person who submits adverse 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 all of the chemical substances, and the PMN submitters
are prohibited by the TSCA section 5(e) consent orders from undertaking
activities which will be designated as significant new uses. The
identities of 38 of the 145 chemical substances subject to this rule
have been claimed as confidential and EPA has received one post-PMN
bona fide submission (per Sec. Sec. 720.25 and 721.11) for a chemical
substance covered by this action. 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 August 1, 2018 (the date of public
release of this rule) as the cutoff date for determining whether the
new use is ongoing. 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 on occasion
posting rules on its website a week or more in advance of Federal
Register publication, this objective could be thwarted even before that
publication.
Persons who begin commercial manufacture or processing of the
chemical substances for a significant new use identified as of that
date will have to cease any such activity upon the effective date of
the final rule. To resume their activities, these persons will have to
first comply with all applicable SNUR notification requirements and
wait 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.
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: Development of test data
is required where the chemical substance subject to the SNUR is also
subject to a rule, order or consent agreement under TSCA section 4 (see
TSCA section 5(b)(1)).
In the absence of a TSCA section 4 test rule 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 40 CFR 720.50). However, upon
review of PMNs and SNUNs, the Agency has the authority to require
appropriate testing. Unit IV. lists potentially useful information for
all of the listed SNURs. Descriptions of this information is provided
for informational purposes. EPA strongly encourages persons, before
performing any testing, to consult with the Agency pertaining to
protocol selection. Furthermore, pursuant to TSCA section 4(h), which
pertains to reduction of testing in vertebrate animals, EPA encourages
consultation with the Agency on the use of alternative test methods and
strategies (also called New Approach Methodologies, or NAMs), if
available, to generate the recommended test data. EPA encourages dialog
with Agency representatives to help determine how best the submitter
can meet both the data needs and the objective of TSCA section 4(h). 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 certain of 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
specified tests that would permit a reasoned evaluation of the
[[Page 37718]]
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. The SNURs contain the same production volume limits
as the TSCA section 5(e) consent orders. Exceeding these production
limits is defined as a significant new use. Persons who intend to
exceed the production limit must notify the Agency by submitting a SNUN
at least 90 days in advance of commencement of non-exempt commercial
manufacture or processing.
Any request by EPA for the triggered and pended testing described
in the Consent Orders was made based on EPA's consideration of
available screening-level data, if any, as well as other available
information on appropriate testing for the PMN substances. Further, any
such testing request on the part of EPA that includes testing on
vertebrates was made after consideration of available toxicity
information, computational toxicology and bioinformatics, and high-
throughput screening methods and their prediction models.
The potentially useful information identified 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 or other
information 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 generate useful information.
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.
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.
[emsp14]721.1725(b)(1) with that under Sec. [emsp14]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. [emsp14]721.1(c), persons submitting a SNUN must
comply with the same notification requirements and EPA regulatory
procedures as persons submitting a PMN, including submission of test
data on health and environmental effects as described in 40 CFR 720.50.
SNUNs must be submitted on EPA Form No. 7710-25, generated using e-PMN
software, and submitted to the Agency in accordance with the procedures
set forth in 40 CFR 720.40 and Sec. 721.25. E-PMN software is
available electronically at https://www.epa.gov/opptintr/newchems.
XI. Economic Analysis
EPA has evaluated the potential costs of establishing SNUN
requirements for potential manufacturers and processors of the chemical
substances subject to this rule. EPA's complete economic analysis is
available in the docket under docket ID number EPA-HQ-OPPT-2017-0366.
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 and 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
[[Page 37719]]
includes the time needed to review instructions, search existing data
sources, gather and maintain the data needed, and complete, review, and
submit the required SNUN.
Send any comments about the accuracy of the burden estimate, and
any suggested methods for minimizing respondent burden, including
through the use of automated collection techniques, to the Director,
Collection Strategies Division, Office of Environmental Information
(2822T), Environmental Protection Agency, 1200 Pennsylvania Ave. NW,
Washington, DC 20460-0001. Please remember to include the OMB control
number in any correspondence, but do not submit any completed forms to
this address.
C. Regulatory Flexibility Act (RFA)
On February 18, 2012, EPA certified pursuant to RFA section 605(b)
(5 U.S.C. 601 et seq.), that promulgation of a SNUR does not have a
significant economic impact on a substantial number of small entities
where the following are true:
1. A significant number of SNUNs would not be submitted by small
entities in response to the SNUR.
2. The SNUR submitted by any small entity would not cost
significantly more than $8,300.
A copy of that certification is available in the docket for this
action.
This action is within the scope of the February 18, 2012
certification. Based on the Economic Analysis discussed in Unit XI. and
EPA's experience promulgating SNURs (discussed in the certification),
EPA believes that the following are true:
A significant number of SNUNs would not be submitted by
small entities in response to the SNUR.
Submission of the SNUN would not cost any small entity
significantly more than $8,300.
Therefore, the promulgation of the SNUR would not have a
significant economic impact on a substantial number of small entities.
D. Unfunded Mandates Reform Act (UMRA)
Based on EPA's experience with proposing and finalizing SNURs,
State, local, and Tribal governments have not been impacted by these
rulemakings, and EPA does not have any reasons to believe that any
State, local, or Tribal government will be impacted by this action. As
such, EPA has determined that this action does not impose any
enforceable duty, contain any unfunded mandate, or otherwise have any
effect on small governments subject to the requirements of UMRA
sections 202, 203, 204, or 205 (2 U.S.C. 1501 et seq.).
E. Executive Order 13132
This action will not have a substantial direct effect on States, on
the relationship between the national government and the States, or on
the distribution of power and responsibilities among the various levels
of government, as specified in Executive Order 13132, entitled
``Federalism'' (64 FR 43255, August 10, 1999).
F. Executive Order 13175
This action does not have Tribal implications because it is not
expected to have substantial direct effects on Indian Tribes. This
action does not significantly nor uniquely affect the communities of
Indian Tribal governments, nor does it involve or impose any
requirements that affect Indian Tribes. Accordingly, the requirements
of Executive Order 13175, entitled ``Consultation and Coordination with
Indian Tribal Governments'' (65 FR 67249, November 9, 2000), do not
apply to this action.
G. Executive Order 13045
This action is not subject to Executive Order 13045, entitled
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), because this is not an
economically significant regulatory action as defined by Executive
Order 12866, and this action does not address environmental health or
safety risks disproportionately affecting children.
H. Executive Order 13211
This action is not subject to Executive Order 13211, entitled
``Actions Concerning Regulations That 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 19, 2018.
Jeffery T. Morris,
Director, 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. [emsp14]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
------------------------------------------------------------------------
* * * * *
721.11024............................................... 2070-0012
[[Page 37720]]
721.11025............................................... 2070-0012
721.11026............................................... 2070-0012
721.11027............................................... 2070-0012
721.11028............................................... 2070-0012
721.11029............................................... 2070-0012
721.11030............................................... 2070-0012
721.11031............................................... 2070-0012
721.11032............................................... 2070-0012
721.11033............................................... 2070-0012
721.11034............................................... 2070-0012
721.11035............................................... 2070-0012
721.11036............................................... 2070-0012
721.11037............................................... 2070-0012
721.11038............................................... 2070-0012
721.11039............................................... 2070-0012
721.11040............................................... 2070-0012
721.11041............................................... 2070-0012
721.11042............................................... 2070-0012
721.11043............................................... 2070-0012
721.11044............................................... 2070-0012
721.11045............................................... 2070-0012
721.11046............................................... 2070-0012
721.11047............................................... 2070-0012
721.11048............................................... 2070-0012
721.11049............................................... 2070-0012
721.11050............................................... 2070-0012
721.11051............................................... 2070-0012
721.11052............................................... 2070-0012
721.11053............................................... 2070-0012
721.11054............................................... 2070-0012
721.11055............................................... 2070-0012
721.11056............................................... 2070-0012
721.11057............................................... 2070-0012
721.11058............................................... 2070-0012
* * * * *
------------------------------------------------------------------------
* * * * *
PART 721--[AMENDED]
0
3. The authority citation for part 721 continues to read as follows:
Authority: 15 U.S.C. 2604, 2607, and 2625(c).
0
4. Add Sec. [emsp14]721.11024 to subpart E to read as follows:
Sec. 721.11024 Polyphosphoric acids, 2-[alkyl-1-oxo-2-propen-1-
yl)oxy]ethyl esters, compds. with N-(aminoiminomethyl)urea (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
polyphosphoric acids, 2-[alkyl-1-oxo-2-propen-1-yl)oxy]ethyl esters,
compds. with N-(aminoiminomethyl)urea (PMN P-14-472) 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), (3), and (c).
(ii) Hazard communication. Requirements as specified in Sec.
721.72(a) through (f), (g)(1)(i), (ii), (sensitization), (g)(2)(i),
(v), (g)(3)(i), (ii), (g)(4)(i), 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(h), (q), and (y)(1). It is a significant
new use to have manufacturing activities that result in inhalation
exposure.
(iv) Release to water. Requirements as specified in Sec.
721.90(a)(4), (b)(4), and (c)(4) where N = 3.
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph.
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (i) and (k) are applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
(3) Determining whether a specific use is subject to this section.
The provisions of Sec. 721.1725(b)(1) apply to paragraph (a)(2)(iii)
of this section.
0
5. Add Sec. [emsp14]721.11025 to subpart E to read as follows:
Sec. 721.11025 Polyphosphoric acids, 2-[(2-methyl-1-oxo-2-propen-1-
yl)oxy]ethyl esters, compds. with alkyl amino, polymers with Bu
acrylate, N-(hydroxymethyl)propenamide and styrene (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
polyphosphoric acids, 2-[(2-methyl-1-oxo-2-propen-1-yl)oxy]ethyl
esters, compds. with alkyl amino, polymers with Bu acrylate, N-
(hydroxymethyl)propenamide and styrene (PMN P-14-496) 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), (3), and (c).
(ii) Hazard communication. Requirements as specified in Sec.
721.72(a), through (f), (g)(1)(i), (ii), (sensitization), (g)(2)(i),
(v), (g)(3)(i), (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.
(iii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(k), (q) and (y)(1). It is a significant
new use to have manufacturing activities that result in inhalation
exposure.
(iv) Release to water. Requirements as specified in Sec.
721.90(a)(4), (b)(4), and (c)(4) where N = 4.
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph.
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (i) and (k) are applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
(3) Determining whether a specific use is subject to this section.
The provisions of Sec. 721.1725(b)(1) apply to paragraph (a)(2)(iii)
of this section.
0
6. Add Sec. [emsp14]721.11026 to subpart E to read as follows:
Sec. 721.11026 Bismuth bromide iodide oxide.
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified as bismuth bromide
iodide oxide (PMN P-14-630, CAS No. 340181-06-8) 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 after they have been reacted
(cured).
(2) The significant new uses are:
(i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(4), when determining which persons are reasonably likely to
be exposed as required for Sec. 721.63(a)(4), engineering control
measures (e.g., enclosure or confinement of the operation, general and
local ventilation) or administrative control measures (e.g., workplace
policies and procedures) shall be considered and implemented to prevent
exposure, where feasible, (a)(5)(respirators must provide a National
Institute for Occupational Safety and Health (NIOSH) assigned
protection factor (APF) of at least 10), (a)(6)(i) (particulate), (b)
(concentration set at 1.0%), and (c).
(A) As an alternative to the respirator requirements in paragraph
(a)(2)(i) of this section, a manufacturer or processor may choose to
follow the new chemical exposure limit (NCEL) provision listed in the
TSCA section 5(e) Order for this substance. The NCEL is 2.4 mg/m\3\ as
an 8-hour time weighted average. Persons who wish to pursue NCELs as an
alternative to Sec. 721.63 respirator requirements may request to do
so
[[Page 37721]]
under Sec. 721.30. Persons whose Sec. 721.30 requests to use the
NCELs approach are approved by EPA will be required to follow NCELs
provisions comparable to those contained in the corresponding TSCA
section 5(e) Order.
(B) [Reserved]
(ii) Hazard communication. Requirements as specified in Sec.
721.72(a) through (e) (concentration set at 1.0%), (f), (g)(1)(ii),
(g)(2)(ii), (use respiratory protection or maintain workplace airborne
concentrations at or below an 8-hour time-weighted average of 2.4 mg/
m\3\), 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 vary or
alter, the manufacturing, processing, and use, distribution/
transportation, treatment and disposal processes, process equipment,
engineering controls, and handling practices (including worker
activities and cleaning procedures) described in the PMN in such a way
as to change the magnitude of inhalation exposure. It is a significant
new use to use the substance for a consumer product that generates a
dust, mist, or aerosol.
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph.
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (d), and (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.
(3) Determining whether a specific use is subject to this section.
The provisions of Sec. 721.1725(b)(1) apply to paragraph (a)(2)(iii)
of this section.
0
7. Add Sec. [emsp14]721.11027 to subpart E to read as follows:
Sec. 721.11027 Aluminum cobalt lithium nickel oxide.
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified as aluminum cobalt
lithium nickel oxide (PMN P-15-450, CAS No. 177997-13-6) is subject to
reporting under this section for the significant new uses described in
paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1), (3), (4), 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, (a)(5)
(respirators must provide a National Institute for Occupational Safety
and Health (NIOSH) assigned protection factor (APF) of at least 1,000),
(a)(6) (particulate) (b) (concentration set at 0.1%), and (c). It is a
significant new use to manufacture or process the substance without the
chemical transfer processes and air ventilation processes described in
the PMN and the exposure monitoring requirements described in the
Order.
(A) As an alternative to the respirator requirements in paragraph
(a)(2)(i) of this section, a manufacturer or processor may choose to
follow the new chemical exposure limit (NCEL) provision listed in the
TSCA section 5(e) Order for this substance. The NCEL is 0.000092 mg/
m\3\ as an 8-hour time weighted average. Persons who wish to pursue
NCELs as an alternative to Sec. 721.63 respirator requirements may
request to do so under Sec. 721.30. Persons whose Sec. 721.30
requests to use the NCELs approach are approved by EPA will be required
to follow NCELs provisions comparable to those contained in the
corresponding TSCA section 5(e) Order.
(B) [Reserved]
(ii) Hazard communication. Requirements as specified in Sec.
721.72(a) through (e) (concentration set 0.1%), (f), (g)(1)(ii), (This
substance may cause damage to the lung, kidney, and spleen),
(g)(1)(vii), (g)(2)(i), (ii), (iii), (When using this substance wear
protective gloves/protective clothing/eye protection/face protection),
the following human health precautionary statement must appear on the
SDS as specified in paragraph (a)(2)(ii): (When using this substance
use respiratory protection or maintain workplace airborne
concentrations at or below an 8-hour time-weighted average of 0.000092
mg/m\3\), (g)(2)(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(p) (24 months and 6 years).
(iv) Disposal. Requirements as specified in Sec. 721.85(a)(2),
(b)(2), and (c)(2). It is a significant new use to release this
chemical substance to air unless using the chemical transfer and air
ventilation processes described in P-15-0450 including filtering
through a high-efficiency particular air filter with an efficiency rate
of 99.99% before release to air.
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph.
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (j) are applicable to manufacturers and processors
of this substance.
(2) Limitations or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
(3) Determining whether a specific use is subject to this section.
The provisions of Sec. 721.1725(b)(1) apply to paragraph (a)(2)(iii)
of this section.
0
8. Add Sec. [emsp14]721.11028 to subpart E to read as follows:
Sec. 721.11028 Alkylarylamine (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
alkylarylamine (PMN P-15-705) 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), (iii), (a)(3), and (4), 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, (a)(5) (respirators must provide a National Institute
for Occupational Safety and Health (NIOSH) assigned protection factor
(APF) of at least 1,000), (a)(6)(particulate), (a)(6)(v), (vi), (b)
(concentration set at 0.1%), and (c).
(A) As an alternative to the respirator requirements in paragraph
(a)(2)(i) of this section, a manufacturer or processor may choose to
follow the new chemical exposure limit (NCEL) provision listed in the
TSCA section 5(e) Order for this substance. The NCEL is 0.48 mg/m\3\ as
an 8-hour time weighted average. Persons who wish to pursue NCELs as an
alternative to Sec. 721.63 respirator requirements may request to do
so under Sec. 721.30. Persons whose Sec. 721.30 requests to use the
NCELs approach are
[[Page 37722]]
approved by EPA will be required to follow NCELs provisions comparable
to those contained in the corresponding TSCA section 5(e) Order.
(B) [Reserved]
(ii) Hazard communication. Requirements as specified in Sec.
721.72(a) through (e) (concentration set at 0.1%), (f), (g)(1)(i),
(ii), (iv), (vi), (vii), (ix), (g)(2)(i), (ii), (iii), (use respiratory
protection or maintain workplace airborne concentrations at or below an
8-hour time-weighted average of 0.48 mg/m\3\), (g)(2)(v), (g)(3)(ii),
(g)(4)(i), 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(o) and (q). It is a significant new use to
use the substance other than as a chemical intermediate or as an
additive and octane booster in aviation fuels.
(iv) Release to water. Requirements as specified in Sec.
721.90(a)(4), (b)(4), and (c)(4) where N = 1.
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph.
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (i), and (k) are applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
(3) Determining whether a specific use is subject to this section.
The provisions of Sec. 721.1725(b)(1) apply to paragraph (a)(2)(iii)
of this section.
0
9. Add Sec. [emsp14]721.11029 to subpart E to read as follows:
Sec. 721.11029 Aliphatic N-alkyl urea polymer containing cyclohexyl
groups and trimethoxy silanes (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
aliphatic N-alkyl urea polymer containing cyclohexyl groups and
trimethoxy silanes (PMN P-15-706) 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 after they have been reacted (cured).
(2) The significant new uses are:
(i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1), (a)(2)(i),(iii), (iv), (a)(3) and (4), 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, (a)(5) (respirators must provide a National Institute
for Occupational Safety and Health (NIOSH) assigned protection factor
(APF) of at least 10), (a)(6) (particulate), (a)(6)(v), (vi), (b)
(concentration set at 1.0%), and (c).
(A) As an alternative to the respirator requirements in paragraph
(a)(2)(i) of this section, a manufacturer or processor may choose to
follow the new chemical exposure limit (NCEL) provision listed in the
TSCA section 5(e) Order for this substance. The NCEL is 0.9 mg/m\3\ as
an 8-hour time weighted average. Persons who wish to pursue NCELs as an
alternative to Sec. 721.63 respirator requirements may request to do
so under Sec. 721.30. Persons whose Sec. 721.30 requests to use the
NCELs approach are approved by EPA will be required to follow NCELs
provisions comparable to those contained in the corresponding TSCA
section 5(e) Order.
(B) [Reserved]
(ii) Hazard communication. Requirements as specified in Sec.
721.72(a) through (e) (concentration set at 1.0%), (f), (g)(1)(ii),
(ix), (g)(2)(i), (ii), (iii), (use respiratory protection or maintain
workplace airborne concentrations at or below an 8-hour time-weighted
average of 0.9 mg/m\3\), (g)(2)(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(k), (o), (p) (594,000 kilograms, P-15-706
and P-15-707 combined), and (t)(250,000 kilograms, P-15-706 and P-15-
707 combined). A significant new use is any manufacture, processing, or
use of the PMN substance with more than 0.1% residual isocyanate by
weight.
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph.
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (i) are applicable to manufacturers and processors
of this substance.
(2) Limitations or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
(3) Determining whether a specific use is subject to this section.
The provisions of Sec. 721.1725(b)(1) apply to paragraph (a)(2)(iii)
of this section.
0
10. Add Sec. [emsp14]721.11030 to subpart E to read as follows:
Sec. 721.11030 Aliphatic N-alkyl urea polymer containing aspartic
ester groups and trimethoxy silanes (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
aliphatic N-alkyl urea polymer containing aspartic ester groups and
trimethoxy silanes (PMN P-15-707) 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 after they have been reacted (cured).
(2) The significant new uses are:
(i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1), (a)(2)(i), (iii), (iv), (a)(3), (4), 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, (a)(5) (respirators must provide a National Institute
for Occupational Safety and Health (NIOSH) assigned protection factor
(APF) of at least 10), (a)(6)(i), (v), (vi), (b) (concentration set at
1.0%), and (c).
(A) As an alternative to the respirator requirements in paragraph
(a)(2)(i) of this section, a manufacturer or processor may choose to
follow the new chemical exposure limit (NCEL) provision listed in the
TSCA section 5(e) Order for this substance. The NCEL is 0.9 mg/m\3\ as
an 8-hour time weighted average. Persons who wish to pursue NCELs as an
alternative to Sec. 721.63 respirator requirements may request to do
so under Sec. 721.30. Persons whose Sec. 721.30 requests to use the
NCELs approach are approved by EPA will be required to follow NCELs
provisions comparable to those contained in the corresponding TSCA
section 5(e) Order.
(B) [Reserved]
(ii) Hazard communication. Requirements as specified in Sec.
721.72(a) through (e) (concentration set at 1.0%), (f), (g)(1)(ii),
(g)(1)(ix), (g)(2)(i), (ii), (iii), (use respiratory protection or
maintain workplace airborne concentrations at or below an 8-hour time-
weighted average of 0.9 mg/m\3\), (g)(2)(v), and (g)(5).
[[Page 37723]]
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(k), (o), (p) (594,000 kilograms, P-15-706
and P-15-707 combined), and (t) (250,000 kilograms, P-15-706 and P-15-
707 combined). A significant new use is any manufacture, processing, or
use of the PMN substance with more than 1% residual isocyanate by
weight.
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph.
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (i) are applicable to manufacturers and processors
of this substance.
(2) Limitations or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
(3) Determining whether a specific use is subject to this section.
The provisions of Sec. 721.1725(b)(1) apply to paragraph (a)(2)(iii)
of this section.
0
11. Add Sec. [emsp14]721.11031 to subpart E to read as follows:
Sec. 721.11031 Alkyl heteromonocycle, polymer with heteromonocycle,
carboxyalkyl alkyl ether (generic).
(a) Chemical substances and significant new uses subject to
reporting. (1) The chemical substances identified generically as alkyl
heteromonocycle, polymer with heteromonocycle, carboxyalkyl alkyl ether
(PMNs P-16-273 and P-16-0274) are subject to reporting under this
section for the significant new uses described in paragraph (a)(2) of
this section.
(2) The significant new uses are:
(i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1), (a)(2)(i), (iii), (a)(3), (b) (concentration set at
1.0%), and (c). When determining which persons are reasonably likely to
be exposed as required for Sec. 721.63(a)(1), engineering control
measures (e.g., enclosure or confinement of the operation, general and
local ventilation) or administrative control measures (e.g., workplace
policies and procedures) shall be considered and implemented to prevent
exposure, where feasible.
(ii) Hazard communication. Requirements as specified in Sec.
721.72(a) through (e) (concentration set at 1.0%), (f), (g)(1)(i),
(ii), (dermal sensitization), (g)(2)(i), (ii), (iii), and (v),
(g)(3)(i), (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(f). It is a significant new use to use the
substances for the uses specified in the Order, at a concentration
greater than 3% of the metal working fluid, and use other than the
closed metal working systems as specified in the PMNs with no
modifications in the process that would result in worker inhalation
exposure.
(iv) Release to water. Requirements as specified in Sec.
721.90(a)(4), (b)(4), and (c)(4) where N = 10.
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph.
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (i), and (k) are applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
(3) Determining whether a specific use is subject to this section.
The provisions of Sec. 721.1725(b)(1) apply to paragraph (a)(2)(iii)
of this section.
0
12. Add Sec. 721.11032 to subpart E to read as follows:
Sec. 721.11032 Benzene dicarboxylic acid, polymer with alkane dioic
acid and aliphatic diamine (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified as generically as
benzene dicarboxylic acid, polymer with alkane dioic acid and aliphatic
diamine (PMN P-16-289) 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(k)(Manufacture only in a form with a
particle size distribution where less than 1.0 percent of the particles
are less than 10 microns) and (p) (six months).
(ii) [Reserved]
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph.
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (c), and (i) are applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
0
13. Add Sec. 721.11033 to subpart E to read as follows:
Sec. 721.11033 Manganese cyclic (tri)amine chloride complex
(generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
manganese cyclic (tri)amine chloride complex (PMN P-16-322) 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 after they have been
reacted (cured).
(2) The significant new uses are:
(i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1), (3), (4), 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, (a)(5)
(respirators must provide a National Institute for Occupational Safety
and Health (NIOSH) assigned protection factor (APF) of at least 25),
(a)(6)(i), (particulate), (b) (concentration set at 1.0%), and (c).
(A) As an alternative to the respirator requirements in paragraph
(a)(2)(i) of this section, a manufacturer or processor may choose to
follow the new chemical exposure limit (NCEL) provision listed in the
TSCA section 5(e) Order for this substance. The NCEL is 1.2 mg/m\3\ as
an 8-hour time weighted average. Persons who wish to pursue NCELs as an
alternative to Sec. 721.63 respirator requirements may request to do
so under Sec. 721.30. Persons whose Sec. 721.30 requests to use the
NCELs approach are approved by EPA will be required to follow NCELs
provisions comparable to those contained in the corresponding TSCA
section 5(e) Order.
(B) [Reserved]
(ii) Hazard communication. Requirements as specified in Sec.
721.72(a) through (e) (concentration set at 1.0%), (f), (g)(1)(iv),
(vi), (viii), (ix), (g)(2)(i), (ii), (iii), (use respiratory protection
or maintain workplace airborne concentrations at or below an 8-hour
time-weighted average of 1.2 mg/m\3\), (v), (g)(3) (This substance may
be toxic to algae. This substance may be harmful to invertebrates),
(g)(4)(i), (ii), (do not release to water to yield surface water
[[Page 37724]]
concentrations above 18 ppb.), 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(f), (k), and (q).
(iv) Release to water. Requirements as specified in Sec.
721.90(a)(4), (b)(4), and (c)(4) where N = 18.
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph.
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (i), and (k) are applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
(3) Determining whether a specific use is subject to this section.
The provisions of Sec. 721.1725(b)(1) apply to paragraph (a)(2)(iii)
of this section.
0
14. Add Sec. 721.11034 to subpart E to read as follows:
Sec. 721.11034 Xanthylium, (sulfoaryl)-bis [(substituted aryl)
amino]-, sulfo derivs., inner salts, metal salts (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
xanthylium, (sulfoaryl)-bis [(substituted aryl) amino]-, sulfo derivs.,
inner salts, metal salts (PMN P-16-338) 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), (k), and (t).
(ii) Release to water. Requirements as specified in Sec.
721.90(a)(1), (b)(1), and (c)(1).
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph.
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a), (b), (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)(i) of
this section.
0
15. Add Sec. 721.11035 to subpart E to read as follows:
Sec. 721.11035 Substituted triazinyl metal salt, diazotized, coupled
with substituted pyridobenzimidazolesulfonic acids, substituted
pyridobenzimidazolesulfonic acids, diazotized substituted
alkanesulfonic acid, diazotized substituted aromatic sulfonate,
diazotized substituted aromatic sulfonate, metal salts (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
substituted triazinyl metal salt, diazotized, coupled with substituted
pyridobenzimidazolesulfonic acids, substituted
pyridobenzimidazolesulfonic acids, diazotized substituted
alkanesulfonic acid, diazotized substituted aromatic sulfonate,
diazotized substituted aromatic sulfonate, metal salts (PMN P-16-339)
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), (k), and (t).
(ii) Release to water. Requirements as specified in Sec.
721.90(a)(1), (b)(1), and (c)(1).
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph.
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a), (b), (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)(i) of
this section.
0
16. Add Sec. [emsp14]721.11036 to subpart E to read as follows:
Sec. 721.11036 Carbon black, (organic acidic carbocyclic)-modified,
inorganic salt (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as carbon
black, (organic acidic carbocyclic)-modified, inorganic salt (PMN P-16-
439) 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), (k), and (t).
(ii) Release to water. Requirements as specified in Sec.
721.90(a)(1), (b)(1), and (c)(1).
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph.
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (c), (i), and (k) are applicable to manufacturers
and processors of this substance.
(2) Limitations or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
(3) Determining whether a specific use is subject to this section.
The provisions of Sec. 721.1725(b)(1) apply to paragraph (a)(2)(i) of
this section.
0
17. Add Sec. [emsp14]721.11037 to subpart E to read as follows:
Sec. 721.11037 Carbon black, (organic acidic carbocyclic)-modified,
metal salt (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as carbon
black, (organic acidic carbocyclic)-modified, metal salt (PMN P-16-440)
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), (k), and (t).
(ii) Release to water. Requirements as specified in Sec.
721.90(a)(1), (b)(1), and (c)(1).
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph.
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (c), (i), and (k) are applicable to manufacturers
and processors of this substance.
(2) Limitations or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
(3) Determining whether a specific use is subject to this section.
The provisions of Sec. 721.1725(b)(1) apply to paragraph (a)(2)(i) of
this section.
0
18. Add Sec. [emsp14]721.11038 to subpart E to read as follows:
Sec. 721.11038 Polyaralkyl aryl ester of methacrylic acid (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified as
[[Page 37725]]
generically as polyaralkyl aryl ester of methacrylic acid (PMN P-16-
350) is subject to reporting under this section for the significant new
uses described in paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1), (a)(2)(i), (a)(3), when determining which persons are
reasonably likely to be exposed as required for Sec. 721.63(a)(1),
engineering control measures (e.g., enclosure or confinement of the
operation, general and local ventilation) or administrative control
measures (e.g., workplace policies and procedures) shall be considered
and implemented to prevent exposure, where feasible, and (c).
(ii) Hazard communication. Requirements as specified in Sec.
721.72(a) through (d), (f), (g)(1)(i), (ii), (sensitization),
(mutagenicity); (g)(2)(i), (ii), (iii), (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(k). It is a significant new use to
manufacture the substance lower than the minimum average molecular
weight identified in the Order and to contain more than the maximum
weight percent of low molecular weight species below 1,000 daltons
identified in the Order.
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph.
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) 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)(iii)
of this section.
0
19. Add Sec. 721.11039 to subpart E to read as follows:
Sec. 721.11039 Phenol, 2-[[[3-(octyloxy)propyl]imino]methyl]-.
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified as phenol, 2-[[[3-
(octyloxy)propyl]imino]methyl]- (PMN P-16-352, chemical A; CAS No.
1858221-49-4) is subject to reporting under this section for the
significant new uses described in paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1), (a)(2)(i), (a)(3), (a)(6)(v), (vi), (particulate), (b)
(concentration set at 1.0%), and (c). When determining which persons
are reasonably likely to be exposed as required for Sec. 721.63(a)(1)
engineering control measures (e.g., enclosure or confinement of the
operation, general and local ventilation) or administrative control
measures (e.g., workplace policies and procedures) shall be considered
and implemented to prevent exposure, where feasible.
(ii) Hazard communication. Requirements as specified in Sec.
721.72 (a) through (e) (concentration set at 1.0%), (f), (g)(1)(i),
(iv), (vi), (ix), (g)(2)(i), (v), (g)(3)(i), (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.
(iii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(f), (p) (10,500 and 13,000 kilograms,
respectively, for the total of this substance and the substance subject
to 721.11039), (t) (250 kilograms for the total of this substance and
the substance subject to 721.11039), and (y)(1).
(iv) Release to water. Requirements as specified in Sec.
721.90(a)(4), (b)(4), and (c)(4) where N = 1.
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph.
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (i), and (k) are applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
0
20. Add Sec. 721.11040 to subpart E to read as follows:
Sec. 721.11040 Phenol, 2-[[[3-(decyloxy)propyl]imino]methyl]-.
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified as phenol, 2-[[[3-
(decyloxy)propyl]imino]methyl]- (PMN P-16-352, chemical B; CAS No.
1858221-50-7) is subject to reporting under this section for the
significant new uses described in paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1), (a)(2)(i), (a)(3), (a)(6)(v), (vi), (particulate), (b)
(concentration set at 1.0%), and (c). When determining which persons
are reasonably likely to be exposed as required for Sec. 721.63(a)(1)
engineering control measures (e.g., enclosure or confinement of the
operation, general and local ventilation) or administrative control
measures (e.g., workplace policies and procedures) shall be considered
and implemented to prevent exposure, where feasible.
(ii) Hazard communication. Requirements as specified in Sec.
721.72(a) through (e) (concentration set at 1.0%), (f), (g)(1)(i),
(iv), (vi), (ix), (g)(2)(i), (v), (g)(3)(i), (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.
(iii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(f), (p) (10,500 and 13,000 kilograms
respectively for the total of this substance and the substance subject
to Sec. 721.9998), (t) (250 kilograms for the total of this substance
and the substance subject to Sec. 721.9998), and (y)(1).
(iv) Release to water. Requirements as specified in Sec.
721.90(a)(4), (b)(4), and (c)(4) where N = 1.
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph.
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (i), and (k) are applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
0
21. Add Sec. 721.11041 to subpart E to read as follows:
Sec. 721.11041 Alkyl phenol (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as alkyl
phenol (PMN P-16-358) 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), (iv), (a)(3), when determining which
persons are reasonably likely to be exposed as required for Sec.
721.63(a)(1) engineering control measures (e.g., enclosure or
[[Page 37726]]
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, (b) (concentration set at 1.0%), and (c).
(ii) Hazard communication. Requirements as specified in Sec.
721.72(a) through (e) (concentration set at 1.0%), (f), (g)(1)(ix),
(g)(2)(i), (ii), (iii), (v), (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(a) through (c), (g), (q), (y)(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.
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (i), and (k) are applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
(3) Determining whether a specific use is subject to this section.
The provisions of Sec. 721.1725(b)(1) apply to paragraph (a)(2)(iii)
of this section.
0
22. Add Sec. 721.11042 to subpart E to read as follows:
Sec. 721.11042 Nitrile-butadiene-acrylate terpolymers (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
nitrile-butadiene-acrylate terpolymers PMN P-16-364) 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%), (f), (g)(1)(ii),
(g)(2)(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(h), (k) (Manufacture of the substance with
a particle size distribution where greater than 5.0 percent of the
particles are less than 10 microns).
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph.
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (c), and (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
23. Add Sec. [emsp14]721.11043 to subpart E to read as follows:
Sec. 721.11043 Starch, polymer with 2-propenoic acid, potassium salt,
oxidized.
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified as starch, polymer
with 2-propenoic acid, potassium salt, oxidized (PMN P-16-399, CAS No.
1638117-09-5) is subject to reporting under this section for the
significant new uses described in paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1), (6) (particulate), When determining which persons are
reasonably likely to be exposed as required for Sec. 721.63(a)(1)
engineering control measures (e.g., enclosure or confinement of the
operation, general and local ventilation) or administrative control
measures (e.g., workplace policies and procedures) shall be considered
and implemented to prevent exposure, where feasible, (b) (concentration
set at 1.0%), and (c).
(ii) Hazard communication. Requirements as specified in Sec.
721.72(a), (b), (c), (d), (e) (concentration set 1.0%), (f),
(g)(1)(ii), (g)(2)(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.
(iii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(k) (Manufacture of the substance with a
particulate size less than 30 microns) and (p) (12 months).
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph.
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (d), and (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. [emsp14]721.11044 to subpart E to read as follows:
Sec. 721.11044 Pentanedioic acid, 2-methyl-.
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified as pentanedioic acid,
2-methyl- (PMN P-16-430, CAS No. 617-62-9) 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), (a)(2)(i), (a)(3), (4), 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, (a)(5)
(respirators must provide a National Institute for Occupational Safety
and Health (NIOSH) assigned protection factor (APF) of at least 10),
(a)(6)(i), (v), (vi), (b) (concentration set at 1.0%), and (c).
(ii) Hazard communication. Requirements as specified in Sec.
721.72(a) through (e) (concentration set at 1.0%), (f), (g)(1)(i),
(ii), (vi), (g)(2)(i), (ii), (iii), (iv), (v), (g)(3)(i), (ii),
(g)(4)(i), 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(f) and (k) (import of the substance at or
below the maximum concentration specified in the Order).
(iv) Release to water. Requirements as specified in Sec.
721.90(a)(4), (b)(4), and (c)(4) where N = 14.
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph.
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (i), and (k) are applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
(3) Determining whether a specific use is subject to this section.
The provisions
[[Page 37727]]
of Sec. 721.1725(b)(1) apply to paragraph (a)(2)(iii) of this section.
0
25. Add Sec. [emsp14]721.11045 to subpart E to read as follows:
Sec. 721.11045 2-Pentanol, 4-methyl-, reaction products with
phosphorus oxide (P2O5), compounds with alkylamine (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified as generically as 2-
pentanol, 4-methyl-, reaction products with phosphorus oxide (P2O5),
compounds with alkylamine (PMN P-16-495) 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), (3), when determining which persons are reasonably likely
to be exposed as required for Sec. 721.63(a)(1) engineering control
measures (e.g., enclosure or confinement of the operation, general and
local ventilation) or administrative control measures (e.g., workplace
policies and procedures) shall be considered and implemented to prevent
exposure, where feasible, (a)(6) (particulate), (b) (concentration set
at 1.0%), and (c).
(ii) Hazard communication. Requirements as specified in Sec.
721.72(a) through (e) (concentration set at 1.0%), (f), (g)(1)(i),
(ii), (iv), (g)(2)(i), (ii), (v), (g)(3)(i), (ii), (g)(4)(i), 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) and (y)(1). A significant new use is
any manner or method of manufacturing that results in inhalation
exposure.
(iv) Release to water. Requirements as specified in Sec.
721.90(a)(4), (b)(4), and (c)(4) where N = 200.
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph.
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (i), and (k) are applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
(3) Determining whether a specific use is subject to this section.
The provisions of Sec. 721.1725(b)(1) apply to paragraph (a)(2)(iii)
of this section.
0
26. Add Sec. [emsp14]721.11046 to subpart E to read as follows:
Sec. 721.11046 Hydroxy alkylbiphenyl (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as hydroxy
alkylbiphenyl (PMN P-16-513) 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), (3), (4), 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, (a)(5)
(respirators must provide a National Institute for Occupational Safety
and Health (NIOSH) assigned protection factor (APF) of at least 50),
(a)(6)(i), (v), (vi), (b) (concentration set at 1.0%), and (c).
(ii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(g) and (q).
(iii) Release to water. Requirements as specified in Sec.
721.90(a)(4), (b)(4), and (c)(4) where N = 17.
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph.
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (e), (i), and (k) are applicable to manufacturers
and processors of this substance.
(2) Limitations or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
(3) Determining whether a specific use is subject to this section.
The provisions of Sec. 721.1725(b)(1) apply to paragraph (a)(2)(ii) of
this section.
0
27. Add Sec. [emsp14]721.11047 to subpart E to read as follows:
Sec. 721.11047 Alkyl alkenoic acid, polymer with
alkenylcarbomonocycle telomer with substituted alkanoic acid hydroxyl
alkyl substituted alkenyl substituted alkyl ester, polyalkylene glycol
alkyl ether alkyl alkenoate, dialkylene glycol diheteromonocyclic ether
and alkylcarbomonocyclic alkenoate, metal salt (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as alkyl
alkenoic acid, polymer with alkenylcarbomonocycle telomer with
substituted alkanoic acid hydroxyl alkyl substituted alkenyl
substituted alkyl ester, polyalkylene glycol alkyl ether alkyl
alkenoate, dialkylene glycol diheteromonocyclic ether and
alkylcarbomonocyclic alkenoate, metal salt (PMN P-16-534) is subject to
reporting under this section for the significant new uses described in
paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(f) and (k). It is a significant new use to
manufacture the substance such that the lowest number average molecular
weight is less than 1,800 daltons and the carboxylic acid content
exceeds 20 percent).
(ii) [Reserved]
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph.
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (c), and (i) are applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
(3) Determining whether a specific use is subject to this section.
The provisions of Sec. 721.1725(b)(1) apply to paragraph (a)(2)(iii)
of this section.
0
28. Add Sec. [emsp14]721.11048 to subpart E to read as follows:
Sec. 721.11048 Alkyl alkenoic acid, polymer with
alkenylcarbomonocycle telomer with substituted alkanoic acid hydroxyl
alkyl substituted alkenyl substituted alkyl ester, alkanediol
diheteromonocyclic ether, polyalkylene glycol alkyl ether alkyl
alkenoate and alkylcarbomonocyclic alkenoate, metal salt (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as alkyl
alkenoic acid, polymer with alkenylcarbomonocycle telomer with
substituted alkanoic acid hydroxyl alkyl substituted alkenyl
substituted alkyl ester, alkanediol diheteromonocyclic ether,
polyalkylene glycol alkyl ether alkyl alkenoate and
alkylcarbomonocyclic alkenoate, metal salt (PMN P-16-535) 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
[[Page 37728]]
specified in Sec. 721.80(f) and (k). It is a significant new use to
manufacture the substance such that the lowest number average molecular
weight is less than 1,800 daltons and the carboxylic acid content
exceeds 20 percent).
(ii) [Reserved]
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph.
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (c), and (i) are applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
(3) Determining whether a specific use is subject to this section.
The provisions of Sec. 721.1725(b)(1) apply to paragraph (a)(2)(iii)
of this section.
0
29. Add Sec. [emsp14]721.11049 to subpart E to read as follows:
Sec. 721.11049 Alkyl alkenoic acid, polymer with bis heteromonocyclic
substituted alkyl carbomonocycle, alkenylcarbomonocycle telomer with
substituted alkanoic acid hydroxyl alkyl substituted alkenyl
substituted alkyl ester, polyalkylene glycol alkyl ether alkyl
alkenoate and alkylcarbomonocyclic alkenoate, metal salt (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as alkyl
alkenoic acid, polymer with bis heteromonocyclic substituted alkyl
carbomonocycle, alkenylcarbomonocycle telomer with substituted alkanoic
acid hydroxyl alkyl substituted alkenyl substituted alkyl ester,
polyalkylene glycol alkyl ether alkyl alkenoate and
alkylcarbomonocyclic alkenoate, metal salt (PMN P-16-536) 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) and (k.) It is a significant new use to
manufacture the substance such that the lowest number average molecular
weight is less than 1,800 daltons, and the carboxylic acid content
exceeds 20 percent).
(ii) [Reserved]
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph.
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (c), and (i) are applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
(3) Determining whether a specific use is subject to this section.
The provisions of Sec. 721.1725(b)(1) apply to paragraph (a)(2)(iii)
of this section.
0
30. Add Sec. [emsp14]721.11050 to subpart E to read as follows:
Sec. 721.11050 Certain functionalized methacrylate-substituted
polymers.
(a)(1) The chemical substances listed in the Table of this section
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 substances after they have
been reacted (cured).
Table--Functionalized Methacrylate-Substituted Polymers
------------------------------------------------------------------------
PMN No. Chemical name
------------------------------------------------------------------------
P-16-549.......................... Alkaline functionalized methacrylate-
substituted polymer (generic).
P-16-550.......................... Alkaline functionalized methacrylate-
substituted polymer (generic).
P-16-551.......................... Alkaline functionalized methacrylate-
substituted polymer (generic).
P-16-553.......................... Quatenary alkylamine functionalized
methacrylate-substituted polymer
(generic).
P-16-555.......................... Neutral alcohol functionalized
methacrylate-substituted polymer
(generic).
P-16-556.......................... Neutral alcohol functionalized
methacrylate-substituted polymer
(generic).
P-16-557.......................... Neutral alkyl salt functionalized
methacrylate-substituted polymer
(generic).
P-16-558.......................... Neutral alkyl salt functionalized
methacrylate-substituted polymer
(generic).
P-16-560.......................... Neutral alkyl salt functionalized
methacrylate-substituted polymer
(generic).
P-16-561.......................... Acid functionalized methacrylate-
substituted polymer (generic).
P-16-562.......................... Acid functionalized methacrylate-
substituted polymer (generic).
P-16-563.......................... Acid functionalized methacrylate-
substituted polymer (generic).
P-16-564.......................... Acid functionalized methacrylate-
substituted polymer (generic).
P-16-565.......................... Acid functionalized methacrylate-
substituted polymer (generic).
P-16-567.......................... Alkylamine functionalized
methacrylate-substituted polymer
(generic).
------------------------------------------------------------------------
(2) The significant new uses are:
(i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1), (a)(2)(i), (iii), (a)(3), when determining which persons
are reasonably likely to be exposed as required for Sec. 721.63(a)(1)
engineering control measures (e.g., enclosure or confinement of the
operation, general and local ventilation) or administrative control
measures (e.g., workplace policies and procedures) shall be considered
and implemented to prevent exposure, where feasible, (a)(6)
(particulate), (b) (concentration set at 1.0%), and (c).
(ii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(f) and (k) (crosslinked resin used for
chromatographic separation of biomolecules and biocatalysts). It is a
significant new use to import the substance in any form other than
spherical beads with 0.1 percent less than 10 microns
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph.
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (e), and (i) are applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
0
31. Add Sec. [emsp14]721.11051 to subpart E to read as follows:
[[Page 37729]]
Sec. 721.11051 Waste plastics, poly(ethylene terephthalate),
depolymd. with polypropylene glycol ether with glycerol (3:1), polymers
with alkenoic and alkanoic acids (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as waste
plastics, poly(ethylene terephthalate), depolymd. with polypropylene
glycol ether with glycerol (3:1), polymers with alkenoic and alkanoic
acids (PMN P-16-579) is subject to reporting under this section for the
significant new uses described in paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1), (a)(2)(i), (a)(3), (4),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, (a)(5)
(respirators must provide a National Institute for Occupational Safety
and Health (NIOSH) assigned protection factor (APF) of at least 50),
(a)(6) (particulate), (b) (concentration set 1.0%), and (c).
(ii) Hazard communication. Requirements as specified in Sec.
721.72(a) through (e) (concentration set at 1.0%), (f), (g)(1) (This
substance may cause respiratory and dermal irritation). (This substance
may cause irritation of the mucous membranes). (This substance may
cause respiratory and dermal sensitization). (This substance may cause
mutagenicity), (g)(2)(i), (ii), (iii), (iv), (v), (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(k) (an ultraviolet curable coating resin).
It is a significant new use to manufacture the substance with an
average molecular weight less than 1,100 Daltons.
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph.
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (i) are applicable to manufacturers and processors
of this substance.
(2) Limitations or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
0
32. Add Sec. [emsp14]721.11052 to subpart E to read as follows:
Sec. 721.11052 1,3,5-Naphthalenetrisulfonic acid.
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified as 1,3,5-
naphthalenetrisulfonic acid (PMN P-17-32, CAS No. 6654-64-4) is subject
to reporting under this section for the significant new uses described
in paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1), (a)(2)(i), (iv), (a)(3), (4), 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, (a)(5) (respirators must provide a National Institute
for Occupational Safety and Health (NIOSH) assigned protection factor
of at least 50, (a)(6)(v), (vi), (particulate), (b) (concentration set
at 1.0%), and (c).
(ii) Hazard communication. Requirements as specified in Sec.
721.72(a) through (e) (concentration set at 1.0%), (f), (g)(1)(i),
(ii), (iv), (ix), (g)(2)(i), (ii), (iii), (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(q) and (t).
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph.
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (i) are applicable to manufacturers and processors
of this substance.
(2) Limitations or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
(3) Determining whether a specific use is subject to this section.
The provisions of Sec. 721.1725(b)(1) apply to paragraph (a)(2)(iii)
of this section.
0
33. Add Sec. [emsp14]721.11053 to subpart E to read as follows:
Sec. 721.11053 Certain halogenated sodium benzoate salts.
(a)(1) The chemical substances listed in the Table of this section
is subject to reporting under this section for the significant new uses
described in paragraph (a)(2) of this section.
Table--Halogenated Sodium Benzoate Salts
----------------------------------------------------------------------------------------------------------------
PMN No. CAS No. Chemical name
----------------------------------------------------------------------------------------------------------------
P-17-33........................................ 6654-64-4 Benzoic acid, 2-fluoro-, sodium salt
(1:1).
P-17-34........................................ 499-90-1 Benzoic acid, 4-fluoro-, sodium salt
(1:1).
P-17-36........................................ 67852-79-3 Benzoic acid, 2,3,4,5-tetrafluoro-,
sodium salt (1:1).
P-17-38........................................ 2966-44-1 Benzoic acid, 2-(trifluoromethyl)-,
sodium salt (1:1).
P-17-39........................................ 25832-58-0 Benzoic acid, 4-(trifluoromethyl)-,
sodium salt (1:1).
P-17-41........................................ 522651-42-9 Benzoic acid, 2,5-difluoro-, sodium
salt (1:1).
P-17-42........................................ 499-57-0 Benzoic acid, 3-fluoro-, sodium salt
(1:1).
P-17-43........................................ 6185-28-0 Benzoic acid, 2,6-difluoro-, sodium
salt (1:1).
P-17-45........................................ 530141-39-0 Benzoic acid, 3,5-difluoro-, sodium
salt (1:1).
P-17-47........................................ 1765-08-8 Benzoic acid, 2,4-difluoro-, sodium
salt (1:1).
P-17-50........................................ 522651-44-1 Benzoic acid, 3,4-difluoro-, sodium
salt (1:1).
P-17-52........................................ 1180493-12-2 Benzoic acid, 3,4,5-trifluoro-, sodium
salt (1:1).
P-17-55........................................ 402955-41-3 Benzoic acid, 2,3,4-trifluoro-, sodium
salt (1:1).
P-17-57........................................ 522651-48-5 Benzoic acid, 2,4,5-trifluoro-, sodium
salt (1:1).
P-17-59........................................ 1604819-08-0 Benzoic acid, 2,3-difluoro-, sodium
salt (1:1).
P-17-61........................................ 69226-41-1 Benzoic acid, 3-(trifluoromethyl)-,
sodium salt (1:1).
P-17-62........................................ 17264-74-3 Benzoic acid, 2-chloro-, sodium salt
(1:1).
P-17-63........................................ 3686-66-6 Benzoic acid, 4-chloro-, sodium salt
(1:1).
[[Page 37730]]
P-17-64........................................ 17264-88-9 Benzoic acid, 3-chloro-, sodium salt
(1:1).
P-17-66........................................ 118537-84-1 Benzoic acid, 2,3-dichloro-, sodium
salt (1:1).
P-17-67........................................ 63891-98-5 Benzoic acid, 2,5-dichloro-, sodium
salt (1:1).
P-17-69........................................ 154862-40-5 Benzoic acid, 3,5-dichloro-, sodium
salt (1:1).
P-17-71........................................ 10007-84-8 Benzoic acid, 2,6-dichloro-, sodium
salt (1:1).
P-17-72........................................ 17274-10-1 Benzoic acid, 3,4-dichloro-, sodium
salt (1:1).
P-17-73........................................ 38402-11-8 Benzoic acid, 2,4-dichloro-, sodium
salt (1:1).
P-17-75........................................ 855471-43-1 Benzoic acid, 2-chloro-4-fluoro-,
sodium salt.
P-17-76........................................ 1421761-18-3 Benzoic acid, 3-chloro-4-fluoro-,
sodium salt.
P-17-79........................................ 1382106-78-6 Benzoic acid, 5-chloro-2-fluoro-,
sodium salt.
P-17-80........................................ 1421029-88-0 Benzoic acid, 4-chloro-3-fluoro-,
sodium salt.
P-17-83........................................ 1382106-64-0 Benzoic acid, 4-chloro-2-fluoro-,
sodium salt.
P-17-85........................................ 1938142-12-1 Benzoic acid, 5-bromo-2-chloro-,
sodium salt.
P-17-87........................................ 938142-13-2 Benzoic acid, 3-bromo-4-fluoro-,
sodium salt.
P-17-90........................................ 1938142-14-3 Benzoic acid, 2-bromo-5-fluoro-,
sodium salt.
P-17-91........................................ 1938142-15-4 Benzoic acid, 4-bromo-2-fluoro-,
sodium salt.
P-17-93........................................ 1535169-81-3 Benzoic acid, 4-bromo-3-fluoro-,
sodium salt.
----------------------------------------------------------------------------------------------------------------
(2) The significant new uses are:
(i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1), (2)(i), (iv), (a)(3), when determining which persons are
reasonably likely to be exposed as required for Sec. 721.63(a)(4),
engineering control measures (e.g., enclosure or confinement of the
operation, general and local ventilation) or administrative control
measures (e.g., workplace policies and procedures) shall be considered
and implemented to prevent exposure, where feasible, (a)(5)
(respirators must provide a National Institute for Occupational Safety
and Health (NIOSH) assigned protection factor of at least 50), (a)(6)
(particulate), (a)(6)(v), (vi), (b) (concentration set at 1.0%), and
(c).
(A) As an alternative to the respirator requirements in paragraph
(a)(2)(i) of this section, a manufacturer or processor may choose to
follow the new chemical exposure limit (NCEL) provision listed in the
TSCA section 5(e) Order for this substance. The NCEL is 0.0184 mg/m\3\
as an 8-hour time weighted average. Persons who wish to pursue NCELs as
an alternative to Sec. 721.63 respirator requirements may request to
do so under Sec. 721.30. Persons whose Sec. 721.30 requests to use
the NCELs approach are approved by EPA will be required to follow NCELs
provisions comparable to those contained in the corresponding TSCA
section 5(e) Order.
(B) [Reserved]
(ii) Hazard communication. Requirements as specified in Sec.
721.72(a) through (e) (concentration set at 1.0%), (f), (g)(1)(i),
(ii), (iii), (iv), (vi), (ix), (g)(2)(i), (ii), (iii), (use respiratory
protection or maintain workplace airborne concentrations at or below an
8-hour time-weighted average of 0.0184 mg/m\3\), (g)(2)(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(k), (q) and (t). It is a significant new
use to manufacture or process the substances other than for the
processes described in the Order.
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph.
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (i) and (k) are applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
(3) Determining whether a specific use is subject to this section.
The provisions of Sec. 721.1725(b)(1) apply to paragraph (a)(2)(iii)
of this section.
0
34. Add Sec. [emsp14]721.11054 to subpart E to read as follows:
Sec. 721.11054 Certain halogenated benzoic acids
(a) The chemical substances listed in the Table of this section is
subject to reporting under this section for the significant new uses
described in paragraph (a)(2) of this section.
Table--Halogenated Benzoic Acids
----------------------------------------------------------------------------------------------------------------
PMN No. CAS No. Chemical name
----------------------------------------------------------------------------------------------------------------
P-17-35........................................ 1201-31-6 Benzoic acid, 2,3,4,5-tetrafluoro-.
P-17-37........................................ 433-97-6 Benzoic acid, 2-(trifluoromethyl)-.
P-17-40........................................ 2991-28-8 Benzoic acid, 2,5-difluoro-.
P-17-44........................................ 385-00-2 Benzoic acid, 2,6-difluoro-.
P-17-46........................................ 455-40-3 Benzoic acid, 3,5-difluoro-.
P-17-48........................................ 1583-58-0 Benzoic acid, 2,4-difluoro-.
P-17-51........................................ 455-86-7 Benzoic acid, 3,4-difluoro-.
P-17-53........................................ 121602-93-5 Benzoic acid, 3,4,5-trifluoro-.
P-17-54........................................ 61079-72-9 Benzoic acid, 2,3,4-trifluoro-.
P-17-56........................................ 446-17-3 Benzoic acid, 2,4,5-trifluoro-.
P-17-58........................................ 4519-39-5 Benzoic acid, 2,3-difluoro-.
P-17-60........................................ 454-92-2 Benzoic acid, 3-(trifluoromethyl)-.
P-17-65........................................ 50-45-3 Benzoic acid, 2,3-dichloro-.
P-17-68........................................ 51-36-5 Benzoic acid, 3,5-dichloro-.
P-17-70........................................ 50-30-6 Benzoic acid, 2,6-dichloro-.
[[Page 37731]]
P-17-74........................................ 2252-51-9 Benzoic acid, 2-chloro-4-fluoro-.
P-17-77........................................ 394-30-9 Benzoic acid, 5-chloro-2-fluoro-.
P-17-78........................................ 403-16-7 Benzoic acid, 3-chloro-4-fluoro-.
P-17-81........................................ 403-17-8 Benzoic acid, 4-chloro-3-fluoro-.
P-17-82........................................ 446-30-0 Benzoic acid, 4-chloro-2-fluoro-.
P-17-84........................................ 21739-92-4 Benzoic acid, 5-bromo-2-chloro-.
P-17-88........................................ 11007-16-5 Benzoic acid, 3-bromo-4-fluoro-.
P-17-89........................................ 394-28-5 Benzoic acid, 2-bromo-5-fluoro-.
P-17-92........................................ 153556-42-4 Benzoic acid, 4-bromo-3-fluoro-.
P-17-97........................................ 112704-79-7 Benzoic acid, 4-bromo-2-fluoro-.
----------------------------------------------------------------------------------------------------------------
(2) The significant new uses are:
(i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1), (a)(2)(i), (v), (a)(3), (4), 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, (a)(5) (respirators must provide a National Institute
for Occupational Safety and Health (NIOSH) assigned protection factor
of at least 50, (a)(6) (particulate), (a)(6)(v), (vi), (b)
(concentration set at 1.0%), and (c).
(A) As an alternative to the respirator requirements in paragraph
(a)(2)(i) of this section, a manufacturer or processor may choose to
follow the new chemical exposure limit (NCEL) provision listed in the
TSCA section 5(e) Order for this substance. The NCEL is 0.0184 mg/m\3\
as an 8-hour time weighted average. Persons who wish to pursue NCELs as
an alternative to Sec. 721.63 respirator requirements may request to
do so under Sec. 721.30. Persons whose Sec. 721.30 requests to use
the NCELs approach are approved by EPA will be required to follow NCELs
provisions comparable to those contained in the corresponding TSCA
section 5(e) Order.
(B) [Reserved]
(ii) Hazard communication. Requirements as specified in Sec.
721.72(a) through (e) (concentration set at 1.0%), (f), (g)(1)(i),
(ii), (iii), (iv), (vi), (ix), (g)(2)(i), (ii), (iii), (use respiratory
protection or maintain workplace airborne concentrations at or below an
8-hour time-weighted average of 0.0184 mg/m\3\), (g)(2)(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(q) and (t). It is a significant new use to
manufacture or process the substances other than for the processes
described in the Order.
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph.
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (i) and (k) are applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
(3) Determining whether a specific use is subject to this section.
The provisions of Sec. 721.1725(b)(1) apply to paragraph (a)(2)(iii)
of this section.
0
35. Add Sec. [emsp14]721.11055 to subpart E to read as follows:
Sec. 721.11055 Certain halogenated benzoic acids ethyl esters.
(a) The chemical substances listed in the Table of this section is
subject to reporting under this section for the significant new uses
described in paragraph (a)(2) of this section.
Table--Halogenated Benzoic Acid Ethyl Esters
----------------------------------------------------------------------------------------------------------------
PMN No. CAS No. Chemical name
----------------------------------------------------------------------------------------------------------------
P-17-94........................................ 122894-73-9 Benzoic acid, 2,3,4,5-tetrafluoro-,
ethyl ester.
P-17-95........................................ 583-02-8 Benzoic acid, 4-(trifluoromethyl)-,
ethyl ester.
P-17-96........................................ 577-62-8 Benzoic acid, 2-(trifluoromethyl)-,
ethyl ester.
P-17-98........................................ 19064-14-3 Benzoic acid, 2,6-difluoro-, ethyl
ester.
P-17-99........................................ 708-25-8 Benzoic acid, 2,5-difluoro-, ethyl
ester.
P-17-100....................................... 351354-50-2 Benzoic acid, 2,3,4-trifluoro-, ethyl
ester.
P-17-101....................................... 351354-50-2 Benzoic acid, 2-bromo-5-fluoro-, ethyl
ester.
P-17-102....................................... 350-19-6 Benzoic acid, 3,5-difluoro-, ethyl
ester.
P-17-103....................................... 76008-73-6 Benzoic acid, 5-bromo-2-chloro-, ethyl
ester.
P-17-104....................................... 1128-76-3 Benzoic acid, 3-chloro-, ethyl ester.
P-17-105....................................... 7335-25-3 Benzoic acid, 2-chloro-, ethyl ester.
P-17-114....................................... 137521-81-4 Benzoic acid, 3-chloro-4-fluoro-,
ethyl ester.
P-17-122....................................... 474709-71-2 Benzoic acid, 4-bromo-2-fluoro-, ethyl
ester.
P-17-123....................................... 144267-97-0 Benzoic acid, 2-bromo-4,5-difluoro-,
ethyl ester.
P-17-124....................................... 1130165-74-0 Benzoic acid, 4-bromo-3-fluoro-, ethyl
ester.
P-17-125....................................... 23233-33-2 Benzoic acid, 3-bromo-4-fluoro-, ethyl
ester.
P-17-126....................................... 4793-20-8 Benzoic acid, 4-chloro-2-fluoro-,
ethyl ester.
P-17-127....................................... 35112-27-7 Benzoic acid, 2,5-dichloro-, ethyl
ester.
P-17-128....................................... 203573-08-4 Benzoic acid, 4-chloro-3-fluoro-,
ethyl ester.
P-17-129....................................... 167758-87-4 Benzoic acid, 2-chloro-4-fluoro-,
ethyl ester.
P-17-130....................................... 773139-56-3 Benzoic acid, 5-chloro-2-fluoro-,
ethyl ester.
P-17-131....................................... 108928-00-3 Benzoic acid, 2,4-difluoro-, ethyl
ester.
[[Page 37732]]
P-17-132....................................... 144267-96-9 Benzoic acid, 3,4-difluoro-, ethyl
ester.
P-17-133....................................... 495405-09-9 Benzoic acid, 3,4,5-trifluoro-, ethyl
ester.
P-17-134....................................... 351354-41-1 Benzoic acid, 2,4,5-trifluoro-, ethyl
ester.
P-17-135....................................... 76783-59-0 Benzoic acid, 3-(trifluoromethyl)-,
ethyl ester.
P-17-136....................................... 773134-65-9 Benzoic acid, 2,3-difluoro-, ethyl
ester.
P-17-137....................................... 81055-73-4 Benzoic acid, 2,6-dichloro-, ethyl
ester.
P-17-138....................................... 91085-56-2 Benzoic acid, 3,5-dichloro-, ethyl
ester.
P-17-139....................................... 56882-52-1 Benzoic acid, 2,4-dichloro-, ethyl
ester.
P-17-140....................................... 28394-58-3 Benzoic acid, 3,4-dichloro-, ethyl
ester.
----------------------------------------------------------------------------------------------------------------
(2) The significant new uses are:
(i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1), (a)(2)(i), (v), (a)(3), (4), 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, (a)(5) (respirators must provide a National Institute
for Occupational Safety and Health (NIOSH) assigned protection factor
of at least 1000), (a)(6) (particulate), (a)(6)(v), (vi), (b)
(concentration set at 1.0%), and (c).
(A) As an alternative to the respirator requirements in paragraph
(a)(2)(i) of this section, a manufacturer or processor may choose to
follow the new chemical exposure limit (NCEL) provision listed in the
TSCA section 5(e) Order for this substance. The NCEL is 0.0184 mg/m\3\
as an 8-hour time weighted average. Persons who wish to pursue NCELs as
an alternative to Sec. 721.63 respirator requirements may request to
do so under Sec. 721.30. Persons whose Sec. 721.30 requests to use
the NCELs approach are approved by EPA will be required to follow NCELs
provisions comparable to those contained in the corresponding TSCA
section 5(e) Order.
(B) [Reserved]
(ii) Hazard communication. Requirements as specified in Sec.
721.72(a) through (e) (concentration set at 1.0%), (f), (g)(1)(i),
(ii), (iii), (iv), (vi), (ix), (g)(2)(i), (ii), (iii), (use respiratory
protection or maintain workplace airborne concentrations at or below an
8-hour time-weighted average of 0.0184 mg/m\3\), (g)(2)(v), (g)(3)(i),
(ii), (g)(4)(i), 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) and (t). It is a significant new use to
manufacture or process the substances other than for processes
described in the Order.
(iv) Release to water. Requirements as specified in Sec.
721.90(a)(4), (b)(4), and (c)(4) where N = 15 ppb.
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph.
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (i) and (k) are applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
(3) Determining whether a specific use is subject to this section.
The provisions of Sec. 721.1725(b)(1) apply to paragraph (a)(2)(iii)
of this section.
0
36. Add Sec. [emsp14]721.11056 to subpart E to read as follows:
Sec. 721.11056 Neodymium aluminium alkyl polymer complexes (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
neodymium aluminium alkyl polymer complexes (PMN P-17-198) 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), (iii), (a)(3), when determining which
persons are reasonably likely to be exposed as required for Sec.
721.63(a)(1), engineering control measures (e.g., enclosure or
confinement of the operation, general and local ventilation) or
administrative control measures (e.g., workplace policies and
procedures) shall be considered and implemented to prevent exposure,
where feasible, (b) (concentration set 1.0%), and (c).
(ii) Hazard communication. Requirements as specified in Sec.
721.72(a) through (e) (concentration set 1.0%), (f), (g)(1)(ix), (The
substance may react violently with water, (This substance may cause
skin irritation and corrosion), (This substance may cause respiratory
complications, irritation, and corrosion), (g)(2)(i), (ii), (iii),
(When using this substance use in closed system to prevent any
inhalation exposure), (When using this substance use skin and eye
protection), 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(c) (It is a significant new use to process
the substance in manner that results in inhalation exposure.), (f), and
(p) (8 months).
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph.
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (i) are applicable to manufacturers and processors
of this substance.
(2) Limitations or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
(3) Determining whether a specific use is subject to this section.
The provisions of Sec. 721.1725(b)(1) apply to paragraph (a)(2)(iii)
of this section.
0
37. Add Sec. [emsp14]721.11057 to subpart E to read as follows:
Sec. 721.11057 Fatty acid amide alkyl amine salts (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substances identified generically as fatty
acid amide alkyl amine salts (PMN P-17-272, P-17-273, P-17-274, P-17-
275, P-17-276 and P-17-277) 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
[[Page 37733]]
do not apply to quantities of the substances after they have been
reacted (cured).
(2) The significant new uses are:
(i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1), (a)(2)(i), (iii), (iv), (a)(3). When determining which
persons are reasonably likely to be exposed as required for Sec.
721.63(a)(1) engineering control measures (e.g., enclosure or
confinement of the operation, general and local ventilation) or
administrative control measures (e.g., workplace policies and
procedures) shall be considered and implemented to prevent exposure,
where feasible.
(ii) Hazard communication. Requirements as specified in Sec.
721.72(a) through (e) (concentration set at 1.0%), (f), (g)(1) (skin
irritation), (respiratory complication), (internal organ effect),
(systemic effect), (sensitization), (g)(2)(i), (ii), (iii), (v),
(g)(3)(i), (ii), (g)(4)(i), (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(k), and (y)(1).
(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.
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (i), and (k) are applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
(3) Determining whether a specific use is subject to this section.
The provisions of Sec. 721.1725(b)(1) apply to paragraph (a)(2)(iii)
of this section.
0
38. Add Sec. [emsp14]721.11058 to subpart E to read as follows:
Sec. 721.11058 Fatty acid amide alkyl amine salts (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substances identified generically as fatty
acid amide alkyl amine salts (PMN P-17-278, P-17-279 and P-17-280) are
subject to reporting under this section for the significant new uses
described in paragraph (a)(2) of this section. The requirements of this
section do not apply to quantities of the substances after they have
been reacted (cured).
(2) The significant new uses are:
(i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1), (a)(2)(i), (iii), (iv), (a)(3). When determining which
persons are reasonably likely to be exposed as required for Sec.
721.63(a)(1) engineering control measures (e.g., enclosure or
confinement of the operation, general and local ventilation) or
administrative control measures (e.g., workplace policies and
procedures) shall be considered and implemented to prevent exposure,
where feasible.
(ii) Hazard communication. Requirements as specified in Sec.
721.72(a) through (e) (concentration set at 1.0%), (f), (g)(1) (skin
irritation), (respiratory complication), (internal organ effect),
(systemic effect), (sensitization), (g)(2)(i), (ii), (iii), (v),
(g)(3)(i), (ii), (g)(4)(i), (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(k), and (y)(1).
(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.
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (i), and (k) are applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
(3) Determining whether a specific use is subject to this section.
The provisions of Sec. 721.1725(b)(1) apply to paragraph (a)(2)(iii)
of this section.
[FR Doc. 2018-15995 Filed 7-31-18; 8:45 am]
BILLING CODE 6560-50-P