Significant New Use Rules on Certain Chemical Substances, 43538-43556 [2018-18403]
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statements that meet the criteria of the
Globally Harmonized System (GHS) and
OSHA Hazard Communication Standard
may be used.
(iii) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80(q). It is a
significant new use to use the substance
other than as an aromatic polyester
polyol for manufacturing rigid foam. It
is a significant new use to manufacture
the substance with residual phthalate
greater than 0.1% by weight. It is a
significant new use to modify the
manufacturing, processing or use
activities of the PMN substance to result
in the generation of a vapor, mist or
aerosol.
(iv) Release to water. Requirements as
specified in § 721.90(a)(1), (b)(1), and
(c)(1).
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph (b).
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (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. 2018–18534 Filed 8–24–18; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 9 and 721
[EPA–HQ–OPPT–2017–0464; FRL–9982–24]
RIN 2070–AB27
Significant New Use Rules on Certain
Chemical Substances
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
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AGENCY:
SUMMARY: EPA is promulgating
significant new use rules (SNURs) under
the Toxic Substances Control Act
(TSCA) for 19 chemical substances
which were the subject of
premanufacture notices (PMNs). The
chemical substances are subject to
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
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19 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
26, 2018. For purposes of judicial
review, this rule shall be promulgated at
1 p.m. (e.s.t.) on September 10, 2018.
Written adverse comments on one or
more of these SNURs must be received
on or before September 26, 2018 (see
Unit VI. of the SUPPLEMENTARY
INFORMATION). If EPA receives written
adverse comments on one or more of
these SNURs before September 26, 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–2017–0464, by
one of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute.
• Mail: Document Control Office
(7407M), Office of Pollution Prevention
and Toxics (OPPT), Environmental
Protection Agency, 1200 Pennsylvania
Ave. NW, Washington, DC 20460–0001.
• Hand Delivery: To make special
arrangements for hand delivery or
delivery of boxed information, please
follow the instructions at https://
www.epa.gov/dockets/contacts.html.
Additional instructions on
commenting or visiting the docket,
along with more information about
dockets generally, is available at https://
www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
For technical information contact:
Kenneth Moss, Chemical Control
Division (7405M), Office of Pollution
Prevention and Toxics, Environmental
Protection Agency, 1200 Pennsylvania
Ave. NW, Washington, DC 20460–0001;
telephone number: (202) 564–9232;
email address: moss.kenneth@epa.gov.
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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
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
September 26, 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
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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
C. Applicability of General Provisions
A. What action is the Agency taking?
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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.
1. Direct Final Rule. EPA is
promulgating these SNURs using direct
final rule 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 September 26, 2018 (see Unit VI. of
the SUPPLEMENTARY INFORMATION), the
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.
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
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.
B. What is the Agency’s authority for
taking this action?
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.
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
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III. Significant New Use Determination
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• 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
19 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)
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 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
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future testing. See Unit VIII. for more
information.
• CFR citation assigned in the
regulatory text section of this rule.
The regulatory text section of these
rules specify 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 19 PMN
substances that are subject to Orders
under TSCA section 5(e)(1)(A)(ii)(I)
where EPA determined that it has
insufficient information to conduct a
reasoned evaluation and the 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
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
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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 Number P–15–719
Chemical name: Benzene, 1,4bis(alkyl)-, homopolymer (generic).
CAS number: Not available.
Effective date of TSCA section 5(e)
Order: July 24, 2017.
Basis for TSCA section 5(e) Order:
The PMN states that the generic (nonconfidential) use of the substance will
be as a flame retardant synergist and
radical source. Based on test data and
analog data EPA estimates that the PMN
substances will persist in the
environment for more than two months
and estimates a bioaccumulation factor
of greater than or equal to 1,000.
Because the PMN substance is expected
to be persistent and bioaccumulative,
EPA is unable to assess the potential
risks to sediment dwelling organisms.
The Order was issued under TSCA
sections 5(a)(3)(B)(ii)(I) and
5(e)(1)(A)(ii)(I), as well as 5(a)(3)(B)(i)
and 5(e)(1)(A)(i) based on findings that
the substance may present an
unreasonable risk of injury to health and
the environment, and that the
information available to the Agency is
insufficient to permit a reasoned
evaluation of the environmental effects
of the PMN substance. To protect
against potential risks, the Order
requires:
1. Submit to EPA certain toxicity
testing prior to exceeding the
confidential production volume limits
specified in the Order;
2. Label containers of the substance
and provide Safety Data Sheets (SDS) or
Material Safety Data Sheets (MSDS) and
worker training in accordance with the
provisions of the Hazard
Communication Program section;
3. Not use the substance other than for
the confidential uses allowed in the
Order;
4. Dispose of the substance only by
incineration or landfill; and
5. Comply with the release to water
provisions.
The SNUR designates as a ‘‘significant
new use’’ the absence of these protective
measures.
Potentially useful information: EPA
has determined that certain information
about the environmental fate,
bioaccumulation, and environmental
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
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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 aquatic toxicity,
bioaccumulation and environmental fate
testing.
CFR citation: 40 CFR 721.11097.
PMN Number P–16–99
Chemical name: Polyethylene glycol
polymer with aliphatic
polycarbodiimide Bis(alkoxysilylpropyl)
amine blocked (generic).
CAS number: Not available.
Effective date of TSCA section 5(e)
Order: June 30, 2017.
Basis for TSCA section 5(e) Order:
The PMN states that the generic (nonconfidential) use of the substance will
be as an additive for industrial coatings.
EPA identified concerns for irritation to
all issues and lung toxicity based on
SAR analysis of test data on analogous
alkoxysilanes and concerns for acute
toxicity, neurotoxicity (especially to the
eye), and liver, kidney, and cardiac
toxicity based on the release of
methanol. The Order was issued under
TSCA sections 5(a)(3)(B)(ii)(I) and
5(e)(1)(A)(ii)(I), based on a finding that
the substance may present an
unreasonable risk of injury to health and
the environment. To protect against
potential risks, the Order requires:
1. Submission to EPA of certain
toxicity testing prior to exceeding the
confidential aggregate production
volume limit 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 National Institute for
Occupational Safety and Health
(NIOSH)-certified respirator with an
Applied Protection Factor (APF) of at
least 10 (where there is a potential for
inhalation exposure) or compliance
with a New Chemicals Exposure Limit
(NCEL) of 0.9 milligrams per cubic
meter as an 8-hour time-weighted
average to prevent 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. Establishment and use of a hazard
communication program, including
precautionary statements on each label
and in the SDS.
5. Not use the substance other than for
the use allowed in the Order in
commercial use (as that term is defined
in 40 CFR 721.3) but without any use in
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a consumer setting (as that term is
defined in 40 CFR 721.3);
6. Not exceed the confidential annual
production volume limit in the Order;
and
7. No manufacture of the substance
where there is more than 0.2% residual
isocyanate.
The SNUR designates 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. The submitter
has agreed not to exceed the
confidential production limit without
performing specific pulmonary and
internal organ toxicity testing.
CFR citation: 40 CFR 721.11098.
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PMN Number P–16–221
Chemical name: Fluorinated
organopolysilazane (generic).
CAS number: Not available.
Effective date of TSCA section 5(e)
Order: June 20, 2017.
Basis for TSCA section 5(e) Order:
The PMN states that the substance will
be used as a coating agent for optical
lenses. EPA identified human health
and environmental concerns because
the potential degradation products of
the PMN substance may be persistent,
bioaccumulative, and toxic (PBT)
chemicals. EPA estimates that the PMN
substance degradation products will
persist in the environment for more than
two months and estimates a
bioaccumulation factor of greater than
or equal to 1,000. EPA also identified
concerns for liver toxicity, blood
toxicity, male reproductive toxicity, and
toxicity to aquatic organisms, terrestrial
mammals and birds based on data for
the PMN substance degradation
product. The Order was issued under
TSCA sections 5(a)(3)(B)(ii)(I) and
5(e)(1)(A)(ii)(I), based on a finding that
the substance may present an
unreasonable risk of injury to health and
the environment. To protect against
potential risks, the Order requires:
1. Submission to EPA of certain
toxicity testing before exceeding a total
production volume of 204 kilograms, as
specified in the Order;
2. Use of personal protective
equipment to prevent dermal exposure
(where there is a potential for dermal
exposures);
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3. No use of the substance other than
allowed by the Order which is the
confidential coating system described in
the PMN;
4. Manufacture not to exceed an
annual manufacture volume of 100
kilograms;
5. Refrain from domestic manufacture
in the United States (i.e., import only);
and
6. No release of the PMN substance to
surface waters.
The SNUR designates 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. The submitter
has agreed not to exceed the production
limit in the Order without performing
specific internal organ toxicity testing
on the degradation product of the PMN
substance. In addition, EPA has
determined that the results of specific
organ toxicity on degradations products
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, use, 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 721.11099.
PMN Number P–16–359
Chemical name: Carbopolycyclebis(diazonium), dihalo-, chloride (1:2),
reaction products with metal hydroxide,
4-[(dioxoalkyl)amino]substituted
benzene, 2[(dioxoalkyl)amino]substituted benzene,
5-[(dioxoalkyl)amino]-2-hydroxysubstituted benzene and oxo-nphenylalkanamide (generic).
CAS number: Not available.
Effective date of TSCA section 5(e)
Order: June 20, 2017.
Basis for TSCA section 5(e) Order:
The PMN states that the generic (nonconfidential) use of the substance will
be as a pigment additive for industrial
coatings. EPA identified concerns for
oncogenicity and mutagenicity for the
PMN substance degradation product.
The Order was issued under TSCA
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sections 5(a)(3)(B)(ii)(I) and
5(e)(1)(A)(ii)(I), based on a finding that
the substance may present an
unreasonable risk of injury to health and
the environment. To protect against
potential risks, the Order requires:
1. Submission to EPA of certain
toxicity testing before exceeding the
confidential production volume limit
specified in the Order;
2. Use of personal protective
equipment to prevent dermal exposure
(where there is a potential for inhalation
exposures);
3. Establishment and use of a hazard
communication program, including
precautionary statements on each label
and in SDS;
4. No processing or use of the
substance at temperatures greater than
200 degrees Celsius; and
5. No domestic manufacture of the
substance.
The SNUR designates as a ‘‘significant
new use’’ the absence of these protective
measures.
Potentially useful information: EPA
has determined that certain information
about the fate and biodegradability 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 exceed the
production limit in the Order without
performing specific biodegradability
and photolysis tests.
CFR citation: 40 CFR 721.11100.
PMN Number P–16–363
Chemical name: Blocked polyester
polyurethane, neutralized (generic).
CAS number: Not available.
Effective date of TSCA section 5(e)
Order: June 20, 2017.
Basis for TSCA section 5(e) Order:
The PMN states that the generic (nonconfidential) use of the substance will
be an open non-dispersive use. EPA
identified concerns for irritation,
sensitization, and lung toxicity based on
analogy to diisocyanates and cationic
binding to lung tissue. The Order was
issued under TSCA sections
5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I),
based on a finding that the substance
may present an unreasonable risk of
injury to human health. To protect
against potential risks, the Order
requires:
1. Use personal protective equipment
to prevent dermal exposure (where there
is a potential for dermal exposures);
2. Establishment and use of a hazard
communication program, including
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precautionary statements on each label
and in the SDS;
3. Manufacture (including import) the
substance with a residual of free
isocyanate monomers no greater than
0.1% by weight;
4. Refraining from manufacture,
processing, or use activities if it results
in inhalation exposure to vapor, dust,
mist or aerosols;
5. Refraining from manufacture,
processing, or use for consumer use or
in commercial use (as that term is
defined in 40 CFR 721.3) where there is
use in a consumer setting (as that term
is defined in 40 CFR 721.3); and
6. Manufacture, process, or use the
substance only in an aqueous
formulation.
The SNUR designates 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,
use, 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 721.11101.
PMN Number P–16–370
Chemical name: Methoxy-terminated
polysiloxane (generic).
CAS number: Not available.
Effective date of TSCA section 5(e)
Order: July 18, 2017.
Basis for TSCA section 5(e) Order:
The PMN states that the generic (nonconfidential) use of the substance will
be as a crosslinker for adhesives and
coatings. EPA identified concerns for
irritation to the skin, eyes, lung, and
mucous membranes and other lung
effects on analogy to alkoxysilanes. The
Order was issued under TSCA sections
5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I),
based on a finding that the substance
may present an unreasonable risk of
injury to human health. To protect
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against potential risks, the Order
requires:
1. Submission to EPA of certain
toxicity testing before exceeding the
confidential production volume limit
specified in the Order;
2. Use of personal protective
equipment to prevent dermal exposure
(where there is a potential for dermal
exposures);
3. Establishment and use of a hazard
communication program, including
precautionary statements on each label
and in the SDS;
4. Use of a NIOSH-certified respirator
with an APF of at least 10 (where there
is a potential for inhalation exposures)
or compliance with a NCEL of 8.4
milligrams per cubic meter as an 8-hour
time-weighted average to prevent
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.)
5. Refraining from modifying the
manufacture, processing, or use
activities if it results in inhalation
exposure to vapor, dust, mist or
aerosols; and
6. Refraining from manufacture,
processing, or use for consumer use or
in commercial use (as that term is
defined in 40 CFR 721.3) where there is
use in a consumer setting (as that term
is defined in 40 CFR 721.3).
The SNUR designates 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. The submitter
has agreed not to exceed the production
limit in the Order without performing
specific pulmonary toxicity testing.
CFR citation: 40 CFR 721.11103.
PMN Number P–16–376
Chemical name: Hydroxystyrene resin
(generic).
CAS number: Not available.
Effective date of TSCA section 5(e)
Order: June 16, 2017.
Basis for TSCA section 5(e) Order:
The PMN states that the generic (nonconfidential) use of the substance will
be for photolithography. EPA identified
potential health and environmental
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toxicity if the PMN substance is
manufactured at a lower molecular
weight. The Order was issued under
TSCA sections 5(a)(3)(B)(ii)(I) and
5(e)(1)(A)(ii)(I), based on a finding that
the substance may present an
unreasonable risk of injury to health and
the environment. To protect against
potential risks, the Order requires
manufacture of the substance at an
average molecular weight greater than
2906 daltons and with 0.5 percent low
weight molecular species less than 500
daltons and 1.0 percent low weight
molecular species less than 1,000
daltons.
The SNUR designates as a ‘‘significant
new use’’ the absence of this protective
measure.
Potentially useful information: EPA
has determined that certain information
about the physical-chemical properties
and 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. EPA has
determined that the results of physicalchemical property tests, internal organ
effects testing, and aquatic toxicity tests
may be potentially useful in
characterizing the health and
environmental effects of the PMN
substance. Although the Order does not
require this testing, the Order’s
restrictions on manufacture, processing,
distribution in commerce, use, 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 721.11104.
PMN Number P–16–487
Chemical name: Benzenesulfonic acid
1,2-diazenediylbis[6-ethenyl]-3sulfophenyl diazenyl-2-sulfophenyl
ethenyl salt (generic).
CAS number: Not available.
Effective date of TSCA section 5(e)
Order: June 27, 2017.
Basis for TSCA section 5(e) Order:
The PMN states that the substance will
be used as a yellow dye for paper. EPA
identified concerns for developmental,
reproductive, liver, kidney, and blood
toxicity based for the azo reduction
products of the substance based on
analogue data. Based on SAR analysis
for acid dyes, EPA predicts toxicity to
aquatic organisms may occur at
concentrations that exceed 55 parts per
billion (ppb) in surface waters. The
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Order was issued under TSCA sections
5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I), as
well as 5(a)(3)(B)(ii)(II) and
5(e)(1)(A)(ii)(II), based on a finding that
the substance may present an
unreasonable risk of injury to health and
the environment and that the substance
is or will be produced in substantial
quantities and there is or may be
significant (substantial) human
exposure to the substance. To protect
against potential risks, the Order
requires:
1. Submission to EPA of certain
toxicity testing before exceeding the
confidential production volume limits
specified in the Order;
2. Use of personal protective
equipment to prevent dermal exposure
(where there is a potential for dermal
exposures);
3. Establishment and use of a hazard
communication program, including
precautionary statements on each label
and in the SDS;
4. No manufacture of the substance in
the United States (i.e. import only);
5. Import the substance only as a
solution;
6. No use of the substance other than
for the confidential uses allowed in the
Order; and
7. Not release the substance in surface
waters resulting in concentrations that
exceed 55 ppb.
The SNUR designates 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
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 exceed the production
limit in the Order without performing
specific photolysis, internal organ
effects, reproductive/developmental
toxicity, and aquatic toxicity tests.
CFR citation: 40 CFR 721.11105.
PMN Number P–16–533
Chemical name: Ethanaminium,
alkyl-, salt with triazole (generic).
CAS number: Not available.
Effective date of TSCA section 5(e)
Order: July 24, 2017.
Basis for TSCA section 5(e) Order:
The PMN states that the generic (nonconfidential) use of the substance will
be as a cleaning agent for electronics
manufacture. EPA identified concerns
for neurotoxicity, developmental and
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reproductive toxicity, irritation,
corrosion, sensitization, and
carcinogenicity based on analogy to
benzotriazole and quaternary amines.
Based on SAR analysis of test data on
analogous benzotriazoles, EPA predicts
toxicity to aquatic organisms may occur
at concentrations that exceed 570 ppb in
surface waters. The Order was issued
under TSCA sections 5(a)(3)(B)(ii)(I) and
5(e)(1)(A)(ii)(I), based on a finding that
the substance may present an
unreasonable risk of injury to health and
the environment. To protect against
potential risks, the Order requires:
1. Submission to EPA of certain
toxicity testing before exceeding the
confidential production volume limits
specified in the Order;
2. Use of personal protective
equipment to prevent dermal exposure
(where there is a potential for dermal
exposure);
3. Establishment and use of a hazard
communication program, including
precautionary statements on each label
and in the SDS;
4. Refrain from manufacture, process
or use activities that result in inhalation
exposure to vapor, dust, mist or
aerosols;
5. No use other than confidential use
allowed by the Order; and
6. No release of the substance to
surface waters.
The SNUR designates 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 exceed the
production limit in the Order without
performing specific internal organ
effects testing of the PMN substance. In
addition, EPA has determined that the
results of acute and chronic aquatic
toxicity testing may be potentially
useful in characterizing the
environmental effects of the PMN
substance. Although the Order does not
require this additional testing, the
Order’s restrictions on manufacture,
processing, distribution in commerce,
use, 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 721.11105.
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PMN Number P–16–595
Chemical name: Substituted(hydroxyalkyl)-alkyl-alkanoic acid,
hydroxy-(substitutedalkyl)-alkyl-,
polymer with alpha-hydro-omegahydroxypoly[oxy (alkylethanediyl)] and
isocyanato-(isocyanatoalkyl)multialkylcycloalkane, salt, alkanolblocked, compds. (generic).
CAS number: Not available.
Effective date of TSCA section 5(e)
Order: June 27, 2017.
Basis for TSCA section 5(e) Order:
The PMN states that the generic (nonconfidential) use of the substance will
be as a polymer. EPA identified
concerns for irritation to skin, eyes, and
lung, kidney and developmental effects
based on functional groups present as
part of the PMN structure. Based on
SAR analysis of test data on analogous
polyanionic polymers, EPA identified
potential environmental toxicity if the
substance is produced with a different
average molecular weight or proportion
of repeating units. The Order was issued
under TSCA sections 5(a)(3)(B)(ii)(I) and
5(e)(1)(A)(ii)(I), based on a finding that
the substance may present an
unreasonable risk of injury to health and
the environment. To protect against
potential risks, the Order requires:
1. No manufacture of the substance in
the United States (i.e. import only);
2. Import of the substance under the
confidential conditions required by the
Order;
3. No use of the substance other than
as the confidential use allowed
described in the Order; and
4. No release of the substance to
surface waters.
The SNUR designates 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 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. EPA has
determined that the results of physicalchemical property measurements, acute
toxicity tests, and acute and chronic
aquatic toxicity tests may be potentially
useful in characterizing the health and
environmental effects of the PMN
substance. Although the Order does not
require this additional testing, the
Order’s restrictions on manufacture,
processing, distribution in commerce,
use, and disposal will remain in effect
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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 721.11106.
PMN Number P–17–170
Chemical name: Alkanediol, 2,2-bis
(substituted alkyl)- polymer with
substituted alkane, heteromonocycles,
alkenoate (generic).
CAS number: Not available.
Effective date of TSCA section 5(e)
Order: July 12, 2017.
Basis for TSCA section 5(e) Order:
The PMN states that the substance will
be used as an ultraviolet curable coating
resin for three-dimensional printing
applications. EPA identified concerns
for oncogenicity, developmental
toxicity, liver and kidney effects,
sensitization, and irritation based on
analogy to acrylates. EPA also identified
additional human health concerns and
environmental toxicity concerns if the
polymer is made differently than
described in the PMN. The Order was
issued under TSCA sections
5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I),
based on a finding that the substance
may present an unreasonable risk of
injury to health and the environment.
To protect against potential risks, the
Order requires:
1. Submission to EPA of certain
toxicity testing before exceeding the
aggregate production volume limit of
105,000 kilograms specified in the
Order;
2. Use of personal protective
equipment to prevent dermal exposure
including gloves (where there is a
potential for dermal exposures);
3. Establishment and use of a hazard
communication program, including
precautionary statements on each label
and in the SDS;
4. Refrain from manufacture, process
or use activities that result in inhalation
exposure to vapor, dust, mist or
aerosols;
5. No use other than as an ultraviolet
curable coating resin for threedimensional printing applications;
6. Manufacture of the substance with
no greater than 0.1% residual
isocyanate; and
7. Manufacture of the substance with
an average molecular weight greater
than 1,000 daltons.
The SNUR designates 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 toxicity of the PMN substance may
be potentially useful to characterize the
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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 exceed the production
limit in the Order without performing
specific mutagenicity and sensitization
testing of the PMN substance. In
addition, EPA has determined that the
results of physical-chemical property
measurements, internal organ toxicity
tests, and acute and chronic aquatic
toxicity tests may be potentially useful
in characterizing the environmental
effects of the PMN substance. Although
the Order does not require this
additional testing, the Order’s
restrictions on manufacture, processing,
distribution in commerce, use, 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 721.11107.
PMN Number P–17–172
Chemical name: Sulfurized
alkylphenol, calcium salts (generic).
CAS number: Not available.
Effective date of TSCA section 5(e)
Order: June 19, 2017.
Basis for TSCA section 5(e) Order:
The PMN states that the generic (nonconfidential) use of the substance will
be as a lubricating oil additive. EPA
identified concerns for lung toxicity
based on submitted test data and data
for analogous chemicals. The Order was
issued under TSCA sections
5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I), as
well as 5(a)(3)(B)(ii)(II) and
5(e)(1)(A)(ii)(II), based on a finding that
the substance may present an
unreasonable risk of injury to human
health and the environment, and the
substance is or will be produced in
substantial quantities and there is or
may be significant (substantial) human
exposure to the substance. To protect
against potential risks, the Order
requires:
1. Refrain from manufacture, process
or use activities that result in inhalation
exposure to vapor, dust, mist or
aerosols; and
2. No use other than the confidential
use allowed by the Order;
The SNUR designates 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
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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
pulmonary effects testing 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, use, 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 721.11108.
PMN Number P–17–177
Chemical name:
Monoheteropentacycloalkane-4carboxylic acid, substituted cyclo-alkyl
ester (generic).
CAS number: Not available.
Effective date of TSCA section 5(e)
Order: July 28, 2017.
Basis for TSCA section 5(e) Order:
The PMN states that the generic (nonconfidential) use of the substance will
be for microlithography for electronic
device manufacturing. EPA identified
human health and environmental
concerns because the substance may be
persistent, bioaccumulative, and toxic
(PBT) chemicals. EPA estimates that the
substance will persist in the
environment for more than two months
and estimates a bioaccumulation factor
of greater than or equal to 1,000. EPA
identified concerns for oncogenicity,
developmental toxicity, liver and
kidney effects, sensitization, and
irritation based on data for analogous
chemicals. Based on SAR estimates for
esters and other analogous chemicals.
EPA predicts toxicity to aquatic
organisms may occur at concentrations
that exceed 2 ppb in surface waters. The
Order was issued under TSCA sections
5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I),
based on a finding that the substance
may present an unreasonable risk of
injury to health and the environment.
To protect against potential risks, the
Order requires:
1. Use of personal protective
equipment to prevent dermal exposure
(where there is a potential for dermal
exposures);
2. Establishment and use of a hazard
communication program, including
precautionary statements on each label
and in the SDS;
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3. No manufacture of the substance in
the United States (i.e. import only);
4. No use other than the confidential
use allowed by the Order;
5. No exceedance of the confidential
annual production volume limit in the
Order; and
6. No release of the substance to
surface waters.
The SNUR designates 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
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. EPA has
determined that the results of acute
toxicity, mutagenicity, sensitization,
internal organ toxicity, reproductive/
developmental toxicity, biodegradation,
bioconcentration, and acute and chronic
aquatic toxicity testing may be
potentially useful in characterizing the
health and environmental effects of the
PMN substance. Although the Order
does not require this additional testing,
the Order’s restrictions on manufacture,
processing, distribution in commerce,
use, 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 721.11109.
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PMN Number P–17–179
Chemical name: Modified
carboxypolyamine salt (generic).
CAS number: Not available.
Effective date of TSCA section 5(e)
Order: July 31, 2017.
Basis for TSCA section 5(e) Order:
The PMN states that the substance will
be used as a dispersive additive for
pigments in industrial paints and
coatings. EPA identified concerns for
skin irritation and lung toxicity based
on cationic binding properties. The
Order was issued under TSCA sections
5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I),
based on a finding that the substance
may present an unreasonable risk of
injury to health and the environment.
To protect against potential risks, the
Order requires:
1. Submission to EPA of certain
toxicity testing before excceding the
confidential production volume limit
specified in the Order;
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2. Use of personal protective
equipment to prevent dermal exposure
(where there is a potential for dermal
exposures);
3. Establishment and use of a hazard
communication program, including
precautionary statements on each label
and in the SDS;
4. Refrain from manufacture, process
or use activities that result in inhalation
exposure to vapor, dust, mist or
aerosols;
5. No use other than a dispersive
additive for pigments in industrial
paints and coatings;
6. No processing or use of the
substance in a paint or coating
formulation greater than 1% by weight
or volume; and
7. No manufacture of the substance in
the United States (i.e. import only).
The SNUR designates 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. The submitter
has agreed not to exceed the production
limit in the Order without performing
specific pulmonary effects testing of the
PMN substance.
CFR citation: 40 CFR 721.11110.
PMN Number P–17–222
Chemical name: 1, 3,5-Triazine-2,4diamine, 6-phenyl-, reaction products
with polyalkylene glycol mono- alkyl
ether and 2,4-toluene diisocyanate
(generic).
CAS number: Not available.
Effective date of TSCA section 5(e)
Order: July 28, 2017.
Basis for TSCA section 5(e) Order:
The PMN states that the generic (nonconfidential) use of the substance will
be as an additive open non-dispersive
use. EPA identified concerns for dermal
sensitization, respiratory sensitization,
lung effects, neurotoxicity, and
developmental toxicity based on the
potential for residual diisocyanates. The
Order was issued under TSCA sections
5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I),
based on a finding that the substance
may present an unreasonable risk of
injury to health and the environment.
To protect against potential risks, the
Order requires:
1. Refrain from manufacture, process
or use activities that result in inhalation
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43545
exposure to vapor, dust, mist or
aerosols;
2. Not sell the substance for
‘‘consumer use’’ or for ‘‘commercial
uses’’ (as the term is defined at 40 CFR
721.3) when the ‘‘saleable goods or
service’’ could introduce the material
into a ‘‘consumer’’ setting (as that term
is defined in 40 CFR 721.3);
3. Use the substance only in a
formulation for the use allowed in the
Order with isocyanate residuals not
greater than 0.1 percent by weight or
volume; and
4. Import the substance where there is
no more than 0.15% residual toluene
isocyanate.
The SNUR designates 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 a
sensitization test and pulmonary effects
test 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,
use, 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 721.11111.
PMN Number P–17–231
Chemical name: Fatty acids, polymers
with benzoic acid,
cyclohexanedicarboxylic acid
anhydride, aliphatic diisocyanate, alkyl
diol, alkyl triol, pentaerythritol,
phthalic anhydride, polyalkylene glycol
amine, and aromatic dicarboxylate
sulfonic acid sodium salt (generic).
CAS number: Not available.
Effective date of TSCA section 5(e)
Order: July 20, 2017.
Basis for TSCA section 5(e) Order:
The PMN states that the generic (nonconfidential) use of the substance will
be as a paint, stain, or primer coating.
EPA identified concerns for dermal
sensitization, respiratory sensitization,
lung effects, neurotoxicity, and
developmental toxicity based on the
potential for residual diisocyanates. The
Order was issued under TSCA sections
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5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I),
based on a finding that the substance
may present an unreasonable risk of
injury to health and the environment.
To protect against potential risks, the
Order requires:
1. Manufacture of the substance
where there is no more than 0.1%
residual isocyanate.
The SNUR designates 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 a
sensitization test and a pulmonary
effects test 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,
use, 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 721.11112.
PMN Numbers P–17–247 and P–17–248
Chemical names: Branched alkyl
(C=17) carboxylic acid (generic) (P–17–
247) and branched alkyl (C=18) alcohol
(generic) (P–17–248).
CAS numbers: Not available.
Effective date of TSCA section 5(e)
Order: June 29, 2017.
Basis for TSCA section 5(e) Order:
The PMNs state that the generic (nonconfidential) use of the substances will
be as chemical raw materials. EPA
identified human health and
environmental concerns because the
substances may be persistent,
bioaccumulative, and toxic (PBT)
chemicals. EPA estimates that the
substances will persist in the
environment for more than two months
and estimates a bioaccumulation factor
of greater than or equal to 1,000. Based
on analogue data EPA identified
concerns for developmental toxicity,
liver, kidney, and thyroid effects,
dermal sensitization, and irritation.
Based on SAR estimates for neutral
organic chemicals, EPA predicts toxicity
to aquatic organisms may occur at
concentrations that exceed 1 ppb in
surface waters. The Order was issued
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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 health and
the environment. To protect against
potential risks, the Order requires:
1. Submission to EPA of certain
toxicity testing before exceeding the
confidential production volume limit
specified in the Order;
2. Use of personal protective
equipment to prevent dermal exposure
(where there is a potential for dermal
exposures);
3. Establishment and use of a hazard
communication program, including
precautionary statements on each label
and in the SDS;
4. Refrain from manufacture, process
or use activities that result in inhalation
exposure to vapor, dust, mist or
aerosols;
5. No use other than as a chemical
intermediate;
6. No manufacture of the substances
in the United States (i.e. import only);
and
7. No release of the substances to
surface waters.
The SNUR designates as a ‘‘significant
new use’’ the absence of these protective
measures.
Potentially useful information: EPA
has determined that certain information
about the bioaccumulation and 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 exceed the production
limit in the Order without performing
specific sensitization, internal organ
effect, and reproductive/developmental
testing of the PMN substances. In
addition, EPA has determined that the
results of acute aquatic toxicity and
bioaccumulation testing may be
potentially useful in characterizing the
environmental and 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,
use, 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 721.11113 P–
17–247 and 40 CFR 721.11114 P–17–
248.
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PMN Number P–17–260
Chemical name: Alkoxy silane
modified butadiene styrene copolymer
(generic).
CAS number: Not available.
Effective date of TSCA section 5(e)
Order: July 10, 2017.
Basis for TSCA section 5(e) Order:
The PMN states that the generic (nonconfidential) use of the substance will
be as a resin modifier. EPA identified
concerns for lung effects based on test
data for the substance and data for
analogous alkoxysilane non-ionic
polymers. The Order was issued under
TSCA sections 5(a)(3)(B)(ii)(I) and
5(e)(1)(A)(ii)(I), based on a finding that
the substance may present an
unreasonable risk of injury to human
health. To protect against potential
risks, the Order requires:
1. Refrain from manufacture, process
or use activities that result in inhalation
exposure to vapor, dust, mist or
aerosols; and
2. No use other than the confidential
use allowed by the Order;
The SNUR designates 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
pulmonary effects test 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, use, 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 721.11115.
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 19 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
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substances. The basis for such findings
is outlined in Unit IV. Based on these
findings, TSCA section 5(e) 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.
VI. Direct Final Procedures
EPA is issuing these SNURs as a
direct final rule. The effective date of
this rule is October 26, 2018 without
further notice, unless EPA receives
written adverse comments before
September 26, 2018.
If EPA receives written adverse
comments on one or more of these
SNURs before September 26, 2018, EPA
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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.
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.
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) Orders have been
issued for all of the chemical
substances, and the PMN submitters are
prohibited by the TSCA section 5(e)
Orders from undertaking activities
which will be designated as significant
new uses. The identities of the 19
chemical substances subject to these
rules have been claimed as confidential
and EPA has received no 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 27,
2018 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
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)
Orders for the chemical substances
regulated under this rule, EPA has
established production volume limits in
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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 potential risks posed by these
chemical substances. Under recent
TSCA section 5(e) Orders, each PMN
submitter is required to submit each
study at least 14 weeks (earlier TSCA
section 5(e) 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) 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
Orders was made based on EPA’s
consideration of available screeninglevel 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.
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IX. Procedural Determinations
By this rule, EPA is establishing
certain significant new uses which have
been claimed as CBI subject to Agency
confidentiality regulations at 40 CFR
part 2 and 40 CFR part 720, subpart E.
Absent a final determination or other
disposition of the confidentiality claim
under 40 CFR part 2 procedures, EPA is
required to keep this information
confidential. EPA promulgated a
procedure to deal with the situation
where a specific significant new use is
CBI, at § 721.1725(b)(1).
Under these procedures a
manufacturer or processor may request
EPA to determine whether a proposed
use would be a significant new use
under the rule. The manufacturer or
processor must show that it has a bona
fide intent to manufacture or process the
chemical substance and must identify
the specific use for which it intends to
manufacture or process the chemical
substance. If EPA concludes that the
person has shown a bona fide intent to
manufacture or process the chemical
substance, EPA will tell the person
whether the use identified in the bona
fide submission would be a significant
new use under the rule. Since most of
the chemical identities of the chemical
substances subject to these SNURs are
also CBI, manufacturers and processors
can combine the bona fide submission
under the procedure in § 721.1725(b)(1)
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
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CFR 720.50. SNUNs must be submitted
on EPA Form No. 7710–25, generated
using e-PMN software, and submitted to
the Agency in accordance with the
procedures set forth in 40 CFR 720.40
and § 721.25. E–PMN software is
available electronically at https://
www.epa.gov/opptintr/newchems.
XI. Economic Analysis
EPA has evaluated the potential costs
of establishing SNUN requirements for
potential manufacturers and processors
of the chemical substances subject to
this rule. EPA’s complete economic
analysis is available in the docket under
docket ID number EPA–HQ–OPPT–
2017–0464.
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) 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
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already been approved by OMB
pursuant to PRA under OMB control
number 2070–0012 (EPA ICR No. 574).
This action does not impose any burden
requiring additional OMB approval. If
an entity were to submit a SNUN to the
Agency, the annual burden is estimated
to average between 30 and 170 hours
per response. This burden estimate
includes the time needed to review
instructions, search existing data
sources, gather and maintain the data
needed, and complete, review, and
submit the required SNUN.
Send any comments about the
accuracy of the burden estimate, and
any suggested methods for minimizing
respondent burden, including through
the use of automated collection
techniques, to the Director, Collection
Strategies Division, Office of
Environmental Information (2822T),
Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC
20460–0001. Please remember to
include the OMB control number in any
correspondence, but do not submit any
completed forms to this address.
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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
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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,
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43549
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: August 17, 2018.
Jeffery T. Morris,
Director, Chemical Control Division, Office
of Pollution Prevention and Toxics.
Therefore, 40 CFR parts 9 and 721 are
amended as follows:
PART 9—[AMENDED]
1. The authority citation for part 9
continues to read as follows:
■
Authority: 7 U.S.C. 135 et seq., 136–136y;
15 U.S.C. 2001, 2003, 2005, 2006, 2601–2671;
21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33
U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318,
1321, 1326, 1330, 1342, 1344, 1345(d) and
(e), 1361; E.O. 11735, 38 FR 21243, 3 CFR,
1971–1975 Comp. p. 973; 42 U.S.C. 241,
242b, 243, 246, 300f, 300g, 300g–1, 300g–2,
300g–3, 300g–4, 300g–5, 300g–6, 300j–1,
300j–2, 300j–3, 300j–4, 300j–9, 1857 et seq.,
6901–6992k, 7401–7671q, 7542, 9601–9657,
11023, 11048.
2. In § 9.1, add the following sections
in numerical order under the
undesignated center heading
‘‘Significant New Uses of Chemical
Substances’’ to read as follows:
■
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§ 9.1 OMB approvals under the Paperwork
Reduction Act.
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OMB
control No.
40 CFR citation
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*
Significant New Uses of Chemical
Substances
*
721.11097
721.11098
721.11099
721.11100
721.11101
721.11102
721.11103
721.11104
721.11105
721.11106
721.11107
721.11108
721.11109
721.11110
721.11111
721.11112
721.11113
721.11114
721.11115
*
*
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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
*
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PART 721—[AMENDED]
3. The authority citation for part 721
continues to read as follows:
■
Authority: 15 U.S.C. 2604, 2607, and
2625(c).
4. Add § 721.11097 to subpart E to
read as follows:
■
amozie on DSK3GDR082PROD with RULES
§ 721.11097 Benzene, 1,4-bis(alkyl)-,
homopolymer (generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically benzene, 1,4-bis(alkyl)-,
homopolymer (PMN P–15–719) 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)(concentrations set at 1.0
percent), (f), (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.
(ii) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80(k) and (q).
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(iii) Disposal. Requirements as
specified in § 721.85(a)(1), (2), (b)(1), (2),
(c)(1), and (2).
(iv) Release to water. Requirements as
specified in § 721.90(a)(1), (b)(1), and
(c)(1).
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph.
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a), (b), (c), and (f) through (k)
are applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of
certain notification requirements. The
provisions of § 721.185 apply to this
section.
(3) Determining whether a specific use
is subject to this section. The provisions
of § 721.1725(b)(1) apply to paragraph
(a)(2)(iii) of this section.
■ 5. Add § 721.11098 to subpart E to
read as follows:
§ 721.11098 Polyethylene glycol polymer
with aliphatic polycarbodiimide
bis(alkoxysilylpropyl) amine blocked
(generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as polyethylene glycol
polymer with aliphatic
polycarbodiimide bis(alkoxysilylpropyl)
amine blocked (PMN P–16–99) 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), (a)(4),
when determining which persons are
reasonably likely to be exposed as
required for § 721.63(a)(1) and (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) with an assigned
protection factor (APF) of at least 10),
(a)(6)(particulate), (b)(concentrations set
at 1.0 percent) 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
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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 1.0
percent), (f), (g)(1)(ii), (g)(2)(ii), (iii), (use
respiratory protection or maintain
workplace airborne concentrations at or
below an 8-hour time-weighted average
of 0.9 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(k), (q) and (t). It is
a significant new use to process or use
the chemical substance other than for
commercial use but without any use in
a consumer setting. It is a significant
new use to manufacture the chemical
substance containing greater than 0.2%
residual isocyanate.
(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.
■ 6. Add § 721.11099 to subpart E to
read as follows:
§ 721.11099 Fluorinated
organopolysilazane (generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as a fluorinated
organopolysilazane (PMN P–16–221) 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)(3), (a)(4), when
determining which persons are
reasonably likely to be exposed as
required for § 721.63(a)(1) engineering
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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), (a)(6)(v), (vi),
(b)(concentrations set at 1.0 percent),
and (c).
(ii) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80(f), (p) (204
kilograms) and (s)(100 kilograms). It is
a significant new use to use the
substance other than in confidential
coating system allowed in the Order.
(iii) Release to water. Requirements as
specified in § 721.90(a)(1), (b)(1), and
(c)(1).
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph.
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (e), (i), and (k) are
applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of
certain notification requirements. The
provisions of § 721.185 apply to this
section.
(3) Determining whether a specific use
is subject to this section. The provisions
of § 721.1725(b)(1) apply to paragraph
(a)(2)(iii) of this section.
■ 7. Add § 721.11100 to subpart E to
read as follows:
amozie on DSK3GDR082PROD with RULES
§ 721.11100 Carbopolycyclebis(diazonium), dihalo-, chloride (1:2),
reaction products with metal hydroxide, 4[(dioxoalkyl)amino]substituted benzene, 2[(dioxoalkyl)amino]substituted benzene, 5[(dioxoalkyl)amino]-2-hydroxy-substituted
benzene and oxo-n-phenylalkanamide
(generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as carbopolycyclebis(diazonium), dihalo-, chloride (1:2),
reaction products with metal hydroxide,
4-[(dioxoalkyl)amino] substituted
benzene, 2[(dioxoalkyl)amino]substituted benzene,
5-[(dioxoalkyl) amino] 2-hydroxysubstituted benzene and oxo-nphenylalkanamide (PMN P–16–359) 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)(3), (a)(4), when
determining which persons are
reasonably likely to be exposed as
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required for § 721.63(a)(1), engineering
control measures (e.g., enclosure or
confinement of the operation, general
and local ventilation) or administrative
control measures (e.g., workplace
policies and procedures) shall be
considered and implemented to prevent
exposure, where feasible,
(a)(6)(particulate), (b)(concentrations set
at 0.1 percent) and (c).
(ii) Hazard communication.
Requirements as specified in § 721.72(a)
through (e)(concentration set 0.1
percent), (f), (g)(1)(iv), (vii), (g)(2)(i), (ii),
(do not process or use at greater than
200 degrees Celsius), 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 (q). It is a
significant new use to process or use the
PMN substance at a temperature greater
than 200 degrees C.
(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.
■ 8. Add § 721.11101 to subpart E to
read as follows:
§ 721.11101 Blocked polyester
polyurethane, neutralized (generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as blocked polyester
polyurethane, neutralized (PMN P–16–
363) 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), 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
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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)(2)(i), (ii), (iii), (a)(3),
(a)(6)(particulate), (a)(6)(v), (vi)
(b)(concentrations set at 0.1 percent)
and (c).
(ii) Hazard communication.
Requirements as specified in § 721.72
(a) through (e)(concentration set 0.1
percent), (f), (g)(1)(i), (ii), (g)(2)(i), (ii),
(iii), (iv), and (g)(5). Alternative hazard
and warning statements that meet the
criteria of the Globally Harmonized
System (GHS) and OSHA Hazard
Communication Standard may be used.
(iii) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80 It is a significant
new use to manufacture, process, or use
the substance with a residual of free
isocyanate monomers greater than 0.1
percent by weight. It is a significant new
use to modify manufacture, process or
use activities if it results in inhalation
exposure to vapor, dust, mist or aerosols
to the substance. It is a significant new
use to manufacture, process, or use the
substance for consumer use, or for
commercial uses when the saleable
goods or service could introduce the
substance into a consumer setting. It is
a significant new use to manufacture,
process, or use the substance other than
in an aqueous formulation.
(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.
■ 9. Add § 721.11102 to subpart E to
read as follows:
§ 721.11102 Methoxy-terminated
polysiloxane (generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as methoxy-terminated
polysiloxane (PMN P–16–370) 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
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§ 721.63(a)(1), (a)(2)(i), (ii), (iii), (a)(3),
(a)(4), when determining which persons
are reasonably likely to be exposed as
required for § 721.63(a)(1) and (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 25),
(a)(6)(particulate), (a)(6)(v), (vi),
(b)(concentrations set at 1.0 percent),
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 8.4 milligrams
per cubic meter 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 1.0
percent), (f), (g)(1)(i), (ii), (g)(2)(i), (ii),
(iii), (use respiratory protection or
maintain workplace airborne
concentrations at or below an 8-hour
time-weighted average of 8.4 mg/m3),
(g)(2)(v), (do not use for spray
application), 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). It is
a significant new use to manufacture,
process, or use the substance for
consumer use, or for commercial uses
when the saleable goods or service
could introduce the substance into a
consumer setting.
(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
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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.
■ 10. Add § 721.11103 to subpart E to
read as follows:
§ 721.11103
(generic).
Hydroxystyrene resin
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as hydroxystyrene resin
(PMN P–16–376) is subject to reporting
under this section for the significant
new uses described in paragraph (a)(2)
of this section.
(2) The significant new uses are:
(i) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80 It is a significant
new use to manufacture the PMN
substance with an average molecular
weight less than 2906 daltons and to
have greater than 0.5 percent low weight
molecular species less than 500 daltons
and 1.0 percent low weight molecular
species less than 1000 daltons.
(ii) [Reserved]
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph.
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (i) are applicable to
manufacturers and processors of this
substance.
(2) Limitations or revocation of
certain notification requirements. The
provisions of § 721.185 apply to this
section.
■ 11. Add § 721.11104 to subpart E to
read as follows:
§ 721.11104 Benzenesulfonic acid 1,2diazenediylbis[6-ethenyl]-3-sulfophenyl
diazenyl-2-sulfophenyl ethenyl salt
(generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as benzenesulfonic acid 1,2diazenediylbis[6-ethenyl]-3-sulfophenyl
diazenyl-2-sulfophenyl ethenyl salt
(PMN P–16–487) 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
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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 percent), and (c).
(ii) Hazard communication.
Requirements as specified in § 721.72(a)
through (e)(concentration set 1.0
percent), (f), (g)(1)(iv), (vi), (ix), (blood
effects), (g)(2)(i), (v), (g)(3)(i), (ii),
(g)(4)(water release restrictions apply),
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). It is
a significant new use to import the
substance other than in solution.
(iv) Release to water. Requirements as
specified in § 721.90(a)(4), (b)(4), and
(c)(4) where N = 55.
(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.
■ 12. Add § 721.11105 to subpart E to
read as follows:
§ 721.11105 Ethanaminium, alkyl-, salt
with triazole (generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as ethanaminium, alkyl-, salt
with triazole (PMN P–16–533) 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), (ii), (iii), (a)(3),
when determining which persons are
reasonably likely to be exposed as
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required for § 721.63(a)(1) engineering
control measures (e.g., enclosure or
confinement of the operation, general
and local ventilation) or administrative
control measures (e.g., workplace
policies and procedures) shall be
considered and implemented to prevent
exposure, where feasible,
(a)(6)(particulate), (a)(6)(v), (vi), (b)
(concentration set 0.1 percent), and (c).
(ii) Hazard communication.
Requirements as specified in § 721.72(a)
through (e)(concentration set 0.1
percent), (f), (g)(1)(i), (iii), (v), (vii), (ix),
(g)(2)(i), (ii), (iii), (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 § 721.80(k) and (q). It is a
significant new use to modify the
manufacture, process or use activities if
it results in inhalation exposure to
vapor, dust, mist or aerosols to the
substance.
(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.
■ 13. Add § 721.11106 to subpart E to
read as follows:
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§ 721.11106 Substituted-(hydroxyalkyl)alkyl-alkanoic acid, hydroxy(substitutedalkyl)-alkyl-, polymer with
alpha-hydro-omega-hydroxypoly[oxy
(alkylethanediyl)] and isocyanato(isocyanatoalkyl)-multialkylcycloalkane,
salt, alkanol-blocked, compds. (generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as substituted(hydroxyalkyl)-alkyl-alkanoic acid,
hydroxy-(substitutedalkyl)-alkyl-,
polymer with alpha-hydro-omegahydroxypoly [oxy(alkylethanediyl)] and
isocyanato-(isocyanatoalkyl)multialkylcycloalkane, salt, alkanolblocked, compds. (PMN P–16–595) is
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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) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80(f) and (k). It is a
significant new use to import the
substance other than as required in the
Order.
(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)(iii) of this section.
■ 14. Add § 721.11107 to subpart E to
read as follows:
§ 721.11107 Alkanediol, 2,2-bis
(substituted alkyl)- polymer with substituted
alkane, heteromonocycles, alkenoate
(generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as alkanediol, 2,2-bis
(substituted alkyl)- polymer with
substituted alkane, heteromonocycles,
alkenoate (PMN P–17–170) is subject to
reporting under this section for the
significant new uses described in
paragraph (a)(2) of this section. The
requirements of this section do not
apply to quantities of the PMN
substance after they have been reacted
(cured).
(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,
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43553
(b)(concentration set 0.1 percent), and
(c)
(ii) Hazard communication.
Requirements as specified in § 721.72(a)
through (e)(concentration set 0.1
percent), (f), (g)(1)(i), (ii), (v), (vii), (ix),
(g)(2)(i), (v), (g)(4) 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)(ultraviolet
curable coating resin for three
dimensional printing applications) and
(p)(105,000 kilograms). It is a significant
new use to modify the manufacture,
process or use activities if it results in
inhalation exposure to vapor, dust, mist
or aerosols to the substance. It is a
significant new use to manufacture the
chemical substance containing greater
than 0.1 percent residual isocyanate or
an average molecular weight below
1,000 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.
(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.
■ 15. Add § 721.11108 to subpart E to
read as follows:
§ 721.11108 Sulfurized alkylphenol,
calcium salts (generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as sulfurized alkylphenol,
calcium salts (PMN P–17–172) 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). It is a
significant new use to modify the
manufacture, process or use activities if
it results in inhalation exposure to
vapor, dust, mist or aerosols to the
substance.
(ii) [Reserved]
(b) Specific requirements. The
provisions of subpart A of this part
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apply to this section except as modified
by this paragraph.
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a), (b), (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.
■ 16. Add § 721.11109 to subpart E to
read as follows:
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.
■ 17. Add § 721.11110 to subpart E to
read as follows:
§ 721.11109
Monoheteropentacycloalkane-4-carboxylic
acid, substituted cyclo-alkyl ester (generic).
§ 721.11110 Modified carboxypolyamine
salt (generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as
monoheteropentacycloalkane-4carboxylic acid, substituted cyclo-alkyl
ester (PMN P–17–177) 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)(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 0.1 percent), and
(c).
(ii) Hazard communication.
Requirements as specified in § 721.72(a)
through (e)(concentration set 0.1
percent), (f), (g)(1)(i), (ii), (iv), (vi), (vii),
(ix), (skin, eye, and mucous membrane
irritation), (g)(2)(i), (ii), (iii), (v), (g)(3)(i),
(ii), (g)(4)(i), (ii), (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(f), (k), and (t).
(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
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16:25 Aug 24, 2018
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(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as modified
carboxypolyamine salt (PMN P–17–179)
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), (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,
(a)(6)(particulate), (a)(6)(v), (vi),
(b)(concentration set 0.1 percent), and
(c).
(ii) Hazard communication.
Requirements as specified in § 721.72(a)
through (e)(concentration set 0.1
percent), (f), (g)(1)(i), (ii), (g)(2)(i), (ii),
(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), (k)(dispersive
additive for pigments in industrial
paints and coatings) and (q). It is a
significant new use to process or use the
substance in a paint or coating
formulation greater than 1 percent by
weight or volume. It is a significant new
use to process or use the substance
resulting in inhalation exposure to a
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Fmt 4700
Sfmt 4700
vapor, dust, mist or aerosol at greater
than 1 percent by weight or volume.
(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.
■ 18. Add § 721.11111 to subpart E to
read as follows:
§ 721.11111 1,3,5-Triazine-2,4-diamine, 6phenyl-, reaction products with
polyalkylene glycol mono- alkyl ether and
2,4-toluene diisocyanate (generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as 1,3,5-triazine-2,4diamine, 6-phenyl-, reaction products
with polyalkylene glycol mono-alkyl
ether and 2,4-toluene diisocyanate
(PMN P–17–222) is subject to reporting
under this section for the significant
new uses described in paragraph (a)(2)
of this section. The requirements of this
section do not apply to quantities of the
PMN substance after they have been
reacted (cured).
(2) The significant new uses are:
(i) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80(k)(use of the
substance in the formulation for the use
allowed in the Order with isocyanate
residuals not greater than 0.1 percent by
weight or volume). It is a significant
new use to process or use the chemical
substance other than for commercial use
but without any use in a consumer
setting. It is a significant new use to
modify the manufacture, process or use
activities if it results in inhalation
exposure to vapor, dust, mist or aerosols
to the substance. It is a significant new
use to import the chemical substance
containing greater than 0.15 percent
residual isocyanate.
(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), (b), (c), and (i) are
applicable to manufacturers and
processors of this substance.
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(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.
■ 19. Add § 721.11112 to subpart E to
read as follows:
§ 721.11112 Fatty acids, polymers with
benzoic acid, cyclohexanedicarboxylic acid
anhydride, aliphatic diisocyanate, alkyl diol,
alkyl triol, pentaerythritol, phthalic
anhydride, polyalkylene glycol amine, and
aromatic dicarboxylate sulfonic acid
sodium salt (generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as fatty acids, polymers with
benzoic acid, cyclohexanedicarboxylic
acid anhydride, aliphatic diisocyanate,
alkyl diol, alkyl triol, pentaerythritol,
phthalic anhydride, polyalkylene glycol
amine, and aromatic dicarboxylate
sulfonic acid sodium salt (PMN P–17–
231) 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) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80. It is a significant
new use to manufacture the chemical
substance containing greater than 0.1
percent residual isocyanate.
(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), (b), (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.
■ 20. Add § 721.11113 to subpart E to
read as follows:
amozie on DSK3GDR082PROD with RULES
§ 721.11113 Branched alkyl (C = 17)
carboxylic acid (generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as branched alkyl (C = 17)
carboxylic acid (PMN P–17–247) is
subject to reporting under this section
for the significant new uses described in
paragraph (a)(2) of this section. The
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16:25 Aug 24, 2018
Jkt 244001
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), (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 percent), and
(c).
(ii) Hazard communication.
Requirements as specified in § 721.72(a)
through (e)(concentration set 1.0
percent), (f), (g)(1)(irritation),
(sensitization), (g)(1)(iv), (vi), (ix),
(g)(2)(i), (ii), (iii), (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 § 721.80(f), (g) and (q). It is
a significant new use to modify the
manufacture, process or use activities if
it results in inhalation exposure to
vapor, dust, mist or aerosols to the
substance.
(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.
■ 21. Add § 721.11114 to subpart E to
read as follows:
§ 721.11114 Branched alkyl (C = 18)
alcohol (generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as branched alkyl (C = 18)
alcohol (PMN P–17–248) is subject to
reporting under this section for the
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Fmt 4700
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43555
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), (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 percent), and
(c).
(ii) Hazard communication.
Requirements as specified in § 721.72(a)
through (e)(concentration set 1.0
percent), (f), (g)(1)(irritation),
(sensitization), (g)(1)(iv), (vi), (ix),
(g)(2)(i), (ii),)(iii), (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 § 721.80(f), (g) and (q). It is
a significant new use to modify the
manufacture, process or use activities if
it results in inhalation exposure to
vapor, dust, mist or aerosols to the
substance.
(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 § 721.11115 to subpart E to
read as follows:
§ 721.11115 Alkoxy silane modified
butadiene styrene copolymer (generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as alkoxy silane modified
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butadiene styrene copolymer (PMN P–
17–260) 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) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80(k). It is a
significant new use to modify the
manufacture, process or use activities if
it results in inhalation exposure to
vapor, dust, mist or aerosols to the
substance.
(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), (b), (c), and (i) are
applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of
certain notification requirements. The
provisions of § 721.185 apply to this
section.
(3) Determining whether a specific use
is subject to this section. The provisions
of § 721.1725(b)(1) apply to paragraph
(a)(2)(i) of this section.
[FR Doc. 2018–18403 Filed 8–24–18; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 73
[MB Docket Nos. 18–214, 12–268; FCC 18–
113]
LPTV, TV Translator, and FM
Broadcast Station Reimbursement;
Expanding the Economic and
Innovation Opportunities of Spectrum
Through Incentive Auctions
Federal Communications
Commission.
ACTION: Final action.
amozie on DSK3GDR082PROD with RULES
AGENCY:
SUMMARY: In this document, the
Commission directs the Media Bureau
to engage a contractor to assist in the
reimbursement process and
administration of the Reimbursement
Fund for LPTV, TV translator, and FM
stations, and also directs the Bureau to
make determinations regarding eligible
costs and the reimbursement process,
such as calculating the amount of
allocations to eligible entities and
seeking comment on a revised Catalog of
Eligible Expenses. The Commission also
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16:25 Aug 24, 2018
Jkt 244001
determines that the Media Bureau will
announce, pursuant to the requirements
in the Reimbursement Expansion Act,
when the reimbursement program for all
entities eligible for reimbursement
pursuant to the Spectrum Act and the
Reimbursement Expansion Act will end.
Finally, the Commission interprets the
Reimbursement Expansion Act as
providing at least $50 million for use by
the Commission to fund its efforts to
educate consumers about the
reorganization of broadcast television
spectrum under the United States Code.
DATES: This action is effective August
27, 2018.
FOR FURTHER INFORMATION CONTACT:
Maria Mullarkey, Maria.Mullarkey@
fcc.gov, of the Media Bureau, Policy
Division, (202) 418–2120. For additional
information concerning the Paperwork
Reduction Act information collection
requirements contained in this
document, contact Cathy Williams at
(202) 418–2918 or send an email to
PRA@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Order,
FCC 18–113, adopted on August 2,
2018, and released on August 3, 2018.
The full text of this document is
available electronically via the FCC’s
Electronic Document Management
System (EDOCS) website at https://
fjallfoss.fcc.gov/edocs_public/ or via the
FCC’s Electronic Comment Filing
System (ECFS) website at https://
fjallfoss.fcc.gov/ecfs2/. Documents will
be available electronically in ASCII,
Microsoft Word, and/or Adobe Acrobat.
This document is also available for
public inspection and copying during
regular business hours in the FCC
Reference Information Center, Federal
Communications Commission, 445 12th
Street SW, CY–A257, Washington, DC
20554. Alternative formats are available
for people with disabilities (Braille,
large print, electronic files, audio
format), by sending an email to fcc504@
fcc.gov or calling the Commission’s
Consumer and Governmental Affairs
Bureau at (202) 418–0530 (voice), (202)
418–0432 (TTY).
The Order does not contain new or
modified information collection
requirements subject to the Paperwork
Reduction Act of 1995. In addition,
therefore, it does not contain any new
or modified information collection
burdens for small business concerns
with fewer than 25 employees, pursuant
to the Small Business Paperwork Relief
Act of 2002.
I. Order
1. Reimbursement Contractor. Similar
to the approach the Commission took
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with respect to full power, Class A, and
MVPD entities,1 we direct the Media
Bureau to engage a contractor to assist
in the reimbursement process and
administration of the Reimbursement
Fund for LPTV/translator and FM
stations. We direct the Media Bureau to
engage a third-party contractor to assist
in the reimbursement process, which
will be overseen by the Bureau.
2. Reimbursement Process. We direct
the Media Bureau to revise the forms to
be used by eligible LPTV/translator and
FM stations to claim reimbursement
from the Reimbursement Fund and for
any other Reimbursement Fund-related
purposes. We also direct the Media
Bureau to calculate the amount of the
allocations to eligible entities from the
Reimbursement Fund, develop a revised
Catalog of Eligible Expenses, and make
other determinations regarding eligible
costs and the reimbursement process.
Finally, we direct the Media Bureau to
implement the necessary policies and
procedures relating to eligibility
certifications, allocations, draw downs,
payments, obligations, and expenditures
of money from the Reimbursement Fund
in order to protect against waste, fraud,
and abuse and in the event of
bankruptcy. Given the importance of
maintaining the integrity of the Fund,
the Media Bureau will consult with the
Office of General Counsel and the Office
of the Managing Director in acting
pursuant to this direction.
3. Reimbursement Period. The
Reimbursement Expansion Act 2
provides that the Commission must
make all reimbursements using the
additional funds appropriated by the
Reimbursement Expansion Act to the
Reimbursement Fund by July 3, 2023.3
With respect to LPTV/translators and
FM stations, we authorize the Media
Bureau to announce, in one or more
public notices to be issued following the
1 See Expanding the Economic and Innovation
Opportunities of Spectrum Through Incentive
Auctions, Report and Order, 29 FCC Rcd 6567,
6820, paras. 618–19 (2014), 79 FR 48442 (Aug. 15,
2014), (Incentive Auction R&O).
2 See Consolidated Appropriations Act, 2018,
Public Law 115–141, at Division E, Title V, sec. 511,
132 Stat. 348 (2018) (codified at 47 U.S.C. 1452(j)–
(n)).
3 See 47 U.S.C. 1452(j)(3)(B). Section 511(j)(3)(C)
provides that, if all reimbursements pursuant to the
Spectrum Act and the Reimbursement Expansion
Act have been made before July 3, 2023, ‘‘the
Commission shall submit to the Secretary of the
Treasury a certification that all such
reimbursements have been made.’’ Id. sec.
1452(j)(3)(C). In addition, the Reimbursement
Expansion Act provides that reimbursement
payments to LPTV/translator and FM stations may
not be made after April 13, 2020 unless the
Commission ‘‘submits to Congress a certification
that such payments are necessary to reimburse costs
reasonably incurred’’ by such stations. See id. sec.
1452(j)(2)(C)(ii), (iii).
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Agencies
[Federal Register Volume 83, Number 166 (Monday, August 27, 2018)]
[Rules and Regulations]
[Pages 43538-43556]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-18403]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 9 and 721
[EPA-HQ-OPPT-2017-0464; FRL-9982-24]
RIN 2070-AB27
Significant New Use Rules on Certain Chemical Substances
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is promulgating significant new use rules (SNURs) under
the Toxic Substances Control Act (TSCA) for 19 chemical substances
which were the subject of premanufacture notices (PMNs). The chemical
substances are subject to 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 19
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 26, 2018. For purposes of
judicial review, this rule shall be promulgated at 1 p.m. (e.s.t.) on
September 10, 2018.
Written adverse comments on one or more of these SNURs must be
received on or before September 26, 2018 (see Unit VI. of the
SUPPLEMENTARY INFORMATION). If EPA receives written adverse comments on
one or more of these SNURs before September 26, 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-2017-0464, 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 September 26,
2018 are subject to the export notification provisions of TSCA section
12(b) (15 U.S.C. 2611(b)) (see Sec. [emsp14]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
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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 rule 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
September 26, 2018 (see Unit VI. of the SUPPLEMENTARY INFORMATION), the
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 19 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) 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
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future testing. See Unit VIII. for more information.
CFR citation assigned in the regulatory text section of
this rule.
The regulatory text section of these rules specify 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 19 PMN substances that are subject to Orders
under TSCA section 5(e)(1)(A)(ii)(I) where EPA determined that it has
insufficient information to conduct a reasoned evaluation and the
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 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.
[emsp14]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 Number P-15-719
Chemical name: Benzene, 1,4-bis(alkyl)-, homopolymer (generic).
CAS number: Not available.
Effective date of TSCA section 5(e) Order: July 24, 2017.
Basis for TSCA section 5(e) Order: The PMN states that the generic
(non-confidential) use of the substance will be as a flame retardant
synergist and radical source. Based on test data and analog data EPA
estimates that the PMN substances will persist in the environment for
more than two months and estimates a bioaccumulation factor of greater
than or equal to 1,000. Because the PMN substance is expected to be
persistent and bioaccumulative, EPA is unable to assess the potential
risks to sediment dwelling organisms. The Order was issued under TSCA
sections 5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I), as well as
5(a)(3)(B)(i) and 5(e)(1)(A)(i) based on findings that the substance
may present an unreasonable risk of injury to health and the
environment, and that the information available to the Agency is
insufficient to permit a reasoned evaluation of the environmental
effects of the PMN substance. To protect against potential risks, the
Order requires:
1. Submit to EPA certain toxicity testing prior to exceeding the
confidential production volume limits specified in the Order;
2. Label containers of the substance and provide Safety Data Sheets
(SDS) or Material Safety Data Sheets (MSDS) and worker training in
accordance with the provisions of the Hazard Communication Program
section;
3. Not use the substance other than for the confidential uses
allowed in the Order;
4. Dispose of the substance only by incineration or landfill; and
5. Comply with the release to water provisions.
The SNUR designates as a ``significant new use'' the absence of
these protective measures.
Potentially useful information: EPA has determined that certain
information about the environmental fate, bioaccumulation, and
environmental 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
aquatic toxicity, bioaccumulation and environmental fate testing.
CFR citation: 40 CFR 721.11097.
PMN Number P-16-99
Chemical name: Polyethylene glycol polymer with aliphatic
polycarbodiimide Bis(alkoxysilylpropyl) amine blocked (generic).
CAS number: Not available.
Effective date of TSCA section 5(e) Order: June 30, 2017.
Basis for TSCA section 5(e) Order: The PMN states that the generic
(non-confidential) use of the substance will be as an additive for
industrial coatings. EPA identified concerns for irritation to all
issues and lung toxicity based on SAR analysis of test data on
analogous alkoxysilanes and concerns for acute toxicity, neurotoxicity
(especially to the eye), and liver, kidney, and cardiac toxicity based
on the release of methanol. The Order was issued under TSCA sections
5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I), based on a finding that the
substance may present an unreasonable risk of injury to health and the
environment. To protect against potential risks, the Order requires:
1. Submission to EPA of certain toxicity testing prior to exceeding
the confidential aggregate production volume limit 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 National Institute for Occupational Safety and Health
(NIOSH)-certified respirator with an Applied Protection Factor (APF) of
at least 10 (where there is a potential for inhalation exposure) or
compliance with a New Chemicals Exposure Limit (NCEL) of 0.9 milligrams
per cubic meter as an 8-hour time-weighted average to prevent
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. Establishment and use of a hazard communication program,
including precautionary statements on each label and in the SDS.
5. Not use the substance other than for the use allowed in the
Order in commercial use (as that term is defined in 40 CFR 721.3) but
without any use in
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a consumer setting (as that term is defined in 40 CFR 721.3);
6. Not exceed the confidential annual production volume limit in
the Order; and
7. No manufacture of the substance where there is more than 0.2%
residual isocyanate.
The SNUR designates 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. The submitter
has agreed not to exceed the confidential production limit without
performing specific pulmonary and internal organ toxicity testing.
CFR citation: 40 CFR 721.11098.
PMN Number P-16-221
Chemical name: Fluorinated organopolysilazane (generic).
CAS number: Not available.
Effective date of TSCA section 5(e) Order: June 20, 2017.
Basis for TSCA section 5(e) Order: The PMN states that the
substance will be used as a coating agent for optical lenses. EPA
identified human health and environmental concerns because the
potential degradation products of the PMN substance may be persistent,
bioaccumulative, and toxic (PBT) chemicals. EPA estimates that the PMN
substance degradation products will persist in the environment for more
than two months and estimates a bioaccumulation factor of greater than
or equal to 1,000. EPA also identified concerns for liver toxicity,
blood toxicity, male reproductive toxicity, and toxicity to aquatic
organisms, terrestrial mammals and birds based on data for the PMN
substance degradation product. The Order was issued under TSCA sections
5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I), based on a finding that the
substance may present an unreasonable risk of injury to health and the
environment. To protect against potential risks, the Order requires:
1. Submission to EPA of certain toxicity testing before exceeding a
total production volume of 204 kilograms, as specified in the Order;
2. Use of personal protective equipment to prevent dermal exposure
(where there is a potential for dermal exposures);
3. No use of the substance other than allowed by the Order which is
the confidential coating system described in the PMN;
4. Manufacture not to exceed an annual manufacture volume of 100
kilograms;
5. Refrain from domestic manufacture in the United States (i.e.,
import only); and
6. No release of the PMN substance to surface waters.
The SNUR designates 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. The submitter
has agreed not to exceed the production limit in the Order without
performing specific internal organ toxicity testing on the degradation
product of the PMN substance. In addition, EPA has determined that the
results of specific organ toxicity on degradations products 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, use, 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 721.11099.
PMN Number P-16-359
Chemical name: Carbopolycycle-bis(diazonium), dihalo-, chloride
(1:2), reaction products with metal hydroxide, 4-
[(dioxoalkyl)amino]substituted benzene, 2-
[(dioxoalkyl)amino]substituted benzene, 5-[(dioxoalkyl)amino]-2-
hydroxy-substituted benzene and oxo-n-phenylalkanamide (generic).
CAS number: Not available.
Effective date of TSCA section 5(e) Order: June 20, 2017.
Basis for TSCA section 5(e) Order: The PMN states that the generic
(non-confidential) use of the substance will be as a pigment additive
for industrial coatings. EPA identified concerns for oncogenicity and
mutagenicity for the PMN substance degradation product. The Order was
issued under TSCA sections 5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I),
based on a finding that the substance may present an unreasonable risk
of injury to health and the environment. To protect against potential
risks, the Order requires:
1. Submission to EPA of certain toxicity testing before exceeding
the confidential production volume limit specified in the Order;
2. Use of personal protective equipment to prevent dermal exposure
(where there is a potential for inhalation exposures);
3. Establishment and use of a hazard communication program,
including precautionary statements on each label and in SDS;
4. No processing or use of the substance at temperatures greater
than 200 degrees Celsius; and
5. No domestic manufacture of the substance.
The SNUR designates as a ``significant new use'' the absence of
these protective measures.
Potentially useful information: EPA has determined that certain
information about the fate and biodegradability 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 exceed the production limit in the
Order without performing specific biodegradability and photolysis
tests.
CFR citation: 40 CFR 721.11100.
PMN Number P-16-363
Chemical name: Blocked polyester polyurethane, neutralized
(generic).
CAS number: Not available.
Effective date of TSCA section 5(e) Order: June 20, 2017.
Basis for TSCA section 5(e) Order: The PMN states that the generic
(non-confidential) use of the substance will be an open non-dispersive
use. EPA identified concerns for irritation, sensitization, and lung
toxicity based on analogy to diisocyanates and cationic binding to lung
tissue. The Order was issued under TSCA sections 5(a)(3)(B)(ii)(I) and
5(e)(1)(A)(ii)(I), based on a finding that the substance may present an
unreasonable risk of injury to human health. To protect against
potential risks, the Order requires:
1. Use personal protective equipment to prevent dermal exposure
(where there is a potential for dermal exposures);
2. Establishment and use of a hazard communication program,
including
[[Page 43542]]
precautionary statements on each label and in the SDS;
3. Manufacture (including import) the substance with a residual of
free isocyanate monomers no greater than 0.1% by weight;
4. Refraining from manufacture, processing, or use activities if it
results in inhalation exposure to vapor, dust, mist or aerosols;
5. Refraining from manufacture, processing, or use for consumer use
or in commercial use (as that term is defined in 40 CFR 721.3) where
there is use in a consumer setting (as that term is defined in 40 CFR
721.3); and
6. Manufacture, process, or use the substance only in an aqueous
formulation.
The SNUR designates 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, use, 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 721.11101.
PMN Number P-16-370
Chemical name: Methoxy-terminated polysiloxane (generic).
CAS number: Not available.
Effective date of TSCA section 5(e) Order: July 18, 2017.
Basis for TSCA section 5(e) Order: The PMN states that the generic
(non-confidential) use of the substance will be as a crosslinker for
adhesives and coatings. EPA identified concerns for irritation to the
skin, eyes, lung, and mucous membranes and other lung effects on
analogy to alkoxysilanes. The Order was issued under TSCA sections
5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I), based on a finding that the
substance may present an unreasonable risk of injury to human health.
To protect against potential risks, the Order requires:
1. Submission to EPA of certain toxicity testing before exceeding
the confidential production volume limit specified in the Order;
2. Use of personal protective equipment to prevent dermal exposure
(where there is a potential for dermal exposures);
3. Establishment and use of a hazard communication program,
including precautionary statements on each label and in the SDS;
4. Use of a NIOSH-certified respirator with an APF of at least 10
(where there is a potential for inhalation exposures) or compliance
with a NCEL of 8.4 milligrams per cubic meter as an 8-hour time-
weighted average to prevent 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.)
5. Refraining from modifying the manufacture, processing, or use
activities if it results in inhalation exposure to vapor, dust, mist or
aerosols; and
6. Refraining from manufacture, processing, or use for consumer use
or in commercial use (as that term is defined in 40 CFR 721.3) where
there is use in a consumer setting (as that term is defined in 40 CFR
721.3).
The SNUR designates 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. The submitter
has agreed not to exceed the production limit in the Order without
performing specific pulmonary toxicity testing.
CFR citation: 40 CFR 721.11103.
PMN Number P-16-376
Chemical name: Hydroxystyrene resin (generic).
CAS number: Not available.
Effective date of TSCA section 5(e) Order: June 16, 2017.
Basis for TSCA section 5(e) Order: The PMN states that the generic
(non-confidential) use of the substance will be for photolithography.
EPA identified potential health and environmental toxicity if the PMN
substance is manufactured at a lower molecular weight. The Order was
issued under TSCA sections 5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I),
based on a finding that the substance may present an unreasonable risk
of injury to health and the environment. To protect against potential
risks, the Order requires manufacture of the substance at an average
molecular weight greater than 2906 daltons and with 0.5 percent low
weight molecular species less than 500 daltons and 1.0 percent low
weight molecular species less than 1,000 daltons.
The SNUR designates as a ``significant new use'' the absence of
this protective measure.
Potentially useful information: EPA has determined that certain
information about the physical-chemical properties and 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. EPA has determined that the
results of physical-chemical property tests, internal organ effects
testing, and aquatic toxicity tests may be potentially useful in
characterizing the health and environmental effects of the PMN
substance. Although the Order does not require this testing, the
Order's restrictions on manufacture, processing, distribution in
commerce, use, 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 721.11104.
PMN Number P-16-487
Chemical name: Benzenesulfonic acid 1,2-diazenediylbis[6-ethenyl]-
3-sulfophenyl diazenyl-2-sulfophenyl ethenyl salt (generic).
CAS number: Not available.
Effective date of TSCA section 5(e) Order: June 27, 2017.
Basis for TSCA section 5(e) Order: The PMN states that the
substance will be used as a yellow dye for paper. EPA identified
concerns for developmental, reproductive, liver, kidney, and blood
toxicity based for the azo reduction products of the substance based on
analogue data. Based on SAR analysis for acid dyes, EPA predicts
toxicity to aquatic organisms may occur at concentrations that exceed
55 parts per billion (ppb) in surface waters. The
[[Page 43543]]
Order was issued under TSCA sections 5(a)(3)(B)(ii)(I) and
5(e)(1)(A)(ii)(I), as well as 5(a)(3)(B)(ii)(II) and
5(e)(1)(A)(ii)(II), based on a finding that the substance may present
an unreasonable risk of injury to health and the environment and that
the substance is or will be produced in substantial quantities and
there is or may be significant (substantial) human exposure to the
substance. To protect against potential risks, the Order requires:
1. Submission to EPA of certain toxicity testing before exceeding
the confidential production volume limits specified in the Order;
2. Use of personal protective equipment to prevent dermal exposure
(where there is a potential for dermal exposures);
3. Establishment and use of a hazard communication program,
including precautionary statements on each label and in the SDS;
4. No manufacture of the substance in the United States (i.e.
import only);
5. Import the substance only as a solution;
6. No use of the substance other than for the confidential uses
allowed in the Order; and
7. Not release the substance in surface waters resulting in
concentrations that exceed 55 ppb.
The SNUR designates 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 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 exceed the production limit
in the Order without performing specific photolysis, internal organ
effects, reproductive/developmental toxicity, and aquatic toxicity
tests.
CFR citation: 40 CFR 721.11105.
PMN Number P-16-533
Chemical name: Ethanaminium, alkyl-, salt with triazole (generic).
CAS number: Not available.
Effective date of TSCA section 5(e) Order: July 24, 2017.
Basis for TSCA section 5(e) Order: The PMN states that the generic
(non-confidential) use of the substance will be as a cleaning agent for
electronics manufacture. EPA identified concerns for neurotoxicity,
developmental and reproductive toxicity, irritation, corrosion,
sensitization, and carcinogenicity based on analogy to benzotriazole
and quaternary amines. Based on SAR analysis of test data on analogous
benzotriazoles, EPA predicts toxicity to aquatic organisms may occur at
concentrations that exceed 570 ppb in surface waters. The Order was
issued under TSCA sections 5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I),
based on a finding that the substance may present an unreasonable risk
of injury to health and the environment. To protect against potential
risks, the Order requires:
1. Submission to EPA of certain toxicity testing before exceeding
the confidential production volume limits specified in the Order;
2. Use of personal protective equipment to prevent dermal exposure
(where there is a potential for dermal exposure);
3. Establishment and use of a hazard communication program,
including precautionary statements on each label and in the SDS;
4. Refrain from manufacture, process or use activities that result
in inhalation exposure to vapor, dust, mist or aerosols;
5. No use other than confidential use allowed by the Order; and
6. No release of the substance to surface waters.
The SNUR designates 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 exceed the production limit in the
Order without performing specific internal organ effects testing of the
PMN substance. In addition, EPA has determined that the results of
acute and chronic aquatic toxicity testing may be potentially useful in
characterizing the environmental effects of the PMN substance. Although
the Order does not require this additional testing, the Order's
restrictions on manufacture, processing, distribution in commerce, use,
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 721.11105.
PMN Number P-16-595
Chemical name: Substituted-(hydroxyalkyl)-alkyl-alkanoic acid,
hydroxy-(substitutedalkyl)-alkyl-, polymer with alpha-hydro-omega-
hydroxypoly[oxy (alkylethanediyl)] and isocyanato-(isocyanatoalkyl)-
multialkylcycloalkane, salt, alkanol-blocked, compds. (generic).
CAS number: Not available.
Effective date of TSCA section 5(e) Order: June 27, 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. EPA
identified concerns for irritation to skin, eyes, and lung, kidney and
developmental effects based on functional groups present as part of the
PMN structure. Based on SAR analysis of test data on analogous
polyanionic polymers, EPA identified potential environmental toxicity
if the substance is produced with a different average molecular weight
or proportion of repeating units. The Order was issued under TSCA
sections 5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I), based on a finding
that the substance may present an unreasonable risk of injury to health
and the environment. To protect against potential risks, the Order
requires:
1. No manufacture of the substance in the United States (i.e.
import only);
2. Import of the substance under the confidential conditions
required by the Order;
3. No use of the substance other than as the confidential use
allowed described in the Order; and
4. No release of the substance to surface waters.
The SNUR designates 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 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. EPA has determined that the
results of physical-chemical property measurements, acute toxicity
tests, and acute and chronic aquatic toxicity tests may be potentially
useful in characterizing the health and environmental effects of the
PMN substance. Although the Order does not require this additional
testing, the Order's restrictions on manufacture, processing,
distribution in commerce, use, and disposal will remain in effect
[[Page 43544]]
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 721.11106.
PMN Number P-17-170
Chemical name: Alkanediol, 2,2-bis (substituted alkyl)- polymer
with substituted alkane, heteromonocycles, alkenoate (generic).
CAS number: Not available.
Effective date of TSCA section 5(e) Order: July 12, 2017.
Basis for TSCA section 5(e) Order: The PMN states that the
substance will be used as an ultraviolet curable coating resin for
three-dimensional printing applications. EPA identified concerns for
oncogenicity, developmental toxicity, liver and kidney effects,
sensitization, and irritation based on analogy to acrylates. EPA also
identified additional human health concerns and environmental toxicity
concerns if the polymer is made differently than described in the PMN.
The Order was issued under TSCA sections 5(a)(3)(B)(ii)(I) and
5(e)(1)(A)(ii)(I), based on a finding that the substance may present an
unreasonable risk of injury to health and the environment. To protect
against potential risks, the Order requires:
1. Submission to EPA of certain toxicity testing before exceeding
the aggregate production volume limit of 105,000 kilograms specified in
the Order;
2. Use of personal protective equipment to prevent dermal exposure
including gloves (where there is a potential for dermal exposures);
3. Establishment and use of a hazard communication program,
including precautionary statements on each label and in the SDS;
4. Refrain from manufacture, process or use activities that result
in inhalation exposure to vapor, dust, mist or aerosols;
5. No use other than as an ultraviolet curable coating resin for
three-dimensional printing applications;
6. Manufacture of the substance with no greater than 0.1% residual
isocyanate; and
7. Manufacture of the substance with an average molecular weight
greater than 1,000 daltons.
The SNUR designates 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 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
exceed the production limit in the Order without performing specific
mutagenicity and sensitization testing of the PMN substance. In
addition, EPA has determined that the results of physical-chemical
property measurements, internal organ toxicity tests, and acute and
chronic aquatic toxicity tests may be potentially useful in
characterizing the environmental effects of the PMN substance. Although
the Order does not require this additional testing, the Order's
restrictions on manufacture, processing, distribution in commerce, use,
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 721.11107.
PMN Number P-17-172
Chemical name: Sulfurized alkylphenol, calcium salts (generic).
CAS number: Not available.
Effective date of TSCA section 5(e) Order: June 19, 2017.
Basis for TSCA section 5(e) Order: The PMN states that the generic
(non-confidential) use of the substance will be as a lubricating oil
additive. EPA identified concerns for lung toxicity based on submitted
test data and data for analogous chemicals. The Order was issued under
TSCA sections 5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I), as well as
5(a)(3)(B)(ii)(II) and 5(e)(1)(A)(ii)(II), based on a finding that the
substance may present an unreasonable risk of injury to human health
and the environment, and the substance is or will be produced in
substantial quantities and there is or may be significant (substantial)
human exposure to the substance. To protect against potential risks,
the Order requires:
1. Refrain from manufacture, process or use activities that result
in inhalation exposure to vapor, dust, mist or aerosols; and
2. No use other than the confidential use allowed by the Order;
The SNUR designates 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 pulmonary effects testing 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, use, 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 721.11108.
PMN Number P-17-177
Chemical name: Monoheteropentacycloalkane-4-carboxylic acid,
substituted cyclo-alkyl ester (generic).
CAS number: Not available.
Effective date of TSCA section 5(e) Order: July 28, 2017.
Basis for TSCA section 5(e) Order: The PMN states that the generic
(non-confidential) use of the substance will be for microlithography
for electronic device manufacturing. EPA identified human health and
environmental concerns because the substance may be persistent,
bioaccumulative, and toxic (PBT) chemicals. EPA estimates that the
substance will persist in the environment for more than two months and
estimates a bioaccumulation factor of greater than or equal to 1,000.
EPA identified concerns for oncogenicity, developmental toxicity, liver
and kidney effects, sensitization, and irritation based on data for
analogous chemicals. Based on SAR estimates for esters and other
analogous chemicals. EPA predicts toxicity to aquatic organisms may
occur at concentrations that exceed 2 ppb in surface waters. The Order
was issued under TSCA sections 5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I),
based on a finding that the substance may present an unreasonable risk
of injury to health and the environment. To protect against potential
risks, the Order requires:
1. Use of personal protective equipment to prevent dermal exposure
(where there is a potential for dermal exposures);
2. Establishment and use of a hazard communication program,
including precautionary statements on each label and in the SDS;
[[Page 43545]]
3. No manufacture of the substance in the United States (i.e.
import only);
4. No use other than the confidential use allowed by the Order;
5. No exceedance of the confidential annual production volume limit
in the Order; and
6. No release of the substance to surface waters.
The SNUR designates 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 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. EPA has determined that the results of acute toxicity,
mutagenicity, sensitization, internal organ toxicity, reproductive/
developmental toxicity, biodegradation, bioconcentration, and acute and
chronic aquatic toxicity testing may be potentially useful in
characterizing the health and environmental effects of the PMN
substance. Although the Order does not require this additional testing,
the Order's restrictions on manufacture, processing, distribution in
commerce, use, 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 721.11109.
PMN Number P-17-179
Chemical name: Modified carboxypolyamine salt (generic).
CAS number: Not available.
Effective date of TSCA section 5(e) Order: July 31, 2017.
Basis for TSCA section 5(e) Order: The PMN states that the
substance will be used as a dispersive additive for pigments in
industrial paints and coatings. EPA identified concerns for skin
irritation and lung toxicity based on cationic binding properties. The
Order was issued under TSCA sections 5(a)(3)(B)(ii)(I) and
5(e)(1)(A)(ii)(I), based on a finding that the substance may present an
unreasonable risk of injury to health and the environment. To protect
against potential risks, the Order requires:
1. Submission to EPA of certain toxicity testing before excceding
the confidential production volume limit specified in the Order;
2. Use of personal protective equipment to prevent dermal exposure
(where there is a potential for dermal exposures);
3. Establishment and use of a hazard communication program,
including precautionary statements on each label and in the SDS;
4. Refrain from manufacture, process or use activities that result
in inhalation exposure to vapor, dust, mist or aerosols;
5. No use other than a dispersive additive for pigments in
industrial paints and coatings;
6. No processing or use of the substance in a paint or coating
formulation greater than 1% by weight or volume; and
7. No manufacture of the substance in the United States (i.e.
import only).
The SNUR designates 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. The submitter
has agreed not to exceed the production limit in the Order without
performing specific pulmonary effects testing of the PMN substance.
CFR citation: 40 CFR 721.11110.
PMN Number P-17-222
Chemical name: 1, 3,5-Triazine-2,4-diamine, 6-phenyl-, reaction
products with polyalkylene glycol mono- alkyl ether and 2,4-toluene
diisocyanate (generic).
CAS number: Not available.
Effective date of TSCA section 5(e) Order: July 28, 2017.
Basis for TSCA section 5(e) Order: The PMN states that the generic
(non-confidential) use of the substance will be as an additive open
non-dispersive use. EPA identified concerns for dermal sensitization,
respiratory sensitization, lung effects, neurotoxicity, and
developmental toxicity based on the potential for residual
diisocyanates. The Order was issued under TSCA sections
5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I), based on a finding that the
substance may present an unreasonable risk of injury to health and the
environment. To protect against potential risks, the Order requires:
1. Refrain from manufacture, process or use activities that result
in inhalation exposure to vapor, dust, mist or aerosols;
2. Not sell the substance for ``consumer use'' or for ``commercial
uses'' (as the term is defined at 40 CFR 721.3) when the ``saleable
goods or service'' could introduce the material into a ``consumer''
setting (as that term is defined in 40 CFR 721.3);
3. Use the substance only in a formulation for the use allowed in
the Order with isocyanate residuals not greater than 0.1 percent by
weight or volume; and
4. Import the substance where there is no more than 0.15% residual
toluene isocyanate.
The SNUR designates 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 a sensitization test and pulmonary
effects test 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, use, 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 721.11111.
PMN Number P-17-231
Chemical name: Fatty acids, polymers with benzoic acid,
cyclohexanedicarboxylic acid anhydride, aliphatic diisocyanate, alkyl
diol, alkyl triol, pentaerythritol, phthalic anhydride, polyalkylene
glycol amine, and aromatic dicarboxylate sulfonic acid sodium salt
(generic).
CAS number: Not available.
Effective date of TSCA section 5(e) Order: July 20, 2017.
Basis for TSCA section 5(e) Order: The PMN states that the generic
(non-confidential) use of the substance will be as a paint, stain, or
primer coating. EPA identified concerns for dermal sensitization,
respiratory sensitization, lung effects, neurotoxicity, and
developmental toxicity based on the potential for residual
diisocyanates. The Order was issued under TSCA sections
[[Page 43546]]
5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I), based on a finding that the
substance may present an unreasonable risk of injury to health and the
environment.
To protect against potential risks, the Order requires:
1. Manufacture of the substance where there is no more than 0.1%
residual isocyanate.
The SNUR designates 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 a sensitization test and a pulmonary
effects test 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, use, 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 721.11112.
PMN Numbers P-17-247 and P-17-248
Chemical names: Branched alkyl (C=17) carboxylic acid (generic) (P-
17-247) and branched alkyl (C=18) alcohol (generic) (P-17-248).
CAS numbers: Not available.
Effective date of TSCA section 5(e) Order: June 29, 2017.
Basis for TSCA section 5(e) Order: The PMNs state that the generic
(non-confidential) use of the substances will be as chemical raw
materials. EPA identified human health and environmental concerns
because the substances may be persistent, bioaccumulative, and toxic
(PBT) chemicals. EPA estimates that the substances will persist in the
environment for more than two months and estimates a bioaccumulation
factor of greater than or equal to 1,000. Based on analogue data EPA
identified concerns for developmental toxicity, liver, kidney, and
thyroid effects, dermal sensitization, and irritation. Based on SAR
estimates for neutral organic chemicals, EPA predicts toxicity to
aquatic organisms may occur at concentrations that exceed 1 ppb in
surface waters. The Order was issued under TSCA sections
5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I), based on a finding that the
substances may present an unreasonable risk of injury to health and the
environment. To protect against potential risks, the Order requires:
1. Submission to EPA of certain toxicity testing before exceeding
the confidential production volume limit specified in the Order;
2. Use of personal protective equipment to prevent dermal exposure
(where there is a potential for dermal exposures);
3. Establishment and use of a hazard communication program,
including precautionary statements on each label and in the SDS;
4. Refrain from manufacture, process or use activities that result
in inhalation exposure to vapor, dust, mist or aerosols;
5. No use other than as a chemical intermediate;
6. No manufacture of the substances in the United States (i.e.
import only); and
7. No release of the substances to surface waters.
The SNUR designates as a ``significant new use'' the absence of
these protective measures.
Potentially useful information: EPA has determined that certain
information about the bioaccumulation and 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 exceed the
production limit in the Order without performing specific
sensitization, internal organ effect, and reproductive/developmental
testing of the PMN substances. In addition, EPA has determined that the
results of acute aquatic toxicity and bioaccumulation testing may be
potentially useful in characterizing the environmental and 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, use, 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 721.11113 P-17-247 and 40 CFR 721.11114 P-17-
248.
PMN Number P-17-260
Chemical name: Alkoxy silane modified butadiene styrene copolymer
(generic).
CAS number: Not available.
Effective date of TSCA section 5(e) Order: July 10, 2017.
Basis for TSCA section 5(e) Order: The PMN states that the generic
(non-confidential) use of the substance will be as a resin modifier.
EPA identified concerns for lung effects based on test data for the
substance and data for analogous alkoxysilane non-ionic polymers. The
Order was issued under TSCA sections 5(a)(3)(B)(ii)(I) and
5(e)(1)(A)(ii)(I), based on a finding that the substance may present an
unreasonable risk of injury to human health. To protect against
potential risks, the Order requires:
1. Refrain from manufacture, process or use activities that result
in inhalation exposure to vapor, dust, mist or aerosols; and
2. No use other than the confidential use allowed by the Order;
The SNUR designates 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 pulmonary effects test 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, use, 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 721.11115.
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 19 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
[[Page 43547]]
substances. The basis for such findings is outlined in Unit IV. Based
on these findings, TSCA section 5(e) 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).
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 26, 2018 without further notice, unless
EPA receives written adverse comments before September 26, 2018.
If EPA receives written adverse comments on one or more of these
SNURs before September 26, 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) Orders have been issued
for all of the chemical substances, and the PMN submitters are
prohibited by the TSCA section 5(e) Orders from undertaking activities
which will be designated as significant new uses. The identities of the
19 chemical substances subject to these rules have been claimed as
confidential and EPA has received no 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 27, 2018 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) Orders for the chemical
substances regulated under this rule, EPA has established production
volume limits in
[[Page 43548]]
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 potential risks posed by
these chemical substances. Under recent TSCA section 5(e) Orders, each
PMN submitter is required to submit each study at least 14 weeks
(earlier TSCA section 5(e) 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)
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 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-2017-0464.
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) 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
[[Page 43549]]
already been approved by OMB pursuant to PRA under OMB control number
2070-0012 (EPA ICR No. 574). This action does not impose any burden
requiring additional OMB approval. If an entity were to submit a SNUN
to the Agency, the annual burden is estimated to average between 30 and
170 hours per response. This burden estimate includes the time needed
to review instructions, search existing data sources, gather and
maintain the data needed, and complete, review, and submit the required
SNUN.
Send any comments about the accuracy of the burden estimate, and
any suggested methods for minimizing respondent burden, including
through the use of automated collection techniques, to the Director,
Collection Strategies Division, Office of Environmental Information
(2822T), Environmental Protection Agency, 1200 Pennsylvania Ave. NW,
Washington, DC 20460-0001. Please remember to include the OMB control
number in any correspondence, but do not submit any completed forms to
this address.
C. Regulatory Flexibility Act (RFA)
On February 18, 2012, EPA certified pursuant to RFA section 605(b)
(5 U.S.C. 601 et seq.), that promulgation of a SNUR does not have a
significant economic impact on a substantial number of small entities
where the following are true:
1. A significant number of SNUNs would not be submitted by small
entities in response to the SNUR.
2. The SNUR submitted by any small entity would not cost
significantly more than $8,300.
A copy of that certification is available in the docket for this
action.
This action is within the scope of the February 18, 2012
certification. Based on the Economic Analysis discussed in Unit XI. and
EPA's experience promulgating SNURs (discussed in the certification),
EPA believes that the following are true:
A significant number of SNUNs would not be submitted by
small entities in response to the SNUR.
Submission of the SNUN would not cost any small entity
significantly more than $8,300.
Therefore, the promulgation of the SNUR would not have a
significant economic impact on a substantial number of small entities.
D. Unfunded Mandates Reform Act (UMRA)
Based on EPA's experience with proposing and finalizing SNURs,
State, local, and Tribal governments have not been impacted by these
rulemakings, and EPA does not have any reasons to believe that any
State, local, or Tribal government will be impacted by this action. As
such, EPA has determined that this action does not impose any
enforceable duty, contain any unfunded mandate, or otherwise have any
effect on small governments subject to the requirements of UMRA
sections 202, 203, 204, or 205 (2 U.S.C. 1501 et seq.).
E. Executive Order 13132
This action will not have a substantial direct effect on States, on
the relationship between the national government and the States, or on
the distribution of power and responsibilities among the various levels
of government, as specified in Executive Order 13132, entitled
``Federalism'' (64 FR 43255, August 10, 1999).
F. Executive Order 13175
This action does not have Tribal implications because it is not
expected to have substantial direct effects on Indian Tribes. This
action does not significantly nor uniquely affect the communities of
Indian Tribal governments, nor does it involve or impose any
requirements that affect Indian Tribes. Accordingly, the requirements
of Executive Order 13175, entitled ``Consultation and Coordination with
Indian Tribal Governments'' (65 FR 67249, November 9, 2000), do not
apply to this action.
G. Executive Order 13045
This action is not subject to Executive Order 13045, entitled
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), because this is not an
economically significant regulatory action as defined by Executive
Order 12866, and this action does not address environmental health or
safety risks disproportionately affecting children.
H. Executive Order 13211
This action is not subject to Executive Order 13211, entitled
``Actions Concerning Regulations That 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: August 17, 2018.
Jeffery T. Morris,
Director, Chemical Control Division, Office of Pollution Prevention and
Toxics.
Therefore, 40 CFR parts 9 and 721 are amended as follows:
PART 9--[AMENDED]
0
1. The authority citation for part 9 continues to read as follows:
Authority: 7 U.S.C. 135 et seq., 136-136y; 15 U.S.C. 2001,
2003, 2005, 2006, 2601-2671; 21 U.S.C. 331j, 346a, 348; 31 U.S.C.
9701; 33 U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318, 1321, 1326,
1330, 1342, 1344, 1345(d) and (e), 1361; E.O. 11735, 38 FR 21243, 3
CFR, 1971-1975 Comp. p. 973; 42 U.S.C. 241, 242b, 243, 246, 300f,
300g, 300g-1, 300g-2, 300g-3, 300g-4, 300g-5, 300g-6, 300j-1, 300j-
2, 300j-3, 300j-4, 300j-9, 1857 et seq., 6901-6992k, 7401-7671q,
7542, 9601-9657, 11023, 11048.
0
2. In Sec. [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:
[[Page 43550]]
Sec. [emsp14]9.1 OMB approvals under the Paperwork Reduction Act.
* * * * *
------------------------------------------------------------------------
OMB control
40 CFR citation No.
------------------------------------------------------------------------
* * * * *
------------------------------------------------------------------------
Significant New Uses of Chemical Substances
------------------------------------------------------------------------
* * * * *
721.11097............................................... 2070-0012
721.11098............................................... 2070-0012
721.11099............................................... 2070-0012
721.11100............................................... 2070-0012
721.11101............................................... 2070-0012
721.11102............................................... 2070-0012
721.11103............................................... 2070-0012
721.11104............................................... 2070-0012
721.11105............................................... 2070-0012
721.11106............................................... 2070-0012
721.11107............................................... 2070-0012
721.11108............................................... 2070-0012
721.11109............................................... 2070-0012
721.11110............................................... 2070-0012
721.11111............................................... 2070-0012
721.11112............................................... 2070-0012
721.11113............................................... 2070-0012
721.11114............................................... 2070-0012
721.11115............................................... 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]721.11097 to subpart E to read as follows:
Sec. [emsp14]721.11097 Benzene, 1,4-bis(alkyl)-, homopolymer
(generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically benzene,
1,4-bis(alkyl)-, homopolymer (PMN P-15-719) 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)(concentrations set at 1.0 percent), (f),
(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.
(ii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(k) and (q).
(iii) Disposal. Requirements as specified in Sec. 721.85(a)(1),
(2), (b)(1), (2), (c)(1), and (2).
(iv) Release to water. Requirements as specified in Sec.
721.90(a)(1), (b)(1), and (c)(1).
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph.
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a), (b), (c), and (f) through (k) are applicable to
manufacturers and processors of this substance.
(2) Limitations or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
(3) Determining whether a specific use is subject to this section.
The provisions of Sec. 721.1725(b)(1) apply to paragraph (a)(2)(iii)
of this section.
0
5. Add Sec. [emsp14]721.11098 to subpart E to read as follows:
Sec. [emsp14]721.11098 Polyethylene glycol polymer with aliphatic
polycarbodiimide bis(alkoxysilylpropyl) amine blocked (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
polyethylene glycol polymer with aliphatic polycarbodiimide
bis(alkoxysilylpropyl) amine blocked (PMN P-16-99) 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)(4), when determining which persons
are reasonably likely to be exposed as required for Sec. 721.63(a)(1)
and (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) with an assigned protection
factor (APF) of at least 10), (a)(6)(particulate), (b)(concentrations
set at 1.0 percent) 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 1.0 percent), (f), (g)(1)(ii),
(g)(2)(ii), (iii), (use respiratory protection or maintain workplace
airborne concentrations at or below an 8-hour time-weighted average of
0.9 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 Sec. 721.80(k), (q) and (t). It is a significant new
use to process or use the chemical substance other than for commercial
use but without any use in a consumer setting. It is a significant new
use to manufacture the chemical substance containing greater than 0.2%
residual isocyanate.
(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
6. Add Sec. [emsp14]721.11099 to subpart E to read as follows:
Sec. [emsp14]721.11099 Fluorinated organopolysilazane (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as a
fluorinated organopolysilazane (PMN P-16-221) 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)(3), (a)(4), when determining which persons are
reasonably likely to be exposed as required for Sec. 721.63(a)(1)
engineering
[[Page 43551]]
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),
(a)(6)(v), (vi), (b)(concentrations set at 1.0 percent), and (c).
(ii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(f), (p) (204 kilograms) and (s)(100
kilograms). It is a significant new use to use the substance other than
in confidential coating system allowed in the Order.
(iii) Release to water. Requirements as specified in Sec.
721.90(a)(1), (b)(1), and (c)(1).
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph.
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (e), (i), and (k) are applicable to manufacturers
and processors of this substance.
(2) Limitations or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
(3) Determining whether a specific use is subject to this section.
The provisions of Sec. 721.1725(b)(1) apply to paragraph (a)(2)(iii)
of this section.
0
7. Add Sec. [emsp14]721.11100 to subpart E to read as follows:
Sec. [emsp14]721.11100 Carbopolycycle-bis(diazonium), dihalo-,
chloride (1:2), reaction products with metal hydroxide, 4-
[(dioxoalkyl)amino]substituted benzene, 2-
[(dioxoalkyl)amino]substituted benzene, 5-[(dioxoalkyl)amino]-2-
hydroxy-substituted benzene and oxo-n-phenylalkanamide (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
carbopolycycle-bis(diazonium), dihalo-, chloride (1:2), reaction
products with metal hydroxide, 4-[(dioxoalkyl)amino] substituted
benzene, 2-[(dioxoalkyl)amino]substituted benzene, 5-[(dioxoalkyl)
amino] 2-hydroxy-substituted benzene and oxo-n-phenylalkanamide (PMN P-
16-359) 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)(3), (a)(4), 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)(concentrations set at 0.1 percent) and (c).
(ii) Hazard communication. Requirements as specified in Sec.
721.72(a) through (e)(concentration set 0.1 percent), (f), (g)(1)(iv),
(vii), (g)(2)(i), (ii), (do not process or use at greater than 200
degrees Celsius), 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 (q). It is a significant new use
to process or use the PMN substance at a temperature greater than 200
degrees C.
(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
8. Add Sec. [emsp14]721.11101 to subpart E to read as follows:
Sec. [emsp14]721.11101 Blocked polyester polyurethane, neutralized
(generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as blocked
polyester polyurethane, neutralized (PMN P-16-363) 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), 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)(2)(i), (ii), (iii), (a)(3),
(a)(6)(particulate), (a)(6)(v), (vi) (b)(concentrations set at 0.1
percent) and (c).
(ii) Hazard communication. Requirements as specified in Sec.
721.72 (a) through (e)(concentration set 0.1 percent), (f), (g)(1)(i),
(ii), (g)(2)(i), (ii), (iii), (iv), and (g)(5). Alternative hazard and
warning statements that meet the criteria of the Globally Harmonized
System (GHS) and OSHA Hazard Communication Standard may be used.
(iii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80 It is a significant new use to
manufacture, process, or use the substance with a residual of free
isocyanate monomers greater than 0.1 percent by weight. It is a
significant new use to modify manufacture, process or use activities if
it results in inhalation exposure to vapor, dust, mist or aerosols to
the substance. It is a significant new use to manufacture, process, or
use the substance for consumer use, or for commercial uses when the
saleable goods or service could introduce the substance into a consumer
setting. It is a significant new use to manufacture, process, or use
the substance other than in an aqueous formulation.
(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
9. Add Sec. [emsp14]721.11102 to subpart E to read as follows:
Sec. [emsp14]721.11102 Methoxy-terminated polysiloxane (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
methoxy-terminated polysiloxane (PMN P-16-370) 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
[[Page 43552]]
Sec. 721.63(a)(1), (a)(2)(i), (ii), (iii), (a)(3), (a)(4), when
determining which persons are reasonably likely to be exposed as
required for Sec. 721.63(a)(1) and (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 25), (a)(6)(particulate),
(a)(6)(v), (vi), (b)(concentrations set at 1.0 percent), 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 8.4 milligrams
per cubic meter 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 1.0 percent), (f), (g)(1)(i),
(ii), (g)(2)(i), (ii), (iii), (use respiratory protection or maintain
workplace airborne concentrations at or below an 8-hour time-weighted
average of 8.4 mg/m3), (g)(2)(v), (do not use for spray application),
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). It is a significant new
use to manufacture, process, or use the substance for consumer use, or
for commercial uses when the saleable goods or service could introduce
the substance into a consumer setting.
(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]721.11103 to subpart E to read as follows:
Sec. [emsp14]721.11103 Hydroxystyrene resin (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
hydroxystyrene resin (PMN P-16-376) is subject to reporting under this
section for the significant new uses described in paragraph (a)(2) of
this section.
(2) The significant new uses are:
(i) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80 It is a significant new use to manufacture
the PMN substance with an average molecular weight less than 2906
daltons and to have greater than 0.5 percent low weight molecular
species less than 500 daltons and 1.0 percent low weight molecular
species less than 1000 daltons.
(ii) [Reserved]
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph.
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (i) are applicable to manufacturers and processors
of this substance.
(2) Limitations or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
0
11. Add Sec. [emsp14]721.11104 to subpart E to read as follows:
Sec. [emsp14]721.11104 Benzenesulfonic acid 1,2-diazenediylbis[6-
ethenyl]-3-sulfophenyl diazenyl-2-sulfophenyl ethenyl salt (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
benzenesulfonic acid 1,2-diazenediylbis[6-ethenyl]-3-sulfophenyl
diazenyl-2-sulfophenyl ethenyl salt (PMN P-16-487) 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, (b) (concentration
set 1.0 percent), and (c).
(ii) Hazard communication. Requirements as specified in Sec.
721.72(a) through (e)(concentration set 1.0 percent), (f), (g)(1)(iv),
(vi), (ix), (blood effects), (g)(2)(i), (v), (g)(3)(i), (ii),
(g)(4)(water release restrictions apply), 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). It is a significant new
use to import the substance other than in solution.
(iv) Release to water. Requirements as specified in Sec.
721.90(a)(4), (b)(4), and (c)(4) where N = 55.
(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
12. Add Sec. [emsp14]721.11105 to subpart E to read as follows:
Sec. [emsp14]721.11105 Ethanaminium, alkyl-, salt with triazole
(generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
ethanaminium, alkyl-, salt with triazole (PMN P-16-533) 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), (ii), (iii), (a)(3), when determining which
persons are reasonably likely to be exposed as
[[Page 43553]]
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), (a)(6)(v), (vi), (b)
(concentration set 0.1 percent), and (c).
(ii) Hazard communication. Requirements as specified in Sec.
721.72(a) through (e)(concentration set 0.1 percent), (f), (g)(1)(i),
(iii), (v), (vii), (ix), (g)(2)(i), (ii), (iii), (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(k) and (q). It is a significant new use to
modify the manufacture, process or use activities if it results in
inhalation exposure to vapor, dust, mist or aerosols to the substance.
(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
13. Add Sec. [emsp14]721.11106 to subpart E to read as follows:
Sec. [emsp14]721.11106 Substituted-(hydroxyalkyl)-alkyl-alkanoic
acid, hydroxy-(substitutedalkyl)-alkyl-, polymer with alpha-hydro-
omega-hydroxypoly[oxy (alkylethanediyl)] and isocyanato-
(isocyanatoalkyl)-multialkylcycloalkane, salt, alkanol-blocked, compds.
(generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
substituted-(hydroxyalkyl)-alkyl-alkanoic acid, hydroxy-
(substitutedalkyl)-alkyl-, polymer with alpha-hydro-omega-hydroxypoly
[oxy(alkylethanediyl)] and isocyanato-(isocyanatoalkyl)-
multialkylcycloalkane, salt, alkanol-blocked, compds. (PMN P-16-595) 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) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(f) and (k). It is a significant new use to
import the substance other than as required in the Order.
(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)(iii)
of this section.
0
14. Add Sec. [emsp14]721.11107 to subpart E to read as follows:
Sec. [emsp14]721.11107 Alkanediol, 2,2-bis (substituted alkyl)-
polymer with substituted alkane, heteromonocycles, alkenoate (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
alkanediol, 2,2-bis (substituted alkyl)- polymer with substituted
alkane, heteromonocycles, alkenoate (PMN P-17-170) is subject to
reporting under this section for the significant new uses described in
paragraph (a)(2) of this section. The requirements of this section do
not apply to quantities of the PMN substance after they have been
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), (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 0.1 percent), and (c)
(ii) Hazard communication. Requirements as specified in Sec.
721.72(a) through (e)(concentration set 0.1 percent), (f), (g)(1)(i),
(ii), (v), (vii), (ix), (g)(2)(i), (v), (g)(4) 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)(ultraviolet curable coating resin for
three dimensional printing applications) and (p)(105,000 kilograms). It
is a significant new use to modify the manufacture, process or use
activities if it results in inhalation exposure to vapor, dust, mist or
aerosols to the substance. It is a significant new use to manufacture
the chemical substance containing greater than 0.1 percent residual
isocyanate or an average molecular weight below 1,000 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.
(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
15. Add Sec. [emsp14]721.11108 to subpart E to read as follows:
Sec. [emsp14]721.11108 Sulfurized alkylphenol, calcium salts
(generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
sulfurized alkylphenol, calcium salts (PMN P-17-172) 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). It is a significant new use to modify
the manufacture, process or use activities if it results in inhalation
exposure to vapor, dust, mist or aerosols to the substance.
(ii) [Reserved]
(b) Specific requirements. The provisions of subpart A of this part
[[Page 43554]]
apply to this section except as modified by this paragraph.
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a), (b), (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
16. Add Sec. [emsp14]721.11109 to subpart E to read as follows:
Sec. [emsp14]721.11109 Monoheteropentacycloalkane-4-carboxylic acid,
substituted cyclo-alkyl ester (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
monoheteropentacycloalkane-4-carboxylic acid, substituted cyclo-alkyl
ester (PMN P-17-177) 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)(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
0.1 percent), and (c).
(ii) Hazard communication. Requirements as specified in Sec.
721.72(a) through (e)(concentration set 0.1 percent), (f), (g)(1)(i),
(ii), (iv), (vi), (vii), (ix), (skin, eye, and mucous membrane
irritation), (g)(2)(i), (ii), (iii), (v), (g)(3)(i), (ii), (g)(4)(i),
(ii), (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), (k), and (t).
(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
17. Add Sec. [emsp14]721.11110 to subpart E to read as follows:
Sec. [emsp14]721.11110 Modified carboxypolyamine salt (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
modified carboxypolyamine salt (PMN P-17-179) 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), (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,
(a)(6)(particulate), (a)(6)(v), (vi), (b)(concentration set 0.1
percent), and (c).
(ii) Hazard communication. Requirements as specified in Sec.
721.72(a) through (e)(concentration set 0.1 percent), (f), (g)(1)(i),
(ii), (g)(2)(i), (ii), (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), (k)(dispersive additive for pigments
in industrial paints and coatings) and (q). It is a significant new use
to process or use the substance in a paint or coating formulation
greater than 1 percent by weight or volume. It is a significant new use
to process or use the substance resulting in inhalation exposure to a
vapor, dust, mist or aerosol at greater than 1 percent by weight or
volume.
(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
18. Add Sec. [emsp14]721.11111 to subpart E to read as follows:
Sec. [emsp14]721.11111 1,3,5-Triazine-2,4-diamine, 6-phenyl-,
reaction products with polyalkylene glycol mono- alkyl ether and 2,4-
toluene diisocyanate (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as 1,3,5-
triazine-2,4-diamine, 6-phenyl-, reaction products with polyalkylene
glycol mono-alkyl ether and 2,4-toluene diisocyanate (PMN P-17-222) is
subject to reporting under this section for the significant new uses
described in paragraph (a)(2) of this section. The requirements of this
section do not apply to quantities of the PMN substance after they have
been reacted (cured).
(2) The significant new uses are:
(i) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(k)(use of the substance in the formulation
for the use allowed in the Order with isocyanate residuals not greater
than 0.1 percent by weight or volume). It is a significant new use to
process or use the chemical substance other than for commercial use but
without any use in a consumer setting. It is a significant new use to
modify the manufacture, process or use activities if it results in
inhalation exposure to vapor, dust, mist or aerosols to the substance.
It is a significant new use to import the chemical substance containing
greater than 0.15 percent residual isocyanate.
(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), (b), (c), and (i) are applicable to manufacturers and
processors of this substance.
[[Page 43555]]
(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
19. Add Sec. [emsp14]721.11112 to subpart E to read as follows:
Sec. [emsp14]721.11112 Fatty acids, polymers with benzoic acid,
cyclohexanedicarboxylic acid anhydride, aliphatic diisocyanate, alkyl
diol, alkyl triol, pentaerythritol, phthalic anhydride, polyalkylene
glycol amine, and aromatic dicarboxylate sulfonic acid sodium salt
(generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as fatty
acids, polymers with benzoic acid, cyclohexanedicarboxylic acid
anhydride, aliphatic diisocyanate, alkyl diol, alkyl triol,
pentaerythritol, phthalic anhydride, polyalkylene glycol amine, and
aromatic dicarboxylate sulfonic acid sodium salt (PMN P-17-231) 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) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80. It is a significant new use to
manufacture the chemical substance containing greater than 0.1 percent
residual isocyanate.
(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), (b), (c), and (i) are applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
0
20. Add Sec. [emsp14]721.11113 to subpart E to read as follows:
Sec. [emsp14]721.11113 Branched alkyl (C = 17) carboxylic acid
(generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
branched alkyl (C = 17) carboxylic acid (PMN P-17-247) 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), (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 percent), and (c).
(ii) Hazard communication. Requirements as specified in Sec.
721.72(a) through (e)(concentration set 1.0 percent), (f),
(g)(1)(irritation), (sensitization), (g)(1)(iv), (vi), (ix), (g)(2)(i),
(ii), (iii), (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), (g) and (q). It is a significant new
use to modify the manufacture, process or use activities if it results
in inhalation exposure to vapor, dust, mist or aerosols to the
substance.
(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
21. Add Sec. [emsp14]721.11114 to subpart E to read as follows:
Sec. [emsp14]721.11114 Branched alkyl (C = 18) alcohol (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
branched alkyl (C = 18) alcohol (PMN P-17-248) 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), (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 percent), and (c).
(ii) Hazard communication. Requirements as specified in Sec.
721.72(a) through (e)(concentration set 1.0 percent), (f),
(g)(1)(irritation), (sensitization), (g)(1)(iv), (vi), (ix), (g)(2)(i),
(ii),)(iii), (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), (g) and (q). It is a significant new
use to modify the manufacture, process or use activities if it results
in inhalation exposure to vapor, dust, mist or aerosols to the
substance.
(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. [emsp14]721.11115 to subpart E to read as follows:
Sec. [emsp14]721.11115 Alkoxy silane modified butadiene styrene
copolymer (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as alkoxy
silane modified
[[Page 43556]]
butadiene styrene copolymer (PMN P-17-260) 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) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(k). It is a significant new use to modify
the manufacture, process or use activities if it results in inhalation
exposure to vapor, dust, mist or aerosols to the substance.
(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), (b), (c), and (i) are applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
(3) Determining whether a specific use is subject to this section.
The provisions of Sec. 721.1725(b)(1) apply to paragraph (a)(2)(i) of
this section.
[FR Doc. 2018-18403 Filed 8-24-18; 8:45 am]
BILLING CODE 6560-50-P