Significant New Use Rules on Certain Chemical Substances, 57634-57657 [2018-24380]
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Federal Register / Vol. 83, No. 221 / Thursday, November 15, 2018 / Proposed Rules
FOR FURTHER INFORMATION CONTACT:
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 721
[EPA–HQ–OPPT–2018–0650; FRL–9985–22]
RIN 2070–AB27
Significant New Use Rules on Certain
Chemical Substances
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
EPA is proposing significant
new use rules (SNURs) under the Toxic
Substances Control Act (TSCA) for 66
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 would require persons who
intend to manufacture (defined by
statute to include import) or process any
of these 66 chemical substances for an
activity that is proposed as a significant
new use 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: Comments must be received on
or before December 31, 2018.
ADDRESSES: Submit your comments,
identified by docket identification (ID)
number EPA–HQ–OPPT–2018–0650, 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.
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SUMMARY:
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For technical information contact:
Kenneth Moss, Chemical Control
Division (7405M), Office of Pollution
Prevention and Toxics, Environmental
Protection Agency, 1200 Pennsylvania
Ave. NW, Washington, DC 20460–0001;
telephone number: (202) 564–9232;
email address: moss.kenneth@epa.gov.
For general information contact: The
TSCA-Hotline, ABVI-Goodwill, 422
South Clinton Ave., Rochester, NY
14620; telephone number: (202) 554–
1404; email address: TSCA-Hotline@
epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
You may be potentially affected by
this action if you manufacture, process,
or use the chemical substances
contained in this proposed 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 final 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 proposed rule
on or after December 17, 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
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the part or all of the information that
you claim to be CBI. For CBI
information in a disk or CD–ROM that
you mail to EPA, mark the outside of the
disk or CD–ROM as CBI and then
identify electronically within the disk or
CD–ROM the specific information that
is claimed as CBI. In addition to one
complete version of the comment that
includes information claimed as CBI, a
copy of the comment that does not
contain the information claimed as CBI
must be submitted for inclusion in the
public docket. Information so marked
will not be disclosed except in
accordance with procedures set forth in
40 CFR part 2.
2. Tips for preparing your comments.
When preparing and submitting your
comments, see the commenting tips at
https://www.epa.gov/dockets/
comments.html.
II. Background
A. What action is the Agency taking?
EPA is proposing these SNURs under
TSCA section 5(a)(2) for chemical
substances that were the subject of
PMNs. These proposed SNURs would
require persons to notify EPA at least 90
days before commencing the
manufacture or processing of a chemical
substance for any activity proposed as a
significant new use. Receipt of such
notices would allow EPA to assess risks
that may be presented by the intended
uses and, if appropriate, to regulate the
proposed use before it occurs.
Additional rationale and background to
these proposed rules are more fully set
out in the preamble to EPA’s first direct
final SNUR published in the Federal
Register issue of April 24, 1990 (55 FR
17376). Consult that preamble for
further information on the objectives,
rationale, and procedures for SNURs
and on the basis for significant new use
designations, including provisions for
developing test data.
B. What is the Agency’s authority for
taking this action?
Section 5(a)(2) of TSCA (15 U.S.C.
2604(a)(2)) authorizes EPA to determine
that a use of a chemical substance is a
‘‘significant new use.’’ EPA must make
this determination by rule after
considering all relevant factors,
including the four bulleted TSCA
section 5(a)(2) factors listed in Unit III.
Once EPA determines that a use of a
chemical substance is a significant new
use, TSCA section 5(a)(1)(B) 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
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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.
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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,
and exemptions to reporting
requirements. Provisions relating to user
fees appear at 40 CFR part 700.
According to § 721.1(c), persons subject
to 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. Proposed 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.
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In addition to these factors
enumerated in TSCA section 5(a)(2), the
statute authorizes EPA to consider any
other relevant factors.
To preliminarily determine what
would constitute a significant new use
for the 66 chemical substances that are
the subject of these SNURs, EPA
considered relevant information about
the toxicity of the chemical substances
and potential human exposures and
environmental releases that may be
associated with the conditions of use of
the substances, in the context of the four
bulleted TSCA section 5(a)(2) factors
listed in this unit.
IV. Substances Subject to This Proposed
Rule
EPA is proposing significant new use
and recordkeeping requirements for 66
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 that
would be 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 VII. for more
information.
• CFR citation assigned in the
regulatory text section of the proposed
rule.
The regulatory text section of each
proposed rule specifies the activities
that would be 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 proposed
rule, may be claimed as CBI.
These proposed rules include 66 PMN
substances that are subject to Orders
issued under TSCA section 5(e)(1)(A) or
section 5(f)(3)(A). Each Order is based
on one or more of the findings in TSCA
section 5(a)(3)(A) or section 5(a)(3)(B):
There is insufficient information to
permit a reasoned evaluation; in the
absence of sufficient information to
permit a reasoned evaluation, the
activities associated with the PMN
substances may present unreasonable
risk to health or the environment; the
substance is or will be produced in
substantial quantities, and enters or may
reasonably be anticipated to enter the
environment in substantial quantities or
there is or may be significant
(substantial) human exposure to the
substance; presents an unreasonable risk
of injury to health or environment.
Those Orders require protective
measures to limit exposures or
otherwise mitigate the potential
unreasonable risk. The proposed SNURs
would 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.
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However, no comparable NCEL
provisions currently exist in 40 CFR
part 721, subpart B, for SNURs.
Therefore, for these cases, the
individual SNURs in 40 CFR part 721,
subpart E, will state that persons subject
to the SNUR who wish to pursue NCELs
as an alternative to the § 721.63
respirator requirements may request to
do so under § 721.30. EPA expects that
persons whose § 721.30 requests to use
the NCELs approach for SNURs that are
approved by EPA will be required to
comply with NCELs provisions that are
comparable to those contained in the
corresponding TSCA section 5(e) Order
for the same chemical substance.
PMN Number: P–15–106
Chemical Name: Alkene reaction and
distillation by-products and residues
(generic).
CAS Number: Not available.
Effective date of TSCA section 5(e)
Order: May 17, 2018.
Basis for TSCA section 5(e) Order:
The PMN states that the generic (nonconfidential) use of the substance will
be as a mining and fuel additive. Based
on test data for analogous chemicals,
EPA identified concerns for
developmental toxicity, irritation to the
eyes, mucous membranes, and lungs,
and dermal sensitization. EPA predicts
toxicity to aquatic organisms may occur
at concentrations that exceed 1 part per
billion (ppb). The Order was issued
under sections 5(a)(3)(B)(ii)(I) and
5(e)(l)(A)(ii)(I) of TSCA, based on a
finding that in the absence of sufficient
information to permit a reasoned
evaluation, the substance may present
an unreasonable risk of injury to health
and the environment. The Order was
also issued under TSCA sections
5(a)(3)(B)(ii)(II) and 5(e)(1)(A)(ii)(II),
based on a finding that the substance is
or will be produced in substantial
quantities and that the substance either
enters or may reasonably be anticipated
to enter the environment in substantial
quantities, or there is or may be
significant (or substantial) human
exposure to the substance. To protect
against these risks, the Order requires:
1. Submit to EPA certain toxicity
testing before manufacturing the
confidential aggregate production
volume 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 of
Occupational Safety and Health
(NIOSH) certified respirator with an
assigned protection factor (APF) of 10
where there is a potential for inhalation
exposure or compliance with a NCEL of
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2 mg/m3 as an 8-hour time-weighted
average to prevent inhalation exposure;
4. Release of the PMN substance to
water without resulting in surface water
concentrations that exceed 1 ppb; and
5. Establishment and use of a hazard
communication program, including
human health precautionary statements
on each label and in the Safety Data
Sheet (SDS).
The proposed SNUR would designate
as a ‘‘significant new use’’ the absence
of these protective measures.
Potentially useful information: EPA
has determined that certain information
about the health and environmental
effects 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
would be that would be designated by
this proposed SNUR. The submitter has
agreed not to exceed a certain
production volume limit without
performing specific developmental
toxicity testing. EPA has also
determined that the results of acute
aquatic toxicity testing would help
characterize the potential environmental
effects of the PMN substance. Although
the Order does not require these tests,
the Order’s restrictions remain in effect
until the Order is modified or revoked
by EPA based on submission of this or
relevant information.
CFR citation: 40 CFR 721.11194.
PMN Number: P–15–726
Chemical name: Oxirane, 2-methyl-,
polymer with oxirane, monobutyl ether,
monoether with propylene oxide-2-[[3(triethoxysilyl)propoxy]methyl]oxirane
polymer.
CAS Number: 1644400–33–8.
Effective date of TSCA section 5(e)
Order: March 7, 2018.
Basis for TSCA section 5(e) Order:
The PMN states that the use of the
substance will be as a co-polymer for
use in adhesives and sealant
formulations. Based on the reactivity of
the triethoxysilyl group of the PMN
substance, EPA identified concerns for
respiratory irritation. The Order was
issued under TSCA sections
5(a)(3)(B)(ii)(I) and 5(e)(l)(A)(ii)(I), based
on a finding that in the absence of
sufficient information to permit a
reasoned evaluation, the substance may
present an unreasonable risk of injury to
health and the environment. To protect
against these risks, the Order requires:
1. No manufacturing, processing, or
use of the PMN substance in any
manner that generates a vapor, dust,
mist, or aerosol; and
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2. Establishment and use of a hazard
communication program, including
human health precautionary statements
on each label and in the SDS.
The proposed SNUR would designate
as a ‘‘significant new use’’ the absence
of these protective measures.
Potentially useful information: EPA
has determined that certain information
about the health effects 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 designated by this
SNUR. EPA has also determined that the
results of specific target organ toxicity
or pulmonary effects testing would help
characterize the potential health effects
of the PMN substance. Although the
Order does not require this testing, the
Order’s restrictions remain in effect
until the Order is modified or revoked
by EPA based on submission of this or
relevant information.
CFR citations: 40 CFR 721.11195.
PMN Number: P–16–337
Chemical name: Aliphatic acrylate
(generic).
CAS Number: Not available.
Effective date of TSCA section 5(e)
Order: April 17, 2018.
Basis for TSCA section 5(e) Order:
The PMN states that the use of the
substance will be as a monomer. Based
on analogy to acrylates, EPA has
identified concerns for mutagenicity,
oncogenicity, developmental, liver, and
kidney toxicity, sensitization, irritation/
corrosion, and aquatic/terrestrial
toxicity. The Order was issued under
TSCA sections 5(a)(3)(B)(ii)(I) and
5(e)(1)(A)(ii)(I), based on a finding that
in the absence of sufficient information
to permit a reasoned evaluation, the
substance may present an unreasonable
risk of injury to health and the
environment. To protect against these
risks, the Order requires:
1. Use of personal protective
equipment to prevent dermal exposure
where there is potential for dermal
exposure;
2. Use of a NIOSH-certified respirator
with an APF of at least 50 where there
is a potential for inhalation exposure;
3. No use of the PMN substance other
than as a chemical intermediate;
4. Establishment and use of a hazard
communication program, including
human health precautionary statements
on each label and in the SDS; and
5. No release of the PMN substance
resulting in surface water
concentrations that exceed 1 ppb.
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The proposed SNUR would designate
as a ‘‘significant new use’’ the absence
of these protective measures.
Potentially useful information: EPA
has determined that certain information
about the health and environmental
effects 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
would be designated by this proposed
SNUR. EPA has also determined that the
results of specific pulmonary effects and
skin sensitization testing would help
characterize the potential health effects
of the PMN substance and results of
chronic aquatic toxicity testing would
help characterize the potential
environmental effects of the PMN
substance. Although the Order does not
require these tests, the Order’s
restrictions remain in effect until the
Order is modified or revoked by EPA
based on submission of this or relevant
information.
CFR citation: 40 CFR 721.11196.
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PMN Number: P–16–421
Chemical name: Flue dust, glass
manufg. Desulfurization. Definition: The
dust produced from the flue gas exhaust
cleaning of a glass manufacturing
process using carbonate containing
substances. It consists primarily of
Na2S04, Na2CO3, and Na4(SO4)(CO3).
CAS Number: 1916486–36–6.
Effective date of TSCA section 5(e)
Order: April 19, 2018.
Basis for TSCA section 5(e) Order:
The PMN states that the use of the PMN
substance will be as an additive to
facilitate melting of sand during
manufacture of glass. EPA identified
concerns for reproductive,
developmental, renal, neurological,
hematological, gastrointestinal, and
cardiovascular effects, and cancer, based
on the substance containing toxic metal
impurities. The Order was issued under
sections 5(a)(3)(B)(ii)(I) and
5(e)(l)(A)(ii)(I) of TSCA, based on a
finding that in the absence of sufficient
information to permit a reasoned
evaluation, the substance may present
an unreasonable risk of injury to human
health. To protect against these risks,
the Order requires:
1. Use of a NIOSH-certified respirator
with an APF of at least 50 where there
is a potential for inhalation exposure or
when the PMN substance is in a mixture
at a concentration below 1.0 percent by
weight, an APF of 10;
2. Establishment and use of a hazard
communication program, including
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human health precautionary statements
on each label and in the SDS;
3. Not modifying the processes or uses
described in the PMN such that
occupational exposure is increased;
4. Use of the PMN substance only as
a site-limited intermediate;
5. Conducting and reporting to EPA
an elemental analysis for the
composition of the PMN substance six
months after filing the notice of
commencement and every six months,
at each use site, for three years
thereafter; and
6. Conducting and reporting to EPA
an elemental analysis each time a
change in the manufacturing process
could result in the PMN substance
possessing a different elemental
composition.
The proposed SNUR would designate
as a ‘‘significant new use’’ the absence
of protective measures 1, 2, 3, 4, and
manufacture of the substance with an
elemental composition different from
that described in the PMN.
Potentially useful information: EPA
has determined that certain information
about the composition 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 would be
designated by this proposed SNUR. The
submitter has agreed not to manufacture
the PMN substance more than 6 months
without performing an elemental
analysis to characterize the elemental
composition of the PMN substance.
CFR citation: 40 CFR 721.11197.
PMN Number: P–16–600
Chemical name: Organo-titanate
(generic).
CAS number: Not available.
Effective date of TSCA section 5(e)
Order: May 23, 2018.
Basis for TSCA section 5(e) Order:
The PMN states that the generic (nonconfidential) use of the substance will
be as an electrolyte. Based on submitted
test data and the pH of the PMN
substance, EPA identified concerns for
mutagenicity, sensitization, irritation to
skin, eyes and mucous membranes, and
oncogenicity. EPA predicts toxicity to
aquatic organisms may occur at
concentrations that exceed 35 ppb based
on analogy to phenols. The Order was
issued under sections 5(a)(3)(B)(ii)(I)
and 5(e)(l)(A)(ii)(I) of TSCA, based on a
finding that in the absence of sufficient
information to permit a reasoned
evaluation, the substance may present
an unreasonable risk of injury to human
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health and the environment. To protect
against these risks, the Order requires:
1. Use of personal protective
equipment to prevent dermal exposure
where there is a potential for dermal
exposure;
2. Establishment and use of a hazard
communication program, including
human health precautionary statements
on each label and in the SDS;
3. Manufacturing, processing, or use
of the PMN substance only for the
confidential use specified in the Order;
4. No processing or use of the PMN
substance in application methods that
generate a vapor, mist, or aerosol; and
5. No release of the PMN substance to
surface waters.
The proposed SNUR would designate
as a ‘‘significant new use’’ the absence
of these protective measures.
Potentially useful information. EPA
has determined that certain information
about the health and environmental
effects 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
would be designated by this proposed
SNUR. EPA has also determined that the
results of specific aquatic toxicity and
carcinogenicity tests would help
characterize the potential environmental
and health effects of the PMN substance.
Although the Order does not require
these tests, the Order’s restrictions will
remain in effect until the Order is
modified or revoked by EPA based on
submission of this or other information.
CFR citation: 40 CFR 721.11198.
PMN Number: P–17–7
Chemical name: Dialkyl 7,10-dioxa,
dithiahexadeca diene (generic).
CAS Number: Not available.
Effective date of TSCA section 5(e)
Order: April 17, 2018.
Basis for TSCA section 5(e) Order:
The PMN states that the use of the
substance will be as a chemical
intermediate. Based on physical
chemical properties and that the
epoxide may occur as an oxidation
product, EPA has concerns for skin and
lung sensitization, mutagenicity,
oncogenicity, developmental toxicity,
male reproductive toxicity, liver
toxicity, and kidney toxicity. Based on
structure activity relationship (SAR)
analysis on analogous neutral organic
chemicals, EPA predicts toxicity to
aquatic organisms may occur at
concentrations that exceed 67 ppb. 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 in the absence
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of sufficient information to permit a
reasoned evaluation, the substance may
present an unreasonable risk of injury to
human health and the environment. To
protect against these risks, the Order
requires:
1. Use of personal protective
equipment where there is a potential for
dermal exposure;
2. Refrain from manufacturing
(including import) the PMN substance
for use other than as a chemical
intermediate;
3. No manufacturing, processing or
use of the substance that would result
in inhalation exposures by vapor, dust,
mist, or aerosol;
4. No release of the PMN substance
resulting in surface water
concentrations that exceed 67 ppb; and
5. Establishment and use of a hazard
communication program, including
human health precautionary statements
on each label and in the SDS.
The proposed SNUR would designate
as a ‘‘significant new use’’ the absence
of these protective measures.
Potentially useful information: EPA
has determined that certain information
about environmental effects and health
effects of the PMN substance may be
potentially useful 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
would be designated by this proposed
SNUR. EPA has determined that the
results of specific target organ toxicity,
carcinogenicity, and acute aquatic
toxicity testing would help characterize
the potential human and environmental
effects of the PMN substance. Although
the Order does not require these tests,
the Order’s restrictions remain in effect
until the Order is modified or revoked
by EPA based on submission of this or
relevant information.
CFR citation: 40 CFR 721.11199.
PMN Number: P–17–49
Chemical name: Haloalkyl substituted
carbomonocycle (generic).
CAS Number: Not available.
Effective date of TSCA section 5(e)
Order: March 13, 2018.
Basis for TSCA section 5(e) Order:
The PMN states that the generic (nonconfidential) use of the substance will
be as a starting material for synthesis.
EPA has identified concerns for dermal
and respiratory sensitization,
mutagenicity, oncogenicity, and
developmental toxicity based on the
potential for the chemical substance to
be an alkylating agent. There are also
concerns for possible effects on the liver
and the chemical substance is expected
to be a strong irritant and corrosive to
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all exposed tissues based on data on
analogous chemicals. EPA predicts that
the substance will persist in the
environment, could bioaccumulate or
biomagnify, and could be toxic (PBT).
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
in the absence of sufficient information
to permit a reasoned evaluation, the
substance may present an unreasonable
risk of injury to health and the
environment. To protect against these
risks, the Order requires:
1. Use of personal protective
equipment to prevent dermal exposure
where there is potential for dermal
exposure;
2. Use of a NIOSH certified respirator
with an APF of at least 10 where there
is potential for inhalation exposure;
3. Use of the confidential engineering
controls specified in the Order;
4. Establishment and use of a hazard
communication program, including
human health precautionary statements
on each label and in the SDS;
5. Refraining from domestic
manufacture in the United States (i.e.,
import only);
6. Use of the PMN substance only for
the confidential use specified in the
Order;
7. No manufacture of the PMN
substance beyond an annual production
volume specified in the Order;
8. Disposal of the PMN substance only
by incineration; and
9. No release of the PMN substance to
surface waters.
The proposed SNUR would designate
as a ‘‘significant new use’’ the absence
of these protective measures.
Potentially useful information: EPA
has determined that certain information
about the fate and health effects 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 would be
designated by this proposed SNUR. EPA
has also determined that the results of
specific reproductive/developmental
toxicity, genetic toxicity, and fate testing
would help characterize the potential
human and environmental effects of the
PMN substance. Although the Order
does not require these tests, the Order’s
restrictions remain in effect until the
Order is modified or revoked by EPA
based on submission of this or relevant
information.
CFR citation: 40 CFR 721.11200.
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PMN Numbers: P–17–249, P–17–380,
and P–17–381
Chemical names: Amine- and
hydroxy-functional acrylic polymer,
neutralized (P–17–249), amine- and
hydroxy-functional acrylic polymer
(generic) (P–17–380), and hydroxy
acrylic polymer, methanesulfonates
(generic) (P–17–381).
CAS Numbers: Not available.
Effective date of TSCA section 5(e)
Order: March 6, 2018.
Basis for TSCA section 5(e) Order:
The PMNs state that the generic (nonconfidential) use of the PMN substances
will be open and non-dispersive. Based
on analysis of test data on analogous
polycationic polymers, EPA identified
potential concerns for lung effects and
aquatic toxicity. The Order was issued
under TSCA sections 5(a)(3)(B)(ii)(I) and
5(e)(l)(A)(ii)(I), based on a finding that
in the absence of sufficient information
to permit a reasoned evaluation, the
substances may present an unreasonable
risk of injury to human health and the
environment. The Order was also issued
under TSCA sections 5(a)(3)(B)(ii)(II)
and 5(e)(1)(A)(ii)(II), based on a finding
that the substances are or will be
produced in substantial quantities and
that the substances either enters or may
reasonably be anticipated to enter the
environment in substantial quantities,
or there is or may be significant (or
substantial) human exposure to the
substances. To protect against these
risks, the Order requires:
1. Use of the PMN substances only for
the confidential uses specified in the
Order;
2. Use of the confidential engineering
controls specified in the Order;
3. No manufacturing or use of the
PMN substances with methods that
generate a dust, spray, mist, or aerosol;
4. Establishment and use of a hazard
communication program, including
human health precautionary statements
on each label and in the SDS; and
5. Disposal of the PMN substances
only by incineration or with onsite pretreatment of water releases at an onsite
waste water treatment plant with at least
96% efficiency.
The proposed SNUR would designate
as a ‘‘significant new use’’ the absence
of these protective measures.
Potentially useful information. EPA
has determined that certain information
about the physical-chemical properties,
health effects and environmental effects
of the PMN substances may be
potentially useful to characterize the
potential effects of the PMN substances
in support of a request by the PMN
submitter to modify the Order, or if a
manufacturer or processor is
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considering submitting a SNUN for a
significant new use that would be
designated by this proposed SNUR. EPA
has also determined that the results of
specific particle size distribution,
physical-chemical property, acute and
chronic pulmonary toxicity, and acute
and chronic aquatic toxicity testing
would help characterize the potential
human and environmental effects of the
PMN substances. Although the Order
does not require these tests, the Order’s
restrictions will remain in effect until
the Order is modified or revoked by
EPA based on submission of this or
relevant information.
CFR citation: 40 CFR 721.11201 (P–
17–249), 40 CFR 721.11202 (P–17–380)
and 40 CFR 721.11203 (P–17–381).
PMN Number: P–17–270
Chemical name: Alkyl perfluorinated
acryloyl ester (generic).
CAS Number: Not available.
Effective date of TSCA section 5(e)
Order: April 26, 2018.
Basis for TSCA section 5(e) Order:
The PMN states that the generic (nonconfidential) use of the substance will
be as a low refractive index coating.
Based analysis of test data on an
analogue, EPA identified concerns for
liver toxicity, blood toxicity, and male
reproductive toxicity for the potential
degradant product. EPA predicts
environmental toxicity from the effects
of the potential degradation products
based on analogue test data. EPA
predicts that the substance will persist
in the environment, could
bioaccumulate or biomagnify, and could
be toxic (PBT). The Order was issued
under sections 5(a)(3)(B)(ii)(I) and
5(e)(l)(A)(ii)(I) of TSCA, based on a
finding that in the absence of sufficient
information to permit a reasoned
evaluation, the substance may present
an unreasonable risk of injury to health
and the environment. To protect against
these risks, the Order requires:
1. Refraining from domestic
manufacture in the United States (i.e.,
import only);
2. No manufacture of the PMN
substance beyond a confidential
maximum annual manufacture (which
includes import) volume; and
3. Use the PMN substance only for the
confidential uses specified in the Order.
The proposed SNUR would designate as
a ‘‘significant new use’’ the absence of
these protective measures.
Potentially useful information. EPA
has determined that certain information
about the environmental fate of the
PMN substance may be potentially
useful to characterize the potential
effects of the PMN substance in support
of a request by the PMN submitter to
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modify the Order, or if a manufacturer
or processor is considering submitting a
SNUN for a significant new use that
would be designated by this proposed
SNUR. EPA has also determined that the
results of specific characterization, fate,
and bioaccumulation testing would help
characterize the potential health and
environmental effects of the PMN
substance. Although the Order does not
require these tests, the Order’s
restrictions will remain in effect until
the Order is modified or revoked by
EPA based on submission of this or
relevant information.
CFR citations: 40 CFR 721.11204.
PMN Number: P–17–271
Chemical name: Poly(oxy-1,2ethanediyl), .alpha.-(2-methyl-2-propen1-yl)-.omega.-hydroxy-.
CAS Number: 31497–33–3.
Effective date of TSCA section 5(e)
Order: March 15, 2018.
Basis for TSCA section 5(e) Order:
The PMN states that the use of the
substance will be as a polymer
intermediate. Based on the surfactant
properties of the PMN substance, EPA
has identified concerns for lung toxicity.
There are concerns for skin and lung
sensitization, mutagenicity,
oncogenicity, developmental toxicity,
male reproductive toxicity, liver
toxicity, and kidney toxicity based on
the potential epoxide oxidation product.
The Order was issued under TSCA
sections 5(a)(3)(B)(i) and 5(e)(1)(A)(i),
based on a finding that the available
information is insufficient to permit a
reasoned evaluation of the human
health effects of the PMN substance. To
protect against these risks, the Order
requires:
1. Refrain from manufacturing,
processing or using the PMN substance
in a manner that generates a vapor, mist,
or aerosol, or that results in inhalation
exposure;
2. Refraining from domestic
manufacture in the United States (i.e.,
import only);
3. No use of the PMN substance other
than as a polymer intermediate; and
4. Establishment and use of a hazard
communication program, including
human health precautionary statements
on each label and in the SDS.
The proposed SNUR would designate
as a ‘‘significant new use’’ the absence
of these protective measures.
Potentially useful information: EPA
has determined that certain information
about the health effects 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
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considering submitting a SNUN for a
significant new use that would be
designated by this proposed SNUR. EPA
has also determined that the results of
specific genetic toxicology,
reproductive/developmental toxicity
and pulmonary effect testing would
help characterize the potential health
effects of the PMN substance. Although
the Order does not require these tests,
the Order’s restrictions remain in effect
until the Order is modified or revoked
by EPA based on submission of this or
relevant information.
CFR citation: 40 CFR 721.11205.
PMN Number: P–17–304
Chemical name: Alkylidene
dicarbomonocycle, polymer with halosubstituted heteromonocycle and
disubstituted alkyl carbomonocycle
alkenedioate alkylalkenoate (generic).
CAS Number: Not available.
Effective date of TSCA section 5(e)
Order: March 20, 2018.
Basis for TSCA section 5(e) Order:
The PMN states that the use of the
substance will be as a chemical
intermediate for thermoset plastic
material. Based on analogue data for low
molecular weight moieties in the
polymer, EPA has identified concern for
sensitization. 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
in the absence of sufficient information
to permit a reasoned evaluation, the
substance may present an unreasonable
risk of injury to health and the
environment. To protect against these
risks, the Order requires:
1. Refraining from domestic
manufacture in the United States (i.e.,
import only);
2. Use of personal protective
equipment to prevent dermal exposure
where there is potential for dermal
exposure;
3. Establishment and use of a hazard
communication program, including
human health precautionary statements
on each label and in the SDS;
4. Not manufacture (which under
TSCA includes importing) the PMN
substance to contain no more than 0.1%
residual isocyanate by weight; and
5. No use of the PMN substance other
than as a chemical intermediate for
thermoset plastic material.
The proposed SNUR would designate
as a ‘‘significant new use’’ the absence
of these protective measures.
Potentially useful information: EPA
has determined that certain information
about the health effects 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
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if a manufacturer or processor is
considering submitting a SNUN for a
significant new use that would be
designated by this proposed SNUR. EPA
has also determined that the results of
specific skin sensitization testing would
help characterize the potential health
effects of the PMN substance. Although
the Order does not require these tests,
the Order’s restrictions remain in effect
until the Order is modified or revoked
by EPA based on submission of this or
relevant information.
CFR citation: 40 CFR 721.11206.
PMN Numbers: P–17–337 and P–17–338
Chemical names: Aluminum boron
cobalt lithium nickel oxide (P–17–337)
and Aluminum boron cobalt lithium
magnesium nickel oxide (P–17–338).
CAS Numbers: 207803–51–8 (P–17–
337) and 2087499–33–8 (P–17–338).
Effective date of TSCA section 5(e)
Order: March 5, 2018.
Basis for TSCA section 5(e) Order:
The PMNs state that use of the
substances will be as cathode material
for lithium ion batteries. Based on
analysis of test data on the PMN
substances and analysis of test data on
analogous chemicals, EPA identified
concerns for lung effects, oncogenicity,
systemic effects, dermal corrosion and
irritation. The Order was issued under
sections 5(a)(3)(B)(ii)(I) and
5(e)(l)(A)(ii)(I) of TSCA, based on a
finding that in the absence of sufficient
information to permit a reasoned
evaluation, the substances may present
an unreasonable risk of injury to health.
The Order was also issued under TSCA
sections 5(a)(3)(B)(ii)(II) and
5(e)(1)(A)(ii)(II), based on a finding that
the PMN substance P–17–337 is or will
be produced in substantial quantities
and that the substance either enters or
may reasonably be anticipated to enter
the environment in substantial
quantities, or there is or may be
significant (or substantial) human
exposure to the substance. To protect
against these risks, the Order requires:
1. Submit to EPA certain toxicity
testing before exceeding the 24-month
and 6-year time limit specified in the
Order;
2. Use of personal protective
equipment where there is a potential for
dermal exposure;
3. Use of a NIOSH certified respirator
with an APF of at least 1,000 where
there is a potential for inhalation
exposure;
4. As an alternative to using
respirators maintain workplace airborne
concentrations of the PMN substances at
or below a specified NCEL of 0.000092
mg/m3, verified by actual exposure
monitoring data;
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5. Establishment and use of a hazard
communication program, including
human health precautionary statements
on each label and in the SDS;
6. Manufacture and process the PMN
substances only in a facility where all
process air streams containing the PMN
substances pass through control
technology (such as a high-efficiency
particulate air (HEPA) filter) with a
rated removal efficiency of at least
99.99%.
7. Dispose of the PMN substances and
manufacture, processing, and use waste
streams containing the PMN substances
by landfill or by metal reclamation by a
person who agrees to follow the terms
of the Order.
The proposed SNUR would designate
as a ‘‘significant new use’’ the absence
of these protective measures. Potentially
useful information: EPA has determined
that certain information about the health
effects 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
would be designated by this proposed
SNUR. The submitter has agreed not to
exceed certain time limits without
performing specific target organ toxicity
or carcinogenic effects testing. The
Order’s restrictions remain in effect
until the Order is modified or revoked
by EPA based on submission of this or
relevant information.
CFR citation: 40 CFR 721.11207 (P–
17–337) and 40 CFR 721.11208 (P–17–
338).
PMN Number: P–17–343
Chemical name: Heteropolycyclicalkanol carbomonocyclealkanesulfonate (generic).
CAS Number: Not available.
Effective date of TSCA section 5(e)
Order: April 3, 2018.
Basis for TSCA section 5(e) Order:
The PMN states that the generic (nonconfidential) use of the substance will
be as a corrosion inhibitor in aqueous
systems. Based on test data on the PMN
substance and SAR analysis of analogue
data, EPA has identified hazards for eye
irritation, developmental toxicity,
systemic toxicity, and aquatic toxicity.
The Order was issued under TSCA
sections 5(a)(3)(B)(ii)(I) and
5(e)(1)(A)(ii)(I), based on a finding that
in the absence of sufficient information
to permit a reasoned evaluation, the
substance may present an unreasonable
risk of injury to health and the
environment. The Order was also issued
under TSCA sections 5(a)(3)(B)(ii)(II)
and 5(e)(1)(A)(ii)(II), based on a finding
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that the substance is or will be produced
in substantial quantities and that the
substance either enters or may
reasonably be anticipated to enter the
environment in substantial quantities,
or there is or may be significant (or
substantial) human exposure to the
substance. To protect against these risks,
the Order requires:
1. Provide personal protective
equipment to its workers to prevent
dermal exposure where there is
potential for dermal exposure;
2. Establishment and use of a hazard
communication program, including
human health precautionary statements
on each label and in the SDS;
3. Use of the PMN substance only for
the confidential use specified in the
PMN; and
4. Refrain from manufacturing,
processing, or using the PMN substance
in a manner that results in inhalation
exposure to vapors, dusts, mists or
aerosols.
The proposed SNUR would designate
as a ‘‘significant new use’’ the absence
of these protective measures.
Potentially useful information: EPA
has determined that certain information
about the health and environmental
effects 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
would be designated by this proposed
SNUR. EPA has also determined that the
results of specific reproductive/
developmental toxicity and chronic
aquatic toxicity testing would help
characterize the potential health effects
of the PMN substance. Although the
Order does not require these tests, the
Order’s restrictions remain in effect
until the Order is modified or revoked
by EPA based on submission of this or
relevant information.
CFR citation: 40 CFR 721.11209.
PMN Number: P–17–354
Chemical name: (Substituteddialkyl(C=1∼7)silyl)alkanenitrile
(generic).
CAS Number: Not available.
Effective date of TSCA section 5(e)
Order: March 14, 2018.
Basis for TSCA section 5(e) Order:
The PMN states that the generic (nonconfidential) use of the substance will
be as a solvent in electrolyte solution in
batteries which will improve the
performance of the batteries in
consumer electronics and automotive
applications. Based on test data on the
PMN substance and SAR analysis of test
data on analogous substances, EPA
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identified hazard for mutagenicity, eye
and skin irritation, sensitization, kidney
toxicity, reproductive toxicity,
developmental toxicity, and aquatic
toxicity. The Order was issued under
TSCA sections 5(a)(3)(B)(ii)(I) and
5(e)(1)(A)(ii)(I), based on a finding that
in the absence of sufficient information
to permit a reasoned evaluation, the
substance may present an unreasonable
risk of injury to health and the
environment. To protect against these
risks, the Order requires:
1. Provide personal protective
equipment to its workers to prevent
dermal exposure where there is
potential for dermal exposure;
2. Use of a NIOSH-certified respirator
with an APF of at least 50 to prevent
inhalation exposure where there is
potential for inhalation exposure;
3. Establishment and use of a hazard
communication program, including
human health precautionary statements
on each label and in the SDS;
4. Use of the PMN substance only for
the confidential use specified in the
Order; and
5. Dispose of the PMN substance only
by incineration with an efficiency not
less than 99.9%.
The proposed SNUR would designate
as a ‘‘significant new use’’ the absence
of these protective measures.
Potentially useful information: EPA
has determined that certain information
about the health effects 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 would be
designated by this proposed SNUR. EPA
has also determined that the results of
specific reproductive toxicity testing
would help characterize the potential
health effects of the PMN substance.
Although the Order does not require
this test, the Order’s restrictions remain
in effect until the Order is modified or
revoked by EPA based on submission of
this or relevant information.
CFR citation: 40 CFR 721.11210.
PMN Number: P–17–361
Chemical name: Substituted
heteromonocycle, polymer with
diisocyanato alkane and alkanediol,
substituted heteromonocycle
homopolymer ester with substituted
alkylacrylate; blocked (generic).
CAS Number: Not available.
Effective date of TSCA section 5(e)
Order: April 26, 2018.
Basis for TSCA section 5(e) Order:
The PMN states that the use of the
substance will be as a dual-cure
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adhesion coating or barrier. EPA
identified concerns for eye and skin
irritation, and dermal and respiratory
sensitization based on the isocyanate
moiety. EPA also identified concerns for
liver, kidney, and developmental
toxicities, oncogenicity, and
mutagenicity based on the presence of
acrylates. The Order was issued under
sections 5(a)(3)(B)(ii)(I) and
5(e)(l)(A)(ii)(I) of TSCA, based on a
finding that in the absence of sufficient
information to permit a reasoned
evaluation, the substance may present
an unreasonable risk of injury to human
health. To protect against these risks,
the Order requires:
1. Use of personal protective
equipment to prevent dermal exposure
where there is a potential for dermal
exposure;
2. Use of a NIOSH-certified respirator
with an APF of 50 or an APF of 1000
if spray applied where there is a
potential for inhalation exposure;
3. Establishment and use of a hazard
communication program, including
human health precautionary statements
on each label and in the SDS;
4. Refraining from domestic
manufacture in the United States (i.e.,
import only);
5. Not manufacturing (which under
TSCA includes import) the PMN
substance with more than 0.25%
residual isocyanate;
6. Manufacture (which under TSCA
includes import) the PMN substance to
have a number average molecular
weight of greater than or equal to 2,280
Daltons (weight percent); and
7. Use the PMN substance only as a
dual-cure adhesion coating or barrier.
The proposed SNUR would designate
as a ‘‘significant new use’’ the absence
of these protective measures.
Potentially useful information: EPA
has determined that certain information
about the health effects 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 would be
designated by this proposed SNUR. EPA
has also determined that the results of
skin sensitization testing would help
characterize the potential health effects
of the PMN substance. Although the
Order does not require this testing, the
Order’s restrictions remain in effect
until the Order is modified or revoked
by EPA based on submission of this or
relevant information.
CFR citation: 40 CFR 721.11211.
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PMN Numbers: P–17–401 and P–17–402
Chemical names: Glycolipids,
sophorose-contg., candida bombicolafermented, from C16–18 and C18unsatd. glycerides and D-glucose,
hydrolyzed, sodium salts (P–17–401)
and Glycolipids, sophorose-contg.,
candida bombicola-fermented, from
C16–18 and C18-unsatd. glycerides and
D-glucose, hydrolyzed, potassium salts
(P–17–402).
CAS Numbers: 2102535–74–8 (P–17–
401) and 2102536–64–9 (P–17–402).
Effective date of TSCA section 5(e)
Order: April 19, 2018.
Basis for TSCA section 5(e) Order:
The PMNs state that the use of the
substances will be as a flow-back
additive, surfactant for enhanced oil
recovery, and foaming agent for well
deliquification. Based on physical/
chemical properties of the PMN
substances, and analysis of test data on
the PMN substances, EPA has identified
concern for irritation to eyes, skin,
mucous membranes and lungs. There is
also concern for lung effects if respirable
particulates or droplets are inhaled. 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 in the absence
of sufficient information to permit a
reasoned evaluation, the substances may
present an unreasonable risk of injury to
health and the environment. The Order
was also issued under TSCA sections
5(a)(3)(B)(ii)(II) and 5(e)(1)(A)(ii)(II),
based on a finding that the substances
are or will be produced in substantial
quantities and that the substances either
enter or may reasonably be anticipated
to enter the environment in substantial
quantities, or there is or may be
significant (or substantial) human
exposure to the substances. To protect
against these risks, the Order requires:
1. Use of personal protective
equipment to prevent dermal exposure
where there is a potential for dermal
exposure;
2. Establishment and use of a hazard
communication program, including
human health precautionary statements
on each label and in the SDS;
3. Refrain from manufacturing
(excluding import) of the PMN
substances in the United States;
4. Refrain from manufacturing
(including import), processing, or using
the PMN substances in a manner that
would generate vapors, mists, aerosols
or dusts; and
5. Refrain from manufacturing,
processing, or using the PMN
substances for consumer use or for
commercial uses that could introduce
the substance into a consumer setting.
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The proposed SNUR would designate
as a ‘‘significant new use’’ the absence
of these protective measures.
Potentially useful information: EPA
has determined that certain information
about the physical-chemical properties,
environmental effects, and health effects
of the PMN substances may be
potentially useful to characterize the
effects of the PMN substances in
support of a request by the PMN
submitter to modify the Order, or if a
manufacturer or processor is
considering submitting a SNUN for a
significant new use that would be
designated by this proposed SNUR. EPA
has also determined that the results of
specific physical-chemical property
acute aquatic toxicity, and acute and
chronic pulmonary effects testing would
help characterize the potential health
effects of the PMN substances. Although
the Order does not require this testing,
the Order’s restrictions remain in effect
until the Order is modified or revoked
by EPA based on submission of this or
relevant information.
CFR citations: 40 CFR 721.11212 (P–
17–401) and 40 CFR 721.11213 (P–17–
402).
PMN Number: P–17–404
Chemical name: 2-Propenoic acid, 2methyl-, 2-(2-butoxyethoxy)ethyl ester,
polymer with 1,3-butadiene and 2propenenitrile.
CAS number: 2058302–39–7.
Effective date of TSCA section 5(e)
Order: March 27, 2018.
Basis for TSCA section 5(e) Order:
The PMN states that the generic (nonconfidential) use of the substance will
be as an intermediate completely used
on site. Based on SAR analysis of test
data on analogous high molecular
weight polymers, EPA has identified
concerns for lung effects. The Order was
issued under TSCA sections
5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I),
based on a finding that in the absence
of sufficient information to permit a
reasoned evaluation, the substance may
present an unreasonable risk of injury to
human health. To protect against this
risk, the Order requires: No
manufacturing, processing, or use of the
PMN substance in any manner that
generate a spray, mist, aerosol, or
respirable particles.
The proposed SNUR would designate
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 health effects 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 would be
designated by this proposed SNUR. EPA
has also determined that the results of
particle size testing and acute and
chronic pulmonary effects testing would
help characterize the potential health
effects of the PMN substance. Although
the Order does not require these tests,
the Order’s restrictions remain in effect
until the Order is modified or revoked
by EPA based on submission of this or
relevant information.
CFR citation: 40 CFR 721.11214.
PMN Numbers: P–17–405, P–17–406, P–
17–407, P–17–408, P–17–409, P–17–410,
P–17–411, P–17–412, P–17–414, P–17–
415, P–17–416, P–17–417, P–17–418, P–
17–420, P–17–421, P–17–422, P–17–423,
P–17–441, P–17–442, P–17–444, P–17–
445, P–17–446, P–17–447, P–17–448, P–
17–449, P–17–450
Chemical names and CAS Numbers:
Chemical names
khammond on DSK30JT082PROD with PROPOSALS2
Halogenated
Halogenated
Halogenated
Halogenated
Halogenated
Halogenated
Halogenated
Halogenated
Halogenated
Halogenated
Halogenated
Halogenated
Halogenated
Halogenated
Halogenated
Halogenated
Halogenated
Halogenated
Halogenated
Halogenated
Halogenated
Halogenated
Halogenated
Halogenated
Halogenated
Halogenated
benzoic acid ethyl ester (P–17–405) .....................................................................................................................
benzoic acid ethyl ester (P–17–406) .....................................................................................................................
benzoic acid ethyl ester (P–17–407) .....................................................................................................................
benzoic acid ethyl ester (P–17–408) .....................................................................................................................
benzoic acid ethyl ester (P–17–409) .....................................................................................................................
benzoic acid ethyl ester (P–17–410) .....................................................................................................................
benzoic acid ethyl ester (P–17–411) .....................................................................................................................
benzoic acid ethyl ester (P–17–412) .....................................................................................................................
benzoic acid (P–17–414) .......................................................................................................................................
benzoic acid (P–17–415) .......................................................................................................................................
benzoic acid (P–17–416) .......................................................................................................................................
benzoic acid (P–17–417) .......................................................................................................................................
benzoic acid (P–17–418) .......................................................................................................................................
benzoic acid (P–17–420) .......................................................................................................................................
benzoic acid (P–17–421) .......................................................................................................................................
benzoic acid (P–17–422) .......................................................................................................................................
benzoic acid ethyl ester (P–17–423) .....................................................................................................................
sodium benzoate (P–17–441) ...............................................................................................................................
sodium benzoate (P–17–442) ...............................................................................................................................
sodium benzoate (P–17–444) ...............................................................................................................................
sodium benzoate (P–17–445) ...............................................................................................................................
sodium benzoate (P–17–446) ...............................................................................................................................
sodium benzoate (P–17–447) ...............................................................................................................................
sodium benzoate (P–17–448) ...............................................................................................................................
sodium benzoate (P–17–449) ...............................................................................................................................
benzoic acid (P–17–450) .......................................................................................................................................
Effective date of TSCA section 5(e)
Order: May 17, 2018.
Basis for TSCA section 5(e) Order:
The PMNs state that the use of the
substances is for oil and gas well
performance or monitoring well
performance. Based on test data for a
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structurally analogous chemical and
physical/chemical properties, EPA has
identified concerns for reproductive
toxicity, developmental toxicity, and
neurotoxicity (ataxia), lung effects, and
skin irritation. Based on SAR analysis
for analogous chemicals, predicts
PO 00000
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Not
Not
Not
Not
Not
Not
Not
Not
Not
Not
Not
Not
Not
Not
Not
Not
Not
Not
Not
Not
Not
Not
Not
Not
Not
available.
available.
available.
available.
available.
available.
available.
available.
available.
available.
available.
available.
available.
available.
available.
available.
available.
available.
available.
available.
available.
available.
available.
available.
available.
available.
toxicity to aquatic organisms may occur
at concentrations that exceed 8 ppb for
certain PMN substances and 460 ppb for
certain other PMN substances. 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 in the absence
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of sufficient information to permit a
reasoned evaluation, the substances may
present an unreasonable risk of injury to
health and environment. To protect
against these risks, the Order requires:
1. Refrain from using the PMN
substances other than for oil and gas
well performance or monitoring well
performance;
2. Submit to EPA certain toxicity
testing before exceeding the specified
confidential production volume limits
in the Order;
3. No manufacture of the PMN
substances beyond an annual
confidential production volume
specified in the Order;
4. Use of personal protective
equipment to prevent dermal exposure
where there is a potential for dermal
exposure;
5. Use of engineering controls as
specified in the Order;
6. Use of a NIOSH certified respirator
with an APF of 50 where there is a
potential for inhalation exposure or
compliance with a NCEL of 0.0184 mg/
m3 as an 8-hour time-weighted average
to prevent inhalation exposure for P–
17–414 to 418, P–17–420 to 422, and P–
17–450;
7. Establishment and use of a hazard
communication program, including
human health precautionary statements
on each label and in the SDS;
8. Limit the amount of the PMN
substances handled at processing and
use sites as specified in the Order;
9. Limit manufacturing and use to
liquid formulations for P–17–441 to 442
and P–17- 444 to 449;
10. No release of P–17–405 to 412 and
P–17–0423 resulting in surface water
concentrations that exceed 8 ppb; and
11. No release of P–17–414 to 418, P–
17–420–422, P–17–441 to 442 and P–
17–444 to 450 resulting in surface water
concentrations that exceed 460 ppb.
The proposed SNUR would designate
as a ‘‘significant new use’’ the absence
of these protective measures.
Potentially useful information: EPA
has determined that certain information
about the environmental and health
effects of the PMN substances may be
potentially useful to characterize the
effects of the PMN substances in
support of a request by the PMN
submitter to modify the Order, or if a
manufacturer or processor is
considering submitting a SNUN for a
significant new use that would be
designated by this proposed SNUR. The
submitter has agreed not to exceed the
specified production volume limits
without performing specific
reproductive/developmental toxicity
testing, pulmonary effect testing and
acute aquatic toxicity testing for certain
PMN substances. EPA has also
determined that the results of additional
reproductive/developmental and
pulmonary effects testing would help
characterize the potential health effects
of the PMN substance. The Order’s
restrictions remain in effect until the
Order is modified or revoked by EPA
based on submission of this or relevant
information.
CFR citation: 40 CFR 721.11215 (P–
17–405, P–17–406, P–17–407, P–17–
408, P–17–409, P–17–410, P–17–411, P–
17–412, P–17–423) and 40 CFR
721.11216 (P–17–414, P–17–415, P–17–
416, P–17–417, P–17–418, P–17–420, P–
17–421, P–17–422, P–17–441, P–17–
442, P–17–444, P–17–445, P–17–446, P–
17–447, P–17–448, P–17–449, P–17–
450).
PMN Numbers: P–17–424, P–17–425, P–
17–426, P–17–427, P–17–428, P–17–429,
P–17–430, P–17–431, P–17–432, P–17–
433, P–17–435, P–17–436, P–17–437, P–
17–438, P–17–439, and P–17–440
Chemical names and CAS Numbers:
Chemical name
khammond on DSK30JT082PROD with PROPOSALS2
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
VerDate Sep<11>2014
CAS No.
2-chloro-3-methyl-, sodium salt (1:1) (P–17–424) ................................................................................................
3-chloro-2-methyl-, sodium salt (1:1) (P–17–425) ................................................................................................
3-chloro-4-methyl-, sodium salt (1:1) (P–17–426) ................................................................................................
2-chloro-5-methyl-, sodium salt (1:1) (P–17–427) ................................................................................................
4-chloro-2-methyl-, sodium salt (1:1) (P–17–428) ................................................................................................
3-fluoro-2-methyl-, sodium salt (1:1) (P–17–429) .................................................................................................
3-fluoro-4-methyl-, sodium salt (1:1) (P–17–430) .................................................................................................
4-fluoro-2-methyl-, sodium salt (1:1) (P–17–431) .................................................................................................
2-fluoro-4-methyl-, sodium salt (1:1) (P–17–432) .................................................................................................
2-fluoro-3-methyl-, sodium salt (1:1) (P–17–433) .................................................................................................
2-fluoro-3-(trifluoromethyl)-, sodium salt (1:1) (P–17–435) ..................................................................................
2-fluoro-4-(trifluoromethyl)-, sodium salt (1:1) (P–17–436) ..................................................................................
2-fluoro-6-(trifluoromethyl)-, sodium salt (1:1) (P–17–437) ..................................................................................
3-fluoro-5-(trifluoromethyl)-, sodium salt (1:1) (P–17–438) ..................................................................................
4-fluoro-3-(trifluoromethyl)-, sodium salt (1:1) (P–17–439) ..................................................................................
4-fluoro-2-(trifluoromethyl)-, sodium salt (1:1) (P–17–440) ..................................................................................
Effective date of TSCA section 5(e)
Order: May 7, 2018.
Basis for TSCA section 5(e) Order:
The PMNs state the use of the
substances will be as tracer chemicals
used as a tracer in water solution, or in
a solid blend with polymer, or in a solid
proppant bead form to measure flow in
deep oil-bearing or gas-bearing strata.
Based on test data for an analogous
chemical, and physical/chemical
properties, EPA has identified toxicity
concerns for reproductive toxicity,
developmental toxicity, neurotoxicity
(ataxia), lung effects, and skin irritation.
Based on SAR analysis of test data, EPA
19:34 Nov 14, 2018
Jkt 247001
identified ecotoxicity hazards at
concentrations that exceed 300 ppb. 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 in the absence
of sufficient information to permit a
reasoned evaluation, the substance may
present an unreasonable risk of injury to
health and the environment. To protect
against these risks, the Order requires:
1. Refrain from manufacturing
(excluding import) the PMN substances
in the United States;
2. Refrain from using the PMN
substances other than as tracers in
aqueous solution, or in a solid blend
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57643
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1708942–16–8
1708942–17–9
1708942–15–7
118537–88–5
203261–42–1
1708942–24–8
1805805–74–6
1708942–23–7
1708942–19–1
1708942–18–0
1701446–41–4
1708942–20–4
1708942–21–5
1535169–59–5
1701446–39–0
1708942–22–6
with polymer, or in a solid proppant
bead form to measure flow in deep oilbearing or gas-bearing strata;
3. Limit the amount of the PMN
substances handled at processing and
use sites to no more than 50 kg/day/site
in aggregate for the solid formulations
that generate a dust;
4. Provide personal protective
equipment to its workers to mitigate
dermal exposure to the PMN substances
where there is potential for dermal
exposure;
5. Establishment and use of a hazard
communication program, including
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human health precautionary statements
on each label and in the SDS; and
6. No release of the PMN substances
resulting in surface water
concentrations that exceed 300 ppb;
The proposed SNUR would designate
as a ‘‘significant new use’’ the absence
of these protective measures.
Potentially useful information: EPA
has determined that certain information
about the health effects of the PMN
substances may be potentially useful to
characterize the effects of the PMN
substances in support of a request by the
PMN submitter to modify the Order, or
if a manufacturer or processor is
considering submitting a SNUN for a
significant new use that would be
designated by this proposed SNUR. EPA
has determined that the results of
pulmonary effects, reproductive/
developmental toxicity testing and acute
aquatic toxicity testing would help
characterize the potential health and
environmental effects of the PMN
substances. Although the Order does not
require this testing, the Order’s
restrictions remain in effect until the
Order is modified or revoked by EPA
based on submission of this or relevant
information.
CFR citation: 40 CFR 721.11217.
khammond on DSK30JT082PROD with PROPOSALS2
PMN Numbers: P–17–434 and P–17–443
Chemical name: Benzoic acid, 2,3,6trifluoro, sodium salt (1:1).
CAS Number: 1803845–07–9.
Effective date of TSCA section 5(e)
Orders: May 11, 2018.
Basis for TSCA section 5(e) Orders:
PMN P–17–434 states that the use of the
substance is as a tracer chemical (1)
used as a tracer in water solution, (2)
when in a solid blend with polymer, or
(3) in a solid proppant bead form, all to
measure flow in deep oil or gas bearing
strata. PMN P–17–443 states that the
generic (non-confidential) use of the
substance will be to monitor well
performance. Based on test data for a
structurally analogous chemical and
physical/chemical properties, EPA has
identified concerns for reproductive
toxicity, development toxicity, and
neurotoxicity (ataxia), lung effects, and
skin irritation. The Orders were issued
for under TSCA sections 5(a)(3)(B)(ii)(I)
and 5(e)(1)(A)(ii)(I), based on a finding
that in the absence of sufficient
information to permit a reasoned
evaluation, the substance may present
an unreasonable risk of injury to human
health. To protect against these risks,
the Orders require:
1. Submission of certain toxicity
testing before exceeding the confidential
production volume limit in the Order
for P–17–443;
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19:34 Nov 14, 2018
Jkt 247001
2. Manufacture the PMN substance
only as a liquid formulation with the
engineering controls specified in the
Order for P–17–443;
3. Refrain from using the PMN
substance other than as a tracer in
aqueous solution, a solid blend with
polymer, or a solid proppant bead form
to measure flow in deep oil-bearing or
gas-bearing strata (non-confidential uses
specified in the Order for P–17–434), or
for the confidential use specified in the
Order for P–17–443. The Order for P–
17–434 allows processing and use of
solid forms of the PMN substance but no
more than 50 kg/site/day for those forms
that generate a dust. Other
manufacturers and processors would
need to submit a SNUN to manufacture
or process solid forms of the PMN
substance.
4. Use of personal protective
equipment to mitigate dermal exposure
to the PMN substance where there is
potential for dermal exposure; and
5. Establishment and use of a hazard
communication program, including
human health precautionary statements
on each label and in the SDS.
The proposed SNUR would designate
as a ‘‘significant new use’’ the absence
of these protective measures.
Potentially useful information: EPA
has determined that certain information
about the health effects 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 would be
designated by this proposed SNUR. The
submitter for P–17–443 has agreed not
to exceed a certain aggregated
production volume limit without
performing specific pulmonary effects
testing. EPA has also determined that
the results of pulmonary effects and
reproductive/developmental toxicity
testing would help characterize the
potential health effects of the PMN
substance. Although the Order does not
require this testing, the Order’s
restrictions remain in effect until the
Order is modified or revoked by EPA
based on submission of this or relevant
information.
CFR citations: 40 CFR 721.11218.
PMN Number: P–18–3
Chemical name: Fatty acids, diesters
with dihydroxyalkane, fatty acids, esters
with dihydroxyalkane (generic).
CAS number: Not available.
Effective date of TSCA section 5(e)
Order: April 10, 2018.
Basis for TSCA section 5(e) Order:
The PMN states that the use of the
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substance will be as a lubricant for
metal working applications. Based on
SAR analysis of test data on analogous
esters, EPA has identified concerns for
sensitization and skin and eye irritation.
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
in the absence of sufficient information
to permit a reasoned evaluation, the
PMN substance may present an
unreasonable risk of injury to health and
the environment. To protect against
these risks, the Order requires:
1. Provide personal protective
equipment to its workers to prevent
dermal exposure where there is
potential for dermal exposure; and
2. Establishment and use of a hazard
communication program, including
human health precautionary statements
on each label and in the SDS.
The proposed SNUR would designate
as a ‘‘significant new use’’ the absence
of these protective measures.
Potentially useful information: EPA
has determined that certain information
about the health effects 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 would be
designated by this proposed SNUR. EPA
has also determined that the results of
specific sensitization testing would help
characterize the potential health effects
of the PMN substance. Although the
Order does not require this test, the
Order’s restrictions remain in effect
until the Order is modified or revoked
by EPA based on submission of this or
relevant information.
CFR citation: 40 CFR 721.11219.
PMN Number: P–18–22
Chemical Name: Substituted
carbomonocycle, polymer with halo
substituted heteromonocycle and
polyoxyalkylene polymer with
alkylenebis (isocyanatocarbomonocycle)
bis (carbomonocycledicarboxylate),
reaction products with alkylamines,
hydrolyzed (generic).
CAS Number: Not available.
Effective date of TSCA section 5(e)
Order: April 20, 2018.
Basis for TSCA section 5(e) Order:
The PMN states that the use of the
substance will be used as a primer
coating used for corrosion protection.
Based on the physical/chemical
properties of the PMN substance,
available PMN data, and comparing the
substance to structurally analogous
chemical substances, EPA identified
concerns for dermal and ocular
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irritation and sensitization for the low
molecular weight fraction of the PMN
substance. EPA also identified concerns
for ecotoxicity if the substance was
manufactured differently. The Order
was issued under TSCA sections
5(a)(3)(B)(ii)(I) and 5(e)(l)(A)(ii)(I) of
TSCA, based on a finding that in the
absence of sufficient information to
permit a reasoned evaluation, the
substance may present an unreasonable
risk of injury to human health and the
environment. To protect against these
risks, the Order requires:
1. Refraining from domestic
manufacture in the United States (i.e.,
import only);
2. Use of the PMN substance only for
primer coating for corrosion protection;
3. Import the PMN substance with an
average molecular weight greater than
1026 daltons and with low weight
fractions no more than 15.3% less than
500 daltons and 25% less than 1000
daltons;
4. Use of personal protective
equipment where there is a potential for
dermal exposure;
5. Use of a NIOSH-certified respirator
with an APF of at least 50 where there
is a potential for inhalation exposure;
and
6. Establishment and use of a hazard
communication program, including
human health precautionary statements
on each label and in the SDS.
The proposed SNUR would designate
as a ‘‘significant new use’’ the absence
of these protective measures.
Potentially useful information: EPA
has determined that certain information
about environmental effects and health
effects of the PMN substance may be
potentially useful 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
would be designated by this proposed
SNUR. EPA has also determined that the
results of skin sensitization, fate
property testing, and acute and chronic
aquatic toxicity testing would help
characterize the potential human and
environmental effects of the PMN
substance. Although the Order does not
require these tests, the Order’s
restrictions remain in effect until the
Order is modified or revoked by EPA
based on submission of this or other
relevant information.
CFR citation: 40 CFR 721.11220.
V. Rationale and Objectives of the
Proposed Rule
A. Rationale
During review of the PMNs submitted
for the chemical substances that are
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Jkt 247001
subject to these proposed SNURs, EPA
concluded that for all 66 chemical
substances regulation was warranted
under TSCA section 5(e), pending the
development of information sufficient to
make reasoned evaluations of the health
or environmental effects of the chemical
substances. The basis for such findings
is outlined in Unit IV. Based on these
findings, TSCA section 5(e) Orders
requiring the use of appropriate
exposure controls were negotiated with
the PMN submitters. The proposed
SNURs would 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 proposing 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 would 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 would 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 would 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 would 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.
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VI. Applicability of the Proposed
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 proposed 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 proposed 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 would be designated as
significant new uses. The identities of
42 of the 66 chemical substances subject
to this proposed rule have been claimed
as confidential and EPA has not
received any 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
proposed rule are ongoing.
Therefore, EPA designates November
15, 2018 as the cutoff date for
determining whether the new use is
ongoing. The objective of EPA’s
approach is to ensure that a person
cannot defeat a SNUR by initiating a
significant new use before the effective
date of the final rule. In developing this
proposed rule, EPA has recognized that,
given EPA’s general practice of posting
proposed rules on its website a week or
more in advance of Federal Register
publication, this objective could be
thwarted even before Federal Register
publication of the proposed rule.
Persons who begin commercial
manufacture or processing of the
chemical substances for a significant
new use identified as of that date would
have to cease any such activity upon the
effective date of the final rule. To
resume their activities, these persons
would have to first comply with all
applicable SNUR notification
requirements and wait until EPA has
conducted a review of the notice, made
an appropriate determination on the
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notice, and has taken such actions as are
required with that determination.
VII. 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 identified by EPA that
would help characterize the potential
health and/or environmental effects of
the PMN/SNUN substance for all of the
listed SNURs. EPA recognizes that the
2016 Lautenberg Amendments have led
to modifications in our approach to
testing requirements, including an
increased consideration of alternatives
to vertebrate testing. Descriptions of
tests/information needs are provided for
informational purposes only and EPA
strongly encourages persons, before
performing any testing, to consult with
the Agency pertaining to protocol
selection. 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 potentially
useful information. EPA encourages
dialogue 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 that
would be regulated under this proposed
rule, EPA has established production
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limits in view of the lack of data on the
potential health and environmental
risks that may be posed by the
significant new uses or increased
exposure to the chemical substances.
These limits cannot be exceeded unless
the PMN submitter first submits the
results of specified tests that would
permit a reasoned evaluation of the
potential risks posed by these chemical
substances. Listings of the tests
specified in the TSCA section 5(e)
Orders are included in Unit IV. The
proposed SNURs contain the same
production 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 nonexempt commercial manufacture or
processing 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.
Any request by EPA for the 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/
information request on the part of EPA
that includes testing on vertebrates was
made after consideration of available
toxicity information, computational
toxicology and bioinformatics, and highthroughput screening methods and their
prediction models.
The potentially useful information
listed in Unit IV. may not be the only
means of addressing the potential risks
of the chemical substance. EPA
recommends that potential SNUN
submitters contact EPA early enough so
that they will be able to conduct the
appropriate tests.
SNUN submitters should be aware
that EPA will be better able to evaluate
SNUNs which provide detailed
information on the following:
• Human exposure and
environmental release that may result
from the significant new use of the
chemical substances.
• Information on risks posed by the
chemical substances compared to risks
posed by potential substitutes.
VIII. 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
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§ 720.50. SNUNs must be submitted on
EPA Form No. 7710–25, generated using
e-PMN software, and submitted to the
Agency in accordance with the
procedures set forth in § 720.40 and
§ 721.25. E–PMN software is available
electronically at https://www.epa.gov/
reviewing-new-chemicals-under-toxicsubstances-control-act-tsca.
IX. Economic Analysis
EPA has evaluated the potential costs
of establishing SNUN requirements for
potential manufacturers and processors
of the chemical substances subject to
this proposed rule. EPA’s complete
economic analysis is available in the
docket under docket ID number EPA–
HQ–OPPT–2018–0650.
X. Statutory and Executive Order
Reviews
A. Executive Order 12866
This proposed rule would establish
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.
The information collection
requirements related to this proposed
rule have already been approved by
OMB pursuant to PRA under OMB
control number 2070–0012 (EPA ICR
No. 574). This action does not impose
any burden requiring additional OMB
approval. If an entity were to submit a
SNUN to the Agency, the annual burden
is estimated to average between 30 and
170 hours per response. This burden
estimate includes the time needed to
review instructions, search existing data
sources, gather and maintain the data
needed, and complete, review, and
submit the required SNUN.
Send any comments about the
accuracy of the burden estimate, and
any suggested methods for minimizing
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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)
Pursuant to section 605(b) of the
Regulatory Flexibility Act (RFA) (5
U.S.C. 601 et seq.), the Agency hereby
certifies that promulgation of this
proposed SNUR would not have a
significant adverse economic impact on
a substantial number of small entities.
The requirement to submit a SNUN
applies to any person (including small
or large entities) who intends to engage
in any activity described in the final
rule as a ‘‘significant new use.’’ Because
these uses are ‘‘new,’’ based on all
information currently available to EPA,
it appears that no small or large entities
presently engage in such activities. A
SNUR requires that any person who
intends to engage in such activity in the
future must first notify EPA by
submitting a SNUN. Although some
small entities may decide to pursue a
significant new use in the future, EPA
cannot presently determine how many,
if any, there may be. However, EPA’s
experience to date is that, in response to
the promulgation of SNURs covering
over 1,000 chemicals, the Agency
receives only a small number of notices
per year. For example, the number of
SNUNs received was seven in Federal
fiscal year (FY) 2013, 13 in FY2014, six
in FY2015, 10 in FY2016, and 14 in
FY2017, and only a fraction of these
were from small businesses. In addition,
the Agency currently offers relief to
qualifying small businesses by reducing
the SNUN submission fee from $16,000
to $2,800. This lower fee reduces the
total reporting and recordkeeping of cost
of submitting a SNUN to about $10,116
for qualifying small firms. Therefore, the
potential economic impacts of
complying with this proposed SNUR are
not expected to be significant or
adversely impact a substantial number
of small entities. In a SNUR that
published in the Federal Register of
June 2, 1997 (62 FR 29684) (FRL–5597–
1), the Agency presented its general
determination that final SNURs are not
expected to have a significant economic
impact on a substantial number of small
entities, which was provided to the
Chief Counsel for Advocacy of the Small
Business Administration.
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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 proposed rule would 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 proposed rule would not have a
substantial direct effect on States, on the
relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132, entitled
‘‘Federalism’’ (64 FR 43255, August 10,
1999).
F. Executive Order 13175
This proposed rule would not have
Tribal implications because it is not
expected to have substantial direct
effects on Indian Tribes. This proposed
rule would not significantly nor
uniquely affect the communities of
Indian Tribal governments, nor would 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 proposed rule 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 proposed rule 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 proposed rule is
not expected to affect energy supply,
distribution, or use and because this
proposed rule is not a significant
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57647
regulatory action under Executive Order
12866.
I. National Technology Transfer and
Advancement Act (NTTAA)
In addition, since this proposed rule
would 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 proposed rule 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).
List of Subjects in 40 CFR Part 721
Environmental protection, Chemicals,
Hazardous substances, Reporting and
recordkeeping requirements.
Dated: October 24, 2018.
Jeffery T. Morris,
Director, Office of Pollution Prevention and
Toxics.
Therefore, it is proposed that 40 CFR
chapter I be amended as follows:
PART 721—[AMENDED]
1. The authority citation for part 721
continues to read as follows:
■
Authority: 15 U.S.C. 2604, 2607, and
2625(c).
2. Amend Subpart E by adding
§ 721.11194 through § 721.11220 to read
as follows:
■
Subpart E—Significant New Uses for
Specific Chemical Substances
*
*
*
*
*
Sec.
§ 721.11194 Alkene reaction and
distillation by-products and residues
(generic).
§ 721.11195 Oxirane, 2-methyl-, polymer
with oxirane, monobutyl ether,
monoether with propylene oxide-2-[[3(triethoxysilyl)propoxy]methyl]oxirane
polymer.
§ 721.11196 Aliphatic acrylate (generic).
§ 721.11197 Flue dust, glass manufg.
Desulfurization. Definition: The dust
produced from the flue gas exhaust
cleaning of a glass manufacturing
process using carbonate containing
substances. It consists primarily of
Na2S04, Na2CO3, and Na4(SO4)(CO3).
§ 721.11198 Organo-titanate (generic).
§ 721.11199 Dialkyl 7,10-dioxa,
dithiahexadeca diene (generic).
§ 721.11200 Haloalkyl substituted
carbomonocycle (generic).
§ 721.11201 Amine- and hydroxyfunctional acrylic polymer, neutralized
(generic).
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§ 721.11202 Amine- and hydroxyfunctional acrylic polymer (generic).
§ 721.11203 Hydroxy acrylic polymer,
methanesulfonates (generic).
§ 721.11204 Alkyl perfluorinated acryloyl
ester (generic).
§ 721.11205 Poly(oxy-1,2-ethanediyl),
.alpha.-(2-methyl-2-propen-1-yl)-.omega.hydroxy-.
§ 721.11206 Alkylidene dicarbomonocycle,
polymer with halo-substituted
heteromonocycle and disubstituted alkyl
carbomonocycle alkenedioate
alkylalkenoate (generic).
§ 721.11207 Aluminum boron cobalt
lithium nickel oxide.
§ 721.11208 Aluminum boron cobalt
lithium magnesium nickel oxide.
§ 721.11209 Heteropolycyclic-alkanol
carbomonocycle-alkanesulfonate
(generic).
§ 721.11210 (Substituteddialkyl(C=1∼7)silyl)alkanenitrile
(generic).
§ 721.11211 Substituted heteromonocycle,
polymer with diisocyanato alkane and
alkanediol, substituted heteromonocycle
homopolymer ester with substituted
alkylacrylate; blocked (generic).
§ 721.11212 Glycolipids, sophorose-contg.,
candida bombicola-fermented, from C1618 and C18-unsatd. glycerides and Dglucose, hydrolyzed, sodium salts.
§ 721.11213 Glycolipids, sophorose-contg.,
candida bombicola-fermented, from C1618 and C18-unsatd. glycerides and Dglucose, hydrolyzed, potassium salts.
§ 721.11214 2-Propenoic acid, 2-methyl-, 2(2-butoxyethoxy)ethyl ester, polymer
with 1,3-butadiene and 2-propenenitrile.
§ 721.11215 Halogenated benzoic acid ethyl
ester (generic).
§ 721.11216 Halogenated benzoic acid
(generic).
§ 721.11217 Certain halogenated sodium
benzoate salts.
§ 721.11218 Benzoic acid, 2, 3, 6-trifluoro,
sodium salt (1:1).
§ 721.11219 Fatty acids, diesters with
dihydroxyalkane, fatty acids, esters with
dihydroxyalkane (generic).
§ 721.11220 Substituted carbomonocycle,
polymer with halo substituted
heteromonocycle and polyoxyalkylene
polymer with alkylenebis
(isocyanatocarbomonocycle) bis
(carbomonocycledicarboxylate), reaction
products with alkylamines, hydrolyzed,
(generic).
Subpart E—Significant New Uses for
Specific Chemical Substances
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*
*
*
*
*
§ 721.11194 Alkene reaction and
distillation by-products and residues
(generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as alkene reaction and
distillation by-products and residues
(P–15–106) is subject to reporting under
this section for the significant new uses
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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), (2)(i), (iii), (a)(3), (a)(4),
(a)(5)(respirators must provide a
National Institute for Occupational
Safety and Health (NIOSH) assigned
protection factor (APF) of at least 10),
(when determining which persons are
reasonable 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
exposures, where feasible), (a)(6)(v), (vi),
(b)(concentration set at 1.0%), and (c).
(A) As an alternative to the respirator
requirements in paragraph (a)(2)(i) of
this section, a manufacturer or processor
may choose to follow the new chemical
exposure limit (NCEL) provision listed
in the TSCA section 5(e) Order for this
substance. The NCEL is 2 mg/m3 as an
8-hour time weighted average. Persons
who wish to pursue NCELs as an
alternative to § 721.63 respirator
requirements may request to do so
under § 721.30. Persons whose § 721.30
requests to use the NCELs approach are
approved by EPA will be required to
follow NCELs provisions comparable to
those contained in the corresponding
TSCA section 5(e) Order.
(B) [Reserved].
(ii) Hazard communication.
Requirements as specified in § 721.72(a)
through (e) (concentration set at 1.0%),
(f), (g)(1)(i), (ii), (ix), (g)(2)(i), (ii), (iv),
(v), (use respiratory protection or
maintain workplace airborne
concentrations at or below an 8-hour
time-weighted average of 2 mg/m3),
(g)(3)(ii), (g)(4)(do not release to water at
concentrations that exceed 1 ppb), and
(g)(5). Alternative hazard and warning
statements that meet the criteria of the
Globally Harmonized System and OSHA
Hazard Communication Standard may
be used.
(iii) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80(q).
(iv) Release to water. Requirements as
specified in § 721.90(a)(4), (b)(4) and
(c)(4) where N = 1.
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph (b).
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (i), and (k) are
applicable to manufacturers, importers,
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)(iii) of this section.
§ 721.11195 Oxirane, 2-methyl-, polymer
with oxirane, monobutyl ether, monoether
with propylene oxide-2-[[3(triethoxysilyl)propoxy]methyl]oxirane
polymer.
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified as
oxirane, 2-methyl-, polymer with
oxirane, monobutyl ether, monoether
with propylene oxide-2-[[3(triethoxysilyl)propoxy]methyl]oxirane
polymer (P–15–726, CAS No. 1644400–
33–8) is subject to reporting under this
section for the significant new uses
described in paragraph (a)(2) of this
section. The requirements of this section
do not apply to quantities of the
substance after they have been reacted
(cured).
(2) The significant new uses are:
(i) Hazard communication.
Requirements as specified in § 721.72(a)
through (e) (concentration set at 1.0%),
(f), (g)(1)(ii), (2)(ii), and (g)(5).
Alternative hazard and warning
statements that meet the criteria of the
Globally Harmonized System and OSHA
Hazard Communication Standard may
be used.
(ii) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80. It is a significant
new use to manufacture, process, or use
the substance in any manner that
generates a vapor, dust, mist, or aerosol.
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph (b).
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (c) and (f) through
(i) are applicable to manufacturers,
importers, and processors of this
substance.
(2) Limitations or revocation of
certain notification requirements. The
provisions of § 721.185 apply to this
section.
§ 721.11196
Aliphatic acrylate (generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as aliphatic acrylate (P–16–
337) 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
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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
§ 721.63(a)(1), (2)(i), (iii), (iv), (a)(3),
(a)(4), (a)(5)(respirators must provide a
National Institute for Occupational
Safety and Health with assigned
protection factor of at least 50), (when
determining which persons are
reasonably likely to be exposed as
required for § 721.63(a)(1) and (4),
engineering control measures (e.g.,
enclosure or confinement of the
operation, general and local ventilation)
or administrative control measures (e.g.,
workplace policies and procedures)
shall be considered and implemented to
prevent exposure where feasible),
(a)(6)(v), (vi), (particulate),
(b)(concentration set at 0.1%) and (c).
(ii) Hazard communication.
Requirements as specified in § 721.72(a)
through (e)(concentration set at 0.1%),
(f), (g)(1)(i), (ii), (iv), (vii), (ix), (g)(2)(i),
(ii), (iii), (iv), (v), (g)(3)(i), (ii),
(g)(4)(release restrictions apply), and
(g)(5). Alternative hazard and warning
statements that meet the criteria of the
Globally Harmonized System and OSHA
Hazard Communication Standard may
be used.
(iii) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80(g).
(iv) Release to water. Requirements as
specified in § 721.90(a)(4), (b)(4), (c)(4)
where N = 1.
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph (b).
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (i) and (k).
(2) Limitations or revocation of
certain notification requirements. The
provisions of § 721.185 apply to this
section.
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§ 721.11197 Flue dust, glass manufg.
Desulfurization. Definition: The dust
produced from the flue gas exhaust
cleaning of a glass manufacturing process
using carbonate containing substances. It
consists primarily of Na2S04, Na2CO3, and
Na4(SO4)(CO3).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified as
flue dust, glass manufg. Desulfurization.
Definition: The dust produced from the
flue gas exhaust cleaning of a glass
manufacturing process using carbonate
containing substances. It consists
primarily of Na2S04, Na2CO3, and
Na4(SO4)(CO3) (P–16–421, CAS No.
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1916486–36–6) is subject to reporting
under this section for the significant
new uses described in paragraph (a)(2)
of this section. The requirements of this
section do not apply to quantities of the
substance after they have been
completely incorporated into a glass
product.
(2) The significant new uses are:
(i) Protection in the workplace.
Requirements as specified in
§ 721.63(a)(1), (3), (4), (5)(respirators
must provide a National Institute for
Occupational Safety and Health
assigned protection factor of at least 50
or when the PMN substance is in a
mixture at a concentration below 1.0
percent by weight, an APF of 10), (when
determining which persons are
reasonable 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 exposures, where feasible),
(a)(6)(v), (vi), (particulate), and (c).
(ii) Hazard communication.
Requirements as specified in § 721.72(a)
through (d), (f), (g)(1)(iii), (iv), (vi), (ix),
(cardiovascular effects), (g)(2)(i), (ii),
(iii), (iv), (v), and (g)(5). Alternative
hazard and warning statements that
meet the criteria of the Globally
Harmonized System and OSHA Hazard
Communication Standard may be used.
(iii) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80(h). It is a
significant new use to modify the
processes or uses described in the
premanufacture notice such that
occupational exposure is increased. It is
a significant new use to manufacture the
substance with an elemental
composition different from that
described in the PMN.
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph (b).
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (d) and (f) through
(i) are applicable to manufacturers,
importers, and processors of this
substance.
(2) Limitations or revocation of
certain notification requirements. The
provisions of § 721.185 apply to this
section.
§ 721.11198
Organo-titanate (generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as organo-titanate (P–16–
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57649
600) is subject to reporting under this
section for the significant new uses
described in paragraph (a)(2) of this
section.
(2) The significant new uses are:
(i) Protection in the workplace.
Requirements as specified in
§ 721.63(a)(1), (3), (when determining
which persons are reasonable 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
exposures, where feasible),
(a)(6)(particulate), (b)(concentration set
at 0.1%), and (c).
(ii) Hazard communication.
Requirements as specified in § 721.72(a)
through (e)(concentration set at 0.1%),
(f), (g)(1)(vii), (g)(2)(i), (v), (g)(3)(ii),
(g)(4)(iii), and (g)(5). Alternative hazard
and warning statements that meet the
criteria of the Globally Harmonized
System and OSHA Hazard
Communication Standard may be used.
(iii) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80(k). It is a
significant new use to process or use the
substance involving an application
method that generates 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, importers, 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.
§ 721.11199 Dialkyl 7,10-dioxa,
dithiahexadeca diene (generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance generically
identified as dialkyl 7,10-dioxa,
dithiahexadeca diene (P–17–7) is
subject to reporting under this section
for the significant new uses described in
paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Protection in the workplace.
Requirements as specified in
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§ 721.63(a)(1), (2)(i), (iii), (iv), (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)(3),
(a)(6)(v), (vi), (particulate),
(b)(concentration set at 0.1%), and (c).
(ii) Hazard communication.
Requirements as specified in § 721.72(a)
through (e)(concentration set at 0.1%),
(f), (g)(1)(iv), (vi), (vii), (ix), (skin
sensitization), (respiratory
sensitization), (g)(2)(i), (ii), (iii), (v),
(g)(3)(i), (ii), (g)(4)(i), (g)(5). Alternative
hazard warning statements that meet the
criteria of the Globally Harmonized
System and OSHA Hazard
Communication Standard may be used.
(iii) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80(g). It is a
significant new use to manufacture,
process, or use the substance involving
an application method that generates a
vapor, mist, dust, or aerosol.
(iv) Release to water. Requirements as
specified in § 721.90(a)(4), (b)(4), and
(c)(4) where N = 67.
(b) Specific requirements. The
provision 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.
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) and (c).
(ii) Hazard communication.
Requirements as specified in § 721.72(a)
through (d), (f), (g)(1)(ix), (irritation),
(sensitization), (liver toxicity),
(mutagenicity), (g)(2)(i), (ii), (iii), (iv),
(v), (g)(4)(i), (iii), and (g)(5). Alternative
hazard and warning statements that
meet the criteria of the Globally
Harmonized System and OSHA Hazard
Communication Standard may be used.
(iii) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80(f), (k), and (t). It is
a significant new use to use the
substance without the confidential
engineering controls specified in the
Order.
(iv) Disposal. Requirements as
specified in § 721.85(a)(1), (b)(1), and
(c)(1).
(v) 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 (k).
(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.
§ 721.11200 Haloalkyl substituted
carbomonocycle (generic).
§ 721.11201 Amine- and hydroxyfunctional acrylic polymer, neutralized
(generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as haloalkyl substituted
carbomonocycle (P–17–49) 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
§ 721.63(a)(1), (2)(i),(ii), (iii), (iv), (a)(3),
(a)(4), (a)(5)(respirators must provide a
National Institute for Occupational
Safety and Health with assigned
protection factor of at least 10), (when
determining which persons are
reasonably likely to be exposed as
required for § 721.63(a)(1) and (4),
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as amine- and hydroxyfunctional acrylic polymer, neutralized
(P–17–249), 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
completely entrained in dried coating.
(2) The significant new uses are:
(i) Hazard communication
Requirements as specified in § 721.72(a)
through (e)(concentration set at 1%), (f),
(g)(1)(ii), (g)(2)(ii), (g)(3)(ii), (g)(4)(i), (do
not release to water without pretreatment of water releases at an onsite
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waste water treatment plant with at least
96% efficiency), and (g)(5). Alternative
hazard and warning statements that
meet the criteria of the Globally
Harmonized System and OSHA Hazard
Communication Standard may be used.
(ii) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80(k). It is a
significant new use to use the substance
without the confidential engineering
controls specified in the Order. It is a
significant new use to manufacture or
use the substance with methods that
generate a dust, spray, mist, or aerosol.
(iii) Disposal requirements.
Requirements as specified in
§ 721.85(a)(1), (b)(1), and (c)(1).
(iv) Release to water. Requirements as
specified in § 721.90. It is a significant
new use to release to water without
pretreatment at an on-site wastewater
treatment plant with at least 96%
efficiency.
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph (b).
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (c) and (f) through
(k) are applicable to manufacturers,
importers, and processors of this
substance.
(2) Limitations or revocation of
certain notification requirements. The
provisions of § 721.185 apply to this
section.
(3) Determining whether a specific use
is subject to this section. The provisions
of § 721.1725(b)(1) apply to paragraph
(a)(2)(ii) of this section.
§ 721.11202 Amine- and hydroxyfunctional acrylic polymer (generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as amine- and hydroxyfunctional acrylic polymer (P–17–380),
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 completely entrained in
dried coating.
(2) The significant new uses are:
(i) Hazard communication
Requirements as specified in § 721.72(a)
through (e)(concentration set at 1%), (f),
(g)(1)(ii), (g)(2)(ii), (g)(3)(ii), (g)(4)(i), (do
not release to water without pretreatment of water releases at an onsite
waste water treatment plant with at least
96% efficiency), and (g)(5). Alternative
hazard and warning statements that
meet the criteria of the Globally
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Harmonized System and OSHA Hazard
Communication Standard may be used.
(ii) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80(k). It is a
significant new use to use the substance
without the confidential engineering
controls specified in the Order. It is a
significant new use to manufacture or
use the substance with methods that
generate a dust, spray, mist, or aerosol.
(iii) Disposal requirements.
Requirements as specified in
§ 721.85(a)(1), (b)(1), and (c)(1).
(iv) Release to water. Requirements as
specified in § 721.90. It is a significant
new use to release to water without
pretreatment at an on-site wastewater
treatment plant with at least 96%
efficiency.
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph (b).
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (c) and (f) through
(k) are applicable to manufacturers,
importers, and processors of this
substance.
(2) Limitations or revocation of
certain notification requirements. The
provisions of § 721.185 apply to this
section.
(3) Determining whether a specific use
is subject to this section. The provisions
of § 721.1725(b)(1) apply to paragraph
(a)(2)(ii) of this section.
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§ 721.11203 Hydroxy acrylic polymer,
methanesulfonates (generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as hydroxy acrylic polymer,
methanesulfonates (P–17–381), 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 completely entrained in
dried coating.
(2) The significant new uses are:
(i) Hazard communication
Requirements as specified in § 721.72(a)
through (e)(concentration set at 1%), (f),
(g)(1)(ii), (g)(2)(ii), (g)(3)(ii), (g)(4)(i), (do
not release to water without pretreatment of water releases at an onsite
waste water treatment plant with at least
96% efficiency), and (g)(5). Alternative
hazard and warning statements that
meet the criteria of the Globally
Harmonized System and OSHA Hazard
Communication Standard may be used.
(ii) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80(k). It is a
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significant new use to use the substance
without the confidential engineering
controls specified in the Order. It is a
significant new use to manufacture or
use the substance with methods that
generate a dust, spray, mist, or aerosol.
(iii) Disposal requirements.
Requirements as specified in
§ 721.85(a)(1), (b)(1), and (c)(1).
(iv) Release to water. Requirements as
specified in § 721.90. It is a significant
new use to release to water without
pretreatment at an on-site wastewater
treatment plant with at least 96%
efficiency.
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph (b).
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (c) and (f) through
(k) are applicable to manufacturers,
importers, and processors of this
substance.
(2) Limitations or revocation of
certain notification requirements. The
provisions of § 721.185 apply to this
section.
(3) Determining whether a specific use
is subject to this section. The provisions
of § 721.1725(b)(1) apply to paragraph
(a)(2)(ii) of this section.
§ 721.11204 Alkyl perfluorinated acryloyl
ester (generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as alkyl perfluorinated
acryloyl ester (P–17–270) 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 completely reacted
(cured).
(2) The significant new uses are:
(i) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80(f), (k), and (t).
(ii) [Reserved]
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph (b).
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (c) and (i) are
applicable to manufacturers, importers,
and processors of this substance.
(2) Limitations or revocation of
certain notification requirements. The
provisions of § 721.185 apply to this
section.
(3) Determining whether a specific use
is subject to this section. The provisions
of § 721.1725(b)(1) apply to paragraph
(a)(2)(i) of this section.
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§ 721.11205 Poly(oxy-1,2-ethanediyl),
.alpha.-(2-methyl-2-propen-1-yl)-.omega.hydroxy-.
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified as
poly(oxy-1,2-ethanediyl), .alpha.-(2methyl-2-propen-1-yl)-.omega.-hydroxy(P–17–271, CAS No. 31497–33–3) is
subject to reporting under this section
for the significant new uses described in
paragraph (a)(2) of this section. The
requirements of this section do not
apply to quantities of the substances
after they have been reacted (cured).
(2) The significant new uses are:
(i) Hazard communication.
Requirements as specified in § 721.72(a)
through (e)(concentration set at 1.0%),
(f), (g)(1)(ii), (g)(2)(ii), (iii), and (g)(5).
Alternative hazard and warning
statements that meet the criteria of the
Globally Harmonized System and OSHA
Hazard Communication Standard may
be used.
(ii) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80(f). It is a significant
new use to use the substance other than
as a polymer intermediate. It is a
significant new use to manufacture,
process or use the substance in a
manner that generates a vapor, mist, or
aerosol, or that results in inhalation
exposure.
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph (b).
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (c) and (f) through
(i).
(2) Limitations or revocation of
certain notification requirements. The
provisions of § 721.185 apply to this
section.
§ 721.11206 Alkylidene dicarbomonocycle,
polymer with halo-substituted
heteromonocycle and disubstituted alkyl
carbomonocycle alkenedioate
alkylalkenoate (generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as alkylidene
dicarbomonocycle, polymer with halosubstituted heteromonocycle and
disubstituted alkyl carbomonocycle
alkenedioate alkylalkenoate (P–17–304)
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
it has been reacted (cured).
(2) The significant new uses are:
(i) Protection in the workplace.
Requirements as specified
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§ 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), (a)(6)(v), (vi),
(particulate), (b)(concentration set at
1.0%) and (c).
(ii) Hazard communication.
Requirements as specified in § 721.72(a)
through (e)(concentration set at 1.0%),
(f), (g)(1)(ii),(skin sensitization), (g)(2)(i),
(ii), (v), and (g)(5). Alternative hazard
and warning statements that meet the
criteria of the Globally Harmonized
System and OSHA Hazard
Communication Standard may be used.
(iii) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80(f). It is a significant
new use to use the substance other than
as an intermediate for thermoset plastic
material. It is a significant new use to
manufacture (includes importing) the
substance to contain more than 0.1%
residual isocyanate by weight.
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph (b).
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (i).
(2) Limitations or revocation of
certain notification requirements. The
provisions of § 721.185 apply to this
section.
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§ 721.11207 Aluminum boron cobalt
lithium nickel oxide.
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified as
aluminum boron cobalt lithium nickel
oxide (P–17–337, CAS No. 207803–51–
8) is subject to reporting under this
section for the significant new uses
described in paragraph (a)(2) of this
section.
(2) The significant new uses are:
(i) Protection in the workplace.
Requirements as specified in
§ 721.63(a)(1), (2)(i), (ii), (a)(3)(i), (ii),
(a)(4), (a)(5), (respirators must provide a
National Institute for Occupational
Safety and Health assigned protection
factor of at least 1,000), (when
determining which persons are
reasonable 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
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policies and procedures) shall be
considered and implemented to prevent
exposures, where feasible),
(b)(concentration set at 0.1%), and (c).
(A) As an alternative to the respirator
requirements in paragraph (a)(2)(i) of
this section, a manufacturer or processor
may choose to follow the new chemical
exposure limit (NCEL) provision listed
in the TSCA section 5(e) Order for this
substance. The NCEL 0.000092 mg/m3
as an 8-hour time weighted average.
Persons who wish to pursue NCELs as
an alternative to § 721.63 respirator
requirements may request to do so
under § 721.30. Persons whose § 721.30
requests to use the NCELs approach are
approved by EPA will be required to
follow NCELs provisions comparable to
those contained in the corresponding
TSCA section 5(e) Order.
(B) [Reserved].
(ii) Hazard communication.
Requirements as specified in § 721.72(a)
through (e), (concentration set at 0.1%),
(f), (g)(1)(i), (vii), (damage to the lung,
kidney, and spleen), (g)(2)(i), (iii), (iv),
(use respiratory protection or maintain
workplace airborne concentrations at or
below an 8-hour time-weighted average
of 0.000092 mg/m3), (avoid breathing
substance in the dust form), and (g)(5).
Alternative hazard and warning
statements that meet the criteria of the
Globally Harmonized System and OSHA
Hazard Communication Standard may
be used.
(iii) Industrial, commercial, and
consumer activities. It is a significant
new use to manufacture the substance
beyond two years. It is a significant new
use to manufacture or process the
substance at any facility unless all
process air streams containing the
substances pass through control
technology such as a high-efficiency
particulate air filter with a rated
removal efficiency of at least 99.99%.
(iv) Disposal. Requirements as
specified in § 721.85(a)(2), (b)(2), and
(c)(2). It is a significant new use to
dispose of the substances by metal
reclamation unless the person
reclaiming metal containing the
substances complies with this section. It
is a significant new use to release the
substances to air unless the chemical
transfer and air ventilation processes
specified in the order are followed.
(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 (j) are applicable to
manufacturers, importers, and
processors of these substances.
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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)(iv) of this section.
§ 721.11208 Aluminum boron cobalt
lithium magnesium nickel oxide.
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified as
aluminum boron cobalt lithium
magnesium nickel oxide (P–17–338,
CAS No. 2087499–33–8) is subject to
reporting under this section for the
significant new uses described in
paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Protection in the workplace.
Requirements as specified in
§ 721.63(a)(1), (2)(i), (ii), (a)(3)(i), (ii),
(a)(4), (a)(5), (respirators must provide a
National Institute for Occupational
Safety and Health assigned protection
factor of at least 1,000), (when
determining which persons are
reasonable 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
exposures, where feasible),
(b)(concentration set at 0.1%), and (c).
(A) As an alternative to the respirator
requirements in paragraph (a)(2)(i) of
this section, a manufacturer or processor
may choose to follow the new chemical
exposure limit (NCEL) provision listed
in the TSCA section 5(e) Order for this
substance. The NCEL 0.000092 mg/m3
as an 8-hour time weighted average.
Persons who wish to pursue NCELs as
an alternative to § 721.63 respirator
requirements may request to do so
under § 721.30. Persons whose § 721.30
requests to use the NCELs approach are
approved by EPA will be required to
follow NCELs provisions comparable to
those contained in the corresponding
TSCA section 5(e) Order.
(B) [Reserved].
(ii) Hazard communication.
Requirements as specified in § 721.72(a)
through (e), (concentration set at 0.1%),
(f), (g)(1)(i), (vii), (damage to the lung,
kidney, and spleen), (g)(2)(i), (iii), (iv),
(use respiratory protection or maintain
workplace airborne concentrations at or
below an 8-hour time-weighted average
of 0.000092 mg/m3), (avoid breathing
substance in the dust form), and (g)(5).
Alternative hazard and warning
statements that meet the criteria of the
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Globally Harmonized System and OSHA
Hazard Communication Standard may
be used.
(iii) Industrial, commercial, and
consumer activities. It is a significant
new use to manufacture the substance
beyond two years. It is a significant new
use to manufacture or process the
substances at any facility unless all
process air streams containing the
substances pass through control
technology such as a high-efficiency
particulate air filter with a rated
removal efficiency of at least 99.99%.
(iv) Disposal. Requirements as
specified in § 721.85(a)(2), (b)(2), and
(c)(2). It is a significant new use to
dispose of the substances by metal
reclamation unless the person
reclaiming metal containing the
substances complies with this section. It
is a significant new use to release the
substances to air unless the chemical
transfer and air ventilation processes
specified in the order are followed.
(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 (j) are applicable to
manufacturers, importers, and
processors of these substances.
(2) Limitations or revocation of
certain notification requirements. The
provisions of § 721.185 apply to this
section.
(3) Determining whether a specific use
is subject to this section. The provisions
of § 721.1725(b)(1) apply to paragraph
(a)(2)(iv) of this section.
khammond on DSK30JT082PROD with PROPOSALS2
§ 721.11209 Heteropolycyclic-alkanol
carbomonocycle-alkanesulfonate (generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as heteropolycyclic-alkanol
carbomonocycle-alkanesulfonate (PMN
P–17–343) is subject to reporting under
this section for the significant new uses
described in paragraph (a)(2) of this
section.
(2) The significant new uses are:
(i) Protection in the workplace.
Requirements as specified in
§ 721.63(a)(1), (a)(2)(i), (iii), (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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57653
(a)(6)(particulate), (b)(concentration set
at 1.0%) and (c).
(ii) Hazard communication.
Requirements as specified in § 721.72(a)
through (e)(concentration set at 1.0%),
(f), (g)(1)(i), (vi), (ix), (eye irritation),
(systemic effects), (g)(2)(i), (ii), (iii), (v),
(g)(3)(i), (ii), and (g)(5). Alternative
hazard and warning statements that
meet the criteria of the Globally
Harmonized System and OSHA Hazard
Communication Standard may be used.
(iii) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80(k). It is a
significant new use to manufacture,
process or use the substance in a
manner that results in inhalation
exposure to a vapor, mist, dust or
aerosol.
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph (b).
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (i) are applicable to
manufacturers and processors of this
substance.
(2) Limitations or revocation of
certain notification requirements. The
provisions of § 721.185 apply to this
section.
(3) Determining whether a specific use
is subject to this section. The provisions
of § 721.1725 (b)(1) apply to paragraph
(a)(2)(iii) of this section.
(ii) Hazard communication.
Requirements as specified in § 721.72(a)
through (e)(concentration set at 1.0%),
(f), (g)(1)(ii), (iv), (vi), (ix), (skin and eye
irritation), (sensitization),
(mutagenicity), (g)(2)(i), (ii), (iii), (iv),
(v), (use eye protection), (g)(3)(i), (ii),
(g)(4)(i), (iii), and (g)(5). Alternative
hazard and warning statements that
meet the criteria of the Globally
Harmonized System and OSHA Hazard
Communication Standard may be used.
(iii) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80(k).
(iv) Disposal. Requirements as
specified in § 721.85(a)(1), (b)(1), and
(c)(1)(waste streams from use must be
disposed of only by incineration with
no less than 99.9% efficiency).
(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 (j) are applicable to
manufacturers and processors of this
substance.
(2) Limitations or revocation of
certain notification requirements. The
provisions of § 721.185 apply to this
section.
(3) Determining whether a specific use
is subject to this section. The provisions
of § 721.1725(b)(1) apply to paragraph
(a)(2)(iii) of this section.
§ 721.11210 (Substituteddialkyl(C=1∼7)silyl)alkanenitrile (generic).
§ 721.11211 Substituted heteromonocycle,
polymer with diisocyanato alkane and
alkanediol, substituted heteromonocycle
homopolymer ester with substituted
alkylacrylate; blocked (generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as (substituteddialkyl(C=1∼7)silyl) alkanenitrile (PMN
P–17–354) is subject to reporting under
this section for the significant new uses
described in paragraph (a)(2) of this
section.
(2) The significant new uses are:
(i) Protection in the workplace.
Requirements as specified in
§ 721.63(a)(1), (a)(2)(i), (iii), (a)(3), (a)(4),
(a)(5)(respirators must provide a
National Institute for Occupational
Safety and Health with assigned
protection factor of at least 50), (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)(6)(v), (vi), (particulate),
(b)(concentration set at 1.0%) and (c).
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(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as substituted
heteromonocycle, polymer with
diisocyanato alkane and alkanediol,
substituted heteromonocycle
homopolymer ester with substituted
alkylacrylate; blocked (P–17–361) 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 completely reacted
(cured).
(2) The significant new uses are:
(i) Protection in the workplace.
Requirements as specified in
§ 721.63(a)(1), (2)(i), (3), (4), (5),
(respirators must provide a National
Institute for Occupational Safety and
Health with assigned protection factor
(APF) of at least 50 or an APF of at least
1,000 if spray applied), (when
determining which persons are
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reasonable 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 exposures, where feasible),
(a)(6)(v), (vi), (particulate),
(b)(concentration set at 0.1%), and (c).
(ii) Hazard communication.
Requirements as specified in § 721.72(a)
through (e)(concentration set at 0.1%),
(f), (g)(1)(i), (vii), (ix), (sensitization),
(systemic effects), (g)(2)(i), (ii), (iii), (v),
and (g)(5). Alternative hazard and
warning statements that meet the
criteria of the Globally Harmonized
System and OSHA Hazard
Communication Standard may be used.
(iii) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80(f). It is a significant
new use to manufacture the substance
containing greater than 0.25% residual
isocyanate or an average molecular
weight less than 2,280 daltons. It is a
significant new use to use the substance
other than as a dual-cure adhesion
coating or barrier.
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph (b).
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (i) are applicable to
manufacturers, importers, and
processors of this substance.
(2) Limitations or revocation of
certain notification requirements. The
provisions of § 721.185 apply to this
section.
khammond on DSK30JT082PROD with PROPOSALS2
§ 721.11212 Glycolipids, sophorosecontg., candida bombicola-fermented, from
C16–18 and C18-unsatd. glycerides and Dglucose, hydrolyzed, sodium salts.
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified as
glycolipids, sophorose-contg., candida
bombicola-fermented, from C16–18 and
C18-unsatd. glycerides and D-glucose,
hydrolyzed, sodium salts (P–17–401,
CAS No. 2102535–74–8) is subject to
reporting under this section for the
significant new uses described in
paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Protection in the workplace.
Requirements as specified in
§ 721.63(a)(1), (a)(2)(i), (iii), (a)(3),
(when determining which persons are
reasonably likely to be exposed as
required for § 721.63 (a)(1), engineering
control measures (e.g., enclosure or
confinement of the operation, general
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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)(v), (vi),
(particulate), (b)(concentration set at
1.0%), and (c).
(ii) Hazard communication.
Requirements as specified in § 721.72
(a) through (e)(concentration set at
1.0%), (f), (g)(1)(i), (ii), (eye irritation),
(g)(2)(i), (ii), (iii), (v), and (g)(5).
Alternative hazard and warning
statements that meet the criteria of the
Globally Harmonized System and OSHA
Hazard Communication Standard may
be used.
(iii) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80(f). It is a significant
new use to manufacture, process, or use
the substance for consumer use or for
commercial uses that could introduce
the substance into a consumer setting. It
is a significant new use to manufacture,
process, or use the substance in any
manner that results in generation of a
vapor, dust, mist or aerosol.
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph (b).
(1) Recordkeeping. Recordkeeping
requirements as specified in § 721.125
(a) through (i) are applicable to
manufacturers and processors of this
substance.
(2) Limitations or revocation of
certain notification requirements. The
provisions of § 721.185 apply to this
section.
§ 721.11213 Glycolipids, sophorosecontg., candida bombicola-fermented, from
C16–18 and C18-unsatd. glycerides and Dglucose, hydrolyzed, potassium salts.
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified as
glycolipids, sophorose-contg., Candida
bombicola-fermented, from C16–18 and
C18-unsatd. glycerides and D-glucose,
hydrolyzed, sodium salts (P–17–402,
CAS No. 2102536–64–9) is subject to
reporting under this section for the
significant new uses described in
paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Protection in the workplace.
Requirements as specified in § 721.63
(a)(1), (2)(i), (iii), (a)(3), (when
determining which persons are
reasonably likely to be exposed as
required for § 721.63 (a)(1), engineering
control measures (e.g., enclosure or
confinement of the operation, general
and local ventilation) or administrative
control measures (e.g., workplace
policies and procedures) shall be
PO 00000
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considered and implemented to prevent
exposure, where feasible), (a)(6)(v), (vi),
(particulate), (b)(concentration set at
1.0%), and (c).
(ii) Hazard communication.
Requirements as specified in § 721.72(a)
through (e)(concentration set at 1.0%),
(f), (g)(1)(i), (ii), (eye irritation), (g)(2)(i),
(ii), (iii), (v), and (g)(5). Alternative
hazard and warning statements that
meet the criteria of the Globally
Harmonized System and OSHA Hazard
Communication Standard may be used.
(iii) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80(f). It is a significant
new use to manufacture, process, or use
the substance for consumer use or for
commercial uses that could introduce
the substance into a consumer setting. It
is a significant new use to manufacture,
process, or use the substance in any
manner that results in generation of a
vapor, dust, mist or aerosol.
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph (b).
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (i) are applicable to
manufacturers and processors of this
substance.
(2) Limitations or revocation of
certain notification requirements. The
provisions of § 721.185 apply to this
section.
§ 721.11214 2-Propenoic acid, 2-methyl-, 2(2-butoxyethoxy)ethyl ester, polymer with
1,3-butadiene and 2-propenenitrile.
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified as
2-propenoic acid, 2-methyl-, 2-(2butoxyethoxy)ethyl ester, polymer with
1,3-butadiene and 2-propenenitrile
(PMN P–17–404, CAS No. 2058302–39–
7) 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, process, or use
the substance in any manner that results
in the generation of spray, mist, aerosol,
or respirable particles.
(ii) [Reserved]
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph (b).
(1) Recordkeeping. Recordkeeping
requirements as specified in
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§ 721.125(a) through (c) and (i) are
applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of
certain notification requirements. The
provisions of § 721.185 apply to this
section.
§ 721.11215 Halogenated benzoic acid
ethyl ester (generic).
(a)(1) The chemical substances
identified generically in the table of this
section are subject to reporting under
this section for the significant new uses
described in paragraph (a)(2) of this
section.
TABLE—HALOGENATED BENZOIC ACID
ETHYL ESTERS
PMN No.
khammond on DSK30JT082PROD with PROPOSALS2
P–17–405
P–17–406
P–17–407
P–17–408
P–17–409
P–17–410
P–17–411
P–17–412
P–17–423
Halogenated
Halogenated
Halogenated
Halogenated
Halogenated
Halogenated
Halogenated
Halogenated
Halogenated
benzoic
benzoic
benzoic
benzoic
benzoic
benzoic
benzoic
benzoic
benzoic
acid
acid
acid
acid
acid
acid
acid
acid
acid
ethyl
ethyl
ethyl
ethyl
ethyl
ethyl
ethyl
ethyl
ethyl
ester.
ester.
ester.
ester.
ester.
ester.
ester.
ester.
ester.
(2) The significant new uses are:
(i) Protection in the workplace.
Requirements as specified in
§ 721.63(a)(1), (2)(i), (iv), (3), (4), (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)(v), (vi),
(particulate), (b)(concentration set at
1.0%) and (c).
(iii) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80(q) and (t). It is a
significant new use to use the
substances other than for oil and gas
well performance. It is a significant new
use to manufacture or process the
substances without the engineering
controls specified in the Order. It is a
significant new use to exceed the
kilograms per day limit specified in the
Order of the substances handled at
processing and use sites.
(iv) Release to water. Requirements as
specified in § 721.90(a)(4), (b)(4), and
(c)(4) where N = 8.
(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
VerDate Sep<11>2014
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§ 721.11216
(generic).
Halogenated benzoic acid
(a)(1) The chemical substances
identified generically in the table of this
section are subject to reporting under
this section for the significant new uses
described in paragraph (a)(2) of this
section.
TABLE—HALOGENATED BENZOIC ACIDS
Chemical name
...
...
...
...
...
...
...
...
...
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.
Jkt 247001
PMN No.
P–17–414
P–17–415
P–17–416
P–17–417
P–17–418
P–17–420
P–17–421
P–17–422
P–17–441
P–17–442
P–17–444
P–17–445
P–17–446
P–17–447
P–17–448
P–17–449
P–17–450
Chemical name
...
...
...
...
...
...
...
...
...
...
...
...
...
...
...
...
...
Halogenated
Halogenated
Halogenated
Halogenated
Halogenated
Halogenated
Halogenated
Halogenated
Halogenated
Halogenated
Halogenated
Halogenated
Halogenated
Halogenated
Halogenated
Halogenated
Halogenated
benzoic acid.
benzoic acid.
benzoic acid.
benzoic acid.
benzoic acid.
benzoic acid.
benzoic acid.
benzoic acid.
sodium benzoate.
sodium benzoate.
sodium benzoate.
sodium benzoate.
sodium benzoate.
sodium benzoate.
sodium benzoate.
sodium benzoate.
benzoic acid.
(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), (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 with assigned protection factor
of at least 50), (respirators are only
required for P17–414 to P17–418, P17–
420 to P17–422, and P17–450), (a)(6)(v),
(vi), (particulate), (b)(concentration set
at 1.0%) and (c).
(A) As an alternative to the respirator
requirements in paragraph (a)(2)(i) of
this section, a manufacturer or processor
may choose to follow the new chemical
exposure limit (NCEL) provision listed
in the TSCA section 5(e) Order for the
substances. The NCEL is 0.0184 mg/m3
as an 8-hour time weighted average.
Persons who wish to pursue NCELs as
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an alternative to § 721.63 respirator
requirements may request to do so
under § 721.30. Persons whose § 721.30
requests to use the NCELs approach are
approved by EPA will be required to
follow NCELs provisions comparable to
those contained in the corresponding
TSCA section 5(e) Order.
(B) [Reserved].
(ii) Hazard communication.
Requirements as specified in § 721.72
(a) through (e)(concentration set at
1.0%), (f), (g)(1)(i), (ii), (iii), (iv), (vi),
(ix), (g)(2)(i), (ii), (iii), (v), (iv)(use
respiratory protection or maintain
workplace airborne concentration at or
below an 8-hour time-weighted average
of 0.0184 mg/m3) (This statement only
required for P17–414 to P17–418, P17–
420 to P17–422, and P17–450), (g)(3)(i),
(ii), and (g)(5). Alternative hazard and
warning statements that meet the
criteria of the Globally Harmonized
System and OSHA Hazard
Communication Standard may be used.
(iii) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80(q) and (t). It is a
significant new use to use the
substances other than for monitoring
well performance. It is a significant new
use to manufacture or process the
substances without the engineering
controls specified in the Order. It is a
significant new use to exceed the
kilograms per day limit specified in the
Order of the substances handled at
processing and use sites. It is a
significant new use to use P17–441 to
442 and P17–444 to P17–449 other than
in a liquid formulation.
(iv) Release to water. Requirements as
specified in § 721.90(a)(4), (b)(4), and
(c)(4) where N = 460.
(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.
§ 721.11217 Certain halogenated sodium
benzoate salts.
(a)(1) The chemical substances listed
in the table of this section are subject to
reporting under this section for the
significant new uses described in
paragraph (a)(2) of this section.
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TABLE—HALOGENATED SODIUM BENZOATE SALTS
PMN No.
khammond on DSK30JT082PROD with PROPOSALS2
P–17–424
P–17–425
P–17–426
P–17–427
P–17–428
P–17–429
P–17–430
P–17–431
P–17–432
P–17–433
P–17–435
P–17–436
P–17–437
P–17–438
P–17–439
P–17–440
CAS No.
..........
..........
..........
..........
..........
..........
..........
..........
..........
..........
..........
..........
..........
..........
..........
..........
Chemical name
1708942–16–8
1708942–17–9
1708942–15–7
118537–88–5
203261–42–1
1708942–24–8
1805805–74–6
1708942–23–7
1708942–19–1
1708942–18–0
1701446–41–4
1708942–20–4
1708942–21–5
1535169–59–5
1701446–39–0
1708942–22–6
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
(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)(v), (vi),
(particulate), (b)(concentration set at
1.0%), and (c).
(ii) Hazard communication.
Requirements as specified in § 721.72(a)
through (e)(concentration set at 1.0%),
(f), (g)(1)(i), (iii), (iv), (vi), (ix), (g)(2)(i),
(ii), (iii), (v), (g)(3)(i), (ii), and (g)(5).
Alternative hazard and warning
statements that meet the criteria of the
Globally Harmonized System and OSHA
Hazard Communication Standard may
be used.
(iii) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80(f). It is a significant
new use to handle at a processing or use
site more than 50 kilograms per day per
site in aggregate of the PMN substances
for solid formulations that generate a
dust. It is a significant new use to use
the substances other than as tracers in
aqueous solution, in solid blends with
polymers, or in a solid proppant bead
forms to measure flow in deep oilbearing or gas-bearing strata.
(iv) Release to water. Requirements as
specified in § 721.90(a)(4), (b)(4), and
(c)(4) where N = 300.
(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
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2-chloro-3-methyl-, sodium salt (1:1).
3-chloro-2-methyl-, sodium salt (1:1).
3-chloro-4-methyl-, sodium salt (1:1).
2-chloro-5-methyl-, sodium salt (1:1).
4-chloro-2-methyl-, sodium salt (1:1).
3-fluoro-2-methyl-, sodium salt (1:1).
3- fluoro-4-methyl-, sodium salt (1:1).
4- fluoro-2-methyl-, sodium salt (1:1).
2- fluoro-4-methyl-, sodium salt (1:1).
2- fluoro-3-methyl-, sodium salt (1:1).
2- fluoro-3-(trifluoromethyl)-, sodium salt
2- fluoro-4-(trifluoromethyl)-, sodium salt
2- fluoro-6-(trifluoromethyl)-, sodium salt
3- fluoro-5-(trifluoromethyl)-, sodium salt
4- fluoro-3-(trifluoromethyl)-, sodium salt
4- fluoro-2-(trifluoromethyl)-, sodium salt
(1:1).
(1:1).
(1:1).
(1:1).
(1:1).
(1:1).
§ 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.
§ 721.11218 Benzoic acid, 2, 3, 6-trifluoro,
sodium salt (1:1).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
benzoic acid, 2, 3, 6-trifluoro, sodium
salt (1:1) (P–17–434 and P–17–443, CAS
No. 1803845–07–9) is subject to
reporting under this section for the
significant new uses described in
paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Protection in the workplace.
Requirements as specified in
§ 721.63(a)(1), (a)(2)(i), (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)(v), (vi),
(particulate), (b)(concentration set at
1.0%), and (c).
(ii) Hazard communication.
Requirements as specified in § 721.72(a)
through (e)(concentration set at 1.0%),
(f), (g)(1)(i), (iii), (iv), (vi), (ix), (g)(2)(i),
(ii), (iii), (v), and (g)(5). Alternative
hazard and warning statements that
meet the criteria of the Globally
Harmonized System 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 manufacture the
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substance other than in a liquid
formulation and without the
confidential engineering controls
specified in the Order for P–17–443. It
is a significant new use to use the
substance other than as a tracer in
aqueous solution, a solid blend with
polymer, or a solid proppant bead form
to measure flow in deep oil-bearing or
gas-bearing strata or for the confidential
use specified in the Order for P–17–443.
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph (b).
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (i) are applicable to
manufacturers and processors of this
substance.
(2) Limitations or revocation of
certain notification requirements. The
provisions of § 721.185 apply to this
section.
(3) Determining whether a specific use
is subject to this section. The provisions
of § 721.1725 (b)(1) apply to paragraph
(a)(2)(iii) of this section.
§ 721.11219 Fatty acids, diesters with
dihydroxyalkane, fatty acids, esters with
dihydroxyalkane (generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as fatty acids, diesters with
dihydroxyalkane, fatty acids, esters with
dihydroxyalkane (PMN P–18–3) is
subject to reporting under this section
for the significant new uses described in
paragraph (a)(2) of this section. The
requirements of this section do not
apply to quantities of the substance after
they have been reacted (cured).
(2) The significant new uses are:
(i) Protection in the workplace.
Requirements as specified in
§ 721.63(a)(1), (a)(2)(i), (iii), (iv), (a)(3),
(when determining which persons are
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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)(v), (vi),
(particulate), (b)(concentration set at
1.0%) and (c).
(ii) Hazard communication.
Requirements as specified in § 721.72
(a) through (e)(concentration set at
1.0%), (f), (g)(1), (skin and eye irritation
and sensitization), (g)(2)(i), (ii), (iii), (v),
and (g)(5). Alternative hazard and
warning statements that meet the
criteria of the Globally Harmonized
System and OSHA Hazard
Communication Standard may be used.
(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 (h) are applicable
to manufacturers and processors of this
substance.
(2) Limitations or revocation of
certain notification requirements. The
provisions of § 721.185 apply to this
section.
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§ 721.11220 Substituted carbomonocycle,
polymer with halo substituted
heteromonocycle and polyoxyalkylene
polymer with alkylenebis
(isocyanatocarbomonocycle) bis
(carbomonocycledicarboxylate), reaction
products with alkylamines, hydrolyzed,
(generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as substituted
carbomonocycle, polymer with halo
substituted heteromonocycle and
polyoxyalkylene polymer with
alkylenebis(isocyanatocarbomonocycle)
his (carbomonocycledicarboxylate),
reaction products with alkylamines,
hydrolyzed, (P–18–22) 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 completely reacted
(cured).
(2) The significant new uses are:
(i) Protection in the workplace.
Requirements as specified in
§ 721.63(a)(1), (a)(2)(i), (iii), (iv), (a)(3),
(a)(4), (a)(5)(respirators must provide a
National Institute for Occupational
Safety and Health with assigned
protection factor of at least 50), (when
determining which persons are
reasonable 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)
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57657
shall be considered and implemented to
prevent exposures, where feasible),
(a)(6)(particulate), and (c).
(ii) Hazard communication.
Requirements as specified in § 721.72(a)
through (d), (f), (g)(1)(ii), (irritation to
skin, eyes, lungs, and mucous
membranes), (g)(2)(i), (ii), (iii), (iv), (v),
(avoid eye contact), and (g)(5).
Alternative hazard and warning
statements that meet the criteria of the
Globally Harmonized System and OSHA
Hazard Communication Standard may
be used.
(iii) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80(f). It is a significant
new use to use the substance other than
as primer coating used for corrosion
protection. It is a significant new use to
import the substance with an average
molecular weight greater less than 1026
daltons, and with low weight fractions
greater than 15.3% less than 500 daltons
and 25% less than 1000 daltons.
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph (b).
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (i) are applicable to
manufacturers, importers, and
processors of this substance.
(2) Limitations or revocation of
certain notification requirements. The
provisions of § 721.185 apply to this
section.
[FR Doc. 2018–24380 Filed 11–14–18; 8:45 am]
BILLING CODE 6560–50–P
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Agencies
[Federal Register Volume 83, Number 221 (Thursday, November 15, 2018)]
[Proposed Rules]
[Pages 57634-57657]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-24380]
[[Page 57633]]
Vol. 83
Thursday,
No. 221
November 15, 2018
Part IV
Environmental Protection Agency
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40 CFR Part 721
Significant New Use Rules on Certain Chemical Substances; Proposed Rule
Federal Register / Vol. 83 , No. 221 / Thursday, November 15, 2018 /
Proposed Rules
[[Page 57634]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 721
[EPA-HQ-OPPT-2018-0650; FRL-9985-22]
RIN 2070-AB27
Significant New Use Rules on Certain Chemical Substances
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing significant new use rules (SNURs) under the
Toxic Substances Control Act (TSCA) for 66 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 would require persons who intend to manufacture
(defined by statute to include import) or process any of these 66
chemical substances for an activity that is proposed as a significant
new use 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: Comments must be received on or before December 31, 2018.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPPT-2018-0650, 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 proposed
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 final 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 proposed rule on or after
December 17, 2018 are subject to the export notification provisions of
TSCA section 12(b) (15 U.S.C. 2611(b)) (see Sec. 721.20), and must
comply with the export notification requirements in 40 CFR part 707,
subpart D.
B. What should I consider as I prepare my comments for EPA?
1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
2. Tips for preparing your comments. When preparing and submitting
your comments, see the commenting tips at https://www.epa.gov/dockets/comments.html.
II. Background
A. What action is the Agency taking?
EPA is proposing these SNURs under TSCA section 5(a)(2) for
chemical substances that were the subject of PMNs. These proposed SNURs
would require persons to notify EPA at least 90 days before commencing
the manufacture or processing of a chemical substance for any activity
proposed as a significant new use. Receipt of such notices would allow
EPA to assess risks that may be presented by the intended uses and, if
appropriate, to regulate the proposed use before it occurs. Additional
rationale and background to these proposed rules are more fully set out
in the preamble to EPA's first direct final SNUR published in the
Federal Register issue of April 24, 1990 (55 FR 17376). Consult that
preamble for further information on the objectives, rationale, and
procedures for SNURs and on the basis for significant new use
designations, including provisions for developing test data.
B. What is the Agency's authority for taking this action?
Section 5(a)(2) of TSCA (15 U.S.C. 2604(a)(2)) authorizes EPA to
determine that a use of a chemical substance is a ``significant new
use.'' EPA must make this determination by rule after considering all
relevant factors, including the four bulleted TSCA section 5(a)(2)
factors listed in Unit III. Once EPA determines that a use of a
chemical substance is a significant new use, TSCA section 5(a)(1)(B)
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
[[Page 57635]]
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, and exemptions to reporting requirements. Provisions
relating to user fees appear at 40 CFR part 700. According to Sec.
721.1(c), persons subject to 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. Proposed 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 preliminarily determine what would constitute a significant new
use for the 66 chemical substances that are the subject of these SNURs,
EPA considered relevant information about the toxicity of the chemical
substances and potential human exposures and environmental releases
that may be associated with the conditions of use of the substances, in
the context of the four bulleted TSCA section 5(a)(2) factors listed in
this unit.
IV. Substances Subject to This Proposed Rule
EPA is proposing significant new use and recordkeeping requirements
for 66 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 that would be designated by the SNUR.
This information may include testing required in a TSCA section 5(e)
Order to be conducted by the PMN submitter, as well as testing not
required to be conducted but which would also help characterize the
potential health and/or environmental effects of the PMN substance. Any
recommendation for information identified by EPA was made based on
EPA's consideration of available screening-level data, if any, as well
as other available information on appropriate testing for the chemical
substance. Further, any such testing identified by EPA that includes
testing on vertebrates was made after consideration of available
toxicity information, computational toxicology and bioinformatics, and
high-throughput screening methods and their prediction models. EPA also
recognizes that whether testing/further information is needed will
depend on the specific exposure and use scenario in the SNUN. EPA
encourages all SNUN submitters to contact EPA to discuss any potential
future testing. See Unit VII. for more information.
CFR citation assigned in the regulatory text section of
the proposed rule.
The regulatory text section of each proposed rule specifies the
activities that would be 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
proposed rule, may be claimed as CBI.
These proposed rules include 66 PMN substances that are subject to
Orders issued under TSCA section 5(e)(1)(A) or section 5(f)(3)(A). Each
Order is based on one or more of the findings in TSCA section
5(a)(3)(A) or section 5(a)(3)(B): There is insufficient information to
permit a reasoned evaluation; in the absence of sufficient information
to permit a reasoned evaluation, the activities associated with the PMN
substances may present unreasonable risk to health or the environment;
the substance is or will be produced in substantial quantities, and
enters or may reasonably be anticipated to enter the environment in
substantial quantities or there is or may be significant (substantial)
human exposure to the substance; presents an unreasonable risk of
injury to health or environment. Those Orders require protective
measures to limit exposures or otherwise mitigate the potential
unreasonable risk. The proposed SNURs would 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.
[[Page 57636]]
However, no comparable NCEL provisions currently exist in 40 CFR part
721, subpart B, for SNURs. Therefore, for these cases, the individual
SNURs in 40 CFR part 721, subpart E, will state that persons subject to
the SNUR who wish to pursue NCELs as an alternative to the Sec. 721.63
respirator requirements may request to do so under Sec. 721.30. EPA
expects that persons whose Sec. 721.30 requests to use the NCELs
approach for SNURs that are approved by EPA will be required to comply
with NCELs provisions that are comparable to those contained in the
corresponding TSCA section 5(e) Order for the same chemical substance.
PMN Number: P-15-106
Chemical Name: Alkene reaction and distillation by-products and
residues (generic).
CAS Number: Not available.
Effective date of TSCA section 5(e) Order: May 17, 2018.
Basis for TSCA section 5(e) Order: The PMN states that the generic
(non-confidential) use of the substance will be as a mining and fuel
additive. Based on test data for analogous chemicals, EPA identified
concerns for developmental toxicity, irritation to the eyes, mucous
membranes, and lungs, and dermal sensitization. EPA predicts toxicity
to aquatic organisms may occur at concentrations that exceed 1 part per
billion (ppb). The Order was issued under sections 5(a)(3)(B)(ii)(I)
and 5(e)(l)(A)(ii)(I) of TSCA, based on a finding that in the absence
of sufficient information to permit a reasoned evaluation, the
substance may present an unreasonable risk of injury to health and the
environment. The Order was also issued under TSCA sections
5(a)(3)(B)(ii)(II) and 5(e)(1)(A)(ii)(II), based on a finding that the
substance is or will be produced in substantial quantities and that the
substance either enters or may reasonably be anticipated to enter the
environment in substantial quantities, or there is or may be
significant (or substantial) human exposure to the substance. To
protect against these risks, the Order requires:
1. Submit to EPA certain toxicity testing before manufacturing the
confidential aggregate production volume 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 of Occupational Safety and Health
(NIOSH) certified respirator with an assigned protection factor (APF)
of 10 where there is a potential for inhalation exposure or compliance
with a NCEL of 2 mg/m\3\ as an 8-hour time-weighted average to prevent
inhalation exposure;
4. Release of the PMN substance to water without resulting in
surface water concentrations that exceed 1 ppb; and
5. Establishment and use of a hazard communication program,
including human health precautionary statements on each label and in
the Safety Data Sheet (SDS).
The proposed SNUR would designate as a ``significant new use'' the
absence of these protective measures.
Potentially useful information: EPA has determined that certain
information about the health and environmental effects 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 would be that would be designated
by this proposed SNUR. The submitter has agreed not to exceed a certain
production volume limit without performing specific developmental
toxicity testing. EPA has also determined that the results of acute
aquatic toxicity testing would help characterize the potential
environmental effects of the PMN substance. Although the Order does not
require these tests, the Order's restrictions remain in effect until
the Order is modified or revoked by EPA based on submission of this or
relevant information.
CFR citation: 40 CFR 721.11194.
PMN Number: P-15-726
Chemical name: Oxirane, 2-methyl-, polymer with oxirane, monobutyl
ether, monoether with propylene oxide-2-[[3-
(triethoxysilyl)propoxy]methyl]oxirane polymer.
CAS Number: 1644400-33-8.
Effective date of TSCA section 5(e) Order: March 7, 2018.
Basis for TSCA section 5(e) Order: The PMN states that the use of
the substance will be as a co-polymer for use in adhesives and sealant
formulations. Based on the reactivity of the triethoxysilyl group of
the PMN substance, EPA identified concerns for respiratory irritation.
The Order was issued under TSCA sections 5(a)(3)(B)(ii)(I) and
5(e)(l)(A)(ii)(I), based on a finding that in the absence of sufficient
information to permit a reasoned evaluation, the substance may present
an unreasonable risk of injury to health and the environment. To
protect against these risks, the Order requires:
1. No manufacturing, processing, or use of the PMN substance in any
manner that generates a vapor, dust, mist, or aerosol; and
2. Establishment and use of a hazard communication program,
including human health precautionary statements on each label and in
the SDS.
The proposed SNUR would designate as a ``significant new use'' the
absence of these protective measures.
Potentially useful information: EPA has determined that certain
information about the health effects 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 designated by this SNUR. EPA has also determined
that the results of specific target organ toxicity or pulmonary effects
testing would help characterize the potential health effects of the PMN
substance. Although the Order does not require this testing, the
Order's restrictions remain in effect until the Order is modified or
revoked by EPA based on submission of this or relevant information.
CFR citations: 40 CFR 721.11195.
PMN Number: P-16-337
Chemical name: Aliphatic acrylate (generic).
CAS Number: Not available.
Effective date of TSCA section 5(e) Order: April 17, 2018.
Basis for TSCA section 5(e) Order: The PMN states that the use of
the substance will be as a monomer. Based on analogy to acrylates, EPA
has identified concerns for mutagenicity, oncogenicity, developmental,
liver, and kidney toxicity, sensitization, irritation/corrosion, and
aquatic/terrestrial toxicity. The Order was issued under TSCA sections
5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I), based on a finding that in the
absence of sufficient information to permit a reasoned evaluation, the
substance may present an unreasonable risk of injury to health and the
environment. To protect against these risks, the Order requires:
1. Use of personal protective equipment to prevent dermal exposure
where there is potential for dermal exposure;
2. Use of a NIOSH-certified respirator with an APF of at least 50
where there is a potential for inhalation exposure;
3. No use of the PMN substance other than as a chemical
intermediate;
4. Establishment and use of a hazard communication program,
including human health precautionary statements on each label and in
the SDS; and
5. No release of the PMN substance resulting in surface water
concentrations that exceed 1 ppb.
[[Page 57637]]
The proposed SNUR would designate as a ``significant new use'' the
absence of these protective measures.
Potentially useful information: EPA has determined that certain
information about the health and environmental effects 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 would be designated by this
proposed SNUR. EPA has also determined that the results of specific
pulmonary effects and skin sensitization testing would help
characterize the potential health effects of the PMN substance and
results of chronic aquatic toxicity testing would help characterize the
potential environmental effects of the PMN substance. Although the
Order does not require these tests, the Order's restrictions remain in
effect until the Order is modified or revoked by EPA based on
submission of this or relevant information.
CFR citation: 40 CFR 721.11196.
PMN Number: P-16-421
Chemical name: Flue dust, glass manufg. Desulfurization.
Definition: The dust produced from the flue gas exhaust cleaning of a
glass manufacturing process using carbonate containing substances. It
consists primarily of Na2S04, Na2CO3, and Na4(SO4)(CO3).
CAS Number: 1916486-36-6.
Effective date of TSCA section 5(e) Order: April 19, 2018.
Basis for TSCA section 5(e) Order: The PMN states that the use of
the PMN substance will be as an additive to facilitate melting of sand
during manufacture of glass. EPA identified concerns for reproductive,
developmental, renal, neurological, hematological, gastrointestinal,
and cardiovascular effects, and cancer, based on the substance
containing toxic metal impurities. The Order was issued under sections
5(a)(3)(B)(ii)(I) and 5(e)(l)(A)(ii)(I) of TSCA, based on a finding
that in the absence of sufficient information to permit a reasoned
evaluation, the substance may present an unreasonable risk of injury to
human health. To protect against these risks, the Order requires:
1. Use of a NIOSH-certified respirator with an APF of at least 50
where there is a potential for inhalation exposure or when the PMN
substance is in a mixture at a concentration below 1.0 percent by
weight, an APF of 10;
2. Establishment and use of a hazard communication program,
including human health precautionary statements on each label and in
the SDS;
3. Not modifying the processes or uses described in the PMN such
that occupational exposure is increased;
4. Use of the PMN substance only as a site-limited intermediate;
5. Conducting and reporting to EPA an elemental analysis for the
composition of the PMN substance six months after filing the notice of
commencement and every six months, at each use site, for three years
thereafter; and
6. Conducting and reporting to EPA an elemental analysis each time
a change in the manufacturing process could result in the PMN substance
possessing a different elemental composition.
The proposed SNUR would designate as a ``significant new use'' the
absence of protective measures 1, 2, 3, 4, and manufacture of the
substance with an elemental composition different from that described
in the PMN.
Potentially useful information: EPA has determined that certain
information about the composition 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 would be designated by this
proposed SNUR. The submitter has agreed not to manufacture the PMN
substance more than 6 months without performing an elemental analysis
to characterize the elemental composition of the PMN substance.
CFR citation: 40 CFR 721.11197.
PMN Number: P-16-600
Chemical name: Organo-titanate (generic).
CAS number: Not available.
Effective date of TSCA section 5(e) Order: May 23, 2018.
Basis for TSCA section 5(e) Order: The PMN states that the generic
(non-confidential) use of the substance will be as an electrolyte.
Based on submitted test data and the pH of the PMN substance, EPA
identified concerns for mutagenicity, sensitization, irritation to
skin, eyes and mucous membranes, and oncogenicity. EPA predicts
toxicity to aquatic organisms may occur at concentrations that exceed
35 ppb based on analogy to phenols. The Order was issued under sections
5(a)(3)(B)(ii)(I) and 5(e)(l)(A)(ii)(I) of TSCA, based on a finding
that in the absence of sufficient information to permit a reasoned
evaluation, the substance may present an unreasonable risk of injury to
human health and the environment. To protect against these risks, the
Order requires:
1. Use of personal protective equipment to prevent dermal exposure
where there is a potential for dermal exposure;
2. Establishment and use of a hazard communication program,
including human health precautionary statements on each label and in
the SDS;
3. Manufacturing, processing, or use of the PMN substance only for
the confidential use specified in the Order;
4. No processing or use of the PMN substance in application methods
that generate a vapor, mist, or aerosol; and
5. No release of the PMN substance to surface waters.
The proposed SNUR would designate as a ``significant new use'' the
absence of these protective measures.
Potentially useful information. EPA has determined that certain
information about the health and environmental effects 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 would be designated by this
proposed SNUR. EPA has also determined that the results of specific
aquatic toxicity and carcinogenicity tests would help characterize the
potential environmental and health effects of the PMN substance.
Although the Order does not require these tests, the Order's
restrictions will remain in effect until the Order is modified or
revoked by EPA based on submission of this or other information.
CFR citation: 40 CFR 721.11198.
PMN Number: P-17-7
Chemical name: Dialkyl 7,10-dioxa, dithiahexadeca diene (generic).
CAS Number: Not available.
Effective date of TSCA section 5(e) Order: April 17, 2018.
Basis for TSCA section 5(e) Order: The PMN states that the use of
the substance will be as a chemical intermediate. Based on physical
chemical properties and that the epoxide may occur as an oxidation
product, EPA has concerns for skin and lung sensitization,
mutagenicity, oncogenicity, developmental toxicity, male reproductive
toxicity, liver toxicity, and kidney toxicity. Based on structure
activity relationship (SAR) analysis on analogous neutral organic
chemicals, EPA predicts toxicity to aquatic organisms may occur at
concentrations that exceed 67 ppb. 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 in the absence
[[Page 57638]]
of sufficient information to permit a reasoned evaluation, the
substance may present an unreasonable risk of injury to human health
and the environment. To protect against these risks, the Order
requires:
1. Use of personal protective equipment where there is a potential
for dermal exposure;
2. Refrain from manufacturing (including import) the PMN substance
for use other than as a chemical intermediate;
3. No manufacturing, processing or use of the substance that would
result in inhalation exposures by vapor, dust, mist, or aerosol;
4. No release of the PMN substance resulting in surface water
concentrations that exceed 67 ppb; and
5. Establishment and use of a hazard communication program,
including human health precautionary statements on each label and in
the SDS.
The proposed SNUR would designate as a ``significant new use'' the
absence of these protective measures.
Potentially useful information: EPA has determined that certain
information about environmental effects and health effects of the PMN
substance may be potentially useful 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 would be
designated by this proposed SNUR. EPA has determined that the results
of specific target organ toxicity, carcinogenicity, and acute aquatic
toxicity testing would help characterize the potential human and
environmental effects of the PMN substance. Although the Order does not
require these tests, the Order's restrictions remain in effect until
the Order is modified or revoked by EPA based on submission of this or
relevant information.
CFR citation: 40 CFR 721.11199.
PMN Number: P-17-49
Chemical name: Haloalkyl substituted carbomonocycle (generic).
CAS Number: Not available.
Effective date of TSCA section 5(e) Order: March 13, 2018.
Basis for TSCA section 5(e) Order: The PMN states that the generic
(non-confidential) use of the substance will be as a starting material
for synthesis. EPA has identified concerns for dermal and respiratory
sensitization, mutagenicity, oncogenicity, and developmental toxicity
based on the potential for the chemical substance to be an alkylating
agent. There are also concerns for possible effects on the liver and
the chemical substance is expected to be a strong irritant and
corrosive to all exposed tissues based on data on analogous chemicals.
EPA predicts that the substance will persist in the environment, could
bioaccumulate or biomagnify, and could be toxic (PBT). 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 in the absence of sufficient information to
permit a reasoned evaluation, the substance may present an unreasonable
risk of injury to health and the environment. To protect against these
risks, the Order requires:
1. Use of personal protective equipment to prevent dermal exposure
where there is potential for dermal exposure;
2. Use of a NIOSH certified respirator with an APF of at least 10
where there is potential for inhalation exposure;
3. Use of the confidential engineering controls specified in the
Order;
4. Establishment and use of a hazard communication program,
including human health precautionary statements on each label and in
the SDS;
5. Refraining from domestic manufacture in the United States (i.e.,
import only);
6. Use of the PMN substance only for the confidential use specified
in the Order;
7. No manufacture of the PMN substance beyond an annual production
volume specified in the Order;
8. Disposal of the PMN substance only by incineration; and
9. No release of the PMN substance to surface waters.
The proposed SNUR would designate as a ``significant new use'' the
absence of these protective measures.
Potentially useful information: EPA has determined that certain
information about the fate and health effects 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 would be designated by this proposed SNUR. EPA
has also determined that the results of specific reproductive/
developmental toxicity, genetic toxicity, and fate testing would help
characterize the potential human and environmental effects of the PMN
substance. Although the Order does not require these tests, the Order's
restrictions remain in effect until the Order is modified or revoked by
EPA based on submission of this or relevant information.
CFR citation: 40 CFR 721.11200.
PMN Numbers: P-17-249, P-17-380, and P-17-381
Chemical names: Amine- and hydroxy-functional acrylic polymer,
neutralized (P-17-249), amine- and hydroxy-functional acrylic polymer
(generic) (P-17-380), and hydroxy acrylic polymer, methanesulfonates
(generic) (P-17-381).
CAS Numbers: Not available.
Effective date of TSCA section 5(e) Order: March 6, 2018.
Basis for TSCA section 5(e) Order: The PMNs state that the generic
(non-confidential) use of the PMN substances will be open and non-
dispersive. Based on analysis of test data on analogous polycationic
polymers, EPA identified potential concerns for lung effects and
aquatic toxicity. The Order was issued under TSCA sections
5(a)(3)(B)(ii)(I) and 5(e)(l)(A)(ii)(I), based on a finding that in the
absence of sufficient information to permit a reasoned evaluation, the
substances may present an unreasonable risk of injury to human health
and the environment. The Order was also issued under TSCA sections
5(a)(3)(B)(ii)(II) and 5(e)(1)(A)(ii)(II), based on a finding that the
substances are or will be produced in substantial quantities and that
the substances either enters or may reasonably be anticipated to enter
the environment in substantial quantities, or there is or may be
significant (or substantial) human exposure to the substances. To
protect against these risks, the Order requires:
1. Use of the PMN substances only for the confidential uses
specified in the Order;
2. Use of the confidential engineering controls specified in the
Order;
3. No manufacturing or use of the PMN substances with methods that
generate a dust, spray, mist, or aerosol;
4. Establishment and use of a hazard communication program,
including human health precautionary statements on each label and in
the SDS; and
5. Disposal of the PMN substances only by incineration or with
onsite pre-treatment of water releases at an onsite waste water
treatment plant with at least 96% efficiency.
The proposed SNUR would designate as a ``significant new use'' the
absence of these protective measures.
Potentially useful information. EPA has determined that certain
information about the physical-chemical properties, health effects and
environmental effects of the PMN substances may be potentially useful
to characterize the potential effects of the PMN substances in support
of a request by the PMN submitter to modify the Order, or if a
manufacturer or processor is
[[Page 57639]]
considering submitting a SNUN for a significant new use that would be
designated by this proposed SNUR. EPA has also determined that the
results of specific particle size distribution, physical-chemical
property, acute and chronic pulmonary toxicity, and acute and chronic
aquatic toxicity testing would help characterize the potential human
and environmental effects of the PMN substances. Although the Order
does not require these tests, the Order's restrictions will remain in
effect until the Order is modified or revoked by EPA based on
submission of this or relevant information.
CFR citation: 40 CFR 721.11201 (P-17-249), 40 CFR 721.11202 (P-17-
380) and 40 CFR 721.11203 (P-17-381).
PMN Number: P-17-270
Chemical name: Alkyl perfluorinated acryloyl ester (generic).
CAS Number: Not available.
Effective date of TSCA section 5(e) Order: April 26, 2018.
Basis for TSCA section 5(e) Order: The PMN states that the generic
(non-confidential) use of the substance will be as a low refractive
index coating. Based analysis of test data on an analogue, EPA
identified concerns for liver toxicity, blood toxicity, and male
reproductive toxicity for the potential degradant product. EPA predicts
environmental toxicity from the effects of the potential degradation
products based on analogue test data. EPA predicts that the substance
will persist in the environment, could bioaccumulate or biomagnify, and
could be toxic (PBT). The Order was issued under sections
5(a)(3)(B)(ii)(I) and 5(e)(l)(A)(ii)(I) of TSCA, based on a finding
that in the absence of sufficient information to permit a reasoned
evaluation, the substance may present an unreasonable risk of injury to
health and the environment. To protect against these risks, the Order
requires:
1. Refraining from domestic manufacture in the United States (i.e.,
import only);
2. No manufacture of the PMN substance beyond a confidential
maximum annual manufacture (which includes import) volume; and
3. Use the PMN substance only for the confidential uses specified
in the Order. The proposed SNUR would designate as a ``significant new
use'' the absence of these protective measures.
Potentially useful information. EPA has determined that certain
information about the environmental fate of the PMN substance may be
potentially useful to characterize the potential 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 would be designated by this
proposed SNUR. EPA has also determined that the results of specific
characterization, fate, and bioaccumulation testing would help
characterize the potential health and environmental effects of the PMN
substance. Although the Order does not require these tests, the Order's
restrictions will remain in effect until the Order is modified or
revoked by EPA based on submission of this or relevant information.
CFR citations: 40 CFR 721.11204.
PMN Number: P-17-271
Chemical name: Poly(oxy-1,2-ethanediyl), .alpha.-(2-methyl-2-
propen-1-yl)-.omega.-hydroxy-.
CAS Number: 31497-33-3.
Effective date of TSCA section 5(e) Order: March 15, 2018.
Basis for TSCA section 5(e) Order: The PMN states that the use of
the substance will be as a polymer intermediate. Based on the
surfactant properties of the PMN substance, EPA has identified concerns
for lung toxicity. There are concerns for skin and lung sensitization,
mutagenicity, oncogenicity, developmental toxicity, male reproductive
toxicity, liver toxicity, and kidney toxicity based on the potential
epoxide oxidation product. The Order was issued under TSCA sections
5(a)(3)(B)(i) and 5(e)(1)(A)(i), based on a finding that the available
information is insufficient to permit a reasoned evaluation of the
human health effects of the PMN substance. To protect against these
risks, the Order requires:
1. Refrain from manufacturing, processing or using the PMN
substance in a manner that generates a vapor, mist, or aerosol, or that
results in inhalation exposure;
2. Refraining from domestic manufacture in the United States (i.e.,
import only);
3. No use of the PMN substance other than as a polymer
intermediate; and
4. Establishment and use of a hazard communication program,
including human health precautionary statements on each label and in
the SDS.
The proposed SNUR would designate as a ``significant new use'' the
absence of these protective measures.
Potentially useful information: EPA has determined that certain
information about the health effects 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 would be designated by this proposed SNUR. EPA
has also determined that the results of specific genetic toxicology,
reproductive/developmental toxicity and pulmonary effect testing would
help characterize the potential health effects of the PMN substance.
Although the Order does not require these tests, the Order's
restrictions remain in effect until the Order is modified or revoked by
EPA based on submission of this or relevant information.
CFR citation: 40 CFR 721.11205.
PMN Number: P-17-304
Chemical name: Alkylidene dicarbomonocycle, polymer with halo-
substituted heteromonocycle and disubstituted alkyl carbomonocycle
alkenedioate alkylalkenoate (generic).
CAS Number: Not available.
Effective date of TSCA section 5(e) Order: March 20, 2018.
Basis for TSCA section 5(e) Order: The PMN states that the use of
the substance will be as a chemical intermediate for thermoset plastic
material. Based on analogue data for low molecular weight moieties in
the polymer, EPA has identified concern for sensitization. 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 in the absence of sufficient information to
permit a reasoned evaluation, the substance may present an unreasonable
risk of injury to health and the environment. To protect against these
risks, the Order requires:
1. Refraining from domestic manufacture in the United States (i.e.,
import only);
2. Use of personal protective equipment to prevent dermal exposure
where there is potential for dermal exposure;
3. Establishment and use of a hazard communication program,
including human health precautionary statements on each label and in
the SDS;
4. Not manufacture (which under TSCA includes importing) the PMN
substance to contain no more than 0.1% residual isocyanate by weight;
and
5. No use of the PMN substance other than as a chemical
intermediate for thermoset plastic material.
The proposed SNUR would designate as a ``significant new use'' the
absence of these protective measures.
Potentially useful information: EPA has determined that certain
information about the health effects 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
[[Page 57640]]
if a manufacturer or processor is considering submitting a SNUN for a
significant new use that would be designated by this proposed SNUR. EPA
has also determined that the results of specific skin sensitization
testing would help characterize the potential health effects of the PMN
substance. Although the Order does not require these tests, the Order's
restrictions remain in effect until the Order is modified or revoked by
EPA based on submission of this or relevant information.
CFR citation: 40 CFR 721.11206.
PMN Numbers: P-17-337 and P-17-338
Chemical names: Aluminum boron cobalt lithium nickel oxide (P-17-
337) and Aluminum boron cobalt lithium magnesium nickel oxide (P-17-
338).
CAS Numbers: 207803-51-8 (P-17-337) and 2087499-33-8 (P-17-338).
Effective date of TSCA section 5(e) Order: March 5, 2018.
Basis for TSCA section 5(e) Order: The PMNs state that use of the
substances will be as cathode material for lithium ion batteries. Based
on analysis of test data on the PMN substances and analysis of test
data on analogous chemicals, EPA identified concerns for lung effects,
oncogenicity, systemic effects, dermal corrosion and irritation. The
Order was issued under sections 5(a)(3)(B)(ii)(I) and 5(e)(l)(A)(ii)(I)
of TSCA, based on a finding that in the absence of sufficient
information to permit a reasoned evaluation, the substances may present
an unreasonable risk of injury to health. The Order was also issued
under TSCA sections 5(a)(3)(B)(ii)(II) and 5(e)(1)(A)(ii)(II), based on
a finding that the PMN substance P-17-337 is or will be produced in
substantial quantities and that the substance either enters or may
reasonably be anticipated to enter the environment in substantial
quantities, or there is or may be significant (or substantial) human
exposure to the substance. To protect against these risks, the Order
requires:
1. Submit to EPA certain toxicity testing before exceeding the 24-
month and 6-year time limit specified in the Order;
2. Use of personal protective equipment where there is a potential
for dermal exposure;
3. Use of a NIOSH certified respirator with an APF of at least
1,000 where there is a potential for inhalation exposure;
4. As an alternative to using respirators maintain workplace
airborne concentrations of the PMN substances at or below a specified
NCEL of 0.000092 mg/m\3\, verified by actual exposure monitoring data;
5. Establishment and use of a hazard communication program,
including human health precautionary statements on each label and in
the SDS;
6. Manufacture and process the PMN substances only in a facility
where all process air streams containing the PMN substances pass
through control technology (such as a high-efficiency particulate air
(HEPA) filter) with a rated removal efficiency of at least 99.99%.
7. Dispose of the PMN substances and manufacture, processing, and
use waste streams containing the PMN substances by landfill or by metal
reclamation by a person who agrees to follow the terms of the Order.
The proposed SNUR would designate as a ``significant new use'' the
absence of these protective measures. Potentially useful information:
EPA has determined that certain information about the health effects 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 would be designated by
this proposed SNUR. The submitter has agreed not to exceed certain time
limits without performing specific target organ toxicity or
carcinogenic effects testing. The Order's restrictions remain in effect
until the Order is modified or revoked by EPA based on submission of
this or relevant information.
CFR citation: 40 CFR 721.11207 (P-17-337) and 40 CFR 721.11208 (P-
17-338).
PMN Number: P-17-343
Chemical name: Heteropolycyclic-alkanol carbomonocycle-
alkanesulfonate (generic).
CAS Number: Not available.
Effective date of TSCA section 5(e) Order: April 3, 2018.
Basis for TSCA section 5(e) Order: The PMN states that the generic
(non-confidential) use of the substance will be as a corrosion
inhibitor in aqueous systems. Based on test data on the PMN substance
and SAR analysis of analogue data, EPA has identified hazards for eye
irritation, developmental toxicity, systemic toxicity, and aquatic
toxicity. The Order was issued under TSCA sections 5(a)(3)(B)(ii)(I)
and 5(e)(1)(A)(ii)(I), based on a finding that in the absence of
sufficient information to permit a reasoned evaluation, the substance
may present an unreasonable risk of injury to health and the
environment. The Order was also issued under TSCA sections
5(a)(3)(B)(ii)(II) and 5(e)(1)(A)(ii)(II), based on a finding that the
substance is or will be produced in substantial quantities and that the
substance either enters or may reasonably be anticipated to enter the
environment in substantial quantities, or there is or may be
significant (or substantial) human exposure to the substance. To
protect against these risks, the Order requires:
1. Provide personal protective equipment to its workers to prevent
dermal exposure where there is potential for dermal exposure;
2. Establishment and use of a hazard communication program,
including human health precautionary statements on each label and in
the SDS;
3. Use of the PMN substance only for the confidential use specified
in the PMN; and
4. Refrain from manufacturing, processing, or using the PMN
substance in a manner that results in inhalation exposure to vapors,
dusts, mists or aerosols.
The proposed SNUR would designate as a ``significant new use'' the
absence of these protective measures.
Potentially useful information: EPA has determined that certain
information about the health and environmental effects 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 would be designated by this
proposed SNUR. EPA has also determined that the results of specific
reproductive/developmental toxicity and chronic aquatic toxicity
testing would help characterize the potential health effects of the PMN
substance. Although the Order does not require these tests, the Order's
restrictions remain in effect until the Order is modified or revoked by
EPA based on submission of this or relevant information.
CFR citation: 40 CFR 721.11209.
PMN Number: P-17-354
Chemical name: (Substituted-dialkyl(C=1~7)silyl)alkanenitrile
(generic).
CAS Number: Not available.
Effective date of TSCA section 5(e) Order: March 14, 2018.
Basis for TSCA section 5(e) Order: The PMN states that the generic
(non-confidential) use of the substance will be as a solvent in
electrolyte solution in batteries which will improve the performance of
the batteries in consumer electronics and automotive applications.
Based on test data on the PMN substance and SAR analysis of test data
on analogous substances, EPA
[[Page 57641]]
identified hazard for mutagenicity, eye and skin irritation,
sensitization, kidney toxicity, reproductive toxicity, developmental
toxicity, and aquatic toxicity. The Order was issued under TSCA
sections 5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I), based on a finding
that in the absence of sufficient information to permit a reasoned
evaluation, the substance may present an unreasonable risk of injury to
health and the environment. To protect against these risks, the Order
requires:
1. Provide personal protective equipment to its workers to prevent
dermal exposure where there is potential for dermal exposure;
2. Use of a NIOSH-certified respirator with an APF of at least 50
to prevent inhalation exposure where there is potential for inhalation
exposure;
3. Establishment and use of a hazard communication program,
including human health precautionary statements on each label and in
the SDS;
4. Use of the PMN substance only for the confidential use specified
in the Order; and
5. Dispose of the PMN substance only by incineration with an
efficiency not less than 99.9%.
The proposed SNUR would designate as a ``significant new use'' the
absence of these protective measures.
Potentially useful information: EPA has determined that certain
information about the health effects 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 would be designated by this proposed SNUR. EPA
has also determined that the results of specific reproductive toxicity
testing would help characterize the potential health effects of the PMN
substance. Although the Order does not require this test, the Order's
restrictions remain in effect until the Order is modified or revoked by
EPA based on submission of this or relevant information.
CFR citation: 40 CFR 721.11210.
PMN Number: P-17-361
Chemical name: Substituted heteromonocycle, polymer with
diisocyanato alkane and alkanediol, substituted heteromonocycle
homopolymer ester with substituted alkylacrylate; blocked (generic).
CAS Number: Not available.
Effective date of TSCA section 5(e) Order: April 26, 2018.
Basis for TSCA section 5(e) Order: The PMN states that the use of
the substance will be as a dual-cure adhesion coating or barrier. EPA
identified concerns for eye and skin irritation, and dermal and
respiratory sensitization based on the isocyanate moiety. EPA also
identified concerns for liver, kidney, and developmental toxicities,
oncogenicity, and mutagenicity based on the presence of acrylates. The
Order was issued under sections 5(a)(3)(B)(ii)(I) and 5(e)(l)(A)(ii)(I)
of TSCA, based on a finding that in the absence of sufficient
information to permit a reasoned evaluation, the substance may present
an unreasonable risk of injury to human health. To protect against
these risks, the Order requires:
1. Use of personal protective equipment to prevent dermal exposure
where there is a potential for dermal exposure;
2. Use of a NIOSH-certified respirator with an APF of 50 or an APF
of 1000 if spray applied where there is a potential for inhalation
exposure;
3. Establishment and use of a hazard communication program,
including human health precautionary statements on each label and in
the SDS;
4. Refraining from domestic manufacture in the United States (i.e.,
import only);
5. Not manufacturing (which under TSCA includes import) the PMN
substance with more than 0.25% residual isocyanate;
6. Manufacture (which under TSCA includes import) the PMN substance
to have a number average molecular weight of greater than or equal to
2,280 Daltons (weight percent); and
7. Use the PMN substance only as a dual-cure adhesion coating or
barrier.
The proposed SNUR would designate as a ``significant new use'' the
absence of these protective measures.
Potentially useful information: EPA has determined that certain
information about the health effects 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 would be designated by this proposed SNUR. EPA
has also determined that the results of skin sensitization testing
would help characterize the potential health effects of the PMN
substance. Although the Order does not require this testing, the
Order's restrictions remain in effect until the Order is modified or
revoked by EPA based on submission of this or relevant information.
CFR citation: 40 CFR 721.11211.
PMN Numbers: P-17-401 and P-17-402
Chemical names: Glycolipids, sophorose-contg., candida bombicola-
fermented, from C16-18 and C18-unsatd. glycerides and D-glucose,
hydrolyzed, sodium salts (P-17-401) and Glycolipids, sophorose-contg.,
candida bombicola-fermented, from C16-18 and C18-unsatd. glycerides and
D-glucose, hydrolyzed, potassium salts (P-17-402).
CAS Numbers: 2102535-74-8 (P-17-401) and 2102536-64-9 (P-17-402).
Effective date of TSCA section 5(e) Order: April 19, 2018.
Basis for TSCA section 5(e) Order: The PMNs state that the use of
the substances will be as a flow-back additive, surfactant for enhanced
oil recovery, and foaming agent for well deliquification. Based on
physical/chemical properties of the PMN substances, and analysis of
test data on the PMN substances, EPA has identified concern for
irritation to eyes, skin, mucous membranes and lungs. There is also
concern for lung effects if respirable particulates or droplets are
inhaled. 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 in the absence of sufficient
information to permit a reasoned evaluation, the substances may present
an unreasonable risk of injury to health and the environment. The Order
was also issued under TSCA sections 5(a)(3)(B)(ii)(II) and
5(e)(1)(A)(ii)(II), based on a finding that the substances are or will
be produced in substantial quantities and that the substances either
enter or may reasonably be anticipated to enter the environment in
substantial quantities, or there is or may be significant (or
substantial) human exposure to the substances. To protect against these
risks, the Order requires:
1. Use of personal protective equipment to prevent dermal exposure
where there is a potential for dermal exposure;
2. Establishment and use of a hazard communication program,
including human health precautionary statements on each label and in
the SDS;
3. Refrain from manufacturing (excluding import) of the PMN
substances in the United States;
4. Refrain from manufacturing (including import), processing, or
using the PMN substances in a manner that would generate vapors, mists,
aerosols or dusts; and
5. Refrain from manufacturing, processing, or using the PMN
substances for consumer use or for commercial uses that could introduce
the substance into a consumer setting.
[[Page 57642]]
The proposed SNUR would designate as a ``significant new use'' the
absence of these protective measures.
Potentially useful information: EPA has determined that certain
information about the physical-chemical properties, environmental
effects, and health effects of the PMN substances may be potentially
useful to characterize the effects of the PMN substances in support of
a request by the PMN submitter to modify the Order, or if a
manufacturer or processor is considering submitting a SNUN for a
significant new use that would be designated by this proposed SNUR. EPA
has also determined that the results of specific physical-chemical
property acute aquatic toxicity, and acute and chronic pulmonary
effects testing would help characterize the potential health effects of
the PMN substances. Although the Order does not require this testing,
the Order's restrictions remain in effect until the Order is modified
or revoked by EPA based on submission of this or relevant information.
CFR citations: 40 CFR 721.11212 (P-17-401) and 40 CFR 721.11213 (P-
17-402).
PMN Number: P-17-404
Chemical name: 2-Propenoic acid, 2-methyl-, 2-(2-butoxyethoxy)ethyl
ester, polymer with 1,3-butadiene and 2-propenenitrile.
CAS number: 2058302-39-7.
Effective date of TSCA section 5(e) Order: March 27, 2018.
Basis for TSCA section 5(e) Order: The PMN states that the generic
(non-confidential) use of the substance will be as an intermediate
completely used on site. Based on SAR analysis of test data on
analogous high molecular weight polymers, EPA has identified concerns
for lung effects. The Order was issued under TSCA sections
5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I), based on a finding that in the
absence of sufficient information to permit a reasoned evaluation, the
substance may present an unreasonable risk of injury to human health.
To protect against this risk, the Order requires: No manufacturing,
processing, or use of the PMN substance in any manner that generate a
spray, mist, aerosol, or respirable particles.
The proposed SNUR would designate 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 health effects
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 would be
designated by this proposed SNUR. EPA has also determined that the
results of particle size testing and acute and chronic pulmonary
effects testing would help characterize the potential health effects of
the PMN substance. Although the Order does not require these tests, the
Order's restrictions remain in effect until the Order is modified or
revoked by EPA based on submission of this or relevant information.
CFR citation: 40 CFR 721.11214.
PMN Numbers: P-17-405, P-17-406, P-17-407, P-17-408, P-17-409, P-17-
410, P-17-411, P-17-412, P-17-414, P-17-415, P-17-416, P-17-417, P-17-
418, P-17-420, P-17-421, P-17-422, P-17-423, P-17-441, P-17-442, P-17-
444, P-17-445, P-17-446, P-17-447, P-17-448, P-17-449, P-17-450
Chemical names and CAS Numbers:
------------------------------------------------------------------------
Chemical names CAS No.
------------------------------------------------------------------------
Halogenated benzoic acid ethyl ester (P-17- Not available.
405).
Halogenated benzoic acid ethyl ester (P-17- Not available.
406).
Halogenated benzoic acid ethyl ester (P-17- Not available.
407).
Halogenated benzoic acid ethyl ester (P-17- Not available.
408).
Halogenated benzoic acid ethyl ester (P-17- Not available.
409).
Halogenated benzoic acid ethyl ester (P-17- Not available.
410).
Halogenated benzoic acid ethyl ester (P-17- Not available.
411).
Halogenated benzoic acid ethyl ester (P-17- Not available.
412).
Halogenated benzoic acid (P-17-414)........ Not available.
Halogenated benzoic acid (P-17-415)........ Not available.
Halogenated benzoic acid (P-17-416)........ Not available.
Halogenated benzoic acid (P-17-417)........ Not available.
Halogenated benzoic acid (P-17-418)........ Not available.
Halogenated benzoic acid (P-17-420)........ Not available.
Halogenated benzoic acid (P-17-421)........ Not available.
Halogenated benzoic acid (P-17-422)........ Not available.
Halogenated benzoic acid ethyl ester (P-17- Not available.
423).
Halogenated sodium benzoate (P-17-441)..... Not available.
Halogenated sodium benzoate (P-17-442)..... Not available.
Halogenated sodium benzoate (P-17-444)..... Not available.
Halogenated sodium benzoate (P-17-445)..... Not available.
Halogenated sodium benzoate (P-17-446)..... Not available.
Halogenated sodium benzoate (P-17-447)..... Not available.
Halogenated sodium benzoate (P-17-448)..... Not available.
Halogenated sodium benzoate (P-17-449)..... Not available.
Halogenated benzoic acid (P-17-450)........ Not available.
------------------------------------------------------------------------
Effective date of TSCA section 5(e) Order: May 17, 2018.
Basis for TSCA section 5(e) Order: The PMNs state that the use of
the substances is for oil and gas well performance or monitoring well
performance. Based on test data for a structurally analogous chemical
and physical/chemical properties, EPA has identified concerns for
reproductive toxicity, developmental toxicity, and neurotoxicity
(ataxia), lung effects, and skin irritation. Based on SAR analysis for
analogous chemicals, predicts toxicity to aquatic organisms may occur
at concentrations that exceed 8 ppb for certain PMN substances and 460
ppb for certain other PMN substances. 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 in the absence
[[Page 57643]]
of sufficient information to permit a reasoned evaluation, the
substances may present an unreasonable risk of injury to health and
environment. To protect against these risks, the Order requires:
1. Refrain from using the PMN substances other than for oil and gas
well performance or monitoring well performance;
2. Submit to EPA certain toxicity testing before exceeding the
specified confidential production volume limits in the Order;
3. No manufacture of the PMN substances beyond an annual
confidential production volume specified in the Order;
4. Use of personal protective equipment to prevent dermal exposure
where there is a potential for dermal exposure;
5. Use of engineering controls as specified in the Order;
6. Use of a NIOSH certified respirator with an APF of 50 where
there is a potential for inhalation exposure or compliance with a NCEL
of 0.0184 mg/m\3\ as an 8-hour time-weighted average to prevent
inhalation exposure for P-17-414 to 418, P-17-420 to 422, and P-17-450;
7. Establishment and use of a hazard communication program,
including human health precautionary statements on each label and in
the SDS;
8. Limit the amount of the PMN substances handled at processing and
use sites as specified in the Order;
9. Limit manufacturing and use to liquid formulations for P-17-441
to 442 and P-17- 444 to 449;
10. No release of P-17-405 to 412 and P-17-0423 resulting in
surface water concentrations that exceed 8 ppb; and
11. No release of P-17-414 to 418, P-17-420-422, P-17-441 to 442
and P-17-444 to 450 resulting in surface water concentrations that
exceed 460 ppb.
The proposed SNUR would designate as a ``significant new use'' the
absence of these protective measures.
Potentially useful information: EPA has determined that certain
information about the environmental and health effects of the PMN
substances may be potentially useful to characterize the effects of the
PMN substances in support of a request by the PMN submitter to modify
the Order, or if a manufacturer or processor is considering submitting
a SNUN for a significant new use that would be designated by this
proposed SNUR. The submitter has agreed not to exceed the specified
production volume limits without performing specific reproductive/
developmental toxicity testing, pulmonary effect testing and acute
aquatic toxicity testing for certain PMN substances. EPA has also
determined that the results of additional reproductive/developmental
and pulmonary effects testing would help characterize the potential
health effects of the PMN substance. The Order's restrictions remain in
effect until the Order is modified or revoked by EPA based on
submission of this or relevant information.
CFR citation: 40 CFR 721.11215 (P-17-405, P-17-406, P-17-407, P-17-
408, P-17-409, P-17-410, P-17-411, P-17-412, P-17-423) and 40 CFR
721.11216 (P-17-414, P-17-415, P-17-416, P-17-417, P-17-418, P-17-420,
P-17-421, P-17-422, P-17-441, P-17-442, P-17-444, P-17-445, P-17-446,
P-17-447, P-17-448, P-17-449, P-17-450).
PMN Numbers: P-17-424, P-17-425, P-17-426, P-17-427, P-17-428, P-17-
429, P-17-430, P-17-431, P-17-432, P-17-433, P-17-435, P-17-436, P-17-
437, P-17-438, P-17-439, and P-17-440
Chemical names and CAS Numbers:
------------------------------------------------------------------------
Chemical name CAS No.
------------------------------------------------------------------------
Benzoic acid, 2-chloro-3-methyl-, sodium salt (1:1) 1708942-16-8
(P-17-424).........................................
Benzoic acid, 3-chloro-2-methyl-, sodium salt (1:1) 1708942-17-9
(P-17-425).........................................
Benzoic acid, 3-chloro-4-methyl-, sodium salt (1:1) 1708942-15-7
(P-17-426).........................................
Benzoic acid, 2-chloro-5-methyl-, sodium salt (1:1) 118537-88-5
(P-17-427).........................................
Benzoic acid, 4-chloro-2-methyl-, sodium salt (1:1) 203261-42-1
(P-17-428).........................................
Benzoic acid, 3-fluoro-2-methyl-, sodium salt (1:1) 1708942-24-8
(P-17-429).........................................
Benzoic acid, 3-fluoro-4-methyl-, sodium salt (1:1) 1805805-74-6
(P-17-430).........................................
Benzoic acid, 4-fluoro-2-methyl-, sodium salt (1:1) 1708942-23-7
(P-17-431).........................................
Benzoic acid, 2-fluoro-4-methyl-, sodium salt (1:1) 1708942-19-1
(P-17-432).........................................
Benzoic acid, 2-fluoro-3-methyl-, sodium salt (1:1) 1708942-18-0
(P-17-433).........................................
Benzoic acid, 2-fluoro-3-(trifluoromethyl)-, sodium 1701446-41-4
salt (1:1) (P-17-435)..............................
Benzoic acid, 2-fluoro-4-(trifluoromethyl)-, sodium 1708942-20-4
salt (1:1) (P-17-436)..............................
Benzoic acid, 2-fluoro-6-(trifluoromethyl)-, sodium 1708942-21-5
salt (1:1) (P-17-437)..............................
Benzoic acid, 3-fluoro-5-(trifluoromethyl)-, sodium 1535169-59-5
salt (1:1) (P-17-438)..............................
Benzoic acid, 4-fluoro-3-(trifluoromethyl)-, sodium 1701446-39-0
salt (1:1) (P-17-439)..............................
Benzoic acid, 4-fluoro-2-(trifluoromethyl)-, sodium 1708942-22-6
salt (1:1) (P-17-440)..............................
------------------------------------------------------------------------
Effective date of TSCA section 5(e) Order: May 7, 2018.
Basis for TSCA section 5(e) Order: The PMNs state the use of the
substances will be as tracer chemicals used as a tracer in water
solution, or in a solid blend with polymer, or in a solid proppant bead
form to measure flow in deep oil-bearing or gas-bearing strata. Based
on test data for an analogous chemical, and physical/chemical
properties, EPA has identified toxicity concerns for reproductive
toxicity, developmental toxicity, neurotoxicity (ataxia), lung effects,
and skin irritation. Based on SAR analysis of test data, EPA identified
ecotoxicity hazards at concentrations that exceed 300 ppb. 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 in the absence of sufficient information to
permit a reasoned evaluation, the substance may present an unreasonable
risk of injury to health and the environment. To protect against these
risks, the Order requires:
1. Refrain from manufacturing (excluding import) the PMN substances
in the United States;
2. Refrain from using the PMN substances other than as tracers in
aqueous solution, or in a solid blend with polymer, or in a solid
proppant bead form to measure flow in deep oil-bearing or gas-bearing
strata;
3. Limit the amount of the PMN substances handled at processing and
use sites to no more than 50 kg/day/site in aggregate for the solid
formulations that generate a dust;
4. Provide personal protective equipment to its workers to mitigate
dermal exposure to the PMN substances where there is potential for
dermal exposure;
5. Establishment and use of a hazard communication program,
including
[[Page 57644]]
human health precautionary statements on each label and in the SDS; and
6. No release of the PMN substances resulting in surface water
concentrations that exceed 300 ppb;
The proposed SNUR would designate as a ``significant new use'' the
absence of these protective measures.
Potentially useful information: EPA has determined that certain
information about the health effects of the PMN substances may be
potentially useful to characterize the effects of the PMN substances in
support of a request by the PMN submitter to modify the Order, or if a
manufacturer or processor is considering submitting a SNUN for a
significant new use that would be designated by this proposed SNUR. EPA
has determined that the results of pulmonary effects, reproductive/
developmental toxicity testing and acute aquatic toxicity testing would
help characterize the potential health and environmental effects of the
PMN substances. Although the Order does not require this testing, the
Order's restrictions remain in effect until the Order is modified or
revoked by EPA based on submission of this or relevant information.
CFR citation: 40 CFR 721.11217.
PMN Numbers: P-17-434 and P-17-443
Chemical name: Benzoic acid, 2,3,6-trifluoro, sodium salt (1:1).
CAS Number: 1803845-07-9.
Effective date of TSCA section 5(e) Orders: May 11, 2018.
Basis for TSCA section 5(e) Orders: PMN P-17-434 states that the
use of the substance is as a tracer chemical (1) used as a tracer in
water solution, (2) when in a solid blend with polymer, or (3) in a
solid proppant bead form, all to measure flow in deep oil or gas
bearing strata. PMN P-17-443 states that the generic (non-confidential)
use of the substance will be to monitor well performance. Based on test
data for a structurally analogous chemical and physical/chemical
properties, EPA has identified concerns for reproductive toxicity,
development toxicity, and neurotoxicity (ataxia), lung effects, and
skin irritation. The Orders were issued for under TSCA sections
5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I), based on a finding that in the
absence of sufficient information to permit a reasoned evaluation, the
substance may present an unreasonable risk of injury to human health.
To protect against these risks, the Orders require:
1. Submission of certain toxicity testing before exceeding the
confidential production volume limit in the Order for P-17-443;
2. Manufacture the PMN substance only as a liquid formulation with
the engineering controls specified in the Order for P-17-443;
3. Refrain from using the PMN substance other than as a tracer in
aqueous solution, a solid blend with polymer, or a solid proppant bead
form to measure flow in deep oil-bearing or gas-bearing strata (non-
confidential uses specified in the Order for P-17-434), or for the
confidential use specified in the Order for P-17-443. The Order for P-
17-434 allows processing and use of solid forms of the PMN substance
but no more than 50 kg/site/day for those forms that generate a dust.
Other manufacturers and processors would need to submit a SNUN to
manufacture or process solid forms of the PMN substance.
4. Use of personal protective equipment to mitigate dermal exposure
to the PMN substance where there is potential for dermal exposure; and
5. Establishment and use of a hazard communication program,
including human health precautionary statements on each label and in
the SDS.
The proposed SNUR would designate as a ``significant new use'' the
absence of these protective measures.
Potentially useful information: EPA has determined that certain
information about the health effects 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 would be designated by this proposed SNUR. The
submitter for P-17-443 has agreed not to exceed a certain aggregated
production volume limit without performing specific pulmonary effects
testing. EPA has also determined that the results of pulmonary effects
and reproductive/developmental toxicity testing would help characterize
the potential health effects of the PMN substance. Although the Order
does not require this testing, the Order's restrictions remain in
effect until the Order is modified or revoked by EPA based on
submission of this or relevant information.
CFR citations: 40 CFR 721.11218.
PMN Number: P-18-3
Chemical name: Fatty acids, diesters with dihydroxyalkane, fatty
acids, esters with dihydroxyalkane (generic).
CAS number: Not available.
Effective date of TSCA section 5(e) Order: April 10, 2018.
Basis for TSCA section 5(e) Order: The PMN states that the use of
the substance will be as a lubricant for metal working applications.
Based on SAR analysis of test data on analogous esters, EPA has
identified concerns for sensitization and skin and eye irritation. 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 in the absence of sufficient
information to permit a reasoned evaluation, the PMN substance may
present an unreasonable risk of injury to health and the environment.
To protect against these risks, the Order requires:
1. Provide personal protective equipment to its workers to prevent
dermal exposure where there is potential for dermal exposure; and
2. Establishment and use of a hazard communication program,
including human health precautionary statements on each label and in
the SDS.
The proposed SNUR would designate as a ``significant new use'' the
absence of these protective measures.
Potentially useful information: EPA has determined that certain
information about the health effects 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 would be designated by this proposed SNUR. EPA
has also determined that the results of specific sensitization testing
would help characterize the potential health effects of the PMN
substance. Although the Order does not require this test, the Order's
restrictions remain in effect until the Order is modified or revoked by
EPA based on submission of this or relevant information.
CFR citation: 40 CFR 721.11219.
PMN Number: P-18-22
Chemical Name: Substituted carbomonocycle, polymer with halo
substituted heteromonocycle and polyoxyalkylene polymer with
alkylenebis (isocyanatocarbomonocycle) bis
(carbomonocycledicarboxylate), reaction products with alkylamines,
hydrolyzed (generic).
CAS Number: Not available.
Effective date of TSCA section 5(e) Order: April 20, 2018.
Basis for TSCA section 5(e) Order: The PMN states that the use of
the substance will be used as a primer coating used for corrosion
protection. Based on the physical/chemical properties of the PMN
substance, available PMN data, and comparing the substance to
structurally analogous chemical substances, EPA identified concerns for
dermal and ocular
[[Page 57645]]
irritation and sensitization for the low molecular weight fraction of
the PMN substance. EPA also identified concerns for ecotoxicity if the
substance was manufactured differently. The Order was issued under TSCA
sections 5(a)(3)(B)(ii)(I) and 5(e)(l)(A)(ii)(I) of TSCA, based on a
finding that in the absence of sufficient information to permit a
reasoned evaluation, the substance may present an unreasonable risk of
injury to human health and the environment. To protect against these
risks, the Order requires:
1. Refraining from domestic manufacture in the United States (i.e.,
import only);
2. Use of the PMN substance only for primer coating for corrosion
protection;
3. Import the PMN substance with an average molecular weight
greater than 1026 daltons and with low weight fractions no more than
15.3% less than 500 daltons and 25% less than 1000 daltons;
4. Use of personal protective equipment where there is a potential
for dermal exposure;
5. Use of a NIOSH-certified respirator with an APF of at least 50
where there is a potential for inhalation exposure; and
6. Establishment and use of a hazard communication program,
including human health precautionary statements on each label and in
the SDS.
The proposed SNUR would designate as a ``significant new use'' the
absence of these protective measures.
Potentially useful information: EPA has determined that certain
information about environmental effects and health effects of the PMN
substance may be potentially useful 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 would be
designated by this proposed SNUR. EPA has also determined that the
results of skin sensitization, fate property testing, and acute and
chronic aquatic toxicity testing would help characterize the potential
human and environmental effects of the PMN substance. Although the
Order does not require these tests, the Order's restrictions remain in
effect until the Order is modified or revoked by EPA based on
submission of this or other relevant information.
CFR citation: 40 CFR 721.11220.
V. Rationale and Objectives of the Proposed Rule
A. Rationale
During review of the PMNs submitted for the chemical substances
that are subject to these proposed SNURs, EPA concluded that for all 66
chemical substances regulation was warranted under TSCA section 5(e),
pending the development of information sufficient to make reasoned
evaluations of the health or environmental effects of the chemical
substances. The basis for such findings is outlined in Unit IV. Based
on these findings, TSCA section 5(e) Orders requiring the use of
appropriate exposure controls were negotiated with the PMN submitters.
The proposed SNURs would 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 proposing 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 would 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 would 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 would 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 would 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. Applicability of the Proposed 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 proposed 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 proposed 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 would be designated as significant new uses. The identities of 42
of the 66 chemical substances subject to this proposed rule have been
claimed as confidential and EPA has not received any 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 proposed rule are ongoing.
Therefore, EPA designates November 15, 2018 as the cutoff date for
determining whether the new use is ongoing. The objective of EPA's
approach is to ensure that a person cannot defeat a SNUR by initiating
a significant new use before the effective date of the final rule. In
developing this proposed rule, EPA has recognized that, given EPA's
general practice of posting proposed rules on its website a week or
more in advance of Federal Register publication, this objective could
be thwarted even before Federal Register publication of the proposed
rule.
Persons who begin commercial manufacture or processing of the
chemical substances for a significant new use identified as of that
date would have to cease any such activity upon the effective date of
the final rule. To resume their activities, these persons would have to
first comply with all applicable SNUR notification requirements and
wait until EPA has conducted a review of the notice, made an
appropriate determination on the
[[Page 57646]]
notice, and has taken such actions as are required with that
determination.
VII. 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
identified by EPA that would help characterize the potential health
and/or environmental effects of the PMN/SNUN substance for all of the
listed SNURs. EPA recognizes that the 2016 Lautenberg Amendments have
led to modifications in our approach to testing requirements, including
an increased consideration of alternatives to vertebrate testing.
Descriptions of tests/information needs are provided for informational
purposes only and EPA strongly encourages persons, before performing
any testing, to consult with the Agency pertaining to protocol
selection. 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 potentially useful information. EPA encourages dialogue 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 that would be regulated under this proposed rule, EPA has
established production limits in view of the lack of data on the
potential health and environmental risks that may be posed by the
significant new uses or increased exposure to the chemical substances.
These limits cannot be exceeded unless the PMN submitter first submits
the results of specified tests that would permit a reasoned evaluation
of the potential risks posed by these chemical substances. Listings of
the tests specified in the TSCA section 5(e) Orders are included in
Unit IV. The proposed SNURs contain the same production 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 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.
Any request by EPA for the 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/information 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 listed in Unit IV. may not be
the only means of addressing the potential risks of the chemical
substance. EPA recommends that potential SNUN submitters contact EPA
early enough so that they will be able to conduct the appropriate
tests.
SNUN submitters should be aware that EPA will be better able to
evaluate SNUNs which provide detailed information on the following:
Human exposure and environmental release that may result
from the significant new use of the chemical substances.
Information on risks posed by the chemical substances
compared to risks posed by potential substitutes.
VIII. SNUN Submissions
According to Sec. 721.1(c), persons submitting a SNUN must comply
with the same notification requirements and EPA regulatory procedures
as persons submitting a PMN, including submission of test data on
health and environmental effects as described in Sec. 720.50. SNUNs
must be submitted on EPA Form No. 7710-25, generated using e-PMN
software, and submitted to the Agency in accordance with the procedures
set forth in Sec. 720.40 and Sec. 721.25. E-PMN software is available
electronically at https://www.epa.gov/reviewing-new-chemicals-under-toxic-substances-control-act-tsca.
IX. Economic Analysis
EPA has evaluated the potential costs of establishing SNUN
requirements for potential manufacturers and processors of the chemical
substances subject to this proposed rule. EPA's complete economic
analysis is available in the docket under docket ID number EPA-HQ-OPPT-
2018-0650.
X. Statutory and Executive Order Reviews
A. Executive Order 12866
This proposed rule would establish 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.
The information collection requirements related to this proposed
rule have already been approved by OMB pursuant to PRA under OMB
control number 2070-0012 (EPA ICR No. 574). This action does not impose
any burden requiring additional OMB approval. If an entity were to
submit a SNUN to the Agency, the annual burden is estimated to average
between 30 and 170 hours per response. This burden estimate includes
the time needed to review instructions, search existing data sources,
gather and maintain the data needed, and complete, review, and submit
the required SNUN.
Send any comments about the accuracy of the burden estimate, and
any suggested methods for minimizing
[[Page 57647]]
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)
Pursuant to section 605(b) of the Regulatory Flexibility Act (RFA)
(5 U.S.C. 601 et seq.), the Agency hereby certifies that promulgation
of this proposed SNUR would not have a significant adverse economic
impact on a substantial number of small entities. The requirement to
submit a SNUN applies to any person (including small or large entities)
who intends to engage in any activity described in the final rule as a
``significant new use.'' Because these uses are ``new,'' based on all
information currently available to EPA, it appears that no small or
large entities presently engage in such activities. A SNUR requires
that any person who intends to engage in such activity in the future
must first notify EPA by submitting a SNUN. Although some small
entities may decide to pursue a significant new use in the future, EPA
cannot presently determine how many, if any, there may be. However,
EPA's experience to date is that, in response to the promulgation of
SNURs covering over 1,000 chemicals, the Agency receives only a small
number of notices per year. For example, the number of SNUNs received
was seven in Federal fiscal year (FY) 2013, 13 in FY2014, six in
FY2015, 10 in FY2016, and 14 in FY2017, and only a fraction of these
were from small businesses. In addition, the Agency currently offers
relief to qualifying small businesses by reducing the SNUN submission
fee from $16,000 to $2,800. This lower fee reduces the total reporting
and recordkeeping of cost of submitting a SNUN to about $10,116 for
qualifying small firms. Therefore, the potential economic impacts of
complying with this proposed SNUR are not expected to be significant or
adversely impact a substantial number of small entities. In a SNUR that
published in the Federal Register of June 2, 1997 (62 FR 29684) (FRL-
5597-1), the Agency presented its general determination that final
SNURs are not expected to have a significant economic impact on a
substantial number of small entities, which was provided to the Chief
Counsel for Advocacy of the Small Business Administration.
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 proposed rule would 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 proposed rule would not have a substantial direct effect on
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132,
entitled ``Federalism'' (64 FR 43255, August 10, 1999).
F. Executive Order 13175
This proposed rule would not have Tribal implications because it is
not expected to have substantial direct effects on Indian Tribes. This
proposed rule would not significantly nor uniquely affect the
communities of Indian Tribal governments, nor would 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 proposed rule 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 proposed rule 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 proposed rule is not expected to affect energy supply,
distribution, or use and because this proposed rule is not a
significant regulatory action under Executive Order 12866.
I. National Technology Transfer and Advancement Act (NTTAA)
In addition, since this proposed rule would 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 proposed rule 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).
List of Subjects in 40 CFR Part 721
Environmental protection, Chemicals, Hazardous substances,
Reporting and recordkeeping requirements.
Dated: October 24, 2018.
Jeffery T. Morris,
Director, Office of Pollution Prevention and Toxics.
Therefore, it is proposed that 40 CFR chapter I be amended as
follows:
PART 721--[AMENDED]
0
1. The authority citation for part 721 continues to read as follows:
Authority: 15 U.S.C. 2604, 2607, and 2625(c).
0
2. Amend Subpart E by adding Sec. 721.11194 through Sec. 721.11220 to
read as follows:
Subpart E--Significant New Uses for Specific Chemical Substances
* * * * *
Sec.
Sec. 721.11194 Alkene reaction and distillation by-products and
residues (generic).
Sec. 721.11195 Oxirane, 2-methyl-, polymer with oxirane, monobutyl
ether, monoether with propylene oxide-2-[[3-
(triethoxysilyl)propoxy]methyl]oxirane polymer.
Sec. 721.11196 Aliphatic acrylate (generic).
Sec. 721.11197 Flue dust, glass manufg. Desulfurization.
Definition: The dust produced from the flue gas exhaust cleaning of
a glass manufacturing process using carbonate containing substances.
It consists primarily of Na2S04, Na2CO3, and Na4(SO4)(CO3).
Sec. 721.11198 Organo-titanate (generic).
Sec. 721.11199 Dialkyl 7,10-dioxa, dithiahexadeca diene (generic).
Sec. 721.11200 Haloalkyl substituted carbomonocycle (generic).
Sec. 721.11201 Amine- and hydroxy-functional acrylic polymer,
neutralized (generic).
[[Page 57648]]
Sec. 721.11202 Amine- and hydroxy-functional acrylic polymer
(generic).
Sec. 721.11203 Hydroxy acrylic polymer, methanesulfonates
(generic).
Sec. 721.11204 Alkyl perfluorinated acryloyl ester (generic).
Sec. 721.11205 Poly(oxy-1,2-ethanediyl), .alpha.-(2-methyl-2-
propen-1-yl)-.omega.-hydroxy-.
Sec. 721.11206 Alkylidene dicarbomonocycle, polymer with halo-
substituted heteromonocycle and disubstituted alkyl carbomonocycle
alkenedioate alkylalkenoate (generic).
Sec. 721.11207 Aluminum boron cobalt lithium nickel oxide.
Sec. 721.11208 Aluminum boron cobalt lithium magnesium nickel
oxide.
Sec. 721.11209 Heteropolycyclic-alkanol carbomonocycle-
alkanesulfonate (generic).
Sec. 721.11210 (Substituted-dialkyl(C=1~7)silyl)alkanenitrile
(generic).
Sec. 721.11211 Substituted heteromonocycle, polymer with
diisocyanato alkane and alkanediol, substituted heteromonocycle
homopolymer ester with substituted alkylacrylate; blocked (generic).
Sec. 721.11212 Glycolipids, sophorose-contg., candida bombicola-
fermented, from C16- 18 and C18-unsatd. glycerides and D-glucose,
hydrolyzed, sodium salts.
Sec. 721.11213 Glycolipids, sophorose-contg., candida bombicola-
fermented, from C16- 18 and C18-unsatd. glycerides and D-glucose,
hydrolyzed, potassium salts.
Sec. 721.11214 2-Propenoic acid, 2-methyl-, 2-(2-butoxyethoxy)ethyl
ester, polymer with 1,3-butadiene and 2-propenenitrile.
Sec. 721.11215 Halogenated benzoic acid ethyl ester (generic).
Sec. 721.11216 Halogenated benzoic acid (generic).
Sec. 721.11217 Certain halogenated sodium benzoate salts.
Sec. 721.11218 Benzoic acid, 2, 3, 6-trifluoro, sodium salt (1:1).
Sec. 721.11219 Fatty acids, diesters with dihydroxyalkane, fatty
acids, esters with dihydroxyalkane (generic).
Sec. 721.11220 Substituted carbomonocycle, polymer with halo
substituted heteromonocycle and polyoxyalkylene polymer with
alkylenebis (isocyanatocarbomonocycle) bis
(carbomonocycledicarboxylate), reaction products with alkylamines,
hydrolyzed, (generic).
Subpart E--Significant New Uses for Specific Chemical Substances
* * * * *
Sec. 721.11194 Alkene reaction and distillation by-products and
residues (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as alkene
reaction and distillation by-products and residues (P-15-106) 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), (2)(i), (iii), (a)(3), (a)(4), (a)(5)(respirators must
provide a National Institute for Occupational Safety and Health (NIOSH)
assigned protection factor (APF) of at least 10), (when determining
which persons are reasonable 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 exposures,
where feasible), (a)(6)(v), (vi), (b)(concentration set at 1.0%), and
(c).
(A) As an alternative to the respirator requirements in paragraph
(a)(2)(i) of this section, a manufacturer or processor may choose to
follow the new chemical exposure limit (NCEL) provision listed in the
TSCA section 5(e) Order for this substance. The NCEL is 2 mg/m\3\ as an
8-hour time weighted average. Persons who wish to pursue NCELs as an
alternative to Sec. 721.63 respirator requirements may request to do
so under Sec. 721.30. Persons whose Sec. 721.30 requests to use the
NCELs approach are approved by EPA will be required to follow NCELs
provisions comparable to those contained in the corresponding TSCA
section 5(e) Order.
(B) [Reserved].
(ii) Hazard communication. Requirements as specified in Sec.
721.72(a) through (e) (concentration set at 1.0%), (f), (g)(1)(i),
(ii), (ix), (g)(2)(i), (ii), (iv), (v), (use respiratory protection or
maintain workplace airborne concentrations at or below an 8-hour time-
weighted average of 2 mg/m\3\), (g)(3)(ii), (g)(4)(do not release to
water at concentrations that exceed 1 ppb), and (g)(5). Alternative
hazard and warning statements that meet the criteria of the Globally
Harmonized System and OSHA Hazard Communication Standard may be used.
(iii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(q).
(iv) Release to water. Requirements as specified in Sec.
721.90(a)(4), (b)(4) and (c)(4) where N = 1.
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (i), and (k) are applicable to manufacturers,
importers, 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.
Sec. 721.11195 Oxirane, 2-methyl-, polymer with oxirane, monobutyl
ether, monoether with propylene oxide-2-[[3-
(triethoxysilyl)propoxy]methyl]oxirane polymer.
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified as oxirane, 2-methyl-,
polymer with oxirane, monobutyl ether, monoether with propylene oxide-
2-[[3-(triethoxysilyl)propoxy]methyl]oxirane polymer (P-15-726, CAS No.
1644400-33-8) is subject to reporting under this section for the
significant new uses described in paragraph (a)(2) of this section. The
requirements of this section do not apply to quantities of the
substance after they have been reacted (cured).
(2) The significant new uses are:
(i) Hazard communication. Requirements as specified in Sec.
721.72(a) through (e) (concentration set at 1.0%), (f), (g)(1)(ii),
(2)(ii), and (g)(5). Alternative hazard and warning statements that
meet the criteria of the Globally Harmonized System and OSHA Hazard
Communication Standard may be used.
(ii) 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 in any manner that generates
a vapor, dust, mist, or aerosol.
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (c) and (f) through (i) are applicable to
manufacturers, importers, and processors of this substance.
(2) Limitations or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
Sec. 721.11196 Aliphatic acrylate (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
aliphatic acrylate (P-16-337) 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
[[Page 57649]]
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 Sec.
721.63(a)(1), (2)(i), (iii), (iv), (a)(3), (a)(4), (a)(5)(respirators
must provide a National Institute for Occupational Safety and Health
with assigned protection factor of at least 50), (when determining
which persons are reasonably likely to be exposed as required for Sec.
721.63(a)(1) and (4), engineering control measures (e.g., enclosure or
confinement of the operation, general and local ventilation) or
administrative control measures (e.g., workplace policies and
procedures) shall be considered and implemented to prevent exposure
where feasible), (a)(6)(v), (vi), (particulate), (b)(concentration set
at 0.1%) and (c).
(ii) Hazard communication. Requirements as specified in Sec.
721.72(a) through (e)(concentration set at 0.1%), (f), (g)(1)(i), (ii),
(iv), (vii), (ix), (g)(2)(i), (ii), (iii), (iv), (v), (g)(3)(i), (ii),
(g)(4)(release restrictions apply), and (g)(5). Alternative hazard and
warning statements that meet the criteria of the Globally Harmonized
System and OSHA Hazard Communication Standard may be used.
(iii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(g).
(iv) Release to water. Requirements as specified in Sec.
721.90(a)(4), (b)(4), (c)(4) where N = 1.
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (i) and (k).
(2) Limitations or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
Sec. 721.11197 Flue dust, glass manufg. Desulfurization. Definition:
The dust produced from the flue gas exhaust cleaning of a glass
manufacturing process using carbonate containing substances. It
consists primarily of Na2S04, Na2CO3, and Na4(SO4)(CO3).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified as flue dust, glass
manufg. Desulfurization. Definition: The dust produced from the flue
gas exhaust cleaning of a glass manufacturing process using carbonate
containing substances. It consists primarily of Na2S04, Na2CO3, and
Na4(SO4)(CO3) (P-16-421, CAS No. 1916486-36-6) is subject to reporting
under this section for the significant new uses described in paragraph
(a)(2) of this section. The requirements of this section do not apply
to quantities of the substance after they have been completely
incorporated into a glass product.
(2) The significant new uses are:
(i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1), (3), (4), (5)(respirators must provide a National
Institute for Occupational Safety and Health assigned protection factor
of at least 50 or when the PMN substance is in a mixture at a
concentration below 1.0 percent by weight, an APF of 10), (when
determining which persons are reasonable 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
exposures, where feasible), (a)(6)(v), (vi), (particulate), and (c).
(ii) Hazard communication. Requirements as specified in Sec.
721.72(a) through (d), (f), (g)(1)(iii), (iv), (vi), (ix),
(cardiovascular effects), (g)(2)(i), (ii), (iii), (iv), (v), and
(g)(5). Alternative hazard and warning statements that meet the
criteria of the Globally Harmonized System and OSHA Hazard
Communication Standard may be used.
(iii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(h). It is a significant new use to modify
the processes or uses described in the premanufacture notice such that
occupational exposure is increased. It is a significant new use to
manufacture the substance with an elemental composition different from
that described in the PMN.
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (d) and (f) through (i) are applicable to
manufacturers, importers, and processors of this substance.
(2) Limitations or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
Sec. 721.11198 Organo-titanate (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as organo-
titanate (P-16-600) is subject to reporting under this section for the
significant new uses described in paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1), (3), (when determining which persons are reasonable
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 exposures, where feasible), (a)(6)(particulate),
(b)(concentration set at 0.1%), and (c).
(ii) Hazard communication. Requirements as specified in Sec.
721.72(a) through (e)(concentration set at 0.1%), (f), (g)(1)(vii),
(g)(2)(i), (v), (g)(3)(ii), (g)(4)(iii), and (g)(5). Alternative hazard
and warning statements that meet the criteria of the Globally
Harmonized System and OSHA Hazard Communication Standard may be used.
(iii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(k). It is a significant new use to process
or use the substance involving an application method that generates a
vapor, mist, or aerosol.
(iv) Release to water. Requirements as specified in Sec.
721.90(a)(1), (b)(1), and (c)(1).
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125 (a) through (i) and (k) are applicable to manufacturers,
importers, 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.
Sec. 721.11199 Dialkyl 7,10-dioxa, dithiahexadeca diene (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance generically identified as dialkyl
7,10-dioxa, dithiahexadeca diene (P-17-7) is subject to reporting under
this section for the significant new uses described in paragraph (a)(2)
of this section.
(2) The significant new uses are:
(i) Protection in the workplace. Requirements as specified in
[[Page 57650]]
Sec. 721.63(a)(1), (2)(i), (iii), (iv), (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)(3), (a)(6)(v), (vi), (particulate),
(b)(concentration set at 0.1%), and (c).
(ii) Hazard communication. Requirements as specified in Sec.
721.72(a) through (e)(concentration set at 0.1%), (f), (g)(1)(iv),
(vi), (vii), (ix), (skin sensitization), (respiratory sensitization),
(g)(2)(i), (ii), (iii), (v), (g)(3)(i), (ii), (g)(4)(i), (g)(5).
Alternative hazard warning statements that meet the criteria of the
Globally Harmonized System and OSHA Hazard Communication Standard may
be used.
(iii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(g). It is a significant new use to
manufacture, process, or use the substance involving an application
method that generates a vapor, mist, dust, or aerosol.
(iv) Release to water. Requirements as specified in Sec.
721.90(a)(4), (b)(4), and (c)(4) where N = 67.
(b) Specific requirements. The provision of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (i) and (k) are applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
Sec. 721.11200 Haloalkyl substituted carbomonocycle (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
haloalkyl substituted carbomonocycle (P-17-49) 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 Sec.
721.63(a)(1), (2)(i),(ii), (iii), (iv), (a)(3), (a)(4),
(a)(5)(respirators must provide a National Institute for Occupational
Safety and Health with assigned protection factor of at least 10),
(when determining which persons are reasonably likely to be exposed as
required for Sec. 721.63(a)(1) and (4), engineering control measures
(e.g., enclosure or confinement of the operation, general and local
ventilation) or administrative control measures (e.g., workplace
policies and procedures) shall be considered and implemented to prevent
exposure where feasible), (a)(6)(particulate) and (c).
(ii) Hazard communication. Requirements as specified in Sec.
721.72(a) through (d), (f), (g)(1)(ix), (irritation), (sensitization),
(liver toxicity), (mutagenicity), (g)(2)(i), (ii), (iii), (iv), (v),
(g)(4)(i), (iii), and (g)(5). Alternative hazard and warning statements
that meet the criteria of the Globally Harmonized System 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). It is a significant new
use to use the substance without the confidential engineering controls
specified in the Order.
(iv) Disposal. Requirements as specified in Sec. 721.85(a)(1),
(b)(1), and (c)(1).
(v) Release to water. Requirements as specified in Sec.
721.90(a)(1), (b)(1), and (c)(1).
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125 (a) through (k).
(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.
Sec. 721.11201 Amine- and hydroxy-functional acrylic polymer,
neutralized (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as amine-
and hydroxy-functional acrylic polymer, neutralized (P-17-249), 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 completely entrained in dried coating.
(2) The significant new uses are:
(i) Hazard communication Requirements as specified in Sec.
721.72(a) through (e)(concentration set at 1%), (f), (g)(1)(ii),
(g)(2)(ii), (g)(3)(ii), (g)(4)(i), (do not release to water without
pre-treatment of water releases at an onsite waste water treatment
plant with at least 96% efficiency), and (g)(5). Alternative hazard and
warning statements that meet the criteria of the Globally Harmonized
System and OSHA Hazard Communication Standard may be used.
(ii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(k). It is a significant new use to use the
substance without the confidential engineering controls specified in
the Order. It is a significant new use to manufacture or use the
substance with methods that generate a dust, spray, mist, or aerosol.
(iii) Disposal requirements. Requirements as specified in Sec.
721.85(a)(1), (b)(1), and (c)(1).
(iv) Release to water. Requirements as specified in Sec. 721.90.
It is a significant new use to release to water without pretreatment at
an on-site wastewater treatment plant with at least 96% efficiency.
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (c) and (f) through (k) are applicable to
manufacturers, importers, and processors of this substance.
(2) Limitations or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
(3) Determining whether a specific use is subject to this section.
The provisions of Sec. 721.1725(b)(1) apply to paragraph (a)(2)(ii) of
this section.
Sec. 721.11202 Amine- and hydroxy-functional acrylic polymer
(generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as amine-
and hydroxy-functional acrylic polymer (P-17-380), 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
completely entrained in dried coating.
(2) The significant new uses are:
(i) Hazard communication Requirements as specified in Sec.
721.72(a) through (e)(concentration set at 1%), (f), (g)(1)(ii),
(g)(2)(ii), (g)(3)(ii), (g)(4)(i), (do not release to water without
pre-treatment of water releases at an onsite waste water treatment
plant with at least 96% efficiency), and (g)(5). Alternative hazard and
warning statements that meet the criteria of the Globally
[[Page 57651]]
Harmonized System and OSHA Hazard Communication Standard may be used.
(ii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(k). It is a significant new use to use the
substance without the confidential engineering controls specified in
the Order. It is a significant new use to manufacture or use the
substance with methods that generate a dust, spray, mist, or aerosol.
(iii) Disposal requirements. Requirements as specified in Sec.
721.85(a)(1), (b)(1), and (c)(1).
(iv) Release to water. Requirements as specified in Sec. 721.90.
It is a significant new use to release to water without pretreatment at
an on-site wastewater treatment plant with at least 96% efficiency.
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (c) and (f) through (k) are applicable to
manufacturers, importers, and processors of this substance.
(2) Limitations or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
(3) Determining whether a specific use is subject to this section.
The provisions of Sec. 721.1725(b)(1) apply to paragraph (a)(2)(ii) of
this section.
Sec. 721.11203 Hydroxy acrylic polymer, methanesulfonates (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as hydroxy
acrylic polymer, methanesulfonates (P-17-381), 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 completely
entrained in dried coating.
(2) The significant new uses are:
(i) Hazard communication Requirements as specified in Sec.
721.72(a) through (e)(concentration set at 1%), (f), (g)(1)(ii),
(g)(2)(ii), (g)(3)(ii), (g)(4)(i), (do not release to water without
pre-treatment of water releases at an onsite waste water treatment
plant with at least 96% efficiency), and (g)(5). Alternative hazard and
warning statements that meet the criteria of the Globally Harmonized
System and OSHA Hazard Communication Standard may be used.
(ii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(k). It is a significant new use to use the
substance without the confidential engineering controls specified in
the Order. It is a significant new use to manufacture or use the
substance with methods that generate a dust, spray, mist, or aerosol.
(iii) Disposal requirements. Requirements as specified in Sec.
721.85(a)(1), (b)(1), and (c)(1).
(iv) Release to water. Requirements as specified in Sec. 721.90.
It is a significant new use to release to water without pretreatment at
an on-site wastewater treatment plant with at least 96% efficiency.
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (c) and (f) through (k) are applicable to
manufacturers, importers, and processors of this substance.
(2) Limitations or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
(3) Determining whether a specific use is subject to this section.
The provisions of Sec. 721.1725(b)(1) apply to paragraph (a)(2)(ii) of
this section.
Sec. 721.11204 Alkyl perfluorinated acryloyl ester (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as alkyl
perfluorinated acryloyl ester (P-17-270) 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 completely reacted
(cured).
(2) The significant new uses are:
(i) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(f), (k), and (t).
(ii) [Reserved]
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (c) and (i) are applicable to manufacturers,
importers, 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.
Sec. 721.11205 Poly(oxy-1,2-ethanediyl), .alpha.-(2-methyl-2-propen-
1-yl)-.omega.-hydroxy-.
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified as poly(oxy-1,2-
ethanediyl), .alpha.-(2-methyl-2-propen-1-yl)-.omega.-hydroxy- (P-17-
271, CAS No. 31497-33-3) is subject to reporting under this section for
the significant new uses described in paragraph (a)(2) of this section.
The requirements of this section do not apply to quantities of the
substances after they have been reacted (cured).
(2) The significant new uses are:
(i) Hazard communication. Requirements as specified in Sec.
721.72(a) through (e)(concentration set at 1.0%), (f), (g)(1)(ii),
(g)(2)(ii), (iii), and (g)(5). Alternative hazard and warning
statements that meet the criteria of the Globally Harmonized System and
OSHA Hazard Communication Standard may be used.
(ii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(f). It is a significant new use to use the
substance other than as a polymer intermediate. It is a significant new
use to manufacture, process or use the substance in a manner that
generates a vapor, mist, or aerosol, or that results in inhalation
exposure.
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (c) and (f) through (i).
(2) Limitations or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
Sec. 721.11206 Alkylidene dicarbomonocycle, polymer with halo-
substituted heteromonocycle and disubstituted alkyl carbomonocycle
alkenedioate alkylalkenoate (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
alkylidene dicarbomonocycle, polymer with halo-substituted
heteromonocycle and disubstituted alkyl carbomonocycle alkenedioate
alkylalkenoate (P-17-304) 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 it has been reacted (cured).
(2) The significant new uses are:
(i) Protection in the workplace. Requirements as specified
[[Page 57652]]
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), (a)(6)(v), (vi),
(particulate), (b)(concentration set at 1.0%) and (c).
(ii) Hazard communication. Requirements as specified in Sec.
721.72(a) through (e)(concentration set at 1.0%), (f), (g)(1)(ii),(skin
sensitization), (g)(2)(i), (ii), (v), and (g)(5). Alternative hazard
and warning statements that meet the criteria of the Globally
Harmonized System and OSHA Hazard Communication Standard may be used.
(iii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(f). It is a significant new use to use the
substance other than as an intermediate for thermoset plastic material.
It is a significant new use to manufacture (includes importing) the
substance to contain more than 0.1% residual isocyanate by weight.
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (i).
(2) Limitations or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
Sec. 721.11207 Aluminum boron cobalt lithium nickel oxide.
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified as aluminum boron
cobalt lithium nickel oxide (P-17-337, CAS No. 207803-51-8) is subject
to reporting under this section for the significant new uses described
in paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1), (2)(i), (ii), (a)(3)(i), (ii), (a)(4), (a)(5),
(respirators must provide a National Institute for Occupational Safety
and Health assigned protection factor of at least 1,000), (when
determining which persons are reasonable 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
exposures, where feasible), (b)(concentration set at 0.1%), and (c).
(A) As an alternative to the respirator requirements in paragraph
(a)(2)(i) of this section, a manufacturer or processor may choose to
follow the new chemical exposure limit (NCEL) provision listed in the
TSCA section 5(e) Order for this substance. The NCEL 0.000092 mg/m\3\
as an 8-hour time weighted average. Persons who wish to pursue NCELs as
an alternative to Sec. 721.63 respirator requirements may request to
do so under Sec. 721.30. Persons whose Sec. 721.30 requests to use
the NCELs approach are approved by EPA will be required to follow NCELs
provisions comparable to those contained in the corresponding TSCA
section 5(e) Order.
(B) [Reserved].
(ii) Hazard communication. Requirements as specified in Sec.
721.72(a) through (e), (concentration set at 0.1%), (f), (g)(1)(i),
(vii), (damage to the lung, kidney, and spleen), (g)(2)(i), (iii),
(iv), (use respiratory protection or maintain workplace airborne
concentrations at or below an 8-hour time-weighted average of 0.000092
mg/m\3\), (avoid breathing substance in the dust form), and (g)(5).
Alternative hazard and warning statements that meet the criteria of the
Globally Harmonized System and OSHA Hazard Communication Standard may
be used.
(iii) Industrial, commercial, and consumer activities. It is a
significant new use to manufacture the substance beyond two years. It
is a significant new use to manufacture or process the substance at any
facility unless all process air streams containing the substances pass
through control technology such as a high-efficiency particulate air
filter with a rated removal efficiency of at least 99.99%.
(iv) Disposal. Requirements as specified in Sec. 721.85(a)(2),
(b)(2), and (c)(2). It is a significant new use to dispose of the
substances by metal reclamation unless the person reclaiming metal
containing the substances complies with this section. It is a
significant new use to release the substances to air unless the
chemical transfer and air ventilation processes specified in the order
are followed.
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (j) are applicable to manufacturers, importers, and
processors of these substances.
(2) Limitations or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
(3) Determining whether a specific use is subject to this section.
The provisions of Sec. 721.1725(b)(1) apply to paragraph (a)(2)(iv) of
this section.
Sec. 721.11208 Aluminum boron cobalt lithium magnesium nickel oxide.
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified as aluminum boron
cobalt lithium magnesium nickel oxide (P-17-338, CAS No. 2087499-33-8)
is subject to reporting under this section for the significant new uses
described in paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1), (2)(i), (ii), (a)(3)(i), (ii), (a)(4), (a)(5),
(respirators must provide a National Institute for Occupational Safety
and Health assigned protection factor of at least 1,000), (when
determining which persons are reasonable 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
exposures, where feasible), (b)(concentration set at 0.1%), and (c).
(A) As an alternative to the respirator requirements in paragraph
(a)(2)(i) of this section, a manufacturer or processor may choose to
follow the new chemical exposure limit (NCEL) provision listed in the
TSCA section 5(e) Order for this substance. The NCEL 0.000092 mg/m\3\
as an 8-hour time weighted average. Persons who wish to pursue NCELs as
an alternative to Sec. 721.63 respirator requirements may request to
do so under Sec. 721.30. Persons whose Sec. 721.30 requests to use
the NCELs approach are approved by EPA will be required to follow NCELs
provisions comparable to those contained in the corresponding TSCA
section 5(e) Order.
(B) [Reserved].
(ii) Hazard communication. Requirements as specified in Sec.
721.72(a) through (e), (concentration set at 0.1%), (f), (g)(1)(i),
(vii), (damage to the lung, kidney, and spleen), (g)(2)(i), (iii),
(iv), (use respiratory protection or maintain workplace airborne
concentrations at or below an 8-hour time-weighted average of 0.000092
mg/m\3\), (avoid breathing substance in the dust form), and (g)(5).
Alternative hazard and warning statements that meet the criteria of the
[[Page 57653]]
Globally Harmonized System and OSHA Hazard Communication Standard may
be used.
(iii) Industrial, commercial, and consumer activities. It is a
significant new use to manufacture the substance beyond two years. It
is a significant new use to manufacture or process the substances at
any facility unless all process air streams containing the substances
pass through control technology such as a high-efficiency particulate
air filter with a rated removal efficiency of at least 99.99%.
(iv) Disposal. Requirements as specified in Sec. 721.85(a)(2),
(b)(2), and (c)(2). It is a significant new use to dispose of the
substances by metal reclamation unless the person reclaiming metal
containing the substances complies with this section. It is a
significant new use to release the substances to air unless the
chemical transfer and air ventilation processes specified in the order
are followed.
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (j) are applicable to manufacturers, importers, and
processors of these substances.
(2) Limitations or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
(3) Determining whether a specific use is subject to this section.
The provisions of Sec. 721.1725(b)(1) apply to paragraph (a)(2)(iv) of
this section.
Sec. 721.11209 Heteropolycyclic-alkanol carbomonocycle-
alkanesulfonate (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
heteropolycyclic-alkanol carbomonocycle-alkanesulfonate (PMN P-17-343)
is subject to reporting under this section for the significant new uses
described in paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1), (a)(2)(i), (iii), (a)(3), (when determining which persons
are reasonably likely to be exposed as required for Sec. 721.63(a)(1),
engineering control measures (e.g., enclosure or confinement of the
operation, general and local ventilation) or administrative control
measures (e.g., workplace policies and procedures) shall be considered
and implemented to prevent exposure, where feasible),
(a)(6)(particulate), (b)(concentration set at 1.0%) and (c).
(ii) Hazard communication. Requirements as specified in Sec.
721.72(a) through (e)(concentration set at 1.0%), (f), (g)(1)(i), (vi),
(ix), (eye irritation), (systemic effects), (g)(2)(i), (ii), (iii),
(v), (g)(3)(i), (ii), and (g)(5). Alternative hazard and warning
statements that meet the criteria of the Globally Harmonized System and
OSHA Hazard Communication Standard may be used.
(iii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(k). It is a significant new use to
manufacture, process or use the substance in a manner that results in
inhalation exposure to a vapor, mist, dust or aerosol.
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (i) are applicable to manufacturers and processors
of this substance.
(2) Limitations or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
(3) Determining whether a specific use is subject to this section.
The provisions of Sec. 721.1725 (b)(1) apply to paragraph (a)(2)(iii)
of this section.
Sec. 721.11210 (Substituted-dialkyl(C=1~7)silyl)alkanenitrile
(generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
(substituted-dialkyl(C=1~7)silyl) alkanenitrile (PMN P-17-354) is
subject to reporting under this section for the significant new uses
described in paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1), (a)(2)(i), (iii), (a)(3), (a)(4), (a)(5)(respirators must
provide a National Institute for Occupational Safety and Health with
assigned protection factor of at least 50), (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)(6)(v), (vi), (particulate), (b)(concentration set
at 1.0%) and (c).
(ii) Hazard communication. Requirements as specified in Sec.
721.72(a) through (e)(concentration set at 1.0%), (f), (g)(1)(ii),
(iv), (vi), (ix), (skin and eye irritation), (sensitization),
(mutagenicity), (g)(2)(i), (ii), (iii), (iv), (v), (use eye
protection), (g)(3)(i), (ii), (g)(4)(i), (iii), and (g)(5). Alternative
hazard and warning statements that meet the criteria of the Globally
Harmonized System and OSHA Hazard Communication Standard may be used.
(iii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(k).
(iv) Disposal. Requirements as specified in Sec. 721.85(a)(1),
(b)(1), and (c)(1)(waste streams from use must be disposed of only by
incineration with no less than 99.9% efficiency).
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125 (a) through (j) are applicable to manufacturers and processors
of this substance.
(2) Limitations or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
(3) Determining whether a specific use is subject to this section.
The provisions of Sec. 721.1725(b)(1) apply to paragraph (a)(2)(iii)
of this section.
Sec. 721.11211 Substituted heteromonocycle, polymer with diisocyanato
alkane and alkanediol, substituted heteromonocycle homopolymer ester
with substituted alkylacrylate; blocked (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
substituted heteromonocycle, polymer with diisocyanato alkane and
alkanediol, substituted heteromonocycle homopolymer ester with
substituted alkylacrylate; blocked (P-17-361) 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 completely reacted
(cured).
(2) The significant new uses are:
(i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1), (2)(i), (3), (4), (5), (respirators must provide a
National Institute for Occupational Safety and Health with assigned
protection factor (APF) of at least 50 or an APF of at least 1,000 if
spray applied), (when determining which persons are
[[Page 57654]]
reasonable 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 exposures, where feasible), (a)(6)(v), (vi),
(particulate), (b)(concentration set at 0.1%), and (c).
(ii) Hazard communication. Requirements as specified in Sec.
721.72(a) through (e)(concentration set at 0.1%), (f), (g)(1)(i),
(vii), (ix), (sensitization), (systemic effects), (g)(2)(i), (ii),
(iii), (v), and (g)(5). Alternative hazard and warning statements that
meet the criteria of the Globally Harmonized System and OSHA Hazard
Communication Standard may be used.
(iii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(f). It is a significant new use to
manufacture the substance containing greater than 0.25% residual
isocyanate or an average molecular weight less than 2,280 daltons. It
is a significant new use to use the substance other than as a dual-cure
adhesion coating or barrier.
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (i) are applicable to manufacturers, importers, and
processors of this substance.
(2) Limitations or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
Sec. 721.11212 Glycolipids, sophorose-contg., candida bombicola-
fermented, from C16-18 and C18-unsatd. glycerides and D-glucose,
hydrolyzed, sodium salts.
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified as glycolipids,
sophorose-contg., candida bombicola-fermented, from C16-18 and C18-
unsatd. glycerides and D-glucose, hydrolyzed, sodium salts (P-17-401,
CAS No. 2102535-74-8) is subject to reporting under this section for
the significant new uses described in paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1), (a)(2)(i), (iii), (a)(3), (when determining which persons
are reasonably likely to be exposed as required for Sec. 721.63
(a)(1), engineering control measures (e.g., enclosure or confinement of
the operation, general and local ventilation) or administrative control
measures (e.g., workplace policies and procedures) shall be considered
and implemented to prevent exposure, where feasible), (a)(6)(v), (vi),
(particulate), (b)(concentration set at 1.0%), and (c).
(ii) Hazard communication. Requirements as specified in Sec.
721.72 (a) through (e)(concentration set at 1.0%), (f), (g)(1)(i),
(ii), (eye irritation), (g)(2)(i), (ii), (iii), (v), and (g)(5).
Alternative hazard and warning statements that meet the criteria of the
Globally Harmonized System and OSHA Hazard Communication Standard may
be used.
(iii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(f). It is a significant new use to
manufacture, process, or use the substance for consumer use or for
commercial uses that could introduce the substance into a consumer
setting. It is a significant new use to manufacture, process, or use
the substance in any manner that results in generation of a vapor,
dust, mist or aerosol.
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125 (a) through (i) are applicable to manufacturers and processors
of this substance.
(2) Limitations or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
Sec. 721.11213 Glycolipids, sophorose-contg., candida bombicola-
fermented, from C16-18 and C18-unsatd. glycerides and D-glucose,
hydrolyzed, potassium salts.
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified as glycolipids,
sophorose-contg., Candida bombicola-fermented, from C16-18 and C18-
unsatd. glycerides and D-glucose, hydrolyzed, sodium salts (P-17-402,
CAS No. 2102536-64-9) is subject to reporting under this section for
the significant new uses described in paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Protection in the workplace. Requirements as specified in Sec.
721.63 (a)(1), (2)(i), (iii), (a)(3), (when determining which persons
are reasonably likely to be exposed as required for Sec. 721.63
(a)(1), engineering control measures (e.g., enclosure or confinement of
the operation, general and local ventilation) or administrative control
measures (e.g., workplace policies and procedures) shall be considered
and implemented to prevent exposure, where feasible), (a)(6)(v), (vi),
(particulate), (b)(concentration set at 1.0%), and (c).
(ii) Hazard communication. Requirements as specified in Sec.
721.72(a) through (e)(concentration set at 1.0%), (f), (g)(1)(i), (ii),
(eye irritation), (g)(2)(i), (ii), (iii), (v), and (g)(5). Alternative
hazard and warning statements that meet the criteria of the Globally
Harmonized System and OSHA Hazard Communication Standard may be used.
(iii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(f). It is a significant new use to
manufacture, process, or use the substance for consumer use or for
commercial uses that could introduce the substance into a consumer
setting. It is a significant new use to manufacture, process, or use
the substance in any manner that results in generation of a vapor,
dust, mist or aerosol.
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (i) are applicable to manufacturers and processors
of this substance.
(2) Limitations or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
Sec. 721.11214 2-Propenoic acid, 2-methyl-, 2-(2-butoxyethoxy)ethyl
ester, polymer with 1,3-butadiene and 2-propenenitrile.
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified as 2-propenoic acid,
2-methyl-, 2-(2-butoxyethoxy)ethyl ester, polymer with 1,3-butadiene
and 2-propenenitrile (PMN P-17-404, CAS No. 2058302-39-7) 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, process, or use the substance in any manner that results
in the generation of spray, mist, aerosol, or respirable particles.
(ii) [Reserved]
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in
[[Page 57655]]
Sec. 721.125(a) through (c) and (i) are applicable to manufacturers
and processors of this substance.
(2) Limitations or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
Sec. 721.11215 Halogenated benzoic acid ethyl ester (generic).
(a)(1) The chemical substances identified generically in the table
of this section are subject to reporting under this section for the
significant new uses described in paragraph (a)(2) of this section.
Table--Halogenated Benzoic Acid Ethyl Esters
------------------------------------------------------------------------
PMN No. Chemical name
------------------------------------------------------------------------
P-17-405........................ Halogenated benzoic acid ethyl ester.
P-17-406........................ Halogenated benzoic acid ethyl ester.
P-17-407........................ Halogenated benzoic acid ethyl ester.
P-17-408........................ Halogenated benzoic acid ethyl ester.
P-17-409........................ Halogenated benzoic acid ethyl ester.
P-17-410........................ Halogenated benzoic acid ethyl ester.
P-17-411........................ Halogenated benzoic acid ethyl ester.
P-17-412........................ Halogenated benzoic acid ethyl ester.
P-17-423........................ Halogenated benzoic acid ethyl ester.
------------------------------------------------------------------------
(2) The significant new uses are:
(i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1), (2)(i), (iv), (3), (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)(v), (vi),
(particulate), (b)(concentration set at 1.0%) and (c).
(iii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(q) and (t). It is a significant new use to
use the substances other than for oil and gas well performance. It is a
significant new use to manufacture or process the substances without
the engineering controls specified in the Order. It is a significant
new use to exceed the kilograms per day limit specified in the Order of
the substances handled at processing and use sites.
(iv) Release to water. Requirements as specified in Sec.
721.90(a)(4), (b)(4), and (c)(4) where N = 8.
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (i) and (k) are applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
(3) Determining whether a specific use is subject to this section.
The provisions of Sec. 721.1725 (b)(1) apply to paragraph (a)(2)(iii)
of this section.
Sec. 721.11216 Halogenated benzoic acid (generic).
(a)(1) The chemical substances identified generically in the table
of this section are subject to reporting under this section for the
significant new uses described in paragraph (a)(2) of this section.
Table--Halogenated Benzoic Acids
------------------------------------------------------------------------
PMN No. Chemical name
------------------------------------------------------------------------
P-17-414.......................... Halogenated benzoic acid.
P-17-415.......................... Halogenated benzoic acid.
P-17-416.......................... Halogenated benzoic acid.
P-17-417.......................... Halogenated benzoic acid.
P-17-418.......................... Halogenated benzoic acid.
P-17-420.......................... Halogenated benzoic acid.
P-17-421.......................... Halogenated benzoic acid.
P-17-422.......................... Halogenated benzoic acid.
P-17-441.......................... Halogenated sodium benzoate.
P-17-442.......................... Halogenated sodium benzoate.
P-17-444.......................... Halogenated sodium benzoate.
P-17-445.......................... Halogenated sodium benzoate.
P-17-446.......................... Halogenated sodium benzoate.
P-17-447.......................... Halogenated sodium benzoate.
P-17-448.......................... Halogenated sodium benzoate.
P-17-449.......................... Halogenated sodium benzoate.
P-17-450.......................... Halogenated benzoic acid.
------------------------------------------------------------------------
(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), (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 with assigned protection factor of
at least 50), (respirators are only required for P17-414 to P17-418,
P17-420 to P17-422, and P17-450), (a)(6)(v), (vi), (particulate),
(b)(concentration set at 1.0%) and (c).
(A) As an alternative to the respirator requirements in paragraph
(a)(2)(i) of this section, a manufacturer or processor may choose to
follow the new chemical exposure limit (NCEL) provision listed in the
TSCA section 5(e) Order for the substances. The NCEL is 0.0184 mg/m3 as
an 8-hour time weighted average. Persons who wish to pursue NCELs as an
alternative to Sec. 721.63 respirator requirements may request to do
so under Sec. 721.30. Persons whose Sec. 721.30 requests to use the
NCELs approach are approved by EPA will be required to follow NCELs
provisions comparable to those contained in the corresponding TSCA
section 5(e) Order.
(B) [Reserved].
(ii) Hazard communication. Requirements as specified in Sec.
721.72 (a) through (e)(concentration set at 1.0%), (f), (g)(1)(i),
(ii), (iii), (iv), (vi), (ix), (g)(2)(i), (ii), (iii), (v), (iv)(use
respiratory protection or maintain workplace airborne concentration at
or below an 8-hour time-weighted average of 0.0184 mg/m\3\) (This
statement only required for P17-414 to P17-418, P17-420 to P17-422, and
P17-450), (g)(3)(i), (ii), and (g)(5). Alternative hazard and warning
statements that meet the criteria of the Globally Harmonized System and
OSHA Hazard Communication Standard may be used.
(iii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(q) and (t). It is a significant new use to
use the substances other than for monitoring well performance. It is a
significant new use to manufacture or process the substances without
the engineering controls specified in the Order. It is a significant
new use to exceed the kilograms per day limit specified in the Order of
the substances handled at processing and use sites. It is a significant
new use to use P17-441 to 442 and P17-444 to P17-449 other than in a
liquid formulation.
(iv) Release to water. Requirements as specified in Sec.
721.90(a)(4), (b)(4), and (c)(4) where N = 460.
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (i) and (k) are applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
(3) Determining whether a specific use is subject to this section.
The provisions of Sec. 721.1725 (b)(1) apply to paragraph (a)(2)(iii)
of this section.
Sec. 721.11217 Certain halogenated sodium benzoate salts.
(a)(1) The chemical substances listed in the table of this section
are subject to reporting under this section for the significant new
uses described in paragraph (a)(2) of this section.
[[Page 57656]]
Table--Halogenated Sodium Benzoate Salts
----------------------------------------------------------------------------------------------------------------
PMN No. CAS No. Chemical name
----------------------------------------------------------------------------------------------------------------
P-17-424............................. 1708942-16-8 Benzoic acid, 2-chloro-3-methyl-, sodium salt (1:1).
P-17-425............................. 1708942-17-9 Benzoic acid, 3-chloro-2-methyl-, sodium salt (1:1).
P-17-426............................. 1708942-15-7 Benzoic acid, 3-chloro-4-methyl-, sodium salt (1:1).
P-17-427............................. 118537-88-5 Benzoic acid, 2-chloro-5-methyl-, sodium salt (1:1).
P-17-428............................. 203261-42-1 Benzoic acid, 4-chloro-2-methyl-, sodium salt (1:1).
P-17-429............................. 1708942-24-8 Benzoic acid, 3-fluoro-2-methyl-, sodium salt (1:1).
P-17-430............................. 1805805-74-6 Benzoic acid, 3- fluoro-4-methyl-, sodium salt (1:1).
P-17-431............................. 1708942-23-7 Benzoic acid, 4- fluoro-2-methyl-, sodium salt (1:1).
P-17-432............................. 1708942-19-1 Benzoic acid, 2- fluoro-4-methyl-, sodium salt (1:1).
P-17-433............................. 1708942-18-0 Benzoic acid, 2- fluoro-3-methyl-, sodium salt (1:1).
P-17-435............................. 1701446-41-4 Benzoic acid, 2- fluoro-3-(trifluoromethyl)-, sodium salt
(1:1).
P-17-436............................. 1708942-20-4 Benzoic acid, 2- fluoro-4-(trifluoromethyl)-, sodium salt
(1:1).
P-17-437............................. 1708942-21-5 Benzoic acid, 2- fluoro-6-(trifluoromethyl)-, sodium salt
(1:1).
P-17-438............................. 1535169-59-5 Benzoic acid, 3- fluoro-5-(trifluoromethyl)-, sodium salt
(1:1).
P-17-439............................. 1701446-39-0 Benzoic acid, 4- fluoro-3-(trifluoromethyl)-, sodium salt
(1:1).
P-17-440............................. 1708942-22-6 Benzoic acid, 4- fluoro-2-(trifluoromethyl)-, sodium salt
(1:1).
----------------------------------------------------------------------------------------------------------------
(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)(v), (vi),
(particulate), (b)(concentration set at 1.0%), and (c).
(ii) Hazard communication. Requirements as specified in Sec.
721.72(a) through (e)(concentration set at 1.0%), (f), (g)(1)(i),
(iii), (iv), (vi), (ix), (g)(2)(i), (ii), (iii), (v), (g)(3)(i), (ii),
and (g)(5). Alternative hazard and warning statements that meet the
criteria of the Globally Harmonized System and OSHA Hazard
Communication Standard may be used.
(iii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(f). It is a significant new use to handle
at a processing or use site more than 50 kilograms per day per site in
aggregate of the PMN substances for solid formulations that generate a
dust. It is a significant new use to use the substances other than as
tracers in aqueous solution, in solid blends with polymers, or in a
solid proppant bead forms to measure flow in deep oil-bearing or gas-
bearing strata.
(iv) Release to water. Requirements as specified in Sec.
721.90(a)(4), (b)(4), and (c)(4) where N = 300.
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (i) and (k) are applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
Sec. 721.11218 Benzoic acid, 2, 3, 6-trifluoro, sodium salt (1:1).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified benzoic acid, 2, 3, 6-
trifluoro, sodium salt (1:1) (P-17-434 and P-17-443, CAS No. 1803845-
07-9) is subject to reporting under this section for the significant
new uses described in paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1), (a)(2)(i), (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)(v), (vi),
(particulate), (b)(concentration set at 1.0%), and (c).
(ii) Hazard communication. Requirements as specified in Sec.
721.72(a) through (e)(concentration set at 1.0%), (f), (g)(1)(i),
(iii), (iv), (vi), (ix), (g)(2)(i), (ii), (iii), (v), and (g)(5).
Alternative hazard and warning statements that meet the criteria of the
Globally Harmonized System and OSHA Hazard Communication Standard may
be used.
(iii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(q). It is a significant new use to
manufacture the substance other than in a liquid formulation and
without the confidential engineering controls specified in the Order
for P-17-443. It is a significant new use to use the substance other
than as a tracer in aqueous solution, a solid blend with polymer, or a
solid proppant bead form to measure flow in deep oil-bearing or gas-
bearing strata or for the confidential use specified in the Order for
P-17-443.
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (i) are applicable to manufacturers and processors
of this substance.
(2) Limitations or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
(3) Determining whether a specific use is subject to this section.
The provisions of Sec. 721.1725 (b)(1) apply to paragraph (a)(2)(iii)
of this section.
Sec. 721.11219 Fatty acids, diesters with dihydroxyalkane, fatty
acids, esters with dihydroxyalkane (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as fatty
acids, diesters with dihydroxyalkane, fatty acids, esters with
dihydroxyalkane (PMN P-18-3) is subject to reporting under this section
for the significant new uses described in paragraph (a)(2) of this
section. The requirements of this section do not apply to quantities of
the substance after they have been reacted (cured).
(2) The significant new uses are:
(i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1), (a)(2)(i), (iii), (iv), (a)(3), (when determining which
persons are
[[Page 57657]]
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)(v), (vi),
(particulate), (b)(concentration set at 1.0%) and (c).
(ii) Hazard communication. Requirements as specified in Sec.
721.72 (a) through (e)(concentration set at 1.0%), (f), (g)(1), (skin
and eye irritation and sensitization), (g)(2)(i), (ii), (iii), (v), and
(g)(5). Alternative hazard and warning statements that meet the
criteria of the Globally Harmonized System and OSHA Hazard
Communication Standard may be used.
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (h) are applicable to manufacturers and processors
of this substance.
(2) Limitations or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
Sec. 721.11220 Substituted carbomonocycle, polymer with halo
substituted heteromonocycle and polyoxyalkylene polymer with
alkylenebis (isocyanatocarbomonocycle) bis
(carbomonocycledicarboxylate), reaction products with alkylamines,
hydrolyzed, (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
substituted carbomonocycle, polymer with halo substituted
heteromonocycle and polyoxyalkylene polymer with
alkylenebis(isocyanatocarbomonocycle) his
(carbomonocycledicarboxylate), reaction products with alkylamines,
hydrolyzed, (P-18-22) 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 completely reacted (cured).
(2) The significant new uses are:
(i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1), (a)(2)(i), (iii), (iv), (a)(3), (a)(4),
(a)(5)(respirators must provide a National Institute for Occupational
Safety and Health with assigned protection factor of at least 50),
(when determining which persons are reasonable 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
exposures, where feasible), (a)(6)(particulate), and (c).
(ii) Hazard communication. Requirements as specified in Sec.
721.72(a) through (d), (f), (g)(1)(ii), (irritation to skin, eyes,
lungs, and mucous membranes), (g)(2)(i), (ii), (iii), (iv), (v), (avoid
eye contact), and (g)(5). Alternative hazard and warning statements
that meet the criteria of the Globally Harmonized System and OSHA
Hazard Communication Standard may be used.
(iii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(f). It is a significant new use to use the
substance other than as primer coating used for corrosion protection.
It is a significant new use to import the substance with an average
molecular weight greater less than 1026 daltons, and with low weight
fractions greater than 15.3% less than 500 daltons and 25% less than
1000 daltons.
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (i) are applicable to manufacturers, importers, and
processors of this substance.
(2) Limitations or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
[FR Doc. 2018-24380 Filed 11-14-18; 8:45 am]
BILLING CODE 6560-50-P