Significant New Use Rules on Certain Chemical Substances, 13531-13543 [2019-06624]
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Federal Register / Vol. 84, No. 66 / Friday, April 5, 2019 / Rules and Regulations
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ENVIRONMENTAL PROTECTION
AGENCY
If
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[EPA–HQ–OPPT–2017–0575; FRL–9991–19–
OCSPP]
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Dated: March 29, 2019.
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[FR Doc. 2019–06655 Filed 4–4–19; 8:45 am]
40 CFR Parts 9 and 721
RIN 2070–AB27
Significant New Use Rules on Certain
Chemical Substances
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is issuing significant new
use rules (SNURs) under the Toxic
Substances Control Act (TSCA) for 13
chemical substances which are the
subject of premanufacture notices
(PMNs). This action requires persons to
notify EPA least 90 days before
commencing manufacture (defined by
statute to include import) or processing
of any of these 13 chemical substances
for an activity that is designated as a
significant new use by this rule. 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 as a
result of that determination.
DATES: This rule is effective on June 4,
2019. For purposes of judicial review,
this rule shall be promulgated at 1 p.m.
(e.s.t.) on April 19, 2019.
FOR FURTHER INFORMATION CONTACT:
For technical information contact:
Kenneth Moss, Chemical Control
Division (7405M), Office of Pollution
Prevention and Toxics, Environmental
Protection Agency, 1200 Pennsylvania
Ave. NW, Washington, DC 20460–0001;
telephone number: (202) 564–9232;
email address: moss.kenneth@epa.gov.
For general information contact: The
TSCA-Hotline, ABVI-Goodwill, 422
South Clinton Ave., Rochester, NY
14620; telephone number: (202) 554–
1404; email address: TSCA-Hotline@
epa.gov.
SUMMARY:
SUPPLEMENTARY INFORMATION:
BILLING CODE 9110–04–P
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I. General Information
A. Does this action apply to me?
You may be potentially affected by
this action if you manufacture, process,
or use the chemical substances
contained in this rule. The following list
of North American Industrial
Classification System (NAICS) codes is
not intended to be exhaustive, but rather
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13531
provides a guide to help readers
determine whether this document
applies to them. Potentially affected
entities may include:
• Manufacturers or processors of one
or more subject chemical substances
(NAICS codes 325 and 324110), e.g.,
chemical manufacturing and petroleum
refineries.
This action may also affect certain
entities through pre-existing import
certification and export notification
rules under TSCA. Chemical importers
are subject to the TSCA section 13 (15
U.S.C. 2612) import certification
requirements promulgated at 19 CFR
12.118 through 12.127 and 19 CFR
127.28. Chemical importers must certify
that the shipment of the chemical
substance complies with all applicable
rules and orders under TSCA. Importers
of chemicals subject to these SNURs
must certify their compliance with the
SNUR requirements. The EPA policy in
support of import certification appears
at 40 CFR part 707, subpart B. In
addition, any persons who export or
intend to export a chemical substance
that is the subject of this rule on or after
May 6, 2019 are subject to the export
notification provisions of TSCA section
12(b) (15 U.S.C. 2611(b)) (see § 721.20),
and must comply with the export
notification requirements in 40 CFR part
707, subpart D.
II. Background
A. What action is the Agency taking?
EPA is finalizing a SNUR under TSCA
section 5(a)(2) for 13 chemical
substances which were the subject of
PMNs P–16–192, P–16–354 and P–16–
355, P–16–380 through P–16–385,
P–16–483 and P–16–484, P–16–575, and
P–16–581. These SNURs require
persons who intend to manufacture or
process any of these chemical
substances for an activity that is
designated as a significant new use to
notify EPA at least 90 days before
commencing that activity.
Previously, in the Federal Register of
October 16, 2018 (83 FR 52179) (FRL–
9984–93), EPA proposed a SNUR for
these 13 chemical substances in 40 CFR
part 721 subpart E. More information on
the specific chemical substances subject
to this final rule can be found in the
Federal Register documents proposing
the SNUR. The record for the SNUR was
established in the docket under docket
ID number EPA–HQ–OPPT–2017–0575.
That docket includes information
considered by the Agency in developing
the proposed and final rules. EPA
received a number of public comments
on this rule. Those comments and EPA’s
responses are found in Unit IV.
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B. What is the Agency’s authority for
taking this action?
Section 5(a)(2) of TSCA (15 U.S.C.
2604(a)(2)) authorizes EPA to determine
that a use of a chemical substance is a
‘‘significant new use.’’ EPA must make
this determination by rule after
considering all relevant factors,
including the four bulleted TSCA
section 5(a)(2) factors listed in Unit III.
Once EPA determines that a use of a
chemical substance is a significant new
use, TSCA section 5(a)(1)(B) requires
persons to submit a significant new use
notice (SNUN) to EPA at least 90 days
before they manufacture or process the
chemical substance for that use (15
U.S.C. 2604(a)(1)(B)(i)). TSCA
furthermore prohibits such
manufacturing or processing from
commencing until EPA has conducted a
review of the notice, made an
appropriate determination on the notice,
and taken such actions as are required
in association with that determination
(15 U.S.C. 2604(a)(1)(B)(ii)). As
described in Unit V., the general SNUR
provisions are found at 40 CFR part 721,
subpart A.
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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,
exemptions to reporting requirements,
and applicability of the rule to uses
occurring before the effective date of the
rule. Provisions relating to user fees
appear at 40 CFR part 700. According to
§ 721.1(c), persons subject to these
SNURs must comply with the same
SNUN requirements and EPA regulatory
procedures as submitters of PMNs under
TSCA section 5(a)(1)(A). In particular,
these requirements include the
information submission requirements of
TSCA section 5(b) and 5(d)(1), the
exemptions authorized by TSCA section
5(h)(1), (h)(2), (h)(3), and (h)(5), and the
regulations at 40 CFR part 720. Once
EPA receives a SNUN, EPA must either
determine that the significant new use
is not likely to present an unreasonable
risk of injury or take such regulatory
action as is associated with an
alternative determination before the
manufacture or processing for the
significant new use can commence. If
EPA determines that the significant new
use is not likely to present an
unreasonable risk, EPA is required
under TSCA section 5(g) to make public,
and submit for publication in the
Federal Register, a statement of EPA’s
findings.
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III. Significant New Use Determination
Section 5(a)(2) of TSCA states that
EPA’s determination that a use of a
chemical substance is a significant new
use must be made after consideration of
all relevant factors, including:
• The projected volume of
manufacturing and processing of a
chemical substance.
• The extent to which a use changes
the type or form of exposure of human
beings or the environment to a chemical
substance.
• The extent to which a use increases
the magnitude and duration of exposure
of human beings or the environment to
a chemical substance.
• The reasonably anticipated manner
and methods of manufacturing,
processing, distribution in commerce,
and disposal of a chemical substance.
In addition to these factors
enumerated in TSCA section 5(a)(2), the
statute authorizes EPA to consider any
other relevant factors.
To determine what would constitute a
significant new use for the chemical
substances that are the subject of these
SNURs, EPA considered relevant
information about the toxicity of the
chemical substances, likely human
exposures and environmental releases
associated with possible uses, and the
four bulleted TSCA section 5(a)(2)
factors listed in this unit.
IV. Public Comments on Proposed Rule
and EPA Responses
EPA received public comments from
15 entities on the proposed rule. The
Agency’s responses are described below.
Anonymous and Generally Supportive
Comments
EPA received a number of anonymous
(and submitter-identified) comments in
support of the Agency’s proposed
Significant New Use Rules (SNURs).
These comments were general in nature,
citing the importance of Agency review
of these 13 chemicals to protect human
health and the environment. No
response is required.
Challenges to Underlying TSCA § 5(a)(3)
Determinations
Comment 1: EPA received multiple
comments regarding the manner in
which these proposed Significant New
Use Rules (SNURs) operate. One
comment requested that, in light of
alleged legal and factual deficiencies,
EPA withdraw both the proposed
SNURs and the underlying ‘‘not likely’’
determinations and instead issue
determinations, section 5(e) orders, and
post-order section 5(f) SNURs based on
a finding that the chemical substances
‘‘may present an unreasonable risk to
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health or the environment’’ under
section 5(a)(3)(B). Another comment
stated that EPA may not rely on ‘‘non5(e) SNURs’’ to make a ‘‘not likely’’
finding under section 5(a)(3)(C) and has
failed to provide a legal and factual
basis for its determination as required
by section 5(g), but nevertheless
supports the need to promulgate these
SNURs at this time because otherwise
there will be no protections at all in
place for these chemical substances. The
commenter stated that EPA found risks
to workers for a number of the chemical
substances subject to these proposed
SNURs, absent protective measures that
EPA expects will be implemented and
will provide sufficient protection, and
that EPA’s risk determination for these
chemicals should not assume there will
be full compliance with all of the
controls recommended in an associated
Safety Data Sheet and that such
compliance would be adequate to
protect workers.
Response: These comments constitute
challenges to certain TSCA § 5(a)(3)
determinations rather than to the basis
for or the content of the SNURs, which
EPA has promulgated using its
discretion to issue SNURs under TSCA
§ 5(a)(2). Because these comments are
not germane to this rulemaking, EPA is
not responding to these comments in
this notice and declines to withdraw the
SNURs on the basis of these comments.
Regardless, EPA has already defended
the legal and factual basis for the TSCA
§ 5(a)(3) determinations that these
comments reference in a prior legal
challenge. See Brief of U.S.
Environmental Protection Agency in
NRDC v. USEPA, 2d Cir. Docket No. 18–
25.
Regulation of Workplace Risks
Comment 2: Several commenters
argued that where EPA finds
unreasonable risks to workers in the
absence of certain protective measures
(e.g., personal protective equipment,
engineering controls, etc.), EPA must
identify as a significant new use any use
of the chemical that occurs without
those protections. Specifically, the
commenters stated that, where EPA
finds unreasonable risk to workers
absent certain protective measures, the
Agency must issue an order to address
workplace risks—as well as consider
promulgating a significant new use
rule—because in these circumstances
‘‘the manufacture, processing,
distribution in commerce, use, or
disposal of such substance, or any
combination of such activities, may
present an unreasonable risk of injury to
health or the environment, without
consideration of costs or other non-risk
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factors, including an unreasonable risk
to a potentially exposed
subpopulation.’’ 15 U.S.C.
2604(e)(1)(A)(ii)(I). In following, the
commenters state EPA ‘‘shall issue an
order . . . to prohibit or limit the
manufacture, processing, distribution in
commerce, use, or disposal of such
substance or to prohibit or limit any
combination of such activities to the
extent necessary to protect against an
unreasonable risk of injury to health or
the environment.’’ Id. § 2604(e)(1)(A).
After issuing that order, EPA must
consider whether to promulgate a
significant new use rule ‘‘that identifies
as a significant new use any
manufacturing, processing, use,
distribution in commerce, or disposal of
the chemical substance that does not
conform to the restrictions imposed by
the * * * order’’ or publish a statement
justifying the decision not to promulgate
the SNUR. 15 U.S.C. 2604(f)(4).
According to the commenters, Congress
spoke clearly and required EPA to
regulate unreasonable risks that a
chemical substance ‘‘may present’’
under TSCA. The commenters contend
that nothing in the text of TSCA allows
EPA to simply assume that sufficient
protective measures will be
implemented to eliminate potential
unreasonable risks; such an assumption
essentially negates TSCA § 5(e), which
could not be Congress’s intention. And,
the commenters claim, EPA cannot find
that a chemical is not likely to present
an unreasonable risk based solely on
EPA’s unjustified ‘‘expectation’’ that
sufficient protective measures will be
implemented . . . EPA effectively found
risks to workers for several chemical
substances subject to these proposed
SNURs, absent protective measures that
EPA simply ‘‘expects’’ will be
implemented and will provide sufficient
protection. Commenters assert that
EPA’s risk determination for these
chemicals should not assume there will
be full compliance with all of the
controls recommended in an associated
Safety Data Sheet and that such
compliance would be adequate to
protect workers. Because EPA relied on
these protective measures in its analysis
of risk, commenters state that EPA
should identify any condition of use
without these protective measures to be
a significant new use, meriting advance
notification to EPA.
Response: To the extent these
comments argue that the Agency should
have issued orders under Section 5(e) or
5(f) of TSCA, EPA believes they are
beyond the scope of the SNUR for
which EPA is specifically soliciting
comments and are properly directed to
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the Section 5(a)(3) determinations that
pertain to the underlying PMNs for the
SNUR. EPA is therefore not responding
to these comments here. However, EPA
is responding to comments that pertain
specifically to the SNUR, i.e., those
regarding the uses that should be subject
to the SNUR, as well as the assertion
that EPA must include certain worker
protection provisions in the SNURs on
the basis of TSCA Section 5(f)(4).
EPA disagrees with the comment that,
with respect to scenarios where EPA
expects that worker protection
requirements under other federal/state
authorities would mitigate risks to
workers, EPA must designate all uses
without those protections as ‘‘significant
new uses’’. Section 5(a)(2) of TSCA does
not mandate that any specific uses be
designated as significant. Instead, EPA
has discretion as to which new uses to
designate as significant. As mentioned
in the ‘‘not likely’’ determination
documents for the subject PMNs in this
batch SNUR (see https://www.epa.gov/
reviewing-new-chemicals-under-toxicsubstances-control-act-tsca/chemicalsdetermined-not-likely), in exercising its
discretion regarding which new uses
should be designated as significant
under section 5(a)(2), EPA expects
compliance with federal and state laws,
such as worker protection standards or
disposal restrictions, unless casespecific facts indicate otherwise.
Further, any workplace risks will be
mitigated if exposures are appropriately
controlled, and EPA expects that
employers will require and workers will
use the appropriate controls (e.g.,
personal protective equipment such as
impervious gloves and/or respirators),
consistent with the Safety Data Sheet
prepared by the PMN submitter, in a
manner adequate to protect them.
With respect to comments regarding
TSCA Section 5(f)(4), EPA notes that
because no applicable TSCA Section
5(e) or 5(f) orders have been issued, the
requirements of TSCA Section 5(f)(4) are
not triggered. Therefore, EPA need not
make changes in the proposed SNUR to
correspond to Section 5(e) and 5(f)
orders that have not been issued.
SNURs Lack Provisions To Notify
Downstream Processors and Users of
Agency Concerns
Comment 3: One commenter
suggested that the proposed SNURs lack
notification requirements for worker
protection and hazard communication
programs to ensure that risks to workers
and the public from downstream
activities are identified and addressed
and fail to provide notice to
downstream processors and users of the
PMN substance’s environmental effects
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and EPA’s required limits on release to
water.
Response: 40 CFR 721.5 requires
manufacturers and processors to either
file a SNUN before distributing the
chemical substance in commerce or
notify downstream customers of the
existence of a SNUR on a particular
chemical substance (or determine that
such users have notice). Thus, one of
two possibilities will occur: (1)
Downstream customers do receive
notice of the SNUR, or (2) notification
of downstream uses becomes
unnecessary because the manufacturer
or processors submits a SNUN to EPA,
and the Agency either determines that
such manufacture and processing is not
likely to present unreasonable risk, or
takes appropriate regulatory action to
address the risks.
Impact on Downstream Users
Comment 4: One commenter similarly
identified impacts of SNURs on
downstream users who ‘‘often must
struggle to figure out when a product
they use is covered by a SNUR,’’
particularly when the proposed SNUR
provides only the generic name of a
confidential chemical substance, or
when the proposed SNUR covers the
use of a chemical substance in an
article. The comment also notes that the
burden and compliance risks are
greatest when the proposed SNUR
contains reporting requirements. The
commenter indicates that downstream
users may depend on voluntary
disclosure by the supplier or a
downstream formulator/distributor, in
contrast to the mandatory reporting
requirements in place under a 5(e)
order. The comment concludes that EPA
should take steps to close the gap
between proposal and finalization of
SNURs by finalizing SNURs
expeditiously, by notifying submitters of
EPA’s likelihood of promulgating a
SNUR, and by requesting companies
alert downstream users of impending
SNURs.
Response: The Agency is aware of the
impacts of the issuance of a SNUR,
including and beyond those specific to
the actual TSCA notification
requirement. EPA’s focus is to take
appropriate action under TSCA to
control potential risks to human health
or the environment from exposure or
release of a new chemical, including
requiring notification of potential
significant new uses.
CBI and Disclosure of Health and Safety
Information
Comment 5: EPA received multiple
comments critical of EPA’s process in
promulgating the proposed SNURs. One
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comment requested that EPA extend the
comment period and make CBI available
for review with appropriate safeguards
to avoid depriving the public of a
meaningful opportunity to participate.
The commenter stated that TSCA does
not extend CBI protection to any health
and safety study which is submitted
under TSCA, including underlying
information and occupational exposure
studies. In addition to the scientific
analyses developed by EPA (e.g.,
engineering reports, Structure Activity
Team reports), which fall under this
definition, other information that is
generally required to be submitted with
PMNs, such as toxicity studies,
information on worker exposure, and
the majority of information in Safety
Data Sheets, also fall under this
definition. EPA must disclose this
information to the public. Despite these
mandates, the commenter argues that
EPA has failed to disclose this health
and safety information. The comment
states that EPA’s SAT reports,
engineering reports, and exposure
reports all constitute or contain health
and safety information that EPA must
disclose, yet for P–16–575 (as an
example provided by the commenter)
EPA has largely redacted these
documents.
Response: EPA recognizes that TSCA
Section 14 does not protect from
disclosure certain confidential
information described in Section 14(b),
including health and safety information.
However, Section 14 does not require
that EPA make a final confidentiality
determination for all information
submitted under TSCA and claimed as
CBI as part of a PMN review, and EPA
has not made a determination regarding
the eligibility for confidential treatment
of the information referenced in the
comment. Here, EPA balanced the need
for sufficient information in the public
record to fully explain the bases for its
decisions with the protections for CBI in
section 14. With regard to EPA technical
support reports underlying the section 5
determination, they are not covered by
section 14(b)(2), which specifically
refers to health and safety studies
submitted to EPA. EPA provided
sufficient information in the public
record to fully explain the bases for its
decisions while preserving the
submitter’s confidentiality claims
through generally accepted means,
including the aggregation of certain data
in the public docket, presentation of
ranges of values, or masking of
manufacturing site locations to prevent
CBI disclosure.
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Identifying ‘‘Significant New Uses’’ for
SNURs
Comment 6: The commenter
considers the approach taken for these
proposed SNURs that found ‘‘not likely
to present an unreasonable risk’’ under
the conditions of use described in the
PMNs to be generally consistent with
the requirements of the 2016
amendments to TSCA. To the extent
that this approach also represents
potential improvements in the Agency’s
ability to provide more timely review of
PMNs, the commenter supports the
approach. The commenter encourages
EPA to take a risk-based approach—
with particular focus on changes
occurring in the conditions of use of a
substance that can affect exposure (i.e.,
human exposure and environmental
releases)—in identifying what changes
in the conditions of use that will
constitute significant new uses, and to
consider the potential burden on
downstream users when designating
potential new uses to be significant. The
commenter further encouraged EPA to
use its discretion to consider ‘‘all
relevant factors,’’ including the cost of
submitting SNUNs, the burden of
compliance with SNUR reporting
requirements such as Chemical Data
Reporting (CDR) and TSCA section 12(b)
export notification reporting, and the
compliance risk caused by vague
regulations, in promulgating 5(a)(2)
SNURs to minimize regulatory burdens
on downstream users.
Response: EPA agrees that it should—
and does—identify significant new uses
only after consideration of the ‘‘relevant
factors’’ identified in TSCA section
(a)(2) ((1) the ‘‘projected manufacturing
or processing volume of a chemical
substance’’; (2) the ‘‘type or form of
exposure of human beings or the
environment’’ to the chemical
substance; (3) the ‘‘magnitude and
duration of exposure of human beings or
the environment’’ to the environment;
and (4) the ‘‘reasonably anticipated
manner and methods of manufacturing,
processing, distribution in commerce,
and disposal’’ of the chemical
substance). However, the Agency
typically does not have all of the data
specific enough for each of the
aforementioned factors to support risk
assessment(s) for anticipated changes
that are not part of the PMN. Hence,
such information would be provided if
and when a SNUN is submitted that
would provide such information for the
significant new use. Another commenter
supported this approach, explaining
that future risks not contemplated in the
PMN will be addressed by analysis of a
significant new use notice (SNUN)
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which streamlines the current system
which typically runs much longer than
90 days proscribed in TSCA. As to other
regulatory requirements such as CDR or
export notification, the Agency
understands the impact and coordinates
with those programs to eliminate
inefficiencies. Furthermore, the Agency
flags chemical substances on the TSCA
Inventory that are regulated with a
SNUR. For interpretation of SNUR
notification requirements, the regulated
community is encouraged to contact the
Agency by using the options outlined in
the ADDRESSES and FOR FURTHER
INFORMATION CONTACT sections of the
SNUR preamble.
Catch-All Significant New ‘‘Use’’
Comment 7: One commenter
suggested that EPA should generally
designate as a significant new use any
use of a chemical substance other than
the uses EPA evaluated in its PMN
review and determined are not likely to
present an unreasonable risk. In
particular, the commenter identified P–
16–192, P–16–380–385, and 16–575, as
SNURs for which other types of triggers
for notification (e.g., manufacture in a
certain physical form, or manufacture,
processing, or use to result in inhalation
exposure) were used. Although the
commenter supports inclusion of these
triggers, it comments that EPA must also
require notification for use other than
that which EPA has reviewed.
Response: Commenters suggested
approach is overly broad. TSCA requires
that EPA evaluate new chemicals under
their conditions of use, including the
intended, known and reasonably
foreseen circumstances of manufacture,
processing, distribution in commerce,
use and disposal. Based upon EPA’s
review of the relevant PMNs, the
Agency identified uses that are
appropriate for designation as
‘‘significant new uses’’ in order to
ensure that EPA has an opportunity to
review those uses in a SNUN
submission at a later date and address
any unreasonable risks at that time.
TSCA § 5(a)(2) does not require EPA to
take the catch-all approach advocated
by commenters, and EPA believes a
more tailored approach is warranted to
avoid unduly burdensome regulations.
Being More Specific in 40 CFR 721.80
Comment 8: One commenter
suggested that EPA must clearly specify
the cross references to EPA’s general
regulations in the SNURs. A number of
proposed SNURs state that the
significant new uses are ‘‘requirements
as specified in 721.80.’’ Since 40 CFR
721.80 contains 25 possible significant
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new use designations, this is
misleading.
Response: The Agency understands
the confusion. Where one of the 25
specific significant new use
designations in 721.80 is not being used,
in the interest of transparency and
clarity, the Agency generally lists
‘‘Industrial, commercial, and consumer
activities. Requirements as specified in
§ 721.80’’ and follows with a complete
sentence describing the actual activity.
EPA will modify its approach so that
where it is not citing a specific
designation in 721.80, the Agency will
drop the phrase ‘‘Requirements as
specified in § 721.80.’’ For example, the
SNUR at 40 CFR 721.11182 is finalized
simply as:
(i) Industrial, commercial, and
consumer activities. It is a significant
new use to manufacture the substance
other than in an amorphous form.
In response to this comment, the
Agency is making a similar change to
these 721.80 designations in all the final
SNURs in this batch rule, except the
SNURs at 721.11190 and 721.11191.
Those two SNURs specifically cite
721.80(j), which is the confidential use
identified in the associated PMN
submission for those SNURs.
Regulatory Burden of SNURs for Safer
Chemicals
Comment 9: One comment was
regarding an enzyme used in the
polymerization of glucose that would be
subject to a proposed SNUR due to
concerns with respiratory sensitization.
The commenter stated that enzymes are
recognized to have a positive and
sustainable environmental profile and
inherently low toxicity compared to
other chemicals, and that this SNUR is
a signal that it will be significantly more
challenging to bring new enzymes to
market and may decrease innovation
that can address global challenges as
highlighted by the UN Sustainable
Development Goals. The commenter
additionally voiced concern for the
lengthy review time for PMN
submissions.
Response: To the extent commenter is
disputing the outcome of a PMN review,
these comments are more properly
directed to the specific PMN
determination and not this SNUR
rulemaking. As mentioned previously in
the response to Comment 1, this
comment constitutes challenges to the
corresponding TSCA § 5(a)(3)
determinations rather than to the basis
for or the content of the SNURs, which
EPA has promulgated using its
discretion to issue SNURs under TSCA
§ 5(a)(2). Nonetheless, the Agency is
aware of, and working to remedy, the
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increased length of time it has been
taking to review and reach decision on
section 5 notices as it implements the
amendments to TSCA.
Non-Animal Testing
Comment 10: One commenter
supports this approach of addressing
potential risks that the subject
chemicals may present under
reasonably foreseen conditions of use,
while finding that under the intended
conditions of use, they are not likely to
present unreasonable risks. In contrast,
the commenter states, in its early
implementation of the amended TSCA,
EPA addressed such potential risks in
consent agreements with PMN
submitters. In these cases, the
commenter notes, EPA frequently
required health and ecotoxicity testing,
including hundreds of vertebrate animal
tests requiring tens of thousands of
animals. The commenter therefore
supports EPA’s new approach, which is
consistent with TSCA’s requirements to
reduce and replace the use of vertebrate
animals in the testing of chemical
substances and promote the
development and timely incorporation
of new test methods and strategies that
are not based on vertebrate animals. In
addition, it protects human health and
the environment by addressing potential
risks when the conditions of use under
which they arise are intended, either as
identified in PMNs or in SNUNs, while
reducing the burden on PMN submitters
and streamlining the review process.
Response: As mentioned in the
preamble to this SNUR, any
recommendation for information
identified by EPA was made based on
EPA’s consideration of available
screening-level data, if any, as well as
other available information on
appropriate testing for the chemical
substance. Further, any such testing
identified by EPA that includes testing
on vertebrates was made after
consideration of available toxicity
information, computational toxicology
and bioinformatics, and highthroughput screening methods and their
prediction models. EPA also recognizes
that whether testing/further information
is needed will depend on the specific
exposure and use scenario in the SNUN.
EPA encourages all SNUN submitters to
contact EPA to discuss any potential
future testing. Furthermore, pursuant to
TSCA section 4(h), which pertains to
reduction of testing in vertebrate
animals, EPA encourages consultation
with the Agency on the use of
alternative test methods and strategies
(also called New Approach
Methodologies, or NAMs), if available,
to generate the recommended test data.
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EPA encourages dialog with Agency
representatives to help determine how
best the submitter can meet both the
data needs and the objective of TSCA
section 4(h).
Do Not Use SNURs as Information
Gathering Tool, Tracking Tool
Comment 11: One commenter urged
EPA to not rely on SNURs as tools for
tracking use and production of chemical
or for otherwise gathering potentially
useful information, but instead
suggested that EPA rely on provisions
like section 8 which specifically
authorize such acts.
Response: EPA is not issuing a
requirement to develop any data or
information as a result of these SNURs.
It is the responsibility of a SNUN
submitter to provide any such
information as required by TSCA
section 5 and SNUN regulations at 40
CFR part 721. Regarding potentially
useful information, EPA encourages all
SNUN submitters to contact EPA to
discuss any potential future testing.
Furthermore, pursuant to TSCA section
4(h), which pertains to reduction of
testing in vertebrate animals, EPA
encourages consultation with the
Agency on the use of alternative test
methods and strategies (also called New
Approach Methodologies, or NAMs), if
available, to generate the recommended
test data. EPA encourages dialog with
Agency representatives to help
determine how best the submitter can
meet both the data needs and the
objective of TSCA section 4(h).
V. Substances Subject to This Rule
EPA is establishing significant new
use and recordkeeping requirements for
13 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 SNUR.
• Information identified by EPA that
would help characterize the potential
health and/or environmental effects of
the chemical substances if a
manufacturer or processor is
considering submitting a SNUN for a
significant new use designated by the
SNUR.
This information may include testing
not required to be conducted but which
would help characterize the potential
health and/or environmental effects of
the PMN substance. Any
recommendation for information
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identified by EPA was made based on
EPA’s consideration of available
screening-level data, if any, as well as
other available information on
appropriate testing for the chemical
substance. Further, any such testing
identified by EPA that includes testing
on vertebrates was made after
consideration of available toxicity
information, computational toxicology
and bioinformatics, and highthroughput screening methods and their
prediction models. EPA also recognizes
that whether testing/further information
is needed will depend on the specific
exposure and use scenario in the SNUN.
EPA encourages all SNUN submitters to
contact EPA to discuss any potential
future testing. See Unit VIII. for more
information.
• CFR citation assigned in the
regulatory text section of these rules.
The regulatory text section of these
rules specifies the activities designated
as significant new uses. Certain new
uses, including production volume
limits and other uses designated in the
rules, may be claimed as CBI.
The chemical substances that are the
subject of these SNURs completed
premanufacture review. EPA has
initially determined under TSCA
section 5(a)(2), 15 U.S.C. 2604(a)(2), that
certain changes from the conditions of
use described in the PMNs could result
in changes in the type or form of
exposure to the chemical substances
and/or increased exposures to the
chemical substances and/or changes in
the reasonably anticipated manner and
methods of manufacturing, processing,
distribution in commerce, and disposal
of the chemical substances.
Consequently, EPA is designating these
changes as significant new uses.
PMN Number: P–16–192
Chemical Name: Silanized
amorphous silica (generic).
CAS Number: Not available.
Basis for action: The PMN states that
the use of the substance will be as a
reinforcing filler for the production of
rubber goods. Based on test data for
crystalline silica, EPA identified
concerns for lung effects if the chemical
substance is not used following the
limitations noted below. The conditions
of use of the PMN substance as
described in the PMN include the
following protective measures:
Manufacture of the PMN substance in
an amorphous form.
The SNUR designates as a ‘‘significant
new use’’ the absence of this protective
measure.
Potentially useful information: EPA
has determined that certain information
about the physical-chemical properties
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of the PMN substance may be
potentially useful if a manufacturer or
processor is considering submitting a
SNUN for a significant new use
designated by this SNUR. EPA has
determined that information about the
physical form, particle size, and water
solubility would help characterize the
potential health effects of the PMN
substance.
CFR citation: 40 CFR 721.11182.
PMN Numbers: P–16–354 and P–16–355
Chemical name: Esteramine (generic).
CAS number: Not available.
Basis for action: The PMNs state that
the generic (non-confidential) use of the
substances will be as a chemical
intermediate. Based on the physical/
chemical properties of the PMN
substances and Structure Analysis
Relationships (SAR) analysis of test data
on analogous substances, EPA has
identified concerns for irritation and
developmental/reproductive toxicity,
and aquatic toxicity at surface water
concentrations exceeding 1 part per
billion (ppb), if the chemical substances
are not used following the limitations
noted below. The conditions of use of
the PMN substances as described in the
PMNs include the following protective
measures:
1. No release of a manufacturing,
processing, or use stream associated
with any use of the substances, other
than the confidential chemical
intermediate use described in the PMNs,
into the waters of the United States
exceeding a surface water concentration
of 1 ppb; and
2. No manufacturing, processing or
use of the PMN substances resulting in
inhalation exposures to the substances.
The SNUR designates as a ‘‘significant
new use’’ the absence of these protective
measures.
Potentially useful information: EPA
has determined that certain information
about the aquatic and human health
toxicity of the PMN substances may be
potentially useful to characterize the
health and environmental effects of the
PMN substances if a manufacturer or
processor is considering submitting a
SNUN for a significant new use
designated by this SNUR. EPA has
determined that the results of specific
organ toxicity and aquatic toxicity
testing would help characterize the
potential health and environmental
effects of the PMN substances.
CFR citation: 40 CFR 721.11183.
PMN Numbers: P–16–380, P–16–381,
P–16–382, P–16–383, P–16–384, and
P–16–385
Chemical Names: Formic acid,
compds. with hydrolyzed bisphenol A-
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epichlorohydrin-polyethylene glycol
ether with bisphenol A (2:1) polymerN1-(1,3-dimethylbutylidene)-N2-[2-[(1,
3-dimethylbutylidene)amino]ethyl]-1,2ethanediamine-dialdehyde-2(methylamino)ethanol reaction products
acetates (salts), (generic) (P–16–380),
propanoic acid, 2-hydroxy-, compds.
with hydrolyzed bisphenol Aepichlorohydrin-polyethylene glycol
ether with bisphenol A (2:1) polymerN1-(1,3-dimethylbutylidene)-N2-[2-[(1,
3-dimethylbutylidene)amino]ethyl]-1,2ethanediamine-dialdehyde-2(methylamino)ethanol reaction products
formates (salts), (generic) (P–16–381),
formic acid, compds. with hydrolyzed
bisphenol A-epichlorohydrinpolyethylene glycol ether with
bisphenol A (2:1) polymer-N1-(1,3dimethylbutylidene)-N2-[2-[(1, 3dimethylbutylidene)amino] ethyl]-1,2ethanediamine-dialdehyde-2(methylamino)ethanol reaction products
sulfamates (salts), (generic) (P–16–382),
formic acid, compds. with hydrolyzed
bisphenol A-epichlorohydrinpolyethylene glycol ether with
bisphenol A (2:1) polymer-N1-(1,3dimethylbutylidene)-N2-[2-[(1, 3dimethylbutylidene)amino] ethyl]-1,2ethanediamine-dialdehyde-2(methylamino)ethanol reaction products
acetates (salts), (generic) (P–16–383),
propanoic acid, 2-hydroxy-, compds.
with hydrolyzed bisphenol Aepichlorohydrin-polyethylene glycol
ether with bisphenol A (2:1) polymerN1-(1,3-dimethylbutylidene)-N2-[2-[(1,
3-dimethylbutylidene)amino]ethyl]-1,2ethanediamine-dialdehyde-2(methylamino)ethanol reaction products
formates (salts), (generic) (P–16–384),
formic acid, compds. with hydrolyzed
bisphenol A-epichlorohydrinpolyethylene glycol ether with
bisphenol A (2:1) polymer-N1-(1,3dimethylbutylidene)-N2-[2-[(1, 3dimethylbutylidene)amino]ethyl]-1,2ethanediamine-dialdehyde-2(methylamino)ethanol reaction products
sulfamates (salts), (generic) (P–16–385).
CAS Numbers: Not available.
Basis for action: The PMNs state that
the generic (non-confidential) use of the
substances will be as a component of an
electrocoat resin. Based on the physical/
chemical properties of the PMN
substances and test data on analogous
substances, EPA has identified concerns
for lung effects and toxicity to aquatic
organisms at concentrations that exceed
16 ppb if the chemical substances are
not used following the limitations noted
below. The conditions of use of the
PMN substances as described in the
PMNs include the following protective
measures:
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1. No manufacturing, processing or
use of the PMN substances resulting in
inhalation exposures to the substances;
and
2. No release of a manufacturing,
processing, or use stream associated
with any use of the substances
exceeding a surface water concentration
of 16 ppb.
The SNUR designates as a ‘‘significant
new use’’ the absence of these protective
measures.
Potentially useful information: EPA
has determined that certain information
about the health and environmental
effects of the PMN substances may be
potentially useful if a manufacturer or
processor is considering submitting a
SNUN for a significant new use
designated by this SNUR. EPA has
determined that the results of specific
target organ, pulmonary, and acute
aquatic toxicity testing would help
characterize the potential health and
environmental effects of the PMN
substances.
CFR citation: 40 CFR 721.11184 (P–
16–380); 40 CFR 721.11185 (P–16–381);
40 CFR 721.11186 (P–16–382); 40 CFR
721.11187 (P–16–383); 40 CFR
721.11188 (P–16–384); and 40 CFR
721.11189 (P–16–385).
PMN Numbers: P–16–483 and P–16–484
Chemical names: Inorganic acids,
metal salts, compds. with modified
heteroaromatics, (generic) (P–16–483)
and Inorganic acids, metal salts,
compds. with substituted aromatic
heterocycle, (generic) (P–16–484).
CAS numbers: Not available.
Basis for action: The PMNs state that
the generic (non-confidential) use of P–
16–483 will be as a plastic additive and
the generic (non-confidential) use of P–
16–484 will be as a chemical
intermediate. Based on test data
submitted on P–16–483 and data for
analogous compounds, EPA has
identified concerns for irritation,
specific organ effects, and aquatic
toxicity if the chemical is not used
following the limitations noted below.
The conditions of use of the PMN
substances as described in the PMNs
include the following protective
measures:
1. No use of the substances other than
the confidential use described in the
PMNs;
2. No release of a manufacturing,
processing, or use stream associated
with any use of the substances
exceeding a surface water concentration
of 34 ppb; and
3. No manufacturing, processing or
use of the PMN substances without the
engineering controls described in the
PMNs to limit exposure to dust.
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The SNUR designates as a ‘‘significant
new use’’ the absence of these protective
measures.
Potentially useful information: EPA
has determined that certain information
about the human health and
environmental toxicity of the PMN
substances may be potentially useful to
characterize the effects of the PMN
substances if a manufacturer or
processor is considering submitting a
SNUN for a significant new use
designated by this SNUR. EPA has
determined that the results of aquatic
toxicity and specific organ toxicity and
aquatic toxicity testing would help
characterize the potential health and
environmental effects of the PMN
substances.
CFR citations: 40 CFR 721.11190
(P–16–683) and 40 CFR 721.11191
(P–16–684).
PMN Number: P–16–575
Chemical name: Glucosyltransferase.
International Union of Biochemistry and
Molecular Biology Number: 2.4.1.5.
CAS number: 9032–14–8.
Basis for action: The PMN states that
the use of the substance will be for
polymerization of glucose. Based on the
allergenic properties of proteins and
review of surrogate enzymatic protein
data submitted, EPA has identified
concerns for respiratory sensitization if
the chemical is not used following the
limitations noted below. The conditions
of use of the PMN substance as
described in the PMN include the
following protective measure:
No manufacture, processing, or use of
the PMN substance that results in
inhalation exposures to the substance.
The SNUR designates as a ‘‘significant
new use’’ the absence of this protective
measure.
Potentially useful information: EPA
has determined that certain information
about the workplace exposure to the
PMN substance may be potentially
useful to characterize the health effects
of the PMN substance if a manufacturer
or processor is considering submitting a
SNUN for a significant new use
designated by this SNUR. EPA has
determined that the results of workplace
air monitoring would help characterize
the potential health effects of the PMN
substance.
CFR citation: 40 CFR 721.11192.
PMN Number: P–16–581
Chemical name: Alpha 1,3polysaccharide (generic).
CAS number: Not available.
Basis for action: The PMN states that
the uses of the substance will be as a
polymer additive, paper coating
component, composite component, and
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fiber additive. Based on analogy to high
molecular weight polymers, EPA has
identified concerns for lung effects if the
chemical is not used following the
limitations noted below. The conditions
of use of the PMN substance as
described in the PMN include the
following protective measures:
1. No use of the substance other than
the uses described in the PMN; and
2. No manufacture, processing, or use
with particle size less than 10
micrometers.
The SNUR designates as a ‘‘significant
new use’’ the absence of these protective
measures.
Potentially useful information: EPA
has determined that certain information
about the toxicity of the PMN substance
may be potentially useful to characterize
the health effects of the PMN substance
if a manufacturer or processor is
considering submitting a SNUN for a
significant new use designated by this
SNUR. EPA has determined that the
results of pulmonary effects toxicity
testing of the PMN substance may be
potentially useful in characterizing the
health effects of the PMN substance.
CFR citation: 40 CFR 721.11193.
VI. Rationale and Objectives of the Rule
A. Rationale
During review of the PMNs submitted
for the chemical substances that are the
subject of these SNURs and as further
discussed in Unit IV, EPA identified
certain reasonably foreseen conditions
of use and other circumstances different
from the intended conditions of use
identified in the PMNs and determined
that those changes could result in
changes in the type or form of exposure
to the chemical substances and/or
increased exposures to the chemical
substances and/or changes in the
reasonably anticipated manner and
methods of manufacturing, processing,
distribution in commerce, and disposal
of the chemical substances.
B. Objectives
EPA is issuing these SNURs for
specific chemical substances which
have undergone premanufacture review
because the Agency wants to achieve
the following objectives with regard to
the significant new uses designated in
this rule:
• EPA will receive notice of any
person’s intent to manufacture or
process a listed chemical substance for
the described significant new use before
that activity begins.
• EPA will have an opportunity to
review and evaluate data submitted in a
SNUN before the notice submitter
begins manufacturing or processing a
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listed chemical substance for the
described significant new use.
• EPA is obligated to make a
determination under TSCA section
5(a)(3) regarding the use described in
the SNUN, under the conditions of use.
The Agency will either determine under
section 5(a)(3)(C) that the significant
new use is not likely to present an
unreasonable risk, including an
unreasonable risk to a potentially
exposed or susceptible subpopulation
identified as relevant by the
Administrator under the conditions of
use, or make a determination under
section 5(a)(3)(A) or (B) and take the
required regulatory action associated
with the determination, before
manufacture or processing for the
significant new use of the chemical
substance can occur.
• EPA will identify as significant new
uses any manufacturing, processing,
use, distribution in commerce, or
disposal that does not conform to the
restrictions imposed by the underlying
Orders, consistent with TSCA section
5(f)(4).
Issuance of a SNUR for a chemical
substance does not signify that the
chemical substance is listed on the
TSCA Chemical Substance Inventory
(TSCA Inventory). Guidance on how to
determine if a chemical substance is on
the TSCA Inventory is available on the
internet at https://www.epa.gov/opptintr/
existingchemicals/pubs/tscainventory/
index.html.
VII. Applicability of the Significant
New Use Designation
To establish a significant new use,
EPA must determine that the use is not
ongoing. The chemical substances
subject to this rule have undergone
premanufacture review. In cases where
EPA has not received a notice of
commencement (NOC) and the chemical
substance has not been added to the
TSCA Inventory, no person may
commence such activities without first
submitting a PMN. Therefore, for
chemical substances for which an NOC
has not been submitted EPA concludes
that the designated significant new uses
are not ongoing.
EPA designated October 9, 2018 (the
date of web posting of the proposed
rule) as the cutoff date for determining
whether the new use is ongoing. The
objective of EPA’s approach has been to
ensure that a person could not defeat a
SNUR by initiating a significant new use
before the effective date of the final rule.
In the unlikely event that a person
began commercial manufacture or
processing of the chemical substances
for a significant new use identified as of
October 9, 2018, that person will have
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to cease any such activity upon the
effective date of the final rule. To
resume their activities, that person
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
notice, and has taken such actions as are
required with that determination.
VIII. Development and Submission of
Information
EPA recognizes that TSCA section 5
does not require development of any
particular new information (e.g.,
generating test data) before submission
of a SNUN. There is an exception: If a
person is required to submit information
for a chemical substance pursuant to a
rule, order or consent agreement under
TSCA section 4 (15 U.S.C. 2603), then
TSCA section 5(b)(1)(A) (15 U.S.C.
2604(b)(1)(A)) requires such information
to be submitted to EPA at the time of
submission of the SNUN.
In the absence of a rule, order, or
consent agreement under TSCA section
4 covering the chemical substance,
persons are required only to submit
information in their possession or
control and to describe any other
information known to or reasonably
ascertainable by them (see § 720.50).
However, upon review of PMNs and
SNUNs, the Agency has the authority to
require appropriate testing. Unit IV. lists
potentially useful information for all
SNURs listed here. Descriptions are
provided for informational purposes.
The potentially useful information
identified in Unit IV. will be useful to
EPA’s evaluation in the event that
someone submits a SNUN for the
significant new use. Companies who are
considering submitting a SNUN are
encouraged, but not required, to develop
the information on the substance, which
may assist with EPA’s analysis of the
SNUN.
EPA strongly encourages persons,
before performing any testing, to consult
with the Agency pertaining to protocol
selection. Furthermore, pursuant to
TSCA section 4(h), which pertains to
reduction of testing in vertebrate
animals, EPA encourages consultation
with the Agency on the use of
alternative test methods and strategies
(also called New Approach
Methodologies, or NAMs), if available,
to generate the recommended test data.
EPA encourages dialog with Agency
representatives to help determine how
best the submitter can meet both the
data needs and the objective of TSCA
section 4(h).
The potentially useful information
described in Unit IV. may not be the
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only means of providing information to
evaluate the chemical substance
associated with the significant new
uses. However, submitting a SNUN
without any test data may increase the
likelihood that EPA will take action
under TSCA section 5(e) or 5(f). 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.
IX. Procedural Determinations
By this rule, EPA is establishing
certain significant new uses which have
been claimed as CBI subject to Agency
confidentiality regulations at 40 CFR
part 2 and 40 CFR part 720, subpart E.
Absent a final determination or other
disposition of the confidentiality claim
under 40 CFR part 2 procedures, EPA is
required to keep this information
confidential. EPA promulgated a
procedure to deal with the situation
where a specific significant new use is
CBI, at § 721.1725(b)(1).
Under these procedures a
manufacturer or processor may request
EPA to determine whether a proposed
use would be a significant new use
under the rule. The manufacturer or
processor must show that it has a bona
fide intent to manufacture or process the
chemical substance and must identify
the specific use for which it intends to
manufacture or process the chemical
substance. If EPA concludes that the
person has shown a bona fide intent to
manufacture or process the chemical
substance, EPA will tell the person
whether the use identified in the bona
fide submission would be a significant
new use under the rule. Since most of
the chemical identities of the chemical
substances subject to these SNURs are
also CBI, manufacturers and processors
can combine the bona fide submission
under the procedure in § 721.1725(b)(1)
with that under § 721.11 into a single
step.
If EPA determines that the use
identified in the bona fide submission
would not be a significant new use, i.e.,
the use does not meet the criteria
specified in the rule for a significant
new use, that person can manufacture or
process the chemical substance so long
as the significant new use trigger is not
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met. In the case of a production volume
trigger, this means that the aggregate
annual production volume does not
exceed that identified in the bona fide
submission to EPA. Because of
confidentiality concerns, EPA does not
typically disclose the actual production
volume that constitutes the use trigger.
Thus, if the person later intends to
exceed that volume, a new bona fide
submission would be necessary to
determine whether that higher volume
would be a significant new use.
X. SNUN Submissions
According to § 721.1(c), persons
submitting a SNUN must comply with
the same notification requirements and
EPA regulatory procedures as persons
submitting a PMN, including
submission of test data on health and
environmental effects as described in 40
CFR 720.50. SNUNs must be submitted
on EPA Form No. 7710–25, generated
using e-PMN software, and submitted to
the Agency in accordance with the
procedures set forth in 40 CFR 720.40
and § 721.25. E–PMN software is
available electronically at https://
www.epa.gov/opptintr/newchems.
XI. Economic Analysis
EPA has evaluated the potential costs
of establishing SNUN requirements for
potential manufacturers and processors
of the chemical substances subject to
this rule. EPA’s complete economic
analysis is available in the docket under
docket ID number EPA–HQ–OPPT–
2017–0366.
XII. Statutory and Executive Order
Reviews
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A. Executive Order 12866
This action establishes SNURs for
several new chemical substances that
were the subject of PMNs and TSCA
section 5(e) consent orders. The Office
of Management and Budget (OMB) has
exempted these types of actions from
review under Executive Order 12866,
entitled ‘‘Regulatory Planning and
Review’’ (58 FR 51735, October 4, 1993).
B. Paperwork Reduction Act (PRA)
According to PRA (44 U.S.C. 3501 et
seq.), an agency may not conduct or
sponsor, and a person is not required to
respond to a collection of information
that requires OMB approval under PRA,
unless it has been approved by OMB
and displays a currently valid OMB
control number. The OMB control
numbers for EPA’s regulations in title 40
of the CFR, after appearing in the
Federal Register, are listed in 40 CFR
part 9, and included on the related
collection instrument or form, if
applicable. EPA is amending the table in
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40 CFR part 9 to list the OMB approval
number for the information collection
requirements contained in this action.
This listing of the OMB control numbers
and their subsequent codification in the
CFR satisfies the display requirements
of PRA and OMB’s implementing
regulations at 5 CFR part 1320. This
Information Collection Request (ICR)
was previously subject to public notice
and comment prior to OMB approval,
and given the technical nature of the
table, EPA finds that further notice and
comment to amend it is unnecessary. As
a result, EPA finds that there is ‘‘good
cause’’ under section 553(b)(3)(B) of the
Administrative Procedure Act (5 U.S.C.
553(b)(3)(B)) to amend this table
without further notice and comment.
The information collection
requirements related to this action have
already been approved by OMB
pursuant to PRA under OMB control
number 2070–0012 (EPA ICR No. 574).
This action does not impose any burden
requiring additional OMB approval. If
an entity were to submit a SNUN to the
Agency, the annual burden is estimated
to average between 30 and 170 hours
per response. This burden estimate
includes the time needed to review
instructions, search existing data
sources, gather and maintain the data
needed, and complete, review, and
submit the required SNUN.
Send any comments about the
accuracy of the burden estimate, and
any suggested methods for minimizing
respondent burden, including through
the use of automated collection
techniques, to the Director, Collection
Strategies Division, Office of
Environmental Information (2822T),
Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC
20460–0001. Please remember to
include the OMB control number in any
correspondence, but do not submit any
completed forms to this address.
C. Regulatory Flexibility Act (RFA)
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 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
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13539
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 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 action does not impose any
enforceable duty, contain any unfunded
mandate, or otherwise have any effect
on small governments subject to the
requirements of UMRA sections 202,
203, 204, or 205 (2 U.S.C. 1501 et seq.).
E. Executive Order 13132
This action will not have a substantial
direct effect on States, on the
relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132, entitled
‘‘Federalism’’ (64 FR 43255, August 10,
1999).
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F. Executive Order 13175
This action does not have Tribal
implications because it is not expected
to have substantial direct effects on
Indian Tribes. This action does not
significantly nor uniquely affect the
communities of Indian Tribal
governments, nor does it involve or
impose any requirements that affect
Indian Tribes. Accordingly, the
requirements of Executive Order 13175,
entitled ‘‘Consultation and Coordination
with Indian Tribal Governments’’ (65 FR
67249, November 9, 2000), do not apply
to this action.
G. Executive Order 13045
This action is not subject to Executive
Order 13045, entitled ‘‘Protection of
Children from Environmental Health
Risks and Safety Risks’’ (62 FR 19885,
April 23, 1997), because this is not an
economically significant regulatory
action as defined by Executive Order
12866, and this action does not address
environmental health or safety risks
disproportionately affecting children.
H. Executive Order 13211
This action is not subject to Executive
Order 13211, entitled ‘‘Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May
22, 2001), because this action is not
expected to affect energy supply,
distribution, or use and because this
action is not a significant regulatory
action under Executive Order 12866.
I. National Technology Transfer and
Advancement Act (NTTAA)
In addition, since this action does not
involve any technical standards,
NTTAA section 12(d) (15 U.S.C. 272
note), does not apply to this action.
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J. Executive Order 12898
This action does not entail special
considerations of environmental justice
related issues as delineated by
Executive Order 12898, entitled
‘‘Federal Actions to Address
Environmental Justice in Minority
Populations and Low-Income
Populations’’ (59 FR 7629, February 16,
1994).
XIII. Congressional Review Act
Pursuant to the Congressional Review
Act (5 U.S.C. 801 et seq.), EPA will
submit a report containing this rule and
other required information to the U.S.
Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of the rule in the Federal
Register. This action is not a ‘‘major
rule’’ as defined by 5 U.S.C. 804(2).
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List of Subjects
PART 721—[AMENDED]
40 CFR Part 9
■
Environmental protection, Reporting
and recordkeeping requirements.
40 CFR Part 721
Dated: March 27, 2019.
Tala Henry,
Acting Deputy Director, Office of Pollution
Prevention and Toxics.
Therefore, 40 CFR parts 9 and 721 are
amended as follows:
PART 9—[AMENDED]
1. The authority citation for part 9
continues to read as follows:
■
Authority: 7 U.S.C. 135 et seq., 136–136y;
15 U.S.C. 2001, 2003, 2005, 2006, 2601–2671;
21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33
U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318,
1321, 1326, 1330, 1342, 1344, 1345(d) and
(e), 1361; E.O. 11735, 38 FR 21243, 3 CFR,
1971–1975 Comp. p. 973; 42 U.S.C. 241,
242b, 243, 246, 300f, 300g, 300g–1, 300g–2,
300g–3, 300g–4, 300g–5, 300g–6, 300j–1,
300j–2, 300j–3, 300j–4, 300j–9, 1857 et seq.,
6901–6992k, 7401–7671q, 7542, 9601–9657,
11023, 11048.
2. In § 9.1, add the following sections
in numerical order under the
undesignated center heading
‘‘Significant New Uses of Chemical
Substances’’ to read as follows:
■
§ 9.1 OMB approvals under the Paperwork
Reduction Act.
*
*
*
*
OMB control
No.
40 CFR citation
*
*
*
*
*
Significant New Uses of Chemical Substances
*
721.11182
721.11183
721.11184
721.11185
721.11186
721.11187
721.11188
721.11189
721.11190
721.11191
721.11192
721.11193
*
*
.............................
.............................
.............................
.............................
.............................
.............................
.............................
.............................
.............................
.............................
.............................
.............................
*
*
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*
*
*
Frm 00042
Authority: 15 U.S.C. 2604, 2607, and
2625(c).
4. Add §§ 721.11182 through
721.11193 to subpart E to read as
follows:
■
Environmental protection, Chemicals,
Hazardous substances, Reporting and
recordkeeping requirements.
*
3. The authority citation for part 721
continues to read as follows:
*
*
Fmt 4700
*
*
*
Sfmt 4700
*
2070–0012
2070–0012
2070–0012
2070–0012
2070–0012
2070–0012
2070–0012
2070–0012
2070–0012
2070–0012
2070–0012
2070–0012
*
Subpart E—Significant New Uses for
Specific Chemical Substances
Sec.
*
*
*
*
*
721.11182 Silanized amorphous silica
(generic).
721.11183 Esteramine (generic).
721.11184 Formic acid, compds. with
hydrolyzed bisphenol Aepichlorohydrin-polyethylene glycol
ether with bisphenol A (2:1) polymerN1-(1,3-dimethylbutylidene)-N2-[2-[(1,
3-dimethylbutylidene)amino]ethyl]-1,2ethanediamine-dialdehyde-2(methylamino)ethanol reaction products
acetates (salts), (generic).
721.11185 Propanoic acid, 2-hydroxy-,
compds. with hydrolyzed bisphenol Aepichlorohydrin-polyethylene glycol
ether with bisphenol A (2:1) polymerN1-(1,3-dimethylbutylidene)-N2-[2-[(1,
3-dimethylbutylidene)amino]ethyl]-1,2ethanediamine-dialdehyde-2(methylamino)ethanol reaction products
formates (salts), (generic).
721.11186 Formic acid, compds. with
hydrolyzed bisphenol Aepichlorohydrin-polyethylene glycol
ether with bisphenol A (2:1) polymerN1-(1,3-dimethylbutylidene)-N2-[2-[(1,
3-dimethylbutylidene)amino]ethyl]-1,2ethanediamine-dialdehyde-2(methylamino)ethanol reaction products
sulfamates (salts), (generic).
721.11187 Formic acid, compds. with
hydrolyzed bisphenol Aepichlorohydrin-polyethylene glycol
ether with bisphenol A (2:1) polymerN1-(1,3-dimethylbutylidene)-N2-[2-[(1,
3-dimethylbutylidene)amino]ethyl]-1,2ethanediamine-dialdehyde-2(methylamino)ethanol reaction products
acetates (salts), (generic).
721.11188 Propanoic acid, 2-hydroxy-,
compds. with hydrolyzed bisphenol Aepichlorohydrin-polyethylene glycol
ether with bisphenol A (2:1) polymerN1-(1,3-dimethylbutylidene)-N2-[2-[(1,
3-dimethylbutylidene)amino]ethyl]-1,2ethanediamine-dialdehyde-2(methylamino)ethanol reaction products
formates (salts), (generic).
721.11189 Formic acid, compds. with
hydrolyzed bisphenol Aepichlorohydrin-polyethylene glycol
ether with bisphenol A (2:1) polymerN1-(1,3-dimethylbutylidene)-N2-[2-[(1,
3-dimethylbutylidene)amino]ethyl]-1,2ethanediamine-dialdehyde-2(methylamino)ethanol reaction products
sulfamates (salts), (generic).
721.11190 Inorganic acids, metal salts,
compds. with modified heteroaromatics,
(generic).
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721.11191 Inorganic acids, metal salts,
compds. with substituted aromatic
heterocycle, (generic).
721.11192 Glucosyltransferase,
International Union of Biochemistry and
Molecular Biology Number: 2.4.1.5.
721.11193 Alpha 1,3-polysaccharide
(generic).
§ 721.125(a) though (e), and (i) are
applicable to manufacturers and
processors of these substances.
(2) Limitations or revocation of
certain notification requirements. The
provisions of § 721.185 apply to this
section.
§ 721.11182
(generic).
§ 721.11184 Formic acid, compds. with
hydrolyzed bisphenol A-epichlorohydrinpolyethylene glycol ether with bisphenol A
(2:1) polymer-N1-(1,3-dimethylbutylidene)N2-[2-[(1, 3dimethylbutylidene)amino]ethyl]-1,2ethanediamine-dialdehyde-2(methylamino)ethanol reaction products
acetates (salts), (generic).
Silanized amorphous silica
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance generically
identified as silanized amorphous silica
(P–16–192) is subject to reporting under
this section for the significant new uses
described in paragraph (a)(2) of this
section.
(2) The significant new uses are:
(i) Industrial, commercial, and
consumer activities. It is a significant
new use to manufacture the substance
other than in an amorphous form.
(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.
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§ 721.11183
Esteramine (generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substances identified
generically as esteramine (PMN P–16–
354 and P–16–355) are subject to
reporting under this section for the
significant new uses described in
paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Industrial, commercial, and
consumer activities. It is a significant
new use to manufacture, process, or use
the substances in any manner that
results in inhalation exposure. It is a
significant new use to release a
manufacturing, processing, or use
stream associated with any use of the
substances, other than the confidential
chemical intermediate use described in
the premanufacture notices, into the
waters of the United States exceeding a
surface water concentration of 1 part per
billion (ppb) using the methods
described in § 721.91.
(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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(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance generically
identified as formic acid, compds. with
hydrolyzed bisphenol Aepichlorohydrin-polyethylene glycol
ether with bisphenol A (2:1) polymerN1-(1,3-dimethylbutylidene)-N2-[2-[(1,
3-dimethylbutylidene)amino]ethyl]-1,2ethanediamine-dialdehyde-2(methylamino)ethanol reaction products
acetates (salts), (P–16–380) is subject to
reporting under this section for the
significant new uses described in
paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Industrial, Commercial, and
consumer activities. It is a significant
new use to manufacture, process, or use
the substance in any manner that results
in inhalation exposure.
(ii) Release to water. Requirements as
specified in § 721.90(a)(4), (b)(4), and
(c)(4) where N=16.
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph (b).
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (c), (i), and (k) are
applicable to manufacturers, importers,
and processors of this substance.
(2) Limitations or revocation of
certain notification requirements. The
provisions of § 721.185 apply to this
section.
§ 721.11185 Propanoic acid, 2-hydroxy-,
compds. with hydrolyzed bisphenol Aepichlorohydrin-polyethylene glycol ether
with bisphenol A (2:1) polymer-N1-(1,3dimethylbutylidene)-N2-[2-[(1, 3dimethylbutylidene)amino]ethyl]-1,2ethanediamine-dialdehyde-2(methylamino)ethanol reaction products
formates (salts), (generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance generically
as propanoic acid, 2-hydroxy-, compds.
with hydrolyzed bisphenol Aepichlorohydrin-polyethylene glycol
ether with bisphenol A (2:1) polymer-
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13541
N1-(1,3-dimethylbutylidene)-N2-[2-[(1,
3-dimethylbutylidene)amino]ethyl]-1,2ethanediamine-dialdehyde-2(methylamino)ethanol reaction products
formates (salts), (P–16–381) is subject to
reporting under this section for the
significant new uses described in
paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Industrial, Commercial, and
consumer activities. It is a significant
new use to manufacture, process, or use
the substance in any manner that results
in inhalation exposure.
(ii) Release to water. Requirements as
specified in § 721.90(a)(4), (b)(4), and
(c)(4) where N=16.
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph (b).
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (c), (i), and (k) are
applicable to manufacturers, importers,
and processors of this substance.
(2) Limitations or revocation of
certain notification requirements. The
provisions of § 721.185 apply to this
section.
§ 721.1118 6 Formic acid, compds. with
hydrolyzed bisphenol A-epichlorohydrinpolyethylene glycol ether with bisphenol A
(2:1) polymer-N1-(1,3-dimethylbutylidene)N2-[2-[(1, 3dimethylbutylidene)amino]ethyl]-1,2ethanediamine-dialdehyde-2(methylamino)ethanol reaction products
sulfamates (salts), (generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance generically
identified as formic acid, compds. with
hydrolyzed bisphenol Aepichlorohydrin-polyethylene glycol
ether with bisphenol A (2:1) polymerN1-(1,3-dimethylbutylidene)-N2-[2-[(1,
3-dimethylbutylidene)amino]ethyl]-1,2ethanediamine-dialdehyde-2(methylamino)ethanol reaction products
sulfamates (salts), (P–16–382) is subject
to reporting under this section for the
significant new uses described in
paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Industrial, Commercial, and
consumer activities. It is a significant
new use to manufacture, process, or use
the substance in any manner that results
in inhalation exposure.
(ii) Release to water. Requirements as
specified in § 721.90(a)(4), (b)(4), and
(c)(4) where N=16.
(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), (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.
§ 721.11187 Formic acid, compds. with
hydrolyzed bisphenol A-epichlorohydrinpolyethylene glycol ether with bisphenol A
(2:1) polymer-N1-(1,3-dimethylbutylidene)N2-[2-[(1, 3dimethylbutylidene)amino]ethyl]-1,2ethanediamine-dialdehyde-2(methylamino)ethanol reaction products
acetates (salts), (generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance generically
identified as formic acid, compds. with
hydrolyzed bisphenol Aepichlorohydrin-polyethylene glycol
ether with bisphenol A (2:1) polymerN1-(1,3-dimethylbutylidene)-N2-[2-[(1,
3-dimethylbutylidene)amino]ethyl]-1,2ethanediamine-dialdehyde-2(methylamino)ethanol reaction products
acetates (salts), (P–16–383) is subject to
reporting under this section for the
significant new uses described in
paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Industrial, Commercial, and
consumer activities. It is a significant
new use to manufacture, process, or use
the substance in any manner that results
in inhalation exposure.
(ii) Release to water. Requirements as
specified in § 721.90(a)(4), (b)(4), and
(c)(4) where N=16.
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph (b).
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (c), (i), and (k) are
applicable to manufacturers, importers,
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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§ 721.11188 Propanoic acid,
2-hydroxy-, compds. with hydrolyzed
bisphenol A-epichlorohydrin-polyethylene
glycol ether with bisphenol A (2:1) polymerN1-(1,3-dimethylbutylidene)-N2-[2-[(1, 3dimethylbutylidene)amino]ethyl]-1,2ethanediamine-dialdehyde-2(methylamino)ethanol reaction products
formates (salts), (generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance generically
identified as propanoic acid,
2-hydroxy-, compds. with hydrolyzed
bisphenol A-epichlorohydrinpolyethylene glycol ether with
bisphenol A (2:1) polymer-N1-(1,3-
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dimethylbutylidene)-N2-[2-[(1, 3dimethylbutylidene)amino] ethyl]-1,2ethanediamine-dialdehyde-2(methylamino)ethanol reaction products
formates (salts), (P–16–384) is subject to
reporting under this section for the
significant new uses described in
paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Industrial, Commercial, and
consumer activities. It is a significant
new use to manufacture, process, or use
the substance in any manner that results
in inhalation exposure.
(ii) Release to water. Requirements as
specified in § 721.90(a)(4), (b)(4), and
(c)(4) where N=16.
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph (b).
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (c), (i), and (k) are
applicable to manufacturers, importers,
and processors of this substance.
(2) Limitations or revocation of
certain notification requirements. The
provisions of § 721.185 apply to this
section.
§ 721.11189 Formic acid, compds. with
hydrolyzed bisphenol A-epichlorohydrinpolyethylene glycol ether with bisphenol A
(2:1) polymer-N1-(1,3-dimethylbutylidene)N2-[2-[(1, 3dimethylbutylidene)amino]ethyl]-1,2ethanediamine-dialdehyde-2(methylamino)ethanol reaction products
sulfamates (salts), (generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance generically
identified as formic acid, compds. with
hydrolyzed bisphenol Aepichlorohydrin-polyethylene glycol
ether with bisphenol A (2:1) polymerN1-(1,3-dimethylbutylidene)-N2-[2-[(1,
3-dimethylbutylidene)amino]ethyl]-1,2ethanediamine-dialdehyde-2(methylamino)ethanol reaction products
sulfamates (salts), (P–16–385) is subject
to reporting under this section for the
significant new uses described in
paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Industrial, Commercial, and
consumer activities. It is a significant
new use to manufacture, process, or use
the substance in any manner that results
in inhalation exposure.
(ii) Release to water. Requirements as
specified in § 721.90(a)(4), (b)(4), and
(c)(4) where N=16.
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph (b).
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (c), (i), and (k) are
PO 00000
Frm 00044
Fmt 4700
Sfmt 4700
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.
§ 721.11190 Inorganic acids, metal salts,
compds. with modified heteroaromatics,
(generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as inorganic acids, metal
salts, compds. with modified
heteroaromatics, (PMN P–16–483) is
subject to reporting under this section
for the significant new uses described in
paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80(j). It is a significant
new use to manufacture, process, or use
the substance without the engineering
controls described in the
premanufacture notice to limit exposure
to dust.
(ii) Release to water. Requirements as
specified in § 721.90(a)(4), (b)(4), and
(c)(4) where N=34.
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph (b).
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (c), (i), and (k) are
applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of
certain notification requirements. The
provisions of § 721.185 apply to this
section.
(3) Determining whether a specific use
is subject to this section. The provisions
of § 721.1725(b)(1) apply to paragraph
(a)(2)(i) of this section.
§ 721.11191 Inorganic acids, metal salts,
compds. with substituted aromatic
heterocycle, (generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as inorganic acids, metal
salts, compds. with substituted aromatic
heterocycle, (PMN P–16–484) is subject
to reporting under this section for the
significant new uses described in
paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80(j). It is a significant
new use to manufacture, process, or use
the substance without the engineering
controls described in the
E:\FR\FM\05APR1.SGM
05APR1
Federal Register / Vol. 84, No. 66 / Friday, April 5, 2019 / Rules and Regulations
premanufacture to limit exposure to
dust.
(ii) Release to water. Requirements as
specified in § 721.90(a)(4), (b)(4), and
(c)(4) where N=34.
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph (b).
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (c), (i), and (k) are
applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of
certain notification requirements. The
provisions of § 721.185 apply to this
section.
(3) Determining whether a specific use
is subject to this section. The provisions
of § 721.1725(b)(1) apply to paragraph
(a)(2)(i) of this section.
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified as
glucosyltransferase, International Union
of Biochemistry and Molecular Biology
Number: 2.4.1.5 (PMN P–16–575, CAS
No. 9032–14–8) 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) Industrial, commercial, and
consumer activities. It is a significant
new use to manufacture, process, or use
the substance in any manner that results
in inhalation exposure.
(ii) [Reserved]
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph (b).
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (c), and (i) are
applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of
certain notification requirements. The
provisions of § 721.185 apply to this
section.
khammond on DSKBBV9HB2PROD with RULES
Alpha 1,3-polysaccharide
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance generically
identified as alpha 1,3-polysaccharide
(generic) (PMN P–16–581) is subject to
reporting under this section for the
significant new uses described in
paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Industrial, commercial, and
consumer activities. It is a significant
VerDate Sep<11>2014
15:56 Apr 04, 2019
Jkt 247001
[FR Doc. 2019–06624 Filed 4–4–19; 8:45 am]
BILLING CODE 6560–50–P
§ 721.11192 Glucosyltransferase,
International Union of Biochemistry and
Molecular Biology Number: 2.4.1.5.
§ 721.11193
(generic).
new use to use the substance other than
as a polymer additive, paper coating
component, composite component, or
fiber additive. It is a significant new use
to manufacture, process or use the PMN
substance with particle size less than 10
micrometers.
(ii) [Reserved]
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph (b).
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (c) and (i) are
applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of
certain notification requirements. The
provisions of § 721.185 apply to this
section.
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2017–0481; FRL–9991–53–
Region 9]
Air Quality State Implementation
Plans: Arizona; Approval and
Conditional Approval of State
Implementation Plan Revisions;
Maricopa County Air Quality
Department; Stationary Source Permits
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is finalizing revisions to
the Maricopa County Air Quality
Department’s (MCAQD) portion of the
state implementation plan (SIP) for the
State of Arizona. We are finalizing full
approval of Rules 210, 220, 240, and
241, and conditional approval of Rules
100 and 200. The revisions update the
MCAQD’s New Source Review (NSR)
permitting program for new and
modified sources of air pollution.
DATES: This rule is effective on May 6,
2019.
ADDRESSES: The EPA has established
docket number EPA–R09–OAR–2017–
0481 for this action. Generally,
documents in the docket for this action
are available electronically at https://
www.regulations.gov or in hard copy at
EPA Region IX, 75 Hawthorne Street
(AIR–3), San Francisco, California
94105–3901. While all documents in the
docket are listed at https://
www.regulations.gov, some information
may be publicly available only at the
SUMMARY:
PO 00000
Frm 00045
Fmt 4700
Sfmt 4700
13543
hard copy location (e.g., copyrighted
material, large maps, multi-volume
reports), and some may not be available
in either location (e.g., confidential
business information (CBI)). To inspect
the hard copy materials, please schedule
an appointment during normal business
hours with the contact listed in the FOR
FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT:
Shaheerah Kelly, EPA Region IX, 75
Hawthorne Street (AIR–3), San
Francisco, CA 94105–3901, (415) 947–
4156, kelly.shaheerah@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, the terms
‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to the EPA.
Table of Contents
I. Proposed Action
II. Summary of Public Comments and EPA
Responses
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
Definitions
For the purpose of this document, we
are giving meaning to certain words or
initials as follows:
(i) The initials ADEQ mean or refer to
the Arizona Department of
Environmental Quality.
(ii) The initials BACT mean or refer to
Best Available Control Technology.
(iii) The word or initials CAA or Act
mean or refer to the Clean Air Act.
(iv) The initials CFR mean or refer to
Code of Federal Regulations.
(v) The initials or words EPA, we, us
or our mean or refer to the United States
Environmental Protection Agency.
(vi) The initials FR mean or refer to
Federal Register.
(vii) The word or initials MCAQD,
‘‘the County’’ or ‘‘Maricopa County’’
mean or refer to the Maricopa County
Air Quality Department, the agency
with jurisdiction over stationary sources
within Maricopa County, Arizona.
(viii) The phrase minor NSR means
the permit program applicable to new or
modified sources that do not result in a
new major source or a major
modification.
(ix) The initials NAAQS mean or refer
to the National Ambient Air Quality
Standards.
(x) The initials NSR mean or refer to
New Source Review, which includes
NNSR, PSD and minor NSR.
(xi) The initials NNSR mean or refer
to nonattainment New Source Review.
(xii) The initials PM2.5 mean or refer
to particulate matter less than 2.5
micrometers.
(xiii) The initials PM10 mean or refer
to particulate matter less than 10
micrometers.
E:\FR\FM\05APR1.SGM
05APR1
Agencies
[Federal Register Volume 84, Number 66 (Friday, April 5, 2019)]
[Rules and Regulations]
[Pages 13531-13543]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-06624]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 9 and 721
[EPA-HQ-OPPT-2017-0575; FRL-9991-19-OCSPP]
RIN 2070-AB27
Significant New Use Rules on Certain Chemical Substances
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is issuing significant new use rules (SNURs) under the
Toxic Substances Control Act (TSCA) for 13 chemical substances which
are the subject of premanufacture notices (PMNs). This action requires
persons to notify EPA least 90 days before commencing manufacture
(defined by statute to include import) or processing of any of these 13
chemical substances for an activity that is designated as a significant
new use by this rule. 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 as a result of that determination.
DATES: This rule is effective on June 4, 2019. For purposes of judicial
review, this rule shall be promulgated at 1 p.m. (e.s.t.) on April 19,
2019.
FOR FURTHER INFORMATION CONTACT:
For technical information contact: Kenneth Moss, Chemical Control
Division (7405M), Office of Pollution Prevention and Toxics,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington,
DC 20460-0001; telephone number: (202) 564-9232; email address:
[email protected].
For general information contact: The TSCA-Hotline, ABVI-Goodwill,
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202)
554-1404; email address: [email protected].
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
You may be potentially affected by this action if you manufacture,
process, or use the chemical substances contained in this rule. The
following list of North American Industrial Classification System
(NAICS) codes is not intended to be exhaustive, but rather provides a
guide to help readers determine whether this document applies to them.
Potentially affected entities may include:
Manufacturers or processors of one or more subject
chemical substances (NAICS codes 325 and 324110), e.g., chemical
manufacturing and petroleum refineries.
This action may also affect certain entities through pre-existing
import certification and export notification rules under TSCA. Chemical
importers are subject to the TSCA section 13 (15 U.S.C. 2612) import
certification requirements promulgated at 19 CFR 12.118 through 12.127
and 19 CFR 127.28. Chemical importers must certify that the shipment of
the chemical substance complies with all applicable rules and orders
under TSCA. Importers of chemicals subject to these SNURs must certify
their compliance with the SNUR requirements. The EPA policy in support
of import certification appears at 40 CFR part 707, subpart B. In
addition, any persons who export or intend to export a chemical
substance that is the subject of this rule on or after May 6, 2019 are
subject to the export notification provisions of TSCA section 12(b) (15
U.S.C. 2611(b)) (see Sec. 721.20), and must comply with the export
notification requirements in 40 CFR part 707, subpart D.
II. Background
A. What action is the Agency taking?
EPA is finalizing a SNUR under TSCA section 5(a)(2) for 13 chemical
substances which were the subject of PMNs P-16-192, P-16-354 and P-16-
355, P-16-380 through P-16-385,
P-16-483 and P-16-484, P-16-575, and P-16-581. These SNURs require
persons who intend to manufacture or process any of these chemical
substances for an activity that is designated as a significant new use
to notify EPA at least 90 days before commencing that activity.
Previously, in the Federal Register of October 16, 2018 (83 FR
52179) (FRL-9984-93), EPA proposed a SNUR for these 13 chemical
substances in 40 CFR part 721 subpart E. More information on the
specific chemical substances subject to this final rule can be found in
the Federal Register documents proposing the SNUR. The record for the
SNUR was established in the docket under docket ID number EPA-HQ-OPPT-
2017-0575. That docket includes information considered by the Agency in
developing the proposed and final rules. EPA received a number of
public comments on this rule. Those comments and EPA's responses are
found in Unit IV.
[[Page 13532]]
B. What is the Agency's authority for taking this action?
Section 5(a)(2) of TSCA (15 U.S.C. 2604(a)(2)) authorizes EPA to
determine that a use of a chemical substance is a ``significant new
use.'' EPA must make this determination by rule after considering all
relevant factors, including the four bulleted TSCA section 5(a)(2)
factors listed in Unit III. Once EPA determines that a use of a
chemical substance is a significant new use, TSCA section 5(a)(1)(B)
requires persons to submit a significant new use notice (SNUN) to EPA
at least 90 days before they manufacture or process the chemical
substance for that use (15 U.S.C. 2604(a)(1)(B)(i)). TSCA furthermore
prohibits such manufacturing or processing from commencing until EPA
has conducted a review of the notice, made an appropriate determination
on the notice, and taken such actions as are required in association
with that determination (15 U.S.C. 2604(a)(1)(B)(ii)). As described in
Unit V., the general SNUR provisions are found at 40 CFR part 721,
subpart A.
C. Applicability of General Provisions
General provisions for SNURs appear in 40 CFR part 721, subpart A.
These provisions describe persons subject to the rule, recordkeeping
requirements, exemptions to reporting requirements, and applicability
of the rule to uses occurring before the effective date of the rule.
Provisions relating to user fees appear at 40 CFR part 700. According
to Sec. 721.1(c), persons subject to these SNURs must comply with the
same SNUN requirements and EPA regulatory procedures as submitters of
PMNs under TSCA section 5(a)(1)(A). In particular, these requirements
include the information submission requirements of TSCA section 5(b)
and 5(d)(1), the exemptions authorized by TSCA section 5(h)(1), (h)(2),
(h)(3), and (h)(5), and the regulations at 40 CFR part 720. Once EPA
receives a SNUN, EPA must either determine that the significant new use
is not likely to present an unreasonable risk of injury or take such
regulatory action as is associated with an alternative determination
before the manufacture or processing for the significant new use can
commence. If EPA determines that the significant new use is not likely
to present an unreasonable risk, EPA is required under TSCA section
5(g) to make public, and submit for publication in the Federal
Register, a statement of EPA's findings.
III. Significant New Use Determination
Section 5(a)(2) of TSCA states that EPA's determination that a use
of a chemical substance is a significant new use must be made after
consideration of all relevant factors, including:
The projected volume of manufacturing and processing of a
chemical substance.
The extent to which a use changes the type or form of
exposure of human beings or the environment to a chemical substance.
The extent to which a use increases the magnitude and
duration of exposure of human beings or the environment to a chemical
substance.
The reasonably anticipated manner and methods of
manufacturing, processing, distribution in commerce, and disposal of a
chemical substance.
In addition to these factors enumerated in TSCA section 5(a)(2),
the statute authorizes EPA to consider any other relevant factors.
To determine what would constitute a significant new use for the
chemical substances that are the subject of these SNURs, EPA considered
relevant information about the toxicity of the chemical substances,
likely human exposures and environmental releases associated with
possible uses, and the four bulleted TSCA section 5(a)(2) factors
listed in this unit.
IV. Public Comments on Proposed Rule and EPA Responses
EPA received public comments from 15 entities on the proposed rule.
The Agency's responses are described below.
Anonymous and Generally Supportive Comments
EPA received a number of anonymous (and submitter-identified)
comments in support of the Agency's proposed Significant New Use Rules
(SNURs). These comments were general in nature, citing the importance
of Agency review of these 13 chemicals to protect human health and the
environment. No response is required.
Challenges to Underlying TSCA Sec. 5(a)(3) Determinations
Comment 1: EPA received multiple comments regarding the manner in
which these proposed Significant New Use Rules (SNURs) operate. One
comment requested that, in light of alleged legal and factual
deficiencies, EPA withdraw both the proposed SNURs and the underlying
``not likely'' determinations and instead issue determinations, section
5(e) orders, and post-order section 5(f) SNURs based on a finding that
the chemical substances ``may present an unreasonable risk to health or
the environment'' under section 5(a)(3)(B). Another comment stated that
EPA may not rely on ``non-5(e) SNURs'' to make a ``not likely'' finding
under section 5(a)(3)(C) and has failed to provide a legal and factual
basis for its determination as required by section 5(g), but
nevertheless supports the need to promulgate these SNURs at this time
because otherwise there will be no protections at all in place for
these chemical substances. The commenter stated that EPA found risks to
workers for a number of the chemical substances subject to these
proposed SNURs, absent protective measures that EPA expects will be
implemented and will provide sufficient protection, and that EPA's risk
determination for these chemicals should not assume there will be full
compliance with all of the controls recommended in an associated Safety
Data Sheet and that such compliance would be adequate to protect
workers.
Response: These comments constitute challenges to certain TSCA
Sec. 5(a)(3) determinations rather than to the basis for or the
content of the SNURs, which EPA has promulgated using its discretion to
issue SNURs under TSCA Sec. 5(a)(2). Because these comments are not
germane to this rulemaking, EPA is not responding to these comments in
this notice and declines to withdraw the SNURs on the basis of these
comments. Regardless, EPA has already defended the legal and factual
basis for the TSCA Sec. 5(a)(3) determinations that these comments
reference in a prior legal challenge. See Brief of U.S. Environmental
Protection Agency in NRDC v. USEPA, 2d Cir. Docket No. 18-25.
Regulation of Workplace Risks
Comment 2: Several commenters argued that where EPA finds
unreasonable risks to workers in the absence of certain protective
measures (e.g., personal protective equipment, engineering controls,
etc.), EPA must identify as a significant new use any use of the
chemical that occurs without those protections. Specifically, the
commenters stated that, where EPA finds unreasonable risk to workers
absent certain protective measures, the Agency must issue an order to
address workplace risks--as well as consider promulgating a significant
new use rule--because in these circumstances ``the manufacture,
processing, distribution in commerce, use, or disposal of such
substance, or any combination of such activities, may present an
unreasonable risk of injury to health or the environment, without
consideration of costs or other non-risk
[[Page 13533]]
factors, including an unreasonable risk to a potentially exposed
subpopulation.'' 15 U.S.C. 2604(e)(1)(A)(ii)(I). In following, the
commenters state EPA ``shall issue an order . . . to prohibit or limit
the manufacture, processing, distribution in commerce, use, or disposal
of such substance or to prohibit or limit any combination of such
activities to the extent necessary to protect against an unreasonable
risk of injury to health or the environment.'' Id. Sec. 2604(e)(1)(A).
After issuing that order, EPA must consider whether to promulgate a
significant new use rule ``that identifies as a significant new use any
manufacturing, processing, use, distribution in commerce, or disposal
of the chemical substance that does not conform to the restrictions
imposed by the * * * order'' or publish a statement justifying the
decision not to promulgate the SNUR. 15 U.S.C. 2604(f)(4). According to
the commenters, Congress spoke clearly and required EPA to regulate
unreasonable risks that a chemical substance ``may present'' under
TSCA. The commenters contend that nothing in the text of TSCA allows
EPA to simply assume that sufficient protective measures will be
implemented to eliminate potential unreasonable risks; such an
assumption essentially negates TSCA Sec. 5(e), which could not be
Congress's intention. And, the commenters claim, EPA cannot find that a
chemical is not likely to present an unreasonable risk based solely on
EPA's unjustified ``expectation'' that sufficient protective measures
will be implemented . . . EPA effectively found risks to workers for
several chemical substances subject to these proposed SNURs, absent
protective measures that EPA simply ``expects'' will be implemented and
will provide sufficient protection. Commenters assert that EPA's risk
determination for these chemicals should not assume there will be full
compliance with all of the controls recommended in an associated Safety
Data Sheet and that such compliance would be adequate to protect
workers. Because EPA relied on these protective measures in its
analysis of risk, commenters state that EPA should identify any
condition of use without these protective measures to be a significant
new use, meriting advance notification to EPA.
Response: To the extent these comments argue that the Agency should
have issued orders under Section 5(e) or 5(f) of TSCA, EPA believes
they are beyond the scope of the SNUR for which EPA is specifically
soliciting comments and are properly directed to the Section 5(a)(3)
determinations that pertain to the underlying PMNs for the SNUR. EPA is
therefore not responding to these comments here. However, EPA is
responding to comments that pertain specifically to the SNUR, i.e.,
those regarding the uses that should be subject to the SNUR, as well as
the assertion that EPA must include certain worker protection
provisions in the SNURs on the basis of TSCA Section 5(f)(4).
EPA disagrees with the comment that, with respect to scenarios
where EPA expects that worker protection requirements under other
federal/state authorities would mitigate risks to workers, EPA must
designate all uses without those protections as ``significant new
uses''. Section 5(a)(2) of TSCA does not mandate that any specific uses
be designated as significant. Instead, EPA has discretion as to which
new uses to designate as significant. As mentioned in the ``not
likely'' determination documents for the subject PMNs in this batch
SNUR (see https://www.epa.gov/reviewing-new-chemicals-under-toxic-substances-control-act-tsca/chemicals-determined-not-likely), in
exercising its discretion regarding which new uses should be designated
as significant under section 5(a)(2), EPA expects compliance with
federal and state laws, such as worker protection standards or disposal
restrictions, unless case-specific facts indicate otherwise. Further,
any workplace risks will be mitigated if exposures are appropriately
controlled, and EPA expects that employers will require and workers
will use the appropriate controls (e.g., personal protective equipment
such as impervious gloves and/or respirators), consistent with the
Safety Data Sheet prepared by the PMN submitter, in a manner adequate
to protect them.
With respect to comments regarding TSCA Section 5(f)(4), EPA notes
that because no applicable TSCA Section 5(e) or 5(f) orders have been
issued, the requirements of TSCA Section 5(f)(4) are not triggered.
Therefore, EPA need not make changes in the proposed SNUR to correspond
to Section 5(e) and 5(f) orders that have not been issued.
SNURs Lack Provisions To Notify Downstream Processors and Users of
Agency Concerns
Comment 3: One commenter suggested that the proposed SNURs lack
notification requirements for worker protection and hazard
communication programs to ensure that risks to workers and the public
from downstream activities are identified and addressed and fail to
provide notice to downstream processors and users of the PMN
substance's environmental effects and EPA's required limits on release
to water.
Response: 40 CFR 721.5 requires manufacturers and processors to
either file a SNUN before distributing the chemical substance in
commerce or notify downstream customers of the existence of a SNUR on a
particular chemical substance (or determine that such users have
notice). Thus, one of two possibilities will occur: (1) Downstream
customers do receive notice of the SNUR, or (2) notification of
downstream uses becomes unnecessary because the manufacturer or
processors submits a SNUN to EPA, and the Agency either determines that
such manufacture and processing is not likely to present unreasonable
risk, or takes appropriate regulatory action to address the risks.
Impact on Downstream Users
Comment 4: One commenter similarly identified impacts of SNURs on
downstream users who ``often must struggle to figure out when a product
they use is covered by a SNUR,'' particularly when the proposed SNUR
provides only the generic name of a confidential chemical substance, or
when the proposed SNUR covers the use of a chemical substance in an
article. The comment also notes that the burden and compliance risks
are greatest when the proposed SNUR contains reporting requirements.
The commenter indicates that downstream users may depend on voluntary
disclosure by the supplier or a downstream formulator/distributor, in
contrast to the mandatory reporting requirements in place under a 5(e)
order. The comment concludes that EPA should take steps to close the
gap between proposal and finalization of SNURs by finalizing SNURs
expeditiously, by notifying submitters of EPA's likelihood of
promulgating a SNUR, and by requesting companies alert downstream users
of impending SNURs.
Response: The Agency is aware of the impacts of the issuance of a
SNUR, including and beyond those specific to the actual TSCA
notification requirement. EPA's focus is to take appropriate action
under TSCA to control potential risks to human health or the
environment from exposure or release of a new chemical, including
requiring notification of potential significant new uses.
CBI and Disclosure of Health and Safety Information
Comment 5: EPA received multiple comments critical of EPA's process
in promulgating the proposed SNURs. One
[[Page 13534]]
comment requested that EPA extend the comment period and make CBI
available for review with appropriate safeguards to avoid depriving the
public of a meaningful opportunity to participate. The commenter stated
that TSCA does not extend CBI protection to any health and safety study
which is submitted under TSCA, including underlying information and
occupational exposure studies. In addition to the scientific analyses
developed by EPA (e.g., engineering reports, Structure Activity Team
reports), which fall under this definition, other information that is
generally required to be submitted with PMNs, such as toxicity studies,
information on worker exposure, and the majority of information in
Safety Data Sheets, also fall under this definition. EPA must disclose
this information to the public. Despite these mandates, the commenter
argues that EPA has failed to disclose this health and safety
information. The comment states that EPA's SAT reports, engineering
reports, and exposure reports all constitute or contain health and
safety information that EPA must disclose, yet for P-16-575 (as an
example provided by the commenter) EPA has largely redacted these
documents.
Response: EPA recognizes that TSCA Section 14 does not protect from
disclosure certain confidential information described in Section 14(b),
including health and safety information. However, Section 14 does not
require that EPA make a final confidentiality determination for all
information submitted under TSCA and claimed as CBI as part of a PMN
review, and EPA has not made a determination regarding the eligibility
for confidential treatment of the information referenced in the
comment. Here, EPA balanced the need for sufficient information in the
public record to fully explain the bases for its decisions with the
protections for CBI in section 14. With regard to EPA technical support
reports underlying the section 5 determination, they are not covered by
section 14(b)(2), which specifically refers to health and safety
studies submitted to EPA. EPA provided sufficient information in the
public record to fully explain the bases for its decisions while
preserving the submitter's confidentiality claims through generally
accepted means, including the aggregation of certain data in the public
docket, presentation of ranges of values, or masking of manufacturing
site locations to prevent CBI disclosure.
Identifying ``Significant New Uses'' for SNURs
Comment 6: The commenter considers the approach taken for these
proposed SNURs that found ``not likely to present an unreasonable
risk'' under the conditions of use described in the PMNs to be
generally consistent with the requirements of the 2016 amendments to
TSCA. To the extent that this approach also represents potential
improvements in the Agency's ability to provide more timely review of
PMNs, the commenter supports the approach. The commenter encourages EPA
to take a risk-based approach--with particular focus on changes
occurring in the conditions of use of a substance that can affect
exposure (i.e., human exposure and environmental releases)--in
identifying what changes in the conditions of use that will constitute
significant new uses, and to consider the potential burden on
downstream users when designating potential new uses to be significant.
The commenter further encouraged EPA to use its discretion to consider
``all relevant factors,'' including the cost of submitting SNUNs, the
burden of compliance with SNUR reporting requirements such as Chemical
Data Reporting (CDR) and TSCA section 12(b) export notification
reporting, and the compliance risk caused by vague regulations, in
promulgating 5(a)(2) SNURs to minimize regulatory burdens on downstream
users.
Response: EPA agrees that it should--and does--identify significant
new uses only after consideration of the ``relevant factors''
identified in TSCA section (a)(2) ((1) the ``projected manufacturing or
processing volume of a chemical substance''; (2) the ``type or form of
exposure of human beings or the environment'' to the chemical
substance; (3) the ``magnitude and duration of exposure of human beings
or the environment'' to the environment; and (4) the ``reasonably
anticipated manner and methods of manufacturing, processing,
distribution in commerce, and disposal'' of the chemical substance).
However, the Agency typically does not have all of the data specific
enough for each of the aforementioned factors to support risk
assessment(s) for anticipated changes that are not part of the PMN.
Hence, such information would be provided if and when a SNUN is
submitted that would provide such information for the significant new
use. Another commenter supported this approach, explaining that future
risks not contemplated in the PMN will be addressed by analysis of a
significant new use notice (SNUN) which streamlines the current system
which typically runs much longer than 90 days proscribed in TSCA. As to
other regulatory requirements such as CDR or export notification, the
Agency understands the impact and coordinates with those programs to
eliminate inefficiencies. Furthermore, the Agency flags chemical
substances on the TSCA Inventory that are regulated with a SNUR. For
interpretation of SNUR notification requirements, the regulated
community is encouraged to contact the Agency by using the options
outlined in the ADDRESSES and FOR FURTHER INFORMATION CONTACT sections
of the SNUR preamble.
Catch-All Significant New ``Use''
Comment 7: One commenter suggested that EPA should generally
designate as a significant new use any use of a chemical substance
other than the uses EPA evaluated in its PMN review and determined are
not likely to present an unreasonable risk. In particular, the
commenter identified P-16-192, P-16-380-385, and 16-575, as SNURs for
which other types of triggers for notification (e.g., manufacture in a
certain physical form, or manufacture, processing, or use to result in
inhalation exposure) were used. Although the commenter supports
inclusion of these triggers, it comments that EPA must also require
notification for use other than that which EPA has reviewed.
Response: Commenters suggested approach is overly broad. TSCA
requires that EPA evaluate new chemicals under their conditions of use,
including the intended, known and reasonably foreseen circumstances of
manufacture, processing, distribution in commerce, use and disposal.
Based upon EPA's review of the relevant PMNs, the Agency identified
uses that are appropriate for designation as ``significant new uses''
in order to ensure that EPA has an opportunity to review those uses in
a SNUN submission at a later date and address any unreasonable risks at
that time. TSCA Sec. 5(a)(2) does not require EPA to take the catch-
all approach advocated by commenters, and EPA believes a more tailored
approach is warranted to avoid unduly burdensome regulations.
Being More Specific in 40 CFR 721.80
Comment 8: One commenter suggested that EPA must clearly specify
the cross references to EPA's general regulations in the SNURs. A
number of proposed SNURs state that the significant new uses are
``requirements as specified in 721.80.'' Since 40 CFR 721.80 contains
25 possible significant
[[Page 13535]]
new use designations, this is misleading.
Response: The Agency understands the confusion. Where one of the 25
specific significant new use designations in 721.80 is not being used,
in the interest of transparency and clarity, the Agency generally lists
``Industrial, commercial, and consumer activities. Requirements as
specified in Sec. 721.80'' and follows with a complete sentence
describing the actual activity. EPA will modify its approach so that
where it is not citing a specific designation in 721.80, the Agency
will drop the phrase ``Requirements as specified in Sec. 721.80.'' For
example, the SNUR at 40 CFR 721.11182 is finalized simply as:
(i) Industrial, commercial, and consumer activities. It is a
significant new use to manufacture the substance other than in an
amorphous form.
In response to this comment, the Agency is making a similar change
to these 721.80 designations in all the final SNURs in this batch rule,
except the SNURs at 721.11190 and 721.11191. Those two SNURs
specifically cite 721.80(j), which is the confidential use identified
in the associated PMN submission for those SNURs.
Regulatory Burden of SNURs for Safer Chemicals
Comment 9: One comment was regarding an enzyme used in the
polymerization of glucose that would be subject to a proposed SNUR due
to concerns with respiratory sensitization. The commenter stated that
enzymes are recognized to have a positive and sustainable environmental
profile and inherently low toxicity compared to other chemicals, and
that this SNUR is a signal that it will be significantly more
challenging to bring new enzymes to market and may decrease innovation
that can address global challenges as highlighted by the UN Sustainable
Development Goals. The commenter additionally voiced concern for the
lengthy review time for PMN submissions.
Response: To the extent commenter is disputing the outcome of a PMN
review, these comments are more properly directed to the specific PMN
determination and not this SNUR rulemaking. As mentioned previously in
the response to Comment 1, this comment constitutes challenges to the
corresponding TSCA Sec. 5(a)(3) determinations rather than to the
basis for or the content of the SNURs, which EPA has promulgated using
its discretion to issue SNURs under TSCA Sec. 5(a)(2). Nonetheless,
the Agency is aware of, and working to remedy, the increased length of
time it has been taking to review and reach decision on section 5
notices as it implements the amendments to TSCA.
Non-Animal Testing
Comment 10: One commenter supports this approach of addressing
potential risks that the subject chemicals may present under reasonably
foreseen conditions of use, while finding that under the intended
conditions of use, they are not likely to present unreasonable risks.
In contrast, the commenter states, in its early implementation of the
amended TSCA, EPA addressed such potential risks in consent agreements
with PMN submitters. In these cases, the commenter notes, EPA
frequently required health and ecotoxicity testing, including hundreds
of vertebrate animal tests requiring tens of thousands of animals. The
commenter therefore supports EPA's new approach, which is consistent
with TSCA's requirements to reduce and replace the use of vertebrate
animals in the testing of chemical substances and promote the
development and timely incorporation of new test methods and strategies
that are not based on vertebrate animals. In addition, it protects
human health and the environment by addressing potential risks when the
conditions of use under which they arise are intended, either as
identified in PMNs or in SNUNs, while reducing the burden on PMN
submitters and streamlining the review process.
Response: As mentioned in the preamble to this SNUR, 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. Furthermore, pursuant to TSCA section 4(h), which
pertains to reduction of testing in vertebrate animals, EPA encourages
consultation with the Agency on the use of alternative test methods and
strategies (also called New Approach Methodologies, or NAMs), if
available, to generate the recommended test data. EPA encourages dialog
with Agency representatives to help determine how best the submitter
can meet both the data needs and the objective of TSCA section 4(h).
Do Not Use SNURs as Information Gathering Tool, Tracking Tool
Comment 11: One commenter urged EPA to not rely on SNURs as tools
for tracking use and production of chemical or for otherwise gathering
potentially useful information, but instead suggested that EPA rely on
provisions like section 8 which specifically authorize such acts.
Response: EPA is not issuing a requirement to develop any data or
information as a result of these SNURs. It is the responsibility of a
SNUN submitter to provide any such information as required by TSCA
section 5 and SNUN regulations at 40 CFR part 721. Regarding
potentially useful information, EPA encourages all SNUN submitters to
contact EPA to discuss any potential future testing. Furthermore,
pursuant to TSCA section 4(h), which pertains to reduction of testing
in vertebrate animals, EPA encourages consultation with the Agency on
the use of alternative test methods and strategies (also called New
Approach Methodologies, or NAMs), if available, to generate the
recommended test data. EPA encourages dialog with Agency
representatives to help determine how best the submitter can meet both
the data needs and the objective of TSCA section 4(h).
V. Substances Subject to This Rule
EPA is establishing significant new use and recordkeeping
requirements for 13 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 SNUR.
Information identified by EPA that would help characterize
the potential health and/or environmental effects of the chemical
substances if a manufacturer or processor is considering submitting a
SNUN for a significant new use designated by the SNUR.
This information may include testing not required to be conducted
but which would help characterize the potential health and/or
environmental effects of the PMN substance. Any recommendation for
information
[[Page 13536]]
identified by EPA was made based on EPA's consideration of available
screening-level data, if any, as well as other available information on
appropriate testing for the chemical substance. Further, any such
testing identified by EPA that includes testing on vertebrates was made
after consideration of available toxicity information, computational
toxicology and bioinformatics, and high-throughput screening methods
and their prediction models. EPA also recognizes that whether testing/
further information is needed will depend on the specific exposure and
use scenario in the SNUN. EPA encourages all SNUN submitters to contact
EPA to discuss any potential future testing. See Unit VIII. for more
information.
CFR citation assigned in the regulatory text section of
these rules.
The regulatory text section of these rules specifies the activities
designated as significant new uses. Certain new uses, including
production volume limits and other uses designated in the rules, may be
claimed as CBI.
The chemical substances that are the subject of these SNURs
completed premanufacture review. EPA has initially determined under
TSCA section 5(a)(2), 15 U.S.C. 2604(a)(2), that certain changes from
the conditions of use described in the PMNs could result in changes in
the type or form of exposure to the chemical substances and/or
increased exposures to the chemical substances and/or changes in the
reasonably anticipated manner and methods of manufacturing, processing,
distribution in commerce, and disposal of the chemical substances.
Consequently, EPA is designating these changes as significant new uses.
PMN Number: P-16-192
Chemical Name: Silanized amorphous silica (generic).
CAS Number: Not available.
Basis for action: The PMN states that the use of the substance will
be as a reinforcing filler for the production of rubber goods. Based on
test data for crystalline silica, EPA identified concerns for lung
effects if the chemical substance is not used following the limitations
noted below. The conditions of use of the PMN substance as described in
the PMN include the following protective measures:
Manufacture of the PMN substance in an amorphous form.
The SNUR designates as a ``significant new use'' the absence of
this protective measure.
Potentially useful information: EPA has determined that certain
information about the physical-chemical properties of the PMN substance
may be potentially useful if a manufacturer or processor is considering
submitting a SNUN for a significant new use designated by this SNUR.
EPA has determined that information about the physical form, particle
size, and water solubility would help characterize the potential health
effects of the PMN substance.
CFR citation: 40 CFR 721.11182.
PMN Numbers: P-16-354 and P-16-355
Chemical name: Esteramine (generic).
CAS number: Not available.
Basis for action: The PMNs state that the generic (non-
confidential) use of the substances will be as a chemical intermediate.
Based on the physical/chemical properties of the PMN substances and
Structure Analysis Relationships (SAR) analysis of test data on
analogous substances, EPA has identified concerns for irritation and
developmental/reproductive toxicity, and aquatic toxicity at surface
water concentrations exceeding 1 part per billion (ppb), if the
chemical substances are not used following the limitations noted below.
The conditions of use of the PMN substances as described in the PMNs
include the following protective measures:
1. No release of a manufacturing, processing, or use stream
associated with any use of the substances, other than the confidential
chemical intermediate use described in the PMNs, into the waters of the
United States exceeding a surface water concentration of 1 ppb; and
2. No manufacturing, processing or use of the PMN substances
resulting in inhalation exposures to the substances.
The SNUR designates as a ``significant new use'' the absence of
these protective measures.
Potentially useful information: EPA has determined that certain
information about the aquatic and human health toxicity of the PMN
substances may be potentially useful to characterize the health and
environmental effects of the PMN substances if a manufacturer or
processor is considering submitting a SNUN for a significant new use
designated by this SNUR. EPA has determined that the results of
specific organ toxicity and aquatic toxicity testing would help
characterize the potential health and environmental effects of the PMN
substances.
CFR citation: 40 CFR 721.11183.
PMN Numbers: P-16-380, P-16-381, P-16-382, P-16-383, P-16-384, and P-
16-385
Chemical Names: Formic acid, compds. with hydrolyzed bisphenol A-
epichlorohydrin-polyethylene glycol ether with bisphenol A (2:1)
polymer-N1-(1,3-dimethylbutylidene)-N2-[2-[(1, 3-
dimethylbutylidene)amino]ethyl]-1,2-ethanediamine-dialdehyde-2-
(methylamino)ethanol reaction products acetates (salts), (generic) (P-
16-380), propanoic acid, 2-hydroxy-, compds. with hydrolyzed bisphenol
A-epichlorohydrin-polyethylene glycol ether with bisphenol A (2:1)
polymer-N1-(1,3-dimethylbutylidene)-N2-[2-[(1, 3-
dimethylbutylidene)amino]ethyl]-1,2-ethanediamine-dialdehyde-2-
(methylamino)ethanol reaction products formates (salts), (generic) (P-
16-381), formic acid, compds. with hydrolyzed bisphenol A-
epichlorohydrin-polyethylene glycol ether with bisphenol A (2:1)
polymer-N1-(1,3-dimethylbutylidene)-N2-[2-[(1, 3-
dimethylbutylidene)amino] ethyl]-1,2-ethanediamine-dialdehyde-2-
(methylamino)ethanol reaction products sulfamates (salts), (generic)
(P-16-382), formic acid, compds. with hydrolyzed bisphenol A-
epichlorohydrin-polyethylene glycol ether with bisphenol A (2:1)
polymer-N1-(1,3-dimethylbutylidene)-N2-[2-[(1, 3-
dimethylbutylidene)amino] ethyl]-1,2-ethanediamine-dialdehyde-2-
(methylamino)ethanol reaction products acetates (salts), (generic) (P-
16-383), propanoic acid, 2-hydroxy-, compds. with hydrolyzed bisphenol
A-epichlorohydrin-polyethylene glycol ether with bisphenol A (2:1)
polymer-N1-(1,3-dimethylbutylidene)-N2-[2-[(1, 3-
dimethylbutylidene)amino]ethyl]-1,2-ethanediamine-dialdehyde-2-
(methylamino)ethanol reaction products formates (salts), (generic) (P-
16-384), formic acid, compds. with hydrolyzed bisphenol A-
epichlorohydrin-polyethylene glycol ether with bisphenol A (2:1)
polymer-N1-(1,3-dimethylbutylidene)-N2-[2-[(1, 3-
dimethylbutylidene)amino]ethyl]-1,2-ethanediamine-dialdehyde-2-
(methylamino)ethanol reaction products sulfamates (salts), (generic)
(P-16-385).
CAS Numbers: Not available.
Basis for action: The PMNs state that the generic (non-
confidential) use of the substances will be as a component of an
electrocoat resin. Based on the physical/chemical properties of the PMN
substances and test data on analogous substances, EPA has identified
concerns for lung effects and toxicity to aquatic organisms at
concentrations that exceed 16 ppb if the chemical substances are not
used following the limitations noted below. The conditions of use of
the PMN substances as described in the PMNs include the following
protective measures:
[[Page 13537]]
1. No manufacturing, processing or use of the PMN substances
resulting in inhalation exposures to the substances; and
2. No release of a manufacturing, processing, or use stream
associated with any use of the substances exceeding a surface water
concentration of 16 ppb.
The SNUR designates as a ``significant new use'' the absence of
these protective measures.
Potentially useful information: EPA has determined that certain
information about the health and environmental effects of the PMN
substances may be potentially useful if a manufacturer or processor is
considering submitting a SNUN for a significant new use designated by
this SNUR. EPA has determined that the results of specific target
organ, pulmonary, and acute aquatic toxicity testing would help
characterize the potential health and environmental effects of the PMN
substances.
CFR citation: 40 CFR 721.11184 (P-16-380); 40 CFR 721.11185 (P-16-
381); 40 CFR 721.11186 (P-16-382); 40 CFR 721.11187 (P-16-383); 40 CFR
721.11188 (P-16-384); and 40 CFR 721.11189 (P-16-385).
PMN Numbers: P-16-483 and P-16-484
Chemical names: Inorganic acids, metal salts, compds. with modified
heteroaromatics, (generic) (P-16-483) and Inorganic acids, metal salts,
compds. with substituted aromatic heterocycle, (generic) (P-16-484).
CAS numbers: Not available.
Basis for action: The PMNs state that the generic (non-
confidential) use of P-16-483 will be as a plastic additive and the
generic (non-confidential) use of P-16-484 will be as a chemical
intermediate. Based on test data submitted on P-16-483 and data for
analogous compounds, EPA has identified concerns for irritation,
specific organ effects, and aquatic toxicity if the chemical is not
used following the limitations noted below. The conditions of use of
the PMN substances as described in the PMNs include the following
protective measures:
1. No use of the substances other than the confidential use
described in the PMNs;
2. No release of a manufacturing, processing, or use stream
associated with any use of the substances exceeding a surface water
concentration of 34 ppb; and
3. No manufacturing, processing or use of the PMN substances
without the engineering controls described in the PMNs to limit
exposure to dust.
The SNUR designates as a ``significant new use'' the absence of
these protective measures.
Potentially useful information: EPA has determined that certain
information about the human health and environmental toxicity of the
PMN substances may be potentially useful to characterize the effects of
the PMN substances if a manufacturer or processor is considering
submitting a SNUN for a significant new use designated by this SNUR.
EPA has determined that the results of aquatic toxicity and specific
organ toxicity and aquatic toxicity testing would help characterize the
potential health and environmental effects of the PMN substances.
CFR citations: 40 CFR 721.11190
(P-16-683) and 40 CFR 721.11191
(P-16-684).
PMN Number: P-16-575
Chemical name: Glucosyltransferase. International Union of
Biochemistry and Molecular Biology Number: 2.4.1.5.
CAS number: 9032-14-8.
Basis for action: The PMN states that the use of the substance will
be for polymerization of glucose. Based on the allergenic properties of
proteins and review of surrogate enzymatic protein data submitted, EPA
has identified concerns for respiratory sensitization if the chemical
is not used following the limitations noted below. The conditions of
use of the PMN substance as described in the PMN include the following
protective measure:
No manufacture, processing, or use of the PMN substance that
results in inhalation exposures to the substance.
The SNUR designates as a ``significant new use'' the absence of
this protective measure.
Potentially useful information: EPA has determined that certain
information about the workplace exposure to the PMN substance may be
potentially useful to characterize the health effects of the PMN
substance if a manufacturer or processor is considering submitting a
SNUN for a significant new use designated by this SNUR. EPA has
determined that the results of workplace air monitoring would help
characterize the potential health effects of the PMN substance.
CFR citation: 40 CFR 721.11192.
PMN Number: P-16-581
Chemical name: Alpha 1,3-polysaccharide (generic).
CAS number: Not available.
Basis for action: The PMN states that the uses of the substance
will be as a polymer additive, paper coating component, composite
component, and fiber additive. Based on analogy to high molecular
weight polymers, EPA has identified concerns for lung effects if the
chemical is not used following the limitations noted below. The
conditions of use of the PMN substance as described in the PMN include
the following protective measures:
1. No use of the substance other than the uses described in the
PMN; and
2. No manufacture, processing, or use with particle size less than
10 micrometers.
The SNUR designates as a ``significant new use'' the absence of
these protective measures.
Potentially useful information: EPA has determined that certain
information about the toxicity of the PMN substance may be potentially
useful to characterize the health effects of the PMN substance if a
manufacturer or processor is considering submitting a SNUN for a
significant new use designated by this SNUR. EPA has determined that
the results of pulmonary effects toxicity testing of the PMN substance
may be potentially useful in characterizing the health effects of the
PMN substance.
CFR citation: 40 CFR 721.11193.
VI. Rationale and Objectives of the Rule
A. Rationale
During review of the PMNs submitted for the chemical substances
that are the subject of these SNURs and as further discussed in Unit
IV, EPA identified certain reasonably foreseen conditions of use and
other circumstances different from the intended conditions of use
identified in the PMNs and determined that those changes could result
in changes in the type or form of exposure to the chemical substances
and/or increased exposures to the chemical substances and/or changes in
the reasonably anticipated manner and methods of manufacturing,
processing, distribution in commerce, and disposal of the chemical
substances.
B. Objectives
EPA is issuing these SNURs for specific chemical substances which
have undergone premanufacture review because the Agency wants to
achieve the following objectives with regard to the significant new
uses designated in this rule:
EPA will receive notice of any person's intent to
manufacture or process a listed chemical substance for the described
significant new use before that activity begins.
EPA will have an opportunity to review and evaluate data
submitted in a SNUN before the notice submitter begins manufacturing or
processing a
[[Page 13538]]
listed chemical substance for the described significant new use.
EPA is obligated to make a determination under TSCA
section 5(a)(3) regarding the use described in the SNUN, under the
conditions of use. The Agency will either determine under section
5(a)(3)(C) that the significant new use is not likely to present an
unreasonable risk, including an unreasonable risk to a potentially
exposed or susceptible subpopulation identified as relevant by the
Administrator under the conditions of use, or make a determination
under section 5(a)(3)(A) or (B) and take the required regulatory action
associated with the determination, before manufacture or processing for
the significant new use of the chemical substance can occur.
EPA will identify as significant new uses any
manufacturing, processing, use, distribution in commerce, or disposal
that does not conform to the restrictions imposed by the underlying
Orders, consistent with TSCA section 5(f)(4).
Issuance of a SNUR for a chemical substance does not signify that
the chemical substance is listed on the TSCA Chemical Substance
Inventory (TSCA Inventory). Guidance on how to determine if a chemical
substance is on the TSCA Inventory is available on the internet at
https://www.epa.gov/opptintr/existingchemicals/pubs/tscainventory/.
VII. Applicability of the Significant New Use Designation
To establish a significant new use, EPA must determine that the use
is not ongoing. The chemical substances subject to this rule have
undergone premanufacture review. In cases where EPA has not received a
notice of commencement (NOC) and the chemical substance has not been
added to the TSCA Inventory, no person may commence such activities
without first submitting a PMN. Therefore, for chemical substances for
which an NOC has not been submitted EPA concludes that the designated
significant new uses are not ongoing.
EPA designated October 9, 2018 (the date of web posting of the
proposed rule) as the cutoff date for determining whether the new use
is ongoing. The objective of EPA's approach has been to ensure that a
person could not defeat a SNUR by initiating a significant new use
before the effective date of the final rule.
In the unlikely event that a person began commercial manufacture or
processing of the chemical substances for a significant new use
identified as of October 9, 2018, that person will have to cease any
such activity upon the effective date of the final rule. To resume
their activities, that person 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 notice, and has taken such actions as are required with that
determination.
VIII. Development and Submission of Information
EPA recognizes that TSCA section 5 does not require development of
any particular new information (e.g., generating test data) before
submission of a SNUN. There is an exception: If a person is required to
submit information for a chemical substance pursuant to a rule, order
or consent agreement under TSCA section 4 (15 U.S.C. 2603), then TSCA
section 5(b)(1)(A) (15 U.S.C. 2604(b)(1)(A)) requires such information
to be submitted to EPA at the time of submission of the SNUN.
In the absence of a rule, order, or consent agreement under TSCA
section 4 covering the chemical substance, persons are required only to
submit information in their possession or control and to describe any
other information known to or reasonably ascertainable by them (see
Sec. 720.50). However, upon review of PMNs and SNUNs, the Agency has
the authority to require appropriate testing. Unit IV. lists
potentially useful information for all SNURs listed here. Descriptions
are provided for informational purposes. The potentially useful
information identified in Unit IV. will be useful to EPA's evaluation
in the event that someone submits a SNUN for the significant new use.
Companies who are considering submitting a SNUN are encouraged, but not
required, to develop the information on the substance, which may assist
with EPA's analysis of the SNUN.
EPA strongly encourages persons, before performing any testing, to
consult with the Agency pertaining to protocol selection. Furthermore,
pursuant to TSCA section 4(h), which pertains to reduction of testing
in vertebrate animals, EPA encourages consultation with the Agency on
the use of alternative test methods and strategies (also called New
Approach Methodologies, or NAMs), if available, to generate the
recommended test data. EPA encourages dialog with Agency
representatives to help determine how best the submitter can meet both
the data needs and the objective of TSCA section 4(h).
The potentially useful information described in Unit IV. may not be
the only means of providing information to evaluate the chemical
substance associated with the significant new uses. However, submitting
a SNUN without any test data may increase the likelihood that EPA will
take action under TSCA section 5(e) or 5(f). 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.
IX. Procedural Determinations
By this rule, EPA is establishing certain significant new uses
which have been claimed as CBI subject to Agency confidentiality
regulations at 40 CFR part 2 and 40 CFR part 720, subpart E. Absent a
final determination or other disposition of the confidentiality claim
under 40 CFR part 2 procedures, EPA is required to keep this
information confidential. EPA promulgated a procedure to deal with the
situation where a specific significant new use is CBI, at Sec.
721.1725(b)(1).
Under these procedures a manufacturer or processor may request EPA
to determine whether a proposed use would be a significant new use
under the rule. The manufacturer or processor must show that it has a
bona fide intent to manufacture or process the chemical substance and
must identify the specific use for which it intends to manufacture or
process the chemical substance. If EPA concludes that the person has
shown a bona fide intent to manufacture or process the chemical
substance, EPA will tell the person whether the use identified in the
bona fide submission would be a significant new use under the rule.
Since most of the chemical identities of the chemical substances
subject to these SNURs are also CBI, manufacturers and processors can
combine the bona fide submission under the procedure in Sec.
721.1725(b)(1) with that under Sec. 721.11 into a single step.
If EPA determines that the use identified in the bona fide
submission would not be a significant new use, i.e., the use does not
meet the criteria specified in the rule for a significant new use, that
person can manufacture or process the chemical substance so long as the
significant new use trigger is not
[[Page 13539]]
met. In the case of a production volume trigger, this means that the
aggregate annual production volume does not exceed that identified in
the bona fide submission to EPA. Because of confidentiality concerns,
EPA does not typically disclose the actual production volume that
constitutes the use trigger. Thus, if the person later intends to
exceed that volume, a new bona fide submission would be necessary to
determine whether that higher volume would be a significant new use.
X. SNUN Submissions
According to Sec. 721.1(c), persons submitting a SNUN must comply
with the same notification requirements and EPA regulatory procedures
as persons submitting a PMN, including submission of test data on
health and environmental effects as described in 40 CFR 720.50. SNUNs
must be submitted on EPA Form No. 7710-25, generated using e-PMN
software, and submitted to the Agency in accordance with the procedures
set forth in 40 CFR 720.40 and Sec. 721.25. E-PMN software is
available electronically at https://www.epa.gov/opptintr/newchems.
XI. Economic Analysis
EPA has evaluated the potential costs of establishing SNUN
requirements for potential manufacturers and processors of the chemical
substances subject to this rule. EPA's complete economic analysis is
available in the docket under docket ID number EPA-HQ-OPPT-2017-0366.
XII. Statutory and Executive Order Reviews
A. Executive Order 12866
This action establishes SNURs for several new chemical substances
that were the subject of PMNs and TSCA section 5(e) consent orders. The
Office of Management and Budget (OMB) has exempted these types of
actions from review under Executive Order 12866, entitled ``Regulatory
Planning and Review'' (58 FR 51735, October 4, 1993).
B. Paperwork Reduction Act (PRA)
According to PRA (44 U.S.C. 3501 et seq.), an agency may not
conduct or sponsor, and a person is not required to respond to a
collection of information that requires OMB approval under PRA, unless
it has been approved by OMB and displays a currently valid OMB control
number. The OMB control numbers for EPA's regulations in title 40 of
the CFR, after appearing in the Federal Register, are listed in 40 CFR
part 9, and included on the related collection instrument or form, if
applicable. EPA is amending the table in 40 CFR part 9 to list the OMB
approval number for the information collection requirements contained
in this action. This listing of the OMB control numbers and their
subsequent codification in the CFR satisfies the display requirements
of PRA and OMB's implementing regulations at 5 CFR part 1320. This
Information Collection Request (ICR) was previously subject to public
notice and comment prior to OMB approval, and given the technical
nature of the table, EPA finds that further notice and comment to amend
it is unnecessary. As a result, EPA finds that there is ``good cause''
under section 553(b)(3)(B) of the Administrative Procedure Act (5
U.S.C. 553(b)(3)(B)) to amend this table without further notice and
comment.
The information collection requirements related to this action have
already been approved by OMB pursuant to PRA under OMB control number
2070-0012 (EPA ICR No. 574). This action does not impose any burden
requiring additional OMB approval. If an entity were to submit a SNUN
to the Agency, the annual burden is estimated to average between 30 and
170 hours per response. This burden estimate includes the time needed
to review instructions, search existing data sources, gather and
maintain the data needed, and complete, review, and submit the required
SNUN.
Send any comments about the accuracy of the burden estimate, and
any suggested methods for minimizing respondent burden, including
through the use of automated collection techniques, to the Director,
Collection Strategies Division, Office of Environmental Information
(2822T), Environmental Protection Agency, 1200 Pennsylvania Ave. NW,
Washington, DC 20460-0001. Please remember to include the OMB control
number in any correspondence, but do not submit any completed forms to
this address.
C. Regulatory Flexibility Act (RFA)
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 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 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 action does not impose any
enforceable duty, contain any unfunded mandate, or otherwise have any
effect on small governments subject to the requirements of UMRA
sections 202, 203, 204, or 205 (2 U.S.C. 1501 et seq.).
E. Executive Order 13132
This action will not have a substantial direct effect on States, on
the relationship between the national government and the States, or on
the distribution of power and responsibilities among the various levels
of government, as specified in Executive Order 13132, entitled
``Federalism'' (64 FR 43255, August 10, 1999).
[[Page 13540]]
F. Executive Order 13175
This action does not have Tribal implications because it is not
expected to have substantial direct effects on Indian Tribes. This
action does not significantly nor uniquely affect the communities of
Indian Tribal governments, nor does it involve or impose any
requirements that affect Indian Tribes. Accordingly, the requirements
of Executive Order 13175, entitled ``Consultation and Coordination with
Indian Tribal Governments'' (65 FR 67249, November 9, 2000), do not
apply to this action.
G. Executive Order 13045
This action is not subject to Executive Order 13045, entitled
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), because this is not an
economically significant regulatory action as defined by Executive
Order 12866, and this action does not address environmental health or
safety risks disproportionately affecting children.
H. Executive Order 13211
This action is not subject to Executive Order 13211, entitled
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001), because
this action is not expected to affect energy supply, distribution, or
use and because this action is not a significant regulatory action
under Executive Order 12866.
I. National Technology Transfer and Advancement Act (NTTAA)
In addition, since this action does not involve any technical
standards, NTTAA section 12(d) (15 U.S.C. 272 note), does not apply to
this action.
J. Executive Order 12898
This action does not entail special considerations of environmental
justice related issues as delineated by Executive Order 12898, entitled
``Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations'' (59 FR 7629, February 16,
1994).
XIII. Congressional Review Act
Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.),
EPA will submit a report containing this rule and other required
information to the U.S. Senate, the U.S. House of Representatives, and
the Comptroller General of the United States prior to publication of
the rule in the Federal Register. This action is not a ``major rule''
as defined by 5 U.S.C. 804(2).
List of Subjects
40 CFR Part 9
Environmental protection, Reporting and recordkeeping requirements.
40 CFR Part 721
Environmental protection, Chemicals, Hazardous substances,
Reporting and recordkeeping requirements.
Dated: March 27, 2019.
Tala Henry,
Acting Deputy Director, Office of Pollution Prevention and Toxics.
Therefore, 40 CFR parts 9 and 721 are amended as follows:
PART 9--[AMENDED]
0
1. The authority citation for part 9 continues to read as follows:
Authority: 7 U.S.C. 135 et seq., 136-136y; 15 U.S.C. 2001,
2003, 2005, 2006, 2601-2671; 21 U.S.C. 331j, 346a, 348; 31 U.S.C.
9701; 33 U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318, 1321, 1326,
1330, 1342, 1344, 1345(d) and (e), 1361; E.O. 11735, 38 FR 21243, 3
CFR, 1971-1975 Comp. p. 973; 42 U.S.C. 241, 242b, 243, 246, 300f,
300g, 300g-1, 300g-2, 300g-3, 300g-4, 300g-5, 300g-6, 300j-1, 300j-
2, 300j-3, 300j-4, 300j-9, 1857 et seq., 6901-6992k, 7401-7671q,
7542, 9601-9657, 11023, 11048.
0
2. In Sec. 9.1, add the following sections in numerical order under
the undesignated center heading ``Significant New Uses of Chemical
Substances'' to read as follows:
Sec. 9.1 OMB approvals under the Paperwork Reduction Act.
* * * * *
------------------------------------------------------------------------
OMB control
40 CFR citation No.
------------------------------------------------------------------------
* * * * *
------------------------------------------------------------------------
Significant New Uses of Chemical Substances.............................
------------------------------------------------------------------------
* * * * *
721.11182............................................... 2070-0012
721.11183............................................... 2070-0012
721.11184............................................... 2070-0012
721.11185............................................... 2070-0012
721.11186............................................... 2070-0012
721.11187............................................... 2070-0012
721.11188............................................... 2070-0012
721.11189............................................... 2070-0012
721.11190............................................... 2070-0012
721.11191............................................... 2070-0012
721.11192............................................... 2070-0012
721.11193............................................... 2070-0012
* * * * *
------------------------------------------------------------------------
* * * * *
PART 721--[AMENDED]
0
3. The authority citation for part 721 continues to read as follows:
Authority: 15 U.S.C. 2604, 2607, and 2625(c).
0
4. Add Sec. Sec. 721.11182 through 721.11193 to subpart E to read as
follows:
Subpart E--Significant New Uses for Specific Chemical Substances
Sec.
* * * * *
721.11182 Silanized amorphous silica (generic).
721.11183 Esteramine (generic).
721.11184 Formic acid, compds. with hydrolyzed bisphenol A-
epichlorohydrin-polyethylene glycol ether with bisphenol A (2:1)
polymer-N1-(1,3-dimethylbutylidene)-N2-[2-[(1, 3-
dimethylbutylidene)amino]ethyl]-1,2-ethanediamine-dialdehyde-2-
(methylamino)ethanol reaction products acetates (salts), (generic).
721.11185 Propanoic acid, 2-hydroxy-, compds. with hydrolyzed
bisphenol A-epichlorohydrin-polyethylene glycol ether with bisphenol
A (2:1) polymer-N1-(1,3-dimethylbutylidene)-N2-[2-[(1, 3-
dimethylbutylidene)amino]ethyl]-1,2-ethanediamine-dialdehyde-2-
(methylamino)ethanol reaction products formates (salts), (generic).
721.11186 Formic acid, compds. with hydrolyzed bisphenol A-
epichlorohydrin-polyethylene glycol ether with bisphenol A (2:1)
polymer-N1-(1,3-dimethylbutylidene)-N2-[2-[(1, 3-
dimethylbutylidene)amino]ethyl]-1,2-ethanediamine-dialdehyde-2-
(methylamino)ethanol reaction products sulfamates (salts),
(generic).
721.11187 Formic acid, compds. with hydrolyzed bisphenol A-
epichlorohydrin-polyethylene glycol ether with bisphenol A (2:1)
polymer-N1-(1,3-dimethylbutylidene)-N2-[2-[(1, 3-
dimethylbutylidene)amino]ethyl]-1,2-ethanediamine-dialdehyde-2-
(methylamino)ethanol reaction products acetates (salts), (generic).
721.11188 Propanoic acid, 2-hydroxy-, compds. with hydrolyzed
bisphenol A-epichlorohydrin-polyethylene glycol ether with bisphenol
A (2:1) polymer-N1-(1,3-dimethylbutylidene)-N2-[2-[(1, 3-
dimethylbutylidene)amino]ethyl]-1,2-ethanediamine-dialdehyde-2-
(methylamino)ethanol reaction products formates (salts), (generic).
721.11189 Formic acid, compds. with hydrolyzed bisphenol A-
epichlorohydrin-polyethylene glycol ether with bisphenol A (2:1)
polymer-N1-(1,3-dimethylbutylidene)-N2-[2-[(1, 3-
dimethylbutylidene)amino]ethyl]-1,2-ethanediamine-dialdehyde-2-
(methylamino)ethanol reaction products sulfamates (salts),
(generic).
721.11190 Inorganic acids, metal salts, compds. with modified
heteroaromatics, (generic).
[[Page 13541]]
721.11191 Inorganic acids, metal salts, compds. with substituted
aromatic heterocycle, (generic).
721.11192 Glucosyltransferase, International Union of Biochemistry
and Molecular Biology Number: 2.4.1.5.
721.11193 Alpha 1,3-polysaccharide (generic).
Sec. 721.11182 Silanized amorphous silica (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance generically identified as
silanized amorphous silica (P-16-192) is subject to reporting under
this section for the significant new uses described in paragraph (a)(2)
of this section.
(2) The significant new uses are:
(i) Industrial, commercial, and consumer activities. It is a
significant new use to manufacture the substance other than in an
amorphous form.
(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.
Sec. 721.11183 Esteramine (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substances identified generically as
esteramine (PMN P-16-354 and P-16-355) are subject to reporting under
this section for the significant new uses described in paragraph (a)(2)
of this section.
(2) The significant new uses are:
(i) Industrial, commercial, and consumer activities. It is a
significant new use to manufacture, process, or use the substances in
any manner that results in inhalation exposure. It is a significant new
use to release a manufacturing, processing, or use stream associated
with any use of the substances, other than the confidential chemical
intermediate use described in the premanufacture notices, into the
waters of the United States exceeding a surface water concentration of
1 part per billion (ppb) using the methods described in Sec. 721.91.
(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) though (e), and (i) are applicable to manufacturers and
processors of these substances.
(2) Limitations or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
Sec. 721.11184 Formic acid, compds. with hydrolyzed bisphenol A-
epichlorohydrin-polyethylene glycol ether with bisphenol A (2:1)
polymer-N1-(1,3-dimethylbutylidene)-N2-[2-[(1, 3-
dimethylbutylidene)amino]ethyl]-1,2-ethanediamine-dialdehyde-2-
(methylamino)ethanol reaction products acetates (salts), (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance generically identified as formic
acid, compds. with hydrolyzed bisphenol A-epichlorohydrin-polyethylene
glycol ether with bisphenol A (2:1) polymer-N1-(1,3-
dimethylbutylidene)-N2-[2-[(1, 3-dimethylbutylidene)amino]ethyl]-1,2-
ethanediamine-dialdehyde-2-(methylamino)ethanol reaction products
acetates (salts), (P-16-380) is subject to reporting under this section
for the significant new uses described in paragraph (a)(2) of this
section.
(2) The significant new uses are:
(i) Industrial, Commercial, and consumer activities. It is a
significant new use to manufacture, process, or use the substance in
any manner that results in inhalation exposure.
(ii) Release to water. Requirements as specified in Sec.
721.90(a)(4), (b)(4), and (c)(4) where N=16.
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (c), (i), and (k) are applicable to manufacturers,
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. 721.11185 Propanoic acid, 2-hydroxy-, compds. with hydrolyzed
bisphenol A-epichlorohydrin-polyethylene glycol ether with bisphenol A
(2:1) polymer-N1-(1,3-dimethylbutylidene)-N2-[2-[(1, 3-
dimethylbutylidene)amino]ethyl]-1,2-ethanediamine-dialdehyde-2-
(methylamino)ethanol reaction products formates (salts), (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance generically as propanoic acid, 2-
hydroxy-, compds. with hydrolyzed bisphenol A-epichlorohydrin-
polyethylene glycol ether with bisphenol A (2:1) polymer-N1-(1,3-
dimethylbutylidene)-N2-[2-[(1, 3-dimethylbutylidene)amino]ethyl]-1,2-
ethanediamine-dialdehyde-2-(methylamino)ethanol reaction products
formates (salts), (P-16-381) is subject to reporting under this section
for the significant new uses described in paragraph (a)(2) of this
section.
(2) The significant new uses are:
(i) Industrial, Commercial, and consumer activities. It is a
significant new use to manufacture, process, or use the substance in
any manner that results in inhalation exposure.
(ii) Release to water. Requirements as specified in Sec.
721.90(a)(4), (b)(4), and (c)(4) where N=16.
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (c), (i), and (k) are applicable to manufacturers,
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. 721.1118 6 Formic acid, compds. with hydrolyzed bisphenol A-
epichlorohydrin-polyethylene glycol ether with bisphenol A (2:1)
polymer-N1-(1,3-dimethylbutylidene)-N2-[2-[(1, 3-
dimethylbutylidene)amino]ethyl]-1,2-ethanediamine-dialdehyde-2-
(methylamino)ethanol reaction products sulfamates (salts), (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance generically identified as formic
acid, compds. with hydrolyzed bisphenol A-epichlorohydrin-polyethylene
glycol ether with bisphenol A (2:1) polymer-N1-(1,3-
dimethylbutylidene)-N2-[2-[(1, 3-dimethylbutylidene)amino]ethyl]-1,2-
ethanediamine-dialdehyde-2-(methylamino)ethanol reaction products
sulfamates (salts), (P-16-382) is subject to reporting under this
section for the significant new uses described in paragraph (a)(2) of
this section.
(2) The significant new uses are:
(i) Industrial, Commercial, and consumer activities. It is a
significant new use to manufacture, process, or use the substance in
any manner that results in inhalation exposure.
(ii) Release to water. Requirements as specified in Sec.
721.90(a)(4), (b)(4), and (c)(4) where N=16.
(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 13542]]
Sec. 721.125(a) through (c), (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.
Sec. 721.11187 Formic acid, compds. with hydrolyzed bisphenol A-
epichlorohydrin-polyethylene glycol ether with bisphenol A (2:1)
polymer-N1-(1,3-dimethylbutylidene)-N2-[2-[(1, 3-
dimethylbutylidene)amino]ethyl]-1,2-ethanediamine-dialdehyde-2-
(methylamino)ethanol reaction products acetates (salts), (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance generically identified as formic
acid, compds. with hydrolyzed bisphenol A-epichlorohydrin-polyethylene
glycol ether with bisphenol A (2:1) polymer-N1-(1,3-
dimethylbutylidene)-N2-[2-[(1, 3-dimethylbutylidene)amino]ethyl]-1,2-
ethanediamine-dialdehyde-2-(methylamino)ethanol reaction products
acetates (salts), (P-16-383) is subject to reporting under this section
for the significant new uses described in paragraph (a)(2) of this
section.
(2) The significant new uses are:
(i) Industrial, Commercial, and consumer activities. It is a
significant new use to manufacture, process, or use the substance in
any manner that results in inhalation exposure.
(ii) Release to water. Requirements as specified in Sec.
721.90(a)(4), (b)(4), and (c)(4) where N=16.
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (c), (i), and (k) are applicable to manufacturers,
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. 721.11188 Propanoic acid, 2-hydroxy-, compds. with hydrolyzed
bisphenol A-epichlorohydrin-polyethylene glycol ether with bisphenol A
(2:1) polymer-N1-(1,3-dimethylbutylidene)-N2-[2-[(1, 3-
dimethylbutylidene)amino]ethyl]-1,2-ethanediamine-dialdehyde-2-
(methylamino)ethanol reaction products formates (salts), (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance generically identified as
propanoic acid, 2-hydroxy-, compds. with hydrolyzed bisphenol A-
epichlorohydrin-polyethylene glycol ether with bisphenol A (2:1)
polymer-N1-(1,3-dimethylbutylidene)-N2-[2-[(1, 3-
dimethylbutylidene)amino] ethyl]-1,2-ethanediamine-dialdehyde-2-
(methylamino)ethanol reaction products formates (salts), (P-16-384) is
subject to reporting under this section for the significant new uses
described in paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Industrial, Commercial, and consumer activities. It is a
significant new use to manufacture, process, or use the substance in
any manner that results in inhalation exposure.
(ii) Release to water. Requirements as specified in Sec.
721.90(a)(4), (b)(4), and (c)(4) where N=16.
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (c), (i), and (k) are applicable to manufacturers,
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. 721.11189 Formic acid, compds. with hydrolyzed bisphenol A-
epichlorohydrin-polyethylene glycol ether with bisphenol A (2:1)
polymer-N1-(1,3-dimethylbutylidene)-N2-[2-[(1, 3-
dimethylbutylidene)amino]ethyl]-1,2-ethanediamine-dialdehyde-2-
(methylamino)ethanol reaction products sulfamates (salts), (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance generically identified as formic
acid, compds. with hydrolyzed bisphenol A-epichlorohydrin-polyethylene
glycol ether with bisphenol A (2:1) polymer-N1-(1,3-
dimethylbutylidene)-N2-[2-[(1, 3-dimethylbutylidene)amino]ethyl]-1,2-
ethanediamine-dialdehyde-2-(methylamino)ethanol reaction products
sulfamates (salts), (P-16-385) is subject to reporting under this
section for the significant new uses described in paragraph (a)(2) of
this section.
(2) The significant new uses are:
(i) Industrial, Commercial, and consumer activities. It is a
significant new use to manufacture, process, or use the substance in
any manner that results in inhalation exposure.
(ii) Release to water. Requirements as specified in Sec.
721.90(a)(4), (b)(4), and (c)(4) where N=16.
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (c), (i), and (k) are applicable to manufacturers,
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. 721.11190 Inorganic acids, metal salts, compds. with modified
heteroaromatics, (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
inorganic acids, metal salts, compds. with modified heteroaromatics,
(PMN P-16-483) is subject to reporting under this section for the
significant new uses described in paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(j). It is a significant new use to
manufacture, process, or use the substance without the engineering
controls described in the premanufacture notice to limit exposure to
dust.
(ii) Release to water. Requirements as specified in Sec.
721.90(a)(4), (b)(4), and (c)(4) where N=34.
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (c), (i), and (k) are applicable to manufacturers
and processors of this substance.
(2) Limitations or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
(3) Determining whether a specific use is subject to this section.
The provisions of Sec. 721.1725(b)(1) apply to paragraph (a)(2)(i) of
this section.
Sec. 721.11191 Inorganic acids, metal salts, compds. with
substituted aromatic heterocycle, (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
inorganic acids, metal salts, compds. with substituted aromatic
heterocycle, (PMN P-16-484) is subject to reporting under this section
for the significant new uses described in paragraph (a)(2) of this
section.
(2) The significant new uses are:
(i) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(j). It is a significant new use to
manufacture, process, or use the substance without the engineering
controls described in the
[[Page 13543]]
premanufacture to limit exposure to dust.
(ii) Release to water. Requirements as specified in Sec.
721.90(a)(4), (b)(4), and (c)(4) where N=34.
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (c), (i), and (k) are applicable to manufacturers
and processors of this substance.
(2) Limitations or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
(3) Determining whether a specific use is subject to this section.
The provisions of Sec. 721.1725(b)(1) apply to paragraph (a)(2)(i) of
this section.
Sec. 721.11192 Glucosyltransferase, International Union of
Biochemistry and Molecular Biology Number: 2.4.1.5.
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified as
glucosyltransferase, International Union of Biochemistry and Molecular
Biology Number: 2.4.1.5 (PMN P-16-575, CAS No. 9032-14-8) 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) Industrial, commercial, and consumer activities. It is a
significant new use to manufacture, process, or use the substance in
any manner that results in inhalation exposure.
(ii) [Reserved]
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (c), and (i) are applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
Sec. 721.11193 Alpha 1,3-polysaccharide (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance generically identified as alpha
1,3-polysaccharide (generic) (PMN P-16-581) is subject to reporting
under this section for the significant new uses described in paragraph
(a)(2) of this section.
(2) The significant new uses are:
(i) Industrial, commercial, and consumer activities. It is a
significant new use to use the substance other than as a polymer
additive, paper coating component, composite component, or fiber
additive. It is a significant new use to manufacture, process or use
the PMN substance with particle size less than 10 micrometers.
(ii) [Reserved]
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (c) and (i) are applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
[FR Doc. 2019-06624 Filed 4-4-19; 8:45 am]
BILLING CODE 6560-50-P