Significant New Use Rules on Certain Chemical Substances, 43266-43302 [2019-16099]
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Federal Register / Vol. 84, No. 161 / Tuesday, August 20, 2019 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 9 and 721
[EPA–HQ–OPPT–2017–0366; FRL–9994–72]
RIN 2070–AB27
Significant New Use Rules on Certain
Chemical Substances
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
SUMMARY: EPA is issuing significant new
use rules (SNURs) under the Toxic
Substances Control Act (TSCA) for 145
chemical substances which are the
subject of premanufacture notices
(PMNs). The chemical substances are
subject to Orders issued by EPA
pursuant to section 5(e) of TSCA. This
action requires persons who intend to
manufacture (defined by statute to
include import) or process any of these
145 chemical substances for an activity
that is designated as a significant new
use by this rule to notify EPA at least
90 days before commencing that
activity. The required notification
initiates EPA’s evaluation of the use,
under the conditions of use for that
chemical substance, 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 by
that determination.
DATES: This rule is effective on October
21, 2019. For purposes of judicial
review, this rule shall be promulgated at
1 p.m. (e.s.t.) on September 3, 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.
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SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
You may be potentially affected by
this action if you manufacture, process,
or use the chemical substances
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contained in this rule. The following list
of North American Industrial
Classification System (NAICS) codes is
not intended to be exhaustive, but rather
provides a guide to help readers
determine whether this document
applies to them. Potentially affected
entities may include:
• Manufacturers or processors of one
or more subject chemical substances
(NAICS codes 325 and 324110), e.g.,
chemical manufacturing and petroleum
refineries.
This action may also affect certain
entities through pre-existing import
certification and export notification
rules under TSCA. Chemical importers
are subject to the TSCA section 13 (15
U.S.C. 2612) import certification
requirements promulgated at 19 CFR
12.118 through 12.127 and 19 CFR
127.28. Chemical importers must certify
that the shipment of the chemical
substance complies with all applicable
rules and orders under TSCA. Importers
of chemicals subject to these SNURs
must certify their compliance with the
SNUR requirements. The EPA policy in
support of import certification appears
at 40 CFR part 707, subpart B. In
addition, any persons who export or
intend to export a chemical substance
that is the subject of this rule on or after
September 19, 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 these SNURs under
TSCA section 5(a)(2) for 145 substances
which were the subject of PMNs. 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.
In the Federal Register of August 1,
2018 (83 FR 37455) (FRL–9981–16),
EPA proposed a SNUR for these 145
chemical substances in 40 CFR part 721,
subpart E, and reopened the public
comment period in the Federal Register
of October 15, 2018 (83 FR 51910) (FRL–
9984–72). This reopened comment
period closed on November 14, 2018.
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–2017–0366.
That docket includes information
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considered by the Agency in developing
the proposed and final rules.
EPA received public comments on the
proposed rule. Those comments and
EPA’s responses are found in Unit IV.
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 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)). In the case
of a determination other than not likely
to present unreasonable risk, the
applicable review period must also
expire before manufacturing or
processing for the new use may
commence.
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 use is not likely to
present an unreasonable risk of injury
under the conditions of use for the
chemical substance or take such
regulatory action as is associated with
an alternative determination before the
manufacture or processing for the
significant new use can commence. In
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the case of a determination other than
not likely to present unreasonable risk,
the applicable review period must also
expire before manufacturing or
processing for the new use may
commence. If EPA determines that the
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 determining 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. Note that
when the Agency issues an order under
TSCA section 5(e), section 5(f)(4)
requires that the Agency consider
whether to promulgate a SNUR for any
use not conforming to the restrictions of
the order or publish a statement
describing the reasons for not initiating
the rulemaking.
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.
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Anonymous Comments
EPA received 8 anonymous comments
on the proposed rule. These comments
were general in nature and not specific
to or relevant to any of the proposed
SNURs. No response is required.
Ad Hoc Testing Policy Change
Comment: One commenter noted that
EPA has instituted an ad hoc testing
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policy change without acknowledging it
has done so and without meeting
TSCA’s requirements. With these
proposed SNURs, the commenter
continues, EPA has implemented a
significant departure from past policy
and practice by ceasing to include any
testing requirements or identifying any
recommended testing. Instead, the
commenter states, each chemicalspecific description in Unit IV of the
proposed rule only identifies
‘‘potentially useful information’’ that
EPA indicates is only being ‘‘provided
for informational purposes;’’ EPA has
not defined what it means for
information to be only potentially useful
and why EPA does not identify the
information as actually useful or
necessary. Finally, the commenter states
that, moreover, EPA provides no
explanation for why it no longer
identifies testing as ‘‘recommended
testing,’’ as it previously did, and
instead only describes the associated
information as ‘‘potentially useful.’’
Response: The comment pertains to
the preambles of each SNUR, which are
not requirements for testing. The
comment is misinformed, as section
5(a)(2) never has provided authority to
require testing in SNUNs. Rather, EPA
has identified recommended testing that
appeared likely to assist with review of
a SNUN. That the testing is now
characterized as ‘‘potentially useful’’
rather than ‘‘recommended’’ takes into
account the possibility that there may be
a variety of information and/or data that
would assist with the review of a SNUN,
in addition to the testing that the
Agency has identified. SNUN submitters
may want to consider submitting
information (i.e. exposure or toxicity
data) that EPA had identified as
potentially useful when the new
chemical substance was originally
reviewed. EPA is not establishing a new
testing policy that is based on exposure
considerations, as described under
TSCA section 26(l)(3).
In addition, as stated on EPA’s new
chemicals website (https://
www.epa.gov/reviewing-new-chemicalsunder-toxic-substances-control-act-tsca/
actions-under-tsca-section-5): ‘‘EPA has
modified language in its regulatory
documents to ensure consistency with
TSCA section 4(h) requirements to
reduce testing on vertebrates to the
extent practicable. Section 5(e) Orders
will now contain a statement of need
that explains the basis for any decision
that requires the use of vertebrate
animals. In addition, EPA is modifying
language in its legal documents
describing test requirements to reflect a
preference for tiered testing and use of
non-vertebrate testing strategies first and
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using that test data to inform whether
higher tiered testing (including testing
of vertebrates) is necessary. Similarly,
EPA is modifying language in its SNURs
to more generally describe the
information EPA believes would help
characterize chemical properties, fate
and/or the potential human health and
environmental effects associated with a
significant new use of the chemical
substance, rather than list specific
recommended tests. EPA is encouraging
companies to consult with the Agency
on the potential for use of alternative
test methods and strategies (also called
New Approach Methodologies, or
NAMs) to generate data to inform risk
assessment. EPA encourages dialogue
with Agency representatives to help
determine how best the submitter can
meet both the data needs and the
objective of TSCA section 4(h).’’
Isocyanates
One entity commented on proposed
SNURs for two isocyanate-based
polymers or prepolymers: Aliphatic Nalkyl urea polymer containing
cyclohexyl groups and trimethoxy
silanes (generic) (721.11029; P–15–706)
and aliphatic N-alkyl urea polymer
containing aspartic ester groups and
trimethoxy silanes (generic) (721.11030;
P–15–707). For both of these SNURs,
EPA proposed that the absence of the
protective measures in the underlying
TSCA 5(e) Order—including exceeding
a specified weight of residual
isocyanates in the PMN substances,
consumer use, exceeding a workplace
exposure limit (NCEL), and
manufacture, processing or use without
personal protective equipment—would
be reportable significant new uses.
Comment: The commenter made the
following points:
• EPA should clarify the proposed
and direct final SNURs to the extent it
is basing them on concerns with excess
or residual isocyanate monomers. EPA
appears to be basing the proposed
SNURs on the potential for the hazards
or risks of excess or residual isocyanate
monomer in mixture with this
isocyanate-based polymer or
prepolymer. These isocyanate
monomers are existing chemicals with
many ongoing uses, including use as a
monomer or use in excess or residual
monomer. EPA has not transparently
identified those monomers as being
subject to the proposed SNURs. EPA
may not use its SNUR authority to
address ongoing uses of the isocyanate
monomers.
• EPA should clarify the basis, scope,
and provisions of the proposed SNURs.
In particular, EPA should clarify its
basis for both the imposed limitations
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on residual isocyanates and the derived
New Chemical Exposure Limit (NCEL).
EPA should also clarify the proposed
regulatory text and the preamble of the
proposed SNURs, which include
inconsistent language regarding when
respiratory and dermal protection is
needed.
• EPA should defer personal
protective equipment (PPE) and hazard
communication provisions to the
applicable OSHA requirements.
• EPA should delete the provisions
incorporating the recordkeeping
requirements in 40 CFR 721.125, as it
did in the proposed TDI SNUR, 80 FR
2068 (Jan. 15, 2015), and some others.
In response to this commenter,
another commenter stated that
regardless of whether there are separate
ongoing uses for these isocyanates, their
presence here as residuals is directly
associated with the manufacture of a
new chemical substance that EPA has
reviewed and for which it has
determined that the PMN substance may
present an unreasonable risk. It is
therefore appropriate in this and other
such cases that EPA promulgates SNURs
that would require notification and EPA
review of potential risks posed by the
residual isocyanates present in the PMN
substance prior to allowing expanded
manufacture or use. In addition, these
isocyanates have never been used to
produce the PMN substance before; this
particular significant new use identified
by EPA—i.e., manufacture of the PMN
substance with a residual isocyanate
level above 0.1%—would constitute a
significant new use of both the relevant
isocyanates and the PMN substance
requiring notification under TSCA
section 5.
Response: EPA is concerned about the
health effects of any residual monomer
as well as unreacted isocyanate groups
on a polymer when assessing the risks
for the new chemical substances. EPA
has the authority under section 5 of
TSCA to address any risks associated
with the manufacture, processing, and
use of the new chemical substances
even if those risks are based on the
presence of existing chemical
substances. The SNUR only applies to
activities associated with the new
chemical substances. Activities
associated with the new chemical
substance are not ongoing activities of
the existing chemical substance. EPA
did not receive specific, quantitative
information that demonstrates the
chemical substance subject to these
proposed SNURs exhibit a lower
potential for the hazards and potential
risks described in the proposed SNUR
or that they will specifically replace a
chemical substance with a higher
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potential for hazards and risks. EPA is
issuing the SNUR as proposed to
provide the Agency with the
opportunity to review any new uses for
potential unreasonable risks. As
described in the Agency’s 2011 Action
Plan for MDI and TDI, diisocyanates are
well-known dermal and inhalation
sensitizers in the workplace and have
been documented to cause asthma, lung
damage, and in severe cases, fatal
reactions. EPA is concerned about
potential health effects that may result
from exposures of consumers or selfemployed workers while using products
containing uncured (unreacted) MDI
and TDI and its related polyisocyanates
(e.g., spray-applied foam sealants,
adhesives, and coatings) or incidental
exposures to the general population
while such products are used in or
around buildings including homes or
schools. While workers may already be
using protective controls in
occupational settings, due to the nature
of the potential risk posed by these
chemicals, EPA believes it is prudent to
emphasize its concern through
respiratory protection requirements
where there is potential for inhalation
exposure, in addition to proposing
significant new uses such as consumer
use and application method.
Accordingly, the regulatory actions for
new diisocyanates reflects EPA’s policy
of consistent treatment of the entire
class of potentially hazardous
chemicals, regardless of their statutory
status as ‘‘new’’ or ‘‘existing’’ chemicals.
With regards to deferring PPE and
hazard communication requirements to
OSHA, and to the basis for imposed
limitations on residual isocyanates and
the derived New Chemical Exposure
Limit (NCEL), the 5(e) Order included
these protective measures and these
comments constitute challenges to
certain TSCA section 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
section 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 modify the
SNURs on the basis of these comments.
With regards to clarifying the
proposed regulatory text and the
preamble of the proposed SNURs,
which include inconsistent language
regarding when respiratory and dermal
protection is needed, the regulatory text
for § 721.63 states that workers who are
‘‘reasonably likely to be exposed’’ are
required to use the personal protective
equipment identified in the SNUR. The
preamble language is a summary of
SNUR requirements and is not intended
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describe every detail of the SNUR
requirements. Persons manufacturing or
processing a chemical substance subject
to a SNUR should follow the
requirements cited in the regulatory text
of the SNUR.
With regards to the comment about
recordkeeping, the SNUR cited by the
commenter are existing chemical
SNURs where EPA determined
recordkeeping was not needed for
various reasons. For example, when the
significant new use for an existing
chemical is ‘‘any use’’ there is typically
no recordkeeping required because there
are no records to be maintained that
would inform EPA inspection or
enforcement. Because these are new
chemical SNURs, EPA will continue to
require recordkeeping for all new
chemical SNURs to better allow EPA to
inspect and enforce SNUR requirements
at facilities where chemicals subject to
SNURs are manufactured and
processed.
Consistency Between SNURs and Orders
(a). General
Comment: One commenter stated that
the Lautenberg Act requires that SNUR
requirements conform with
requirements of TSCA section 5(e) and
5(f) actions and Orders or that EPA
publish a statement explaining why
EPA is not doing so, and that EPA
should not deviate from prior policy
and practice, which correctly
implements the law. The commenter
then identified instances where the
Order requirements were not consistent
with the SNUR requirements (see
subsequent comments, below).
Response: In general, EPA agrees that
SNURs should be consistent with the
underlying action or order; however,
EPA has never considered that SNURs
must have exactly the same
requirements. For example, when an
Order requires certain testing before
manufacture exceeding a certain
production limit or time limit, the
corresponding SNUR requires
notification before exceeding that time
or production volume limit. It does not
require testing before exceeding the time
or production volume limit. Under a
TSCA section 5(e) Order, It would be
problematic to require the same test
from two different entities. The purpose
of the SNUR requirement is for the
manufacturer to notify EPA and for EPA
to determine what, if any, testing should
be required based on all available
information available. at the time of
notification. In the sections that follow,
EPA has listed those instances where
the commenter identified differences
between the Order and the SNUR and
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either explained the differences or made
the change.
(b). Protection in the Workplace
Comment: One commenter noted that
a number of the proposed SNURs
identify a significant new use as any use
where worker protection equipment is
not provided, and that some but not all
of the SNURs correctly mirror the
corresponding 5(e) Order by requiring
specific respirators, gloves, and other
equipment to be used when the
chemical is present in a specified
‘‘form’’ or physical state. For example,
the Order for P–17–272 identified three
forms (particulate, gas/vapor, or
combination gas/vapor and particulate
(e.g., paint spray mist)). However, the
corresponding proposed SNUR does not
identify any forms, rather, it only states
that ‘‘* * * [r]equirements as specified
in § 721.63(a)(1), (a)(2)(i), (iii), (iv),
(a)(3). When determining which persons
are reasonably likely to be exposed as
required for § 721.63(a)(1) engineering
control measures * * * or
administrative control measures * * *
shall be considered and implemented to
prevent exposure, where feasible.’’ This
inconsistency is significant because if
the form of the chemical substance is
not identified in subpart E (i.e., in the
proposed SNUR), the workplace
protections required under
§ 721.63(a)(1) or (a)(4) will not fully
apply for the dermal and airborne
exposures to those forms. Below are
PMNs where one, or all, of the forms
identified in the corresponding consent
order are not specified in the proposed
SNURs:
• Does not identify any of the forms
identified in the Order: P–14–0472, P–
14–0496, P–16–0358, P–17–0272–77, P–
17–0278–80
• Does not identify particulate form:
P–15–0707, P–16–0430, P–16–0513
• Does not identify gas/vapor form:
P–16–0399
• Does not identify combination of
gas/vapor and particulate (EPA provides
as an example in the consent order,
‘‘paint spray mist’’): P–14–0630, P–15–
0450, P–15–0705–07, P–16–0322, P–16–
0352 (chemicals A and B), P–16–0399,
P–16–0430, P–16–0513, P–17–0032, P–
17–0033–140.
The commenter states that EPA must
eliminate these inconsistencies in the
final SNURs and ensure that all forms
triggering worker protections specified
in the Orders are also specified in the
corresponding final SNURs.
Response: For P–14–472, P–14–496,
P–14–630, P–15–0450, P–16–322, P–16–
358, P–16–399, P–17–272 to P–17–277,
P–17–278 to P–17–280, P–15–705–707,
P–16–352, P–16–430, P–16–0513, P–17–
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0032 the Agency agrees that the form in
the SNUR does not match the Order and
has corrected that oversight in the final
SNUR. For the SNURs for P–17–33
through P–17–140, all three forms—gas,
vapor, and particulate—are correctly
identified. Any combination of these
forms requires the identified personal
protective equipment.
(c). Industrial, Commercial, and
Consumer Activities—Time Limits
Under 40 CFR 721.80(p)
Comment: One commenter noted that
a number of the 5(e) Orders require the
manufacturing (including import) to
cease after a period of time unless
certain conditions have been met. For
example, the Order for P–15–450
establishes a time limit that triggers
testing requirements, effective from the
Notice of Commencement of
Manufacture or Import (NOC) date, after
which the chemical substance can no
longer be manufactured by the company
subject to the Order unless the testing is
conducted. Other Orders establish a
volume limit that cannot be exceeded
unless the testing is conducted. The
commenter continues by noting that the
proposed SNURs appear to rely on 40
CFR 721.80(p) to effectuate this type of
production limit restriction in the
Orders. 40 CFR 721.80(p) states that,
where a substance is specified as being
subject to that section, a significant new
use is the ‘‘[a]ggregate manufacture and
importation volume for any use greater
than that specified in subpart E of this
part for the substance,’’ in the proposed
SNURs. This delineation of a significant
new use clearly only includes a volume
limitation. In prior SNURs codified in
subpart E, EPA cites to 40 CFR 721.80(p)
and correctly specifies a volume
limitation. See, e.g., 40 CFR 721.10524
and 721.10935. The proposed SNURs
covering the substances in P–15–450, P–
16–289, P–16–399, and P–17–198 each
propose to rely on this restriction for a
time limitation. EPA’s reliance only on
cross-referencing 40 CFR 721.80(p) is
problematic because in a number of the
proposed SNURs EPA cites 40 CFR
721.80(p) as identifying a significant
new use but then only specifies a time
limitation (e.g., 6 months, 12 months, 6
years), not a volume limitation.
Including only a time limitation in the
SNURs in subpart E while also citing 40
CFR 721.80(p)—which provides only for
a volume limitation—creates confusion
regarding the actual restriction
applicable to the substance. If EPA’s
intention is to impose a volume
limitation, EPA should clearly identify
the specific volume in the proposed
SNUR. And if EPA wants to set a time
limitation instead of or in addition to a
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volume limitation, EPA must spell that
out in the proposed SNUR. For instance,
in the past, EPA has set a limit at ‘‘any
amount after [x date].’’ See, e.g., 40 CFR
721.10522, 721.10527, and 721.10619.
Regardless of the approach, EPA must
ensure that the final SNURs capture all
of the restrictions in the 5(e) Orders.
The commenter continues that EPA’s
approach to specifying time limitations
is made more confusing because the
proposed SNURs fail to explain that the
time limit originated and is specified in
the Order, and more importantly fail to
identify the trigger that starts the clock
ticking toward the time limit. The
proposed SNURs state that a significant
new use is any use as described in 40
CFR 721.80(p), with a time period (e.g.,
six months) noted in parentheses but
without any further explanation. While
the original PMN submitter may
understand this in the context of its
Order, the commenter states, any other
company subject to the SNUR would
not. Accordingly, EPA needs to specify,
at a minimum, when the time period
commences, which based on the Order
is upon the PMN submitter’s filing of a
NOC. Even then, it is not clear how a
second company would timely know
that a NOC had been filed by the PMN
submitter, thereby triggering the time
period to start. It is also not clear how
EPA would address a situation in which
a SNUR is finalized preceding or
otherwise in the absence of the filing of
a NOC.
Second, the Order for P–16–0289
includes numerous time limitations on
the manufacturing volume of the
chemical substance, yet the
corresponding proposed SNUR fails to
include all but one of them. The
proposed SNUR states that a significant
new use is any use as described in 40
CFR 721.80(p), with ‘‘six months’’ in
parentheses. In addition to the concern
raised previously about the ambiguity of
relying solely on a time limitation when
EPA also intends to have a volume
limitation, in this case the Order sets
additional limitations that are not
included at all in the SNUR. These
include a prohibition on manufacturing
unless the company ‘‘measures the
particle size distribution to characterize
the particle size distribution of fractions
less than 10 microns of the dry particle
PMN substance’’: (1) Twice every twelve
months after the six months is over, if
there is commercial production, until a
total of six tests are performed; and (2)
if there are changes in the
manufacturing process that could result
in different particle sizes. Rather than
rely solely on cross-referencing 40 CFR
721.80(p), EPA should spell out the
restrictions from the Order in the
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proposed SNUR or cite to 40 CFR
721.80(k) and (q), which in turn cite to
the restrictions set by the Order.
Ultimately, whichever way EPA chooses
to make this correction, EPA must make
sure that the limits set by the final
SNUR are clear, and fully conform to
the limits in the Order.
Response: In response to this
comment, in the final rule EPA presents
the specific time restriction rather than
cross-referencing § 721.80(p). For all the
SNURs cited, the time limits refer to the
time after—any manufacturer—begins
manufacture of the PMN substance.
Each manufacturer is permitted to
manufacture up to the time limit
identified in the SNUR from the time
they begin manufacture. They are not
required to base their time limit on the
actions of other manufacturers or the
notice of commencement. If that were
the case some manufacturers could be
required to notify EPA before they even
begin manufacture. Therefore, EPA is
removing the reference to § 721.80(p)
and clarifying that ‘‘It is a significant
new use to manufacture for a period
longer than (time period cited in the
underlying Order).’’ For those instances
where there are multiple time limits in
the Order, corresponding to multiple
testing requirements, only the first limit
will be included in the SNUR, because
by the time of any SNUN submission,
the Agency may possess new
information that changes its initial data
requirements and any new time limits
would be the subject of EPA’s finding
for the SNUN.
(d). Other Discrepancies Between
Orders and SNURs
Comment: The same commenter
noted the following examples of other
discrepancies between Orders and
corresponding proposed SNURs with
respect to the specification of significant
new uses for industrial, commercial,
and consumer activities:
For P–14–0630, the Order states that
using the chemical substance in a
consumer product that generates
‘‘vapor’’ is prohibited. The proposed
SNUR does not include generation of
vapor as a significant new use.
For P–16–0273–74, the Order states
that the chemical substance can only be
imported in totes. The proposed SNUR
does not include that limitation.
For P–16–0495, the Order states that
the chemical substance can only be used
for a specific confidential use. The
proposed SNUR sets no such limit. The
SNUR should cite to 40 CFR 721.80(k)
(‘‘use other than allowed by the section
5(e) consent order’’).
For P–17–0032, the Order includes a
separate volume limit for processing the
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substance. The SNUR only sets a
volume limit for manufacture and
import and not one for processing. EPA
must include the processing limit in the
SNUR.
Response: For the SNUR for P–16–
495, the Agency has corrected the
oversight in the proposed rule and the
final SNUR for that chemical substance
now cites 40 CFR 721.80(k). For the
SNUR for P–17–32, the Agency agrees
that there was an oversight in the
proposed rule. The final SNUR for that
chemical substance now also includes
the statement ‘‘It is a significant new use
to process the substance beyond the
confidential annual volume cited in the
5(e) Order.’’ For the SNUR for P14–630
EPA has added generation of vapor in a
consumer product as a significant new
use because it is part of the Order but
was inadvertently not included in the
proposed rule. For the SNUR for P16–
273 and 274 the Order erroneously
references in the preamble a
requirement to import the chemicals in
totes. However, this is not a requirement
of the Order. Therefore, EPA did not
include that requirement for the final
SNUR for P–16–273 and 274.
(e). Human Health, Environmental
Hazard, Exposure, and Precautionary
Statements
Comment: One commenter noted
inconsistencies between the hazard
communication statements that would
be required by the proposed SNURs and
those required in the corresponding 5(e)
Orders.
For P–14–0496, the SNUR is missing
the ‘‘disposal restrictions apply’’
warning specified at 40 CFR
721.72(g)(4)(i). This warning is required
by the underlying 5(e) Order for PMNs
P14–0472 and P14–0496. For P–17–
0272, the SNUR is missing the
precautionary statement for
developmental effects (40 CFR
721.72(g)(1)(vi)). This statement is
required by the 5(e) Order for P–17–
0272 through –0277. Given that each of
these precautionary statements is
required by the corresponding Orders,
they must be included in the final
SNURs.
Response: This is an oversight and is
corrected in the final SNURs for these
substances.
Comment: The same commenter
noted that for two of the proposed
SNURs associated with the Order for P–
17–33 through P–17140, the proposed
SNURs are lacking a requirement for
three hazards statements: Toxic to fish
(40 CFR 721.72(g)(3)(i)), toxic to aquatic
organisms (40 CFR 721.72(g)(3)(ii)), and
disposal restrictions apply (40 CFR
721.72(g)(4)(i)). The two SNURs are for
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certain halogenated sodium benzoate
salts, 40 CFR 721.11053, and certain
halogenated sodium benzoic acids, 40
CFR 721.11054. Because the Order
applies to multiple substances and
redacts certain information (likely
health and safety information not
eligible for redaction under TSCA
section 14), it is not possible for the
public to know whether the hazard
statements are or are not required for the
chemicals subject to the SNURs noted
above. EPA should ensure that there are
no inconsistencies between the
requirements of the SNURs and the
Order for these chemicals.
Response: The hazard statements
identified by the commenter only apply
to the chemicals subject to the SNUR in
40 CFR 721.11055. Those hazard
statements are not required in the Order
for the chemicals subject to the SNUR
in 40 CFR 721.11053 and 11054. EPA
will finalize those requirements as
proposed.
(f). Additional Errors in the Proposed
SNURs
Comment: For P–17–33 through P–
17–140, there are three separate SNURs
that cover the many chemicals covered
by that one Order. One commenter
noted that the SNUR for sodium
benzoate salts states that a significant
new use is any use other than those
allowed in the Order, which is
applicable to all of the substances P–17–
33 through P–17–140 (to be codified at
40 CFR 721.11053(a)(2)(iii)) (citing 40
CFR 721.80(k)). This restriction, the
commenter continues, is not specified
in the other two SNURs (to be codified
at 40 CFR 721.11054(a)(2)(iii),
721.11055(a)(2)(iii)), and EPA must fix
this error and ensure that each proposed
SNUR contains all of the restrictions
governing the relevant chemicals that
appear in the Order.
Response: The requirement cited in
40 CFR 11053(a)(2)(iii) for 40 CFR
721.80(k) was erroneously included in
the proposed SNUR. The Order for P17–
33 through P17–140 does not include a
restriction on use. EPA has removed this
requirement from the final SNUR.
Comment: Additionally, the
commenter noted that P–16–352 had
one Order covering two separate
chemicals, with each having a proposed
SNUR. The volume limitation set in the
Order was for the substances combined.
One commenter noted that both
proposed SNURs contained errors. First,
the combined volume limits set in
§ 721.11039 are incorrect because it
cites itself twice—‘‘this substance and
the substance subject to 721.11039’’—
instead of citing itself and the other
PMN substance at § 721.11040. 83 FR at
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37725. Second, § 721.11040 cites to an
incorrect SNUR, ‘‘§ 721.9998,’’ for its
combined volume limit, when it should
cite to the other PMN substance at
section 721.11039 Id. EPA must ensure
that the combined volume limitations in
the final SNURs are correct.
Response: EPA has corrected the
cross-references in the final rule to the
correct SNUR.
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Chemical Identity Correction: SNUR for
P–17–278 Through P–17–280 (40 CFR
721.11058)
EPA has modified the generic
chemical identity from ‘‘fatty acid
amide alkyl amine salts’’ in the
proposed rule to ‘‘fatty acid derived
imidazoline salts’’ for the SNUR for P–
17–278 through P–17–280 (40 CFR
721.11058), to agree with the generic
name provided in the Notice of
Commencement of Manufacture or
Import (NOC) submitted for these PMN
substances.
Comments Specific to the Proposed
SNUR at 40 CFR 721.11027: Aluminum
Cobalt Lithium Nickel Oxide (PMN P–
15–0450; CASRN 177997–13–6)
Comment: Four entities commented
on the SNUR for PMN P–15–450 (40
CFR 721.11027), aluminum cobalt
lithium nickel oxide. One commenter
suggested a different approach for
control of air releases, rather than the
proposed significant new use of any
release of the chemical substance to air
unless using the chemical transfer and
air ventilation processes described in
the PMN, including filtering through a
high-efficiency particulate air filter with
an efficiency rate of 99.99%. The
commenter requested making the
provision technology neutral instead,
and exposure monitoring requirement
more flexible (quarterly rather than
monthly). The commenter states that
there could be different processes to
handle and transfer the PMN substance,
and control resulting air emissions, that
will provide an equivalent or even
improved level of control. For example,
the commenter continued, there are
control technologies that may have a
removal efficiency rating of 99.99% that
are not the high-efficiency particulate
filters mentioned in the PMN.
Therefore, a specific control technology
does not need to be identified, but
rather a specific rated efficiency
(99.99%) or control target.
Response: The proposed SNUR
provisions reflect the requirements of
the underlying Order. In the proposed
SNUR air releases are allowed only after
the chemical transfer and air ventilation
provisions described in the PMN which
are not limited to but include HEPA
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filters that achieve 99.99% removal
efficiency. This requirement remains in
the final SNUR. The reason to include
the lack of this control in the SNUR is
to allow EPA to assess if other processes
result in the same level of or lower air
releases.
Comment: A commenter proposed a
flexible monitoring schedule in lieu of
mandatory monthly monitoring. The
commenter noted that OSHA has
addressed monitoring frequency to
assess worker exposure. Section 6(b) of
the OSHA Act gives OSHA authority to
develop chemical specific standards.
One such standard is 29 CFR 1910.1026
Chromium (VI). The OSHA Chromium
(VI) workplace standard contains a
flexible monitoring requirement based
on results from initial monitoring. If
initial monitoring indicates that
employee exposures are below 50%
(action level) of the determined limit, no
further monitoring is required unless
changes in the workplace result in new
or additional exposures. If the initial
determination reveals employee
exposures to be at or above the action
level, but below the determined limit,
periodic monitoring must be performed
at least every six months. If the initial
monitoring reveals employee exposures
to be above the determined limit,
monitoring must be conducted at least
every three months. Adjustments to the
monitoring frequency are allowed based
on monitoring results. The preamble of
the OSHA 1910.1026 Chromium (VI), P.
10341, states, ‘‘OSHA believes that the
frequency of six months for subsequent
periodic monitoring for exposures at or
above the action level but at or below
the PEL, and three months for exposures
above the PEL, provides intervals that
are both practical for employers and
protective for employees. This belief is
supported by OSHA’s experience with
comparable monitoring intervals in
other standards, including those for
cadmium (29 CFR 1910.1050),
methylene chloride (29 CFR 1910.1052),
and formaldehyde (29 CFR 1910.1048).’’
Based on OSHA’s position given above,
the commenter noted, it could be
concluded that there are no benefits to
worker protection in conducting
monitoring more frequently than every
3 months, even when previous
exposures exceeded exposure limits.
The monthly monitoring is resource
intensive and is likely to demonstrate
the same results each month therefore
providing minimal value. The
commenter requested that EPA allow
this periodic monitoring to occur on a
quarterly basis, instead of monthly.
Response: Based on limited
monitoring experience with the PMN
substance, EPA believes monthly
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monitoring requirements as specified in
the proposed SNUR are appropriate
during the first year of manufacturing,
processing, or use. After that time
monitoring may be conducted quarterly
if certain conditions are met. These are
based on the requirements in the Order.
Based on monitoring results EPA has
received thus far for P–15–450, which
have demonstrated monitoring results
above and below the action level of 0.16
mg/m3 identified in the Order, the final
SNUR will retain the same requirements
as required in the Order.
Comment: A commenter noted that
5(e) Orders on similar substances to that
identified in P–15–450 allow metal
reclamation disposal, whereas the Order
for P–15–450 allows only landfill
disposal.
Response: In response to the comment
about allowing disposal by metal
reclamation, the Agency would need to
review the specific metal reclamation
disposal method to determine its
acceptability to allow more flexibility in
disposal methods. Because the
underlying Order only allows disposal
by landfill, the final rule only allows
disposal by landfill.
Comment: One commenter pointed
out that the reference to 40 CFR
721.63(a)(6) (referring to ‘‘particulate’’)
in this SNUR should be corrected to
read ‘‘40 CFR 721.63(a)(6)(i)’’ (referring
to ‘‘dust’’).
Response: The proposed SNUR term
40 CFR 721.63(a)(6) (referencing
‘‘particulate’’) reflects the requirement
in the Order for P–15–450. Particulate
allows for both liquid and solid
particles which includes dust. The final
rule retains the reference to particulate.
Comment 5: A commenter also
requested that the SNUR not be
finalized until a recently submitted 90day inhalation toxicity study on the
PMN substance is reviewed by EPA, as
the testing could affect EPA’s
underlying hazard concerns.
Response: The Agency has received
and is currently reviewing the 90-day
study data described by the commenter.
Preliminary indications are that the
results of the study would not change
the Agency’s hazard concerns, or
significantly alter the magnitude of the
NCEL identified in the SNUR. It will
take considerable time to determine if
the study data will result in any changes
for the Order and SNUR. EPA is issuing
the final SNUR as proposed and will
modify the Order and SNUR in the
future based on the study data as
appropriate.
Comment: Other comments to this
proposed SNUR are that the references
to ‘‘24 months’’ and ‘‘6 years’’ for
production limits (40 CFR 721.80(p)) are
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unclear, and that the NCEL of 0.000092
mg/m3 as an 8-hour time weighted
average doesn’t take into account OSHA
PELs on the component metals.
Response: In response to the comment
regarding the time-based production
limits in the SNUR, the time limits refer
to the time after a manufacturer begins
manufacture of the PMN substance. To
exceed that time limit, a SNUN would
need to be submitted and complete 90day review by EPA. The NCEL for this
chemical substance was established by
EPA based on a 90-day inhalation study
for a mixed metal oxide analogue. EPA’s
risk assessment for P–15–0450 in the
public docket describes how the NCEL
was calculated for the PMN substance
based on the 90-day lowest observed
adverse effect concentration (LOAEC).
The analogue and data were identified
by the submitter of P–15–450. As
discussed in the previous comment and
response EPA has received a 90-day
inhalation study for P–15–450, that it is
still reviewing and that confirms the
potential hazard and a similar LOAEC.
Based on the results of both studies EPA
disagrees that OSHA PELs for the
component metals should be used to
estimate the potential effect levels of the
PMN substance.
Comment: One commenter stated that
the proposed SNUR for P–15–450 also
would require monitoring and reporting
for exposures to this chemical at an
Occupational Exposure Limit (OEL) of
0.16 mg/m3 on an 8-hour TWA and is
silent about how this should be sampled
and measured.
Response: The SNUR references the
terms of the Order that include
parameters for how the monitoring
should be sampled and measured. The
submitter for P–15–450 has already
submitted monitoring results required
by the Order.
Comment: A commenter stated that
the proposed NCEL presented no relief
to the use of APF 1000 respirators,
because there is currently no feasible
monitoring method to reliably detect
any constituent of the chemical mixture
at that level of sensitivity.
Response: While the commenter is
correct, persons manufacturing,
processing, and using the chemical
substance may eventually be able to
develop such a detection method or
develop information that would
increase the level of the NCEL that
would allow a detection method to be
developed.
Vertebrate Testing
Comment: A commenter noted that
TSCA section 4(h)(3) states: ‘‘IN
GENERAL.—Any person developing
information for submission under this
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title on a voluntary basis and not
pursuant to any request or requirement
by the Administrator shall first attempt
to develop the information by means of
an alternative test method or strategy
. . . before conducting new vertebrate
animal testing.’’ The commenter
continued that while EPA is not
required to review the means by which
these submitters conducted this
voluntary testing, it is authorized to do
so, and that reviewing compliance with
this section is an opportunity to
communicate TSCA’s requirement and
EPA’s preference for alternatives to
PMN submitters. Over time, the
commenter states, this would lead
submitters to consider such alternatives
before conducting vertebrate animal
tests. They requested that EPA review
compliance with TSCA section 4(h)(3)
whenever the results of vertebrate
animal testing are included in PMNs.
Response: A request to review
compliance with TSCA 4(h)(3) for PMNs
and Orders is not relevant to the
proposed SNUR. Because SNURs do not
require testing and only suggest the type
of information that could address
hazards identified by EPA, they include
opportunities for EPA to engage
submitters considering conducting
testing. For SNURs with time or
production volume limits, or if a SNUN
submitter is required to conduct testing
EPA, will include consideration of
TSCA section 4(h)(3). When a company
consults with EPA before submitting
any SNUN as recommended by EPA
when issuing SNURs, EPA will also
have an opportunity to consider what
testing if any should be conducted
including consideration of TSCA
section 4(h)(3).
Ongoing Uses of SNUR Chemicals
Comment: One commenter stated
there is reason to believe that some of
the restrictions set forth in the following
SNURs conflict with ongoing uses: P–
17–33, P–17–34, P–17–36, P–17–38, P–
17–39, P–17–41, P–17–42, P–17–43, P–
17–45, P–17–47, P–17–50, P–17–52, P–
17–55, P–17–57, P–17–59, P–17–61, P–
17–62, and P–17–63.
Response: EPA did not receive any
further information to support this
statement and therefore has finalized
the SNURs as proposed.
V. Substances Subject to This Rule
EPA is establishing significant new
use and recordkeeping requirements for
145 chemical substances in 40 CFR part
721, subpart E. In this unit, EPA
provides the following information for
each chemical substance:
• PMN number.
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• Chemical name (generic name, if
the specific name is claimed as CBI).
• Chemical Abstracts Service (CAS)
Registry number (if assigned for nonconfidential chemical identities).
• Basis for the TSCA section 5(e)
consent order.
• Information identified by EPA that
would help characterize the potential
health and/or environmental effects of
the chemical substance in support of a
request by the PMN submitter to modify
the Order, or if a manufacturer or
processor is considering submitting a
SNUN for a significant new use
designated by the SNUR. This
information may include testing
required in a TSCA section 5(e) Order
to be conducted by the PMN submitter,
as well as testing not required to be
conducted but which would also help
characterize the potential health and/or
environmental effects of the PMN
substance. Any recommendation for
information identified by EPA was
made based on EPA’s consideration of
available screening-level data, if any, as
well as other available information on
appropriate testing for the chemical
substance. Further, any such testing
identified by EPA that includes testing
on vertebrates was made after
consideration of available toxicity
information, computational toxicology
and bioinformatics, and highthroughput screening methods and their
prediction models. EPA also recognizes
that whether testing/further information
is needed will depend on the specific
exposure and use scenario in the SNUN.
EPA encourages all SNUN submitters to
contact EPA to discuss any potential
future testing. See Unit VIII. for more
information.
• CFR citation assigned in the
regulatory text section of this rule.
The regulatory text section of each
rule specifies the activities designated
as significant new uses. Certain new
uses, including exceedance of
production volume limits (i.e., limits on
manufacture volume) and other uses
designated in this rule, may be claimed
as CBI. Unit IX. discusses a procedure
companies may use to ascertain whether
a proposed use constitutes a significant
new use.
These final rules include 145 PMN
substances that are subject to Orders
under TSCA section 5(e)(1)(A)(ii)(I)
where EPA determined that activities
associated with the PMN substances
may present unreasonable risk to human
health or the environment. Those
Orders require protective measures to
limit exposures or otherwise mitigate
the potential unreasonable risk. The
SNURs identify as significant new uses
any manufacturing, processing, use,
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distribution in commerce, or disposal
that does not conform to the restrictions
imposed by the underlying Orders,
consistent with TSCA section 5(f)(4).
Where EPA determined that the PMN
substance may present an unreasonable
risk of injury to human health via
inhalation exposure, the underlying
TSCA section 5(e) Order usually
requires, among other things, that
potentially exposed employees wear
specified respirators unless actual
measurements of the workplace air
show that air-borne concentrations of
the PMN substance are below a New
Chemical Exposure Limit (NCEL) that is
established by EPA to provide adequate
protection to human health. In addition
to the actual NCEL concentration, the
comprehensive NCELs provisions in
TSCA section 5(e) Orders, which are
modeled after Occupational Safety and
Health Administration (OSHA)
Permissible Exposure Limits (PELs)
provisions, include requirements
addressing performance criteria for
sampling and analytical methods,
periodic monitoring, respiratory
protection, and recordkeeping.
However, no comparable NCEL
provisions currently exist in 40 CFR
part 721, subpart B, for SNURs.
Therefore, for these cases, the
individual SNURs in 40 CFR part 721,
subpart E, will state that persons subject
to the SNUR who wish to pursue NCELs
as an alternative to the § 721.63
respirator requirements may request to
do so under § 721.30. EPA expects that
persons whose § 721.30 requests to use
the NCELs approach for SNURs that are
approved by EPA will be required to
comply with NCELs provisions that are
comparable to those contained in the
corresponding TSCA section 5(e) Order
for the same chemical substance.
PMN Numbers: P–14–472 and P–14–496
Chemical names: Polyphosphoric
acids, 2-[alkyl-1-oxo-2-propen-1yl)oxy]ethyl esters, compds. with N(aminoiminomethyl)urea (generic) (P–
14–472) and Polyphosphoric acids, 2[(2-methyl-1-oxo-2-propen-1yl)oxy]ethyl esters, compds. with alkyl
amino, polymers with Bu acrylate, N(hydroxymethyl)propenamide and
styrene (generic) (P–14–496).
CAS numbers: Not available.
Effective date of TSCA section 5(e)
Order: April 26, 2017.
Basis for TSCA section 5(e) Order:
The PMN states that the generic (nonconfidential) uses of the PMN
substances are as a site-controlled
intermediate (P–14–472) and a paper
additive (P–14–496). Based on Structure
Activity Relationship (SAR) analysis of
test data on acrylates/methacrylates, and
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other structurally similar substances,
there is potential for irritation and
sensitization for P–14–472. For P–14–
496 there is concern for sensitization
based on the presence of formaldehyde
and concern for irritation and lung
effects from the surfactant properties of
the substance. Further, based on SAR
analysis of test data on analogous
phosphates, EPA predicts toxicity to
aquatic organisms may occur at
concentrations that exceed 3 parts per
billion (ppb) of P–14–472 and 4 ppb of
P–14–496 in surface waters. The Order
was issued under TSCA sections
5(a)(3)(B)(i) and 5(e)(1)(A)(i), based on a
finding that the available information is
insufficient to permit a reasoned
evaluation of the human health effects
of the PMN substances. Further, the
Order was issued under TSCA sections
5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I),
based on a finding that the substances
may present an unreasonable risk of
injury to human health and the
environment. To protect against these
risks, the Order requires:
1. Submission of certain toxicity
testing on the PMN substances prior to
exceeding the confidential production
volume limit as specified in the Order.
2. Use of personal protective
equipment to prevent dermal exposure.
3. Establishment and use of a hazard
communication program, including
human health precautionary statements
on each label and in the Safety Data
Sheet (SDS).
4. No release of the PMN substances
resulting in surface water
concentrations that exceed 3 ppb for P–
14–472 and 4 ppb for P–14–496.
5. No modification of the
manufacturing process that results in
inhalation exposure and no use
involving application methods that
generate a dust, mist, or aerosol.
6. Use of the PMN substances only as
a site-limited intermediate (P–14–472)
and the confidential use specified in the
Order (P–14–496).
The SNUR would designate as a
‘‘significant new use’’ the absence of
these protective measures.
Potentially useful information: EPA
has determined that certain information
about the fate and human health toxicity
of the PMN substances may be
potentially useful to characterize the
effects of the PMN substances in
support of a request by the PMN
submitter to modify the Order, or if a
manufacturer or processor is
considering submitting a SNUN for a
significant new use that will be
designated by this SNUR. The submitter
has agreed not to exceed the
confidential production limit without
performing a skin sensitization study
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and a biodegradation test on each
substance. In addition, EPA has
determined that the results of a
pulmonary effects testing of the PMN
substance may be potentially useful in
characterizing the health effects of the
PMN substances. Although the Order
does not require this additional testing,
the Order’s restrictions on manufacture,
processing, distribution in commerce,
and disposal will remain in effect until
the Order is modified or revoked by
EPA based on submission of this or
other information that EPA determines
is relevant and needed to evaluate a
modification request.
CFR citations: 40 CFR 721.11024 (P–
14–472) and 40 CFR 721.11025 (P–14–
496).
PMN Number: P–14–630
Chemical name: Bismuth bromide
iodide oxide.
CAS number: 340181–06–8.
Effective date of TSCA section 5(e)
Order: May 10, 2017.
Basis for TSCA section 5(e) Order:
The PMN states that the substance will
be used as a pigment for liquid coatings
solvent based system; a pigment for
powder coatings; and a pigment for
polymer materials. Based on test data
and physical/chemical properties of the
PMN substance, as well as SAR analysis
of analogous respirable, poorly soluble
particulates, EPA identified concerns for
lung effects, including fibrosis. The
Order was issued under TSCA sections
5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I),
based on insufficient information to
make a reasoned evaluation and a
finding that the substance may present
an unreasonable risk of injury to human
health. EPA assessed risks based on the
specific manufacturing, processing, use,
distribution/transportation, treatment
and disposal processes, process
equipment, engineering controls, and
handling practices (including worker
activities and cleaning procedures)
described in the PMN. To protect
against these risks, the Order requires:
1. Submission of certain toxicity
testing on the PMN substance prior to
exceeding the confidential production
volume limit as specified in the Order.
2. Use of a National Institute for
Occupational Safety and Health
(NIOSH)-certified respirator with an
Assigned Protection Factor (APF) of at
least 10 (where there is a potential for
inhalation exposures) or compliance
with a New Chemical Exposure Limit
(NCEL) of 2.4 milligram/meter3 (mg/m3)
as an 8-hour time-weighted average.
3. Establishment and use of a hazard
communication program, including
human health precautionary statements
on each label and in the SDS.
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4. No use of the substance in a
consumer product that generates a dust,
mist, or aerosol.
The SNUR will designate as a
‘‘significant new use’’ the absence of
these protective measures.
Potentially useful information: EPA
has determined that certain information
about the human health toxicity of the
PMN substance may be potentially
useful to characterize the effects of the
PMN substance in support of a request
by the PMN submitter to modify the
Order, or if a manufacturer or processor
is considering submitting a SNUN for a
significant new use that will be
designated by this SNUR. The submitter
has agreed not to exceed the
confidential production limit without
performing specific target organ toxicity
testing. In addition, EPA has determined
that the results of a chronic toxicity/
carcinogenicity test of the PMN
substance may be potentially useful in
characterizing the health effects of the
PMN substance. Although the Order
does not require this additional testing,
the Order’s restrictions on manufacture,
processing, distribution in commerce,
and disposal will remain in effect until
the Order is modified or revoked by
EPA based on submission of this or
other information that EPA determines
is relevant and needed to evaluate a
modification request.
CFR citation: 40 CFR 721.11026.
PMN Number: P–15–450
Chemical name: Aluminum cobalt
lithium nickel oxide.
CAS number: 177997–13–6.
Effective date of TSCA section 5(e)
Order: March 23, 2017.
Basis for TSCA section 5(e) Order:
The PMN states that the substance will
be used as a mixed metal oxide for
batteries. Based on test data on the PMN
substance, EPA identified concerns for
spleen and kidney toxicity. Based on
physical/chemical properties of the
PMN substance, as well as SAR analysis
of analogous respirable, poorly soluble
particulates, EPA identified concerns for
lung effects based on lung overload.
Based on the crystalline structure of the
PMN substance, EPA identified concern
for lung carcinogenicity. The Order was
issued under TSCA sections
5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I),
based on insufficient information to
make a reasoned evaluation and a
finding that the substance may present
an unreasonable risk of injury to human
health. EPA assessed risks based on the
specific manufacturing, processing, use,
distribution/transportation, treatment
and disposal processes, process
equipment, engineering controls, and
handling practices (including worker
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activities and cleaning procedures)
described in the PMN. To protect
against these risks, the Order requires:
1. Submission of certain toxicity
testing on the PMN substance prior to
exceeding the time limit as specified in
the Order.
2. Use of personal protective
equipment including impervious gloves
and protective clothing (where there is
a potential for dermal exposures).
3. Use of a NIOSH-certified respirator
with an APF of at least 1,000 (where
there is a potential for inhalation
exposure) or compliance with a NCEL of
0.000092 ppm as an 8-hour timeweighted average.
4. Use of the chemical transfer
processes and air ventilation processes
described in the PMN and the exposure
monitoring requirements described in
the Order.
5. Establishment and use of a hazard
communication program, including
human health precautionary statements
on each label and in the SDS.
6. Disposal of the PMN substance by
landfill only. Air releases are limited by
processes described in the PMN,
including filtering through a highefficiency particulate air filter with an
efficiency rate of 99.99%.
The SNUR will designate as a
‘‘significant new use’’ the absence of
these protective measures.
Potentially useful information: EPA
has determined that certain information
about the human health toxicity of the
PMN substance may be potentially
useful to characterize the effects of the
PMN substance in support of a request
by the PMN submitter to modify the
Order, or if a manufacturer or processor
is considering submitting a SNUN for a
significant new use that will be
designated by this SNUR. The submitter
has agreed not to exceed the time limit
without performing specific target organ
toxicity testing and carcinogenicity
testing. In addition, EPA has determined
that the results of medical monitoring of
the workers exposed to the substance
during manufacturing, processing, and
use may be potentially useful in
characterizing the health effects of the
PMN substance. Although the Order
does not require this medical
monitoring, the Order’s restrictions on
manufacture, processing, distribution in
commerce, and disposal will remain in
effect until the Order is modified or
revoked by EPA based on submission of
this or other information that EPA
determines is relevant and needed to
evaluate a modification request.
CFR citation: 40 CFR 721.11027.
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PMN Number: P–15–705
Chemical name: Alkylarylamine
(generic).
CAS number: Not available.
Effective date of TSCA section 5(e)
Order: May 11, 2017.
Basis for TSCA section 5(e) Order:
The PMN states that the substance will
be used as a chemical intermediate and
as an additive and octane booster in
aviation fuels.
Based on test data on the PMN
substance, EPA has identified concerns
for dermal irritation, developmental
toxicity, and blood effects. Based on test
data on analogous anilines, EPA has
identified concerns for cardiovascular,
eye, liver, kidney, and pulmonary
effects, as well as bladder cancer. The
Order was issued under TSCA sections
5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I),
based on insufficient information to
make a reasoned evaluation and a
finding that the substance may present
an unreasonable risk of injury to human
health. To protect against these risks,
the Order requires:
1. Submission of certain toxicity
testing on the PMN substance prior to
exceeding the confidential production
volume limit as specified in the Order.
2. Use of personal protective
equipment including impervious gloves,
full body chemical protective clothing
and chemical goggles or equivalent eye
protection (where there is a potential for
dermal exposure).
3. Use of a NIOSH-certified respirator
with an APF of at least 1,000 (where
there is a potential for inhalation
exposure) or compliance with a NCEL of
0.48 mg/m3 as an 8-hour time-weighted
average. (EPA’s estimates indicate that
variations of the parameters (including
batch size, number of processing sites,
days per year of operation) of the uses
identified below would not result in
inhalation exposure that would indicate
a different respirator.)
4. No use of the substance in a
consumer product.
5. No use other than as a chemical
intermediate or as an additive and
octane booster in aviation fuels.
6. Establishment and use of a hazard
communication program, including
human health precautionary statements
on each label and in the SDS.
7. No release of the PMN substance
resulting in surface water
concentrations that exceed 1 ppb.
The SNUR will designate as a
‘‘significant new use’’ the absence of
these protective measures.
Potentially useful information: EPA
has determined that certain information
about the human health and aquatic
toxicity of the PMN substance may be
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potentially useful to characterize the
effects of the PMN substance in support
of a request by the PMN submitter to
modify the Order, or if a manufacturer
or processor is considering submitting a
SNUN for a significant new use that will
be designated by this SNUR. The
submitter has agreed not to exceed the
confidential production limit without
performing specific target organ toxicity
testing and a chronic aquatic toxicity
test.
CFR citation: 40 CFR 721.11028.
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PMN Numbers: P–15–706 and P–15–707
Chemical names: Aliphatic N-alkyl
urea polymer containing cyclohexyl
groups and trimethoxy silanes (generic)
(P–15–706) and Aliphatic N-alkyl urea
polymer containing aspartic ester
groups and trimethoxy silanes (generic)
(P–15–707).
CAS numbers: Not available.
Effective date of TSCA section 5(e)
Order: April 26, 2017.
Basis for TSCA section 5(e) Order:
The PMNs state that the generic use of
the substances will be as ingredients for
multipurpose exterior coatings. Based
on SAR analysis on reactive methoxy
silane moieties, EPA has identified
concerns for irritation to lungs, eyes,
and mucus membranes. There are also
concerns for acute toxicity,
neurotoxicity, and developmental
toxicity based on the presence of
methanol, and for sensitization if there
are residual isocyanates. The Order was
issued under TSCA sections
5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I),
based on insufficient information to
make a reasoned evaluation and a
finding that the substances may present
an unreasonable risk of injury to human
health. To protect against these risks,
the Order requires:
1. Submission of certain toxicity
testing on the PMN substance prior to
exceeding the production limit as
specified in the Order.
2. Use of personal protective
equipment including impervious gloves
(where there is a potential for dermal
exposure).
3. Use of a NIOSH-certified respirator
with an APF of at least 10 (where there
is a potential for inhalation exposure) or
compliance with a NCEL of 0.9 mg/m3
as an 8-hour time-weighted average.
(EPA’s estimates indicate that variations
of the parameters (including batch size,
number of processing sites, days per
year of operation) of the uses identified
below would not result in inhalation
exposure that would indicate a different
respirator.)
4. Establishment and use of a hazard
communication program, including
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human health precautionary statements
on each label and in the SDS.
5. No manufacture beyond an annual
production volume of 250,000 kilograms
(kg).
6. Manufacture of the PMN substances
to contain no more than 0.1% residual
isocyanate by weight.
7. No uses of the substances other
than allowed in the Order.
8. No use of the substances in a
consumer product.
The SNUR will designate as a
‘‘significant new use’’ the absence of
these protective measures.
Potentially useful information: EPA
has determined that certain information
about the human health toxicity of the
PMN substances may be potentially
useful to characterize the effects of the
PMN substances in support of a request
by the PMN submitter to modify the
Order, or if a manufacturer or processor
is considering submitting a SNUN for a
significant new use that will be
designated by this SNUR. The submitter
has agreed not to exceed the
confidential production limit without
performing specific target organ toxicity
testing for P–15–706.
CFR citation: 40 CFR 721.11029 (P–
15–706) and 40 CFR 721.11030 (P–15–
707).
PMN Numbers: P–16–273 and P–16–274
Chemical names: Alkyl
heteromonocycle, polymer with
heteromonocycle, carboxyalkyl alkyl
ethers (generic).
CAS numbers: Not available.
Effective date of TSCA section 5(e)
Order: April 25, 2017.
Basis for TSCA section 5(e) Order:
The PMNs state that the generic (nonconfidential) use of the substances will
be as ingredients in metalworking
fluids. Based on submitted test data for
P–16–273 and structurally similar
surfactants, EPA has identified concerns
for dermal sensitization and irritation
and lung effects. Based on submitted
toxicity data for P–16–273, EPA
estimates toxicity to aquatic organisms
may occur for both PMNs at
concentrations that exceed 10 ppb of the
PMN substances in surface waters. The
Order was issued under TSCA sections
5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I),
based on insufficient information to
make a reasoned evaluation and a
finding that the substances may present
an unreasonable risk of injury to human
health and the environment. To protect
against these risks, the Order requires:
1. No domestic manufacture of the
PMN substances.
2. Use of the PMN substances only: (i)
For the confidential uses specified in
the Order, (ii) at a concentration no
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greater than 3% of the metalworking
fluid, and (iii) used only in closed
metalworking systems as specified in
the PMNs with no modifications in the
process that would result in worker
inhalation exposure.
3. Use of personal protective
equipment including impervious gloves
(where there is a potential for dermal
exposure).
4. No release of the PMN substances
resulting in surface water
concentrations that exceed 10 ppb.
The SNUR will designate as a
‘‘significant new use’’ the absence of
these protective measures.
Potentially useful information: EPA
has determined that certain information
about the fate and toxicity of the PMN
substances may be potentially useful to
characterize the health and
environmental effects of the PMN
substances in support of a request by the
PMN submitter to modify the Order, or
if a manufacturer or processor is
considering submitting a SNUN for a
significant new use that will be
designated by this SNUR. EPA has
determined that the results of specific
target organ toxicity testing and a
biodegradation test of the PMN
substances may be potentially useful in
characterizing the health and
environmental effects of the PMN
substances. Although the Order does not
require these tests, the Order’s
restrictions on manufacture, processing,
distribution in commerce, and disposal
will remain in effect until the Order is
modified or revoked by EPA based on
submission of this or other information
that EPA determines is relevant and
needed to evaluate a modification
request.
CFR citation: 40 CFR 721.11031.
PMN Number: P–16–289
Chemical name: Benzene dicarboxylic
acid, polymer with alkane dioic acid
and aliphatic diamine (generic).
CAS number: Not available.
Effective date of TSCA section 5(e)
Order: March 24, 2017.
Basis for TSCA section 5(e) Order:
The PMN states the substance will be
used as an extrusion compounding
molding resin. Based on test data on
analogous high molecular weight
polymers, EPA has concerns for lung
effects, which includes lung overload.
The Order was issued under TSCA
sections 5(a)(3)(B)(ii)(I) and
5(e)(1)(A)(ii)(I), based on insufficient
information to make a reasoned
evaluation and a finding that the
substance may present an unreasonable
risk of injury to human health. To
protect against these risks, the Order
requires:
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1. Submission of particle size testing
on the PMN substance prior to
exceeding the time limit as specified in
the Order.
2. Manufacture of the PMN substance
such that the solid particle form has a
particle size distribution where less
than 1% of the particles are less than 10
microns.
The SNUR will designate as a
‘‘significant new use’’ the absence of
these protective measures.
Potentially useful information: EPA
has determined that certain information
about the physical/chemical
characteristics of the PMN substance
may be potentially useful to characterize
the health effects of the PMN substance
in support of a request by the PMN
submitter to modify the Order, or if a
manufacturer or processor is
considering submitting a SNUN for a
significant new use that will be
designated by this SNUR. The submitter
has agreed not to manufacture beyond a
certain time period without measuring
the particle size distribution to
characterize the fraction of the dry
particle PMN substance less than 10
microns. In addition, EPA has
determined that the results of specific
target organ toxicity testing of the PMN
substance may be potentially useful in
characterizing the health effects of the
PMN substance. Although the Order
does not require this additional testing,
the Order’s restrictions on manufacture,
processing, distribution in commerce,
and disposal will remain in effect until
the Order is modified or revoked by
EPA based on submission of this or
other information that EPA determines
is relevant and needed to evaluate a
modification request.
CFR citation: 40 CFR 721.11032.
PMN Number: P–16–322
Chemical name: Manganese cyclic
(tri)amine chloride complex (generic).
CAS number: Not available.
Effective date of TSCA section 5(e)
Order: April 25, 2017.
Basis for TSCA section 5(e) Order:
The PMN states that the generic (nonconfidential) use of the substance will
be as a pulp bleaching catalyst. Based
on test data on an analog, EPA has
identified concerns for kidney, blood,
and thyroid effects, immunotoxicity,
reproductive and developmental
toxicity, and neurotoxicity. Based on
test data on the PMN substance, EPA
estimates that toxicity to aquatic
organisms may occur at concentrations
that exceed 18 ppb of the PMN
substance in surface waters. The Order
was issued under TSCA sections
5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I),
based on insufficient information to
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make a reasoned evaluation and a
finding that the substance may present
an unreasonable risk of injury to human
health and the environment. To protect
against these risks, the Order requires:
1. Submission of certain toxicity
testing on the PMN substance prior to
exceeding the confidential production
volume limit as specified in the Order.
2. Use of personal protective
equipment to prevent dermal exposure
(where there is a potential for dermal
exposure).
3. Use of a NIOSH-certified respirator
with an APF of at least 25 (where there
is a potential for inhalation exposure) or
compliance with a NCEL of 1.2 ppm as
an 8-hour time-weighted average. (EPA’s
estimates indicate that variations of the
parameters (including batch size,
number of processing sites, days per
year of operation) of the uses identified
below would not result in inhalation
exposure that would indicate a different
respirator.)
4. Establishment and use of a hazard
communication program, including
human health precautionary statements
on each label and in the SDS.
5. No domestic manufacture of the
PMN substance.
6. Process and use of the PMN
substance only for the confidential uses
and formulation percentage specified in
the Order.
7. No release of the PMN substance
resulting in surface water
concentrations that exceed 18 ppb.
The SNUR will designate as a
‘‘significant new use’’ the absence of
these protective measures.
Potentially useful information: EPA
has determined that certain information
about the human health and aquatic
toxicity of the PMN substance may be
potentially useful to characterize the
effects of the PMN substance in support
of a request by the PMN submitter to
modify the Order, or if a manufacturer
or processor is considering submitting a
SNUN for a significant new use that will
be designated by this SNUR. The
submitter has agreed not to exceed the
confidential production limit without
performing specific target organ toxicity
testing, reproductive/developmental
toxicity testing; and chronic aquatic
toxicity testing.
CFR citation: 40 CFR 721.11033.
PMN Numbers: P–16–338, P–16–339, P–
16–439, and P–16–440
Chemical names: Xanthylium,
(sulfoaryl)-bis [(substituted aryl)
amino]-, sulfo derivs., inner salts, metal
salts (generic) (P–16–338); Substituted
triazinyl metal salt, diazotized, coupled
with substituted
pyridobenzimidazolesulfonic acids,
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substituted
pyridobenzimidazolesulfonic acids,
diazotized substituted alkanesulfonic
acid, diazotized substituted aromatic
sulfonate, diazotized substituted
aromatic sulfonate, metal salts (generic)
(P–16–339); Carbon black, (organic
acidic carbocyclic)-modified, inorganic
salt (generic) (P–16–439); and Carbon
black, (organic acidic carbocyclic)modified, metal salt (generic) (P–16–
440).
CAS numbers: Not available.
Effective date of TSCA section 5(e)
Order: April 11, 2017.
Basis for TSCA section 5(e) Order:
The PMN states that the generic (nonconfidential) uses of the PMN
substances will be as dyestuffs (P–16–
0338 and P–16–0339) and as coloring
agents (P–16–0439 and P–16–0440).
Based on physical/chemical properties
of the PMN substances and test data on
analogous poorly respirable particles,
EPA has identified concerns for
irritation to the eyes, lungs, and mucous
membranes, and lung effects. Further,
based on SAR analysis of test data on
analogous dyes, EPA predicts toxicity to
aquatic organisms may occur at
concentrations that exceed 200 ppb of
the PMN substances in surface waters.
The Order was issued under TSCA
sections 5(a)(3)(B)(ii)(I) and
5(e)(1)(A)(ii)(I), based on insufficient
information to make a reasoned
evaluation and a finding that the
substances may present an unreasonable
risk of injury to human health and the
environment. To protect against these
risks, the Order requires:
1. No manufacture of the PMN
substances beyond the confidential
annual production volume specified in
the Order.
2. No domestic manufacture of the
PMN substances.
3. Import the PMN substances only
according to the terms specified and for
the confidential uses specified in the
Order.
4. No release of the PMN substances
to surface waters.
The SNUR will designate as a
‘‘significant new use’’ the absence of
these protective measures.
Potentially useful information: EPA
has determined that certain information
about the fate, human health toxicity,
and aquatic toxicity of the PMN
substances may be potentially useful to
characterize the effects of the PMN
substances in support of a request by the
PMN submitter to modify the Order, or
if a manufacturer or processor is
considering submitting a SNUN for a
significant new use that will be
designated by this SNUR. EPA has
determined that the results of a
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biodegradation test, specific target organ
toxicity testing, and acute and chronic
aquatic toxicity testing of the PMN
substances may be potentially useful in
characterizing the health and
environmental effects of the PMN
substances. Although the Order does not
require these tests, the Order’s
restrictions on manufacture, processing,
distribution in commerce, and disposal
will remain in effect until the Order is
modified or revoked by EPA based on
submission of this or other information
that EPA determines is relevant and
needed to evaluate a modification
request.
CFR citations: 40 CFR 721.11034 (P–
16–338), 40 CFR 721.11035 (P–16–339),
40 CFR 721.11036 (P–16–439), and 40
CFR 721.11037 (P–16–440).
PMN Number: P–16–350
Chemical name: Polyaralkyl aryl ester
of methacrylic acid (generic).
CAS number: Not available.
Effective date of TSCA section 5(e)
Order: March 31, 2017.
Basis for TSCA section 5(e) Order:
The PMN states that the generic (nonconfidential) use of the substance will
be as a polymer reactant. Based on test
data on methacrylate moieties, EPA has
identified concerns for irritation and
sensitization based on analogy to
methacrylates. Based on SAR analysis of
test data on structurally similar
respirable surfactants, EPA has
identified concerns for lung effects. The
Order was issued under TSCA sections
5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I),
based on insufficient information to
make a reasoned evaluation and a
finding that the substance may present
an unreasonable risk of injury to human
health. To protect against these risks,
the Order requires:
1. Use of personal protective
equipment including impervious gloves
(where there is a potential for dermal
exposure).
2. Establishment and use of a hazard
communication program, including
human health precautionary statements
on each label and in the SDS.
3. Manufacture of the PMN substance
such that it is not less than the
minimum average molecular weight
identified in the Order and does not
contain more than the maximum weight
percent of low molecular weight species
below 1,000 Daltons.
4. Use of the PMN substance only for
the confidential use specified in the
Order.
The SNUR will designate as a
‘‘significant new use’’ the absence of
these protective measures.
Potentially useful information: EPA
has determined that certain information
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about the toxicity of the PMN substance
may be potentially useful to characterize
the health effects of the PMN substance
in support of a request by the PMN
submitter to modify the Order, or if a
manufacturer or processor is
considering submitting a SNUN for a
significant new use that will be
designated by this SNUR. EPA has
determined that the results of specific
target organ toxicity testing and a
sensitization test of the PMN substance
may be potentially useful in
characterizing the health effects of the
PMN substance. Although the Order
does not require these tests, the Order’s
restrictions on manufacture, processing,
distribution in commerce, and disposal
will remain in effect until the Order is
modified or revoked by EPA based on
submission of this or other information
that EPA determines is relevant and
needed to evaluate a modification
request.
CFR citation: 40 CFR 721.11038.
PMN Number: P–16–352
Chemical names: Phenol, 2-[[[3(octyloxy)propyl]imino]methyl]- (P–16–
352, chemical A) and Phenol, 2-[[[3(decyloxy)propyl]imino]methyl]- (P–16–
352, chemical B).
CAS numbers: 1858221–49–4 (P–16–
352, chemical A) and 1858221–50–7 (P–
16–352, chemical B).
Effective date of TSCA section 5(e)
Order: April 21, 2017.
Basis for TSCA section 5(e) Order:
The PMN states that the PMN
substances will be used as co-catalysts
in the manufacturing of release coatings
for producing papers and films at a
concentration of 1% or less. Based on
SAR analysis of test data on analogous
phenols, EPA has identified concerns
for respiratory and dermal irritation and
developmental toxicity. In addition,
EPA has identified concerns for liver
toxicity and reproductive effects based
on the hydrolysis product ohydroxybenzaldehyde. Further, based
on SAR analysis of test data on
analogous phenols, EPA predicts
toxicity to aquatic organisms may occur
at concentrations that exceed 1 ppb of
the PMN substances in surface waters.
The Order was issued under TSCA
sections 5(a)(3)(B)(ii)(I) and
5(e)(1)(A)(ii)(I), based on insufficient
information to make a reasoned
evaluation and a finding that the
substances may present an unreasonable
risk of injury to human health and the
environment. To protect against these
risks, the Order requires:
1. Submission of certain toxicity
testing on the PMN substance prior to
exceeding the confidential production
volume limit as specified in the Order.
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2. Use of personal protective
equipment including impervious gloves
(where there is a potential for dermal
exposure).
3. Establishment and use of a hazard
communication program, including
human health precautionary statements
on each label and in the SDS.
4. No domestic manufacture of the
PMN substances.
5. No manufacture of the PMN
substances beyond an annual
production volume of 250 kg/yr.
6. No use of the PMN substances in
application methods that generate a
dust, mist, or aerosol.
7. No release of the PMN substance
resulting in surface water
concentrations that exceed 1 ppb.
The SNUR will designate as a
‘‘significant new use’’ the absence of
these protective measures.
Potentially useful information: EPA
has determined that certain information
about the human health and aquatic
toxicity of the PMN substance may be
potentially useful to characterize the
effects of the PMN substance in support
of a request by the PMN submitter to
modify the Order, or if a manufacturer
or processor is considering submitting a
SNUN for a significant new use that will
be designated by this SNUR. The
submitter has agreed not to exceed the
confidential production limit without
performing specific target organ toxicity,
reproductive/developmental toxicity,
and acute aquatic toxicity testing.
CFR citations: 40 CFR 721.11039 (P–
16–352, chemical A) and 40 CFR
721.11040 (P–16–352, chemical B).
PMN Number: P–16–358
Chemical name: Alkyl phenol
(generic).
CAS number: Not available.
Effective date of TSCA section 5(e)
Order: April 24, 2017.
Basis for TSCA section 5(e) Order:
The PMN states that the substance will
be used as a chemical intermediate.
Based on SAR analysis of test data on
analogous phenols, EPA has identified
concerns for developmental toxicity.
The Order was issued under TSCA
sections 5(a)(3)(B)(ii)(I) and
5(e)(1)(A)(ii)(I), based on insufficient
information to make a reasoned
evaluation and a finding that the
substance may present an unreasonable
risk of injury to human health. To
protect against these risks, the Order
requires:
1. Submission of certain toxicity
testing on the PMN substance prior to
exceeding the confidential production
volume limit as specified in the Order.
2. Use of personal protective
equipment including impervious gloves
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(where there is a potential for dermal
exposure).
3. Establishment and use of a hazard
communication program, including
human health precautionary statements
on each label and in the SDS.
4. Use of the PMN substance only as
a chemical intermediate.
5. No manufacture, process, or use of
the PMN substance in any manner or
method that generates a dust, mist, or
aerosol or in a non-enclosed process.
6. No release of the PMN substance to
surface waters.
The SNUR will designate as a
‘‘significant new use’’ the absence of
these protective measures.
Potentially useful information: EPA
has determined that certain information
about the human health toxicity of the
PMN substance may be potentially
useful to characterize the effects of the
PMN substance in support of a request
by the PMN submitter to modify the
Order, or if a manufacturer or processor
is considering submitting a SNUN for a
significant new use will be designated
by this SNUR. The submitter has agreed
not to exceed the confidential
production limit without performing
specific target organ toxicity and
reproductive/developmental toxicity
tests.
CFR citation: 40 CFR 721.11041.
PMN Number: P–16–364
Chemical name: Nitrile-butadieneacrylate terpolymers (generic).
CAS number: Not available.
Effective date of TSCA section 5(e)
Order: March 31, 2017
Basis for TSCA section 5(e) Order:
The PMN states that the generic (nonconfidential) use of the substance will
be as a chemical intermediate. Based on
SAR analysis of test data on structurally
similar respirable particles, EPA has
identified concerns for lung effects,
including lung overload. The Order was
issued under TSCA sections
5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I),
based on insufficient information to
make a reasoned evaluation and a
finding that the substance may present
an unreasonable risk of injury to human
health. To protect against these risks,
the Order requires:
1. Use of the PMN substance only as
a site-limited chemical intermediate.
2. Establishment and use of a hazard
communication program, including
human health precautionary statements
on each label and in the SDS.
3. No manufacture, process, or use of
the PMN substance if it contains more
than 5% of the particle size distribution
less than 10 microns.
The SNUR will designate as a
‘‘significant new use’’ the absence of
these protective measures.
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Potentially useful information: EPA
has determined that certain information
about the toxicity of the PMN substance
may be potentially useful to characterize
the effects of the PMN substance in
support of a request by the PMN
submitter to modify the Order, or if a
manufacturer or processor is
considering submitting a SNUN for a
significant new use that will be
designated by this SNUR. EPA has
determined that the results of specific
target organ toxicity testing of the PMN
substance may be potentially useful in
characterizing the health effects of the
PMN substance. Although the Order
does not require this test, the Order’s
restrictions on manufacture, processing,
distribution in commerce, and disposal
will remain in effect until the Order is
modified or revoked by EPA based on
submission of this or other information
that EPA determines is relevant and
needed to evaluate a modification
request.
CFR citation: 40 CFR 721.11042.
PMN Number: P–16–399
Chemical name: Starch, polymer with
2-propenoic acid, potassium salt,
oxidized.
CAS number: 1638117–09–5.
Effective date of TSCA section 5(e)
Order: April 6, 2017.
Basis for TSCA section 5(e) Order:
The PMN states that the substance will
be used as an agricultural soil
amendment for field crops, agricultural
soil amendment for turf applications
and direct soil injection with fertilizers,
and a compound to be used in
preparation of advanced seed coatings.
Based on SAR analysis of test data on
structurally similar respirable particles,
EPA has identified concerns for lung
effects, including lung overload. The
Order was issued under TSCA sections
5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I),
based on insufficient information to
make a reasoned evaluation and a
finding that the substance may present
an unreasonable risk of injury to human
health. The Order was also issued under
TSCA sections 5(a)(3)(B)(ii)(II) and
5(e)(1)(A)(ii)(II), based on a finding that
the substance that the substance is or
will be produced in substantial
quantities and that the substance either
enters or may reasonably be anticipated
to enter the environment in substantial
quantities, or there is or may be
significant (or substantial) human
exposure to the substance. To protect
against these risks, the Order requires:
1. Submission of certain toxicity
testing on the PMN substance prior to
exceeding the time limit as specified in
the Order.
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2. Use of personal protective
equipment including impervious gloves
(where there is a potential for dermal
exposure).
3. Establishment and use of a hazard
communication program, including
human health precautionary statements
on each label and in the SDS.
4. Manufacture of the substance with
a particulate size greater than 30
microns.
The SNUR will designate as a
‘‘significant new use’’ the absence of
these protective measures.
Potentially useful information: EPA
has determined that certain information
about the toxicity of the PMN substance
may be potentially useful to characterize
the health and environmental effects of
the PMN substance in support of a
request by the PMN submitter to modify
the Order, or if a manufacturer or
processor is considering submitting a
SNUN for a significant new use that will
be designated by this SNUR. The
submitter has agreed not to manufacture
beyond a certain time limit without
performing an acute aquatic toxicity
test. In addition, EPA has determined
that the results of specific target organ
toxicity testing of the PMN substance
may be potentially useful in
characterizing the health effects of the
PMN substance. Although the Order
does not require this additional testing,
the Order’s restrictions on manufacture,
processing, distribution in commerce,
and disposal will remain in effect until
the Order is modified or revoked by
EPA based on submission of this or
other information that EPA determines
is relevant and needed to evaluate a
modification request.
CFR citation: 40 CFR 721.11043.
PMN Number: P–16–430
Chemical name: Pentanedioic acid, 2methyl-.
CAS number: 617–62–9.
Effective date of TSCA section 5(e)
Order: May 17, 2017.
Basis for TSCA section 5(e) Order:
The PMN states the generic (nonconfidential) use of the substance will
be as a filler. Based on test data on the
PMN substance, EPA has identified
concerns for systemic and reproductive
toxicity. Based on structural analysis on
the acid groups and test data, EPA has
identified concerns for dermal and
respiratory irritation. Further, based on
test data on the PMN substance and test
data on analogous neutral organics, EPA
predicts toxicity to aquatic organisms
may occur at concentrations that exceed
14 ppb of the PMN substance in surface
waters. The Order was issued under
TSCA sections 5(a)(3)(B)(ii)(I) and
5(e)(1)(A)(ii)(I), based on insufficient
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information to make a reasoned
evaluation and a finding that the
substance may present an unreasonable
risk of injury to human health and the
environment. EPA assessed risks based
on the specific processing, use,
distribution/transportation, treatment
and disposal processes, process
equipment, engineering controls, and
handling practices (including worker
activities and cleaning procedures)
described in the PMN. To protect
against these risks, the Order requires:
1. Use of personal protective
equipment including impervious gloves
(where there is a potential for dermal
exposure).
2. Use of a NIOSH-certified respirator
with an APF of at least 10 (where there
is a potential for inhalation exposure).
(EPA’s estimates indicate that variations
of the parameters (including batch size,
number of processing sites, days per
year of operation) of the uses identified
below would not result in inhalation
exposure that would indicate a different
respirator.)
3. Establishment and use of a hazard
communication program, including
human health precautionary statements
on each label and in the SDS.
4. No domestic manufacture of the
PMN substance.
5. Import of the PMN substance at or
below the maximum concentration
specified in the Order.
6. No release of the PMN substance
resulting in surface water
concentrations that exceed 14 ppb.
The SNUR will designate as a
‘‘significant new use’’ the absence of
these protective measures.
Potentially useful information: EPA
has determined that certain information
about the human health toxicity of the
PMN substance may be potentially
useful to characterize the effects of the
substance in support of a request by the
PMN submitter to modify the Order, or
if a manufacturer or processor is
considering submitting a SNUN for a
significant new use that will be
designated by this SNUR. EPA has
determined that the results of specific
target organ toxicity testing of the PMN
substance may be potentially useful in
characterizing the health effects of the
PMN substance. Although the Order
does not require this test, the Order’s
restrictions on manufacture, processing,
distribution in commerce, and disposal
will remain in effect until the Order is
modified or revoked by EPA based on
submission of this or other information.
CFR citation: 40 CFR 721.11044.
PMN Number: P–16–495
Chemical name: 2-Pentanol,
4-methyl-, reaction products with
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phosphorus oxide (P2O5), compounds
with alkylamine (generic).
CAS number: Not available.
Effective date of TSCA section 5(e)
Order: April 25, 2017.
Basis for TSCA section 5(e) Order:
The PMN states that the generic use
(non-confidential) of the substance will
be as a lubricant additive. Based on test
data on the substance, EPA has
identified concerns for systemic effects,
sensitization and irritation to the eyes
and skin. Based on physical/chemical
properties, EPA has concerns for lung
effects, including lung surfactancy.
Further, based on test data on analogous
aliphatic amines for the cation and
neutral organics for the anion as well as
test data on the PMN substance, EPA
predicts toxicity to aquatic organisms
may occur at concentrations that exceed
200 ppb of the PMN substance in
surface waters. The Order was issued
under TSCA sections 5(a)(3)(B)(ii)(I) and
5(e)(1)(A)(ii)(I), based on insufficient
information to make a reasoned
evaluation and a finding that the
substance may present an unreasonable
risk of injury to human health and the
environment. To protect against these
risks, the Order requires:
1. Submission of certain toxicity
testing on the PMN substance prior to
exceeding the confidential production
volume limit as specified in the Order.
2. Use of personal protective
equipment (where there is a potential
for dermal exposure).
3. Establishment and use of a hazard
communication program, including
human health precautionary statements
on each label and in the SDS.
4. No manufacture in any manner or
method that results in inhalation
exposure.
5. No use of the PMN substance in an
application method that generates a
vapor, mist, or aerosol.
6. No release of the PMN substance
resulting in surface water
concentrations that exceed 200 ppb.
The SNUR will designate as a
‘‘significant new use’’ the absence of
these protective measures.
Potentially useful information: EPA
has determined that certain information
about the human health and aquatic
toxicity of the PMN substance may be
potentially useful to characterize the
effects of the PMN substance effects of
the PMN substance in support of a
request by the PMN submitter to modify
the Order, or if a manufacturer or
processor is considering submitting a
SNUN for a significant new use that will
be designated by this SNUR. The
submitter has agreed not to exceed the
confidential production limit without
performing chronic aquatic toxicity
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tests. In addition, EPA has determined
that the results of specific target organ
toxicity testing of the PMN substance
may be potentially useful in
characterizing the health effects of the
PMN substance. Although the Order
does not require this additional testing,
the Order’s restrictions on manufacture,
processing, distribution in commerce,
and disposal will remain in effect until
the Order is modified or revoked by
EPA based on submission of this or
other information that EPA determines
is relevant and needed to evaluate a
modification request.
CFR citation: 40 CFR 721.11045.
PMN Number: P–16–513
Chemical name: Hydroxy
alkylbiphenyl (generic).
CAS number: Not available.
Effective date of TSCA section 5(e)
Order: May 2, 2017.
Basis for TSCA section 5(e) Order:
The PMN states that the substance will
be used as a chemical intermediate.
Based on test data on an analog, EPA
has identified concerns for
developmental toxicity, systemic
toxicity, blood effects, and corrosion of
the skin, eyes, and mucous membranes.
Further, based on SAR analysis of test
data on analogous amides, EPA predicts
toxicity to aquatic organisms may occur
at concentrations that exceed 17 ppb of
the PMN substances in surface waters.
The Order was issued under TSCA
sections 5(a)(3)(B)(ii)(I) and
5(e)(1)(A)(ii)(I), based on insufficient
information to make a reasoned
evaluation and a finding that the
substances may present an unreasonable
risk of injury to human health and the
environment. To protect against these
risks, the Order requires:
1. Submission of certain toxicity
testing on the PMN substance prior to
exceeding the confidential production
volume limit as specified in the Order.
2. Use of personal protective
equipment (where there is a potential
for dermal exposure).
3. Use of a NIOSH-certified respirator
with an APF of at least 50 (where there
is a potential for inhalation exposure).
(EPA’s estimates indicate that variations
of the parameters (including batch size,
number of processing sites, days per
year of operation) of the uses identified
below would not result in inhalation
exposure that would indicate a different
respirator.)
4. Use of the PMN substance only as
a chemical intermediate.
5. No release of the PMN substance
resulting in surface water
concentrations that exceed 17 ppb.
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The SNUR will designate as a
‘‘significant new use’’ the absence of
these protective measures.
Potentially useful information: EPA
has determined that certain information
about the human health and aquatic
toxicity of the PMN substance may be
potentially useful to characterize the
effects of the PMN substance in support
of a request by the PMN submitter to
modify the Order, or if a manufacturer
or processor is considering submitting a
SNUN for a significant new use that will
be designated by this SNUR. The
submitter has agreed not to exceed the
confidential production limit without
performing specific target organ toxicity
and reproductive/developmental
toxicity testing. In addition, EPA has
determined that the results of acute
aquatic toxicity tests may be potentially
useful in characterizing the
environmental effects of the PMN
substance. Although the Order does not
require these additional tests, the
Order’s restrictions on manufacture,
processing, distribution in commerce,
and disposal will remain in effect until
the Order is modified or revoked by
EPA based on submission of this or
other information that EPA determines
is relevant and needed to evaluate a
modification request.
CFR citation: 40 CFR 721.11046.
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PMN Numbers: P–16–534, P–16–535,
and P–16–536
Chemical names: Alkyl alkenoic acid,
polymer with alkenylcarbomonocycle
telomer with substituted alkanoic acid
hydroxyl alkyl substituted alkenyl
substituted alkyl ester, polyalkylene
glycol alkyl ether alkyl alkenoate,
dialkylene glycol diheteromonocyclic
ether and alkylcarbomonocyclic
alkenoate, metal salt (generic) (P–16–
534); Alkyl alkenoic acid, polymer with
alkenylcarbomonocycle telomer with
substituted alkanoic acid hydroxyl alkyl
substituted alkenyl substituted alkyl
ester, alkanediol diheteromonocyclic
ether, polyalkylene glycol alkyl ether
alkyl alkenoate and
alkylcarbomonocyclic alkenoate, metal
salt (generic) (P–16–535); and Alkyl
alkenoic acid, polymer with bis
heteromonocyclic substituted alkyl
carbomonocycle,
alkenylcarbomonocycle telomer with
substituted alkanoic acid hydroxyl alkyl
substituted alkenyl substituted alkyl
ester, polyalkylene glycol alkyl ether
alkyl alkenoate and
alkylcarbomonocyclic alkenoate, metal
salt (generic) (P–16–536).
CAS numbers: Not available.
Effective date of TSCA section 5(e)
Order: April 4, 2017.
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Basis for TSCA section 5(e) Order:
The PMN states that the generic (nonconfidential) use of the substances will
be a component of ink. Based on test
data on structurally similar respirable
particles, EPA has identified concerns
for lung effects if inhaled, based on lung
overload. In addition, EPA has
identified ecotoxicity concerns for the
substances if made with an acid
component exceeding 20% of the
molecular weight due potential for
increased absorption and solubility. The
Order was issued under TSCA sections
5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I),
based on insufficient information to
make a reasoned evaluation and a
finding that the substances may present
an unreasonable risk of injury to human
health and the environment. To protect
against these risks, the Order requires:
1. Manufacture of the PMN substances
such that the minimum average
molecular weight is 1,800 daltons and
the carboxylic acid content does not
exceed 20%.
2. No domestic manufacture of the
PMN substances.
3. Process or use of the PMN
substances only for the use specified in
the Order.
The SNUR will designate as a
‘‘significant new use’’ the absence of
these protective measures.
Potentially useful information: EPA
has determined that certain information
about the human health and aquatic
toxicity of the PMN substances may be
potentially useful to characterize the
effects of the substances in support of a
request by the PMN submitter to modify
the Order, or if a manufacturer or
processor is considering submitting a
SNUN for a significant new use that will
be designated by this SNUR. EPA has
determined that the results of specific
target organ toxicity testing and an acute
aquatic toxicity test of the PMN
substances may be potentially useful in
characterizing the health and
environmental effects of the PMN
substances. Although the Order does not
require these tests, the Order’s
restrictions on manufacture, processing,
distribution in commerce, and disposal
will remain in effect until the Order is
modified or revoked by EPA based on
submission of this or other information
that EPA determines is relevant and
needed to evaluate a modification
request.
CFR citations: 40 CFR 721.11047 (P–
16–534), 40 CFR 721.11048 (P–16–535),
and 40 CFR 721.11049 (P–16–536).
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PMN Numbers: P–16–549, P–16–550, P–
16–551, P–16–553, P–16–555, P–16–
556, P–16–557, P–16–558, P–16–560, P–
16–561, P–16–562, P–16–563, P–16–
564, P–16–565, and P–16–567
Chemical names: Alkaline
functionalized methacrylate-substituted
polymer (generic) (P–16–549, P–16–550,
and P–16–551); Quaternary alkylamine
functionalized methacrylate-substituted
polymer (generic) (P–16–553); Neutral
alcohol functionalized methacrylatesubstituted polymer (generic) (P–16–555
and P–16–556); Neutral alkyl salt
functionalized methacrylate-substituted
polymer (generic) (P–16–557, P–16–558,
and P–16–560); Acid functionalized
methacrylate-substituted polymer
(generic) (P–16–561, P–16–562, P–16–
563, P–16–564, and P–16–565); and
Alkylamine functionalized
methacrylate-substituted polymer
(generic) (P–16–567).
CAS numbers: Not available.
Effective date of TSCA section 5(e)
Order: May 2, 2017.
Basis for TSCA section 5(e) Order:
The PMN states the substances will be
use as crosslinked resins for
chromatographic separation of
biomolecules and biocatalysts. Based on
test data on structurally similar
respirable particles, EPA has identified
concerns for lung effects, including lung
overload. EPA has also identified
irritation concerns for skin and eyes.
The Order was issued under TSCA
sections 5(a)(3)(B)(ii)(I) and
5(e)(1)(A)(ii)(I), based on insufficient
information to make a reasoned
evaluation and a finding that the
substances may present an unreasonable
risk of injury to human health. To
protect against these risks, the Order
requires:
1. Use of personal protective
equipment including impervious gloves
(where there is a potential for dermal
exposure).
2. Manufacture of the PMN substances
only in the physical form of spherical
beads and with less than 0.1% below a
particle size of 10 microns.
3. No domestic manufacture of the
PMN substances.
4. Process or use of the PMN
substances only for the uses specified in
the Order.
The SNUR will designate as a
‘‘significant new use’’ the absence of
these protective measures.
Potentially useful information: EPA
has determined that certain information
about the human health toxicity of the
PMN substances may be potentially
useful to characterize the effects of the
substances in support of a request by the
PMN submitter to modify the Order, or
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if a manufacturer or processor is
considering submitting a SNUN for a
significant new use that will be
designated by this SNUR. EPA has
determined that the results of specific
target organ toxicity testing of the PMN
substances may be potentially useful in
characterizing the health effects of the
PMN substances. Although the Order
does not require this testing, the Order’s
restrictions on manufacture, processing,
distribution in commerce, and disposal
will remain in effect until the Order is
modified or revoked by EPA based on
submission of this or other information
that EPA determines is relevant and
needed to evaluate a modification
request.
CFR citations: 40 CFR 721.11050.
PMN Number: P–16–579
Chemical name: Waste plastics,
poly(ethylene terephthalate), depolymd.
with polypropylene glycol ether with
glycerol (3:1), polymers with alkenoic
and alkanoic acids (generic).
CAS number: Not available.
Effective date of TSCA section 5(e)
Order: March 13, 2017.
Basis for TSCA section 5(e) Order:
The PMN states that the substance will
be used as an ultraviolet curable coating
resin. Based on test data on similar
structural moieties, EPA has identified
concerns for dermal and respiratory
sensitization and irritation of mucous
membranes. In addition, EPA has
identified human health and
environmental concerns for the
substance if made with lower molecular
weight due potential for increased
absorption and solubility. The Order
was issued under TSCA sections
5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I),
based on insufficient information to
make a reasoned evaluation and a
finding that the substances may present
an unreasonable risk of injury to human
health and the environment. To protect
against these risks, the Order requires:
1. Use of personal protective
equipment including gloves and
protective clothing (where there is a
potential for dermal exposure).
2. Use of a NIOSH-certified full-face
respirator with an APF of at least 50
(where there is a potential for inhalation
exposure). (EPA’s estimates indicate
that variations of the parameters
(including batch size, number of
processing sites, days per year of
operation) of the uses identified below
would not result in inhalation exposure
that would indicate a different
respirator.)
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3. Establishment and use of a hazard
communication program, including
human health precautionary statements
on each label and in the SDS.
4. No manufacture of the PMN
substance with an average molecular
weight less than 1,100 Daltons.
5. Use of the PMN substance only as
an ultraviolet curable coating resin.
The SNUR will designate as a
‘‘significant new use’’ the absence of
these protective measures.
Potentially useful information: EPA
has determined that certain information
about the physical-chemical properties
and human health and aquatic toxicity
of the PMN substance may be
potentially useful to characterize the
effects of the substance in support of a
request by the PMN submitter to modify
the Order, or if a manufacturer or
processor is considering submitting a
SNUN for a significant new use that will
be designated by this SNUR. EPA has
determined that measurement of certain
physical-chemical properties, the results
of specific target organ toxicity,
reproductive/developmental toxicity,
sensitization, and acute and chronic
aquatic toxicity testing may be
potentially useful in characterizing the
health and environmental effects of the
PMN substances. Although the Order
does not require these tests, the Order’s
restrictions on manufacture, processing,
distribution in commerce, and disposal
will remain in effect until the Order is
modified or revoked by EPA based on
submission of this or other information
that EPA determines is relevant and
needed to evaluate a modification
request.
CFR citation: 40 CFR 721.11051.
PMN Number: P–17–32
Chemical name: 1,3,5Naphthalenetrisulfonic acid.
CAS number: 6654–64–4.
Effective date of TSCA section 5(e)
Order: March 22, 2017.
Basis for TSCA section 5(e) Order:
The PMN states that the generic (nonconfidential) use of the substance is for
monitoring of oil/gas well performance.
Based on test data on an analog and
physical/chemical properties of the
PMN substance, EPA has identified
concerns for dermal and respiratory
irritation, developmental toxicity, and
blood effects. The Order was issued
under TSCA sections 5(a)(3)(B)(ii)(I) and
5(e)(1)(A)(ii)(I), based on insufficient
information to make a reasoned
evaluation and a finding that the
PO 00000
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43281
substance may present an unreasonable
risk of injury to human health. To
protect against these risks, the Order
requires:
1. Submission of certain toxicity
testing on the PMN substance prior to
exceeding the confidential production
volume limit as specified in the Order.
2. Use of personal protective
equipment including NIOSH-approved
respirator (APF 50) and impervious
gloves (where there is a potential for
inhalation or dermal exposure). (EPA’s
estimates indicate that variations of the
parameters (including batch size,
number of processing sites, days per
year of operation) of the uses identified
below would not result in inhalation
exposure that would indicate a different
respirator.)
3. Establishment and use of a hazard
communication program, including
human health precautionary statements
on each label and in the SDS.
4. No manufacture or processing of
the PMN substance beyond a
confidential annual production volume
specified in the Order.
5. No manufacture, processing, or use
using application methods that
intentionally generate a vapor, mist or
aerosol.
The SNUR will designate as a
‘‘significant new use’’ the absence of
these protective measures.
Potentially useful information: EPA
has determined that certain information
about the human health toxicity of the
PMN substance may be potentially
useful to characterize the effects of the
PMN substance in support of a request
by the PMN submitter to modify the
Order, or if a manufacturer or processor
is considering submitting a SNUN for a
significant new use that will be
designated by this SNUR. The submitter
has agreed not to exceed the
confidential production limit without
performing specific target organ toxicity
and developmental toxicity testing.
CFR citation: 40 CFR 721.11052.
PMN Numbers: P–17–33, P–17–34, P–
17–36, P–17–38, P–17–39, P–17–41, P–
17–42, P–17–43, P–17–45, P–17–47, P–
17–50, P–17–52, P–17–55, P–17–57, P–
17–59, P–17–61, P–17–62, P–17–63, P–
17–64, P–17–66, P–17–67, P–17–69, P–
17–71, P–17–72, P–17–73, P–17–75, P–
17–76, P–17–79, P–17–80, P–17–83, P–
17–85, P–17–87, P–17–90, P–17–91, P–
17–93
Chemical names and CAS Numbers:
E:\FR\FM\20AUR2.SGM
20AUR2
43282
Federal Register / Vol. 84, No. 161 / Tuesday, August 20, 2019 / Rules and Regulations
Chemical name
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
2-fluoro-, sodium salt (1:1) (P–17–33) ....................................................................................................................
4-fluoro-, sodium salt (1:1) (P–17–34) ....................................................................................................................
2,3,4,5-tetrafluoro-, sodium salt (1:1) (P–17–36) ...................................................................................................
2-(trifluoromethyl)-, sodium salt (1:1) (P–17–38) ....................................................................................................
4-(trifluoromethyl)-, sodium salt (1:1) (P–17–39) ....................................................................................................
2,5-difluoro-, sodium salt (1:1) (P–17–41) ..............................................................................................................
3-fluoro-, sodium salt (1:1) (P–17–42) ....................................................................................................................
2,6-difluoro-, sodium salt (1:1) (P–17–43) ..............................................................................................................
3,5-difluoro-, sodium salt (1:1) (P–17–45) ..............................................................................................................
2,4-difluoro-, sodium salt (1:1) (P–17–47) ..............................................................................................................
3,4-difluoro-, sodium salt (1:1) (P–17–50) ..............................................................................................................
3,4,5-trifluoro-, sodium salt (1:1) (P–17–52) ...........................................................................................................
2,3,4-trifluoro-, sodium salt (1:1) (P–17–55) ...........................................................................................................
2,4,5-trifluoro-, sodium salt (1:1) (P–17–57) ...........................................................................................................
2,3-difluoro-, sodium salt (1:1) (P–17–59) ..............................................................................................................
3-(trifluoromethyl)-, sodium salt (1:1) (P–17–61) ....................................................................................................
2-chloro-, sodium salt (1:1) (P–17–62) ...................................................................................................................
4-chloro-, sodium salt (1:1) (P–17–63) ...................................................................................................................
3-chloro-, sodium salt (1:1) (P–17–64) ...................................................................................................................
2,3-dichloro-, sodium salt (1:1) (P–17–66) .............................................................................................................
2,5-dichloro-, sodium salt (1:1) (P–17–67) .............................................................................................................
3,5-dichloro-, sodium salt (1:1) (P–17–69) .............................................................................................................
2,6-dichloro-, sodium salt (1:1) (P–17–71) .............................................................................................................
3,4-dichloro-, sodium salt (1:1) (P–17–72) .............................................................................................................
2,4-dichloro-, sodium salt (1:1) (P–17–73) .............................................................................................................
2-chloro-4-fluoro-, sodium salt (P–17–75) ..............................................................................................................
3-chloro-4-fluoro-, sodium salt (P–17–76) ..............................................................................................................
5-chloro-2-fluoro-, sodium salt (P–17–79) ..............................................................................................................
4-chloro-3-fluoro-, sodium salt (P–17–80) ..............................................................................................................
4-chloro-2-fluoro-, sodium salt (P–17–83) ..............................................................................................................
5-bromo-2-chloro-, sodium salt (P–17–85) .............................................................................................................
3-bromo-4-fluoro-, sodium salt (P–17–87) ..............................................................................................................
2-bromo-5-fluoro-, sodium salt (P–17–90) ..............................................................................................................
4-bromo-2-fluoro-, sodium salt (P–17–91) ..............................................................................................................
4-bromo-3-fluoro-, sodium salt (P–17–93) ..............................................................................................................
Effective date of TSCA section 5(e)
Order: March 22, 2017.
Basis for TSCA section 5(e) Order:
The PMNs state that the generic (nonconfidential) use of the substances are
for monitoring of oil/gas well
performance. Based on test data on an
analog, EPA has identified concerns for
reproductive, developmental and neurotoxicity, as well as lung toxicity and
dermal irritation. The Order was issued
under TSCA sections 5(a)(3)(B)(ii)(I) and
5(e)(1)(A)(ii)(I), based on insufficient
information to make a reasoned
evaluation and a finding that the
substances may present an unreasonable
risk of injury to human health. EPA
assessed risks based on the specific
manufacturing, processing, use, process
equipment, engineering controls, and
handling practices (including worker
activities and cleaning procedures)
described in the PMN. To protect
against these risks, the Order requires:
1. Submission of certain toxicity
testing on the PMN substances prior to
jbell on DSK3GLQ082PROD with RULES2
CAS No.
exceeding the production volume limit
as specified in the Order.
2. Use of personal protective
equipment including impervious gloves
(where there is a potential for dermal
exposure).
3. Use of a NIOSH-certified respirator
with an APF of at least 50 (where there
is a potential for inhalation exposure) or
compliance with a NCEL of 0.0184 ppm
as an 8-hour time-weighted average.
4. Use of processes, process
equipment, engineering controls, and
handling practices specified in the
Order for manufacturing and processing.
5. Establishment and use of a hazard
communication program, including
human health precautionary statements
on each label and in the SDS.
6. No manufacture or process of the
PMN substances beyond a confidential
annual production volume specified in
the Order.
The SNUR will designate as a
‘‘significant new use’’ the absence of
these protective measures.
Potentially useful information: EPA
has determined that certain information
about the human health toxicity of the
PMN substances may be potentially
useful to characterize the effects of the
PMN substances in support of a request
by the PMN submitter to modify the
Order, or if a manufacturer or processor
is considering submitting a SNUN for a
significant new use that will be
designated by this SNUR. The submitter
has agreed not to exceed the
confidential production limit without
performing specific target organ toxicity
testing on P–17–0091.
CFR citations: 40 CFR 721.11053.
PMN Numbers: P–17–35, P–17–37, P–
17–40, P–17–44, P–17–46, P–17–48, P–
17–51, P–17–53, P–17–54, P–17–56, P–
17–58, P–17–60, P–17–65, P–17–68, P–
17–70, P–17–74, P–17–77, P–17–78, P–
17–81, P–17–82, P–17–84, P–17–88, P–
17–89, P–17–92, P–17–97
Chemical names and CAS Numbers:
Chemical name
Benzoic
Benzoic
Benzoic
Benzoic
acid,
acid,
acid,
acid,
VerDate Sep<11>2014
CAS No.
2,3,4,5-tetrafluoro- (P–17–35) .................................................................................................................................
2-(trifluoromethyl)- (P–17–37) .................................................................................................................................
2,5-difluoro- (P–17–40) ...........................................................................................................................................
2,6-difluoro- (P–17–44) ...........................................................................................................................................
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6654–64–4
499–90–1
67852–79–3
2966–44–1
25832–58–0
522651–42–9
499–57–0
6185–28–0
530141–39–0
1765–08–8
522651–44–1
1180493–12–2
402955–41–3
522651–48–5
1604819–08–0
69226–41–1
17264–74–3
3686–66–6
17264–88–9
118537–84–1
63891–98–5
154862–40–5
10007–84–8
17274–10–1
38402–11–8
855471–43–1
1421761–18–3
1382106–78–6
1421029–88–0
1382106–64–0
1938142–12–1
938142–13–2
1938142–14–3
1938142–15–4
1535169–81–3
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1201–31–6
433–97–6
2991–28–8
385–00–2
Federal Register / Vol. 84, No. 161 / Tuesday, August 20, 2019 / Rules and Regulations
Chemical name
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
CAS No.
3,5-difluoro- (P–17–46) ...........................................................................................................................................
2,4-difluoro- (P–17–48) ...........................................................................................................................................
3,4-difluoro- (P–17–51) ...........................................................................................................................................
3,4,5-trifluoro- (P–17–53) ........................................................................................................................................
2,3,4-trifluoro- (P–17–54) ........................................................................................................................................
2,4,5-trifluoro- (P–17–56) ........................................................................................................................................
2,3-difluoro- (P–17–58) ...........................................................................................................................................
3-(trifluoromethyl)- (P–17–60) .................................................................................................................................
2,3-dichloro-(P–17–65) ...........................................................................................................................................
3,5-dichloro- (P–17–68) ..........................................................................................................................................
2,6-dichloro-(P–17–70) ...........................................................................................................................................
2-chloro-4-fluoro- (P–17–74) ...................................................................................................................................
5-chloro-2-fluoro- (P–17–77) ...................................................................................................................................
3-chloro-4-fluoro- (P–17–78) ...................................................................................................................................
4-chloro-3-fluoro- (P–17–81) ...................................................................................................................................
4-chloro-2-fluoro- (P–17–82) ...................................................................................................................................
5-bromo-2-chloro- (P–17–84) .................................................................................................................................
3-bromo-4-fluoro- (P–17–88) ..................................................................................................................................
2-bromo-5-fluoro- (P–17–89) ..................................................................................................................................
4-bromo-3-fluoro- (P–17–92) ..................................................................................................................................
4-bromo-2-fluoro- (P–17–97) ..................................................................................................................................
Effective date of TSCA section 5(e)
Order: March 22, 2017.
Basis for TSCA section 5(e) Order:
The PMNs state that the generic (nonconfidential) use of the substances are
for monitoring of oil/gas well
performance. Based on test data on an
analog, EPA has identified concerns for
reproductive, developmental and neurotoxicity, as well as lung toxicity and
dermal irritation. The Order was issued
under TSCA sections 5(a)(3)(B)(ii)(I) and
5(e)(1)(A)(ii)(I), based on insufficient
information to make a reasoned
evaluation and a finding that the
substances may present an unreasonable
risk of injury to human health. EPA
assessed risks based on the specific
manufacturing, processing, use, process
equipment, engineering controls, and
handling practices (including worker
activities and cleaning procedures)
described in the PMN. To protect
against these risks, the Order requires:
1. Submission of certain toxicity
testing on the PMN substances prior to
exceeding the production volume limit
as specified in the Order.
2. Use of personal protective
equipment including impervious gloves
(where there is a potential for dermal
exposure).
3. Use of a NIOSH-certified respirator
with an APF of at least 50 (where there
is a potential for inhalation exposure) or
compliance with a NCEL of 0.0184 ppm
as an 8-hour time-weighted average to
prevent inhalation exposure.
4. Use of processes, process
equipment, engineering controls, and
handling practices specified in the
Order for manufacturing and processing.
5. Establishment and use of a hazard
communication program, including
human health precautionary statements
on each label and in the SDS.
6. No manufacture or process of the
PMN substances beyond a confidential
annual production volume specified in
the Order.
The SNUR will designate as a
‘‘significant new use’’ the absence of
these protective measures.
Potentially useful information: EPA
has determined that certain information
about the human health toxicity of the
jbell on DSK3GLQ082PROD with RULES2
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
VerDate Sep<11>2014
PMN Numbers: P–17–94, P–17–95, P–
17–96, P–17–98, P–17–99, P–17–100, P–
17–101, P–17–102, P–17–103, P–17–
104, P–17–105, P–17–114, P–17–122, P–
17–123, P–17–124, P–17–125, P–17–
126, P–17–127, P–17–128, P–17–129, P–
17–130, P–17–131, P–17–132, P–17–
133, P–17–134, P–17–135, P–17–136, P–
17–137, P–17–138, P–17–139, and P–
17–140
Chemical names and CAS Numbers:
CAS No.
2,3,4,5-tetrafluoro-, ethyl ester (P–17–94) ..............................................................................................................
4-(trifluoromethyl)-, ethyl ester (P–17–95) ..............................................................................................................
2-(trifluoromethyl)-, ethyl ester (P–17–96) ..............................................................................................................
2,6-difluoro-, ethyl ester (P–17–98) ........................................................................................................................
2,5-difluoro-, ethyl ester (P–17–99) ........................................................................................................................
2,3,4-trifluoro-, ethyl ester (P–17–100) ...................................................................................................................
2-bromo-5-fluoro-, ethyl ester (P–17–101) .............................................................................................................
3,5-difluoro-, ethyl ester (P–17–102) ......................................................................................................................
5-bromo-2-chloro-, ethyl ester (P–17–103) ............................................................................................................
3-chloro-, ethyl ester (P–17–104) ...........................................................................................................................
2-chloro-, ethyl ester (P–17–105) ...........................................................................................................................
3-chloro-4-fluoro-, ethyl ester (P–17–114) ..............................................................................................................
4-bromo-2-fluoro-, ethyl ester (P–17–122) .............................................................................................................
2-bromo-4,5-difluoro-, ethyl ester (P–17–123) .......................................................................................................
4-bromo-3-fluoro-, ethyl ester (P–17–124) .............................................................................................................
3-bromo-4-fluoro-, ethyl ester (P–17–125) .............................................................................................................
20:51 Aug 19, 2019
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1583–58–0
455–86–7
121602–93–5
61079–72–9
446–17–3
4519–39–5
454–92–2
50–45–3
51–36–5
50–30–6
2252–51–9
394–30–9
403–16–7
403–17–8
446–30–0
21739–92–4
11007–16–5
394–28–5
153556–42–4
112704–79–7
PMN substances may be potentially
useful to characterize the effects of the
PMN substances in support of a request
by the PMN submitter to modify the
Order, or if a manufacturer or processor
is considering submitting a SNUN for a
significant new use that will be
designated by this SNUR. The submitter
has agreed not to exceed the
confidential production limit without
performing specific target organ toxicity
and reproductive/developmental
toxicity testing on both P–17–35 and P–
17–37.
CFR citations: 40 CFR 721.11054.
Chemical name
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
43283
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122894–73–9
583–02–8
577–62–8
19064–14–3
708–25–8
351354–50–2
351354–50–2
350–19–6
76008–73–6
1128–76–3
7335–25–3
137521–81–4
474709–71–2
144267–97–0
1130165–74–0
23233–33–2
43284
Federal Register / Vol. 84, No. 161 / Tuesday, August 20, 2019 / Rules and Regulations
Chemical name
jbell on DSK3GLQ082PROD with RULES2
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
4-chloro-2-fluoro-, ethyl ester (P–17–126) ..............................................................................................................
2,5-dichloro-, ethyl ester (P–17–127) .....................................................................................................................
4-chloro-3-fluoro-, ethyl ester (P–17–128) ..............................................................................................................
2-chloro-4-fluoro-, ethyl ester (P–17–129) ..............................................................................................................
5-chloro-2-fluoro-, ethyl ester (P–17–130) ..............................................................................................................
2,4-difluoro-, ethyl ester (P–17–131) ......................................................................................................................
3,4-difluoro-, ethyl ester (P–17–132) ......................................................................................................................
3,4,5-trifluoro-, ethyl ester (P–17–133) ...................................................................................................................
2,4,5-trifluoro-, ethyl ester (P–17–134) ...................................................................................................................
3-(trifluoromethyl)-, ethyl ester (P–17–135) ............................................................................................................
2,3-difluoro-, ethyl ester (P–17–136) ......................................................................................................................
2,6-dichloro-, ethyl ester (P–17–137) .....................................................................................................................
3,5-dichloro-, ethyl ester (P–17–138) .....................................................................................................................
2,4-dichloro-, ethyl ester (P–17–139) .....................................................................................................................
3,4-dichloro-, ethyl ester (P–17–140) .....................................................................................................................
Effective date of TSCA section 5(e)
Order: March 22, 2017.
Basis for TSCA section 5(e) Order:
The PMNs state that the substances are
for monitoring oil/gas well performance.
Based on test data on an analog, EPA
has identified concerns for
reproductive, developmental and neurotoxicity, as well as lung toxicity and
dermal irritation. Further, based on SAR
analysis of test data on analogous
neutral organics, EPA predicts toxicity
to aquatic organisms may occur at
concentrations that exceed 15 ppb of the
PMN substances in surface waters. The
Order was issued under TSCA sections
5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I),
based on insufficient information to
make a reasoned evaluation and a
finding that the substances may present
an unreasonable risk of injury to human
health and the environment. EPA
assessed risks based on the specific
manufacturing, processing, use, process
equipment, engineering controls, and
handling practices (including worker
activities and cleaning procedures)
described in the PMNs. To protect
against these risks, the Order requires:
1. Submission of certain toxicity
testing on the PMN substances prior to
exceeding the production volume limit
as specified in the Order.
2. Use of personal protective
equipment including impervious gloves
(where there is a potential for dermal
exposure).
3. Use of a NIOSH-certified respirator
with an APF of at least 1,000 (where
there is a potential for inhalation
exposure) or compliance with a NCEL of
0.0184 ppm as an 8-hour time-weighted
average.
4. Use of processes, process
equipment, engineering controls, and
handling practices specified in the
Order for manufacturing and processing.
5. Establishment and use of a hazard
communication program, including
human health precautionary statements
on each label and in the SDS.
VerDate Sep<11>2014
CAS No.
20:51 Aug 19, 2019
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6. No manufacture or process of the
PMN substances beyond a confidential
annual production volume specified in
the Order.
7. No release of the PMN substances
resulting in surface water
concentrations that exceed 15 ppb.
The SNUR will designate as a
‘‘significant new use’’ the absence of
these protective measures.
Potentially useful information: EPA
has determined that certain information
about the human health and aquatic
toxicity of the PMN substances may be
potentially useful to characterize the
effects of the PMN substances in
support of a request by the PMN
submitter to modify the Order, or if a
manufacturer or processor is
considering submitting a SNUN for a
significant new use that will be
designated by this SNUR. The submitter
has agreed not to exceed the
confidential production limit without
performing specific target organ toxicity
and reproductive/developmental
toxicity testing on P–17–127; specific
target organ toxicity testing on P–17–
101; and acute aquatic toxicity testing
on both P–17–101 and P–17–127.
CFR citations: 40 CFR 721.11055.
PMN Number: P–17–198
Chemical name: Neodymium
aluminium alkyl polymer complexes
(generic).
CAS number: Not available.
Effective date of TSCA section 5(e)
Order: April 27, 2017.
Basis for TSCA section 5(e) Order:
The PMN states the generic (nonconfidential) use of the substance will
be as a catalyst in a closed process.
Based on physical/chemical properties
of the substance and test data on the
PMN substance, EPA has identified
concerns for dermal and respiratory
irritation, corrosion, developmental
toxicity, and lung effects. The Order was
issued under TSCA sections
5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I),
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4793–20–8
35112–27–7
203573–08–4
167758–87–4
773139–56–3
108928–00–3
144267–96–9
495405–09–9
351354–41–1
76783–59–0
773134–65–9
81055–73–4
91085–56–2
56882–52–1
28394–58–3
based on insufficient information to
make a reasoned evaluation and a
finding that the substance may present
an unreasonable risk of injury to human
health. To protect against these risks,
the Order requires:
1. Submission of glove permeation
testing on the PMN substance prior to
exceeding the production volume limit
as specified in the Order.
2. Use of personal protective
equipment including impervious gloves
(where there is a potential for dermal
exposure).
3. Establishment and use of a hazard
communication program, including
human health precautionary statements
on each label and in the SDS.
4. No domestic manufacture of the
PMN substance.
5. No use in any manner or method
where there is potential for inhalation
exposure.
6. Use of the PMN substance in a
closed system as specified in the PMN.
The SNUR will designate as a
‘‘significant new use’’ the absence of
these protective measure.
Potentially useful information: EPA
has determined that the results of glove
permeability testing will help
characterize the effectiveness of
protective measures to mitigate human
health risk of the PMN substance in
support of a request by the PMN
submitter to modify the Order, or if a
manufacturer or processor is
considering submitting a SNUN for a
significant new use that will be
designated by this SNUR. The submitter
has agreed not to manufacture beyond a
certain time period without performing
glove permeability testing.
CFR citation: 40 CFR 721.11056.
PMN Numbers: P–17–272, P–17–273, P–
17–274, P–17–275, P–17–276 and P–17–
277
Chemical name: Fatty acid amide
alkyl amine salts (generic).
CAS numbers: Not available.
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Effective date of TSCA section 5(e)
Order: August 4, 2017.
Basis for TSCA section 5(e) Order:
The PMNs state that the generic (nonconfidential) use of the substances will
be as a component in asphalt emulsion.
Based on SAR analysis of test data on
analogous substances, EPA has
identified concerns for dermal and
respiratory irritation, corrosion,
developmental toxicity, systemic effect,
sensitization and lung effects. The Order
was issued under TSCA sections
5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I),
based on insufficient information to
make a reasoned evaluation and a
finding that the substances may present
an unreasonable risk of injury to human
health and environment. To protect
against these risks, the Order requires:
1. Use of the PMN substances only for
the use specified in the Order.
2. Use of personal protective
equipment for workers exposed
dermally to the PMN substances
(including impervious gloves, chemical
goggles or equivalent eye protection and
clothing which covers any other
exposed areas of the arms and torso).
3. No modification of the
manufacture, process or use of the PMN
substances if it results in inhalation
exposure to vapor, dust, mist or aerosol.
4. Establishment and use of a hazard
communication program, including
human health precautionary statements
on each label and in the SDS.
5. No release of the PMN substances
into the waters of the United States.
The SNUR will designate as a
‘‘significant new use’’ the absence of
these protective measures.
Potentially useful information: EPA
has determined that certain information
about the human health and aquatic
toxicity of the PMN substances may be
potentially useful to characterize the
effects of the PMN substances in
support of a request by the PMN
submitter to modify the Order, or if a
manufacturer or processor is
considering submitting a SNUN for a
significant new use that will be
designated by this SNUR. EPA has
determined that the results of specific
target organ toxicity testing of the PMN
substances, and acute and chronic
aquatic toxicity testing of the PMN
substances may be potentially useful in
characterizing the health and
environmental effects of the PMN
substances. Although the Order does not
require these tests, the Order’s
restrictions on manufacture, processing
and distribution in commerce, will
remain in effect until the Order is
modified or revoked by EPA based on
submission of this or other information
that EPA determines is relevant and
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needed to evaluate a modification
request.
CFR citations: 40 CFR 721.11057.
PMN Numbers: P–17–278, P–17–279
and P–17–280
Chemical name: Fatty acid derived
imidazoline salts (generic).
CAS numbers: Not available.
Effective date of TSCA section 5(e)
Order: August 4, 2017.
Basis for TSCA section 5(e) Order:
The PMNs state that the generic (nonconfidential) use of the substances will
be as a component in asphalt emulsion.
Based on SAR analysis of test data on
analogous substances, EPA has
identified concerns for irritation,
corrosion, developmental toxicity,
systemic effect, sensitization and lung
effects. The Order was issued under
TSCA sections 5(a)(3)(B)(ii)(I) and
5(e)(1)(A)(ii)(I), based on insufficient
information to make a reasoned
evaluation and a finding that the
substances may present an unreasonable
risk of injury to human health and
environment. To protect against these
risks, the Order requires:
1. Use of the PMN substances only for
the use specified in the Order.
2. Use of personal protective
equipment for workers exposed
dermally to the PMN substances
(including impervious gloves, chemical
goggles or equivalent eye protection and
clothing which covers any other
exposed areas of the arms and torso).
3. No modification of the
manufacture, process or use of the PMN
substances if it results in inhalation
exposure to vapor, dust, mist or aerosol.
4. Establishment and use of a hazard
communication program, including
human health precautionary statements
on each label and in the SDS.
5. No release of the PMN substances
into the waters of the United States.
The SNUR will designate as a
‘‘significant new use’’ the absence of
these protective measures.
Potentially useful information: EPA
has determined that certain information
about the human health and aquatic
toxicity of the PMN substances may be
potentially useful to characterize the
effects of the PMN substances in
support of a request by the PMN
submitter to modify the Order, or if a
manufacturer or processor is
considering submitting a SNUN for a
significant new use that will be
designated by this SNUR. EPA has
determined that the results of specific
target organ toxicity testing and acute
and chronic aquatic toxicity testing of
the PMN substances may be potentially
useful in characterizing the health and
environmental effects of the PMN
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substances. Although the Order does not
require these tests, the Order’s
restrictions on manufacture, processing
and distribution in commerce will
remain in effect until the Order is
modified or revoked by EPA based on
submission of this or other information
that EPA determines is relevant and
needed to evaluate a modification
request.
CFR citations: 40 CFR 721.11058.
VI. Rationale and Objectives of the Rule
A. Rationale
During review of the PMNs submitted
for the chemical substances that are
subject to these SNURs, EPA concluded
that for all 145 chemical substances
regulation was warranted under TSCA
section 5(e), pending the development
of information sufficient to make
reasoned evaluations of the health or
environmental effects of the chemical
substances. The basis for such findings
is outlined in Unit IV. Based on these
findings, TSCA section 5(e) Orders
requiring the use of appropriate
exposure controls were negotiated with
the PMN submitters.
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 regards to
the significant new uses designated in
this rule:
• EPA will receive notice of any
person’s intent to manufacture or
process a listed chemical substance for
the described significant new use before
that activity begins.
• EPA will have an opportunity to
review and evaluate data submitted in a
SNUN before the notice submitter
begins manufacturing or processing a
listed chemical substance for the
described significant new use.
• EPA will be able to either determine
that the prospective manufacture or
processing is not likely to present an
unreasonable risk, or to take necessary
regulatory action associated with any
other determination, before the
described significant new use of the
chemical substance occurs.
• EPA will identify as significant new
uses any manufacturing, processing,
use, distribution in commerce, or
disposal that does not conform to the
restrictions imposed by the underlying
Orders, consistent with TSCA section
5(f)(4).
Issuance of a SNUR for a chemical
substance does not signify that the
chemical substance is listed on the
TSCA Chemical Substance Inventory
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(TSCA Inventory). Guidance on how to
determine if a chemical substance is on
the TSCA Inventory is available on the
internet at https://www.epa.gov/opptintr/
existingchemicals/pubs/tscainventory/
index.html.
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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 a NOC
has not been submitted EPA concludes
that the designated significant new uses
are not ongoing.
When chemical substances identified
in this rule are added to the TSCA
Inventory, EPA recognizes that, before
the rule is effective, other persons might
engage in a use that has been identified
as a significant new use. However,
TSCA section 5(e) consent orders have
been issued for all the chemical
substances, and the PMN submitters are
prohibited by the TSCA section 5(e)
consent orders from undertaking
activities which will be designated as
significant new uses. The identities of
38 of the 145 chemical substances
subject to this rule have been claimed as
confidential and EPA has received one
post-PMN bona fide submission (per
§§ 720.25 and 721.11) for a chemical
substance covered by this action. Based
on this, the Agency believes that it is
highly unlikely that any of the
significant new uses described in the
regulatory text of this rule are ongoing.
EPA designated August 1, 2018 (the
date of public release 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
August 1, 2018, that person will have to
cease any such activity upon the
effective date of the final rule. To
resume their activities, these persons
will have to first comply with all
applicable SNUR notification
requirements and wait until EPA has
conducted a review of the notice, made
an appropriate determination on the
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notice, and has taken such actions as are
required with that determination.
VIII. Development and Submission of
Information
EPA recognizes that TSCA section 5
does not require developing any
particular new information (e.g.,
generating test data) before submission
of a SNUN. There is an exception: 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 40 CFR
720.50). However, upon review of PMNs
and SNUNs, the Agency has the
authority to require appropriate testing.
Unit IV. lists potentially useful
information for all SNURs listed here.
Descriptions of this information is
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).
In certain of the TSCA section 5(e)
Orders for the chemical substances
regulated under this rule, EPA has
established production volume limits in
view of the lack of data on the potential
health and environmental risks that may
be posed by the significant new uses or
increased exposure to the chemical
substances. These limits cannot be
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exceeded unless the PMN submitter first
submits the results of specified tests that
would permit a reasoned evaluation of
the potential risks posed by these
chemical substances. Under recent
TSCA section 5(e) Orders, each PMN
submitter is required to submit each
study at least 14 weeks (earlier TSCA
section 5(e) Orders required
submissions at least 12 weeks) before
reaching the specified production limit.
The SNURs contain the same
production volume limits as the TSCA
section 5(e) Orders. Exceeding these
production limits is defined as a
significant new use. Persons who intend
to exceed the production limit must
notify the Agency by submitting a
SNUN at least 90 days in advance of
commencement of non-exempt
commercial manufacture or processing.
Any request by EPA for the triggered
and pended testing described in the
Orders was made based on EPA’s
consideration of available screeninglevel data, if any, as well as other
available information on appropriate
testing for the PMN substances. Further,
any such testing request on the part of
EPA that includes testing on vertebrates
was made after consideration of
available toxicity information,
computational toxicology and
bioinformatics, and high-throughput
screening methods and their prediction
models.
The potentially useful information
identified in Unit IV. may not be the
only means of addressing the potential
risks of the chemical substance.
However, submitting a SNUN without
any test data or other information may
increase the likelihood that EPA will
take action under TSCA section 5(e) 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
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required to keep this information
confidential. EPA promulgated a
procedure to deal with the situation
where a specific significant new use is
CBI, at § 721.1725(b)(1).
Under these procedures a
manufacturer or processor may request
EPA to determine whether a proposed
use would be a significant new use
under the rule. The manufacturer or
processor must show that it has a bona
fide intent to manufacture or process the
chemical substance and must identify
the specific use for which it intends to
manufacture or process the chemical
substance. If EPA concludes that the
person has shown a bona fide intent to
manufacture or process the chemical
substance, EPA will tell the person
whether the use identified in the bona
fide submission would be a significant
new use under the rule. Since most of
the chemical identities of the chemical
substances subject to these SNURs are
also CBI, manufacturers and processors
can combine the bona fide submission
under the procedure in § 721.1725(b)(1)
with that under § 721.11 into a single
step.
If EPA determines that the use
identified in the bona fide submission
would not be a significant new use, i.e.,
the use does not meet the criteria
specified in the rule for a significant
new use, that person can manufacture or
process the chemical substance so long
as the significant new use trigger is not
met. In the case of a production volume
trigger, this means that the aggregate
annual production volume does not
exceed that identified in the bona fide
submission to EPA. Because of
confidentiality concerns, EPA does not
typically disclose the actual production
volume that constitutes the use trigger.
Thus, if the person later intends to
exceed that volume, a new bona fide
submission would be necessary to
determine whether that higher volume
would be a significant new use.
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X. SNUN Submissions
According to § 721.1(c), persons
submitting a SNUN must comply with
the same notification requirements and
EPA regulatory procedures as persons
submitting a PMN, including
submission of test data on health and
environmental effects as described in 40
CFR 720.50. SNUNs must be submitted
on EPA Form No. 7710–25, generated
using e-PMN software, and submitted to
the Agency in accordance with the
procedures set forth in 40 CFR 720.40
and 721.25. E–PMN software is
available electronically at https://
www.epa.gov/opptintr/newchems.
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XI. Economic Analysis
EPA has evaluated the potential costs
of establishing SNUN requirements for
potential manufacturers and processors
of the chemical substances subject to
this rule. EPA’s complete economic
analysis is available in the docket under
docket ID number EPA–HQ–OPPT–
2017–0366.
XII. Statutory and Executive Order
Reviews
A. Executive Order 12866
This action establishes SNURs for
several new chemical substances that
were the subject of PMNs and TSCA
section 5(e) consent orders. The Office
of Management and Budget (OMB) has
exempted these types of actions from
review under Executive Order 12866,
entitled ‘‘Regulatory Planning and
Review’’ (58 FR 51735, October 4, 1993).
B. Paperwork Reduction Act (PRA)
According to PRA (44 U.S.C. 3501 et
seq.), an agency may not conduct or
sponsor, and a person is not required to
respond to a collection of information
that requires OMB approval under PRA,
unless it has been approved by OMB
and displays a currently valid OMB
control number. The OMB control
numbers for EPA’s regulations in title 40
of the CFR, after appearing in the
Federal Register, are listed in 40 CFR
part 9, and included on the related
collection instrument or form, if
applicable. EPA is amending the table in
40 CFR part 9 to list the OMB approval
number for the information collection
requirements contained in this action.
This listing of the OMB control numbers
and their subsequent codification in the
CFR satisfies the display requirements
of PRA and OMB’s implementing
regulations at 5 CFR part 1320. This
Information Collection Request (ICR)
was previously subject to public notice
and comment prior to OMB approval,
and given the technical nature of the
table, EPA finds that further notice and
comment to amend it is unnecessary. As
a result, EPA finds that there is ‘‘good
cause’’ under section 553(b)(3)(B) of the
Administrative Procedure Act (5 U.S.C.
553(b)(3)(B)) to amend this table
without further notice and comment.
The information collection
requirements related to this action have
already been approved by OMB
pursuant to PRA under OMB control
number 2070–0012 (EPA ICR No. 574).
This action does not impose any burden
requiring additional OMB approval. If
an entity were to submit a SNUN to the
Agency, the annual burden is estimated
to average between 30 and 170 hours
per response. This burden estimate
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43287
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, Regulatory
Support Division, Office of Mission
Support (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
will 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, 14 in FY2017,
and 18 in FY2018 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)
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(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.
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.
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.).
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.
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
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20:51 Aug 19, 2019
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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).
List of Subjects
40 CFR Part 9
Environmental protection, Reporting
and recordkeeping requirements.
40 CFR Part 721
Environmental protection, Chemicals,
Hazardous substances, Reporting and
recordkeeping requirements.
Dated: July 18, 2019.
Tala Henry,
Deputy Director, Office of Pollution
Prevention and Toxics.
Therefore, 40 CFR parts 9 and 721 are
amended as follows:
6901–6992k, 7401–7671q, 7542, 9601–9657,
11023, 11048.
2. In § 9.1, add §§ 721.11024 through
721.11028 and 721.11031through
721.11058 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
*
721.11024
721.11025
721.11026
721.11027
721.11028
721.11031
721.11032
721.11033
721.11034
721.11035
721.11036
721.11037
721.11038
721.11039
721.11040
721.11041
721.11042
721.11043
721.11044
721.11045
721.11046
721.11047
721.11048
721.11049
721.11050
721.11051
721.11052
721.11053
721.11054
721.11055
721.11056
721.11057
721.11058
PART 9—[AMENDED]
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*
*
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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.,
PART 721—[AMENDED]
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2070–0012
2070–0012
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2070–0012
2070–0012
2070–0012
2070–0012
2070–0012
2070–0012
2070–0012
2070–0012
2070–0012
2070–0012
2070–0012
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2070–0012
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2070–0012
2070–0012
2070–0012
2070–0012
2070–0012
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2070–0012
*
■
*
*
*
*
3. The authority citation for part 721
continues to read as follows:
■
Authority: 15 U.S.C. 2604, 2607, and
2625(c).
4. Add § 721.11024 to subpart E to
read as follows:
■
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Federal Register / Vol. 84, No. 161 / Tuesday, August 20, 2019 / Rules and Regulations
§ 721.11024 Polyphosphoric acids, 2[alkyl-1-oxo-2-propen-1-yl)oxy]ethyl esters,
compds. with N-(aminoiminomethyl)urea
(generic).
jbell on DSK3GLQ082PROD with RULES2
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as polyphosphoric acids, 2[alkyl-1-oxo-2-propen-1-yl)oxy]ethyl
esters, compds. with N(aminoiminomethyl)urea (PMN P–14–
472) is subject to reporting under this
section for the significant new uses
described in paragraph (a)(2) of this
section.
(2) The significant new uses are:
(i) Protection in the workplace.
Requirements as specified in
§ 721.63(a)(1), (3), and (6) (particulate)
and (c).
(ii) Hazard communication.
Requirements as specified in § 721.72(a)
through (f), (g)(1)(i) and (ii),
(sensitization), (g)(2)(i) and (v), (g)(3)(i)
and (ii), (g)(4)(i), and (g)(5). Alternative
hazard and warning statements that
meet the criteria of the Globally
Harmonized System (GHS) and OSHA
Hazard Communication Standard may
be used.
(iii) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80(h), (q), and (y)(1).
It is a significant new use to have
manufacturing activities that result in
inhalation exposure.
(iv) Release to water. Requirements as
specified in § 721.90(a)(4), (b)(4), and
(c)(4) where N=3.
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph (b).
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (i) and (k) are
applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of
certain notification requirements. The
provisions of § 721.185 apply to this
section.
(3) Determining whether a specific use
is subject to this section. The provisions
of § 721.1725(b)(1) apply to paragraph
(a)(2)(iii) of this section.
■ 5. Add § 721.11025 to subpart E to
read as follows:
§ 721.11025 Polyphosphoric acids, 2-[(2methyl-1-oxo-2-propen-1-yl)oxy]ethyl
esters, compds. with alkyl amino, polymers
with Bu acrylate, N(hydroxymethyl)propenamide and styrene
(generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as polyphosphoric acids, 2-
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[(2-methyl-1-oxo-2-propen-1yl)oxy]ethyl esters, compds. with alkyl
amino, polymers with Bu acrylate, N(hydroxymethyl)propenamide and
styrene (PMN P–14–496) is subject to
reporting under this section for the
significant new uses described in
paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Protection in the workplace.
Requirements as specified in
§ 721.63(a)(1), (3), and (6) (particulate)
and (c).
(ii) Hazard communication.
Requirements as specified in § 721.72(a)
through (f), (g)(1)(i) and (ii),
(sensitization), (g)(2)(i) and (v), (g)(3)(i)
and (ii), (g)(4)(i), and (g)(5). Alternative
hazard and warning statements that
meet the criteria of the Globally
Harmonized System (GHS) and OSHA
Hazard Communication Standard may
be used.
(iii) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80(k), (q), and (y)(1).
It is a significant new use to have
manufacturing activities that result in
inhalation exposure.
(iv) Release to water. Requirements as
specified in § 721.90(a)(4), (b)(4), and
(c)(4) where N=4.
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph (b).
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (i) and (k) are
applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of
certain notification requirements. The
provisions of § 721.185 apply to this
section.
(3) Determining whether a specific use
is subject to this section. The provisions
of § 721.1725(b)(1) apply to paragraph
(a)(2)(iii) of this section.
■ 6. Add § 721.11026 to subpart E to
read as follows:
§ 721.11026
oxide.
Bismuth bromide iodide
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified as
bismuth bromide iodide oxide (PMN P–
14–630, CAS No. 340181–06–8) is
subject to reporting under this section
for the significant new uses described in
paragraph (a)(2) of this section. The
requirements of this section do not
apply to quantities of the substance after
they have been reacted (cured).
(2) The significant new uses are:
(i) Protection in the workplace.
Requirements as specified in
§ 721.63(a)(4), when determining which
PO 00000
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43289
persons are reasonably likely to be
exposed as required for § 721.63(a)(4),
engineering control measures (e.g.,
enclosure or confinement of the
operation, general and local ventilation)
or administrative control measures (e.g.,
workplace policies and procedures)
shall be considered and implemented to
prevent exposure, where feasible, (a)(5)
(respirators must provide a National
Institute for Occupational Safety and
Health (NIOSH) assigned protection
factor (APF) of at least 10), (a)(6)
(particulate), (a)(6)(v) and (vi), (b)
(concentration set at 1.0%), and (c).
(A) As an alternative to the respirator
requirements in paragraph (a)(2)(i) of
this section, a manufacturer or processor
may choose to follow the new chemical
exposure limit (NCEL) provision listed
in the TSCA section 5(e) Order for this
substance. The NCEL is 2.4 mg/m3 as an
8-hour time weighted average. Persons
who wish to pursue NCELs as an
alternative to § 721.63 respirator
requirements may request to do so
under § 721.30. Persons whose § 721.30
requests to use the NCELs approach are
approved by EPA will be required to
follow NCELs provisions comparable to
those contained in the corresponding
TSCA section 5(e) Order.
(B) [Reserved]
(ii) Hazard communication.
Requirements as specified in § 721.72(a)
through (e) (concentration set at 1.0%),
(f), (g)(1)(ii), (g)(2)(ii), (use respiratory
protection or maintain workplace
airborne concentrations at or below an
8-hour time-weighted average of 2.4 mg/
m3), and (g)(5). Alternative hazard and
warning statements that meet the
criteria of the Globally Harmonized
System (GHS) and OSHA Hazard
Communication Standard may be used.
(iii) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80(q). It is a
significant new use to vary or alter, the
manufacturing, processing, and use,
distribution/transportation, treatment
and disposal processes, process
equipment, engineering controls, and
handling practices (including worker
activities and cleaning procedures)
described in the PMN in such a way as
to change the magnitude of inhalation
exposure. It is a significant new use to
use the substance for a consumer
product that generates a dust, vapor,
mist, or aerosol.
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph (b).
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (d) and (f) through
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(i) are applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of
certain notification requirements. The
provisions of § 721.185 apply to this
section.
(3) Determining whether a specific use
is subject to this section. The provisions
of § 721.1725(b)(1) apply to paragraph
(a)(2)(iii) of this section.
■ 7. Add § 721.11027 to subpart E to
read as follows:
jbell on DSK3GLQ082PROD with RULES2
§ 721.11027 Aluminum cobalt lithium
nickel oxide.
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified as
aluminum cobalt lithium nickel oxide
(PMN P–15–450, CAS No. 177997–13–6)
is subject to reporting under this section
for the significant new uses described in
paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Protection in the workplace.
Requirements as specified in
§ 721.63(a)(1), (3), and (4), when
determining which persons are
reasonably likely to be exposed as
required for § 721.63(a)(1) and (4),
engineering control measures (e.g.,
enclosure or confinement of the
operation, general and local ventilation)
or administrative control measures (e.g.,
workplace policies and procedures)
shall be considered and implemented to
prevent exposure, where feasible, (a)(5)
(respirators must provide a National
Institute for Occupational Safety and
Health (NIOSH) assigned protection
factor (APF) of at least 1,000), (a)(6)
(particulate), (a)(6)(v) and (vi), (b)
(concentration set at 0.1%), and (c). It is
a significant new use to manufacture or
process the substance without the
chemical transfer processes and air
ventilation processes described in the
PMN and the exposure monitoring
requirements described in the
corresponding TSCA section 5(e) Order.
(A) As an alternative to the respirator
requirements in paragraph (a)(2)(i) of
this section, a manufacturer or processor
may choose to follow the new chemical
exposure limit (NCEL) provision listed
in the TSCA section 5(e) Order for this
substance. The NCEL is 0.000092 mg/m3
as an 8-hour time weighted average.
Persons who wish to pursue NCELs as
an alternative to § 721.63 respirator
requirements may request to do so
under § 721.30. Persons whose § 721.30
requests to use the NCELs approach are
approved by EPA will be required to
follow NCELs provisions comparable to
those contained in the corresponding
TSCA section 5(e) Order.
(B) [Reserved]
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(ii) Hazard communication.
Requirements as specified in § 721.72(a)
through (e) (concentration set 0.1%), (f),
(g)(1)(ii), (this substance may cause
damage to the lung, kidney, and spleen),
(g)(1)(vii), (g)(2)(i), (ii), and (iii), (when
using this substance wear protective
gloves/protective clothing/eye
protection/face protection), the
following human health precautionary
statement must appear on the SDS as
specified in § 721.72(c): (When using
this substance use respiratory protection
or maintain workplace airborne
concentrations at or below an 8-hour
time-weighted average of 0.000092 mg/
m3), (g)(2)(v), and (g)(5). Alternative
hazard and warning statements that
meet the criteria of the Globally
Harmonized System (GHS) and OSHA
Hazard Communication Standard may
be used.
(iii) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80. It is a significant
new use to manufacture the substance
for a period longer than 24 months.
(iv) Disposal. Requirements as
specified in § 721.85(a)(2), (b)(2), and
(c)(2). It is a significant new use to
release this chemical substance to air
unless using the chemical transfer and
air ventilation processes described in P–
15–0450 including filtering through a
high-efficiency particulate air filter with
an efficiency rate of 99.99% before
release to air.
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph (b).
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (j) are applicable to
manufacturers and processors of this
substance.
(2) Limitations or revocation of
certain notification requirements. The
provisions of § 721.185 apply to this
section.
(3) Determining whether a specific use
is subject to this section. The provisions
of § 721.1725(b)(1) apply to paragraph
(a)(2)(iii) of this section.
■ 8. Add § 721.11028 to subpart E to
read as follows:
§ 721.11028
Alkylarylamine (generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as alkylarylamine (PMN P–
15–705) is subject to reporting under
this section for the significant new uses
described in paragraph (a)(2) of this
section.
(2) The significant new uses are:
(i) Protection in the workplace.
Requirements as specified in
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Fmt 4701
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§ 721.63(a)(1), (a)(2)(i), (ii), and (iii),
(a)(3) and (4), when determining which
persons are reasonably likely to be
exposed as required for § 721.63(a)(1)
and (4), engineering control measures
(e.g., enclosure or confinement of the
operation, general and local ventilation)
or administrative control measures (e.g.,
workplace policies and procedures)
shall be considered and implemented to
prevent exposure, where feasible, (a)(5)
(respirators must provide a National
Institute for Occupational Safety and
Health (NIOSH) assigned protection
factor (APF) of at least 1,000), (a)(6)
(particulate), (a)(6)(v), (vi), (v), and (vi),
(b)(concentration set at 0.1%), and (c).
(A) As an alternative to the respirator
requirements in paragraph (a)(2)(i) of
this section, a manufacturer or processor
may choose to follow the new chemical
exposure limit (NCEL) provision listed
in the TSCA section 5(e) Order for this
substance. The NCEL is 0.48 mg/m3 as
an 8-hour time weighted average.
Persons who wish to pursue NCELs as
an alternative to § 721.63 respirator
requirements may request to do so
under § 721.30. Persons whose § 721.30
requests to use the NCELs approach are
approved by EPA will be required to
follow NCELs provisions comparable to
those contained in the corresponding
TSCA section 5(e) Order.
(B) [Reserved]
(ii) Hazard communication.
Requirements as specified in § 721.72(a)
through (e) (concentration set at 0.1%),
(f), (g)(1)(i), (ii), (iv), (vi), (vii), and (ix),
(g)(2)(i), (ii), and (iii), (use respiratory
protection or maintain workplace
airborne concentrations at or below an
8-hour time-weighted average of 0.48
mg/m3), (g)(2)(v), (g)(3)(ii), (g)(4)(i), and
(g)(5). Alternative hazard and warning
statements that meet the criteria of the
Globally Harmonized System (GHS) and
OSHA Hazard Communication Standard
may be used.
(iii) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80(o) and (q). It is a
significant new use to use the substance
other than as a chemical intermediate or
as an additive and octane booster in
aviation fuels.
(iv) Release to water. Requirements as
specified in § 721.90(a)(4), (b)(4), and
(c)(4) where N=1.
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph (b).
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (i) and (k) are
applicable to manufacturers and
processors of this substance.
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(2) Limitations or revocation of
certain notification requirements. The
provisions of § 721.185 apply to this
section.
(3) Determining whether a specific use
is subject to this section. The provisions
of § 721.1725(b)(1) apply to paragraph
(a)(2)(iii) of this section.
■ 9. Add § 721.11029 to subpart E to
read as follows:
jbell on DSK3GLQ082PROD with RULES2
§ 721.11029 Aliphatic N-alkyl urea polymer
containing cyclohexyl groups and
trimethoxy silanes (generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as aliphatic N-alkyl urea
polymer containing cyclohexyl groups
and trimethoxy silanes (PMN P–15–706)
is subject to reporting under this section
for the significant new uses described in
paragraph (a)(2) of this section. The
requirements of this section do not
apply to quantities of the substance after
they have been reacted (cured).
(2) The significant new uses are:
(i) Protection in the workplace.
Requirements as specified in
§ 721.63(a)(1), (a)(2)(i), (iii), and (iv),
(a)(3) and (4), when determining which
persons are reasonably likely to be
exposed as required for § 721.63(a)(1)
and (4), engineering control measures
(e.g., enclosure or confinement of the
operation, general and local ventilation)
or administrative control measures (e.g.,
workplace policies and procedures)
shall be considered and implemented to
prevent exposure, where feasible,
(a)(5)(respirators must provide a
National Institute for Occupational
Safety and Health (NIOSH) assigned
protection factor (APF) of at least 10),
(a)(6) (particulate), (a)(6)(v) and (vi), (b)
(concentration set at 1.0%), and (c).
(A) As an alternative to the respirator
requirements in paragraph (a)(2)(i) of
this section, a manufacturer or processor
may choose to follow the new chemical
exposure limit (NCEL) provision listed
in the TSCA section 5(e) Order for this
substance. The NCEL is 0.9 mg/m3 as an
8-hour time weighted average. Persons
who wish to pursue NCELs as an
alternative to § 721.63 respirator
requirements may request to do so
under § 721.30. Persons whose § 721.30
requests to use the NCELs approach are
approved by EPA will be required to
follow NCELs provisions comparable to
those contained in the corresponding
TSCA section 5(e) Order.
(B) [Reserved]
(ii) Hazard communication.
Requirements as specified in § 721.72(a)
through (e) (concentration set at 1.0%),
(f), (g)(1)(ii) and (ix), (g)(2)(i), (ii), and
(iii), (use respiratory protection or
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maintain workplace airborne
concentrations at or below an 8-hour
time-weighted average of 0.9 mg/m3),
(g)(2)(v), and (g)(5). Alternative hazard
and warning statements that meet the
criteria of the Globally Harmonized
System (GHS) and OSHA Hazard
Communication Standard may be used.
(iii) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80(k), (o), (p) (594,000
kilograms, P–15–706 and P–15–707
combined), and (t) (250,000 kilograms,
P–15–706 and P–15–707 combined). A
significant new use is any manufacture,
processing, or use of the PMN substance
with more than 0.1% residual
isocyanate by weight.
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph (b).
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (i) are applicable to
manufacturers and processors of this
substance.
(2) Limitations or revocation of
certain notification requirements. The
provisions of § 721.185 apply to this
section.
(3) Determining whether a specific use
is subject to this section. The provisions
of § 721.1725(b)(1) apply to paragraph
(a)(2)(iii) of this section.
■ 10. Add § 721.11030 to subpart E to
read as follows:
§ 721.11030 Aliphatic N-alkyl urea polymer
containing aspartic ester groups and
trimethoxy silanes (generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as aliphatic N-alkyl urea
polymer containing aspartic ester
groups and trimethoxy silanes (PMN P–
15–707) is subject to reporting under
this section for the significant new uses
described in paragraph (a)(2) of this
section. The requirements of this section
do not apply to quantities of the
substance after they have been reacted
(cured).
(2) The significant new uses are:
(i) Protection in the workplace.
Requirements as specified in
§ 721.63(a)(1), (a)(2)(i), (iii), and (iv),
(a)(3) and (4), when determining which
persons are reasonably likely to be
exposed as required for § 721.63(a)(1)
and (4), engineering control measures
(e.g., enclosure or confinement of the
operation, general and local ventilation)
or administrative control measures (e.g.,
workplace policies and procedures)
shall be considered and implemented to
prevent exposure, where feasible, (a)(5)
(respirators must provide a National
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Institute for Occupational Safety and
Health (NIOSH) assigned protection
factor (APF) of at least 10), (a)(6)(i), (v),
and (vi), (b) (concentration set at 1.0%),
and (c).
(A) As an alternative to the respirator
requirements in paragraph (a)(2)(i) of
this section, a manufacturer or processor
may choose to follow the new chemical
exposure limit (NCEL) provision listed
in the TSCA section 5(e) Order for this
substance. The NCEL is 0.9 mg/m3 as an
8-hour time weighted average. Persons
who wish to pursue NCELs as an
alternative to § 721.63 respirator
requirements may request to do so
under § 721.30. Persons whose § 721.30
requests to use the NCELs approach are
approved by EPA will be required to
follow NCELs provisions comparable to
those contained in the corresponding
TSCA section 5(e) Order.
(B) [Reserved]
(ii) Hazard communication.
Requirements as specified in § 721.72(a)
through (e) (concentration set at 1.0%),
(f), (g)(1)(ii) and (ix), (g)(2)(i), (ii), and
(iii), (use respiratory protection or
maintain workplace airborne
concentrations at or below an 8-hour
time-weighted average of 0.9 mg/m3),
(g)(2)(v), and (g)(5). Alternative hazard
and warning statements that meet the
criteria of the Globally Harmonized
System (GHS) and OSHA Hazard
Communication Standard may be used.
(iii) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80(k), (o), (p) (594,000
kilograms, P–15–706 and P–15–707
combined), and (t)(250,000 kilograms,
P–15–706 and P–15–707 combined). A
significant new use is any manufacture,
processing, or use of the PMN substance
with more than 1% residual isocyanate
by weight.
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph (b).
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (i) are applicable to
manufacturers and processors of this
substance.
(2) Limitations or revocation of
certain notification requirements. The
provisions of § 721.185 apply to this
section.
(3) Determining whether a specific use
is subject to this section. The provisions
of § 721.1725(b)(1) apply to paragraph
(a)(2)(iii) of this section.
11. Add § 721.11031 to subpart E to
read as follows:
■
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§ 721.11031 Alkyl heteromonocycle,
polymer with heteromonocycle,
carboxyalkyl alkyl ether (generic).
(a) Chemical substances and
significant new uses subject to reporting.
(1) The chemical substances identified
generically as alkyl heteromonocycle,
polymer with heteromonocycle,
carboxyalkyl alkyl ether (PMNs P–16–
273 and P–16–0274) are subject to
reporting under this section for the
significant new uses described in
paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Protection in the workplace.
Requirements as specified in
§ 721.63(a)(1), (a)(2)(i) and (iii), (a)(3),
(b) (concentration set at 1.0%), and (c).
When determining which persons are
reasonably likely to be exposed as
required for § 721.63(a)(1), engineering
control measures (e.g., enclosure or
confinement of the operation, general
and local ventilation) or administrative
control measures (e.g., workplace
policies and procedures) shall be
considered and implemented to prevent
exposure, where feasible.
(ii) Hazard communication.
Requirements as specified in § 721.72(a)
through (e) (concentration set at 1.0%),
(f), (g)(1)(i) and (ii), (dermal
sensitization), (g)(2)(i), (ii), (iii), and (v),
(g)(3)(i) and (ii), (g)(4)(iii), and (g)(5).
Alternative hazard and warning
statements that meet the criteria of the
Globally Harmonized System (GHS) and
OSHA Hazard Communication Standard
may be used.
(iii) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80(f). It is a significant
new use to use the substances for the
uses specified in the TSCA 5(e) Order,
at a concentration greater than 3% of the
metal working fluid and use other than
the closed metal working systems as
specified in the PMNs with no
modifications in the process that would
result in worker inhalation exposure.
(iv) Release to water. Requirements as
specified in § 721.90(a)(4), (b)(4), and
(c)(4) where N=10.
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph (b).
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (i) and (k) are
applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of
certain notification requirements. The
provisions of § 721.185 apply to this
section.
(3) Determining whether a specific use
is subject to this section. The provisions
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of § 721.1725(b)(1) apply to paragraph
(a)(2)(iii) of this section.
■ 12. Add § 721.11032 to subpart E to
read as follows:
§ 721.11032 Benzene dicarboxylic acid,
polymer with alkane dioic acid and aliphatic
diamine (generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified as
generically as benzene dicarboxylic
acid, polymer with alkane dioic acid
and aliphatic diamine (PMN P–16–289)
is subject to reporting under this section
for the significant new uses described in
paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80(k) (manufacture
only in a form with a particle size
distribution where less than 1.0 percent
of the particles are less than 10
microns). It is a significant new use to
manufacture the substance for a period
longer than six months.
(ii) [Reserved]
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph (b).
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (c) and (i) are
applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of
certain notification requirements. The
provisions of § 721.185 apply to this
section.
■ 13. Add § 721.11033 to subpart E to
read as follows:
§ 721.11033 Manganese cyclic (tri)amine
chloride complex (generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as manganese cyclic
(tri)amine chloride complex (PMN P–
16–322) is subject to reporting under
this section for the significant new uses
described in paragraph (a)(2) of this
section. The requirements of this section
do not apply to quantities of the
substance after they have been reacted
(cured).
(2) The significant new uses are:
(i) Protection in the workplace.
Requirements as specified in
§ 721.63(a)(1), (3), and (4), when
determining which persons are
reasonably likely to be exposed as
required for § 721.63(a)(1) and (4),
engineering control measures (e.g.,
enclosure or confinement of the
operation, general and local ventilation)
or administrative control measures (e.g.,
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workplace policies and procedures)
shall be considered and implemented to
prevent exposure, where feasible,
(a)(5)(respirators must provide a
National Institute for Occupational
Safety and Health (NIOSH) assigned
protection factor (APF) of at least 25),
(a)(6) (particulate), (a)(6)(v) and (vi), (b)
(concentration set at 1.0%), and (c).
(A) As an alternative to the respirator
requirements in paragraph (a)(2)(i) of
this section, a manufacturer or processor
may choose to follow the new chemical
exposure limit (NCEL) provision listed
in the TSCA section 5(e) Order for this
substance. The NCEL is 1.2 mg/m3 as an
8-hour time weighted average. Persons
who wish to pursue NCELs as an
alternative to § 721.63 respirator
requirements may request to do so
under § 721.30. Persons whose § 721.30
requests to use the NCELs approach are
approved by EPA will be required to
follow NCELs provisions comparable to
those contained in the corresponding
TSCA section 5(e) Order.
(B) [Reserved]
(ii) Hazard communication.
Requirements as specified in § 721.72(a)
through (e) (concentration set at 1.0%),
(f), (g)(1)(iv), (vi), (viii), and (ix),
(g)(2)(i), (ii), and (iii), (use respiratory
protection or maintain workplace
airborne concentrations at or below an
8-hour time-weighted average of 1.2 mg/
m3), (g)(2)(v), (g)(3) (this substance may
be toxic to algae. This substance may be
harmful to invertebrates), (g)(4)(i) and
(ii), (do not release to water to yield
surface water concentrations above 18
ppb.), and (g)(5). Alternative hazard and
warning statements that meet the
criteria of the Globally Harmonized
System (GHS) and OSHA Hazard
Communication Standard may be used.
(iii) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80(f), (k), and (q).
(iv) Release to water. Requirements as
specified in § 721.90(a)(4), (b)(4), and
(c)(4) where N=18.
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph (b).
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (i) and (k) are
applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of
certain notification requirements. The
provisions of § 721.185 apply to this
section.
(3) Determining whether a specific use
is subject to this section. The provisions
of § 721.1725(b)(1) apply to paragraph
(a)(2)(iii) of this section.
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14. Add § 721.11034 to subpart E to
read as follows:
■
§ 721.11034 Xanthylium, (sulfoaryl)—bis
[(substituted aryl) amino]-, sulfo derivs.,
inner salts, metal salts (generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as xanthylium, (sulfoaryl)—
bis [(substituted aryl) amino]-, sulfo
derivs., inner salts, metal salts (PMN P–
16–338) is subject to reporting under
this section for the significant new uses
described in paragraph (a)(2) of this
section.
(2) The significant new uses are:
(i) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80(f), (k), and (t).
(ii) Release to water. Requirements as
specified in § 721.90(a)(1), (b)(1), and
(c)(1).
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph (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.
■ 15. Add § 721.11035 to subpart E to
read as follows:
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§ 721.11035 Substituted triazinyl metal
salt, diazotized, coupled with substituted
pyridobenzimidazolesulfonic acids,
substituted pyridobenzimidazolesulfonic
acids, diazotized substituted alkanesulfonic
acid, diazotized substituted aromatic
sulfonate, diazotized substituted aromatic
sulfonate, metal salts (generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as substituted triazinyl metal
salt, diazotized, coupled with
substituted
pyridobenzimidazolesulfonic acids,
substituted
pyridobenzimidazolesulfonic acids,
diazotized substituted alkanesulfonic
acid, diazotized substituted aromatic
sulfonate, diazotized substituted
aromatic sulfonate, metal salts (PMN P–
16–339) is subject to reporting under
this section for the significant new uses
described in paragraph (a)(2) of this
section.
(2) The significant new uses are:
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(i) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80(f), (k), and (t).
(ii) Release to water. Requirements as
specified in § 721.90(a)(1), (b)(1), and
(c)(1).
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph (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.
■ 16. Add § 721.11036 to subpart E to
read as follows:
§ 721.11036 Carbon black, (organic acidic
carbocyclic)-modified, inorganic salt
(generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as carbon black, (organic
acidic carbocyclic)-modified, inorganic
salt (PMN P–16–439) is subject to
reporting under this section for the
significant new uses described in
paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80(f), (k), and (t).
(ii) Release to water. Requirements as
specified in § 721.90(a)(1), (b)(1), and
(c)(1).
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph (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.
■ 17. Add § 721.11037 to subpart E to
read as follows:
§ 721.11037 Carbon black, (organic acidic
carbocyclic)-modified, metal salt (generic).
(a) Chemical substance and
significant new uses subject to reporting.
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(1) The chemical substance identified
generically as carbon black, (organic
acidic carbocyclic)-modified, metal salt
(PMN P–16–440) is subject to reporting
under this section for the significant
new uses described in paragraph (a)(2)
of this section.
(2) The significant new uses are:
(i) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80(f), (k), and (t).
(ii) Release to water. Requirements as
specified in § 721.90(a)(1), (b)(1), and
(c)(1).
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph (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.
■ 18. Add § 721.11038 to subpart E to
read as follows:
§ 721.11038 Polyaralkyl aryl ester of
methacrylic acid (generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified as
generically as polyaralkyl aryl ester of
methacrylic acid (PMN P–16–350) is
subject to reporting under this section
for the significant new uses described in
paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Protection in the workplace.
Requirements as specified in
§ 721.63(a)(1), (a)(2)(i), (a)(3), when
determining which persons are
reasonably likely to be exposed as
required for § 721.63(a)(1), engineering
control measures (e.g., enclosure or
confinement of the operation, general
and local ventilation) or administrative
control measures (e.g., workplace
policies and procedures) shall be
considered and implemented to prevent
exposure, where feasible, and (c).
(ii) Hazard communication.
Requirements as specified in § 721.72(a)
through (d), (f), (g)(1)(i) and (ii),
(sensitization), (mutagenicity), (g)(2)(i),
(ii), (iii), and (v), and (g)(5). Alternative
hazard and warning statements that
meet the criteria of the Globally
Harmonized System (GHS) and OSHA
Hazard Communication Standard may
be used.
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(iii) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80(k). It is a
significant new use to manufacture the
substance lower than the minimum
average molecular weight identified in
the corresponding TSCA section 5(e)
Order and to contain more than the
maximum weight percent of low
molecular weight species below 1,000
daltons identified in the Order.
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph (b).
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (i) are applicable to
manufacturers and processors of this
substance.
(2) Limitations or revocation of
certain notification requirements. The
provisions of § 721.185 apply to this
section.
(3) Determining whether a specific use
is subject to this section. The provisions
of § 721.1725(b)(1) apply to paragraph
(a)(2)(iii) of this section.
■ 19. Add § 721.11039 to subpart E to
read as follows:
jbell on DSK3GLQ082PROD with RULES2
§ 721.11039 Phenol, 2-[[[3(octyloxy)propyl]imino]methyl]-.
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified as
phenol, 2-[[[3(octyloxy)propyl]imino]methyl]- (PMN
P–16–352, chemical A; CAS No.
1858221–49–4) is subject to reporting
under this section for the significant
new uses described in paragraph (a)(2)
of this section.
(2) The significant new uses are:
(i) Protection in the workplace.
Requirements as specified in
§ 721.63(a)(1), (a)(2)(i), (a)(3), (a)(6)
(particulate), (a)(6)(v) and (vi), (b)
(concentration set at 1.0%), and (c).
When determining which persons are
reasonably likely to be exposed as
required for § 721.63(a)(1), engineering
control measures (e.g., enclosure or
confinement of the operation, general
and local ventilation) or administrative
control measures (e.g., workplace
policies and procedures) shall be
considered and implemented to prevent
exposure, where feasible.
(ii) Hazard communication.
Requirements as specified in § 721.72(a)
through (e) (concentration set at 1.0%),
(f), (g)(1)(i), (iv), (vi), and (ix), (g)(2)(i)
and (v), (g)(3)(i) and (ii), and (g)(5).
Alternative hazard and warning
statements that meet the criteria of the
Globally Harmonized System (GHS) and
OSHA Hazard Communication Standard
may be used.
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(iii) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80(f), (p)(10,500 and
13,000 kilograms, respectively, for the
total of this substance and the substance
subject to § 721.11040), (t)(250
kilograms for the total of this substance
and the substance subject to
§ 721.11040), and (y)(1).
(iv) Release to water. Requirements as
specified in § 721.90(a)(4), (b)(4), and
(c)(4) where N=1.
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph (b).
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (i) and (k) are
applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of
certain notification requirements. The
provisions of § 721.185 apply to this
section.
■ 20. Add § 721.11040 to subpart E to
read as follows:
§ 721.11040 Phenol, 2-[[[3(decyloxy)propyl]imino]methyl]-.
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified as
phenol, 2-[[[3(decyloxy)propyl]imino]methyl]- (PMN
P–16–352, chemical B; CAS No.
1858221–50–7) is subject to reporting
under this section for the significant
new uses described in paragraph (a)(2)
of this section.
(2) The significant new uses are:
(i) Protection in the workplace.
Requirements as specified in
§ 721.63(a)(1), (a)(2)(i), (a)(3), (a)(6)
(particulate), (a)(6)(v) and (vi), (b)
(concentration set at 1.0%), and (c).
When determining which persons are
reasonably likely to be exposed as
required for § 721.63(a)(1), engineering
control measures (e.g., enclosure or
confinement of the operation, general
and local ventilation) or administrative
control measures (e.g., workplace
policies and procedures) shall be
considered and implemented to prevent
exposure, where feasible.
(ii) Hazard communication.
Requirements as specified in § 721.72(a)
through (e) (concentration set at 1.0%),
(f), (g)(1)(i), (iv), (vi), and (ix), (g)(2)(i)
and (v), (g)(3)(i) and (ii), and (g)(5).
Alternative hazard and warning
statements that meet the criteria of the
Globally Harmonized System (GHS) and
OSHA Hazard Communication Standard
may be used.
(iii) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80(f), (p) (10,500 and
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13,000 kilograms respectively for the
total of this substance and the substance
subject to § 721.11039), (t) (250
kilograms for the total of this substance
and the substance subject to
§ 721.11039), and (y)(1).
(iv) Release to water. Requirements as
specified in § 721.90(a)(4), (b)(4), and
(c)(4) where N=1.
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph (b).
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (i) and (k) are
applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of
certain notification requirements. The
provisions of § 721.185 apply to this
section.
■ 21. Add § 721.11041 to subpart E to
read as follows:
§ 721.11041
Alkyl phenol (generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as alkyl phenol (PMN P–16–
358) is subject to reporting under this
section for the significant new uses
described in paragraph (a)(2) of this
section.
(2) The significant new uses are:
(i) Protection in the workplace.
Requirements as specified in
§ 721.63(a)(1), (a)(2)(i), (iii), and (iv),
(a)(3), when determining which persons
are reasonably likely to be exposed as
required for § 721.63(a)(1), engineering
control measures (e.g., enclosure or
confinement of the operation, general
and local ventilation) or administrative
control measures (e.g., workplace
policies and procedures) shall be
considered and implemented to prevent
exposure, where feasible,
(b)(concentration set at 1.0%), and (c).
(ii) Hazard communication.
Requirements as specified in § 721.72(a)
through (e) (concentration set at 1.0%),
(f), (g)(1)(ix), (g)(2)(i), (ii), (iii), and (v),
(g)(4)(iii), and (g)(5). Alternative hazard
and warning statements that meet the
criteria of the Globally Harmonized
System (GHS) and OSHA Hazard
Communication Standard may be used.
(iii) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80(a) through (c), (g),
(q), and (y)(1) and (2).
(iv) Release to water. Requirements as
specified in § 721.90(a)(1), (b)(1), and
(c)(1).
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph (b).
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(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (i) and (k) are
applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of
certain notification requirements. The
provisions of § 721.185 apply to this
section.
(3) Determining whether a specific use
is subject to this section. The provisions
of § 721.1725(b)(1) apply to paragraph
(a)(2)(iii) of this section.
■ 22. Add § 721.11042 to subpart E to
read as follows:
§ 721.11042 Nitrile-butadiene-acrylate
terpolymers (generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as nitrile-butadiene-acrylate
terpolymers PMN P–16–364) is subject
to reporting under this section for the
significant new uses described in
paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Hazard communication.
Requirements as specified in § 721.72(a)
through (e)(concentration set at 1.0%),
(f), (g)(1)(ii), (g)(2)(ii), and (g)(5).
Alternative hazard and warning
statements that meet the criteria of the
Globally Harmonized System (GHS) and
OSHA Hazard Communication Standard
may be used.
(ii) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80(h), (k)
(manufacture of the substance with a
particle size distribution where greater
than 5.0 percent of the particles are less
than 10 microns).
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph (b).
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (c) and (f) through
(i) are applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of
certain notification requirements. The
provisions of § 721.185 apply to this
section.
■ 23. Add § 721.11043 to subpart E to
read as follows:
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§ 721.11043 Starch, polymer with 2propenoic acid, potassium salt, oxidized.
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified as
starch, polymer with 2-propenoic acid,
potassium salt, oxidized (PMN P–16–
399, CAS No. 1638117–09–5) is subject
to reporting under this section for the
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significant new uses described in
paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Protection in the workplace.
Requirements as specified in
§ 721.63(a)(1), (a)(6) (particulate),
(a)(6)(v) and (vi), when determining
which persons are reasonably likely to
be exposed as required for
§ 721.63(a)(1), engineering control
measures (e.g., enclosure or
confinement of the operation, general
and local ventilation) or administrative
control measures (e.g., workplace
policies and procedures) shall be
considered and implemented to prevent
exposure, where feasible,
(b)(concentration set at 1.0%), and (c).
(ii) Hazard communication.
Requirements as specified in § 721.72(a)
through (d), (e)(concentration set 1.0%),
(f), (g)(1)(ii), (g)(2)(ii), and (g)(5).
Alternative hazard and warning
statements that meet the criteria of the
Globally Harmonized System (GHS) and
OSHA Hazard Communication Standard
may be used.
(iii) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80(k) (manufacture of
the substance with a particulate size less
than 30 microns). It is a significant new
use to manufacture the substance for a
period longer than 12 months.
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph (b).
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (d) and (f) through
(i) are applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of
certain notification requirements. The
provisions of § 721.185 apply to this
section.
■ 24. Add § 721.11044 to subpart E to
read as follows:
or administrative control measures (e.g.,
workplace policies and procedures)
shall be considered and implemented to
prevent exposure, where feasible,
(a)(5)(respirators must provide a
National Institute for Occupational
Safety and Health (NIOSH) assigned
protection factor (APF) of at least 10),
(a)(6) (particulate), (a)(6)(v) and (vi), (b)
(concentration set at 1.0%), and (c).
(ii) Hazard communication.
Requirements as specified in § 721.72(a)
through (e) (concentration set at 1.0%),
(f), (g)(1)(i), (ii), and (vi), (g)(2)(i), (ii),
(iii), (iv), and (v), (g)(3)(i) and (ii),
(g)(4)(i), and (g)(5). Alternative hazard
and warning statements that meet the
criteria of the Globally Harmonized
System (GHS) and OSHA Hazard
Communication Standard may be used.
(iii) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80(f) and (k)(import of
the substance at or below the maximum
concentration specified in the
corresponding TSCA section 5(e)
Order).
(iv) Release to water. Requirements as
specified in § 721.90(a)(4), (b)(4), and
(c)(4) where N=14.
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph (b).
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (i), and (k) are
applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of
certain notification requirements. The
provisions of § 721.185 apply to this
section.
(3) Determining whether a specific use
is subject to this section. The provisions
of § 721.1725(b)(1) apply to paragraph
(a)(2)(iii) of this section.
■ 25. Add § 721.11045 to subpart E to
read as follows:
§ 721.11044
§ 721.11045 2-Pentanol, 4-methyl-, reaction
products with phosphorus oxide (P2O5),
compounds with alkylamine (generic).
Pentanedioic acid, 2-methyl-.
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified as
pentanedioic acid, 2-methyl- (PMN P–
16–430, CAS No. 617–62–9) is subject to
reporting under this section for the
significant new uses described in
paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Protection in the workplace.
Requirements as specified in § 721.63
(a)(1), (a)(2)(i), (a)(3) and (4), when
determining which persons are
reasonably likely to be exposed as
required for § 721.63(a)(1) and (4),
engineering control measures (e.g.,
enclosure or confinement of the
operation, general and local ventilation)
PO 00000
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(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified as
generically as 2-pentanol, 4-methyl-,
reaction products with phosphorus
oxide (P2O5), compounds with
alkylamine (PMN P–16–495) is subject
to reporting under this section for the
significant new uses described in
paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Protection in the workplace.
Requirements as specified in
§ 721.63(a)(1) and (3), when determining
which persons are reasonably likely to
be exposed as required for
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§ 721.63(a)(1), engineering control
measures (e.g., enclosure or
confinement of the operation, general
and local ventilation) or administrative
control measures (e.g., workplace
policies and procedures) shall be
considered and implemented to prevent
exposure, where feasible, (a)(6)
(particulate), (b) (concentration set at
1.0%), and (c).
(ii) Hazard communication.
Requirements as specified in § 721.72(a)
through (e) (concentration set at 1.0%),
(f), (g)(1)(i), (ii), and (iv), (g)(2)(i), (ii),
and (v), (g)(3)(i) and (ii), (g)(4)(i), and
(g)(5). Alternative hazard and warning
statements that meet the criteria of the
Globally Harmonized System (GHS) and
OSHA Hazard Communication Standard
may be used.
(iii) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80(k), (q), and (y)(1).
A significant new use is any manner or
method of manufacturing that results in
inhalation exposure.
(iv) Release to water. Requirements as
specified in § 721.90(a)(4), (b)(4), and
(c)(4) where N=200.
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph (b).
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (i) and (k) are
applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of
certain notification requirements. The
provisions of § 721.185 apply to this
section.
(3) Determining whether a specific use
is subject to this section. The provisions
of § 721.1725(b)(1) apply to paragraph
(a)(2)(iii) of this section.
■ 26. Add § 721.11046 to subpart E to
read as follows:
jbell on DSK3GLQ082PROD with RULES2
§ 721.11046
(generic).
Hydroxy alkylbiphenyl
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as hydroxy alkylbiphenyl
(PMN P–16–513) is subject to reporting
under this section for the significant
new uses described in paragraph (a)(2)
of this section.
(2) The significant new uses are:
(i) Protection in the workplace.
Requirements as specified in
§ 721.63(a)(1), (3), and (4), when
determining which persons are
reasonably likely to be exposed as
required for § 721.63(a)(1) and (4),
engineering control measures (e.g.,
enclosure or confinement of the
operation, general and local ventilation)
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Jkt 247001
or administrative control measures (e.g.,
workplace policies and procedures)
shall be considered and implemented to
prevent exposure, where feasible, (a)(5)
(respirators must provide a National
Institute for Occupational Safety and
Health (NIOSH) assigned protection
factor (APF) of at least 50), (a)(6)
(particulate), (a)(6)(v) and (vi), (b)
(concentration set at 1.0%), and (c).
(ii) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80(g) and (q).
(iii) Release to water. Requirements as
specified in § 721.90(a)(4), (b)(4), and
(c)(4) where N=17.
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph (b).
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (e), (i), and (k) are
applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of
certain notification requirements. The
provisions of § 721.185 apply to this
section.
(3) Determining whether a specific use
is subject to this section. The provisions
of § 721.1725(b)(1) apply to paragraph
(a)(2)(ii) of this section.
■ 27. Add § 721.11047 to subpart E to
read as follows:
§ 721.11047 Alkyl alkenoic acid, polymer
with alkenylcarbomonocycle telomer with
substituted alkanoic acid hydroxyl alkyl
substituted alkenyl substituted alkyl ester,
polyalkylene glycol alkyl ether alkyl
alkenoate, dialkylene glycol
diheteromonocyclic ether and
alkylcarbomonocyclic alkenoate, metal salt
(generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as alkyl alkenoic acid,
polymer with alkenylcarbomonocycle
telomer with substituted alkanoic acid
hydroxyl alkyl substituted alkenyl
substituted alkyl ester, polyalkylene
glycol alkyl ether alkyl alkenoate,
dialkylene glycol diheteromonocyclic
ether and alkylcarbomonocyclic
alkenoate, metal salt (PMN P–16–534) is
subject to reporting under this section
for the significant new uses described in
paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80(f) and (k). It is a
significant new use to manufacture the
substance such that the lowest number
average molecular weight is less than
1,800 daltons and the carboxylic acid
content exceeds 20 percent.
PO 00000
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Fmt 4701
Sfmt 4700
(ii) [Reserved]
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph (b).
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (c) and (i) are
applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of
certain notification requirements. The
provisions of § 721.185 apply to this
section.
(3) Determining whether a specific use
is subject to this section. The provisions
of § 721.1725(b)(1) apply to paragraph
(a)(2)(iii) of this section.
■ 28. Add § 721.11048 to subpart E to
read as follows:
§ 721.11048 Alkyl alkenoic acid, polymer
with alkenylcarbomonocycle telomer with
substituted alkanoic acid hydroxyl alkyl
substituted alkenyl substituted alkyl ester,
alkanediol diheteromonocyclic ether,
polyalkylene glycol alkyl ether alkyl
alkenoate and alkylcarbomonocyclic
alkenoate, metal salt (generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as alkyl alkenoic acid,
polymer with alkenylcarbomonocycle
telomer with substituted alkanoic acid
hydroxyl alkyl substituted alkenyl
substituted alkyl ester, alkanediol
diheteromonocyclic ether, polyalkylene
glycol alkyl ether alkyl alkenoate and
alkylcarbomonocyclic alkenoate, metal
salt (PMN P–16–535) is subject to
reporting under this section for the
significant new uses described in
paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80(f) and (k). It is a
significant new use to manufacture the
substance such that the lowest number
average molecular weight is less than
1,800 daltons and the carboxylic acid
content exceeds 20 percent.
(ii) [Reserved]
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph (b).
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (c) and (i) are
applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of
certain notification requirements. The
provisions of § 721.185 apply to this
section.
(3) Determining whether a specific use
is subject to this section. The provisions
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of § 721.1725(b)(1) apply to paragraph
(a)(2)(iii) of this section.
■ 29. Add § 721.11049 to subpart E to
read as follows:
§ 721.11049 Alkyl alkenoic acid, polymer
with bis heteromonocyclic substituted alkyl
carbomonocycle, alkenylcarbomonocycle
telomer with substituted alkanoic acid
hydroxyl alkyl substituted alkenyl
substituted alkyl ester, polyalkylene glycol
alkyl ether alkyl alkenoate and
alkylcarbomonocyclic alkenoate, metal salt
(generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as alkyl alkenoic acid,
polymer with bis heteromonocyclic
substituted alkyl carbomonocycle,
alkenylcarbomonocycle telomer with
substituted alkanoic acid hydroxyl alkyl
substituted alkenyl substituted alkyl
ester, polyalkylene glycol alkyl ether
alkyl alkenoate and
alkylcarbomonocyclic alkenoate, metal
salt (PMN P–16–536) is subject to
reporting under this section for the
significant new uses described in
paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80(f) and (k). It is a
significant new use to manufacture the
substance such that the lowest number
average molecular weight is less than
1,800 daltons, and the carboxylic acid
content exceeds 20 percent.
(ii) [Reserved]
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph (b).
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (c) and (i) are
applicable to manufacturers and
processors of this substance.
43297
(2) Limitations or revocation of
certain notification requirements. The
provisions of § 721.185 apply to this
section.
(3) Determining whether a specific use
is subject to this section. The provisions
of § 721.1725(b)(1) apply to paragraph
(a)(2)(iii) of this section.
30. Add § 721.11050 to subpart E to
read as follows:
■
§ 721.11050 Certain functionalized
methacrylate-substituted polymers.
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substances listed in
Table 1 of this section is subject to
reporting under this section for the
significant new uses described in
paragraph (a)(2) of this section. The
requirements of this section do not
apply to quantities of the substances
after they have been reacted (cured).
TABLE 1 TO § 721.11050—FUNCTIONALIZED METHACRYLATE-SUBSTITUTED POLYMERS
PMN No.
jbell on DSK3GLQ082PROD with RULES2
P–16–549
P–16–550
P–16–551
P–16–553
P–16–555
P–16–556
P–16–557
P–16–558
P–16–560
P–16–561
P–16–562
P–16–563
P–16–564
P–16–565
P–16–567
.....
.....
.....
.....
.....
.....
.....
.....
.....
.....
.....
.....
.....
.....
.....
Chemical name
Alkaline functionalized methacrylate-substituted polymer (generic).
Alkaline functionalized methacrylate-substituted polymer (generic).
Alkaline functionalized methacrylate-substituted polymer (generic).
Quaternary alkylamine functionalized methacrylate-substituted polymer (generic).
Neutral alcohol functionalized methacrylate-substituted polymer (generic).
Neutral alcohol functionalized methacrylate-substituted polymer (generic).
Neutral alkyl salt functionalized methacrylate-substituted polymer (generic).
Neutral alkyl salt functionalized methacrylate-substituted polymer (generic).
Neutral alkyl salt functionalized methacrylate-substituted polymer (generic).
Acid functionalized methacrylate-substituted polymer (generic).
Acid functionalized methacrylate-substituted polymer (generic).
Acid functionalized methacrylate-substituted polymer (generic).
Acid functionalized methacrylate-substituted polymer (generic).
Acid functionalized methacrylate-substituted polymer (generic).
Alkylamine functionalized methacrylate-substituted polymer (generic).
(2) The significant new uses are:
(i) Protection in the workplace.
Requirements as specified in
§ 721.63(a)(1), (a)(2)(i) and (iii), (a)(3),
when determining which persons are
reasonably likely to be exposed as
required for § 721.63(a)(1), engineering
control measures (e.g., enclosure or
confinement of the operation, general
and local ventilation) or administrative
control measures (e.g., workplace
policies and procedures) shall be
considered and implemented to prevent
exposure, where feasible, (a)(6)
(particulate), (b) (concentration set at
1.0%), and (c).
(ii) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80(f) and (k)
(crosslinked resin used for
chromatographic separation of
biomolecules and biocatalysts). It is a
significant new use to import the
substance in any form other than
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20:51 Aug 19, 2019
Jkt 247001
spherical beads with 0.1 percent less
than 10 microns.
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph (b).
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (e) and (i) are
applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of
certain notification requirements. The
provisions of § 721.185 apply to this
section.
■ 31. Add § 721.11051 to subpart E to
read as follows:
§ 721.11051 Waste plastics, poly(ethylene
terephthalate), depolymd. with
polypropylene glycol ether with glycerol
(3:1), polymers with alkenoic and alkanoic
acids (generic).
(a) Chemical substance and
significant new uses subject to reporting.
PO 00000
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Fmt 4701
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(1) The chemical substance identified
generically as waste plastics,
poly(ethylene terephthalate), depolymd.
with polypropylene glycol ether with
glycerol (3:1), polymers with alkenoic
and alkanoic acids (PMN P–16–579) is
subject to reporting under this section
for the significant new uses described in
paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Protection in the workplace.
Requirements as specified in
§ 721.63(a)(1), (a)(2)(i), (a)(3) and (4),
when determining which persons are
reasonably likely to be exposed as
required for § 721.63(a)(1) and (4),
engineering control measures (e.g.,
enclosure or confinement of the
operation, general and local ventilation)
or administrative control measures (e.g.,
workplace policies and procedures)
shall be considered and implemented to
prevent exposure, where feasible, (a)(5)
(respirators must provide a National
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Institute for Occupational Safety and
Health (NIOSH) assigned protection
factor (APF) of at least 50), (a)(6)
(particulate), (b) (concentration set
1.0%), and (c).
(ii) Hazard communication.
Requirements as specified in § 721.72(a)
through (e) (concentration set at 1.0%),
(f), (g)(1) (required label statements:
This substance may cause respiratory
and dermal irritation. This substance
may cause irritation of the mucous
membranes. This substance may cause
respiratory and dermal sensitization.
This substance may cause
mutagenicity), (g)(2)(i) through (v), and
(g)(5). Alternative hazard and warning
statements that meet the criteria of the
Globally Harmonized System (GHS) and
OSHA Hazard Communication Standard
may be used.
(iii) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80(k) (an ultraviolet
curable coating resin). It is a significant
new use to manufacture the substance
with an average molecular weight less
than 1,100 Daltons.
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph (b).
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (i) are applicable to
manufacturers and processors of this
substance.
(2) Limitations or revocation of
certain notification requirements. The
provisions of § 721.185 apply to this
section.
■ 32. Add § 721.11052 to subpart E to
read as follows:
§ 721.11052
acid.
1,3,5-Naphthalenetrisulfonic
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified as
1,3,5-naphthalenetrisulfonic acid (PMN
P–17–32, CAS No. 6654–64–4) is subject
to reporting under this section for the
significant new uses described in
paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Protection in the workplace.
Requirements as specified in
§ 721.63(a)(1), (a)(2)(i) and (iv), (a)(3)
and (4), when determining which
persons are reasonably likely to be
exposed as required for § 721.63(a)(1)
and (4), engineering control measures
(e.g., enclosure or confinement of the
operation, general and local ventilation)
or administrative control measures (e.g.,
workplace policies and procedures)
shall be considered and implemented to
prevent exposure, where feasible, (a)(5)
(respirators must provide a National
Institute for Occupational Safety and
Health (NIOSH) assigned protection
factor of at least 50, (a)(6)(v) and (vi),
(particulate), (b) (concentration set at
1.0%), and (c).
(ii) Hazard communication.
Requirements as specified in § 721.72(a)
through (e) (concentration set at 1.0%),
(f), (g)(1)(i), (ii), (iv), and (ix), (g)(2)(i),
(ii), (iii), and (v), and (g)(5). Alternative
hazard and warning statements that
meet the criteria of the Globally
Harmonized System (GHS) and OSHA
Hazard Communication Standard may
be used.
(iii) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80(q) and (t). It is a
significant new use to process the
substance beyond the confidential
annual volume cited in the TSCA 5(e)
Order.
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph (b).
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (i) are applicable to
manufacturers and processors of this
substance.
(2) Limitations or revocation of
certain notification requirements. The
provisions of § 721.185 apply to this
section.
(3) Determining whether a specific use
is subject to this section. The provisions
of § 721.1725(b)(1) apply to paragraph
(a)(2)(iii) of this section.
■ 33. Add § 721.11053 to subpart E to
read as follows:
§ 721.11053 Certain halogenated sodium
benzoate salts.
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substances listed in
Table 1 of this section is subject to
reporting under this section for the
significant new uses described in
paragraph (a)(2) of this section.
TABLE 1 TO § 721.11053—HALOGENATED SODIUM BENZOATE SALTS
jbell on DSK3GLQ082PROD with RULES2
PMN No.
P–17–33
P–17–34
P–17–36
P–17–38
P–17–39
P–17–41
P–17–42
P–17–43
P–17–45
P–17–47
P–17–50
P–17–52
P–17–55
P–17–57
P–17–59
P–17–61
P–17–62
P–17–63
P–17–64
P–17–66
P–17–67
P–17–69
P–17–71
P–17–72
P–17–73
P–17–75
........
........
........
........
........
........
........
........
........
........
........
........
........
........
........
........
........
........
........
........
........
........
........
........
........
........
VerDate Sep<11>2014
CAS No.
Chemical name
6654–64–4 ............
499–90–1 ..............
67852–79–3 ..........
2966–44–1 ............
25832–58–0 ..........
522651–42–9 ........
499–57–0 ..............
6185–28–0 ............
530141–39–0 ........
1765–08–8 ............
522651–44–1 ........
1180493–12–2 ......
402955–41–3 ........
522651–48–5 ........
1604819–08–0 ......
69226–41–1 ..........
17264–74–3 ..........
3686–66–6 ............
17264–88–9 ..........
118537–84–1 ........
63891–98–5 ..........
154862–40–5 ........
10007–84–8 ..........
17274–10–1 ..........
38402–11–8 ..........
855471–43–1 ........
20:51 Aug 19, 2019
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Jkt 247001
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
PO 00000
2-fluoro-, sodium salt (1:1).
4-fluoro-, sodium salt (1:1).
2,3,4,5-tetrafluoro-, sodium salt (1:1).
2-(trifluoromethyl)-, sodium salt (1:1).
4-(trifluoromethyl)-, sodium salt (1:1).
2,5-difluoro-, sodium salt (1:1).
3-fluoro-, sodium salt (1:1).
2,6-difluoro-, sodium salt (1:1).
3,5-difluoro-, sodium salt (1:1).
2,4-difluoro-, sodium salt (1:1).
3,4-difluoro-, sodium salt (1:1).
3,4,5-trifluoro-, sodium salt (1:1).
2,3,4-trifluoro-, sodium salt (1:1).
2,4,5-trifluoro-, sodium salt (1:1).
2,3-difluoro-, sodium salt (1:1).
3-(trifluoromethyl)-, sodium salt (1:1).
2-chloro-, sodium salt (1:1).
4-chloro-, sodium salt (1:1).
3-chloro-, sodium salt (1:1).
2,3-dichloro-, sodium salt (1:1).
2,5-dichloro-, sodium salt (1:1).
3,5-dichloro-, sodium salt (1:1).
2,6-dichloro-, sodium salt (1:1).
3,4-dichloro-, sodium salt (1:1).
2,4-dichloro-, sodium salt (1:1).
2-chloro-4-fluoro-, sodium salt.
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43299
TABLE 1 TO § 721.11053—HALOGENATED SODIUM BENZOATE SALTS—Continued
PMN No.
P–17–76
P–17–79
P–17–80
P–17–83
P–17–85
P–17–87
P–17–90
P–17–91
P–17–93
........
........
........
........
........
........
........
........
........
CAS No.
Chemical name
1421761–18–3 ......
1382106–78–6 ......
1421029–88–0 ......
1382106–64–0 ......
1938142–12–1 ......
938142–13–2 ........
1938142–14–3 ......
1938142–15–4 ......
1535169–81–3 ......
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
(2) The significant new uses are:
(i) Protection in the workplace.
Requirements as specified in
§ 721.63(a)(1), (a)(2)(i) and (iv), (a)(3),
when determining which persons are
reasonably likely to be exposed as
required for § 721.63(a)(4), engineering
control measures (e.g., enclosure or
confinement of the operation, general
and local ventilation) or administrative
control measures (e.g., workplace
policies and procedures) shall be
considered and implemented to prevent
exposure, where feasible, (a)(5)
(respirators must provide a National
Institute for Occupational Safety and
Health (NIOSH) assigned protection
factor of at least 50), (a)(6) (particulate),
(a)(6)(v) and (vi), (b) (concentration set
at 1.0%), and (c).
(A) As an alternative to the respirator
requirements in paragraph (a)(2)(i) of
this section, a manufacturer or processor
may choose to follow the new chemical
exposure limit (NCEL) provision listed
in the TSCA section 5(e) Order for this
substance. The NCEL is 0.0184 mg/m3
as an 8-hour time weighted average.
Persons who wish to pursue NCELs as
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
3-chloro-4-fluoro-, sodium salt.
5-chloro-2-fluoro-, sodium salt.
4-chloro-3-fluoro-, sodium salt.
4-chloro-2-fluoro-, sodium salt.
5-bromo-2-chloro-, sodium salt.
3-bromo-4-fluoro-, sodium salt.
2-bromo-5-fluoro-, sodium salt.
4-bromo-2-fluoro-, sodium salt.
4-bromo-3-fluoro-, sodium salt.
an alternative to § 721.63 respirator
requirements may request to do so
under § 721.30. Persons whose § 721.30
requests to use the NCELs approach are
approved by EPA will be required to
follow NCELs provisions comparable to
those contained in the corresponding
TSCA section 5(e) Order.
(B) [Reserved]
(ii) Hazard communication.
Requirements as specified in § 721.72(a)
through (e) (concentration set at 1.0%),
(f), (g)(1)(i), (ii), (iii), (iv), (vi), and (ix),
(g)(2)(i), (ii), and (iii), (use respiratory
protection or maintain workplace
airborne concentrations at or below an
8-hour time-weighted average of 0.0184
mg/m3), (g)(2)(v), and (g)(5). Alternative
hazard and warning statements that
meet the criteria of the Globally
Harmonized System (GHS) and OSHA
Hazard Communication Standard may
be used.
(iii) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80(q) and (t). It is a
significant new use to manufacture or
process the substances other than for the
processes described in the
corresponding TSCA section 5(e) Order.
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph (b).
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (i) and (k) are
applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of
certain notification requirements. The
provisions of § 721.185 apply to this
section.
(3) Determining whether a specific use
is subject to this section. The provisions
of § 721.1725(b)(1) apply to paragraph
(a)(2)(iii) of this section.
■ 34. Add § 721.11054 to subpart E to
read as follows:
§ 721.11054
acids.
Certain halogenated benzoic
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substances listed in
Table 1 of this section is subject to
reporting under this section for the
significant new uses described in
paragraph (a)(2) of this section.
TABLE 1 TO § 721.11054—HALOGENATED BENZOIC ACIDS
jbell on DSK3GLQ082PROD with RULES2
PMN No.
P–17–35
P–17–37
P–17–40
P–17–44
P–17–46
P–17–48
P–17–51
P–17–53
P–17–54
P–17–56
P–17–58
P–17–60
P–17–65
P–17–68
P–17–70
P–17–74
P–17–77
P–17–78
P–17–81
P–17–82
P–17–84
P–17–88
........
........
........
........
........
........
........
........
........
........
........
........
........
........
........
........
........
........
........
........
........
........
VerDate Sep<11>2014
CAS No.
Chemical name
1201–31–6 ............
433–97–6 ..............
2991–28–8 ............
385–00–2 ..............
455–40–3 ..............
1583–58–0 ............
455–86–7 ..............
121602–93–5 ........
61079–72–9 ..........
446–17–3 ..............
4519–39–5 ............
454–92–2 ..............
50–45–3 ................
51–36–5 ................
50–30–6 ................
2252–51–9 ............
394–30–9 ..............
403–16–7 ..............
403–17–8 ..............
446–30–0 ..............
21739–92–4 ..........
11007–16–5 ..........
20:51 Aug 19, 2019
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Jkt 247001
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
PO 00000
2,3,4,5-tetrafluoro-.
2-(trifluoromethyl)-.
2,5-difluoro-.
2,6-difluoro-.
3,5-difluoro-.
2,4-difluoro-.
3,4-difluoro-.
3,4,5-trifluoro-.
2,3,4-trifluoro-.
2,4,5-trifluoro-.
2,3-difluoro-.
3-(trifluoromethyl)-.
2,3-dichloro-.
3,5-dichloro-.
2,6-dichloro-.
2-chloro-4-fluoro-.
5-chloro-2-fluoro-.
3-chloro-4-fluoro-.
4-chloro-3-fluoro-.
4-chloro-2-fluoro-.
5-bromo-2-chloro-.
3-bromo-4-fluoro-.
Frm 00035
Fmt 4701
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E:\FR\FM\20AUR2.SGM
20AUR2
43300
Federal Register / Vol. 84, No. 161 / Tuesday, August 20, 2019 / Rules and Regulations
TABLE 1 TO § 721.11054—HALOGENATED BENZOIC ACIDS—Continued
PMN No.
CAS No.
Chemical name
P–17–89 ........
P–17–92 ........
P–17–97 ........
394–28–5 ..............
153556–42–4 ........
112704–79–7 ........
Benzoic acid, 2-bromo-5-fluoro-.
Benzoic acid, 4-bromo-3-fluoro-.
Benzoic acid, 4-bromo-2-fluoro-.
(2) The significant new uses are:
(i) Protection in the workplace.
Requirements as specified in
§ 721.63(a)(1), (a)(2)(i) and (v), (a)(3) and
(4), when determining which persons
are reasonably likely to be exposed as
required for § 721.63(a)(1) and (4),
engineering control measures (e.g.,
enclosure or confinement of the
operation, general and local ventilation)
or administrative control measures (e.g.,
workplace policies and procedures)
shall be considered and implemented to
prevent exposure, where feasible, (a)(5)
(respirators must provide a National
Institute for Occupational Safety and
Health (NIOSH) assigned protection
factor of at least 50, (a)(6) (particulate),
(a)(6)(v) and (vi), (b) (concentration set
at 1.0%), and (c).
(A) As an alternative to the respirator
requirements in paragraph (a)(2)(i) of
this section, a manufacturer or processor
may choose to follow the new chemical
exposure limit (NCEL) provision listed
in the TSCA section 5(e) Order for this
substance. The NCEL is 0.0184 mg/m3
as an 8-hour time weighted average.
Persons who wish to pursue NCELs as
an alternative to § 721.63 respirator
requirements may request to do so
under § 721.30. Persons whose § 721.30
requests to use the NCELs approach are
approved by EPA will be required to
follow NCELs provisions comparable to
those contained in the corresponding
TSCA section 5(e) Order.
(B) [Reserved]
(ii) Hazard communication.
Requirements as specified in § 721.72(a)
through (e) (concentration set at 1.0%),
(f), (g)(1)(i), (ii), (iii), (iv), (vi), and (ix),
(g)(2)(i), (ii), and (iii), (use respiratory
protection or maintain workplace
airborne concentrations at or below an
8-hour time-weighted average of 0.0184
mg/m3), (g)(2)(v), and (g)(5). Alternative
hazard and warning statements that
meet the criteria of the Globally
Harmonized System (GHS) and OSHA
Hazard Communication Standard may
be used.
(iii) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80(q) and (t). It is a
significant new use to manufacture or
process the substances other than for the
processes described in the
corresponding TSCA section 5(e) Order.
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph (b).
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (i) and (k) are
applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of
certain notification requirements. The
provisions of § 721.185 apply to this
section.
(3) Determining whether a specific use
is subject to this section. The provisions
of § 721.1725(b)(1) apply to paragraph
(a)(2)(iii) of this section.
■ 35. Add § 721.11055 to subpart E to
read as follows:
§ 721.11055 Certain halogenated benzoic
acids ethyl esters.
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substances listed in
Table 1 of this section is subject to
reporting under this section for the
significant new uses described in
paragraph (a)(2) of this section.
jbell on DSK3GLQ082PROD with RULES2
TABLE 1 TO § 721.11055—HALOGENATED BENZOIC ACID ETHYL ESTERS
PMN No.
CAS No.
P–17–94 ........
P–17–95 ........
P–17–96 ........
P–17–98 ........
P–17–99 ........
P–17–100 ......
P–17–101 ......
P–17–102 ......
P–17–103 ......
P–17–104 ......
P–17–105 ......
P–17–114 ......
P–17–122 ......
P–17–123 ......
P–17–124 ......
P–17–125 ......
P–17–126 ......
P–17–127 ......
P–17–128 ......
P–17–129 ......
P–17–130 ......
P–17–131 ......
P–17–132 ......
P–17–133 ......
P–17–134 ......
P–17–135 ......
P–17–136 ......
P–17–137 ......
122894–73–9 ........
583–02–8 ..............
577–62–8 ..............
19064–14–3 ..........
708–25–8 ..............
351354–50–2 ........
351354–50–2 ........
350–19–6 ..............
76008–73–6 ..........
1128–76–3 ............
7335–25–3 ............
137521–81–4 ........
474709–71–2 ........
144267–97–0 ........
1130165–74–0 ......
23233–33–2 ..........
4793–20–8 ............
35112–27–7 ..........
203573–08–4 ........
167758–87–4 ........
773139–56–3 ........
108928–00–3 ........
144267–96–9 ........
495405–09–9 ........
351354–41–1 ........
76783–59–0 ..........
773134–65–9 ........
81055–73–4 ..........
VerDate Sep<11>2014
20:51 Aug 19, 2019
Chemical name
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Benzoic
Jkt 247001
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
acid,
PO 00000
2,3,4,5-tetrafluoro-, ethyl ester.
4-(trifluoromethyl)-, ethyl ester.
2-(trifluoromethyl)-, ethyl ester.
2,6-difluoro-, ethyl ester.
2,5-difluoro-, ethyl ester.
2,3,4-trifluoro-, ethyl ester.
2-bromo-5-fluoro-, ethyl ester.
3,5-difluoro-, ethyl ester.
5-bromo-2-chloro-, ethyl ester.
3-chloro-, ethyl ester.
2-chloro-, ethyl ester.
3-chloro-4-fluoro-, ethyl ester.
4-bromo-2-fluoro-, ethyl ester.
2-bromo-4,5-difluoro-, ethyl ester.
4-bromo-3-fluoro-, ethyl ester.
3-bromo-4-fluoro-, ethyl ester.
4-chloro-2-fluoro-, ethyl ester.
2,5-dichloro-, ethyl ester.
4-chloro-3-fluoro-, ethyl ester.
2-chloro-4-fluoro-, ethyl ester.
5-chloro-2-fluoro-, ethyl ester.
2,4-difluoro-, ethyl ester.
3,4-difluoro-, ethyl ester.
3,4,5-trifluoro-, ethyl ester.
2,4,5-trifluoro-, ethyl ester.
3-(trifluoromethyl)-, ethyl ester.
2,3-difluoro-, ethyl ester.
2,6-dichloro-, ethyl ester.
Frm 00036
Fmt 4701
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Federal Register / Vol. 84, No. 161 / Tuesday, August 20, 2019 / Rules and Regulations
43301
jbell on DSK3GLQ082PROD with RULES2
TABLE 1 TO § 721.11055—HALOGENATED BENZOIC ACID ETHYL ESTERS—Continued
PMN No.
CAS No.
Chemical name
P–17–138 ......
P–17–139 ......
P–17–140 ......
91085–56–2 ..........
56882–52–1 ..........
28394–58–3 ..........
Benzoic acid, 3,5-dichloro-, ethyl ester.
Benzoic acid, 2,4-dichloro-, ethyl ester.
Benzoic acid, 3,4-dichloro-, ethyl ester.
(2) The significant new uses are:
(i) Protection in the workplace.
Requirements as specified in
§ 721.63(a)(1), (a)(2)(i) and (v), (a)(3) and
(4), when determining which persons
are reasonably likely to be exposed as
required for § 721.63(a)(1) and (4),
engineering control measures (e.g.,
enclosure or confinement of the
operation, general and local ventilation)
or administrative control measures (e.g.,
workplace policies and procedures)
shall be considered and implemented to
prevent exposure, where feasible, (a)(5)
(respirators must provide a National
Institute for Occupational Safety and
Health (NIOSH) assigned protection
factor of at least 1000), (a)(6)
(particulate), (a)(6)(v) and (vi), (b)
(concentration set at 1.0%), and (c).
(A) As an alternative to the respirator
requirements in paragraph (a)(2)(i) of
this section, a manufacturer or processor
may choose to follow the new chemical
exposure limit (NCEL) provision listed
in the TSCA section 5(e) Order for this
substance. The NCEL is 0.0184 mg/m3
as an 8-hour time weighted average.
Persons who wish to pursue NCELs as
an alternative to § 721.63 respirator
requirements may request to do so
under § 721.30. Persons whose § 721.30
requests to use the NCELs approach are
approved by EPA will be required to
follow NCELs provisions comparable to
those contained in the corresponding
TSCA section 5(e) Order.
(B) [Reserved]
(ii) Hazard communication.
Requirements as specified in § 721.72(a)
through (e) (concentration set at 1.0%),
(f), (g)(1)(i), (ii), (iii), (iv), (vi), and (ix),
(g)(2)(i), (ii), and (iii), (use respiratory
protection or maintain workplace
airborne concentrations at or below an
8-hour time-weighted average of 0.0184
mg/m3), (g)(2)(v), (g)(3)(i) and (ii),
(g)(4)(i), and (g)(5). Alternative hazard
and warning statements that meet the
criteria of the Globally Harmonized
System (GHS) and OSHA Hazard
Communication Standard may be used.
(iii) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80(q) and (t). It is a
significant new use to manufacture or
process the substances other than for
processes described in the
corresponding TSCA section 5(e) Order.
VerDate Sep<11>2014
20:51 Aug 19, 2019
Jkt 247001
(iv) Release to water. Requirements as
specified in § 721.90(a)(4), (b)(4), and
(c)(4) where N=15 ppb.
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph (b).
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (i) and (k) are
applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of
certain notification requirements. The
provisions of § 721.185 apply to this
section.
(3) Determining whether a specific use
is subject to this section. The provisions
of § 721.1725(b)(1) apply to paragraph
(a)(2)(iii) of this section.
■ 36. Add § 721.11056 to subpart E to
read as follows:
§ 721.11056 Neodymium aluminium alkyl
polymer complexes (generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as neodymium aluminium
alkyl polymer complexes (PMN P–17–
198) is subject to reporting under this
section for the significant new uses
described in paragraph (a)(2) of this
section.
(2) The significant new uses are:
(i) Protection in the workplace.
Requirements as specified in
§ 721.63(a)(1), (a)(2)(i), (ii), and (iii),
(a)(3), when determining which persons
are reasonably likely to be exposed as
required for § 721.63(a)(1), engineering
control measures (e.g., enclosure or
confinement of the operation, general
and local ventilation) or administrative
control measures (e.g., workplace
policies and procedures) shall be
considered and implemented to prevent
exposure, where feasible, (b)
(concentration set 1.0%), and (c).
(ii) Hazard communication.
Requirements as specified in § 721.72(a)
through (e) (concentration set 1.0%), (f),
(g)(1)(ix), (the substance may react
violently with water, (this substance
may cause skin irritation and corrosion),
(this substance may cause respiratory
complications, irritation, and corrosion),
(g)(2)(i), (ii), (iii), (when using this
substance use in closed system to
prevent any inhalation exposure), (when
PO 00000
Frm 00037
Fmt 4701
Sfmt 4700
using this substance use skin and eye
protection), and (g)(5). Alternative
hazard and warning statements that
meet the criteria of the Globally
Harmonized System (GHS) and OSHA
Hazard Communication Standard may
be used.
(iii) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80(c) (it is a
significant new use to process the
substance in manner that results in
inhalation exposure) and (f). It is a
significant new use to manufacture the
substance for a period longer than 8
months.
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph (b).
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (i) are applicable to
manufacturers and processors of this
substance.
(2) Limitations or revocation of
certain notification requirements. The
provisions of § 721.185 apply to this
section.
(3) Determining whether a specific use
is subject to this section. The provisions
of § 721.1725(b)(1) apply to paragraph
(a)(2)(iii) of this section.
■ 37. Add § 721.11057 to subpart E to
read as follows:
§ 721.11057 Fatty acid amide alkyl amine
salts (generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substances identified
generically as fatty acid amide alkyl
amine salts (PMN P–17–272, P–17–273,
P–17–274, P–17–275, P–17–276 and P–
17–277) are subject to reporting under
this section for the significant new uses
described in paragraph (a)(2) of this
section. The requirements of this section
do not apply to quantities of the
substances after they have been reacted
(cured).
(2) The significant new uses are:
(i) Protection in the workplace.
Requirements as specified in
§ 721.63(a)(1), (a)(2)(i), (iii), and (iv),
(a)(3), and (a)(6) (particulate), (a)(6)(v)
and (vi). When determining which
persons are reasonably likely to be
exposed as required for § 721.63(a)(1),
engineering control measures (e.g.,
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jbell on DSK3GLQ082PROD with RULES2
enclosure or confinement of the
operation, general and local ventilation)
or administrative control measures (e.g.,
workplace policies and procedures)
shall be considered and implemented to
prevent exposure, where feasible.
(ii) Hazard communication.
Requirements as specified in § 721.72(a)
through (e) (concentration set at 1.0%),
(f), (g)(1)(vi), (skin irritation),
(respiratory complication), (internal
organ effect), (systemic effect),
(sensitization), (g)(2)(i), (ii), (iii), and (v),
(g)(3)(i) and (ii), (g)(4)(i) and (iii), and
(g)(5). Alternative hazard and warning
statements that meet the criteria of the
Globally Harmonized System (GHS) and
OSHA Hazard Communication Standard
may be used.
(iii) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80(k) and (y)(1).
(iv) Release to water. Requirements as
specified in § 721.90(a)(1), (b)(1), and
(c)(1).
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph (b).
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (i) and (k) are
applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of
certain notification requirements. The
provisions of § 721.185 apply to this
section.
VerDate Sep<11>2014
20:51 Aug 19, 2019
Jkt 247001
(3) Determining whether a specific use
is subject to this section. The provisions
of § 721.1725(b)(1) apply to paragraph
(a)(2)(iii) of this section.
■ 38. Add § 721.11058 to subpart E to
read as follows:
§ 721.11058 Fatty acid derived imidazoline
salts (generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substances identified
generically as fatty acid derived
imidazoline salts (PMN P–17–278, P–
17–279 and P–17–280) are subject to
reporting under this section for the
significant new uses described in
paragraph (a)(2) of this section. The
requirements of this section do not
apply to quantities of the substances
after they have been reacted (cured).
(2) The significant new uses are:
(i) Protection in the workplace.
Requirements as specified in
§ 721.63(a)(1), (a)(2)(i), (iii), and (iv),
(a)(3), and (a)(6) (particulate), and
(a)(6)(v) and (vi). When determining
which persons are reasonably likely to
be exposed as required for
§ 721.63(a)(1), engineering control
measures (e.g., enclosure or
confinement of the operation, general
and local ventilation) or administrative
control measures (e.g., workplace
policies and procedures) shall be
considered and implemented to prevent
exposure, where feasible.
(ii) Hazard communication.
Requirements as specified in § 721.72(a)
PO 00000
Frm 00038
Fmt 4701
Sfmt 9990
through (e) (concentration set at 1.0%),
(f), (g)(1) (skin irritation), (respiratory
complication), (internal organ
effect),(systemic effect), (sensitization),
(g)(2)(i), (ii), (iii), and (v), (g)(3)(i) and
(ii), (g)(4)(i) and (iii), and (g)(5).
Alternative hazard and warning
statements that meet the criteria of the
Globally Harmonized System (GHS) and
OSHA Hazard Communication Standard
may be used.
(iii) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80(k) and (y)(1).
(iv) Release to water. Requirements as
specified in § 721.90(a)(1), (b)(1), and
(c)(1).
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph (b).
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (i), and (k) are
applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of
certain notification requirements. The
provisions of § 721.185 apply to this
section.
(3) Determining whether a specific use
is subject to this section. The provisions
of § 721.1725(b)(1) apply to paragraph
(a)(2)(iii) of this section.
[FR Doc. 2019–16099 Filed 8–19–19; 8:45 am]
BILLING CODE 6560–50–P
E:\FR\FM\20AUR2.SGM
20AUR2
Agencies
[Federal Register Volume 84, Number 161 (Tuesday, August 20, 2019)]
[Rules and Regulations]
[Pages 43266-43302]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16099]
[[Page 43265]]
Vol. 84
Tuesday,
No. 161
August 20, 2019
Part II
Environmental Protection Agency
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40 CFR Parts 9 and 721
Significant New Use Rules on Certain Chemical Substances; Final Rule
Federal Register / Vol. 84 , No. 161 / Tuesday, August 20, 2019 /
Rules and Regulations
[[Page 43266]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 9 and 721
[EPA-HQ-OPPT-2017-0366; FRL-9994-72]
RIN 2070-AB27
Significant New Use Rules on Certain Chemical Substances
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is issuing significant new use rules (SNURs) under the
Toxic Substances Control Act (TSCA) for 145 chemical substances which
are the subject of premanufacture notices (PMNs). The chemical
substances are subject to Orders issued by EPA pursuant to section 5(e)
of TSCA. This action requires persons who intend to manufacture
(defined by statute to include import) or process any of these 145
chemical substances for an activity that is designated as a significant
new use by this rule to notify EPA at least 90 days before commencing
that activity. The required notification initiates EPA's evaluation of
the use, under the conditions of use for that chemical substance,
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 by that
determination.
DATES: This rule is effective on October 21, 2019. For purposes of
judicial review, this rule shall be promulgated at 1 p.m. (e.s.t.) on
September 3, 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 September 19,
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 these SNURs under TSCA section 5(a)(2) for 145
substances which were the subject of PMNs. 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.
In the Federal Register of August 1, 2018 (83 FR 37455) (FRL-9981-
16), EPA proposed a SNUR for these 145 chemical substances in 40 CFR
part 721, subpart E, and reopened the public comment period in the
Federal Register of October 15, 2018 (83 FR 51910) (FRL-9984-72). This
reopened comment period closed on November 14, 2018. 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-2017-0366. That docket includes information considered by the
Agency in developing the proposed and final rules.
EPA received public comments on the proposed rule. Those comments
and EPA's responses are found in Unit IV.
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 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)). In the case of a
determination other than not likely to present unreasonable risk, the
applicable review period must also expire before manufacturing or
processing for the new use may commence.
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 use is not likely
to present an unreasonable risk of injury under the conditions of use
for the chemical substance or take such regulatory action as is
associated with an alternative determination before the manufacture or
processing for the significant new use can commence. In
[[Page 43267]]
the case of a determination other than not likely to present
unreasonable risk, the applicable review period must also expire before
manufacturing or processing for the new use may commence. If EPA
determines that the 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 determining 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. Note that when the Agency issues an order under
TSCA section 5(e), section 5(f)(4) requires that the Agency consider
whether to promulgate a SNUR for any use not conforming to the
restrictions of the order or publish a statement describing the reasons
for not initiating the rulemaking.
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 Comments
EPA received 8 anonymous comments on the proposed rule. These
comments were general in nature and not specific to or relevant to any
of the proposed SNURs. No response is required.
Ad Hoc Testing Policy Change
Comment: One commenter noted that EPA has instituted an ad hoc
testing policy change without acknowledging it has done so and without
meeting TSCA's requirements. With these proposed SNURs, the commenter
continues, EPA has implemented a significant departure from past policy
and practice by ceasing to include any testing requirements or
identifying any recommended testing. Instead, the commenter states,
each chemical-specific description in Unit IV of the proposed rule only
identifies ``potentially useful information'' that EPA indicates is
only being ``provided for informational purposes;'' EPA has not defined
what it means for information to be only potentially useful and why EPA
does not identify the information as actually useful or necessary.
Finally, the commenter states that, moreover, EPA provides no
explanation for why it no longer identifies testing as ``recommended
testing,'' as it previously did, and instead only describes the
associated information as ``potentially useful.''
Response: The comment pertains to the preambles of each SNUR, which
are not requirements for testing. The comment is misinformed, as
section 5(a)(2) never has provided authority to require testing in
SNUNs. Rather, EPA has identified recommended testing that appeared
likely to assist with review of a SNUN. That the testing is now
characterized as ``potentially useful'' rather than ``recommended''
takes into account the possibility that there may be a variety of
information and/or data that would assist with the review of a SNUN, in
addition to the testing that the Agency has identified. SNUN submitters
may want to consider submitting information (i.e. exposure or toxicity
data) that EPA had identified as potentially useful when the new
chemical substance was originally reviewed. EPA is not establishing a
new testing policy that is based on exposure considerations, as
described under TSCA section 26(l)(3).
In addition, as stated on EPA's new chemicals website (https://www.epa.gov/reviewing-new-chemicals-under-toxic-substances-control-act-tsca/actions-under-tsca-section-5): ``EPA has modified language in its
regulatory documents to ensure consistency with TSCA section 4(h)
requirements to reduce testing on vertebrates to the extent
practicable. Section 5(e) Orders will now contain a statement of need
that explains the basis for any decision that requires the use of
vertebrate animals. In addition, EPA is modifying language in its legal
documents describing test requirements to reflect a preference for
tiered testing and use of non-vertebrate testing strategies first and
using that test data to inform whether higher tiered testing (including
testing of vertebrates) is necessary. Similarly, EPA is modifying
language in its SNURs to more generally describe the information EPA
believes would help characterize chemical properties, fate and/or the
potential human health and environmental effects associated with a
significant new use of the chemical substance, rather than list
specific recommended tests. EPA is encouraging companies to consult
with the Agency on the potential for use of alternative test methods
and strategies (also called New Approach Methodologies, or NAMs) to
generate data to inform risk assessment. EPA encourages dialogue with
Agency representatives to help determine how best the submitter can
meet both the data needs and the objective of TSCA section 4(h).''
Isocyanates
One entity commented on proposed SNURs for two isocyanate-based
polymers or prepolymers: Aliphatic N-alkyl urea polymer containing
cyclohexyl groups and trimethoxy silanes (generic) (721.11029; P-15-
706) and aliphatic N-alkyl urea polymer containing aspartic ester
groups and trimethoxy silanes (generic) (721.11030; P-15-707). For both
of these SNURs, EPA proposed that the absence of the protective
measures in the underlying TSCA 5(e) Order--including exceeding a
specified weight of residual isocyanates in the PMN substances,
consumer use, exceeding a workplace exposure limit (NCEL), and
manufacture, processing or use without personal protective equipment--
would be reportable significant new uses.
Comment: The commenter made the following points:
EPA should clarify the proposed and direct final SNURs to
the extent it is basing them on concerns with excess or residual
isocyanate monomers. EPA appears to be basing the proposed SNURs on the
potential for the hazards or risks of excess or residual isocyanate
monomer in mixture with this isocyanate-based polymer or prepolymer.
These isocyanate monomers are existing chemicals with many ongoing
uses, including use as a monomer or use in excess or residual monomer.
EPA has not transparently identified those monomers as being subject to
the proposed SNURs. EPA may not use its SNUR authority to address
ongoing uses of the isocyanate monomers.
EPA should clarify the basis, scope, and provisions of the
proposed SNURs. In particular, EPA should clarify its basis for both
the imposed limitations
[[Page 43268]]
on residual isocyanates and the derived New Chemical Exposure Limit
(NCEL). EPA should also clarify the proposed regulatory text and the
preamble of the proposed SNURs, which include inconsistent language
regarding when respiratory and dermal protection is needed.
EPA should defer personal protective equipment (PPE) and
hazard communication provisions to the applicable OSHA requirements.
EPA should delete the provisions incorporating the
recordkeeping requirements in 40 CFR 721.125, as it did in the proposed
TDI SNUR, 80 FR 2068 (Jan. 15, 2015), and some others.
In response to this commenter, another commenter stated that
regardless of whether there are separate ongoing uses for these
isocyanates, their presence here as residuals is directly associated
with the manufacture of a new chemical substance that EPA has reviewed
and for which it has determined that the PMN substance may present an
unreasonable risk. It is therefore appropriate in this and other such
cases that EPA promulgates SNURs that would require notification and
EPA review of potential risks posed by the residual isocyanates present
in the PMN substance prior to allowing expanded manufacture or use. In
addition, these isocyanates have never been used to produce the PMN
substance before; this particular significant new use identified by
EPA--i.e., manufacture of the PMN substance with a residual isocyanate
level above 0.1%--would constitute a significant new use of both the
relevant isocyanates and the PMN substance requiring notification under
TSCA section 5.
Response: EPA is concerned about the health effects of any residual
monomer as well as unreacted isocyanate groups on a polymer when
assessing the risks for the new chemical substances. EPA has the
authority under section 5 of TSCA to address any risks associated with
the manufacture, processing, and use of the new chemical substances
even if those risks are based on the presence of existing chemical
substances. The SNUR only applies to activities associated with the new
chemical substances. Activities associated with the new chemical
substance are not ongoing activities of the existing chemical
substance. EPA did not receive specific, quantitative information that
demonstrates the chemical substance subject to these proposed SNURs
exhibit a lower potential for the hazards and potential risks described
in the proposed SNUR or that they will specifically replace a chemical
substance with a higher potential for hazards and risks. EPA is issuing
the SNUR as proposed to provide the Agency with the opportunity to
review any new uses for potential unreasonable risks. As described in
the Agency's 2011 Action Plan for MDI and TDI, diisocyanates are well-
known dermal and inhalation sensitizers in the workplace and have been
documented to cause asthma, lung damage, and in severe cases, fatal
reactions. EPA is concerned about potential health effects that may
result from exposures of consumers or self-employed workers while using
products containing uncured (unreacted) MDI and TDI and its related
polyisocyanates (e.g., spray-applied foam sealants, adhesives, and
coatings) or incidental exposures to the general population while such
products are used in or around buildings including homes or schools.
While workers may already be using protective controls in occupational
settings, due to the nature of the potential risk posed by these
chemicals, EPA believes it is prudent to emphasize its concern through
respiratory protection requirements where there is potential for
inhalation exposure, in addition to proposing significant new uses such
as consumer use and application method. Accordingly, the regulatory
actions for new diisocyanates reflects EPA's policy of consistent
treatment of the entire class of potentially hazardous chemicals,
regardless of their statutory status as ``new'' or ``existing''
chemicals.
With regards to deferring PPE and hazard communication requirements
to OSHA, and to the basis for imposed limitations on residual
isocyanates and the derived New Chemical Exposure Limit (NCEL), the
5(e) Order included these protective measures and these comments
constitute challenges to certain TSCA section 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 section
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
modify the SNURs on the basis of these comments.
With regards to clarifying the proposed regulatory text and the
preamble of the proposed SNURs, which include inconsistent language
regarding when respiratory and dermal protection is needed, the
regulatory text for Sec. 721.63 states that workers who are
``reasonably likely to be exposed'' are required to use the personal
protective equipment identified in the SNUR. The preamble language is a
summary of SNUR requirements and is not intended describe every detail
of the SNUR requirements. Persons manufacturing or processing a
chemical substance subject to a SNUR should follow the requirements
cited in the regulatory text of the SNUR.
With regards to the comment about recordkeeping, the SNUR cited by
the commenter are existing chemical SNURs where EPA determined
recordkeeping was not needed for various reasons. For example, when the
significant new use for an existing chemical is ``any use'' there is
typically no recordkeeping required because there are no records to be
maintained that would inform EPA inspection or enforcement. Because
these are new chemical SNURs, EPA will continue to require
recordkeeping for all new chemical SNURs to better allow EPA to inspect
and enforce SNUR requirements at facilities where chemicals subject to
SNURs are manufactured and processed.
Consistency Between SNURs and Orders
(a). General
Comment: One commenter stated that the Lautenberg Act requires that
SNUR requirements conform with requirements of TSCA section 5(e) and
5(f) actions and Orders or that EPA publish a statement explaining why
EPA is not doing so, and that EPA should not deviate from prior policy
and practice, which correctly implements the law. The commenter then
identified instances where the Order requirements were not consistent
with the SNUR requirements (see subsequent comments, below).
Response: In general, EPA agrees that SNURs should be consistent
with the underlying action or order; however, EPA has never considered
that SNURs must have exactly the same requirements. For example, when
an Order requires certain testing before manufacture exceeding a
certain production limit or time limit, the corresponding SNUR requires
notification before exceeding that time or production volume limit. It
does not require testing before exceeding the time or production volume
limit. Under a TSCA section 5(e) Order, It would be problematic to
require the same test from two different entities. The purpose of the
SNUR requirement is for the manufacturer to notify EPA and for EPA to
determine what, if any, testing should be required based on all
available information available. at the time of notification. In the
sections that follow, EPA has listed those instances where the
commenter identified differences between the Order and the SNUR and
[[Page 43269]]
either explained the differences or made the change.
(b). Protection in the Workplace
Comment: One commenter noted that a number of the proposed SNURs
identify a significant new use as any use where worker protection
equipment is not provided, and that some but not all of the SNURs
correctly mirror the corresponding 5(e) Order by requiring specific
respirators, gloves, and other equipment to be used when the chemical
is present in a specified ``form'' or physical state. For example, the
Order for P-17-272 identified three forms (particulate, gas/vapor, or
combination gas/vapor and particulate (e.g., paint spray mist)).
However, the corresponding proposed SNUR does not identify any forms,
rather, it only states that ``* * * [r]equirements as specified in
Sec. 721.63(a)(1), (a)(2)(i), (iii), (iv), (a)(3). When determining
which persons are reasonably likely to be exposed as required for Sec.
721.63(a)(1) engineering control measures * * * or administrative
control measures * * * shall be considered and implemented to prevent
exposure, where feasible.'' This inconsistency is significant because
if the form of the chemical substance is not identified in subpart E
(i.e., in the proposed SNUR), the workplace protections required under
Sec. 721.63(a)(1) or (a)(4) will not fully apply for the dermal and
airborne exposures to those forms. Below are PMNs where one, or all, of
the forms identified in the corresponding consent order are not
specified in the proposed SNURs:
Does not identify any of the forms identified in the
Order: P-14-0472, P-14-0496, P-16-0358, P-17-0272-77, P-17-0278-80
Does not identify particulate form: P-15-0707, P-16-0430,
P-16-0513
Does not identify gas/vapor form: P-16-0399
Does not identify combination of gas/vapor and particulate
(EPA provides as an example in the consent order, ``paint spray
mist''): P-14-0630, P-15-0450, P-15-0705-07, P-16-0322, P-16-0352
(chemicals A and B), P-16-0399, P-16-0430, P-16-0513, P-17-0032, P-17-
0033-140.
The commenter states that EPA must eliminate these inconsistencies
in the final SNURs and ensure that all forms triggering worker
protections specified in the Orders are also specified in the
corresponding final SNURs.
Response: For P-14-472, P-14-496, P-14-630, P-15-0450, P-16-322, P-
16-358, P-16-399, P-17-272 to P-17-277, P-17-278 to P-17-280, P-15-705-
707, P-16-352, P-16-430, P-16-0513, P-17-0032 the Agency agrees that
the form in the SNUR does not match the Order and has corrected that
oversight in the final SNUR. For the SNURs for P-17-33 through P-17-
140, all three forms--gas, vapor, and particulate--are correctly
identified. Any combination of these forms requires the identified
personal protective equipment.
(c). Industrial, Commercial, and Consumer Activities--Time Limits Under
40 CFR 721.80(p)
Comment: One commenter noted that a number of the 5(e) Orders
require the manufacturing (including import) to cease after a period of
time unless certain conditions have been met. For example, the Order
for P-15-450 establishes a time limit that triggers testing
requirements, effective from the Notice of Commencement of Manufacture
or Import (NOC) date, after which the chemical substance can no longer
be manufactured by the company subject to the Order unless the testing
is conducted. Other Orders establish a volume limit that cannot be
exceeded unless the testing is conducted. The commenter continues by
noting that the proposed SNURs appear to rely on 40 CFR 721.80(p) to
effectuate this type of production limit restriction in the Orders. 40
CFR 721.80(p) states that, where a substance is specified as being
subject to that section, a significant new use is the ``[a]ggregate
manufacture and importation volume for any use greater than that
specified in subpart E of this part for the substance,'' in the
proposed SNURs. This delineation of a significant new use clearly only
includes a volume limitation. In prior SNURs codified in subpart E, EPA
cites to 40 CFR 721.80(p) and correctly specifies a volume limitation.
See, e.g., 40 CFR 721.10524 and 721.10935. The proposed SNURs covering
the substances in P-15-450, P-16-289, P-16-399, and P-17-198 each
propose to rely on this restriction for a time limitation. EPA's
reliance only on cross-referencing 40 CFR 721.80(p) is problematic
because in a number of the proposed SNURs EPA cites 40 CFR 721.80(p) as
identifying a significant new use but then only specifies a time
limitation (e.g., 6 months, 12 months, 6 years), not a volume
limitation. Including only a time limitation in the SNURs in subpart E
while also citing 40 CFR 721.80(p)--which provides only for a volume
limitation--creates confusion regarding the actual restriction
applicable to the substance. If EPA's intention is to impose a volume
limitation, EPA should clearly identify the specific volume in the
proposed SNUR. And if EPA wants to set a time limitation instead of or
in addition to a volume limitation, EPA must spell that out in the
proposed SNUR. For instance, in the past, EPA has set a limit at ``any
amount after [x date].'' See, e.g., 40 CFR 721.10522, 721.10527, and
721.10619. Regardless of the approach, EPA must ensure that the final
SNURs capture all of the restrictions in the 5(e) Orders.
The commenter continues that EPA's approach to specifying time
limitations is made more confusing because the proposed SNURs fail to
explain that the time limit originated and is specified in the Order,
and more importantly fail to identify the trigger that starts the clock
ticking toward the time limit. The proposed SNURs state that a
significant new use is any use as described in 40 CFR 721.80(p), with a
time period (e.g., six months) noted in parentheses but without any
further explanation. While the original PMN submitter may understand
this in the context of its Order, the commenter states, any other
company subject to the SNUR would not. Accordingly, EPA needs to
specify, at a minimum, when the time period commences, which based on
the Order is upon the PMN submitter's filing of a NOC. Even then, it is
not clear how a second company would timely know that a NOC had been
filed by the PMN submitter, thereby triggering the time period to
start. It is also not clear how EPA would address a situation in which
a SNUR is finalized preceding or otherwise in the absence of the filing
of a NOC.
Second, the Order for P-16-0289 includes numerous time limitations
on the manufacturing volume of the chemical substance, yet the
corresponding proposed SNUR fails to include all but one of them. The
proposed SNUR states that a significant new use is any use as described
in 40 CFR 721.80(p), with ``six months'' in parentheses. In addition to
the concern raised previously about the ambiguity of relying solely on
a time limitation when EPA also intends to have a volume limitation, in
this case the Order sets additional limitations that are not included
at all in the SNUR. These include a prohibition on manufacturing unless
the company ``measures the particle size distribution to characterize
the particle size distribution of fractions less than 10 microns of the
dry particle PMN substance'': (1) Twice every twelve months after the
six months is over, if there is commercial production, until a total of
six tests are performed; and (2) if there are changes in the
manufacturing process that could result in different particle sizes.
Rather than rely solely on cross-referencing 40 CFR 721.80(p), EPA
should spell out the restrictions from the Order in the
[[Page 43270]]
proposed SNUR or cite to 40 CFR 721.80(k) and (q), which in turn cite
to the restrictions set by the Order. Ultimately, whichever way EPA
chooses to make this correction, EPA must make sure that the limits set
by the final SNUR are clear, and fully conform to the limits in the
Order.
Response: In response to this comment, in the final rule EPA
presents the specific time restriction rather than cross-referencing
Sec. 721.80(p). For all the SNURs cited, the time limits refer to the
time after--any manufacturer--begins manufacture of the PMN substance.
Each manufacturer is permitted to manufacture up to the time limit
identified in the SNUR from the time they begin manufacture. They are
not required to base their time limit on the actions of other
manufacturers or the notice of commencement. If that were the case some
manufacturers could be required to notify EPA before they even begin
manufacture. Therefore, EPA is removing the reference to Sec.
721.80(p) and clarifying that ``It is a significant new use to
manufacture for a period longer than (time period cited in the
underlying Order).'' For those instances where there are multiple time
limits in the Order, corresponding to multiple testing requirements,
only the first limit will be included in the SNUR, because by the time
of any SNUN submission, the Agency may possess new information that
changes its initial data requirements and any new time limits would be
the subject of EPA's finding for the SNUN.
(d). Other Discrepancies Between Orders and SNURs
Comment: The same commenter noted the following examples of other
discrepancies between Orders and corresponding proposed SNURs with
respect to the specification of significant new uses for industrial,
commercial, and consumer activities:
For P-14-0630, the Order states that using the chemical substance
in a consumer product that generates ``vapor'' is prohibited. The
proposed SNUR does not include generation of vapor as a significant new
use.
For P-16-0273-74, the Order states that the chemical substance can
only be imported in totes. The proposed SNUR does not include that
limitation.
For P-16-0495, the Order states that the chemical substance can
only be used for a specific confidential use. The proposed SNUR sets no
such limit. The SNUR should cite to 40 CFR 721.80(k) (``use other than
allowed by the section 5(e) consent order'').
For P-17-0032, the Order includes a separate volume limit for
processing the substance. The SNUR only sets a volume limit for
manufacture and import and not one for processing. EPA must include the
processing limit in the SNUR.
Response: For the SNUR for P-16-495, the Agency has corrected the
oversight in the proposed rule and the final SNUR for that chemical
substance now cites 40 CFR 721.80(k). For the SNUR for P-17-32, the
Agency agrees that there was an oversight in the proposed rule. The
final SNUR for that chemical substance now also includes the statement
``It is a significant new use to process the substance beyond the
confidential annual volume cited in the 5(e) Order.'' For the SNUR for
P14-630 EPA has added generation of vapor in a consumer product as a
significant new use because it is part of the Order but was
inadvertently not included in the proposed rule. For the SNUR for P16-
273 and 274 the Order erroneously references in the preamble a
requirement to import the chemicals in totes. However, this is not a
requirement of the Order. Therefore, EPA did not include that
requirement for the final SNUR for P-16-273 and 274.
(e). Human Health, Environmental Hazard, Exposure, and Precautionary
Statements
Comment: One commenter noted inconsistencies between the hazard
communication statements that would be required by the proposed SNURs
and those required in the corresponding 5(e) Orders.
For P-14-0496, the SNUR is missing the ``disposal restrictions
apply'' warning specified at 40 CFR 721.72(g)(4)(i). This warning is
required by the underlying 5(e) Order for PMNs P14-0472 and P14-0496.
For P-17-0272, the SNUR is missing the precautionary statement for
developmental effects (40 CFR 721.72(g)(1)(vi)). This statement is
required by the 5(e) Order for P-17-0272 through -0277. Given that each
of these precautionary statements is required by the corresponding
Orders, they must be included in the final SNURs.
Response: This is an oversight and is corrected in the final SNURs
for these substances.
Comment: The same commenter noted that for two of the proposed
SNURs associated with the Order for P-17-33 through P-17140, the
proposed SNURs are lacking a requirement for three hazards statements:
Toxic to fish (40 CFR 721.72(g)(3)(i)), toxic to aquatic organisms (40
CFR 721.72(g)(3)(ii)), and disposal restrictions apply (40 CFR
721.72(g)(4)(i)). The two SNURs are for certain halogenated sodium
benzoate salts, 40 CFR 721.11053, and certain halogenated sodium
benzoic acids, 40 CFR 721.11054. Because the Order applies to multiple
substances and redacts certain information (likely health and safety
information not eligible for redaction under TSCA section 14), it is
not possible for the public to know whether the hazard statements are
or are not required for the chemicals subject to the SNURs noted above.
EPA should ensure that there are no inconsistencies between the
requirements of the SNURs and the Order for these chemicals.
Response: The hazard statements identified by the commenter only
apply to the chemicals subject to the SNUR in 40 CFR 721.11055. Those
hazard statements are not required in the Order for the chemicals
subject to the SNUR in 40 CFR 721.11053 and 11054. EPA will finalize
those requirements as proposed.
(f). Additional Errors in the Proposed SNURs
Comment: For P-17-33 through P-17-140, there are three separate
SNURs that cover the many chemicals covered by that one Order. One
commenter noted that the SNUR for sodium benzoate salts states that a
significant new use is any use other than those allowed in the Order,
which is applicable to all of the substances P-17-33 through P-17-140
(to be codified at 40 CFR 721.11053(a)(2)(iii)) (citing 40 CFR
721.80(k)). This restriction, the commenter continues, is not specified
in the other two SNURs (to be codified at 40 CFR 721.11054(a)(2)(iii),
721.11055(a)(2)(iii)), and EPA must fix this error and ensure that each
proposed SNUR contains all of the restrictions governing the relevant
chemicals that appear in the Order.
Response: The requirement cited in 40 CFR 11053(a)(2)(iii) for 40
CFR 721.80(k) was erroneously included in the proposed SNUR. The Order
for P17-33 through P17-140 does not include a restriction on use. EPA
has removed this requirement from the final SNUR.
Comment: Additionally, the commenter noted that P-16-352 had one
Order covering two separate chemicals, with each having a proposed
SNUR. The volume limitation set in the Order was for the substances
combined. One commenter noted that both proposed SNURs contained
errors. First, the combined volume limits set in Sec. 721.11039 are
incorrect because it cites itself twice--``this substance and the
substance subject to 721.11039''--instead of citing itself and the
other PMN substance at Sec. 721.11040. 83 FR at
[[Page 43271]]
37725. Second, Sec. 721.11040 cites to an incorrect SNUR, ``Sec.
721.9998,'' for its combined volume limit, when it should cite to the
other PMN substance at section 721.11039 Id. EPA must ensure that the
combined volume limitations in the final SNURs are correct.
Response: EPA has corrected the cross-references in the final rule
to the correct SNUR.
Chemical Identity Correction: SNUR for P-17-278 Through P-17-280 (40
CFR 721.11058)
EPA has modified the generic chemical identity from ``fatty acid
amide alkyl amine salts'' in the proposed rule to ``fatty acid derived
imidazoline salts'' for the SNUR for P-17-278 through P-17-280 (40 CFR
721.11058), to agree with the generic name provided in the Notice of
Commencement of Manufacture or Import (NOC) submitted for these PMN
substances.
Comments Specific to the Proposed SNUR at 40 CFR 721.11027: Aluminum
Cobalt Lithium Nickel Oxide (PMN P-15-0450; CASRN 177997-13-6)
Comment: Four entities commented on the SNUR for PMN P-15-450 (40
CFR 721.11027), aluminum cobalt lithium nickel oxide. One commenter
suggested a different approach for control of air releases, rather than
the proposed significant new use of any release of the chemical
substance to air unless using the chemical transfer and air ventilation
processes described in the PMN, including filtering through a high-
efficiency particulate air filter with an efficiency rate of 99.99%.
The commenter requested making the provision technology neutral
instead, and exposure monitoring requirement more flexible (quarterly
rather than monthly). The commenter states that there could be
different processes to handle and transfer the PMN substance, and
control resulting air emissions, that will provide an equivalent or
even improved level of control. For example, the commenter continued,
there are control technologies that may have a removal efficiency
rating of 99.99% that are not the high-efficiency particulate filters
mentioned in the PMN. Therefore, a specific control technology does not
need to be identified, but rather a specific rated efficiency (99.99%)
or control target.
Response: The proposed SNUR provisions reflect the requirements of
the underlying Order. In the proposed SNUR air releases are allowed
only after the chemical transfer and air ventilation provisions
described in the PMN which are not limited to but include HEPA filters
that achieve 99.99% removal efficiency. This requirement remains in the
final SNUR. The reason to include the lack of this control in the SNUR
is to allow EPA to assess if other processes result in the same level
of or lower air releases.
Comment: A commenter proposed a flexible monitoring schedule in
lieu of mandatory monthly monitoring. The commenter noted that OSHA has
addressed monitoring frequency to assess worker exposure. Section 6(b)
of the OSHA Act gives OSHA authority to develop chemical specific
standards. One such standard is 29 CFR 1910.1026 Chromium (VI). The
OSHA Chromium (VI) workplace standard contains a flexible monitoring
requirement based on results from initial monitoring. If initial
monitoring indicates that employee exposures are below 50% (action
level) of the determined limit, no further monitoring is required
unless changes in the workplace result in new or additional exposures.
If the initial determination reveals employee exposures to be at or
above the action level, but below the determined limit, periodic
monitoring must be performed at least every six months. If the initial
monitoring reveals employee exposures to be above the determined limit,
monitoring must be conducted at least every three months. Adjustments
to the monitoring frequency are allowed based on monitoring results.
The preamble of the OSHA 1910.1026 Chromium (VI), P. 10341, states,
``OSHA believes that the frequency of six months for subsequent
periodic monitoring for exposures at or above the action level but at
or below the PEL, and three months for exposures above the PEL,
provides intervals that are both practical for employers and protective
for employees. This belief is supported by OSHA's experience with
comparable monitoring intervals in other standards, including those for
cadmium (29 CFR 1910.1050), methylene chloride (29 CFR 1910.1052), and
formaldehyde (29 CFR 1910.1048).'' Based on OSHA's position given
above, the commenter noted, it could be concluded that there are no
benefits to worker protection in conducting monitoring more frequently
than every 3 months, even when previous exposures exceeded exposure
limits. The monthly monitoring is resource intensive and is likely to
demonstrate the same results each month therefore providing minimal
value. The commenter requested that EPA allow this periodic monitoring
to occur on a quarterly basis, instead of monthly.
Response: Based on limited monitoring experience with the PMN
substance, EPA believes monthly monitoring requirements as specified in
the proposed SNUR are appropriate during the first year of
manufacturing, processing, or use. After that time monitoring may be
conducted quarterly if certain conditions are met. These are based on
the requirements in the Order. Based on monitoring results EPA has
received thus far for P-15-450, which have demonstrated monitoring
results above and below the action level of 0.16 mg/m\3\ identified in
the Order, the final SNUR will retain the same requirements as required
in the Order.
Comment: A commenter noted that 5(e) Orders on similar substances
to that identified in P-15-450 allow metal reclamation disposal,
whereas the Order for P-15-450 allows only landfill disposal.
Response: In response to the comment about allowing disposal by
metal reclamation, the Agency would need to review the specific metal
reclamation disposal method to determine its acceptability to allow
more flexibility in disposal methods. Because the underlying Order only
allows disposal by landfill, the final rule only allows disposal by
landfill.
Comment: One commenter pointed out that the reference to 40 CFR
721.63(a)(6) (referring to ``particulate'') in this SNUR should be
corrected to read ``40 CFR 721.63(a)(6)(i)'' (referring to ``dust'').
Response: The proposed SNUR term 40 CFR 721.63(a)(6) (referencing
``particulate'') reflects the requirement in the Order for P-15-450.
Particulate allows for both liquid and solid particles which includes
dust. The final rule retains the reference to particulate.
Comment 5: A commenter also requested that the SNUR not be
finalized until a recently submitted 90-day inhalation toxicity study
on the PMN substance is reviewed by EPA, as the testing could affect
EPA's underlying hazard concerns.
Response: The Agency has received and is currently reviewing the
90-day study data described by the commenter. Preliminary indications
are that the results of the study would not change the Agency's hazard
concerns, or significantly alter the magnitude of the NCEL identified
in the SNUR. It will take considerable time to determine if the study
data will result in any changes for the Order and SNUR. EPA is issuing
the final SNUR as proposed and will modify the Order and SNUR in the
future based on the study data as appropriate.
Comment: Other comments to this proposed SNUR are that the
references to ``24 months'' and ``6 years'' for production limits (40
CFR 721.80(p)) are
[[Page 43272]]
unclear, and that the NCEL of 0.000092 mg/m\3\ as an 8-hour time
weighted average doesn't take into account OSHA PELs on the component
metals.
Response: In response to the comment regarding the time-based
production limits in the SNUR, the time limits refer to the time after
a manufacturer begins manufacture of the PMN substance. To exceed that
time limit, a SNUN would need to be submitted and complete 90-day
review by EPA. The NCEL for this chemical substance was established by
EPA based on a 90-day inhalation study for a mixed metal oxide
analogue. EPA's risk assessment for P-15-0450 in the public docket
describes how the NCEL was calculated for the PMN substance based on
the 90-day lowest observed adverse effect concentration (LOAEC). The
analogue and data were identified by the submitter of P-15-450. As
discussed in the previous comment and response EPA has received a 90-
day inhalation study for P-15-450, that it is still reviewing and that
confirms the potential hazard and a similar LOAEC. Based on the results
of both studies EPA disagrees that OSHA PELs for the component metals
should be used to estimate the potential effect levels of the PMN
substance.
Comment: One commenter stated that the proposed SNUR for P-15-450
also would require monitoring and reporting for exposures to this
chemical at an Occupational Exposure Limit (OEL) of 0.16 mg/m\3\ on an
8-hour TWA and is silent about how this should be sampled and measured.
Response: The SNUR references the terms of the Order that include
parameters for how the monitoring should be sampled and measured. The
submitter for P-15-450 has already submitted monitoring results
required by the Order.
Comment: A commenter stated that the proposed NCEL presented no
relief to the use of APF 1000 respirators, because there is currently
no feasible monitoring method to reliably detect any constituent of the
chemical mixture at that level of sensitivity.
Response: While the commenter is correct, persons manufacturing,
processing, and using the chemical substance may eventually be able to
develop such a detection method or develop information that would
increase the level of the NCEL that would allow a detection method to
be developed.
Vertebrate Testing
Comment: A commenter noted that TSCA section 4(h)(3) states: ``IN
GENERAL.--Any person developing information for submission under this
title on a voluntary basis and not pursuant to any request or
requirement by the Administrator shall first attempt to develop the
information by means of an alternative test method or strategy . . .
before conducting new vertebrate animal testing.'' The commenter
continued that while EPA is not required to review the means by which
these submitters conducted this voluntary testing, it is authorized to
do so, and that reviewing compliance with this section is an
opportunity to communicate TSCA's requirement and EPA's preference for
alternatives to PMN submitters. Over time, the commenter states, this
would lead submitters to consider such alternatives before conducting
vertebrate animal tests. They requested that EPA review compliance with
TSCA section 4(h)(3) whenever the results of vertebrate animal testing
are included in PMNs.
Response: A request to review compliance with TSCA 4(h)(3) for PMNs
and Orders is not relevant to the proposed SNUR. Because SNURs do not
require testing and only suggest the type of information that could
address hazards identified by EPA, they include opportunities for EPA
to engage submitters considering conducting testing. For SNURs with
time or production volume limits, or if a SNUN submitter is required to
conduct testing EPA, will include consideration of TSCA section
4(h)(3). When a company consults with EPA before submitting any SNUN as
recommended by EPA when issuing SNURs, EPA will also have an
opportunity to consider what testing if any should be conducted
including consideration of TSCA section 4(h)(3).
Ongoing Uses of SNUR Chemicals
Comment: One commenter stated there is reason to believe that some
of the restrictions set forth in the following SNURs conflict with
ongoing uses: P-17-33, P-17-34, P-17-36, P-17-38, P-17-39, P-17-41, P-
17-42, P-17-43, P-17-45, P-17-47, P-17-50, P-17-52, P-17-55, P-17-57,
P-17-59, P-17-61, P-17-62, and P-17-63.
Response: EPA did not receive any further information to support
this statement and therefore has finalized the SNURs as proposed.
V. Substances Subject to This Rule
EPA is establishing significant new use and recordkeeping
requirements for 145 chemical substances in 40 CFR part 721, subpart E.
In this unit, EPA provides the following information for each chemical
substance:
PMN number.
Chemical name (generic name, if the specific name is
claimed as CBI).
Chemical Abstracts Service (CAS) Registry number (if
assigned for non-confidential chemical identities).
Basis for the TSCA section 5(e) consent order.
Information identified by EPA that would help characterize
the potential health and/or environmental effects of the chemical
substance in support of a request by the PMN submitter to modify the
Order, or if a manufacturer or processor is considering submitting a
SNUN for a significant new use designated by the SNUR. This information
may include testing required in a TSCA section 5(e) Order to be
conducted by the PMN submitter, as well as testing not required to be
conducted but which would also help characterize the potential health
and/or environmental effects of the PMN substance. Any recommendation
for information identified by EPA was made based on EPA's consideration
of available screening-level data, if any, as well as other available
information on appropriate testing for the chemical substance. Further,
any such testing identified by EPA that includes testing on vertebrates
was made after consideration of available toxicity information,
computational toxicology and bioinformatics, and high-throughput
screening methods and their prediction models. EPA also recognizes that
whether testing/further information is needed will depend on the
specific exposure and use scenario in the SNUN. EPA encourages all SNUN
submitters to contact EPA to discuss any potential future testing. See
Unit VIII. for more information.
CFR citation assigned in the regulatory text section of
this rule.
The regulatory text section of each rule specifies the activities
designated as significant new uses. Certain new uses, including
exceedance of production volume limits (i.e., limits on manufacture
volume) and other uses designated in this rule, may be claimed as CBI.
Unit IX. discusses a procedure companies may use to ascertain whether a
proposed use constitutes a significant new use.
These final rules include 145 PMN substances that are subject to
Orders under TSCA section 5(e)(1)(A)(ii)(I) where EPA determined that
activities associated with the PMN substances may present unreasonable
risk to human health or the environment. Those Orders require
protective measures to limit exposures or otherwise mitigate the
potential unreasonable risk. The SNURs identify as significant new uses
any manufacturing, processing, use,
[[Page 43273]]
distribution in commerce, or disposal that does not conform to the
restrictions imposed by the underlying Orders, consistent with TSCA
section 5(f)(4).
Where EPA determined that the PMN substance may present an
unreasonable risk of injury to human health via inhalation exposure,
the underlying TSCA section 5(e) Order usually requires, among other
things, that potentially exposed employees wear specified respirators
unless actual measurements of the workplace air show that air-borne
concentrations of the PMN substance are below a New Chemical Exposure
Limit (NCEL) that is established by EPA to provide adequate protection
to human health. In addition to the actual NCEL concentration, the
comprehensive NCELs provisions in TSCA section 5(e) Orders, which are
modeled after Occupational Safety and Health Administration (OSHA)
Permissible Exposure Limits (PELs) provisions, include requirements
addressing performance criteria for sampling and analytical methods,
periodic monitoring, respiratory protection, and recordkeeping.
However, no comparable NCEL provisions currently exist in 40 CFR part
721, subpart B, for SNURs. Therefore, for these cases, the individual
SNURs in 40 CFR part 721, subpart E, will state that persons subject to
the SNUR who wish to pursue NCELs as an alternative to the Sec. 721.63
respirator requirements may request to do so under Sec. 721.30. EPA
expects that persons whose Sec. 721.30 requests to use the NCELs
approach for SNURs that are approved by EPA will be required to comply
with NCELs provisions that are comparable to those contained in the
corresponding TSCA section 5(e) Order for the same chemical substance.
PMN Numbers: P-14-472 and P-14-496
Chemical names: Polyphosphoric acids, 2-[alkyl-1-oxo-2-propen-1-
yl)oxy]ethyl esters, compds. with N-(aminoiminomethyl)urea (generic)
(P-14-472) and Polyphosphoric acids, 2-[(2-methyl-1-oxo-2-propen-1-
yl)oxy]ethyl esters, compds. with alkyl amino, polymers with Bu
acrylate, N-(hydroxymethyl)propenamide and styrene (generic) (P-14-
496).
CAS numbers: Not available.
Effective date of TSCA section 5(e) Order: April 26, 2017.
Basis for TSCA section 5(e) Order: The PMN states that the generic
(non-confidential) uses of the PMN substances are as a site-controlled
intermediate (P-14-472) and a paper additive (P-14-496). Based on
Structure Activity Relationship (SAR) analysis of test data on
acrylates/methacrylates, and other structurally similar substances,
there is potential for irritation and sensitization for P-14-472. For
P-14-496 there is concern for sensitization based on the presence of
formaldehyde and concern for irritation and lung effects from the
surfactant properties of the substance. Further, based on SAR analysis
of test data on analogous phosphates, EPA predicts toxicity to aquatic
organisms may occur at concentrations that exceed 3 parts per billion
(ppb) of P-14-472 and 4 ppb of P-14-496 in surface waters. The Order
was issued under TSCA sections 5(a)(3)(B)(i) and 5(e)(1)(A)(i), based
on a finding that the available information is insufficient to permit a
reasoned evaluation of the human health effects of the PMN substances.
Further, the Order was issued under TSCA sections 5(a)(3)(B)(ii)(I) and
5(e)(1)(A)(ii)(I), based on a finding that the substances may present
an unreasonable risk of injury to human health and the environment. To
protect against these risks, the Order requires:
1. Submission of certain toxicity testing on the PMN substances
prior to exceeding the confidential production volume limit as
specified in the Order.
2. Use of personal protective equipment to prevent dermal exposure.
3. Establishment and use of a hazard communication program,
including human health precautionary statements on each label and in
the Safety Data Sheet (SDS).
4. No release of the PMN substances resulting in surface water
concentrations that exceed 3 ppb for P-14-472 and 4 ppb for P-14-496.
5. No modification of the manufacturing process that results in
inhalation exposure and no use involving application methods that
generate a dust, mist, or aerosol.
6. Use of the PMN substances only as a site-limited intermediate
(P-14-472) and the confidential use specified in the Order (P-14-496).
The SNUR would designate as a ``significant new use'' the absence
of these protective measures.
Potentially useful information: EPA has determined that certain
information about the fate and human health toxicity of the PMN
substances may be potentially useful to characterize the effects of the
PMN substances in support of a request by the PMN submitter to modify
the Order, or if a manufacturer or processor is considering submitting
a SNUN for a significant new use that will be designated by this SNUR.
The submitter has agreed not to exceed the confidential production
limit without performing a skin sensitization study and a
biodegradation test on each substance. In addition, EPA has determined
that the results of a pulmonary effects testing of the PMN substance
may be potentially useful in characterizing the health effects of the
PMN substances. Although the Order does not require this additional
testing, the Order's restrictions on manufacture, processing,
distribution in commerce, and disposal will remain in effect until the
Order is modified or revoked by EPA based on submission of this or
other information that EPA determines is relevant and needed to
evaluate a modification request.
CFR citations: 40 CFR 721.11024 (P-14-472) and 40 CFR 721.11025 (P-
14-496).
PMN Number: P-14-630
Chemical name: Bismuth bromide iodide oxide.
CAS number: 340181-06-8.
Effective date of TSCA section 5(e) Order: May 10, 2017.
Basis for TSCA section 5(e) Order: The PMN states that the
substance will be used as a pigment for liquid coatings solvent based
system; a pigment for powder coatings; and a pigment for polymer
materials. Based on test data and physical/chemical properties of the
PMN substance, as well as SAR analysis of analogous respirable, poorly
soluble particulates, EPA identified concerns for lung effects,
including fibrosis. The Order was issued under TSCA sections
5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I), based on insufficient
information to make a reasoned evaluation and a finding that the
substance may present an unreasonable risk of injury to human health.
EPA assessed risks based on the specific manufacturing, processing,
use, distribution/transportation, treatment and disposal processes,
process equipment, engineering controls, and handling practices
(including worker activities and cleaning procedures) described in the
PMN. To protect against these risks, the Order requires:
1. Submission of certain toxicity testing on the PMN substance
prior to exceeding the confidential production volume limit as
specified in the Order.
2. Use of a National Institute for Occupational Safety and Health
(NIOSH)-certified respirator with an Assigned Protection Factor (APF)
of at least 10 (where there is a potential for inhalation exposures) or
compliance with a New Chemical Exposure Limit (NCEL) of 2.4 milligram/
meter\3\ (mg/m\3\) as an 8-hour time-weighted average.
3. Establishment and use of a hazard communication program,
including human health precautionary statements on each label and in
the SDS.
[[Page 43274]]
4. No use of the substance in a consumer product that generates a
dust, mist, or aerosol.
The SNUR will designate as a ``significant new use'' the absence of
these protective measures.
Potentially useful information: EPA has determined that certain
information about the human health toxicity of the PMN substance may be
potentially useful to characterize the effects of the PMN substance in
support of a request by the PMN submitter to modify the Order, or if a
manufacturer or processor is considering submitting a SNUN for a
significant new use that will be designated by this SNUR. The submitter
has agreed not to exceed the confidential production limit without
performing specific target organ toxicity testing. In addition, EPA has
determined that the results of a chronic toxicity/carcinogenicity test
of the PMN substance may be potentially useful in characterizing the
health effects of the PMN substance. Although the Order does not
require this additional testing, the Order's restrictions on
manufacture, processing, distribution in commerce, and disposal will
remain in effect until the Order is modified or revoked by EPA based on
submission of this or other information that EPA determines is relevant
and needed to evaluate a modification request.
CFR citation: 40 CFR 721.11026.
PMN Number: P-15-450
Chemical name: Aluminum cobalt lithium nickel oxide.
CAS number: 177997-13-6.
Effective date of TSCA section 5(e) Order: March 23, 2017.
Basis for TSCA section 5(e) Order: The PMN states that the
substance will be used as a mixed metal oxide for batteries. Based on
test data on the PMN substance, EPA identified concerns for spleen and
kidney toxicity. Based on physical/chemical properties of the PMN
substance, as well as SAR analysis of analogous respirable, poorly
soluble particulates, EPA identified concerns for lung effects based on
lung overload. Based on the crystalline structure of the PMN substance,
EPA identified concern for lung carcinogenicity. The Order was issued
under TSCA sections 5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I), based on
insufficient information to make a reasoned evaluation and a finding
that the substance may present an unreasonable risk of injury to human
health. EPA assessed risks based on the specific manufacturing,
processing, use, distribution/transportation, treatment and disposal
processes, process equipment, engineering controls, and handling
practices (including worker activities and cleaning procedures)
described in the PMN. To protect against these risks, the Order
requires:
1. Submission of certain toxicity testing on the PMN substance
prior to exceeding the time limit as specified in the Order.
2. Use of personal protective equipment including impervious gloves
and protective clothing (where there is a potential for dermal
exposures).
3. Use of a NIOSH-certified respirator with an APF of at least
1,000 (where there is a potential for inhalation exposure) or
compliance with a NCEL of 0.000092 ppm as an 8-hour time-weighted
average.
4. Use of the chemical transfer processes and air ventilation
processes described in the PMN and the exposure monitoring requirements
described in the Order.
5. Establishment and use of a hazard communication program,
including human health precautionary statements on each label and in
the SDS.
6. Disposal of the PMN substance by landfill only. Air releases are
limited by processes described in the PMN, including filtering through
a high-efficiency particulate air filter with an efficiency rate of
99.99%.
The SNUR will designate as a ``significant new use'' the absence of
these protective measures.
Potentially useful information: EPA has determined that certain
information about the human health toxicity of the PMN substance may be
potentially useful to characterize the effects of the PMN substance in
support of a request by the PMN submitter to modify the Order, or if a
manufacturer or processor is considering submitting a SNUN for a
significant new use that will be designated by this SNUR. The submitter
has agreed not to exceed the time limit without performing specific
target organ toxicity testing and carcinogenicity testing. In addition,
EPA has determined that the results of medical monitoring of the
workers exposed to the substance during manufacturing, processing, and
use may be potentially useful in characterizing the health effects of
the PMN substance. Although the Order does not require this medical
monitoring, the Order's restrictions on manufacture, processing,
distribution in commerce, and disposal will remain in effect until the
Order is modified or revoked by EPA based on submission of this or
other information that EPA determines is relevant and needed to
evaluate a modification request.
CFR citation: 40 CFR 721.11027.
PMN Number: P-15-705
Chemical name: Alkylarylamine (generic).
CAS number: Not available.
Effective date of TSCA section 5(e) Order: May 11, 2017.
Basis for TSCA section 5(e) Order: The PMN states that the
substance will be used as a chemical intermediate and as an additive
and octane booster in aviation fuels.
Based on test data on the PMN substance, EPA has identified
concerns for dermal irritation, developmental toxicity, and blood
effects. Based on test data on analogous anilines, EPA has identified
concerns for cardiovascular, eye, liver, kidney, and pulmonary effects,
as well as bladder cancer. The Order was issued under TSCA sections
5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I), based on insufficient
information to make a reasoned evaluation and a finding that the
substance may present an unreasonable risk of injury to human health.
To protect against these risks, the Order requires:
1. Submission of certain toxicity testing on the PMN substance
prior to exceeding the confidential production volume limit as
specified in the Order.
2. Use of personal protective equipment including impervious
gloves, full body chemical protective clothing and chemical goggles or
equivalent eye protection (where there is a potential for dermal
exposure).
3. Use of a NIOSH-certified respirator with an APF of at least
1,000 (where there is a potential for inhalation exposure) or
compliance with a NCEL of 0.48 mg/m\3\ as an 8-hour time-weighted
average. (EPA's estimates indicate that variations of the parameters
(including batch size, number of processing sites, days per year of
operation) of the uses identified below would not result in inhalation
exposure that would indicate a different respirator.)
4. No use of the substance in a consumer product.
5. No use other than as a chemical intermediate or as an additive
and octane booster in aviation fuels.
6. Establishment and use of a hazard communication program,
including human health precautionary statements on each label and in
the SDS.
7. No release of the PMN substance resulting in surface water
concentrations that exceed 1 ppb.
The SNUR will designate as a ``significant new use'' the absence of
these protective measures.
Potentially useful information: EPA has determined that certain
information about the human health and aquatic toxicity of the PMN
substance may be
[[Page 43275]]
potentially useful to characterize the effects of the PMN substance in
support of a request by the PMN submitter to modify the Order, or if a
manufacturer or processor is considering submitting a SNUN for a
significant new use that will be designated by this SNUR. The submitter
has agreed not to exceed the confidential production limit without
performing specific target organ toxicity testing and a chronic aquatic
toxicity test.
CFR citation: 40 CFR 721.11028.
PMN Numbers: P-15-706 and P-15-707
Chemical names: Aliphatic N-alkyl urea polymer containing
cyclohexyl groups and trimethoxy silanes (generic) (P-15-706) and
Aliphatic N-alkyl urea polymer containing aspartic ester groups and
trimethoxy silanes (generic) (P-15-707).
CAS numbers: Not available.
Effective date of TSCA section 5(e) Order: April 26, 2017.
Basis for TSCA section 5(e) Order: The PMNs state that the generic
use of the substances will be as ingredients for multipurpose exterior
coatings. Based on SAR analysis on reactive methoxy silane moieties,
EPA has identified concerns for irritation to lungs, eyes, and mucus
membranes. There are also concerns for acute toxicity, neurotoxicity,
and developmental toxicity based on the presence of methanol, and for
sensitization if there are residual isocyanates. The Order was issued
under TSCA sections 5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I), based on
insufficient information to make a reasoned evaluation and a finding
that the substances may present an unreasonable risk of injury to human
health. To protect against these risks, the Order requires:
1. Submission of certain toxicity testing on the PMN substance
prior to exceeding the production limit as specified in the Order.
2. Use of personal protective equipment including impervious gloves
(where there is a potential for dermal exposure).
3. Use of a NIOSH-certified respirator with an APF of at least 10
(where there is a potential for inhalation exposure) or compliance with
a NCEL of 0.9 mg/m\3\ as an 8-hour time-weighted average. (EPA's
estimates indicate that variations of the parameters (including batch
size, number of processing sites, days per year of operation) of the
uses identified below would not result in inhalation exposure that
would indicate a different respirator.)
4. Establishment and use of a hazard communication program,
including human health precautionary statements on each label and in
the SDS.
5. No manufacture beyond an annual production volume of 250,000
kilograms (kg).
6. Manufacture of the PMN substances to contain no more than 0.1%
residual isocyanate by weight.
7. No uses of the substances other than allowed in the Order.
8. No use of the substances in a consumer product.
The SNUR will designate as a ``significant new use'' the absence of
these protective measures.
Potentially useful information: EPA has determined that certain
information about the human health toxicity of the PMN substances may
be potentially useful to characterize the effects of the PMN substances
in support of a request by the PMN submitter to modify the Order, or if
a manufacturer or processor is considering submitting a SNUN for a
significant new use that will be designated by this SNUR. The submitter
has agreed not to exceed the confidential production limit without
performing specific target organ toxicity testing for P-15-706.
CFR citation: 40 CFR 721.11029 (P-15-706) and 40 CFR 721.11030 (P-
15-707).
PMN Numbers: P-16-273 and P-16-274
Chemical names: Alkyl heteromonocycle, polymer with
heteromonocycle, carboxyalkyl alkyl ethers (generic).
CAS numbers: Not available.
Effective date of TSCA section 5(e) Order: April 25, 2017.
Basis for TSCA section 5(e) Order: The PMNs state that the generic
(non-confidential) use of the substances will be as ingredients in
metalworking fluids. Based on submitted test data for P-16-273 and
structurally similar surfactants, EPA has identified concerns for
dermal sensitization and irritation and lung effects. Based on
submitted toxicity data for P-16-273, EPA estimates toxicity to aquatic
organisms may occur for both PMNs at concentrations that exceed 10 ppb
of the PMN substances in surface waters. The Order was issued under
TSCA sections 5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I), based on
insufficient information to make a reasoned evaluation and a finding
that the substances may present an unreasonable risk of injury to human
health and the environment. To protect against these risks, the Order
requires:
1. No domestic manufacture of the PMN substances.
2. Use of the PMN substances only: (i) For the confidential uses
specified in the Order, (ii) at a concentration no greater than 3% of
the metalworking fluid, and (iii) used only in closed metalworking
systems as specified in the PMNs with no modifications in the process
that would result in worker inhalation exposure.
3. Use of personal protective equipment including impervious gloves
(where there is a potential for dermal exposure).
4. No release of the PMN substances resulting in surface water
concentrations that exceed 10 ppb.
The SNUR will designate as a ``significant new use'' the absence of
these protective measures.
Potentially useful information: EPA has determined that certain
information about the fate and toxicity of the PMN substances may be
potentially useful to characterize the health and environmental effects
of the PMN substances in support of a request by the PMN submitter to
modify the Order, or if a manufacturer or processor is considering
submitting a SNUN for a significant new use that will be designated by
this SNUR. EPA has determined that the results of specific target organ
toxicity testing and a biodegradation test of the PMN substances may be
potentially useful in characterizing the health and environmental
effects of the PMN substances. Although the Order does not require
these tests, the Order's restrictions on manufacture, processing,
distribution in commerce, and disposal will remain in effect until the
Order is modified or revoked by EPA based on submission of this or
other information that EPA determines is relevant and needed to
evaluate a modification request.
CFR citation: 40 CFR 721.11031.
PMN Number: P-16-289
Chemical name: Benzene dicarboxylic acid, polymer with alkane dioic
acid and aliphatic diamine (generic).
CAS number: Not available.
Effective date of TSCA section 5(e) Order: March 24, 2017.
Basis for TSCA section 5(e) Order: The PMN states the substance
will be used as an extrusion compounding molding resin. Based on test
data on analogous high molecular weight polymers, EPA has concerns for
lung effects, which includes lung overload. The Order was issued under
TSCA sections 5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I), based on
insufficient information to make a reasoned evaluation and a finding
that the substance may present an unreasonable risk of injury to human
health. To protect against these risks, the Order requires:
[[Page 43276]]
1. Submission of particle size testing on the PMN substance prior
to exceeding the time limit as specified in the Order.
2. Manufacture of the PMN substance such that the solid particle
form has a particle size distribution where less than 1% of the
particles are less than 10 microns.
The SNUR will designate as a ``significant new use'' the absence of
these protective measures.
Potentially useful information: EPA has determined that certain
information about the physical/chemical characteristics of the PMN
substance may be potentially useful to characterize the health effects
of the PMN substance in support of a request by the PMN submitter to
modify the Order, or if a manufacturer or processor is considering
submitting a SNUN for a significant new use that will be designated by
this SNUR. The submitter has agreed not to manufacture beyond a certain
time period without measuring the particle size distribution to
characterize the fraction of the dry particle PMN substance less than
10 microns. In addition, EPA has determined that the results of
specific target organ toxicity testing of the PMN substance may be
potentially useful in characterizing the health effects of the PMN
substance. Although the Order does not require this additional testing,
the Order's restrictions on manufacture, processing, distribution in
commerce, and disposal will remain in effect until the Order is
modified or revoked by EPA based on submission of this or other
information that EPA determines is relevant and needed to evaluate a
modification request.
CFR citation: 40 CFR 721.11032.
PMN Number: P-16-322
Chemical name: Manganese cyclic (tri)amine chloride complex
(generic).
CAS number: Not available.
Effective date of TSCA section 5(e) Order: April 25, 2017.
Basis for TSCA section 5(e) Order: The PMN states that the generic
(non-confidential) use of the substance will be as a pulp bleaching
catalyst. Based on test data on an analog, EPA has identified concerns
for kidney, blood, and thyroid effects, immunotoxicity, reproductive
and developmental toxicity, and neurotoxicity. Based on test data on
the PMN substance, EPA estimates that toxicity to aquatic organisms may
occur at concentrations that exceed 18 ppb of the PMN substance in
surface waters. The Order was issued under TSCA sections
5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I), based on insufficient
information to make a reasoned evaluation and a finding that the
substance may present an unreasonable risk of injury to human health
and the environment. To protect against these risks, the Order
requires:
1. Submission of certain toxicity testing on the PMN substance
prior to exceeding the confidential production volume limit as
specified in the Order.
2. Use of personal protective equipment to prevent dermal exposure
(where there is a potential for dermal exposure).
3. Use of a NIOSH-certified respirator with an APF of at least 25
(where there is a potential for inhalation exposure) or compliance with
a NCEL of 1.2 ppm as an 8-hour time-weighted average. (EPA's estimates
indicate that variations of the parameters (including batch size,
number of processing sites, days per year of operation) of the uses
identified below would not result in inhalation exposure that would
indicate a different respirator.)
4. Establishment and use of a hazard communication program,
including human health precautionary statements on each label and in
the SDS.
5. No domestic manufacture of the PMN substance.
6. Process and use of the PMN substance only for the confidential
uses and formulation percentage specified in the Order.
7. No release of the PMN substance resulting in surface water
concentrations that exceed 18 ppb.
The SNUR will designate as a ``significant new use'' the absence of
these protective measures.
Potentially useful information: EPA has determined that certain
information about the human health and aquatic toxicity of the PMN
substance may be potentially useful to characterize the effects of the
PMN substance in support of a request by the PMN submitter to modify
the Order, or if a manufacturer or processor is considering submitting
a SNUN for a significant new use that will be designated by this SNUR.
The submitter has agreed not to exceed the confidential production
limit without performing specific target organ toxicity testing,
reproductive/developmental toxicity testing; and chronic aquatic
toxicity testing.
CFR citation: 40 CFR 721.11033.
PMN Numbers: P-16-338, P-16-339, P-16-439, and P-16-440
Chemical names: Xanthylium, (sulfoaryl)-bis [(substituted aryl)
amino]-, sulfo derivs., inner salts, metal salts (generic) (P-16-338);
Substituted triazinyl metal salt, diazotized, coupled with substituted
pyridobenzimidazolesulfonic acids, substituted
pyridobenzimidazolesulfonic acids, diazotized substituted
alkanesulfonic acid, diazotized substituted aromatic sulfonate,
diazotized substituted aromatic sulfonate, metal salts (generic) (P-16-
339); Carbon black, (organic acidic carbocyclic)-modified, inorganic
salt (generic) (P-16-439); and Carbon black, (organic acidic
carbocyclic)-modified, metal salt (generic) (P-16-440).
CAS numbers: Not available.
Effective date of TSCA section 5(e) Order: April 11, 2017.
Basis for TSCA section 5(e) Order: The PMN states that the generic
(non-confidential) uses of the PMN substances will be as dyestuffs (P-
16-0338 and P-16-0339) and as coloring agents (P-16-0439 and P-16-
0440). Based on physical/chemical properties of the PMN substances and
test data on analogous poorly respirable particles, EPA has identified
concerns for irritation to the eyes, lungs, and mucous membranes, and
lung effects. Further, based on SAR analysis of test data on analogous
dyes, EPA predicts toxicity to aquatic organisms may occur at
concentrations that exceed 200 ppb of the PMN substances in surface
waters. The Order was issued under TSCA sections 5(a)(3)(B)(ii)(I) and
5(e)(1)(A)(ii)(I), based on insufficient information to make a reasoned
evaluation and a finding that the substances may present an
unreasonable risk of injury to human health and the environment. To
protect against these risks, the Order requires:
1. No manufacture of the PMN substances beyond the confidential
annual production volume specified in the Order.
2. No domestic manufacture of the PMN substances.
3. Import the PMN substances only according to the terms specified
and for the confidential uses specified in the Order.
4. No release of the PMN substances to surface waters.
The SNUR will designate as a ``significant new use'' the absence of
these protective measures.
Potentially useful information: EPA has determined that certain
information about the fate, human health toxicity, and aquatic toxicity
of the PMN substances may be potentially useful to characterize the
effects of the PMN substances in support of a request by the PMN
submitter to modify the Order, or if a manufacturer or processor is
considering submitting a SNUN for a significant new use that will be
designated by this SNUR. EPA has determined that the results of a
[[Page 43277]]
biodegradation test, specific target organ toxicity testing, and acute
and chronic aquatic toxicity testing of the PMN substances may be
potentially useful in characterizing the health and environmental
effects of the PMN substances. Although the Order does not require
these tests, the Order's restrictions on manufacture, processing,
distribution in commerce, and disposal will remain in effect until the
Order is modified or revoked by EPA based on submission of this or
other information that EPA determines is relevant and needed to
evaluate a modification request.
CFR citations: 40 CFR 721.11034 (P-16-338), 40 CFR 721.11035 (P-16-
339), 40 CFR 721.11036 (P-16-439), and 40 CFR 721.11037 (P-16-440).
PMN Number: P-16-350
Chemical name: Polyaralkyl aryl ester of methacrylic acid
(generic).
CAS number: Not available.
Effective date of TSCA section 5(e) Order: March 31, 2017.
Basis for TSCA section 5(e) Order: The PMN states that the generic
(non-confidential) use of the substance will be as a polymer reactant.
Based on test data on methacrylate moieties, EPA has identified
concerns for irritation and sensitization based on analogy to
methacrylates. Based on SAR analysis of test data on structurally
similar respirable surfactants, EPA has identified concerns for lung
effects. The Order was issued under TSCA sections 5(a)(3)(B)(ii)(I) and
5(e)(1)(A)(ii)(I), based on insufficient information to make a reasoned
evaluation and a finding that the substance may present an unreasonable
risk of injury to human health. To protect against these risks, the
Order requires:
1. Use of personal protective equipment including impervious gloves
(where there is a potential for dermal exposure).
2. Establishment and use of a hazard communication program,
including human health precautionary statements on each label and in
the SDS.
3. Manufacture of the PMN substance such that it is not less than
the minimum average molecular weight identified in the Order and does
not contain more than the maximum weight percent of low molecular
weight species below 1,000 Daltons.
4. Use of the PMN substance only for the confidential use specified
in the Order.
The SNUR will designate as a ``significant new use'' the absence of
these protective measures.
Potentially useful information: EPA has determined that certain
information about the toxicity of the PMN substance may be potentially
useful to characterize the health effects of the PMN substance in
support of a request by the PMN submitter to modify the Order, or if a
manufacturer or processor is considering submitting a SNUN for a
significant new use that will be designated by this SNUR. EPA has
determined that the results of specific target organ toxicity testing
and a sensitization test of the PMN substance may be potentially useful
in characterizing the health effects of the PMN substance. Although the
Order does not require these tests, the Order's restrictions on
manufacture, processing, distribution in commerce, and disposal will
remain in effect until the Order is modified or revoked by EPA based on
submission of this or other information that EPA determines is relevant
and needed to evaluate a modification request.
CFR citation: 40 CFR 721.11038.
PMN Number: P-16-352
Chemical names: Phenol, 2-[[[3-(octyloxy)propyl]imino]methyl]- (P-
16-352, chemical A) and Phenol, 2-[[[3-(decyloxy)propyl]imino]methyl]-
(P-16-352, chemical B).
CAS numbers: 1858221-49-4 (P-16-352, chemical A) and 1858221-50-7
(P-16-352, chemical B).
Effective date of TSCA section 5(e) Order: April 21, 2017.
Basis for TSCA section 5(e) Order: The PMN states that the PMN
substances will be used as co-catalysts in the manufacturing of release
coatings for producing papers and films at a concentration of 1% or
less. Based on SAR analysis of test data on analogous phenols, EPA has
identified concerns for respiratory and dermal irritation and
developmental toxicity. In addition, EPA has identified concerns for
liver toxicity and reproductive effects based on the hydrolysis product
o-hydroxybenzaldehyde. Further, based on SAR analysis of test data on
analogous phenols, EPA predicts toxicity to aquatic organisms may occur
at concentrations that exceed 1 ppb of the PMN substances in surface
waters. The Order was issued under TSCA sections 5(a)(3)(B)(ii)(I) and
5(e)(1)(A)(ii)(I), based on insufficient information to make a reasoned
evaluation and a finding that the substances may present an
unreasonable risk of injury to human health and the environment. To
protect against these risks, the Order requires:
1. Submission of certain toxicity testing on the PMN substance
prior to exceeding the confidential production volume limit as
specified in the Order.
2. Use of personal protective equipment including impervious gloves
(where there is a potential for dermal exposure).
3. Establishment and use of a hazard communication program,
including human health precautionary statements on each label and in
the SDS.
4. No domestic manufacture of the PMN substances.
5. No manufacture of the PMN substances beyond an annual production
volume of 250 kg/yr.
6. No use of the PMN substances in application methods that
generate a dust, mist, or aerosol.
7. No release of the PMN substance resulting in surface water
concentrations that exceed 1 ppb.
The SNUR will designate as a ``significant new use'' the absence of
these protective measures.
Potentially useful information: EPA has determined that certain
information about the human health and aquatic toxicity of the PMN
substance may be potentially useful to characterize the effects of the
PMN substance in support of a request by the PMN submitter to modify
the Order, or if a manufacturer or processor is considering submitting
a SNUN for a significant new use that will be designated by this SNUR.
The submitter has agreed not to exceed the confidential production
limit without performing specific target organ toxicity, reproductive/
developmental toxicity, and acute aquatic toxicity testing.
CFR citations: 40 CFR 721.11039 (P-16-352, chemical A) and 40 CFR
721.11040 (P-16-352, chemical B).
PMN Number: P-16-358
Chemical name: Alkyl phenol (generic).
CAS number: Not available.
Effective date of TSCA section 5(e) Order: April 24, 2017.
Basis for TSCA section 5(e) Order: The PMN states that the
substance will be used as a chemical intermediate. Based on SAR
analysis of test data on analogous phenols, EPA has identified concerns
for developmental toxicity. The Order was issued under TSCA sections
5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I), based on insufficient
information to make a reasoned evaluation and a finding that the
substance may present an unreasonable risk of injury to human health.
To protect against these risks, the Order requires:
1. Submission of certain toxicity testing on the PMN substance
prior to exceeding the confidential production volume limit as
specified in the Order.
2. Use of personal protective equipment including impervious gloves
[[Page 43278]]
(where there is a potential for dermal exposure).
3. Establishment and use of a hazard communication program,
including human health precautionary statements on each label and in
the SDS.
4. Use of the PMN substance only as a chemical intermediate.
5. No manufacture, process, or use of the PMN substance in any
manner or method that generates a dust, mist, or aerosol or in a non-
enclosed process.
6. No release of the PMN substance to surface waters.
The SNUR will designate as a ``significant new use'' the absence of
these protective measures.
Potentially useful information: EPA has determined that certain
information about the human health toxicity of the PMN substance may be
potentially useful to characterize the effects of the PMN substance in
support of a request by the PMN submitter to modify the Order, or if a
manufacturer or processor is considering submitting a SNUN for a
significant new use will be designated by this SNUR. The submitter has
agreed not to exceed the confidential production limit without
performing specific target organ toxicity and reproductive/
developmental toxicity tests.
CFR citation: 40 CFR 721.11041.
PMN Number: P-16-364
Chemical name: Nitrile-butadiene-acrylate terpolymers (generic).
CAS number: Not available.
Effective date of TSCA section 5(e) Order: March 31, 2017
Basis for TSCA section 5(e) Order: The PMN states that the generic
(non-confidential) use of the substance will be as a chemical
intermediate. Based on SAR analysis of test data on structurally
similar respirable particles, EPA has identified concerns for lung
effects, including lung overload. The Order was issued under TSCA
sections 5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I), based on insufficient
information to make a reasoned evaluation and a finding that the
substance may present an unreasonable risk of injury to human health.
To protect against these risks, the Order requires:
1. Use of the PMN substance only as a site-limited chemical
intermediate.
2. Establishment and use of a hazard communication program,
including human health precautionary statements on each label and in
the SDS.
3. No manufacture, process, or use of the PMN substance if it
contains more than 5% of the particle size distribution less than 10
microns.
The SNUR will designate as a ``significant new use'' the absence of
these protective measures.
Potentially useful information: EPA has determined that certain
information about the toxicity of the PMN substance may be potentially
useful to characterize the effects of the PMN substance in support of a
request by the PMN submitter to modify the Order, or if a manufacturer
or processor is considering submitting a SNUN for a significant new use
that will be designated by this SNUR. EPA has determined that the
results of specific target organ toxicity testing of the PMN substance
may be potentially useful in characterizing the health effects of the
PMN substance. Although the Order does not require this test, the
Order's restrictions on manufacture, processing, distribution in
commerce, and disposal will remain in effect until the Order is
modified or revoked by EPA based on submission of this or other
information that EPA determines is relevant and needed to evaluate a
modification request.
CFR citation: 40 CFR 721.11042.
PMN Number: P-16-399
Chemical name: Starch, polymer with 2-propenoic acid, potassium
salt, oxidized.
CAS number: 1638117-09-5.
Effective date of TSCA section 5(e) Order: April 6, 2017.
Basis for TSCA section 5(e) Order: The PMN states that the
substance will be used as an agricultural soil amendment for field
crops, agricultural soil amendment for turf applications and direct
soil injection with fertilizers, and a compound to be used in
preparation of advanced seed coatings. Based on SAR analysis of test
data on structurally similar respirable particles, EPA has identified
concerns for lung effects, including lung overload. The Order was
issued under TSCA sections 5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I),
based on insufficient information to make a reasoned evaluation and a
finding that the substance may present an unreasonable risk of injury
to human health. The Order was also issued under TSCA sections
5(a)(3)(B)(ii)(II) and 5(e)(1)(A)(ii)(II), based on a finding that the
substance that the substance is or will be produced in substantial
quantities and that the substance either enters or may reasonably be
anticipated to enter the environment in substantial quantities, or
there is or may be significant (or substantial) human exposure to the
substance. To protect against these risks, the Order requires:
1. Submission of certain toxicity testing on the PMN substance
prior to exceeding the time limit as specified in the Order.
2. Use of personal protective equipment including impervious gloves
(where there is a potential for dermal exposure).
3. Establishment and use of a hazard communication program,
including human health precautionary statements on each label and in
the SDS.
4. Manufacture of the substance with a particulate size greater
than 30 microns.
The SNUR will designate as a ``significant new use'' the absence of
these protective measures.
Potentially useful information: EPA has determined that certain
information about the toxicity of the PMN substance may be potentially
useful to characterize the health and environmental effects of the PMN
substance in support of a request by the PMN submitter to modify the
Order, or if a manufacturer or processor is considering submitting a
SNUN for a significant new use that will be designated by this SNUR.
The submitter has agreed not to manufacture beyond a certain time limit
without performing an acute aquatic toxicity test. In addition, EPA has
determined that the results of specific target organ toxicity testing
of the PMN substance may be potentially useful in characterizing the
health effects of the PMN substance. Although the Order does not
require this additional testing, the Order's restrictions on
manufacture, processing, distribution in commerce, and disposal will
remain in effect until the Order is modified or revoked by EPA based on
submission of this or other information that EPA determines is relevant
and needed to evaluate a modification request.
CFR citation: 40 CFR 721.11043.
PMN Number: P-16-430
Chemical name: Pentanedioic acid, 2-methyl-.
CAS number: 617-62-9.
Effective date of TSCA section 5(e) Order: May 17, 2017.
Basis for TSCA section 5(e) Order: The PMN states the generic (non-
confidential) use of the substance will be as a filler. Based on test
data on the PMN substance, EPA has identified concerns for systemic and
reproductive toxicity. Based on structural analysis on the acid groups
and test data, EPA has identified concerns for dermal and respiratory
irritation. Further, based on test data on the PMN substance and test
data on analogous neutral organics, EPA predicts toxicity to aquatic
organisms may occur at concentrations that exceed 14 ppb of the PMN
substance in surface waters. The Order was issued under TSCA sections
5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I), based on insufficient
[[Page 43279]]
information to make a reasoned evaluation and a finding that the
substance may present an unreasonable risk of injury to human health
and the environment. EPA assessed risks based on the specific
processing, use, distribution/transportation, treatment and disposal
processes, process equipment, engineering controls, and handling
practices (including worker activities and cleaning procedures)
described in the PMN. To protect against these risks, the Order
requires:
1. Use of personal protective equipment including impervious gloves
(where there is a potential for dermal exposure).
2. Use of a NIOSH-certified respirator with an APF of at least 10
(where there is a potential for inhalation exposure). (EPA's estimates
indicate that variations of the parameters (including batch size,
number of processing sites, days per year of operation) of the uses
identified below would not result in inhalation exposure that would
indicate a different respirator.)
3. Establishment and use of a hazard communication program,
including human health precautionary statements on each label and in
the SDS.
4. No domestic manufacture of the PMN substance.
5. Import of the PMN substance at or below the maximum
concentration specified in the Order.
6. No release of the PMN substance resulting in surface water
concentrations that exceed 14 ppb.
The SNUR will designate as a ``significant new use'' the absence of
these protective measures.
Potentially useful information: EPA has determined that certain
information about the human health toxicity of the PMN substance may be
potentially useful to characterize the effects of the substance in
support of a request by the PMN submitter to modify the Order, or if a
manufacturer or processor is considering submitting a SNUN for a
significant new use that will be designated by this SNUR. EPA has
determined that the results of specific target organ toxicity testing
of the PMN substance may be potentially useful in characterizing the
health effects of the PMN substance. Although the Order does not
require this test, the Order's restrictions on manufacture, processing,
distribution in commerce, and disposal will remain in effect until the
Order is modified or revoked by EPA based on submission of this or
other information.
CFR citation: 40 CFR 721.11044.
PMN Number: P-16-495
Chemical name: 2-Pentanol, 4-methyl-, reaction products with
phosphorus oxide (P2O5), compounds with alkylamine (generic).
CAS number: Not available.
Effective date of TSCA section 5(e) Order: April 25, 2017.
Basis for TSCA section 5(e) Order: The PMN states that the generic
use (non-confidential) of the substance will be as a lubricant
additive. Based on test data on the substance, EPA has identified
concerns for systemic effects, sensitization and irritation to the eyes
and skin. Based on physical/chemical properties, EPA has concerns for
lung effects, including lung surfactancy. Further, based on test data
on analogous aliphatic amines for the cation and neutral organics for
the anion as well as test data on the PMN substance, EPA predicts
toxicity to aquatic organisms may occur at concentrations that exceed
200 ppb of the PMN substance in surface waters. The Order was issued
under TSCA sections 5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I), based on
insufficient information to make a reasoned evaluation and a finding
that the substance may present an unreasonable risk of injury to human
health and the environment. To protect against these risks, the Order
requires:
1. Submission of certain toxicity testing on the PMN substance
prior to exceeding the confidential production volume limit as
specified in the Order.
2. Use of personal protective equipment (where there is a potential
for dermal exposure).
3. Establishment and use of a hazard communication program,
including human health precautionary statements on each label and in
the SDS.
4. No manufacture in any manner or method that results in
inhalation exposure.
5. No use of the PMN substance in an application method that
generates a vapor, mist, or aerosol.
6. No release of the PMN substance resulting in surface water
concentrations that exceed 200 ppb.
The SNUR will designate as a ``significant new use'' the absence of
these protective measures.
Potentially useful information: EPA has determined that certain
information about the human health and aquatic toxicity of the PMN
substance may be potentially useful to characterize the effects of the
PMN substance effects of the PMN substance in support of a request by
the PMN submitter to modify the Order, or if a manufacturer or
processor is considering submitting a SNUN for a significant new use
that will be designated by this SNUR. The submitter has agreed not to
exceed the confidential production limit without performing chronic
aquatic toxicity tests. In addition, EPA has determined that the
results of specific target organ toxicity testing of the PMN substance
may be potentially useful in characterizing the health effects of the
PMN substance. Although the Order does not require this additional
testing, the Order's restrictions on manufacture, processing,
distribution in commerce, and disposal will remain in effect until the
Order is modified or revoked by EPA based on submission of this or
other information that EPA determines is relevant and needed to
evaluate a modification request.
CFR citation: 40 CFR 721.11045.
PMN Number: P-16-513
Chemical name: Hydroxy alkylbiphenyl (generic).
CAS number: Not available.
Effective date of TSCA section 5(e) Order: May 2, 2017.
Basis for TSCA section 5(e) Order: The PMN states that the
substance will be used as a chemical intermediate. Based on test data
on an analog, EPA has identified concerns for developmental toxicity,
systemic toxicity, blood effects, and corrosion of the skin, eyes, and
mucous membranes. Further, based on SAR analysis of test data on
analogous amides, EPA predicts toxicity to aquatic organisms may occur
at concentrations that exceed 17 ppb of the PMN substances in surface
waters. The Order was issued under TSCA sections 5(a)(3)(B)(ii)(I) and
5(e)(1)(A)(ii)(I), based on insufficient information to make a reasoned
evaluation and a finding that the substances may present an
unreasonable risk of injury to human health and the environment. To
protect against these risks, the Order requires:
1. Submission of certain toxicity testing on the PMN substance
prior to exceeding the confidential production volume limit as
specified in the Order.
2. Use of personal protective equipment (where there is a potential
for dermal exposure).
3. Use of a NIOSH-certified respirator with an APF of at least 50
(where there is a potential for inhalation exposure). (EPA's estimates
indicate that variations of the parameters (including batch size,
number of processing sites, days per year of operation) of the uses
identified below would not result in inhalation exposure that would
indicate a different respirator.)
4. Use of the PMN substance only as a chemical intermediate.
5. No release of the PMN substance resulting in surface water
concentrations that exceed 17 ppb.
[[Page 43280]]
The SNUR will designate as a ``significant new use'' the absence of
these protective measures.
Potentially useful information: EPA has determined that certain
information about the human health and aquatic toxicity of the PMN
substance may be potentially useful to characterize the effects of the
PMN substance in support of a request by the PMN submitter to modify
the Order, or if a manufacturer or processor is considering submitting
a SNUN for a significant new use that will be designated by this SNUR.
The submitter has agreed not to exceed the confidential production
limit without performing specific target organ toxicity and
reproductive/developmental toxicity testing. In addition, EPA has
determined that the results of acute aquatic toxicity tests may be
potentially useful in characterizing the environmental effects of the
PMN substance. Although the Order does not require these additional
tests, the Order's restrictions on manufacture, processing,
distribution in commerce, and disposal will remain in effect until the
Order is modified or revoked by EPA based on submission of this or
other information that EPA determines is relevant and needed to
evaluate a modification request.
CFR citation: 40 CFR 721.11046.
PMN Numbers: P-16-534, P-16-535, and P-16-536
Chemical names: Alkyl alkenoic acid, polymer with
alkenylcarbomonocycle telomer with substituted alkanoic acid hydroxyl
alkyl substituted alkenyl substituted alkyl ester, polyalkylene glycol
alkyl ether alkyl alkenoate, dialkylene glycol diheteromonocyclic ether
and alkylcarbomonocyclic alkenoate, metal salt (generic) (P-16-534);
Alkyl alkenoic acid, polymer with alkenylcarbomonocycle telomer with
substituted alkanoic acid hydroxyl alkyl substituted alkenyl
substituted alkyl ester, alkanediol diheteromonocyclic ether,
polyalkylene glycol alkyl ether alkyl alkenoate and
alkylcarbomonocyclic alkenoate, metal salt (generic) (P-16-535); and
Alkyl alkenoic acid, polymer with bis heteromonocyclic substituted
alkyl carbomonocycle, alkenylcarbomonocycle telomer with substituted
alkanoic acid hydroxyl alkyl substituted alkenyl substituted alkyl
ester, polyalkylene glycol alkyl ether alkyl alkenoate and
alkylcarbomonocyclic alkenoate, metal salt (generic) (P-16-536).
CAS numbers: Not available.
Effective date of TSCA section 5(e) Order: April 4, 2017.
Basis for TSCA section 5(e) Order: The PMN states that the generic
(non-confidential) use of the substances will be a component of ink.
Based on test data on structurally similar respirable particles, EPA
has identified concerns for lung effects if inhaled, based on lung
overload. In addition, EPA has identified ecotoxicity concerns for the
substances if made with an acid component exceeding 20% of the
molecular weight due potential for increased absorption and solubility.
The Order was issued under TSCA sections 5(a)(3)(B)(ii)(I) and
5(e)(1)(A)(ii)(I), based on insufficient information to make a reasoned
evaluation and a finding that the substances may present an
unreasonable risk of injury to human health and the environment. To
protect against these risks, the Order requires:
1. Manufacture of the PMN substances such that the minimum average
molecular weight is 1,800 daltons and the carboxylic acid content does
not exceed 20%.
2. No domestic manufacture of the PMN substances.
3. Process or use of the PMN substances only for the use specified
in the Order.
The SNUR will designate as a ``significant new use'' the absence of
these protective measures.
Potentially useful information: EPA has determined that certain
information about the human health and aquatic toxicity of the PMN
substances may be potentially useful to characterize the effects of the
substances in support of a request by the PMN submitter to modify the
Order, or if a manufacturer or processor is considering submitting a
SNUN for a significant new use that will be designated by this SNUR.
EPA has determined that the results of specific target organ toxicity
testing and an acute aquatic toxicity test of the PMN substances may be
potentially useful in characterizing the health and environmental
effects of the PMN substances. Although the Order does not require
these tests, the Order's restrictions on manufacture, processing,
distribution in commerce, and disposal will remain in effect until the
Order is modified or revoked by EPA based on submission of this or
other information that EPA determines is relevant and needed to
evaluate a modification request.
CFR citations: 40 CFR 721.11047 (P-16-534), 40 CFR 721.11048 (P-16-
535), and 40 CFR 721.11049 (P-16-536).
PMN Numbers: P-16-549, P-16-550, P-16-551, P-16-553, P-16-555, P-16-
556, P-16-557, P-16-558, P-16-560, P-16-561, P-16-562, P-16-563, P-16-
564, P-16-565, and P-16-567
Chemical names: Alkaline functionalized methacrylate-substituted
polymer (generic) (P-16-549, P-16-550, and P-16-551); Quaternary
alkylamine functionalized methacrylate-substituted polymer (generic)
(P-16-553); Neutral alcohol functionalized methacrylate-substituted
polymer (generic) (P-16-555 and P-16-556); Neutral alkyl salt
functionalized methacrylate-substituted polymer (generic) (P-16-557, P-
16-558, and P-16-560); Acid functionalized methacrylate-substituted
polymer (generic) (P-16-561, P-16-562, P-16-563, P-16-564, and P-16-
565); and Alkylamine functionalized methacrylate-substituted polymer
(generic) (P-16-567).
CAS numbers: Not available.
Effective date of TSCA section 5(e) Order: May 2, 2017.
Basis for TSCA section 5(e) Order: The PMN states the substances
will be use as crosslinked resins for chromatographic separation of
biomolecules and biocatalysts. Based on test data on structurally
similar respirable particles, EPA has identified concerns for lung
effects, including lung overload. EPA has also identified irritation
concerns for skin and eyes. The Order was issued under TSCA sections
5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I), based on insufficient
information to make a reasoned evaluation and a finding that the
substances may present an unreasonable risk of injury to human health.
To protect against these risks, the Order requires:
1. Use of personal protective equipment including impervious gloves
(where there is a potential for dermal exposure).
2. Manufacture of the PMN substances only in the physical form of
spherical beads and with less than 0.1% below a particle size of 10
microns.
3. No domestic manufacture of the PMN substances.
4. Process or use of the PMN substances only for the uses specified
in the Order.
The SNUR will designate as a ``significant new use'' the absence of
these protective measures.
Potentially useful information: EPA has determined that certain
information about the human health toxicity of the PMN substances may
be potentially useful to characterize the effects of the substances in
support of a request by the PMN submitter to modify the Order, or
[[Page 43281]]
if a manufacturer or processor is considering submitting a SNUN for a
significant new use that will be designated by this SNUR. EPA has
determined that the results of specific target organ toxicity testing
of the PMN substances may be potentially useful in characterizing the
health effects of the PMN substances. Although the Order does not
require this testing, the Order's restrictions on manufacture,
processing, distribution in commerce, and disposal will remain in
effect until the Order is modified or revoked by EPA based on
submission of this or other information that EPA determines is relevant
and needed to evaluate a modification request.
CFR citations: 40 CFR 721.11050.
PMN Number: P-16-579
Chemical name: Waste plastics, poly(ethylene terephthalate),
depolymd. with polypropylene glycol ether with glycerol (3:1), polymers
with alkenoic and alkanoic acids (generic).
CAS number: Not available.
Effective date of TSCA section 5(e) Order: March 13, 2017.
Basis for TSCA section 5(e) Order: The PMN states that the
substance will be used as an ultraviolet curable coating resin. Based
on test data on similar structural moieties, EPA has identified
concerns for dermal and respiratory sensitization and irritation of
mucous membranes. In addition, EPA has identified human health and
environmental concerns for the substance if made with lower molecular
weight due potential for increased absorption and solubility. The Order
was issued under TSCA sections 5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I),
based on insufficient information to make a reasoned evaluation and a
finding that the substances may present an unreasonable risk of injury
to human health and the environment. To protect against these risks,
the Order requires:
1. Use of personal protective equipment including gloves and
protective clothing (where there is a potential for dermal exposure).
2. Use of a NIOSH-certified full-face respirator with an APF of at
least 50 (where there is a potential for inhalation exposure). (EPA's
estimates indicate that variations of the parameters (including batch
size, number of processing sites, days per year of operation) of the
uses identified below would not result in inhalation exposure that
would indicate a different respirator.)
3. Establishment and use of a hazard communication program,
including human health precautionary statements on each label and in
the SDS.
4. No manufacture of the PMN substance with an average molecular
weight less than 1,100 Daltons.
5. Use of the PMN substance only as an ultraviolet curable coating
resin.
The SNUR will designate as a ``significant new use'' the absence of
these protective measures.
Potentially useful information: EPA has determined that certain
information about the physical-chemical properties and human health and
aquatic toxicity of the PMN substance may be potentially useful to
characterize the effects of the substance in support of a request by
the PMN submitter to modify the Order, or if a manufacturer or
processor is considering submitting a SNUN for a significant new use
that will be designated by this SNUR. EPA has determined that
measurement of certain physical-chemical properties, the results of
specific target organ toxicity, reproductive/developmental toxicity,
sensitization, and acute and chronic aquatic toxicity testing may be
potentially useful in characterizing the health and environmental
effects of the PMN substances. Although the Order does not require
these tests, the Order's restrictions on manufacture, processing,
distribution in commerce, and disposal will remain in effect until the
Order is modified or revoked by EPA based on submission of this or
other information that EPA determines is relevant and needed to
evaluate a modification request.
CFR citation: 40 CFR 721.11051.
PMN Number: P-17-32
Chemical name: 1,3,5-Naphthalenetrisulfonic acid.
CAS number: 6654-64-4.
Effective date of TSCA section 5(e) Order: March 22, 2017.
Basis for TSCA section 5(e) Order: The PMN states that the generic
(non-confidential) use of the substance is for monitoring of oil/gas
well performance. Based on test data on an analog and physical/chemical
properties of the PMN substance, EPA has identified concerns for dermal
and respiratory irritation, developmental toxicity, and blood effects.
The Order was issued under TSCA sections 5(a)(3)(B)(ii)(I) and
5(e)(1)(A)(ii)(I), based on insufficient information to make a reasoned
evaluation and a finding that the substance may present an unreasonable
risk of injury to human health. To protect against these risks, the
Order requires:
1. Submission of certain toxicity testing on the PMN substance
prior to exceeding the confidential production volume limit as
specified in the Order.
2. Use of personal protective equipment including NIOSH-approved
respirator (APF 50) and impervious gloves (where there is a potential
for inhalation or dermal exposure). (EPA's estimates indicate that
variations of the parameters (including batch size, number of
processing sites, days per year of operation) of the uses identified
below would not result in inhalation exposure that would indicate a
different respirator.)
3. Establishment and use of a hazard communication program,
including human health precautionary statements on each label and in
the SDS.
4. No manufacture or processing of the PMN substance beyond a
confidential annual production volume specified in the Order.
5. No manufacture, processing, or use using application methods
that intentionally generate a vapor, mist or aerosol.
The SNUR will designate as a ``significant new use'' the absence of
these protective measures.
Potentially useful information: EPA has determined that certain
information about the human health toxicity of the PMN substance may be
potentially useful to characterize the effects of the PMN substance in
support of a request by the PMN submitter to modify the Order, or if a
manufacturer or processor is considering submitting a SNUN for a
significant new use that will be designated by this SNUR. The submitter
has agreed not to exceed the confidential production limit without
performing specific target organ toxicity and developmental toxicity
testing.
CFR citation: 40 CFR 721.11052.
PMN Numbers: P-17-33, P-17-34, P-17-36, P-17-38, P-17-39, P-17-41, P-
17-42, P-17-43, P-17-45, P-17-47, P-17-50, P-17-52, P-17-55, P-17-57,
P-17-59, P-17-61, P-17-62, P-17-63, P-17-64, P-17-66, P-17-67, P-17-69,
P-17-71, P-17-72, P-17-73, P-17-75, P-17-76, P-17-79, P-17-80, P-17-83,
P-17-85, P-17-87, P-17-90, P-17-91, P-17-93
Chemical names and CAS Numbers:
[[Page 43282]]
------------------------------------------------------------------------
Chemical name CAS No.
------------------------------------------------------------------------
Benzoic acid, 2-fluoro-, sodium salt (1:1) (P-17-33). 6654-64-4
Benzoic acid, 4-fluoro-, sodium salt (1:1) (P-17-34). 499-90-1
Benzoic acid, 2,3,4,5-tetrafluoro-, sodium salt (1:1) 67852-79-3
(P-17-36)...........................................
Benzoic acid, 2-(trifluoromethyl)-, sodium salt (1:1) 2966-44-1
(P-17-38)...........................................
Benzoic acid, 4-(trifluoromethyl)-, sodium salt (1:1) 25832-58-0
(P-17-39)...........................................
Benzoic acid, 2,5-difluoro-, sodium salt (1:1) (P-17- 522651-42-9
41).................................................
Benzoic acid, 3-fluoro-, sodium salt (1:1) (P-17-42). 499-57-0
Benzoic acid, 2,6-difluoro-, sodium salt (1:1) (P-17- 6185-28-0
43).................................................
Benzoic acid, 3,5-difluoro-, sodium salt (1:1) (P-17- 530141-39-0
45).................................................
Benzoic acid, 2,4-difluoro-, sodium salt (1:1) (P-17- 1765-08-8
47).................................................
Benzoic acid, 3,4-difluoro-, sodium salt (1:1) (P-17- 522651-44-1
50).................................................
Benzoic acid, 3,4,5-trifluoro-, sodium salt (1:1) (P- 1180493-12-2
17-52)..............................................
Benzoic acid, 2,3,4-trifluoro-, sodium salt (1:1) (P- 402955-41-3
17-55)..............................................
Benzoic acid, 2,4,5-trifluoro-, sodium salt (1:1) (P- 522651-48-5
17-57)..............................................
Benzoic acid, 2,3-difluoro-, sodium salt (1:1) (P-17- 1604819-08-0
59).................................................
Benzoic acid, 3-(trifluoromethyl)-, sodium salt (1:1) 69226-41-1
(P-17-61)...........................................
Benzoic acid, 2-chloro-, sodium salt (1:1) (P-17-62). 17264-74-3
Benzoic acid, 4-chloro-, sodium salt (1:1) (P-17-63). 3686-66-6
Benzoic acid, 3-chloro-, sodium salt (1:1) (P-17-64). 17264-88-9
Benzoic acid, 2,3-dichloro-, sodium salt (1:1) (P-17- 118537-84-1
66).................................................
Benzoic acid, 2,5-dichloro-, sodium salt (1:1) (P-17- 63891-98-5
67).................................................
Benzoic acid, 3,5-dichloro-, sodium salt (1:1) (P-17- 154862-40-5
69).................................................
Benzoic acid, 2,6-dichloro-, sodium salt (1:1) (P-17- 10007-84-8
71).................................................
Benzoic acid, 3,4-dichloro-, sodium salt (1:1) (P-17- 17274-10-1
72).................................................
Benzoic acid, 2,4-dichloro-, sodium salt (1:1) (P-17- 38402-11-8
73).................................................
Benzoic acid, 2-chloro-4-fluoro-, sodium salt (P-17- 855471-43-1
75).................................................
Benzoic acid, 3-chloro-4-fluoro-, sodium salt (P-17- 1421761-18-3
76).................................................
Benzoic acid, 5-chloro-2-fluoro-, sodium salt (P-17- 1382106-78-6
79).................................................
Benzoic acid, 4-chloro-3-fluoro-, sodium salt (P-17- 1421029-88-0
80).................................................
Benzoic acid, 4-chloro-2-fluoro-, sodium salt (P-17- 1382106-64-0
83).................................................
Benzoic acid, 5-bromo-2-chloro-, sodium salt (P-17- 1938142-12-1
85).................................................
Benzoic acid, 3-bromo-4-fluoro-, sodium salt (P-17- 938142-13-2
87).................................................
Benzoic acid, 2-bromo-5-fluoro-, sodium salt (P-17- 1938142-14-3
90).................................................
Benzoic acid, 4-bromo-2-fluoro-, sodium salt (P-17- 1938142-15-4
91).................................................
Benzoic acid, 4-bromo-3-fluoro-, sodium salt (P-17- 1535169-81-3
93).................................................
------------------------------------------------------------------------
Effective date of TSCA section 5(e) Order: March 22, 2017.
Basis for TSCA section 5(e) Order: The PMNs state that the generic
(non-confidential) use of the substances are for monitoring of oil/gas
well performance. Based on test data on an analog, EPA has identified
concerns for reproductive, developmental and neuro-toxicity, as well as
lung toxicity and dermal irritation. The Order was issued under TSCA
sections 5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I), based on insufficient
information to make a reasoned evaluation and a finding that the
substances may present an unreasonable risk of injury to human health.
EPA assessed risks based on the specific manufacturing, processing,
use, process equipment, engineering controls, and handling practices
(including worker activities and cleaning procedures) described in the
PMN. To protect against these risks, the Order requires:
1. Submission of certain toxicity testing on the PMN substances
prior to exceeding the production volume limit as specified in the
Order.
2. Use of personal protective equipment including impervious gloves
(where there is a potential for dermal exposure).
3. Use of a NIOSH-certified respirator with an APF of at least 50
(where there is a potential for inhalation exposure) or compliance with
a NCEL of 0.0184 ppm as an 8-hour time-weighted average.
4. Use of processes, process equipment, engineering controls, and
handling practices specified in the Order for manufacturing and
processing.
5. Establishment and use of a hazard communication program,
including human health precautionary statements on each label and in
the SDS.
6. No manufacture or process of the PMN substances beyond a
confidential annual production volume specified in the Order.
The SNUR will designate as a ``significant new use'' the absence of
these protective measures.
Potentially useful information: EPA has determined that certain
information about the human health toxicity of the PMN substances may
be potentially useful to characterize the effects of the PMN substances
in support of a request by the PMN submitter to modify the Order, or if
a manufacturer or processor is considering submitting a SNUN for a
significant new use that will be designated by this SNUR. The submitter
has agreed not to exceed the confidential production limit without
performing specific target organ toxicity testing on P-17-0091.
CFR citations: 40 CFR 721.11053.
PMN Numbers: P-17-35, P-17-37, P-17-40, P-17-44, P-17-46, P-17-48, P-
17-51, P-17-53, P-17-54, P-17-56, P-17-58, P-17-60, P-17-65, P-17-68,
P-17-70, P-17-74, P-17-77, P-17-78, P-17-81, P-17-82, P-17-84, P-17-88,
P-17-89, P-17-92, P-17-97
Chemical names and CAS Numbers:
------------------------------------------------------------------------
Chemical name CAS No.
------------------------------------------------------------------------
Benzoic acid, 2,3,4,5-tetrafluoro- (P-17-35)......... 1201-31-6
Benzoic acid, 2-(trifluoromethyl)- (P-17-37)......... 433-97-6
Benzoic acid, 2,5-difluoro- (P-17-40)................ 2991-28-8
Benzoic acid, 2,6-difluoro- (P-17-44)................ 385-00-2
[[Page 43283]]
Benzoic acid, 3,5-difluoro- (P-17-46)................ 455-40-3
Benzoic acid, 2,4-difluoro- (P-17-48)................ 1583-58-0
Benzoic acid, 3,4-difluoro- (P-17-51)................ 455-86-7
Benzoic acid, 3,4,5-trifluoro- (P-17-53)............. 121602-93-5
Benzoic acid, 2,3,4-trifluoro- (P-17-54)............. 61079-72-9
Benzoic acid, 2,4,5-trifluoro- (P-17-56)............. 446-17-3
Benzoic acid, 2,3-difluoro- (P-17-58)................ 4519-39-5
Benzoic acid, 3-(trifluoromethyl)- (P-17-60)......... 454-92-2
Benzoic acid, 2,3-dichloro-(P-17-65)................. 50-45-3
Benzoic acid, 3,5-dichloro- (P-17-68)................ 51-36-5
Benzoic acid, 2,6-dichloro-(P-17-70)................. 50-30-6
Benzoic acid, 2-chloro-4-fluoro- (P-17-74)........... 2252-51-9
Benzoic acid, 5-chloro-2-fluoro- (P-17-77)........... 394-30-9
Benzoic acid, 3-chloro-4-fluoro- (P-17-78)........... 403-16-7
Benzoic acid, 4-chloro-3-fluoro- (P-17-81)........... 403-17-8
Benzoic acid, 4-chloro-2-fluoro- (P-17-82)........... 446-30-0
Benzoic acid, 5-bromo-2-chloro- (P-17-84)............ 21739-92-4
Benzoic acid, 3-bromo-4-fluoro- (P-17-88)............ 11007-16-5
Benzoic acid, 2-bromo-5-fluoro- (P-17-89)............ 394-28-5
Benzoic acid, 4-bromo-3-fluoro- (P-17-92)............ 153556-42-4
Benzoic acid, 4-bromo-2-fluoro- (P-17-97)............ 112704-79-7
------------------------------------------------------------------------
Effective date of TSCA section 5(e) Order: March 22, 2017.
Basis for TSCA section 5(e) Order: The PMNs state that the generic
(non-confidential) use of the substances are for monitoring of oil/gas
well performance. Based on test data on an analog, EPA has identified
concerns for reproductive, developmental and neuro-toxicity, as well as
lung toxicity and dermal irritation. The Order was issued under TSCA
sections 5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I), based on insufficient
information to make a reasoned evaluation and a finding that the
substances may present an unreasonable risk of injury to human health.
EPA assessed risks based on the specific manufacturing, processing,
use, process equipment, engineering controls, and handling practices
(including worker activities and cleaning procedures) described in the
PMN. To protect against these risks, the Order requires:
1. Submission of certain toxicity testing on the PMN substances
prior to exceeding the production volume limit as specified in the
Order.
2. Use of personal protective equipment including impervious gloves
(where there is a potential for dermal exposure).
3. Use of a NIOSH-certified respirator with an APF of at least 50
(where there is a potential for inhalation exposure) or compliance with
a NCEL of 0.0184 ppm as an 8-hour time-weighted average to prevent
inhalation exposure.
4. Use of processes, process equipment, engineering controls, and
handling practices specified in the Order for manufacturing and
processing.
5. Establishment and use of a hazard communication program,
including human health precautionary statements on each label and in
the SDS.
6. No manufacture or process of the PMN substances beyond a
confidential annual production volume specified in the Order.
The SNUR will designate as a ``significant new use'' the absence of
these protective measures.
Potentially useful information: EPA has determined that certain
information about the human health toxicity of the PMN substances may
be potentially useful to characterize the effects of the PMN substances
in support of a request by the PMN submitter to modify the Order, or if
a manufacturer or processor is considering submitting a SNUN for a
significant new use that will be designated by this SNUR. The submitter
has agreed not to exceed the confidential production limit without
performing specific target organ toxicity and reproductive/
developmental toxicity testing on both P-17-35 and P-17-37.
CFR citations: 40 CFR 721.11054.
PMN Numbers: P-17-94, P-17-95, P-17-96, P-17-98, P-17-99, P-17-100, P-
17-101, P-17-102, P-17-103, P-17-104, P-17-105, P-17-114, P-17-122, P-
17-123, P-17-124, P-17-125, P-17-126, P-17-127, P-17-128, P-17-129, P-
17-130, P-17-131, P-17-132, P-17-133, P-17-134, P-17-135, P-17-136, P-
17-137, P-17-138, P-17-139, and P-17-140
Chemical names and CAS Numbers:
------------------------------------------------------------------------
Chemical name CAS No.
------------------------------------------------------------------------
Benzoic acid, 2,3,4,5-tetrafluoro-, ethyl ester (P-17- 122894-73-9
94).................................................
Benzoic acid, 4-(trifluoromethyl)-, ethyl ester (P-17- 583-02-8
95).................................................
Benzoic acid, 2-(trifluoromethyl)-, ethyl ester (P-17- 577-62-8
96).................................................
Benzoic acid, 2,6-difluoro-, ethyl ester (P-17-98)... 19064-14-3
Benzoic acid, 2,5-difluoro-, ethyl ester (P-17-99)... 708-25-8
Benzoic acid, 2,3,4-trifluoro-, ethyl ester (P-17- 351354-50-2
100)................................................
Benzoic acid, 2-bromo-5-fluoro-, ethyl ester (P-17- 351354-50-2
101)................................................
Benzoic acid, 3,5-difluoro-, ethyl ester (P-17-102).. 350-19-6
Benzoic acid, 5-bromo-2-chloro-, ethyl ester (P-17- 76008-73-6
103)................................................
Benzoic acid, 3-chloro-, ethyl ester (P-17-104)...... 1128-76-3
Benzoic acid, 2-chloro-, ethyl ester (P-17-105)...... 7335-25-3
Benzoic acid, 3-chloro-4-fluoro-, ethyl ester (P-17- 137521-81-4
114)................................................
Benzoic acid, 4-bromo-2-fluoro-, ethyl ester (P-17- 474709-71-2
122)................................................
Benzoic acid, 2-bromo-4,5-difluoro-, ethyl ester (P- 144267-97-0
17-123).............................................
Benzoic acid, 4-bromo-3-fluoro-, ethyl ester (P-17- 1130165-74-0
124)................................................
Benzoic acid, 3-bromo-4-fluoro-, ethyl ester (P-17- 23233-33-2
125)................................................
[[Page 43284]]
Benzoic acid, 4-chloro-2-fluoro-, ethyl ester (P-17- 4793-20-8
126)................................................
Benzoic acid, 2,5-dichloro-, ethyl ester (P-17-127).. 35112-27-7
Benzoic acid, 4-chloro-3-fluoro-, ethyl ester (P-17- 203573-08-4
128)................................................
Benzoic acid, 2-chloro-4-fluoro-, ethyl ester (P-17- 167758-87-4
129)................................................
Benzoic acid, 5-chloro-2-fluoro-, ethyl ester (P-17- 773139-56-3
130)................................................
Benzoic acid, 2,4-difluoro-, ethyl ester (P-17-131).. 108928-00-3
Benzoic acid, 3,4-difluoro-, ethyl ester (P-17-132).. 144267-96-9
Benzoic acid, 3,4,5-trifluoro-, ethyl ester (P-17- 495405-09-9
133)................................................
Benzoic acid, 2,4,5-trifluoro-, ethyl ester (P-17- 351354-41-1
134)................................................
Benzoic acid, 3-(trifluoromethyl)-, ethyl ester (P-17- 76783-59-0
135)................................................
Benzoic acid, 2,3-difluoro-, ethyl ester (P-17-136).. 773134-65-9
Benzoic acid, 2,6-dichloro-, ethyl ester (P-17-137).. 81055-73-4
Benzoic acid, 3,5-dichloro-, ethyl ester (P-17-138).. 91085-56-2
Benzoic acid, 2,4-dichloro-, ethyl ester (P-17-139).. 56882-52-1
Benzoic acid, 3,4-dichloro-, ethyl ester (P-17-140).. 28394-58-3
------------------------------------------------------------------------
Effective date of TSCA section 5(e) Order: March 22, 2017.
Basis for TSCA section 5(e) Order: The PMNs state that the
substances are for monitoring oil/gas well performance. Based on test
data on an analog, EPA has identified concerns for reproductive,
developmental and neuro-toxicity, as well as lung toxicity and dermal
irritation. Further, based on SAR analysis of test data on analogous
neutral organics, EPA predicts toxicity to aquatic organisms may occur
at concentrations that exceed 15 ppb of the PMN substances in surface
waters. The Order was issued under TSCA sections 5(a)(3)(B)(ii)(I) and
5(e)(1)(A)(ii)(I), based on insufficient information to make a reasoned
evaluation and a finding that the substances may present an
unreasonable risk of injury to human health and the environment. EPA
assessed risks based on the specific manufacturing, processing, use,
process equipment, engineering controls, and handling practices
(including worker activities and cleaning procedures) described in the
PMNs. To protect against these risks, the Order requires:
1. Submission of certain toxicity testing on the PMN substances
prior to exceeding the production volume limit as specified in the
Order.
2. Use of personal protective equipment including impervious gloves
(where there is a potential for dermal exposure).
3. Use of a NIOSH-certified respirator with an APF of at least
1,000 (where there is a potential for inhalation exposure) or
compliance with a NCEL of 0.0184 ppm as an 8-hour time-weighted
average.
4. Use of processes, process equipment, engineering controls, and
handling practices specified in the Order for manufacturing and
processing.
5. Establishment and use of a hazard communication program,
including human health precautionary statements on each label and in
the SDS.
6. No manufacture or process of the PMN substances beyond a
confidential annual production volume specified in the Order.
7. No release of the PMN substances resulting in surface water
concentrations that exceed 15 ppb.
The SNUR will designate as a ``significant new use'' the absence of
these protective measures.
Potentially useful information: EPA has determined that certain
information about the human health and aquatic toxicity of the PMN
substances may be potentially useful to characterize the effects of the
PMN substances in support of a request by the PMN submitter to modify
the Order, or if a manufacturer or processor is considering submitting
a SNUN for a significant new use that will be designated by this SNUR.
The submitter has agreed not to exceed the confidential production
limit without performing specific target organ toxicity and
reproductive/developmental toxicity testing on P-17-127; specific
target organ toxicity testing on P-17-101; and acute aquatic toxicity
testing on both P-17-101 and P-17-127.
CFR citations: 40 CFR 721.11055.
PMN Number: P-17-198
Chemical name: Neodymium aluminium alkyl polymer complexes
(generic).
CAS number: Not available.
Effective date of TSCA section 5(e) Order: April 27, 2017.
Basis for TSCA section 5(e) Order: The PMN states the generic (non-
confidential) use of the substance will be as a catalyst in a closed
process. Based on physical/chemical properties of the substance and
test data on the PMN substance, EPA has identified concerns for dermal
and respiratory irritation, corrosion, developmental toxicity, and lung
effects. The Order was issued under TSCA sections 5(a)(3)(B)(ii)(I) and
5(e)(1)(A)(ii)(I), based on insufficient information to make a reasoned
evaluation and a finding that the substance may present an unreasonable
risk of injury to human health. To protect against these risks, the
Order requires:
1. Submission of glove permeation testing on the PMN substance
prior to exceeding the production volume limit as specified in the
Order.
2. Use of personal protective equipment including impervious gloves
(where there is a potential for dermal exposure).
3. Establishment and use of a hazard communication program,
including human health precautionary statements on each label and in
the SDS.
4. No domestic manufacture of the PMN substance.
5. No use in any manner or method where there is potential for
inhalation exposure.
6. Use of the PMN substance in a closed system as specified in the
PMN.
The SNUR will designate as a ``significant new use'' the absence of
these protective measure.
Potentially useful information: EPA has determined that the results
of glove permeability testing will help characterize the effectiveness
of protective measures to mitigate human health risk of the PMN
substance in support of a request by the PMN submitter to modify the
Order, or if a manufacturer or processor is considering submitting a
SNUN for a significant new use that will be designated by this SNUR.
The submitter has agreed not to manufacture beyond a certain time
period without performing glove permeability testing.
CFR citation: 40 CFR 721.11056.
PMN Numbers: P-17-272, P-17-273, P-17-274, P-17-275, P-17-276 and P-17-
277
Chemical name: Fatty acid amide alkyl amine salts (generic).
CAS numbers: Not available.
[[Page 43285]]
Effective date of TSCA section 5(e) Order: August 4, 2017.
Basis for TSCA section 5(e) Order: The PMNs state that the generic
(non-confidential) use of the substances will be as a component in
asphalt emulsion. Based on SAR analysis of test data on analogous
substances, EPA has identified concerns for dermal and respiratory
irritation, corrosion, developmental toxicity, systemic effect,
sensitization and lung effects. The Order was issued under TSCA
sections 5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I), based on insufficient
information to make a reasoned evaluation and a finding that the
substances may present an unreasonable risk of injury to human health
and environment. To protect against these risks, the Order requires:
1. Use of the PMN substances only for the use specified in the
Order.
2. Use of personal protective equipment for workers exposed
dermally to the PMN substances (including impervious gloves, chemical
goggles or equivalent eye protection and clothing which covers any
other exposed areas of the arms and torso).
3. No modification of the manufacture, process or use of the PMN
substances if it results in inhalation exposure to vapor, dust, mist or
aerosol.
4. Establishment and use of a hazard communication program,
including human health precautionary statements on each label and in
the SDS.
5. No release of the PMN substances into the waters of the United
States.
The SNUR will designate as a ``significant new use'' the absence of
these protective measures.
Potentially useful information: EPA has determined that certain
information about the human health and aquatic toxicity of the PMN
substances may be potentially useful to characterize the effects of the
PMN substances in support of a request by the PMN submitter to modify
the Order, or if a manufacturer or processor is considering submitting
a SNUN for a significant new use that will be designated by this SNUR.
EPA has determined that the results of specific target organ toxicity
testing of the PMN substances, and acute and chronic aquatic toxicity
testing of the PMN substances may be potentially useful in
characterizing the health and environmental effects of the PMN
substances. Although the Order does not require these tests, the
Order's restrictions on manufacture, processing and distribution in
commerce, will remain in effect until the Order is modified or revoked
by EPA based on submission of this or other information that EPA
determines is relevant and needed to evaluate a modification request.
CFR citations: 40 CFR 721.11057.
PMN Numbers: P-17-278, P-17-279 and P-17-280
Chemical name: Fatty acid derived imidazoline salts (generic).
CAS numbers: Not available.
Effective date of TSCA section 5(e) Order: August 4, 2017.
Basis for TSCA section 5(e) Order: The PMNs state that the generic
(non-confidential) use of the substances will be as a component in
asphalt emulsion. Based on SAR analysis of test data on analogous
substances, EPA has identified concerns for irritation, corrosion,
developmental toxicity, systemic effect, sensitization and lung
effects. The Order was issued under TSCA sections 5(a)(3)(B)(ii)(I) and
5(e)(1)(A)(ii)(I), based on insufficient information to make a reasoned
evaluation and a finding that the substances may present an
unreasonable risk of injury to human health and environment. To protect
against these risks, the Order requires:
1. Use of the PMN substances only for the use specified in the
Order.
2. Use of personal protective equipment for workers exposed
dermally to the PMN substances (including impervious gloves, chemical
goggles or equivalent eye protection and clothing which covers any
other exposed areas of the arms and torso).
3. No modification of the manufacture, process or use of the PMN
substances if it results in inhalation exposure to vapor, dust, mist or
aerosol.
4. Establishment and use of a hazard communication program,
including human health precautionary statements on each label and in
the SDS.
5. No release of the PMN substances into the waters of the United
States.
The SNUR will designate as a ``significant new use'' the absence of
these protective measures.
Potentially useful information: EPA has determined that certain
information about the human health and aquatic toxicity of the PMN
substances may be potentially useful to characterize the effects of the
PMN substances in support of a request by the PMN submitter to modify
the Order, or if a manufacturer or processor is considering submitting
a SNUN for a significant new use that will be designated by this SNUR.
EPA has determined that the results of specific target organ toxicity
testing and acute and chronic aquatic toxicity testing of the PMN
substances may be potentially useful in characterizing the health and
environmental effects of the PMN substances. Although the Order does
not require these tests, the Order's restrictions on manufacture,
processing and distribution in commerce will remain in effect until the
Order is modified or revoked by EPA based on submission of this or
other information that EPA determines is relevant and needed to
evaluate a modification request.
CFR citations: 40 CFR 721.11058.
VI. Rationale and Objectives of the Rule
A. Rationale
During review of the PMNs submitted for the chemical substances
that are subject to these SNURs, EPA concluded that for all 145
chemical substances regulation was warranted under TSCA section 5(e),
pending the development of information sufficient to make reasoned
evaluations of the health or environmental effects of the chemical
substances. The basis for such findings is outlined in Unit IV. Based
on these findings, TSCA section 5(e) Orders requiring the use of
appropriate exposure controls were negotiated with the PMN submitters.
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 regards to the significant new
uses designated in this rule:
EPA will receive notice of any person's intent to
manufacture or process a listed chemical substance for the described
significant new use before that activity begins.
EPA will have an opportunity to review and evaluate data
submitted in a SNUN before the notice submitter begins manufacturing or
processing a listed chemical substance for the described significant
new use.
EPA will be able to either determine that the prospective
manufacture or processing is not likely to present an unreasonable
risk, or to take necessary regulatory action associated with any other
determination, before the described significant new use of the chemical
substance occurs.
EPA will identify as significant new uses any
manufacturing, processing, use, distribution in commerce, or disposal
that does not conform to the restrictions imposed by the underlying
Orders, consistent with TSCA section 5(f)(4).
Issuance of a SNUR for a chemical substance does not signify that
the chemical substance is listed on the TSCA Chemical Substance
Inventory
[[Page 43286]]
(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 a NOC has not been submitted EPA concludes that the designated
significant new uses are not ongoing.
When chemical substances identified in this rule are added to the
TSCA Inventory, EPA recognizes that, before the rule is effective,
other persons might engage in a use that has been identified as a
significant new use. However, TSCA section 5(e) consent orders have
been issued for all the chemical substances, and the PMN submitters are
prohibited by the TSCA section 5(e) consent orders from undertaking
activities which will be designated as significant new uses. The
identities of 38 of the 145 chemical substances subject to this rule
have been claimed as confidential and EPA has received one post-PMN
bona fide submission (per Sec. Sec. 720.25 and 721.11) for a chemical
substance covered by this action. Based on this, the Agency believes
that it is highly unlikely that any of the significant new uses
described in the regulatory text of this rule are ongoing.
EPA designated August 1, 2018 (the date of public release 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 August 1, 2018, that person will have to cease any
such activity upon the effective date of the final rule. To resume
their activities, these persons will have to first comply with all
applicable SNUR notification requirements and wait until EPA has
conducted a review of the notice, made an appropriate determination on
the notice, and has taken such actions as are required with that
determination.
VIII. Development and Submission of Information
EPA recognizes that TSCA section 5 does not require developing any
particular new information (e.g., generating test data) before
submission of a SNUN. There is an exception: 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 40
CFR 720.50). However, upon review of PMNs and SNUNs, the Agency has the
authority to require appropriate testing. Unit IV. lists potentially
useful information for all SNURs listed here. Descriptions of this
information is 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).
In certain of the TSCA section 5(e) Orders for the chemical
substances regulated under this rule, EPA has established production
volume limits in view of the lack of data on the potential health and
environmental risks that may be posed by the significant new uses or
increased exposure to the chemical substances. These limits cannot be
exceeded unless the PMN submitter first submits the results of
specified tests that would permit a reasoned evaluation of the
potential risks posed by these chemical substances. Under recent TSCA
section 5(e) Orders, each PMN submitter is required to submit each
study at least 14 weeks (earlier TSCA section 5(e) Orders required
submissions at least 12 weeks) before reaching the specified production
limit. The SNURs contain the same production volume limits as the TSCA
section 5(e) Orders. Exceeding these production limits is defined as a
significant new use. Persons who intend to exceed the production limit
must notify the Agency by submitting a SNUN at least 90 days in advance
of commencement of non-exempt commercial manufacture or processing.
Any request by EPA for the triggered and pended testing described
in the Orders was made based on EPA's consideration of available
screening-level data, if any, as well as other available information on
appropriate testing for the PMN substances. Further, any such testing
request on the part of EPA that includes testing on vertebrates was
made after consideration of available toxicity information,
computational toxicology and bioinformatics, and high-throughput
screening methods and their prediction models.
The potentially useful information identified in Unit IV. may not
be the only means of addressing the potential risks of the chemical
substance. However, submitting a SNUN without any test data or other
information may increase the likelihood that EPA will take action under
TSCA section 5(e) 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
[[Page 43287]]
required to keep this information confidential. EPA promulgated a
procedure to deal with the situation where a specific significant new
use is CBI, at Sec. 721.1725(b)(1).
Under these procedures a manufacturer or processor may request EPA
to determine whether a proposed use would be a significant new use
under the rule. The manufacturer or processor must show that it has a
bona fide intent to manufacture or process the chemical substance and
must identify the specific use for which it intends to manufacture or
process the chemical substance. If EPA concludes that the person has
shown a bona fide intent to manufacture or process the chemical
substance, EPA will tell the person whether the use identified in the
bona fide submission would be a significant new use under the rule.
Since most of the chemical identities of the chemical substances
subject to these SNURs are also CBI, manufacturers and processors can
combine the bona fide submission under the procedure in Sec.
721.1725(b)(1) with that under Sec. 721.11 into a single step.
If EPA determines that the use identified in the bona fide
submission would not be a significant new use, i.e., the use does not
meet the criteria specified in the rule for a significant new use, that
person can manufacture or process the chemical substance so long as the
significant new use trigger is not met. In the case of a production
volume trigger, this means that the aggregate annual production volume
does not exceed that identified in the bona fide submission to EPA.
Because of confidentiality concerns, EPA does not typically disclose
the actual production volume that constitutes the use trigger. Thus, if
the person later intends to exceed that volume, a new bona fide
submission would be necessary to determine whether that higher volume
would be a significant new use.
X. SNUN Submissions
According to Sec. 721.1(c), persons submitting a SNUN must comply
with the same notification requirements and EPA regulatory procedures
as persons submitting a PMN, including submission of test data on
health and environmental effects as described in 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
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,
Regulatory Support Division, Office of Mission Support (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 will 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, 14 in FY2017, and 18 in FY2018 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)
[[Page 43288]]
(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).
F. Executive Order 13175
This action does not have Tribal implications because it is not
expected to have substantial direct effects on Indian Tribes. This
action does not significantly nor uniquely affect the communities of
Indian Tribal governments, nor does it involve or impose any
requirements that affect Indian Tribes. Accordingly, the requirements
of Executive Order 13175, entitled ``Consultation and Coordination with
Indian Tribal Governments'' (65 FR 67249, November 9, 2000), do not
apply to this action.
G. Executive Order 13045
This action is not subject to Executive Order 13045, entitled
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), because this is not an
economically significant regulatory action as defined by Executive
Order 12866, and this action does not address environmental health or
safety risks disproportionately affecting children.
H. Executive Order 13211
This action is not subject to Executive Order 13211, entitled
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001), because
this action is not expected to affect energy supply, distribution, or
use and because this action is not a significant regulatory action
under Executive Order 12866.
I. National Technology Transfer and Advancement Act (NTTAA)
In addition, since this action does not involve any technical
standards, NTTAA section 12(d) (15 U.S.C. 272 note), does not apply to
this action.
J. Executive Order 12898
This action does not entail special considerations of environmental
justice related issues as delineated by Executive Order 12898, entitled
``Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations'' (59 FR 7629, February 16,
1994).
XIII. Congressional Review Act
Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.),
EPA will submit a report containing this rule and other required
information to the U.S. Senate, the U.S. House of Representatives, and
the Comptroller General of the United States prior to publication of
the rule in the Federal Register. This action is not a ``major rule''
as defined by 5 U.S.C. 804(2).
List of Subjects
40 CFR Part 9
Environmental protection, Reporting and recordkeeping requirements.
40 CFR Part 721
Environmental protection, Chemicals, Hazardous substances,
Reporting and recordkeeping requirements.
Dated: July 18, 2019.
Tala Henry,
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 Sec. Sec. 721.11024 through 721.11028 and
721.11031through 721.11058 in numerical order under the undesignated
center heading ``Significant New Uses of Chemical Substances'' to read
as follows:
Sec. 9.1 OMB approvals under the Paperwork Reduction Act.
* * * * *
------------------------------------------------------------------------
OMB control
40 CFR citation No.
------------------------------------------------------------------------
* * * * *
Significant New Uses of Chemical Substances
------------------------------------------------------------------------
* * * * *
721.11024............................................... 2070-0012
721.11025............................................... 2070-0012
721.11026............................................... 2070-0012
721.11027............................................... 2070-0012
721.11028............................................... 2070-0012
721.11031............................................... 2070-0012
721.11032............................................... 2070-0012
721.11033............................................... 2070-0012
721.11034............................................... 2070-0012
721.11035............................................... 2070-0012
721.11036............................................... 2070-0012
721.11037............................................... 2070-0012
721.11038............................................... 2070-0012
721.11039............................................... 2070-0012
721.11040............................................... 2070-0012
721.11041............................................... 2070-0012
721.11042............................................... 2070-0012
721.11043............................................... 2070-0012
721.11044............................................... 2070-0012
721.11045............................................... 2070-0012
721.11046............................................... 2070-0012
721.11047............................................... 2070-0012
721.11048............................................... 2070-0012
721.11049............................................... 2070-0012
721.11050............................................... 2070-0012
721.11051............................................... 2070-0012
721.11052............................................... 2070-0012
721.11053............................................... 2070-0012
721.11054............................................... 2070-0012
721.11055............................................... 2070-0012
721.11056............................................... 2070-0012
721.11057............................................... 2070-0012
721.11058............................................... 2070-0012
* * * * *
------------------------------------------------------------------------
* * * * *
PART 721--[AMENDED]
0
3. The authority citation for part 721 continues to read as follows:
Authority: 15 U.S.C. 2604, 2607, and 2625(c).
0
4. Add Sec. 721.11024 to subpart E to read as follows:
[[Page 43289]]
Sec. 721.11024 Polyphosphoric acids, 2-[alkyl-1-oxo-2-propen-1-
yl)oxy]ethyl esters, compds. with N-(aminoiminomethyl)urea (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
polyphosphoric acids, 2-[alkyl-1-oxo-2-propen-1-yl)oxy]ethyl esters,
compds. with N-(aminoiminomethyl)urea (PMN P-14-472) is subject to
reporting under this section for the significant new uses described in
paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1), (3), and (6) (particulate) and (c).
(ii) Hazard communication. Requirements as specified in Sec.
721.72(a) through (f), (g)(1)(i) and (ii), (sensitization), (g)(2)(i)
and (v), (g)(3)(i) and (ii), (g)(4)(i), and (g)(5). Alternative hazard
and warning statements that meet the criteria of the Globally
Harmonized System (GHS) and OSHA Hazard Communication Standard may be
used.
(iii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(h), (q), and (y)(1). It is a significant
new use to have manufacturing activities that result in inhalation
exposure.
(iv) Release to water. Requirements as specified in Sec.
721.90(a)(4), (b)(4), and (c)(4) where N=3.
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (i) and (k) are applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
(3) Determining whether a specific use is subject to this section.
The provisions of Sec. 721.1725(b)(1) apply to paragraph (a)(2)(iii)
of this section.
0
5. Add Sec. 721.11025 to subpart E to read as follows:
Sec. 721.11025 Polyphosphoric acids, 2-[(2-methyl-1-oxo-2-propen-1-
yl)oxy]ethyl esters, compds. with alkyl amino, polymers with Bu
acrylate, N-(hydroxymethyl)propenamide and styrene (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
polyphosphoric acids, 2-[(2-methyl-1-oxo-2-propen-1-yl)oxy]ethyl
esters, compds. with alkyl amino, polymers with Bu acrylate, N-
(hydroxymethyl)propenamide and styrene (PMN P-14-496) is subject to
reporting under this section for the significant new uses described in
paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1), (3), and (6) (particulate) and (c).
(ii) Hazard communication. Requirements as specified in Sec.
721.72(a) through (f), (g)(1)(i) and (ii), (sensitization), (g)(2)(i)
and (v), (g)(3)(i) and (ii), (g)(4)(i), and (g)(5). Alternative hazard
and warning statements that meet the criteria of the Globally
Harmonized System (GHS) and OSHA Hazard Communication Standard may be
used.
(iii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(k), (q), and (y)(1). It is a significant
new use to have manufacturing activities that result in inhalation
exposure.
(iv) Release to water. Requirements as specified in Sec.
721.90(a)(4), (b)(4), and (c)(4) where N=4.
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (i) and (k) are applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
(3) Determining whether a specific use is subject to this section.
The provisions of Sec. 721.1725(b)(1) apply to paragraph (a)(2)(iii)
of this section.
0
6. Add Sec. 721.11026 to subpart E to read as follows:
Sec. 721.11026 Bismuth bromide iodide oxide.
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified as bismuth bromide
iodide oxide (PMN P-14-630, CAS No. 340181-06-8) is subject to
reporting under this section for the significant new uses described in
paragraph (a)(2) of this section. The requirements of this section do
not apply to quantities of the substance after they have been reacted
(cured).
(2) The significant new uses are:
(i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(4), when determining which persons are reasonably likely to
be exposed as required for Sec. 721.63(a)(4), engineering control
measures (e.g., enclosure or confinement of the operation, general and
local ventilation) or administrative control measures (e.g., workplace
policies and procedures) shall be considered and implemented to prevent
exposure, where feasible, (a)(5) (respirators must provide a National
Institute for Occupational Safety and Health (NIOSH) assigned
protection factor (APF) of at least 10), (a)(6) (particulate),
(a)(6)(v) and (vi), (b) (concentration set at 1.0%), and (c).
(A) As an alternative to the respirator requirements in paragraph
(a)(2)(i) of this section, a manufacturer or processor may choose to
follow the new chemical exposure limit (NCEL) provision listed in the
TSCA section 5(e) Order for this substance. The NCEL is 2.4 mg/m\3\ as
an 8-hour time weighted average. Persons who wish to pursue NCELs as an
alternative to Sec. 721.63 respirator requirements may request to do
so under Sec. 721.30. Persons whose Sec. 721.30 requests to use the
NCELs approach are approved by EPA will be required to follow NCELs
provisions comparable to those contained in the corresponding TSCA
section 5(e) Order.
(B) [Reserved]
(ii) Hazard communication. Requirements as specified in Sec.
721.72(a) through (e) (concentration set at 1.0%), (f), (g)(1)(ii),
(g)(2)(ii), (use respiratory protection or maintain workplace airborne
concentrations at or below an 8-hour time-weighted average of 2.4 mg/
m\3\), and (g)(5). Alternative hazard and warning statements that meet
the criteria of the Globally Harmonized System (GHS) and OSHA Hazard
Communication Standard may be used.
(iii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(q). It is a significant new use to vary or
alter, the manufacturing, processing, and use, distribution/
transportation, treatment and disposal processes, process equipment,
engineering controls, and handling practices (including worker
activities and cleaning procedures) described in the PMN in such a way
as to change the magnitude of inhalation exposure. It is a significant
new use to use the substance for a consumer product that generates a
dust, vapor, mist, or aerosol.
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (d) and (f) through
[[Page 43290]]
(i) are applicable to manufacturers and processors of this substance.
(2) Limitations or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
(3) Determining whether a specific use is subject to this section.
The provisions of Sec. 721.1725(b)(1) apply to paragraph (a)(2)(iii)
of this section.
0
7. Add Sec. 721.11027 to subpart E to read as follows:
Sec. 721.11027 Aluminum cobalt lithium nickel oxide.
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified as aluminum cobalt
lithium nickel oxide (PMN P-15-450, CAS No. 177997-13-6) is subject to
reporting under this section for the significant new uses described in
paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1), (3), and (4), when determining which persons are
reasonably likely to be exposed as required for Sec. 721.63(a)(1) and
(4), engineering control measures (e.g., enclosure or confinement of
the operation, general and local ventilation) or administrative control
measures (e.g., workplace policies and procedures) shall be considered
and implemented to prevent exposure, where feasible, (a)(5)
(respirators must provide a National Institute for Occupational Safety
and Health (NIOSH) assigned protection factor (APF) of at least 1,000),
(a)(6) (particulate), (a)(6)(v) and (vi), (b) (concentration set at
0.1%), and (c). It is a significant new use to manufacture or process
the substance without the chemical transfer processes and air
ventilation processes described in the PMN and the exposure monitoring
requirements described in the corresponding TSCA section 5(e) Order.
(A) As an alternative to the respirator requirements in paragraph
(a)(2)(i) of this section, a manufacturer or processor may choose to
follow the new chemical exposure limit (NCEL) provision listed in the
TSCA section 5(e) Order for this substance. The NCEL is 0.000092 mg/
m\3\ as an 8-hour time weighted average. Persons who wish to pursue
NCELs as an alternative to Sec. 721.63 respirator requirements may
request to do so under Sec. 721.30. Persons whose Sec. 721.30
requests to use the NCELs approach are approved by EPA will be required
to follow NCELs provisions comparable to those contained in the
corresponding TSCA section 5(e) Order.
(B) [Reserved]
(ii) Hazard communication. Requirements as specified in Sec.
721.72(a) through (e) (concentration set 0.1%), (f), (g)(1)(ii), (this
substance may cause damage to the lung, kidney, and spleen),
(g)(1)(vii), (g)(2)(i), (ii), and (iii), (when using this substance
wear protective gloves/protective clothing/eye protection/face
protection), the following human health precautionary statement must
appear on the SDS as specified in Sec. 721.72(c): (When using this
substance use respiratory protection or maintain workplace airborne
concentrations at or below an 8-hour time-weighted average of 0.000092
mg/m\3\), (g)(2)(v), and (g)(5). Alternative hazard and warning
statements that meet the criteria of the Globally Harmonized System
(GHS) and OSHA Hazard Communication Standard may be used.
(iii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80. It is a significant new use to
manufacture the substance for a period longer than 24 months.
(iv) Disposal. Requirements as specified in Sec. 721.85(a)(2),
(b)(2), and (c)(2). It is a significant new use to release this
chemical substance to air unless using the chemical transfer and air
ventilation processes described in P-15-0450 including filtering
through a high-efficiency particulate air filter with an efficiency
rate of 99.99% before release to air.
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (j) are applicable to manufacturers and processors
of this substance.
(2) Limitations or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
(3) Determining whether a specific use is subject to this section.
The provisions of Sec. 721.1725(b)(1) apply to paragraph (a)(2)(iii)
of this section.
0
8. Add Sec. 721.11028 to subpart E to read as follows:
Sec. 721.11028 Alkylarylamine (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
alkylarylamine (PMN P-15-705) is subject to reporting under this
section for the significant new uses described in paragraph (a)(2) of
this section.
(2) The significant new uses are:
(i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1), (a)(2)(i), (ii), and (iii), (a)(3) and (4), when
determining which persons are reasonably likely to be exposed as
required for Sec. 721.63(a)(1) and (4), engineering control measures
(e.g., enclosure or confinement of the operation, general and local
ventilation) or administrative control measures (e.g., workplace
policies and procedures) shall be considered and implemented to prevent
exposure, where feasible, (a)(5) (respirators must provide a National
Institute for Occupational Safety and Health (NIOSH) assigned
protection factor (APF) of at least 1,000), (a)(6) (particulate),
(a)(6)(v), (vi), (v), and (vi), (b)(concentration set at 0.1%), and
(c).
(A) As an alternative to the respirator requirements in paragraph
(a)(2)(i) of this section, a manufacturer or processor may choose to
follow the new chemical exposure limit (NCEL) provision listed in the
TSCA section 5(e) Order for this substance. The NCEL is 0.48 mg/m\3\ as
an 8-hour time weighted average. Persons who wish to pursue NCELs as an
alternative to Sec. 721.63 respirator requirements may request to do
so under Sec. 721.30. Persons whose Sec. 721.30 requests to use the
NCELs approach are approved by EPA will be required to follow NCELs
provisions comparable to those contained in the corresponding TSCA
section 5(e) Order.
(B) [Reserved]
(ii) Hazard communication. Requirements as specified in Sec.
721.72(a) through (e) (concentration set at 0.1%), (f), (g)(1)(i),
(ii), (iv), (vi), (vii), and (ix), (g)(2)(i), (ii), and (iii), (use
respiratory protection or maintain workplace airborne concentrations at
or below an 8-hour time-weighted average of 0.48 mg/m\3\), (g)(2)(v),
(g)(3)(ii), (g)(4)(i), and (g)(5). Alternative hazard and warning
statements that meet the criteria of the Globally Harmonized System
(GHS) and OSHA Hazard Communication Standard may be used.
(iii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(o) and (q). It is a significant new use to
use the substance other than as a chemical intermediate or as an
additive and octane booster in aviation fuels.
(iv) Release to water. Requirements as specified in Sec.
721.90(a)(4), (b)(4), and (c)(4) where N=1.
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (i) and (k) are applicable to manufacturers and
processors of this substance.
[[Page 43291]]
(2) Limitations or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
(3) Determining whether a specific use is subject to this section.
The provisions of Sec. 721.1725(b)(1) apply to paragraph (a)(2)(iii)
of this section.
0
9. Add Sec. 721.11029 to subpart E to read as follows:
Sec. 721.11029 Aliphatic N-alkyl urea polymer containing cyclohexyl
groups and trimethoxy silanes (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
aliphatic N-alkyl urea polymer containing cyclohexyl groups and
trimethoxy silanes (PMN P-15-706) is subject to reporting under this
section for the significant new uses described in paragraph (a)(2) of
this section. The requirements of this section do not apply to
quantities of the substance after they have been reacted (cured).
(2) The significant new uses are:
(i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1), (a)(2)(i), (iii), and (iv), (a)(3) and (4), when
determining which persons are reasonably likely to be exposed as
required for Sec. 721.63(a)(1) and (4), engineering control measures
(e.g., enclosure or confinement of the operation, general and local
ventilation) or administrative control measures (e.g., workplace
policies and procedures) shall be considered and implemented to prevent
exposure, where feasible, (a)(5)(respirators must provide a National
Institute for Occupational Safety and Health (NIOSH) assigned
protection factor (APF) of at least 10), (a)(6) (particulate),
(a)(6)(v) and (vi), (b) (concentration set at 1.0%), and (c).
(A) As an alternative to the respirator requirements in paragraph
(a)(2)(i) of this section, a manufacturer or processor may choose to
follow the new chemical exposure limit (NCEL) provision listed in the
TSCA section 5(e) Order for this substance. The NCEL is 0.9 mg/m\3\ as
an 8-hour time weighted average. Persons who wish to pursue NCELs as an
alternative to Sec. 721.63 respirator requirements may request to do
so under Sec. 721.30. Persons whose Sec. 721.30 requests to use the
NCELs approach are approved by EPA will be required to follow NCELs
provisions comparable to those contained in the corresponding TSCA
section 5(e) Order.
(B) [Reserved]
(ii) Hazard communication. Requirements as specified in Sec.
721.72(a) through (e) (concentration set at 1.0%), (f), (g)(1)(ii) and
(ix), (g)(2)(i), (ii), and (iii), (use respiratory protection or
maintain workplace airborne concentrations at or below an 8-hour time-
weighted average of 0.9 mg/m\3\), (g)(2)(v), and (g)(5). Alternative
hazard and warning statements that meet the criteria of the Globally
Harmonized System (GHS) and OSHA Hazard Communication Standard may be
used.
(iii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(k), (o), (p) (594,000 kilograms, P-15-706
and P-15-707 combined), and (t) (250,000 kilograms, P-15-706 and P-15-
707 combined). A significant new use is any manufacture, processing, or
use of the PMN substance with more than 0.1% residual isocyanate by
weight.
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (i) are applicable to manufacturers and processors
of this substance.
(2) Limitations or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
(3) Determining whether a specific use is subject to this section.
The provisions of Sec. 721.1725(b)(1) apply to paragraph (a)(2)(iii)
of this section.
0
10. Add Sec. 721.11030 to subpart E to read as follows:
Sec. 721.11030 Aliphatic N-alkyl urea polymer containing aspartic
ester groups and trimethoxy silanes (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
aliphatic N-alkyl urea polymer containing aspartic ester groups and
trimethoxy silanes (PMN P-15-707) is subject to reporting under this
section for the significant new uses described in paragraph (a)(2) of
this section. The requirements of this section do not apply to
quantities of the substance after they have been reacted (cured).
(2) The significant new uses are:
(i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1), (a)(2)(i), (iii), and (iv), (a)(3) and (4), when
determining which persons are reasonably likely to be exposed as
required for Sec. 721.63(a)(1) and (4), engineering control measures
(e.g., enclosure or confinement of the operation, general and local
ventilation) or administrative control measures (e.g., workplace
policies and procedures) shall be considered and implemented to prevent
exposure, where feasible, (a)(5) (respirators must provide a National
Institute for Occupational Safety and Health (NIOSH) assigned
protection factor (APF) of at least 10), (a)(6)(i), (v), and (vi), (b)
(concentration set at 1.0%), and (c).
(A) As an alternative to the respirator requirements in paragraph
(a)(2)(i) of this section, a manufacturer or processor may choose to
follow the new chemical exposure limit (NCEL) provision listed in the
TSCA section 5(e) Order for this substance. The NCEL is 0.9 mg/m\3\ as
an 8-hour time weighted average. Persons who wish to pursue NCELs as an
alternative to Sec. 721.63 respirator requirements may request to do
so under Sec. 721.30. Persons whose Sec. 721.30 requests to use the
NCELs approach are approved by EPA will be required to follow NCELs
provisions comparable to those contained in the corresponding TSCA
section 5(e) Order.
(B) [Reserved]
(ii) Hazard communication. Requirements as specified in Sec.
721.72(a) through (e) (concentration set at 1.0%), (f), (g)(1)(ii) and
(ix), (g)(2)(i), (ii), and (iii), (use respiratory protection or
maintain workplace airborne concentrations at or below an 8-hour time-
weighted average of 0.9 mg/m\3\), (g)(2)(v), and (g)(5). Alternative
hazard and warning statements that meet the criteria of the Globally
Harmonized System (GHS) and OSHA Hazard Communication Standard may be
used.
(iii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(k), (o), (p) (594,000 kilograms, P-15-706
and P-15-707 combined), and (t)(250,000 kilograms, P-15-706 and P-15-
707 combined). A significant new use is any manufacture, processing, or
use of the PMN substance with more than 1% residual isocyanate by
weight.
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (i) are applicable to manufacturers and processors
of this substance.
(2) Limitations or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
(3) Determining whether a specific use is subject to this section.
The provisions of Sec. 721.1725(b)(1) apply to paragraph (a)(2)(iii)
of this section.
0
11. Add Sec. 721.11031 to subpart E to read as follows:
[[Page 43292]]
Sec. 721.11031 Alkyl heteromonocycle, polymer with heteromonocycle,
carboxyalkyl alkyl ether (generic).
(a) Chemical substances and significant new uses subject to
reporting. (1) The chemical substances identified generically as alkyl
heteromonocycle, polymer with heteromonocycle, carboxyalkyl alkyl ether
(PMNs P-16-273 and P-16-0274) are subject to reporting under this
section for the significant new uses described in paragraph (a)(2) of
this section.
(2) The significant new uses are:
(i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1), (a)(2)(i) and (iii), (a)(3), (b) (concentration set at
1.0%), and (c). When determining which persons are reasonably likely to
be exposed as required for Sec. 721.63(a)(1), engineering control
measures (e.g., enclosure or confinement of the operation, general and
local ventilation) or administrative control measures (e.g., workplace
policies and procedures) shall be considered and implemented to prevent
exposure, where feasible.
(ii) Hazard communication. Requirements as specified in Sec.
721.72(a) through (e) (concentration set at 1.0%), (f), (g)(1)(i) and
(ii), (dermal sensitization), (g)(2)(i), (ii), (iii), and (v),
(g)(3)(i) and (ii), (g)(4)(iii), and (g)(5). Alternative hazard and
warning statements that meet the criteria of the Globally Harmonized
System (GHS) and OSHA Hazard Communication Standard may be used.
(iii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(f). It is a significant new use to use the
substances for the uses specified in the TSCA 5(e) Order, at a
concentration greater than 3% of the metal working fluid and use other
than the closed metal working systems as specified in the PMNs with no
modifications in the process that would result in worker inhalation
exposure.
(iv) Release to water. Requirements as specified in Sec.
721.90(a)(4), (b)(4), and (c)(4) where N=10.
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (i) and (k) are applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
(3) Determining whether a specific use is subject to this section.
The provisions of Sec. 721.1725(b)(1) apply to paragraph (a)(2)(iii)
of this section.
0
12. Add Sec. 721.11032 to subpart E to read as follows:
Sec. 721.11032 Benzene dicarboxylic acid, polymer with alkane dioic
acid and aliphatic diamine (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified as generically as
benzene dicarboxylic acid, polymer with alkane dioic acid and aliphatic
diamine (PMN P-16-289) is subject to reporting under this section for
the significant new uses described in paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(k) (manufacture only in a form with a
particle size distribution where less than 1.0 percent of the particles
are less than 10 microns). It is a significant new use to manufacture
the substance for a period longer than six months.
(ii) [Reserved]
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (c) and (i) are applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
0
13. Add Sec. 721.11033 to subpart E to read as follows:
Sec. 721.11033 Manganese cyclic (tri)amine chloride complex
(generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
manganese cyclic (tri)amine chloride complex (PMN P-16-322) is subject
to reporting under this section for the significant new uses described
in paragraph (a)(2) of this section. The requirements of this section
do not apply to quantities of the substance after they have been
reacted (cured).
(2) The significant new uses are:
(i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1), (3), and (4), when determining which persons are
reasonably likely to be exposed as required for Sec. 721.63(a)(1) and
(4), engineering control measures (e.g., enclosure or confinement of
the operation, general and local ventilation) or administrative control
measures (e.g., workplace policies and procedures) shall be considered
and implemented to prevent exposure, where feasible, (a)(5)(respirators
must provide a National Institute for Occupational Safety and Health
(NIOSH) assigned protection factor (APF) of at least 25), (a)(6)
(particulate), (a)(6)(v) and (vi), (b) (concentration set at 1.0%), and
(c).
(A) As an alternative to the respirator requirements in paragraph
(a)(2)(i) of this section, a manufacturer or processor may choose to
follow the new chemical exposure limit (NCEL) provision listed in the
TSCA section 5(e) Order for this substance. The NCEL is 1.2 mg/m\3\ as
an 8-hour time weighted average. Persons who wish to pursue NCELs as an
alternative to Sec. 721.63 respirator requirements may request to do
so under Sec. 721.30. Persons whose Sec. 721.30 requests to use the
NCELs approach are approved by EPA will be required to follow NCELs
provisions comparable to those contained in the corresponding TSCA
section 5(e) Order.
(B) [Reserved]
(ii) Hazard communication. Requirements as specified in Sec.
721.72(a) through (e) (concentration set at 1.0%), (f), (g)(1)(iv),
(vi), (viii), and (ix), (g)(2)(i), (ii), and (iii), (use respiratory
protection or maintain workplace airborne concentrations at or below an
8-hour time-weighted average of 1.2 mg/m\3\), (g)(2)(v), (g)(3) (this
substance may be toxic to algae. This substance may be harmful to
invertebrates), (g)(4)(i) and (ii), (do not release to water to yield
surface water concentrations above 18 ppb.), and (g)(5). Alternative
hazard and warning statements that meet the criteria of the Globally
Harmonized System (GHS) and OSHA Hazard Communication Standard may be
used.
(iii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(f), (k), and (q).
(iv) Release to water. Requirements as specified in Sec.
721.90(a)(4), (b)(4), and (c)(4) where N=18.
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (i) and (k) are applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
(3) Determining whether a specific use is subject to this section.
The provisions of Sec. 721.1725(b)(1) apply to paragraph (a)(2)(iii)
of this section.
[[Page 43293]]
0
14. Add Sec. 721.11034 to subpart E to read as follows:
Sec. 721.11034 Xanthylium, (sulfoaryl)--bis [(substituted aryl)
amino]-, sulfo derivs., inner salts, metal salts (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
xanthylium, (sulfoaryl)--bis [(substituted aryl) amino]-, sulfo
derivs., inner salts, metal salts (PMN P-16-338) is subject to
reporting under this section for the significant new uses described in
paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(f), (k), and (t).
(ii) Release to water. Requirements as specified in Sec.
721.90(a)(1), (b)(1), and (c)(1).
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (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.
0
15. Add Sec. 721.11035 to subpart E to read as follows:
Sec. 721.11035 Substituted triazinyl metal salt, diazotized, coupled
with substituted pyridobenzimidazolesulfonic acids, substituted
pyridobenzimidazolesulfonic acids, diazotized substituted
alkanesulfonic acid, diazotized substituted aromatic sulfonate,
diazotized substituted aromatic sulfonate, metal salts (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
substituted triazinyl metal salt, diazotized, coupled with substituted
pyridobenzimidazolesulfonic acids, substituted
pyridobenzimidazolesulfonic acids, diazotized substituted
alkanesulfonic acid, diazotized substituted aromatic sulfonate,
diazotized substituted aromatic sulfonate, metal salts (PMN P-16-339)
is subject to reporting under this section for the significant new uses
described in paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(f), (k), and (t).
(ii) Release to water. Requirements as specified in Sec.
721.90(a)(1), (b)(1), and (c)(1).
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (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.
0
16. Add Sec. 721.11036 to subpart E to read as follows:
Sec. 721.11036 Carbon black, (organic acidic carbocyclic)-modified,
inorganic salt (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as carbon
black, (organic acidic carbocyclic)-modified, inorganic salt (PMN P-16-
439) is subject to reporting under this section for the significant new
uses described in paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(f), (k), and (t).
(ii) Release to water. Requirements as specified in Sec.
721.90(a)(1), (b)(1), and (c)(1).
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (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.
0
17. Add Sec. 721.11037 to subpart E to read as follows:
Sec. 721.11037 Carbon black, (organic acidic carbocyclic)-modified,
metal salt (generic).
(a) Chemical substance and significant new uses subject to
reporting.
(1) The chemical substance identified generically as carbon black,
(organic acidic carbocyclic)-modified, metal salt (PMN P-16-440) is
subject to reporting under this section for the significant new uses
described in paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(f), (k), and (t).
(ii) Release to water. Requirements as specified in Sec.
721.90(a)(1), (b)(1), and (c)(1).
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (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.
0
18. Add Sec. 721.11038 to subpart E to read as follows:
Sec. 721.11038 Polyaralkyl aryl ester of methacrylic acid (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified as generically as
polyaralkyl aryl ester of methacrylic acid (PMN P-16-350) is subject to
reporting under this section for the significant new uses described in
paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1), (a)(2)(i), (a)(3), when determining which persons are
reasonably likely to be exposed as required for Sec. 721.63(a)(1),
engineering control measures (e.g., enclosure or confinement of the
operation, general and local ventilation) or administrative control
measures (e.g., workplace policies and procedures) shall be considered
and implemented to prevent exposure, where feasible, and (c).
(ii) Hazard communication. Requirements as specified in Sec.
721.72(a) through (d), (f), (g)(1)(i) and (ii), (sensitization),
(mutagenicity), (g)(2)(i), (ii), (iii), and (v), and (g)(5).
Alternative hazard and warning statements that meet the criteria of the
Globally Harmonized System (GHS) and OSHA Hazard Communication Standard
may be used.
[[Page 43294]]
(iii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(k). It is a significant new use to
manufacture the substance lower than the minimum average molecular
weight identified in the corresponding TSCA section 5(e) Order and to
contain more than the maximum weight percent of low molecular weight
species below 1,000 daltons identified in the Order.
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (i) are applicable to manufacturers and processors
of this substance.
(2) Limitations or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
(3) Determining whether a specific use is subject to this section.
The provisions of Sec. 721.1725(b)(1) apply to paragraph (a)(2)(iii)
of this section.
0
19. Add Sec. 721.11039 to subpart E to read as follows:
Sec. 721.11039 Phenol, 2-[[[3-(octyloxy)propyl]imino]methyl]-.
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified as phenol, 2-[[[3-
(octyloxy)propyl]imino]methyl]- (PMN P-16-352, chemical A; CAS No.
1858221-49-4) is subject to reporting under this section for the
significant new uses described in paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1), (a)(2)(i), (a)(3), (a)(6) (particulate), (a)(6)(v) and
(vi), (b) (concentration set at 1.0%), and (c). When determining which
persons are reasonably likely to be exposed as required for Sec.
721.63(a)(1), engineering control measures (e.g., enclosure or
confinement of the operation, general and local ventilation) or
administrative control measures (e.g., workplace policies and
procedures) shall be considered and implemented to prevent exposure,
where feasible.
(ii) Hazard communication. Requirements as specified in Sec.
721.72(a) through (e) (concentration set at 1.0%), (f), (g)(1)(i),
(iv), (vi), and (ix), (g)(2)(i) and (v), (g)(3)(i) and (ii), and
(g)(5). Alternative hazard and warning statements that meet the
criteria of the Globally Harmonized System (GHS) and OSHA Hazard
Communication Standard may be used.
(iii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(f), (p)(10,500 and 13,000 kilograms,
respectively, for the total of this substance and the substance subject
to Sec. 721.11040), (t)(250 kilograms for the total of this substance
and the substance subject to Sec. 721.11040), and (y)(1).
(iv) Release to water. Requirements as specified in Sec.
721.90(a)(4), (b)(4), and (c)(4) where N=1.
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (i) and (k) are applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
0
20. Add Sec. 721.11040 to subpart E to read as follows:
Sec. 721.11040 Phenol, 2-[[[3-(decyloxy)propyl]imino]methyl]-.
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified as phenol, 2-[[[3-
(decyloxy)propyl]imino]methyl]- (PMN P-16-352, chemical B; CAS No.
1858221-50-7) is subject to reporting under this section for the
significant new uses described in paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1), (a)(2)(i), (a)(3), (a)(6) (particulate), (a)(6)(v) and
(vi), (b) (concentration set at 1.0%), and (c). When determining which
persons are reasonably likely to be exposed as required for Sec.
721.63(a)(1), engineering control measures (e.g., enclosure or
confinement of the operation, general and local ventilation) or
administrative control measures (e.g., workplace policies and
procedures) shall be considered and implemented to prevent exposure,
where feasible.
(ii) Hazard communication. Requirements as specified in Sec.
721.72(a) through (e) (concentration set at 1.0%), (f), (g)(1)(i),
(iv), (vi), and (ix), (g)(2)(i) and (v), (g)(3)(i) and (ii), and
(g)(5). Alternative hazard and warning statements that meet the
criteria of the Globally Harmonized System (GHS) and OSHA Hazard
Communication Standard may be used.
(iii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(f), (p) (10,500 and 13,000 kilograms
respectively for the total of this substance and the substance subject
to Sec. 721.11039), (t) (250 kilograms for the total of this substance
and the substance subject to Sec. 721.11039), and (y)(1).
(iv) Release to water. Requirements as specified in Sec.
721.90(a)(4), (b)(4), and (c)(4) where N=1.
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (i) and (k) are applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
0
21. Add Sec. 721.11041 to subpart E to read as follows:
Sec. 721.11041 Alkyl phenol (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as alkyl
phenol (PMN P-16-358) is subject to reporting under this section for
the significant new uses described in paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1), (a)(2)(i), (iii), and (iv), (a)(3), when determining
which persons are reasonably likely to be exposed as required for Sec.
721.63(a)(1), engineering control measures (e.g., enclosure or
confinement of the operation, general and local ventilation) or
administrative control measures (e.g., workplace policies and
procedures) shall be considered and implemented to prevent exposure,
where feasible, (b)(concentration set at 1.0%), and (c).
(ii) Hazard communication. Requirements as specified in Sec.
721.72(a) through (e) (concentration set at 1.0%), (f), (g)(1)(ix),
(g)(2)(i), (ii), (iii), and (v), (g)(4)(iii), and (g)(5). Alternative
hazard and warning statements that meet the criteria of the Globally
Harmonized System (GHS) and OSHA Hazard Communication Standard may be
used.
(iii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(a) through (c), (g), (q), and (y)(1) and
(2).
(iv) Release to water. Requirements as specified in Sec.
721.90(a)(1), (b)(1), and (c)(1).
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
[[Page 43295]]
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (i) and (k) are applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
(3) Determining whether a specific use is subject to this section.
The provisions of Sec. 721.1725(b)(1) apply to paragraph (a)(2)(iii)
of this section.
0
22. Add Sec. 721.11042 to subpart E to read as follows:
Sec. 721.11042 Nitrile-butadiene-acrylate terpolymers (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
nitrile-butadiene-acrylate terpolymers PMN P-16-364) is subject to
reporting under this section for the significant new uses described in
paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Hazard communication. Requirements as specified in Sec.
721.72(a) through (e)(concentration set at 1.0%), (f), (g)(1)(ii),
(g)(2)(ii), and (g)(5). Alternative hazard and warning statements that
meet the criteria of the Globally Harmonized System (GHS) and OSHA
Hazard Communication Standard may be used.
(ii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(h), (k) (manufacture of the substance with
a particle size distribution where greater than 5.0 percent of the
particles are less than 10 microns).
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (c) and (f) through (i) are applicable to
manufacturers and processors of this substance.
(2) Limitations or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
0
23. Add Sec. 721.11043 to subpart E to read as follows:
Sec. 721.11043 Starch, polymer with 2-propenoic acid, potassium
salt, oxidized.
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified as starch, polymer
with 2-propenoic acid, potassium salt, oxidized (PMN P-16-399, CAS No.
1638117-09-5) is subject to reporting under this section for the
significant new uses described in paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1), (a)(6) (particulate), (a)(6)(v) and (vi), when
determining which persons are reasonably likely to be exposed as
required for Sec. 721.63(a)(1), engineering control measures (e.g.,
enclosure or confinement of the operation, general and local
ventilation) or administrative control measures (e.g., workplace
policies and procedures) shall be considered and implemented to prevent
exposure, where feasible, (b)(concentration set at 1.0%), and (c).
(ii) Hazard communication. Requirements as specified in Sec.
721.72(a) through (d), (e)(concentration set 1.0%), (f), (g)(1)(ii),
(g)(2)(ii), and (g)(5). Alternative hazard and warning statements that
meet the criteria of the Globally Harmonized System (GHS) and OSHA
Hazard Communication Standard may be used.
(iii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(k) (manufacture of the substance with a
particulate size less than 30 microns). It is a significant new use to
manufacture the substance for a period longer than 12 months.
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (d) and (f) through (i) are applicable to
manufacturers and processors of this substance.
(2) Limitations or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
0
24. Add Sec. 721.11044 to subpart E to read as follows:
Sec. 721.11044 Pentanedioic acid, 2-methyl-.
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified as pentanedioic acid,
2-methyl- (PMN P-16-430, CAS No. 617-62-9) is subject to reporting
under this section for the significant new uses described in paragraph
(a)(2) of this section.
(2) The significant new uses are:
(i) Protection in the workplace. Requirements as specified in Sec.
721.63 (a)(1), (a)(2)(i), (a)(3) and (4), when determining which
persons are reasonably likely to be exposed as required for Sec.
721.63(a)(1) and (4), engineering control measures (e.g., enclosure or
confinement of the operation, general and local ventilation) or
administrative control measures (e.g., workplace policies and
procedures) shall be considered and implemented to prevent exposure,
where feasible, (a)(5)(respirators must provide a National Institute
for Occupational Safety and Health (NIOSH) assigned protection factor
(APF) of at least 10), (a)(6) (particulate), (a)(6)(v) and (vi), (b)
(concentration set at 1.0%), and (c).
(ii) Hazard communication. Requirements as specified in Sec.
721.72(a) through (e) (concentration set at 1.0%), (f), (g)(1)(i),
(ii), and (vi), (g)(2)(i), (ii), (iii), (iv), and (v), (g)(3)(i) and
(ii), (g)(4)(i), and (g)(5). Alternative hazard and warning statements
that meet the criteria of the Globally Harmonized System (GHS) and OSHA
Hazard Communication Standard may be used.
(iii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(f) and (k)(import of the substance at or
below the maximum concentration specified in the corresponding TSCA
section 5(e) Order).
(iv) Release to water. Requirements as specified in Sec.
721.90(a)(4), (b)(4), and (c)(4) where N=14.
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (i), and (k) are applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
(3) Determining whether a specific use is subject to this section.
The provisions of Sec. 721.1725(b)(1) apply to paragraph (a)(2)(iii)
of this section.
0
25. Add Sec. 721.11045 to subpart E to read as follows:
Sec. 721.11045 2-Pentanol, 4-methyl-, reaction products with
phosphorus oxide (P2O5), compounds with alkylamine (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified as generically as 2-
pentanol, 4-methyl-, reaction products with phosphorus oxide (P2O5),
compounds with alkylamine (PMN P-16-495) is subject to reporting under
this section for the significant new uses described in paragraph (a)(2)
of this section.
(2) The significant new uses are:
(i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1) and (3), when determining which persons are reasonably
likely to be exposed as required for
[[Page 43296]]
Sec. 721.63(a)(1), engineering control measures (e.g., enclosure or
confinement of the operation, general and local ventilation) or
administrative control measures (e.g., workplace policies and
procedures) shall be considered and implemented to prevent exposure,
where feasible, (a)(6) (particulate), (b) (concentration set at 1.0%),
and (c).
(ii) Hazard communication. Requirements as specified in Sec.
721.72(a) through (e) (concentration set at 1.0%), (f), (g)(1)(i),
(ii), and (iv), (g)(2)(i), (ii), and (v), (g)(3)(i) and (ii),
(g)(4)(i), and (g)(5). Alternative hazard and warning statements that
meet the criteria of the Globally Harmonized System (GHS) and OSHA
Hazard Communication Standard may be used.
(iii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(k), (q), and (y)(1). A significant new use
is any manner or method of manufacturing that results in inhalation
exposure.
(iv) Release to water. Requirements as specified in Sec.
721.90(a)(4), (b)(4), and (c)(4) where N=200.
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (i) and (k) are applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
(3) Determining whether a specific use is subject to this section.
The provisions of Sec. 721.1725(b)(1) apply to paragraph (a)(2)(iii)
of this section.
0
26. Add Sec. 721.11046 to subpart E to read as follows:
Sec. 721.11046 Hydroxy alkylbiphenyl (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as hydroxy
alkylbiphenyl (PMN P-16-513) is subject to reporting under this section
for the significant new uses described in paragraph (a)(2) of this
section.
(2) The significant new uses are:
(i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1), (3), and (4), when determining which persons are
reasonably likely to be exposed as required for Sec. 721.63(a)(1) and
(4), engineering control measures (e.g., enclosure or confinement of
the operation, general and local ventilation) or administrative control
measures (e.g., workplace policies and procedures) shall be considered
and implemented to prevent exposure, where feasible, (a)(5)
(respirators must provide a National Institute for Occupational Safety
and Health (NIOSH) assigned protection factor (APF) of at least 50),
(a)(6) (particulate), (a)(6)(v) and (vi), (b) (concentration set at
1.0%), and (c).
(ii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(g) and (q).
(iii) Release to water. Requirements as specified in Sec.
721.90(a)(4), (b)(4), and (c)(4) where N=17.
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (e), (i), and (k) are applicable to manufacturers
and processors of this substance.
(2) Limitations or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
(3) Determining whether a specific use is subject to this section.
The provisions of Sec. 721.1725(b)(1) apply to paragraph (a)(2)(ii) of
this section.
0
27. Add Sec. 721.11047 to subpart E to read as follows:
Sec. 721.11047 Alkyl alkenoic acid, polymer with
alkenylcarbomonocycle telomer with substituted alkanoic acid hydroxyl
alkyl substituted alkenyl substituted alkyl ester, polyalkylene glycol
alkyl ether alkyl alkenoate, dialkylene glycol diheteromonocyclic ether
and alkylcarbomonocyclic alkenoate, metal salt (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as alkyl
alkenoic acid, polymer with alkenylcarbomonocycle telomer with
substituted alkanoic acid hydroxyl alkyl substituted alkenyl
substituted alkyl ester, polyalkylene glycol alkyl ether alkyl
alkenoate, dialkylene glycol diheteromonocyclic ether and
alkylcarbomonocyclic alkenoate, metal salt (PMN P-16-534) is subject to
reporting under this section for the significant new uses described in
paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(f) and (k). It is a significant new use to
manufacture the substance such that the lowest number average molecular
weight is less than 1,800 daltons and the carboxylic acid content
exceeds 20 percent.
(ii) [Reserved]
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (c) and (i) are applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
(3) Determining whether a specific use is subject to this section.
The provisions of Sec. 721.1725(b)(1) apply to paragraph (a)(2)(iii)
of this section.
0
28. Add Sec. 721.11048 to subpart E to read as follows:
Sec. 721.11048 Alkyl alkenoic acid, polymer with
alkenylcarbomonocycle telomer with substituted alkanoic acid hydroxyl
alkyl substituted alkenyl substituted alkyl ester, alkanediol
diheteromonocyclic ether, polyalkylene glycol alkyl ether alkyl
alkenoate and alkylcarbomonocyclic alkenoate, metal salt (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as alkyl
alkenoic acid, polymer with alkenylcarbomonocycle telomer with
substituted alkanoic acid hydroxyl alkyl substituted alkenyl
substituted alkyl ester, alkanediol diheteromonocyclic ether,
polyalkylene glycol alkyl ether alkyl alkenoate and
alkylcarbomonocyclic alkenoate, metal salt (PMN P-16-535) is subject to
reporting under this section for the significant new uses described in
paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(f) and (k). It is a significant new use to
manufacture the substance such that the lowest number average molecular
weight is less than 1,800 daltons and the carboxylic acid content
exceeds 20 percent.
(ii) [Reserved]
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (c) and (i) are applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
(3) Determining whether a specific use is subject to this section.
The provisions
[[Page 43297]]
of Sec. 721.1725(b)(1) apply to paragraph (a)(2)(iii) of this section.
0
29. Add Sec. 721.11049 to subpart E to read as follows:
Sec. 721.11049 Alkyl alkenoic acid, polymer with bis
heteromonocyclic substituted alkyl carbomonocycle,
alkenylcarbomonocycle telomer with substituted alkanoic acid hydroxyl
alkyl substituted alkenyl substituted alkyl ester, polyalkylene glycol
alkyl ether alkyl alkenoate and alkylcarbomonocyclic alkenoate, metal
salt (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as alkyl
alkenoic acid, polymer with bis heteromonocyclic substituted alkyl
carbomonocycle, alkenylcarbomonocycle telomer with substituted alkanoic
acid hydroxyl alkyl substituted alkenyl substituted alkyl ester,
polyalkylene glycol alkyl ether alkyl alkenoate and
alkylcarbomonocyclic alkenoate, metal salt (PMN P-16-536) is subject to
reporting under this section for the significant new uses described in
paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(f) and (k). It is a significant new use to
manufacture the substance such that the lowest number average molecular
weight is less than 1,800 daltons, and the carboxylic acid content
exceeds 20 percent.
(ii) [Reserved]
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (c) and (i) are applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
(3) Determining whether a specific use is subject to this section.
The provisions of Sec. 721.1725(b)(1) apply to paragraph (a)(2)(iii)
of this section.
0
30. Add Sec. 721.11050 to subpart E to read as follows:
Sec. 721.11050 Certain functionalized methacrylate-substituted
polymers.
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substances listed in Table 1 of this
section is subject to reporting under this section for the significant
new uses described in paragraph (a)(2) of this section. The
requirements of this section do not apply to quantities of the
substances after they have been reacted (cured).
Table 1 to Sec. 721.11050--Functionalized Methacrylate-Substituted
Polymers
------------------------------------------------------------------------
PMN No. Chemical name
------------------------------------------------------------------------
P-16-549.................... Alkaline functionalized methacrylate-
substituted polymer (generic).
P-16-550.................... Alkaline functionalized methacrylate-
substituted polymer (generic).
P-16-551.................... Alkaline functionalized methacrylate-
substituted polymer (generic).
P-16-553.................... Quaternary alkylamine functionalized
methacrylate-substituted polymer
(generic).
P-16-555.................... Neutral alcohol functionalized
methacrylate-substituted polymer
(generic).
P-16-556.................... Neutral alcohol functionalized
methacrylate-substituted polymer
(generic).
P-16-557.................... Neutral alkyl salt functionalized
methacrylate-substituted polymer
(generic).
P-16-558.................... Neutral alkyl salt functionalized
methacrylate-substituted polymer
(generic).
P-16-560.................... Neutral alkyl salt functionalized
methacrylate-substituted polymer
(generic).
P-16-561.................... Acid functionalized methacrylate-
substituted polymer (generic).
P-16-562.................... Acid functionalized methacrylate-
substituted polymer (generic).
P-16-563.................... Acid functionalized methacrylate-
substituted polymer (generic).
P-16-564.................... Acid functionalized methacrylate-
substituted polymer (generic).
P-16-565.................... Acid functionalized methacrylate-
substituted polymer (generic).
P-16-567.................... Alkylamine functionalized methacrylate-
substituted polymer (generic).
------------------------------------------------------------------------
(2) The significant new uses are:
(i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1), (a)(2)(i) and (iii), (a)(3), when determining which
persons are reasonably likely to be exposed as required for Sec.
721.63(a)(1), engineering control measures (e.g., enclosure or
confinement of the operation, general and local ventilation) or
administrative control measures (e.g., workplace policies and
procedures) shall be considered and implemented to prevent exposure,
where feasible, (a)(6) (particulate), (b) (concentration set at 1.0%),
and (c).
(ii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(f) and (k) (crosslinked resin used for
chromatographic separation of biomolecules and biocatalysts). It is a
significant new use to import the substance in any form other than
spherical beads with 0.1 percent less than 10 microns.
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (e) and (i) are applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
0
31. Add Sec. 721.11051 to subpart E to read as follows:
Sec. 721.11051 Waste plastics, poly(ethylene terephthalate),
depolymd. with polypropylene glycol ether with glycerol (3:1), polymers
with alkenoic and alkanoic acids (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as waste
plastics, poly(ethylene terephthalate), depolymd. with polypropylene
glycol ether with glycerol (3:1), polymers with alkenoic and alkanoic
acids (PMN P-16-579) is subject to reporting under this section for the
significant new uses described in paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1), (a)(2)(i), (a)(3) and (4), when determining which persons
are reasonably likely to be exposed as required for Sec. 721.63(a)(1)
and (4), engineering control measures (e.g., enclosure or confinement
of the operation, general and local ventilation) or administrative
control measures (e.g., workplace policies and procedures) shall be
considered and implemented to prevent exposure, where feasible, (a)(5)
(respirators must provide a National
[[Page 43298]]
Institute for Occupational Safety and Health (NIOSH) assigned
protection factor (APF) of at least 50), (a)(6) (particulate), (b)
(concentration set 1.0%), and (c).
(ii) Hazard communication. Requirements as specified in Sec.
721.72(a) through (e) (concentration set at 1.0%), (f), (g)(1)
(required label statements: This substance may cause respiratory and
dermal irritation. This substance may cause irritation of the mucous
membranes. This substance may cause respiratory and dermal
sensitization. This substance may cause mutagenicity), (g)(2)(i)
through (v), and (g)(5). Alternative hazard and warning statements that
meet the criteria of the Globally Harmonized System (GHS) and OSHA
Hazard Communication Standard may be used.
(iii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(k) (an ultraviolet curable coating resin).
It is a significant new use to manufacture the substance with an
average molecular weight less than 1,100 Daltons.
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (i) are applicable to manufacturers and processors
of this substance.
(2) Limitations or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
0
32. Add Sec. 721.11052 to subpart E to read as follows:
Sec. 721.11052 1,3,5-Naphthalenetrisulfonic acid.
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified as 1,3,5-
naphthalenetrisulfonic acid (PMN P-17-32, CAS No. 6654-64-4) is subject
to reporting under this section for the significant new uses described
in paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1), (a)(2)(i) and (iv), (a)(3) and (4), when determining
which persons are reasonably likely to be exposed as required for Sec.
721.63(a)(1) and (4), engineering control measures (e.g., enclosure or
confinement of the operation, general and local ventilation) or
administrative control measures (e.g., workplace policies and
procedures) shall be considered and implemented to prevent exposure,
where feasible, (a)(5) (respirators must provide a National Institute
for Occupational Safety and Health (NIOSH) assigned protection factor
of at least 50, (a)(6)(v) and (vi), (particulate), (b) (concentration
set at 1.0%), and (c).
(ii) Hazard communication. Requirements as specified in Sec.
721.72(a) through (e) (concentration set at 1.0%), (f), (g)(1)(i),
(ii), (iv), and (ix), (g)(2)(i), (ii), (iii), and (v), and (g)(5).
Alternative hazard and warning statements that meet the criteria of the
Globally Harmonized System (GHS) and OSHA Hazard Communication Standard
may be used.
(iii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(q) and (t). It is a significant new use to
process the substance beyond the confidential annual volume cited in
the TSCA 5(e) Order.
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (i) are applicable to manufacturers and processors
of this substance.
(2) Limitations or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
(3) Determining whether a specific use is subject to this section.
The provisions of Sec. 721.1725(b)(1) apply to paragraph (a)(2)(iii)
of this section.
0
33. Add Sec. 721.11053 to subpart E to read as follows:
Sec. 721.11053 Certain halogenated sodium benzoate salts.
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substances listed in Table 1 of this
section is subject to reporting under this section for the significant
new uses described in paragraph (a)(2) of this section.
Table 1 to Sec. 721.11053--Halogenated Sodium Benzoate Salts
----------------------------------------------------------------------------------------------------------------
PMN No. CAS No. Chemical name
----------------------------------------------------------------------------------------------------------------
P-17-33...................... 6654-64-4........................... Benzoic acid, 2-fluoro-, sodium salt (1:1).
P-17-34...................... 499-90-1............................ Benzoic acid, 4-fluoro-, sodium salt (1:1).
P-17-36...................... 67852-79-3.......................... Benzoic acid, 2,3,4,5-tetrafluoro-, sodium
salt (1:1).
P-17-38...................... 2966-44-1........................... Benzoic acid, 2-(trifluoromethyl)-, sodium
salt (1:1).
P-17-39...................... 25832-58-0.......................... Benzoic acid, 4-(trifluoromethyl)-, sodium
salt (1:1).
P-17-41...................... 522651-42-9......................... Benzoic acid, 2,5-difluoro-, sodium salt
(1:1).
P-17-42...................... 499-57-0............................ Benzoic acid, 3-fluoro-, sodium salt (1:1).
P-17-43...................... 6185-28-0........................... Benzoic acid, 2,6-difluoro-, sodium salt
(1:1).
P-17-45...................... 530141-39-0......................... Benzoic acid, 3,5-difluoro-, sodium salt
(1:1).
P-17-47...................... 1765-08-8........................... Benzoic acid, 2,4-difluoro-, sodium salt
(1:1).
P-17-50...................... 522651-44-1......................... Benzoic acid, 3,4-difluoro-, sodium salt
(1:1).
P-17-52...................... 1180493-12-2........................ Benzoic acid, 3,4,5-trifluoro-, sodium salt
(1:1).
P-17-55...................... 402955-41-3......................... Benzoic acid, 2,3,4-trifluoro-, sodium salt
(1:1).
P-17-57...................... 522651-48-5......................... Benzoic acid, 2,4,5-trifluoro-, sodium salt
(1:1).
P-17-59...................... 1604819-08-0........................ Benzoic acid, 2,3-difluoro-, sodium salt
(1:1).
P-17-61...................... 69226-41-1.......................... Benzoic acid, 3-(trifluoromethyl)-, sodium
salt (1:1).
P-17-62...................... 17264-74-3.......................... Benzoic acid, 2-chloro-, sodium salt (1:1).
P-17-63...................... 3686-66-6........................... Benzoic acid, 4-chloro-, sodium salt (1:1).
P-17-64...................... 17264-88-9.......................... Benzoic acid, 3-chloro-, sodium salt (1:1).
P-17-66...................... 118537-84-1......................... Benzoic acid, 2,3-dichloro-, sodium salt
(1:1).
P-17-67...................... 63891-98-5.......................... Benzoic acid, 2,5-dichloro-, sodium salt
(1:1).
P-17-69...................... 154862-40-5......................... Benzoic acid, 3,5-dichloro-, sodium salt
(1:1).
P-17-71...................... 10007-84-8.......................... Benzoic acid, 2,6-dichloro-, sodium salt
(1:1).
P-17-72...................... 17274-10-1.......................... Benzoic acid, 3,4-dichloro-, sodium salt
(1:1).
P-17-73...................... 38402-11-8.......................... Benzoic acid, 2,4-dichloro-, sodium salt
(1:1).
P-17-75...................... 855471-43-1......................... Benzoic acid, 2-chloro-4-fluoro-, sodium
salt.
[[Page 43299]]
P-17-76...................... 1421761-18-3........................ Benzoic acid, 3-chloro-4-fluoro-, sodium
salt.
P-17-79...................... 1382106-78-6........................ Benzoic acid, 5-chloro-2-fluoro-, sodium
salt.
P-17-80...................... 1421029-88-0........................ Benzoic acid, 4-chloro-3-fluoro-, sodium
salt.
P-17-83...................... 1382106-64-0........................ Benzoic acid, 4-chloro-2-fluoro-, sodium
salt.
P-17-85...................... 1938142-12-1........................ Benzoic acid, 5-bromo-2-chloro-, sodium
salt.
P-17-87...................... 938142-13-2......................... Benzoic acid, 3-bromo-4-fluoro-, sodium
salt.
P-17-90...................... 1938142-14-3........................ Benzoic acid, 2-bromo-5-fluoro-, sodium
salt.
P-17-91...................... 1938142-15-4........................ Benzoic acid, 4-bromo-2-fluoro-, sodium
salt.
P-17-93...................... 1535169-81-3........................ Benzoic acid, 4-bromo-3-fluoro-, sodium
salt.
----------------------------------------------------------------------------------------------------------------
(2) The significant new uses are:
(i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1), (a)(2)(i) and (iv), (a)(3), when determining which
persons are reasonably likely to be exposed as required for Sec.
721.63(a)(4), engineering control measures (e.g., enclosure or
confinement of the operation, general and local ventilation) or
administrative control measures (e.g., workplace policies and
procedures) shall be considered and implemented to prevent exposure,
where feasible, (a)(5) (respirators must provide a National Institute
for Occupational Safety and Health (NIOSH) assigned protection factor
of at least 50), (a)(6) (particulate), (a)(6)(v) and (vi), (b)
(concentration set at 1.0%), and (c).
(A) As an alternative to the respirator requirements in paragraph
(a)(2)(i) of this section, a manufacturer or processor may choose to
follow the new chemical exposure limit (NCEL) provision listed in the
TSCA section 5(e) Order for this substance. The NCEL is 0.0184 mg/m\3\
as an 8-hour time weighted average. Persons who wish to pursue NCELs as
an alternative to Sec. 721.63 respirator requirements may request to
do so under Sec. 721.30. Persons whose Sec. 721.30 requests to use
the NCELs approach are approved by EPA will be required to follow NCELs
provisions comparable to those contained in the corresponding TSCA
section 5(e) Order.
(B) [Reserved]
(ii) Hazard communication. Requirements as specified in Sec.
721.72(a) through (e) (concentration set at 1.0%), (f), (g)(1)(i),
(ii), (iii), (iv), (vi), and (ix), (g)(2)(i), (ii), and (iii), (use
respiratory protection or maintain workplace airborne concentrations at
or below an 8-hour time-weighted average of 0.0184 mg/m\3\), (g)(2)(v),
and (g)(5). Alternative hazard and warning statements that meet the
criteria of the Globally Harmonized System (GHS) and OSHA Hazard
Communication Standard may be used.
(iii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(q) and (t). It is a significant new use to
manufacture or process the substances other than for the processes
described in the corresponding TSCA section 5(e) Order.
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (i) and (k) are applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
(3) Determining whether a specific use is subject to this section.
The provisions of Sec. 721.1725(b)(1) apply to paragraph (a)(2)(iii)
of this section.
0
34. Add Sec. 721.11054 to subpart E to read as follows:
Sec. 721.11054 Certain halogenated benzoic acids.
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substances listed in Table 1 of this
section is subject to reporting under this section for the significant
new uses described in paragraph (a)(2) of this section.
Table 1 to Sec. 721.11054--Halogenated Benzoic Acids
----------------------------------------------------------------------------------------------------------------
PMN No. CAS No. Chemical name
----------------------------------------------------------------------------------------------------------------
P-17-35...................... 1201-31-6........................... Benzoic acid, 2,3,4,5-tetrafluoro-.
P-17-37...................... 433-97-6............................ Benzoic acid, 2-(trifluoromethyl)-.
P-17-40...................... 2991-28-8........................... Benzoic acid, 2,5-difluoro-.
P-17-44...................... 385-00-2............................ Benzoic acid, 2,6-difluoro-.
P-17-46...................... 455-40-3............................ Benzoic acid, 3,5-difluoro-.
P-17-48...................... 1583-58-0........................... Benzoic acid, 2,4-difluoro-.
P-17-51...................... 455-86-7............................ Benzoic acid, 3,4-difluoro-.
P-17-53...................... 121602-93-5......................... Benzoic acid, 3,4,5-trifluoro-.
P-17-54...................... 61079-72-9.......................... Benzoic acid, 2,3,4-trifluoro-.
P-17-56...................... 446-17-3............................ Benzoic acid, 2,4,5-trifluoro-.
P-17-58...................... 4519-39-5........................... Benzoic acid, 2,3-difluoro-.
P-17-60...................... 454-92-2............................ Benzoic acid, 3-(trifluoromethyl)-.
P-17-65...................... 50-45-3............................. Benzoic acid, 2,3-dichloro-.
P-17-68...................... 51-36-5............................. Benzoic acid, 3,5-dichloro-.
P-17-70...................... 50-30-6............................. Benzoic acid, 2,6-dichloro-.
P-17-74...................... 2252-51-9........................... Benzoic acid, 2-chloro-4-fluoro-.
P-17-77...................... 394-30-9............................ Benzoic acid, 5-chloro-2-fluoro-.
P-17-78...................... 403-16-7............................ Benzoic acid, 3-chloro-4-fluoro-.
P-17-81...................... 403-17-8............................ Benzoic acid, 4-chloro-3-fluoro-.
P-17-82...................... 446-30-0............................ Benzoic acid, 4-chloro-2-fluoro-.
P-17-84...................... 21739-92-4.......................... Benzoic acid, 5-bromo-2-chloro-.
P-17-88...................... 11007-16-5.......................... Benzoic acid, 3-bromo-4-fluoro-.
[[Page 43300]]
P-17-89...................... 394-28-5............................ Benzoic acid, 2-bromo-5-fluoro-.
P-17-92...................... 153556-42-4......................... Benzoic acid, 4-bromo-3-fluoro-.
P-17-97...................... 112704-79-7......................... Benzoic acid, 4-bromo-2-fluoro-.
----------------------------------------------------------------------------------------------------------------
(2) The significant new uses are:
(i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1), (a)(2)(i) and (v), (a)(3) and (4), when determining which
persons are reasonably likely to be exposed as required for Sec.
721.63(a)(1) and (4), engineering control measures (e.g., enclosure or
confinement of the operation, general and local ventilation) or
administrative control measures (e.g., workplace policies and
procedures) shall be considered and implemented to prevent exposure,
where feasible, (a)(5) (respirators must provide a National Institute
for Occupational Safety and Health (NIOSH) assigned protection factor
of at least 50, (a)(6) (particulate), (a)(6)(v) and (vi), (b)
(concentration set at 1.0%), and (c).
(A) As an alternative to the respirator requirements in paragraph
(a)(2)(i) of this section, a manufacturer or processor may choose to
follow the new chemical exposure limit (NCEL) provision listed in the
TSCA section 5(e) Order for this substance. The NCEL is 0.0184 mg/m\3\
as an 8-hour time weighted average. Persons who wish to pursue NCELs as
an alternative to Sec. 721.63 respirator requirements may request to
do so under Sec. 721.30. Persons whose Sec. 721.30 requests to use
the NCELs approach are approved by EPA will be required to follow NCELs
provisions comparable to those contained in the corresponding TSCA
section 5(e) Order.
(B) [Reserved]
(ii) Hazard communication. Requirements as specified in Sec.
721.72(a) through (e) (concentration set at 1.0%), (f), (g)(1)(i),
(ii), (iii), (iv), (vi), and (ix), (g)(2)(i), (ii), and (iii), (use
respiratory protection or maintain workplace airborne concentrations at
or below an 8-hour time-weighted average of 0.0184 mg/m\3\), (g)(2)(v),
and (g)(5). Alternative hazard and warning statements that meet the
criteria of the Globally Harmonized System (GHS) and OSHA Hazard
Communication Standard may be used.
(iii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(q) and (t). It is a significant new use to
manufacture or process the substances other than for the processes
described in the corresponding TSCA section 5(e) Order.
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (i) and (k) are applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
(3) Determining whether a specific use is subject to this section.
The provisions of Sec. 721.1725(b)(1) apply to paragraph (a)(2)(iii)
of this section.
0
35. Add Sec. 721.11055 to subpart E to read as follows:
Sec. 721.11055 Certain halogenated benzoic acids ethyl esters.
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substances listed in Table 1 of this
section is subject to reporting under this section for the significant
new uses described in paragraph (a)(2) of this section.
Table 1 to Sec. 721.11055--Halogenated Benzoic Acid Ethyl Esters
----------------------------------------------------------------------------------------------------------------
PMN No. CAS No. Chemical name
----------------------------------------------------------------------------------------------------------------
P-17-94...................... 122894-73-9......................... Benzoic acid, 2,3,4,5-tetrafluoro-, ethyl
ester.
P-17-95...................... 583-02-8............................ Benzoic acid, 4-(trifluoromethyl)-, ethyl
ester.
P-17-96...................... 577-62-8............................ Benzoic acid, 2-(trifluoromethyl)-, ethyl
ester.
P-17-98...................... 19064-14-3.......................... Benzoic acid, 2,6-difluoro-, ethyl ester.
P-17-99...................... 708-25-8............................ Benzoic acid, 2,5-difluoro-, ethyl ester.
P-17-100..................... 351354-50-2......................... Benzoic acid, 2,3,4-trifluoro-, ethyl
ester.
P-17-101..................... 351354-50-2......................... Benzoic acid, 2-bromo-5-fluoro-, ethyl
ester.
P-17-102..................... 350-19-6............................ Benzoic acid, 3,5-difluoro-, ethyl ester.
P-17-103..................... 76008-73-6.......................... Benzoic acid, 5-bromo-2-chloro-, ethyl
ester.
P-17-104..................... 1128-76-3........................... Benzoic acid, 3-chloro-, ethyl ester.
P-17-105..................... 7335-25-3........................... Benzoic acid, 2-chloro-, ethyl ester.
P-17-114..................... 137521-81-4......................... Benzoic acid, 3-chloro-4-fluoro-, ethyl
ester.
P-17-122..................... 474709-71-2......................... Benzoic acid, 4-bromo-2-fluoro-, ethyl
ester.
P-17-123..................... 144267-97-0......................... Benzoic acid, 2-bromo-4,5-difluoro-, ethyl
ester.
P-17-124..................... 1130165-74-0........................ Benzoic acid, 4-bromo-3-fluoro-, ethyl
ester.
P-17-125..................... 23233-33-2.......................... Benzoic acid, 3-bromo-4-fluoro-, ethyl
ester.
P-17-126..................... 4793-20-8........................... Benzoic acid, 4-chloro-2-fluoro-, ethyl
ester.
P-17-127..................... 35112-27-7.......................... Benzoic acid, 2,5-dichloro-, ethyl ester.
P-17-128..................... 203573-08-4......................... Benzoic acid, 4-chloro-3-fluoro-, ethyl
ester.
P-17-129..................... 167758-87-4......................... Benzoic acid, 2-chloro-4-fluoro-, ethyl
ester.
P-17-130..................... 773139-56-3......................... Benzoic acid, 5-chloro-2-fluoro-, ethyl
ester.
P-17-131..................... 108928-00-3......................... Benzoic acid, 2,4-difluoro-, ethyl ester.
P-17-132..................... 144267-96-9......................... Benzoic acid, 3,4-difluoro-, ethyl ester.
P-17-133..................... 495405-09-9......................... Benzoic acid, 3,4,5-trifluoro-, ethyl
ester.
P-17-134..................... 351354-41-1......................... Benzoic acid, 2,4,5-trifluoro-, ethyl
ester.
P-17-135..................... 76783-59-0.......................... Benzoic acid, 3-(trifluoromethyl)-, ethyl
ester.
P-17-136..................... 773134-65-9......................... Benzoic acid, 2,3-difluoro-, ethyl ester.
P-17-137..................... 81055-73-4.......................... Benzoic acid, 2,6-dichloro-, ethyl ester.
[[Page 43301]]
P-17-138..................... 91085-56-2.......................... Benzoic acid, 3,5-dichloro-, ethyl ester.
P-17-139..................... 56882-52-1.......................... Benzoic acid, 2,4-dichloro-, ethyl ester.
P-17-140..................... 28394-58-3.......................... Benzoic acid, 3,4-dichloro-, ethyl ester.
----------------------------------------------------------------------------------------------------------------
(2) The significant new uses are:
(i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1), (a)(2)(i) and (v), (a)(3) and (4), when determining which
persons are reasonably likely to be exposed as required for Sec.
721.63(a)(1) and (4), engineering control measures (e.g., enclosure or
confinement of the operation, general and local ventilation) or
administrative control measures (e.g., workplace policies and
procedures) shall be considered and implemented to prevent exposure,
where feasible, (a)(5) (respirators must provide a National Institute
for Occupational Safety and Health (NIOSH) assigned protection factor
of at least 1000), (a)(6) (particulate), (a)(6)(v) and (vi), (b)
(concentration set at 1.0%), and (c).
(A) As an alternative to the respirator requirements in paragraph
(a)(2)(i) of this section, a manufacturer or processor may choose to
follow the new chemical exposure limit (NCEL) provision listed in the
TSCA section 5(e) Order for this substance. The NCEL is 0.0184 mg/m\3\
as an 8-hour time weighted average. Persons who wish to pursue NCELs as
an alternative to Sec. 721.63 respirator requirements may request to
do so under Sec. 721.30. Persons whose Sec. 721.30 requests to use
the NCELs approach are approved by EPA will be required to follow NCELs
provisions comparable to those contained in the corresponding TSCA
section 5(e) Order.
(B) [Reserved]
(ii) Hazard communication. Requirements as specified in Sec.
721.72(a) through (e) (concentration set at 1.0%), (f), (g)(1)(i),
(ii), (iii), (iv), (vi), and (ix), (g)(2)(i), (ii), and (iii), (use
respiratory protection or maintain workplace airborne concentrations at
or below an 8-hour time-weighted average of 0.0184 mg/m\3\), (g)(2)(v),
(g)(3)(i) and (ii), (g)(4)(i), and (g)(5). Alternative hazard and
warning statements that meet the criteria of the Globally Harmonized
System (GHS) and OSHA Hazard Communication Standard may be used.
(iii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(q) and (t). It is a significant new use to
manufacture or process the substances other than for processes
described in the corresponding TSCA section 5(e) Order.
(iv) Release to water. Requirements as specified in Sec.
721.90(a)(4), (b)(4), and (c)(4) where N=15 ppb.
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (i) and (k) are applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
(3) Determining whether a specific use is subject to this section.
The provisions of Sec. 721.1725(b)(1) apply to paragraph (a)(2)(iii)
of this section.
0
36. Add Sec. 721.11056 to subpart E to read as follows:
Sec. 721.11056 Neodymium aluminium alkyl polymer complexes
(generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
neodymium aluminium alkyl polymer complexes (PMN P-17-198) is subject
to reporting under this section for the significant new uses described
in paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1), (a)(2)(i), (ii), and (iii), (a)(3), when determining
which persons are reasonably likely to be exposed as required for Sec.
721.63(a)(1), engineering control measures (e.g., enclosure or
confinement of the operation, general and local ventilation) or
administrative control measures (e.g., workplace policies and
procedures) shall be considered and implemented to prevent exposure,
where feasible, (b) (concentration set 1.0%), and (c).
(ii) Hazard communication. Requirements as specified in Sec.
721.72(a) through (e) (concentration set 1.0%), (f), (g)(1)(ix), (the
substance may react violently with water, (this substance may cause
skin irritation and corrosion), (this substance may cause respiratory
complications, irritation, and corrosion), (g)(2)(i), (ii), (iii),
(when using this substance use in closed system to prevent any
inhalation exposure), (when using this substance use skin and eye
protection), and (g)(5). Alternative hazard and warning statements that
meet the criteria of the Globally Harmonized System (GHS) and OSHA
Hazard Communication Standard may be used.
(iii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(c) (it is a significant new use to process
the substance in manner that results in inhalation exposure) and (f).
It is a significant new use to manufacture the substance for a period
longer than 8 months.
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (i) are applicable to manufacturers and processors
of this substance.
(2) Limitations or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
(3) Determining whether a specific use is subject to this section.
The provisions of Sec. 721.1725(b)(1) apply to paragraph (a)(2)(iii)
of this section.
0
37. Add Sec. 721.11057 to subpart E to read as follows:
Sec. 721.11057 Fatty acid amide alkyl amine salts (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substances identified generically as fatty
acid amide alkyl amine salts (PMN P-17-272, P-17-273, P-17-274, P-17-
275, P-17-276 and P-17-277) are subject to reporting under this section
for the significant new uses described in paragraph (a)(2) of this
section. The requirements of this section do not apply to quantities of
the substances after they have been reacted (cured).
(2) The significant new uses are:
(i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1), (a)(2)(i), (iii), and (iv), (a)(3), and (a)(6)
(particulate), (a)(6)(v) and (vi). When determining which persons are
reasonably likely to be exposed as required for Sec. 721.63(a)(1),
engineering control measures (e.g.,
[[Page 43302]]
enclosure or confinement of the operation, general and local
ventilation) or administrative control measures (e.g., workplace
policies and procedures) shall be considered and implemented to prevent
exposure, where feasible.
(ii) Hazard communication. Requirements as specified in Sec.
721.72(a) through (e) (concentration set at 1.0%), (f), (g)(1)(vi),
(skin irritation), (respiratory complication), (internal organ effect),
(systemic effect), (sensitization), (g)(2)(i), (ii), (iii), and (v),
(g)(3)(i) and (ii), (g)(4)(i) and (iii), and (g)(5). Alternative hazard
and warning statements that meet the criteria of the Globally
Harmonized System (GHS) and OSHA Hazard Communication Standard may be
used.
(iii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(k) and (y)(1).
(iv) Release to water. Requirements as specified in Sec.
721.90(a)(1), (b)(1), and (c)(1).
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (i) and (k) are applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
(3) Determining whether a specific use is subject to this section.
The provisions of Sec. 721.1725(b)(1) apply to paragraph (a)(2)(iii)
of this section.
0
38. Add Sec. 721.11058 to subpart E to read as follows:
Sec. 721.11058 Fatty acid derived imidazoline salts (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substances identified generically as fatty
acid derived imidazoline salts (PMN P-17-278, P-17-279 and P-17-280)
are subject to reporting under this section for the significant new
uses described in paragraph (a)(2) of this section. The requirements of
this section do not apply to quantities of the substances after they
have been reacted (cured).
(2) The significant new uses are:
(i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1), (a)(2)(i), (iii), and (iv), (a)(3), and (a)(6)
(particulate), and (a)(6)(v) and (vi). When determining which persons
are reasonably likely to be exposed as required for Sec. 721.63(a)(1),
engineering control measures (e.g., enclosure or confinement of the
operation, general and local ventilation) or administrative control
measures (e.g., workplace policies and procedures) shall be considered
and implemented to prevent exposure, where feasible.
(ii) Hazard communication. Requirements as specified in Sec.
721.72(a) through (e) (concentration set at 1.0%), (f), (g)(1) (skin
irritation), (respiratory complication), (internal organ
effect),(systemic effect), (sensitization), (g)(2)(i), (ii), (iii), and
(v), (g)(3)(i) and (ii), (g)(4)(i) and (iii), and (g)(5). Alternative
hazard and warning statements that meet the criteria of the Globally
Harmonized System (GHS) and OSHA Hazard Communication Standard may be
used.
(iii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(k) and (y)(1).
(iv) Release to water. Requirements as specified in Sec.
721.90(a)(1), (b)(1), and (c)(1).
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (i), and (k) are applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
(3) Determining whether a specific use is subject to this section.
The provisions of Sec. 721.1725(b)(1) apply to paragraph (a)(2)(iii)
of this section.
[FR Doc. 2019-16099 Filed 8-19-19; 8:45 am]
BILLING CODE 6560-50-P