Significant New Use Rules on Certain Chemical Substances (18-1 and 18-4); Technical Correction, 10615-10617 [2020-02906]
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Federal Register / Vol. 85, No. 37 / Tuesday, February 25, 2020 / Rules and Regulations
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
B. Submission to Congress and the
Comptroller General
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action 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. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by April 27, 2020. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action,
approving the West Virginia SIP
revision incorporation by reference the
NAAQS, may not be challenged later in
proceedings to enforce its requirements.
(See section 307(b)(2).)
10615
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: February 7, 2020.
Cosmo Servidio,
Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart XX—West Virginia
2. In § 52.2520, the table in paragraph
(c) entitled ‘‘EPA-Approved Regulations
in the West Virginia SIP’’ is amended by
revising entries under the heading ‘‘[45
CSR] Series 8 Ambient Air Quality
Standards’’ to read as follows:
■
§ 52.2520
*
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED REGULATIONS IN THE WEST VIRGINIA SIP
State citation
[Chapter 16–20 or 45 CSR]
State
effective
date
Title/subject
*
*
Additional explanation/
citation at 40 CFR 52.2565
EPA approval date
*
*
*
*
*
[45 CSR] Series 8 Ambient Air Quality Standards
Section 45–8–1 .....................
General ................................
6/1/19
Section 45–8–2 .....................
Definitions ............................
6/1/19
Section 45–8–3 .....................
Adoption of Standards .........
6/1/19
Section 45–8–4 .....................
Inconsistency Between
Rules.
6/1/19
*
*
*
*
*
*
*
[FR Doc. 2020–03153 Filed 2–24–20; 8:45 am]
2/25/20, [Insert Federal
Register citation].
2/25/20, [Insert Federal
Register citation].
2/25/20, [Insert Federal
Register citation].
2/25/20, [Insert Federal
Register citation].
*
*
Docket #2019–0553. Filing and effective dates are revised; Sunset provision added.
Docket #2019–0553. Previous Approval 10/5/18.
Docket #2019–0553. Effective date is revised.
Docket #2019–0553. Previous Approval 10/5/18.
*
ENVIRONMENTAL PROTECTION
AGENCY
BILLING CODE 6560–50–P
40 CFR Part 721
[EPA–HQ–OPPT–2018–0627 and EPA–HQ–
OPPT–2018–0697; FRL–10003–45]
jbell on DSKJLSW7X2PROD with RULES
RIN 2070–AB27
Significant New Use Rules on Certain
Chemical Substances (18–1 and 18–4);
Technical Correction
Environmental Protection
Agency (EPA).
AGENCY:
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*
ACTION:
*
Final rule; technical correction.
EPA issued final significant
new use rules (SNURs) in the Federal
Register of November 25, 2019 for 22
chemical substances that were the
subject of premanufacture notices
(PMNs) (SNUR batch 18–1), and in in
the Federal Register of December 5,
2019 for 29 chemical substances that
were the subject of PMNs (SNUR batch
18–4). In SNUR batch 18–1, for the
chemical substance that was the subject
of PMN P–15–114, EPA made errors in
the SNUR requirements for hazard
SUMMARY:
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10616
Federal Register / Vol. 85, No. 37 / Tuesday, February 25, 2020 / Rules and Regulations
jbell on DSKJLSW7X2PROD with RULES
communication and protection in the
workplace, resulting in inconsistencies
with the same requirements in the
associated TSCA Order. For SNUR batch
18–4, for one of the two chemical
substances that are subject to the SNUR,
EPA made a typographical error when
identifying the associated PMN number
in the SNUR. Additionally, for two
other SNURs, language in the SNURs
incorrectly refers to requirements in
‘‘the TSCA Order’’ rather than in the
SNUR itself. This document is being
issued to correct these errors.
DATES: This technical correction is
effective on February 25, 2020.
ADDRESSES: The dockets for this action,
identified by docket identification (ID)
numbers EPA–HQ–OPPT–2018–0627
and EPA–HQ–OPPT–2018–0697, are
available at https://www.regulations.gov
or at the Office of Pollution Prevention
and Toxics Docket (OPPT Docket),
Environmental Protection Agency
Docket Center (EPA/DC), West William
Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW, Washington, DC.
The Public Reading Room is open from
8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The
telephone number for the Public
Reading Room is (202) 566–1744, and
the telephone number for the OPPT
Docket is (202) 566–0280. Please review
the visitor instructions and additional
information about the dockets available
at https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
For technical information contact:
Kenneth Moss, Chemical Control
Division, Office of Pollution Prevention
and Toxics, Environmental Protection
Agency, 1200 Pennsylvania Ave. NW,
Washington, DC 20460–0001; telephone
number: (202) 564–9232; email address:
moss.kenneth@epa.gov.
For general information contact: The
TSCA-Hotline, ABVI-Goodwill, 422
South Clinton Ave., Rochester, NY
14620; telephone number: (202) 554–
1404; email address: TSCA-Hotline@
epa.gov.
SUPPLEMENTARY INFORMATION:
I. What does this technical correction
do?
EPA issued a final rule (referred to as
SNUR Batch 18–1) in the Federal
Register of November 25, 2019 (84 FR
64754) (FRL–10001–30) for significant
new uses for 22 chemical substances
that were the subject of PMNs. EPA also
issued a final rule (SNUR Batch 18–4)
in the Federal Register of December 5,
2019 (84 FR 66599) (FRL–10002–30) for
significant new uses for 29 chemical
substances that were the subject of
PMNs. In SNUR Batch 18–1, EPA made
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18:34 Feb 24, 2020
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errors when specifying worker
protection and hazard communication
requirements for the chemical substance
2-butanone 1,1,1,3,4,4,4-heptafluoro-3(trifluoromethyl)- (PMN P–15–114, CAS
No. 756–12–7), listed in the significant
new use rule (SNUR) codified at 40 CFR
721.11151, resulting in inconsistencies
between the SNUR and the associated
TSCA 5(e) Order for the PMN. This
action corrects these errors as follows:
• The worker protection requirements
in paragraph (a)(2)(i) of the SNUR are
corrected to refer to 40 CFR 721.63(a)(1)
and (3) rather than 721.63(a)(1) through
(3), thereby removing the reference to 40
CFR 721.63(a)(2).
• The hazard communication
requirements in paragraph (a)(2)(ii) of
the SNUR are corrected to change the
reference to 40 CFR 721.72(g)(3) from
‘‘(g)(3)(ii)(harmful to fish)’’ to
‘‘(g)(3)(harmful to aquatic
organisms)(harmful to fish).’’
In SNUR Batch 18–4, EPA made a
typographical error in the SNUR at 40
CFR 721.11236 when identifying the
PMN number associated with the
chemical B component of P–17–373. It
was mislabeled as P–13–373. EPA also
made errors in paragraph (a)(1) of the
SNURs at 40 CFR 721.11236 and
721.11237 when describing an
exemption from SNUR terms after the
chemicals are completely reacted
(cured). Language in paragraph (a)(1) of
the SNURs incorrectly refers to
requirements of ‘‘the TSCA Order’’
rather than the SNUR itself. This action
corrects these errors as follows:
• Paragraph (a)(1) of the SNUR at 40
CFR 721.11236 is corrected to identify
the PMN number for chemical B as P–
17–373.
• The final sentence of paragraph
(a)(1) for the SNURs at 40 CFR
721.11236 and 721.11237 is corrected to
refer to ‘‘The requirements of this
section’’ rather than ‘‘The requirements
of the TSCA Order.’’
II. Why is this correction issued as a
final rule?
Section 553 of the Administrative
Procedure Act (APA) (5 U.S.C.
553(b)(3)(B)) provides that, when an
Agency for good cause finds that notice
and public procedure are impracticable,
unnecessary or contrary to the public
interest, the Agency may issue a final
rule without providing notice and an
opportunity for public comment. EPA
has determined that there is good cause
for making this technical correction
final without prior proposal and
opportunity for comment. Correcting the
worker protection and hazard
communication requirements specified
in the November 25, 2019 SNUR is
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necessary for (1) the proper
identification of the human health and
environmental hazards associated with
PMN substance; and (2) the proper
identification of protective measures
required to be employed in the
workplace, consistent with the
associated TSCA section 5(e) Order for
the PMN substance. EPA finds that this
constitutes good cause under 5 U.S.C.
553(b)(3)(B).
III. Do any of the statutory and
Executive Order reviews apply to this
action?
No. For a detailed discussion
concerning the statutory and Executive
Order review, refer to Unit XII. of the
November 25, 2019 final rule.
IV. Congressional Review Act (CRA)
Pursuant to the CRA (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 in 40 CFR Part 721
Environmental protection, Chemicals,
Hazardous substances, Reporting and
recordkeeping requirements.
Dated: January 30, 2020.
Tala Henry,
Deputy Director, Office of Pollution
Prevention and Toxics.
Therefore, 40 CFR part 721 is
corrected as follows:
PART 721—[AMENDED]
1. The authority citation for part 721
continues to read as follows:
■
Authority: 15 U.S.C. 2604, 2607, and
2625(c).
2. In § 721.11151, revise paragraphs
(a)(2)(i) and (ii) to read as follows:
■
§ 721.11151 2-Butanone 1,1,1,3,4,4,4heptafluoro-3-(trifluoromethyl)-.
(a) * * *
(2) * * *
(i) Protection in the workplace.
Requirements as specified in
§ 721.63(a)(1) and (3) (when
determining which persons are
reasonable likely to be exposed as
required for § 721.63(a)(1), engineering
control measures (e.g., enclosure or
confinement of the operation, general
and local ventilation) or administrative
control measures (e.g., workplace
policies and procedures) shall be
considered and implemented to prevent
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Federal Register / Vol. 85, No. 37 / Tuesday, February 25, 2020 / Rules and Regulations
exposures, where feasible), (b)
(concentration set at 1.0%), and (c).
(ii) Hazard communication.
Requirements as specified in § 721.72(a)
through (d), (f), (g)(1)(i), (g)(2)(i)(v),
(g)(3) (harmful to aquatic organisms)
(harmful to fish), (g)(4)(iii), and (g)(5). It
is a significant new use unless
containers of the PMN substance are
labeled with the statement: ‘‘Contains a
dielectric fluid which should not be
mixed or used in conjunction with
sulfur hexafluoride (SF6)’’. Alternative
hazard and warning statements that
meet the criteria of the Globally
Harmonized System and OSHA Hazard
Communication Standard may be used.
*
*
*
*
*
3. In § 721.11236, revise paragraph
(a)(1) to read as follows:
■
§ 721.11236 Heteromonocycle,
homopolymer, alkyl substituted carbamate,
alkyl ester (generic).
(a) * * *
(1) The chemical substances
identified generically as
heteromonocycle, homopolymer, alkyl
substituted carbamate, alkyl ester (PMN
P–17–373 chemical A and P–17–373
chemical B) 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
substance after they have been
completely reacted (cured).
*
*
*
*
*
4. In § 721.11237, revise paragraph
(a)(1) to read as follows:
■
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§ 721.11237 Polysiloxanes, di alkyl,
substituted alkyl group terminated,
alkoxylated, reaction products with alkanoic
acid, isocyanate substituted-alkyl
carbomonocycle and polyol (generic).
(a) * * * (1) The chemical substance
identified generically as polysiloxanes,
di alkyl, substituted alkyl group
terminated, alkoxylated, reaction
products with alkanoic acid, isocyanate
substituted alkyl carbomonocycle and
polyol (PMN P–17–374) is subject to
reporting under this section for the
significant new uses described in
paragraph (a)(2) of this section. The
requirements of this section do not
apply to quantities of the PMN
substance after they have been
completely reacted (cured).
*
*
*
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[FR Doc. 2020–02906 Filed 2–24–20; 8:45 am]
BILLING CODE 6560–50–P
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
43 CFR Part 3160
[LLWO310000 L13100000 PP0000 19X]
RIN 1004–AE67
Onshore Oil and Gas Operations—
Annual Civil Penalties Inflation
Adjustments
Bureau of Land Management,
Interior.
ACTION: Final rule.
AGENCY:
This final rule adjusts the
level of civil monetary penalties
contained in the Bureau of Land
Management’s (BLM) regulations
governing onshore oil and gas
operations as required by the Federal
Civil Penalties Inflation Adjustment Act
Improvements Act of 2015 and
consistent with applicable Office of
Management and Budget (OMB)
guidance. The adjustments made by this
final rule constitute the 2020 annual
inflation adjustments, accounting for 1
year of inflation spanning the period
from October 2018 through October
2019.
DATES: This rule is effective on February
25, 2020.
FOR FURTHER INFORMATION CONTACT: Jully
McQuilliams, Acting Division Chief,
Fluid Minerals Division, telephone:
202–912–7156, email: jmcquilliams@
blm.gov for information regarding the
BLM’s Fluid Minerals Program. For
questions relating to regulatory process
issues, please contact Jennifer Noe,
Division of Regulatory Affairs, at
telephone: 202–912–7442, email: jnoe@
blm.gov. Persons who use a
telecommunications device for the deaf
(TDD) may call the Federal Relay
Service (FRS) at 1–800–877–8339, 24
hours a day, 7 days a week to contact
the above individuals.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
II. Calculation of 2020 Adjustments
III. Procedural Requirements
A. Administrative Procedure Act
B. Regulatory Planning and Review (E.O.
12866, E.O. 13563, and E.O. 13771)
C. Regulatory Flexibility Act
D. Small Business Regulatory Enforcement
Fairness Act
E. Unfunded Mandates Reform Act
F. Takings (E.O. 12630)
G. Federalism (E.O. 13132)
H. Civil Justice Reform (E.O. 12988)
I. Consultation With Indian Tribes (E.O.
13175 and Departmental Policy)
J. Paperwork Reduction Act
K. National Environmental Policy Act
L. Effects on the Energy Supply (E.O.
13211)
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10617
I. Background
On November 2, 2015, the Federal
Civil Penalties Inflation Adjustment Act
Improvements Act of 2015 (Sec. 701 of
Pub. L. 114–74) (the 2015 Act) became
law, amending the Federal Civil
Penalties Inflation Adjustment Act of
1990 (Pub. L. 101–410).
The 2015 Act requires agencies to:
1. Adjust the level of civil monetary
penalties for inflation with an initial
‘‘catch-up’’ adjustment through an
interim final rulemaking in 2016;
2. Make subsequent annual
adjustments for inflation beginning in
2017; and
3. Report annually in Agency
Financial Reports on these inflation
adjustments.
The purpose of these adjustments is to
maintain the deterrent effect of civil
monetary penalties and promote
compliance with the law (see Sec. 1,
Pub. L. 101–410).
As required by the 2015 Act, the BLM
issued an interim final rule that
adjusted the level of civil monetary
penalties in BLM regulations with the
initial ‘‘catch-up’’ adjustment (RIN
1004–AE46, 81 FR 41860), which was
published on June 28, 2016, and became
effective on July 28, 2016. On January
19, 2017, the BLM published a final rule
(RIN 1004–AE49, 82 FR 6305) updating
the civil penalty amounts to the 2017
annual adjustment levels. Final rules
updating the civil penalty amounts to
the 2018 and 2019 annual adjustment
levels were published in subsequent
years (RIN 1004–AE51, 83 FR 3992; and
RIN 1004–AE56, 84 FR 22379,
respectively).
OMB issued Memorandum M–20–05
on December 16, 2019 (Implementation
of Penalty Inflation Adjustments for
2020, Pursuant to the Federal Civil
Penalties Inflation Adjustment Act
Improvements Act of 2015) explaining
agency responsibilities for identifying
applicable penalties and calculating the
annual adjustment for 2020 in
accordance with the 2015 Act.
II. Calculation of 2020 Adjustment
In accordance with the 2015 Act and
OMB Memorandum M–20–05, the BLM
has identified applicable civil monetary
penalties in its regulations and
calculated the annual adjustments. A
civil monetary penalty is any
assessment with a dollar amount that is
levied for a violation of a Federal civil
statute or regulation and is assessed or
enforceable through a civil action in
Federal court or an administrative
proceeding. A civil monetary penalty
does not include a penalty levied for
violation of a criminal statute, nor does
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]]>Agencies
[Federal Register Volume 85, Number 37 (Tuesday, February 25, 2020)]
[Rules and Regulations]
[Pages 10615-10617]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02906]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 721
[EPA-HQ-OPPT-2018-0627 and EPA-HQ-OPPT-2018-0697; FRL-10003-45]
RIN 2070-AB27
Significant New Use Rules on Certain Chemical Substances (18-1
and 18-4); Technical Correction
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; technical correction.
-----------------------------------------------------------------------
SUMMARY: EPA issued final significant new use rules (SNURs) in the
Federal Register of November 25, 2019 for 22 chemical substances that
were the subject of premanufacture notices (PMNs) (SNUR batch 18-1),
and in in the Federal Register of December 5, 2019 for 29 chemical
substances that were the subject of PMNs (SNUR batch 18-4). In SNUR
batch 18-1, for the chemical substance that was the subject of PMN P-
15-114, EPA made errors in the SNUR requirements for hazard
[[Page 10616]]
communication and protection in the workplace, resulting in
inconsistencies with the same requirements in the associated TSCA
Order. For SNUR batch 18-4, for one of the two chemical substances that
are subject to the SNUR, EPA made a typographical error when
identifying the associated PMN number in the SNUR. Additionally, for
two other SNURs, language in the SNURs incorrectly refers to
requirements in ``the TSCA Order'' rather than in the SNUR itself. This
document is being issued to correct these errors.
DATES: This technical correction is effective on February 25, 2020.
ADDRESSES: The dockets for this action, identified by docket
identification (ID) numbers EPA-HQ-OPPT-2018-0627 and EPA-HQ-OPPT-2018-
0697, are available at https://www.regulations.gov or at the Office of
Pollution Prevention and Toxics Docket (OPPT Docket), Environmental
Protection Agency Docket Center (EPA/DC), West William Jefferson
Clinton Bldg., Rm. 3334, 1301 Constitution Ave. NW, Washington, DC. The
Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is (202) 566-1744, and the telephone number for the OPPT
Docket is (202) 566-0280. Please review the visitor instructions and
additional information about the dockets available at https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
For technical information contact: Kenneth Moss, Chemical Control
Division, 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. What does this technical correction do?
EPA issued a final rule (referred to as SNUR Batch 18-1) in the
Federal Register of November 25, 2019 (84 FR 64754) (FRL-10001-30) for
significant new uses for 22 chemical substances that were the subject
of PMNs. EPA also issued a final rule (SNUR Batch 18-4) in the Federal
Register of December 5, 2019 (84 FR 66599) (FRL-10002-30) for
significant new uses for 29 chemical substances that were the subject
of PMNs. In SNUR Batch 18-1, EPA made errors when specifying worker
protection and hazard communication requirements for the chemical
substance 2-butanone 1,1,1,3,4,4,4-heptafluoro-3-(trifluoromethyl)-
(PMN P-15-114, CAS No. 756-12-7), listed in the significant new use
rule (SNUR) codified at 40 CFR 721.11151, resulting in inconsistencies
between the SNUR and the associated TSCA 5(e) Order for the PMN. This
action corrects these errors as follows:
The worker protection requirements in paragraph (a)(2)(i)
of the SNUR are corrected to refer to 40 CFR 721.63(a)(1) and (3)
rather than 721.63(a)(1) through (3), thereby removing the reference to
40 CFR 721.63(a)(2).
The hazard communication requirements in paragraph
(a)(2)(ii) of the SNUR are corrected to change the reference to 40 CFR
721.72(g)(3) from ``(g)(3)(ii)(harmful to fish)'' to ``(g)(3)(harmful
to aquatic organisms)(harmful to fish).''
In SNUR Batch 18-4, EPA made a typographical error in the SNUR at
40 CFR 721.11236 when identifying the PMN number associated with the
chemical B component of P-17-373. It was mislabeled as P-13-373. EPA
also made errors in paragraph (a)(1) of the SNURs at 40 CFR 721.11236
and 721.11237 when describing an exemption from SNUR terms after the
chemicals are completely reacted (cured). Language in paragraph (a)(1)
of the SNURs incorrectly refers to requirements of ``the TSCA Order''
rather than the SNUR itself. This action corrects these errors as
follows:
Paragraph (a)(1) of the SNUR at 40 CFR 721.11236 is
corrected to identify the PMN number for chemical B as P-17-373.
The final sentence of paragraph (a)(1) for the SNURs at 40
CFR 721.11236 and 721.11237 is corrected to refer to ``The requirements
of this section'' rather than ``The requirements of the TSCA Order.''
II. Why is this correction issued as a final rule?
Section 553 of the Administrative Procedure Act (APA) (5 U.S.C.
553(b)(3)(B)) provides that, when an Agency for good cause finds that
notice and public procedure are impracticable, unnecessary or contrary
to the public interest, the Agency may issue a final rule without
providing notice and an opportunity for public comment. EPA has
determined that there is good cause for making this technical
correction final without prior proposal and opportunity for comment.
Correcting the worker protection and hazard communication requirements
specified in the November 25, 2019 SNUR is necessary for (1) the proper
identification of the human health and environmental hazards associated
with PMN substance; and (2) the proper identification of protective
measures required to be employed in the workplace, consistent with the
associated TSCA section 5(e) Order for the PMN substance. EPA finds
that this constitutes good cause under 5 U.S.C. 553(b)(3)(B).
III. Do any of the statutory and Executive Order reviews apply to this
action?
No. For a detailed discussion concerning the statutory and
Executive Order review, refer to Unit XII. of the November 25, 2019
final rule.
IV. Congressional Review Act (CRA)
Pursuant to the CRA (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 in 40 CFR Part 721
Environmental protection, Chemicals, Hazardous substances,
Reporting and recordkeeping requirements.
Dated: January 30, 2020.
Tala Henry,
Deputy Director, Office of Pollution Prevention and Toxics.
Therefore, 40 CFR part 721 is corrected as follows:
PART 721--[AMENDED]
0
1. The authority citation for part 721 continues to read as follows:
Authority: 15 U.S.C. 2604, 2607, and 2625(c).
0
2. In Sec. 721.11151, revise paragraphs (a)(2)(i) and (ii) to read as
follows:
Sec. 721.11151 2-Butanone 1,1,1,3,4,4,4-heptafluoro-3-
(trifluoromethyl)-.
(a) * * *
(2) * * *
(i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1) and (3) (when determining which persons are reasonable
likely to be exposed as required for Sec. 721.63(a)(1), engineering
control measures (e.g., enclosure or confinement of the operation,
general and local ventilation) or administrative control measures
(e.g., workplace policies and procedures) shall be considered and
implemented to prevent
[[Page 10617]]
exposures, where feasible), (b) (concentration set at 1.0%), and (c).
(ii) Hazard communication. Requirements as specified in Sec.
721.72(a) through (d), (f), (g)(1)(i), (g)(2)(i)(v), (g)(3) (harmful to
aquatic organisms) (harmful to fish), (g)(4)(iii), and (g)(5). It is a
significant new use unless containers of the PMN substance are labeled
with the statement: ``Contains a dielectric fluid which should not be
mixed or used in conjunction with sulfur hexafluoride (SF6)''.
Alternative hazard and warning statements that meet the criteria of the
Globally Harmonized System and OSHA Hazard Communication Standard may
be used.
* * * * *
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3. In Sec. 721.11236, revise paragraph (a)(1) to read as follows:
Sec. 721.11236 Heteromonocycle, homopolymer, alkyl substituted
carbamate, alkyl ester (generic).
(a) * * *
(1) The chemical substances identified generically as
heteromonocycle, homopolymer, alkyl substituted carbamate, alkyl ester
(PMN P-17-373 chemical A and P-17-373 chemical B) 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 substance after they have been
completely reacted (cured).
* * * * *
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4. In Sec. 721.11237, revise paragraph (a)(1) to read as follows:
Sec. 721.11237 Polysiloxanes, di alkyl, substituted alkyl group
terminated, alkoxylated, reaction products with alkanoic acid,
isocyanate substituted-alkyl carbomonocycle and polyol (generic).
(a) * * * (1) The chemical substance identified generically as
polysiloxanes, di alkyl, substituted alkyl group terminated,
alkoxylated, reaction products with alkanoic acid, isocyanate
substituted alkyl carbomonocycle and polyol (PMN P-17-374) is subject
to reporting under this section for the significant new uses described
in paragraph (a)(2) of this section. The requirements of this section
do not apply to quantities of the PMN substance after they have been
completely reacted (cured).
* * * * *
[FR Doc. 2020-02906 Filed 2-24-20; 8:45 am]
BILLING CODE 6560-50-P
