Significant New Use Rules on Certain Chemical Substances (20-1.5e), 26419-26438 [2020-08714]
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Federal Register / Vol. 85, No. 86 / Monday, May 4, 2020 / Proposed Rules
from the standards in Section 3 of this
regulation’’). These revisions do not
change how the regulation operates and
solely serves as an update to clarify that
the exemption only applies to emissions
standards in each regulation, as
recordkeeping requirements are still
explicitly required.
III. Incorporation by Reference
In this document, EPA is proposing to
include in a final EPA rule regulatory
text that includes incorporation by
reference. In accordance with
requirements of 1 CFR 51.5, EPA is
proposing to incorporate by reference
Louisville Metro Air Pollution Control
District Regulation 6.31, Standard of
Performance for Existing Miscellaneous
Metal Parts and Products Surface
Coating Operations, Version 7, and
Regulation 7.59, Standard of
Performance for New Miscellaneous
Metal Parts and Products Surface
Coating Operations, Version 7, state
effective June 19, 2019. EPA has made,
and will continue to make, these
materials generally available through
www.regulations.gov and at the EPA
Region 4 office (please contact the
person identified in the ‘‘For Further
Information Contact’’ section of this
preamble for more information).
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IV. Proposed Action
EPA is proposing to approve the
change to Regulation 6.31, Standard of
Performance for Existing Miscellaneous
Metal Parts and Products Surface
Coating Operations, and Regulation
7.59, Standard of Performance for New
Miscellaneous Metal Parts and Products
Surface Coating Operations, of the
Jefferson County portion of the
Kentucky SIP as submitted on
September 5, 2019. This change clarifies
the existing regulations’ applicability
and is consistent with the CAA.
V. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. This action merely proposes to
approve state law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
this proposed action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
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October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866;
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1955 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in the
Executive Order 13132 (64 FR 43255,
August 10, 1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• 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). The
SIP is not approved to apply on any
Indian reservation land or any other
area where EPA or an Indian tribe has
demonstrated that a tribe has
jurisdiction. In those areas of Indian
country, the rules do not have tribal
implications as specified by Executive
Order 13175 (65 FR 67249, November 9,
2000), nor will it impose substantial
direct costs on tribal governments or
preempt tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Ozone, Particulate matter, Reporting
and recordkeeping requirements,
Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Mary Walker,
Regional Administrator, Region 4.
[FR Doc. 2020–08905 Filed 5–1–20; 8:45 am]
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26419
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 721
[EPA–HQ–OPPT–2019–0596; FRL–10007–
65]
RIN 2070–AB27
Significant New Use Rules on Certain
Chemical Substances (20–1.5e)
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
EPA is proposing significant
new use rules (SNURs) under the Toxic
Substances Control Act (TSCA) for
chemical substances that were the
subject of premanufacture notices
(PMNs) and are subject to Orders issued
by EPA pursuant TSCA. The SNURs
require persons who intend to
manufacture (defined by statute to
include import) or process any of these
chemical substances for an activity that
is proposed 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: Comments must be received on
or before June 3, 2020.
ADDRESSES: Submit your comments,
identified by docket identification (ID)
number EPA–HQ–OPPT–2019–0596, by
one of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute.
• Mail: Document Control Office
(7407M), Office of Pollution Prevention
and Toxics (OPPT), Environmental
Protection Agency, 1200 Pennsylvania
Ave. NW, Washington, DC 20460–0001.
• Hand Delivery: To make special
arrangements for hand delivery or
delivery of boxed information, please
follow the instructions at https://
www.epa.gov/dockets/contacts.html.
Additional instructions on
commenting or visiting the docket,
along with more information about
dockets generally, is available at https://
www.epa.gov/dockets.
SUMMARY:
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For
technical information contact: Kenneth
Moss, Chemical Control Division
(7405M), Office of Pollution Prevention
and Toxics, Environmental Protection
Agency, 1200 Pennsylvania Ave. NW,
Washington, DC 20460–0001; telephone
number: (202) 564–9232; email address:
moss.kenneth@epa.gov.
For general information contact: The
TSCA-Hotline, ABVI-Goodwill, 422
South Clinton Ave., Rochester, NY
14620; telephone number: (202) 554–
1404; email address: TSCA-Hotline@
epa.gov.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
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I. General Information
A. Does this action apply to me?
You may be potentially affected by
this action if you manufacture, process,
or use the chemical substances
contained in this proposed rule. The
following list of North American
Industrial Classification System
(NAICS) codes is not intended to be
exhaustive, but rather provides a guide
to help readers determine whether this
document applies to them. Potentially
affected entities may include:
• Manufacturers or processors of one
or more subject chemical substances
(NAICS codes 325 and 324110), e.g.,
chemical manufacturing and petroleum
refineries.
This action may also affect certain
entities through pre-existing import
certification and export notification
rules under TSCA. Chemical importers
are subject to the TSCA section 13 (15
U.S.C. 2612) import certification
requirements promulgated at 19 CFR
12.118 through 12.127 and 19 CFR
127.28. Chemical importers must certify
that the shipment of the chemical
substance complies with all applicable
rules and Orders under TSCA. Importers
of chemicals subject to final SNURs
must certify compliance with the SNUR
requirements. The EPA policy in
support of import certification appears
at 40 CFR part 707, subpart B. In
addition, any persons who export or
intend to export a chemical substance
that is the subject of this proposed rule
on or after June 3, 2020 are subject to
the export notification provisions of
TSCA section 12(b) (15 U.S.C. 2611(b))
(see 40 CFR 721.20), and must comply
with the export notification
requirements in 40 CFR part 707,
subpart D.
B. What should I consider as I prepare
my comments for EPA?
1. Submitting CBI. Do not submit this
information to EPA through
regulations.gov or email. Clearly mark
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the part or all of the information that
you claim to be CBI. For CBI
information in a disk or CD–ROM that
you mail to EPA, mark the outside of the
disk or CD–ROM as CBI and then
identify electronically within the disk or
CD–ROM the specific information that
is claimed as CBI. In addition to one
complete version of the comment that
includes information claimed as CBI, a
copy of the comment that does not
contain the information claimed as CBI
must be submitted for inclusion in the
public docket. Information so marked
will not be disclosed except in
accordance with procedures set forth in
40 CFR part 2.
2. Tips for preparing your comments.
When preparing and submitting your
comments, see the commenting tips at
https://www.epa.gov/dockets/
comments.html.
II. Background
A. What action is the agency taking?
EPA is proposing these SNURs under
TSCA section 5(a)(2) for chemical
substances that were the subject of
PMNs. These proposed SNURs would
require persons to notify EPA at least 90
days before commencing the
manufacture or processing of a chemical
substance for any activity proposed as a
significant new use. Receipt of such
notices would allow EPA to assess risks
and, if appropriate, to regulate the
significant new use before it may occur.
Additional background regarding
SNURs is more fully set out in the
preamble to EPA’s first direct final
SNUR published in the Federal Register
issue of April 24, 1990 (55 FR 17376).
Consult that preamble for further
general information on the objectives,
rationale, and procedures for SNURs
and on the basis for significant new use
designations, including provisions for
developing test data.
B. What is the Agency’s authority for
taking this action?
TSCA section 5(a)(2) (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
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manufacturing or processing from
commencing until EPA has conducted a
review of the notice, made an
appropriate determination, 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 proposed 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 40 CFR 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). 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
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
TSCA section 5(a)(2) 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
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IV. Substances Subject to This Proposed
Rule
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 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), include requirements
addressing performance criteria for
sampling and analytical methods,
periodic monitoring, respiratory
protection, and recordkeeping. 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 40 CFR 721.63
respirator requirements may request to
do so under 40 CFR 721.30. EPA expects
that persons whose 40 CFR 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.
The chemicals subject to these
proposed SNURs are as follows:
EPA is proposing significant new use
and recordkeeping requirements for
certain chemical substances in 40 CFR
part 721, subpart E. In this unit, EPA
provides the following information for
each chemical substance:
• PMN number.
• Chemical name (generic name, if
the specific name is claimed as CBI).
• Chemical Abstracts Service (CAS)
Registry number (if assigned for nonconfidential chemical identities).
• Effective date of and basis for the
TSCA section 5(e) Order.
• Potentially Useful Information.
• CFR citation assigned in the
regulatory text section of the proposed
rule.
These proposed rules include PMN
substances that are subject to Orders
issued under TSCA section 5(e)(1)(A), as
required by the determinations made
under TSCA section 5(a)(3)(B). Those
Orders require protective measures to
limit exposures or otherwise mitigate
the potential unreasonable risk. The
proposed SNURs would identify as
significant new uses any manufacturing,
processing, use, distribution in
commerce, or disposal that does not
conform to the restrictions imposed by
PMN Number: P–14–865
Chemical Name: Aromatic amide
oxime (generic).
CAS Number: Not available.
Effective date of TSCA section 5(e)
Order: September 6, 2018.
Basis for TSCA section 5(e) Order:
The PMN states that the generic (nonconfidential) use of the PMN substance
will be as an intermediate. EPA
identified concerns for mutagenicity
based on analysis of test data on
analogs. EPA also identified concerns
for toxicity to fish based on analysis of
test data on the PMN substance. The
Order was issued under TSCA sections
5(a)(3)(B)(ii)(I) and 5(e)(I)(A)(ii)(I), based
on a finding that in the absence of
sufficient information to permit a
reasoned evaluation the substance may
present an unreasonable risk of injury to
human health and the environment. To
protect against these risks, the TSCA
Order requires:
• Use of personal protective
equipment (where there is potential for
dermal exposure);
• Use of the PMN substance only as
a chemical intermediate; and
• No predictable or purposeful
release of a manufacturing, processing,
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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 TSCA section 5(a)(2) factors listed
in this unit. These proposed rules
include PMN substances that are subject
to Orders issued under TSCA section
5(e)(1)(A), as required by the
determinations made under TSCA
section 5(a)(3)(B). Those Orders require
protective measures to limit exposures
or otherwise mitigate the potential
unreasonable risk. The proposed SNURs
would identify as significant new uses
any manufacturing, processing, use,
distribution in commerce, or disposal
that does not conform to the restrictions
imposed by the underlying Orders,
consistent with TSCA section 5(f)(4).
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26421
or use stream associated with any use of
the PMN substance into the waters of
the United States exceeding a surface
water concentration of 30 parts per
billion (ppb).
The SNUR designates as a ‘‘significant
new use’’ the absence of these protective
measures.
Potentially useful information: EPA
has determined that certain information
may be potentially useful to characterize
the effects of the PMN substance in
support of a request by the PMN
submitter to modify the Order, or if a
manufacturer or processor is
considering submitting a SNUN for a
significant new use that would be
designated by this SNUR. EPA has also
determined that the results of specific
reproductive/developmental testing and
chronic aquatic toxicity testing would
help characterize the potential human
and environmental effects of the PMN
substance. Although the Order does not
require these tests, the Order’s
restrictions remain in effect until the
Order is modified or revoked by EPA
based on submission of this or relevant
information.
CFR citation: 40 CFR 721.11466.
PMN Number: P–15–54
Chemical Name: Carbon nanotubes
(generic).
CAS Number: Not available.
Effective Date of TSCA section 5(e)
Order: December 17, 2019.
Basis for TSCA section 5(e) Order:
The PMN states that the use of the PMN
substance will be as a chemical
intermediate to manufacture
functionalized carbon nanotubes by
oxidation with nitric acid; an additive
in rubber polymers to improve
mechanical/physical/chemical/
electrical properties; an additive in resin
polymers to improve mechanical/
physical/chemical/electrical properties;
an additive in metals to improve
electrical/thermal properties; an
additive in ceramics to improve
mechanical/electrical/thermal
properties; a semi-conductor,
conductive, or resistive element in
electronic circuitry and devices; an
electric collector element or electrode in
energy devices; a photoelectric or
thermoelectric conversion elements in
energy devices; a catalyst support
element or catalytic electrode for use in
energy devices; an additive for
transparency and conductivity in
electronic devices; and an electromechanical element in actuator, sensor,
or switching devices. Based on carbon
nanotube analogues, data submitted for
the PMN substance, and comparison to
analogous respirable, poorly soluble
particulates, EPA identified concerns for
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pulmonary toxicity and oncogenicity. A
direct final SNUR was issued for this
PMN substance on November 17, 2016
(81 FR 81250), and withdrawn on
January 19, 2017 (82 FR 6277) in
response to the PMN submitter’s intent
to submit adverse comments, which was
a request to modify the original 5(e)
Order to add more uses. The Order (as
modified) was issued under TSCA
sections 5(a)(3)(B)(ii)(I) and
5(e)(1)(A)(ii)(I), based on a finding that
in the absence of sufficient information
to permit a reasoned evaluation the
substance may present an unreasonable
risk of injury to human health and the
environment. To protect against these
risks, the TSCA Order requires:
• Use of personal protective
equipment where there is a potential for
dermal exposure;
• Use of a National Institute for
Occupational Safety and Health
(NIOSH)-certified respirator with an
Assigned Protection Factor (APF) of at
least 50 where there is a potential for
inhalation exposure;
• Use of the PMN substance other
than as allowed in the TSCA Order;
• Waste streams from manufacture,
processing, and use must be disposed of
only by incineration or landfill; and
• No predictable or purposeful
release of a manufacturing, processing,
or use stream associated with any use of
the PMN substance into the waters of
the United States.
The proposed SNUR would designate
as a ‘‘significant new use’’ in the
absence of these protective measures.
Potentially useful information: EPA
has determined that certain information
about the environmental effects of the
PMN substance may be potentially
useful in support of a request by the
PMN submitter to modify the TSCA
Order, or if a manufacturer or processor
is considering submitting a SNUN for a
significant new use that would be
designated by this SNUR. EPA has
determined that the results of chronic
aquatic toxicity testing, with NOM
(natural organic matter) as the
dispersant, may be potentially useful to
characterize the environmental effects of
the PMN substance. Although the TSCA
Order does not require these tests, the
TSCA Order’s restrictions remain in
effect until the TSCA Order is modified
or revoked by EPA based on submission
of this or other relevant information.
CFR citation: 40 CFR 721.11467.
PMN Number: P–16–583
Chemical Name: Aromatic
hydrocarbon resin (generic).
CAS Number: Not available.
Effective date of TSCA section 5(e)
Order: October 17, 2018.
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Basis for TSCA section 5(e) Order:
The PMN states that the use of the PMN
substance will be as a sealant for head
lamps of cars. EPA identified concern
for hydrocarbon pneumonia if the PMN
substance is manufactured with a higher
proportion of lower molecular weight
species during heating. The Order was
issued under TSCA sections
5(a)(3)(B)(ii)(I) and 5(e)(I)(A)(ii)(I), based
on a finding that in the absence of
sufficient information to permit a
reasoned evaluation the substance may
present an unreasonable risk of injury to
human health. To protect against these
risks, the TSCA Order requires:
• Manufacture of the PMN substance
such that the number average molecular
weight is at least 1,000 grams per mole;
and
• Use of the PMN substance only as
a hot-melt sealant for motor vehicle
lamps.
The SNUR designates as a ‘‘significant
new use’’ the absence of these protective
measures.
Potentially useful information: EPA
has determined that certain information
about the health effects of the PMN
substance may be potentially useful in
support of a request by the PMN
submitter to modify the TSCA Order, or
if a manufacturer or processor is
considering submitting a SNUN for a
significant new use that would be
designated by this SNUR. EPA has also
determined that the results of specific
organ toxicity testing would help
characterize the potential human health
effects of the PMN substance. Although
the Order does not require these tests,
the TSCA Order’s restrictions remain in
effect until the TSCA Order is modified
or revoked by EPA based on submission
of this or relevant information.
CFR citation: 40 CFR 721.11468.
that exceed 330 ppb. The Order was
issued under TSCA sections
5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I),
based on a finding that in the absence
of sufficient information to permit a
reasoned evaluation, the substance may
present an unreasonable risk of injury to
human health or the environment. To
protect against these risks, the TSCA
Order requires:
• No predictable or purposeful
release of a manufacturing, processing,
or use stream associated with any use of
the PMN substances into the waters of
the United States exceeding a surface
water concentration of 330 ppb.
The proposed SNUR would designate
as a ‘‘significant new use’’ in the
absence this protective measure.
Potentially Useful Information: EPA
has determined that certain information
about the human health effects of the
PMN substances may be potentially
useful in support of a request by the
PMN submitter to modify the TSCA
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 in vitro
toxicokinetics/metabolism information,
specific target organ toxicity, and
reproductive/development toxicity
testing may be potentially useful to
characterize the human health effects of
the PMN substances. Although the
TSCA Order does not require these tests,
the TSCA Order’s restrictions remain in
effect until the TSCA Order is modified
or revoked by EPA based on submission
of this or other relevant information.
CFR citations: 40 CFR 721.11469 (P–
17–193, chemical A) and 40 CFR
721.11470 (P–17–193, chemical B).
PMN Number: P–17–221
Chemical name: Alkylheterocyclic
PMN Number: P–17–193
amine blocked isocyanate, alkoxysilane
Chemical Names: Pentaerythritol ester polymer (generic).
CAS number: Not available.
of mixed linear and branched carboxylic
Effective date of TSCA section 5(e)
acids (generic) (P–17–193, chemical A)
Order: October 17, 2018.
and Dipentaerythritol ester of mixed
Basis for TSCA section 5(e) Order:
linear and branched carboxylic acids
The PMN states that the generic (non(generic) (P–17–193, chemical B).
confidential) use of the PMN substance
CAS Numbers: Not available.
will be as a coating polymer. Based on
Effective Date of TSCA section 5(e)
analysis of test data on reactivity of the
Order: January 8, 2020.
methoxy and ethoxy silane moieties as
Basis for TSCA section 5(e) Order:
well as the release of methanol, EPA
The PMN states that the generic (nonconfidential) use of the PMN substances identified concerns for ocular toxicity,
irritation to eyes, skin, lung, and
will be as a synthetic lubricant for
mucous membranes. The TSCA Order
contained use and as an industrial
was issued under TSCA sections
lubricant. Based on analogue data, EPA
5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I),
has identified concerns for
based on a finding that the in the
reproductive/developmental effects,
absence of sufficient information to
systemic toxicity, and kidney effects.
permit a reasoned evaluation the
Based on comparison to analogous
substance may present an unreasonable
esters, EPA predicts drinking water
risk of injury to human health and the
toxicity may occur at concentrations
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environment. To protect against these
risks, the TSCA Order requires:
• Use of personal protective
equipment including chemically
impervious gloves and eye goggles,
(where there is potential for dermal
exposure);
• No use of the PMN substance at a
concentration greater than 10% in
formulation;
• Establishment and use of a hazard
communication program, including
human health precautionary statements
on each label and in the Safety Data
Sheet (SDS); and
• Use of the PMN substance only for
the confidential use allowed in the
TSCA Order.
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 health effects of the PMN
substance may be potentially useful in
support of a request by the PMN
submitter to modify the TSCA Order, or
if a manufacturer or processor is
considering submitting a SNUN for a
significant new use that would be
designated by this SNUR. EPA has also
determined that the results of specific
irritation and lung effect testing would
help characterize the potential human
effects of the PMN substance. Although
the TSCA Order does not require these
tests, the TSCA Order’s restrictions
remain in effect until the TSCA Order
is modified or revoked by EPA based on
submission of this or relevant
information.
CFR citation: 40 CFR 721.11471.
PMN Number: P–17–282
Chemical Name: Isocyanic acid,
polymethylenepolyphenylene ester,
caprolactam- and phenol-blocked.
CAS Number: 2093945–13–0.
Effective Date of TSCA section 5(e)
Order: January 13, 2020.
Basis for TSCA section 5(e) Order:
The PMN states that the use of the PMN
substance will be as a blocked
crosslinker for electrical insulation
coating used on stators and motors.
Based on the release of phenol, EPA has
identified concerns for irritation to
membranes, blood toxicity, and
developmental toxicity. Based on the
release of caprolactam, EPA has also
identified concerns for eye, skin, and
respiratory irritation, skin and
respiratory sensitization, lung effects,
kidney toxicity, and developmental
toxicity. Based on comparison to
analogous carbamate esters-phenyl and
carbonyl ureas, EPA predicts toxicity to
aquatic organisms may occur at
concentrations that exceed 1 ppb. The
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TSCA Order was issued under TSCA
sections 5(a)(3)(B)(ii)(I) and
5(e)(1)(A)(ii)(I), based on a finding that
in the absence of sufficient information
to permit a reasoned evaluation the
substance may present an unreasonable
risk of injury to human health and the
environment. To protect against these
risks, the TSCA Order requires:
• No modification of the
manufacture, processing, or use of the
PMN substance in any manner that
generates inhalation exposure to phenol
or caprolactam; and
• No predictable or purposeful
release of a manufacturing, processing,
or use stream associated with any use of
the PMN substance into the waters of
the United States exceeding a surface
water concentration of 1 ppb.
The proposed SNUR would designate
as a ‘‘significant new use’’ in the
absence of these protective measures.
Potentially Useful Information: EPA
has determined that certain information
about the human health and
environmental effects of the PMN
substance may be potentially useful in
support of a request by the PMN
submitter to modify the TSCA 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 aquatic
toxicity, developmental toxicity,
pulmonary effects, eye damage, skin
irritation/corrosion, and skin
sensitization testing may be potentially
useful to characterize the human health
and environmental effects of the PMN
substance. Although the Order does not
require these tests, the TSCA Order’s
restrictions remain in effect until the
TSCA Order is modified or revoked by
EPA based on submission of this or
other relevant information.
CFR citation: 40 CFR 721.11472.
PMN Number: P–17–334
Chemical Name: Benzamide, 2(trifluoromethyl)-.
CAS Number: 360–64–5.
Effective date of TSCA section 5(e)
Order: August 20, 2018.
Basis for TSCA section 5(e) Order:
The PMN states that the generic (nonconfidential) use of the PMN substance
will be as a chemical precursor. EPA has
identified concerns for neurotoxic
effects based on analog data. There are
concerns for oncogenicity based on test
data. To the extent the chemical
substance is metabolized, there are
concerns for reproductive,
developmental and neurotoxicity, lung,
neurotoxicity, liver, and kidney effects
based on analog data for the potential
derivative metabolite. Based on
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analogous amides, EPA predicts
environmental effects may occur at
surface water concentrations that exceed
39 parts per billion. The TSCA Order
was issued under TSCA sections
5(a)(3)(B)(ii)(I) based on a finding that
the substances may present an
unreasonable risk of injury to human
health or the environment. To protect
against these risks, the TSCA Order
requires:
• No domestic manufacture of the
PMN substance;
• Use of personal protective
equipment (where there is potential for
dermal exposure); Establishment and
use of a hazard communication
program, including human health
precautionary statements on each label
and in the SDS;
• Import for processing and use only
as a chemical intermediate, as required
by the Order, with no alteration of
processes that result in the generation of
a dust, mist or aerosol; and
• No predictable or purposeful
release of a manufacturing, processing,
or use stream associated with any use of
the PMN substance into the waters of
the United States exceeding a surface
water concentration of 39 ppb.
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 health and environmental
effects of the PMN substance may be
potentially useful in support of a
request by the PMN submitter to modify
the TSCA Order, or if a manufacturer or
processor is considering submitting a
SNUN for a significant new use that
would be designated by this SNUR. EPA
has also determined that the results of
specific absorption and metabolism
testing and chronic aquatic toxicity
testing would help characterize the
potential human and environmental
effects of the PMN substance. Although
the TSCA Order does not require these
tests, the TSCA Order’s restrictions
remain in effect until the TSCA Order
is modified or revoked by EPA based on
submission of this or relevant
information.
CFR citation: 40 CFR 721.11473.
PMN Number: P–17–386
Chemical Name: Cashew, nutshell liq.
polymer with formaldehyde, phenol and
resorcinol.
CAS Number: 2044014–81–3.
Effective date of TSCA section 5(e)
Order: October 19, 2018.
Basis for TSCA section 5(e) Order:
The PMN states that the use of the
substance will be as an additive as a
processing aid for automotive tire stock
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(tackifier for synthetic automotive tire
stock). EPA identified concerns for
sensitization based on resorcinol and
cashew nutshell oil. The TSCA Order
was issued under TSCA sections
5(a)(3)(B)(ii)(I) and 5(e)(I)(A)(ii)(I), based
on a finding that in the absence of
sufficient information to permit a
reasoned evaluation the substance may
present an unreasonable risk of injury to
human health. The TSCA Order was
also issued under TSCA sections
5(a)(3)(B)(ii)(II) and 5(e)(1)(A)(ii)(II),
based on a finding that the substance is
or will be produced in substantial
quantities and that the substance either
enters or may reasonably be anticipated
to enter the environment in substantial
quantities, or there is or may be
significant (or substantial) human
exposure to the substance. To protect
against these risks, the TSCA Order
requires:
• Submission to EPA of certain
toxicity testing within 12 months of
submission of a Notice of
Commencement or Manufacture or
Import (NOC) for the PMN substance;
• Use of personal protective
equipment (where there is potential for
dermal exposure);
• Use of a NIOSH-certified respirator
with an APF of at least 50 (where there
is a potential for inhalation exposure);
and
• No use of the PMN substance in a
consumer product.
The SNUR designates as a ‘‘significant
new use’’ the absence of these protective
measures.
Potentially useful information: EPA
has determined that certain information
about the health effects of the PMN
substance may be potentially useful in
support of a request by the PMN
submitter to modify the Order, or if a
manufacturer or processor is
considering submitting a SNUN for a
significant new use that would be
designated by this SNUR. EPA has also
determined that the results of specific
sensitization testing would help
characterize the potential human effects
of the PMN substance. The submitter
has agreed not to exceed a certain
production volume limit without
performing an acute aquatic toxicity
testing. Although the TSCA Order does
not require these tests, the TSCA
Order’s restrictions remain in effect
until the TSCA Order is modified or
revoked by EPA based on submission of
this or relevant information.
CFR citation: 40 CFR 721.11474.
PMN Number: P–18–12
Chemical Name: Polyester polyol
(generic).
CAS Number: Not available.
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Effective Date of TSCA section 5(e)
Order: January 30, 2020.
Basis for TSCA section 5(e) Order:
The PMN states that the generic (nonconfidential) use will be as adhesives.
Based on the chelation of calcium to
form calculi, EPA has identified concern
for bladder toxicity. Based on
comparison to analogous esters, EPA
predicts toxicity to aquatic organisms
may occur at concentrations that exceed
1 ppb. The Order was issued under
TSCA sections 5(a)(3)(B)(ii)(I) and
5(e)(1)(A)(ii)(I), based on a finding that
in the absence of sufficient information
to permit a reasoned evaluation, the
substance may present an unreasonable
risk of injury to human health or the
environment. To protect against these
risks, the TSCA Order requires:
• No predictable or purposeful
release of a manufacturing, processing,
or use stream associated with any use of
the PMN substance into the waters of
the United States exceeding a surface
water concentration of 1 ppb.
The proposed SNUR would designate
as a ‘‘significant new use’’ in the
absence of this protective measure.
Potentially Useful Information: EPA
has determined that certain information
about the human health and
environmental effects of the PMN
substance may be potentially useful in
support of a request by the PMN
submitter to modify the Order, or if a
manufacturer or processor is
considering submitting a SNUN for a
significant new use that will be
designated by this SNUR. EPA has
determined that the results of acute
ecotoxicity base set, chronic ecotoxicity
base set, and specific target organ
toxicity testing may be potentially
useful to characterize the human health
and environmental effects of the PMN
substance. Although the TSCA Order
does not require these tests, the TSCA
Order’s restrictions remain in effect
until the TSCA Order is modified or
revoked by EPA based on submission of
this or other relevant information.
CFR citation: 40 CFR 721.11475.
PMN Number: P–18–18
Chemical Name: Fluorinated acrylate,
polymer with alkyloxirane
homopolymer monoether with
alkanediol mono(2-methyl-2propenoate), tert-Bu 2ethylhexaneperoxoate-initiated
(generic).
CAS Number: Not available.
Effective date of TSCA section 5(e)
Order: October 3, 2019.
Basis for TSCA section 5(e) Order:
The PMN states that the generic (nonconfidential) use of the PMN substance
will be as a lubricant. Based on
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estimated physical/chemical properties
of the PMN substance, comparison to
structurally analogous chemical
substances, and structural alerts for
perfluoro compounds, EPA has
identified lung effects and systemic
effects. Based on structural alerts for
peroxides and acrylates, EPA has also
identified skin sensitization. The Order
was issued under TSCA sections
5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I),
based on a finding that in the absence
of specific information to permit a
reasoned evaluation the substance may
present an unreasonable risk of injury to
human health or the environment. To
protect against these risks, the TSCA
Order requires:
• No manufacture (including import)
of the PMN substance beyond the
confidential annual production volume;
• Refrain from domestic manufacture
of the PMN substance (i.e., import only);
• Refrain from manufacturing,
processing, distributing in commerce or
using the PMN substance in a manner
that would result in the generation of
respirable forms (i.e., mist, vapor, or
aerosol); and
• No predictable or purposeful
release of a manufacturing, processing,
or use stream associated with any use of
the PMN substance into the waters of
the United States.
The proposed SNUR would designate
as a ‘‘significant new use’’ the absence
of these protective measures.
Potentially useful information: EPA
has determined that certain information
may be potentially useful to characterize
the human health effects of the PMN
substance in support of a request by the
PMN submitter to modify the TSCA
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 skin
sensitization and specific target organ
toxicity testing would help characterize
the potential health effects of the PMN
substance. Although the TSCA Order
does not require these tests, the TSCA
Order’s restrictions remain in effect
until the TSCA Order is modified or
revoked by EPA based on submission of
this or relevant information.
CFR citation: 40 CFR 721.11476.
PMN Number: P–18–42
Chemical name: 2,5-Furandione,
polymer with 2-ethyl-2(hydroxymethyl)-1,3-propanediol,
3a,4,5,6,7,7a-hexahydro-4,7-methano1H-inden-5(or 6)-yl ester, ester with 2,3dihydroxypropyl neodecanoate,
polymer with 5-isocyanato-1(isocyanatomethyl)-1,3,3trimethylcyclohexane, 2-hydroxyethyl
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acrylate- and 2-hydroxyethyl
methacrylate-blocked.
CAS number: 2245262–16–0.
Effective date of TSCA section 5(e)
Order: September 19, 2018.
Basis for TSCA section 5(e) Order:
The PMN states that the generic (nonconfidential) use of the PMN substance
will be as an industrial coating. Based
on analysis of test data on analogous
acrylates, EPA identified concerns for
mutagenicity, oncogenicity,
developmental toxicity, liver toxicity,
kidney toxicity, sensitization, and
irritation. The Order was issued under
TSCA sections 5(a)(3)(B)(ii)(I) based on
a finding that the substances may
present an unreasonable risk of injury to
human health or the environment. To
protect against these risks, the TSCA
Order requires:
• Use of personal protective
equipment (where there is potential for
dermal exposure);
• No use of the PMN substance
involving an application method that
generates a dust, mist, spray or aerosol;
• Establishment and use of a hazard
communication program, including
human health precautionary statements
on each label and in the SDS;
• Use of the PMN substance only for
the confidential use allowed in the
TSCA Order; and
• No use of the PMN substance in a
consumer product.
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 health effects of the PMN
substance may be potentially useful in
support of a request by the PMN
submitter to modify the TSCA Order, or
if a manufacturer or processor is
considering submitting a SNUN for a
significant new use that would be
designated by this SNUR. EPA has also
determined that the results of specific
sensitization and developmental
toxicity testing would help characterize
the potential human effects of the PMN
substance. Although the TSCA Order
does not require these tests, the TSCA
Order’s restrictions remain in effect
until the TSCA Order is modified or
revoked by EPA based on submission of
this or relevant information.
CFR citation: 40 CFR 721.11477.
PMN Numbers: P–18–52 and P–18–53
Chemical Names: Perfluoroalkyl
ethyl- and vinyl-modified
organopolysiloxane (generic).
CAS Numbers: Not available.
Effective date of TSCA section 5(e)
Order: January 14, 2020.
Basis for TSCA section 5(e) Order:
The PMNs state that the generic (non-
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confidential) use of the PMN substances
will be as coating agents. Based on high
molecular weight insoluble polymers
and polymers with perfluorinated tails,
EPA has identified concern for lung
effects (lung waterproofing and lung
overload). Based on analogue data for
the low molecular weight fraction, EPA
has also identified concerns for thyroid,
liver, and developmental toxicity. The
Order was issued under TSCA sections
5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I),
based on a finding that in the absence
of sufficient information to permit a
reasoned evaluation, the substances may
present an unreasonable risk of injury to
human health and the environment. To
protect against these risks, the TSCA
Order requires:
• Use of personal protective
equipment to prevent dermal exposure
where there is a potential for dermal
exposure;
• 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
0.0015 mg/m3 as an 8-hour timeweighted average (TWA) to prevent
inhalation exposure;
• Establishment of a hazard
communication program, including
human health precautionary statements
on each label and in the SDS;
• No domestic manufacture of the
PMN substances (i.e., import only);
• No import of the PMN substances
beyond the annual production volumes
of 420 kg for P–18–52 and 336 kg for P–
18–53; and
The proposed SNUR would designate
as a ‘‘significant new use’’ the absence
of these protective measures.
Potentially Useful Information: EPA
has determined that certain information
about the human health effects of the
PMN substances may be potentially
useful in support of a request by the
PMN submitter to modify the TSCA
Order, or if a manufacturer or processor
is considering submitting a SNUN for a
significant new use that would be
designated by this SNUR. EPA has
determined that the results of specific
target organ toxicity, pulmonary effects,
and reproductive toxicity testing may be
potentially useful to characterize the
human health effects of the PMN
substances. Although the TSCA Order
does not require these tests, the TSCA
Order’s restrictions remain in effect
until the TSCA Order is modified or
revoked by EPA based on submission of
this or other relevant information.
CFR citations: 40 CFR 721.11478 (P–
18–52) and 40 CFR 721.11479 (P–18–
53).
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PMN Number: P–18–62
Chemical Name: Oxirane, 2,2′[cyclohexylidenebis(4,1phenyleneoxymethylene)]bis-.
CAS Number: 13446–84–9.
Effective Date of TSCA section 5(e)
Order: January 29, 2020.
Basis for TSCA section 5(e) Order:
The PMN states that the generic (nonconfidential) use will be for open, nondispersive use in coatings specifically
for the electronics fields. Based on
structural alerts for epoxides, EPA has
identified concerns for carcinogenicity
and reproductive effects. Based on
submitted test data on the PMN
substance and comparison to
structurally analogous chemical
substances, EPA has also identified
concerns for mutagenicity and kidney
effects. Based on QSAR predictions for
analogous epoxides and neutral
organics, EPA also predicts toxicity to
aquatic organisms may occur at
concentrations that exceed 1 ppb. The
Order was issued under TSCA sections
5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I),
based on a finding that in the absence
of sufficient information to permit a
reasoned evaluation, the substance may
present an unreasonable risk of injury to
human health or the environment. To
protect against these ricks, the TSCA
Order requires:
• Use of personal protective
equipment to prevent dermal exposure
where there is a potential for dermal
exposure;
• Use of a NIOSH-certified respirator
with an APF of at least 1,000 where
there is a potential for inhalation
exposure;
• Establishment of a hazard
communication program, including
human health precautionary statements
on each label and in the SDS;
• No manufacture or processing of the
PMN substance in any manner which
generates inhalation exposures;
• No use of the PMN substance other
than as described in the PMN; and
• No predictable or purposeful
release of a manufacturing, processing,
or use stream associated with any use of
the PMN substance into the waters of
the United States exceeding a surface
water concentration of 1 ppb.
The proposed SNUR would designate
as a ‘‘significant new use’’ in the
absence of these protective measures.
Potentially Useful Information: EPA
has determined that certain information
about the human health and
environmental effects of the PMN
substance may be potentially useful in
support of a request by the PMN
submitter to modify the TSCA Order, or
if a manufacturer or processor is
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considering submitting a SNUN for a
significant new use that will be
designated by this SNUR. EPA has
determined that the results of aquatic
toxicity, specific target organ toxicity,
reproductive toxicity, and
carcinogenicity testing may be
potentially useful to characterize the
human health and environmental effects
of the PMN substance. Although the
TSCA Order does not require these tests,
the TSCA Order’s restrictions remain in
effect until the TSCA Order is modified
or revoked by EPA based on submission
of this or other relevant information.
CFR citation: 40 CFR 721.11480.
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PMN Numbers: P–18–74 and P–18–75
Chemical Names: Saturated fatty acid,
reaction products with cadmium zinc
selenide sulfide and polymeric amine
(generic) (P–18–74) and Saturated fatty
acid, reaction products with cadmium
zinc selenide sulfide, alkylamine and
polymeric amine (generic) (P–18–75).
CAS Numbers: Not available.
Effective Date of TSCA section 5(e)
Order: January 31, 2020.
Basis for TSCA section 5(e) Order:
The PMN for P–18–74 states that use
will be as a chemical intermediate for a
quantum dot used as an optical downconverter (50%), and quantum dot in an
optical down-converter (50%). The
PMN for P–18–75 states that use will be
as a quantum dot used in an optical
down-converter. Based on the physical/
chemical properties of the PMN
substances and comparison to
structurally analogous chemical
substances, EPA has identified concerns
for carcinogenicity, immunotoxicity,
lung effects, dermal, ocular and
respiratory irritation, and undesignated
sensitization. The Order was issued
under TSCA sections 5(a)(3)(B)(ii)(I) and
5(e)(1)(A)(ii)(I), based on a finding that
in the absence of sufficient information
to permit a reasoned evaluation, the
substances may present an unreasonable
risk of injury to human health or the
environment. To protect against these
risks, the TSCA Order requires:
• No manufacture of the PMN
substances with a cadmium percentage
greater than the confidential value
stated in the Order;
• No use of the PMN substance P–18–
74 other than as a chemical intermediate
for a quantum dot used as an optical
down-converter or as a quantum dot in
an optical down-converter;
• No use of the PMN substance P–18–
75 other than as a quantum dot used in
an optical down-converter;
• No manufacture, processing, or use
of the PMN substances in any manner
which results in inhalation exposure;
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• Manufacture, process, or use the
PMN substances only in liquid
formulation;
• Only dispose of the PMN
substances by incineration in a
permitted hazardous waste incinerator;
• No predictable or purposeful
release of a manufacturing, processing,
or use stream associated with any use of
the PMN substance into the waters of
the United States;
• Use of dermal personal protective
equipment where there is a potential for
dermal exposure; and
• Establishment and use of a hazard
communication program, including
human health precautionary statements
on each label and in the SDS.
The proposed SNUR would designate
as a ‘‘significant new use’’ in the
absence of these protective measures.
Potentially Useful Information: EPA
has determined that certain information
about the human health and
environmental effects of the PMN
substances may be potentially useful in
support of a request by the PMN
submitter to modify the TSCA 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 eye
damage, skin irritation, skin
sensitization, pulmonary toxicity,
specific target organ toxicity,
carcinogenicity, and acute and chronic
aquatic toxicity testing may be
potentially useful to characterize the
human health and environmental effects
of the PMN substances. Although the
TSCA Order does not require these tests,
the TSCA Order’s restrictions remain in
effect until the TSCA Order is modified
or revoked by EPA based on submission
of this or other relevant information.
CFR citations: 40 CFR 721.11481 (P–
18–74) and 40 CFR 721.11482 (P–18–
75).
PMN Number: P–18–160
Chemical name: Heteropolycyclic,
halo substituted alkyl substituteddiaromatic amino substituted
carbomonocycle, halo substituted alkyl
substituted heteropolycyclic,
tetraaromatic metalloid salt (1:1)
(generic).
CAS number: Not available.
Effective date of TSCA section 5(e)
Order: December 10, 2019.
Basis for TSCA section 5(e) Order:
The PMN states that the generic (nonconfidential) use of the substance will
be as a coating component. EPA
identified concerns for acute toxicity,
neurotoxicity, eye irritation, and
photosensitization based on physical/
chemical properties and comparison to
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analogous chemical substances. EPA has
also identified concerns for aquatic
toxicity based on comparison to
analogous cationic dyes. The Order was
issued under TSCA sections
5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I),
based on a finding that in the absence
of sufficient information to permit a
reasoned evaluation the substance may
present an unreasonable risk of injury to
human health and the environment. To
protect against these risks, the TSCA
Order requires:
Submission to EPA of certain toxicity
testing before manufacturing the
chemical for more than 18 months;
• Use of personal protective
equipment where there is a potential for
dermal exposure;
• Use of a NIOSH-certified respirator
with an APF of at least 50 to prevent
inhalation exposure where there is a
potential for inhalation exposure;
• Establishment of a hazard
communication program, including
health precautionary statements on each
label and in the SDS;
• Refraining from domestic
manufacture in the United States (i.e.,
import only);
• Refraining from manufacturing the
PMN substance beyond the confidential
annual manufacture (which includes
import) production volume specified in
the TSCA Order;
• Refraining from manufacturing the
PMN substance in the form of a powder,
liquid or gas (i.e., solid only); and
• No predictable or purposeful
release of a manufacturing, processing,
or use stream associated with any use of
the PMN substance into the waters of
the United States.
The proposed SNUR would designate
as a ‘‘significant new use’’ the absence
protective measures.
Potentially useful information: EPA
has determined that certain information
about the environmental and health
effects of the PMN substance may be
potentially useful in support of a
request by the PMN submitter to modify
the TSCA Order, or if a manufacturer or
processor is considering submitting a
SNUN for a significant new use that
would be designated by this SNUR. The
submitter has agreed not to exceed
certain production volume limits
without performing the combined
repeated dose toxicity with
reproduction/developmental toxicity
screening test with functional
observation battery test. EPA has also
determined that the results of chronic
aquatic toxicity, acute toxicity, eye
irritation, specific target organ toxicity,
and photosensitization testing may be
potentially useful to characterize the
environmental and human health effects
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of the PMN substance. Although the
TSCA Order does not require these tests,
the TSCA Order’s restrictions remain in
effect until the TSCA Order is modified
or revoked by EPA based on submission
of this or other relevant information.
CFR citation: 40 CFR 721.11483
PMN Numbers: P–18–237 and P–18–292
Chemical Names: Alkanediol,
polymer with 5-isocyanato-1(isocyanatomethyl)-1,3,3trimethylcyclohexane, alkylaminoalkyl
methacrylate- and
dialkylheteromonocycle-blocked
(generic) (P–18–237) and Alkanediol,
polymer with 5-isocyanato-1(isocyanatomethyl)-1,3,3trimethylcyclohexane, alkylaminoalkyl
methacrylate-blocked (generic) (P–18–
292).
CAS Numbers: Not available.
Effective date of TSCA section 5(e)
Order: September 17, 2019.
Basis for TSCA section 5(e) Order:
The PMNs state that the generic (nonconfidential) use of the PMN substances
will be for use in print resins. Based on
estimated physical/chemical properties
of the PMN substances, comparison to
structurally analogous chemical
substances, and structural alerts for
methacrylates, EPA has identified eye
and skin irritation, skin sensitization,
and systemic effects. Based on the
comparison to structurally analogous
acrylates/methacrylates, EPA predicts
toxicity to aquatic organisms may occur
at concentrations that exceed 1 ppb. The
Order was issued under TSCA sections
5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I),
based on a finding that in the absence
of specific information to permit a
reasoned evaluation the substance may
present an unreasonable risk of injury to
human health or the environment. To
protect against these risks, the TSCA
Order requires:
• No manufacturing, processing, or
use of the PMN substances in any
manner or method that generates dust,
spray, vapor, mist, or aerosol; and
• No predictable or purposeful
release of a manufacturing, processing,
or use stream associated with any use of
the PMN substance into the waters of
the United States exceeding a surface
water concentration of 1 ppb.
The proposed SNUR would designate
as a ‘‘significant new use’’ the absence
of these protective measures.
Potentially useful information: EPA
has determined that certain information
may be potentially useful to characterize
the human health and environmental
effects of the PMN substances if a
manufacturer or processor is
considering submitting a SNUN for a
significant new use that would be
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designated by this proposed SNUR. EPA
has determined that the results of
chronic aquatic toxicity, eye irritation,
skin irritation, skin sensitization, and
specific target organ toxicity testing
would help characterize the potential
health and environmental effects of the
PMN substances.
CFR citations: 40 CFR 721.11484 (P–
18–237) and 40 CFR 721.11485 (P–18–
292).
PMN Number: P–18–287
Chemical Name: Synthetic oil from
tires (generic).
CAS Number: Not available.
Effective Date of TSCA section 5(e)
Order: December 17, 2019.
Basis for TSCA section 5(e) Order:
The PMN states that the generic (nonconfidential) use of the substance will
be to produce ‘‘tires, wastes, pyrolyzed,
condensate oil fraction’’ (CASRN
1312024–02–4) from scrap tire
materials. The synthetic oil fraction
from tire waste pyrolysis can be used in
a variety of industries. Some examples
of use of synthetic oil include use as a
fuel, upgraded for use as a higher
quality fuel, as an additive for asphalt
or other complex mixtures, used to
manufacture other chemicals, etc. EPA
has identified concerns for irritation and
neurotoxicity based on structural alerts
for solvents, and systemic toxicity,
developmental/reproductive toxicity,
and carcinogenicity based on a
constituent of the new chemical,
benzene. EPA has also identified
aspiration hazard based on measured
kinematic viscosity. Based on SAR
analysis of analogous neutral organics,
EPA predicts toxicity to aquatic
organisms may occur at concentrations
that exceed 5 ppb. The Order was issued
under TSCA sections 5(a)(3)(B)(ii)(I) and
5(e)(1)(A)(ii)(I), based on a finding that
in the absence of sufficient information
to permit a reasoned evaluation the
substance may present an unreasonable
risk of injury to human health and the
environment. To protect against these
risks, the TSCA Order requires:
• No manufacture of the PMN
substance other than as described in the
PMN;
• No manufacturing, processing, or
use of the PMN substance for consumer
or ‘‘commercial uses’’ (as the term is
defined at 40 CFR 721.3) when the
saleable goods or service could
introduce the PMN substance into a
‘‘consumer’’ setting (as that term is
defined in 40 CFR 721.3); and
• Waste streams from manufacture,
processing, and use must be disposed of
only by incineration.
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The proposed SNUR would designate
as a ‘‘significant new use’’ in the
absence of these protective measures.
Potentially useful information: EPA
has determined that certain information
about the environmental and health
effects of the PMN substance may be
potentially useful in support of a
request by the PMN submitter to modify
the TSCA Order, or if a manufacturer or
processor is considering submitting a
SNUN for a significant new use that
would be designated by this SNUR. EPA
has determined that the results of
aquatic toxicity, skin irritation, eye
irritation, specific target organ toxicity,
reproductive toxicity (developmental
effects), and carcinogenicity testing may
be potentially useful to characterize the
environmental and human health effects
of the PMN substance. Although the
TSCA Order does not require these tests,
the TSCA Order’s restrictions remain in
effect until the TSCA Order is modified
or revoked by EPA based on submission
of this or other relevant information.
CFR citation: 40 CFR 721.11486.
PMN Number: P–19–51
Chemical name: 1,3-Propanediamine,
N1,N1-dimethyl-, polymers with
alkylene glycol ether with alkyltriol
(3:1) mixed acrylates and adipates, and
alkylene glycol monoacrylate ether with
alkyltriol (3:1) (generic).
CAS number: Not available.
Effective date of TSCA section 5(e)
Order: October 22, 2019.
Basis for TSCA section 5(e) Order:
The PMN states that the generic (nonconfidential) use of the substance will
be as a UV curable ink. EPA has
identified concerns for skin and
respiratory sensitization and skin and
eye irritation based on the methacrylate/
acrylate composition. EPA also
identified liver effects based on the
extent the low molecular weight
fractions are bioavailable. Based on
comparison to analogous polycationic
polymers, EPA predicts toxicity to
aquatic organisms may occur at
concentrations that exceed 3 ppb. The
Order was issued under TSCA sections
5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I),
based on a finding that in the absence
of sufficient information to permit a
reasoned evaluation, the substance may
present an unreasonable risk of injury to
human health and the environment. To
protect against these risks, the TSCA
Order requires:
• Establishment of a hazard
communication program, including
human health precautionary statements
on each label and in the SDS;
• No domestic manufacture of the
PMN substance (i.e., import only);
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• No use of the PMN substance other
than for the confidential use specified in
the TSCA Order; and
• No predictable or purposeful
release of a manufacturing, processing,
or use stream associated with any use of
the PMN substance into the waters of
the United States exceeding a surface
water concentration of 3 ppb.
The proposed SNUR would designate
as a ‘‘significant new use’’ the absence
of these protective measures.
Potentially Useful Information: EPA
has determined that certain information
may be potentially useful to characterize
the human health and environmental
effects of the PMN substance in support
of a request by the PMN submitter to
modify the TSCA Order, or if a
manufacturer or processor is
considering submitting a SNUN for a
significant new use that would be
designated by this SNUR. EPA has
determined that the results of acute and
chronic aquatic toxicity, specific target
organ toxicity, skin sensitization, skin
irritation, and eye irritation testing
would help EPA determine the potential
human and environmental effects of the
PMN substance. Although the TSCA
Order does not require this information,
the TSCA Order’s restrictions remain in
effect until the TSCA Order is modified
or revoked by EPA based on submission
of this or other relevant information.
CFR citation: 40 CFR 721.11487.
PMN Number: P–19–55
Chemical Name: 1,3-Propanediol, 2ethyl-2-(hydroxymethyl)-, polymer with
oxirane, 4-(dimethylamino)benzoate.
CAS Number: 2067275–86–7.
Effective Date of TSCA section 5(e)
Order: January 14, 2020.
Basis for TSCA section 5(e) Order:
The PMN states that the use of the
substance will be as a photo initiator
within UV curable coating/ink
formulations. Based on submitted test
data, EPA has identified concerns for
sensitization, reproductive, and
systemic effects. Based on submitted
acute and chronic toxicity data, EPA has
also identified concern for toxicity to
aquatic organisms may occur at
concentrations that exceed 12 ppb. The
Order was issued under TSCA sections
5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I),
based on a finding that in the absence
of sufficient information to permit a
reasoned evaluation the substance may
present an unreasonable risk of injury to
human health and the environment. To
protect against these risks, the TSCA
Order requires:
• No manufacturing, processing, or
use of the PMN substance in any
manner that results in inhalation
exposure;
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• No use of the PMN substance other
than as a photo initiator within UV
curable coating/ink formulations; and
• No predictable or purposeful
release of a manufacturing, processing,
or use stream associated with any use of
the PMN substance into the waters of
the United States exceeding a surface
water concentration of 12 ppb.
The proposed SNUR would designate
as a ‘‘significant new use’’ in the
absence of these protective measures.
Potentially Useful Information: EPA
has determined that certain information
about the environmental effects of the
PMN substance may be potentially
useful in support of a request by the
PMN submitter to modify the TSCA
Order, or if a manufacturer or processor
is considering submitting a SNUN for a
significant new use that would be
designated by this SNUR. EPA has
determined that the results of
developmental/reproductive toxicity
testing may be potentially useful to
characterize the human health effects of
the PMN substance. Although the TSCA
Order does not require these tests, the
TSCA Order’s restrictions remain in
effect until the TSCA Order is modified
or revoked by EPA based on submission
of this or other relevant information.
CFR citation: 40 CFR 721.11488.
PMN Number: P–19–159
Chemical Name: Titanium (4+)
hydroxyl-alkylcarboxylate salt complex
(generic).
CAS Number: Not available.
Effective Date of TSCA section 5(e)
Order: January 10, 2020.
Basis for TSCA section 5(e) Order:
The PMN states that the generic (nonconfidential) use of the substance will
be as a catalyst in the industrial sector.
Based on the reactive nature of the PMN
substance, presence of acid moieties,
titanium (to the extent it is
bioavailable), and information in the
SDS, EPA has identified concerns for
irritation to the eyes, skin, and
respiratory tract, severe skin burns and
eye damage, and skin and respiratory
sensitization. Based on test data
available on the PMN substance and
comparison to analogous substances,
EPA predicts toxicity to aquatic
organisms may occur at concentrations
that exceed 1 ppb. The Order was issued
under TSCA sections 5(a)(3)(B)(ii)(I) and
5(e)(1)(A)(ii)(I), based on a finding that
in the absence of sufficient information
to permit a reasoned evaluation the
substance may present an unreasonable
risk of injury to human health and the
environment. To protect against these
risks, the TSCA Order requires:
• No manufacture, processing, or use
of the PMN substance in any manner or
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method that generates inhalation
exposure; and
• No predictable or purposeful
release of a manufacturing, processing,
or use stream associated with any use of
the PMN substance into the waters of
the United States exceeding a surface
water concentration of 1 ppb.
The proposed SNUR would designate
as a ‘‘significant new use’’ in the
absence of these protective measures.
Potentially Useful Information: EPA
has determined that certain information
about the human health effects of the
PMN substance may be potentially
useful in support of a request by the
PMN submitter to modify the TSCA
Order, or if a manufacturer or processor
is considering submitting a SNUN for a
significant new use that would be
designated by this SNUR. EPA has
determined that the results of
pulmonary effects, skin irritation, eye
irritation, skin sensitization, and
specific target organ toxicity testing may
be potentially useful to characterize the
human health effects of the PMN
substance. Although the TSCA Order
does not require these tests, the TSCA
Order’s restrictions remain in effect
until the TSCA Order is modified or
revoked by EPA based on submission of
this or other relevant information.
CFR citation: 40 CFR 721.11489.
V. Rationale and Objectives of the
Proposed Rule
A. Rationale
During review of the PMNs submitted
for the chemical substances that are
subject to these proposed SNURs, EPA
concluded that 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. As
a general matter, EPA believes it is
necessary to follow TSCA section 5(e)
Orders with a SNUR that identifies the
absence of those protective measures as
Significant New Uses to ensure that all
manufacturers and processors—not just
the original submitter—are held to the
same standard.
B. Objectives
EPA is proposing these SNURs for
specific chemical substances which
have undergone premanufacture review
because the Agency wants:
• To 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 TSCA
Orders, consistent with TSCA section
5(f)(4).
• To 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.
• To 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.
VI. Applicability of the Proposed
Significant New Use Designation
To establish a significant new use,
EPA must determine that the use is not
ongoing. The chemical substances
subject to this proposed rule have
undergone premanufacture review. In
cases where EPA has not received a
notice of commencement (NOC) and the
chemical substance has not been added
to the TSCA Inventory, no person may
commence such activities without first
submitting a PMN. Therefore, for
chemical substances for which an NOC
has not been submitted EPA concludes
that the designated significant new uses
are not ongoing.
When chemical substances identified
in this proposed rule are added to the
TSCA Inventory, EPA recognizes that,
before the rule is effective, other persons
might engage in a use that has been
identified as a significant new use.
However, TSCA section 5(e) Orders
have been issued for these chemical
substances, and the PMN submitters are
prohibited by the TSCA section 5(e)
Orders from undertaking activities
which would be designated as
significant new uses. The identities of
18 of the 24 chemical substances subject
to this proposed rule have been claimed
as confidential (per 40 CFR 720.85) for
a chemical substance covered by this
action. Based on this, the Agency
believes that it is highly unlikely that
any of the significant new uses
described in the regulatory text of this
proposed rule are ongoing.
Therefore, EPA designates May 4,
2020 as the cutoff date for determining
whether the new use is ongoing. The
objective of EPA’s approach is to ensure
that a person cannot defeat a SNUR by
initiating a significant new use before
the effective date of the final rule.
In the unlikely event that a person
began commercial manufacture or
processing of the chemical substances
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for a significant new use identified as of
that date would have to cease any such
activity upon the effective date of the
final rule. To resume their activities,
these persons would have to first
comply with all applicable SNUR
notification requirements and wait until
EPA has conducted a review of the
notice, made an appropriate
determination on the notice, and has
taken such actions as are required with
that determination.
Issuance of a SNUR for a chemical
substance does not signify that the
chemical substance is listed on the
TSCA Chemical Substance Inventory
(TSCA Inventory). Guidance on how to
determine if a chemical substance is on
the TSCA Inventory is available on the
internet at https://www.epa.gov/opptintr/
existingchemicals/pubs/tscainventory/
index.html.
VII. 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 or reasonably
ascertainable (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
of the proposed rule 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.
Furthermore, pursuant to TSCA section
4(h), which pertains to reduction of
testing on vertebrate animals, EPA
encourages dialog with the Agency on
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the use of alternative test methods and
strategies (also called New Approach
Methodologies, or NAMs), if available,
to generate the potentially useful
information. EPA encourages dialogue
with Agency representatives to help
determine how best the submitter can
meet both the data needs and the
objective of TSCA section 4(h). To
access the OCSPP test guidelines
referenced in this document
electronically, please go to https://
www.epa.gov/ocspp and select ‘‘Test
Methods and Guidelines.’’ The
Organisation for Economic Co-operation
and Development test guidelines are
available from the OECD Bookshop at
https://www.oecdbookshop.org or
SourceOECD at https://
www.sourceoecd.org.
The potentially useful information
listed 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.
VIII. SNUN Submissions
According to 40 CFR 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.
E–PMN software is available
electronically at https://www.epa.gov/
opptintr/newchems.
IX. Economic Analysis
EPA has evaluated the potential costs
of establishing SNUN requirements for
potential manufacturers and processors
of the chemical substances subject to
this proposed rule. EPA’s complete
economic analysis is available in the
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X. Statutory and Executive Order
Reviews
Additional information about these
statutes and Executive Orders can be
found at https://www.epa.gov/lawsregulations-and-executive-orders.
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A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 13563: Improving Regulations
and Regulatory Review
This proposed rule would establish
SNURs for 3 new chemical substances
that were the subject of PMNs. The
Office of Management and Budget
(OMB) has exempted these types of
actions from review under Executive
Order 12866 (58 FR 51735, October 4,
1993) and 13563 (76 FR 3821, January
21, 2011).
B. Paperwork Reduction Act (PRA)
According to the PRA, 44 U.S.C. 3501
et seq., an Agency may not conduct or
sponsor, and a person is not required to
respond to a collection of information
that requires OMB approval under PRA,
unless it has been approved by OMB
and displays a currently valid OMB
control number. The OMB control
numbers for EPA’s regulations in title 40
of the CFR, after appearing in the
Federal Register, are listed in 40 CFR
part 9, and included on the related
collection instrument or form, if
applicable.
The information collection
requirements related to this 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.
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C. Regulatory Flexibility Act (RFA)
Pursuant to section 605(b) of the RFA,
5 U.S.C. 601 et seq., the Agency hereby
certifies that promulgation of this
proposed SNUR would not have a
significant adverse economic impact on
a substantial number of small entities.
The requirement to submit a SNUN
applies to any person (including small
or large entities) who intends to engage
in any activity described in the final
rule as a ‘‘significant new use.’’ Because
these uses are ‘‘new,’’ based on all
information currently available to EPA,
it appears that no small or large entities
presently engage in such activities. A
SNUR requires that any person who
intends to engage in such activity in the
future must first notify EPA by
submitting a SNUN. Although some
small entities may decide to pursue a
significant new use in the future, EPA
cannot presently determine how many,
if any, there may be. However, EPA’s
experience to date is that, in response to
the promulgation of SNURs covering
over 1,000 chemicals, the Agency
receives only a small number of notices
per year. For example, the number of
SNUNs received was seven in Federal
fiscal year (FY) 2013, 13 in FY2014, six
in FY2015, 12 in FY2016, 13 in FY2017,
and 11 in FY2018, only a fraction of
these were from small businesses. In
addition, the Agency currently offers
relief to qualifying small businesses by
reducing the SNUN submission fee from
$16,000 to $2,800. This lower fee
reduces the total reporting and
recordkeeping of cost of submitting a
SNUN to about $10,116 for qualifying
small firms. Therefore, the potential
economic impacts of complying with
this proposed SNUR are not expected to
be significant or adversely impact a
substantial number of small entities. In
a SNUR that published in the Federal
Register of June 2, 1997 (62 FR 29684)
(FRL–5597–1), the Agency presented its
general determination that final SNURs
are not expected to have a significant
economic impact on a substantial
number of small entities, which was
provided to the Chief Counsel for
Advocacy of the Small Business
Administration.
D. Unfunded Mandates Reform Act
(UMRA)
Based on EPA’s experience with
proposing and finalizing SNURs, State,
local, and Tribal governments have not
been impacted by these rulemakings,
and EPA does not have any reasons to
believe that any State, local, or Tribal
government will be impacted by this
proposed rule. As such, EPA has
determined that this proposed rule does
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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. 1531–1538 et seq.).
E. Executive Order 13132: Federalism
This action would not have a
substantial direct effect on States, on the
relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132 (64 FR 43255,
August 10, 1999).
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
This proposed rule would not have
Tribal implications because it is not
expected to have substantial direct
effects on Indian Tribes. This proposed
rule would not significantly nor
uniquely affect the communities of
Indian Tribal governments, nor does it
involve or impose any requirements that
affect Indian Tribes. Accordingly, the
requirements of Executive Order 13175
(65 FR 67249, November 9, 2000), do
not apply to this proposed rule.
G. Executive Order 13045: Protection of
Children From Environmental Health
and Safety Risks
This action is not subject to Executive
Order 13045 (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: Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use
This proposed rule is not subject to
Executive Order 13211 (66 FR 28355,
May 22, 2001), because this action is not
expected to affect energy supply,
distribution, or use and because this
action is not a significant regulatory
action under Executive Order 12866.
I. National Technology Transfer and
Advancement Act (NTTAA)
In addition, since this action does not
involve any technical standards,
NTTAA section 12(d), 15 U.S.C. 272
note, does not apply to this action.
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J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
This action does not entail special
considerations of environmental justice
related issues as delineated by
Executive Order 12898 (59 FR 7629,
February 16, 1994).
List of Subjects
40 CFR Part 721
Environmental protection, Chemicals,
Hazardous substances, Reporting and
recordkeeping requirements.
Dated: April 13, 2020.
Tala Henry,
Deputy Director, Office of Pollution
Prevention and Toxics.
Therefore, it is proposed that 40 CFR
chapter I be amended as follows:
PARTS 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. Add §§ 721.11466 through
721.11489 to subpart E to read as
follows:
■
Subpart E—Significant New Uses for
Specific Chemical Substances
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*
*
*
*
*
Secs.
721.11466 Aromatic amide oxime (generic).
721.11467 Carbon nanotubes (generic).
721.11468 Aromatic hydrocarbon resin
(generic).
721.11469 Pentaerythritol ester of mixed
linear and branched carboxylic acids
(generic) (P–17–193, chemical A).
721.11470 Dipentaerythritol ester of mixed
linear and branched carboxylic acids
(generic) (P–17–193, chemical B).
721.11471 Alkylheterocyclic amine blocked
isocyanate, alkoxysilane polymer
(generic).
721.11472 Isocyanic acid,
polymethylenepolyphenylene ester,
caprolactam- and phenol-blocked.
721.11473 Benzamide, 2-(trifluoromethyl)-.
721.11474 Cashew, nutshell liq. polymer
with formaldehyde, phenol and
resorcinol.
721.11475 Polyester polyol (generic).
721.11476 Fluorinated acrylate, polymer
with alkyloxirane homopolymer
monoether with alkanediol mono(2methyl-2-propenoate), tert-Bu 2ethylhexaneperoxoate-initiated (generic).
721.11477 2,5-Furandione, polymer with 2ethyl-2-(hydroxymethyl)-1,3propanediol, 3a,4,5,6,7,7a-hexahydro4,7-methano-1H-inden-5(or 6)-yl ester,
ester with 2,3-dihydroxypropyl
neodecanoate, polymer with 5isocyanato-1-(isocyanatomethyl)-1,3,3trimethylcyclohexane, 2-hydroxyethyl
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acrylate- and 2-hydroxyethyl
methacrylate-blocked.
721.11478 Perfluoroalkyl ethyl- and vinylmodified organopolysiloxane (generic).
721.11479 Perfluoroalkyl ethyl- and vinylmodified organopolysiloxane (generic).
721.11480 Oxirane, 2,2′[cyclohexylidenebis(4,1phenyleneoxymethylene)]bis-.
721.11481 Saturated fatty acid, reaction
products with cadmium zinc selenide
sulfide and polymeric amine (generic).
721.11482 Saturated fatty acid, reaction
products with cadmium zinc selenide
sulfide, alkylamine and polymeric amine
(generic).
721.11483 Heteropolycyclic, halo
substituted alkyl substituted- diaromatic
amino substituted carbomonocycle, halo
substituted alkyl substituted
heteropolycyclic, tetraaromatic metalloid
salt (1:1) (generic).
721.11484 Alkanediol, polymer with 5isocyanato-1-(isocyanatomethyl)-1,3,3trimethylcyclohexane, alkylaminoalkyl
methacrylate-, and
dialkylheteromonocycle-blocked
(generic).
721.11485 Alkanediol, polymer with 5isocyanato-1-(isocyanatomethyl)-1,3,3trimethylcyclohexane, alkylaminoalkyl
methacrylate-blocked (generic).
721.11486 Synthetic oil from tires (generic).
721.11487 1,3-Propanediamine, N1,N1dimethyl-, polymers with alkylene glycol
ether with alkyltriol (3:1) mixed
acrylates and adipates, and alkylene
glycol monoacrylate ether with alkyltriol
(3:1) (generic).
721.11488 1,3-Propanediol, 2-ethyl-2(hydroxymethyl)-, polymer with oxirane,
4-(dimethylamino)benzoate.
721.11489 Titanium (4+) hydroxylalkylcarboxylate salt complex (generic).
*
*
*
§ 721.11466
(generic).
*
*
Aromatic amide oxime
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as aromatic amide oxime
(PMN P–14–865) 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) through (3), (b), 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. For purposes
of § 721.63(a)(6), particulate (including
solids or liquid droplets). For purposes
of § 721.63(b), concentration is set at
1.0%.
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(ii) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80(g).
(iii) Release to water. Requirements as
specified in § 721.90(a)(4), (b)(4) and,
(c)(4) where N = 30.
(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.
§ 721.11467
Carbon nanotubes (generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as carbon nanotubes (PMN
P–15–54) 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 that have been (i) embedded
or incorporated into a polymer matrix
that itself has been reacted (cured) or (ii)
embedded in a permanent solid polymer
form that is not intended to undergo
further processing, except mechanical
processing.
(2) The significant new uses are:
(i) Workplace protection.
Requirements as specified in
§ 721.63(a)(1), (2)(i) and (ii), (3), (4)
through (6), and (c). When determining
which persons are reasonably likely to
be exposed as required for § 721.63(a)(1)
and (a)(4), engineering control measures
(e.g., enclosure or confinement of the
operation, general and local ventilation)
or administrative control measures (e.g.,
workplace policies and procedures)
shall be considered and implemented to
prevent exposure, where feasible. For
purposes of § 721.63(a)(5), respirators
must provide a National Institute for
Occupational Safety and Health
(NIOSH) assigned protection factor
(APF) of at least 50. For purposes of
§ 721.63(a)(6), particulate (including
solids or liquid droplets).
(ii) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80(k) (chemical
intermediate to manufacture
functionalized carbon nanotubes by
oxidation with nitric acid; additive in
rubber polymers to improve
mechanical/physical/chemical/
electrical properties; additive in resin
polymers to improve mechanical/
physical/chemical/electrical properties;
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additive in metals to improve electrical/
thermal properties; additive in ceramics
to improve mechanical/electrical/
thermal properties; semi-conductor,
conductive, or resistive element in
electronic circuitry and devices; electric
collector element or electrode in energy
devices; photoelectric or thermoelectric
conversion elements in energy devices;
catalyst support element or catalytic
electrode for use in energy devices;
additive for transparency and
conductivity in electronic devices; and
electro-mechanical element in actuator,
sensor, or switching devices).
(iii) Disposal. Requirements as
specified in § 721.85(a)(1) and (2), (b)(1)
and (2), and (c)(1) and (2).
(iv) Release to water. Requirements as
specified in § 721.90(a)(1), (b)(1), and
(c)(1).
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph (b).
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (e), and (i) through
(k) are applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of
certain notification requirements. The
provisions of § 721.185 apply to this
section.
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§ 721.11468
(generic).
Aromatic hydrocarbon resin
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as aromatic hydrocarbon
resin (PMN P–16–583) is subject to
reporting under this section for the
significant new uses described in
paragraph (a)(2) of this section. The
requirements of this section do not
apply to quantities of the substance after
they have been reacted (cured).
(2) The significant new uses are:
(i) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80(k) (hot-melt sealant
for motor vehicle lamps). It is a
significant new use to manufacture the
PMN substance with an average number
molecular weight of less than 1000
grams per mole.
(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
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provisions of § 721.185 apply to this
section.
§ 721.11469 Pentaerythritol ester of mixed
linear and branched carboxylic acids
(generic) (P–17–193, chemical A).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as pentaerythritol ester of
mixed linear and branched carboxylic
acids (PMN P–17–193, chemical A) is
subject to reporting under this section
for the significant new use described in
paragraph (a)(2) of this section.
(2) The significant new use is:
(i) Release to water. Requirements as
specified in § 721.90(a)(4), (b)(4), and
(c)(4) where N = 330.
(ii) [Reserved]
(b) Specific requirements. The
provision of subpart A of this part apply
to this section except as modified by
this paragraph (b).
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (c), and (k) are
applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of
certain modification requirements. The
provisions of § 721.185 apply to this
section.
§ 721.11470 Dipentaerythritol ester of
mixed linear and branched carboxylic acids
(generic) (P–17–193, chemical B).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as dipentaerythritol ester of
mixed linear and branched carboxylic
acids (PMN P–17–193, chemical B) is
subject to reporting under this section
for the significant new use described in
paragraph (a)(2) of this section.
(2) The significant new use is:
(i) Release to water. Requirements as
specified in § 721.90(a)(4), (b)(4), and
(c)(4) where N = 330.
(ii) [Reserved]
(b) Specific requirements. The
provision of subpart A of this part apply
to this section except as modified by
this paragraph (b).
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (c), and (k) are
applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of
certain modification requirements. The
provisions of § 721.185 apply to this
section.
§ 721.11471 Alkylheterocyclic amine
blocked isocyanate, alkoxysilane polymer
(generic).
(a) Chemical substance and
significant new uses subject to reporting.
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(1) The chemical substance identified
generically as alkylheterocyclic amine
blocked isocyanate, alkoxysilane
polymer (PMN P–17–221) is subject to
reporting under this section for the
significant new uses described in
paragraph (a)(2) of this section. The
requirements of this TSCA Order do not
apply to quantities of the PMN
substance after they have been
completely reacted (cured).
(2) The significant new uses are:
(i) Protection in the workplace.
Requirements as specified in
§ 721.63(a)(1), (a)(2)(i) and (iii), (a)(3)
and (6) (particulate), (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 (d), (e) (concentration set at
1.0%), (f), (g)(1)(i) and (ii), (2)(i) through
(iii), (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). It is a
significant new use to formulate the
PMN to a concentration greater than
10%.
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph.
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (i) are applicable to
manufacturers and processors of this
substance.
(2) Limitations or revocation of
certain notification requirements. The
provisions of § 721.185 apply to this
section.
(3) Determining whether a specific use
is subject to this section. The provisions
of § 721.1725(b)(1) apply to paragraph
(a)(2)(iii).
§ 721.11472 Isocyanic acid,
polymethylenepolyphenylene ester,
caprolactam- and phenol-blocked.
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified as
isocyanic acid,
polymethylenepolyphenylene ester,
caprolactam- and phenol-blocked (PMN
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P–17–282, CAS NO. 2093945–13–0) is
subject to reporting under this section
for the significant new uses described
paragraph (a)(2) of this section. The
requirements of this section do not
apply to quantities of the substance after
they have been completely reacted
(cured).
(2) The significant new uses are:
(i) Industrial, commercial, and
consumer activities. It is a significant
new use to manufacture, process, or use
the PMN substance in any manner or
method that generates inhalation
exposure to phenol or caprolactam.
(ii) Release to water. Requirements as
specified in § 721.90(a)(4), (b)(4), and
(c)(4) where N = 1.
(b) Specific requirements. The
provision of subpart A of this part apply
to this section except as modified by
this paragraph (b).
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (c), (i), and (k) are
applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of
certain modification requirements. The
provisions of § 721.185 apply to this
section.
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§ 721.11473 Benzamide, 2(trifluoromethyl)-.
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified as
benzamide, 2-(trifluoromethyl)- (PMN
P–17–334, CAS No. 360–64–5) 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
§ 721.63(a)(1), (2)(i) and (iv), (3), (4),
(6)(v) and (vi) (particulate), (b)
(concentration set at 0.1%), 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 (d), (e) (concentration set at
0.1%), (f), (g)(1)(iii) through (v), and (ix),
(2)(i) through (iii), and (v), (3)(i) and (ii),
and (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), (g), and (y)(1).
(iv) Release to water. Requirements as
specified in § 721.90(a)(4), (b)(4), and
(c)(4) where N = 39.
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph.
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (i) and (k) are
applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of
certain notification requirements. The
provisions of § 721.185 apply to this
section.
§ 721.11474 Cashew, nutshell liq. polymer
with formaldehyde, phenol and resorcinol.
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified as
cashew nutshell liq. polymer with
formaldehyde, phenol and resorcinol
(PMN P–17–386, CAS No. 2044014–81–
3) is subject to reporting under this
section for the significant new uses
described in paragraph (a)(2) of this
section. The requirements of this section
do not apply to quantities of the
substance after they have been reacted
(cured).
(2) The significant new uses are:
(i) Protection in the workplace.
Requirements as specified in
§ 721.63(a)(1), (3) through (5), (6)(v) and
(vi) ((particulate), (combination gas/
vapor and particulate)), (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) and (a)(4),
engineering control measures (e.g.,
enclosure or confinement of the
operation, general and local ventilation)
or administrative control measures (e.g.,
workplace policies and procedures)
shall be considered and implemented to
prevent exposure, where feasible. For
purposes of § 721.63(a)(5), respirators
must provide a National Institute for
Occupational Safety and Health
(NIOSH) assigned protection factor
(APF) of at least 50.
(ii) Hazard communication.
Requirements as specified in § 721.72(a)
through (d), (e) (concentration set at
1.0%), (f), (g)(1)(i) (skin and respiratory
sensitization), (2)(i), (ii), (iv), (v), (4)(iii),
and (5). Alternative hazard and warning
statements that meet the criteria of the
Globally Harmonized System and OSHA
Hazard Communication Standard may
be used.
(iii) Industrial, commercial, and
consumer activities. Requirements as
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26433
specified in § 721.80(o). It is a
significant new use to manufacture the
substance for more than one year.
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph (b).
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (i) are applicable to
manufacturers and processors of this
substance.
(2) Limitations or revocation of
certain notification requirements. The
provisions of § 721.185 apply to this
section.
§ 721.11475
Polyester polyol (generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as polyester polyol (PMN P–
18–12) is subject to reporting under this
section for the significant new use
described in paragraph (a)(2) of this
section.
(2) The significant new uses are:
(i) Release to water. Requirements as
specified in § 721.90(a)(4), (b)(4), and
(c)(4) where N = 1.
(ii) [Reserved]
(b) Specific requirements. The
provision of subpart A of this part apply
to this section except as modified by
this paragraph (b).
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (c), and (k) are
applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of
certain modification requirements. The
provisions of § 721.185 apply to this
section.
§ 721.11476 Fluorinated acrylate, polymer
with alkyloxirane homopolymer monoether
with alkanediol mono(2-methyl-2propenoate), tert-Bu 2ethylhexaneperoxoate-initiated (generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as fluorinated acrylate,
polymer with alkyloxirane
homopolymer monoether with
alkanediol mono(2-methyl-2propenoate), tert-Bu 2ethylhexaneperoxoate-initiated (PMN
P–18–18) 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), (t), and (y)(1).
(ii) Releases to water. Requirements as
specified in § 721.90(a)(1), (b)(1), and
(c)(1).
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(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.
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§ 721.11477 2,5-Furandione, polymer with
2-ethyl-2-(hydroxymethyl)-1,3-propanediol,
3a,4,5,6,7,7ahexahydro- 4,7-methano-1Hinden-5(or 6)-yl ester, ester with 2,3dihydroxypropyl neodecanoate, polymer
with 5-isocyanato-l-(isocyanatomethyl)-1,3,
3-trimethylcyclohexane, 2-hydroxyethyl
acrylate- and 2-hydroxyethyl methacrylateblocked.
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified as
2,5-furandione, polymer with 2-ethyl-2(hydroxymethyl)-1,3-propanediol,
3a,4,5,6,7,7ahexahydro- 4,7-methano1H-inden-5(or 6)-yl ester, ester with 2,3dihydroxypropyl neodecanoate,
polymer with 5-isocyanato-l(isocyanatomethyl)-1,3, 3trimethylcyclohexane, 2-hydroxyethyl
acrylate- and 2-hydroxyethyl
methacrylate-blocked (PMN P–18–42,
CAS No. 2245262–16–0) 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).
(2) The significant new uses are:
(i) Protection in the workplace.
Requirements as specified in
§ 721.63(a)(1), (2)(i) through (iv), (3),
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 (d), (f), (g)(1)(i), (ii), (iv), (vii),
(ix) (eye irritation), (2)(i) through (iii),
(v) (avoid eye contact), and (5).
Alternative hazard and warning
statements that meet the criteria of the
Globally Harmonized System (GHS) and
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OSHA Hazard Communication Standard
may be used.
(iii) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80(k), (o), and (y)(1).
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph.
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (i) 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).
§ 721.11478 Perfluoroalkyl ethyl- and vinylmodified organopolysiloxane (generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as perfluoroalkyl ethyl- and
vinyl-modified organopolysiloxane
(PMN P–18–52) is subject to reporting
under this section for the significant
new uses described in paragraph (a)(2)
of this section. The requirements of this
section do not apply to quantities of the
substance after they have been
completely reacted (cured).
(2) The significant new uses are:
(i) Protection in the workplace.
Requirements as specified in
§ 721.63(a)(1) through (5), and (c). When
determining which persons are
reasonably likely to be exposed as
required by § 721.63(a)(1) and (a)(4),
engineering control measures (e.g.,
enclosure or confinement of the
operation, general and local ventilation)
or administrative control measures (e.g.,
workplace policies and procedures)
shall be considered and implemented to
prevent exposure, where feasible. For
purposes of § 721.63(a)(5), respirators
must provide a National Institute for
Occupational Safety and Health
(NIOSH) assigned protection factor
(APF) of at least 1,000), (6)(combination
gas/vapor and particulate.
(A) As an alternative to 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 TSCA section 5(e) consent order for
this substance. The NCEL is 0.0015 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
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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) consent order.
(ii) Hazard communication.
Requirements as specified in § 721.72(a)
through (d), (f), (g)(1)(vi) (specific target
organ toxicity), (2)(i) through (v), and
(5). Alternative hazard and warning
statements that meet the criteria of the
Globally Harmonized System (GHS) and
OSHA Hazard Communication Standard
may be used. For purposes of
§ 721.72(g)(2)(iv), use respiratory
protection or maintain workplace
airborne concentrations at or below an
8-hour time-weighted average of 0.0015
mg/m3.
(iii) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80(f) and (t) (420
kilograms).
(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 modification requirements. The
provisions of § 721.185 apply to this
section.
§ 721.11479 Perfluoroalkyl ethyl- and vinylmodified organopolysiloxane (generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as perfluoroalkyl ethyl- and
vinyl-modified organopolysiloxane
(PMN P–18–53) is subject to reporting
under this section for the significant
new uses described in paragraph (a)(2)
of this section. The requirements of this
section do not apply to quantities of the
substance after they have been
completely reacted (cured).
(2) The significant new uses are:
(i) Protection in the workplace.
Requirements as specified in
§ 721.63(a)(1), (3) through (6)
(combination gas/vapor and particulate),
and (c). When determining which
persons are reasonably likely to be
exposed as required by § 721.63(a)(1)
and (a)(4), engineering control measures
(e.g., enclosure or confinement of the
operation, general and local ventilation)
or administrative control measures (e.g.,
workplace policies and procedures)
shall be considered and implemented to
prevent exposure, where feasible. For
purposes of § 721.63(a)(5), respirators
must provide a National Institute for
Occupational Safety and Health
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(NIOSH) assigned protection factor
(APF) of at least 1,000.
(A) As an alternative to 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 TSCA section 5(e) consent order for
this substance. The NCEL is 0.0015 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) consent order.
(ii) Hazard communication.
Requirements as specified in § 721.72(a)
through (d), (f), (g)(1)(vi) (specific target
organ toxicity), (2)(i) through (v), and
(5). Alternative hazard and warning
statements that meet the criteria of the
Globally Harmonized System (GHS) and
OSHA Hazard Communication Standard
may be used. For purposes of
§ 721.63(g)(2)(iv), use respiratory
protection or maintain workplace
airborne concentrations at or below an
8-hour time-weighted average of 0.0015
mg/m3.
(iii) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80(f) and (t) (336
kilograms).
(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 modification requirements. The
provisions of § 1721.185 apply to this
section.
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§ 721.11480 Oxirane, 2,2′[cyclohexylidenebis(4,1phenyleneoxymethylene)]bis-.
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical identified as oxirane,
2,2′-[cyclohexylidenebis(4,1phenyleneoxymethylene)]bis- (PMN P–
18–62, CAS No. 13446–84–9) is subject
to reporting under this section for the
significant new use 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).
(2) The significant new uses are:
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(i) Protection in the workplace.
Requirements as specified in
§ 721.63(a)(1), (3) through (6)
(particulate including solids or liquid
droplets), (b) (concentration set at
0.1%), and (c). When determining
which persons are reasonably likely to
be exposed as required for § 721.63(a)(1)
and (a)(4), engineering control measures
(e.g., enclosure or confinement of the
operation, general and local ventilation)
or administrative control measures (e.g.,
workplace policies and procedures)
shall be considered and implemented to
prevent exposure, where feasible. For
purposes of § 721.63(a)(5), respirators
must provide a National Institute for
Occupational Safety and Health
(NIOSH) assigned protection factor
(APF) of at least 1,000.
(ii) Hazard communication.
Requirements as specified in § 721.72(a)
through (e) (concentration set at 0.1%),
(f), (g)(1)(vi), (vii) (specific target organ
toxicity), (2)(i) through (iii) (use
respiratory protection when spraying),
(v), (3)(i) and (ii), (4)(i), and (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). It is a
significant new use to manufacture or
process the PMN substance in any
manner which generates inhalation
exposures.
(iv) Release to water. Requirements as
specified in § 721.90(a)(4), (b)(4), and
(c)(4) where N = 1.
(b) Specific requirements. The
provision of subpart A of this part apply
to this section 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 modification requirements. The
provisions of § 721.185 apply to this
section.
(3) Determining whether a specific use
is subject to this section. The provisions
of § 721.1725(b)(1) apply to paragraph
(a)(2)(iii) of this section.
§ 721.11481 Saturated fatty acid, reaction
products with cadmium zinc selenide
sulfide and polymeric amine (generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical identified generically
as saturated fatty acid, reaction products
with cadmium zinc selenide sulfide and
polymeric amine (PMN P–18–74) is
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26435
subject to reporting under this section
for the significant new use 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), (6) (particulate
(including solids or liquid droplets),
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 (d), (f), (g)(1)(i), (vii)
((pulmonary toxicity), (eye damage),
(specific target organ toxicity), (skin
sensitization)), (2)(i) through (iii), and
(v), (3)(i) and (ii), (4)(i) and (iii), and (5).
Alternative hazard and warning
statements that meet the criteria of the
Globally Harmonized System and OSHA
Hazard Communication Standard may
be used.
(iii) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80(k) (chemical
intermediate for a quantum dot used as
an optical down-converter (50%), and
quantum dot in an optical downconverter (50%)). It is a significant new
use to manufacture, process, or use the
PMN substance in other than a liquid
formulation. It is a significant new use
to manufacture or process the PMN
substance in any manner which
generates inhalation exposures. It is a
significant new use to manufacture the
PMN substance with a cadmium
percentage greater than the confidential
level identified in the TSCA Order.
(iv) Disposal. It is a significant new
use to dispose of the PMN substance in
any manner other than by incineration
in a permitted hazardous waste
incinerator.
(v) Release to water. Requirements as
specified in § 721.90(a)(1), (b)(1), and
(c)(1).
(b) Specific requirements. The
provision of subpart A of this part apply
to this section as modified by this
paragraph (b).
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (d), and (f) through
(k) are applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of
certain modification requirements. The
provisions of § 721.185 apply to this
section.
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(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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§ 721.11482 Saturated fatty acid, reaction
products with cadmium zinc selenide
sulfide, alkylamine and polymeric amine
(generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical identified generically
as saturated fatty acid, reaction products
with cadmium zinc selenide sulfide,
alkylamine and polymeric amine (PMN
P–18–75) is subject to reporting under
this section for the significant new use
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), (6) (particulate
(including solids or liquid droplets)),
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 (d), (f), (g)(1)(i), (vii)
((pulmonary toxicity), (eye damage),
(specific target organ toxicity), (skin
sensitization)), (2)(i) through (iii), and
(v), (3)(i) and (ii), (4)(i) and (iii), and (5).
Alternative hazard and warning
statements that meet the criteria of the
Globally Harmonized System and OSHA
Hazard Communication Standard may
be used.
(iii) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80(k)(quantum dot in
an optical down-converter). It is a
significant new use to manufacture,
process, or use the PMN substance in
other than a liquid formulation. It is a
significant new use to manufacture or
process the PMN substance in any
manner which generates inhalation
exposures. It is a significant new use to
manufacture the PMN substance with a
cadmium percentage greater than the
confidential value stated in the TSCA
Order.
(iv) Disposal. It is a significant new
use to dispose of the PMN substance in
any manner other than by incineration
in a permitted hazardous waste
incinerator.
(v) Release to water. Requirements as
specified in § 721.90(a)(1), (b)(1), and
(c)(1).
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(b) Specific requirements. The
provision of subpart A of this part apply
to this section as modified by this
paragraph (b).
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (d), and (f) through
(k) are applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of
certain modification requirements. The
provisions of § 721.185 apply to this
section.
(3) Determining whether a specific use
is subject to this section. The provisions
of § 721.1725(b)(1) apply to paragraph
(a)(2)(iii) of this section.
§ 721.11483 Heteropolycyclic, halo
substituted alkyl substituted- diaromatic
amino substituted carbomonocycle, halo
substituted alkyl substituted
heteropolycyclic, tetraaromatic metalloid
salt (1:1) (generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as heteropolycyclic, halo
substituted alkyl substituted- diaromatic
amino substituted carbomonocycle, halo
substituted alkyl substituted
heteropolycyclic, tetraaromatic
metalloid salt (1:1) (PMN P–18–160) is
subject to reporting under this section
for the significant new uses described in
paragraph (a)(2) of this section. The
requirements of this section do not
apply to quantities of the substance after
they have been completely reacted
(cured).
(2) The significant new uses are:
(i) Protection in the workplace.
Requirements as specified in
§ 721.63(a)(1), (2)(i) through (iv), and (3)
through (6) ((solids), (liquid droplets)).
When determining which persons are
reasonably likely to be exposed as
required for § 721.63(a)(1) and (a)(4),
engineering control measures (e.g.,
enclosure or confinement of the
operation, general and local ventilation)
or administrative (e.g., workplace
policies and procedures) shall be
considered and implemented to prevent
exposure, where feasible. For purposes
of § 721.63(a)(5), respirators must
provide a National Institute for
Occupational Safety and Health
(NIOSH) assigned protection factor
(APF) of at least 50.
(ii) Hazard communication.
Requirements as specified in § 721.72(a)
through (d), (f), (g)(1) ((acute toxicity),
(neurotoxicity), (photosensitization),
(eye irritation)), (2)(i) through (v), (3)(i)
and (ii), and (4)(iii). 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), (t), and (w)(1),
(3), and (4). It is a significant new use
to manufacture the substance for more
than 18 months.
(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 (c), (i), and (k) are
applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of
certain notification requirements. The
provisions of § 721.185 apply to this
section.
(3) Determining whether a specific use
is subject to this section. The provisions
of § 721.1725(b)(1) apply to paragraph
(a)(2)(iii) of this section.
§ 721.11484 Alkanediol, polymer with 5isocyanato-1-(isocyanatomethyl)-1,3,3trimethylcyclohexane, alkylaminoalkyl
methacrylate-, and dialkylheteromonocycleblocked (generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as alkanediol, polymer with
5-isocyanato-1-(isocyanatomethyl)-1,3,3trimethylcyclohexane, alkylaminoalkyl
methacrylate-, and
dialkylheteromonocycle-blocked (PMN
P–18–237) is subject to reporting under
this section for the significant new uses
described in paragraph (a)(2) of this
section. The requirements of this section
do not apply to quantities of the
substance after they have been reacted
(cured).
(2) The significant new uses are:
(i) Industrial, commercial, and
consumer activities. It is a significant
new use to manufacture, process, or use
the PMN substance in any manner or
method that generates dust, spray,
vapor, mist, or aerosol.
(ii) Releases 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 (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.
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§ 721.11485 Alkanediol, polymer with 5isocyanato-1-(isocyanatomethyl)-1,3,3trimethylcyclohexane, alkylaminoalkyl
methacrylate-blocked (generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as alkanediol, polymer with
5-isocyanato-1-(isocyanatomethyl)-1,3,3trimethylcyclohexane, alkylaminoalkyl
methacrylate-blocked (PMN P–18–292)
is subject to reporting under this section
for the significant new uses described in
paragraph (a)(2) of this section. The
requirements of this section do not
apply to quantities of the substance after
they have been reacted (cured).
(2) The significant new uses are:
(i) Industrial, commercial, and
consumer activities. It is a significant
new use to manufacture, process, or use
the PMN substance in any manner or
method that generates dust, spray,
vapor, mist, or aerosol.
(ii) Releases 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 (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.
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§ 721.11486
(generic).
Synthetic oil from tires
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as synthetic oil from tires
(PMN P–18–287) 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) and (o).
(ii) Disposal. Requirements as
specified in § 721.85(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 (j) are
applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of
certain notification requirements. The
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provisions of § 721.185 apply to this
section.
(3) Determining whether a specific use
is subject to this section. The provisions
of § 721.1725(b)(1) apply to paragraph
(a)(2)(i) of this section.
§ 721.11487 1,3-Propanediamine, N1,N1dimethyl-, polymers with alkylene glycol
ether with alkyltriol (3:1) mixed acrylates
and adipates, and alkylene glycol
monoacrylate ether with alkyltriol (3:1)
(generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as 1,3-propanediamine,
N1,N1-dimethyl-, polymers with
alkylene glycol ether with alkyltriol
(3:1) mixed acrylates and adipates, and
alkylene glycol monoacrylate ether with
alkyltriol (3:1) (PMN P–19–51) 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).
(2) The significant new uses are:
(i) Hazard communication.
Requirements as specified in § 721.72(a)
through (e) (concentration set at 0.1%),
(f), (g)(1)(i), (iv) ((eye irritation), (skin
sensitization), (respiratory
sensitization)), (2)(i) through (v), (3)(i)
and (ii), (4)(i) and (ii), and (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(f) and (k).
(iii) 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.
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (d), (f) 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)(ii) of this section.
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§ 721.11488 1,3-Propanediol, 2-ethyl-2(hydroxymethyl)-, polymer with oxirane, 4(dimethylamino)benzoate.
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified as
1,3-propanediol, 2-ethyl-2(hydroxymethyl)-, polymer with
oxirane, 4-(dimethylamino)benzoate
(PMN P–19–55, CAS No. 2067275–86–7)
is subject to reporting under this section
for the significant new uses described in
paragraph (a)(2) if this section. The
requirements of this section do not
apply to quantities of the PMN
substance after they have been
completely reacted (cured).
(2) The significant new uses are:
(i) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80(k)(photo initiator
within UV curable coating/ink
formulations). It is a significant new use
to manufacture, process, or use the PMN
substance in any manner that results in
inhalation exposure.
(ii) Release to water. Requirements as
specified in § 721.90(a)(4), (b)(4), and
(c)(4) where N = 12.
(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 modification requirements. The
provisions of § 1721.185 apply to this
section.
§ 721.11489 Titanium (4+) hydroxylalkylcarboxylate salt complex (generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as titanium (4+) hydroxylalkylcarboxylate salt complex (PMN P–
19–159) is subject to reporting under
this section for the significant new uses
described in paragraph (a)(2) of this
section. The requirements of this section
do not apply to quantities of the
substance after they have been
completely reacted (cured).
(2) The significant new uses are:
(i) Industrial, commercial, and
consumer activities. It is a significant
new use to manufacture, process, or use
the PMN substance in any manner or
method that generates inhalation
exposure.
(ii) Release to water. Requirements as
specified in § 721.90(a)(4), (b)(4), and
(c)(4) where N = 1.
(b) Specific requirements. The
provision of subpart A of this part apply
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Federal Register / Vol. 85, No. 86 / Monday, May 4, 2020 / Proposed Rules
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.
[FR Doc. 2020–08714 Filed 5–1–20; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid
Services
42 CFR Chapter IV
[CMS–2324–N]
Coordinating Care From Out-of-State
Providers for Medicaid-Eligible
Children With Medically Complex
Conditions; Reopening of Comment
Period
Centers for Medicare &
Medicaid Services (CMS), HHS.
ACTION: Notice; reopening of comment
period.
AGENCY:
This document reopens the
comment period for the January 21,
2020 request for information entitled
‘‘Coordinating Care From Out-of-State
Providers for Medicaid-Eligible
Children With Medically Complex
Conditions’’. That document requested
information (RFI) to seek public
comments regarding the coordination of
care from out-of-state providers for
Medicaid-eligible children with
medically complex conditions. We wish
to identify best practices for using outof-state providers to provide care to
children with medically complex
conditions; determine how care is
coordinated for such children when that
care is provided by out-of-state
providers, including when care is
provided in emergency and
nonemergency situations; reduce
barriers that prevent such children from
receiving care from out-of-state
providers in a timely fashion; and
identify processes for screening and
enrolling out-of-state providers in
Medicaid, including efforts to
streamline such processes for out-ofstate providers or to reduce the burden
of such processes on them. We intend
to use the information received in
response to the RFI to issue guidance to
state Medicaid directors on the
jbell on DSKJLSW7X2PROD with PROPOSALS
SUMMARY:
VerDate Sep<11>2014
17:15 May 01, 2020
Jkt 250001
coordination of care from out-of-state
providers for children with medically
complex conditions. The comment
period for the RFI, which ended on
March 23, 2020, is reopened for 30 days
from the date of publication of this
notice.
DATES: The comment period for the RFI
published on January 21, 2020, at 85 FR
3330, is reopened. Comments will be
accepted until 5 p.m., eastern daylight
time, on June 3, 2020.
ADDRESSES: You may submit comments
as outlined in the January 21, 2020 RFI
(85 FR 3330). Please choose only one
method listed.
FOR FURTHER INFORMATION CONTACT:
Nicole Gillette-Payne, (212) 616–2465.
SUPPLEMENTARY INFORMATION: In the
‘‘Coordinating Care From Out-of-State
Providers for Medicaid-Eligible
Children With Medically Complex
Conditions’’ request for information
(referred to in this document as the RFI)
that appeared in the January 21, 2020
Federal Register (85 FR 3330), CMS
requested public comments regarding
the coordination of care from out-ofstate providers for Medicaid-eligible
children with medically complex
conditions. We wish to identify best
practices for using out of-state providers
to provide care to children with
medically complex conditions;
determine how care is coordinated for
such children when that care is
provided by out-of-state providers,
including when care is provided in
emergency and nonemergency
situations; reduce barriers that prevent
such children from receiving care from
out-of-state providers in a timely
fashion; and identify processes for
screening and enrolling out-of-state
providers in Medicaid, including efforts
to streamline such processes for out-ofstate providers or to reduce the burden
of such processes on them.
Since the issuance of the RFI, the
COVID–19 global pandemic has affected
many businesses and individuals and
impacted healthcare systems.
Responding to the public health
emergency has been a priority for many
of the stakeholders whose input we
value. In addition, some stakeholders
have reached out to request additional
time to consider their recommendations
related to this RFI. To maximize the
opportunity for the public to provide
meaningful input to CMS on the various
topics raised in the RFI, we believe that
it is important to allow additional time
for the public to prepare comments on
the RFI. We believe that reopening the
public comment period in this instance
would further our overall objective to
obtain public input. Therefore, we are
PO 00000
Frm 00070
Fmt 4702
Sfmt 4702
reopening the comment period for the
RFI for an additional 30 days from the
date of publication of this notice.
The Administrator of the Centers for
Medicare & Medicaid Services (CMS),
Seema Verma, having reviewed and
approved this document, authorizes
Evell J. Barco Holland, who is the
Federal Register Liaison, to
electronically sign this document for
purposes of publication in the Federal
Register.
Dated: April 28, 2020.
Evell J. Barco Holland,
Federal Register Liaison, Department of
Health and Human Services.
[FR Doc. 2020–09392 Filed 5–1–20; 8:45 am]
BILLING CODE 4120–01–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Parts 1, 2, 18
[ET Docket No. 19–226; FCC 19–126; FRS
16618]
Human Exposure to Radiofrequency
Electromagnetic Fields; Correction
Federal Communications
Commission.
ACTION: Proposed rule; correction.
AGENCY:
The Federal Communications
Commission (Commission) is correcting
a date that appeared in the Federal
Register on April 6, 2020. In this
document, the Commission seeks
comment on expanding the range of
frequencies for which its radiofrequency
(RF) exposure limits apply; on applying
localized exposure limits above 6 GHz
in parallel to the localized exposure
limits already established below 6 GHz;
on specifying the conditions and
methods for averaging the RF exposure,
in both time and area, during evaluation
for compliance with the RF exposure
limits in the rules; on addressing new
RF exposure issues raised by wireless
power transfer (WPT) devices; and on
the definition of a WPT device.
DATES: Comments are due on or before
June 3, 2020, and reply comments are
due on or before July 6, 2020.
ADDRESSES: Interested parties may
submit comments and replies, identified
by ET Docket No. 19–226, by any of the
following methods:
• Electronic Filers: Comments may be
filed electronically using the internet by
accessing the ECFS: https://apps.fcc.gov/
ecfs/.
• Paper Filers: Parties who choose to
file by paper must file an original and
one copy of each filing.
SUMMARY:
E:\FR\FM\04MYP1.SGM
04MYP1
Agencies
[Federal Register Volume 85, Number 86 (Monday, May 4, 2020)]
[Proposed Rules]
[Pages 26419-26438]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-08714]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 721
[EPA-HQ-OPPT-2019-0596; FRL-10007-65]
RIN 2070-AB27
Significant New Use Rules on Certain Chemical Substances (20-
1.5e)
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: EPA is proposing significant new use rules (SNURs) under the
Toxic Substances Control Act (TSCA) for chemical substances that were
the subject of premanufacture notices (PMNs) and are subject to Orders
issued by EPA pursuant TSCA. The SNURs require persons who intend to
manufacture (defined by statute to include import) or process any of
these chemical substances for an activity that is proposed 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: Comments must be received on or before June 3, 2020.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPPT-2019-0596, by one of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute.
Mail: Document Control Office (7407M), Office of Pollution
Prevention and Toxics (OPPT), Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC 20460-0001.
Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at https://www.epa.gov/dockets/contacts.html.
Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at https://www.epa.gov/dockets.
[[Page 26420]]
FOR FURTHER INFORMATION CONTACT: For technical information contact:
Kenneth Moss, Chemical Control Division (7405M), Office of Pollution
Prevention and Toxics, Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC 20460-0001; telephone number:
(202) 564-9232; email address: [email protected].
For general information contact: The TSCA-Hotline, ABVI-Goodwill,
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202)
554-1404; email address: [email protected].
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
You may be potentially affected by this action if you manufacture,
process, or use the chemical substances contained in this proposed
rule. The following list of North American Industrial Classification
System (NAICS) codes is not intended to be exhaustive, but rather
provides a guide to help readers determine whether this document
applies to them. Potentially affected entities may include:
Manufacturers or processors of one or more subject
chemical substances (NAICS codes 325 and 324110), e.g., chemical
manufacturing and petroleum refineries.
This action may also affect certain entities through pre-existing
import certification and export notification rules under TSCA. Chemical
importers are subject to the TSCA section 13 (15 U.S.C. 2612) import
certification requirements promulgated at 19 CFR 12.118 through 12.127
and 19 CFR 127.28. Chemical importers must certify that the shipment of
the chemical substance complies with all applicable rules and Orders
under TSCA. Importers of chemicals subject to final SNURs must certify
compliance with the SNUR requirements. The EPA policy in support of
import certification appears at 40 CFR part 707, subpart B. In
addition, any persons who export or intend to export a chemical
substance that is the subject of this proposed rule on or after June 3,
2020 are subject to the export notification provisions of TSCA section
12(b) (15 U.S.C. 2611(b)) (see 40 CFR 721.20), and must comply with the
export notification requirements in 40 CFR part 707, subpart D.
B. What should I consider as I prepare my comments for EPA?
1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
2. Tips for preparing your comments. When preparing and submitting
your comments, see the commenting tips at https://www.epa.gov/dockets/comments.html.
II. Background
A. What action is the agency taking?
EPA is proposing these SNURs under TSCA section 5(a)(2) for
chemical substances that were the subject of PMNs. These proposed SNURs
would require persons to notify EPA at least 90 days before commencing
the manufacture or processing of a chemical substance for any activity
proposed as a significant new use. Receipt of such notices would allow
EPA to assess risks and, if appropriate, to regulate the significant
new use before it may occur. Additional background regarding SNURs is
more fully set out in the preamble to EPA's first direct final SNUR
published in the Federal Register issue of April 24, 1990 (55 FR
17376). Consult that preamble for further general information on the
objectives, rationale, and procedures for SNURs and on the basis for
significant new use designations, including provisions for developing
test data.
B. What is the Agency's authority for taking this action?
TSCA section 5(a)(2) (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, 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 proposed 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 40 CFR 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). 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 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
TSCA section 5(a)(2) 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
[[Page 26421]]
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 TSCA section 5(a)(2) factors listed in this
unit. These proposed rules include PMN substances that are subject to
Orders issued under TSCA section 5(e)(1)(A), as required by the
determinations made under TSCA section 5(a)(3)(B). Those Orders require
protective measures to limit exposures or otherwise mitigate the
potential unreasonable risk. The proposed SNURs would identify as
significant new uses any manufacturing, processing, use, distribution
in commerce, or disposal that does not conform to the restrictions
imposed by the underlying Orders, consistent with TSCA section 5(f)(4).
IV. Substances Subject to This Proposed Rule
EPA is proposing significant new use and recordkeeping requirements
for certain 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).
Effective date of and basis for the TSCA section 5(e)
Order.
Potentially Useful Information.
CFR citation assigned in the regulatory text section of
the proposed rule.
These proposed rules include PMN substances that are subject to
Orders issued under TSCA section 5(e)(1)(A), as required by the
determinations made under TSCA section 5(a)(3)(B). Those Orders require
protective measures to limit exposures or otherwise mitigate the
potential unreasonable risk. The proposed SNURs would identify as
significant new uses any manufacturing, processing, use, distribution
in commerce, or disposal that does not conform to the restrictions
imposed by the underlying Orders, consistent with TSCA section 5(f)(4).
Where EPA determined that the PMN substance may present an
unreasonable risk of injury to human health via inhalation exposure,
the underlying TSCA section 5(e) Order usually requires 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),
include requirements addressing performance criteria for sampling and
analytical methods, periodic monitoring, respiratory protection, and
recordkeeping. 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
40 CFR 721.63 respirator requirements may request to do so under 40 CFR
721.30. EPA expects that persons whose 40 CFR 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.
The chemicals subject to these proposed SNURs are as follows:
PMN Number: P-14-865
Chemical Name: Aromatic amide oxime (generic).
CAS Number: Not available.
Effective date of TSCA section 5(e) Order: September 6, 2018.
Basis for TSCA section 5(e) Order: The PMN states that the generic
(non-confidential) use of the PMN substance will be as an intermediate.
EPA identified concerns for mutagenicity based on analysis of test data
on analogs. EPA also identified concerns for toxicity to fish based on
analysis of test data on the PMN substance. The Order was issued under
TSCA sections 5(a)(3)(B)(ii)(I) and 5(e)(I)(A)(ii)(I), based on a
finding that in the absence of sufficient information to permit a
reasoned evaluation the substance may present an unreasonable risk of
injury to human health and the environment. To protect against these
risks, the TSCA Order requires:
Use of personal protective equipment (where there is
potential for dermal exposure);
Use of the PMN substance only as a chemical intermediate;
and
No predictable or purposeful release of a manufacturing,
processing, or use stream associated with any use of the PMN substance
into the waters of the United States exceeding a surface water
concentration of 30 parts per billion (ppb).
The SNUR designates as a ``significant new use'' the absence of
these protective measures.
Potentially useful information: EPA has determined that certain
information may be potentially useful to characterize the effects of
the PMN substance in support of a request by the PMN submitter to
modify the Order, or if a manufacturer or processor is considering
submitting a SNUN for a significant new use that would be designated by
this SNUR. EPA has also determined that the results of specific
reproductive/developmental testing and chronic aquatic toxicity testing
would help characterize the potential human and environmental effects
of the PMN substance. Although the Order does not require these tests,
the Order's restrictions remain in effect until the Order is modified
or revoked by EPA based on submission of this or relevant information.
CFR citation: 40 CFR 721.11466.
PMN Number: P-15-54
Chemical Name: Carbon nanotubes (generic).
CAS Number: Not available.
Effective Date of TSCA section 5(e) Order: December 17, 2019.
Basis for TSCA section 5(e) Order: The PMN states that the use of
the PMN substance will be as a chemical intermediate to manufacture
functionalized carbon nanotubes by oxidation with nitric acid; an
additive in rubber polymers to improve mechanical/physical/chemical/
electrical properties; an additive in resin polymers to improve
mechanical/physical/chemical/electrical properties; an additive in
metals to improve electrical/thermal properties; an additive in
ceramics to improve mechanical/electrical/thermal properties; a semi-
conductor, conductive, or resistive element in electronic circuitry and
devices; an electric collector element or electrode in energy devices;
a photoelectric or thermoelectric conversion elements in energy
devices; a catalyst support element or catalytic electrode for use in
energy devices; an additive for transparency and conductivity in
electronic devices; and an electro-mechanical element in actuator,
sensor, or switching devices. Based on carbon nanotube analogues, data
submitted for the PMN substance, and comparison to analogous
respirable, poorly soluble particulates, EPA identified concerns for
[[Page 26422]]
pulmonary toxicity and oncogenicity. A direct final SNUR was issued for
this PMN substance on November 17, 2016 (81 FR 81250), and withdrawn on
January 19, 2017 (82 FR 6277) in response to the PMN submitter's intent
to submit adverse comments, which was a request to modify the original
5(e) Order to add more uses. The Order (as modified) was issued under
TSCA sections 5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I), based on a
finding that in the absence of sufficient information to permit a
reasoned evaluation the substance may present an unreasonable risk of
injury to human health and the environment. To protect against these
risks, the TSCA Order requires:
Use of personal protective equipment where there is a
potential for dermal exposure;
Use of a National Institute for Occupational Safety and
Health (NIOSH)-certified respirator with an Assigned Protection Factor
(APF) of at least 50 where there is a potential for inhalation
exposure;
Use of the PMN substance other than as allowed in the TSCA
Order;
Waste streams from manufacture, processing, and use must
be disposed of only by incineration or landfill; and
No predictable or purposeful release of a manufacturing,
processing, or use stream associated with any use of the PMN substance
into the waters of the United States.
The proposed SNUR would designate as a ``significant new use'' in
the absence of these protective measures.
Potentially useful information: EPA has determined that certain
information about the environmental effects of the PMN substance may be
potentially useful in support of a request by the PMN submitter to
modify the TSCA Order, or if a manufacturer or processor is considering
submitting a SNUN for a significant new use that would be designated by
this SNUR. EPA has determined that the results of chronic aquatic
toxicity testing, with NOM (natural organic matter) as the dispersant,
may be potentially useful to characterize the environmental effects of
the PMN substance. Although the TSCA Order does not require these
tests, the TSCA Order's restrictions remain in effect until the TSCA
Order is modified or revoked by EPA based on submission of this or
other relevant information.
CFR citation: 40 CFR 721.11467.
PMN Number: P-16-583
Chemical Name: Aromatic hydrocarbon resin (generic).
CAS Number: Not available.
Effective date of TSCA section 5(e) Order: October 17, 2018.
Basis for TSCA section 5(e) Order: The PMN states that the use of
the PMN substance will be as a sealant for head lamps of cars. EPA
identified concern for hydrocarbon pneumonia if the PMN substance is
manufactured with a higher proportion of lower molecular weight species
during heating. The Order was issued under TSCA sections
5(a)(3)(B)(ii)(I) and 5(e)(I)(A)(ii)(I), based on a finding that in the
absence of sufficient information to permit a reasoned evaluation the
substance may present an unreasonable risk of injury to human health.
To protect against these risks, the TSCA Order requires:
Manufacture of the PMN substance such that the number
average molecular weight is at least 1,000 grams per mole; and
Use of the PMN substance only as a hot-melt sealant for
motor vehicle lamps.
The SNUR designates as a ``significant new use'' the absence of
these protective measures.
Potentially useful information: EPA has determined that certain
information about the health effects of the PMN substance may be
potentially useful in support of a request by the PMN submitter to
modify the TSCA Order, or if a manufacturer or processor is considering
submitting a SNUN for a significant new use that would be designated by
this SNUR. EPA has also determined that the results of specific organ
toxicity testing would help characterize the potential human health
effects of the PMN substance. Although the Order does not require these
tests, the TSCA Order's restrictions remain in effect until the TSCA
Order is modified or revoked by EPA based on submission of this or
relevant information.
CFR citation: 40 CFR 721.11468.
PMN Number: P-17-193
Chemical Names: Pentaerythritol ester of mixed linear and branched
carboxylic acids (generic) (P-17-193, chemical A) and Dipentaerythritol
ester of mixed linear and branched carboxylic acids (generic) (P-17-
193, chemical B).
CAS Numbers: Not available.
Effective Date of TSCA section 5(e) Order: January 8, 2020.
Basis for TSCA section 5(e) Order: The PMN states that the generic
(non-confidential) use of the PMN substances will be as a synthetic
lubricant for contained use and as an industrial lubricant. Based on
analogue data, EPA has identified concerns for reproductive/
developmental effects, systemic toxicity, and kidney effects. Based on
comparison to analogous esters, EPA predicts drinking water toxicity
may occur at concentrations that exceed 330 ppb. The Order was issued
under TSCA sections 5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I), based on a
finding that in the absence of sufficient information to permit a
reasoned evaluation, the substance may present an unreasonable risk of
injury to human health or the environment. To protect against these
risks, the TSCA Order requires:
No predictable or purposeful release of a manufacturing,
processing, or use stream associated with any use of the PMN substances
into the waters of the United States exceeding a surface water
concentration of 330 ppb.
The proposed SNUR would designate as a ``significant new use'' in
the absence this protective measure.
Potentially Useful Information: EPA has determined that certain
information about the human health effects of the PMN substances may be
potentially useful in support of a request by the PMN submitter to
modify the TSCA 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 in vitro
toxicokinetics/metabolism information, specific target organ toxicity,
and reproductive/development toxicity testing may be potentially useful
to characterize the human health effects of the PMN substances.
Although the TSCA Order does not require these tests, the TSCA Order's
restrictions remain in effect until the TSCA Order is modified or
revoked by EPA based on submission of this or other relevant
information.
CFR citations: 40 CFR 721.11469 (P-17-193, chemical A) and 40 CFR
721.11470 (P-17-193, chemical B).
PMN Number: P-17-221
Chemical name: Alkylheterocyclic amine blocked isocyanate,
alkoxysilane polymer (generic).
CAS number: Not available.
Effective date of TSCA section 5(e) Order: October 17, 2018.
Basis for TSCA section 5(e) Order: The PMN states that the generic
(non-confidential) use of the PMN substance will be as a coating
polymer. Based on analysis of test data on reactivity of the methoxy
and ethoxy silane moieties as well as the release of methanol, EPA
identified concerns for ocular toxicity, irritation to eyes, skin,
lung, and mucous membranes. The TSCA 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 in the absence of sufficient information to permit a reasoned
evaluation the substance may present an unreasonable risk of injury to
human health and the
[[Page 26423]]
environment. To protect against these risks, the TSCA Order requires:
Use of personal protective equipment including chemically
impervious gloves and eye goggles, (where there is potential for dermal
exposure);
No use of the PMN substance at a concentration greater
than 10% in formulation;
Establishment and use of a hazard communication program,
including human health precautionary statements on each label and in
the Safety Data Sheet (SDS); and
Use of the PMN substance only for the confidential use
allowed in the TSCA Order.
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 health effects of the PMN substance may be
potentially useful in support of a request by the PMN submitter to
modify the TSCA Order, or if a manufacturer or processor is considering
submitting a SNUN for a significant new use that would be designated by
this SNUR. EPA has also determined that the results of specific
irritation and lung effect testing would help characterize the
potential human effects of the PMN substance. Although the TSCA Order
does not require these tests, the TSCA Order's restrictions remain in
effect until the TSCA Order is modified or revoked by EPA based on
submission of this or relevant information.
CFR citation: 40 CFR 721.11471.
PMN Number: P-17-282
Chemical Name: Isocyanic acid, polymethylenepolyphenylene ester,
caprolactam- and phenol-blocked.
CAS Number: 2093945-13-0.
Effective Date of TSCA section 5(e) Order: January 13, 2020.
Basis for TSCA section 5(e) Order: The PMN states that the use of
the PMN substance will be as a blocked crosslinker for electrical
insulation coating used on stators and motors. Based on the release of
phenol, EPA has identified concerns for irritation to membranes, blood
toxicity, and developmental toxicity. Based on the release of
caprolactam, EPA has also identified concerns for eye, skin, and
respiratory irritation, skin and respiratory sensitization, lung
effects, kidney toxicity, and developmental toxicity. Based on
comparison to analogous carbamate esters-phenyl and carbonyl ureas, EPA
predicts toxicity to aquatic organisms may occur at concentrations that
exceed 1 ppb. The TSCA Order was issued under TSCA sections
5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I), based on a finding that in the
absence of sufficient information to permit a reasoned evaluation the
substance may present an unreasonable risk of injury to human health
and the environment. To protect against these risks, the TSCA Order
requires:
No modification of the manufacture, processing, or use of
the PMN substance in any manner that generates inhalation exposure to
phenol or caprolactam; and
No predictable or purposeful release of a manufacturing,
processing, or use stream associated with any use of the PMN substance
into the waters of the United States exceeding a surface water
concentration of 1 ppb.
The proposed SNUR would designate as a ``significant new use'' in
the absence of these protective measures.
Potentially Useful Information: EPA has determined that certain
information about the human health and environmental effects of the PMN
substance may be potentially useful in support of a request by the PMN
submitter to modify the TSCA 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 aquatic
toxicity, developmental toxicity, pulmonary effects, eye damage, skin
irritation/corrosion, and skin sensitization testing may be potentially
useful to characterize the human health and environmental effects of
the PMN substance. Although the Order does not require these tests, the
TSCA Order's restrictions remain in effect until the TSCA Order is
modified or revoked by EPA based on submission of this or other
relevant information.
CFR citation: 40 CFR 721.11472.
PMN Number: P-17-334
Chemical Name: Benzamide, 2-(trifluoromethyl)-.
CAS Number: 360-64-5.
Effective date of TSCA section 5(e) Order: August 20, 2018.
Basis for TSCA section 5(e) Order: The PMN states that the generic
(non-confidential) use of the PMN substance will be as a chemical
precursor. EPA has identified concerns for neurotoxic effects based on
analog data. There are concerns for oncogenicity based on test data. To
the extent the chemical substance is metabolized, there are concerns
for reproductive, developmental and neurotoxicity, lung, neurotoxicity,
liver, and kidney effects based on analog data for the potential
derivative metabolite. Based on analogous amides, EPA predicts
environmental effects may occur at surface water concentrations that
exceed 39 parts per billion. The TSCA Order was issued under TSCA
sections 5(a)(3)(B)(ii)(I) based on a finding that the substances may
present an unreasonable risk of injury to human health or the
environment. To protect against these risks, the TSCA Order requires:
No domestic manufacture of the PMN substance;
Use of personal protective equipment (where there is
potential for dermal exposure); Establishment and use of a hazard
communication program, including human health precautionary statements
on each label and in the SDS;
Import for processing and use only as a chemical
intermediate, as required by the Order, with no alteration of processes
that result in the generation of a dust, mist or aerosol; and
No predictable or purposeful release of a manufacturing,
processing, or use stream associated with any use of the PMN substance
into the waters of the United States exceeding a surface water
concentration of 39 ppb.
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 health and environmental effects of the PMN
substance may be potentially useful in support of a request by the PMN
submitter to modify the TSCA Order, or if a manufacturer or processor
is considering submitting a SNUN for a significant new use that would
be designated by this SNUR. EPA has also determined that the results of
specific absorption and metabolism testing and chronic aquatic toxicity
testing would help characterize the potential human and environmental
effects of the PMN substance. Although the TSCA Order does not require
these tests, the TSCA Order's restrictions remain in effect until the
TSCA Order is modified or revoked by EPA based on submission of this or
relevant information.
CFR citation: 40 CFR 721.11473.
PMN Number: P-17-386
Chemical Name: Cashew, nutshell liq. polymer with formaldehyde,
phenol and resorcinol.
CAS Number: 2044014-81-3.
Effective date of TSCA section 5(e) Order: October 19, 2018.
Basis for TSCA section 5(e) Order: The PMN states that the use of
the substance will be as an additive as a processing aid for automotive
tire stock
[[Page 26424]]
(tackifier for synthetic automotive tire stock). EPA identified
concerns for sensitization based on resorcinol and cashew nutshell oil.
The TSCA Order was issued under TSCA sections 5(a)(3)(B)(ii)(I) and
5(e)(I)(A)(ii)(I), based on a finding that in the absence of sufficient
information to permit a reasoned evaluation the substance may present
an unreasonable risk of injury to human health. The TSCA Order was also
issued under TSCA sections 5(a)(3)(B)(ii)(II) and 5(e)(1)(A)(ii)(II),
based on a finding that the substance is or will be produced in
substantial quantities and that the substance either enters or may
reasonably be anticipated to enter the environment in substantial
quantities, or there is or may be significant (or substantial) human
exposure to the substance. To protect against these risks, the TSCA
Order requires:
Submission to EPA of certain toxicity testing within 12
months of submission of a Notice of Commencement or Manufacture or
Import (NOC) for the PMN substance;
Use of personal protective equipment (where there is
potential for dermal exposure);
Use of a NIOSH-certified respirator with an APF of at
least 50 (where there is a potential for inhalation exposure); and
No use of the PMN substance in a consumer product.
The SNUR designates as a ``significant new use'' the absence of
these protective measures.
Potentially useful information: EPA has determined that certain
information about the health effects of the PMN substance may be
potentially useful in support of a request by the PMN submitter to
modify the Order, or if a manufacturer or processor is considering
submitting a SNUN for a significant new use that would be designated by
this SNUR. EPA has also determined that the results of specific
sensitization testing would help characterize the potential human
effects of the PMN substance. The submitter has agreed not to exceed a
certain production volume limit without performing an acute aquatic
toxicity testing. Although the TSCA Order does not require these tests,
the TSCA Order's restrictions remain in effect until the TSCA Order is
modified or revoked by EPA based on submission of this or relevant
information.
CFR citation: 40 CFR 721.11474.
PMN Number: P-18-12
Chemical Name: Polyester polyol (generic).
CAS Number: Not available.
Effective Date of TSCA section 5(e) Order: January 30, 2020.
Basis for TSCA section 5(e) Order: The PMN states that the generic
(non-confidential) use will be as adhesives. Based on the chelation of
calcium to form calculi, EPA has identified concern for bladder
toxicity. Based on comparison to analogous esters, EPA predicts
toxicity to aquatic organisms may occur at concentrations that exceed 1
ppb. The Order was issued under TSCA sections 5(a)(3)(B)(ii)(I) and
5(e)(1)(A)(ii)(I), based on a finding that in the absence of sufficient
information to permit a reasoned evaluation, the substance may present
an unreasonable risk of injury to human health or the environment. To
protect against these risks, the TSCA Order requires:
No predictable or purposeful release of a manufacturing,
processing, or use stream associated with any use of the PMN substance
into the waters of the United States exceeding a surface water
concentration of 1 ppb.
The proposed SNUR would designate as a ``significant new use'' in
the absence of this protective measure.
Potentially Useful Information: EPA has determined that certain
information about the human health and environmental effects of the PMN
substance may be potentially useful in support of a request by the PMN
submitter to modify the Order, or if a manufacturer or processor is
considering submitting a SNUN for a significant new use that will be
designated by this SNUR. EPA has determined that the results of acute
ecotoxicity base set, chronic ecotoxicity base set, and specific target
organ toxicity testing may be potentially useful to characterize the
human health and environmental effects of the PMN substance. Although
the TSCA Order does not require these tests, the TSCA Order's
restrictions remain in effect until the TSCA Order is modified or
revoked by EPA based on submission of this or other relevant
information.
CFR citation: 40 CFR 721.11475.
PMN Number: P-18-18
Chemical Name: Fluorinated acrylate, polymer with alkyloxirane
homopolymer monoether with alkanediol mono(2-methyl-2-propenoate),
tert-Bu 2-ethylhexaneperoxoate-initiated (generic).
CAS Number: Not available.
Effective date of TSCA section 5(e) Order: October 3, 2019.
Basis for TSCA section 5(e) Order: The PMN states that the generic
(non-confidential) use of the PMN substance will be as a lubricant.
Based on estimated physical/chemical properties of the PMN substance,
comparison to structurally analogous chemical substances, and
structural alerts for perfluoro compounds, EPA has identified lung
effects and systemic effects. Based on structural alerts for peroxides
and acrylates, EPA has also identified skin sensitization. The Order
was issued under TSCA sections 5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I),
based on a finding that in the absence of specific information to
permit a reasoned evaluation the substance may present an unreasonable
risk of injury to human health or the environment. To protect against
these risks, the TSCA Order requires:
No manufacture (including import) of the PMN substance
beyond the confidential annual production volume;
Refrain from domestic manufacture of the PMN substance
(i.e., import only);
Refrain from manufacturing, processing, distributing in
commerce or using the PMN substance in a manner that would result in
the generation of respirable forms (i.e., mist, vapor, or aerosol); and
No predictable or purposeful release of a manufacturing,
processing, or use stream associated with any use of the PMN substance
into the waters of the United States.
The proposed SNUR would designate as a ``significant new use'' the
absence of these protective measures.
Potentially useful information: EPA has determined that certain
information may be potentially useful to characterize the human health
effects of the PMN substance in support of a request by the PMN
submitter to modify the TSCA 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 skin
sensitization and specific target organ toxicity testing would help
characterize the potential health effects of the PMN substance.
Although the TSCA Order does not require these tests, the TSCA Order's
restrictions remain in effect until the TSCA Order is modified or
revoked by EPA based on submission of this or relevant information.
CFR citation: 40 CFR 721.11476.
PMN Number: P-18-42
Chemical name: 2,5-Furandione, polymer with 2-ethyl-2-
(hydroxymethyl)-1,3-propanediol, 3a,4,5,6,7,7a-hexahydro-4,7-methano-
1H-inden-5(or 6)-yl ester, ester with 2,3-dihydroxypropyl neodecanoate,
polymer with 5-isocyanato-1-(isocyanatomethyl)-1,3,3-
trimethylcyclohexane, 2-hydroxyethyl
[[Page 26425]]
acrylate- and 2-hydroxyethyl methacrylate-blocked.
CAS number: 2245262-16-0.
Effective date of TSCA section 5(e) Order: September 19, 2018.
Basis for TSCA section 5(e) Order: The PMN states that the generic
(non-confidential) use of the PMN substance will be as an industrial
coating. Based on analysis of test data on analogous acrylates, EPA
identified concerns for mutagenicity, oncogenicity, developmental
toxicity, liver toxicity, kidney toxicity, sensitization, and
irritation. The Order was issued under TSCA sections 5(a)(3)(B)(ii)(I)
based on a finding that the substances may present an unreasonable risk
of injury to human health or the environment. To protect against these
risks, the TSCA Order requires:
Use of personal protective equipment (where there is
potential for dermal exposure);
No use of the PMN substance involving an application
method that generates a dust, mist, spray or aerosol;
Establishment and use of a hazard communication program,
including human health precautionary statements on each label and in
the SDS;
Use of the PMN substance only for the confidential use
allowed in the TSCA Order; and
No use of the PMN substance in a consumer product.
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 health effects of the PMN substance may be
potentially useful in support of a request by the PMN submitter to
modify the TSCA Order, or if a manufacturer or processor is considering
submitting a SNUN for a significant new use that would be designated by
this SNUR. EPA has also determined that the results of specific
sensitization and developmental toxicity testing would help
characterize the potential human effects of the PMN substance. Although
the TSCA Order does not require these tests, the TSCA Order's
restrictions remain in effect until the TSCA Order is modified or
revoked by EPA based on submission of this or relevant information.
CFR citation: 40 CFR 721.11477.
PMN Numbers: P-18-52 and P-18-53
Chemical Names: Perfluoroalkyl ethyl- and vinyl-modified
organopolysiloxane (generic).
CAS Numbers: Not available.
Effective date of TSCA section 5(e) Order: January 14, 2020.
Basis for TSCA section 5(e) Order: The PMNs state that the generic
(non-confidential) use of the PMN substances will be as coating agents.
Based on high molecular weight insoluble polymers and polymers with
perfluorinated tails, EPA has identified concern for lung effects (lung
waterproofing and lung overload). Based on analogue data for the low
molecular weight fraction, EPA has also identified concerns for
thyroid, liver, and developmental toxicity. The Order was issued under
TSCA sections 5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I), based on a
finding that in the absence of sufficient information to permit a
reasoned evaluation, the substances may present an unreasonable risk of
injury to human health and the environment. To protect against these
risks, the TSCA Order requires:
Use of personal protective equipment to prevent dermal
exposure where there is a potential for dermal exposure;
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 0.0015 mg/m\3\ as an 8-hour time-weighted
average (TWA) to prevent inhalation exposure;
Establishment of a hazard communication program, including
human health precautionary statements on each label and in the SDS;
No domestic manufacture of the PMN substances (i.e.,
import only);
No import of the PMN substances beyond the annual
production volumes of 420 kg for P-18-52 and 336 kg for P-18-53; and
The proposed SNUR would designate as a ``significant new use'' the
absence of these protective measures.
Potentially Useful Information: EPA has determined that certain
information about the human health effects of the PMN substances may be
potentially useful in support of a request by the PMN submitter to
modify the TSCA Order, or if a manufacturer or processor is considering
submitting a SNUN for a significant new use that would be designated by
this SNUR. EPA has determined that the results of specific target organ
toxicity, pulmonary effects, and reproductive toxicity testing may be
potentially useful to characterize the human health effects of the PMN
substances. Although the TSCA Order does not require these tests, the
TSCA Order's restrictions remain in effect until the TSCA Order is
modified or revoked by EPA based on submission of this or other
relevant information.
CFR citations: 40 CFR 721.11478 (P-18-52) and 40 CFR 721.11479 (P-
18-53).
PMN Number: P-18-62
Chemical Name: Oxirane, 2,2'-[cyclohexylidenebis(4,1-
phenyleneoxymethylene)]bis-.
CAS Number: 13446-84-9.
Effective Date of TSCA section 5(e) Order: January 29, 2020.
Basis for TSCA section 5(e) Order: The PMN states that the generic
(non-confidential) use will be for open, non-dispersive use in coatings
specifically for the electronics fields. Based on structural alerts for
epoxides, EPA has identified concerns for carcinogenicity and
reproductive effects. Based on submitted test data on the PMN substance
and comparison to structurally analogous chemical substances, EPA has
also identified concerns for mutagenicity and kidney effects. Based on
QSAR predictions for analogous epoxides and neutral organics, EPA also
predicts toxicity to aquatic organisms may occur at concentrations that
exceed 1 ppb. The Order was issued under TSCA sections
5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I), based on a finding that in the
absence of sufficient information to permit a reasoned evaluation, the
substance may present an unreasonable risk of injury to human health or
the environment. To protect against these ricks, the TSCA Order
requires:
Use of personal protective equipment to prevent dermal
exposure where there is a potential for dermal exposure;
Use of a NIOSH-certified respirator with an APF of at
least 1,000 where there is a potential for inhalation exposure;
Establishment of a hazard communication program, including
human health precautionary statements on each label and in the SDS;
No manufacture or processing of the PMN substance in any
manner which generates inhalation exposures;
No use of the PMN substance other than as described in the
PMN; and
No predictable or purposeful release of a manufacturing,
processing, or use stream associated with any use of the PMN substance
into the waters of the United States exceeding a surface water
concentration of 1 ppb.
The proposed SNUR would designate as a ``significant new use'' in
the absence of these protective measures.
Potentially Useful Information: EPA has determined that certain
information about the human health and environmental effects of the PMN
substance may be potentially useful in support of a request by the PMN
submitter to modify the TSCA Order, or if a manufacturer or processor
is
[[Page 26426]]
considering submitting a SNUN for a significant new use that will be
designated by this SNUR. EPA has determined that the results of aquatic
toxicity, specific target organ toxicity, reproductive toxicity, and
carcinogenicity testing may be potentially useful to characterize the
human health and environmental effects of the PMN substance. Although
the TSCA Order does not require these tests, the TSCA Order's
restrictions remain in effect until the TSCA Order is modified or
revoked by EPA based on submission of this or other relevant
information.
CFR citation: 40 CFR 721.11480.
PMN Numbers: P-18-74 and P-18-75
Chemical Names: Saturated fatty acid, reaction products with
cadmium zinc selenide sulfide and polymeric amine (generic) (P-18-74)
and Saturated fatty acid, reaction products with cadmium zinc selenide
sulfide, alkylamine and polymeric amine (generic) (P-18-75).
CAS Numbers: Not available.
Effective Date of TSCA section 5(e) Order: January 31, 2020.
Basis for TSCA section 5(e) Order: The PMN for P-18-74 states that
use will be as a chemical intermediate for a quantum dot used as an
optical down-converter (50%), and quantum dot in an optical down-
converter (50%). The PMN for P-18-75 states that use will be as a
quantum dot used in an optical down-converter. Based on the physical/
chemical properties of the PMN substances and comparison to
structurally analogous chemical substances, EPA has identified concerns
for carcinogenicity, immunotoxicity, lung effects, dermal, ocular and
respiratory irritation, and undesignated sensitization. The Order was
issued under TSCA sections 5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I),
based on a finding that in the absence of sufficient information to
permit a reasoned evaluation, the substances may present an
unreasonable risk of injury to human health or the environment. To
protect against these risks, the TSCA Order requires:
No manufacture of the PMN substances with a cadmium
percentage greater than the confidential value stated in the Order;
No use of the PMN substance P-18-74 other than as a
chemical intermediate for a quantum dot used as an optical down-
converter or as a quantum dot in an optical down-converter;
No use of the PMN substance P-18-75 other than as a
quantum dot used in an optical down-converter;
No manufacture, processing, or use of the PMN substances
in any manner which results in inhalation exposure;
Manufacture, process, or use the PMN substances only in
liquid formulation;
Only dispose of the PMN substances by incineration in a
permitted hazardous waste incinerator;
No predictable or purposeful release of a manufacturing,
processing, or use stream associated with any use of the PMN substance
into the waters of the United States;
Use of dermal personal protective equipment where there is
a potential for dermal exposure; and
Establishment and use of a hazard communication program,
including human health precautionary statements on each label and in
the SDS.
The proposed SNUR would designate as a ``significant new use'' in
the absence of these protective measures.
Potentially Useful Information: EPA has determined that certain
information about the human health and environmental effects of the PMN
substances may be potentially useful in support of a request by the PMN
submitter to modify the TSCA 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 eye
damage, skin irritation, skin sensitization, pulmonary toxicity,
specific target organ toxicity, carcinogenicity, and acute and chronic
aquatic toxicity testing may be potentially useful to characterize the
human health and environmental effects of the PMN substances. Although
the TSCA Order does not require these tests, the TSCA Order's
restrictions remain in effect until the TSCA Order is modified or
revoked by EPA based on submission of this or other relevant
information.
CFR citations: 40 CFR 721.11481 (P-18-74) and 40 CFR 721.11482 (P-
18-75).
PMN Number: P-18-160
Chemical name: Heteropolycyclic, halo substituted alkyl
substituted- diaromatic amino substituted carbomonocycle, halo
substituted alkyl substituted heteropolycyclic, tetraaromatic metalloid
salt (1:1) (generic).
CAS number: Not available.
Effective date of TSCA section 5(e) Order: December 10, 2019.
Basis for TSCA section 5(e) Order: The PMN states that the generic
(non-confidential) use of the substance will be as a coating component.
EPA identified concerns for acute toxicity, neurotoxicity, eye
irritation, and photosensitization based on physical/chemical
properties and comparison to analogous chemical substances. EPA has
also identified concerns for aquatic toxicity based on comparison to
analogous cationic dyes. The Order was issued under TSCA sections
5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I), based on a finding that in the
absence of sufficient information to permit a reasoned evaluation the
substance may present an unreasonable risk of injury to human health
and the environment. To protect against these risks, the TSCA Order
requires:
Submission to EPA of certain toxicity testing before manufacturing
the chemical for more than 18 months;
Use of personal protective equipment where there is a
potential for dermal exposure;
Use of a NIOSH-certified respirator with an APF of at
least 50 to prevent inhalation exposure where there is a potential for
inhalation exposure;
Establishment of a hazard communication program, including
health precautionary statements on each label and in the SDS;
Refraining from domestic manufacture in the United States
(i.e., import only);
Refraining from manufacturing the PMN substance beyond the
confidential annual manufacture (which includes import) production
volume specified in the TSCA Order;
Refraining from manufacturing the PMN substance in the
form of a powder, liquid or gas (i.e., solid only); and
No predictable or purposeful release of a manufacturing,
processing, or use stream associated with any use of the PMN substance
into the waters of the United States.
The proposed SNUR would designate as a ``significant new use'' the
absence protective measures.
Potentially useful information: EPA has determined that certain
information about the environmental and health effects of the PMN
substance may be potentially useful in support of a request by the PMN
submitter to modify the TSCA Order, or if a manufacturer or processor
is considering submitting a SNUN for a significant new use that would
be designated by this SNUR. The submitter has agreed not to exceed
certain production volume limits without performing the combined
repeated dose toxicity with reproduction/developmental toxicity
screening test with functional observation battery test. EPA has also
determined that the results of chronic aquatic toxicity, acute
toxicity, eye irritation, specific target organ toxicity, and
photosensitization testing may be potentially useful to characterize
the environmental and human health effects
[[Page 26427]]
of the PMN substance. Although the TSCA Order does not require these
tests, the TSCA Order's restrictions remain in effect until the TSCA
Order is modified or revoked by EPA based on submission of this or
other relevant information.
CFR citation: 40 CFR 721.11483
PMN Numbers: P-18-237 and P-18-292
Chemical Names: Alkanediol, polymer with 5-isocyanato-1-
(isocyanatomethyl)-1,3,3-trimethylcyclohexane, alkylaminoalkyl
methacrylate- and dialkylheteromonocycle-blocked (generic) (P-18-237)
and Alkanediol, polymer with 5-isocyanato-1-(isocyanatomethyl)-1,3,3-
trimethylcyclohexane, alkylaminoalkyl methacrylate-blocked (generic)
(P-18-292).
CAS Numbers: Not available.
Effective date of TSCA section 5(e) Order: September 17, 2019.
Basis for TSCA section 5(e) Order: The PMNs state that the generic
(non-confidential) use of the PMN substances will be for use in print
resins. Based on estimated physical/chemical properties of the PMN
substances, comparison to structurally analogous chemical substances,
and structural alerts for methacrylates, EPA has identified eye and
skin irritation, skin sensitization, and systemic effects. Based on the
comparison to structurally analogous acrylates/methacrylates, EPA
predicts toxicity to aquatic organisms may occur at concentrations that
exceed 1 ppb. The Order was issued under TSCA sections
5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I), based on a finding that in the
absence of specific information to permit a reasoned evaluation the
substance may present an unreasonable risk of injury to human health or
the environment. To protect against these risks, the TSCA Order
requires:
No manufacturing, processing, or use of the PMN substances
in any manner or method that generates dust, spray, vapor, mist, or
aerosol; and
No predictable or purposeful release of a manufacturing,
processing, or use stream associated with any use of the PMN substance
into the waters of the United States exceeding a surface water
concentration of 1 ppb.
The proposed SNUR would designate as a ``significant new use'' the
absence of these protective measures.
Potentially useful information: EPA has determined that certain
information may be potentially useful to characterize the human health
and environmental effects of the PMN substances if a manufacturer or
processor is considering submitting a SNUN for a significant new use
that would be designated by this proposed SNUR. EPA has determined that
the results of chronic aquatic toxicity, eye irritation, skin
irritation, skin sensitization, and specific target organ toxicity
testing would help characterize the potential health and environmental
effects of the PMN substances.
CFR citations: 40 CFR 721.11484 (P-18-237) and 40 CFR 721.11485 (P-
18-292).
PMN Number: P-18-287
Chemical Name: Synthetic oil from tires (generic).
CAS Number: Not available.
Effective Date of TSCA section 5(e) Order: December 17, 2019.
Basis for TSCA section 5(e) Order: The PMN states that the generic
(non-confidential) use of the substance will be to produce ``tires,
wastes, pyrolyzed, condensate oil fraction'' (CASRN 1312024-02-4) from
scrap tire materials. The synthetic oil fraction from tire waste
pyrolysis can be used in a variety of industries. Some examples of use
of synthetic oil include use as a fuel, upgraded for use as a higher
quality fuel, as an additive for asphalt or other complex mixtures,
used to manufacture other chemicals, etc. EPA has identified concerns
for irritation and neurotoxicity based on structural alerts for
solvents, and systemic toxicity, developmental/reproductive toxicity,
and carcinogenicity based on a constituent of the new chemical,
benzene. EPA has also identified aspiration hazard based on measured
kinematic viscosity. Based on SAR analysis of analogous neutral
organics, EPA predicts toxicity to aquatic organisms may occur at
concentrations that exceed 5 ppb. The Order was issued under TSCA
sections 5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I), based on a finding
that in the absence of sufficient information to permit a reasoned
evaluation the substance may present an unreasonable risk of injury to
human health and the environment. To protect against these risks, the
TSCA Order requires:
No manufacture of the PMN substance other than as
described in the PMN;
No manufacturing, processing, or use of the PMN substance
for consumer or ``commercial uses'' (as the term is defined at 40 CFR
721.3) when the saleable goods or service could introduce the PMN
substance into a ``consumer'' setting (as that term is defined in 40
CFR 721.3); and
Waste streams from manufacture, processing, and use must
be disposed of only by incineration.
The proposed SNUR would designate as a ``significant new use'' in
the absence of these protective measures.
Potentially useful information: EPA has determined that certain
information about the environmental and health effects of the PMN
substance may be potentially useful in support of a request by the PMN
submitter to modify the TSCA Order, or if a manufacturer or processor
is considering submitting a SNUN for a significant new use that would
be designated by this SNUR. EPA has determined that the results of
aquatic toxicity, skin irritation, eye irritation, specific target
organ toxicity, reproductive toxicity (developmental effects), and
carcinogenicity testing may be potentially useful to characterize the
environmental and human health effects of the PMN substance. Although
the TSCA Order does not require these tests, the TSCA Order's
restrictions remain in effect until the TSCA Order is modified or
revoked by EPA based on submission of this or other relevant
information.
CFR citation: 40 CFR 721.11486.
PMN Number: P-19-51
Chemical name: 1,3-Propanediamine, N1,N1-dimethyl-, polymers with
alkylene glycol ether with alkyltriol (3:1) mixed acrylates and
adipates, and alkylene glycol monoacrylate ether with alkyltriol (3:1)
(generic).
CAS number: Not available.
Effective date of TSCA section 5(e) Order: October 22, 2019.
Basis for TSCA section 5(e) Order: The PMN states that the generic
(non-confidential) use of the substance will be as a UV curable ink.
EPA has identified concerns for skin and respiratory sensitization and
skin and eye irritation based on the methacrylate/acrylate composition.
EPA also identified liver effects based on the extent the low molecular
weight fractions are bioavailable. Based on comparison to analogous
polycationic polymers, EPA predicts toxicity to aquatic organisms may
occur at concentrations that exceed 3 ppb. The Order was issued under
TSCA sections 5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I), based on a
finding that in the absence of sufficient information to permit a
reasoned evaluation, the substance may present an unreasonable risk of
injury to human health and the environment. To protect against these
risks, the TSCA Order requires:
Establishment of a hazard communication program, including
human health precautionary statements on each label and in the SDS;
No domestic manufacture of the PMN substance (i.e., import
only);
[[Page 26428]]
No use of the PMN substance other than for the
confidential use specified in the TSCA Order; and
No predictable or purposeful release of a manufacturing,
processing, or use stream associated with any use of the PMN substance
into the waters of the United States exceeding a surface water
concentration of 3 ppb.
The proposed SNUR would designate as a ``significant new use'' the
absence of these protective measures.
Potentially Useful Information: EPA has determined that certain
information may be potentially useful to characterize the human health
and environmental effects of the PMN substance in support of a request
by the PMN submitter to modify the TSCA Order, or if a manufacturer or
processor is considering submitting a SNUN for a significant new use
that would be designated by this SNUR. EPA has determined that the
results of acute and chronic aquatic toxicity, specific target organ
toxicity, skin sensitization, skin irritation, and eye irritation
testing would help EPA determine the potential human and environmental
effects of the PMN substance. Although the TSCA Order does not require
this information, the TSCA Order's restrictions remain in effect until
the TSCA Order is modified or revoked by EPA based on submission of
this or other relevant information.
CFR citation: 40 CFR 721.11487.
PMN Number: P-19-55
Chemical Name: 1,3-Propanediol, 2-ethyl-2-(hydroxymethyl)-, polymer
with oxirane, 4-(dimethylamino)benzoate.
CAS Number: 2067275-86-7.
Effective Date of TSCA section 5(e) Order: January 14, 2020.
Basis for TSCA section 5(e) Order: The PMN states that the use of
the substance will be as a photo initiator within UV curable coating/
ink formulations. Based on submitted test data, EPA has identified
concerns for sensitization, reproductive, and systemic effects. Based
on submitted acute and chronic toxicity data, EPA has also identified
concern for toxicity to aquatic organisms may occur at concentrations
that exceed 12 ppb. The Order was issued under TSCA sections
5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I), based on a finding that in the
absence of sufficient information to permit a reasoned evaluation the
substance may present an unreasonable risk of injury to human health
and the environment. To protect against these risks, the TSCA Order
requires:
No manufacturing, processing, or use of the PMN substance
in any manner that results in inhalation exposure;
No use of the PMN substance other than as a photo
initiator within UV curable coating/ink formulations; and
No predictable or purposeful release of a manufacturing,
processing, or use stream associated with any use of the PMN substance
into the waters of the United States exceeding a surface water
concentration of 12 ppb.
The proposed SNUR would designate as a ``significant new use'' in
the absence of these protective measures.
Potentially Useful Information: EPA has determined that certain
information about the environmental effects of the PMN substance may be
potentially useful in support of a request by the PMN submitter to
modify the TSCA Order, or if a manufacturer or processor is considering
submitting a SNUN for a significant new use that would be designated by
this SNUR. EPA has determined that the results of developmental/
reproductive toxicity testing may be potentially useful to characterize
the human health effects of the PMN substance. Although the TSCA Order
does not require these tests, the TSCA Order's restrictions remain in
effect until the TSCA Order is modified or revoked by EPA based on
submission of this or other relevant information.
CFR citation: 40 CFR 721.11488.
PMN Number: P-19-159
Chemical Name: Titanium (4+) hydroxyl-alkylcarboxylate salt complex
(generic).
CAS Number: Not available.
Effective Date of TSCA section 5(e) Order: January 10, 2020.
Basis for TSCA section 5(e) Order: The PMN states that the generic
(non-confidential) use of the substance will be as a catalyst in the
industrial sector. Based on the reactive nature of the PMN substance,
presence of acid moieties, titanium (to the extent it is bioavailable),
and information in the SDS, EPA has identified concerns for irritation
to the eyes, skin, and respiratory tract, severe skin burns and eye
damage, and skin and respiratory sensitization. Based on test data
available on the PMN substance and comparison to analogous substances,
EPA predicts toxicity to aquatic organisms may occur at concentrations
that exceed 1 ppb. The Order was issued under TSCA sections
5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I), based on a finding that in the
absence of sufficient information to permit a reasoned evaluation the
substance may present an unreasonable risk of injury to human health
and the environment. To protect against these risks, the TSCA Order
requires:
No manufacture, processing, or use of the PMN substance in
any manner or method that generates inhalation exposure; and
No predictable or purposeful release of a manufacturing,
processing, or use stream associated with any use of the PMN substance
into the waters of the United States exceeding a surface water
concentration of 1 ppb.
The proposed SNUR would designate as a ``significant new use'' in
the absence of these protective measures.
Potentially Useful Information: EPA has determined that certain
information about the human health effects of the PMN substance may be
potentially useful in support of a request by the PMN submitter to
modify the TSCA Order, or if a manufacturer or processor is considering
submitting a SNUN for a significant new use that would be designated by
this SNUR. EPA has determined that the results of pulmonary effects,
skin irritation, eye irritation, skin sensitization, and specific
target organ toxicity testing may be potentially useful to characterize
the human health effects of the PMN substance. Although the TSCA Order
does not require these tests, the TSCA Order's restrictions remain in
effect until the TSCA Order is modified or revoked by EPA based on
submission of this or other relevant information.
CFR citation: 40 CFR 721.11489.
V. Rationale and Objectives of the Proposed Rule
A. Rationale
During review of the PMNs submitted for the chemical substances
that are subject to these proposed SNURs, EPA concluded that 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. As a general matter, EPA believes
it is necessary to follow TSCA section 5(e) Orders with a SNUR that
identifies the absence of those protective measures as Significant New
Uses to ensure that all manufacturers and processors--not just the
original submitter--are held to the same standard.
B. Objectives
EPA is proposing these SNURs for specific chemical substances which
have undergone premanufacture review because the Agency wants:
To identify as significant new uses any manufacturing,
processing, use,
[[Page 26429]]
distribution in commerce, or disposal that does not conform to the
restrictions imposed by the underlying TSCA Orders, consistent with
TSCA section 5(f)(4).
To 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.
To 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.
VI. Applicability of the Proposed Significant New Use Designation
To establish a significant new use, EPA must determine that the use
is not ongoing. The chemical substances subject to this proposed rule
have undergone premanufacture review. In cases where EPA has not
received a notice of commencement (NOC) and the chemical substance has
not been added to the TSCA Inventory, no person may commence such
activities without first submitting a PMN. Therefore, for chemical
substances for which an NOC has not been submitted EPA concludes that
the designated significant new uses are not ongoing.
When chemical substances identified in this proposed rule are added
to the TSCA Inventory, EPA recognizes that, before the rule is
effective, other persons might engage in a use that has been identified
as a significant new use. However, TSCA section 5(e) Orders have been
issued for these chemical substances, and the PMN submitters are
prohibited by the TSCA section 5(e) Orders from undertaking activities
which would be designated as significant new uses. The identities of 18
of the 24 chemical substances subject to this proposed rule have been
claimed as confidential (per 40 CFR 720.85) for a chemical substance
covered by this action. Based on this, the Agency believes that it is
highly unlikely that any of the significant new uses described in the
regulatory text of this proposed rule are ongoing.
Therefore, EPA designates May 4, 2020 as the cutoff date for
determining whether the new use is ongoing. The objective of EPA's
approach is to ensure that a person cannot defeat a SNUR by initiating
a significant new use before the effective date of the final rule.
In the unlikely event that a person began commercial manufacture or
processing of the chemical substances for a significant new use
identified as of that date would have to cease any such activity upon
the effective date of the final rule. To resume their activities, these
persons would have to first comply with all applicable SNUR
notification requirements and wait until EPA has conducted a review of
the notice, made an appropriate determination on the notice, and has
taken such actions as are required with that determination.
Issuance of a SNUR for a chemical substance does not signify that
the chemical substance is listed on the TSCA Chemical Substance
Inventory (TSCA Inventory). Guidance on how to determine if a chemical
substance is on the TSCA Inventory is available on the internet at
https://www.epa.gov/opptintr/existingchemicals/pubs/tscainventory/.
VII. 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 or reasonably ascertainable (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 of the proposed rule 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. Furthermore, pursuant to TSCA section 4(h), which
pertains to reduction of testing on vertebrate animals, EPA encourages
dialog with the Agency on the use of alternative test methods and
strategies (also called New Approach Methodologies, or NAMs), if
available, to generate the potentially useful information. EPA
encourages dialogue with Agency representatives to help determine how
best the submitter can meet both the data needs and the objective of
TSCA section 4(h). To access the OCSPP test guidelines referenced in
this document electronically, please go to https://www.epa.gov/ocspp and
select ``Test Methods and Guidelines.'' The Organisation for Economic
Co-operation and Development test guidelines are available from the
OECD Bookshop at https://www.oecdbookshop.org or SourceOECD at https://www.sourceoecd.org.
The potentially useful information listed 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.
VIII. SNUN Submissions
According to 40 CFR 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. E-PMN software is available electronically
at https://www.epa.gov/opptintr/newchems.
IX. Economic Analysis
EPA has evaluated the potential costs of establishing SNUN
requirements for potential manufacturers and processors of the chemical
substances subject to this proposed rule. EPA's complete economic
analysis is available in the
[[Page 26430]]
docket under docket ID number EPA-HQ-OPPT-2019-0596.
X. Statutory and Executive Order Reviews
Additional information about these statutes and Executive Orders
can be found at https://www.epa.gov/laws-regulations-and-executive-orders.
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulations and Regulatory Review
This proposed rule would establish SNURs for 3 new chemical
substances that were the subject of PMNs. The Office of Management and
Budget (OMB) has exempted these types of actions from review under
Executive Order 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR
3821, January 21, 2011).
B. Paperwork Reduction Act (PRA)
According to the PRA, 44 U.S.C. 3501 et seq., an Agency may not
conduct or sponsor, and a person is not required to respond to a
collection of information that requires OMB approval under PRA, unless
it has been approved by OMB and displays a currently valid OMB control
number. The OMB control numbers for EPA's regulations in title 40 of
the CFR, after appearing in the Federal Register, are listed in 40 CFR
part 9, and included on the related collection instrument or form, if
applicable.
The information collection requirements related to this 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 RFA, 5 U.S.C. 601 et seq., the
Agency hereby certifies that promulgation of this proposed SNUR would
not have a significant adverse economic impact on a substantial number
of small entities. The requirement to submit a SNUN applies to any
person (including small or large entities) who intends to engage in any
activity described in the final rule as a ``significant new use.''
Because these uses are ``new,'' based on all information currently
available to EPA, it appears that no small or large entities presently
engage in such activities. A SNUR requires that any person who intends
to engage in such activity in the future must first notify EPA by
submitting a SNUN. Although some small entities may decide to pursue a
significant new use in the future, EPA cannot presently determine how
many, if any, there may be. However, EPA's experience to date is that,
in response to the promulgation of SNURs covering over 1,000 chemicals,
the Agency receives only a small number of notices per year. For
example, the number of SNUNs received was seven in Federal fiscal year
(FY) 2013, 13 in FY2014, six in FY2015, 12 in FY2016, 13 in FY2017, and
11 in FY2018, only a fraction of these were from small businesses. In
addition, the Agency currently offers relief to qualifying small
businesses by reducing the SNUN submission fee from $16,000 to $2,800.
This lower fee reduces the total reporting and recordkeeping of cost of
submitting a SNUN to about $10,116 for qualifying small firms.
Therefore, the potential economic impacts of complying with this
proposed SNUR are not expected to be significant or adversely impact a
substantial number of small entities. In a SNUR that published in the
Federal Register of June 2, 1997 (62 FR 29684) (FRL-5597-1), the Agency
presented its general determination that final SNURs are not expected
to have a significant economic impact on a substantial number of small
entities, which was provided to the Chief Counsel for Advocacy of the
Small Business Administration.
D. Unfunded Mandates Reform Act (UMRA)
Based on EPA's experience with proposing and finalizing SNURs,
State, local, and Tribal governments have not been impacted by these
rulemakings, and EPA does not have any reasons to believe that any
State, local, or Tribal government will be impacted by this proposed
rule. As such, EPA has determined that this proposed rule 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. 1531-1538 et seq.).
E. Executive Order 13132: Federalism
This action would not have a substantial direct effect on States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government, as specified in Executive Order 13132 (64 FR
43255, August 10, 1999).
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This proposed rule would not have Tribal implications because it is
not expected to have substantial direct effects on Indian Tribes. This
proposed rule would not significantly nor uniquely affect the
communities of Indian Tribal governments, nor does it involve or impose
any requirements that affect Indian Tribes. Accordingly, the
requirements of Executive Order 13175 (65 FR 67249, November 9, 2000),
do not apply to this proposed rule.
G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
This action is not subject to Executive Order 13045 (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: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This proposed rule is not subject to Executive Order 13211 (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.
[[Page 26431]]
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
This action does not entail special considerations of environmental
justice related issues as delineated by Executive Order 12898 (59 FR
7629, February 16, 1994).
List of Subjects
40 CFR Part 721
Environmental protection, Chemicals, Hazardous substances,
Reporting and recordkeeping requirements.
Dated: April 13, 2020.
Tala Henry,
Deputy Director, Office of Pollution Prevention and Toxics.
Therefore, it is proposed that 40 CFR chapter I be amended as
follows:
PARTS 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. Add Sec. Sec. 721.11466 through 721.11489 to subpart E to read as
follows:
Subpart E--Significant New Uses for Specific Chemical Substances
* * * * *
Secs.
721.11466 Aromatic amide oxime (generic).
721.11467 Carbon nanotubes (generic).
721.11468 Aromatic hydrocarbon resin (generic).
721.11469 Pentaerythritol ester of mixed linear and branched
carboxylic acids (generic) (P-17-193, chemical A).
721.11470 Dipentaerythritol ester of mixed linear and branched
carboxylic acids (generic) (P-17-193, chemical B).
721.11471 Alkylheterocyclic amine blocked isocyanate, alkoxysilane
polymer (generic).
721.11472 Isocyanic acid, polymethylenepolyphenylene ester,
caprolactam- and phenol-blocked.
721.11473 Benzamide, 2-(trifluoromethyl)-.
721.11474 Cashew, nutshell liq. polymer with formaldehyde, phenol
and resorcinol.
721.11475 Polyester polyol (generic).
721.11476 Fluorinated acrylate, polymer with alkyloxirane
homopolymer monoether with alkanediol mono(2-methyl-2-propenoate),
tert-Bu 2-ethylhexaneperoxoate-initiated (generic).
721.11477 2,5-Furandione, polymer with 2-ethyl-2-(hydroxymethyl)-
1,3-propanediol, 3a,4,5,6,7,7a-hexahydro-4,7-methano-1H-inden-5(or
6)-yl ester, ester with 2,3-dihydroxypropyl neodecanoate, polymer
with 5-isocyanato-1-(isocyanatomethyl)-1,3,3-trimethylcyclohexane,
2-hydroxyethyl acrylate- and 2-hydroxyethyl methacrylate-blocked.
721.11478 Perfluoroalkyl ethyl- and vinyl-modified
organopolysiloxane (generic).
721.11479 Perfluoroalkyl ethyl- and vinyl-modified
organopolysiloxane (generic).
721.11480 Oxirane, 2,2'-[cyclohexylidenebis(4,1-
phenyleneoxymethylene)]bis-.
721.11481 Saturated fatty acid, reaction products with cadmium zinc
selenide sulfide and polymeric amine (generic).
721.11482 Saturated fatty acid, reaction products with cadmium zinc
selenide sulfide, alkylamine and polymeric amine (generic).
721.11483 Heteropolycyclic, halo substituted alkyl substituted-
diaromatic amino substituted carbomonocycle, halo substituted alkyl
substituted heteropolycyclic, tetraaromatic metalloid salt (1:1)
(generic).
721.11484 Alkanediol, polymer with 5-isocyanato-1-
(isocyanatomethyl)-1,3,3-trimethylcyclohexane, alkylaminoalkyl
methacrylate-, and dialkylheteromonocycle-blocked (generic).
721.11485 Alkanediol, polymer with 5-isocyanato-1-
(isocyanatomethyl)-1,3,3-trimethylcyclohexane, alkylaminoalkyl
methacrylate-blocked (generic).
721.11486 Synthetic oil from tires (generic).
721.11487 1,3-Propanediamine, N1,N1-dimethyl-, polymers with
alkylene glycol ether with alkyltriol (3:1) mixed acrylates and
adipates, and alkylene glycol monoacrylate ether with alkyltriol
(3:1) (generic).
721.11488 1,3-Propanediol, 2-ethyl-2-(hydroxymethyl)-, polymer with
oxirane, 4-(dimethylamino)benzoate.
721.11489 Titanium (4+) hydroxyl-alkylcarboxylate salt complex
(generic).
* * * * *
Sec. 721.11466 Aromatic amide oxime (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
aromatic amide oxime (PMN P-14-865) 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) through (3), (b), 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. For purposes of
Sec. 721.63(a)(6), particulate (including solids or liquid droplets).
For purposes of Sec. 721.63(b), concentration is set at 1.0%.
(ii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(g).
(iii) Release to water. Requirements as specified in Sec.
721.90(a)(4), (b)(4) and, (c)(4) where N = 30.
(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.
Sec. 721.11467 Carbon nanotubes (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as carbon
nanotubes (PMN P-15-54) 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 that have been (i) embedded or incorporated into a polymer
matrix that itself has been reacted (cured) or (ii) embedded in a
permanent solid polymer form that is not intended to undergo further
processing, except mechanical processing.
(2) The significant new uses are:
(i) Workplace protection. Requirements as specified in Sec.
721.63(a)(1), (2)(i) and (ii), (3), (4) through (6), and (c). When
determining which persons are reasonably likely to be exposed as
required for Sec. 721.63(a)(1) and (a)(4), engineering control
measures (e.g., enclosure or confinement of the operation, general and
local ventilation) or administrative control measures (e.g., workplace
policies and procedures) shall be considered and implemented to prevent
exposure, where feasible. For purposes of Sec. 721.63(a)(5),
respirators must provide a National Institute for Occupational Safety
and Health (NIOSH) assigned protection factor (APF) of at least 50. For
purposes of Sec. 721.63(a)(6), particulate (including solids or liquid
droplets).
(ii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(k) (chemical intermediate to manufacture
functionalized carbon nanotubes by oxidation with nitric acid; additive
in rubber polymers to improve mechanical/physical/chemical/electrical
properties; additive in resin polymers to improve mechanical/physical/
chemical/electrical properties;
[[Page 26432]]
additive in metals to improve electrical/thermal properties; additive
in ceramics to improve mechanical/electrical/thermal properties; semi-
conductor, conductive, or resistive element in electronic circuitry and
devices; electric collector element or electrode in energy devices;
photoelectric or thermoelectric conversion elements in energy devices;
catalyst support element or catalytic electrode for use in energy
devices; additive for transparency and conductivity in electronic
devices; and electro-mechanical element in actuator, sensor, or
switching devices).
(iii) Disposal. Requirements as specified in Sec. 721.85(a)(1) and
(2), (b)(1) and (2), and (c)(1) and (2).
(iv) Release to water. Requirements as specified in Sec.
721.90(a)(1), (b)(1), and (c)(1).
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (e), and (i) through (k) are applicable to
manufacturers and processors of this substance.
(2) Limitations or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
Sec. 721.11468 Aromatic hydrocarbon resin (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
aromatic hydrocarbon resin (PMN P-16-583) is subject to reporting under
this section for the significant new uses described in paragraph (a)(2)
of this section. The requirements of this section do not apply to
quantities of the substance after they have been reacted (cured).
(2) The significant new uses are:
(i) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(k) (hot-melt sealant for motor vehicle
lamps). It is a significant new use to manufacture the PMN substance
with an average number molecular weight of less than 1000 grams per
mole.
(ii) [Reserved]
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (c), and (i) are applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
Sec. 721.11469 Pentaerythritol ester of mixed linear and branched
carboxylic acids (generic) (P-17-193, chemical A).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
pentaerythritol ester of mixed linear and branched carboxylic acids
(PMN P-17-193, chemical A) is subject to reporting under this section
for the significant new use described in paragraph (a)(2) of this
section.
(2) The significant new use is:
(i) Release to water. Requirements as specified in Sec.
721.90(a)(4), (b)(4), and (c)(4) where N = 330.
(ii) [Reserved]
(b) Specific requirements. The provision of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (c), and (k) are applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of certain modification requirements.
The provisions of Sec. 721.185 apply to this section.
Sec. 721.11470 Dipentaerythritol ester of mixed linear and branched
carboxylic acids (generic) (P-17-193, chemical B).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
dipentaerythritol ester of mixed linear and branched carboxylic acids
(PMN P-17-193, chemical B) is subject to reporting under this section
for the significant new use described in paragraph (a)(2) of this
section.
(2) The significant new use is:
(i) Release to water. Requirements as specified in Sec.
721.90(a)(4), (b)(4), and (c)(4) where N = 330.
(ii) [Reserved]
(b) Specific requirements. The provision of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (c), and (k) are applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of certain modification requirements.
The provisions of Sec. 721.185 apply to this section.
Sec. 721.11471 Alkylheterocyclic amine blocked isocyanate,
alkoxysilane polymer (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
alkylheterocyclic amine blocked isocyanate, alkoxysilane polymer (PMN
P-17-221) is subject to reporting under this section for the
significant new uses described in paragraph (a)(2) of this section. The
requirements of this TSCA Order do not apply to quantities of the PMN
substance after they have been completely reacted (cured).
(2) The significant new uses are:
(i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1), (a)(2)(i) and (iii), (a)(3) and (6) (particulate), (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 (d), (e) (concentration set at 1.0%), (f), (g)(1)(i)
and (ii), (2)(i) through (iii), (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). It is a significant new use to
formulate the PMN to a concentration greater than 10%.
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph.
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (i) are applicable to manufacturers and processors
of this substance.
(2) Limitations or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
(3) Determining whether a specific use is subject to this section.
The provisions of Sec. 721.1725(b)(1) apply to paragraph (a)(2)(iii).
Sec. 721.11472 Isocyanic acid, polymethylenepolyphenylene ester,
caprolactam- and phenol-blocked.
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified as isocyanic acid,
polymethylenepolyphenylene ester, caprolactam- and phenol-blocked (PMN
[[Page 26433]]
P-17-282, CAS NO. 2093945-13-0) is subject to reporting under this
section for the significant new uses described paragraph (a)(2) of this
section. The requirements of this section do not apply to quantities of
the substance after they have been completely reacted (cured).
(2) The significant new uses are:
(i) Industrial, commercial, and consumer activities. It is a
significant new use to manufacture, process, or use the PMN substance
in any manner or method that generates inhalation exposure to phenol or
caprolactam.
(ii) Release to water. Requirements as specified in Sec.
721.90(a)(4), (b)(4), and (c)(4) where N = 1.
(b) Specific requirements. The provision of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (c), (i), and (k) are applicable to manufacturers
and processors of this substance.
(2) Limitations or revocation of certain modification requirements.
The provisions of Sec. 721.185 apply to this section.
Sec. 721.11473 Benzamide, 2-(trifluoromethyl)-.
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified as benzamide, 2-
(trifluoromethyl)- (PMN P-17-334, CAS No. 360-64-5) 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), (2)(i) and (iv), (3), (4), (6)(v) and (vi) (particulate),
(b) (concentration set at 0.1%), 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 (d), (e) (concentration set at 0.1%), (f),
(g)(1)(iii) through (v), and (ix), (2)(i) through (iii), and (v),
(3)(i) and (ii), and (5). Alternative hazard and warning statements
that meet the criteria of the Globally Harmonized System (GHS) and OSHA
Hazard Communication Standard may be used.
(iii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(f), (g), and (y)(1).
(iv) Release to water. Requirements as specified in Sec.
721.90(a)(4), (b)(4), and (c)(4) where N = 39.
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph.
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (i) and (k) are applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
Sec. 721.11474 Cashew, nutshell liq. polymer with formaldehyde,
phenol and resorcinol.
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified as cashew nutshell
liq. polymer with formaldehyde, phenol and resorcinol (PMN P-17-386,
CAS No. 2044014-81-3) is subject to reporting under this section for
the significant new uses described in paragraph (a)(2) of this section.
The requirements of this section do not apply to quantities of the
substance after they have been reacted (cured).
(2) The significant new uses are:
(i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1), (3) through (5), (6)(v) and (vi) ((particulate),
(combination gas/vapor and particulate)), (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) and (a)(4), engineering
control measures (e.g., enclosure or confinement of the operation,
general and local ventilation) or administrative control measures
(e.g., workplace policies and procedures) shall be considered and
implemented to prevent exposure, where feasible. For purposes of Sec.
721.63(a)(5), respirators must provide a National Institute for
Occupational Safety and Health (NIOSH) assigned protection factor (APF)
of at least 50.
(ii) Hazard communication. Requirements as specified in Sec.
721.72(a) through (d), (e) (concentration set at 1.0%), (f), (g)(1)(i)
(skin and respiratory sensitization), (2)(i), (ii), (iv), (v),
(4)(iii), and (5). Alternative hazard and warning statements that meet
the criteria of the Globally Harmonized System and OSHA Hazard
Communication Standard may be used.
(iii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(o). It is a significant new use to
manufacture the substance for more than one year.
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (i) are applicable to manufacturers and processors
of this substance.
(2) Limitations or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
Sec. 721.11475 Polyester polyol (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
polyester polyol (PMN P-18-12) is subject to reporting under this
section for the significant new use described in paragraph (a)(2) of
this section.
(2) The significant new uses are:
(i) Release to water. Requirements as specified in Sec.
721.90(a)(4), (b)(4), and (c)(4) where N = 1.
(ii) [Reserved]
(b) Specific requirements. The provision of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (c), and (k) are applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of certain modification requirements.
The provisions of Sec. 721.185 apply to this section.
Sec. 721.11476 Fluorinated acrylate, polymer with alkyloxirane
homopolymer monoether with alkanediol mono(2-methyl-2-propenoate),
tert-Bu 2-ethylhexaneperoxoate-initiated (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
fluorinated acrylate, polymer with alkyloxirane homopolymer monoether
with alkanediol mono(2-methyl-2-propenoate), tert-Bu 2-
ethylhexaneperoxoate-initiated (PMN P-18-18) 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), (t), and (y)(1).
(ii) Releases to water. Requirements as specified in Sec.
721.90(a)(1), (b)(1), and (c)(1).
[[Page 26434]]
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (c), (i), and (k) are applicable to manufacturers
and processors of this substance.
(2) Limitations or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
(3) Determining whether a specific use is subject to this section.
The provisions of Sec. 721.1725(b)(1) apply to paragraph (a)(2)(i) of
this section.
Sec. 721.11477 2,5-Furandione, polymer with 2-ethyl-2-
(hydroxymethyl)-1,3-propanediol, 3a,4,5,6,7,7ahexahydro- 4,7-methano-
1H-inden-5(or 6)-yl ester, ester with 2,3-dihydroxypropyl neodecanoate,
polymer with 5-isocyanato-l-(isocyanatomethyl)-1,3, 3-
trimethylcyclohexane, 2-hydroxyethyl acrylate- and 2-hydroxyethyl
methacrylate-blocked.
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified as 2,5-furandione,
polymer with 2-ethyl-2-(hydroxymethyl)-1,3-propanediol,
3a,4,5,6,7,7ahexahydro- 4,7-methano-1H-inden-5(or 6)-yl ester, ester
with 2,3-dihydroxypropyl neodecanoate, polymer with 5-isocyanato-l-
(isocyanatomethyl)-1,3, 3-trimethylcyclohexane, 2-hydroxyethyl
acrylate- and 2-hydroxyethyl methacrylate-blocked (PMN P-18-42, CAS No.
2245262-16-0) 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).
(2) The significant new uses are:
(i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1), (2)(i) through (iv), (3), 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 (d), (f), (g)(1)(i), (ii), (iv), (vii), (ix) (eye
irritation), (2)(i) through (iii), (v) (avoid eye contact), and (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), and (y)(1).
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph.
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (i) 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).
Sec. 721.11478 Perfluoroalkyl ethyl- and vinyl-modified
organopolysiloxane (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
perfluoroalkyl ethyl- and vinyl-modified organopolysiloxane (PMN P-18-
52) is subject to reporting under this section for the significant new
uses described in paragraph (a)(2) of this section. The requirements of
this section do not apply to quantities of the substance after they
have been completely reacted (cured).
(2) The significant new uses are:
(i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1) through (5), and (c). When determining which persons are
reasonably likely to be exposed as required by Sec. 721.63(a)(1) and
(a)(4), engineering control measures (e.g., enclosure or confinement of
the operation, general and local ventilation) or administrative control
measures (e.g., workplace policies and procedures) shall be considered
and implemented to prevent exposure, where feasible. For purposes of
Sec. 721.63(a)(5), respirators must provide a National Institute for
Occupational Safety and Health (NIOSH) assigned protection factor (APF)
of at least 1,000), (6)(combination gas/vapor and particulate.
(A) As an alternative to 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 TSCA
section 5(e) consent order for this substance. The NCEL is 0.0015 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) consent order.
(ii) Hazard communication. Requirements as specified in Sec.
721.72(a) through (d), (f), (g)(1)(vi) (specific target organ
toxicity), (2)(i) through (v), and (5). Alternative hazard and warning
statements that meet the criteria of the Globally Harmonized System
(GHS) and OSHA Hazard Communication Standard may be used. For purposes
of Sec. 721.72(g)(2)(iv), use respiratory protection or maintain
workplace airborne concentrations at or below an 8-hour time-weighted
average of 0.0015 mg/m\3\.
(iii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(f) and (t) (420 kilograms).
(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 modification requirements.
The provisions of Sec. 721.185 apply to this section.
Sec. 721.11479 Perfluoroalkyl ethyl- and vinyl-modified
organopolysiloxane (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
perfluoroalkyl ethyl- and vinyl-modified organopolysiloxane (PMN P-18-
53) is subject to reporting under this section for the significant new
uses described in paragraph (a)(2) of this section. The requirements of
this section do not apply to quantities of the substance after they
have been completely reacted (cured).
(2) The significant new uses are:
(i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1), (3) through (6) (combination gas/vapor and particulate),
and (c). When determining which persons are reasonably likely to be
exposed as required by Sec. 721.63(a)(1) and (a)(4), engineering
control measures (e.g., enclosure or confinement of the operation,
general and local ventilation) or administrative control measures
(e.g., workplace policies and procedures) shall be considered and
implemented to prevent exposure, where feasible. For purposes of Sec.
721.63(a)(5), respirators must provide a National Institute for
Occupational Safety and Health
[[Page 26435]]
(NIOSH) assigned protection factor (APF) of at least 1,000.
(A) As an alternative to 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 TSCA
section 5(e) consent order for this substance. The NCEL is 0.0015 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) consent order.
(ii) Hazard communication. Requirements as specified in Sec.
721.72(a) through (d), (f), (g)(1)(vi) (specific target organ
toxicity), (2)(i) through (v), and (5). Alternative hazard and warning
statements that meet the criteria of the Globally Harmonized System
(GHS) and OSHA Hazard Communication Standard may be used. For purposes
of Sec. 721.63(g)(2)(iv), use respiratory protection or maintain
workplace airborne concentrations at or below an 8-hour time-weighted
average of 0.0015 mg/m\3\.
(iii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(f) and (t) (336 kilograms).
(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 modification requirements.
The provisions of Sec. 1721.185 apply to this section.
Sec. 721.11480 Oxirane, 2,2'-[cyclohexylidenebis(4,1-
phenyleneoxymethylene)]bis-.
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical identified as oxirane, 2,2'-
[cyclohexylidenebis(4,1-phenyleneoxymethylene)]bis- (PMN P-18-62, CAS
No. 13446-84-9) is subject to reporting under this section for the
significant new use 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).
(2) The significant new uses are:
(i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1), (3) through (6) (particulate including solids or liquid
droplets), (b) (concentration set at 0.1%), and (c). When determining
which persons are reasonably likely to be exposed as required for Sec.
721.63(a)(1) and (a)(4), engineering control measures (e.g., enclosure
or confinement of the operation, general and local ventilation) or
administrative control measures (e.g., workplace policies and
procedures) shall be considered and implemented to prevent exposure,
where feasible. For purposes of Sec. 721.63(a)(5), respirators must
provide a National Institute for Occupational Safety and Health (NIOSH)
assigned protection factor (APF) of at least 1,000.
(ii) Hazard communication. Requirements as specified in Sec.
721.72(a) through (e) (concentration set at 0.1%), (f), (g)(1)(vi),
(vii) (specific target organ toxicity), (2)(i) through (iii) (use
respiratory protection when spraying), (v), (3)(i) and (ii), (4)(i),
and (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). It is a significant new use to
manufacture or process the PMN substance in any manner which generates
inhalation exposures.
(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 provision of subpart A of this part
apply to this section 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 modification requirements.
The provisions of Sec. 721.185 apply to this section.
(3) Determining whether a specific use is subject to this section.
The provisions of Sec. 721.1725(b)(1) apply to paragraph (a)(2)(iii)
of this section.
Sec. 721.11481 Saturated fatty acid, reaction products with cadmium
zinc selenide sulfide and polymeric amine (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical identified generically as saturated fatty
acid, reaction products with cadmium zinc selenide sulfide and
polymeric amine (PMN P-18-74) is subject to reporting under this
section for the significant new use 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), (6) (particulate (including solids or liquid
droplets), 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 (d), (f), (g)(1)(i), (vii) ((pulmonary toxicity),
(eye damage), (specific target organ toxicity), (skin sensitization)),
(2)(i) through (iii), and (v), (3)(i) and (ii), (4)(i) and (iii), and
(5). Alternative hazard and warning statements that meet the criteria
of the Globally Harmonized System and OSHA Hazard Communication
Standard may be used.
(iii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(k) (chemical intermediate for a quantum
dot used as an optical down-converter (50%), and quantum dot in an
optical down-converter (50%)). It is a significant new use to
manufacture, process, or use the PMN substance in other than a liquid
formulation. It is a significant new use to manufacture or process the
PMN substance in any manner which generates inhalation exposures. It is
a significant new use to manufacture the PMN substance with a cadmium
percentage greater than the confidential level identified in the TSCA
Order.
(iv) Disposal. It is a significant new use to dispose of the PMN
substance in any manner other than by incineration in a permitted
hazardous waste incinerator.
(v) Release to water. Requirements as specified in Sec.
721.90(a)(1), (b)(1), and (c)(1).
(b) Specific requirements. The provision of subpart A of this part
apply to this section as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (d), and (f) through (k) are applicable to
manufacturers and processors of this substance.
(2) Limitations or revocation of certain modification requirements.
The provisions of Sec. 721.185 apply to this section.
[[Page 26436]]
(3) Determining whether a specific use is subject to this section.
The provisions of Sec. 721.1725(b)(1) apply to paragraph (a)(2)(iii)
of this section.
Sec. 721.11482 Saturated fatty acid, reaction products with cadmium
zinc selenide sulfide, alkylamine and polymeric amine (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical identified generically as saturated fatty
acid, reaction products with cadmium zinc selenide sulfide, alkylamine
and polymeric amine (PMN P-18-75) is subject to reporting under this
section for the significant new use 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), (6) (particulate (including solids or liquid
droplets)), 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 (d), (f), (g)(1)(i), (vii) ((pulmonary toxicity),
(eye damage), (specific target organ toxicity), (skin sensitization)),
(2)(i) through (iii), and (v), (3)(i) and (ii), (4)(i) and (iii), and
(5). Alternative hazard and warning statements that meet the criteria
of the Globally Harmonized System and OSHA Hazard Communication
Standard may be used.
(iii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(k)(quantum dot in an optical down-
converter). It is a significant new use to manufacture, process, or use
the PMN substance in other than a liquid formulation. It is a
significant new use to manufacture or process the PMN substance in any
manner which generates inhalation exposures. It is a significant new
use to manufacture the PMN substance with a cadmium percentage greater
than the confidential value stated in the TSCA Order.
(iv) Disposal. It is a significant new use to dispose of the PMN
substance in any manner other than by incineration in a permitted
hazardous waste incinerator.
(v) Release to water. Requirements as specified in Sec.
721.90(a)(1), (b)(1), and (c)(1).
(b) Specific requirements. The provision of subpart A of this part
apply to this section as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (d), and (f) through (k) are applicable to
manufacturers and processors of this substance.
(2) Limitations or revocation of certain modification requirements.
The provisions of Sec. 721.185 apply to this section.
(3) Determining whether a specific use is subject to this section.
The provisions of Sec. 721.1725(b)(1) apply to paragraph (a)(2)(iii)
of this section.
Sec. 721.11483 Heteropolycyclic, halo substituted alkyl substituted-
diaromatic amino substituted carbomonocycle, halo substituted alkyl
substituted heteropolycyclic, tetraaromatic metalloid salt (1:1)
(generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
heteropolycyclic, halo substituted alkyl substituted- diaromatic amino
substituted carbomonocycle, halo substituted alkyl substituted
heteropolycyclic, tetraaromatic metalloid salt (1:1) (PMN P-18-160) is
subject to reporting under this section for the significant new uses
described in paragraph (a)(2) of this section. The requirements of this
section do not apply to quantities of the substance after they have
been completely reacted (cured).
(2) The significant new uses are:
(i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1), (2)(i) through (iv), and (3) through (6) ((solids),
(liquid droplets)). When determining which persons are reasonably
likely to be exposed as required for Sec. 721.63(a)(1) and (a)(4),
engineering control measures (e.g., enclosure or confinement of the
operation, general and local ventilation) or administrative (e.g.,
workplace policies and procedures) shall be considered and implemented
to prevent exposure, where feasible. For purposes of Sec.
721.63(a)(5), respirators must provide a National Institute for
Occupational Safety and Health (NIOSH) assigned protection factor (APF)
of at least 50.
(ii) Hazard communication. Requirements as specified in Sec.
721.72(a) through (d), (f), (g)(1) ((acute toxicity), (neurotoxicity),
(photosensitization), (eye irritation)), (2)(i) through (v), (3)(i) and
(ii), and (4)(iii). 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), (t), and (w)(1), (3), and (4). It is a
significant new use to manufacture the substance for more than 18
months.
(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 (c), (i), and (k) are applicable to manufacturers
and processors of this substance.
(2) Limitations or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
(3) Determining whether a specific use is subject to this section.
The provisions of Sec. 721.1725(b)(1) apply to paragraph (a)(2)(iii)
of this section.
Sec. 721.11484 Alkanediol, polymer with 5-isocyanato-1-
(isocyanatomethyl)-1,3,3-trimethylcyclohexane, alkylaminoalkyl
methacrylate-, and dialkylheteromonocycle-blocked (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
alkanediol, polymer with 5-isocyanato-1-(isocyanatomethyl)-1,3,3-
trimethylcyclohexane, alkylaminoalkyl methacrylate-, and
dialkylheteromonocycle-blocked (PMN P-18-237) is subject to reporting
under this section for the significant new uses described in paragraph
(a)(2) of this section. The requirements of this section do not apply
to quantities of the substance after they have been reacted (cured).
(2) The significant new uses are:
(i) Industrial, commercial, and consumer activities. It is a
significant new use to manufacture, process, or use the PMN substance
in any manner or method that generates dust, spray, vapor, mist, or
aerosol.
(ii) Releases 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 (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.
[[Page 26437]]
Sec. 721.11485 Alkanediol, polymer with 5-isocyanato-1-
(isocyanatomethyl)-1,3,3-trimethylcyclohexane, alkylaminoalkyl
methacrylate-blocked (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
alkanediol, polymer with 5-isocyanato-1-(isocyanatomethyl)-1,3,3-
trimethylcyclohexane, alkylaminoalkyl methacrylate-blocked (PMN P-18-
292) is subject to reporting under this section for the significant new
uses described in paragraph (a)(2) of this section. The requirements of
this section do not apply to quantities of the substance after they
have been reacted (cured).
(2) The significant new uses are:
(i) Industrial, commercial, and consumer activities. It is a
significant new use to manufacture, process, or use the PMN substance
in any manner or method that generates dust, spray, vapor, mist, or
aerosol.
(ii) Releases 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 (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.
Sec. 721.11486 Synthetic oil from tires (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
synthetic oil from tires (PMN P-18-287) 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) and (o).
(ii) Disposal. Requirements as specified in Sec. 721.85(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 (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)(i) of
this section.
Sec. 721.11487 1,3-Propanediamine, N1,N1-dimethyl-, polymers with
alkylene glycol ether with alkyltriol (3:1) mixed acrylates and
adipates, and alkylene glycol monoacrylate ether with alkyltriol (3:1)
(generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as 1,3-
propanediamine, N1,N1-dimethyl-, polymers with alkylene glycol ether
with alkyltriol (3:1) mixed acrylates and adipates, and alkylene glycol
monoacrylate ether with alkyltriol (3:1) (PMN P-19-51) 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).
(2) The significant new uses are:
(i) Hazard communication. Requirements as specified in Sec.
721.72(a) through (e) (concentration set at 0.1%), (f), (g)(1)(i), (iv)
((eye irritation), (skin sensitization), (respiratory sensitization)),
(2)(i) through (v), (3)(i) and (ii), (4)(i) and (ii), and (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(f) and (k).
(iii) 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.
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (d), (f) 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)(ii) of
this section.
Sec. 721.11488 1,3-Propanediol, 2-ethyl-2-(hydroxymethyl)-, polymer
with oxirane, 4-(dimethylamino)benzoate.
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified as 1,3-propanediol, 2-
ethyl-2-(hydroxymethyl)-, polymer with oxirane, 4-
(dimethylamino)benzoate (PMN P-19-55, CAS No. 2067275-86-7) is subject
to reporting under this section for the significant new uses described
in paragraph (a)(2) if this section. The requirements of this section
do not apply to quantities of the PMN substance after they have been
completely reacted (cured).
(2) The significant new uses are:
(i) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(k)(photo initiator within UV curable
coating/ink formulations). It is a significant new use to manufacture,
process, or use the PMN substance in any manner that results in
inhalation exposure.
(ii) Release to water. Requirements as specified in Sec.
721.90(a)(4), (b)(4), and (c)(4) where N = 12.
(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 modification requirements.
The provisions of Sec. 1721.185 apply to this section.
Sec. 721.11489 Titanium (4+) hydroxyl-alkylcarboxylate salt complex
(generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
titanium (4+) hydroxyl-alkylcarboxylate salt complex (PMN P-19-159) is
subject to reporting under this section for the significant new uses
described in paragraph (a)(2) of this section. The requirements of this
section do not apply to quantities of the substance after they have
been completely reacted (cured).
(2) The significant new uses are:
(i) Industrial, commercial, and consumer activities. It is a
significant new use to manufacture, process, or use the PMN substance
in any manner or method that generates inhalation exposure.
(ii) Release to water. Requirements as specified in Sec.
721.90(a)(4), (b)(4), and (c)(4) where N = 1.
(b) Specific requirements. The provision of subpart A of this part
apply
[[Page 26438]]
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.
[FR Doc. 2020-08714 Filed 5-1-20; 8:45 am]
BILLING CODE 6560-50-P