Significant New Use Rules on Certain Chemical Substances (21-1.B), 73007-73012 [2020-25049]
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Proposed Rules
Federal Register
Vol. 85, No. 221
Monday, November 16, 2020
This section of the FEDERAL REGISTER
contains notices to the public of the proposed
issuance of rules and regulations. The
purpose of these notices is to give interested
persons an opportunity to participate in the
rule making prior to the adoption of the final
rules.
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
21 CFR Part 6
42 CFR Part 1, 404
45 CFR Part 6
[Docket No. HHS–OS–2020–0012]
RIN 0991–AC24
Securing Updated and Necessary
Statutory Evaluations Timely
Department of Health and
Human Services (HHS).
ACTION: Proposed rule; public hearing.
AGENCY:
This document announces a
public hearing to receive information
and views on the Notice of Proposed
Rulemaking (NPRM) entitled ‘‘Securing
Updated and Necessary Statutory
Evaluations Timely.’’
DATES: November 23, 2020, 10 a.m.–2
p.m. Eastern Time (ET). The ending
time of this public hearing may change
based on public interest. The most upto-date information about the public
hearing will be available on the
HHS.gov website at https://
www.hhs.gov/regulations/comment-onopen-rules/.
ADDRESSES: This meeting will be held
virtually by WebEx and teleconference.
The public can join the meeting by:
(Audio Portion) Calling the
conference phone number +1–415–527–
5035 and providing the following
information:
Meeting Number (access code): 199 934
0311
Meeting Password: jB4kisMJt47
FOR FURTHER INFORMATION CONTACT:
James Lawrence, 200 Independence
Avenue, SW Room 713F, Washington,
DC 20201; or by email at reviewnprm@
hhs.gov; or by telephone at 1–877–696–
6775.
SUPPLEMENTARY INFORMATION: To further
comply with the Regulatory Flexibility
Act and certain Executive Orders, as
well as to ensure its regulations have
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SUMMARY:
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appropriate impacts, the U.S.
Department of Health and Human
Services (HHS) issued a notice of
proposed rulemaking (NPRM) to set
expiration dates for its regulations
(subject to certain exceptions), unless
the Department periodically assesses the
regulations to determine if they are
subject to the RFA, and if they are,
performs a review that satisfies the
criteria in the RFA.
The NPRM was published in the
Federal Register on November 4, 2020.
See 85 FR 70096, https://
www.govinfo.gov/content/pkg/FR-202011-04/pdf/2020-23888.pdf. The public
comment period closes on December 4,
2020, except that portions of the
proposed rule amending 42 CFR parts
400–429 and parts 475–499 are due
January 4, 2021.
The public hearing will be held
during the public comment period. This
hearing is to provide an open forum for
the presentation of information and
views concerning all aspects of the
NPRM by interested persons.
In preparing a final regulation, the
Secretary will consider the
administrative record of this hearing
along with all other written comments
received during the comment period
specified in the NPRM. Individuals or
representatives of interested
organizations are invited to participate
in the public hearing in accordance with
the schedule and procedures set forth
below. Persons who wish to participate
are requested to file a notice of
participation with HHS on or before
November 19, 2020. The notice should
be emailed to reviewnprm@hhs.gov or
mailed to James Lawrence, 200
Independence Avenue SW, Room 713F,
Washington, DC 20201. To ensure
timely handling, any outer envelope or
the subject line of an email should be
clearly marked ‘‘Review NPRM
Hearing.’’ The notice of participation
should contain the interested person’s
name, address, email address, telephone
number, any business or organizational
affiliation of the person desiring to make
a presentation, a brief summary of the
presentation, and the approximate time
requested for the presentation. Groups
that have similar interests should
consolidate their comments as part of
one presentation. Time available for the
hearing will be allocated among the
persons who properly file notices of
participation. If time permits, interested
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parties attending the hearing who did
not submit notices of participation in
advance will be allowed to make an oral
presentation at the conclusion of the
hearing.
Persons who find that there is
insufficient time to submit the required
information in writing may give oral
notice of participation by calling James
Lawrence at 1–877–696–6775, no later
than November 20, 2020.
After reviewing the notices of
participation and accompanying
information, HHS will schedule each
appearance and notify each participant
by mail, email, or telephone of the time
allotted to the person(s) and the
approximate time the person’s oral
presentation is scheduled to begin.
A summary of comments and a
recording of the hearing will be made
available for public inspection on the
HHS.gov website, https://www.hhs.gov/
, as soon as they have been prepared.
Dated: November 10, 2020.
Alex M. Azar II,
Secretary, Department of Health and Human
Services.
[FR Doc. 2020–25246 Filed 11–12–20; 11:15 am]
BILLING CODE 4150–26–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 721
[EPA–HQ–OPPT–2020–0513; FRL–10016–
39]
RIN 2070–AB27
Significant New Use Rules on Certain
Chemical Substances (21–1.B)
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 which are the
subject of premanufacture notices
(PMNs). This action would require
persons to notify EPA at least 90 days
before commencing manufacture
(defined by statute to include import) or
processing of any of these chemical
substances for an activity that is
designated as a significant new use by
this proposed rule. This action would
further require that persons not
SUMMARY:
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commence manufacture or processing
for the significant new use until they
have submitted a Significant New Use
Notice (SNUN), and EPA has conducted
a review of the notice, made an
appropriate determination on the notice,
and has taken any risk management
actions as are required as a result of that
determination.
DATES: Comments must be received on
or before December 16, 2020.
ADDRESSES: Submit your comments,
identified by docket identification (ID)
number EPA–HQ–OPPT–2020–0513,
using the Federal eRulemaking Portal at
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.
Due to the public health emergency,
the EPA Docket Center (EPA/DC) and
Reading Room is closed to visitors with
limited exceptions. The staff continues
to provide remote customer service via
email, phone, and webform. For the
latest status information on EPA/DC
services and docket access, visit https://
www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT: For
technical information contact: William
Wysong, New Chemicals Division
(7405M), Office of Pollution Prevention
and Toxics, Environmental Protection
Agency, 1200 Pennsylvania Ave. NW,
Washington, DC 20460–0001; telephone
number: (202) 564–4163; email address:
wysong.william@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:
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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
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certification and export notification
rules under TSCA. Chemical importers
are subject to the TSCA section 13 (15
U.S.C. 2612) import provisions. This
action may also affect certain entities
through pre-existing import certification
and export notification rules under
TSCA, which would include the SNUR
requirements should these proposed
rules be finalized. The EPA policy in
support of import certification appears
at 40 CFR part 707, subpart B. In
addition, pursuant to 40 CFR 721.20,
any persons who export or intend to
export a chemical substance that is the
subject of this proposed rule on or after
December 16, 2020 are subject to the
export notification provisions of TSCA
section 12(b) (15 U.S.C. 2611(b)) 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 CBI
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/
commenting-epa-dockets.
II. Background
A. What action is the Agency taking?
EPA is proposing these SNURs under
TSCA section 5(a)(2) for chemical
substances which are the subjects of
PMNs P–18–175 and P–19–38. These
proposed SNURs would require persons
who intend to manufacture or process
any of these chemical substances for an
activity that is designated as a
significant new use to notify EPA at
least 90 days before commencing that
activity.
The record for these proposed SNURs,
identified as docket ID number EPA–
HQ–OPPT–2020–0513, includes
information considered by the Agency
in developing these proposed SNURs.
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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.
C. Do the SNUR general provisions
apply?
General provisions for SNURs appear
in 40 CFR part 721, subpart A. These
provisions describe persons subject to
the rule, recordkeeping requirements,
exemptions to reporting requirements,
and applicability of the rule to uses
occurring before the effective date of the
rule. Provisions relating to user fees
appear at 40 CFR part 700. Pursuant 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)
(15 U.S.C. 2604(a)(1)(A)). In particular,
these requirements include the
information submission requirements of
TSCA sections 5(b) and 5(d)(1) (15
U.S.C. 2604(b) and 2604(d)(1)), the
exemptions authorized by TSCA
sections 5(h)(1), 5(h)(2), 5(h)(3), and
5(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. If
EPA determines that the chemical
substance 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
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.
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• 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, and potential
human exposures and environmental
releases that may be associated with the
substances, in the context of the four
bulleted TSCA section 5(a)(2) factors
listed in this unit. During its review of
these chemicals, EPA identified certain
conditions of use that are not intended
by the submitters, but reasonably
foreseen to occur. EPA is proposing to
designate those reasonably foreseen
conditions of use as well as certain
other circumstances of use as significant
new uses.
IV. Substances Subject to This Proposed
Rule
EPA is proposing significant new use
and recordkeeping requirements be
added to 40 CFR part 721, subpart E for
the chemical substances identified in
this unit. For each chemical substance,
EPA provides the following information
in this unit:
• PMN number.
• Chemical name (generic name, if
the specific name is claimed as CBI).
• Chemical Abstracts Service (CAS)
Registry number (if assigned for nonconfidential chemical identities).
• Basis for the SNUR.
• Potentially useful information.
• CFR citation assigned in the
regulatory text section of these proposed
rules. The regulatory text section of
these proposed rules specifies the
activities designated as significant new
uses. Certain new uses, including
production volume limits and other
uses designated in the proposed rules,
may be claimed as CBI.
The chemical substances that are the
subject of these proposed SNURs are
undergoing premanufacture review. In
addition to those conditions of use
intended by the submitter, EPA has
identified certain other reasonably
foreseen conditions of use. EPA has
preliminarily determined that the
chemicals under their intended
conditions of use are not likely to
present an unreasonable risk. However,
EPA has not assessed risks associated
with the reasonably foreseen conditions
of use for these chemicals. EPA is
proposing to designate these reasonably
foreseen conditions of use and other
circumstances of use as significant new
uses. As a result, those significant new
uses cannot occur without first going
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through a separate, subsequent EPA
review and determination process
associated with a SNUN.
The substances subject to these
proposed rules are as follows:
PMN Number: P–18–175.
Chemical name: Formaldehyde,
polymer with 4-(1,1dimethylethyl)phenol and phenol, Bu
ether.
CAS number: 2215936–67–5.
Basis for action: The PMN states that
the use of the substance will be as a can
coating for food and non-food contact.
Based on the physical/chemical
properties of the PMN substance and
Structure Activity Relationships (SAR)
analysis of test data on analogous
substances, EPA has identified concerns
for aquatic toxicity, serious eye damage,
skin irritation, and specific target organ
toxicity if the chemical is not used
following the limitations noted. This
proposed SNUR designates the
following as ‘‘significant new uses’’
requiring further review by EPA:
• Release of the PMN substance
resulting in surface water
concentrations that exceed 1 ppb.
Potentially useful information: EPA
has determined that certain information
about the environmental and health
effects of the PMN substance may be
potentially useful 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 aquatic toxicity, eye irritation/
corrosion, skin irritation/corrosion, and
specific target organ toxicity testing
would help characterize the potential
environmental and health effects of the
PMN substance.
CFR citation: 40 CFR 721.11566.
PMN Number: P–19–38.
Chemical name: Fatty acids, coco, isoBu esters.
CAS number: 91697–43–7.
Basis for action: The PMN states that
the use of the substance will be as an
ink carrier for the ceramic industries.
Based on the physical/chemical
properties of the PMN substance and
SAR analysis of test data on analogous
substances, EPA has identified concerns
for aquatic toxicity if the chemical is not
used following the limitations noted.
This proposed SNUR designates the
following as ‘‘significant new uses’’
requiring further review by EPA:
• Release of the PMN substance
resulting in surface water
concentrations that exceed 1 ppb.
Potentially useful information: EPA
has determined that certain information
about the environmental effects of the
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PMN substance may be potentially
useful 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
aquatic toxicity testing would help
characterize the potential environmental
effects of the PMN substance.
CFR citation: 40 CFR 721.11567.
V. Rationale and Objectives of the
Proposed Rule
A. Rationale
During review of the PMNs submitted
for the chemical substances that are the
subject of these proposed SNURs and as
further discussed in Unit IV., EPA
identified certain other reasonably
foreseen conditions of use, in addition
to those conditions of use intended by
the submitter. EPA has preliminarily
determined that the chemical under the
intended conditions of use is not likely
to present an unreasonable risk.
However, EPA has not assessed risks
associated with the reasonably foreseen
conditions of use. EPA is proposing to
designate these conditions of use as well
as certain other circumstances of use as
significant new uses. As a result, those
significant new uses cannot occur
without going through a separate,
subsequent EPA review and
determination process associated with a
SNUN.
B. Objectives
EPA is proposing these SNURs
because the Agency wants:
• 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 obligated to make a
determination under TSCA section
5(a)(3) regarding the use described in
the SNUN, under the conditions of use.
The Agency will either determine under
TSCA section 5(a)(3)(C) that the
chemical, under the conditions of use,
is not likely to present an unreasonable
risk, including an unreasonable risk to
a potentially exposed or susceptible
subpopulation identified as relevant by
the Administrator under the conditions
of use, or make a determination under
TSCA section 5(a)(3)(A) or (B) and take
the required regulatory action associated
with the determination, before
manufacture or processing for the
significant new use of the chemical
substance can occur.
• To be able to complete its review
and determination on each of the PMN
substances, while deferring analysis on
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the significant new uses proposed in
these rules unless and until the Agency
receives a SNUN.
Issuance of a proposed SNUR for a
chemical substance does not signify that
the chemical substance is listed on the
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/tscainventory.
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VI. Applicability of the Proposed Rules
to Uses Occurring Before the Effective
Date of the Final Rule
To establish a significant new use,
EPA must determine that the use is not
ongoing. The chemical substances
subject to this proposed rule were
undergoing premanufacture review at
the time of signature of this proposed
rule and were not on the TSCA
Inventory. 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 the chemical
substances subject to these proposed
SNURs, EPA concludes that the
proposed significant new uses are not
ongoing.
EPA designates November 5, 2020
(date of web posting of this proposed
rule) 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.
Persons who begin commercial
manufacture or processing of the
chemical substances for a significant
new use identified on or after 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 EPA would have to
take action under section 5 allowing
manufacture or processing to proceed.
In developing this proposed rule, EPA
has recognized that, given EPA’s general
practice of posting proposed rules on its
website a week or more in advance of
Federal Register publication, this
objective could be thwarted even before
Federal Register publication of the
proposed rule.
VII. Development and Submission of
Information
EPA recognizes that TSCA section 5
does not require development of any
particular new information (e.g.,
generating test data) before submission
of a SNUN. There is an exception: If a
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person is required to submit information
for a chemical substance pursuant to a
rule, order or consent agreement under
TSCA section 4 (15 U.S.C. 2603), then
TSCA section 5(b)(1)(A) (15 U.S.C.
2604(b)(1)(A)) requires such information
to be submitted to EPA at the time of
submission of the SNUN.
In the absence of a rule, order, or
consent agreement under TSCA section
4 covering the chemical substance,
persons are required only to submit
information in their possession or
control and to describe any other
information known to or reasonably
ascertainable by them (see 40 CFR
720.50). However, upon review of PMNs
and SNUNs, the Agency has the
authority to require appropriate testing.
Unit IV. lists potentially useful
information for all SNURs listed here.
Descriptions are provided for
informational purposes. The potentially
useful information identified in Unit IV.
will be useful to EPA’s evaluation in the
event that someone submits a SNUN for
the significant new use. Companies who
are considering submitting a SNUN are
encouraged, but not required, to develop
the information on the substance, which
may assist with EPA’s analysis of the
SNUN.
EPA strongly encourages persons,
before performing any testing, to consult
with the Agency pertaining to protocol
selection. Furthermore, pursuant to
TSCA section 4(h), which pertains to
reduction of testing in vertebrate
animals, EPA encourages consultation
with the Agency on the use of
alternative test methods and strategies
(also called New Approach
Methodologies, or NAMs), if available,
to generate the recommended test data.
EPA encourages dialog with Agency
representatives to help determine how
best the submitter can meet both the
data needs and the objective of TSCA
section 4(h).
The potentially useful information
described in Unit IV. may not be the
only means of providing information to
evaluate the chemical substance
associated with the significant new
uses. However, submitting a SNUN
without any test data may increase the
likelihood that EPA will take action
under TSCA sections 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.
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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
and 721.25. E–PMN software is
available electronically at https://
www.epa.gov/reviewing-new-chemicalsunder-toxic-substances-control-act-tsca.
IX. Economic Analysis
EPA has evaluated the potential costs
of establishing SNUN requirements for
potential manufacturers and processors
of the chemical substances subject to
this proposed rule. EPA’s complete
economic analysis is available in the
docket for this rulemaking.
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.
A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 13563: Improving Regulations
and Regulatory Review
This action proposes to establish
SNURs for 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
Orders 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
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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., I hereby certify 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
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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 will not have federalism
implications because it is not expected
to 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 action will not have Tribal
implications because it is not expected
to have substantial direct effects on
Indian Tribes, significantly or uniquely
affect the communities of Indian Tribal
governments, and does not involve or
impose any requirements that affect
Indian Tribes, as specified in Executive
Order 13175 (65 FR 67249, November 9,
2000).
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.
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Fmt 4702
Sfmt 4702
73011
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.
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 in 40 CFR Part 721
Environmental Protection, Chemicals,
Hazardous Substances, Reporting and
Recordkeeping Requirements.
Dated: October 30, 2020.
Tala Henry,
Deputy Director, Office of Pollution
Prevention and Toxics.
Therefore, for the reasons stated in the
preamble, EPA proposes to amend 40
CFR part 721 as follows:
PART 721—SIGNIFICANT NEW USES
OF CHEMICAL SUBSTANCES
1. The authority citation for part 721
continues to read as follows:
■
Authority: 15 U.S.C. 2604, 2607, and
2625(c).
2. Add §§ 721.11566 and 721.11567 to
subpart E to read as follows:
■
Subpart E—Significant New Uses for
Specific Chemical Substances
*
*
*
*
*
§ 721.11566 Formaldehyde, polymer with
4-(1,1-dimethylethyl)phenol and phenol, Bu
ether.
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified as
formaldehyde, polymer with 4-(1,1dimethylethyl)phenol and phenol, Bu
ether (PMN P–18–175, CAS No.
2215936–67–5) is subject to reporting
under this section for the significant
new uses described in paragraph (a)(2)
of this section.
E:\FR\FM\16NOP1.SGM
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73012
Federal Register / Vol. 85, No. 221 / Monday, November 16, 2020 / Proposed Rules
(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
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 (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.
§ 721.11567
esters.
Fatty acids, coco, iso-Bu
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified as
fatty acids, coco, iso-Bu esters (PMN P–
19–38, CAS No. 91697–43–7) is subject
to reporting under this section for the
significant new uses described in
paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) 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
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 (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. 2020–25049 Filed 11–13–20; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS–R4–ES–2019–0018;
FF09E22000 FXES1113090FEDR 212]
jbell on DSKJLSW7X2PROD with PROPOSALS
RIN 1018–BE09
Endangered and Threatened Wildlife
and Plants; Reclassification of the
Red-Cockaded Woodpecker From
Endangered to Threatened With a
Section 4(d) Rule
AGENCY:
Fish and Wildlife Service,
Interior.
VerDate Sep<11>2014
17:47 Nov 13, 2020
Jkt 253001
Proposed rule; announcement of
a public informational meeting and
public hearing.
ACTION:
We, the U.S. Fish and
Wildlife Service (Service), recently
proposed to reclassify the endangered
red-cockaded woodpecker (Dryobates
borealis) as a threatened species with a
rule issued under section 4(d) of the
Endangered Species Act of 1973 (Act),
as amended. We announced a 60-day
public comment period on the proposed
rule, ending December 7, 2020. We now
announce a public informational
meeting and public hearing on the
proposed rule.
DATES:
Public informational meeting and
public hearing: On December 1, 2020,
we will hold a public informational
meeting from 6 to 7:30 p.m., Eastern
Time, followed by a public hearing from
7:30 to 9 p.m., Eastern Time.
Comment submission: We will accept
written comments received or
postmarked on or before December 7,
2020. Comments submitted
electronically using the Federal
eRulemaking Portal (see ADDRESSES,
below) must be received by 11:59 p.m.
Eastern Time on the closing date.
ADDRESSES: Availability of documents:
You may obtain copies of the October 8,
2020, proposed rule and associated
documents on the internet at https://
www.regulations.gov under Docket No.
FWS–R4–ES–2019–0018.
Public informational meeting and
public hearing: The public
informational meeting and the public
hearing will be held virtually using the
Zoom platform. See Public Hearing,
below, for more information.
Comment submission: You may
submit written comments by one of the
following methods:
(1) Electronically: Go to the Federal
eRulemaking Portal: https://
www.regulations.gov. In the Search box,
enter FWS–R4–ES–2019–0018, which is
the docket number for this rulemaking.
Then, click on the Search button. On the
resulting page, in the Search panel on
the left side of the screen, under the
Document Type heading, click on the
Proposed Rule box to locate this
document. You may submit a comment
by clicking on ‘‘Comment Now!’’
(2) By hard copy: Submit by U.S. mail
to: Public Comments Processing, Attn:
FWS–R4–ES–2019–0018, U.S. Fish and
Wildlife Service, MS: JAO/3W, 5275
Leesburg Pike, Falls Church, VA 22041–
3803.
We request that you send comments
only by the methods described above.
We will post all comments on https://
www.regulations.gov. This generally
SUMMARY:
PO 00000
Frm 00006
Fmt 4702
Sfmt 4702
means that we will post any personal
information you provide us (see Public
Comments, below, for more
information).
FOR FURTHER INFORMATION CONTACT:
Aaron Valenta, Chief, Division of
Restoration and Recovery, U.S. Fish and
Wildlife Service, Southeast Regional
Office, 1875 Century Boulevard,
Atlanta, GA 30345; telephone 404–679–
4144. Persons who use a
telecommunications device for the deaf
(TDD) may call the Federal Relay
Service at 800–877–8339.
SUPPLEMENTARY INFORMATION:
Background
On October 8, 2020, we published a
proposed rule (85 FR 63474) to
reclassify the red-cockaded woodpecker
from endangered to threatened (i.e.,
‘‘downlist’’ the species) under the Act
(16 U.S.C. 1531 et seq.). The proposed
rule established a 60-day public
comment period, ending December 7,
2020. We received a request for a public
hearing. Therefore, we are announcing a
public informational meeting and a
public hearing to allow the public an
additional opportunity to provide
comments on the proposed rule.
For a description of previous Federal
actions concerning the red-cockaded
woodpecker and information on the
types of comments that would be
helpful to us in promulgating this
rulemaking action, please refer to the
October 8, 2020, proposed rule (85 FR
63474).
Public Hearing
We have scheduled a public
informational meeting and public
hearing on our October 8, 2020,
proposed rule to reclassify the redcockaded woodpecker (85 FR 63474).
We will hold the public informational
meeting and public hearing on the date
and at the times listed above under
Public informational meeting and public
hearing in DATES. We are holding the
public informational meeting and public
hearing via the Zoom online video
platform and via teleconference so that
participants can attend remotely. For
security purposes, registration is
required. To listen and view the meeting
and hearing via Zoom, listen to the
meeting and hearing by telephone, or
provide oral public comments at the
public hearing by Zoom or telephone,
you must register. For information on
how to register, or if you encounter
problems joining Zoom the day of the
meeting, visit https://www.fws.gov/
southeast/wildlife/birds/red-cockadedwoodpecker/#recovery-plan-section.
Registrants will receive the Zoom link
E:\FR\FM\16NOP1.SGM
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Agencies
[Federal Register Volume 85, Number 221 (Monday, November 16, 2020)]
[Proposed Rules]
[Pages 73007-73012]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-25049]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 721
[EPA-HQ-OPPT-2020-0513; FRL-10016-39]
RIN 2070-AB27
Significant New Use Rules on Certain Chemical Substances (21-1.B)
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 which are
the subject of premanufacture notices (PMNs). This action would require
persons to notify EPA at least 90 days before commencing manufacture
(defined by statute to include import) or processing of any of these
chemical substances for an activity that is designated as a significant
new use by this proposed rule. This action would further require that
persons not
[[Page 73008]]
commence manufacture or processing for the significant new use until
they have submitted a Significant New Use Notice (SNUN), and EPA has
conducted a review of the notice, made an appropriate determination on
the notice, and has taken any risk management actions as are required
as a result of that determination.
DATES: Comments must be received on or before December 16, 2020.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPPT-2020-0513, using the Federal eRulemaking Portal
at 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.
Due to the public health emergency, the EPA Docket Center (EPA/DC)
and Reading Room is closed to visitors with limited exceptions. The
staff continues to provide remote customer service via email, phone,
and webform. For the latest status information on EPA/DC services and
docket access, visit https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT: For technical information contact:
William Wysong, New Chemicals Division (7405M), Office of Pollution
Prevention and Toxics, Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC 20460-0001; telephone number:
(202) 564-4163; 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
provisions. This action may also affect certain entities through pre-
existing import certification and export notification rules under TSCA,
which would include the SNUR requirements should these proposed rules
be finalized. The EPA policy in support of import certification appears
at 40 CFR part 707, subpart B. In addition, pursuant to 40 CFR 721.20,
any persons who export or intend to export a chemical substance that is
the subject of this proposed rule on or after December 16, 2020 are
subject to the export notification provisions of TSCA section 12(b) (15
U.S.C. 2611(b)) 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 CBI 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/commenting-epa-dockets.
II. Background
A. What action is the Agency taking?
EPA is proposing these SNURs under TSCA section 5(a)(2) for
chemical substances which are the subjects of PMNs P-18-175 and P-19-
38. These proposed SNURs would require persons who intend to
manufacture or process any of these chemical substances for an activity
that is designated as a significant new use to notify EPA at least 90
days before commencing that activity.
The record for these proposed SNURs, identified as docket ID number
EPA-HQ-OPPT-2020-0513, includes information considered by the Agency in
developing these proposed SNURs.
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.
C. Do the SNUR general provisions apply?
General provisions for SNURs appear in 40 CFR part 721, subpart A.
These provisions describe persons subject to the rule, recordkeeping
requirements, exemptions to reporting requirements, and applicability
of the rule to uses occurring before the effective date of the rule.
Provisions relating to user fees appear at 40 CFR part 700. Pursuant 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) (15 U.S.C. 2604(a)(1)(A)). In
particular, these requirements include the information submission
requirements of TSCA sections 5(b) and 5(d)(1) (15 U.S.C. 2604(b) and
2604(d)(1)), the exemptions authorized by TSCA sections 5(h)(1),
5(h)(2), 5(h)(3), and 5(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. If EPA determines
that the chemical substance 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 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.
[[Page 73009]]
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, and
potential human exposures and environmental releases that may be
associated with the substances, in the context of the four bulleted
TSCA section 5(a)(2) factors listed in this unit. During its review of
these chemicals, EPA identified certain conditions of use that are not
intended by the submitters, but reasonably foreseen to occur. EPA is
proposing to designate those reasonably foreseen conditions of use as
well as certain other circumstances of use as significant new uses.
IV. Substances Subject to This Proposed Rule
EPA is proposing significant new use and recordkeeping requirements
be added to 40 CFR part 721, subpart E for the chemical substances
identified in this unit. For each chemical substance, EPA provides the
following information in this unit:
PMN number.
Chemical name (generic name, if the specific name is
claimed as CBI).
Chemical Abstracts Service (CAS) Registry number (if
assigned for non-confidential chemical identities).
Basis for the SNUR.
Potentially useful information.
CFR citation assigned in the regulatory text section of
these proposed rules. The regulatory text section of these proposed
rules specifies the activities designated as significant new uses.
Certain new uses, including production volume limits and other uses
designated in the proposed rules, may be claimed as CBI.
The chemical substances that are the subject of these proposed
SNURs are undergoing premanufacture review. In addition to those
conditions of use intended by the submitter, EPA has identified certain
other reasonably foreseen conditions of use. EPA has preliminarily
determined that the chemicals under their intended conditions of use
are not likely to present an unreasonable risk. However, EPA has not
assessed risks associated with the reasonably foreseen conditions of
use for these chemicals. EPA is proposing to designate these reasonably
foreseen conditions of use and other circumstances of use as
significant new uses. As a result, those significant new uses cannot
occur without first going through a separate, subsequent EPA review and
determination process associated with a SNUN.
The substances subject to these proposed rules are as follows:
PMN Number: P-18-175.
Chemical name: Formaldehyde, polymer with 4-(1,1-
dimethylethyl)phenol and phenol, Bu ether.
CAS number: 2215936-67-5.
Basis for action: The PMN states that the use of the substance will
be as a can coating for food and non-food contact. Based on the
physical/chemical properties of the PMN substance and Structure
Activity Relationships (SAR) analysis of test data on analogous
substances, EPA has identified concerns for aquatic toxicity, serious
eye damage, skin irritation, and specific target organ toxicity if the
chemical is not used following the limitations noted. This proposed
SNUR designates the following as ``significant new uses'' requiring
further review by EPA:
Release of the PMN substance resulting in surface water
concentrations that exceed 1 ppb.
Potentially useful information: EPA has determined that certain
information about the environmental and health effects of the PMN
substance may be potentially useful 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 aquatic toxicity, eye irritation/corrosion, skin irritation/
corrosion, and specific target organ toxicity testing would help
characterize the potential environmental and health effects of the PMN
substance.
CFR citation: 40 CFR 721.11566.
PMN Number: P-19-38.
Chemical name: Fatty acids, coco, iso-Bu esters.
CAS number: 91697-43-7.
Basis for action: The PMN states that the use of the substance will
be as an ink carrier for the ceramic industries. Based on the physical/
chemical properties of the PMN substance and SAR analysis of test data
on analogous substances, EPA has identified concerns for aquatic
toxicity if the chemical is not used following the limitations noted.
This proposed SNUR designates the following as ``significant new uses''
requiring further review by EPA:
Release of the PMN substance resulting in surface water
concentrations that exceed 1 ppb.
Potentially useful information: EPA has determined that certain
information about the environmental effects of the PMN substance may be
potentially useful 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 aquatic
toxicity testing would help characterize the potential environmental
effects of the PMN substance.
CFR citation: 40 CFR 721.11567.
V. Rationale and Objectives of the Proposed Rule
A. Rationale
During review of the PMNs submitted for the chemical substances
that are the subject of these proposed SNURs and as further discussed
in Unit IV., EPA identified certain other reasonably foreseen
conditions of use, in addition to those conditions of use intended by
the submitter. EPA has preliminarily determined that the chemical under
the intended conditions of use is not likely to present an unreasonable
risk. However, EPA has not assessed risks associated with the
reasonably foreseen conditions of use. EPA is proposing to designate
these conditions of use as well as certain other circumstances of use
as significant new uses. As a result, those significant new uses cannot
occur without going through a separate, subsequent EPA review and
determination process associated with a SNUN.
B. Objectives
EPA is proposing these SNURs because the Agency wants:
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 obligated to make a determination under TSCA section
5(a)(3) regarding the use described in the SNUN, under the conditions
of use. The Agency will either determine under TSCA section 5(a)(3)(C)
that the chemical, under the conditions of use, is not likely to
present an unreasonable risk, including an unreasonable risk to a
potentially exposed or susceptible subpopulation identified as relevant
by the Administrator under the conditions of use, or make a
determination under TSCA section 5(a)(3)(A) or (B) and take the
required regulatory action associated with the determination, before
manufacture or processing for the significant new use of the chemical
substance can occur.
To be able to complete its review and determination on
each of the PMN substances, while deferring analysis on
[[Page 73010]]
the significant new uses proposed in these rules unless and until the
Agency receives a SNUN.
Issuance of a proposed SNUR for a chemical substance does not
signify that the chemical substance is listed on the 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/tsca-inventory.
VI. Applicability of the Proposed Rules to Uses Occurring Before the
Effective Date of the Final Rule
To establish a significant new use, EPA must determine that the use
is not ongoing. The chemical substances subject to this proposed rule
were undergoing premanufacture review at the time of signature of this
proposed rule and were not on the TSCA Inventory. 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
the chemical substances subject to these proposed SNURs, EPA concludes
that the proposed significant new uses are not ongoing.
EPA designates November 5, 2020 (date of web posting of this
proposed rule) 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.
Persons who begin commercial manufacture or processing of the
chemical substances for a significant new use identified on or after
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
EPA would have to take action under section 5 allowing manufacture or
processing to proceed. In developing this proposed rule, EPA has
recognized that, given EPA's general practice of posting proposed rules
on its website a week or more in advance of Federal Register
publication, this objective could be thwarted even before Federal
Register publication of the proposed rule.
VII. Development and Submission of Information
EPA recognizes that TSCA section 5 does not require development of
any particular new information (e.g., generating test data) before
submission of a SNUN. There is an exception: If a person is required to
submit information for a chemical substance pursuant to a rule, order
or consent agreement under TSCA section 4 (15 U.S.C. 2603), then TSCA
section 5(b)(1)(A) (15 U.S.C. 2604(b)(1)(A)) requires such information
to be submitted to EPA at the time of submission of the SNUN.
In the absence of a rule, order, or consent agreement under TSCA
section 4 covering the chemical substance, persons are required only to
submit information in their possession or control and to describe any
other information known to or reasonably ascertainable by them (see 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 are provided
for informational purposes. The potentially useful information
identified in Unit IV. will be useful to EPA's evaluation in the event
that someone submits a SNUN for the significant new use. Companies who
are considering submitting a SNUN are encouraged, but not required, to
develop the information on the substance, which may assist with EPA's
analysis of the SNUN.
EPA strongly encourages persons, before performing any testing, to
consult with the Agency pertaining to protocol selection. Furthermore,
pursuant to TSCA section 4(h), which pertains to reduction of testing
in vertebrate animals, EPA encourages consultation with the Agency on
the use of alternative test methods and strategies (also called New
Approach Methodologies, or NAMs), if available, to generate the
recommended test data. EPA encourages dialog with Agency
representatives to help determine how best the submitter can meet both
the data needs and the objective of TSCA section 4(h).
The potentially useful information described in Unit IV. may not be
the only means of providing information to evaluate the chemical
substance associated with the significant new uses. However, submitting
a SNUN without any test data may increase the likelihood that EPA will
take action under TSCA sections 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.
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 and 721.25. E-PMN software is available
electronically at https://www.epa.gov/reviewing-new-chemicals-under-toxic-substances-control-act-tsca.
IX. Economic Analysis
EPA has evaluated the potential costs of establishing SNUN
requirements for potential manufacturers and processors of the chemical
substances subject to this proposed rule. EPA's complete economic
analysis is available in the docket for this rulemaking.
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 action proposes to establish SNURs for 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
Orders 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
[[Page 73011]]
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., I
hereby certify 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 will not have federalism implications because it is not
expected to 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 action will not have Tribal implications because it is not
expected to have substantial direct effects on Indian Tribes,
significantly or uniquely affect the communities of Indian Tribal
governments, and does not involve or impose any requirements that
affect Indian Tribes, as specified in Executive Order 13175 (65 FR
67249, November 9, 2000).
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.
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 in 40 CFR Part 721 Environmental Protection,
Chemicals, Hazardous Substances, Reporting and Recordkeeping
Requirements.
Dated: October 30, 2020.
Tala Henry,
Deputy Director, Office of Pollution Prevention and Toxics.
Therefore, for the reasons stated in the preamble, EPA proposes to
amend 40 CFR part 721 as follows:
PART 721--SIGNIFICANT NEW USES OF CHEMICAL SUBSTANCES
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. 721.11566 and 721.11567 to subpart E to read as
follows:
Subpart E--Significant New Uses for Specific Chemical Substances
* * * * *
Sec. 721.11566 Formaldehyde, polymer with 4-(1,1-dimethylethyl)phenol
and phenol, Bu ether.
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified as formaldehyde,
polymer with 4-(1,1-dimethylethyl)phenol and phenol, Bu ether (PMN P-
18-175, CAS No. 2215936-67-5) is subject to reporting under this
section for the significant new uses described in paragraph (a)(2) of
this section.
[[Page 73012]]
(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 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 (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. 721.11567 Fatty acids, coco, iso-Bu esters.
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified as fatty acids, coco,
iso-Bu esters (PMN P-19-38, CAS No. 91697-43-7) is subject to reporting
under this section for the significant new uses described in paragraph
(a)(2) of this section.
(2) The significant new uses are:
(i) 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 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 (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. 2020-25049 Filed 11-13-20; 8:45 am]
BILLING CODE 6560-50-P