Significant New Use Rules on Certain Chemical Substances (22-1.5e), 74072-74096 [2022-26252]
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(d)(2)(iv) (identification of a
management program) by referring to
the other MS4’s storm water
management program.
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 170
[EPA–HQ–OPP–2022–0133; FRL–8528–02–
OCSPP]
PART 123—STATE PROGRAM
REQUIREMENTS
RIN 2070–AK92
5. The authority citation for part 123
continues to read as follows:
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Authority: Clean Water Act, 33 U.S.C. 1251
et seq.
6. Amend § 123.35 by revising
paragraphs (b)(1)(ii), (b)(2), and (d)(1)
introductory text to read as follows:
■
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(b) * * *
(1) * * *
(ii) Guidance: For determining other
significant water quality impacts, EPA
recommends a balanced consideration
of the following designation criteria on
a watershed or other local basis:
discharge to sensitive waters, high
growth or growth potential, high
population density, contiguity to an
urban area with a population of 50,000
people or more as determined by the
latest Decennial Census by the Bureau
of the Census, significant contributor of
pollutants to waters of the United
States, and ineffective protection of
water quality by other programs;
(2) Apply such criteria, at a minimum,
to any small MS4 located outside of an
urban area with a population of 50,000
people or more as determined by the
latest Decennial Census by the Bureau
of the Census serving a jurisdiction with
a population density of at least 1,000
people per square mile and a population
of at least 10,000;
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(d) * * *
(1) You may waive permit coverage
for each small MS4s in jurisdictions
with a population under 1,000 within
the urban area with a population of
50,000 people or more as determined by
the latest Decennial Census by the
Bureau of the Census where all the
following criteria have been met:
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[FR Doc. 2022–26227 Filed 12–1–22; 8:45 am]
BILLING CODE 6560–50–P
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Environmental Protection
Agency (EPA).
ACTION: Draft proposed rule; notification
of submission to the Secretary of
Agriculture.
AGENCY:
§ 123.35 As the NPDES Permitting
Authority for regulated small MS4s, what is
my role?
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Notification of Submission to the
Secretary of Agriculture; Pesticides;
Agricultural Worker Protection
Standard; Reconsideration of the
Application Exclusion Zone
Amendments
This document notifies the
public as required by the Federal
Insecticide, Fungicide, and Rodenticide
Act (FIFRA) that the EPA Administrator
has forwarded to the Secretary of the
United States Department of Agriculture
(USDA) a draft proposed rulemaking
document concerning ‘‘Pesticides;
Agricultural Worker Protection
Standard; Reconsideration of the
Application Exclusion Zone
Amendments (RIN 2070–AK92).’’ The
draft regulatory document is not
available to the public until after it has
been signed and made available by EPA.
DATES: See Unit I. under SUPPLEMENTARY
INFORMATION.
ADDRESSES: The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2022–0133, is
available at https://
www.regulations.gov. The docket
contains historical information and this
Federal Register document; it does not
contain the draft proposed rule.
FOR FURTHER INFORMATION CONTACT:
Aidan Black, Pesticide Re-Evaluation
Division (7508M), Office of Pesticide
Programs, Environmental Protection
Agency, 1200 Pennsylvania Ave. NW,
Washington, DC 20460; telephone
number: (202) 566–2381; email address:
black.aidan@epa.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. What action is EPA taking?
FIFRA section 25(a)(2)(A) requires the
EPA Administrator to provide the
Secretary of USDA with a copy of any
draft proposed rule at least 60 days
before signing it in proposed form for
publication in the Federal Register. The
draft proposed rule is not available to
the public until after it has been signed
by EPA. If the Secretary of USDA
comments in writing regarding the draft
proposed rule within 30 days after
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receiving it, then the EPA Administrator
shall include the comments of the
Secretary of USDA and the EPA
Administrator’s response to those
comments with the proposed rule that
publishes in the Federal Register. If the
Secretary of USDA does not comment in
writing within 30 days after receiving
the draft proposed rule, then the EPA
Administrator may sign the proposed
rule for publication in the Federal
Register any time after the 30-day
period.
II. Do any statutory and Executive
Order reviews apply to this
notification?
No. This document is merely a
notification of submission to the
Secretary of USDA. As such, none of the
regulatory assessment requirements
apply to this document.
List of Subjects in 40 CFR Part 170
Environmental protection,
Agricultural worker, Employer, Farms,
Forests, Greenhouses, Nurseries,
Pesticide handler, Pesticides, Worker
protection standard.
Dated: November 28, 2022.
Michal Freedhoff,
Assistant Administrator, Office of Chemical
Safety and Pollution Prevention.
[FR Doc. 2022–26296 Filed 12–1–22; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 721
[EPA–HQ–OPPT–2021–0847; FRL–9972–01–
OCSPP]
RIN 2070–AB27
Significant New Use Rules on Certain
Chemical Substances (22–1.5e)
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 also subject to Orders
issued by EPA pursuant to TSCA. The
SNURs would 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,
SUMMARY:
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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 in
association with that determination.
DATES: Comments must be received on
or before January 3, 2023.
ADDRESSES: Submit your comments,
identified by docket identification (ID)
number EPA–HQ–OPPT–2021–0847,
through 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. Additional
instructions on commenting and visiting
the docket, along with more information
about dockets generally, is available at
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:
I. General Information
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A. Does this action apply to me?
You may be potentially affected by
this action if you manufacture, process,
or use any of 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
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U.S.C. 2612) import provisions
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, 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
January 3, 2023 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 CBI
to EPA through https://
www.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) (15 U.S.C.
2604(a)(2)) for certain 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 any of
these chemical substances for an
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.
The docket for these proposed
SNURs, identified as docket ID number
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EPA–HQ–OPPT–2021–0847, 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. Applicability of General Provisions
General provisions for SNURs appear
in 40 CFR part 721, subpart A. These
provisions describe persons subject to
the rule, recordkeeping requirements,
exemptions to reporting requirements,
and applicability of the rule to uses
occurring before the effective date of the
rule. Provisions relating to user fees
appear at 40 CFR part 700. Pursuant to
40 CFR 721.1(c), persons subject to
these SNURs must comply with the
same significant new use notice (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
sections 5(b) and 5(d)(1), the
exemptions authorized by TSCA
sections 5(h)(1), (h)(2), (h)(3), and (h)(5),
and the regulations at 40 CFR part 720.
Once EPA receives a SNUN and before
the manufacture or processing for the
significant new use can commence, 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. 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.
For each proposed SNUR containing
significant new uses not based on the
Order requirements as described in Unit
III., EPA is proposing that the general
reporting exemption described in 40
CFR 721.45(i) not apply. 40 CFR
721.45(i) provides that the notification
requirements of 40 CFR 721.25 do not
apply, unless otherwise specified in a
specific SNUR, if: ‘‘The person is
operating under the terms of a consent
order issued under section 5(e) of the
Act applicable to that person. If a
provision of such section 5(e) order is
inconsistent with a specific significant
new use identified in subpart E of this
part, abiding by the provision of the
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section 5(e) order exempts the person
from submitting a significant new use
notice for that specific significant new
use.’’ EPA is proposing to make that
exemption inapplicable to each SNUR
in this proposed rule with significant
new uses not based on Order
requirements to ensure that persons
subject to the Order would also be
subject to the significant new use
notification requirements in this
proposed rule that are not based on
Order requirements.
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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.
• 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
possible uses of these chemical
substances, in the context of the four
TSCA section 5(a)(2) factors listed in
this unit.
The proposed rules include PMN
substances that are subject to Orders
issued under TSCA sections 5(e)(1)(A)(i)
and 5(e)(1)(A)(ii)(I), and in some cases
also under TSCA section
5(e)(1)(A)(ii)(II). The TSCA Orders
require protective measures to limit
exposures or otherwise mitigate the
potential unreasonable risk. The
proposed SNURs identify significant
new uses as any manufacturing,
processing, use, 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). The proposed
rules also include other significant new
uses EPA proposes to determine are not
ongoing based on information showing
that the chemical is either not on the
TSCA Inventory or had limited
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Chemical Data Reporting (CDR) under
TSCA section 8(a).
IV. 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, 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 V.
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 the TSCA 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.
EPA did not previously issue SNURs
following these Orders. EPA is now
proposing these SNURs to require notice
to EPA by any other person who wishes
to manufacture or process the chemical
substance in a way that does not
conform to the protective measures
contained in the Order.
The proposed SNURs also include
significant new uses EPA proposes to
determine are not ongoing based either
on information showing that the
chemical is not on the TSCA Inventory
or based on EPA’s review of CDR
reporting submissions under TSCA
section 8(a). EPA believes that these
uses could significantly increase the
magnitude and duration of exposure to
humans and the environment to these
chemical substances. Accordingly, EPA
wants the opportunity to evaluate and
manage risks, where appropriate, from
activities associated with those uses,
before manufacturing or processing for
those uses were to begin.
If a notice of commencement had not
been received for the chemical and it is
not on the TSCA Inventory, the
proposed SNUR includes a significant
new use for uses other than as described
in the PMN, and annual production
volume greater than 2500 pounds. If the
chemical is on the TSCA Inventory, EPA
conducted a search of CDR reporting for
the chemical in the 2020 reporting
cycle. If there was no CDR reporting for
the chemical in the 2020 reporting
cycle, the proposed SNUR includes
significant new uses for use other than
as described in the PMN and annual
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production volume greater than the
threshold for CDR reporting for
chemicals subject to a TSCA section 5(e)
order which is 2500 pounds. If there is
CDR reporting for the chemical from the
2020 reporting cycle, the proposed
SNUR includes significant new uses for
use other than reported in CDR.
This proposed rule advances one of
the ‘‘key actions’’ in the PFAS Strategic
Roadmap where EPA stated it plans to
revisit past PFAS regulatory decisions
and address those that are insufficiently
protective by imposing additional
notification requirements. In this way,
the Agency can ensure it has the
opportunity to review PFAS before they
are used in new ways that might present
concerns. To view the PFAS Strategic
Roadmap and learn more about EPA
actions to address PFAS, please visit
https://www.epa.gov/pfas/epa-actionsaddress-pfas and https://www.epa.gov/
system/files/documents/2021-10/pfasroadmap_final-508.pdf.
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,
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 identify as significant new uses,
other specific uses and production
volumes that are not ongoing uses and
that could result in changes to the type,
form, magnitude, or duration of
exposure of human beings or the
environment to these chemical
substances.
• 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.
V. 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 that is
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identified in this unit as subject to this
proposed rule:
• PMN number (the proposed CFR
citation assigned in the regulatory text
section of the proposed rule).
• Chemical name (generic name, if
the specific name is claimed as CBI).
• Chemical Abstracts Service (CAS)
Registry number (if assigned for nonconfidential chemical identities) or
Accession number (if assigned for
confidential chemical identities).
• Effective date of and basis for the
TSCA section 5(e) Order.
• Potentially Useful Information.
The chemicals subject to these
proposed SNURs are as follows:
PMN Number: P–00–1085 (40 CFR
721.11716).
Chemical Name: Fluoroacrylate
copolymer (generic).
CAS or Accession Number: Accession
No. 249720.
Effective Date of TSCA Order:
February 6, 2001.
Basis for TSCA Order: The PMN
stated that the generic (nonconfidential) use will be as a surfactant.
Based on potential degradation
products, byproducts, unreacted
material, and low molecular weight
species, EPA had concerns that these
degradation products will persist in the
environment, could bioaccumulate or
biomagnify, and could be toxic (PBT) to
people, wild mammals, and birds. Based
on comparison to analogous chemical
substances, EPA predicted toxicity to
aquatic organisms may occur at acute
concentrations that exceed 100 ppb. The
Order was issued under TSCA sections
5(e)(1)(A)(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. The
Order was also issued under TSCA
section 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 Order required:
• No manufacture of the PMN
substance beyond 29 months without
submittal to EPA of the results of certain
testing described in the Testing section
of the Order; and
• Establishment of certain hazard
communication requirements.
The proposed SNUR would designate
as a ‘‘significant new use’’ the absence
of the hazard communication
requirements. Additionally, the
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proposed SNUR would designate the
following as significant new uses:
• Use other than as a surfactant in
paint and coatings manufacturing.
Potentially Useful Information: EPA
has determined that certain information
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 physical/
chemical, acute and chronic human
health toxicity, acute and chronic
ecotoxicity, and environmental fate
testing may be potentially useful to
characterize the health 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 other
relevant information. Manufacturers or
processors considering submitting a
SNUN and/or developing this
information should also know that the
PMN submitter agreed not to exceed the
time limit specified in the Order
without performing the required testing
outlined in the Testing section of the
Order.
PMN Number: P–01–584 (40 CFR
721.11717).
Chemical Name:
Perfluoroalkylsulfonamidoalkyl
acrylate, polymer with acrylic acid
derivatives (generic).
CAS or Accession Number: Accession
No. 254456.
Effective Date of TSCA Order: October
3, 2001.
Basis for TSCA Order: The PMN
stated that the generic (nonconfidential) use will be as a surfactant.
Based on potential degradation
products, byproducts, unreacted
material, and low molecular weight
species, EPA had concerns that these
degradation products will persist in the
environment, could bioaccumulate or
biomagnify, and could be toxic (PBT) to
people, wild mammals, and birds. Based
on comparison to analogous chemical
substances, EPA predicted toxicity to
aquatic organisms may occur at acute
concentrations that exceed 100 ppb. The
Order was issued under TSCA sections
5(e)(1)(A)(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. The
Order was also issued under TSCA
section 5(e)(1)(A)(ii)(II), based on a
finding that the substance is or will be
produced in substantial quantities and
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that the substance either enters or may
reasonably be anticipated to enter the
environment in substantial quantities,
or there is or may be significant (or
substantial) human exposure to the
substance. To protect against these risks,
the Order required:
• No manufacture of the PMN
substance beyond 29 months without
submittal to EPA of the results of certain
testing described in the Testing section
of the Order; and
• Establishment of certain hazard
communication requirements.
The proposed SNUR would designate
as a ‘‘significant new use’’ the absence
of the hazard communication
requirement. Additionally, the proposed
SNUR would designate the following as
significant new uses:
• Use other than as a surfactant in
adhesive and synthetic rubber
manufacturing.
Potentially Useful Information: EPA
has determined that certain information
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 physical/
chemical, acute and chronic human
health toxicity, acute and chronic
ecotoxicity, and environmental fate
testing performed on a confidential
analog of the PMN substance may be
potentially useful to characterize the
health 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 other
relevant information. Manufacturers or
processors considering submitting a
SNUN and/or developing this
information should also know that the
PMN submitter agreed not to exceed the
time limit specified in the Order
without performing the required testing
outlined in the Testing section of the
Order.
PMN Number: P–02–16 (40 CFR
721.11718).
Chemical Name: Urethane polymer
modified with
perfluoroalkylsulfonamide (generic).
CAS or Accession Number: Accession
No. 252290.
Effective Date of TSCA Order: January
30, 2002.
Basis for TSCA Order: The PMN
stated that the generic (nonconfidential) use will be as a protective
coating. Based on potential degradation
products, byproducts, unreacted
material, and low molecular weight
species, EPA had concerns that these
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degradation products will persist in the
environment, could bioaccumulate or
biomagnify, and could be toxic (PBT) to
people, wild mammals, and birds. The
Order was issued under TSCA sections
5(e)(1)(A)(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. The
Order was also issued under TSCA
section 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 Order required the establishment of
certain hazard communication
requirements.
The proposed SNUR would designate
as a ‘‘significant new use’’ the absence
of this protective measure. Additionally,
the proposed SNUR would designate the
following as significant new uses:
• Use other than as a finishing agent
in textiles, apparel, and leather
manufacturing.
Potentially Useful Information: EPA
has determined that certain information
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 physical/
chemical, acute and chronic human
health toxicity, acute and chronic
ecotoxicity, and environmental fate
testing performed on confidential analog
of the PMN substance may be
potentially useful to characterize the
health 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 other
relevant information.
PMN Number: P–02–195 (40 CFR
721.11719).
Chemical Name: Urethane polymer
modified with
perfluoroalkylsulfonamide and
polyethoxylate (generic).
CAS or Accession Number: Accession
No. 271739.
Effective Date of TSCA Order: May 2,
2002.
Basis for TSCA Order: The PMN
stated that the generic (nonconfidential) use will be as a protective
treatment. Based on potential
degradation products, byproducts,
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unreacted material, and low molecular
weight species, EPA had concerns that
these degradation products will persist
in the environment, could
bioaccumulate or biomagnify, and could
be toxic (PBT) to people, wild
mammals, and birds. The Order was
issued under TSCA sections 5(e)(1)(A)(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. The Order
was also issued under TSCA section
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 Order required:
• Submit to EPA the results of certain
testing described in the Testing section
of the Order at least 14 weeks before
manufacturing or importing the
confidential volume listed in the Order;
and
• Establishment of certain hazard
communication requirements.
The proposed SNUR would designate
as a ‘‘significant new use’’ the absence
of the hazard communication protective
measure. Additionally, the proposed
SNUR would designate the following as
significant new uses:
• Use other than as a finishing agent
in textiles, apparel, and leather
manufacturing.
Potentially Useful Information: EPA
has determined that certain information
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 physical/
chemical, acute and chronic human
health toxicity, acute and chronic
ecotoxicity, and environmental fate
testing performed on the confidential
analog of the PMN substance may be
potentially useful to characterize the
health 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 other
relevant information. Manufacturers or
processors considering submitting a
SNUN and/or developing this
information should also know that the
PMN submitter agreed not to exceed the
time limit specified in the Order
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without performing the required testing
outlined in the Testing section of the
Order.
PMN Number: P–02–609 (40 CFR
721.11720).
Chemical Name: Urethane polymer
modified with
perfluoroalkylsulfonamide (generic).
CAS or Accession Number: Accession
No. 279755.
Effective Date of TSCA Order: July 22,
2002.
Basis for TSCA Order: The PMN
stated that the generic (nonconfidential) use will be as a protective
coating. Based on potential degradation
products, byproducts, unreacted
material, and low molecular weight
species, EPA had concerns that these
degradation products will persist in the
environment, could bioaccumulate or
biomagnify, and could be toxic (PBT) to
people, wild mammals, and birds. The
Order was issued under TSCA sections
5(e)(1)(A)(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. The
Order was also issued under TSCA
section 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 Order required the establishment of
certain hazard communication
requirements.
The proposed SNUR would designate
as a ‘‘significant new use’’ the absence
of this protective measure. Additionally,
the proposed SNUR would designate the
following as significant new uses:
• Use other than as an anti-stain
agent.
Potentially Useful Information: EPA
has determined that certain information
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 physical/
chemical, acute and chronic human
health toxicity, acute and chronic
ecotoxicity, and environmental fate
testing performed on confidential analog
of the PMN substance may be
potentially useful to characterize the
health and environmental effects of the
PMN substance. Although the Order
does not require these tests, the Order’s
restrictions remain in effect until the
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Order is modified or revoked by EPA
based on submission of this or other
relevant information.
PMN Number: P–02–700 (40 CFR
721.11721).
Chemical Name: Copolymer of
perfluoroalkylsulfonamidoalkyl acrylate
and alkyl acrylate modified fatty acid
dimers (generic).
CAS or Accession Number: Accession
No. 259360.
Effective Date of TSCA Order: August
28, 2002.
Basis for TSCA Order: The PMN
stated that the generic (nonconfidential) use will be as a protective
coating. Based on potential degradation
products, byproducts, unreacted
material, and low molecular weight
species, EPA had concerns that these
degradation products will persist in the
environment, could bioaccumulate or
biomagnify, and could be toxic (PBT) to
people, wild mammals, and birds. The
Order was issued under TSCA sections
5(e)(1)(A)(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. The
Order was also issued under TSCA
section 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 Order required the establishment of
certain hazard communication
requirements.
The proposed SNUR would designate
as a ‘‘significant new use’’ the absence
of this protective measure. Additionally,
the proposed SNUR would designate the
following as significant new uses:
• Use other than as a finishing agent
in textiles, apparel, and leather
manufacturing.
Potentially Useful Information: EPA
has determined that certain information
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 physical/
chemical, acute and chronic human
health toxicity, acute and chronic
ecotoxicity, and environmental fate
testing performed on confidential analog
of the PMN substance may be
potentially useful to characterize the
health and environmental effects of the
PMN substance. Although the Order
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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 other
relevant information.
PMN Number: P–02–891 (40 CFR
721.11722).
Chemical Name: Phosphonium,
triphenyl(phenylmethyl)-, salt with
1,1,2,2,3,3,4,4,4-nonafluoro-N-methyl-1butanesulfonamide (1:1).
CAS or Accession Number: CAS No.
332350–93–3.
Effective Date of TSCA Order: July 15,
2003.
Basis for TSCA Order: The PMN
stated that the generic (nonconfidential) use will be as a cure
catalyst. Based on potential degradation
products, byproducts, unreacted
material, and low molecular weight
species, EPA had concerns that these
degradation products will persist in the
environment, could bioaccumulate or
biomagnify, and could be toxic (PBT) to
people, wild mammals, and birds. Based
on 8(e) test data on analogous chemical
substances, EPA had identified concerns
for possible acute lethality. Based on
comparison to analogous chemical
substances, EPA predicted toxicity to
aquatic organisms may occur at
concentrations that exceed 2 ppb. The
Order was issued under TSCA sections
5(e)(1)(A)(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 Order
requires:
• No release of the PMN substance
resulting in surface water
concentrations that exceed 1 ppb;
• Use of the PMN substance only for
the confidential use as stated in the
PMN; and
• Establishment of certain hazard
communication requirements.
Potentially Useful Information: EPA
has determined that certain information
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 chronic
human health toxicity, chronic
ecotoxicity, and environmental fate
testing performed on the confidential
analog of the PMN substance may be
potentially useful to characterize the
health 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
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74077
based on submission of this or other
relevant information.
PMN Number: P–02–920 (40 CFR
721.11223).
Chemical Name: Alkane carboxylic
acids esters with long chain fatty
alcohol and fluorinated
alkylsulfonamidoalkyl alcohol (generic).
CAS or Accession Number: Accession
No. 257922.
Effective Date of TSCA Order: March
25, 2003.
Basis for TSCA Order: The PMN
stated that the use will be as an
additive. Based on potential degradation
products, byproducts, unreacted
material, and low molecular weight
species, EPA had concerns that these
degradation products will persist in the
environment, could bioaccumulate or
biomagnify, and could be toxic (PBT) to
people, wild mammals, and birds. The
Order was issued under TSCA sections
5(e)(1)(A)(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. The
Order was also issued under TSCA
section 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 Order required the establishment of
certain hazard communication
requirements.
The proposed SNUR would designate
as a ‘‘significant new use’’ the absence
of this protective measure. Additionally,
the proposed SNUR would designate the
following as significant new uses:
• Use other than as an additive; and
• Manufacture beyond an annual
production volume of 2500 lbs.
Potentially Useful Information: EPA
has determined that certain information
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 physical/
chemical, acute and chronic human
health toxicity, acute and chronic
ecotoxicity, and environmental fate
testing performed on confidential analog
of the PMN substance may be
potentially useful to characterize the
health and environmental effects of the
PMN substance. Although the Order
does not require these tests, the Order’s
restrictions remain in effect until the
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Order is modified or revoked by EPA
based on submission of this or other
relevant information.
PMN Number: P–03–32 (40 CFR
721.11724).
Chemical Name: Blocked
fluorochemical urethane (generic).
CAS or Accession Number: Accession
No. 234152.
Effective Date of TSCA Order: June
26, 2003.
Basis for TSCA Order: The PMN
stated that the generic (nonconfidential) use will be as a protective
treatment. Based on potential
degradation products, byproducts,
unreacted material, and low molecular
weight species, EPA had concerns that
these degradation products will persist
in the environment, could
bioaccumulate or biomagnify, and could
be toxic (PBT) to people, wild
mammals, and birds. Based on test data
on structurally similar chemicals, EPA
had identified concerns for lung toxicity
and irritation to the eyes and mucous
membranes. The Order was issued
under TSCA sections 5(e)(1)(A)(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. The Order was also issued
under TSCA section 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 Order required the establishment of
certain hazard communication
requirements.
The proposed SNUR would designate
as a ‘‘significant new use’’ the absence
of this protective measure. Additionally,
the proposed SNUR would designate the
following as significant new uses:
• Use other than as a protective
treatment; and
• Manufacture beyond an annual
production volume of 2500 lbs.
Potentially Useful Information: EPA
has determined that certain information
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 human
health toxicity, ecotoxicity, and
environmental fate testing performed on
confidential analog of the PMN
substance may be potentially useful to
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characterize the health 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 other
relevant information.
PMN Number: P–03–33 (40 CFR
721.11725).
Chemical Name: Polyperfluoro
alkylene glycol, perfluoroalkoxy- and
hydroxy alkyl amido perfluoroalkyl
terminated (generic).
CAS or Accession Number: Accession
No. 242467.
Effective Date of TSCA Order: June
26, 2003.
Basis for TSCA Order: The PMN
stated that the generic (nonconfidential) use will be as a chemical
intermediate. Based on potential
degradation products, byproducts,
unreacted material, and low molecular
weight species, EPA had concerns that
these degradation products will persist
in the environment, could
bioaccumulate or biomagnify, and could
be toxic (PBT) to people, wild
mammals, and birds. Based on test data
on structurally similar chemicals, EPA
had identified concerns for liver
toxicity, acute toxicity, developmental
and reproductive toxicity, and cancer.
Based on waterproofing of the lungs if
respirable aerosols are inhaled, EPA had
also identified concerns for chronic lung
effects. The Order was issued under
TSCA sections 5(e)(1)(A)(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 Order required:
• No manufacture of the PMN
substance with an average molecular
weight (MW) less than 1000 daltons,
more than 5 percent oligomeric material
less than 500 daltons or more than 10
percent oligomeric material less than
1000 daltons;
• Analyzing the molecular weight of
the PMN substance produced at each
facility; and
• Establishment of certain hazard
communication requirements.
The proposed SNUR would designate
as a ‘‘significant new use’’ the absence
of these protective measures.
Additionally, the proposed SNUR
would designate the following as
significant new uses:
• Use other than as a chemical
intermediate; and
• Manufacture beyond an annual
production volume of 2500 lbs.
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Potentially Useful Information: EPA
has determined that certain information
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 chronic
human health toxicity testing may be
potentially useful to characterize the
health 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 other relevant
information.
PMN Number: P–03–67 (40 CFR
721.11726).
Chemical Name: Fluoroalkene
substituted alkene polymer (generic).
CAS or Accession Number: Not
available.
Effective Date of TSCA Order: July 24,
2003.
Basis for TSCA Order: The PMN
stated that the generic (nonconfidential) use will be as a paint
additive. Based on potential degradation
products, byproducts, unreacted
material, and low molecular weight
species, EPA had concerns that these
degradation products will persist in the
environment, could bioaccumulate or
biomagnify, and could be toxic (PBT) to
people, wild mammals, and birds. Based
on data on analogous perfluorinated
compounds and the high molecular
weight of the PMN substance, EPA had
also identified concerns for lung effects
through lung overload. 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 Order
required:
• Manufacture of the PMN substance
as an alternating copolymer made up of
the confidential monomers specified in
the Order to prevent creation of longchain perfluorinated acids including
PFOA;
• Analysis of representative samples
of the PMN substance or measurement
of initial concentrations of reactants as
specified in the Order to ensure
compliance with the chemical
composition requirements; and
• Establishment of certain hazard
communication requirements.
The proposed SNUR would designate
as a ‘‘significant new use’’ the absence
of these protective measures.
Additionally, the proposed SNUR
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would designate the following as
significant new uses:
• Use other than as a paint additive;
and
• Manufacture beyond an annual
production volume of 2500 lbs.
Potentially Useful Information: EPA
has determined that certain information
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 physical/
chemical, chronic human health
toxicity, and environmental fate testing
may be potentially useful to characterize
the health 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 other
relevant information.
PMN Number: P–03–77 (40 CFR
721.11727).
Chemical Name: Phosphonium,
tributyl (2-methoxypropyl)-, salt with
1,1,2,2,3,3,4,4,4-nonafluoro-N-methyl-1butanesulfonamide (1:1).
CAS or Accession Number: CAS No.
332350–93–3.
Effective Date of TSCA Order: July 15,
2003.
Basis for TSCA Order: The PMN
stated that use will be as a cure catalyst.
Based on potential degradation
products, byproducts, unreacted
material, and low molecular weight
species, EPA had concerns that these
degradation products will persist in the
environment, could bioaccumulate or
biomagnify, and could be toxic (PBT) to
people, wild mammals, and birds. Based
on comparison to analogous chemical
substances, EPA had identified concerns
for liver toxicity, developmental and
reproductive effects, and irritation to
mucous membranes, lungs, and eye.
Based on comparison to analogous
cationic surfactants, EPA predicted
concern for toxicity to aquatic
organisms. The Order was issued under
TSCA sections 5(e)(1)(A)(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. The Order was also issued
under TSCA section 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
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exposure to the substance. To protect
against these risks, the Order required
the establishment of certain hazard
communication requirements.
The proposed SNUR would designate
as a ‘‘significant new use’’ the absence
of this protective measure. Additionally,
the proposed SNUR would designate the
following as significant new uses:
• Use other than as a cure catalyst or
chemical intermediate.
Potentially Useful Information: EPA
has determined that certain information
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 human
health toxicity, ecotoxicity, and
environmental fate testing performed on
confidential analog of the PMN
substance may be potentially useful to
characterize the health 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 other
relevant information.
PMN Numbers: P–04–174 (40 CFR
721.11728) and P–04–176 (40 CFR
721.11729).
Chemical Names: Fluoroacrylate
modified urethane (generic) (P–04–174)
and Fluorinated oligomer alcohol
(generic) (P–04–176).
CAS or Accession Numbers:
Accession Nos. 238427 (P–04–0174) and
236181 (P–04–0176).
Effective Date of TSCA Order: October
26, 2005.
Basis for TSCA Order: The PMNs
stated that the generic (nonconfidential) use of P–04–174 will be as
a protective coating and the use of P–
04–176 will be as a chemical
intermediate. Based on potential
degradation products, byproducts,
unreacted material, and low molecular
weight species, EPA had concerns that
these degradation products will persist
in the environment, could
bioaccumulate or biomagnify, and could
be toxic (PBT) to people, wild
mammals, and birds. The Order was
issued under TSCA sections 5(e)(1)(A)(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. The Order
was also issued under TSCA section
5(e)(1)(A)(ii)(II), based on a finding that
the substances are or will be produced
in substantial quantities and that the
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substances either enter 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
substances. To protect against these
risks, the Order required:
• Submit to EPA the results of certain
testing on P–04–174 described in the
Testing section of the Order at least 14
weeks before manufacturing or
importing the total confidential volume
of both P–04–174 and P–04–176
combined listed in the Order; and
• Establishment of certain hazard
communication requirements.
The proposed SNUR would designate
as a ‘‘significant new use’’ the absence
of the hazard communication protective
measure. Additionally, the proposed
SNUR would designate the following as
significant new uses:
• Use other than as a protective
coating (P–04–174) or a chemical
intermediate (P–04–176).
• Manufacture beyond an annual
production volume of 2500 lbs (P–04–
174).
Potentially Useful Information: EPA
has determined that certain information
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 chronic
human health toxicity and chronic
ecotoxicity testing performed on the
PMN substances may be potentially
useful to characterize the health and
environmental effects of the PMN
substances. 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 other
relevant information. Manufacturers or
processors considering submitting a
SNUN and/or developing this
information should also know that the
PMN submitter agreed not to exceed the
time limit specified in the Order
without performing the required testing
outlined in the Testing section of the
Order.
PMN Numbers: P–05–75 (40 CFR
721.11731), and P–05–107 (40 CFR
721.11732).
Chemical Names: Perfluoroalkylethyl
methacrylate copolymer (generic) (P–
05–75) and Perfluoroalkylethyl
methacrylate copolymer organic acid
salt (generic) (P–05–107).
CAS or Accession Numbers:
Accession Nos. 257171 (P–05–107) and
245831 (P–05–75).
Effective Date of TSCA Order: January
5, 2006.
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Basis for TSCA Order: The PMNs
stated that the generic (nonconfidential) uses will be as a textile
chemical (P–05–75) and paper/textile
chemical (P–05–107). Based on
potential degradation products, EPA
had concerns that these degradation
products will persist in the
environment, could bioaccumulate or
biomagnify, and could be toxic (PBT) to
people, wild mammals, and birds. Based
on comparison to analogous
perfluorinated chemicals, EPA had
identified concerns for lung effects
under some conditions of use—
particularly non-industrial, commercial,
or consumer use. Based on potential
persistent degradation products, EPA
predicted high concern for possible
environmental effects. The Order was
issued under TSCA sections 5(e)(1)(A)(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. The Order
was also issued under TSCA section
5(e)(1)(A)(ii)(II), based on a finding that
the substances are or will be produced
in substantial quantities and that the
substances either enter 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
substances. To protect against these
risks, the Order required:
• Submit to EPA the results of certain
testing described in the Testing section
of the Order at least 14 weeks before
manufacturing or importing the total
confidential volume of P–04–213, P–05–
75, and P–05–107 combined listed in
the Order; and
• Establishment of certain hazard
communication requirements.
The proposed SNUR would designate
as a ‘‘significant new use’’ the absence
of the hazard communication protective
measure. Additionally, the proposed
SNUR would designate the following as
significant new uses:
• Use other than as finishing agents
in textiles, apparel, and leather
manufacturing. Potentially Useful
Information: EPA has determined that
certain information 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 chronic
human health toxicity and chronic
ecotoxicity testing performed on the
PMN substances may be potentially
useful to characterize the health and
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environmental effects of the PMN
substances. 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 other
relevant information. Manufacturers or
processors considering submitting a
SNUN and/or developing this
information should also know that the
PMN submitter agreed not to exceed the
time limit specified in the Order
without performing the required testing
outlined in the Testing section of the
Order.
PMN Number: P–04–289 (40 CFR
721.11733).
Chemical Name: Ethylenetetrafluoroethylene-fluorinated alkene
copolymer (generic).
CAS or Accession Number: Accession
No. 258981.
Effective Date of TSCA Order:
November 5, 2005.
Basis for TSCA Order: The PMN
stated that the use will be as a
copolymer for automotive and industrial
parts. Based on potential incineration,
decomposition, and degradation
products, byproducts, unreacted
material, and low molecular weight
species, EPA had concerns that these
degradation products will persist in the
environment, could bioaccumulate or
biomagnify, and could be toxic (PBT) to
people, wild mammals, and birds. The
Order was issued under TSCA sections
5(e)(1)(A)(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. The
Order was also issued under TSCA
section 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 Order required:
• Chemical synthesis of the substance
and analysis of the substance
demonstrating compliance with the
required synthesis according to the
confidential conditions in the Chemical
Synthesis and Composition section of
the Order; and
• Establishment of certain hazard
communication requirements.
The proposed SNUR would designate
as a ‘‘significant new use’’ the absence
of these protective measures.
Additionally, the proposed SNUR
would designate the following as
significant new uses:
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• Use other than as a copolymer for
automotive and industrial parts; and
• Manufacture beyond an annual
production volume of 2500 lbs.
Potentially Useful Information: EPA
has determined that certain information
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 impurity
data on the starting material and
product and information concerning the
manufacture process or other
verification that the products do not
contain long chain perfluorinated acids
may be potentially useful to characterize
the health 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 other
relevant information.
PMN Number: P–04–537 (40 CFR
721.11334).
Chemical Name: Fluorochemical ester
(generic).
CAS or Accession Number: Accession
No. 264949.
Effective Date of TSCA Order: April
21, 2005.
Basis for TSCA Order: The PMN
stated that the generic (nonconfidential) use will be as a polymer
additive. Based on potential
incineration, decomposition, and
degradation products, byproducts,
unreacted material, and low molecular
weight species, EPA had concerns that
these degradation products will persist
in the environment, could
bioaccumulate or biomagnify, and could
be toxic (PBT) to people, wild
mammals, and birds. The Order was
issued under TSCA sections 5(e)(1)(A)(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. The Order
was also issued under TSCA section
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 Order required:
• Submit to EPA the results of certain
testing described in the Testing section
of the Order at least 14 weeks before
manufacturing or importing the
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aggregate confidential volume listed in
the Order; and
• Establishment of certain hazard
communication requirements.
The proposed SNUR would designate
as a ‘‘significant new use’’ the absence
of the hazard communication protective
measures. Additionally, the proposed
SNUR would designate the following as
significant new uses:
• Use other than as a finishing agent
in textiles, apparel, and leather
manufacturing or as a chemical
intermediate.
Potentially Useful Information: EPA
has determined that certain information
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 chronic
human health toxicity and chronic
ecotoxicity testing may be potentially
useful to characterize the health and
environmental effects of the PMN
substance. Manufacturers or processors
considering submitting a SNUN and/or
developing this information should also
know that the PMN submitter agreed not
to exceed the time limit specified in the
Order without performing the required
testing outlined in the Testing section of
the Order.
PMN Numbers: P–05–491 (40 CFR
721.11735), P–05–492 (40 CFR
721.11736), P–05–503 (40 CFR
721.11737), P–05–504 (40 CFR
721.11738), P–05–505 (40 CFR
721.11739), P–05–838 (40 CFR
721.11740), P–06–206 (40 CFR
721.11741), P–06–207 (40 CFR
721.11742), P–06–208 (40 CFR
721.11743), P–06–211 (40 CFR
721.11744), P–06–212 (40 CFR
721.11745), P–06–213 (40 CFR
721.11746), P–06–214 (40 CFR
721.11747), P–06–215 (40 CFR
721.11748), P–06–216 (40 CFR
721.11749), P–06–217 (40 CFR
721.11750), and P–06–224 (40 CFR
721.11751).
Chemical Names: Fluoroalkylacrylate
copolymer (generic) (P–05–491, P–05–
492, P–05–504, P–05–505, P–05–838, P–
06–207, P–06–208, P–06–211, P–06–
212, P–06–213, P–06–214, P–06–215, P–
06–216, P–06–217, and P–06–224),
Fluorochemical urethane; (generic) (P–
05–503), and Fluoroalkyl acrylate
(generic) (P–06–206).
CAS or Accession Numbers: Not
Available.
Effective Date of TSCA Orders: May 1,
2006.
Basis for TSCA Order: The PMNs
stated that the generic (nonconfidential) uses will be as textile
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treatment additives (P–05–491, P–05–
492, P–05–505, P–05–838, P–06–207, P–
06–208, P–06–211, P–06–215, P–06–
217, and P–06–224), carpet treatment
additive (P–05–503, P–06–213, and P–
06–216), tile surface treatment (P–05–
504), monomer for textile treatment
additive (P–06–206), nonwoven internal
additive (P–06–212) and paper
treatment additive (P–06–214). Based on
potential incineration and degradation
products, byproducts, unreacted
material, and low molecular weight
species, EPA had concerns that these
degradation products will persist in the
environment, could bioaccumulate or
biomagnify, and could be toxic (PBT) to
people, wild mammals, and birds. Based
on comparison to analogous
perfluorinated chemicals, EPA had
identified concerns for lung effects.
Based on submitted test data, EPA had
also identified concerns for systemic
effects for P–06–206. Based on potential
persistent perfluorinated degradation
products and submitted data for P–06–
206, EPA predicted concern for possible
environmental effects. The Order was
issued under TSCA sections 5(e)(1)(A)(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. The Order
was also issued under TSCA section
5(e)(1)(A)(ii)(II), based on a finding that
the substances are or will be produced
in substantial quantities and that the
substances either enter 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
substances. To protect against these
risks, the Order required:
• Submit to EPA the results of certain
testing described in the Testing section
of the Order at least 14 weeks before
manufacturing or importing the total
confidential volume of all PMNs
combined, excluding volumes of the
monomer P–06–206, listed in the Order;
• Report annually the impurity
content of all confidential impurities
and carbon chain length impurities
listed in the Order by analyzing
representative samples; and
• Establishment of certain hazard
communication program requirements.
The proposed SNUR would designate
as a ‘‘significant new use’’ the absence
of the second and third of these
protective measures. Additionally, the
proposed SNUR would designate the
following as significant new uses:
• Use other than as textile treatment
additives (P–05–491, P–05–492, P–05–
505, P–05–838, P–06–207, P–06–208, P–
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06–211, P–06–215, P–06–217, and P–
06–224), carpet treatment additives (P–
05–503, P–06–213, and P–06–216), a tile
surface treatment (P–05–504), a
monomer for textile treatment additives
(P–06–206), a nonwoven internal
additive (P–06–212), or a paper
treatment additive (P–06–214); and
• Manufacture beyond an annual
production volume of 2500 lbs.
Potentially Useful Information: EPA
has determined that certain information
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 chronic
human health toxicity, physical/
chemical properties, fate, transport, and
chronic ecotoxicity testing performed on
the PMN substances may be potentially
useful to characterize the health and
environmental effects of the PMN
substances. Manufacturers or processors
considering submitting a SNUN and/or
developing this information should also
know that the PMN submitter agreed not
to exceed the time limit specified in the
Order without performing the required
testing outlined in the Testing section of
the Order.
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 proposed significant new uses
are not ongoing.
For chemical substances identified in
this proposed rule that have been 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 Orders have been
issued for these chemical substances,
and the PMN submitters are prohibited
by the TSCA Orders from undertaking
activities which would be designated as
significant new uses. The identities of
many of the chemical substances subject
to this proposed rule have been claimed
as confidential per 40 CFR 720.85. In
addition, for other significant new uses
EPA has identified in this proposed rule
that are not related to Order
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requirements, EPA reviewed CDR
reporting for those chemicals as
described in Unit IV and determined
that the uses were either not ongoing or
were unlikely to be ongoing. Based on
this, the Agency proposes to conclude
that none of the significant new uses
described in the regulatory text of this
proposed rule are ongoing. EPA solicits
comment on whether any of the uses
that would be regulated as a ‘‘significant
new use’’ if this proposed rule is
finalized are ongoing.
EPA designates December 2, 2022 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 after the date
this proposal publishes in the Federal
Register, that person 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/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, then TSCA section
5(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 (see 40 CFR 720.50).
However, upon review of PMNs and
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SNUNs, the Agency has the authority to
require appropriate testing. Unit V. lists
potentially useful information for the
SNURs listed in this document.
Descriptions of this information is
provided for informational purposes.
The potentially useful information
identified in Unit V. will be useful to
EPA’s evaluation in the event that
someone submits a SNUN for the
significant new use.
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 in 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 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). For more
information on alternative test methods
and strategies to reduce vertebrate
animal testing, visit https://
www.epa.gov/assessing-and-managingchemicals-under-tsca/alternative-testmethods-and-strategies-reduce.
The potentially useful information
listed in Unit V. 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 releases 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.
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E–PMN software is available
electronically at https://www.epa.gov/
reviewing-new-chemicals-under-toxicsubstances-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/laws-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 several 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)
The information collection activities
associated with SNURs have already
been approved by OMB under the PRA
and assigned OMB control number
2070–0012 (EPA ICR No. 574). This
proposed rule does not contain 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.
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.
Send any comments about the
accuracy of the burden estimate, and
any suggested methods for minimizing
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respondent burden, including using
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 the RFA section 605(b) (5
U.S.C. 601 et seq.), the Agency hereby
certifies that promulgation of these
SNURs 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. 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 10 in Federal fiscal year
(FY) FY2016, 14 in FY2017, 16 in
FY2018, five in FY2019, seven in
FY2020, and 13 in FY2021, and only a
fraction of these were from small
businesses. In addition, the Agency
currently offers relief to qualifying small
businesses by reducing the SNUN
submission fee from $19,020 to $3,330.
This lower fee reduces the total
reporting and recordkeeping of cost of
submitting a SNUN to about $10,094 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
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been impacted by these rulemakings,
and EPA does not have any reasons to
believe that any State, local, or Tribal
government will be impacted by this
action. As such, EPA has determined
that this proposed rule would not
impose any enforceable duty, contain
any unfunded mandate, or otherwise
have any effect on small governments
subject to the requirements of UMRA
sections 202, 203, 204, or 205 (2 U.S.C.
1501 et seq.).
E. Executive Order 13132: 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 action would not have Tribal
implications as specified in Executive
Order 13175 (65 FR 67249, November 9,
2000), because it is not expected to have
substantial direct effects on Indian
Tribes. This action would not
significantly nor uniquely affect the
communities of Indian Tribal
governments, nor would it involve or
impose any requirements that affect
Indian Tribes.
G. Executive Order 13045: Protection of
Children From Environmental Health
Risks 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 action is not subject to Executive
Order 13211 (66 FR 28355, May 22,
2001), because this proposed rule is not
expected to affect energy supply,
distribution, or use, and because this
action is not expected to affect energy
supply, distribution, or use and because
this action has not otherwise been
designated as a significant energy action
by the Administrator of OMB’s Office of
Information and Regulatory Affairs.
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I. National Technology Transfer and
Advancement Act (NTTAA)
This action does not involve any
technical standards subject to NTTAA
section 12(d) (15 U.S.C. 272 note).
J. Executive Orders 12898: Federal
Actions to Address Environmental
Justice in Minority Populations and
Low-Income Populations and 14008:
Tackling the Climate Crisis at Home and
Abroad
EPA believes that this action is not
subject to Executive Order 12898 (59 FR
7629, February 16, 1994) and Executive
Order 14008 (86 FR 7619, January 27,
2021) because it does not establish an
environmental health or safety standard.
List of Subjects in 40 CFR Part 721
Environmental protection, Chemicals,
Hazardous substances, Reporting and
recordkeeping requirements.
Dated: November 28, 2022.
Tala Henry,
Deputy Director, Office of Pollution
Prevention and Toxics.
Therefore, for the reasons stated in the
preamble, it is proposed that 40 CFR
chapter I be amended 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 §§ 721.11716 through
721.11751 to subpart E to read as
follows:
■
Subpart E–Significant New Uses for
Specific Chemical Substances
Sec.
*
*
*
*
*
721.11716 Fluoroacrylate copolymer
(generic).
721.11717 Perfluoroalkylsulfonamidoalkyl
acrylate, polymer with acrylic acid
derivatives (generic).
721.11718 Urethane polymer modified with
perfluoroalkylsulfonamide (generic).
721.11719 Urethane polymer modified with
perfluoroalkylsulfonamide and
polyethoxylate (generic).
721.11720 Urethane polymer modified with
perfluoroalkylsulfonamide (generic).
721.11721 Copolymer of
perfluoroalkylsulfonamidoalkyl acrylate
and alkyl acrylate modified fatty acid
dimers (generic).
721.11722 Phosphonium,
triphenyl(phenylmethyl)-, salt with
1,1,2,2,3,3,4,4,4-nonafluoro-N-methyl-1butanesulfonamide (1:1).
721.11723 Alkane carboxylic acids esters
with long chain fatty alcohol and
fluorinated alkylsulfonamidoalkyl
alcohol (generic).
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721.11724 Blocked fluorochemical urethane
(generic).
721.11725 Polyperfluoro alkylene glycol,
perfluoroalkoxy- and hydroxy alkyl
amido perfluoroalkyl terminated
(generic).
721.11726 Fluoroalkene substituted alkene
polymer (generic).
721.11727 Phosphonium, tributyl (2methoxypropyl)-, salt with
1,1,2,2,3,3,4,4,4-nonafluoro-N-methyl-1butanesulfonamide (1:1).
721.11728 Fluoroacrylate modified
urethane (generic).
721.11729 Fluorinated oligomer alcohol
(generic).
721.11731 Perfluoroalkylethyl methacrylate
copolymer (generic).
721.11732 Perfluoroalkylethyl methacrylate
copolymer organic acid salt (generic).
721.11733 Ethylene-tetrafluoroethylenefluorinated alkene copolymer (generic).
721.11734 Fluorochemical ester (generic).
721.11735 Fluoroalkylacrylate copolymer
(generic).
721.11736 Fluoroalkylacrylate copolymer
(generic).
721.11737 Fluorochemical urethane
(generic).
721.11738 Fluoroalkylacrylate copolymer
(generic).
721.11739 Fluoroalkylacrylate copolymer
(generic).
721.11740 Fluoroalkylacrylate copolymer
(generic).
721.11741 Fluoroalkyl acrylate (generic).
721.11742 Fluoroalkylacrylate copolymer
(generic).
721.11743 Fluoroalkylacrylate copolymer
(generic).
721.11744 Fluoroalkylacrylate copolymer
(generic).
721.11745 Fluoroalkylacrylate copolymer
(generic).
721.11746 Fluoroalkylacrylate copolymer
(generic).
721.11747 Fluoroalkylacrylate copolymer
(generic).
721.11748 Fluoroalkylacrylate copolymer
(generic).
721.11749 Fluoroalkylacrylate copolymer
(generic).
721.11750 Fluoroalkylacrylate copolymer
(generic).
721.11751 Fluoroalkylacrylate copolymer
(generic).
the employer becomes aware of any
significant new information regarding
hazards of the substance or ways to
protect against the hazards, the
employer must incorporate this new
information and any information on
methods for protecting against such
hazards, into an SDS as described in
§ 721.72(c) within 90 days from the time
the employer becomes aware of the new
information. If the substance is not
being manufactured, processed, or used
in the employer’s workplace, the
employer must add the new information
to an SDS before the substance is
reintroduced into the workplace.
(B) The employer must ensure that
persons who will receive the substance
from the employer, or who have
received the substance from the
employer within 5 years from the date
the employer becomes aware of the new
information described in paragraph
(a)(2)(i)(A) of this section, are provided
an SDS containing the information
required under paragraph (a)(2)(i)(A) of
this section within 90 days from the
time the employer becomes aware of the
new information.
(ii) Industrial, commercial, and
consumer activities. It is a significant
new use to use the substance other than
as a surfactant in paint and coatings
manufacturing.
(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), (f), and (i) are
applicable to manufacturers, importers,
and processors of this substance.
(2) Limitation or revocation of certain
notification requirements. The
provisions of § 721.185 apply to this
section.
(3) Exemptions. The exemption of
§ 721.45(i) does not apply to this
section.
§ 721.11716
(generic).
§ 721.11717 Perfluoroalkyl
sulfonamidoalkyl acrylate, polymer with
acrylic acid derivatives (generic).
Fluoroacrylate copolymer
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as a fluoroacrylate
copolymer (PMN P–00–1085; Accession
No. 249720) is subject to reporting
under this section for the significant
new uses described in paragraph (a)(2)
of this section.
(2) The significant new uses are:
(i) Hazard communication. A
significant new use of the substance is
any manner or method of manufacture,
import, or processing associated with
any use of the substance without the
following hazard communication: (A) If
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(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as
perfluoroalkylsulfonamidoalkyl
acrylate, polymer with acrylic acid
derivatives (PMN P–01–584; Accession
No. 254456) is subject to reporting
under this section for the significant
new uses described in paragraph (a)(2)
of this section.
(2) The significant new uses are:
(i) Hazard communication. A
significant new use of the substance is
any manner or method of manufacture,
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import, or processing associated with
any use of the substance without the
following hazard communication: (A) If
the employer becomes aware of any
significant new information regarding
hazards of the substance or ways to
protect against the hazards, the
employer must incorporate this new
information and any information on
methods for protecting against such
hazards, into an SDS as described in
§ 721.72(c) within 90 days from the time
the employer becomes aware of the new
information. If the substance is not
being manufactured, processed, or used
in the employer’s workplace, the
employer must add the new information
to an SDS before the substance is
reintroduced into the workplace.
(B) The employer must ensure that
persons who will receive the substance
from the employer, or who have
received the substance from the
employer within 5 years from the date
the employer becomes aware of the new
information described in paragraph
(a)(2)(i)(A) of this section, are provided
an SDS containing the information
required under paragraph (a)(2)(i)(A) of
this section within 90 days from the
time the employer becomes aware of the
new information.
(ii) Industrial, commercial, and
consumer activities. It is a significant
new use to use the substance other than
as a surfactant in adhesive and synthetic
rubber manufacturing.
(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), (f), and (i) are
applicable to manufacturers, importers,
and processors of this substance.
(2) Limitation or revocation of certain
notification requirements. The
provisions of § 721.185 apply to this
section.
(3) Exemptions. The exemption of
§ 721.45(i) does not apply to this
section.
§ 721.11718 Urethane polymer modified
with perfluoroalkylsulfonamide (generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as urethane polymer
modified with
perfluoroalkylsulfonamide (PMN P–02–
16; Accession No. 252290) is subject to
reporting under this section for the
significant new uses described in
paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Hazard communication. A
significant new use of the substance is
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any manner or method of manufacture,
import, or processing associated with
any use of the substance without the
following hazard communication: (A) If
the employer becomes aware of any
significant new information regarding
hazards of the substance or ways to
protect against the hazards, the
employer must incorporate this new
information and any information on
methods for protecting against such
hazards, into an SDS as described in
§ 721.72(c) within 90 days from the time
the employer becomes aware of the new
information. If the substance is not
being manufactured, processed, or used
in the employer’s workplace, the
employer must add the new information
to an SDS before the substance is
reintroduced into the workplace.
(B) The employer must ensure that
persons who will receive the substance
from the employer, or who have
received the substance from the
employer within 5 years from the date
the employer becomes aware of the new
information described in paragraph
(a)(2)(i)(A) of this section, are provided
an SDS containing the information
required under paragraph (a)(2)(i)(A) of
this section within 90 days from the
time the employer becomes aware of the
new information.
(ii) Industrial, commercial, and
consumer activities. It is a significant
new use to use the substance other than
as a finishing agent in textiles, apparel,
and leather manufacturing.
(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), (f), and (i) are
applicable to manufacturers, importers,
and processors of this substance.
(2) Limitation or revocation of certain
notification requirements. The
provisions of § 721.185 apply to this
section.
(3) Exemptions. The exemption of
§ 721.45(i) does not apply to this
section.
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§ 721.11719 Urethane polymer modified
with perfluoroalkylsulfonamide and
polyethoxylate (generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as urethane polymer
modified with
perfluoroalkylsulfonamide and
polyethoxylate (PMN P–02–195;
Accession No. 271739) is subject to
reporting under this section for the
significant new uses described in
paragraph (a)(2) of this section.
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(2) The significant new uses are:
(i) Hazard communication: A
significant new use of the substance is
any manner or method of manufacture,
import, or processing associated with
any use of the substance without the
following hazard communication: (A) If
the employer becomes aware of any
significant new information regarding
hazards of the substance or ways to
protect against the hazards, the
employer must incorporate this new
information and any information on
methods for protecting against such
hazards, into an SDS as described in
§ 721.72(c) within 90 days from the time
the employer becomes aware of the new
information. If the substance is not
being manufactured, processed, or used
in the employer’s workplace, the
employer must add the new information
to an SDS before the substance is
reintroduced into the workplace.
(B) The employer must ensure that
persons who will receive the substance
from the employer, or who have
received the substance from the
employer within 5 years from the date
the employer becomes aware of the new
information described in paragraph
(a)(2)(i)(A) of this section, are provided
an SDS containing the information
required under paragraph (a)(2)(i)(A) of
this section within 90 days from the
time the employer becomes aware of the
new information.
(ii) Industrial, commercial, and
consumer activities. It is a significant
new use to use the substance other than
as a finishing agent in textiles, apparel,
and leather manufacturing.
(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), (f), and (i) are
applicable to manufacturers, importers,
and processors of this substance.
(2) Limitation or revocation of certain
notification requirements. The
provisions of § 721.185 apply to this
section.
(3) Exemptions. The exemption of
§ 721.45(i) does not apply to this
section.
significant new uses described in
paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Hazard communication. A
significant new use of the substance is
any manner or method of manufacture,
import, or processing associated with
any use of the substance without the
following hazard communication: (A) If
the employer becomes aware of any
significant new information regarding
hazards of the substance or ways to
protect against the hazards, the
employer must incorporate this new
information and any information on
methods for protecting against such
hazards, into an SDS as described in
§ 721.72(c) within 90 days from the time
the employer becomes aware of the new
information. If the substance is not
being manufactured, processed, or used
in the employer’s workplace, the
employer must add the new information
to an SDS before the substance is
reintroduced into the workplace.
(B) The employer must ensure that
persons who will receive the substance
from the employer, or who have
received the substance from the
employer within 5 years from the date
the employer becomes aware of the new
information described in paragraph
(a)(2)(i)(A) of this section, are provided
an SDS containing the information
required under paragraph (a)(2)(i)(A) of
this section within 90 days from the
time the employer becomes aware of the
new information.
(ii) Industrial, commercial, and
consumer activities. It is a significant
new use to use the substance other than
as an anti-stain agent.
(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), (f), and (i) are
applicable to manufacturers, importers,
and processors of this substance.
(2) Limitation or revocation of certain
notification requirements. The
provisions of § 721.185 apply to this
section.
(3) Exemptions. The exemption of
§ 721.45(i) does not apply to this
section.
§ 721.11720 Urethane polymer modified
with perfluoroalkylsulfonamide (generic).
§ 721.11721 Copolymer of
perfluoroalkylsulfonamidoalkyl acrylate and
alkyl acrylate modified fatty acid dimers
(generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as urethane polymer
modified with
perfluoroalkylsulfonamide (PMN P–02–
609; Accession No. 279755) is subject to
reporting under this section for the
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(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as copolymer of
perfluoroalkylsulfonamidoalkyl acrylate
and alkyl acrylate modified fatty acid
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dimers (PMN P–02–700; Accession No.
259360) is subject to reporting under
this section for the significant new uses
described in paragraph (a)(2) of this
section.
(2) The significant new uses are:
(i) Hazard communication. A
significant new use of the substance is
any manner or method of manufacture,
import, or processing associated with
any use of the substance without the
following hazard communication: (A) If
the employer becomes aware of any
significant new information regarding
hazards of the substance or ways to
protect against the hazards, the
employer must incorporate this new
information and any information on
methods for protecting against such
hazards, into an SDS as described in
§ 721.72(c) within 90 days from the time
the employer becomes aware of the new
information. If the substance is not
being manufactured, processed, or used
in the employer’s workplace, the
employer must add the new information
to an SDS before the substance is
reintroduced into the workplace.
(B) The employer must ensure that
persons who will receive the substance
from the employer, or who have
received the substance from the
employer within 5 years from the date
the employer becomes aware of the new
information described in paragraph
(a)(2)(i)(A) of this section, are provided
an SDS containing the information
required under paragraph (a)(2)(i)(A) of
this section within 90 days from the
time the employer becomes aware of the
new information.
(ii) Industrial, commercial, and
consumer activities. It is a significant
new use to use the substance other than
as a finishing agent in textiles, apparel,
and leather manufacturing.
(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), (f), and (i) are
applicable to manufacturers, importers,
and processors of this substance.
(2) Limitation or revocation of certain
notification requirements. The
provisions of § 721.185 apply to this
section.
(3) Exemptions. The exemption of
§ 721.45(i) does not apply to this
section.
§ 721.11722 Phosphonium,
triphenyl(phenylmethyl)-, salt with
1,1,2,2,3,3,4,4,4-nonafluoro-N-methyl-1butanesulfonamide (1:1).
(a) Chemical substance and
significant new uses subject to reporting.
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(1) The chemical substance identified as
phosphonium,
triphenyl(phenylmethyl)-, salt with
1,1,2,2,3,3,4,4,4-nonafluoro-N-methyl-1butanesulfonamide (1:1) (PMN P–02–
891; CAS No. 332350–93–3) is subject to
reporting under this section for the
significant new uses described in
paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Hazard communication. A
significant new use of the substance is
any manner or method of manufacture,
import, or processing associated with
any use of the substance without the
following hazard communication: (A) If
the employer becomes aware of any
significant new information regarding
hazards of the substance or ways to
protect against the hazards, the
employer must incorporate this new
information and any information on
methods for protecting against such
hazards, into an SDS as described in
§ 721.72(c) within 90 days from the time
the employer becomes aware of the new
information. If the substance is not
being manufactured, processed, or used
in the employer’s workplace, the
employer must add the new information
to an SDS before the substance is
reintroduced into the workplace.
(B) The employer must ensure that
persons who will receive the substance
from the employer, or who have
received the substance from the
employer within 5 years from the date
the employer becomes aware of the new
information described in paragraph
(a)(2)(i)(A) of this section, are provided
an SDS containing the information
required under paragraph (a)(2)(i)(A) of
this section within 90 days from the
time the employer becomes aware of the
new information.
(ii) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80(j).
(iii) Release to water. Requirements as
specified in § 721.90(a)(4), (b)(4), and
(c)(4) where N=1.
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph (b).
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (c), (f), (i), and (k)
are applicable to manufacturers,
importers, and processors of this
substance.
(2) Limitation or revocation of certain
notification requirements. The
provisions of § 721.185 apply to this
section.
(3) Exemptions. The exemption of
§ 721.45(i) does not apply to this
section.
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§ 721.11723 Alkane carboxylic acids esters
with long chain fatty alcohol and fluorinated
alkylsulfonamidoalkyl alcohol (generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as alkane carboxylic acids
esters with long chain fatty alcohol and
fluorinated alkylsulfonamidoalkyl
alcohol (PMN P–02–920; Accession No.
257922) is subject to reporting under
this section for the significant new uses
described in paragraph (a)(2) of this
section.
(2) The significant new uses are:
(i) Hazard communication. A
significant new use of the substance is
any manner or method of manufacture,
import, or processing associated with
any use of the substance without the
following hazard communication: (A) If
the employer becomes aware of any
significant new information regarding
hazards of the substance or ways to
protect against the hazards, the
employer must incorporate this new
information and any information on
methods for protecting against such
hazards, into an SDS as described in
§ 721.72(c) within 90 days from the time
the employer becomes aware of the new
information. If the substance is not
being manufactured, processed, or used
in the employer’s workplace, the
employer must add the new information
to an SDS before the substance is
reintroduced into the workplace.
(B) The employer must ensure that
persons who will receive the substance
from the employer, or who have
received the substance from the
employer within 5 years from the date
the employer becomes aware of the new
information described in paragraph
(a)(2)(i)(A) of this section, are provided
an SDS containing the information
required under paragraph (a)(2)(i)(A) of
this section within 90 days from the
time the employer becomes aware of the
new information.
(ii) Industrial, commercial, and
consumer activities. It is a significant
new use to use the substance other than
as an additive. It is a significant new use
to manufacture the substance beyond an
annual production volume of 2500 lbs.
(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), a (f), and (i) are
applicable to manufacturers, importers,
and processors of this substance.
(2) Limitation or revocation of certain
notification requirements. The
provisions of § 721.185 apply to this
section.
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provisions of § 721.185 apply to this
section.
(3) Exemptions. The exemption of
§ 721.45(i) does not apply to this
section.
(3) Exemptions. The exemption of
§ 721.45(i) does not apply to this
section.
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§ 721.11724 Blocked fluorochemical
urethane (generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as blocked fluorochemical
urethane (PMN P–03–32; Accession No.
242467) is subject to reporting under
this section for the significant new uses
described in paragraph (a)(2) of this
section.
(2) The significant new uses are:
(i) Hazard communication. A
significant new use of the substance is
any manner or method of manufacture,
import, or processing associated with
any use of the substance without the
following hazard communication: (A) If
the employer becomes aware of any
significant new information regarding
hazards of the substance or ways to
protect against the hazards, the
employer must incorporate this new
information and any information on
methods for protecting against such
hazards, into an SDS as described in
§ 721.72(c) within 90 days from the time
the employer becomes aware of the new
information. If the substance is not
being manufactured, processed, or used
in the employer’s workplace, the
employer must add the new information
to an SDS before the substance is
reintroduced into the workplace.
(B) The employer must ensure that
persons who will receive the substance
from the employer, or who have
received the substance from the
employer within 5 years from the date
the employer becomes aware of the new
information described in paragraph
(a)(2)(i)(A) of this section, are provided
an SDS containing the information
required under paragraph (a)(2)(i)(A) of
this section within 90 days from the
time the employer becomes aware of the
new information.
(ii) Industrial, commercial, and
consumer activities. It is a significant
new use to use the substance other than
as a protective treatment. It is a
significant new use to manufacture the
substance beyond an annual production
volume of 2500 lbs.
(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), (f), and (i) are
applicable to manufacturers, importers,
and processors of this substance.
(2) Limitation or revocation of certain
notification requirements. The
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§ 721.11725 Polyperfluoro alkylene glycol,
perfluoroalkoxy- and hydroxy alkyl amido
perfluoroalkyl terminated (generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as polyperfluoro alkylene
glycol, perfluoroalkoxy- and hydroxy
alkyl amido perfluoroalkyl terminated
(PMN P–03–33; Accession No. 242467)
is subject to reporting under this section
for the significant new uses described in
paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Hazard communication. A
significant new use of the substance is
any manner or method of manufacture,
import, or processing associated with
any use of the substance without the
following hazard communication: (A) If
the employer becomes aware of any
significant new information regarding
hazards of the substance or ways to
protect against the hazards, the
employer must incorporate this new
information and any information on
methods for protecting against such
hazards, into an SDS as described in
§ 721.72(c) within 90 days from the time
the employer becomes aware of the new
information. If the substance is not
being manufactured, processed, or used
in the employer’s workplace, the
employer must add the new information
to an SDS before the substance is
reintroduced into the workplace.
(B) The employer must ensure that
persons who will receive the substance
from the employer, or who have
received the substance from the
employer within 5 years from the date
the employer becomes aware of the new
information described in paragraph
(a)(2)(i)(A) of this section, are provided
an SDS containing the information
required under paragraph (a)(2)(i)(A) of
this section within 90 days from the
time the employer becomes aware of the
new information.
(ii) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80(g). It is a
significant new use to manufacture the
substance with an average molecular
weight less than 1000 daltons, more
than 5 percent oligomeric material less
than 500 daltons, or more than 10
percent oligomeric material less than
1000 daltons. It is a significant new use
to manufacture the substance without
analyzing the molecular weight of the
substance produced at each facility as
described in the TSCA 5(e) order for the
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74087
substance. It is a significant new use to
manufacture the substance beyond an
annual production volume of 2500 lbs.
(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), (f), and (i) are
applicable to manufacturers, importers,
and processors of this substance.
(2) Limitation or revocation of certain
notification requirements. The
provisions of § 721.185 apply to this
section.
(3) Exemptions. The exemption of
§ 721.45(i) does not apply to this
section.
§ 721.11726 Fluoroalkene substituted
alkene polymer (generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as fluoroalkene substituted
alkene polymer (PMN P–03–67) is
subject to reporting under this section
for the significant new uses described in
paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Hazard communication. A
significant new use of the substance is
any manner or method of manufacture,
import, or processing associated with
any use of the substance without the
following hazard communication: (A) If
the employer becomes aware of any
significant new information regarding
hazards of the substance or ways to
protect against the hazards, the
employer must incorporate this new
information and any information on
methods for protecting against such
hazards, into an SDS as described in
§ 721.72(c) within 90 days from the time
the employer becomes aware of the new
information. If the substance is not
being manufactured, processed, or used
in the employer’s workplace, the
employer must add the new information
to an SDS before the substance is
reintroduced into the workplace.
(B) The employer must ensure that
persons who will receive the substance
from the employer, or who have
received the substance from the
employer within 5 years from the date
the employer becomes aware of the new
information described in paragraph
(a)(2)(i)(A) of this section, are provided
an SDS containing the information
required under paragraph (a)(2)(i)(A) of
this section within 90 days from the
time the employer becomes aware of the
new information.
(ii) Industrial, commercial, and
consumer activities. It is a significant
new use to manufacture the substance
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other than primarily as an alternating
copolymer made up of the confidential
monomers specified in the Order to
prevent creation of long-chain
perfluorinated acids including PFOA. It
is a significant new use to manufacture
or import the substance without
analyzing representative samples of the
substance or measuring initial
concentrations of reactants consistent
with the procedure specified in the
TSCA Order. It is a significant new use
to use the substance other than as a
paint additive. It is a significant new use
to manufacture the substance beyond an
annual production volume of 2500 lbs.
(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), (f), and (i) are
applicable to manufacturers, importers,
and processors of this substance.
(2) Limitation or revocation of certain
notification requirements. The
provisions of § 721.185 apply to this
section.
(3) Exemptions. The exemption of
§ 721.45(i) does not apply to this
section.
lotter on DSK11XQN23PROD with PROPOSALS1
§ 721.11727 Phosphonium, tributyl (2methoxypropyl)-, salt with 1,1,2,2,3,3,4,4,4nonafluoro-N-methyl-1-butanesulfonamide
(1:1).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified as
Phosphonium, tributyl (2methoxypropyl)-, salt with
1,1,2,2,3,3,4,4,4-nonafluoro-N-methyl-1butanesulfonamide (1:1) (PMN P–03–77;
CAS No. 332350–93–3) is subject to
reporting under this section for the
significant new uses described in
paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Hazard communication. A
significant new use of the substance is
any manner or method of manufacture,
import, or processing associated with
any use of the substance without the
following hazard communication: (A) If
the employer becomes aware of any
significant new information regarding
hazards of the substance or ways to
protect against the hazards, the
employer must incorporate this new
information and any information on
methods for protecting against such
hazards, into an SDS as described in
§ 721.72(c) within 90 days from the time
the employer becomes aware of the new
information. If the substance is not
being manufactured, processed, or used
in the employer’s workplace, the
employer must add the new information
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to an SDS before the substance is
reintroduced into the workplace.
(B) The employer must ensure that
persons who will receive the substance
from the employer, or who have
received the substance from the
employer within 5 years from the date
the employer becomes aware of the new
information described in paragraph
(a)(2)(i)(A) of this section, are provided
an SDS containing the information
required under paragraph (a)(2)(i)(A) of
this section within 90 days from the
time the employer becomes aware of the
new information.
(ii) Industrial, commercial, and
consumer activities. It is a significant
new use to use the substance other than
as a cure catalyst or a chemical
intermediate.
(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), (f), and (i) are
applicable to manufacturers, importers,
and processors of this substance.
(2) Limitation or revocation of certain
notification requirements. The
provisions of § 721.185 apply to this
section.
(3) Exemptions. The exemption of
§ 721.45(i) does not apply to this
section.
§ 721.11728 Fluoroacrylate modified
urethane (generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as fluoroacrylate modified
urethane (PMN P–04–174; Accession
No. 238427) is subject to reporting
under this section for the significant
new uses described in paragraph (a)(2)
of this section.
(2) The significant new uses are:
(i) Hazard communication. A
significant new use of the substance is
any manner or method of manufacture,
import, or processing associated with
any use of the substance without the
following hazard communication: (A) If
the employer becomes aware of any
significant new information regarding
hazards of the substance or ways to
protect against the hazards, the
employer must incorporate this new
information and any information on
methods for protecting against such
hazards, into an SDS as described in
§ 721.72(c) within 90 days from the time
the employer becomes aware of the new
information. If the substance is not
being manufactured, processed, or used
in the employer’s workplace, the
employer must add the new information
PO 00000
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to an SDS before the substance is
reintroduced into the workplace.
(B) The employer must ensure that
persons who will receive the substance
from the employer, or who have
received the substance from the
employer within 5 years from the date
the employer becomes aware of the new
information described in paragraph
(a)(2)(i)(A) of this section, are provided
an SDS containing the information
required under paragraph (a)(2)(i)(A) of
this section within 90 days from the
time the employer becomes aware of the
new information.
(ii) Industrial, commercial, and
consumer activities. It is a significant
new use to manufacture the substance
beyond an annual production volume of
2500 lbs. It is a significant new use to
use the substance other than as a
protective coating.
(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), (f), and (i) are
applicable to manufacturers, importers,
and processors of this substance.
(2) Limitation or revocation of certain
notification requirements. The
provisions of § 721.185 apply to this
section.
(3) Exemptions. The exemption of
§ 721.45(i) does not apply to this
section.
§ 721.11729
(generic).
Fluorinated oligomer alcohol
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as fluorinated oligomer
alcohol (PMN P–04–176; Accession No.
236181) is subject to reporting under
this section for the significant new uses
described in paragraph (a)(2) of this
section.
(2) The significant new uses are:
(i) Hazard communication. A
significant new use of the substance is
any manner or method of manufacture,
import, or processing associated with
any use of the substance without the
following hazard communication: (A) If
the employer becomes aware of any
significant new information regarding
hazards of the substance or ways to
protect against the hazards, the
employer must incorporate this new
information and any information on
methods for protecting against such
hazards, into an SDS as described in
§ 721.72(c) within 90 days from the time
the employer becomes aware of the new
information. If the substance is not
being manufactured, processed, or used
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in the employer’s workplace, the
employer must add the new information
to an SDS before the substance is
reintroduced into the workplace.
(B) The employer must ensure that
persons who will receive the substance
from the employer, or who have
received the substance from the
employer within 5 years from the date
the employer becomes aware of the new
information described in paragraph
(a)(2)(i)(A) of this section, are provided
an SDS containing the information
required under paragraph (a)(2)(i)(A) of
this section within 90 days from the
time the employer becomes aware of the
new information.
(ii) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80(g).
(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), (f), and (i) are
applicable to manufacturers, importers,
and processors of this substance.
(2) Limitation or revocation of certain
notification requirements. The
provisions of § 721.185 apply to this
section.
(3) Exemptions. The exemption of
§ 721.45(i) does not apply to this
section.
to an SDS before the substance is
reintroduced into the workplace.
(B) The employer must ensure that
persons who will receive the substance
from the employer, or who have
received the substance from the
employer within 5 years from the date
the employer becomes aware of the new
information described in paragraph
(a)(2)(i)(A) of this section, are provided
an SDS containing the information
required under paragraph (a)(2)(i)(A) of
this section within 90 days from the
time the employer becomes aware of the
new information.
(ii) Industrial, commercial, and
consumer activities. It is a significant
new use to use the substance other than
as a finishing agent in textiles, apparel,
and leather manufacturing.
(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), (f), and (i) are
applicable to manufacturers, importers,
and processors of this substance.
(2) Limitation or revocation of certain
notification requirements. The
provisions of § 721.185 apply to this
section.
(3) Exemptions. The exemption of
§ 721.45(i) does not apply to this
section.
§ 721.11731 Perfluoroalkylethyl
methacrylate copolymer (generic).
§ 721.11732 Perfluoroalkylethyl
methacrylate copolymer organic acid salt
(generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as perfluoroalkylethyl
methacrylate copolymer (PMN P–05–75;
Accession No. 245831) is subject to
reporting under this section for the
significant new uses described in
paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Hazard communication. A
significant new use of the substance is
any manner or method of manufacture,
import, or processing associated with
any use of the substance without the
following hazard communication: (A) If
the employer becomes aware of any
significant new information regarding
hazards of the substance or ways to
protect against the hazards, the
employer must incorporate this new
information and any information on
methods for protecting against such
hazards, into an SDS as described in
§ 721.72(c) within 90 days from the time
the employer becomes aware of the new
information. If the substance is not
being manufactured, processed, or used
in the employer’s workplace, the
employer must add the new information
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(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as perfluoroalkylethyl
methacrylate copolymer organic acid
salt (PMN P–05–107: Accession No.
257171) is subject to reporting under
this section for the significant new uses
described in paragraph (a)(2) of this
section.
(2) The significant new uses are:
(i) Hazard communication. A
significant new use of the substance is
any manner or method of manufacture,
import, or processing associated with
any use of the substance without the
following hazard communication: (A) If
the employer becomes aware of any
significant new information regarding
hazards of the substance or ways to
protect against the hazards, the
employer must incorporate this new
information and any information on
methods for protecting against such
hazards, into an SDS as described in
§ 721.72(c) within 90 days from the time
the employer becomes aware of the new
information. If the substance is not
being manufactured, processed, or used
PO 00000
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Fmt 4702
Sfmt 4702
74089
in the employer’s workplace, the
employer must add the new information
to an SDS before the substance is
reintroduced into the workplace.
(B) The employer must ensure that
persons who will receive the substance
from the employer, or who have
received the substance from the
employer within 5 years from the date
the employer becomes aware of the new
information described in paragraph
(a)(2)(i)(A) of this section, are provided
an SDS containing the information
required under paragraph (a)(2)(i)(A) of
this section within 90 days from the
time the employer becomes aware of the
new information.
(ii) Industrial, commercial, and
consumer activities. It is a significant
new use to use the substance other than
as a finishing agent in textiles, apparel,
and leather manufacturing.
(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), (f), and (i) are
applicable to manufacturers, importers,
and processors of this substance.
(2) Limitation or revocation of certain
notification requirements. The
provisions of § 721.185 apply to this
section.
(3) Exemptions. The exemption of
§ 721.45(i) does not apply to this
section.
§ 721.11733 Ethylene-tetrafluoroethylenefluorinated alkene copolymer (generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as ethylenetetrafluoroethylene-fluorinated alkene
copolymer (PMN P–04–289; Accession
No. 258981) is subject to reporting
under this section for the significant
new uses described in paragraph (a)(2)
of this section.
(2) The significant new uses are:
(i) Hazard communication. A
significant new use of the substance is
any manner or method of manufacture,
import, or processing associated with
any use of the substance without the
following hazard communication: (A) If
the employer becomes aware of any
significant new information regarding
hazards of the substance or ways to
protect against the hazards, the
employer must incorporate this new
information and any information on
methods for protecting against such
hazards, into an SDS as described in
§ 721.72(c) within 90 days from the time
the employer becomes aware of the new
information. If the substance is not
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being manufactured, processed, or used
in the employer’s workplace, the
employer must add the new information
to an SDS before the substance is
reintroduced into the workplace.
(B) The employer must ensure that
persons who will receive the substance
from the employer, or who have
received the substance from the
employer within 5 years from the date
the employer becomes aware of the new
information described in paragraph
(a)(2)(i)(A) of this section, are provided
an SDS containing the information
required under paragraph (a)(2)(i)(A) of
this section within 90 days from the
time the employer becomes aware of the
new information.
(ii) Industrial, commercial, and
consumer activities. It is a significant
new use to manufacture the substance
other than according to the confidential
synthesis and composition requirements
in the Order. It is a significant new use
to use the substance other than as a
copolymer for automotive and industrial
parts. It is a significant new use to
manufacture the substance beyond an
annual production volume of 2500 lbs.
(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), (f), and (i) are
applicable to manufacturers, importers,
and processors of this substance.
(2) Limitation or revocation of certain
notification requirements. The
provisions of § 721.185 apply to this
section.
(3) Exemptions. The exemption of
§ 721.45(i) does not apply to this
section.
methods for protecting against such
hazards, into an SDS as described in
§ 721.72(c) within 90 days from the time
the employer becomes aware of the new
information. If the substance is not
being manufactured, processed, or used
in the employer’s workplace, the
employer must add the new information
to an SDS before the substance is
reintroduced into the workplace.
(B) The employer must ensure that
persons who will receive the substance
from the employer, or who have
received the substance from the
employer within 5 years from the date
the employer becomes aware of the new
information described in paragraph
(a)(2)(i)(A) of this section, are provided
an SDS containing the information
required under paragraph (a)(2)(i)(A) of
this section within 90 days from the
time the employer becomes aware of the
new information.
(ii) Industrial, commercial, and
consumer activities. It is a significant
new use to use the substance other than
as a finishing agent in textiles, apparel,
and leather manufacturing or as a
chemical intermediate.
(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), (f), and (i) are
applicable to manufacturers, importers,
and processors of this substance.
(2) Limitation or revocation of certain
notification requirements. The
provisions of § 721.185 apply to this
section.
(3) Exemptions. The exemption of
§ 721.45(i) does not apply to this
section.
§ 721.11734
(generic).
§ 721.11735
(generic).
Fluorochemical ester
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as fluorochemical ester
(PMN P–04–537; Accession No. 264949)
is subject to reporting under this section
for the significant new uses described in
paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Hazard communication. A
significant new use of the substance is
any manner or method of manufacture,
import, or processing associated with
any use of the substance without the
following hazard communication: (A) If
the employer becomes aware of any
significant new information regarding
hazards of the substance or ways to
protect against the hazards, the
employer must incorporate this new
information and any information on
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Fluoroalkylacrylate copolymer
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as fluoroalkylacrylate
copolymer (PMN P–05–491) is subject to
reporting under this section for the
significant new uses described in
paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Hazard communication. A
significant new use of the substance is
any manner or method of manufacture,
import, or processing associated with
any use of the substance without the
following hazard communication: (A) If
the employer becomes aware of any
significant new information regarding
hazards of the substance or ways to
protect against the hazards, the
employer must incorporate this new
information and any information on
PO 00000
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Sfmt 4702
methods for protecting against such
hazards, into an SDS as described in
§ 721.72(c) within 90 days from the time
the employer becomes aware of the new
information. If the substance is not
being manufactured, processed, or used
in the employer’s workplace, the
employer must add the new information
to an SDS before the substance is
reintroduced into the workplace.
(B) The employer must ensure that
persons who will receive the substance
from the employer, or who have
received the substance from the
employer within 5 years from the date
the employer becomes aware of the new
information described in paragraph
(a)(2)(i)(A) of this section, are provided
an SDS containing the information
required under paragraph (a)(2)(i)(A) of
this section within 90 days from the
time the employer becomes aware of the
new information.
(ii) Industrial, commercial, and
consumer activities. It is a significant
new use to manufacture the substance
beyond an annual production volume of
2500 lbs. It is a significant new use to
use the substance other than as a textile
treatment additive. It is a significant
new use to manufacture the substance
without the analysis, reporting of the
analysis to EPA, and minimizing of the
impurity content of all confidential
impurities and carbon chain lengths as
described in the Chemical Synthesis
and Composition section of the TSCA
section 5(e) Order for the substance.
(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), (f), and (i) are
applicable to manufacturers, importers,
and processors of this substance.
(2) Limitation or revocation of certain
notification requirements. The
provisions of § 721.185 apply to this
section.
(3) Exemptions. The exemption of
§ 721.45(i) does not apply to this
section.
§ 721.11736
(generic).
Fluoroalkylacrylate copolymer
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as fluoroalkylacrylate
copolymer (PMN P–05–492) is subject to
reporting under this section for the
significant new uses described in
paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Hazard communication: A
significant new use of the substance is
any manner or method of manufacture,
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import, or processing associated with
any use of the substance without the
following hazard communication: (A) If
the employer becomes aware of any
significant new information regarding
hazards of the substance or ways to
protect against the hazards, the
employer must incorporate this new
information and any information on
methods for protecting against such
hazards, into an SDS as described in
§ 721.72(c) within 90 days from the time
the employer becomes aware of the new
information. If the substance is not
being manufactured, processed, or used
in the employer’s workplace, the
employer must add the new information
to an SDS before the substance is
reintroduced into the workplace.
(B) The employer must ensure that
persons who will receive the substance
from the employer, or who have
received the substance from the
employer within 5 years from the date
the employer becomes aware of the new
information described in paragraph
(a)(2)(i)(A) of this section, are provided
an SDS containing the information
required under paragraph (a)(2)(i)(A) of
this section within 90 days from the
time the employer becomes aware of the
new information.
(ii) Industrial, commercial, and
consumer activities. It is a significant
new use to manufacture the substance
beyond an annual production volume of
2500 lbs. It is a significant new use to
use the substance other than as a textile
treatment additive. It is a significant
new use to manufacture the substance
without the analysis, reporting of the
analysis to EPA, and minimizing of the
impurity content of all confidential
impurities and carbon chain lengths as
described in the Chemical Synthesis
and Composition section of the TSCA
section 5(e) Order for the substance.
(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), (f), and (i) are
applicable to manufacturers, importers,
and processors of this substance.
(2) Limitation or revocation of certain
notification requirements. The
provisions of § 721.185 apply to this
section.
(3) Exemptions. The exemption of
§ 721.45(i) does not apply to this
section.
§ 721.11737
(generic).
Fluorochemical urethane
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
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generically as fluorochemical urethane
(PMN P–05–503) is subject to reporting
under this section for the significant
new uses described in paragraph (a)(2)
of this section.
(2) The significant new uses are:
(i) Hazard communication. A
significant new use of the substance is
any manner or method of manufacture,
import, or processing associated with
any use of the substance without the
following hazard communication: (A) If
the employer becomes aware of any
significant new information regarding
hazards of the substance or ways to
protect against the hazards, the
employer must incorporate this new
information and any information on
methods for protecting against such
hazards, into an SDS as described in
§ 721.72(c) within 90 days from the time
the employer becomes aware of the new
information. If the substance is not
being manufactured, processed, or used
in the employer’s workplace, the
employer must add the new information
to an SDS before the substance is
reintroduced into the workplace.
(B) The employer must ensure that
persons who will receive the substance
from the employer, or who have
received the substance from the
employer within 5 years from the date
the employer becomes aware of the new
information described in paragraph
(a)(2)(i)(A) of this section, are provided
an SDS containing the information
required under paragraph (a)(2)(i)(A) of
this section within 90 days from the
time the employer becomes aware of the
new information.
(ii) Industrial, commercial, and
consumer activities. It is a significant
new use to manufacture the substance
beyond an annual production volume of
2500 lbs. It is a significant new use to
use the substance other than as a carpet
treatment additive. It is a significant
new use to manufacture the substance
without the analysis, reporting of the
analysis to EPA, and minimizing of the
impurity content of all confidential
impurities and carbon chain lengths as
described in the Chemical Synthesis
and Composition section of the TSCA
section 5(e) Order for the substance.
(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), (f), and (i) are
applicable to manufacturers, importers,
and processors of this substance.
(2) Limitation or revocation of certain
notification requirements. The
provisions of § 721.185 apply to this
section.
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74091
(3) Exemptions. The exemption of
§ 721.45(i) does not apply to this
section.
§ 721.11738
(generic).
Fluoroalkylacrylate copolymer
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as fluoroalkylacrylate
copolymer (PMN P–05–504) is subject to
reporting under this section for the
significant new uses described in
paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Hazard communication. A
significant new use of the substance is
any manner or method of manufacture,
import, or processing associated with
any use of the substance without the
following hazard communication: (A) If
the employer becomes aware of any
significant new information regarding
hazards of the substance or ways to
protect against the hazards, the
employer must incorporate this new
information and any information on
methods for protecting against such
hazards, into an SDS as described in
§ 721.72(c) within 90 days from the time
the employer becomes aware of the new
information. If the substance is not
being manufactured, processed, or used
in the employer’s workplace, the
employer must add the new information
to an SDS before the substance is
reintroduced into the workplace.
(B) The employer must ensure that
persons who will receive the substance
from the employer, or who have
received the substance from the
employer within 5 years from the date
the employer becomes aware of the new
information described in paragraph
(a)(2)(i)(A) of this section, are provided
an SDS containing the information
required under paragraph (a)(2)(i)(A) of
this section within 90 days from the
time the employer becomes aware of the
new information.
(ii) Industrial, commercial, and
consumer activities. It is a significant
new use to manufacture the substance
beyond an annual production volume of
2500 lbs. It is a significant new use to
use the substance other than as a tile
surface treatment additive. It is a
significant new use to manufacture the
substance without the analysis,
reporting of the analysis to EPA, and
minimizing of the impurity content of
all confidential impurities and carbon
chain lengths as described in the
Chemical Synthesis and Composition
section of the TSCA section 5(e) Order
for the substance.
(b) Specific requirements. The
provisions of subpart A of this part
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apply to this section except as modified
by this paragraph (b).
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (c), (f), and (i) are
applicable to manufacturers, importers,
and processors of this substance.
(2) Limitation or revocation of certain
notification requirements. The
provisions of § 721.185 apply to this
section.
(3) Exemptions. The exemption of
§ 721.45(i) does not apply to this
section.
lotter on DSK11XQN23PROD with PROPOSALS1
§ 721.11739
(generic).
Fluoroalkylacrylate copolymer
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as fluoroalkylacrylate
copolymer (PMN P–05–505) is subject to
reporting under this section for the
significant new uses described in
paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Hazard communication. A
significant new use of the substance is
any manner or method of manufacture,
import, or processing associated with
any use of the substance without the
following hazard communication: (A) If
the employer becomes aware of any
significant new information regarding
hazards of the substance or ways to
protect against the hazards, the
employer must incorporate this new
information and any information on
methods for protecting against such
hazards, into an SDS as described in
§ 721.72(c) within 90 days from the time
the employer becomes aware of the new
information. If the substance is not
being manufactured, processed, or used
in the employer’s workplace, the
employer must add the new information
to an SDS before the substance is
reintroduced into the workplace.
(B) The employer must ensure that
persons who will receive the substance
from the employer, or who have
received the substance from the
employer within 5 years from the date
the employer becomes aware of the new
information described in paragraph
(a)(2)(i)(A) of this section, are provided
an SDS containing the information
required under paragraph (a)(2)(i)(A) of
this section within 90 days from the
time the employer becomes aware of the
new information.
(ii) Industrial, commercial, and
consumer activities. It is a significant
new use to manufacture the substance
beyond an annual production volume of
2500 lbs. It is a significant new use to
use the substance other than as a textile
treatment additive. It is a significant
new use to manufacture the substance
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Jkt 259001
without the analysis, reporting of the
analysis to EPA, and minimizing of the
impurity content of all confidential
impurities and carbon chain lengths as
described in the Chemical Synthesis
and Composition section of the TSCA
section 5(e) Order for the substance.
(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), (f), and (i) are
applicable to manufacturers, importers,
and processors of this substance.
(2) Limitation or revocation of certain
notification requirements. The
provisions of § 721.185 apply to this
section.
(3) Exemptions. The exemption of
§ 721.45(i) does not apply to this
section.
§ 721.11740
(generic).
Fluoroalkylacrylate copolymer
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as fluoroalkylacrylate
copolymer (PMN P–05–838) is subject to
reporting under this section for the
significant new uses described in
paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Hazard communication. A
significant new use of the substance is
any manner or method of manufacture,
import, or processing associated with
any use of the substance without the
following hazard communication: (A) If
the employer becomes aware of any
significant new information regarding
hazards of the substance or ways to
protect against the hazards, the
employer must incorporate this new
information and any information on
methods for protecting against such
hazards, into an SDS as described in
§ 721.72(c) within 90 days from the time
the employer becomes aware of the new
information. If the substance is not
being manufactured, processed, or used
in the employer’s workplace, the
employer must add the new information
to an SDS before the substance is
reintroduced into the workplace.
(B) The employer must ensure that
persons who will receive the substance
from the employer, or who have
received the substance from the
employer within 5 years from the date
the employer becomes aware of the new
information described in paragraph
(a)(2)(i)(A) of this section, are provided
an SDS containing the information
required under paragraph (a)(2)(i)(A) of
this section within 90 days from the
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Fmt 4702
Sfmt 4702
time the employer becomes aware of the
new information.
(ii) Industrial, commercial, and
consumer activities. It is a significant
new use to manufacture the substance
beyond an annual production volume of
2500 lbs. It is a significant new use to
use the substance other than as a textile
treatment additive. It is a significant
new use to manufacture the substance
without the analysis, reporting of the
analysis to EPA, and minimizing of the
impurity content of all confidential
impurities and carbon chain lengths as
described in the Chemical Synthesis
and Composition section of the TSCA
section 5(e) Order for the substance.
(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), (f), and (i) are
applicable to manufacturers, importers,
and processors of this substance.
(2) Limitation or revocation of certain
notification requirements. The
provisions of § 721.185 apply to this
section.
(3) Exemptions. The exemption of
§ 721.45(i) does not apply to this
section.
§ 721.11741
Fluoroalkyl acrylate (generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as fluoroalkyl acrylate (PMN
P–06–206) is subject to reporting under
this section for the significant new uses
described in paragraph (a)(2) of this
section.
(2) The significant new uses are:
(i) Hazard communication. A
significant new use of the substance is
any manner or method of manufacture,
import, or processing associated with
any use of the substance without the
following hazard communication: (A) If
the employer becomes aware of any
significant new information regarding
hazards of the substance or ways to
protect against the hazards, the
employer must incorporate this new
information and any information on
methods for protecting against such
hazards, into an SDS as described in
§ 721.72(c) within 90 days from the time
the employer becomes aware of the new
information. If the substance is not
being manufactured, processed, or used
in the employer’s workplace, the
employer must add the new information
to an SDS before the substance is
reintroduced into the workplace.
(B) The employer must ensure that
persons who will receive the substance
from the employer, or who have
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received the substance from the
employer within 5 years from the date
the employer becomes aware of the new
information described in paragraph
(a)(2)(i)(A) of this section, are provided
an SDS containing the information
required under paragraph (a)(2)(i)(A) of
this section within 90 days from the
time the employer becomes aware of the
new information.
(ii) Industrial, commercial, and
consumer activities. It is a significant
new use to manufacture the substance
beyond an annual production volume of
2500 lbs. It is a significant new use to
use the substance other than as a
monomer for textile treatment additives.
It is a significant new use to
manufacture the substance without the
analysis, reporting of the analysis to
EPA, and minimizing of the impurity
content of all confidential impurities
and carbon chain lengths as described
in the Chemical Synthesis and
Composition section of the TSCA
section 5(e) Order for the substance.
(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), (f), and (i) are
applicable to manufacturers, importers,
and processors of this substance.
(2) Limitation or revocation of certain
notification requirements. The
provisions of § 721.185 apply to this
section.
(3) Exemptions. The exemption of
§ 721.45(i) does not apply to this
section.
lotter on DSK11XQN23PROD with PROPOSALS1
§ 721.11742
(generic).
Fluoroalkylacrylate copolymer
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as fluoroalkylacrylate
copolymer (PMN P–06–207) is subject to
reporting under this section for the
significant new uses described in
paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Hazard communication. A
significant new use of the substance is
any manner or method of manufacture,
import, or processing associated with
any use of the substance without the
following hazard communication: (A) If
the employer becomes aware of any
significant new information regarding
hazards of the substance or ways to
protect against the hazards, the
employer must incorporate this new
information and any information on
methods for protecting against such
hazards, into an SDS as described in
§ 721.72(c) within 90 days from the time
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18:28 Dec 01, 2022
Jkt 259001
the employer becomes aware of the new
information. If the substance is not
being manufactured, processed, or used
in the employer’s workplace, the
employer must add the new information
to an SDS before the substance is
reintroduced into the workplace.
(B) The employer must ensure that
persons who will receive the substance
from the employer, or who have
received the substance from the
employer within 5 years from the date
the employer becomes aware of the new
information described in paragraph
(a)(2)(i)(A) of this section, are provided
an SDS containing the information
required under paragraph (a)(2)(i)(A) of
this section within 90 days from the
time the employer becomes aware of the
new information.
(ii) Industrial, commercial, and
consumer activities. It is a significant
new use to manufacture the substance
beyond an annual production volume of
2500 lbs. It is a significant new use to
use the substance other than as a textile
treatment additive. It is a significant
new use to manufacture the substance
without the analysis, reporting of the
analysis to EPA, and minimizing of the
impurity content of all confidential
impurities and carbon chain lengths as
described in the Chemical Synthesis
and Composition section of the TSCA
section 5(e) Order for the substance.
(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), (f), and (i) are
applicable to manufacturers, importers,
and processors of this substance.
(2) Limitation or revocation of certain
notification requirements. The
provisions of § 721.185 apply to this
section.
(3) Exemptions. The exemption of
§ 721.45(i) does not apply to this
section.
§ 721.11743
(generic).
Fluoroalkylacrylate copolymer
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as fluoroalkylacrylate
copolymer (PMN P–06–208) is subject to
reporting under this section for the
significant new uses described in
paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Hazard communication. A
significant new use of the substance is
any manner or method of manufacture,
import, or processing associated with
any use of the substance without the
following hazard communication: (A) If
PO 00000
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Fmt 4702
Sfmt 4702
74093
the employer becomes aware of any
significant new information regarding
hazards of the substance or ways to
protect against the hazards, the
employer must incorporate this new
information and any information on
methods for protecting against such
hazards, into an SDS as described in
§ 721.72(c) within 90 days from the time
the employer becomes aware of the new
information. If the substance is not
being manufactured, processed, or used
in the employer’s workplace, the
employer must add the new information
to an SDS before the substance is
reintroduced into the workplace.
(B) The employer must ensure that
persons who will receive the substance
from the employer, or who have
received the substance from the
employer within 5 years from the date
the employer becomes aware of the new
information described in paragraph
(a)(2)(i)(A) of this section, are provided
an SDS containing the information
required under paragraph (a)(2)(i)(A) of
this section within 90 days from the
time the employer becomes aware of the
new information.
(ii) Industrial, commercial, and
consumer activities. It is a significant
new use to manufacture the substance
beyond an annual production volume of
2500 lbs. It is a significant new use to
use the substance other than as a textile
treatment additive. It is a significant
new use to manufacture the substance
without the analysis, reporting of the
analysis to EPA, and minimizing of the
impurity content of all confidential
impurities and carbon chain lengths as
described in the Chemical Synthesis
and Composition section of the TSCA
section 5(e) Order for the substance.
(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), (f), and (i) are
applicable to manufacturers, importers,
and processors of this substance.
(2) Limitation or revocation of certain
notification requirements. The
provisions of § 721.185 apply to this
section.
(3) Exemptions. The exemption of
§ 721.45(i) does not apply to this
section.
§ 721.11744
(generic).
Fluoroalkylacrylate copolymer
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as fluoroalkylacrylate
copolymer (PMN P–06–211) is subject to
reporting under this section for the
E:\FR\FM\02DEP1.SGM
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significant new uses described in
paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Hazard communication. A
significant new use of the substance is
any manner or method of manufacture,
import, or processing associated with
any use of the substance without the
following hazard communication: (A) If
the employer becomes aware of any
significant new information regarding
hazards of the substance or ways to
protect against the hazards, the
employer must incorporate this new
information and any information on
methods for protecting against such
hazards, into an SDS as described in
§ 721.72(c) within 90 days from the time
the employer becomes aware of the new
information. If the substance is not
being manufactured, processed, or used
in the employer’s workplace, the
employer must add the new information
to an SDS before the substance is
reintroduced into the workplace.
(B) The employer must ensure that
persons who will receive the substance
from the employer, or who have
received the substance from the
employer within 5 years from the date
the employer becomes aware of the new
information described in paragraph
(a)(2)(i)(A) of this section, are provided
an SDS containing the information
required under paragraph (a)(2)(i)(A) of
this section within 90 days from the
time the employer becomes aware of the
new information.
(ii) Industrial, commercial, and
consumer activities. It is a significant
new use to manufacture the substance
beyond an annual production volume of
2500 lbs. It is a significant new use to
use the substance other than as a textile
treatment additive. It is a significant
new use to manufacture the substance
without the analysis, reporting of the
analysis to EPA, and minimizing of the
impurity content of all confidential
impurities and carbon chain lengths as
described in the Chemical Synthesis
and Composition section of the TSCA
section 5(e) Order for the substance.
(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), (f), and (i) are
applicable to manufacturers, importers,
and processors of this substance.
(2) Limitation or revocation of certain
notification requirements. The
provisions of § 721.185 apply to this
section.
(3) Exemptions. The exemption of
§ 721.45(i) does not apply to this
section.
VerDate Sep<11>2014
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Jkt 259001
§ 721.11745
(generic).
Fluoroalkylacrylate copolymer
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as fluoroalkylacrylate
copolymer (PMN P–06–212) is subject to
reporting under this section for the
significant new uses described in
paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Hazard communication. A
significant new use of the substance is
any manner or method of manufacture,
import, or processing associated with
any use of the substance without the
following hazard communication: (A) If
the employer becomes aware of any
significant new information regarding
hazards of the substance or ways to
protect against the hazards, the
employer must incorporate this new
information and any information on
methods for protecting against such
hazards, into an SDS as described in
§ 721.72(c) within 90 days from the time
the employer becomes aware of the new
information. If the substance is not
being manufactured, processed, or used
in the employer’s workplace, the
employer must add the new information
to an SDS before the substance is
reintroduced into the workplace.
(B) The employer must ensure that
persons who will receive the substance
from the employer, or who have
received the substance from the
employer within 5 years from the date
the employer becomes aware of the new
information described in paragraph
(a)(2)(i)(A) of this section, are provided
an SDS containing the information
required under paragraph (a)(2)(i)(A) of
this section within 90 days from the
time the employer becomes aware of the
new information.
(ii) Industrial, commercial, and
consumer activities. It is a significant
new use to manufacture the substance
beyond an annual production volume of
2500 lbs. It is a significant new use to
use the substance other than as a
nonwoven internal additive. It is a
significant new use to manufacture the
substance without the analysis,
reporting of the analysis to EPA, and
minimizing of the impurity content of
all confidential impurities and carbon
chain lengths as described in the
Chemical Synthesis and Composition
section of the TSCA section 5(e) Order
for the substance.
(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), (f), and (i) are
PO 00000
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Fmt 4702
Sfmt 4702
applicable to manufacturers, importers,
and processors of this substance.
(2) Limitation or revocation of certain
notification requirements. The
provisions of § 721.185 apply to this
section.
(3) Exemptions. The exemption of
§ 721.45(i) does not apply to this
section.
§ 721.11746
(generic).
Fluoroalkylacrylate copolymer
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as fluoroalkylacrylate
copolymer (PMN P–06–213) is subject to
reporting under this section for the
significant new uses described in
paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Hazard communication. A
significant new use of the substance is
any manner or method of manufacture,
import, or processing associated with
any use of the substance without the
following hazard communication: (A) If
the employer becomes aware of any
significant new information regarding
hazards of the substance or ways to
protect against the hazards, the
employer must incorporate this new
information and any information on
methods for protecting against such
hazards, into an SDS as described in
§ 721.72(c) within 90 days from the time
the employer becomes aware of the new
information. If the substance is not
being manufactured, processed, or used
in the employer’s workplace, the
employer must add the new information
to an SDS before the substance is
reintroduced into the workplace.
(B) The employer must ensure that
persons who will receive the substance
from the employer, or who have
received the substance from the
employer within 5 years from the date
the employer becomes aware of the new
information described in paragraph
(a)(2)(i)(A) of this section, are provided
an SDS containing the information
required under paragraph (a)(2)(i)(A) of
this section within 90 days from the
time the employer becomes aware of the
new information.
(ii) Industrial, commercial, and
consumer activities. It is a significant
new use to manufacture the substance
beyond an annual production volume of
2500 lbs. It is a significant new use to
use the substance other than as a carpet
treatment additive. It is a significant
new use to manufacture the substance
without the analysis, reporting of the
analysis to EPA, and minimizing of the
impurity content of all confidential
impurities and carbon chain lengths as
described in the Chemical Synthesis
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and Composition section of the TSCA
section 5(e) Order for the substance.
(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), (f), and (i) are
applicable to manufacturers, importers,
and processors of this substance.
(2) Limitation or revocation of certain
notification requirements. The
provisions of § 721.185 apply to this
section.
(3) Exemptions. The exemption of
§ 721.45(i) does not apply to this
section.
lotter on DSK11XQN23PROD with PROPOSALS1
§ 721.11747
(generic).
Fluoroalkylacrylate copolymer
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as fluoroalkylacrylate
copolymer (PMN P–06–214) is subject to
reporting under this section for the
significant new uses described in
paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Hazard communication. A
significant new use of the substance is
any manner or method of manufacture,
import, or processing associated with
any use of the substance without the
following hazard communication: (A) If
the employer becomes aware of any
significant new information regarding
hazards of the substance or ways to
protect against the hazards, the
employer must incorporate this new
information and any information on
methods for protecting against such
hazards, into an SDS as described in
§ 721.72(c) within 90 days from the time
the employer becomes aware of the new
information. If the substance is not
being manufactured, processed, or used
in the employer’s workplace, the
employer must add the new information
to an SDS before the substance is
reintroduced into the workplace.
(B) The employer must ensure that
persons who will receive the substance
from the employer, or who have
received the substance from the
employer within 5 years from the date
the employer becomes aware of the new
information described in paragraph
(a)(2)(i)(A) of this section, are provided
an SDS containing the information
required under paragraph (a)(2)(i)(A) of
this section within 90 days from the
time the employer becomes aware of the
new information.
(ii) Industrial, commercial, and
consumer activities. It is a significant
new use to manufacture the substance
beyond an annual production volume of
VerDate Sep<11>2014
18:28 Dec 01, 2022
Jkt 259001
2500 lbs. It is a significant new use to
use the substance other than as a paper
treatment additive. It is a significant
new use to manufacture the substance
without the analysis, reporting of the
analysis to EPA, and minimizing of the
impurity content of all confidential
impurities and carbon chain lengths as
described in the Chemical Synthesis
and Composition section of the TSCA
section 5(e) Order for the substance.
(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), (f), and (i) are
applicable to manufacturers, importers,
and processors of this substance.
(2) Limitation or revocation of certain
notification requirements. The
provisions of § 721.185 apply to this
section.
(3) Exemptions. The exemption of
§ 721.45(i) does not apply to this
section.
§ 721.11748
(generic).
Fluoroalkylacrylate copolymer
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as fluoroalkylacrylate
copolymer (PMN P–06–215) is subject to
reporting under this section for the
significant new uses described in
paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Hazard communication. A
significant new use of the substance is
any manner or method of manufacture,
import, or processing associated with
any use of the substance without the
following hazard communication: (A) If
the employer becomes aware of any
significant new information regarding
hazards of the substance or ways to
protect against the hazards, the
employer must incorporate this new
information and any information on
methods for protecting against such
hazards, into an SDS as described in
§ 721.72(c) within 90 days from the time
the employer becomes aware of the new
information. If the substance is not
being manufactured, processed, or used
in the employer’s workplace, the
employer must add the new information
to an SDS before the substance is
reintroduced into the workplace.
(B) The employer must ensure that
persons who will receive the substance
from the employer, or who have
received the substance from the
employer within 5 years from the date
the employer becomes aware of the new
information described in paragraph
(a)(2)(i)(A) of this section, are provided
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74095
an SDS containing the information
required under paragraph (a)(2)(i)(A) of
this section within 90 days from the
time the employer becomes aware of the
new information.
(ii) Industrial, commercial, and
consumer activities. It is a significant
new use to manufacture the substance
beyond an annual production volume of
2500 lbs. It is a significant new use to
use the substance other than as a textile
treatment additive. It is a significant
new use to manufacture the substance
without the analysis, reporting of the
analysis to EPA, and minimizing of the
impurity content of all confidential
impurities and carbon chain lengths as
described in the Chemical Synthesis
and Composition section of the TSCA
section 5(e) Order for the substance.
(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), (f), and (i) are
applicable to manufacturers, importers,
and processors of this substance.
(2) Limitation or revocation of certain
notification requirements. The
provisions of § 721.185 apply to this
section.
(3) Exemptions. The exemption of
§ 721.45(i) does not apply to this
section.
§ 721.11749
(generic).
Fluoroalkylacrylate copolymer
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as fluoroalkylacrylate
copolymer (PMN P–06–216) is subject to
reporting under this section for the
significant new uses described in
paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Hazard communication. A
significant new use of the substance is
any manner or method of manufacture,
import, or processing associated with
any use of the substance without the
following hazard communication: (A) If
the employer becomes aware of any
significant new information regarding
hazards of the substance or ways to
protect against the hazards, the
employer must incorporate this new
information and any information on
methods for protecting against such
hazards, into an SDS as described in
§ 721.72(c) within 90 days from the time
the employer becomes aware of the new
information. If the substance is not
being manufactured, processed, or used
in the employer’s workplace, the
employer must add the new information
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to an SDS before the substance is
reintroduced into the workplace.
(B) The employer must ensure that
persons who will receive the substance
from the employer, or who have
received the substance from the
employer within 5 years from the date
the employer becomes aware of the new
information described in paragraph
(a)(2)(i)(A) of this section, are provided
an SDS containing the information
required under paragraph (a)(2)(i)(A) of
this section within 90 days from the
time the employer becomes aware of the
new information.
(ii) Industrial, commercial, and
consumer activities. It is a significant
new use to manufacture the substance
beyond an annual production volume of
2500 lbs. It is a significant new use to
use the substance other than as a carpet
treatment additive. It is a significant
new use to manufacture the substance
without the analysis, reporting of the
analysis to EPA, and minimizing of the
impurity content of all confidential
impurities and carbon chain lengths as
described in the Chemical Synthesis
and Composition section of the TSCA
section 5(e) Order for the substance.
(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), (f), and (i) are
applicable to manufacturers, importers,
and processors of this substance.
(2) Limitation or revocation of certain
notification requirements. The
provisions of § 721.185 apply to this
section.
(3) Exemptions. The exemption of
§ 721.45(i) does not apply to this
section.
lotter on DSK11XQN23PROD with PROPOSALS1
§ 721.11750
(generic).
Fluoroalkylacrylate copolymer
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as fluoroalkylacrylate
copolymer (PMN P–06–217) is subject to
reporting under this section for the
significant new uses described in
paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Hazard communication. A
significant new use of the substance is
any manner or method of manufacture,
import, or processing associated with
any use of the substance without the
following hazard communication: (A) If
the employer becomes aware of any
significant new information regarding
hazards of the substance or ways to
protect against the hazards, the
employer must incorporate this new
VerDate Sep<11>2014
18:28 Dec 01, 2022
Jkt 259001
information and any information on
methods for protecting against such
hazards, into an SDS as described in
§ 721.72(c) within 90 days from the time
the employer becomes aware of the new
information. If the substance is not
being manufactured, processed, or used
in the employer’s workplace, the
employer must add the new information
to an SDS before the substance is
reintroduced into the workplace.
(B) The employer must ensure that
persons who will receive the substance
from the employer, or who have
received the substance from the
employer within 5 years from the date
the employer becomes aware of the new
information described in paragraph
(a)(2)(i)(A) of this section, are provided
an SDS containing the information
required under paragraph (a)(2)(i)(A) of
this section within 90 days from the
time the employer becomes aware of the
new information.
(ii) Industrial, commercial, and
consumer activities. It is a significant
new use to manufacture the substance
beyond an annual production volume of
2500 lbs. It is a significant new use to
use the substance other than as a textile
treatment additive. It is a significant
new use to manufacture the substance
without the analysis, reporting of the
analysis to EPA, and minimizing of the
impurity content of all confidential
impurities and carbon chain lengths as
described in the Chemical Synthesis
and Composition section of the TSCA
section 5(e) Order for the substance.
(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), (f), and (i) are
applicable to manufacturers, importers,
and processors of this substance.
(2) Limitation or revocation of certain
notification requirements. The
provisions of § 721.185 apply to this
section.
(3) Exemptions. The exemption of
§ 721.45(i) does not apply to this
section.
§ 721.11751
(generic).
Fluoroalkylacrylate copolymer
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as fluoroalkylacrylate
copolymer (PMN P–06–224) is subject to
reporting under this section for the
significant new uses described in
paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Hazard communication. A
significant new use of the substance is
PO 00000
Frm 00074
Fmt 4702
Sfmt 9990
any manner or method of manufacture,
import, or processing associated with
any use of the substance without the
following hazard communication: (A) If
the employer becomes aware of any
significant new information regarding
hazards of the substance or ways to
protect against the hazards, the
employer must incorporate this new
information and any information on
methods for protecting against such
hazards, into an SDS as described in
§ 721.72(c) within 90 days from the time
the employer becomes aware of the new
information. If the substance is not
being manufactured, processed, or used
in the employer’s workplace, the
employer must add the new information
to an SDS before the substance is
reintroduced into the workplace.
(B) The employer must ensure that
persons who will receive the substance
from the employer, or who have
received the substance from the
employer within 5 years from the date
the employer becomes aware of the new
information described in paragraph
(a)(2)(i)(A) of this section, are provided
an SDS containing the information
required under paragraph (a)(2)(i)(A) of
this section within 90 days from the
time the employer becomes aware of the
new information.
(ii) Industrial, commercial, and
consumer activities. It is a significant
new use to manufacture the substance
beyond an annual production volume of
2500 lbs. It is a significant new use to
use the substance other than as a textile
treatment additive. It is a significant
new use to manufacture the substance
without the analysis, reporting of the
analysis to EPA, and minimizing of the
impurity content of all confidential
impurities and carbon chain lengths as
described in the Chemical Synthesis
and Composition section of the TSCA
section 5(e) Order for the substance.
(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), (f), and (i) are
applicable to manufacturers, importers,
and processors of this substance.
(2) Limitation or revocation of certain
notification requirements. The
provisions of § 721.185 apply to this
section.
(3) Exemptions. The exemption of
§ 721.45(i) does not apply to this
section.
[FR Doc. 2022–26252 Filed 12–1–22; 8:45 am]
BILLING CODE 6560–50–P
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Agencies
[Federal Register Volume 87, Number 231 (Friday, December 2, 2022)]
[Proposed Rules]
[Pages 74072-74096]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26252]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 721
[EPA-HQ-OPPT-2021-0847; FRL-9972-01-OCSPP]
RIN 2070-AB27
Significant New Use Rules on Certain Chemical Substances (22-
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 also subject to
Orders issued by EPA pursuant to TSCA. The SNURs would 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,
[[Page 74073]]
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 in association with that
determination.
DATES: Comments must be received on or before January 3, 2023.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPPT-2021-0847, through 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. Additional
instructions on commenting and visiting the docket, along with more
information about dockets generally, is available at 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 any of 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 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, 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 January 3, 2023
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 CBI to EPA through https://www.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) (15 U.S.C.
2604(a)(2)) for certain 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 any of these
chemical substances for an 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.
The docket for these proposed SNURs, identified as docket ID number
EPA-HQ-OPPT-2021-0847, 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. Applicability of General Provisions
General provisions for SNURs appear in 40 CFR part 721, subpart A.
These provisions describe persons subject to the rule, recordkeeping
requirements, exemptions to reporting requirements, and applicability
of the rule to uses occurring before the effective date of the rule.
Provisions relating to user fees appear at 40 CFR part 700. Pursuant to
40 CFR 721.1(c), persons subject to these SNURs must comply with the
same significant new use notice (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
sections 5(b) and 5(d)(1), the exemptions authorized by TSCA sections
5(h)(1), (h)(2), (h)(3), and (h)(5), and the regulations at 40 CFR part
720. Once EPA receives a SNUN and before the manufacture or processing
for the significant new use can commence, 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.
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.
For each proposed SNUR containing significant new uses not based on
the Order requirements as described in Unit III., EPA is proposing that
the general reporting exemption described in 40 CFR 721.45(i) not
apply. 40 CFR 721.45(i) provides that the notification requirements of
40 CFR 721.25 do not apply, unless otherwise specified in a specific
SNUR, if: ``The person is operating under the terms of a consent order
issued under section 5(e) of the Act applicable to that person. If a
provision of such section 5(e) order is inconsistent with a specific
significant new use identified in subpart E of this part, abiding by
the provision of the
[[Page 74074]]
section 5(e) order exempts the person from submitting a significant new
use notice for that specific significant new use.'' EPA is proposing to
make that exemption inapplicable to each SNUR in this proposed rule
with significant new uses not based on Order requirements to ensure
that persons subject to the Order would also be subject to the
significant new use notification requirements in this proposed rule
that are not based on Order requirements.
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.
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 possible uses of these chemical substances, in the
context of the four TSCA section 5(a)(2) factors listed in this unit.
The proposed rules include PMN substances that are subject to
Orders issued under TSCA sections 5(e)(1)(A)(i) and 5(e)(1)(A)(ii)(I),
and in some cases also under TSCA section 5(e)(1)(A)(ii)(II). The TSCA
Orders require protective measures to limit exposures or otherwise
mitigate the potential unreasonable risk. The proposed SNURs identify
significant new uses as any manufacturing, processing, use,
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). The proposed rules also include other significant
new uses EPA proposes to determine are not ongoing based on information
showing that the chemical is either not on the TSCA Inventory or had
limited Chemical Data Reporting (CDR) under TSCA section 8(a).
IV. 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, 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 V. 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 the TSCA 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.
EPA did not previously issue SNURs following these Orders. EPA is
now proposing these SNURs to require notice to EPA by any other person
who wishes to manufacture or process the chemical substance in a way
that does not conform to the protective measures contained in the
Order.
The proposed SNURs also include significant new uses EPA proposes
to determine are not ongoing based either on information showing that
the chemical is not on the TSCA Inventory or based on EPA's review of
CDR reporting submissions under TSCA section 8(a). EPA believes that
these uses could significantly increase the magnitude and duration of
exposure to humans and the environment to these chemical substances.
Accordingly, EPA wants the opportunity to evaluate and manage risks,
where appropriate, from activities associated with those uses, before
manufacturing or processing for those uses were to begin.
If a notice of commencement had not been received for the chemical
and it is not on the TSCA Inventory, the proposed SNUR includes a
significant new use for uses other than as described in the PMN, and
annual production volume greater than 2500 pounds. If the chemical is
on the TSCA Inventory, EPA conducted a search of CDR reporting for the
chemical in the 2020 reporting cycle. If there was no CDR reporting for
the chemical in the 2020 reporting cycle, the proposed SNUR includes
significant new uses for use other than as described in the PMN and
annual production volume greater than the threshold for CDR reporting
for chemicals subject to a TSCA section 5(e) order which is 2500
pounds. If there is CDR reporting for the chemical from the 2020
reporting cycle, the proposed SNUR includes significant new uses for
use other than reported in CDR.
This proposed rule advances one of the ``key actions'' in the PFAS
Strategic Roadmap where EPA stated it plans to revisit past PFAS
regulatory decisions and address those that are insufficiently
protective by imposing additional notification requirements. In this
way, the Agency can ensure it has the opportunity to review PFAS before
they are used in new ways that might present concerns. To view the PFAS
Strategic Roadmap and learn more about EPA actions to address PFAS,
please visit https://www.epa.gov/pfas/epa-actions-address-pfas and
https://www.epa.gov/system/files/documents/2021-10/pfas-roadmap_final-508.pdf.
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, 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 identify as significant new uses, other specific uses
and production volumes that are not ongoing uses and that could result
in changes to the type, form, magnitude, or duration of exposure of
human beings or the environment to these chemical substances.
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.
V. 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 that is
[[Page 74075]]
identified in this unit as subject to this proposed rule:
PMN number (the proposed CFR citation assigned in the
regulatory text section of the proposed rule).
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) or Accession number
(if assigned for confidential chemical identities).
Effective date of and basis for the TSCA section 5(e)
Order.
Potentially Useful Information.
The chemicals subject to these proposed SNURs are as follows:
PMN Number: P-00-1085 (40 CFR 721.11716).
Chemical Name: Fluoroacrylate copolymer (generic).
CAS or Accession Number: Accession No. 249720.
Effective Date of TSCA Order: February 6, 2001.
Basis for TSCA Order: The PMN stated that the generic (non-
confidential) use will be as a surfactant. Based on potential
degradation products, byproducts, unreacted material, and low molecular
weight species, EPA had concerns that these degradation products will
persist in the environment, could bioaccumulate or biomagnify, and
could be toxic (PBT) to people, wild mammals, and birds. Based on
comparison to analogous chemical substances, EPA predicted toxicity to
aquatic organisms may occur at acute concentrations that exceed 100
ppb. The Order was issued under TSCA sections 5(e)(1)(A)(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. The
Order was also issued under TSCA section 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 Order required:
No manufacture of the PMN substance beyond 29 months
without submittal to EPA of the results of certain testing described in
the Testing section of the Order; and
Establishment of certain hazard communication
requirements.
The proposed SNUR would designate as a ``significant new use'' the
absence of the hazard communication requirements. Additionally, the
proposed SNUR would designate the following as significant new uses:
Use other than as a surfactant in paint and coatings
manufacturing.
Potentially Useful Information: EPA has determined that certain
information 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
physical/chemical, acute and chronic human health toxicity, acute and
chronic ecotoxicity, and environmental fate testing may be potentially
useful to characterize the health 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 other relevant information.
Manufacturers or processors considering submitting a SNUN and/or
developing this information should also know that the PMN submitter
agreed not to exceed the time limit specified in the Order without
performing the required testing outlined in the Testing section of the
Order.
PMN Number: P-01-584 (40 CFR 721.11717).
Chemical Name: Perfluoroalkylsulfonamidoalkyl acrylate, polymer
with acrylic acid derivatives (generic).
CAS or Accession Number: Accession No. 254456.
Effective Date of TSCA Order: October 3, 2001.
Basis for TSCA Order: The PMN stated that the generic (non-
confidential) use will be as a surfactant. Based on potential
degradation products, byproducts, unreacted material, and low molecular
weight species, EPA had concerns that these degradation products will
persist in the environment, could bioaccumulate or biomagnify, and
could be toxic (PBT) to people, wild mammals, and birds. Based on
comparison to analogous chemical substances, EPA predicted toxicity to
aquatic organisms may occur at acute concentrations that exceed 100
ppb. The Order was issued under TSCA sections 5(e)(1)(A)(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. The
Order was also issued under TSCA section 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 Order required:
No manufacture of the PMN substance beyond 29 months
without submittal to EPA of the results of certain testing described in
the Testing section of the Order; and
Establishment of certain hazard communication
requirements.
The proposed SNUR would designate as a ``significant new use'' the
absence of the hazard communication requirement. Additionally, the
proposed SNUR would designate the following as significant new uses:
Use other than as a surfactant in adhesive and synthetic
rubber manufacturing.
Potentially Useful Information: EPA has determined that certain
information 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
physical/chemical, acute and chronic human health toxicity, acute and
chronic ecotoxicity, and environmental fate testing performed on a
confidential analog of the PMN substance may be potentially useful to
characterize the health 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 other relevant information.
Manufacturers or processors considering submitting a SNUN and/or
developing this information should also know that the PMN submitter
agreed not to exceed the time limit specified in the Order without
performing the required testing outlined in the Testing section of the
Order.
PMN Number: P-02-16 (40 CFR 721.11718).
Chemical Name: Urethane polymer modified with
perfluoroalkylsulfonamide (generic).
CAS or Accession Number: Accession No. 252290.
Effective Date of TSCA Order: January 30, 2002.
Basis for TSCA Order: The PMN stated that the generic (non-
confidential) use will be as a protective coating. Based on potential
degradation products, byproducts, unreacted material, and low molecular
weight species, EPA had concerns that these
[[Page 74076]]
degradation products will persist in the environment, could
bioaccumulate or biomagnify, and could be toxic (PBT) to people, wild
mammals, and birds. The Order was issued under TSCA sections
5(e)(1)(A)(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. The Order was also issued under TSCA section
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 Order required the establishment of certain hazard
communication requirements.
The proposed SNUR would designate as a ``significant new use'' the
absence of this protective measure. Additionally, the proposed SNUR
would designate the following as significant new uses:
Use other than as a finishing agent in textiles, apparel,
and leather manufacturing.
Potentially Useful Information: EPA has determined that certain
information 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
physical/chemical, acute and chronic human health toxicity, acute and
chronic ecotoxicity, and environmental fate testing performed on
confidential analog of the PMN substance may be potentially useful to
characterize the health 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 other relevant information.
PMN Number: P-02-195 (40 CFR 721.11719).
Chemical Name: Urethane polymer modified with
perfluoroalkylsulfonamide and polyethoxylate (generic).
CAS or Accession Number: Accession No. 271739.
Effective Date of TSCA Order: May 2, 2002.
Basis for TSCA Order: The PMN stated that the generic (non-
confidential) use will be as a protective treatment. Based on potential
degradation products, byproducts, unreacted material, and low molecular
weight species, EPA had concerns that these degradation products will
persist in the environment, could bioaccumulate or biomagnify, and
could be toxic (PBT) to people, wild mammals, and birds. The Order was
issued under TSCA sections 5(e)(1)(A)(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. The Order was also issued
under TSCA section 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 Order required:
Submit to EPA the results of certain testing described in
the Testing section of the Order at least 14 weeks before manufacturing
or importing the confidential volume listed in the Order; and
Establishment of certain hazard communication
requirements.
The proposed SNUR would designate as a ``significant new use'' the
absence of the hazard communication protective measure. Additionally,
the proposed SNUR would designate the following as significant new
uses:
Use other than as a finishing agent in textiles, apparel,
and leather manufacturing.
Potentially Useful Information: EPA has determined that certain
information 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
physical/chemical, acute and chronic human health toxicity, acute and
chronic ecotoxicity, and environmental fate testing performed on the
confidential analog of the PMN substance may be potentially useful to
characterize the health 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 other relevant information.
Manufacturers or processors considering submitting a SNUN and/or
developing this information should also know that the PMN submitter
agreed not to exceed the time limit specified in the Order without
performing the required testing outlined in the Testing section of the
Order.
PMN Number: P-02-609 (40 CFR 721.11720).
Chemical Name: Urethane polymer modified with
perfluoroalkylsulfonamide (generic).
CAS or Accession Number: Accession No. 279755.
Effective Date of TSCA Order: July 22, 2002.
Basis for TSCA Order: The PMN stated that the generic (non-
confidential) use will be as a protective coating. Based on potential
degradation products, byproducts, unreacted material, and low molecular
weight species, EPA had concerns that these degradation products will
persist in the environment, could bioaccumulate or biomagnify, and
could be toxic (PBT) to people, wild mammals, and birds. The Order was
issued under TSCA sections 5(e)(1)(A)(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. The Order was also issued
under TSCA section 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 Order required the establishment of
certain hazard communication requirements.
The proposed SNUR would designate as a ``significant new use'' the
absence of this protective measure. Additionally, the proposed SNUR
would designate the following as significant new uses:
Use other than as an anti-stain agent.
Potentially Useful Information: EPA has determined that certain
information 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
physical/chemical, acute and chronic human health toxicity, acute and
chronic ecotoxicity, and environmental fate testing performed on
confidential analog of the PMN substance may be potentially useful to
characterize the health and environmental effects of the PMN substance.
Although the Order does not require these tests, the Order's
restrictions remain in effect until the
[[Page 74077]]
Order is modified or revoked by EPA based on submission of this or
other relevant information.
PMN Number: P-02-700 (40 CFR 721.11721).
Chemical Name: Copolymer of perfluoroalkylsulfonamidoalkyl acrylate
and alkyl acrylate modified fatty acid dimers (generic).
CAS or Accession Number: Accession No. 259360.
Effective Date of TSCA Order: August 28, 2002.
Basis for TSCA Order: The PMN stated that the generic (non-
confidential) use will be as a protective coating. Based on potential
degradation products, byproducts, unreacted material, and low molecular
weight species, EPA had concerns that these degradation products will
persist in the environment, could bioaccumulate or biomagnify, and
could be toxic (PBT) to people, wild mammals, and birds. The Order was
issued under TSCA sections 5(e)(1)(A)(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. The Order was also issued
under TSCA section 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 Order required the establishment of
certain hazard communication requirements.
The proposed SNUR would designate as a ``significant new use'' the
absence of this protective measure. Additionally, the proposed SNUR
would designate the following as significant new uses:
Use other than as a finishing agent in textiles, apparel,
and leather manufacturing.
Potentially Useful Information: EPA has determined that certain
information 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
physical/chemical, acute and chronic human health toxicity, acute and
chronic ecotoxicity, and environmental fate testing performed on
confidential analog of the PMN substance may be potentially useful to
characterize the health 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 other relevant information.
PMN Number: P-02-891 (40 CFR 721.11722).
Chemical Name: Phosphonium, triphenyl(phenylmethyl)-, salt with
1,1,2,2,3,3,4,4,4-nonafluoro-N-methyl-1-butanesulfonamide (1:1).
CAS or Accession Number: CAS No. 332350-93-3.
Effective Date of TSCA Order: July 15, 2003.
Basis for TSCA Order: The PMN stated that the generic (non-
confidential) use will be as a cure catalyst. Based on potential
degradation products, byproducts, unreacted material, and low molecular
weight species, EPA had concerns that these degradation products will
persist in the environment, could bioaccumulate or biomagnify, and
could be toxic (PBT) to people, wild mammals, and birds. Based on 8(e)
test data on analogous chemical substances, EPA had identified concerns
for possible acute lethality. Based on comparison to analogous chemical
substances, EPA predicted toxicity to aquatic organisms may occur at
concentrations that exceed 2 ppb. The Order was issued under TSCA
sections 5(e)(1)(A)(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
Order requires:
No release of the PMN substance resulting in surface water
concentrations that exceed 1 ppb;
Use of the PMN substance only for the confidential use as
stated in the PMN; and
Establishment of certain hazard communication
requirements.
Potentially Useful Information: EPA has determined that certain
information 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 chronic
human health toxicity, chronic ecotoxicity, and environmental fate
testing performed on the confidential analog of the PMN substance may
be potentially useful to characterize the health 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 other
relevant information.
PMN Number: P-02-920 (40 CFR 721.11223).
Chemical Name: Alkane carboxylic acids esters with long chain fatty
alcohol and fluorinated alkylsulfonamidoalkyl alcohol (generic).
CAS or Accession Number: Accession No. 257922.
Effective Date of TSCA Order: March 25, 2003.
Basis for TSCA Order: The PMN stated that the use will be as an
additive. Based on potential degradation products, byproducts,
unreacted material, and low molecular weight species, EPA had concerns
that these degradation products will persist in the environment, could
bioaccumulate or biomagnify, and could be toxic (PBT) to people, wild
mammals, and birds. The Order was issued under TSCA sections
5(e)(1)(A)(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. The Order was also issued under TSCA section
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 Order required the establishment of certain hazard
communication requirements.
The proposed SNUR would designate as a ``significant new use'' the
absence of this protective measure. Additionally, the proposed SNUR
would designate the following as significant new uses:
Use other than as an additive; and
Manufacture beyond an annual production volume of 2500
lbs.
Potentially Useful Information: EPA has determined that certain
information 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
physical/chemical, acute and chronic human health toxicity, acute and
chronic ecotoxicity, and environmental fate testing performed on
confidential analog of the PMN substance may be potentially useful to
characterize the health and environmental effects of the PMN substance.
Although the Order does not require these tests, the Order's
restrictions remain in effect until the
[[Page 74078]]
Order is modified or revoked by EPA based on submission of this or
other relevant information.
PMN Number: P-03-32 (40 CFR 721.11724).
Chemical Name: Blocked fluorochemical urethane (generic).
CAS or Accession Number: Accession No. 234152.
Effective Date of TSCA Order: June 26, 2003.
Basis for TSCA Order: The PMN stated that the generic (non-
confidential) use will be as a protective treatment. Based on potential
degradation products, byproducts, unreacted material, and low molecular
weight species, EPA had concerns that these degradation products will
persist in the environment, could bioaccumulate or biomagnify, and
could be toxic (PBT) to people, wild mammals, and birds. Based on test
data on structurally similar chemicals, EPA had identified concerns for
lung toxicity and irritation to the eyes and mucous membranes. The
Order was issued under TSCA sections 5(e)(1)(A)(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. The
Order was also issued under TSCA section 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 Order required the
establishment of certain hazard communication requirements.
The proposed SNUR would designate as a ``significant new use'' the
absence of this protective measure. Additionally, the proposed SNUR
would designate the following as significant new uses:
Use other than as a protective treatment; and
Manufacture beyond an annual production volume of 2500
lbs.
Potentially Useful Information: EPA has determined that certain
information 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 human
health toxicity, ecotoxicity, and environmental fate testing performed
on confidential analog of the PMN substance may be potentially useful
to characterize the health 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 other relevant information.
PMN Number: P-03-33 (40 CFR 721.11725).
Chemical Name: Polyperfluoro alkylene glycol, perfluoroalkoxy- and
hydroxy alkyl amido perfluoroalkyl terminated (generic).
CAS or Accession Number: Accession No. 242467.
Effective Date of TSCA Order: June 26, 2003.
Basis for TSCA Order: The PMN stated that the generic (non-
confidential) use will be as a chemical intermediate. Based on
potential degradation products, byproducts, unreacted material, and low
molecular weight species, EPA had concerns that these degradation
products will persist in the environment, could bioaccumulate or
biomagnify, and could be toxic (PBT) to people, wild mammals, and
birds. Based on test data on structurally similar chemicals, EPA had
identified concerns for liver toxicity, acute toxicity, developmental
and reproductive toxicity, and cancer. Based on waterproofing of the
lungs if respirable aerosols are inhaled, EPA had also identified
concerns for chronic lung effects. The Order was issued under TSCA
sections 5(e)(1)(A)(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
Order required:
No manufacture of the PMN substance with an average
molecular weight (MW) less than 1000 daltons, more than 5 percent
oligomeric material less than 500 daltons or more than 10 percent
oligomeric material less than 1000 daltons;
Analyzing the molecular weight of the PMN substance
produced at each facility; and
Establishment of certain hazard communication
requirements.
The proposed SNUR would designate as a ``significant new use'' the
absence of these protective measures. Additionally, the proposed SNUR
would designate the following as significant new uses:
Use other than as a chemical intermediate; and
Manufacture beyond an annual production volume of 2500
lbs.
Potentially Useful Information: EPA has determined that certain
information 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 chronic
human health toxicity testing may be potentially useful to characterize
the health 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
other relevant information.
PMN Number: P-03-67 (40 CFR 721.11726).
Chemical Name: Fluoroalkene substituted alkene polymer (generic).
CAS or Accession Number: Not available.
Effective Date of TSCA Order: July 24, 2003.
Basis for TSCA Order: The PMN stated that the generic (non-
confidential) use will be as a paint additive. Based on potential
degradation products, byproducts, unreacted material, and low molecular
weight species, EPA had concerns that these degradation products will
persist in the environment, could bioaccumulate or biomagnify, and
could be toxic (PBT) to people, wild mammals, and birds. Based on data
on analogous perfluorinated compounds and the high molecular weight of
the PMN substance, EPA had also identified concerns for lung effects
through lung overload. 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 Order required:
Manufacture of the PMN substance as an alternating
copolymer made up of the confidential monomers specified in the Order
to prevent creation of long-chain perfluorinated acids including PFOA;
Analysis of representative samples of the PMN substance or
measurement of initial concentrations of reactants as specified in the
Order to ensure compliance with the chemical composition requirements;
and
Establishment of certain hazard communication
requirements.
The proposed SNUR would designate as a ``significant new use'' the
absence of these protective measures. Additionally, the proposed SNUR
[[Page 74079]]
would designate the following as significant new uses:
Use other than as a paint additive; and
Manufacture beyond an annual production volume of 2500
lbs.
Potentially Useful Information: EPA has determined that certain
information 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
physical/chemical, chronic human health toxicity, and environmental
fate testing may be potentially useful to characterize the health 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
other relevant information.
PMN Number: P-03-77 (40 CFR 721.11727).
Chemical Name: Phosphonium, tributyl (2-methoxypropyl)-, salt with
1,1,2,2,3,3,4,4,4-nonafluoro-N-methyl-1-butanesulfonamide (1:1).
CAS or Accession Number: CAS No. 332350-93-3.
Effective Date of TSCA Order: July 15, 2003.
Basis for TSCA Order: The PMN stated that use will be as a cure
catalyst. Based on potential degradation products, byproducts,
unreacted material, and low molecular weight species, EPA had concerns
that these degradation products will persist in the environment, could
bioaccumulate or biomagnify, and could be toxic (PBT) to people, wild
mammals, and birds. Based on comparison to analogous chemical
substances, EPA had identified concerns for liver toxicity,
developmental and reproductive effects, and irritation to mucous
membranes, lungs, and eye. Based on comparison to analogous cationic
surfactants, EPA predicted concern for toxicity to aquatic organisms.
The Order was issued under TSCA sections 5(e)(1)(A)(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. The
Order was also issued under TSCA section 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 Order required the
establishment of certain hazard communication requirements.
The proposed SNUR would designate as a ``significant new use'' the
absence of this protective measure. Additionally, the proposed SNUR
would designate the following as significant new uses:
Use other than as a cure catalyst or chemical
intermediate.
Potentially Useful Information: EPA has determined that certain
information 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 human
health toxicity, ecotoxicity, and environmental fate testing performed
on confidential analog of the PMN substance may be potentially useful
to characterize the health 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 other relevant information.
PMN Numbers: P-04-174 (40 CFR 721.11728) and P-04-176 (40 CFR
721.11729).
Chemical Names: Fluoroacrylate modified urethane (generic) (P-04-
174) and Fluorinated oligomer alcohol (generic) (P-04-176).
CAS or Accession Numbers: Accession Nos. 238427 (P-04-0174) and
236181 (P-04-0176).
Effective Date of TSCA Order: October 26, 2005.
Basis for TSCA Order: The PMNs stated that the generic (non-
confidential) use of P-04-174 will be as a protective coating and the
use of P-04-176 will be as a chemical intermediate. Based on potential
degradation products, byproducts, unreacted material, and low molecular
weight species, EPA had concerns that these degradation products will
persist in the environment, could bioaccumulate or biomagnify, and
could be toxic (PBT) to people, wild mammals, and birds. The Order was
issued under TSCA sections 5(e)(1)(A)(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. The Order was also issued
under TSCA section 5(e)(1)(A)(ii)(II), based on a finding that the
substances are or will be produced in substantial quantities and that
the substances either enter 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 substances. To
protect against these risks, the Order required:
Submit to EPA the results of certain testing on P-04-174
described in the Testing section of the Order at least 14 weeks before
manufacturing or importing the total confidential volume of both P-04-
174 and P-04-176 combined listed in the Order; and
Establishment of certain hazard communication
requirements.
The proposed SNUR would designate as a ``significant new use'' the
absence of the hazard communication protective measure. Additionally,
the proposed SNUR would designate the following as significant new
uses:
Use other than as a protective coating (P-04-174) or a
chemical intermediate (P-04-176).
Manufacture beyond an annual production volume of 2500 lbs
(P-04-174).
Potentially Useful Information: EPA has determined that certain
information 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 chronic
human health toxicity and chronic ecotoxicity testing performed on the
PMN substances may be potentially useful to characterize the health and
environmental effects of the PMN substances. 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 other relevant information. Manufacturers or processors
considering submitting a SNUN and/or developing this information should
also know that the PMN submitter agreed not to exceed the time limit
specified in the Order without performing the required testing outlined
in the Testing section of the Order.
PMN Numbers: P-05-75 (40 CFR 721.11731), and P-05-107 (40 CFR
721.11732).
Chemical Names: Perfluoroalkylethyl methacrylate copolymer
(generic) (P-05-75) and Perfluoroalkylethyl methacrylate copolymer
organic acid salt (generic) (P-05-107).
CAS or Accession Numbers: Accession Nos. 257171 (P-05-107) and
245831 (P-05-75).
Effective Date of TSCA Order: January 5, 2006.
[[Page 74080]]
Basis for TSCA Order: The PMNs stated that the generic (non-
confidential) uses will be as a textile chemical (P-05-75) and paper/
textile chemical (P-05-107). Based on potential degradation products,
EPA had concerns that these degradation products will persist in the
environment, could bioaccumulate or biomagnify, and could be toxic
(PBT) to people, wild mammals, and birds. Based on comparison to
analogous perfluorinated chemicals, EPA had identified concerns for
lung effects under some conditions of use--particularly non-industrial,
commercial, or consumer use. Based on potential persistent degradation
products, EPA predicted high concern for possible environmental
effects. The Order was issued under TSCA sections 5(e)(1)(A)(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. The
Order was also issued under TSCA section 5(e)(1)(A)(ii)(II), based on a
finding that the substances are or will be produced in substantial
quantities and that the substances either enter 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
substances. To protect against these risks, the Order required:
Submit to EPA the results of certain testing described in
the Testing section of the Order at least 14 weeks before manufacturing
or importing the total confidential volume of P-04-213, P-05-75, and P-
05-107 combined listed in the Order; and
Establishment of certain hazard communication
requirements.
The proposed SNUR would designate as a ``significant new use'' the
absence of the hazard communication protective measure. Additionally,
the proposed SNUR would designate the following as significant new
uses:
Use other than as finishing agents in textiles, apparel,
and leather manufacturing. Potentially Useful Information: EPA has
determined that certain information 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 chronic human health toxicity and
chronic ecotoxicity testing performed on the PMN substances may be
potentially useful to characterize the health and environmental effects
of the PMN substances. 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 other relevant
information. Manufacturers or processors considering submitting a SNUN
and/or developing this information should also know that the PMN
submitter agreed not to exceed the time limit specified in the Order
without performing the required testing outlined in the Testing section
of the Order.
PMN Number: P-04-289 (40 CFR 721.11733).
Chemical Name: Ethylene-tetrafluoroethylene-fluorinated alkene
copolymer (generic).
CAS or Accession Number: Accession No. 258981.
Effective Date of TSCA Order: November 5, 2005.
Basis for TSCA Order: The PMN stated that the use will be as a
copolymer for automotive and industrial parts. Based on potential
incineration, decomposition, and degradation products, byproducts,
unreacted material, and low molecular weight species, EPA had concerns
that these degradation products will persist in the environment, could
bioaccumulate or biomagnify, and could be toxic (PBT) to people, wild
mammals, and birds. The Order was issued under TSCA sections
5(e)(1)(A)(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. The Order was also issued under TSCA section
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 Order required:
Chemical synthesis of the substance and analysis of the
substance demonstrating compliance with the required synthesis
according to the confidential conditions in the Chemical Synthesis and
Composition section of the Order; and
Establishment of certain hazard communication
requirements.
The proposed SNUR would designate as a ``significant new use'' the
absence of these protective measures. Additionally, the proposed SNUR
would designate the following as significant new uses:
Use other than as a copolymer for automotive and
industrial parts; and
Manufacture beyond an annual production volume of 2500
lbs.
Potentially Useful Information: EPA has determined that certain
information 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
impurity data on the starting material and product and information
concerning the manufacture process or other verification that the
products do not contain long chain perfluorinated acids may be
potentially useful to characterize the health 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 other relevant
information.
PMN Number: P-04-537 (40 CFR 721.11334).
Chemical Name: Fluorochemical ester (generic).
CAS or Accession Number: Accession No. 264949.
Effective Date of TSCA Order: April 21, 2005.
Basis for TSCA Order: The PMN stated that the generic (non-
confidential) use will be as a polymer additive. Based on potential
incineration, decomposition, and degradation products, byproducts,
unreacted material, and low molecular weight species, EPA had concerns
that these degradation products will persist in the environment, could
bioaccumulate or biomagnify, and could be toxic (PBT) to people, wild
mammals, and birds. The Order was issued under TSCA sections
5(e)(1)(A)(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. The Order was also issued under TSCA section
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 Order required:
Submit to EPA the results of certain testing described in
the Testing section of the Order at least 14 weeks before manufacturing
or importing the
[[Page 74081]]
aggregate confidential volume listed in the Order; and
Establishment of certain hazard communication
requirements.
The proposed SNUR would designate as a ``significant new use'' the
absence of the hazard communication protective measures. Additionally,
the proposed SNUR would designate the following as significant new
uses:
Use other than as a finishing agent in textiles, apparel,
and leather manufacturing or as a chemical intermediate.
Potentially Useful Information: EPA has determined that certain
information 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 chronic
human health toxicity and chronic ecotoxicity testing may be
potentially useful to characterize the health and environmental effects
of the PMN substance. Manufacturers or processors considering
submitting a SNUN and/or developing this information should also know
that the PMN submitter agreed not to exceed the time limit specified in
the Order without performing the required testing outlined in the
Testing section of the Order.
PMN Numbers: P-05-491 (40 CFR 721.11735), P-05-492 (40 CFR
721.11736), P-05-503 (40 CFR 721.11737), P-05-504 (40 CFR 721.11738),
P-05-505 (40 CFR 721.11739), P-05-838 (40 CFR 721.11740), P-06-206 (40
CFR 721.11741), P-06-207 (40 CFR 721.11742), P-06-208 (40 CFR
721.11743), P-06-211 (40 CFR 721.11744), P-06-212 (40 CFR 721.11745),
P-06-213 (40 CFR 721.11746), P-06-214 (40 CFR 721.11747), P-06-215 (40
CFR 721.11748), P-06-216 (40 CFR 721.11749), P-06-217 (40 CFR
721.11750), and P-06-224 (40 CFR 721.11751).
Chemical Names: Fluoroalkylacrylate copolymer (generic) (P-05-491,
P-05-492, P-05-504, P-05-505, P-05-838, P-06-207, P-06-208, P-06-211,
P-06-212, P-06-213, P-06-214, P-06-215, P-06-216, P-06-217, and P-06-
224), Fluorochemical urethane; (generic) (P-05-503), and Fluoroalkyl
acrylate (generic) (P-06-206).
CAS or Accession Numbers: Not Available.
Effective Date of TSCA Orders: May 1, 2006.
Basis for TSCA Order: The PMNs stated that the generic (non-
confidential) uses will be as textile treatment additives (P-05-491, P-
05-492, P-05-505, P-05-838, P-06-207, P-06-208, P-06-211, P-06-215, P-
06-217, and P-06-224), carpet treatment additive (P-05-503, P-06-213,
and P-06-216), tile surface treatment (P-05-504), monomer for textile
treatment additive (P-06-206), nonwoven internal additive (P-06-212)
and paper treatment additive (P-06-214). Based on potential
incineration and degradation products, byproducts, unreacted material,
and low molecular weight species, EPA had concerns that these
degradation products will persist in the environment, could
bioaccumulate or biomagnify, and could be toxic (PBT) to people, wild
mammals, and birds. Based on comparison to analogous perfluorinated
chemicals, EPA had identified concerns for lung effects. Based on
submitted test data, EPA had also identified concerns for systemic
effects for P-06-206. Based on potential persistent perfluorinated
degradation products and submitted data for P-06-206, EPA predicted
concern for possible environmental effects. The Order was issued under
TSCA sections 5(e)(1)(A)(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. The Order was also issued under
TSCA section 5(e)(1)(A)(ii)(II), based on a finding that the substances
are or will be produced in substantial quantities and that the
substances either enter 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 substances. To
protect against these risks, the Order required:
Submit to EPA the results of certain testing described in
the Testing section of the Order at least 14 weeks before manufacturing
or importing the total confidential volume of all PMNs combined,
excluding volumes of the monomer P-06-206, listed in the Order;
Report annually the impurity content of all confidential
impurities and carbon chain length impurities listed in the Order by
analyzing representative samples; and
Establishment of certain hazard communication program
requirements.
The proposed SNUR would designate as a ``significant new use'' the
absence of the second and third of these protective measures.
Additionally, the proposed SNUR would designate the following as
significant new uses:
Use other than as textile treatment additives (P-05-491,
P-05-492, P-05-505, P-05-838, P-06-207, P-06-208, P-06-211, P-06-215,
P-06-217, and P-06-224), carpet treatment additives (P-05-503, P-06-
213, and P-06-216), a tile surface treatment (P-05-504), a monomer for
textile treatment additives (P-06-206), a nonwoven internal additive
(P-06-212), or a paper treatment additive (P-06-214); and
Manufacture beyond an annual production volume of 2500
lbs.
Potentially Useful Information: EPA has determined that certain
information 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 chronic
human health toxicity, physical/chemical properties, fate, transport,
and chronic ecotoxicity testing performed on the PMN substances may be
potentially useful to characterize the health and environmental effects
of the PMN substances. Manufacturers or processors considering
submitting a SNUN and/or developing this information should also know
that the PMN submitter agreed not to exceed the time limit specified in
the Order without performing the required testing outlined in the
Testing section of the Order.
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 proposed significant new uses are not ongoing.
For chemical substances identified in this proposed rule that have
been 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 Orders have been
issued for these chemical substances, and the PMN submitters are
prohibited by the TSCA Orders from undertaking activities which would
be designated as significant new uses. The identities of many of the
chemical substances subject to this proposed rule have been claimed as
confidential per 40 CFR 720.85. In addition, for other significant new
uses EPA has identified in this proposed rule that are not related to
Order
[[Page 74082]]
requirements, EPA reviewed CDR reporting for those chemicals as
described in Unit IV and determined that the uses were either not
ongoing or were unlikely to be ongoing. Based on this, the Agency
proposes to conclude that none of the significant new uses described in
the regulatory text of this proposed rule are ongoing. EPA solicits
comment on whether any of the uses that would be regulated as a
``significant new use'' if this proposed rule is finalized are ongoing.
EPA designates December 2, 2022 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 after
the date this proposal publishes in the Federal Register, that person
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/tsca-inventory.
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, then TSCA section 5(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 (see 40 CFR
720.50). However, upon review of PMNs and SNUNs, the Agency has the
authority to require appropriate testing. Unit V. lists potentially
useful information for the SNURs listed in this document. Descriptions
of this information is provided for informational purposes. The
potentially useful information identified in Unit V. will be useful to
EPA's evaluation in the event that someone submits a SNUN for the
significant new use.
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 in 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 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). For more information on alternative test methods and
strategies to reduce vertebrate animal testing, visit https://www.epa.gov/assessing-and-managing-chemicals-under-tsca/alternative-test-methods-and-strategies-reduce.
The potentially useful information listed in Unit V. 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 releases 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/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/laws-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 several 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)
The information collection activities associated with SNURs have
already been approved by OMB under the PRA and assigned OMB control
number 2070-0012 (EPA ICR No. 574). This proposed rule does not contain
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.
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.
Send any comments about the accuracy of the burden estimate, and
any suggested methods for minimizing
[[Page 74083]]
respondent burden, including using 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 the RFA section 605(b) (5 U.S.C. 601 et seq.), the
Agency hereby certifies that promulgation of these SNURs 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. 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 10 in Federal fiscal year (FY) FY2016, 14
in FY2017, 16 in FY2018, five in FY2019, seven in FY2020, and 13 in
FY2021, and only a fraction of these were from small businesses. In
addition, the Agency currently offers relief to qualifying small
businesses by reducing the SNUN submission fee from $19,020 to $3,330.
This lower fee reduces the total reporting and recordkeeping of cost of
submitting a SNUN to about $10,094 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 action. As
such, EPA has determined that this proposed rule would not impose any
enforceable duty, contain any unfunded mandate, or otherwise have any
effect on small governments subject to the requirements of UMRA
sections 202, 203, 204, or 205 (2 U.S.C. 1501 et seq.).
E. Executive Order 13132: 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 action would not have Tribal implications as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000), because it is
not expected to have substantial direct effects on Indian Tribes. This
action would not significantly nor uniquely affect the communities of
Indian Tribal governments, nor would it involve or impose any
requirements that affect Indian Tribes.
G. Executive Order 13045: Protection of Children From Environmental
Health Risks 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 action is not subject to Executive Order 13211 (66 FR 28355,
May 22, 2001), because this proposed rule is not expected to affect
energy supply, distribution, or use, and because this action is not
expected to affect energy supply, distribution, or use and because this
action has not otherwise been designated as a significant energy action
by the Administrator of OMB's Office of Information and Regulatory
Affairs.
I. National Technology Transfer and Advancement Act (NTTAA)
This action does not involve any technical standards subject to
NTTAA section 12(d) (15 U.S.C. 272 note).
J. Executive Orders 12898: Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations and 14008:
Tackling the Climate Crisis at Home and Abroad
EPA believes that this action is not subject to Executive Order
12898 (59 FR 7629, February 16, 1994) and Executive Order 14008 (86 FR
7619, January 27, 2021) because it does not establish an environmental
health or safety standard.
List of Subjects in 40 CFR Part 721
Environmental protection, Chemicals, Hazardous substances,
Reporting and recordkeeping requirements.
Dated: November 28, 2022.
Tala Henry,
Deputy Director, Office of Pollution Prevention and Toxics.
Therefore, for the reasons stated in the preamble, it is proposed
that 40 CFR chapter I be amended 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. 721.11716 through 721.11751 to subpart E to read as
follows:
Subpart E-Significant New Uses for Specific Chemical Substances
Sec.
* * * * *
721.11716 Fluoroacrylate copolymer (generic).
721.11717 Perfluoroalkylsulfonamidoalkyl acrylate, polymer with
acrylic acid derivatives (generic).
721.11718 Urethane polymer modified with perfluoroalkylsulfonamide
(generic).
721.11719 Urethane polymer modified with perfluoroalkylsulfonamide
and polyethoxylate (generic).
721.11720 Urethane polymer modified with perfluoroalkylsulfonamide
(generic).
721.11721 Copolymer of perfluoroalkylsulfonamidoalkyl acrylate and
alkyl acrylate modified fatty acid dimers (generic).
721.11722 Phosphonium, triphenyl(phenylmethyl)-, salt with
1,1,2,2,3,3,4,4,4-nonafluoro-N-methyl-1-butanesulfonamide (1:1).
721.11723 Alkane carboxylic acids esters with long chain fatty
alcohol and fluorinated alkylsulfonamidoalkyl alcohol (generic).
[[Page 74084]]
721.11724 Blocked fluorochemical urethane (generic).
721.11725 Polyperfluoro alkylene glycol, perfluoroalkoxy- and
hydroxy alkyl amido perfluoroalkyl terminated (generic).
721.11726 Fluoroalkene substituted alkene polymer (generic).
721.11727 Phosphonium, tributyl (2-methoxypropyl)-, salt with
1,1,2,2,3,3,4,4,4-nonafluoro-N-methyl-1-butanesulfonamide (1:1).
721.11728 Fluoroacrylate modified urethane (generic).
721.11729 Fluorinated oligomer alcohol (generic).
721.11731 Perfluoroalkylethyl methacrylate copolymer (generic).
721.11732 Perfluoroalkylethyl methacrylate copolymer organic acid
salt (generic).
721.11733 Ethylene-tetrafluoroethylene-fluorinated alkene copolymer
(generic).
721.11734 Fluorochemical ester (generic).
721.11735 Fluoroalkylacrylate copolymer (generic).
721.11736 Fluoroalkylacrylate copolymer (generic).
721.11737 Fluorochemical urethane (generic).
721.11738 Fluoroalkylacrylate copolymer (generic).
721.11739 Fluoroalkylacrylate copolymer (generic).
721.11740 Fluoroalkylacrylate copolymer (generic).
721.11741 Fluoroalkyl acrylate (generic).
721.11742 Fluoroalkylacrylate copolymer (generic).
721.11743 Fluoroalkylacrylate copolymer (generic).
721.11744 Fluoroalkylacrylate copolymer (generic).
721.11745 Fluoroalkylacrylate copolymer (generic).
721.11746 Fluoroalkylacrylate copolymer (generic).
721.11747 Fluoroalkylacrylate copolymer (generic).
721.11748 Fluoroalkylacrylate copolymer (generic).
721.11749 Fluoroalkylacrylate copolymer (generic).
721.11750 Fluoroalkylacrylate copolymer (generic).
721.11751 Fluoroalkylacrylate copolymer (generic).
Sec. 721.11716 Fluoroacrylate copolymer (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as a
fluoroacrylate copolymer (PMN P-00-1085; Accession No. 249720) is
subject to reporting under this section for the significant new uses
described in paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Hazard communication. A significant new use of the substance is
any manner or method of manufacture, import, or processing associated
with any use of the substance without the following hazard
communication: (A) If the employer becomes aware of any significant new
information regarding hazards of the substance or ways to protect
against the hazards, the employer must incorporate this new information
and any information on methods for protecting against such hazards,
into an SDS as described in Sec. 721.72(c) within 90 days from the
time the employer becomes aware of the new information. If the
substance is not being manufactured, processed, or used in the
employer's workplace, the employer must add the new information to an
SDS before the substance is reintroduced into the workplace.
(B) The employer must ensure that persons who will receive the
substance from the employer, or who have received the substance from
the employer within 5 years from the date the employer becomes aware of
the new information described in paragraph (a)(2)(i)(A) of this
section, are provided an SDS containing the information required under
paragraph (a)(2)(i)(A) of this section within 90 days from the time the
employer becomes aware of the new information.
(ii) Industrial, commercial, and consumer activities. It is a
significant new use to use the substance other than as a surfactant in
paint and coatings manufacturing.
(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), (f), and (i) are applicable to manufacturers,
importers, and processors of this substance.
(2) Limitation or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
(3) Exemptions. The exemption of Sec. 721.45(i) does not apply to
this section.
Sec. 721.11717 Perfluoroalkyl sulfonamidoalkyl acrylate, polymer with
acrylic acid derivatives (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
perfluoroalkylsulfonamidoalkyl acrylate, polymer with acrylic acid
derivatives (PMN P-01-584; Accession No. 254456) is subject to
reporting under this section for the significant new uses described in
paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Hazard communication. A significant new use of the substance is
any manner or method of manufacture, import, or processing associated
with any use of the substance without the following hazard
communication: (A) If the employer becomes aware of any significant new
information regarding hazards of the substance or ways to protect
against the hazards, the employer must incorporate this new information
and any information on methods for protecting against such hazards,
into an SDS as described in Sec. 721.72(c) within 90 days from the
time the employer becomes aware of the new information. If the
substance is not being manufactured, processed, or used in the
employer's workplace, the employer must add the new information to an
SDS before the substance is reintroduced into the workplace.
(B) The employer must ensure that persons who will receive the
substance from the employer, or who have received the substance from
the employer within 5 years from the date the employer becomes aware of
the new information described in paragraph (a)(2)(i)(A) of this
section, are provided an SDS containing the information required under
paragraph (a)(2)(i)(A) of this section within 90 days from the time the
employer becomes aware of the new information.
(ii) Industrial, commercial, and consumer activities. It is a
significant new use to use the substance other than as a surfactant in
adhesive and synthetic rubber manufacturing.
(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), (f), and (i) are applicable to manufacturers,
importers, and processors of this substance.
(2) Limitation or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
(3) Exemptions. The exemption of Sec. 721.45(i) does not apply to
this section.
Sec. 721.11718 Urethane polymer modified with
perfluoroalkylsulfonamide (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
urethane polymer modified with perfluoroalkylsulfonamide (PMN P-02-16;
Accession No. 252290) is subject to reporting under this section for
the significant new uses described in paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Hazard communication. A significant new use of the substance is
[[Page 74085]]
any manner or method of manufacture, import, or processing associated
with any use of the substance without the following hazard
communication: (A) If the employer becomes aware of any significant new
information regarding hazards of the substance or ways to protect
against the hazards, the employer must incorporate this new information
and any information on methods for protecting against such hazards,
into an SDS as described in Sec. 721.72(c) within 90 days from the
time the employer becomes aware of the new information. If the
substance is not being manufactured, processed, or used in the
employer's workplace, the employer must add the new information to an
SDS before the substance is reintroduced into the workplace.
(B) The employer must ensure that persons who will receive the
substance from the employer, or who have received the substance from
the employer within 5 years from the date the employer becomes aware of
the new information described in paragraph (a)(2)(i)(A) of this
section, are provided an SDS containing the information required under
paragraph (a)(2)(i)(A) of this section within 90 days from the time the
employer becomes aware of the new information.
(ii) Industrial, commercial, and consumer activities. It is a
significant new use to use the substance other than as a finishing
agent in textiles, apparel, and leather manufacturing.
(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), (f), and (i) are applicable to manufacturers,
importers, and processors of this substance.
(2) Limitation or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
(3) Exemptions. The exemption of Sec. 721.45(i) does not apply to
this section.
Sec. 721.11719 Urethane polymer modified with
perfluoroalkylsulfonamide and polyethoxylate (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
urethane polymer modified with perfluoroalkylsulfonamide and
polyethoxylate (PMN P-02-195; Accession No. 271739) is subject to
reporting under this section for the significant new uses described in
paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Hazard communication: A significant new use of the substance is
any manner or method of manufacture, import, or processing associated
with any use of the substance without the following hazard
communication: (A) If the employer becomes aware of any significant new
information regarding hazards of the substance or ways to protect
against the hazards, the employer must incorporate this new information
and any information on methods for protecting against such hazards,
into an SDS as described in Sec. 721.72(c) within 90 days from the
time the employer becomes aware of the new information. If the
substance is not being manufactured, processed, or used in the
employer's workplace, the employer must add the new information to an
SDS before the substance is reintroduced into the workplace.
(B) The employer must ensure that persons who will receive the
substance from the employer, or who have received the substance from
the employer within 5 years from the date the employer becomes aware of
the new information described in paragraph (a)(2)(i)(A) of this
section, are provided an SDS containing the information required under
paragraph (a)(2)(i)(A) of this section within 90 days from the time the
employer becomes aware of the new information.
(ii) Industrial, commercial, and consumer activities. It is a
significant new use to use the substance other than as a finishing
agent in textiles, apparel, and leather manufacturing.
(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), (f), and (i) are applicable to manufacturers,
importers, and processors of this substance.
(2) Limitation or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
(3) Exemptions. The exemption of Sec. 721.45(i) does not apply to
this section.
Sec. 721.11720 Urethane polymer modified with
perfluoroalkylsulfonamide (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
urethane polymer modified with perfluoroalkylsulfonamide (PMN P-02-609;
Accession No. 279755) is subject to reporting under this section for
the significant new uses described in paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Hazard communication. A significant new use of the substance is
any manner or method of manufacture, import, or processing associated
with any use of the substance without the following hazard
communication: (A) If the employer becomes aware of any significant new
information regarding hazards of the substance or ways to protect
against the hazards, the employer must incorporate this new information
and any information on methods for protecting against such hazards,
into an SDS as described in Sec. 721.72(c) within 90 days from the
time the employer becomes aware of the new information. If the
substance is not being manufactured, processed, or used in the
employer's workplace, the employer must add the new information to an
SDS before the substance is reintroduced into the workplace.
(B) The employer must ensure that persons who will receive the
substance from the employer, or who have received the substance from
the employer within 5 years from the date the employer becomes aware of
the new information described in paragraph (a)(2)(i)(A) of this
section, are provided an SDS containing the information required under
paragraph (a)(2)(i)(A) of this section within 90 days from the time the
employer becomes aware of the new information.
(ii) Industrial, commercial, and consumer activities. It is a
significant new use to use the substance other than as an anti-stain
agent.
(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), (f), and (i) are applicable to manufacturers,
importers, and processors of this substance.
(2) Limitation or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
(3) Exemptions. The exemption of Sec. 721.45(i) does not apply to
this section.
Sec. 721.11721 Copolymer of perfluoroalkylsulfonamidoalkyl acrylate
and alkyl acrylate modified fatty acid dimers (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
copolymer of perfluoroalkylsulfonamidoalkyl acrylate and alkyl acrylate
modified fatty acid
[[Page 74086]]
dimers (PMN P-02-700; Accession No. 259360) is subject to reporting
under this section for the significant new uses described in paragraph
(a)(2) of this section.
(2) The significant new uses are:
(i) Hazard communication. A significant new use of the substance is
any manner or method of manufacture, import, or processing associated
with any use of the substance without the following hazard
communication: (A) If the employer becomes aware of any significant new
information regarding hazards of the substance or ways to protect
against the hazards, the employer must incorporate this new information
and any information on methods for protecting against such hazards,
into an SDS as described in Sec. 721.72(c) within 90 days from the
time the employer becomes aware of the new information. If the
substance is not being manufactured, processed, or used in the
employer's workplace, the employer must add the new information to an
SDS before the substance is reintroduced into the workplace.
(B) The employer must ensure that persons who will receive the
substance from the employer, or who have received the substance from
the employer within 5 years from the date the employer becomes aware of
the new information described in paragraph (a)(2)(i)(A) of this
section, are provided an SDS containing the information required under
paragraph (a)(2)(i)(A) of this section within 90 days from the time the
employer becomes aware of the new information.
(ii) Industrial, commercial, and consumer activities. It is a
significant new use to use the substance other than as a finishing
agent in textiles, apparel, and leather manufacturing.
(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), (f), and (i) are applicable to manufacturers,
importers, and processors of this substance.
(2) Limitation or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
(3) Exemptions. The exemption of Sec. 721.45(i) does not apply to
this section.
Sec. 721.11722 Phosphonium, triphenyl(phenylmethyl)-, salt with
1,1,2,2,3,3,4,4,4-nonafluoro-N-methyl-1-butanesulfonamide (1:1).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified as phosphonium,
triphenyl(phenylmethyl)-, salt with 1,1,2,2,3,3,4,4,4-nonafluoro-N-
methyl-1-butanesulfonamide (1:1) (PMN P-02-891; CAS No. 332350-93-3) is
subject to reporting under this section for the significant new uses
described in paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Hazard communication. A significant new use of the substance is
any manner or method of manufacture, import, or processing associated
with any use of the substance without the following hazard
communication: (A) If the employer becomes aware of any significant new
information regarding hazards of the substance or ways to protect
against the hazards, the employer must incorporate this new information
and any information on methods for protecting against such hazards,
into an SDS as described in Sec. 721.72(c) within 90 days from the
time the employer becomes aware of the new information. If the
substance is not being manufactured, processed, or used in the
employer's workplace, the employer must add the new information to an
SDS before the substance is reintroduced into the workplace.
(B) The employer must ensure that persons who will receive the
substance from the employer, or who have received the substance from
the employer within 5 years from the date the employer becomes aware of
the new information described in paragraph (a)(2)(i)(A) of this
section, are provided an SDS containing the information required under
paragraph (a)(2)(i)(A) of this section within 90 days from the time the
employer becomes aware of the new information.
(ii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(j).
(iii) Release to water. Requirements as specified in Sec.
721.90(a)(4), (b)(4), and (c)(4) where N=1.
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (c), (f), (i), and (k) are applicable to
manufacturers, importers, and processors of this substance.
(2) Limitation or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
(3) Exemptions. The exemption of Sec. 721.45(i) does not apply to
this section.
Sec. 721.11723 Alkane carboxylic acids esters with long chain fatty
alcohol and fluorinated alkylsulfonamidoalkyl alcohol (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as alkane
carboxylic acids esters with long chain fatty alcohol and fluorinated
alkylsulfonamidoalkyl alcohol (PMN P-02-920; Accession No. 257922) is
subject to reporting under this section for the significant new uses
described in paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Hazard communication. A significant new use of the substance is
any manner or method of manufacture, import, or processing associated
with any use of the substance without the following hazard
communication: (A) If the employer becomes aware of any significant new
information regarding hazards of the substance or ways to protect
against the hazards, the employer must incorporate this new information
and any information on methods for protecting against such hazards,
into an SDS as described in Sec. 721.72(c) within 90 days from the
time the employer becomes aware of the new information. If the
substance is not being manufactured, processed, or used in the
employer's workplace, the employer must add the new information to an
SDS before the substance is reintroduced into the workplace.
(B) The employer must ensure that persons who will receive the
substance from the employer, or who have received the substance from
the employer within 5 years from the date the employer becomes aware of
the new information described in paragraph (a)(2)(i)(A) of this
section, are provided an SDS containing the information required under
paragraph (a)(2)(i)(A) of this section within 90 days from the time the
employer becomes aware of the new information.
(ii) Industrial, commercial, and consumer activities. It is a
significant new use to use the substance other than as an additive. It
is a significant new use to manufacture the substance beyond an annual
production volume of 2500 lbs.
(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), a (f), and (i) are applicable to manufacturers,
importers, and processors of this substance.
(2) Limitation or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
[[Page 74087]]
(3) Exemptions. The exemption of Sec. 721.45(i) does not apply to
this section.
Sec. 721.11724 Blocked fluorochemical urethane (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as blocked
fluorochemical urethane (PMN P-03-32; Accession No. 242467) is subject
to reporting under this section for the significant new uses described
in paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Hazard communication. A significant new use of the substance is
any manner or method of manufacture, import, or processing associated
with any use of the substance without the following hazard
communication: (A) If the employer becomes aware of any significant new
information regarding hazards of the substance or ways to protect
against the hazards, the employer must incorporate this new information
and any information on methods for protecting against such hazards,
into an SDS as described in Sec. 721.72(c) within 90 days from the
time the employer becomes aware of the new information. If the
substance is not being manufactured, processed, or used in the
employer's workplace, the employer must add the new information to an
SDS before the substance is reintroduced into the workplace.
(B) The employer must ensure that persons who will receive the
substance from the employer, or who have received the substance from
the employer within 5 years from the date the employer becomes aware of
the new information described in paragraph (a)(2)(i)(A) of this
section, are provided an SDS containing the information required under
paragraph (a)(2)(i)(A) of this section within 90 days from the time the
employer becomes aware of the new information.
(ii) Industrial, commercial, and consumer activities. It is a
significant new use to use the substance other than as a protective
treatment. It is a significant new use to manufacture the substance
beyond an annual production volume of 2500 lbs.
(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), (f), and (i) are applicable to manufacturers,
importers, and processors of this substance.
(2) Limitation or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
(3) Exemptions. The exemption of Sec. 721.45(i) does not apply to
this section.
Sec. 721.11725 Polyperfluoro alkylene glycol, perfluoroalkoxy- and
hydroxy alkyl amido perfluoroalkyl terminated (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
polyperfluoro alkylene glycol, perfluoroalkoxy- and hydroxy alkyl amido
perfluoroalkyl terminated (PMN P-03-33; Accession No. 242467) is
subject to reporting under this section for the significant new uses
described in paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Hazard communication. A significant new use of the substance is
any manner or method of manufacture, import, or processing associated
with any use of the substance without the following hazard
communication: (A) If the employer becomes aware of any significant new
information regarding hazards of the substance or ways to protect
against the hazards, the employer must incorporate this new information
and any information on methods for protecting against such hazards,
into an SDS as described in Sec. 721.72(c) within 90 days from the
time the employer becomes aware of the new information. If the
substance is not being manufactured, processed, or used in the
employer's workplace, the employer must add the new information to an
SDS before the substance is reintroduced into the workplace.
(B) The employer must ensure that persons who will receive the
substance from the employer, or who have received the substance from
the employer within 5 years from the date the employer becomes aware of
the new information described in paragraph (a)(2)(i)(A) of this
section, are provided an SDS containing the information required under
paragraph (a)(2)(i)(A) of this section within 90 days from the time the
employer becomes aware of the new information.
(ii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(g). It is a significant new use to
manufacture the substance with an average molecular weight less than
1000 daltons, more than 5 percent oligomeric material less than 500
daltons, or more than 10 percent oligomeric material less than 1000
daltons. It is a significant new use to manufacture the substance
without analyzing the molecular weight of the substance produced at
each facility as described in the TSCA 5(e) order for the substance. It
is a significant new use to manufacture the substance beyond an annual
production volume of 2500 lbs.
(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), (f), and (i) are applicable to manufacturers,
importers, and processors of this substance.
(2) Limitation or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
(3) Exemptions. The exemption of Sec. 721.45(i) does not apply to
this section.
Sec. 721.11726 Fluoroalkene substituted alkene polymer (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
fluoroalkene substituted alkene polymer (PMN P-03-67) is subject to
reporting under this section for the significant new uses described in
paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Hazard communication. A significant new use of the substance is
any manner or method of manufacture, import, or processing associated
with any use of the substance without the following hazard
communication: (A) If the employer becomes aware of any significant new
information regarding hazards of the substance or ways to protect
against the hazards, the employer must incorporate this new information
and any information on methods for protecting against such hazards,
into an SDS as described in Sec. 721.72(c) within 90 days from the
time the employer becomes aware of the new information. If the
substance is not being manufactured, processed, or used in the
employer's workplace, the employer must add the new information to an
SDS before the substance is reintroduced into the workplace.
(B) The employer must ensure that persons who will receive the
substance from the employer, or who have received the substance from
the employer within 5 years from the date the employer becomes aware of
the new information described in paragraph (a)(2)(i)(A) of this
section, are provided an SDS containing the information required under
paragraph (a)(2)(i)(A) of this section within 90 days from the time the
employer becomes aware of the new information.
(ii) Industrial, commercial, and consumer activities. It is a
significant new use to manufacture the substance
[[Page 74088]]
other than primarily as an alternating copolymer made up of the
confidential monomers specified in the Order to prevent creation of
long-chain perfluorinated acids including PFOA. It is a significant new
use to manufacture or import the substance without analyzing
representative samples of the substance or measuring initial
concentrations of reactants consistent with the procedure specified in
the TSCA Order. It is a significant new use to use the substance other
than as a paint additive. It is a significant new use to manufacture
the substance beyond an annual production volume of 2500 lbs.
(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), (f), and (i) are applicable to manufacturers,
importers, and processors of this substance.
(2) Limitation or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
(3) Exemptions. The exemption of Sec. 721.45(i) does not apply to
this section.
Sec. 721.11727 Phosphonium, tributyl (2-methoxypropyl)-, salt with
1,1,2,2,3,3,4,4,4-nonafluoro-N-methyl-1-butanesulfonamide (1:1).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified as Phosphonium,
tributyl (2-methoxypropyl)-, salt with 1,1,2,2,3,3,4,4,4-nonafluoro-N-
methyl-1-butanesulfonamide (1:1) (PMN P-03-77; CAS No. 332350-93-3) is
subject to reporting under this section for the significant new uses
described in paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Hazard communication. A significant new use of the substance is
any manner or method of manufacture, import, or processing associated
with any use of the substance without the following hazard
communication: (A) If the employer becomes aware of any significant new
information regarding hazards of the substance or ways to protect
against the hazards, the employer must incorporate this new information
and any information on methods for protecting against such hazards,
into an SDS as described in Sec. 721.72(c) within 90 days from the
time the employer becomes aware of the new information. If the
substance is not being manufactured, processed, or used in the
employer's workplace, the employer must add the new information to an
SDS before the substance is reintroduced into the workplace.
(B) The employer must ensure that persons who will receive the
substance from the employer, or who have received the substance from
the employer within 5 years from the date the employer becomes aware of
the new information described in paragraph (a)(2)(i)(A) of this
section, are provided an SDS containing the information required under
paragraph (a)(2)(i)(A) of this section within 90 days from the time the
employer becomes aware of the new information.
(ii) Industrial, commercial, and consumer activities. It is a
significant new use to use the substance other than as a cure catalyst
or a chemical intermediate.
(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), (f), and (i) are applicable to manufacturers,
importers, and processors of this substance.
(2) Limitation or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
(3) Exemptions. The exemption of Sec. 721.45(i) does not apply to
this section.
Sec. 721.11728 Fluoroacrylate modified urethane (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
fluoroacrylate modified urethane (PMN P-04-174; Accession No. 238427)
is subject to reporting under this section for the significant new uses
described in paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Hazard communication. A significant new use of the substance is
any manner or method of manufacture, import, or processing associated
with any use of the substance without the following hazard
communication: (A) If the employer becomes aware of any significant new
information regarding hazards of the substance or ways to protect
against the hazards, the employer must incorporate this new information
and any information on methods for protecting against such hazards,
into an SDS as described in Sec. 721.72(c) within 90 days from the
time the employer becomes aware of the new information. If the
substance is not being manufactured, processed, or used in the
employer's workplace, the employer must add the new information to an
SDS before the substance is reintroduced into the workplace.
(B) The employer must ensure that persons who will receive the
substance from the employer, or who have received the substance from
the employer within 5 years from the date the employer becomes aware of
the new information described in paragraph (a)(2)(i)(A) of this
section, are provided an SDS containing the information required under
paragraph (a)(2)(i)(A) of this section within 90 days from the time the
employer becomes aware of the new information.
(ii) Industrial, commercial, and consumer activities. It is a
significant new use to manufacture the substance beyond an annual
production volume of 2500 lbs. It is a significant new use to use the
substance other than as a protective coating.
(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), (f), and (i) are applicable to manufacturers,
importers, and processors of this substance.
(2) Limitation or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
(3) Exemptions. The exemption of Sec. 721.45(i) does not apply to
this section.
Sec. 721.11729 Fluorinated oligomer alcohol (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
fluorinated oligomer alcohol (PMN P-04-176; Accession No. 236181) is
subject to reporting under this section for the significant new uses
described in paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Hazard communication. A significant new use of the substance is
any manner or method of manufacture, import, or processing associated
with any use of the substance without the following hazard
communication: (A) If the employer becomes aware of any significant new
information regarding hazards of the substance or ways to protect
against the hazards, the employer must incorporate this new information
and any information on methods for protecting against such hazards,
into an SDS as described in Sec. 721.72(c) within 90 days from the
time the employer becomes aware of the new information. If the
substance is not being manufactured, processed, or used
[[Page 74089]]
in the employer's workplace, the employer must add the new information
to an SDS before the substance is reintroduced into the workplace.
(B) The employer must ensure that persons who will receive the
substance from the employer, or who have received the substance from
the employer within 5 years from the date the employer becomes aware of
the new information described in paragraph (a)(2)(i)(A) of this
section, are provided an SDS containing the information required under
paragraph (a)(2)(i)(A) of this section within 90 days from the time the
employer becomes aware of the new information.
(ii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(g).
(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), (f), and (i) are applicable to manufacturers,
importers, and processors of this substance.
(2) Limitation or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
(3) Exemptions. The exemption of Sec. 721.45(i) does not apply to
this section.
Sec. 721.11731 Perfluoroalkylethyl methacrylate copolymer (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
perfluoroalkylethyl methacrylate copolymer (PMN P-05-75; Accession No.
245831) is subject to reporting under this section for the significant
new uses described in paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Hazard communication. A significant new use of the substance is
any manner or method of manufacture, import, or processing associated
with any use of the substance without the following hazard
communication: (A) If the employer becomes aware of any significant new
information regarding hazards of the substance or ways to protect
against the hazards, the employer must incorporate this new information
and any information on methods for protecting against such hazards,
into an SDS as described in Sec. 721.72(c) within 90 days from the
time the employer becomes aware of the new information. If the
substance is not being manufactured, processed, or used in the
employer's workplace, the employer must add the new information to an
SDS before the substance is reintroduced into the workplace.
(B) The employer must ensure that persons who will receive the
substance from the employer, or who have received the substance from
the employer within 5 years from the date the employer becomes aware of
the new information described in paragraph (a)(2)(i)(A) of this
section, are provided an SDS containing the information required under
paragraph (a)(2)(i)(A) of this section within 90 days from the time the
employer becomes aware of the new information.
(ii) Industrial, commercial, and consumer activities. It is a
significant new use to use the substance other than as a finishing
agent in textiles, apparel, and leather manufacturing.
(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), (f), and (i) are applicable to manufacturers,
importers, and processors of this substance.
(2) Limitation or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
(3) Exemptions. The exemption of Sec. 721.45(i) does not apply to
this section.
Sec. 721.11732 Perfluoroalkylethyl methacrylate copolymer organic
acid salt (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
perfluoroalkylethyl methacrylate copolymer organic acid salt (PMN P-05-
107: Accession No. 257171) is subject to reporting under this section
for the significant new uses described in paragraph (a)(2) of this
section.
(2) The significant new uses are:
(i) Hazard communication. A significant new use of the substance is
any manner or method of manufacture, import, or processing associated
with any use of the substance without the following hazard
communication: (A) If the employer becomes aware of any significant new
information regarding hazards of the substance or ways to protect
against the hazards, the employer must incorporate this new information
and any information on methods for protecting against such hazards,
into an SDS as described in Sec. 721.72(c) within 90 days from the
time the employer becomes aware of the new information. If the
substance is not being manufactured, processed, or used in the
employer's workplace, the employer must add the new information to an
SDS before the substance is reintroduced into the workplace.
(B) The employer must ensure that persons who will receive the
substance from the employer, or who have received the substance from
the employer within 5 years from the date the employer becomes aware of
the new information described in paragraph (a)(2)(i)(A) of this
section, are provided an SDS containing the information required under
paragraph (a)(2)(i)(A) of this section within 90 days from the time the
employer becomes aware of the new information.
(ii) Industrial, commercial, and consumer activities. It is a
significant new use to use the substance other than as a finishing
agent in textiles, apparel, and leather manufacturing.
(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), (f), and (i) are applicable to manufacturers,
importers, and processors of this substance.
(2) Limitation or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
(3) Exemptions. The exemption of Sec. 721.45(i) does not apply to
this section.
Sec. 721.11733 Ethylene-tetrafluoroethylene-fluorinated alkene
copolymer (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
ethylene-tetrafluoroethylene-fluorinated alkene copolymer (PMN P-04-
289; Accession No. 258981) is subject to reporting under this section
for the significant new uses described in paragraph (a)(2) of this
section.
(2) The significant new uses are:
(i) Hazard communication. A significant new use of the substance is
any manner or method of manufacture, import, or processing associated
with any use of the substance without the following hazard
communication: (A) If the employer becomes aware of any significant new
information regarding hazards of the substance or ways to protect
against the hazards, the employer must incorporate this new information
and any information on methods for protecting against such hazards,
into an SDS as described in Sec. 721.72(c) within 90 days from the
time the employer becomes aware of the new information. If the
substance is not
[[Page 74090]]
being manufactured, processed, or used in the employer's workplace, the
employer must add the new information to an SDS before the substance is
reintroduced into the workplace.
(B) The employer must ensure that persons who will receive the
substance from the employer, or who have received the substance from
the employer within 5 years from the date the employer becomes aware of
the new information described in paragraph (a)(2)(i)(A) of this
section, are provided an SDS containing the information required under
paragraph (a)(2)(i)(A) of this section within 90 days from the time the
employer becomes aware of the new information.
(ii) Industrial, commercial, and consumer activities. It is a
significant new use to manufacture the substance other than according
to the confidential synthesis and composition requirements in the
Order. It is a significant new use to use the substance other than as a
copolymer for automotive and industrial parts. It is a significant new
use to manufacture the substance beyond an annual production volume of
2500 lbs.
(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), (f), and (i) are applicable to manufacturers,
importers, and processors of this substance.
(2) Limitation or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
(3) Exemptions. The exemption of Sec. 721.45(i) does not apply to
this section.
Sec. 721.11734 Fluorochemical ester (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
fluorochemical ester (PMN P-04-537; Accession No. 264949) is subject to
reporting under this section for the significant new uses described in
paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Hazard communication. A significant new use of the substance is
any manner or method of manufacture, import, or processing associated
with any use of the substance without the following hazard
communication: (A) If the employer becomes aware of any significant new
information regarding hazards of the substance or ways to protect
against the hazards, the employer must incorporate this new information
and any information on methods for protecting against such hazards,
into an SDS as described in Sec. 721.72(c) within 90 days from the
time the employer becomes aware of the new information. If the
substance is not being manufactured, processed, or used in the
employer's workplace, the employer must add the new information to an
SDS before the substance is reintroduced into the workplace.
(B) The employer must ensure that persons who will receive the
substance from the employer, or who have received the substance from
the employer within 5 years from the date the employer becomes aware of
the new information described in paragraph (a)(2)(i)(A) of this
section, are provided an SDS containing the information required under
paragraph (a)(2)(i)(A) of this section within 90 days from the time the
employer becomes aware of the new information.
(ii) Industrial, commercial, and consumer activities. It is a
significant new use to use the substance other than as a finishing
agent in textiles, apparel, and leather manufacturing or as a chemical
intermediate.
(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), (f), and (i) are applicable to manufacturers,
importers, and processors of this substance.
(2) Limitation or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
(3) Exemptions. The exemption of Sec. 721.45(i) does not apply to
this section.
Sec. 721.11735 Fluoroalkylacrylate copolymer (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
fluoroalkylacrylate copolymer (PMN P-05-491) is subject to reporting
under this section for the significant new uses described in paragraph
(a)(2) of this section.
(2) The significant new uses are:
(i) Hazard communication. A significant new use of the substance is
any manner or method of manufacture, import, or processing associated
with any use of the substance without the following hazard
communication: (A) If the employer becomes aware of any significant new
information regarding hazards of the substance or ways to protect
against the hazards, the employer must incorporate this new information
and any information on methods for protecting against such hazards,
into an SDS as described in Sec. 721.72(c) within 90 days from the
time the employer becomes aware of the new information. If the
substance is not being manufactured, processed, or used in the
employer's workplace, the employer must add the new information to an
SDS before the substance is reintroduced into the workplace.
(B) The employer must ensure that persons who will receive the
substance from the employer, or who have received the substance from
the employer within 5 years from the date the employer becomes aware of
the new information described in paragraph (a)(2)(i)(A) of this
section, are provided an SDS containing the information required under
paragraph (a)(2)(i)(A) of this section within 90 days from the time the
employer becomes aware of the new information.
(ii) Industrial, commercial, and consumer activities. It is a
significant new use to manufacture the substance beyond an annual
production volume of 2500 lbs. It is a significant new use to use the
substance other than as a textile treatment additive. It is a
significant new use to manufacture the substance without the analysis,
reporting of the analysis to EPA, and minimizing of the impurity
content of all confidential impurities and carbon chain lengths as
described in the Chemical Synthesis and Composition section of the TSCA
section 5(e) Order for the substance.
(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), (f), and (i) are applicable to manufacturers,
importers, and processors of this substance.
(2) Limitation or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
(3) Exemptions. The exemption of Sec. 721.45(i) does not apply to
this section.
Sec. 721.11736 Fluoroalkylacrylate copolymer (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
fluoroalkylacrylate copolymer (PMN P-05-492) is subject to reporting
under this section for the significant new uses described in paragraph
(a)(2) of this section.
(2) The significant new uses are:
(i) Hazard communication: A significant new use of the substance is
any manner or method of manufacture,
[[Page 74091]]
import, or processing associated with any use of the substance without
the following hazard communication: (A) If the employer becomes aware
of any significant new information regarding hazards of the substance
or ways to protect against the hazards, the employer must incorporate
this new information and any information on methods for protecting
against such hazards, into an SDS as described in Sec. 721.72(c)
within 90 days from the time the employer becomes aware of the new
information. If the substance is not being manufactured, processed, or
used in the employer's workplace, the employer must add the new
information to an SDS before the substance is reintroduced into the
workplace.
(B) The employer must ensure that persons who will receive the
substance from the employer, or who have received the substance from
the employer within 5 years from the date the employer becomes aware of
the new information described in paragraph (a)(2)(i)(A) of this
section, are provided an SDS containing the information required under
paragraph (a)(2)(i)(A) of this section within 90 days from the time the
employer becomes aware of the new information.
(ii) Industrial, commercial, and consumer activities. It is a
significant new use to manufacture the substance beyond an annual
production volume of 2500 lbs. It is a significant new use to use the
substance other than as a textile treatment additive. It is a
significant new use to manufacture the substance without the analysis,
reporting of the analysis to EPA, and minimizing of the impurity
content of all confidential impurities and carbon chain lengths as
described in the Chemical Synthesis and Composition section of the TSCA
section 5(e) Order for the substance.
(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), (f), and (i) are applicable to manufacturers,
importers, and processors of this substance.
(2) Limitation or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
(3) Exemptions. The exemption of Sec. 721.45(i) does not apply to
this section.
Sec. 721.11737 Fluorochemical urethane (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
fluorochemical urethane (PMN P-05-503) is subject to reporting under
this section for the significant new uses described in paragraph (a)(2)
of this section.
(2) The significant new uses are:
(i) Hazard communication. A significant new use of the substance is
any manner or method of manufacture, import, or processing associated
with any use of the substance without the following hazard
communication: (A) If the employer becomes aware of any significant new
information regarding hazards of the substance or ways to protect
against the hazards, the employer must incorporate this new information
and any information on methods for protecting against such hazards,
into an SDS as described in Sec. 721.72(c) within 90 days from the
time the employer becomes aware of the new information. If the
substance is not being manufactured, processed, or used in the
employer's workplace, the employer must add the new information to an
SDS before the substance is reintroduced into the workplace.
(B) The employer must ensure that persons who will receive the
substance from the employer, or who have received the substance from
the employer within 5 years from the date the employer becomes aware of
the new information described in paragraph (a)(2)(i)(A) of this
section, are provided an SDS containing the information required under
paragraph (a)(2)(i)(A) of this section within 90 days from the time the
employer becomes aware of the new information.
(ii) Industrial, commercial, and consumer activities. It is a
significant new use to manufacture the substance beyond an annual
production volume of 2500 lbs. It is a significant new use to use the
substance other than as a carpet treatment additive. It is a
significant new use to manufacture the substance without the analysis,
reporting of the analysis to EPA, and minimizing of the impurity
content of all confidential impurities and carbon chain lengths as
described in the Chemical Synthesis and Composition section of the TSCA
section 5(e) Order for the substance.
(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), (f), and (i) are applicable to manufacturers,
importers, and processors of this substance.
(2) Limitation or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
(3) Exemptions. The exemption of Sec. 721.45(i) does not apply to
this section.
Sec. 721.11738 Fluoroalkylacrylate copolymer (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
fluoroalkylacrylate copolymer (PMN P-05-504) is subject to reporting
under this section for the significant new uses described in paragraph
(a)(2) of this section.
(2) The significant new uses are:
(i) Hazard communication. A significant new use of the substance is
any manner or method of manufacture, import, or processing associated
with any use of the substance without the following hazard
communication: (A) If the employer becomes aware of any significant new
information regarding hazards of the substance or ways to protect
against the hazards, the employer must incorporate this new information
and any information on methods for protecting against such hazards,
into an SDS as described in Sec. 721.72(c) within 90 days from the
time the employer becomes aware of the new information. If the
substance is not being manufactured, processed, or used in the
employer's workplace, the employer must add the new information to an
SDS before the substance is reintroduced into the workplace.
(B) The employer must ensure that persons who will receive the
substance from the employer, or who have received the substance from
the employer within 5 years from the date the employer becomes aware of
the new information described in paragraph (a)(2)(i)(A) of this
section, are provided an SDS containing the information required under
paragraph (a)(2)(i)(A) of this section within 90 days from the time the
employer becomes aware of the new information.
(ii) Industrial, commercial, and consumer activities. It is a
significant new use to manufacture the substance beyond an annual
production volume of 2500 lbs. It is a significant new use to use the
substance other than as a tile surface treatment additive. It is a
significant new use to manufacture the substance without the analysis,
reporting of the analysis to EPA, and minimizing of the impurity
content of all confidential impurities and carbon chain lengths as
described in the Chemical Synthesis and Composition section of the TSCA
section 5(e) Order for the substance.
(b) Specific requirements. The provisions of subpart A of this part
[[Page 74092]]
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (c), (f), and (i) are applicable to manufacturers,
importers, and processors of this substance.
(2) Limitation or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
(3) Exemptions. The exemption of Sec. 721.45(i) does not apply to
this section.
Sec. 721.11739 Fluoroalkylacrylate copolymer (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
fluoroalkylacrylate copolymer (PMN P-05-505) is subject to reporting
under this section for the significant new uses described in paragraph
(a)(2) of this section.
(2) The significant new uses are:
(i) Hazard communication. A significant new use of the substance is
any manner or method of manufacture, import, or processing associated
with any use of the substance without the following hazard
communication: (A) If the employer becomes aware of any significant new
information regarding hazards of the substance or ways to protect
against the hazards, the employer must incorporate this new information
and any information on methods for protecting against such hazards,
into an SDS as described in Sec. 721.72(c) within 90 days from the
time the employer becomes aware of the new information. If the
substance is not being manufactured, processed, or used in the
employer's workplace, the employer must add the new information to an
SDS before the substance is reintroduced into the workplace.
(B) The employer must ensure that persons who will receive the
substance from the employer, or who have received the substance from
the employer within 5 years from the date the employer becomes aware of
the new information described in paragraph (a)(2)(i)(A) of this
section, are provided an SDS containing the information required under
paragraph (a)(2)(i)(A) of this section within 90 days from the time the
employer becomes aware of the new information.
(ii) Industrial, commercial, and consumer activities. It is a
significant new use to manufacture the substance beyond an annual
production volume of 2500 lbs. It is a significant new use to use the
substance other than as a textile treatment additive. It is a
significant new use to manufacture the substance without the analysis,
reporting of the analysis to EPA, and minimizing of the impurity
content of all confidential impurities and carbon chain lengths as
described in the Chemical Synthesis and Composition section of the TSCA
section 5(e) Order for the substance.
(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), (f), and (i) are applicable to manufacturers,
importers, and processors of this substance.
(2) Limitation or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
(3) Exemptions. The exemption of Sec. 721.45(i) does not apply to
this section.
Sec. 721.11740 Fluoroalkylacrylate copolymer (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
fluoroalkylacrylate copolymer (PMN P-05-838) is subject to reporting
under this section for the significant new uses described in paragraph
(a)(2) of this section.
(2) The significant new uses are:
(i) Hazard communication. A significant new use of the substance is
any manner or method of manufacture, import, or processing associated
with any use of the substance without the following hazard
communication: (A) If the employer becomes aware of any significant new
information regarding hazards of the substance or ways to protect
against the hazards, the employer must incorporate this new information
and any information on methods for protecting against such hazards,
into an SDS as described in Sec. 721.72(c) within 90 days from the
time the employer becomes aware of the new information. If the
substance is not being manufactured, processed, or used in the
employer's workplace, the employer must add the new information to an
SDS before the substance is reintroduced into the workplace.
(B) The employer must ensure that persons who will receive the
substance from the employer, or who have received the substance from
the employer within 5 years from the date the employer becomes aware of
the new information described in paragraph (a)(2)(i)(A) of this
section, are provided an SDS containing the information required under
paragraph (a)(2)(i)(A) of this section within 90 days from the time the
employer becomes aware of the new information.
(ii) Industrial, commercial, and consumer activities. It is a
significant new use to manufacture the substance beyond an annual
production volume of 2500 lbs. It is a significant new use to use the
substance other than as a textile treatment additive. It is a
significant new use to manufacture the substance without the analysis,
reporting of the analysis to EPA, and minimizing of the impurity
content of all confidential impurities and carbon chain lengths as
described in the Chemical Synthesis and Composition section of the TSCA
section 5(e) Order for the substance.
(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), (f), and (i) are applicable to manufacturers,
importers, and processors of this substance.
(2) Limitation or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
(3) Exemptions. The exemption of Sec. 721.45(i) does not apply to
this section.
Sec. 721.11741 Fluoroalkyl acrylate (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
fluoroalkyl acrylate (PMN P-06-206) is subject to reporting under this
section for the significant new uses described in paragraph (a)(2) of
this section.
(2) The significant new uses are:
(i) Hazard communication. A significant new use of the substance is
any manner or method of manufacture, import, or processing associated
with any use of the substance without the following hazard
communication: (A) If the employer becomes aware of any significant new
information regarding hazards of the substance or ways to protect
against the hazards, the employer must incorporate this new information
and any information on methods for protecting against such hazards,
into an SDS as described in Sec. 721.72(c) within 90 days from the
time the employer becomes aware of the new information. If the
substance is not being manufactured, processed, or used in the
employer's workplace, the employer must add the new information to an
SDS before the substance is reintroduced into the workplace.
(B) The employer must ensure that persons who will receive the
substance from the employer, or who have
[[Page 74093]]
received the substance from the employer within 5 years from the date
the employer becomes aware of the new information described in
paragraph (a)(2)(i)(A) of this section, are provided an SDS containing
the information required under paragraph (a)(2)(i)(A) of this section
within 90 days from the time the employer becomes aware of the new
information.
(ii) Industrial, commercial, and consumer activities. It is a
significant new use to manufacture the substance beyond an annual
production volume of 2500 lbs. It is a significant new use to use the
substance other than as a monomer for textile treatment additives. It
is a significant new use to manufacture the substance without the
analysis, reporting of the analysis to EPA, and minimizing of the
impurity content of all confidential impurities and carbon chain
lengths as described in the Chemical Synthesis and Composition section
of the TSCA section 5(e) Order for the substance.
(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), (f), and (i) are applicable to manufacturers,
importers, and processors of this substance.
(2) Limitation or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
(3) Exemptions. The exemption of Sec. 721.45(i) does not apply to
this section.
Sec. 721.11742 Fluoroalkylacrylate copolymer (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
fluoroalkylacrylate copolymer (PMN P-06-207) is subject to reporting
under this section for the significant new uses described in paragraph
(a)(2) of this section.
(2) The significant new uses are:
(i) Hazard communication. A significant new use of the substance is
any manner or method of manufacture, import, or processing associated
with any use of the substance without the following hazard
communication: (A) If the employer becomes aware of any significant new
information regarding hazards of the substance or ways to protect
against the hazards, the employer must incorporate this new information
and any information on methods for protecting against such hazards,
into an SDS as described in Sec. 721.72(c) within 90 days from the
time the employer becomes aware of the new information. If the
substance is not being manufactured, processed, or used in the
employer's workplace, the employer must add the new information to an
SDS before the substance is reintroduced into the workplace.
(B) The employer must ensure that persons who will receive the
substance from the employer, or who have received the substance from
the employer within 5 years from the date the employer becomes aware of
the new information described in paragraph (a)(2)(i)(A) of this
section, are provided an SDS containing the information required under
paragraph (a)(2)(i)(A) of this section within 90 days from the time the
employer becomes aware of the new information.
(ii) Industrial, commercial, and consumer activities. It is a
significant new use to manufacture the substance beyond an annual
production volume of 2500 lbs. It is a significant new use to use the
substance other than as a textile treatment additive. It is a
significant new use to manufacture the substance without the analysis,
reporting of the analysis to EPA, and minimizing of the impurity
content of all confidential impurities and carbon chain lengths as
described in the Chemical Synthesis and Composition section of the TSCA
section 5(e) Order for the substance.
(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), (f), and (i) are applicable to manufacturers,
importers, and processors of this substance.
(2) Limitation or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
(3) Exemptions. The exemption of Sec. 721.45(i) does not apply to
this section.
Sec. 721.11743 Fluoroalkylacrylate copolymer (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
fluoroalkylacrylate copolymer (PMN P-06-208) is subject to reporting
under this section for the significant new uses described in paragraph
(a)(2) of this section.
(2) The significant new uses are:
(i) Hazard communication. A significant new use of the substance is
any manner or method of manufacture, import, or processing associated
with any use of the substance without the following hazard
communication: (A) If the employer becomes aware of any significant new
information regarding hazards of the substance or ways to protect
against the hazards, the employer must incorporate this new information
and any information on methods for protecting against such hazards,
into an SDS as described in Sec. 721.72(c) within 90 days from the
time the employer becomes aware of the new information. If the
substance is not being manufactured, processed, or used in the
employer's workplace, the employer must add the new information to an
SDS before the substance is reintroduced into the workplace.
(B) The employer must ensure that persons who will receive the
substance from the employer, or who have received the substance from
the employer within 5 years from the date the employer becomes aware of
the new information described in paragraph (a)(2)(i)(A) of this
section, are provided an SDS containing the information required under
paragraph (a)(2)(i)(A) of this section within 90 days from the time the
employer becomes aware of the new information.
(ii) Industrial, commercial, and consumer activities. It is a
significant new use to manufacture the substance beyond an annual
production volume of 2500 lbs. It is a significant new use to use the
substance other than as a textile treatment additive. It is a
significant new use to manufacture the substance without the analysis,
reporting of the analysis to EPA, and minimizing of the impurity
content of all confidential impurities and carbon chain lengths as
described in the Chemical Synthesis and Composition section of the TSCA
section 5(e) Order for the substance.
(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), (f), and (i) are applicable to manufacturers,
importers, and processors of this substance.
(2) Limitation or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
(3) Exemptions. The exemption of Sec. 721.45(i) does not apply to
this section.
Sec. 721.11744 Fluoroalkylacrylate copolymer (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
fluoroalkylacrylate copolymer (PMN P-06-211) is subject to reporting
under this section for the
[[Page 74094]]
significant new uses described in paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Hazard communication. A significant new use of the substance is
any manner or method of manufacture, import, or processing associated
with any use of the substance without the following hazard
communication: (A) If the employer becomes aware of any significant new
information regarding hazards of the substance or ways to protect
against the hazards, the employer must incorporate this new information
and any information on methods for protecting against such hazards,
into an SDS as described in Sec. 721.72(c) within 90 days from the
time the employer becomes aware of the new information. If the
substance is not being manufactured, processed, or used in the
employer's workplace, the employer must add the new information to an
SDS before the substance is reintroduced into the workplace.
(B) The employer must ensure that persons who will receive the
substance from the employer, or who have received the substance from
the employer within 5 years from the date the employer becomes aware of
the new information described in paragraph (a)(2)(i)(A) of this
section, are provided an SDS containing the information required under
paragraph (a)(2)(i)(A) of this section within 90 days from the time the
employer becomes aware of the new information.
(ii) Industrial, commercial, and consumer activities. It is a
significant new use to manufacture the substance beyond an annual
production volume of 2500 lbs. It is a significant new use to use the
substance other than as a textile treatment additive. It is a
significant new use to manufacture the substance without the analysis,
reporting of the analysis to EPA, and minimizing of the impurity
content of all confidential impurities and carbon chain lengths as
described in the Chemical Synthesis and Composition section of the TSCA
section 5(e) Order for the substance.
(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), (f), and (i) are applicable to manufacturers,
importers, and processors of this substance.
(2) Limitation or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
(3) Exemptions. The exemption of Sec. 721.45(i) does not apply to
this section.
Sec. 721.11745 Fluoroalkylacrylate copolymer (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
fluoroalkylacrylate copolymer (PMN P-06-212) is subject to reporting
under this section for the significant new uses described in paragraph
(a)(2) of this section.
(2) The significant new uses are:
(i) Hazard communication. A significant new use of the substance is
any manner or method of manufacture, import, or processing associated
with any use of the substance without the following hazard
communication: (A) If the employer becomes aware of any significant new
information regarding hazards of the substance or ways to protect
against the hazards, the employer must incorporate this new information
and any information on methods for protecting against such hazards,
into an SDS as described in Sec. 721.72(c) within 90 days from the
time the employer becomes aware of the new information. If the
substance is not being manufactured, processed, or used in the
employer's workplace, the employer must add the new information to an
SDS before the substance is reintroduced into the workplace.
(B) The employer must ensure that persons who will receive the
substance from the employer, or who have received the substance from
the employer within 5 years from the date the employer becomes aware of
the new information described in paragraph (a)(2)(i)(A) of this
section, are provided an SDS containing the information required under
paragraph (a)(2)(i)(A) of this section within 90 days from the time the
employer becomes aware of the new information.
(ii) Industrial, commercial, and consumer activities. It is a
significant new use to manufacture the substance beyond an annual
production volume of 2500 lbs. It is a significant new use to use the
substance other than as a nonwoven internal additive. It is a
significant new use to manufacture the substance without the analysis,
reporting of the analysis to EPA, and minimizing of the impurity
content of all confidential impurities and carbon chain lengths as
described in the Chemical Synthesis and Composition section of the TSCA
section 5(e) Order for the substance.
(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), (f), and (i) are applicable to manufacturers,
importers, and processors of this substance.
(2) Limitation or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
(3) Exemptions. The exemption of Sec. 721.45(i) does not apply to
this section.
Sec. 721.11746 Fluoroalkylacrylate copolymer (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
fluoroalkylacrylate copolymer (PMN P-06-213) is subject to reporting
under this section for the significant new uses described in paragraph
(a)(2) of this section.
(2) The significant new uses are:
(i) Hazard communication. A significant new use of the substance is
any manner or method of manufacture, import, or processing associated
with any use of the substance without the following hazard
communication: (A) If the employer becomes aware of any significant new
information regarding hazards of the substance or ways to protect
against the hazards, the employer must incorporate this new information
and any information on methods for protecting against such hazards,
into an SDS as described in Sec. 721.72(c) within 90 days from the
time the employer becomes aware of the new information. If the
substance is not being manufactured, processed, or used in the
employer's workplace, the employer must add the new information to an
SDS before the substance is reintroduced into the workplace.
(B) The employer must ensure that persons who will receive the
substance from the employer, or who have received the substance from
the employer within 5 years from the date the employer becomes aware of
the new information described in paragraph (a)(2)(i)(A) of this
section, are provided an SDS containing the information required under
paragraph (a)(2)(i)(A) of this section within 90 days from the time the
employer becomes aware of the new information.
(ii) Industrial, commercial, and consumer activities. It is a
significant new use to manufacture the substance beyond an annual
production volume of 2500 lbs. It is a significant new use to use the
substance other than as a carpet treatment additive. It is a
significant new use to manufacture the substance without the analysis,
reporting of the analysis to EPA, and minimizing of the impurity
content of all confidential impurities and carbon chain lengths as
described in the Chemical Synthesis
[[Page 74095]]
and Composition section of the TSCA section 5(e) Order for the
substance.
(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), (f), and (i) are applicable to manufacturers,
importers, and processors of this substance.
(2) Limitation or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
(3) Exemptions. The exemption of Sec. 721.45(i) does not apply to
this section.
Sec. 721.11747 Fluoroalkylacrylate copolymer (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
fluoroalkylacrylate copolymer (PMN P-06-214) is subject to reporting
under this section for the significant new uses described in paragraph
(a)(2) of this section.
(2) The significant new uses are:
(i) Hazard communication. A significant new use of the substance is
any manner or method of manufacture, import, or processing associated
with any use of the substance without the following hazard
communication: (A) If the employer becomes aware of any significant new
information regarding hazards of the substance or ways to protect
against the hazards, the employer must incorporate this new information
and any information on methods for protecting against such hazards,
into an SDS as described in Sec. 721.72(c) within 90 days from the
time the employer becomes aware of the new information. If the
substance is not being manufactured, processed, or used in the
employer's workplace, the employer must add the new information to an
SDS before the substance is reintroduced into the workplace.
(B) The employer must ensure that persons who will receive the
substance from the employer, or who have received the substance from
the employer within 5 years from the date the employer becomes aware of
the new information described in paragraph (a)(2)(i)(A) of this
section, are provided an SDS containing the information required under
paragraph (a)(2)(i)(A) of this section within 90 days from the time the
employer becomes aware of the new information.
(ii) Industrial, commercial, and consumer activities. It is a
significant new use to manufacture the substance beyond an annual
production volume of 2500 lbs. It is a significant new use to use the
substance other than as a paper treatment additive. It is a significant
new use to manufacture the substance without the analysis, reporting of
the analysis to EPA, and minimizing of the impurity content of all
confidential impurities and carbon chain lengths as described in the
Chemical Synthesis and Composition section of the TSCA section 5(e)
Order for the substance.
(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), (f), and (i) are applicable to manufacturers,
importers, and processors of this substance.
(2) Limitation or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
(3) Exemptions. The exemption of Sec. 721.45(i) does not apply to
this section.
Sec. 721.11748 Fluoroalkylacrylate copolymer (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
fluoroalkylacrylate copolymer (PMN P-06-215) is subject to reporting
under this section for the significant new uses described in paragraph
(a)(2) of this section.
(2) The significant new uses are:
(i) Hazard communication. A significant new use of the substance is
any manner or method of manufacture, import, or processing associated
with any use of the substance without the following hazard
communication: (A) If the employer becomes aware of any significant new
information regarding hazards of the substance or ways to protect
against the hazards, the employer must incorporate this new information
and any information on methods for protecting against such hazards,
into an SDS as described in Sec. 721.72(c) within 90 days from the
time the employer becomes aware of the new information. If the
substance is not being manufactured, processed, or used in the
employer's workplace, the employer must add the new information to an
SDS before the substance is reintroduced into the workplace.
(B) The employer must ensure that persons who will receive the
substance from the employer, or who have received the substance from
the employer within 5 years from the date the employer becomes aware of
the new information described in paragraph (a)(2)(i)(A) of this
section, are provided an SDS containing the information required under
paragraph (a)(2)(i)(A) of this section within 90 days from the time the
employer becomes aware of the new information.
(ii) Industrial, commercial, and consumer activities. It is a
significant new use to manufacture the substance beyond an annual
production volume of 2500 lbs. It is a significant new use to use the
substance other than as a textile treatment additive. It is a
significant new use to manufacture the substance without the analysis,
reporting of the analysis to EPA, and minimizing of the impurity
content of all confidential impurities and carbon chain lengths as
described in the Chemical Synthesis and Composition section of the TSCA
section 5(e) Order for the substance.
(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), (f), and (i) are applicable to manufacturers,
importers, and processors of this substance.
(2) Limitation or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
(3) Exemptions. The exemption of Sec. 721.45(i) does not apply to
this section.
Sec. 721.11749 Fluoroalkylacrylate copolymer (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
fluoroalkylacrylate copolymer (PMN P-06-216) is subject to reporting
under this section for the significant new uses described in paragraph
(a)(2) of this section.
(2) The significant new uses are:
(i) Hazard communication. A significant new use of the substance is
any manner or method of manufacture, import, or processing associated
with any use of the substance without the following hazard
communication: (A) If the employer becomes aware of any significant new
information regarding hazards of the substance or ways to protect
against the hazards, the employer must incorporate this new information
and any information on methods for protecting against such hazards,
into an SDS as described in Sec. 721.72(c) within 90 days from the
time the employer becomes aware of the new information. If the
substance is not being manufactured, processed, or used in the
employer's workplace, the employer must add the new information
[[Page 74096]]
to an SDS before the substance is reintroduced into the workplace.
(B) The employer must ensure that persons who will receive the
substance from the employer, or who have received the substance from
the employer within 5 years from the date the employer becomes aware of
the new information described in paragraph (a)(2)(i)(A) of this
section, are provided an SDS containing the information required under
paragraph (a)(2)(i)(A) of this section within 90 days from the time the
employer becomes aware of the new information.
(ii) Industrial, commercial, and consumer activities. It is a
significant new use to manufacture the substance beyond an annual
production volume of 2500 lbs. It is a significant new use to use the
substance other than as a carpet treatment additive. It is a
significant new use to manufacture the substance without the analysis,
reporting of the analysis to EPA, and minimizing of the impurity
content of all confidential impurities and carbon chain lengths as
described in the Chemical Synthesis and Composition section of the TSCA
section 5(e) Order for the substance.
(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), (f), and (i) are applicable to manufacturers,
importers, and processors of this substance.
(2) Limitation or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
(3) Exemptions. The exemption of Sec. 721.45(i) does not apply to
this section.
Sec. 721.11750 Fluoroalkylacrylate copolymer (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
fluoroalkylacrylate copolymer (PMN P-06-217) is subject to reporting
under this section for the significant new uses described in paragraph
(a)(2) of this section.
(2) The significant new uses are:
(i) Hazard communication. A significant new use of the substance is
any manner or method of manufacture, import, or processing associated
with any use of the substance without the following hazard
communication: (A) If the employer becomes aware of any significant new
information regarding hazards of the substance or ways to protect
against the hazards, the employer must incorporate this new information
and any information on methods for protecting against such hazards,
into an SDS as described in Sec. 721.72(c) within 90 days from the
time the employer becomes aware of the new information. If the
substance is not being manufactured, processed, or used in the
employer's workplace, the employer must add the new information to an
SDS before the substance is reintroduced into the workplace.
(B) The employer must ensure that persons who will receive the
substance from the employer, or who have received the substance from
the employer within 5 years from the date the employer becomes aware of
the new information described in paragraph (a)(2)(i)(A) of this
section, are provided an SDS containing the information required under
paragraph (a)(2)(i)(A) of this section within 90 days from the time the
employer becomes aware of the new information.
(ii) Industrial, commercial, and consumer activities. It is a
significant new use to manufacture the substance beyond an annual
production volume of 2500 lbs. It is a significant new use to use the
substance other than as a textile treatment additive. It is a
significant new use to manufacture the substance without the analysis,
reporting of the analysis to EPA, and minimizing of the impurity
content of all confidential impurities and carbon chain lengths as
described in the Chemical Synthesis and Composition section of the TSCA
section 5(e) Order for the substance.
(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), (f), and (i) are applicable to manufacturers,
importers, and processors of this substance.
(2) Limitation or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
(3) Exemptions. The exemption of Sec. 721.45(i) does not apply to
this section.
Sec. 721.11751 Fluoroalkylacrylate copolymer (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
fluoroalkylacrylate copolymer (PMN P-06-224) is subject to reporting
under this section for the significant new uses described in paragraph
(a)(2) of this section.
(2) The significant new uses are:
(i) Hazard communication. A significant new use of the substance is
any manner or method of manufacture, import, or processing associated
with any use of the substance without the following hazard
communication: (A) If the employer becomes aware of any significant new
information regarding hazards of the substance or ways to protect
against the hazards, the employer must incorporate this new information
and any information on methods for protecting against such hazards,
into an SDS as described in Sec. 721.72(c) within 90 days from the
time the employer becomes aware of the new information. If the
substance is not being manufactured, processed, or used in the
employer's workplace, the employer must add the new information to an
SDS before the substance is reintroduced into the workplace.
(B) The employer must ensure that persons who will receive the
substance from the employer, or who have received the substance from
the employer within 5 years from the date the employer becomes aware of
the new information described in paragraph (a)(2)(i)(A) of this
section, are provided an SDS containing the information required under
paragraph (a)(2)(i)(A) of this section within 90 days from the time the
employer becomes aware of the new information.
(ii) Industrial, commercial, and consumer activities. It is a
significant new use to manufacture the substance beyond an annual
production volume of 2500 lbs. It is a significant new use to use the
substance other than as a textile treatment additive. It is a
significant new use to manufacture the substance without the analysis,
reporting of the analysis to EPA, and minimizing of the impurity
content of all confidential impurities and carbon chain lengths as
described in the Chemical Synthesis and Composition section of the TSCA
section 5(e) Order for the substance.
(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), (f), and (i) are applicable to manufacturers,
importers, and processors of this substance.
(2) Limitation or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
(3) Exemptions. The exemption of Sec. 721.45(i) does not apply to
this section.
[FR Doc. 2022-26252 Filed 12-1-22; 8:45 am]
BILLING CODE 6560-50-P