Significant New Use Rules on Certain Chemical Substances (23-2.5e), 39804-39818 [2023-13012]
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 721
[EPA–HQ–OPPT–2023–0245; FRL–10985–
01–OCSPP]
RIN 2070–AB27
Significant New Use Rules on Certain
Chemical Substances (23–2.5e)
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
EPA is proposing significant
new use rules (SNURs) under the Toxic
Substances Control Act (TSCA) for
certain chemical substances that were
the subject of premanufacture notices
(PMNs) and are also subject to an Order
issued by EPA pursuant to TSCA. The
SNURs require persons who intend to
manufacture (defined by statute to
include import) or process any of these
chemical substances for an activity that
is proposed as a significant new use by
this rule to notify EPA at least 90 days
before commencing that activity. The
required notification initiates EPA’s
evaluation of the use, under the
conditions of use for that chemical
substance, within the applicable review
period. Persons may not commence
manufacture or processing for the
significant new use until EPA has
conducted a review of the notice, made
an appropriate determination on the
notice, and has taken such actions as are
required by that determination.
DATES: Comments must be received on
or before July 20, 2023.
ADDRESSES: Submit your comments,
identified by docket identification (ID)
number EPA–HQ–OPPT–2023–0245,
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
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SUMMARY:
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South Clinton Ave., Rochester, NY
14620; telephone number: (202) 554–
1404; email address: TSCA-Hotline@
epa.gov.
SUPPLEMENTARY INFORMATION:
I. Executive Summary
A. 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 II.
B. 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–2023–0245, includes
information considered by the Agency
in developing these proposed SNURs.
C. Why is the Agency taking this action?
The Agency is proposing these SNURs
to ensure that EPA receives timely
advanced notice of any future
manufacturing (including importing) or
processing of the chemical substances
subject to these proposed SNURs for
uses identified as significant new uses,
and to ensure that an appropriate
determination (relevant to the potential
risks associated with such
manufacturing (including importing),
processing, distribution in commerce,
use and disposal) has been issued prior
to the commencement of such
manufacturing (including importing) or
processing. The proposed SNURs are
necessary to ensure that manufacturing
(including import) or processing for
significant new uses cannot proceed
until EPA has responded to the planned
new use circumstances by taking the
required actions under TSCA sections
5(e) or 5(f) in the event that EPA
determines that: (1) The significant new
use presents an unreasonable risk under
the conditions of use (without
consideration of costs or other nonrisk
factors, and including an unreasonable
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risk to a potentially exposed or
susceptible subpopulation (PESS)
identified as relevant by EPA); (2) The
information available to EPA is
insufficient to permit a reasoned
evaluation of the health and
environmental effects of the significant
new use; (3) In the absence of sufficient
information, the manufacturing
(including importing), processing,
distribution in commerce, use, or
disposal of the substance, or any
combination of such activities, may
present an unreasonable risk (without
consideration of costs or other nonrisk
factors, and including an unreasonable
risk to a PESS identified as relevant by
EPA); or (4) There is substantial
production and sufficient potential for
environmental release or human
exposure (as defined in TSCA section
5(a)(3)(B)(ii)(II)). For manufacturing
(including importing) or processing for
the significant new use to proceed after
EPA has made one of these four
determinations, EPA must take actions
under TSCA sections 5(e) or 5(f) to
protect health and the environment.
However, EPA may also determine that
the significant new use is not likely to
present an unreasonable risk under
TSCA section 5(a)(3)(C), after which
manufacturing (including importing) or
processing for the significant new use
may proceed.
The rationale and objectives for this
proposed SNUR are further explained in
Unit II.B.
D. Does this action apply to me?
1. General applicability.
This action may apply to you if you
manufacture (defined by statute to
include import), process, or use the
chemical substances addressed 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.
2. Applicability to importers and
exporters.
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 (see also 19 CFR 127.28), and the
EPA policy in support of import
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certification at 40 CFR part 707, subpart
B. Chemical importers must certify that
the shipment of the chemical substance
complies with all applicable rules and
Orders under TSCA, including
regulations issued under TSCA sections
5, 6, 7 and Title IV.
In addition, pursuant to 40 CFR
721.20, this action may also apply to
any persons who export or intend to
export a chemical substance that is the
subject of this proposed rule on or after
July 20, 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.
E. What are the estimated incremental
impacts of this action?
EPA has evaluated the potential costs
of establishing SNUR reporting
requirements for potential
manufacturers (including importers)
and processors of the chemical
substances included in this proposed
rule. This analysis, which is available in
the docket, is briefly summarized here.
1. Estimated costs for SNUN
submissions.
If a SNUN is submitted, costs are an
estimated $26,700 per SNUN
submission for large business submitters
and $11,000 for small business
submitters. These estimates include the
cost to prepare and submit the SNUN
(including registration for EPA’s Central
Data Exchange (CDX)), and the payment
of a user fee. Businesses that submit a
SNUN would be subject to either a
$19,020 user fee required by 40 CFR
700.45(c)(2)(ii) and (d), or, if they are a
small business as defined at 13 CFR
121.201, a reduced user fee of $3,300
(40 CFR 700.45(c)(1)(ii) and (d)) per
fiscal year 2022. The costs of
submission for SNUNs will not be
incurred by any company unless a
company decides to pursue a significant
new use as defined in this proposed
SNUR. Additionally, these estimates
reflect the costs and fees as they are
known at the time of this rulemaking.
2. Estimated costs for export
notifications.
EPA has also evaluated the potential
costs associated with the export
notification requirements under TSCA
section 12(b) and the implementing
regulations at 40 CFR part 707, subpart
D, which require exporters to notify
EPA if they export or intend to export
a chemical substance or mixture for
which, among other things, a rule has
been proposed or promulgated under
TSCA section 5. For persons exporting
a substance that is the subject of a
SNUR, a one-time notice to EPA must be
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provided for the first export or intended
export to a particular country. The total
costs of export notification will vary by
chemical, depending on the number of
required notifications (i.e., the number
of countries to which the chemical is
exported). While EPA is unable to make
any estimate of the likely number of
export notifications for the chemical
substances covered by these proposed
SNURs, as stated in the accompanying
economic analysis, the estimated cost of
the export notification requirement on a
per unit basis is approximately $106.
F. What should I consider as I prepare
my comments for EPA?
1. Submitting CBI.
Do not submit this information to EPA
through https://www.regulations.gov or
email. If you wish to include CBI in
your comment, please follow the
applicable instructions at https://
www.epa.gov/dockets/commenting-epadockets#rules and clearly mark the part
or all of the information that you claim
to be 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. Significant New Use Determination
1. Determination factors.
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 addition to the factors enumerated
in TSCA section 5(a)(2), the statute
authorizes EPA to consider any other
relevant factors.
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2. Scientific standards, evidence, and
available information.
EPA has used reasonably available
information, as well as technical
procedures, measures, methods,
protocols, methodologies, and models
consistent with the best available
science, as applicable. These
information sources supply information
relevant to whether a particular use
would be a significant new use, based
on relevant factors including those
listed under TSCA section 5(a)(2).
The clarity and completeness of the
data, assumptions, methods, quality
assurance, and analyses employed in
EPA’s decision are documented, as
applicable and to the extent necessary
for purposes of the proposed SNURs, in
the references cited throughout the
preamble of this proposed rule. The
extent to which the various information,
procedures, measures, methods,
protocols, methodologies or models
used in EPA’s decision have been
subject to independent verification or
peer review is adequate to justify their
use, collectively, in the record for a
significant new use rule.
3. Determination for these chemical
substances.
In determining what would constitute
a significant new use for the chemical
substances that are the subject of these
proposed 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
Unit II.A.1.
These proposed SNURs include PMN
substances that are subject to Orders
issued under TSCA section 5(e)(1)(A), as
required by the determinations made
under TSCA section 5(a)(3)(B). 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 18 proposed rules also identify as
an additional significant new use,
manufacturing or processing of the
chemical substances using feedstocks
that contain any amount of
contaminants listed in the proposed
rules. This preamble also identifies the
sources of data documenting the
presence or absence of such
contaminants in pyrolysis products
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derived from plastic waste. The 18
proposed rules identify as an additional
significant new use the manufacturing
or processing of the chemical substances
using feedstocks that contain any
amount of heavy metals (arsenic,
cadmium, chromium VI, lead, mercury),
dioxins, phthalates, per- and
polyfluoroalkyl substances (PFAS),
polybrominated diphenyl ethers
(PBDEs), alkylphenols, perchlorates,
benzophenone, bisphenol A (BPA),
organochlorine pesticides (OCPs), ethyl
glycol, methyl glycol, or N-methyl-2pyrrolidone (NMP). For purposes of this
SNUR PFAS or per- and polyfluoroalkyl substance means a chemical
substance that contains at least one of
these three structures:
(i) R-(CF2)-CF(R′)R″, where both the
CF2 and CF moieties are saturated
carbons;
(ii) R-CF2OCF2-R′, where R and R′
can either be F, O, or saturated carbons;
or
(iii) CF3C(CF3)R′R″, where R′ and R″
can either be F or saturated carbons.
By identifying this additional
significant new use, EPA is ensuring
these substances cannot be
manufactured or processed using
feedstocks that contain these
substances, without additional Agency
review. EPA is determining that this is
a significant new use because
subsequent to issuance of the TSCA
section 5(e) orders for these substances
EPA became aware that the precursor
chemicals for the PMN substances may
contain contaminants of concern that
were not previously identified. See the
following references to sources of these
chemical substances in this unit:
• US EPA (2016). ‘‘State of the
Science White Paper: A Summary of
Literature on the Chemical Toxicity of
Plastics Pollution to Aquatic Life and
Aquatic-Dependent Wildlife.’’
Document ID No. EPA–822–R–16–009
(2016). See https://www.epa.gov/sites/
default/files/2016-12/documents/
plastics-aquatic-life-report.pdf.
• European Chemicals Agency
(August 2021), entitled ‘‘Chemical
Recycling of Polymeric Materials from
Waste in the Circular Economy Final
Report.’’ See https://echa.europa.eu/
documents/10162/1459379/chem_
recycling_final_report_en.pdf/887c41828327-e197-0bc4-17a5d608de6e.
• Environmental Defense Fund
Supply Chain Solutions Center (2022).
Understanding Packaging Scorecard as
referenced by the Environmental
Defense Fund entitled ‘‘Key chemicals
of concern in food packaging and food
handling equipment.’’ See https://
supplychain.edf.org/files/
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downloadable-TABLE-CoCs-in-FoodPackaging.pdf.
• Whitehead, Heather et al. (2023).
‘‘Directly Fluorinated Containers as a
Source of Perfluoroalkyl Carboxylic
Acids.’’ Environ. Sci. Technol. Lett.
2023, 10, 4, 350–355, Publication Date:
March 6, 2023. See https://doi.org/
10.1021/acs.estlett.3c00083.
• US EPA (2021). Research BRIEF:
‘‘Potential PFAS Destruction
Technology: Pyrolysis and
Gasification.’’ January 2021. See https://
www.epa.gov/sites/default/files/202101/documents/pitt_research_brief_
pyrolysis_final_jan_27_2021_508.pdf.
• Thoma, Eben et al. (2022).
‘‘Pyrolysis processing of PFAS-impacted
biosolids, a pilot study.’’ Journal of the
Air and Waste Management Association.
February 2022. See https://doi.org/
10.1080/10962247.2021.2009935.
• Turner et al. (2021). ‘‘Hazardous
metal additives in plastics and their
environmental impacts.’’ Environment
International, Volume 156, November
2021, 106622. See https://
www.sciencedirect.com/science/article/
pii/S0160412021002476.
For each of the 18 proposed SNURs
containing significant new uses not
based on the Order requirements, EPA
is also proposing to make the general
reporting exemption described in 40
CFR 721.45(i) inapplicable to each
SNUR to ensure that persons subject to
the Order would also be subject to the
significant new use notification
requirements in this proposed rule,
including those that are not based on
Order requirements. 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 TSCA section 5(e)
applicable to that person. If a provision
of such TSCA section 5(e) order is
inconsistent with a specific significant
new use identified in subpart E of 40
CFR part 721, abiding by the provision
of the TSCA section 5(e) order exempts
the person from submitting a significant
new use notice for that specific
significant new use.’’ EPA is now
proposing these SNURs to require notice
to and review by EPA before these
chemicals are used in new ways that
might create concerns due to increases
in exposures or environmental releases.
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 III.
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.
Subsequent to the issuance of TSCA
section 5(e) orders for these substances
EPA became aware that the precursor
chemicals for the PMN substances may
contain contaminants not previously
identified, whose presence might
indicate a risk that needs to be
addressed.
2. 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 an additional
significant new use, manufacturing or
processing of the chemical substances
using feedstocks that contain any
amount of the chemicals listed in
proposed rules.
• 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.
B. Rationale and Objectives of This
Proposed Rule
1. Rationale.
During review of the PMNs submitted
for the chemical substances that are
subject to these proposed SNURs, EPA
concluded that regulation was
General provisions for SNURs appear
in 40 CFR part 721, subpart A. These
provisions describe persons required to
submit a Significant New Use Notice
(SNUN), recordkeeping requirements,
and exemptions to reporting
requirements, among other things.
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C. Applicability of General Provisions to
These Proposed SNURs
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Provisions relating to user fees appear
at 40 CFR part 700. Pursuant to 40 CFR
721.1(c), persons submitting a SNUN are
subject to the same requirements and
regulatory procedures as submitters of
PMNs under TSCA section 5(a)(1)(A).
These 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,
except where modified in part 721.
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
addressed in the SNUN 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.
D. Applicability of the Proposed SNURs
to Uses Occurring Before the Effective
Date of the Final Rule
Any use that EPA determines, in the
final rule, was ongoing as of the date of
publication of this proposal and did not
cease prior to issuance of the final rule,
will not be designated as a significant
new use in the final rule. EPA has no
information to suggest that any of the
significant new uses identified in this
proposed rule are ongoing and, as
explained below, has information
indicating that none of the chemical
substances subject to the SNURs
proposed in this document are being
manufactured or processed in the
United States for commercial purposes.
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 is not on the TSCA Inventory,
no person may commence any activities
without first submitting a PMN.
Therefore, when EPA has received a
PMN for a chemical substance but has
not received a NOC for that same
substance, the fact that a NOC has not
been received is evidence that no
manufacturing or processing of the
chemical substance is occuring in the
United States. EPA has not received a
notice of commencement for any of the
chemical substances in this proposed
SNUR, which indicates that the
substances have not been manufactured
for commercial purposes, with or
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without the chemical substances that
would constitute a significant new use.
As discussed in the Federal Register
of April 24, 1990 (55 FR 17376 (FRL–
3658–5)), EPA has decided that the
intent of TSCA section 5(a)(1)(B) is best
served by designating a use as a
significant new use as of the date of
publication of the proposed rule rather
than as of the effective date of the final
rule. The objective of EPA’s approach is
to ensure that a person cannot impede
finalization of a SNUR by initiating a
significant new use after publication of
the proposed rule but before the
effective date of the final rule. Uses
arising after the publication of the
proposed rule are distinguished from
uses that are identified in the final rule
as having been ongoing on the date of
publication of the proposed rule. The
former would be new uses, the latter
ongoing uses, except that uses that are
identified as ongoing as of the
publication of the proposed rule would
not be considered ongoing uses if they
have ceased by the date of issuance of
a final rule.
In the unlikely event that before a
final rule becomes effective a person
begins commercial manufacturing
(including importing) or processing of
the chemical substances for a use that is
designated as a significant new use in
that final rule, such a 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 all TSCA
prerequisites for the commencement of
manufacture or processing have been
satisfied.
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.
E. Important Information About SNUN
Submissions
1. 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.
2. Development and submission of
information with the SNUN.
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 otherwise required to submit
information for a chemical substance
subject to the SNUR pursuant to a rule,
TSCA 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 may determine
under TSCA section 5(e) that it is
necessary to require appropriate testing.
Unit IV. 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 III.
will be useful to EPA’s evaluation in the
event that someone submits a SNUN for
the significant new use.
EPA strongly encourages persons to
consult with the Agency before
performing any testing. 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-andmanaging-chemicals-under-tsca/
alternative-test-methods-and-strategiesreduce.
The potentially useful information
listed in Unit III. 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
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under TSCA sections 5(e) or 5(f). EPA
recommends that potential SNUN
submitters contact EPA early enough so
that they will be able to conduct the
appropriate tests.
SNUN submitters should be aware
that EPA will be better able to evaluate
SNUNs which provide detailed
information on the following:
• Human exposure and
environmental release that may result
from the significant new use of the
chemical substances.
• Information on risks posed by the
chemical substances compared to risks
posed by potential substitutes.
III. 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. EPA provides the
following information for each chemical
substance that is 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).
• 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 Numbers (proposed 40 CFR
citation): P–21–144 (40 CFR 721.11781),
P–21–145 (40 CFR 721.11782), P–21–
146 (40 CFR 721.11783), P–21–147 (40
CFR 721.11784), P–21–148 (40 CFR
721.11785), P–21–149 (40 CFR
721.11786), P–21–150 (40 CFR
721.11787), P–21–152 (40 CFR
721.11788), P–21–153 (40 CFR
721.11789), P–21–154 (40 CFR
721.11790), P–21–155 (40 CFR
721.11791), P–21–156 (40 CFR
721.11792), P–21–157 (40 CFR
721.11793), P–21–158 (40 CFR
721.11794), P–21–160 (40 CFR
721.11795), P–21–161 (40 CFR
721.11796), P–21–162 (40 CFR
721.11797), and P–21–163 (40 CFR
721.11798).
Chemical Names: Naphtha, heavy
catalytic cracked (generic) (P–21–144),
Naphtha, heavy alkylate (generic) (P–
21–145), Naphtha, full range alkylate,
butane–contg. (generic) (P–21–146),
Naphtha, hydrotreated heavy (generic)
(P–21–147), Naphtha, light catalytic
cracked (generic) (P–21–148), Naphtha,
light alkylate (generic) (P–21–149),
Naphtha, hydrotreated light (generic)
(P–21–150), Clarified oils, catalytic
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cracked (generic) (P–21–152),
Distillates, hydrotreated heavy (generic)
(P–21–153), Gas Oils hydrotreated
vacuum (generic) (P–21–154),
Distillates, light catalytic cracked
(generic) (P–21–155), Distillates, claytreated middle (P–21–156), Distillates,
hydrotreated middle (generic) (P–21–
157), Distillates, hydrotreated light
(generic) (P–21–158), Gases, C4-rich
(generic) (P–21–160), Gases, catalytic
cracking (generic) (P–21–161), Residues,
butane splitter bottoms (generic) (P–21–
162), and Tail gas, saturate gas plant
mixed stream, C4-rich (generic) (P–21–
163).
CAS Numbers: Not available.
Effective Date of TSCA Order: August
25, 2022.
Basis for TSCA Order: The PMNs state
that the uses will be as a fuel, fuel
additive, fuel blending stock, or refinery
feedstock (including, but not limited to
cracking, coking, hydroprocessing,
distillation, or deasphalting). Based on
analogous mixtures and constituents of
the PMN substances, EPA has identified
concerns for skin and eye irritation,
acute toxicity, systemic toxicity
(neurotoxicity, body weight effects, and
liver, kidney, blood, spleen, and other
organ effects), reproductive and
developmental toxicity, oral and
inhalation portal entry effects, genetic
toxicity, and carcinogenicity. Based on
the petroleum chemical composition,
EPA has also identified concerns for
hydrocarbon pneumonia/aspiration
hazard and respiratory tract irritation.
Based on comparison to analogous fuel
streams, EPA predicts toxicity to aquatic
organisms may occur at concentrations
that exceed 0.03 ppb. The Order was
issued under TSCA sections
5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I),
based on a finding that in the absence
of sufficient information to permit a
reasoned evaluation, the substance may
present an unreasonable risk of injury to
human health and the environment. To
protect against these risks, the Order
requires:
• No manufacture, processing, or use
of the PMN substances other than for
processing and use as a fuel, fuel
additive, fuel blending stock, or refinery
feedstock (including, but not limited to
cracking, coking, hydroprocessing,
distillation, or deasphalting) subject to
40 CFR part 79 or 1090;
• Use of personal protective
equipment where there is a potential for
dermal exposure; and
• Establishment of a hazard
communication program.
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 a
significant new use:
• Manufacture of the PMN substances
using feedstocks containing any amount
of heavy metals (arsenic, cadmium,
chromium VI, lead, mercury), dioxins,
phthalates, per- and polyfluoroalkyl
substances (PFAS), polybrominated
diphenyl ethers (PBDEs), alkylphenols,
perchlorates, benzophenone, bisphenol
A (BPA), organochlorine pesticides
(OCPs), ethyl glycol, methyl glycol, or
N-methyl-2-pyrrolidone (NMP). For
purposes of this SNUR PFAS or per- and
poly-fluoroalkyl substance means a
chemical substance that contains at least
one of these three structures:
(i) R-(CF2)-CF(R′)R″, where both the
CF2 and CF moieties are saturated
carbons;
(ii) R-CF2OCF2-R′, where R and R′
can either be F, O, or saturated carbons;
or
(iii) CF3C(CF3)R′R″, where R′ and R″
can either be F or saturated carbons.
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 skin
irritation, eye irritation, respiratory
depression/irritation, hydrocarbon
pneumonia/aspiration hazard,
reproductive developmental toxicity,
systemic toxicity, genetic toxicity,
carcinogenicity, aquatic toxicity, and
consumer inhalation exposure at gas
station testing 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.
IV. 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 Orders 12866: Regulatory
Planning and Review and 14094:
Modernizing Regulatory Review
This action is exempt from review
under Executive Order 12866 (58 FR
51735, October 4, 1993), as amended by
Executive Order 14094 (88 FR 21879,
April 11, 2023), because it will establish
SNURs for several new chemical
substances that were the subject of
PMNs.
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B. Paperwork Reduction Act (PRA)
This action does not impose any new
information collection burden under the
PRA, 44 U.S.C. 3501 et seq. OMB has
previously approved the information
collection activities contained in the
existing SNUR regulations under OMB
Control No. 2070–0038 (EPA ICR No.
1188.13). If an entity were to submit a
SNUN to the Agency, the annual burden
is estimated to be less than 100 hours
per response, and the estimated burden
for export notifications is less than 1.5
hours per notification. In both cases, if
the firm submitting either a SNUN or
export notification is already registered
in CDX, the burden would be lower than
the presented estimates.
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 the
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.
Consistent with the PRA, EPA is
interested in comments about the
accuracy of the burden estimate, and
any suggested methods for minimizing
respondent burden or improving the
automated collection techniques.
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C. Regulatory Flexibility Act (RFA)
I certify this action will not have a
significant economic impact on a
substantial number of small entities
under the RFA, 5 U.S.C. 601 et seq. The
small entities subject to the
requirements of this action are potential
future manufacturers (defined by statute
to include importers), processors, and
exporters of one or more subject
chemical substances for a significant
new use designated in the proposed
SNURs. 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, the Agency has determined 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
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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 $11,164 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)
This action does not contain any
unfunded mandates as described in
UMRA, 2 U.S.C. 1531–1538, and does
not significantly or uniquely affect small
governments. 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 does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999), because it will not have a
substantial direct effect on states, on the
relationship between the national
government and the states, or on the
distribution of power and
responsibilities among the various
levels of government.
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 will not have
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39809
substantial direct effects on tribal
governments, on the relationship
between the Federal Government and
the Indian tribes, or on the distribution
of power and responsibilities between
the Federal Government and Indian
tribes. This action will not significantly
nor uniquely affect the communities of
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
EPA interprets Executive Order 13045
(62 FR 19885, April 23, 1997) as
applying only to regulatory actions
considered significant under section
3(f)(1) of Executive Order 12866 and
that concern environmental health or
safety risks that EPA has reason to
believe may disproportionately affect
children, per the definition of ‘‘covered
regulatory action’’ in section 2–202 of
Executive Order 13045. Since this is not
a ‘‘covered regulatory action,’’ Executive
Order 13045 does not apply. However,
the EPA Policy on Children’s Health
does apply to the consideration of the
SNUNs submitted to EPA in response to
a SNUR.
SNURs do not address an existing
children’s environmental health
concern because the chemical uses
involved in the SNUR are not ongoing
uses. SNURs require that persons notify
EPA at least 90 days before commencing
manufacture (defined by statute to
include import) or processing the
chemical substances for an activity that
is designated as a significant new use by
this rule. This notification allows EPA
to assess the intended uses to identify
potential risks and take appropriate
actions before the activities commence,
which includes the consideration of
potentially exposed or susceptible
subpopulations identified as relevant for
the chemical under the intended uses
identified in the SNUN.
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 it is not a ‘‘significant
regulatory action’’ under Executive
Order 12866.
I. National Technology Transfer and
Advancement Act (NTTAA)
This action does not involve any
technical standards under the NTTAA
section 12(d) (15 U.S.C. 272 note).
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J. Executive Orders 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
Executive Order 12898 (59 FR 7629,
February 16, 1994) directs Federal
agencies, to the greatest extent
practicable and permitted by law, to
make environmental justice part of their
mission by identifying and addressing,
as appropriate, disproportionately high
and adverse human health or
environmental effects of their programs,
policies, and activities on minority
populations (people of color and/or
indigenous peoples) and low-income
populations. This action is not subject
to Executive Order 12898 (59 FR 7629,
February 16, 1994) because it does not
establish an environmental health or
safety standard.
EPA believes that this action is not
likely to result in new disproportionate
and adverse effects on people of color,
low-income populations and/or
indigenous peoples because the
chemical uses addressed in these
SNURs are not ongoing uses. In
addition, the notification required by
these SNURs allows EPA to evaluate the
SNUN to assess the intended uses to
identify potential risks and take
appropriate actions before the activities
addressed in the SNUN commence,
which includes the consideration of
potentially exposed or susceptible
subpopulations identified as relevant for
the chemical under the intended uses
identified in the SNUN.
List of Subjects in 40 CFR Part 721
Environmental protection, Chemicals,
Hazardous substances, Reporting and
recordkeeping requirements.
Dated: June 13, 2023.
Denise Keehner,
Director, Office of Pollution Prevention and
Toxics.
Therefore, for the reasons stated in the
preamble, EPA proposes to amend 40
CFR chapter I as follows:
PART 721—SIGNIFICANT NEW USES
OF CHEMICAL SUBSTANCES
1. The authority citation for part 721
continues to read as follows:
■
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Authority: 15 U.S.C. 2604, 2607, and
2625(c).
2. Add §§ 721.11781 through
721.11798 to read as follows:
■
Subpart E—Significant New Uses for
Specific Chemical Substances
Sec.
*
*
*
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721.11781 Naphtha, heavy catalytic cracked
(generic).
721.11782 Naphtha, heavy alkylate
(generic).
721.11783 Naphtha, full range alkylate,
butane-contg. (generic).
721.11784 Naphtha, hydrotreated heavy
(generic).
721.11785 Naphtha, light catalytic cracked
(generic).
721.11786 Naphtha, light alkylate (generic).
721.11787 Naphtha, hydrotreated light
(generic).
721.11788 Clarified oils, catalytic cracked
(generic).
721.11789 Distillates, hydrotreated heavy
(generic).
721.11790 Gas oils hydrotreated vacuum
(generic).
721.11791 Distillates, light catalytic cracked
(generic).
721.11792 Distillates, clay-treated middle
(generic).
721.11793 Distillates, hydrotreated middle
(generic).
721.11794 Distillates, hydrotreated light
(generic).
721.11795 Gases, C4-rich (generic).
721.11796 Gases, catalytic cracking
(generic).
721.11797 Residues, butane splitter bottoms
(generic).
721.11798 Tail gas, saturate gas plant mixed
stream, C4-rich (generic).
*
*
*
*
*
§ 721.11781 Naphtha, heavy catalytic
cracked (generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance generically
identified as naphtha, heavy catalytic
cracked (PMN P–21–144) is subject to
reporting under this section for the
significant new uses described in
paragraph (a)(2) of this section. The
requirements of this section do not
apply to quantities of the substance after
they have been incorporated into a fuel,
fuel additive, fuel blending stock, or use
as a refinery feedstock (including, but
not limited to cracking, coking,
hydroprocessing, distillation, or
deasphalting).
(2) The significant new uses are:
(i) Protection in the workplace.
Requirements as specified in
§ 721.63(a)(1) and (3), (b) and (c). When
determining which persons are
reasonably likely to be exposed as
required for § 721.63(a)(1), engineering
control measures (e.g., enclosure or
confinement of the operation, general
and local ventilation) or administrative
control measures (e.g., workplace
policies and procedures) shall be
considered and implemented to prevent
exposure, where feasible. For purposes
of § 721.63(b), the concentration is set at
0.1%.
(ii) Hazard communication.
Requirements as specified in
§ 721.72(a).
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(iii) Industrial, commercial, and
consumer use. It is a significant new use
to manufacture, process, or use the
substance other than for processing and
use as a fuel, fuel additive, fuel blending
stock, or refinery feedstock (including,
but not limited to cracking, coking,
hydroprocessing, distillation, or
deasphalting) subject to 40 CFR part 79
or 1090. It is a significant new use to
manufacture the substance using
feedstocks containing any amount of
heavy metals (arsenic, cadmium,
chromium VI, lead, mercury), dioxins,
phthalates, per- and polyfluoroalkyl
substances (PFAS), polybrominated
diphenyl ethers (PBDEs), alkylphenols,
perchlorates, benzophenone, bisphenol
A (BPA), organochlorine pesticides
(OCPs), ethyl glycol, methyl glycol, or
N-methyl-2-pyrrolidone (NMP). For
purposes of this SNUR PFAS or per- and
poly-fluoroalkyl substance means a
chemical substance that contains at least
one of these three structures:
(A) R-(CF2)-CF(R′)R″, where both the
CF2 and CF moieties are saturated
carbons;
(B) R-CF2OCF2-R′, where R and R′
can either be F, O, or saturated carbons;
or
(C) CF3C(CF3)R′R″, where R′ and R″
can either be F or saturated carbons.
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph (b).
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (i), are applicable
to manufacturers, 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.
§ 721.11782
(generic).
Naphtha, heavy alkylate
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance generically
identified as naphtha, heavy alkylate
(PMN P–21–145) is subject to reporting
under this section for the significant
new uses described in paragraph (a)(2)
of this section. The requirements of this
section do not apply to quantities of the
substance after they have been
incorporated into a fuel, fuel additive,
fuel blending stock, or use as a refinery
feedstock (including, but not limited to
cracking, coking, hydroprocessing,
distillation, or deasphalting).
(2) The significant new uses are:
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(i) Protection in the workplace.
Requirements as specified in
§ 721.63(a)(1) and (3), (b) and (c). When
determining which persons are
reasonably likely to be exposed as
required for § 721.63(a)(1), engineering
control measures (e.g., enclosure or
confinement of the operation, general
and local ventilation) or administrative
control measures (e.g., workplace
policies and procedures) shall be
considered and implemented to prevent
exposure, where feasible. For purposes
of § 721.63(b), the concentration is set at
0.1%.
(ii) Hazard communication.
Requirements as specified in
§ 721.72(a).
(iii) Industrial, commercial, and
consumer use. It is a significant new use
to manufacture, process, or use the
substance other than for processing and
use as a fuel, fuel additive, fuel blending
stock, or refinery feedstock (including,
but not limited to cracking, coking,
hydroprocessing, distillation, or
deasphalting) subject to 40 CFR part 79
or 1090. It is a significant new use to
manufacture the substance using
feedstocks containing any amount of
heavy metals (arsenic, cadmium,
chromium VI, lead, mercury), dioxins,
phthalates, per- and polyfluoroalkyl
substances (PFAS), polybrominated
diphenyl ethers (PBDEs), alkylphenols,
perchlorates, benzophenone, bisphenol
A (BPA), organochlorine pesticides
(OCPs), ethyl glycol, methyl glycol, or
N-methyl-2-pyrrolidone (NMP). For
purposes of this SNUR PFAS or per- and
poly-fluoroalkyl substance means a
chemical substance that contains at least
one of these three structures:
(A) R-(CF2)-CF(R′)R″, where both the
CF2 and CF moieties are saturated
carbons;
(B) R-CF2OCF2-R′, where R and R′
can either be F, O, or saturated carbons;
or
(C) CF3C(CF3)R′R″, where R′ and R″
can either be F or saturated carbons.
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph (b).
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (i), are applicable
to manufacturers, 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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§ 721.11783 Naphtha, full range alkylate,
butane-contg. (generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance generically
identified as naphtha, full range
alkylate, butane-contg. (PMN P–21–146)
is subject to reporting under this section
for the significant new uses described in
paragraph (a)(2) of this section. The
requirements of this section do not
apply to quantities of the substance after
they have been incorporated into a fuel,
fuel additive, fuel blending stock, or use
as a refinery feedstock (including, but
not limited to cracking, coking,
hydroprocessing, distillation, or
deasphalting).
(2) The significant new uses are:
(i) Protection in the workplace.
Requirements as specified in
§ 721.63(a)(1) and (3), (b) and (c). When
determining which persons are
reasonably likely to be exposed as
required for § 721.63(a)(1), engineering
control measures (e.g., enclosure or
confinement of the operation, general
and local ventilation) or administrative
control measures (e.g., workplace
policies and procedures) shall be
considered and implemented to prevent
exposure, where feasible. For purposes
of § 721.63(b), the concentration is set at
0.1%.
(ii) Hazard communication.
Requirements as specified in
§ 721.72(a).
(iii) Industrial, commercial, and
consumer use. It is a significant new use
to manufacture, process, or use the
substance other than for processing and
use as a fuel, fuel additive, fuel blending
stock, or refinery feedstock (including,
but not limited to cracking, coking,
hydroprocessing, distillation, or
deasphalting) subject to 40 CFR part 79
or 1090. It is a significant new use to
manufacture the substance using
feedstocks containing any amount of
heavy metals (arsenic, cadmium,
chromium VI, lead, mercury), dioxins,
phthalates, per- and polyfluoroalkyl
substances (PFAS), polybrominated
diphenyl ethers (PBDEs), alkylphenols,
perchlorates, benzophenone, bisphenol
A (BPA), organochlorine pesticides
(OCPs), ethyl glycol, methyl glycol, or
N-methyl-2-pyrrolidone (NMP). For
purposes of this SNUR PFAS or per- and
poly-fluoroalkyl substance means a
chemical substance that contains at least
one of these three structures:
(A) R-(CF2)-CF(R′)R″, where both the
CF2 and CF moieties are saturated
carbons;
(B) R-CF2OCF2-R′, where R and R′
can either be F, O, or saturated carbons;
or
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39811
(C) CF3C(CF3)R′R″, where R′ and R″
can either be F or saturated carbons.
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph (b).
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (i), are applicable
to manufacturers, 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.
§ 721.11784
(generic).
Naphtha, hydrotreated heavy
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance generically
identified as naphtha, hydrotreated
heavy (PMN P–21–147) is subject to
reporting under this section for the
significant new uses described in
paragraph (a)(2) of this section. The
requirements of this section do not
apply to quantities of the substance after
they have been incorporated into a fuel,
fuel additive, fuel blending stock, or use
as a refinery feedstock (including, but
not limited to cracking, coking,
hydroprocessing, distillation, or
deasphalting).
(2) The significant new uses are:
(i) Protection in the workplace.
Requirements as specified in
§ 721.63(a)(1) and (3), (b) and (c). When
determining which persons are
reasonably likely to be exposed as
required for § 721.63(a)(1), engineering
control measures (e.g., enclosure or
confinement of the operation, general
and local ventilation) or administrative
control measures (e.g., workplace
policies and procedures) shall be
considered and implemented to prevent
exposure, where feasible. For purposes
of § 721.63(b), the concentration is set at
0.1%.
(ii) Hazard communication.
Requirements as specified in
§ 721.72(a).
(iii) Industrial, commercial, and
consumer use. It is a significant new use
to manufacture, process, or use the
substance other than for processing and
use as a fuel, fuel additive, fuel blending
stock, or refinery feedstock (including,
but not limited to cracking, coking,
hydroprocessing, distillation, or
deasphalting) subject to 40 CFR part 79
or 1090. It is a significant new use to
manufacture the substance using
feedstocks containing any amount of
heavy metals (arsenic, cadmium,
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Federal Register / Vol. 88, No. 117 / Tuesday, June 20, 2023 / Proposed Rules
chromium VI, lead, mercury), dioxins,
phthalates, per- and polyfluoroalkyl
substances (PFAS), polybrominated
diphenyl ethers (PBDEs), alkylphenols,
perchlorates, benzophenone, bisphenol
A (BPA), organochlorine pesticides
(OCPs), ethyl glycol, methyl glycol, or
N-methyl-2-pyrrolidone (NMP). For
purposes of this SNUR PFAS or per- and
poly-fluoroalkyl substance means a
chemical substance that contains at least
one of these three structures:
(A) R-(CF2)-CF(R′)R″, where both the
CF2 and CF moieties are saturated
carbons;
(B) R-CF2OCF2-R′, where R and R′
can either be F, O, or saturated carbons;
or
(C) CF3C(CF3)R′R″, where R′ and R″
can either be F or saturated carbons.
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph (b).
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (i), are applicable
to manufacturers, 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
§ 721.11785 Naphtha, light catalytic
cracked (generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance generically
identified as naphtha, light catalytic
cracked (PMN P–21–148) is subject to
reporting under this section for the
significant new uses described in
paragraph (a)(2) of this section. The
requirements of this section do not
apply to quantities of the substance after
they have been incorporated into a fuel,
fuel additive, fuel blending stock, or use
as a refinery feedstock (including, but
not limited to cracking, coking,
hydroprocessing, distillation, or
deasphalting).
(2) The significant new uses are:
(i) Protection in the workplace.
Requirements as specified in
§ 721.63(a)(1) and (3), (b) and (c). When
determining which persons are
reasonably likely to be exposed as
required for § 721.63(a)(1), engineering
control measures (e.g., enclosure or
confinement of the operation, general
and local ventilation) or administrative
control measures (e.g., workplace
policies and procedures) shall be
considered and implemented to prevent
exposure, where feasible. For purposes
VerDate Sep<11>2014
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Jkt 259001
of § 721.63(b), the concentration is set at
0.1%.
(ii) Hazard communication.
Requirements as specified in
§ 721.72(a).
(iii) Industrial, commercial, and
consumer use. It is a significant new use
to manufacture, process, or use the
substance other than for processing and
use as a fuel, fuel additive, fuel blending
stock, or refinery feedstock (including,
but not limited to cracking, coking,
hydroprocessing, distillation, or
deasphalting) subject to 40 CFR part 79
or 1090. It is a significant new use to
manufacture the substance using
feedstocks containing any amount of
heavy metals (arsenic, cadmium,
chromium VI, lead, mercury), dioxins,
phthalates, per- and polyfluoroalkyl
substances (PFAS), polybrominated
diphenyl ethers (PBDEs), alkylphenols,
perchlorates, benzophenone, bisphenol
A (BPA), organochlorine pesticides
(OCPs), ethyl glycol, methyl glycol, or
N-methyl-2-pyrrolidone (NMP). For
purposes of this SNUR PFAS or per- and
poly-fluoroalkyl substance means a
chemical substance that contains at least
one of these three structures:
(A) R-(CF2)-CF(R′)R″, where both the
CF2 and CF moieties are saturated
carbons;
(B) R-CF2OCF2-R′, where R and R′
can either be F, O, or saturated carbons;
or
(C) CF3C(CF3)R′R″, where R′ and R″
can either be F or saturated carbons.
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph (b).
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (i), are applicable
to manufacturers, 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.
§ 721.11786
(generic).
Naphtha, light alkylate
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance generically
identified as naphtha, light alkylate
(PMN P–21–149) is subject to reporting
under this section for the significant
new uses described in paragraph (a)(2)
of this section. The requirements of this
section do not apply to quantities of the
substance after they have been
incorporated into a fuel, fuel additive,
fuel blending stock, or use as a refinery
PO 00000
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Fmt 4702
Sfmt 4702
feedstock (including, but not limited to
cracking, coking, hydroprocessing,
distillation, or deasphalting).
(2) The significant new uses are:
(i) Protection in the workplace.
Requirements as specified in
§ 721.63(a)(1) and (3), (b) and (c). When
determining which persons are
reasonably likely to be exposed as
required for § 721.63(a)(1), engineering
control measures (e.g., enclosure or
confinement of the operation, general
and local ventilation) or administrative
control measures (e.g., workplace
policies and procedures) shall be
considered and implemented to prevent
exposure, where feasible. For purposes
of § 721.63(b), the concentration is set at
0.1%.
(ii) Hazard communication.
Requirements as specified in
§ 721.72(a).
(iii) Industrial, commercial, and
consumer use. It is a significant new use
to manufacture, process, or use the
substance other than for processing and
use as a fuel, fuel additive, fuel blending
stock, or refinery feedstock (including,
but not limited to cracking, coking,
hydroprocessing, distillation, or
deasphalting) subject to 40 CFR part 79
or 1090. It is a significant new use to
manufacture the substance using
feedstocks containing any amount of
heavy metals (arsenic, cadmium,
chromium VI, lead, mercury), dioxins,
phthalates, per- and polyfluoroalkyl
substances (PFAS), polybrominated
diphenyl ethers (PBDEs), alkylphenols,
perchlorates, benzophenone, bisphenol
A (BPA), organochlorine pesticides
(OCPs), ethyl glycol, methyl glycol, or
N-methyl-2-pyrrolidone (NMP). For
purposes of this SNUR PFAS or per- and
poly-fluoroalkyl substance means a
chemical substance that contains at least
one of these three structures:
(A) R-(CF2)-CF(R′)R″, where both the
CF2 and CF moieties are saturated
carbons;
(B) R-CF2OCF2-R′, where R and R′
can either be F, O, or saturated carbons;
or
(C) CF3C(CF3)R′R″, where R′ and R″
can either be F or saturated carbons.
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph (b).
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (i), are applicable
to manufacturers, 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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(3) Exemptions. The exemption of
§ 721.45(i) does not apply to this
section.
lotter on DSK11XQN23PROD with PROPOSALS1
§ 721.11787
(generic).
Naphtha, hydrotreated light
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance generically
identified as naphtha, hydrotreated light
(PMN P–21–150) is subject to reporting
under this section for the significant
new uses described in paragraph (a)(2)
of this section. The requirements of this
section do not apply to quantities of the
substance after they have been
incorporated into a fuel, fuel additive,
fuel blending stock, or use as a refinery
feedstock (including, but not limited to
cracking, coking, hydroprocessing,
distillation, or deasphalting).
(2) The significant new uses are:
(i) Protection in the workplace.
Requirements as specified in
§ 721.63(a)(1) and (3), (b) and (c). When
determining which persons are
reasonably likely to be exposed as
required for § 721.63(a)(1), engineering
control measures (e.g., enclosure or
confinement of the operation, general
and local ventilation) or administrative
control measures (e.g., workplace
policies and procedures) shall be
considered and implemented to prevent
exposure, where feasible. For purposes
of § 721.63(b), the concentration is set at
0.1%.
(ii) Hazard communication.
Requirements as specified in
§ 721.72(a).
(iii) Industrial, commercial, and
consumer use. It is a significant new use
to manufacture, process, or use the
substance other than for processing and
use as a fuel, fuel additive, fuel blending
stock, or refinery feedstock (including,
but not limited to cracking, coking,
hydroprocessing, distillation, or
deasphalting) subject to 40 CFR part 79
or 1090. It is a significant new use to
manufacture the substance using
feedstocks containing any amount of
heavy metals (arsenic, cadmium,
chromium VI, lead, mercury), dioxins,
phthalates, per- and polyfluoroalkyl
substances (PFAS), polybrominated
diphenyl ethers (PBDEs), alkylphenols,
perchlorates, benzophenone, bisphenol
A (BPA), organochlorine pesticides
(OCPs), ethyl glycol, methyl glycol, or
N-methyl-2-pyrrolidone (NMP). For
purposes of this SNUR PFAS or per- and
poly-fluoroalkyl substance means a
chemical substance that contains at least
one of these three structures:
(A) R-(CF2)-CF(R′)R″, where both the
CF2 and CF moieties are saturated
carbons;
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15:55 Jun 16, 2023
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(B) R-CF2OCF2-R′, where R and R′
can either be F, O, or saturated carbons;
or
(C) CF3C(CF3)R′R″, where R′ and R″
can either be F or saturated carbons.
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph (b).
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (i), are applicable
to manufacturers, 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.
§ 721.11788 Clarified oils, catalytic
cracked (generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance generically
identified as clarified oils, catalytic
cracked (PMN P–21–152) is subject to
reporting under this section for the
significant new uses described in
paragraph (a)(2) of this section. The
requirements of this section do not
apply to quantities of the substance after
they have been incorporated into a fuel,
fuel additive, fuel blending stock, or use
as a refinery feedstock (including, but
not limited to cracking, coking,
hydroprocessing, distillation, or
deasphalting).
(2) The significant new uses are:
(i) Protection in the workplace.
Requirements as specified in
§ 721.63(a)(1) and (3), (b) and (c). When
determining which persons are
reasonably likely to be exposed as
required for § 721.63(a)(1), engineering
control measures (e.g., enclosure or
confinement of the operation, general
and local ventilation) or administrative
control measures (e.g., workplace
policies and procedures) shall be
considered and implemented to prevent
exposure, where feasible. For purposes
of § 721.63(b), the concentration is set at
0.1%.
(ii) Hazard communication.
Requirements as specified in
§ 721.72(a).
(iii) Industrial, commercial, and
consumer use. It is a significant new use
to manufacture, process, or use the
substance other than for processing and
use as a fuel, fuel additive, fuel blending
stock, or refinery feedstock (including,
but not limited to cracking, coking,
hydroprocessing, distillation, or
deasphalting) subject to 40 CFR part 79
or 1090. It is a significant new use to
PO 00000
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Fmt 4702
Sfmt 4702
39813
manufacture the substance using
feedstocks containing any amount of
heavy metals (arsenic, cadmium,
chromium VI, lead, mercury), dioxins,
phthalates, per- and polyfluoroalkyl
substances (PFAS), polybrominated
diphenyl ethers (PBDEs), alkylphenols,
perchlorates, benzophenone, bisphenol
A (BPA), organochlorine pesticides
(OCPs), ethyl glycol, methyl glycol, or
N-methyl-2-pyrrolidone (NMP). For
purposes of this SNUR PFAS or per- and
poly-fluoroalkyl substance means a
chemical substance that contains at least
one of these three structures:
(A) R-(CF2)-CF(R′)R″, where both the
CF2 and CF moieties are saturated
carbons;
(B) R-CF2OCF2-R′, where R and R′
can either be F, O, or saturated carbons;
or
(C) CF3C(CF3)R′R″, where R′ and R″
can either be F or saturated carbons.
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph (b).
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (i), are applicable
to manufacturers, 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.
§ 721.11789
(generic).
Distillates, hydrotreated heavy
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance generically
identified as distillates, hydrotreated
heavy (PMN P–21–153) is subject to
reporting under this section for the
significant new uses described in
paragraph (a)(2) of this section. The
requirements of this section do not
apply to quantities of the substance after
they have been incorporated into a fuel,
fuel additive, fuel blending stock, or use
as a refinery feedstock (including, but
not limited to cracking, coking,
hydroprocessing, distillation, or
deasphalting).
(2) The significant new uses are:
(i) Protection in the workplace.
Requirements as specified in
§ 721.63(a)(1) and (3), (b) and (c). When
determining which persons are
reasonably likely to be exposed as
required for § 721.63(a)(1), engineering
control measures (e.g., enclosure or
confinement of the operation, general
and local ventilation) or administrative
control measures (e.g., workplace
E:\FR\FM\20JNP1.SGM
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Federal Register / Vol. 88, No. 117 / Tuesday, June 20, 2023 / Proposed Rules
policies and procedures) shall be
considered and implemented to prevent
exposure, where feasible. For purposes
of § 721.63(b), the concentration is set at
0.1%.
(ii) Hazard communication.
Requirements as specified in
§ 721.72(a).
(iii) Industrial, commercial, and
consumer use. It is a significant new use
to manufacture, process, or use the
substance other than for processing and
use as a fuel, fuel additive, fuel blending
stock, or refinery feedstock (including,
but not limited to cracking, coking,
hydroprocessing, distillation, or
deasphalting) subject to 40 CFR part 79
or 1090. It is a significant new use to
manufacture the substance using
feedstocks containing any amount of
heavy metals (arsenic, cadmium,
chromium VI, lead, mercury), dioxins,
phthalates, per- and polyfluoroalkyl
substances (PFAS), polybrominated
diphenyl ethers (PBDEs), alkylphenols,
perchlorates, benzophenone, bisphenol
A (BPA), organochlorine pesticides
(OCPs), ethyl glycol, methyl glycol, or
N-methyl-2-pyrrolidone (NMP). For
purposes of this SNUR PFAS or per- and
poly-fluoroalkyl substance means a
chemical substance that contains at least
one of these three structures:
(A) R-(CF2)-CF(R′)R″, where both the
CF2 and CF moieties are saturated
carbons;
(B) R-CF2OCF2-R′, where R and R′
can either be F, O, or saturated carbons;
or
(C) CF3C(CF3)R′R″, where R′ and R″
can either be F or saturated carbons.
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph (b).
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (i), are applicable
to manufacturers, 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
§ 721.11790
(generic).
Gas oils hydrotreated vacuum
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance generically
identified as gas oils hydrotreated
vacuum (PMN P–21–154) is subject to
reporting under this section for the
significant new uses described in
paragraph (a)(2) of this section. The
requirements of this section do not
VerDate Sep<11>2014
15:55 Jun 16, 2023
Jkt 259001
apply to quantities of the substance after
they have been incorporated into a fuel,
fuel additive, fuel blending stock, or use
as a refinery feedstock (including, but
not limited to cracking, coking,
hydroprocessing, distillation, or
deasphalting).
(2) The significant new uses are:
(i) Protection in the workplace.
Requirements as specified in
§ 721.63(a)(1) and (3), (b) and (c). When
determining which persons are
reasonably likely to be exposed as
required for § 721.63(a)(1), engineering
control measures (e.g., enclosure or
confinement of the operation, general
and local ventilation) or administrative
control measures (e.g., workplace
policies and procedures) shall be
considered and implemented to prevent
exposure, where feasible. For purposes
of § 721.63(b), the concentration is set at
0.1%.
(ii) Hazard communication.
Requirements as specified in
§ 721.72(a).
(iii) Industrial, commercial, and
consumer use. It is a significant new use
to manufacture, process, or use the
substance other than for processing and
use as a fuel, fuel additive, fuel blending
stock, or refinery feedstock (including,
but not limited to cracking, coking,
hydroprocessing, distillation, or
deasphalting) subject to 40 CFR part 79
or 1090. It is a significant new use to
manufacture the substance using
feedstocks containing any amount of
heavy metals (arsenic, cadmium,
chromium VI, lead, mercury), dioxins,
phthalates, per- and polyfluoroalkyl
substances (PFAS), polybrominated
diphenyl ethers (PBDEs), alkylphenols,
perchlorates, benzophenone, bisphenol
A (BPA), organochlorine pesticides
(OCPs), ethyl glycol, methyl glycol, or
N-methyl-2-pyrrolidone (NMP). For
purposes of this SNUR PFAS or per- and
poly-fluoroalkyl substance means a
chemical substance that contains at least
one of these three structures:
(A) R-(CF2)-CF(R′)R″, where both the
CF2 and CF moieties are saturated
carbons;
(B) R-CF2OCF2-R′, where R and R′
can either be F, O, or saturated carbons;
or
(C) CF3C(CF3)R′R″, where R′ and R″
can either be F or saturated carbons.
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph (b).
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (i), are applicable
to manufacturers, importers, and
processors of this substance.
PO 00000
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Fmt 4702
Sfmt 4702
(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.
§ 721.11791 Distillates, light catalytic
cracked (generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance generically
identified as distillates, light catalytic
cracked (PMN P–21–155) is subject to
reporting under this section for the
significant new uses described in
paragraph (a)(2) of this section. The
requirements of this section do not
apply to quantities of the substance after
they have been incorporated into a fuel,
fuel additive, fuel blending stock, or use
as a refinery feedstock (including, but
not limited to cracking, coking,
hydroprocessing, distillation, or
deasphalting).
(2) The significant new uses are:
(i) Protection in the workplace.
Requirements as specified in
§ 721.63(a)(1) and (3), (b) and (c). When
determining which persons are
reasonably likely to be exposed as
required for § 721.63(a)(1), engineering
control measures (e.g., enclosure or
confinement of the operation, general
and local ventilation) or administrative
control measures (e.g., workplace
policies and procedures) shall be
considered and implemented to prevent
exposure, where feasible. For purposes
of § 721.63(b), the concentration is set at
0.1%.
(ii) Hazard communication.
Requirements as specified in
§ 721.72(a).
(iii) Industrial, commercial, and
consumer use. It is a significant new use
to manufacture, process, or use the
substance other than for processing and
use as a fuel, fuel additive, fuel blending
stock, or refinery feedstock (including,
but not limited to cracking, coking,
hydroprocessing, distillation, or
deasphalting) subject to 40 CFR part 79
or 1090. It is a significant new use to
manufacture the substance using
feedstocks containing any amount of
heavy metals (arsenic, cadmium,
chromium VI, lead, mercury), dioxins,
phthalates, per- and polyfluoroalkyl
substances (PFAS), polybrominated
diphenyl ethers (PBDEs), alkylphenols,
perchlorates, benzophenone, bisphenol
A (BPA), organochlorine pesticides
(OCPs), ethyl glycol, methyl glycol, or
N-methyl-2-pyrrolidone (NMP). For
purposes of this SNUR PFAS or per- and
poly-fluoroalkyl substance means a
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Federal Register / Vol. 88, No. 117 / Tuesday, June 20, 2023 / Proposed Rules
chemical substance that contains at least
one of these three structures:
(A) R-(CF2)-CF(R′)R″, where both the
CF2 and CF moieties are saturated
carbons;
(B) R-CF2OCF2-R′, where R and R′
can either be F, O, or saturated carbons;
or
(C) CF3C(CF3)R′R″, where R′ and R″
can either be F or saturated carbons.
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph (b).
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (i), are applicable
to manufacturers, 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
§ 721.11792
(generic).
Distillates, clay-treated middle
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance generically
identified as distillates, clay-treated
middle (PMN P–21–156) is subject to
reporting under this section for the
significant new uses described in
paragraph (a)(2) of this section. The
requirements of this section do not
apply to quantities of the substance after
they have been incorporated into a fuel,
fuel additive, fuel blending stock, or use
as a refinery feedstock (including, but
not limited to cracking, coking,
hydroprocessing, distillation, or
deasphalting).
(2) The significant new uses are:
(i) Protection in the workplace.
Requirements as specified in
§ 721.63(a)(1) and (3), (b) and (c). When
determining which persons are
reasonably likely to be exposed as
required for § 721.63(a)(1), engineering
control measures (e.g., enclosure or
confinement of the operation, general
and local ventilation) or administrative
control measures (e.g., workplace
policies and procedures) shall be
considered and implemented to prevent
exposure, where feasible. For purposes
of § 721.63(b), the concentration is set at
0.1%.
(ii) Hazard communication.
Requirements as specified in
§ 721.72(a).
(iii) Industrial, commercial, and
consumer use. It is a significant new use
to manufacture, process, or use the
substance other than for processing and
use as a fuel, fuel additive, fuel blending
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stock, or refinery feedstock (including,
but not limited to cracking, coking,
hydroprocessing, distillation, or
deasphalting) subject to 40 CFR part 79
or 1090. It is a significant new use to
manufacture the substance using
feedstocks containing any amount of
heavy metals (arsenic, cadmium,
chromium VI, lead, mercury), dioxins,
phthalates, per- and polyfluoroalkyl
substances (PFAS), polybrominated
diphenyl ethers (PBDEs), alkylphenols,
perchlorates, benzophenone, bisphenol
A (BPA), organochlorine pesticides
(OCPs), ethyl glycol, methyl glycol, or
N-methyl-2-pyrrolidone (NMP). For
purposes of this SNUR PFAS or per- and
poly-fluoroalkyl substance means a
chemical substance that contains at least
one of these three structures:
(A) R-(CF2)-CF(R′)R″, where both the
CF2 and CF moieties are saturated
carbons;
(B) R-CF2OCF2-R′, where R and R’
can either be F, O, or saturated carbons;
or
(C) CF3C(CF3)R′R″, where R′ and R″
can either be F or saturated carbons.
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph (b).
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (i), are applicable
to manufacturers, 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.
§ 721.11793 Distillates, hydrotreated
middle (generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance generically
identified as distillates, hydrotreated
middle (PMN P–21–157) is subject to
reporting under this section for the
significant new uses described in
paragraph (a)(2) of this section. The
requirements of this section do not
apply to quantities of the substance after
they have been incorporated into a fuel,
fuel additive, fuel blending stock, or use
as a refinery feedstock (including, but
not limited to cracking, coking,
hydroprocessing, distillation, or
deasphalting).
(2) The significant new uses are:
(i) Protection in the workplace.
Requirements as specified in
§ 721.63(a)(1) and (3), (b) and (c). When
determining which persons are
reasonably likely to be exposed as
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39815
required for § 721.63(a)(1), engineering
control measures (e.g., enclosure or
confinement of the operation, general
and local ventilation) or administrative
control measures (e.g., workplace
policies and procedures) shall be
considered and implemented to prevent
exposure, where feasible. For purposes
of § 721.63(b), the concentration is set at
0.1%.
(ii) Hazard communication.
Requirements as specified in
§ 721.72(a).
(iii) Industrial, commercial, and
consumer use. It is a significant new use
to manufacture, process, or use the
substance other than for processing and
use as a fuel, fuel additive, fuel blending
stock, or refinery feedstock (including,
but not limited to cracking, coking,
hydroprocessing, distillation, or
deasphalting) subject to 40 CFR part 79
or 1090. It is a significant new use to
manufacture the substance using
feedstocks containing any amount of
heavy metals (arsenic, cadmium,
chromium VI, lead, mercury), dioxins,
phthalates, per- and polyfluoroalkyl
substances (PFAS), polybrominated
diphenyl ethers (PBDEs), alkylphenols,
perchlorates, benzophenone, bisphenol
A (BPA), organochlorine pesticides
(OCPs), ethyl glycol, methyl glycol, or
N-methyl-2-pyrrolidone (NMP). For
purposes of this SNUR PFAS or per- and
poly-fluoroalkyl substance means a
chemical substance that contains at least
one of these three structures:
(A) R-(CF2)-CF(R′)R″, where both the
CF2 and CF moieties are saturated
carbons;
(B) R-CF2OCF2-R′, where R and R′
can either be F, O, or saturated carbons;
or
(C) CF3C(CF3)R′R″, where R′ and R″
can either be F or saturated carbons.
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph (b).
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (i), are applicable
to manufacturers, 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.
§ 721.11794
(generic).
Distillates, hydrotreated light
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance generically
identified as distillates, hydrotreated
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light (PMN P–21–158) is subject to
reporting under this section for the
significant new uses described in
paragraph (a)(2) of this section. The
requirements of this section do not
apply to quantities of the substance after
they have been incorporated into a fuel,
fuel additive, fuel blending stock, or use
as a refinery feedstock (including, but
not limited to cracking, coking,
hydroprocessing, distillation, or
deasphalting).
(2) The significant new uses are:
(i) Protection in the workplace.
Requirements as specified in
§ 721.63(a)(1) and (3), (b) and (c). When
determining which persons are
reasonably likely to be exposed as
required for § 721.63(a)(1), engineering
control measures (e.g., enclosure or
confinement of the operation, general
and local ventilation) or administrative
control measures (e.g., workplace
policies and procedures) shall be
considered and implemented to prevent
exposure, where feasible. For purposes
of § 721.63(b), the concentration is set at
0.1%.
(ii) Hazard communication.
Requirements as specified in
§ 721.72(a).
(iii) Industrial, commercial, and
consumer use. It is a significant new use
to manufacture, process, or use the
substance other than for processing and
use as a fuel, fuel additive, fuel blending
stock, or refinery feedstock (including,
but not limited to cracking, coking,
hydroprocessing, distillation, or
deasphalting) subject to 40 CFR part 79
or 1090. It is a significant new use to
manufacture the substance using
feedstocks containing any amount of
heavy metals (arsenic, cadmium,
chromium VI, lead, mercury), dioxins,
phthalates, per- and polyfluoroalkyl
substances (PFAS), polybrominated
diphenyl ethers (PBDEs), alkylphenols,
perchlorates, benzophenone, bisphenol
A (BPA), organochlorine pesticides
(OCPs), ethyl glycol, methyl glycol, or
N-methyl-2-pyrrolidone (NMP). For
purposes of this SNUR PFAS or per- and
poly-fluoroalkyl substance means a
chemical substance that contains at least
one of these three structures:
(A) R-(CF2)-CF(R′)R″, where both the
CF2 and CF moieties are saturated
carbons;
(B) R-CF2OCF2-R′, where R and R′
can either be F, O, or saturated carbons;
or
(C) CF3C(CF3)R′R″, where R′ and R″
can either be F or saturated carbons.
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph (b).
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15:55 Jun 16, 2023
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(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (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.
§ 721.11795
Gases, C4-rich (generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance generically
identified as gases, C4-rich (PMN P–21–
160) is subject to reporting under this
section for the significant new uses
described in paragraph (a)(2) of this
section. The requirements of this section
do not apply to quantities of the
substance after they have been
incorporated into a fuel, fuel additive,
fuel blending stock, or use as a refinery
feedstock (including, but not limited to
cracking, coking, hydroprocessing,
distillation, or deasphalting).
(2) The significant new uses are:
(i) Protection in the workplace.
Requirements as specified in
§ 721.63(a)(1) and (3), (b) and (c). When
determining which persons are
reasonably likely to be exposed as
required for § 721.63(a)(1), engineering
control measures (e.g., enclosure or
confinement of the operation, general
and local ventilation) or administrative
control measures (e.g., workplace
policies and procedures) shall be
considered and implemented to prevent
exposure, where feasible. For purposes
of § 721.63(b), the concentration is set at
0.1%.
(ii) Hazard communication.
Requirements as specified in
§ 721.72(a).
(iii) Industrial, commercial, and
consumer use. It is a significant new use
to manufacture, process, or use the
substance other than for processing and
use as a fuel, fuel additive, fuel blending
stock, or refinery feedstock (including,
but not limited to cracking, coking,
hydroprocessing, distillation, or
deasphalting) subject to 40 CFR part 79
or 1090. It is a significant new use to
manufacture the substance using
feedstocks containing any amount of
heavy metals (arsenic, cadmium,
chromium VI, lead, mercury), dioxins,
phthalates, per- and polyfluoroalkyl
substances (PFAS), polybrominated
diphenyl ethers (PBDEs), alkylphenols,
perchlorates, benzophenone, bisphenol
A (BPA), organochlorine pesticides
(OCPs), ethyl glycol, methyl glycol, or
N-methyl-2-pyrrolidone (NMP). For
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Frm 00023
Fmt 4702
Sfmt 4702
purposes of this SNUR PFAS or per- and
poly-fluoroalkyl substance means a
chemical substance that contains at least
one of these three structures:
(A) R-(CF2)-CF(R′)R″, where both the
CF2 and CF moieties are saturated
carbons;
(B) R-CF2OCF2-R′, where R and R′
can either be F, O, or saturated carbons;
or
(C) CF3C(CF3)R′R″, where R′ and R″
can either be F or saturated carbons.
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph (b).
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through ((i), are applicable
to manufacturers, 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.
§ 721.11796
(generic).
Gases, catalytic cracking
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance generically
identified as gases, catalytic cracking
(PMN P–21–161) is subject to reporting
under this section for the significant
new uses described in paragraph (a)(2)
of this section. The requirements of this
section do not apply to quantities of the
substance after they have been
incorporated into a fuel, fuel additive,
fuel blending stock, or use as a refinery
feedstock (including, but not limited to
cracking, coking, hydroprocessing,
distillation, or deasphalting).
(2) The significant new uses are:
(i) Protection in the workplace.
Requirements as specified in
§ 721.63(a)(1) and (3), (b) and (c). When
determining which persons are
reasonably likely to be exposed as
required for § 721.63(a)(1), engineering
control measures (e.g., enclosure or
confinement of the operation, general
and local ventilation) or administrative
control measures (e.g., workplace
policies and procedures) shall be
considered and implemented to prevent
exposure, where feasible. For purposes
of § 721.63(b), the concentration is set at
0.1%.
(ii) Hazard communication.
Requirements as specified in
§ 721.72(a).
(iii) Industrial, commercial, and
consumer use. It is a significant new use
to manufacture, process, or use the
substance other than for processing and
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Federal Register / Vol. 88, No. 117 / Tuesday, June 20, 2023 / Proposed Rules
use as a fuel, fuel additive, fuel blending
stock, or refinery feedstock (including,
but not limited to cracking, coking,
hydroprocessing, distillation, or
deasphalting) subject to 40 CFR part 79
or 1090. It is a significant new use to
manufacture the substance using
feedstocks containing any amount of
heavy metals (arsenic, cadmium,
chromium VI, lead, mercury), dioxins,
phthalates, per- and polyfluoroalkyl
substances (PFAS), polybrominated
diphenyl ethers (PBDEs), alkylphenols,
perchlorates, benzophenone, bisphenol
A (BPA), organochlorine pesticides
(OCPs), ethyl glycol, methyl glycol, or
N-methyl-2-pyrrolidone (NMP). For
purposes of this SNUR PFAS or per- and
poly-fluoroalkyl substance means a
chemical substance that contains at least
one of these three structures:
(A) R-(CF2)-CF(R′)R″, where both the
CF2 and CF moieties are saturated
carbons;
(B) R-CF2OCF2-R′, where R and R′
can either be F, O, or saturated carbons;
or
(C) CF3C(CF3)R′R″, where R′, and R″
can either be F or saturated carbons.
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph (b).
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (i), are applicable
to manufacturers, 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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§ 721.11797 Residues, butane splitter
bottoms (generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance generically
identified as residues, butane splitter
bottoms (PMN P–21–162) is subject to
reporting under this section for the
significant new uses described in
paragraph (a)(2) of this section. The
requirements of this section do not
apply to quantities of the substance after
they have been incorporated into a fuel,
fuel additive, fuel blending stock, or use
as a refinery feedstock (including, but
not limited to cracking, coking,
hydroprocessing, distillation, or
deasphalting).
(2) The significant new uses are:
(i) Protection in the workplace.
Requirements as specified in
§ 721.63(a)(1) and (3), (b) and (c). When
determining which persons are
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15:55 Jun 16, 2023
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reasonably likely to be exposed as
required for § 721.63(a)(1), engineering
control measures (e.g., enclosure or
confinement of the operation, general
and local ventilation) or administrative
control measures (e.g., workplace
policies and procedures) shall be
considered and implemented to prevent
exposure, where feasible. For purposes
of § 721.63(b), the concentration is set at
0.1%.
(ii) Hazard communication.
Requirements as specified in
§ 721.72(a).
(iii) Industrial, commercial, and
consumer use. It is a significant new use
to manufacture, process, or use the
substance other than for processing and
use as a fuel, fuel additive, fuel blending
stock, or refinery feedstock (including,
but not limited to cracking, coking,
hydroprocessing, distillation, or
deasphalting) subject to 40 CFR part 79
or 1090. It is a significant new use to
manufacture the substance using
feedstocks containing any amount of
heavy metals (arsenic, cadmium,
chromium VI, lead, mercury), dioxins,
phthalates, per- and polyfluoroalkyl
substances (PFAS), polybrominated
diphenyl ethers (PBDEs), alkylphenols,
perchlorates, benzophenone, bisphenol
A (BPA), organochlorine pesticides
(OCPs), ethyl glycol, methyl glycol, or
N-methyl-2-pyrrolidone (NMP). For
purposes of this SNUR PFAS or per- and
poly-fluoroalkyl substance means a
chemical substance that contains at least
one of these three structures:
(A) R-(CF2)-CF(R′)R″, where both the
CF2 and CF moieties are saturated
carbons;
(B) R-CF2OCF2-R′, where R and R′
can either be F, O, or saturated carbons;
or
(C) CF3C(CF3)R′R″, where R′ and R″
can either be F or saturated carbons.
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph (b).
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (i), are applicable
to manufacturers, 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.
§ 721.11798 Tail gas, saturate gas plant
mixed stream, C4-rich (generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance generically
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39817
identified as tail gas, saturate gas plant
mixed stream, C4-rich (PMN P–21–163)
is subject to reporting under this section
for the significant new uses described in
paragraph (a)(2) of this section. The
requirements of this section do not
apply to quantities of the substance after
they have been incorporated into a fuel,
fuel additive, fuel blending stock, or use
as a refinery feedstock (including, but
not limited to cracking, coking,
hydroprocessing, distillation, or
deasphalting).
(2) The significant new uses are:
(i) Protection in the workplace.
Requirements as specified in
§ 721.63(a)(1) and (3), (b) and (c). When
determining which persons are
reasonably likely to be exposed as
required for § 721.63(a)(1), engineering
control measures (e.g., enclosure or
confinement of the operation, general
and local ventilation) or administrative
control measures (e.g., workplace
policies and procedures) shall be
considered and implemented to prevent
exposure, where feasible. For purposes
of § 721.63(b), the concentration is set at
0.1%.
(ii) Hazard communication.
Requirements as specified in
§ 721.72(a).
(iii) Industrial, commercial, and
consumer use. It is a significant new use
to manufacture, process, or use the
substance other than for processing and
use as a fuel, fuel additive, fuel blending
stock, or refinery feedstock (including,
but not limited to cracking, coking,
hydroprocessing, distillation, or
deasphalting) subject to 40 CFR part 79
or 1090. It is a significant new use to
manufacture the substance using
feedstocks containing any amount of
heavy metals (arsenic, cadmium,
chromium VI, lead, mercury), dioxins,
phthalates, per- and polyfluoroalkyl
substances (PFAS), polybrominated
diphenyl ethers (PBDEs), alkylphenols,
perchlorates, benzophenone, bisphenol
A (BPA), organochlorine pesticides
(OCPs), ethyl glycol, methyl glycol, or
N-methyl-2-pyrrolidone (NMP). For
purposes of this SNUR PFAS or per- and
poly-fluoroalkyl substance means a
chemical substance that contains at least
one of these three structures:
(A) R-(CF2)-CF(R′)R″, where both the
CF2 and CF moieties are saturated
carbons;
(B) R-CF2OCF2-R′, where R and R′
can either be F, O, or saturated carbons;
or
(C) CF3C(CF3)R′R″ where R′ and R″
can either be F or saturated carbons.
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph (b).
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Federal Register / Vol. 88, No. 117 / Tuesday, June 20, 2023 / Proposed Rules
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (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. 2023–13012 Filed 6–16–23; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
43 CFR Parts 1600 and 6100
[LLHQ230000.23X.L117000000.PN0000]
RIN 1004–AE92
Conservation and Landscape Health:
Extension of Comment Period
Bureau of Land Management,
Interior.
ACTION: Proposed rule; extension of
comment period.
AGENCY:
On April 3, 2023, the Bureau
of Land Management (BLM) published
in the Federal Register a proposed rule
that, pursuant to the Federal Land
Policy and Management Act of 1976
(FLPMA), as amended, and other
relevant authorities, would advance the
BLM’s mission to manage the public
lands for multiple use and sustained
yield by prioritizing the health and
resilience of ecosystems across those
lands. To ensure that health and
resilience, the proposed rule provides
that the BLM will protect intact
landscapes, restore degraded habitat,
and make wise management decisions
based on science and data. The BLM has
determined that it is appropriate to
extend the comment period for the
docket until July 5, 2023, to allow for
additional public comment.
DATES: The comment period for the
proposed rule originally published on
April 3, 2023, at 88 FR 19583.
Comments must be submitted on or
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SUMMARY:
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15:55 Jun 16, 2023
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before July 5, 2023. The BLM need not
consider, or include in the
administrative record for the final rule,
comments that the BLM receives after
the close of the comment period or
comments delivered to an address other
than those listed in the ADDRESSES
section.
ADDRESSES: Mail, personal, or
messenger delivery: U.S. Department of
the Interior, Director (HQ–630), Bureau
of Land Management, Room 5646, 1849
C St. NW, Washington, DC 20240,
Attention: Regulatory Affairs: 1004–AE–
92 or 1004–AE92. Federal eRulemaking
Portal: https://www.regulations.gov. In
the Searchbox, enter ‘‘RIN 1004–AE–92’’
and click the ‘‘Search’’ button. Follow
the instructions at this website.
FOR FURTHER INFORMATION CONTACT:
Patricia Johnston, project manager,
Division of Wildlife Conservation,
Aquatics, and Environmental Protection
at pjohnsto@blm.gov, for information on
the rule. For information on procedural
matters or the rulemaking process, you
may contact Chandra Little, Regulatory
Analyst for the Office of Regulatory
Affairs, at 202–912–7403. Individuals in
the United States who are deaf, blind,
hard of hearing, or have a speech
disability may dial 711 (TTY, TDD, or
TeleBraille) to access
telecommunications relay services.
Individuals outside the United States
should use the relay services offered
within their country to make
international calls to the point-of
contact in the United States.
SUPPLEMENTARY INFORMATION:
and explain the reason for any changes
you recommend. Where possible, your
comments should reference the specific
section or paragraph of the proposal that
you are addressing. The comments and
recommendations that will be most
useful and likely to influence agency
decisions are:
1. Those supported by quantitative
information or studies; and
2. Those that include citations to, and
analyses of, the applicable laws and
regulations. The BLM is not obligated to
consider or include in the
Administrative Record for the final rule
comments that we receive after the close
of the comment period (see DATES) or
comments delivered to an address other
than those listed above (see ADDRESSES).
Comments, including names and street
addresses of respondents, will be
available for public review at the
address listed under ADDRESSES: Mail,
personal, or messenger delivery’’ during
regular business hours (7:45 a.m. to 4:15
p.m. EST), Monday through Friday,
except holidays. Before including your
address, telephone number, email
address, or other personal identifying
information in your comment, be
advised that your entire comment—
including your personal identifying
information—may be made publicly
available at any time. While you can ask
us in your comment to withhold from
public review your personal identifying
information, we cannot guarantee that
we will be able to do so.
Public Comment Procedures
If you wish to comment on this
proposed rule, you may submit your
comments to the BLM, marked with the
number RIN 1004–AE–92 or 1004–
AE92, by mail, personal or messenger
delivery, or through https://
www.regulations.gov (see the ADDRESSES
section). Please note that comments on
this proposed rule’s information
collection burdens should be submitted
to the OMB as described in the
ADDRESSES section. Please make your
comments on the proposed rule as
specific as possible, confine them to
issues pertinent to the proposed rule,
The proposed rule was published on
April 3, 2023 (88 FR 19583), with a 75day comment period closing on June 20,
2023. Since publication, the BLM has
received requests for extension of the
comment period on the proposed rule.
The BLM has determined that it is
appropriate to extend the comment
period for the docket until July 5, 2023,
to allow for additional public comment.
PO 00000
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Background
Laura Daniel-Davis,
Principal Deputy Assistant Secretary, Land
and Minerals Management.
[FR Doc. 2023–13050 Filed 6–16–23; 8:45 am]
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]]>Agencies
[Federal Register Volume 88, Number 117 (Tuesday, June 20, 2023)]
[Proposed Rules]
[Pages 39804-39818]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13012]
[[Page 39804]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 721
[EPA-HQ-OPPT-2023-0245; FRL-10985-01-OCSPP]
RIN 2070-AB27
Significant New Use Rules on Certain Chemical Substances (23-
2.5e)
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing significant new use rules (SNURs) under the
Toxic Substances Control Act (TSCA) for certain chemical substances
that were the subject of premanufacture notices (PMNs) and are also
subject to an Order issued by EPA pursuant to TSCA. The SNURs require
persons who intend to manufacture (defined by statute to include
import) or process any of these chemical substances for an activity
that is proposed as a significant new use by this rule to notify EPA at
least 90 days before commencing that activity. The required
notification initiates EPA's evaluation of the use, under the
conditions of use for that chemical substance, within the applicable
review period. Persons may not commence manufacture or processing for
the significant new use until EPA has conducted a review of the notice,
made an appropriate determination on the notice, and has taken such
actions as are required by that determination.
DATES: Comments must be received on or before July 20, 2023.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPPT-2023-0245, 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. Executive Summary
A. 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 II.
B. 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-2023-0245, includes information considered by the Agency in
developing these proposed SNURs.
C. Why is the Agency taking this action?
The Agency is proposing these SNURs to ensure that EPA receives
timely advanced notice of any future manufacturing (including
importing) or processing of the chemical substances subject to these
proposed SNURs for uses identified as significant new uses, and to
ensure that an appropriate determination (relevant to the potential
risks associated with such manufacturing (including importing),
processing, distribution in commerce, use and disposal) has been issued
prior to the commencement of such manufacturing (including importing)
or processing. The proposed SNURs are necessary to ensure that
manufacturing (including import) or processing for significant new uses
cannot proceed until EPA has responded to the planned new use
circumstances by taking the required actions under TSCA sections 5(e)
or 5(f) in the event that EPA determines that: (1) The significant new
use presents an unreasonable risk under the conditions of use (without
consideration of costs or other nonrisk factors, and including an
unreasonable risk to a potentially exposed or susceptible subpopulation
(PESS) identified as relevant by EPA); (2) The information available to
EPA is insufficient to permit a reasoned evaluation of the health and
environmental effects of the significant new use; (3) In the absence of
sufficient information, the manufacturing (including importing),
processing, distribution in commerce, use, or disposal of the
substance, or any combination of such activities, may present an
unreasonable risk (without consideration of costs or other nonrisk
factors, and including an unreasonable risk to a PESS identified as
relevant by EPA); or (4) There is substantial production and sufficient
potential for environmental release or human exposure (as defined in
TSCA section 5(a)(3)(B)(ii)(II)). For manufacturing (including
importing) or processing for the significant new use to proceed after
EPA has made one of these four determinations, EPA must take actions
under TSCA sections 5(e) or 5(f) to protect health and the environment.
However, EPA may also determine that the significant new use is not
likely to present an unreasonable risk under TSCA section 5(a)(3)(C),
after which manufacturing (including importing) or processing for the
significant new use may proceed.
The rationale and objectives for this proposed SNUR are further
explained in Unit II.B.
D. Does this action apply to me?
1. General applicability.
This action may apply to you if you manufacture (defined by statute
to include import), process, or use the chemical substances addressed
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.
2. Applicability to importers and exporters.
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 (see also 19 CFR
127.28), and the EPA policy in support of import
[[Page 39805]]
certification at 40 CFR part 707, subpart B. Chemical importers must
certify that the shipment of the chemical substance complies with all
applicable rules and Orders under TSCA, including regulations issued
under TSCA sections 5, 6, 7 and Title IV.
In addition, pursuant to 40 CFR 721.20, this action may also apply
to any persons who export or intend to export a chemical substance that
is the subject of this proposed rule on or after July 20, 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.
E. What are the estimated incremental impacts of this action?
EPA has evaluated the potential costs of establishing SNUR
reporting requirements for potential manufacturers (including
importers) and processors of the chemical substances included in this
proposed rule. This analysis, which is available in the docket, is
briefly summarized here.
1. Estimated costs for SNUN submissions.
If a SNUN is submitted, costs are an estimated $26,700 per SNUN
submission for large business submitters and $11,000 for small business
submitters. These estimates include the cost to prepare and submit the
SNUN (including registration for EPA's Central Data Exchange (CDX)),
and the payment of a user fee. Businesses that submit a SNUN would be
subject to either a $19,020 user fee required by 40 CFR
700.45(c)(2)(ii) and (d), or, if they are a small business as defined
at 13 CFR 121.201, a reduced user fee of $3,300 (40 CFR
700.45(c)(1)(ii) and (d)) per fiscal year 2022. The costs of submission
for SNUNs will not be incurred by any company unless a company decides
to pursue a significant new use as defined in this proposed SNUR.
Additionally, these estimates reflect the costs and fees as they are
known at the time of this rulemaking.
2. Estimated costs for export notifications.
EPA has also evaluated the potential costs associated with the
export notification requirements under TSCA section 12(b) and the
implementing regulations at 40 CFR part 707, subpart D, which require
exporters to notify EPA if they export or intend to export a chemical
substance or mixture for which, among other things, a rule has been
proposed or promulgated under TSCA section 5. For persons exporting a
substance that is the subject of a SNUR, a one-time notice to EPA must
be provided for the first export or intended export to a particular
country. The total costs of export notification will vary by chemical,
depending on the number of required notifications (i.e., the number of
countries to which the chemical is exported). While EPA is unable to
make any estimate of the likely number of export notifications for the
chemical substances covered by these proposed SNURs, as stated in the
accompanying economic analysis, the estimated cost of the export
notification requirement on a per unit basis is approximately $106.
F. What should I consider as I prepare my comments for EPA?
1. Submitting CBI.
Do not submit this information to EPA through https://www.regulations.gov or email. If you wish to include CBI in your
comment, please follow the applicable instructions at https://www.epa.gov/dockets/commenting-epa-dockets#rules and clearly mark the
part or all of the information that you claim to be 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. Significant New Use Determination
1. Determination factors.
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 addition to the factors enumerated in TSCA section 5(a)(2), the
statute authorizes EPA to consider any other relevant factors.
2. Scientific standards, evidence, and available information.
EPA has used reasonably available information, as well as technical
procedures, measures, methods, protocols, methodologies, and models
consistent with the best available science, as applicable. These
information sources supply information relevant to whether a particular
use would be a significant new use, based on relevant factors including
those listed under TSCA section 5(a)(2).
The clarity and completeness of the data, assumptions, methods,
quality assurance, and analyses employed in EPA's decision are
documented, as applicable and to the extent necessary for purposes of
the proposed SNURs, in the references cited throughout the preamble of
this proposed rule. The extent to which the various information,
procedures, measures, methods, protocols, methodologies or models used
in EPA's decision have been subject to independent verification or peer
review is adequate to justify their use, collectively, in the record
for a significant new use rule.
3. Determination for these chemical substances.
In determining what would constitute a significant new use for the
chemical substances that are the subject of these proposed 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 Unit
II.A.1.
These proposed SNURs include PMN substances that are subject to
Orders issued under TSCA section 5(e)(1)(A), as required by the
determinations made under TSCA section 5(a)(3)(B). 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 18 proposed rules also identify as an additional significant
new use, manufacturing or processing of the chemical substances using
feedstocks that contain any amount of contaminants listed in the
proposed rules. This preamble also identifies the sources of data
documenting the presence or absence of such contaminants in pyrolysis
products
[[Page 39806]]
derived from plastic waste. The 18 proposed rules identify as an
additional significant new use the manufacturing or processing of the
chemical substances using feedstocks that contain any amount of heavy
metals (arsenic, cadmium, chromium VI, lead, mercury), dioxins,
phthalates, per- and polyfluoroalkyl substances (PFAS), polybrominated
diphenyl ethers (PBDEs), alkylphenols, perchlorates, benzophenone,
bisphenol A (BPA), organochlorine pesticides (OCPs), ethyl glycol,
methyl glycol, or N-methyl-2-pyrrolidone (NMP). For purposes of this
SNUR PFAS or per- and poly-fluoroalkyl substance means a chemical
substance that contains at least one of these three structures:
(i) R-(CF2)-CF(R')R'', where both the CF2 and CF moieties are
saturated carbons;
(ii) R-CF2OCF2-R', where R and R' can either be F, O, or saturated
carbons; or
(iii) CF3C(CF3)R'R'', where R' and R'' can either be F or saturated
carbons.
By identifying this additional significant new use, EPA is ensuring
these substances cannot be manufactured or processed using feedstocks
that contain these substances, without additional Agency review. EPA is
determining that this is a significant new use because subsequent to
issuance of the TSCA section 5(e) orders for these substances EPA
became aware that the precursor chemicals for the PMN substances may
contain contaminants of concern that were not previously identified.
See the following references to sources of these chemical substances in
this unit:
US EPA (2016). ``State of the Science White Paper: A
Summary of Literature on the Chemical Toxicity of Plastics Pollution to
Aquatic Life and Aquatic-Dependent Wildlife.'' Document ID No. EPA-822-
R-16-009 (2016). See https://www.epa.gov/sites/default/files/2016-12/documents/plastics-aquatic-life-report.pdf.
European Chemicals Agency (August 2021), entitled
``Chemical Recycling of Polymeric Materials from Waste in the Circular
Economy Final Report.'' See https://echa.europa.eu/documents/10162/1459379/chem_recycling_final_report_en.pdf/887c4182-8327-e197-0bc4-17a5d608de6e.
Environmental Defense Fund Supply Chain Solutions Center
(2022). Understanding Packaging Scorecard as referenced by the
Environmental Defense Fund entitled ``Key chemicals of concern in food
packaging and food handling equipment.'' See https://supplychain.edf.org/files/downloadable-TABLE-CoCs-in-Food-Packaging.pdf.
Whitehead, Heather et al. (2023). ``Directly Fluorinated
Containers as a Source of Perfluoroalkyl Carboxylic Acids.'' Environ.
Sci. Technol. Lett. 2023, 10, 4, 350-355, Publication Date: March 6,
2023. See https://doi.org/10.1021/acs.estlett.3c00083.
US EPA (2021). Research BRIEF: ``Potential PFAS
Destruction Technology: Pyrolysis and Gasification.'' January 2021. See
https://www.epa.gov/sites/default/files/2021-01/documents/pitt_research_brief_pyrolysis_final_jan_27_2021_508.pdf.
Thoma, Eben et al. (2022). ``Pyrolysis processing of PFAS-
impacted biosolids, a pilot study.'' Journal of the Air and Waste
Management Association. February 2022. See https://doi.org/10.1080/10962247.2021.2009935.
Turner et al. (2021). ``Hazardous metal additives in
plastics and their environmental impacts.'' Environment International,
Volume 156, November 2021, 106622. See https://www.sciencedirect.com/science/article/pii/S0160412021002476.
For each of the 18 proposed SNURs containing significant new uses
not based on the Order requirements, EPA is also proposing to make the
general reporting exemption described in 40 CFR 721.45(i) inapplicable
to each SNUR to ensure that persons subject to the Order would also be
subject to the significant new use notification requirements in this
proposed rule, including those that are not based on Order
requirements. 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 TSCA section 5(e) applicable to that person.
If a provision of such TSCA section 5(e) order is inconsistent with a
specific significant new use identified in subpart E of 40 CFR part
721, abiding by the provision of the TSCA section 5(e) order exempts
the person from submitting a significant new use notice for that
specific significant new use.'' EPA is now proposing these SNURs to
require notice to and review by EPA before these chemicals are used in
new ways that might create concerns due to increases in exposures or
environmental releases.
B. Rationale and Objectives of This Proposed Rule
1. Rationale.
During review of the PMNs submitted for the chemical substances
that are subject to these proposed SNURs, EPA concluded that regulation
was warranted under TSCA section 5(e), pending the development of
information sufficient to make reasoned evaluations of the health or
environmental effects of the chemical substances. The basis for such
findings is outlined in Unit III. 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.
Subsequent to the issuance of TSCA section 5(e) orders for these
substances EPA became aware that the precursor chemicals for the PMN
substances may contain contaminants not previously identified, whose
presence might indicate a risk that needs to be addressed.
2. 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 an additional significant new use,
manufacturing or processing of the chemical substances using feedstocks
that contain any amount of the chemicals listed in proposed rules.
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.
C. Applicability of General Provisions to These Proposed SNURs
General provisions for SNURs appear in 40 CFR part 721, subpart A.
These provisions describe persons required to submit a Significant New
Use Notice (SNUN), recordkeeping requirements, and exemptions to
reporting requirements, among other things.
[[Page 39807]]
Provisions relating to user fees appear at 40 CFR part 700.
Pursuant to 40 CFR 721.1(c), persons submitting a SNUN are subject to
the same requirements and regulatory procedures as submitters of PMNs
under TSCA section 5(a)(1)(A). These 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, except where modified in part 721.
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 addressed in the SNUN 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.
D. Applicability of the Proposed SNURs to Uses Occurring Before the
Effective Date of the Final Rule
Any use that EPA determines, in the final rule, was ongoing as of
the date of publication of this proposal and did not cease prior to
issuance of the final rule, will not be designated as a significant new
use in the final rule. EPA has no information to suggest that any of
the significant new uses identified in this proposed rule are ongoing
and, as explained below, has information indicating that none of the
chemical substances subject to the SNURs proposed in this document are
being manufactured or processed in the United States for commercial
purposes.
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 is not on the
TSCA Inventory, no person may commence any activities without first
submitting a PMN. Therefore, when EPA has received a PMN for a chemical
substance but has not received a NOC for that same substance, the fact
that a NOC has not been received is evidence that no manufacturing or
processing of the chemical substance is occuring in the United States.
EPA has not received a notice of commencement for any of the chemical
substances in this proposed SNUR, which indicates that the substances
have not been manufactured for commercial purposes, with or without the
chemical substances that would constitute a significant new use.
As discussed in the Federal Register of April 24, 1990 (55 FR 17376
(FRL-3658-5)), EPA has decided that the intent of TSCA section
5(a)(1)(B) is best served by designating a use as a significant new use
as of the date of publication of the proposed rule rather than as of
the effective date of the final rule. The objective of EPA's approach
is to ensure that a person cannot impede finalization of a SNUR by
initiating a significant new use after publication of the proposed rule
but before the effective date of the final rule. Uses arising after the
publication of the proposed rule are distinguished from uses that are
identified in the final rule as having been ongoing on the date of
publication of the proposed rule. The former would be new uses, the
latter ongoing uses, except that uses that are identified as ongoing as
of the publication of the proposed rule would not be considered ongoing
uses if they have ceased by the date of issuance of a final rule.
In the unlikely event that before a final rule becomes effective a
person begins commercial manufacturing (including importing) or
processing of the chemical substances for a use that is designated as a
significant new use in that final rule, such a 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 all TSCA
prerequisites for the commencement of manufacture or processing have
been satisfied.
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.
E. Important Information About SNUN Submissions
1. 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.
2. Development and submission of information with the SNUN.
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 otherwise
required to submit information for a chemical substance subject to the
SNUR pursuant to a rule, TSCA 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 may
determine under TSCA section 5(e) that it is necessary to require
appropriate testing. Unit IV. 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 III. will be useful to EPA's evaluation in the event
that someone submits a SNUN for the significant new use.
EPA strongly encourages persons to consult with the Agency before
performing any testing. 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 III. 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
[[Page 39808]]
under TSCA sections 5(e) or 5(f). EPA recommends that potential SNUN
submitters contact EPA early enough so that they will be able to
conduct the appropriate tests.
SNUN submitters should be aware that EPA will be better able to
evaluate SNUNs which provide detailed information on the following:
Human exposure and environmental release that may result
from the significant new use of the chemical substances.
Information on risks posed by the chemical substances
compared to risks posed by potential substitutes.
III. 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. EPA
provides the following information for each chemical substance that is
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).
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 Numbers (proposed 40 CFR citation): P-21-144 (40 CFR
721.11781), P-21-145 (40 CFR 721.11782), P-21-146 (40 CFR 721.11783),
P-21-147 (40 CFR 721.11784), P-21-148 (40 CFR 721.11785), P-21-149 (40
CFR 721.11786), P-21-150 (40 CFR 721.11787), P-21-152 (40 CFR
721.11788), P-21-153 (40 CFR 721.11789), P-21-154 (40 CFR 721.11790),
P-21-155 (40 CFR 721.11791), P-21-156 (40 CFR 721.11792), P-21-157 (40
CFR 721.11793), P-21-158 (40 CFR 721.11794), P-21-160 (40 CFR
721.11795), P-21-161 (40 CFR 721.11796), P-21-162 (40 CFR 721.11797),
and P-21-163 (40 CFR 721.11798).
Chemical Names: Naphtha, heavy catalytic cracked (generic) (P-21-
144), Naphtha, heavy alkylate (generic) (P-21-145), Naphtha, full range
alkylate, butane-contg. (generic) (P-21-146), Naphtha, hydrotreated
heavy (generic) (P-21-147), Naphtha, light catalytic cracked (generic)
(P-21-148), Naphtha, light alkylate (generic) (P-21-149), Naphtha,
hydrotreated light (generic) (P-21-150), Clarified oils, catalytic
cracked (generic) (P-21-152), Distillates, hydrotreated heavy (generic)
(P-21-153), Gas Oils hydrotreated vacuum (generic) (P-21-154),
Distillates, light catalytic cracked (generic) (P-21-155), Distillates,
clay-treated middle (P-21-156), Distillates, hydrotreated middle
(generic) (P-21-157), Distillates, hydrotreated light (generic) (P-21-
158), Gases, C4-rich (generic) (P-21-160), Gases, catalytic cracking
(generic) (P-21-161), Residues, butane splitter bottoms (generic) (P-
21-162), and Tail gas, saturate gas plant mixed stream, C4-rich
(generic) (P-21-163).
CAS Numbers: Not available.
Effective Date of TSCA Order: August 25, 2022.
Basis for TSCA Order: The PMNs state that the uses will be as a
fuel, fuel additive, fuel blending stock, or refinery feedstock
(including, but not limited to cracking, coking, hydroprocessing,
distillation, or deasphalting). Based on analogous mixtures and
constituents of the PMN substances, EPA has identified concerns for
skin and eye irritation, acute toxicity, systemic toxicity
(neurotoxicity, body weight effects, and liver, kidney, blood, spleen,
and other organ effects), reproductive and developmental toxicity, oral
and inhalation portal entry effects, genetic toxicity, and
carcinogenicity. Based on the petroleum chemical composition, EPA has
also identified concerns for hydrocarbon pneumonia/aspiration hazard
and respiratory tract irritation. Based on comparison to analogous fuel
streams, EPA predicts toxicity to aquatic organisms may occur at
concentrations that exceed 0.03 ppb. The Order was issued under TSCA
sections 5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I), based on a finding
that in the absence of sufficient information to permit a reasoned
evaluation, the substance may present an unreasonable risk of injury to
human health and the environment. To protect against these risks, the
Order requires:
No manufacture, processing, or use of the PMN substances
other than for processing and use as a fuel, fuel additive, fuel
blending stock, or refinery feedstock (including, but not limited to
cracking, coking, hydroprocessing, distillation, or deasphalting)
subject to 40 CFR part 79 or 1090;
Use of personal protective equipment where there is a
potential for dermal exposure; and
Establishment of a hazard communication program.
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 a significant new use:
Manufacture of the PMN substances using feedstocks
containing any amount of heavy metals (arsenic, cadmium, chromium VI,
lead, mercury), dioxins, phthalates, per- and polyfluoroalkyl
substances (PFAS), polybrominated diphenyl ethers (PBDEs),
alkylphenols, perchlorates, benzophenone, bisphenol A (BPA),
organochlorine pesticides (OCPs), ethyl glycol, methyl glycol, or N-
methyl-2-pyrrolidone (NMP). For purposes of this SNUR PFAS or per- and
poly-fluoroalkyl substance means a chemical substance that contains at
least one of these three structures:
(i) R-(CF2)-CF(R')R'', where both the CF2 and CF moieties are
saturated carbons;
(ii) R-CF2OCF2-R', where R and R' can either be F, O, or saturated
carbons; or
(iii) CF3C(CF3)R'R'', where R' and R'' can either be F or saturated
carbons.
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 skin
irritation, eye irritation, respiratory depression/irritation,
hydrocarbon pneumonia/aspiration hazard, reproductive developmental
toxicity, systemic toxicity, genetic toxicity, carcinogenicity, aquatic
toxicity, and consumer inhalation exposure at gas station testing 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.
IV. 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 Orders 12866: Regulatory Planning and Review and 14094:
Modernizing Regulatory Review
This action is exempt from review under Executive Order 12866 (58
FR 51735, October 4, 1993), as amended by Executive Order 14094 (88 FR
21879, April 11, 2023), because it will establish SNURs for several new
chemical substances that were the subject of PMNs.
[[Page 39809]]
B. Paperwork Reduction Act (PRA)
This action does not impose any new information collection burden
under the PRA, 44 U.S.C. 3501 et seq. OMB has previously approved the
information collection activities contained in the existing SNUR
regulations under OMB Control No. 2070-0038 (EPA ICR No. 1188.13). If
an entity were to submit a SNUN to the Agency, the annual burden is
estimated to be less than 100 hours per response, and the estimated
burden for export notifications is less than 1.5 hours per
notification. In both cases, if the firm submitting either a SNUN or
export notification is already registered in CDX, the burden would be
lower than the presented estimates.
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 the 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.
Consistent with the PRA, EPA is interested in comments about the
accuracy of the burden estimate, and any suggested methods for
minimizing respondent burden or improving the automated collection
techniques.
C. Regulatory Flexibility Act (RFA)
I certify this action will not have a significant economic impact
on a substantial number of small entities under the RFA, 5 U.S.C. 601
et seq. The small entities subject to the requirements of this action
are potential future manufacturers (defined by statute to include
importers), processors, and exporters of one or more subject chemical
substances for a significant new use designated in the proposed SNURs.
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, the
Agency has determined 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 $11,164 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)
This action does not contain any unfunded mandates as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. 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 does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999), because it will
not have a substantial direct effect on states, on the relationship
between the national government and the states, or on the distribution
of power and responsibilities among the various levels of government.
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 will
not have substantial direct effects on tribal governments, on the
relationship between the Federal Government and the Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes. This action will not significantly nor
uniquely affect the communities of 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
EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997)
as applying only to regulatory actions considered significant under
section 3(f)(1) of Executive Order 12866 and that concern environmental
health or safety risks that EPA has reason to believe may
disproportionately affect children, per the definition of ``covered
regulatory action'' in section 2-202 of Executive Order 13045. Since
this is not a ``covered regulatory action,'' Executive Order 13045 does
not apply. However, the EPA Policy on Children's Health does apply to
the consideration of the SNUNs submitted to EPA in response to a SNUR.
SNURs do not address an existing children's environmental health
concern because the chemical uses involved in the SNUR are not ongoing
uses. SNURs require that persons notify EPA at least 90 days before
commencing manufacture (defined by statute to include import) or
processing the chemical substances for an activity that is designated
as a significant new use by this rule. This notification allows EPA to
assess the intended uses to identify potential risks and take
appropriate actions before the activities commence, which includes the
consideration of potentially exposed or susceptible subpopulations
identified as relevant for the chemical under the intended uses
identified in the SNUN.
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 it is not a ``significant regulatory action''
under Executive Order 12866.
I. National Technology Transfer and Advancement Act (NTTAA)
This action does not involve any technical standards under the
NTTAA section 12(d) (15 U.S.C. 272 note).
[[Page 39810]]
J. Executive Orders 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
Executive Order 12898 (59 FR 7629, February 16, 1994) directs
Federal agencies, to the greatest extent practicable and permitted by
law, to make environmental justice part of their mission by identifying
and addressing, as appropriate, disproportionately high and adverse
human health or environmental effects of their programs, policies, and
activities on minority populations (people of color and/or indigenous
peoples) and low-income populations. This action is not subject to
Executive Order 12898 (59 FR 7629, February 16, 1994) because it does
not establish an environmental health or safety standard.
EPA believes that this action is not likely to result in new
disproportionate and adverse effects on people of color, low-income
populations and/or indigenous peoples because the chemical uses
addressed in these SNURs are not ongoing uses. In addition, the
notification required by these SNURs allows EPA to evaluate the SNUN to
assess the intended uses to identify potential risks and take
appropriate actions before the activities addressed in the SNUN
commence, which includes the consideration of potentially exposed or
susceptible subpopulations identified as relevant for the chemical
under the intended uses identified in the SNUN.
List of Subjects in 40 CFR Part 721
Environmental protection, Chemicals, Hazardous substances,
Reporting and recordkeeping requirements.
Dated: June 13, 2023.
Denise Keehner,
Director, Office of Pollution Prevention and Toxics.
Therefore, for the reasons stated in the preamble, EPA proposes to
amend 40 CFR chapter I 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. 721.11781 through 721.11798 to read as follows:
Subpart E--Significant New Uses for Specific Chemical Substances
Sec.
* * * * *
721.11781 Naphtha, heavy catalytic cracked (generic).
721.11782 Naphtha, heavy alkylate (generic).
721.11783 Naphtha, full range alkylate, butane-contg. (generic).
721.11784 Naphtha, hydrotreated heavy (generic).
721.11785 Naphtha, light catalytic cracked (generic).
721.11786 Naphtha, light alkylate (generic).
721.11787 Naphtha, hydrotreated light (generic).
721.11788 Clarified oils, catalytic cracked (generic).
721.11789 Distillates, hydrotreated heavy (generic).
721.11790 Gas oils hydrotreated vacuum (generic).
721.11791 Distillates, light catalytic cracked (generic).
721.11792 Distillates, clay-treated middle (generic).
721.11793 Distillates, hydrotreated middle (generic).
721.11794 Distillates, hydrotreated light (generic).
721.11795 Gases, C4-rich (generic).
721.11796 Gases, catalytic cracking (generic).
721.11797 Residues, butane splitter bottoms (generic).
721.11798 Tail gas, saturate gas plant mixed stream, C4-rich
(generic).
* * * * *
Sec. 721.11781 Naphtha, heavy catalytic cracked (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance generically identified as
naphtha, heavy catalytic cracked (PMN P-21-144) is subject to reporting
under this section for the significant new uses described in paragraph
(a)(2) of this section. The requirements of this section do not apply
to quantities of the substance after they have been incorporated into a
fuel, fuel additive, fuel blending stock, or use as a refinery
feedstock (including, but not limited to cracking, coking,
hydroprocessing, distillation, or deasphalting).
(2) The significant new uses are:
(i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1) and (3), (b) and (c). When determining which persons are
reasonably likely to be exposed as required for Sec. 721.63(a)(1),
engineering control measures (e.g., enclosure or confinement of the
operation, general and local ventilation) or administrative control
measures (e.g., workplace policies and procedures) shall be considered
and implemented to prevent exposure, where feasible. For purposes of
Sec. 721.63(b), the concentration is set at 0.1%.
(ii) Hazard communication. Requirements as specified in Sec.
721.72(a).
(iii) Industrial, commercial, and consumer use. It is a significant
new use to manufacture, process, or use the substance other than for
processing and use as a fuel, fuel additive, fuel blending stock, or
refinery feedstock (including, but not limited to cracking, coking,
hydroprocessing, distillation, or deasphalting) subject to 40 CFR part
79 or 1090. It is a significant new use to manufacture the substance
using feedstocks containing any amount of heavy metals (arsenic,
cadmium, chromium VI, lead, mercury), dioxins, phthalates, per- and
polyfluoroalkyl substances (PFAS), polybrominated diphenyl ethers
(PBDEs), alkylphenols, perchlorates, benzophenone, bisphenol A (BPA),
organochlorine pesticides (OCPs), ethyl glycol, methyl glycol, or N-
methyl-2-pyrrolidone (NMP). For purposes of this SNUR PFAS or per- and
poly-fluoroalkyl substance means a chemical substance that contains at
least one of these three structures:
(A) R-(CF2)-CF(R')R'', where both the CF2 and CF moieties are
saturated carbons;
(B) R-CF2OCF2-R', where R and R' can either be F, O, or saturated
carbons; or
(C) CF3C(CF3)R'R'', where R' and R'' can either be F or saturated
carbons.
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (i), are applicable to manufacturers, 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. 721.11782 Naphtha, heavy alkylate (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance generically identified as
naphtha, heavy alkylate (PMN P-21-145) is subject to reporting under
this section for the significant new uses described in paragraph (a)(2)
of this section. The requirements of this section do not apply to
quantities of the substance after they have been incorporated into a
fuel, fuel additive, fuel blending stock, or use as a refinery
feedstock (including, but not limited to cracking, coking,
hydroprocessing, distillation, or deasphalting).
(2) The significant new uses are:
[[Page 39811]]
(i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1) and (3), (b) and (c). When determining which persons are
reasonably likely to be exposed as required for Sec. 721.63(a)(1),
engineering control measures (e.g., enclosure or confinement of the
operation, general and local ventilation) or administrative control
measures (e.g., workplace policies and procedures) shall be considered
and implemented to prevent exposure, where feasible. For purposes of
Sec. 721.63(b), the concentration is set at 0.1%.
(ii) Hazard communication. Requirements as specified in Sec.
721.72(a).
(iii) Industrial, commercial, and consumer use. It is a significant
new use to manufacture, process, or use the substance other than for
processing and use as a fuel, fuel additive, fuel blending stock, or
refinery feedstock (including, but not limited to cracking, coking,
hydroprocessing, distillation, or deasphalting) subject to 40 CFR part
79 or 1090. It is a significant new use to manufacture the substance
using feedstocks containing any amount of heavy metals (arsenic,
cadmium, chromium VI, lead, mercury), dioxins, phthalates, per- and
polyfluoroalkyl substances (PFAS), polybrominated diphenyl ethers
(PBDEs), alkylphenols, perchlorates, benzophenone, bisphenol A (BPA),
organochlorine pesticides (OCPs), ethyl glycol, methyl glycol, or N-
methyl-2-pyrrolidone (NMP). For purposes of this SNUR PFAS or per- and
poly-fluoroalkyl substance means a chemical substance that contains at
least one of these three structures:
(A) R-(CF2)-CF(R')R'', where both the CF2 and CF moieties are
saturated carbons;
(B) R-CF2OCF2-R', where R and R' can either be F, O, or saturated
carbons; or
(C) CF3C(CF3)R'R'', where R' and R'' can either be F or saturated
carbons.
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (i), are applicable to manufacturers, 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. 721.11783 Naphtha, full range alkylate, butane-contg. (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance generically identified as
naphtha, full range alkylate, butane-contg. (PMN P-21-146) is subject
to reporting under this section for the significant new uses described
in paragraph (a)(2) of this section. The requirements of this section
do not apply to quantities of the substance after they have been
incorporated into a fuel, fuel additive, fuel blending stock, or use as
a refinery feedstock (including, but not limited to cracking, coking,
hydroprocessing, distillation, or deasphalting).
(2) The significant new uses are:
(i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1) and (3), (b) and (c). When determining which persons are
reasonably likely to be exposed as required for Sec. 721.63(a)(1),
engineering control measures (e.g., enclosure or confinement of the
operation, general and local ventilation) or administrative control
measures (e.g., workplace policies and procedures) shall be considered
and implemented to prevent exposure, where feasible. For purposes of
Sec. 721.63(b), the concentration is set at 0.1%.
(ii) Hazard communication. Requirements as specified in Sec.
721.72(a).
(iii) Industrial, commercial, and consumer use. It is a significant
new use to manufacture, process, or use the substance other than for
processing and use as a fuel, fuel additive, fuel blending stock, or
refinery feedstock (including, but not limited to cracking, coking,
hydroprocessing, distillation, or deasphalting) subject to 40 CFR part
79 or 1090. It is a significant new use to manufacture the substance
using feedstocks containing any amount of heavy metals (arsenic,
cadmium, chromium VI, lead, mercury), dioxins, phthalates, per- and
polyfluoroalkyl substances (PFAS), polybrominated diphenyl ethers
(PBDEs), alkylphenols, perchlorates, benzophenone, bisphenol A (BPA),
organochlorine pesticides (OCPs), ethyl glycol, methyl glycol, or N-
methyl-2-pyrrolidone (NMP). For purposes of this SNUR PFAS or per- and
poly-fluoroalkyl substance means a chemical substance that contains at
least one of these three structures:
(A) R-(CF2)-CF(R')R'', where both the CF2 and CF moieties are
saturated carbons;
(B) R-CF2OCF2-R', where R and R' can either be F, O, or saturated
carbons; or
(C) CF3C(CF3)R'R'', where R' and R'' can either be F or saturated
carbons.
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (i), are applicable to manufacturers, 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. 721.11784 Naphtha, hydrotreated heavy (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance generically identified as
naphtha, hydrotreated heavy (PMN P-21-147) is subject to reporting
under this section for the significant new uses described in paragraph
(a)(2) of this section. The requirements of this section do not apply
to quantities of the substance after they have been incorporated into a
fuel, fuel additive, fuel blending stock, or use as a refinery
feedstock (including, but not limited to cracking, coking,
hydroprocessing, distillation, or deasphalting).
(2) The significant new uses are:
(i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1) and (3), (b) and (c). When determining which persons are
reasonably likely to be exposed as required for Sec. 721.63(a)(1),
engineering control measures (e.g., enclosure or confinement of the
operation, general and local ventilation) or administrative control
measures (e.g., workplace policies and procedures) shall be considered
and implemented to prevent exposure, where feasible. For purposes of
Sec. 721.63(b), the concentration is set at 0.1%.
(ii) Hazard communication. Requirements as specified in Sec.
721.72(a).
(iii) Industrial, commercial, and consumer use. It is a significant
new use to manufacture, process, or use the substance other than for
processing and use as a fuel, fuel additive, fuel blending stock, or
refinery feedstock (including, but not limited to cracking, coking,
hydroprocessing, distillation, or deasphalting) subject to 40 CFR part
79 or 1090. It is a significant new use to manufacture the substance
using feedstocks containing any amount of heavy metals (arsenic,
cadmium,
[[Page 39812]]
chromium VI, lead, mercury), dioxins, phthalates, per- and
polyfluoroalkyl substances (PFAS), polybrominated diphenyl ethers
(PBDEs), alkylphenols, perchlorates, benzophenone, bisphenol A (BPA),
organochlorine pesticides (OCPs), ethyl glycol, methyl glycol, or N-
methyl-2-pyrrolidone (NMP). For purposes of this SNUR PFAS or per- and
poly-fluoroalkyl substance means a chemical substance that contains at
least one of these three structures:
(A) R-(CF2)-CF(R')R'', where both the CF2 and CF moieties are
saturated carbons;
(B) R-CF2OCF2-R', where R and R' can either be F, O, or saturated
carbons; or
(C) CF3C(CF3)R'R'', where R' and R'' can either be F or saturated
carbons.
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (i), are applicable to manufacturers, 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. 721.11785 Naphtha, light catalytic cracked (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance generically identified as
naphtha, light catalytic cracked (PMN P-21-148) is subject to reporting
under this section for the significant new uses described in paragraph
(a)(2) of this section. The requirements of this section do not apply
to quantities of the substance after they have been incorporated into a
fuel, fuel additive, fuel blending stock, or use as a refinery
feedstock (including, but not limited to cracking, coking,
hydroprocessing, distillation, or deasphalting).
(2) The significant new uses are:
(i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1) and (3), (b) and (c). When determining which persons are
reasonably likely to be exposed as required for Sec. 721.63(a)(1),
engineering control measures (e.g., enclosure or confinement of the
operation, general and local ventilation) or administrative control
measures (e.g., workplace policies and procedures) shall be considered
and implemented to prevent exposure, where feasible. For purposes of
Sec. 721.63(b), the concentration is set at 0.1%.
(ii) Hazard communication. Requirements as specified in Sec.
721.72(a).
(iii) Industrial, commercial, and consumer use. It is a significant
new use to manufacture, process, or use the substance other than for
processing and use as a fuel, fuel additive, fuel blending stock, or
refinery feedstock (including, but not limited to cracking, coking,
hydroprocessing, distillation, or deasphalting) subject to 40 CFR part
79 or 1090. It is a significant new use to manufacture the substance
using feedstocks containing any amount of heavy metals (arsenic,
cadmium, chromium VI, lead, mercury), dioxins, phthalates, per- and
polyfluoroalkyl substances (PFAS), polybrominated diphenyl ethers
(PBDEs), alkylphenols, perchlorates, benzophenone, bisphenol A (BPA),
organochlorine pesticides (OCPs), ethyl glycol, methyl glycol, or N-
methyl-2-pyrrolidone (NMP). For purposes of this SNUR PFAS or per- and
poly-fluoroalkyl substance means a chemical substance that contains at
least one of these three structures:
(A) R-(CF2)-CF(R')R'', where both the CF2 and CF moieties are
saturated carbons;
(B) R-CF2OCF2-R', where R and R' can either be F, O, or saturated
carbons; or
(C) CF3C(CF3)R'R'', where R' and R'' can either be F or saturated
carbons.
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (i), are applicable to manufacturers, 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. 721.11786 Naphtha, light alkylate (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance generically identified as
naphtha, light alkylate (PMN P-21-149) is subject to reporting under
this section for the significant new uses described in paragraph (a)(2)
of this section. The requirements of this section do not apply to
quantities of the substance after they have been incorporated into a
fuel, fuel additive, fuel blending stock, or use as a refinery
feedstock (including, but not limited to cracking, coking,
hydroprocessing, distillation, or deasphalting).
(2) The significant new uses are:
(i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1) and (3), (b) and (c). When determining which persons are
reasonably likely to be exposed as required for Sec. 721.63(a)(1),
engineering control measures (e.g., enclosure or confinement of the
operation, general and local ventilation) or administrative control
measures (e.g., workplace policies and procedures) shall be considered
and implemented to prevent exposure, where feasible. For purposes of
Sec. 721.63(b), the concentration is set at 0.1%.
(ii) Hazard communication. Requirements as specified in Sec.
721.72(a).
(iii) Industrial, commercial, and consumer use. It is a significant
new use to manufacture, process, or use the substance other than for
processing and use as a fuel, fuel additive, fuel blending stock, or
refinery feedstock (including, but not limited to cracking, coking,
hydroprocessing, distillation, or deasphalting) subject to 40 CFR part
79 or 1090. It is a significant new use to manufacture the substance
using feedstocks containing any amount of heavy metals (arsenic,
cadmium, chromium VI, lead, mercury), dioxins, phthalates, per- and
polyfluoroalkyl substances (PFAS), polybrominated diphenyl ethers
(PBDEs), alkylphenols, perchlorates, benzophenone, bisphenol A (BPA),
organochlorine pesticides (OCPs), ethyl glycol, methyl glycol, or N-
methyl-2-pyrrolidone (NMP). For purposes of this SNUR PFAS or per- and
poly-fluoroalkyl substance means a chemical substance that contains at
least one of these three structures:
(A) R-(CF2)-CF(R')R'', where both the CF2 and CF moieties are
saturated carbons;
(B) R-CF2OCF2-R', where R and R' can either be F, O, or saturated
carbons; or
(C) CF3C(CF3)R'R'', where R' and R'' can either be F or saturated
carbons.
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (i), are applicable to manufacturers, 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 39813]]
(3) Exemptions. The exemption of Sec. 721.45(i) does not apply to
this section.
Sec. 721.11787 Naphtha, hydrotreated light (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance generically identified as
naphtha, hydrotreated light (PMN P-21-150) is subject to reporting
under this section for the significant new uses described in paragraph
(a)(2) of this section. The requirements of this section do not apply
to quantities of the substance after they have been incorporated into a
fuel, fuel additive, fuel blending stock, or use as a refinery
feedstock (including, but not limited to cracking, coking,
hydroprocessing, distillation, or deasphalting).
(2) The significant new uses are:
(i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1) and (3), (b) and (c). When determining which persons are
reasonably likely to be exposed as required for Sec. 721.63(a)(1),
engineering control measures (e.g., enclosure or confinement of the
operation, general and local ventilation) or administrative control
measures (e.g., workplace policies and procedures) shall be considered
and implemented to prevent exposure, where feasible. For purposes of
Sec. 721.63(b), the concentration is set at 0.1%.
(ii) Hazard communication. Requirements as specified in Sec.
721.72(a).
(iii) Industrial, commercial, and consumer use. It is a significant
new use to manufacture, process, or use the substance other than for
processing and use as a fuel, fuel additive, fuel blending stock, or
refinery feedstock (including, but not limited to cracking, coking,
hydroprocessing, distillation, or deasphalting) subject to 40 CFR part
79 or 1090. It is a significant new use to manufacture the substance
using feedstocks containing any amount of heavy metals (arsenic,
cadmium, chromium VI, lead, mercury), dioxins, phthalates, per- and
polyfluoroalkyl substances (PFAS), polybrominated diphenyl ethers
(PBDEs), alkylphenols, perchlorates, benzophenone, bisphenol A (BPA),
organochlorine pesticides (OCPs), ethyl glycol, methyl glycol, or N-
methyl-2-pyrrolidone (NMP). For purposes of this SNUR PFAS or per- and
poly-fluoroalkyl substance means a chemical substance that contains at
least one of these three structures:
(A) R-(CF2)-CF(R')R'', where both the CF2 and CF moieties are
saturated carbons;
(B) R-CF2OCF2-R', where R and R' can either be F, O, or saturated
carbons; or
(C) CF3C(CF3)R'R'', where R' and R'' can either be F or saturated
carbons.
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (i), are applicable to manufacturers, 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. 721.11788 Clarified oils, catalytic cracked (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance generically identified as
clarified oils, catalytic cracked (PMN P-21-152) is subject to
reporting under this section for the significant new uses described in
paragraph (a)(2) of this section. The requirements of this section do
not apply to quantities of the substance after they have been
incorporated into a fuel, fuel additive, fuel blending stock, or use as
a refinery feedstock (including, but not limited to cracking, coking,
hydroprocessing, distillation, or deasphalting).
(2) The significant new uses are:
(i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1) and (3), (b) and (c). When determining which persons are
reasonably likely to be exposed as required for Sec. 721.63(a)(1),
engineering control measures (e.g., enclosure or confinement of the
operation, general and local ventilation) or administrative control
measures (e.g., workplace policies and procedures) shall be considered
and implemented to prevent exposure, where feasible. For purposes of
Sec. 721.63(b), the concentration is set at 0.1%.
(ii) Hazard communication. Requirements as specified in Sec.
721.72(a).
(iii) Industrial, commercial, and consumer use. It is a significant
new use to manufacture, process, or use the substance other than for
processing and use as a fuel, fuel additive, fuel blending stock, or
refinery feedstock (including, but not limited to cracking, coking,
hydroprocessing, distillation, or deasphalting) subject to 40 CFR part
79 or 1090. It is a significant new use to manufacture the substance
using feedstocks containing any amount of heavy metals (arsenic,
cadmium, chromium VI, lead, mercury), dioxins, phthalates, per- and
polyfluoroalkyl substances (PFAS), polybrominated diphenyl ethers
(PBDEs), alkylphenols, perchlorates, benzophenone, bisphenol A (BPA),
organochlorine pesticides (OCPs), ethyl glycol, methyl glycol, or N-
methyl-2-pyrrolidone (NMP). For purposes of this SNUR PFAS or per- and
poly-fluoroalkyl substance means a chemical substance that contains at
least one of these three structures:
(A) R-(CF2)-CF(R')R'', where both the CF2 and CF moieties are
saturated carbons;
(B) R-CF2OCF2-R', where R and R' can either be F, O, or saturated
carbons; or
(C) CF3C(CF3)R'R'', where R' and R'' can either be F or saturated
carbons.
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (i), are applicable to manufacturers, 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. 721.11789 Distillates, hydrotreated heavy (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance generically identified as
distillates, hydrotreated heavy (PMN P-21-153) is subject to reporting
under this section for the significant new uses described in paragraph
(a)(2) of this section. The requirements of this section do not apply
to quantities of the substance after they have been incorporated into a
fuel, fuel additive, fuel blending stock, or use as a refinery
feedstock (including, but not limited to cracking, coking,
hydroprocessing, distillation, or deasphalting).
(2) The significant new uses are:
(i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1) and (3), (b) and (c). When determining which persons are
reasonably likely to be exposed as required for Sec. 721.63(a)(1),
engineering control measures (e.g., enclosure or confinement of the
operation, general and local ventilation) or administrative control
measures (e.g., workplace
[[Page 39814]]
policies and procedures) shall be considered and implemented to prevent
exposure, where feasible. For purposes of Sec. 721.63(b), the
concentration is set at 0.1%.
(ii) Hazard communication. Requirements as specified in Sec.
721.72(a).
(iii) Industrial, commercial, and consumer use. It is a significant
new use to manufacture, process, or use the substance other than for
processing and use as a fuel, fuel additive, fuel blending stock, or
refinery feedstock (including, but not limited to cracking, coking,
hydroprocessing, distillation, or deasphalting) subject to 40 CFR part
79 or 1090. It is a significant new use to manufacture the substance
using feedstocks containing any amount of heavy metals (arsenic,
cadmium, chromium VI, lead, mercury), dioxins, phthalates, per- and
polyfluoroalkyl substances (PFAS), polybrominated diphenyl ethers
(PBDEs), alkylphenols, perchlorates, benzophenone, bisphenol A (BPA),
organochlorine pesticides (OCPs), ethyl glycol, methyl glycol, or N-
methyl-2-pyrrolidone (NMP). For purposes of this SNUR PFAS or per- and
poly-fluoroalkyl substance means a chemical substance that contains at
least one of these three structures:
(A) R-(CF2)-CF(R')R'', where both the CF2 and CF moieties are
saturated carbons;
(B) R-CF2OCF2-R', where R and R' can either be F, O, or saturated
carbons; or
(C) CF3C(CF3)R'R'', where R' and R'' can either be F or saturated
carbons.
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (i), are applicable to manufacturers, 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. 721.11790 Gas oils hydrotreated vacuum (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance generically identified as gas
oils hydrotreated vacuum (PMN P-21-154) is subject to reporting under
this section for the significant new uses described in paragraph (a)(2)
of this section. The requirements of this section do not apply to
quantities of the substance after they have been incorporated into a
fuel, fuel additive, fuel blending stock, or use as a refinery
feedstock (including, but not limited to cracking, coking,
hydroprocessing, distillation, or deasphalting).
(2) The significant new uses are:
(i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1) and (3), (b) and (c). When determining which persons are
reasonably likely to be exposed as required for Sec. 721.63(a)(1),
engineering control measures (e.g., enclosure or confinement of the
operation, general and local ventilation) or administrative control
measures (e.g., workplace policies and procedures) shall be considered
and implemented to prevent exposure, where feasible. For purposes of
Sec. 721.63(b), the concentration is set at 0.1%.
(ii) Hazard communication. Requirements as specified in Sec.
721.72(a).
(iii) Industrial, commercial, and consumer use. It is a significant
new use to manufacture, process, or use the substance other than for
processing and use as a fuel, fuel additive, fuel blending stock, or
refinery feedstock (including, but not limited to cracking, coking,
hydroprocessing, distillation, or deasphalting) subject to 40 CFR part
79 or 1090. It is a significant new use to manufacture the substance
using feedstocks containing any amount of heavy metals (arsenic,
cadmium, chromium VI, lead, mercury), dioxins, phthalates, per- and
polyfluoroalkyl substances (PFAS), polybrominated diphenyl ethers
(PBDEs), alkylphenols, perchlorates, benzophenone, bisphenol A (BPA),
organochlorine pesticides (OCPs), ethyl glycol, methyl glycol, or N-
methyl-2-pyrrolidone (NMP). For purposes of this SNUR PFAS or per- and
poly-fluoroalkyl substance means a chemical substance that contains at
least one of these three structures:
(A) R-(CF2)-CF(R')R'', where both the CF2 and CF moieties are
saturated carbons;
(B) R-CF2OCF2-R', where R and R' can either be F, O, or saturated
carbons; or
(C) CF3C(CF3)R'R'', where R' and R'' can either be F or saturated
carbons.
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (i), are applicable to manufacturers, 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. 721.11791 Distillates, light catalytic cracked (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance generically identified as
distillates, light catalytic cracked (PMN P-21-155) is subject to
reporting under this section for the significant new uses described in
paragraph (a)(2) of this section. The requirements of this section do
not apply to quantities of the substance after they have been
incorporated into a fuel, fuel additive, fuel blending stock, or use as
a refinery feedstock (including, but not limited to cracking, coking,
hydroprocessing, distillation, or deasphalting).
(2) The significant new uses are:
(i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1) and (3), (b) and (c). When determining which persons are
reasonably likely to be exposed as required for Sec. 721.63(a)(1),
engineering control measures (e.g., enclosure or confinement of the
operation, general and local ventilation) or administrative control
measures (e.g., workplace policies and procedures) shall be considered
and implemented to prevent exposure, where feasible. For purposes of
Sec. 721.63(b), the concentration is set at 0.1%.
(ii) Hazard communication. Requirements as specified in Sec.
721.72(a).
(iii) Industrial, commercial, and consumer use. It is a significant
new use to manufacture, process, or use the substance other than for
processing and use as a fuel, fuel additive, fuel blending stock, or
refinery feedstock (including, but not limited to cracking, coking,
hydroprocessing, distillation, or deasphalting) subject to 40 CFR part
79 or 1090. It is a significant new use to manufacture the substance
using feedstocks containing any amount of heavy metals (arsenic,
cadmium, chromium VI, lead, mercury), dioxins, phthalates, per- and
polyfluoroalkyl substances (PFAS), polybrominated diphenyl ethers
(PBDEs), alkylphenols, perchlorates, benzophenone, bisphenol A (BPA),
organochlorine pesticides (OCPs), ethyl glycol, methyl glycol, or N-
methyl-2-pyrrolidone (NMP). For purposes of this SNUR PFAS or per- and
poly-fluoroalkyl substance means a
[[Page 39815]]
chemical substance that contains at least one of these three
structures:
(A) R-(CF2)-CF(R')R'', where both the CF2 and CF moieties are
saturated carbons;
(B) R-CF2OCF2-R', where R and R' can either be F, O, or saturated
carbons; or
(C) CF3C(CF3)R'R'', where R' and R'' can either be F or saturated
carbons.
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (i), are applicable to manufacturers, 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. 721.11792 Distillates, clay-treated middle (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance generically identified as
distillates, clay-treated middle (PMN P-21-156) is subject to reporting
under this section for the significant new uses described in paragraph
(a)(2) of this section. The requirements of this section do not apply
to quantities of the substance after they have been incorporated into a
fuel, fuel additive, fuel blending stock, or use as a refinery
feedstock (including, but not limited to cracking, coking,
hydroprocessing, distillation, or deasphalting).
(2) The significant new uses are:
(i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1) and (3), (b) and (c). When determining which persons are
reasonably likely to be exposed as required for Sec. 721.63(a)(1),
engineering control measures (e.g., enclosure or confinement of the
operation, general and local ventilation) or administrative control
measures (e.g., workplace policies and procedures) shall be considered
and implemented to prevent exposure, where feasible. For purposes of
Sec. 721.63(b), the concentration is set at 0.1%.
(ii) Hazard communication. Requirements as specified in Sec.
721.72(a).
(iii) Industrial, commercial, and consumer use. It is a significant
new use to manufacture, process, or use the substance other than for
processing and use as a fuel, fuel additive, fuel blending stock, or
refinery feedstock (including, but not limited to cracking, coking,
hydroprocessing, distillation, or deasphalting) subject to 40 CFR part
79 or 1090. It is a significant new use to manufacture the substance
using feedstocks containing any amount of heavy metals (arsenic,
cadmium, chromium VI, lead, mercury), dioxins, phthalates, per- and
polyfluoroalkyl substances (PFAS), polybrominated diphenyl ethers
(PBDEs), alkylphenols, perchlorates, benzophenone, bisphenol A (BPA),
organochlorine pesticides (OCPs), ethyl glycol, methyl glycol, or N-
methyl-2-pyrrolidone (NMP). For purposes of this SNUR PFAS or per- and
poly-fluoroalkyl substance means a chemical substance that contains at
least one of these three structures:
(A) R-(CF2)-CF(R')R'', where both the CF2 and CF moieties are
saturated carbons;
(B) R-CF2OCF2-R', where R and R' can either be F, O, or saturated
carbons; or
(C) CF3C(CF3)R'R'', where R' and R'' can either be F or saturated
carbons.
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (i), are applicable to manufacturers, 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. 721.11793 Distillates, hydrotreated middle (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance generically identified as
distillates, hydrotreated middle (PMN P-21-157) is subject to reporting
under this section for the significant new uses described in paragraph
(a)(2) of this section. The requirements of this section do not apply
to quantities of the substance after they have been incorporated into a
fuel, fuel additive, fuel blending stock, or use as a refinery
feedstock (including, but not limited to cracking, coking,
hydroprocessing, distillation, or deasphalting).
(2) The significant new uses are:
(i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1) and (3), (b) and (c). When determining which persons are
reasonably likely to be exposed as required for Sec. 721.63(a)(1),
engineering control measures (e.g., enclosure or confinement of the
operation, general and local ventilation) or administrative control
measures (e.g., workplace policies and procedures) shall be considered
and implemented to prevent exposure, where feasible. For purposes of
Sec. 721.63(b), the concentration is set at 0.1%.
(ii) Hazard communication. Requirements as specified in Sec.
721.72(a).
(iii) Industrial, commercial, and consumer use. It is a significant
new use to manufacture, process, or use the substance other than for
processing and use as a fuel, fuel additive, fuel blending stock, or
refinery feedstock (including, but not limited to cracking, coking,
hydroprocessing, distillation, or deasphalting) subject to 40 CFR part
79 or 1090. It is a significant new use to manufacture the substance
using feedstocks containing any amount of heavy metals (arsenic,
cadmium, chromium VI, lead, mercury), dioxins, phthalates, per- and
polyfluoroalkyl substances (PFAS), polybrominated diphenyl ethers
(PBDEs), alkylphenols, perchlorates, benzophenone, bisphenol A (BPA),
organochlorine pesticides (OCPs), ethyl glycol, methyl glycol, or N-
methyl-2-pyrrolidone (NMP). For purposes of this SNUR PFAS or per- and
poly-fluoroalkyl substance means a chemical substance that contains at
least one of these three structures:
(A) R-(CF2)-CF(R')R'', where both the CF2 and CF moieties are
saturated carbons;
(B) R-CF2OCF2-R', where R and R' can either be F, O, or saturated
carbons; or
(C) CF3C(CF3)R'R'', where R' and R'' can either be F or saturated
carbons.
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (i), are applicable to manufacturers, 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. 721.11794 Distillates, hydrotreated light (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance generically identified as
distillates, hydrotreated
[[Page 39816]]
light (PMN P-21-158) is subject to reporting under this section for the
significant new uses described in paragraph (a)(2) of this section. The
requirements of this section do not apply to quantities of the
substance after they have been incorporated into a fuel, fuel additive,
fuel blending stock, or use as a refinery feedstock (including, but not
limited to cracking, coking, hydroprocessing, distillation, or
deasphalting).
(2) The significant new uses are:
(i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1) and (3), (b) and (c). When determining which persons are
reasonably likely to be exposed as required for Sec. 721.63(a)(1),
engineering control measures (e.g., enclosure or confinement of the
operation, general and local ventilation) or administrative control
measures (e.g., workplace policies and procedures) shall be considered
and implemented to prevent exposure, where feasible. For purposes of
Sec. 721.63(b), the concentration is set at 0.1%.
(ii) Hazard communication. Requirements as specified in Sec.
721.72(a).
(iii) Industrial, commercial, and consumer use. It is a significant
new use to manufacture, process, or use the substance other than for
processing and use as a fuel, fuel additive, fuel blending stock, or
refinery feedstock (including, but not limited to cracking, coking,
hydroprocessing, distillation, or deasphalting) subject to 40 CFR part
79 or 1090. It is a significant new use to manufacture the substance
using feedstocks containing any amount of heavy metals (arsenic,
cadmium, chromium VI, lead, mercury), dioxins, phthalates, per- and
polyfluoroalkyl substances (PFAS), polybrominated diphenyl ethers
(PBDEs), alkylphenols, perchlorates, benzophenone, bisphenol A (BPA),
organochlorine pesticides (OCPs), ethyl glycol, methyl glycol, or N-
methyl-2-pyrrolidone (NMP). For purposes of this SNUR PFAS or per- and
poly-fluoroalkyl substance means a chemical substance that contains at
least one of these three structures:
(A) R-(CF2)-CF(R')R'', where both the CF2 and CF moieties are
saturated carbons;
(B) R-CF2OCF2-R', where R and R' can either be F, O, or saturated
carbons; or
(C) CF3C(CF3)R'R'', where R' and R'' can either be F or saturated
carbons.
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (i), are applicable to manufacturers, 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. 721.11795 Gases, C4-rich (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance generically identified as gases,
C4-rich (PMN P-21-160) is subject to reporting under this section for
the significant new uses described in paragraph (a)(2) of this section.
The requirements of this section do not apply to quantities of the
substance after they have been incorporated into a fuel, fuel additive,
fuel blending stock, or use as a refinery feedstock (including, but not
limited to cracking, coking, hydroprocessing, distillation, or
deasphalting).
(2) The significant new uses are:
(i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1) and (3), (b) and (c). When determining which persons are
reasonably likely to be exposed as required for Sec. 721.63(a)(1),
engineering control measures (e.g., enclosure or confinement of the
operation, general and local ventilation) or administrative control
measures (e.g., workplace policies and procedures) shall be considered
and implemented to prevent exposure, where feasible. For purposes of
Sec. 721.63(b), the concentration is set at 0.1%.
(ii) Hazard communication. Requirements as specified in Sec.
721.72(a).
(iii) Industrial, commercial, and consumer use. It is a significant
new use to manufacture, process, or use the substance other than for
processing and use as a fuel, fuel additive, fuel blending stock, or
refinery feedstock (including, but not limited to cracking, coking,
hydroprocessing, distillation, or deasphalting) subject to 40 CFR part
79 or 1090. It is a significant new use to manufacture the substance
using feedstocks containing any amount of heavy metals (arsenic,
cadmium, chromium VI, lead, mercury), dioxins, phthalates, per- and
polyfluoroalkyl substances (PFAS), polybrominated diphenyl ethers
(PBDEs), alkylphenols, perchlorates, benzophenone, bisphenol A (BPA),
organochlorine pesticides (OCPs), ethyl glycol, methyl glycol, or N-
methyl-2-pyrrolidone (NMP). For purposes of this SNUR PFAS or per- and
poly-fluoroalkyl substance means a chemical substance that contains at
least one of these three structures:
(A) R-(CF2)-CF(R')R'', where both the CF2 and CF moieties are
saturated carbons;
(B) R-CF2OCF2-R', where R and R' can either be F, O, or saturated
carbons; or
(C) CF3C(CF3)R'R'', where R' and R'' can either be F or saturated
carbons.
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through ((i), are applicable to manufacturers, 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. 721.11796 Gases, catalytic cracking (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance generically identified as gases,
catalytic cracking (PMN P-21-161) is subject to reporting under this
section for the significant new uses described in paragraph (a)(2) of
this section. The requirements of this section do not apply to
quantities of the substance after they have been incorporated into a
fuel, fuel additive, fuel blending stock, or use as a refinery
feedstock (including, but not limited to cracking, coking,
hydroprocessing, distillation, or deasphalting).
(2) The significant new uses are:
(i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1) and (3), (b) and (c). When determining which persons are
reasonably likely to be exposed as required for Sec. 721.63(a)(1),
engineering control measures (e.g., enclosure or confinement of the
operation, general and local ventilation) or administrative control
measures (e.g., workplace policies and procedures) shall be considered
and implemented to prevent exposure, where feasible. For purposes of
Sec. 721.63(b), the concentration is set at 0.1%.
(ii) Hazard communication. Requirements as specified in Sec.
721.72(a).
(iii) Industrial, commercial, and consumer use. It is a significant
new use to manufacture, process, or use the substance other than for
processing and
[[Page 39817]]
use as a fuel, fuel additive, fuel blending stock, or refinery
feedstock (including, but not limited to cracking, coking,
hydroprocessing, distillation, or deasphalting) subject to 40 CFR part
79 or 1090. It is a significant new use to manufacture the substance
using feedstocks containing any amount of heavy metals (arsenic,
cadmium, chromium VI, lead, mercury), dioxins, phthalates, per- and
polyfluoroalkyl substances (PFAS), polybrominated diphenyl ethers
(PBDEs), alkylphenols, perchlorates, benzophenone, bisphenol A (BPA),
organochlorine pesticides (OCPs), ethyl glycol, methyl glycol, or N-
methyl-2-pyrrolidone (NMP). For purposes of this SNUR PFAS or per- and
poly-fluoroalkyl substance means a chemical substance that contains at
least one of these three structures:
(A) R-(CF2)-CF(R')R'', where both the CF2 and CF moieties are
saturated carbons;
(B) R-CF2OCF2-R', where R and R' can either be F, O, or saturated
carbons; or
(C) CF3C(CF3)R'R'', where R', and R'' can either be F or saturated
carbons.
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (i), are applicable to manufacturers, 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. 721.11797 Residues, butane splitter bottoms (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance generically identified as
residues, butane splitter bottoms (PMN P-21-162) is subject to
reporting under this section for the significant new uses described in
paragraph (a)(2) of this section. The requirements of this section do
not apply to quantities of the substance after they have been
incorporated into a fuel, fuel additive, fuel blending stock, or use as
a refinery feedstock (including, but not limited to cracking, coking,
hydroprocessing, distillation, or deasphalting).
(2) The significant new uses are:
(i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1) and (3), (b) and (c). When determining which persons are
reasonably likely to be exposed as required for Sec. 721.63(a)(1),
engineering control measures (e.g., enclosure or confinement of the
operation, general and local ventilation) or administrative control
measures (e.g., workplace policies and procedures) shall be considered
and implemented to prevent exposure, where feasible. For purposes of
Sec. 721.63(b), the concentration is set at 0.1%.
(ii) Hazard communication. Requirements as specified in Sec.
721.72(a).
(iii) Industrial, commercial, and consumer use. It is a significant
new use to manufacture, process, or use the substance other than for
processing and use as a fuel, fuel additive, fuel blending stock, or
refinery feedstock (including, but not limited to cracking, coking,
hydroprocessing, distillation, or deasphalting) subject to 40 CFR part
79 or 1090. It is a significant new use to manufacture the substance
using feedstocks containing any amount of heavy metals (arsenic,
cadmium, chromium VI, lead, mercury), dioxins, phthalates, per- and
polyfluoroalkyl substances (PFAS), polybrominated diphenyl ethers
(PBDEs), alkylphenols, perchlorates, benzophenone, bisphenol A (BPA),
organochlorine pesticides (OCPs), ethyl glycol, methyl glycol, or N-
methyl-2-pyrrolidone (NMP). For purposes of this SNUR PFAS or per- and
poly-fluoroalkyl substance means a chemical substance that contains at
least one of these three structures:
(A) R-(CF2)-CF(R')R'', where both the CF2 and CF moieties are
saturated carbons;
(B) R-CF2OCF2-R', where R and R' can either be F, O, or saturated
carbons; or
(C) CF3C(CF3)R'R'', where R' and R'' can either be F or saturated
carbons.
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (i), are applicable to manufacturers, 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. 721.11798 Tail gas, saturate gas plant mixed stream, C4-rich
(generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance generically identified as tail
gas, saturate gas plant mixed stream, C4-rich (PMN P-21-163) is subject
to reporting under this section for the significant new uses described
in paragraph (a)(2) of this section. The requirements of this section
do not apply to quantities of the substance after they have been
incorporated into a fuel, fuel additive, fuel blending stock, or use as
a refinery feedstock (including, but not limited to cracking, coking,
hydroprocessing, distillation, or deasphalting).
(2) The significant new uses are:
(i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1) and (3), (b) and (c). When determining which persons are
reasonably likely to be exposed as required for Sec. 721.63(a)(1),
engineering control measures (e.g., enclosure or confinement of the
operation, general and local ventilation) or administrative control
measures (e.g., workplace policies and procedures) shall be considered
and implemented to prevent exposure, where feasible. For purposes of
Sec. 721.63(b), the concentration is set at 0.1%.
(ii) Hazard communication. Requirements as specified in Sec.
721.72(a).
(iii) Industrial, commercial, and consumer use. It is a significant
new use to manufacture, process, or use the substance other than for
processing and use as a fuel, fuel additive, fuel blending stock, or
refinery feedstock (including, but not limited to cracking, coking,
hydroprocessing, distillation, or deasphalting) subject to 40 CFR part
79 or 1090. It is a significant new use to manufacture the substance
using feedstocks containing any amount of heavy metals (arsenic,
cadmium, chromium VI, lead, mercury), dioxins, phthalates, per- and
polyfluoroalkyl substances (PFAS), polybrominated diphenyl ethers
(PBDEs), alkylphenols, perchlorates, benzophenone, bisphenol A (BPA),
organochlorine pesticides (OCPs), ethyl glycol, methyl glycol, or N-
methyl-2-pyrrolidone (NMP). For purposes of this SNUR PFAS or per- and
poly-fluoroalkyl substance means a chemical substance that contains at
least one of these three structures:
(A) R-(CF2)-CF(R')R'', where both the CF2 and CF moieties are
saturated carbons;
(B) R-CF2OCF2-R', where R and R' can either be F, O, or saturated
carbons; or
(C) CF3C(CF3)R'R'' where R' and R'' can either be F or saturated
carbons.
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
[[Page 39818]]
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (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. 2023-13012 Filed 6-16-23; 8:45 am]
BILLING CODE 6560-50-P
