80 FR 37161 - Modification of Significant New Uses of Certain Chemical Substances
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 125 (June 30, 2015)
Federal Register Volume 80, Issue 125 (June 30, 2015)
| Page Range | 37161-37166 | |
| FR Document | 2015-15917 |
[Federal Register Volume 80, Number 125 (Tuesday, June 30, 2015)] [Rules and Regulations] [Pages 37161-37166] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-15917] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 721 [EPA-HQ-OPPT-2014-0649; FRL-9928-93] RIN 2070-AB27 Modification of Significant New Uses of Certain Chemical Substances AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: EPA is amending the significant new use rules (SNURs) under section 5(a)(2) of the Toxic Substances Control Act (TSCA) for 21 chemical substances which were the subject of premanufacture notices (PMNs). This action amends the SNURs to allow certain uses without requiring a significant new use notice (SNUN), and extends SNUN requirements to certain additional uses. EPA is amending these SNURs based on review of new data for each chemical substance. This action requires persons who intend to manufacture (including import) or process any of these 21 chemical substances for an activity that is designated as a significant new use by this proposed rule to notify EPA at least 90 days before commencing that activity. The required notification would provide EPA with the opportunity to evaluate the intended use and, if necessary, to prohibit or limit that activity before it occurs. DATES: This final rule is effective August 31, 2015. ADDRESSES: The docket for this action, identified by docket identification (ID) number EPA-HQ-OPPT-2014-0649, is available at http://www.regulations.gov or at the Office of Pollution Prevention and Toxics Docket (OPPT Docket), Environmental Protection Agency Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 1301 Constitution Ave. NW., Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566-1744, and the telephone number for the OPPT Docket is (202) 566- 0280. Please review the visitor instructions and additional information about the docket available at http://www.epa.gov/dockets. FOR FURTHER INFORMATION CONTACT: For technical information contact: Jim Alwood, Chemical Control Division, Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460- 0001; telephone number: 202-564-8974; 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. Does this action apply to me? You may be potentially affected by this action if you manufacture, process, or use the chemical substances contained in this rule. The following list of North American Industrial Classification System (NAICS) codes is not intended to be exhaustive, but rather provides a guide to help readers determine whether this document applies to them. Potentially affected entities may include:Manufacturers or processors of one or more subject chemical substances (NAICS codes 325 and 324110), e.g., chemical manufacturing and petroleum refineries. This action may also affect certain entities through pre-existing import certification and export notification rules under TSCA. Chemical importers are subject to the TSCA section 13 (15 U.S.C. 2612) import certification requirements promulgated at 19 CFR 12.118 through 12.127 and 19 CFR 127.28. Chemical importers must certify that the shipment of the chemical substance complies with all applicable rules and orders under TSCA. Importers of chemicals subject to a modified SNUR must certify their compliance with the SNUR requirements. The EPA policy in support of import certification appears at 40 CFR part 707, subpart B. In addition, any persons who export or intend to export the chemical substance that is the subject of a final rule are subject to the export notification provisions of TSCA section 12(b) (15 U.S.C. 2611(b)) (see Sec. 721.20), and must comply with the export notification requirements in 40 CFR part 707, subpart D. II. Background A. What action is the Agency taking? In the Federal Register of April 9, 2015 (80 FR 19037) (FRL-9924- 10), EPA proposed amendments to the SNURs for 24 chemical substances in 40 CFR part 721 subpart E. This action [[Page 37162]] would require persons who intend to manufacture or process these chemical substances for an activity that is designated as a significant new use by these amended rules to notify EPA at least 90 days before commencing that activity. Receipt of such notices allows EPA to assess risks that may be presented by the intended uses and, if appropriate, to regulate the proposed use before it occurs. The proposed rule included 23 chemical substances where EPA determined, based on new information, there is no need to require additional notice from persons who propose to engage in identical or similar activities, or a rational basis no longer exists for the findings that activities involving the substance may present an unreasonable risk of injury to human health or the environment required under section 5(e)(1)(A) of the Act. The proposed rule also included a chemical substance, P-01-781, where EPA is modifying the chemical identity information. EPA is issuing a final SNUR amendment for 21 of the 24 chemical substances. For 20 of those chemical substances, EPA received no public comments and is issuing the SNURs as proposed. For the chemical substance subject to the SNUR at 40 CFR 721.10182, EPA received three public comments supporting the proposed SNUR amendments. One of those comments also asked EPA to clarify if the final modified rule would allow uses of the chemical substance either alone or as a component in a blend in retail food, cold storage, transport and industrial refrigeration units; commercial refrigeration, ice machines, and refrigerated vending machines produced by original equipment manufacturers; and servicing, repair, and recharging refrigeration units at grocery stores, convenience stores, transport, and cold storage facilities. As described in the proposed rule, EPA had already evaluated stationary refrigeration uses in a previous SNUN, S-14-11 and did not determine that those uses caused significant adverse health effects. After publication of the proposed rule, EPA reached decision on an additional SNUN, S-15-5, for this chemical substance for stationary and transport refrigeration uses currently not allowed in the SNUR. Because the Agency expects transport refrigeration uses will have similar exposures to those for stationary uses and the hazard findings have not changed, EPA did not determine that those uses caused significant adverse health effects. Therefore the final SNUR amendment will allow the transport refrigeration uses described in S-15-5 and the stationery refrigeration uses described in S-15-5 and S-14-11, which includes the uses described by the commenter. As described in the proposed rule EPA is now amending the SNURs pursuant to 40 CFR 721.185. EPA received public comments for the proposed SNUR amendments for the remaining three chemical substances of the 24 included in the proposed rule subject to SNURs at 40 CFR 721.5575, 721.9675, and 721.10515. EPA will address these three proposed SNUR amendments in a separate action. B. What is the Agency's authority for taking this action? Upon conclusion of the review of the 21 chemical substances in this SNUR amendment, EPA designated certain activities as significant new uses. Under Sec. 721.185, EPA may at any time amend a SNUR for a chemical substance which has been added to subpart E of 40 CFR part 721 if EPA makes one of the determinations set forth in Sec. 721.185. Amendments may occur on EPA's initiative or in response to a written request. Under Sec. 721.185(b)(3), if EPA concludes that a SNUR should be amended, the Agency will propose the changes in the Federal Register, briefly describe the grounds for the action, and provide interested parties an opportunity to comment. Pursuant to Sec. 721.185 and as described in Unit IV of the proposed rule for the 20 chemical substances EPA determined, based on new information, there is no need to require additional notice from persons who propose to engage in identical or similar activities, or a rational basis no longer exists for the findings that activities involving the substance may present an unreasonable risk of injury to human health or the environment required under section 5(e)(1)(A) of the Act. This rule also includes a chemical substance, P-01-781, where EPA is modifying the chemical identity information. III. Applicability of the Rule to Uses Occurring Before Effective Date of the Final Rule If uses begun after the proposed rule was published were considered ongoing rather than new, any person could defeat the SNUR by initiating the significant new use before the final rule was issued. Therefore EPA has designated the date of publication of the proposed rule as the cutoff date for determining whether the new use is ongoing. Consult the Federal Register Notice of April 24, 1990 (55 FR 17376) for a more detailed discussion of the cutoff date for ongoing uses. Any person who began commercial manufacture or processing activities of the chemical substances in this rule for any of the significant new uses designated in the proposed SNUR after the date of publication of the proposed SNUR, must stop that activity before the effective date of the final rule. Persons who ceased those activities will have to first comply with all applicable SNUR notification requirements and wait until the notice review period, including any extensions, expires, before engaging in any activities designated as significant new uses. If a person were to meet the conditions of advance compliance under Sec. 721.45(h), the person would be considered to have met the requirements of the final SNUR for those activities. IV. Test Data and Other Information EPA recognizes that TSCA section 5 does not require the development of any particular test data before submission of a SNUN. The two exceptions are: 1. Development of test data is required where the chemical substance subject to the SNUR is also subject to a test rule under TSCA section 4 (see TSCA section 5(b)(1)). 2. Development of test data may be necessary where the chemical substance has been listed under TSCA section 5(b)(4) (see TSCA section 5(b)(2)). In the absence of a TSCA section 4 test rule or a TSCA section 5(b)(4) listing covering the chemical substance, persons are required only to submit test data in their possession or control and to describe any other data known to or reasonably ascertainable by them (see Sec. 720.50). However, upon review of PMNs and SNUNs, the Agency has the authority to require appropriate testing. In this case, EPA recommends persons, before performing any testing, to consult with the Agency pertaining to protocol selection. To access the OCSPP test guidelines referenced in this document electronically, please go to http://www.epa.gov/ocspp and select ``Test Methods and Guidelines.'' The Organisation for Economic Co-operation and Development (OECD) test guidelines are available from the OECD Bookshop at http://www.oecdbookshop.org or SourceOECD at http://www.sourceoecd.org. ASTM International standards are available at http://www.astm.org/Standard/index.shtml. The recommended testing specified in Unit IV. of the proposed rule may not be the only means of addressing the potential risks of the chemical substance. However, SNUNs submitted without any test data may increase the likelihood that EPA will take action [[Page 37163]] under TSCA section 5(e), particularly if satisfactory test results have not been obtained from a prior PMN or SNUN submitter. 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. Potential benefits of the chemical substances. Information on risks posed by the chemical substances compared to risks posed by potential substitutes. V. SNUN Submissions According to 40 CFR 721.1(c), persons submitting a SNUN must comply with the same notice requirements and EPA regulatory procedures as persons submitting a PMN, including submission of test data on health and environmental effects as described in Sec. 720.50. SNUNs must be on EPA Form No. 7710-25, generated using e-PMN software, and submitted to the Agency in accordance with the procedures set forth in Sec. Sec. 721.25 and 720.40. E-PMN software is available electronically at http://www.epa.gov/opptintr/newchems. VI. Economic Analysis EPA evaluated the potential costs of SNUN requirements for potential manufacturers and processors of the chemical substances in the rule. The Agency's complete Economic Analysis is available in the docket under docket ID number EPA-HQ-OPPT-2014-0649. VII. Statutory and Executive Order Reviews A. Executive Order 12866 This action will modify SNURs for 21 chemical substances that were the subject of PMNs. The Office of Management and Budget (OMB) has exempted these types of actions from review under Executive Order 12866, entitled Regulatory Planning and Review (58 FR 51735, October 4, 1993). B. Paperwork Reduction Act (PRA) According to PRA, 44 U.S.C. 3501 et seq., an Agency may not conduct or sponsor, and a person is not required to respond to a collection of information that requires OMB approval under PRA, unless it has been approved by OMB and displays a currently valid OMB control number. The OMB control numbers for EPA's regulations in title 40 of the CFR, after appearing in the Federal Register, are listed in 40 CFR part 9, and included on the related collection instrument or form, if applicable. EPA is amending the table in 40 CFR part 9 to list the OMB approval number for the information collection requirements contained in this rule. This listing of the OMB control numbers and their subsequent codification in the CFR satisfies the display requirements of PRA and OMB's implementing regulations at 5 CFR part 1320. This Information Collection Request (ICR) was previously subject to public notice and comment prior to OMB approval, and given the technical nature of the table, EPA finds that further notice and comment to amend it is unnecessary. As a result, EPA finds that there is ``good cause'' under section 553(b)(3)(B) of the Administrative Procedure Act, 5 U.S.C. 553(b)(3)(B), to amend this table without further notice and comment. The information collection requirements related to this action have already been approved by OMB pursuant to PRA under OMB control number 2070-0012 (EPA ICR No. 574). This action does not impose any burden requiring additional OMB approval. If an entity were to submit a SNUN to the Agency, the annual burden is estimated to average between 30 and 170 hours per response. This burden estimate includes the time needed to review instructions, search existing data sources, gather and maintain the data needed, and complete, review, and submit the required SNUN. Send any comments about the accuracy of the burden estimate, and any suggested methods for minimizing respondent burden, including through the use of automated collection techniques, to the Director, Collection Strategies Division, Office of Environmental Information (2822T), Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001. Please remember to include the OMB control number in any correspondence, but do not submit any completed forms to this address. C. Regulatory Flexibility Act (RFA) On February 18, 2012, EPA certified pursuant to RFA section 605(b) (5 U.S.C. 601 et seq.), that promulgation of a SNUR does not have a significant economic impact on a substantial number of small entities where the following are true: 1. A significant number of SNUNs would not be submitted by small entities in response to the SNUR. 2. The SNUN submitted by any small entity would not cost significantly more than $8,300. A copy of that certification is available in the docket for this rule. This rule is within the scope of the February 18, 2012 certification. Based on the Economic Analysis discussed in Unit VI and EPA's experience promulgating SNURs (discussed in the certification), EPA believes that the following are true: A significant number of SNUNs would not be submitted by small entities in response to the SNUR. Submission of the SNUN would not cost any small entity significantly more than $8,300. Therefore, the promulgation of the SNUR would not have a significant economic impact on a substantial number of small entities. D. Unfunded Mandates Reform Act (UMRA) Based on EPA's experience with proposing and finalizing SNURs, State, local, and Tribal governments have not been impacted by these rulemakings, and EPA does not have any reasons to believe that any State, local, or Tribal government will be impacted by this final rule. As such, EPA has determined that this rule would not impose any enforceable duty, contain any unfunded mandate, or otherwise have any effect on small governments subject to the requirements of sections 202, 203, 204, or 205 of the UMRA sections 202, 203, 204, or 205 (2 U.S.C. 1501 et seq.). E. Executive Order 13132 This action would not have a substantial direct effect on States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 10, 1999). F. Executive Order 13175 This rule would not have Tribal implications because it is not expected to have substantial direct effects on Indian Tribes. This rule would not significantly nor uniquely affect the communities of Indian Tribal governments, nor does it involve or impose any requirements that affect Indian Tribes. Accordingly, the requirements of Executive Order 13175, entitled ``Consultation and Coordination with Indian Tribal Governments'' (65 FR 67249, November 9, 2000), do not apply to this rule. G. Executive Order 13045 This action is not subject to Executive Order 13045, entitled ``Protection of [[Page 37164]] Children from Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997), because this is not an economically significant regulatory action as defined by Executive Order 12866, and this action does not address environmental health or safety risks disproportionately affecting children. H. Executive Order 13211 This action is not subject to Executive Order 13211, entitled ``Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001), because this action is not expected to affect energy supply, distribution, or use and because this action is not a significant regulatory action under Executive Order 12866. I. National Technology Transfer and Advancement Act (NTTAA) In addition, since this action does not involve any technical standards, NTTAA section 12(d) (15 U.S.C. 272 note), does not apply to this action. J. Executive Order 12898 This action does not entail special considerations of environmental justice related issues as delineated by Executive Order 12898, entitled ``Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations'' (59 FR 7629, February 16, 1994). VIII. Congressional Review Act (CRA) Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.), EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). List of Subjects in 40 CFR Part 721 Environmental protection, Chemicals, Hazardous substances, Reporting and recordkeeping requirements. Dated: June 18, 2015. Maria J. Doa, Director, Chemical Control Division, Office of Pollution Prevention and Toxics. Therefore, 40 CFR chapter I is amended as follows: PART 721--[AMENDED] 0 1. The authority citation for part 721 continues to read as follows: Authority: 15 U.S.C. 2604, 2607, and 2625(c). 0 2. Amend Sec. 721.522 by revising paragraphs (a)(1) and (a)(2)(i) to read as follows: Sec. 721.522 Oxirane, methyl-, polymer with oxirane, mono (3,5,5,- trimethylhexyl) ether. (a) * * * (1) The chemical substance identified as oxirane, methyl-, polymer with oxirane, mono (3,5,5,-trimethylhexyl) ether (PMN P-99-669, SNUN S- 09-1, and SNUN S-13-29; CAS No. 204336-40-3) is subject to reporting under this section for the significant new uses described in paragraph (a)(2) of this section. (2) * * * (i) Industrial, commercial, and consumer activities. Requirements as specified in Sec. 721.80. A significant new use is use other than as a wetting agent, dispersing agent and defoaming/deaerating agent in waterborne coatings, inks, and paints, water based adhesives, and ultraviolet curable coatings; wetting agent in water miscible metalworking fluids, powdered construction additives for use in cementitious mortars, grouts and tile adhesives, and in liquid admixtures for concrete; and a substrate wetting and anticratering additive for ultraviolet curable inkjet ink. * * * * * 0 3. Amend Sec. 721.532 as follows: 0 a. Revise the section heading. 0 b. Revise paragraph (a)(1). 0 c. Revise paragraph (a)(2)(i). 0 d. Add paragraph (a)(3). 0 e. Revise paragraph (b)(1). The revisions and addition read as follows: Sec. 721.532 1-Butanol, 3-methoxy-3-methyl-, acetate. (a) * * * (1) The chemical substance identified as 1-butanol, 3-methoxy-3- methyl-, acetate (PMN P-00-618; SNUN S-05-03; and SNUN S-11-4; CAS No. 103429-90-9) is subject to reporting under this section for the significant new uses described in paragraphs (a)(2) and (a)(3) of this section. (2) * * * (i) Industrial, commercial, and consumer activities. Requirements as specified in Sec. 721.80. The significant new use is any use other than the use described in P-00-618. * * * * * (3) The significant new uses for any use other than the use described in P-00-618: (i) Protection in the workplace. Requirements as specified in Sec. 721.63(a)(1), (a)(3)(i), (b) (concentration set at 0.1 percent), 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. Butyl rubber gloves with a minimum thickness of 16.6 mils or Silver shield gloves with a minimum thickness of 2.7 mils have been tested in accordance with the American Society for Testing Materials (ASTM) F739 method and found by EPA to satisfy the consent orders and Sec. 721.63(a)(2)(i) requirements for dermal protection to 100 percent chemical substance. Silver Shield gloves with a minimum thickness of 2.7 mils have been tested in accordance with the American Society for Testing Materials (ASTM) F739 method and found by EPA to satisfy the consent orders and Sec. 721.63(a)(2)(i) requirements for dermal protection for paint formulations where concentrations of the chemical substance is 10% or less. Gloves and other dermal protection may not be used for a time period longer than they are actually tested and must be replaced at the end of each work shift. (ii) Hazard communication program. Requirements as specified in Sec. 721.72(a), (b) (concentration set at 0.1 percent), (c), (d), (f), (g)(1)(iv), (g)(1)(iv), (g)(2)(i), (g)(2)(ii), (g)(2)(iii), (g)(2)(v), (g)(2)(v), and (g)(5). (iii) Industrial, commercial, and consumer activities. Requirements as specified in Sec. 721.80(f), (o), and any application method that generates a vapor, mist, or aerosol when the percent concentration of the SNUN substance in the final product exceeds 10%. (b) * * * (1) Recordkeeping. Recordkeeping requirements as specified in Sec. 721.125(a) through (i) are applicable to manufacturers and processors of this substance. * * * * * 0 4. Amend Sec. 721.633 as follows: 0 a. Revise paragraph (a)(1). 0 b. Revise paragraph (a)(2)(i). 0 c. Remove paragraph (a)(2)(iii). 0 d. Revise paragraph (b)(1). The revisions read as follows: Sec. 721.633 Aluminosilicates, phospho-. (a) * * * (1) The chemical substance identified as aluminosilicates, phospho- (PMN P-98-1275 and SNUN S-11-10; CAS No. 201167-69-3) is subject to reporting under this section for the significant new uses described in paragraph (a)(2) of this section. (2) * * * [[Page 37165]] (i) Protection in the workplace. Requirements as specified in Sec. 721.63(a)(4), (b), and (c). When determining which persons are reasonably likely to be exposed as required for Sec. 721.63(a)(4) engineering control measures (e.g., enclosure or confinement of the operation, general and local ventilation) or administrative control measures (e.g., workplace policies and procedures) shall be considered and implemented to prevent exposure, where feasible. The following NIOSH-certified respirators with an APF of at least 50 meet the requirements of Sec. 721.63(a)(4): NIOSH-certified air-purifying, tight-fitting full-face respirator equipped with N100 (if oil aerosols absent), R100, or P100 filters; NIOSH-certified powered air-purifying respirator equipped with a tight-fitting full facepiece and high efficiency particulate air (HEPA) filters; NIOSH-certified supplied-air respirator operated in positive pressure demand or continuous flow mode and equipped with a hood, or helmet or tight-fitting facepiece. As an alternative to the respiratory requirements listed here, a manufacturer or processor may choose to follow the New Chemical Exposure Limit (NCEL) provisions listed in the TSCA section 5(e) consent order for these substances. The NCEL is 0.1 mg/m\3\ as an 8-hour time weighted average verified by actual monitoring data. * * * * * (b) * * * (1) Recordkeeping. Recordkeeping requirements as specified in Sec. 721.125(a), (b), (c), (d), (f), (g), and (h) are applicable to manufacturers and processors of this substance. * * * * * 0 5. Amend Sec. 721.2076 by revising paragraphs (a)(1) and (a)(2)(i) to read as follows: Sec. 721.2076 D-Glucuronic acid, polymer with 6-deoxy-L-mannose and D-glucose, acetate, calcium magnesium potassium sodium salt. (a) * * * (1) The chemical substance identified as D-Glucuronic acid, polymer with 6-deoxy-L-mannose and D-glucose, acetate, calcium magnesium potassium sodium salt (PMN P-00-7; SNUN S-05-1; SNUN S-06-4; SNUN S-07- 03; and SNUN S-07-5; CAS No. 125005-87-0) is subject to reporting under this section for the significant new use described in paragraph (a)(2) of this section. (2) * * * (i) Industrial, commercial, and consumer activities. Requirements as specified in Sec. 721.80. The significant new use is any use other than manufacture of the substance where greater than 5 percent of the chemical substance consists of particle sizes below 10 microns. * * * * * 0 6. Amend Sec. 721.5185 as follows: 0 a. Revise paragraph (a)(1). 0 b. Revise paragraph (a)(2)(iii). 0 c. Add paragraph (a)(2)(iv). 0 d. Revise paragraph (b)(1). The revisions and addition read as follows: Sec. 721.5185 2-Propen-1-one, 1-(4-morpholinyl)-. (a) * * * (1) The chemical substance identified as 2-Propen-1-one, 1-(4- morpholinyl)- (PMN P-95-169; SNUN S-08-7; and SNUN S-14-1; CAS No. 5117-12-4) is subject to reporting under this section for the significant new uses described in paragraph (a)(2) of this section. The requirements of this rule do not apply to quantities of the chemical substance after it has been completely reacted (cured) because 2- Propen-1-one, 1-(4-morpholinyl)- will no longer exist. (2) * * * (iii) Industrial, commercial, and consumer activities. Requirements as specified in Sec. 721.80(y)(1). It is a significant new use to use the chemical substance for any use other than as a monomer for use in ultraviolet ink jet applications unless the chemical substance is processed and used in an enclosed process. (iv) Release to water. Requirements as specified in Sec. 721.90(a)(4), (b)(4), and (c)(4) (N = 100). (b) * * * (1) Recordkeeping. Recordkeeping requirements as specified in Sec. 721.125(a) through (i) and (k) are applicable to manufacturers and processors of this chemical substance. * * * * * 0 7. Amend Sec. 721.5645 by revising paragraphs (a)(1) and (a)(2)(i) to read as follows: Sec. 721.5645 Pentane 1,1,1,2,3,4,4,5,5,5,-decafluoro. (a) * * * (1) The chemical substance identified as pentane 1,1,1,2,3,4,4,5,5,5,-decafluoro (PMN P-95-638, SNUN P-97-79, and SNUN S-06-8; CAS No. 138495-42-8) is subject to reporting under this section for the significant new uses described in paragraph (a)(2) of this section. (2) * * * (i) Industrial, commercial, and consumer activities. Requirements as specified in Sec. 721.80. A significant new use is any use of the substance other than the uses as described in P-95-638, P-97-79, or S- 06-8. * * * * * 0 8. Amend Sec. 721.5713 by revising paragraphs (a)(1) and (a)(2)(i) to read as follows: Sec. 721.5713 Phenol--biphenyl polymer condensate (generic). (a) * * * (1) The chemical substance identified generically as a phenol-- biphenyl polymer condensate (PMN P-00-1220 and S-07-2) is subject to reporting under this section for the significant new use described in paragraph (a)(2) of this section. (2) * * * (i) Release to water. Requirements as specified Sec. 721.90(a)(4), (b)(4), and (c)(4) (N = 5). * * * * * 0 9. Amend Sec. 721.8145 by revising paragraphs (a)(1) and (a)(2)(i) to read as follows: Sec. 721.8145 Propane,1,1,1,2,2,3,3-heptafluoro-3-methoxy-. (a) * * * (1) The chemical substance identified as propane,1,1,1,2,2,3,3- heptafluoro-3-methoxy- (PMN P-01-320; SNUN S-04-2; and SNUN 11-1; CAS No. 375-03-1) is subject to reporting under this section for the significant new use described in paragraph (a)(2) of this section. (2) * * * (i) Industrial, commercial, and consumer activities. Requirements as specified in Sec. 721.80. A significant new use is any use of the chemical substance other than as a heating transfer fluid, refrigerant, flush cleaning, foam blowing, deposition coatings, histology baths, vapor degreasing, and industrial and commercial aerosol spray cleaning. * * * * * 0 10. Amend Sec. 721.9501 by revising paragraph (a)(1) to read as follows: Sec. 721.9501 Silane, triethoxy[3-oxiranylmethoxy)propyl]-. (a) * * * (1) The chemical substance identified as silane, triethoxy[3- oxiranylmethoxy)propyl]- (PMN P-01-781; CAS No. 2602-34-8) is subject to reporting under this section for the significant new use described in paragraph (a)(2) of this section. * * * * * 0 11. Amend Sec. 721.9502 by revising paragraphs (a)(1) and (a)(2)(i) to read as follows: Sec. 721.9502 Siloxanes and silicones, aminoalkyl, fluorooctyl, hydroxy-terminated salt (generic). (a) * * * [[Page 37166]] (1) The chemical substance identified generically as siloxanes and silicones, aminoalkyl, fluorooctyl, hydroxy-terminated salt (PMN P-00- 1132 and SNUN S-11-5) is subject to reporting under this section for the significant new use described in paragraph (a)(2) of this section. (2) * * * (i) Industrial, commercial, and consumer activities. Requirements as specified in Sec. 721.80(y)(1). A significant new use is any use of the chemical substance other than in graffiti systems, as surface treatment and additive for coatings, adhesives, sealants, paste, insulation and textiles for porous, non-porous, ceramic, metal, glass, plastic, wood and leather surfaces or a surface treatment agent for inorganic filler particles. * * * * * 0 12. Amend Sec. 721.9595 by revising the section heading and paragraphs (a)(1) and (a)(2)(i) to read as follows: Sec. 721.9595 Benzenesulfonic acid, mono C- 10-16 -alkyl derivs., compounds with 2-propen-1-amine and Alkyl benzene sulfonic acids and alkyl sulfates, amine salts. (a) * * * (1) The chemical substances identified as benzenesulfonic acid, mono C-10-16 -alkyl derivs., compds. with 2-propen-1-amine (PMN P-97-296 and SNUN S-03-10; CAS No. 195008-77-6) and the chemical substances identified generically as alkyl benzene sulfonic acids and alkyl sulfates, amine salts (PMNs P-97-297/298/299 and SNUNs S-03-11/ 12/13) are subject to reporting under this section for the significant new uses described in paragraph (a)(2) of this section. (2) * * * (i) Release to water. Requirements as specified in Sec. 721.90(a)(4), (b)(4), and (c)(4) N = 30. * * * * * 0 13. Amend Sec. 721.9892 by revising the section heading and paragraphs (a)(1) and (a)(2)(i) to read as follows: Sec. 721.9892 1,3-Dimethyl-2-imidazolidinone. (a) * * * (1) The chemical substance identified as 1,3-Dimethyl-2- imidazolidinone (PMN P-93-1649, SNUN S-04-3 and S-11-3; CAS No. 80-73- 9) is subject to reporting under this section for the significant new uses described in paragraph (a)(2) of this section. (2) * * * (iii) Industrial, commercial, and consumer activities. Requirements as specified in Sec. 721.80(q). A significant new use is non- industrial use other than the commercial uses described in the S-04-3 and S-11-3. * * * * * 0 14. Amend Sec. 721.10008 as follows: 0 a. Revise paragraph (a)(2)(ii). 0 b. Remove paragraph (a)(2)(iii). 0 c. Revise paragraph (b)(1). 0 b. Remove paragraph (b)(3). The revisions read as follows: Sec. 721.10008 Manganese strontium oxide (MnSrO3). (a) * * * (2) * * * (ii) Industrial, commercial, and consumer activities. Requirements as specified in Sec. 721.80(k) (manufacture, processing, or use of the PMN substance if the particle size is less than 10 microns). (b) * * * (1) Recordkeeping. Recordkeeping requirements as specified in Sec. 721.125(a), (b), (c), (f), (g), (h), and (i) are applicable to manufacturers and processors of this substance. * * * * * 0 15. Amend Sec. 721.10182 by revising paragraphs (a)(1) and (a)(2)(i) to read as follows: Sec. 721.10182 1-Propene, 2,3,3,3-tetrafluoro-. (a) * * * (1) The chemical substance identified as 1-propene, 2,3,3,3- tetrafluoro- (PMN P-07-601, SNUN S-14-11, and SNUN S-15-5; CAS No. 754- 12-1) is subject to reporting under this section for the significant new uses described in paragraph (a)(2) of this section. (2) * * * (i) Industrial, commercial, and consumer activities. A significant new use is: (A) Use other than as a refrigerant: In motor vehicle air conditioning systems in new passenger cars and vehicles (i.e., as defined in 40 CFR 82.32(c) and (d)), in stationary and transport refrigeration, or in stationary air conditioning. (B) Section 721.80(m) (commercial use other than: In passenger cars and vehicles in which the original charging of motor vehicle air conditioning systems with the PMN substance was done by the motor vehicle original equipment manufacturer (OEM), in stationary and transport refrigeration, or in stationary air conditioning). (C) Section 721.80(o) (use in consumer products other than products used to recharge the motor vehicle air conditioning systems in passenger cars and vehicles in which the original charging of motor vehicle air conditioning systems with the PMN substance was done by the motor vehicle OEM). * * * * * 0 16. Amend Sec. 721.10283 as follows: 0 a. Revise paragraph (a)(2)(i). 0 b. Revise paragraph (a)(2)(ii). 0 c. Revise paragraph (a)(2)(iii). 0 d. Remove paragraph (a)(2)(iv). 0 e. Revise paragraph (b)(1). The revisions read as follows: Sec. 721.10283 Poly[oxy(methyl-1,2- ethanediyl)], .alpha.- sulfo-.omega.-hydroxy-, C12-13-branched and linear alkyl ethers, sodium salts. (a) * * * (2) * * * (i) Industrial, commercial, and consumer activities. Requirements as specified in Sec. 721.80(l). (ii) Disposal. Requirements as specified in Sec. 721.85. A significant new of the substances is any method of disposal of a waste stream containing the PMN substances other than by incineration or by injection into a Class I or II waste disposal well. (iii) Release to water. Requirements as specified in Sec. 721.90(a)(2)(ii), (b)(2)(ii), and (c)(2)(ii). (b) * * * (1) Recordkeeping. Recordkeeping requirements as specified in Sec. 721.125(a), (b), (c), (i), and (j) are applicable to manufacturers, importers, and processors of this substance. * * * * * 0 17. Amend Sec. 721.10284 as follows: 0 a. Revise paragraph (a)(2)(i). 0 b. Revise paragraph (a)(2)(ii). 0 c. Revise paragraph (a)(2)(iii). 0 d. Remove paragraph (a)(2)(iv). 0 e. Revise paragraph (b)(1). The revisions read as follows: Sec. 721.10284 Poly[oxy(methyl-1,2-ethanediyl)], .alpha.- sulfo-.omega.-hydroxy-, C14-15-branched and linear alkyl ethers, sodium salts. (a) * * * (2) * * * (i) Industrial, commercial, and consumer activities. Requirements as specified in Sec. 721.80(l). (ii) Disposal. Requirements as specified in Sec. 721.85. A significant new of the substances is any method of disposal of a waste stream containing the PMN substances other than by incineration or by injection into a Class I or II waste disposal well. (iii) Release to water. Requirements as specified in Sec. 721.90(a)(2)(ii), (b)(2)(ii), and (c)(2)(ii). (b) * * * (1) Recordkeeping. Recordkeeping requirements as specified in Sec. 721.125(a), (b), (c), (i), and (j) are applicable to manufacturers, importers, and processors of this substance. * * * * * [FR Doc. 2015-15917 Filed 6-29-15; 8:45 am] BILLING CODE 6560-50-P
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ENVIRONMENTAL PROTECTION Dated: June 18, 2015. FOR FURTHER INFORMATION CONTACT:
AGENCY Ron Curry, For technical information contact: Jim
Regional Administrator, Region 6. Alwood, Chemical Control Division,
40 CFR Part 52 [FR Doc. 2015–15910 Filed 6–29–15; 8:45 am] Office of Pollution Prevention and
BILLING CODE 6560–50–P
Toxics, Environmental Protection
[EPA–R06–OAR–2011–0079; FRL–9929–69– Agency, 1200 Pennsylvania Ave. NW.,
Region 6] Washington, DC 20460–0001; telephone
ENVIRONMENTAL PROTECTION number: 202–564–8974; email address:
Approval and Promulgation of AGENCY alwood.jim@epa.gov.
Implementation Plans; Texas; Revision For general information contact: The
To Control Volatile Organic Compound 40 CFR Part 721 TSCA-Hotline, ABVI-Goodwill, 422
Emissions From Storage Tanks and South Clinton Ave., Rochester, NY
[EPA–HQ–OPPT–2014–0649; FRL–9928–93]
Transport Vessels 14620; telephone number: (202) 554–
RIN 2070–AB27 1404; email address: TSCA-Hotline@
AGENCY: Environmental Protection epa.gov.
Agency (EPA). Modification of Significant New Uses
SUPPLEMENTARY INFORMATION:
of Certain Chemical Substances
ACTION: Withdrawal of direct final rule. I. Does this action apply to me?
AGENCY: Environmental Protection
SUMMARY: The Environmental Protection Agency (EPA). You may be potentially affected by
Agency (EPA) is withdrawing a direct ACTION: Final rule. this action if you manufacture, process,
final rule published on May 13, 2015 or use the chemical substances
SUMMARY: EPA is amending the contained in this rule. The following list
because relevant adverse comments
significant new use rules (SNURs) under of North American Industrial
were received. The rule pertained to
section 5(a)(2) of the Toxic Substances Classification System (NAICS) codes is
EPA approval of a Texas State
Control Act (TSCA) for 21 chemical not intended to be exhaustive, but rather
Implementation Plan (SIP) revision for
substances which were the subject of provides a guide to help readers
control of volatile organic compound
premanufacture notices (PMNs). This determine whether this document
(VOC) emissions from degassing of
action amends the SNURs to allow applies to them. Potentially affected
storage tanks, transport vessels and
certain uses without requiring a entities may include:
marine vessels. In a separate subsequent
significant new use notice (SNUN), and • Manufacturers or processors of one
final rulemaking EPA will address the
extends SNUN requirements to certain or more subject chemical substances
comments received.
additional uses. EPA is amending these (NAICS codes 325 and 324110), e.g.,
DATES: The direct final rule published at SNURs based on review of new data for chemical manufacturing and petroleum
80 FR 27251 on May 13, 2015, is each chemical substance. This action refineries.
withdrawn effective June 30, 2015. requires persons who intend to This action may also affect certain
manufacture (including import) or entities through pre-existing import
FOR FURTHER INFORMATION CONTACT: Mr. certification and export notification
process any of these 21 chemical
Robert M. Todd, (214) 665–2156, rules under TSCA. Chemical importers
substances for an activity that is
todd.robert@epa.gov. are subject to the TSCA section 13 (15
designated as a significant new use by
SUPPLEMENTARY INFORMATION: this proposed rule to notify EPA at least U.S.C. 2612) import certification
Throughout this document wherever 90 days before commencing that requirements promulgated at 19 CFR
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean activity. The required notification 12.118 through 12.127 and 19 CFR
the EPA. On May 13, 2015 we published would provide EPA with the 127.28. Chemical importers must certify
a direct final rule approving a Texas opportunity to evaluate the intended that the shipment of the chemical
State Implementation Plan (SIP) use and, if necessary, to prohibit or limit substance complies with all applicable
revision for control of volatile organic that activity before it occurs. rules and orders under TSCA. Importers
compound (VOC) emissions from DATES: This final rule is effective August of chemicals subject to a modified
degassing of storage tanks, transport 31, 2015. SNUR must certify their compliance
vessels and marine vessels (80 FR ADDRESSES: The docket for this action, with the SNUR requirements. The EPA
27251). The direct final rule was identified by docket identification (ID) policy in support of import certification
published without prior proposal number EPA–HQ–OPPT–2014–0649, is appears at 40 CFR part 707, subpart B.
because we anticipated no adverse available at http://www.regulations.gov In addition, any persons who export or
comments. We stated in the direct final or at the Office of Pollution Prevention intend to export the chemical substance
rule that if we received relevant adverse and Toxics Docket (OPPT Docket), that is the subject of a final rule are
comments by June 12, 2015 we would Environmental Protection Agency subject to the export notification
publish a timely withdrawal in the Docket Center (EPA/DC), West William provisions of TSCA section 12(b) (15
Federal Register. We received relevant Jefferson Clinton Bldg., Rm. 3334, 1301 U.S.C. 2611(b)) (see § 721.20), and must
adverse comments and accordingly are Constitution Ave. NW., Washington, comply with the export notification
withdrawing the direct final rule. In a DC. The Public Reading Room is open requirements in 40 CFR part 707,
separate subsequent final rulemaking from 8:30 a.m. to 4:30 p.m., Monday subpart D.
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we will address the comments received. through Friday, excluding legal II. Background
List of Subjects in 40 CFR Part 52 holidays. The telephone number for the
Public Reading Room is (202) 566–1744, A. What action is the Agency taking?
Environmental protection, Air and the telephone number for the OPPT In the Federal Register of April 9,
pollution control, Incorporation by Docket is (202) 566–0280. Please review 2015 (80 FR 19037) (FRL–9924–10),
reference, Ozone, Reporting and the visitor instructions and additional EPA proposed amendments to the
recordkeeping requirements, Volatile information about the docket available SNURs for 24 chemical substances in 40
organic compounds. at http://www.epa.gov/dockets. CFR part 721 subpart E. This action
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![37164 Federal Register / Vol. 80, No. 125 / Tuesday, June 30, 2015 / Rules and Regulations
Children from Environmental Health ■ 2. Amend § 721.522 by revising required for § 721.63(a)(1) engineering
Risks and Safety Risks’’ (62 FR 19885, paragraphs (a)(1) and (a)(2)(i) to read as control measures (e.g., enclosure or
April 23, 1997), because this is not an follows: confinement of the operation, general
economically significant regulatory and local ventilation) or administrative
action as defined by Executive Order § 721.522 Oxirane, methyl-, polymer with control measures (e.g., workplace
oxirane, mono (3,5,5,-trimethylhexyl) ether.
12866, and this action does not address policies and procedures) shall be
environmental health or safety risks (a) * * * considered and implemented to prevent
disproportionately affecting children. (1) The chemical substance identified exposure, where feasible. Butyl rubber
as oxirane, methyl-, polymer with gloves with a minimum thickness of
H. Executive Order 13211 oxirane, mono (3,5,5,-trimethylhexyl) 16.6 mils or Silver shield gloves with a
This action is not subject to Executive ether (PMN P–99–669, SNUN S–09–1, minimum thickness of 2.7 mils have
Order 13211, entitled ‘‘Actions and SNUN S–13–29; CAS No. 204336– been tested in accordance with the
Concerning Regulations That 40–3) is subject to reporting under this American Society for Testing Materials
Significantly Affect Energy Supply, section for the significant new uses (ASTM) F739 method and found by EPA
Distribution, or Use’’ (66 FR 28355, May described in paragraph (a)(2) of this to satisfy the consent orders and
22, 2001), because this action is not section. § 721.63(a)(2)(i) requirements for dermal
expected to affect energy supply, (2) * * * protection to 100 percent chemical
distribution, or use and because this (i) Industrial, commercial, and
substance. Silver Shield gloves with a
action is not a significant regulatory consumer activities. Requirements as
minimum thickness of 2.7 mils have
action under Executive Order 12866. specified in § 721.80. A significant new
been tested in accordance with the
use is use other than as a wetting agent,
I. National Technology Transfer and American Society for Testing Materials
dispersing agent and defoaming/
Advancement Act (NTTAA) (ASTM) F739 method and found by EPA
deaerating agent in waterborne coatings,
to satisfy the consent orders and
In addition, since this action does not inks, and paints, water based adhesives,
§ 721.63(a)(2)(i) requirements for dermal
involve any technical standards, and ultraviolet curable coatings; wetting
protection for paint formulations where
NTTAA section 12(d) (15 U.S.C. 272 agent in water miscible metalworking
concentrations of the chemical
note), does not apply to this action. fluids, powdered construction additives
substance is 10% or less. Gloves and
for use in cementitious mortars, grouts
J. Executive Order 12898 other dermal protection may not be used
and tile adhesives, and in liquid
for a time period longer than they are
This action does not entail special admixtures for concrete; and a substrate
actually tested and must be replaced at
considerations of environmental justice wetting and anticratering additive for
the end of each work shift.
related issues as delineated by ultraviolet curable inkjet ink.
(ii) Hazard communication program.
Executive Order 12898, entitled * * * * * Requirements as specified in
‘‘Federal Actions to Address ■ 3. Amend § 721.532 as follows: § 721.72(a), (b) (concentration set at 0.1
Environmental Justice in Minority ■ a. Revise the section heading. percent), (c), (d), (f), (g)(1)(iv), (g)(1)(iv),
Populations and Low-Income ■ b. Revise paragraph (a)(1). (g)(2)(i), (g)(2)(ii), (g)(2)(iii), (g)(2)(v),
Populations’’ (59 FR 7629, February 16, ■ c. Revise paragraph (a)(2)(i). (g)(2)(v), and (g)(5).
1994). ■ d. Add paragraph (a)(3). (iii) Industrial, commercial, and
■ e. Revise paragraph (b)(1).
VIII. Congressional Review Act (CRA) consumer activities. Requirements as
The revisions and addition read as specified in § 721.80(f), (o), and any
Pursuant to the Congressional Review follows: application method that generates a
Act (5 U.S.C. 801 et seq.), EPA will vapor, mist, or aerosol when the percent
§ 721.532 1-Butanol, 3-methoxy-3-methyl-,
submit a report containing this rule and acetate. concentration of the SNUN substance in
other required information to the U.S. the final product exceeds 10%.
(a) * * *
Senate, the U.S. House of (b) * * *
(1) The chemical substance identified
Representatives, and the Comptroller (1) Recordkeeping. Recordkeeping
as 1-butanol, 3-methoxy-3-methyl-,
General of the United States prior to requirements as specified in
acetate (PMN P–00–618; SNUN S–05–
publication of the rule in the Federal § 721.125(a) through (i) are applicable to
03; and SNUN S–11–4; CAS No.
Register. This action is not a ‘‘major manufacturers and processors of this
103429–90–9) is subject to reporting
rule’’ as defined by 5 U.S.C. 804(2). substance.
under this section for the significant
List of Subjects in 40 CFR Part 721 new uses described in paragraphs (a)(2) * * * * *
Environmental protection, Chemicals, and (a)(3) of this section. ■ 4. Amend § 721.633 as follows:
(2) * * * ■ a. Revise paragraph (a)(1).
Hazardous substances, Reporting and
(i) Industrial, commercial, and ■ b. Revise paragraph (a)(2)(i).
recordkeeping requirements.
consumer activities. Requirements as ■ c. Remove paragraph (a)(2)(iii).
Dated: June 18, 2015. specified in § 721.80. The significant ■ d. Revise paragraph (b)(1).
Maria J. Doa, new use is any use other than the use The revisions read as follows:
Director, Chemical Control Division, Office described in P–00–618.
of Pollution Prevention and Toxics. * * * * * § 721.633 Aluminosilicates, phospho-.
Therefore, 40 CFR chapter I is (3) The significant new uses for any (a) * * *
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amended as follows: use other than the use described in P– (1) The chemical substance identified
00–618: as aluminosilicates, phospho- (PMN P–
PART 721—[AMENDED] (i) Protection in the workplace. 98–1275 and SNUN S–11–10; CAS No.
Requirements as specified in 201167–69–3) is subject to reporting
■ 1. The authority citation for part 721 § 721.63(a)(1), (a)(3)(i), (b) under this section for the significant
continues to read as follows: (concentration set at 0.1 percent), and new uses described in paragraph (a)(2)
Authority: 15 U.S.C. 2604, 2607, and (c). When determining which persons of this section.
2625(c). are reasonably likely to be exposed as (2) * * *
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(i) Protection in the workplace. greater than 5 percent of the chemical than the uses as described in P–95–638,
Requirements as specified in substance consists of particle sizes P–97–79, or S–06–8.
§ 721.63(a)(4), (b), and (c). When below 10 microns. * * * * *
determining which persons are * * * * * ■ 8. Amend § 721.5713 by revising
reasonably likely to be exposed as paragraphs (a)(1) and (a)(2)(i) to read as
■ 6. Amend § 721.5185 as follows:
required for § 721.63(a)(4) engineering follows:
■ a. Revise paragraph (a)(1).
control measures (e.g., enclosure or
■ b. Revise paragraph (a)(2)(iii).
confinement of the operation, general § 721.5713 Phenol—biphenyl polymer
and local ventilation) or administrative ■ c. Add paragraph (a)(2)(iv). condensate (generic).
control measures (e.g., workplace ■ d. Revise paragraph (b)(1). (a) * * *
policies and procedures) shall be The revisions and addition read as (1) The chemical substance identified
considered and implemented to prevent follows: generically as a phenol—biphenyl
exposure, where feasible. The following polymer condensate (PMN P–00–1220
§ 721.5185 2-Propen-1-one, 1-(4-
NIOSH-certified respirators with an APF morpholinyl)-.
and S–07–2) is subject to reporting
of at least 50 meet the requirements of under this section for the significant
§ 721.63(a)(4): NIOSH-certified air- (a) * * * new use described in paragraph (a)(2) of
purifying, tight-fitting full-face (1) The chemical substance identified this section.
respirator equipped with N100 (if oil as 2-Propen-1-one, 1-(4-morpholinyl)- (2) * * *
aerosols absent), R100, or P100 filters; (PMN P–95–169; SNUN S–08–7; and (i) Release to water. Requirements as
NIOSH-certified powered air-purifying SNUN S–14–1; CAS No. 5117–12–4) is specified § 721.90(a)(4), (b)(4), and (c)(4)
respirator equipped with a tight-fitting subject to reporting under this section (N = 5).
full facepiece and high efficiency for the significant new uses described in * * * * *
particulate air (HEPA) filters; NIOSH- paragraph (a)(2) of this section. The
■ 9. Amend § 721.8145 by revising
certified supplied-air respirator requirements of this rule do not apply
paragraphs (a)(1) and (a)(2)(i) to read as
operated in positive pressure demand or to quantities of the chemical substance
follows:
continuous flow mode and equipped after it has been completely reacted
with a hood, or helmet or tight-fitting (cured) because 2-Propen-1-one, 1-(4- § 721.8145 Propane,1,1,1,2,2,3,3-
facepiece. As an alternative to the morpholinyl)- will no longer exist. heptafluoro-3-methoxy-.
respiratory requirements listed here, a (2) * * * (a) * * *
manufacturer or processor may choose (iii) Industrial, commercial, and (1) The chemical substance identified
to follow the New Chemical Exposure consumer activities. Requirements as as propane,1,1,1,2,2,3,3-heptafluoro-3-
Limit (NCEL) provisions listed in the specified in § 721.80(y)(1). It is a methoxy- (PMN P–01–320; SNUN S–04–
TSCA section 5(e) consent order for significant new use to use the chemical 2; and SNUN 11–1; CAS No. 375–03–1)
these substances. The NCEL is 0.1 mg/ substance for any use other than as a is subject to reporting under this section
m3 as an 8-hour time weighted average monomer for use in ultraviolet ink jet for the significant new use described in
verified by actual monitoring data. applications unless the chemical paragraph (a)(2) of this section.
* * * * * substance is processed and used in an (2) * * *
(b) * * * enclosed process. (i) Industrial, commercial, and
(1) Recordkeeping. Recordkeeping (iv) Release to water. Requirements as consumer activities. Requirements as
requirements as specified in specified in § 721.90(a)(4), (b)(4), and specified in § 721.80. A significant new
§ 721.125(a), (b), (c), (d), (f), (g), and (h) (c)(4) (N = 100). use is any use of the chemical substance
are applicable to manufacturers and (b) * * * other than as a heating transfer fluid,
processors of this substance. (1) Recordkeeping. Recordkeeping refrigerant, flush cleaning, foam
requirements as specified in blowing, deposition coatings, histology
* * * * *
§ 721.125(a) through (i) and (k) are baths, vapor degreasing, and industrial
■ 5. Amend § 721.2076 by revising
applicable to manufacturers and and commercial aerosol spray cleaning.
paragraphs (a)(1) and (a)(2)(i) to read as
follows: processors of this chemical substance. * * * * *
* * * * * ■ 10. Amend § 721.9501 by revising
§ 721.2076 D-Glucuronic acid, polymer paragraph (a)(1) to read as follows:
with 6-deoxy-L-mannose and D-glucose, ■ 7. Amend § 721.5645 by revising
acetate, calcium magnesium potassium paragraphs (a)(1) and (a)(2)(i) to read as § 721.9501 Silane, triethoxy[3-
sodium salt. follows: oxiranylmethoxy)propyl]-.
(a) * * * (a) * * *
§ 721.5645 Pentane 1,1,1,2,3,4,4,5,5,5,-
(1) The chemical substance identified (1) The chemical substance identified
decafluoro.
as D-Glucuronic acid, polymer with 6- as silane, triethoxy[3-
deoxy-L-mannose and D-glucose, (a) * * * oxiranylmethoxy)propyl]- (PMN P–01–
acetate, calcium magnesium potassium (1) The chemical substance identified 781; CAS No. 2602–34–8) is subject to
sodium salt (PMN P–00–7; SNUN S–05– as pentane 1,1,1,2,3,4,4,5,5,5,- reporting under this section for the
1; SNUN S–06–4; SNUN S–07–03; and decafluoro (PMN P–95–638, SNUN P– significant new use described in
SNUN S–07–5; CAS No. 125005–87–0) 97–79, and SNUN S–06–8; CAS No. paragraph (a)(2) of this section.
is subject to reporting under this section 138495–42–8) is subject to reporting * * * * *
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for the significant new use described in under this section for the significant
■ 11. Amend § 721.9502 by revising
paragraph (a)(2) of this section. new uses described in paragraph (a)(2)
of this section. paragraphs (a)(1) and (a)(2)(i) to read as
(2) * * * follows:
(i) Industrial, commercial, and (2) * * *
consumer activities. Requirements as (i) Industrial, commercial, and § 721.9502 Siloxanes and silicones,
specified in § 721.80. The significant consumer activities. Requirements as aminoalkyl, fluorooctyl, hydroxy-terminated
new use is any use other than specified in § 721.80. A significant new salt (generic).
manufacture of the substance where use is any use of the substance other (a) * * *
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![37166 Federal Register / Vol. 80, No. 125 / Tuesday, June 30, 2015 / Rules and Regulations
(1) The chemical substance identified the commercial uses described in the S– ■ 16. Amend § 721.10283 as follows:
generically as siloxanes and silicones, 04–3 and S–11–3. ■ a. Revise paragraph (a)(2)(i).
aminoalkyl, fluorooctyl, hydroxy- * * * * * ■ b. Revise paragraph (a)(2)(ii).
terminated salt (PMN P–00–1132 and ■ c. Revise paragraph (a)(2)(iii).
■ 14. Amend § 721.10008 as follows:
SNUN S–11–5) is subject to reporting ■ d. Remove paragraph (a)(2)(iv).
■ a. Revise paragraph (a)(2)(ii).
under this section for the significant ■ e. Revise paragraph (b)(1).
■ b. Remove paragraph (a)(2)(iii).
new use described in paragraph (a)(2) of The revisions read as follows:
■ c. Revise paragraph (b)(1).
this section. ■ b. Remove paragraph (b)(3). § 721.10283 Poly[oxy(methyl-1,2-
(2) * * * The revisions read as follows: ethanediyl)], .alpha.-sulfo-.omega.-hydroxy-,
(i) Industrial, commercial, and C12–13-branched and linear alkyl ethers,
§ 721.10008 Manganese strontium oxide sodium salts.
consumer activities. Requirements as (MnSrO3).
specified in § 721.80(y)(1). A significant (a) * * *
(a) * * * (2) * * *
new use is any use of the chemical (2) * * *
substance other than in graffiti systems, (i) Industrial, commercial, and
(ii) Industrial, commercial, and
as surface treatment and additive for consumer activities. Requirements as
consumer activities. Requirements as
coatings, adhesives, sealants, paste, specified in § 721.80(l).
specified in § 721.80(k) (manufacture,
insulation and textiles for porous, non- (ii) Disposal. Requirements as
processing, or use of the PMN substance
porous, ceramic, metal, glass, plastic, specified in § 721.85. A significant new
if the particle size is less than 10
wood and leather surfaces or a surface of the substances is any method of
microns).
treatment agent for inorganic filler (b) * * * disposal of a waste stream containing
particles. (1) Recordkeeping. Recordkeeping the PMN substances other than by
* * * * * requirements as specified in incineration or by injection into a Class
§ 721.125(a), (b), (c), (f), (g), (h), and (i) I or II waste disposal well.
■ 12. Amend § 721.9595 by revising the (iii) Release to water. Requirements as
section heading and paragraphs (a)(1) are applicable to manufacturers and
processors of this substance. specified in § 721.90(a)(2)(ii), (b)(2)(ii),
and (a)(2)(i) to read as follows: and (c)(2)(ii).
* * * * * (b) * * *
§ 721.9595 Benzenesulfonic acid, mono ■ 15. Amend § 721.10182 by revising
C-10–16-alkyl derivs., compounds with 2- (1) Recordkeeping. Recordkeeping
propen-1-amine and Alkyl benzene sulfonic
paragraphs (a)(1) and (a)(2)(i) to read as requirements as specified in
acids and alkyl sulfates, amine salts. follows: § 721.125(a), (b), (c), (i), and (j) are
applicable to manufacturers, importers,
(a) * * * § 721.10182 1-Propene, 2,3,3,3-tetrafluoro-.
and processors of this substance.
(1) The chemical substances (a) * * *
identified as benzenesulfonic acid, (1) The chemical substance identified * * * * *
mono C-10–16-alkyl derivs., compds. with as 1-propene, 2,3,3,3-tetrafluoro- (PMN ■ 17. Amend § 721.10284 as follows:
2-propen-1-amine (PMN P–97–296 and P–07–601, SNUN S–14–11, and SNUN ■ a. Revise paragraph (a)(2)(i).
SNUN S–03–10; CAS No. 195008–77–6) S–15–5; CAS No. 754–12–1) is subject to ■ b. Revise paragraph (a)(2)(ii).
reporting under this section for the ■ c. Revise paragraph (a)(2)(iii).
and the chemical substances identified
■ d. Remove paragraph (a)(2)(iv).
generically as alkyl benzene sulfonic significant new uses described in
■ e. Revise paragraph (b)(1).
acids and alkyl sulfates, amine salts paragraph (a)(2) of this section.
(2) * * * The revisions read as follows:
(PMNs P–97–297/298/299 and SNUNs
S–03–11/12/13) are subject to reporting (i) Industrial, commercial, and § 721.10284 Poly[oxy(methyl-1,2-
under this section for the significant consumer activities. A significant new ethanediyl)], .alpha.-sulfo-.omega.-hydroxy-,
new uses described in paragraph (a)(2) use is: C14–15-branched and linear alkyl ethers,
of this section. (A) Use other than as a refrigerant: In sodium salts.
(2) * * * motor vehicle air conditioning systems (a) * * *
(i) Release to water. Requirements as in new passenger cars and vehicles (i.e., (2) * * *
specified in § 721.90(a)(4), (b)(4), and as defined in 40 CFR 82.32(c) and (d)), (i) Industrial, commercial, and
(c)(4) N = 30. in stationary and transport refrigeration, consumer activities. Requirements as
or in stationary air conditioning. specified in § 721.80(l).
* * * * * (B) Section 721.80(m) (commercial (ii) Disposal. Requirements as
■ 13. Amend § 721.9892 by revising the use other than: In passenger cars and specified in § 721.85. A significant new
section heading and paragraphs (a)(1) vehicles in which the original charging of the substances is any method of
and (a)(2)(i) to read as follows: of motor vehicle air conditioning disposal of a waste stream containing
systems with the PMN substance was the PMN substances other than by
§ 721.9892 1,3-Dimethyl-2-imidazolidinone.
done by the motor vehicle original incineration or by injection into a Class
(a) * * * equipment manufacturer (OEM), in I or II waste disposal well.
(1) The chemical substance identified stationary and transport refrigeration, or (iii) Release to water. Requirements as
as 1,3-Dimethyl-2-imidazolidinone in stationary air conditioning). specified in § 721.90(a)(2)(ii), (b)(2)(ii),
(PMN P–93–1649, SNUN S–04–3 and S– (C) Section 721.80(o) (use in and (c)(2)(ii).
11–3; CAS No. 80–73–9) is subject to consumer products other than products (b) * * *
asabaliauskas on DSK5VPTVN1PROD with RULES
reporting under this section for the used to recharge the motor vehicle air (1) Recordkeeping. Recordkeeping
significant new uses described in conditioning systems in passenger cars requirements as specified in
paragraph (a)(2) of this section. and vehicles in which the original § 721.125(a), (b), (c), (i), and (j) are
(2) * * * charging of motor vehicle air applicable to manufacturers, importers,
(iii) Industrial, commercial, and conditioning systems with the PMN and processors of this substance.
consumer activities. Requirements as substance was done by the motor * * * * *
specified in § 721.80(q). A significant vehicle OEM). [FR Doc. 2015–15917 Filed 6–29–15; 8:45 am]
new use is non-industrial use other than * * * * * BILLING CODE 6560–50–P
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Document Created: 2018-02-22 11:17:17
Document Modified: 2018-02-22 11:17:17
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This final rule is effective August 31, 2015. | |
| Contact | For technical information contact: Jim Alwood, Chemical Control Division, Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460- | |
| FR Citation | 80 FR 37161 | |
| RIN Number | 2070-AB27 | |
| CFR Associated | Environmental Protection; Chemicals; Hazardous Substances and Reporting and Recordkeeping Requirements |
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