80 FR 37161 - Modification of Significant New Uses of Certain Chemical Substances

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 125 (June 30, 2015)

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.

[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]


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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.

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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