81_FR_30545 81 FR 30451 - Significant New Use Rules on Certain Chemical Substances

81 FR 30451 - Significant New Use Rules on Certain Chemical Substances

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 94 (May 16, 2016)

Page Range30451-30481
FR Document2016-11121

EPA is promulgating significant new use rules (SNURs) under the Toxic Substances Control Act (TSCA) for 55 chemical substances which were the subject of premanufacture notices (PMNs). Ten of these chemical substances are subject to TSCA section 5(e) consent orders issued by EPA. This action requires persons who intend to manufacture (defined by statute to include import) or process any of these 55 chemical substances for an activity that is designated as a significant new use by this rule to notify EPA at least 90 days before commencing that activity. The required notification will 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 81 Issue 94 (Monday, May 16, 2016)
[Federal Register Volume 81, Number 94 (Monday, May 16, 2016)]
[Rules and Regulations]
[Pages 30451-30481]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-11121]



[[Page 30451]]

Vol. 81

Monday,

No. 94

May 16, 2016

Part III





Environmental Protection Agency





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40 CFR Parts 9 and 721





 Significant New Use Rules on Certain Chemical Substances; Final Rule

Federal Register / Vol. 81 , No. 94 / Monday, May 16, 2016 / Rules 
and Regulations

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 9 and 721

[EPA-HQ-OPPT-2015-0810; FRL-9944-77]
RIN 2070-AB27


Significant New Use Rules on Certain Chemical Substances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is promulgating significant new use rules (SNURs) under 
the Toxic Substances Control Act (TSCA) for 55 chemical substances 
which were the subject of premanufacture notices (PMNs). Ten of these 
chemical substances are subject to TSCA section 5(e) consent orders 
issued by EPA. This action requires persons who intend to manufacture 
(defined by statute to include import) or process any of these 55 
chemical substances for an activity that is designated as a significant 
new use by this rule to notify EPA at least 90 days before commencing 
that activity. The required notification will provide EPA with the 
opportunity to evaluate the intended use and, if necessary, to prohibit 
or limit that activity before it occurs.

DATES: This rule is effective on July 15, 2016. For purposes of 
judicial review, this rule shall be promulgated at 1 p.m. (e.s.t.) on 
May 31, 2016.
    Written adverse or critical comments, or notice of intent to submit 
adverse or critical comments, on one or more of these SNURs must be 
received on or before June 15, 2016 (see Unit VI. of the SUPPLEMENTARY 
INFORMATION). If EPA receives written adverse or critical comments, or 
notice of intent to submit adverse or critical comments, on one or more 
of these SNURs before June 15, 2016, EPA will withdraw the relevant 
sections of this direct final rule before its effective date.
    For additional information on related reporting requirement dates, 
see Units I.A., VI., and VII. of the SUPPLEMENTARY INFORMATION.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPPT-2015-0810, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the online instructions for submitting comments. Do not submit 
electronically any information you consider to be Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute.
     Mail: Document Control Office (7407M), Office of Pollution 
Prevention and Toxics (OPPT), Environmental Protection Agency, 1200 
Pennsylvania Ave. NW., Washington, DC 20460-0001.
     Hand Delivery: To make special arrangements for hand 
delivery or delivery of boxed information, please follow the 
instructions at http://www.epa.gov/dockets/contacts.html.
    Additional instructions on commenting or visiting the docket, along 
with more information about dockets generally, is available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT:
    For technical information contact: Kenneth Moss, Chemical Control 
Division (7405M), Office of Pollution Prevention and Toxics, 
Environmental Protection Agency, 1200 Pennsylvania Ave. NW., 
Washington, DC 20460-0001; telephone number: (202) 564-9232; email 
address: [email protected].
    For general information contact: The TSCA-Hotline, ABVI-Goodwill, 
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202) 
554-1404; email address: [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you manufacture 
(defined by statute to include import), 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 these SNURs 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 a chemical 
substance that is the subject of a proposed or 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.

B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through 
regulations.gov or email. Clearly mark the part or all of the 
information that you claim to be CBI. For CBI information in a disk or 
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as 
CBI and then identify electronically within the disk or CD-ROM the 
specific information that is claimed as CBI. In addition to one 
complete version of the comment that includes information claimed as 
CBI, a copy of the comment that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When preparing and submitting 
your comments, see the commenting tips at http://www.epa.gov/dockets/comments.html.

II. Background

A. What action is the Agency taking?

    EPA is promulgating these SNURs using direct final procedures. 
These SNURs will require persons to notify EPA at least 90 days before 
commencing the manufacture or processing of a chemical substance for 
any activity designated by these SNURs as a significant new use. 
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. Additional rationale and background to 
these rules are more fully set out in the preamble to EPA's first 
direct final SNUR published in the Federal Register issue of April 24, 
1990 (55 FR 17376) (FRL-3658-5). Consult that preamble for further 
information on the objectives, rationale, and procedures for SNURs and 
on the basis for significant new use designations, including provisions 
for developing test data.

B. What is the Agency's authority for taking this action?

    Section 5(a)(2) of TSCA (15 U.S.C. 2604(a)(2)) authorizes EPA to 
determine

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that a use of a chemical substance is a ``significant new use.'' EPA 
must make this determination by rule after considering all relevant 
factors, including the four bulleted TSCA section 5(a)(2) factors 
listed in Unit III. Once EPA determines that a use of a chemical 
substance is a significant new use, TSCA section 5(a)(1)(B) requires 
persons to submit a significant new use notice (SNUN) to EPA at least 
90 days before they manufacture or process the chemical substance for 
that use. Persons who must report are described in Sec.  721.5.

C. Applicability of General Provisions

    General provisions for SNURs appear in 40 CFR part 721, subpart A. 
These provisions describe persons subject to the rule, recordkeeping 
requirements, exemptions to reporting requirements, and applicability 
of the rule to uses occurring before the effective date of the rule. 
Provisions relating to user fees appear at 40 CFR part 700. According 
to Sec.  721.1(c), persons subject to these SNURs must comply with the 
same SNUN requirements and EPA regulatory procedures as submitters of 
PMNs under TSCA section 5(a)(1)(A). In particular, these requirements 
include the information submission requirements of TSCA section 5(b) 
and 5(d)(1), the exemptions authorized by TSCA section 5(h)(1), (h)(2), 
(h)(3), and (h)(5), and the regulations at 40 CFR part 720. Once EPA 
receives a SNUN, EPA may take regulatory action under TSCA section 
5(e), 5(f), 6, or 7 to control the activities for which it has received 
the SNUN. If EPA does not take action, EPA is required under TSCA 
section 5(g) to explain in the Federal Register its reasons for not 
taking action.

III. Significant New Use Determination

    Section 5(a)(2) of TSCA states that EPA's determination that a use 
of a chemical substance is a significant new use must be made after 
consideration of all relevant factors, including:
     The projected volume of manufacturing and processing of a 
chemical substance.
     The extent to which a use changes the type or form of 
exposure of human beings or the environment to a chemical substance.
     The extent to which a use increases the magnitude and 
duration of exposure of human beings or the environment to a chemical 
substance.
     The reasonably anticipated manner and methods of 
manufacturing, processing, distribution in commerce, and disposal of a 
chemical substance.
    In addition to these factors enumerated in TSCA section 5(a)(2), 
the statute authorized EPA to consider any other relevant factors.
    To determine what would constitute a significant new use for the 55 
chemical substances that are the subject of these SNURs, EPA considered 
relevant information about the toxicity of the chemical substances, 
likely human exposures and environmental releases associated with 
possible uses, and the four bulleted TSCA section 5(a)(2) factors 
listed in this unit.

IV. Substances Subject to This Rule

    EPA is establishing significant new use and recordkeeping 
requirements for 55 chemical substances in 40 CFR part 721, subpart E. 
In this unit, EPA provides the following information for each chemical 
substance:
     PMN number.
     Chemical name (generic name, if the specific name is 
claimed as CBI).
     Chemical Abstracts Service (CAS) Registry number (assigned 
for non-confidential chemical identities).
     Basis for the TSCA section 5(e) consent order or the basis 
for the TSCA non-section 5(e) SNURs (i.e., SNURs without TSCA section 
5(e) consent orders).
     Tests recommended by EPA to provide sufficient information 
to evaluate the chemical substance (see Unit VIII. for more 
information).
     CFR citation assigned in the regulatory text section of 
this rule.
    The regulatory text section of this rule specifies the activities 
designated as significant new uses. Certain new uses, including 
production volume limits (i.e., limits on manufacture volume) and other 
uses designated in this rule, may be claimed as CBI. Unit IX. discusses 
a procedure companies may use to ascertain whether a proposed use 
constitutes a significant new use.
    This rule includes 10 PMN substances (P-11-150, P-11-484, P-11-543, 
P-14-67, P-15-59, P-15-60, P-15-104, P-15-154, P-15-328, and P-15-502) 
that are subject to ``risk-based'' consent orders under TSCA section 
5(e)(1)(A)(ii)(I) where EPA determined that activities associated with 
the PMN substances may present unreasonable risk to human health or the 
environment. Those consent orders require protective measures to limit 
exposures or otherwise mitigate the potential unreasonable risk. The 
so-called ``TSCA section 5(e) SNURs'' on these PMN substances are 
promulgated pursuant to Sec.  721.160, and are based on and consistent 
with the provisions in the underlying consent orders. The TSCA section 
5(e) SNURs designate as a ``significant new use'' the absence of the 
protective measures required in the corresponding consent orders.
    Where EPA determined that the PMN substance may present an 
unreasonable risk of injury to human health via inhalation exposure, 
the underlying TSCA section 5(e) consent order usually requires, among 
other things, that potentially exposed employees wear specified 
respirators unless actual measurements of the workplace air show that 
air-borne concentrations of the PMN substance are below a New Chemical 
Exposure Limit (NCEL) that is established by EPA to provide adequate 
protection to human health. In addition to the actual NCEL 
concentration, the comprehensive NCELs provisions in TSCA section 5(e) 
consent orders, which are modeled after Occupational Safety and Health 
Administration (OSHA) Permissible Exposure Limits (PELs) provisions, 
include requirements addressing performance criteria for sampling and 
analytical methods, periodic monitoring, respiratory protection, and 
recordkeeping. However, no comparable NCEL provisions currently exist 
in 40 CFR part 721, subpart B, for SNURs. Therefore, for these cases, 
the individual SNURs in 40 CFR part 721, subpart E, will state that 
persons subject to the SNUR who wish to pursue NCELs as an alternative 
to the Sec.  721.63 respirator requirements may request to do so under 
Sec.  721.30. EPA expects that persons whose Sec.  721.30 requests to 
use the NCELs approach for SNURs are approved by EPA will be required 
to comply with NCELs provisions that are comparable to those contained 
in the corresponding TSCA section 5(e) consent order for the same 
chemical substance.
    This rule also includes SNURs on 45 PMN substances that are not 
subject to consent orders under TSCA section 5(e). In these cases, for 
a variety of reasons, EPA did not find that the use scenario described 
in the PMN triggered the determinations set forth under TSCA section 
5(e). However, EPA does believe that certain changes from the use 
scenario described in the PMN could result in increased exposures, 
thereby constituting a ``significant new use.'' These so-called ``TSCA 
non-section 5(e) SNURs'' are promulgated pursuant to Sec.  721.170. EPA 
has determined that every activity designated as a ``significant new 
use'' in all TSCA non-section 5(e) SNURs issued under Sec.  721.170 
satisfies the two requirements stipulated in Sec.  721.170(c)(2), i.e., 
these significant new use activities are different from those described 
in the premanufacture notice for the substance, including any 
amendments,

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deletions, and additions of activities to the premanufacture notice, 
and may be accompanied by changes in exposure or release levels that 
are significant in relation to the health or environmental concerns 
identified'' for the PMN substance.

PMN Number P-11-150

    Chemical name: Alkali transition metal oxide (generic).
    CAS number: Claimed confidential.
    Effective date of TSCA section 5(e) consent order: April 14, 2015.
    Basis for TSCA section 5(e) consent order: The PMN states that the 
generic (non-confidential) use of the substance will be as a battery 
material. Based on test data on the PMN substance and structural 
activity relationship (SAR) analysis of test data on analogous 
respirable, poorly soluble particulates, subcategory titanium dioxide, 
EPA identified concerns for lung, blood, kidney, and adrenal toxicity, 
neurotoxicity, developmental toxicity, developmental neurotoxicity, 
cardiovascular and gastrointestinal effects, and immunosuppression. The 
Order was issued under TSCA sections 5(e)(1)(A)(i) and 
5(e)(1)(A)(ii)(I) based on a finding that the substance may present an 
unreasonable risk of injury to human health. To protect against these 
risks, the consent order requires:
    1. Hazard communication. Establishment and use of a hazard 
communication program, including human health precautionary statements 
on each label and the Material Safety Data Sheet (MSDS).
    2. Use of personal protective equipment including a National 
Institute of Occupational Safety and Health (NIOSH)-certified 
respirator with an assigned protection factor (APF) of at least 10 or 
compliance with a New Chemicals Exposure Limit (NCEL) of 2.4 
milligrams/cubic meter (mg/m\3\) as an 8-hour time-weighted average, 
when there is potential inhalation exposure.
    3. Submission of certain toxicity testing on the PMN substance 
prior to exceeding the confidential production volume limit as 
specified in the consent order of the PMN substance.

The SNUR designates as a ``significant new use'' the absence of these 
protective measures.
    Recommended testing: EPA has determined that the results of a 90-
day inhalation toxicity test (OPPTS Test Guideline 870.3465) with 
special attention to histopathology (inflammation and cell 
proliferation) of the lung tissues and various parameters of the 
bronchoalveolar lavage fluid (BALF) e.g., maker enzyme activities, 
total protein content, total cell count, cell differential, and cell 
viability. It is not necessary to look at internal organs. EPA 
recommends that a recovery period of 60 days be included to assess the 
progression or regression of any lesions would help characterize 
possible health effects of the substance. The submitter has agreed to 
complete this testing by the confidential aggregate production volume 
identified in the consent order. In addition, EPA has determined that 
the results of a carcinogenicity test (OPPTS Test Guideline 870.4200) 
would help characterize the potential human health effects of the PMN 
substance. The Order does not require this test at any specified time 
or production volume. However, the Order's restrictions on manufacture, 
processing, distribution in commerce, use, and disposal of the PMN 
substances will remain in effect until the Order is modified or revoked 
by EPA based on submission of that or other relevant information.
    CFR citation: 40 CFR 721.10875.

PMN Numbers P-11-484 and P-11-543

    Chemical names: Perfluoroalkyl substituted alkyl sulfonate 
(generic) (P-11-484); and Polyfluorinated alkyl quaternary ammonium 
chloride (generic) (P-11-543).
    CAS numbers: Claimed confidential.
    Effective date of TSCA section 5(e) consent order: October 30, 
2014.
    Basis for TSCA section 5(e) consent order: The PMNs state that the 
generic (non-confidential) use of the substances will be as 
surfactants. Based on physical chemical properties data, as well as 
test data on analogous perfluorinated chemicals and potential 
perfluorinated degradation products including perfluorooctanoic acid 
(PFOA), perfluorooctanesulfonate (PFOS), perfluorohexane sulfonate 
(PFHS), and 1H,1H,2H,2H-perfluorooctanesulfonic acid (6-2 FTSA), EPA 
identified concerns for irritation to skin, eyes, lungs, mucous 
membranes, lung toxicity, liver toxicity, blood toxicity, male 
reproductive toxicity, immunosupression, and oncogenicity. EPA has 
concerns that these degradation products will persist in the 
environment, could bioaccumulate or biomagnify, and could be toxic 
(PBT) to people, wild mammals, and birds. Further, based on test data 
on P-11-484, EPA predicts toxicity to aquatic organisms may occur at 
concentrations that exceed 2,800 and 1 part per billion (ppb) 
respectively for PMN substances P-11-484 and P-11-543 respectively in 
surface waters. The Order was issued under TSCA sections 5(e)(1)(A)(i), 
5(e)(1)(A)(ii)(I), and 5(e)(1)(A)(ii)(II) based on a finding that these 
substances may present an unreasonable risk of injury to the 
environment and human health, the substances may be produced in 
substantial quantities and may reasonably be anticipated to enter the 
environment in substantial quantities, and there may be significant (or 
substantial) human exposure to the substances and their potential 
degradation products. To protect against these exposures and risks, the 
consent order requires:
    1. Risk notification. If as a result of the test data required, the 
company becomes aware that the PMN substances may present a risk of 
injury to human health or the environment, the company must incorporate 
this new information, and any information on methods for protecting 
against such risk into an MSDS, within 90 days.
    2. Submission of certain physical/chemical property, human health 
and environmental toxicity, and environmental fate testing prior to 
exceeding the confidential production volume limits specified in the 
consent order.
    3. Recording and reporting of certain fluorinated impurities in the 
starting raw material; and manufacture of the PMN substances not to 
exceed the maximum established impurity levels of certain fluorinated 
impurities.
    4. Use of the PMN substances only for the confidential uses 
specified in the consent order, where use in consumer products that 
could be spray applied are prohibited.
    5. Disposal of the PMN substance according to the incineration 
conditions specified in the consent order.
    6. Comply with the release to water provisions specified in the 
consent order.

The SNUR designates as a ``significant new use'' the absence of these 
protective measures.
    Recommended testing: EPA has determined that the results of certain 
environmental fate and human health and environmental toxicity testing 
would help characterize human health and environmental effects of the 
PMN substances. The submitter has agreed to conduct the testing 
identified in the consent agreement by the confidential triggers 
identified in the consent order. Further, EPA has determined that the 
results of an acute inhalation toxicity test (OPPTS Test Guideline 
870.1300) and a 90-day inhalation toxicity test (OPPTS Test Guideline 
870.3465) with a post-exposure observation period of up to 3 months and 
BALF analysis would help characterize the human health effects from 
spray application of the PMN substances. The Order does

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not require this testing at any specified time or production volume. 
However, the Order's restrictions on manufacture, processing, 
distribution in commerce, use, and disposal of the PMN substances will 
remain in effect until the Order is modified or revoked by EPA based on 
submission of that or other relevant information.
    CFR citations: 40 CFR 721.10876 (P-11-484) and 40 CFR 721.10877 (P-
11-543).

PMN Number P-14-67

    Chemical name: Polyfluorinatedalkylsulfonyl substituted alkane 
derivative (generic).
    CAS number: Claimed confidential.
    Effective date of TSCA section 5(e) consent order: November 4, 
2015.
    Basis for TSCA section 5(e) consent order: The PMN states that the 
generic (non-confidential) use of the substance will be as a polymer 
additive. EPA has concerns for potential incineration or other 
decomposition products of the PMN substance. These fluorinated 
decomposition products may be released to the environment from 
incomplete incineration of the PMN substance at low temperatures. EPA 
has preliminary evidence, including data on some fluorinated polymers 
which suggest that under some conditions, the PMN substance could 
degrade in the environment. EPA has concerns that these degradation 
products will persist in the environment, could bioaccumulate or 
biomagnify, and could be toxic (PBT) to people, wild mammals, and 
birds. These concerns are based on data on analogous chemical 
substances, including PFOA and other perfluorinated alkyls, including 
the presumed environmental degradant. EPA also has concerns that under 
some conditions of use, particularly non-industrial, commercial, or 
consumer use, the PMN substance could cause lung effects, based on 
limited data on some perfluorinated compounds. Concerns for the PMN 
substance are for lung toxicity from waterproofing of lung membrane, 
based on PMN properties. The order was issued under TSCA sections 
5(e)(1)(A)(i) and 5(e)(1)(A)(ii)(I), based on a finding that these 
substances and their potential degradation products may present an 
unreasonable risk of injury to the environment and human health.
    1. Risk notification. If as a result of the test data required, the 
company becomes aware that the PMN substance may present a risk of 
injury to human health or the environment, the company must incorporate 
this new information, and any information on methods for protecting 
against such risk into an MSDS, within 90 days.
    2. Submission of certain environmental fate testing on the PMN 
substance prior to exceeding the confidential production volume limit 
as specified in the consent order of the PMN substance.
    3. No use of the PMN substance in consumer spray products.

The SNUR designates as a ``significant new use'' the absence of these 
protective measures.
    Recommended testing: EPA has determined that the results of the 
modified aerobic activated sludge biodegradation test submitted by the 
company for EPA review would help characterize the possible degradation 
of the PMN substance. The submitter has agreed to submit the results of 
this test by the confidential production volume identified in the 
consent order. EPA had determined that the results of a 
phototransformation of chemicals on soil surfaces (Organisation for 
Economic Co-operation and Development (OECD) Draft Document January 
2002) would help characterize the degradation potential of the PMN 
substance. The Order does not require this testing at any specified 
time or production volume. However, the Order's restrictions on 
manufacture, processing, distribution in commerce, use, and disposal of 
the PMN substances will remain in effect until the Order is modified or 
revoked by EPA based on submission of that or other relevant 
information.
    CFR citation: 40 CFR 721.10878.

PMN Number P-14-125

    Chemical name: 1-Octadecanaminium, N-(3-chloro-2-hydroxypropyl)-
N,N-dimethyl-, chloride (1:1).
    CAS number: 3001-63-6.
    Basis for action: The PMN states that the generic (non-
confidential) use of the substance will be as a chemical intermediate 
for surfactant production. Based on test data on the PMN substance, as 
well as SAR analysis of test data on analogous cationic surfactants, 
EPA predicts toxicity to aquatic organisms may occur at concentrations 
that exceed 2 ppb of the PMN substance in surface waters. As described 
in the PMN, releases of the substance are not expected to result in 
surface water concentrations that exceed 2 ppb. Therefore, EPA has not 
determined that the proposed manufacturing, processing, or use of the 
substance may present an unreasonable risk. EPA has determined, 
however, that any use resulting in surface water concentrations 
exceeding 2 ppb may result in significant adverse environmental 
effects. Based on this information, the PMN substance meets the concern 
criteria at Sec.  721.170(b)(4)(i) and (b)(4)(ii).
    Recommended testing: EPA has determined that the results of a fish 
early-life stage toxicity test (OPPTS Test Guideline 850.1400) and a 
daphnid chronic toxicity test (OPPTS Test Guideline 850.1300) would 
help characterize the environmental effects of the PMN substance.
    CFR citation: 40 CFR 721.10879.

PMN Numbers P-14-153, P-14-154, P-15-79, and P-15-80

    Chemical names: Fatty acid rxn products with aminoalkylamines 
(generic).
    CAS numbers: Claimed confidential.
    Basis for action: The PMN states that these substances will be used 
as chemical intermediates, additives for flotation products, and as 
adhesion promoters for use in asphalt applications. Based on SAR 
analysis of test data on analogous aliphatic amines, EPA predicts 
toxicity to aquatic organisms may occur at concentrations that exceed 1 
ppb of the PMN substances in surface waters. For the uses described in 
the PMN, releases of the substances are not expected to result in 
surface water concentrations exceeding 1 ppb. Therefore, EPA has not 
determined that the proposed manufacturing, processing, or use of the 
substances may present an unreasonable risk. EPA has determined, 
however, that any use of the substances, excluding the uses described 
in the PMNs, result in in releases to surface water concentrations 
exceeding 1 ppb may result in significant adverse environmental 
effects. Based on this information, the PMN substances meet the concern 
criteria at Sec.  721.170(b)(4)(ii).
    Recommended testing: EPA has determined that the results of a fish 
early-life stage toxicity test (OPPTS Test Guideline 850.1400); a 
daphnid chronic toxicity test (OPPTS Test Guideline 850.1300); an algal 
toxicity test (Office of Chemical Safety and Pollution Prevention 
(OCSPP) Test Guideline 850.4500); log Kow and water solubility 
measurements; as well as either the fish acute toxicity mitigated by 
humic acid test (OPPTS Test Guideline 850.1085) or the whole sediment 
acute toxicity invertebrates, freshwater test (OPPTS Test Guideline 
850.1735) would help characterize the environmental effects of the PMN 
substances. EPA also recommends that the guidance document on aquatic 
toxicity testing of difficult substance and mixtures (OECD Test 
Guideline 23) be consulted to

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facilitate solubility in the test media. Testing should be tiered, 
starting with water solubility and log Kow measurements before 
proceeding with higher tier toxicity tests.
    CFR citation: 40 CFR 721.10880.

PMN Numbers P-14-155 and P-14-156

    Chemical names: Fatty acid amides (generic).
    CAS numbers: Claimed confidential.
    Basis for action: The PMNs state that the substances will be used 
as chemical intermediates, additives for flotation products, and 
adhesion promoters for use in asphalt applications. Based on SAR 
analysis of test data on analogous amides and aliphatic amines, EPA 
predicts toxicity to aquatic organisms may occur at concentrations that 
exceed 2 and 3 ppb respectively of the PMN substances P-14-155 and P-
14-156 in surface waters. For the uses described in the PMNs, releases 
of the substances are not expected to result in surface water 
concentrations that exceed 2 ppb and 3 ppb of the PMN substances 
respectively. Therefore, EPA has not determined that the proposed 
manufacturing, processing, or use of the substances may present an 
unreasonable risk. EPA has determined, however, that any use of the 
substances, excluding uses described in the PMNs, resulting in surface 
water concentrations exceeding 2 ppb (P-14-155) or 3 ppb (P-14-156) of 
the PMN substances may result in significant adverse environmental 
effects. Based on this information, the PMN substances meet the concern 
criteria at Sec.  721.170(b)(3)(ii).
    Recommended testing: EPA has determined that the results of a fish 
early-life stage toxicity test (OPPTS Test Guideline 850.1400); a 
daphnid chronic toxicity test (OPPTS Test Guideline 850.1300); an algal 
toxicity test (OCSPP Test Guideline 850.4500); log Kow and water 
solubility measurements; as well as either the fish acute toxicity 
mitigated by humic acid test (OPPTS Test Guideline 850.1085) or the 
whole sediment acute toxicity invertebrates, freshwater test (OPPTS 
Test Guideline 850.1735) would help characterize the environmental 
effects of the PMN substances. EPA also recommends that the guidance 
document on aquatic toxicity testing of difficult substance and 
mixtures (OECD Test Guideline 23) be consulted to facilitate solubility 
in the test media, because of the PMN's low water solubility. Testing 
should be tiered, starting with water solubility and log Kow 
measurements before proceeding with higher tier toxicity tests.
    CFR citation: 40 CFR 721.10881.

PMN Number P-14-198

    Chemical name: Trialkylammonium borodibenzoate (generic).
    CAS number: Claimed confidential.
    Basis for action: The PMN states that the generic (non-
confidential) use of the substance will be as a color developer for 
general printing applications. Based on test data on the PMN substance 
and SAR analysis of test data on analogous aliphatic amines, EPA 
predicts toxicity to aquatic organisms may occur at concentrations that 
exceed 47 ppb of the PMN substance in surface waters for greater than 
20 days per year. This 20-day criterion is derived from partial life 
cycle tests (daphnid chronic and fish early life stage tests) that 
typically range from 21 to 28 days in duration. EPA predicts toxicity 
to aquatic organisms may occur if releases of the substance to surface 
water, from domestic manufacture or from uses other than as described 
in the PMN, exceed releases from the use described in the PMN. For the 
use described in the PMN, environmental releases did not exceed 47 ppb 
for more than 20 days per year. Therefore, EPA has not determined that 
the proposed manufacturing (defined by statute to include import), 
processing or use of the substance may present an unreasonable risk. 
EPA has determined, however, that any domestic manufacture or use of 
the substance other than as listed in the PMN may result in significant 
adverse environmental effects. Based on this information, the PMN 
substance meets the concern criteria at Sec.  721.170(b)(4)(i) and 
(b)(4)(ii).
    Recommended testing: EPA has determined that the results of a fish 
early-life stage toxicity test (OPPTS Test Guideline 850.1400) and a 
daphnid chronic toxicity test (OPPTS Test Guideline 850.1300) would 
help characterize the environmental effects of the PMN substance.
    CFR citation: 40 CFR 721.10882.

PMN Number P-14-324

    Chemical name: Fatty ester derivatives, reaction products with 
alkanolamine, hydroxylated, borated (generic).
    CAS number: Claimed confidential.
    Basis for action: The PMN states that the substance will be used as 
a lubricating oil additive. Based on SAR analysis of test data on 
analogous boron compounds, EPA predicts toxicity to aquatic organisms 
may occur at concentrations that exceed 2 ppb of the PMN substance in 
surface waters for greater than 20 days per year. This 20-day criterion 
is derived from partial life cycle tests (daphnid chronic and fish 
early life stage tests) that typically range from 21 to 28 days in 
duration. EPA predicts toxicity to aquatic organisms may occur if 
releases of the substance to surface water, from uses other than as 
described in the PMN, exceed releases from the use described in the 
PMN. For the use described in the PMN, environmental releases did not 
exceed 2 ppb for more than 20 days per year. Therefore, EPA has not 
determined that the proposed manufacturing (defined by statute to 
include import), processing, or use of the substance may present an 
unreasonable risk. EPA has determined, however, that any use of the 
substance other than as a lubricating oil additive may result in 
significant adverse environmental effects. Based on this information, 
the PMN substance meets the concern criteria at Sec.  
721.170(b)(4)(ii).
    Recommended testing: EPA has determined that the results of a 
chronic fish early-life stage toxicity test (OPPTS Test Guideline 
850.1400) would help characterize the environmental effects of the PMN 
substance.
    CFR citation: 40 CFR 721.10883.

PMN Number P-14-397

    Chemical name: Benzenepropanol, 1-benzoate.
    CAS number: 60045-26-3.
    Basis for action: The PMN states that the substance will be used as 
a plasticizer in adhesives for food-product packaging, a diluents-type 
plasticizer in plastisols, a coalescent in architectural paints and 
coatings, and a fragrance carrier in fragrances. Based on SAR analysis 
of test data on analogous esters, EPA predicts toxicity to aquatic 
organisms may occur at concentrations that exceed 5 ppb of the PMN 
substance in surface waters for greater than 20 days per year. This 20-
day criterion is derived from partial life cycle tests (daphnid chronic 
and fish early life stage tests) that typically range from 21 to 28 
days in duration. EPA predicts toxicity to aquatic organisms may occur 
if releases of the substance to surface water, from uses other than as 
described in the PMN, exceed releases from the uses described in the 
PMN. For the uses described in the PMN, environmental releases did not 
exceed 5 ppb for more than 20 days per year. Therefore, EPA has not 
determined that the proposed manufacturing, processing, or use of the 
substance may present an unreasonable risk. EPA has determined, 
however, that any use of the substance other than as listed in the PMN 
may result in significant adverse environmental effects. Based on this 
information, the PMN substance meets the concern criteria at Sec.  
721.170(b)(4)(ii).

[[Page 30457]]

    Recommended testing: EPA has determined that the results of a fish 
early-life stage toxicity test (OPPTS Test Guideline 850.1400); a 
daphnid chronic toxicity test (OPPTS Test Guideline 850.1300); and an 
algal toxicity test (OCSPP Test Guideline 850.4500) would help 
characterize the environmental effects of the PMN substance.
    CFR citation: 40 CFR 721.10884.

PMN Number P-14-448

    Chemical name: Alcohols, C12-22, distn. residues.
    CAS number: 1476777-83-9.
    Basis for action: The PMN states that the use of the substance will 
be used in formulation of defoamers used in the production of paper. 
Based on structure-activity relationship SAR analysis of test data on 
analogous neutral organics, EPA predicts toxicity to aquatic organisms 
may occur at concentrations that exceed 7 ppb of the PMN substance in 
surface waters for greater than 20 days per year. This 20-day criterion 
is derived from partial life cycle tests (daphnid chronic and fish 
early life stage tests) that typically range from 21 to 28 days in 
duration. EPA predicts toxicity to aquatic organisms may occur if 
releases of the substance to surface waters exceed releases from the 
use described in the PMN. As described in the PMN, releases of the 
substance are not expected to result in surface water concentrations 
that exceed 7 ppb for more than 20 days per year. Therefore, EPA has 
not determined that the proposed manufacturing, processing, or use of 
the substance may present an unreasonable risk. EPA has determined, 
however, any use where the cumulative molecular weights of the 
C12 and C14 components exceed 2 percent by weight 
of the overall molecular weight of the PMN substance may result in 
significant adverse environmental effects. Based on this information, 
the PMN substance meets the concern criteria at Sec.  
721.170(b)(4)(ii).
    Recommended testing: EPA has determined that the results of a fish 
acute toxicity test, freshwater and marine (OPPTS Test Guideline 
850.1075); an acute invertebrate toxicity test, freshwater daphnids 
(OPPTS Test Guideline 850.1010); and an algal toxicity test (OCSPP Test 
Guideline 850.4500) would help characterize the environmental effects 
of the PMN substance. Before conducting these aquatic toxicity testing, 
EPA recommends chemical characterization of the alkyl range for the 
alcohol moiety and a water solubility test (OECD Test Guideline 105) 
should be conducted.
    CFR citation: 40 CFR 721.10885.

PMN Number P-14-501 and P-14-502

    Chemical names: Phosphoric acid, mixed Bu and decyl and octyl and 
2-(2-phenoxyethoxy)ethyl and 2-phenoxyethyl esters (P-14-501), and 
Phosphoric acid, mixed Bu and decyl and octyl and 2-(2-
phenoxyethoxy)ethyl and 2-phenoxyethyl esters, potassium salts (P-14-
502).
    CAS numbers: 1502809-48-4 (P-14-501) and 1502809-56-4 (P-14-502).
    Basis for action: The PMN states that substances will be used as 
gellants for use in oil fracturing. Based on structure-activity 
relationship (SAR) analysis of test data on analogous neutral organics, 
EPA predicts toxicity to aquatic organisms may occur at concentrations 
that exceed 4 ppb of the PMN substances in surface waters. As described 
in the PMNs, releases of the substances are not expected to result in 
surface water concentrations that exceed 4 ppb. Therefore, EPA has not 
determined that the proposed manufacturing, processing, or use of the 
substances may present an unreasonable risk. EPA has determined, 
however, that any use of substances resulting in releases to surface 
water concentrations exceeding 4 ppb may result in significant adverse 
environmental effects. Based on this information, the PMN substances 
meet the concern criteria at Sec.  721.170(b)(4)(ii).
    Recommended testing: EPA has determined that the results of a fish 
acute toxicity test, freshwater and marine (OPPTS Test Guideline 
850.1075); an aquatic invertebrate acute toxicity test, freshwater 
daphnids (OPPTS Test Guideline 850.1010); and an algal toxicity test 
(OCSPP Test Guideline 850.4500) would help characterize the 
environmental effects of the PMN substances.
    CFR citations: 40 CFR 721.10886 (P-14-501) and 40 CFR 721.10887 (P-
14-502).

PMN Numbers P-15-59, P-15-60, and P-15-104

    Chemical names: Siloxanes and Silicones, 3-[(2-
aminoethyl)amino)propyl Me, di-Me, reaction products with cadmium zinc 
selenide sulfide, lauric acid and oleylamine (P-15-59); Dodecanoic 
acid, reaction products with cadmium zinc selenide sulfide and 
oleylamine (P-15-60); and Phosphonic acid, P-tetradecyl-, reaction 
products with cadmium selenide (CdSe) (P-15-104).
    CAS numbers: 1623456-05-2 (P-15-59); 1773514-92-3 (P-15-60); and 
1773514-66-1 (P-15-104).
    Effective date of TSCA section 5(e) consent order: May 5, 2015.
    Basis for TSCA section 5(e) consent order: The PMNs state that the 
substances will be used as a down converter for an optical filter for 
light emitting diodes used in displays (P-15-59) and as chemical 
intermediates (P-15-60 and P-15-104). Based on SAR analysis of test 
data on analogous respirable, poorly soluble particulates and the 
presence of cadmium, EPA identified concerns for lung effects, kidney 
effects, and oncogenicity. In addition, EPA predicts chronic toxicity 
to aquatic organisms from exposure to cadmium. The Order was issued 
under TSCA sections 5(e)(1)(A)(i) and 5(e)(1)(A)(ii)(I), based on a 
finding that the substances may present an unreasonable risk of injury 
to human health and the environment. To protect against these risks, 
the consent order requires:
    1. Use of impervious gloves to prevent dermal exposures, where 
there is a potential for dermal exposures.
    2. Submission of certain material characterization data on P-15-59 
by the time triggers specified in the consent order.
    3. Manufacture, process, or use the PMN substances only in a liquid 
formulation.
    4. Manufacture, process, and use P-15-59 only as a down converter 
for an optical filter for light emitting diodes used in displays.
    5. Manufacture, process, and use of P-15-60 and P-15-104 only as 
chemical intermediates.
    6. Disposal of the PMN substances only by incineration in a 
permitted hazardous waste incinerator.

The SNUR designates as a ``significant new use'' the absence of these 
protective measures.
    Recommended testing: EPA has determined that the development of 
data on certain material characterization data specified in the consent 
order on PMN substance P-15-59 would help characterize the possible 
effects of the PMN substance. The submitter has agreed to submit the 
results of these studies prior to 3 and 18 month time triggers 
identified in the consent order. In addition, EPA determined that the 
results of a metabolism and pharmacokinetics test (OPPTS Test Guideline 
870.7485) would help characterize the human health and environmental 
effect of the PMN substance. The Order does not require this testing at 
any specified time or production volume. However, the Order's 
restrictions on manufacture, processing, distribution in commerce, use, 
and disposal of the PMN substances will remain in effect until the 
Order is

[[Page 30458]]

modified or revoked by EPA based on submission of that or other 
relevant information.
    CFR citations: 40 CFR 721.10888 (P-15-59), 40 CFR 721.10889 (P-15-
60), and 40 CFR 721.10890 (P-15-104).

PMN Number P-15-81

    Chemical name: Alkyl silicate, polymer with 2-(chloromethyl)oxirane 
and 4,4'0-(1-methylethylidene)bis[phenol], alkoxylated (generic).
    CAS number: Claimed confidential.
    Basis for action: The PMN states that the generic (non-
confidential) use of the substance will be as an ingredient in liquid 
paint coating. Based on SAR analysis of test data on analogous 
epoxides, there were health concerns regarding skin and lung 
sensitization, mutagenicity, oncogenicity, developmental toxicity, male 
reproductive, liver, and kidney toxicity based on the epoxide oxidation 
product as well as irritation and lung toxicity expected from the 
ethoxy silane hydrolysis product from exposure to the PMN substance via 
dermal exposure. Further, based on SAR analysis of test data on 
analogous epoxides, EPA predicts toxicity to aquatic organisms may 
occur at concentrations that exceed 1 ppb of the PMN substance in 
surface waters. As described in the PMN, occupational exposures are 
expected to be minimal due to use of adequate dermal personal 
protection equipment and releases of the substance are not expected to 
result in surface water concentrations that exceed 1 ppb. Therefore, 
EPA has not determined that the proposed manufacturing, processing, or 
use of the substance may present an unreasonable risk. EPA has 
determined, however, that any use without the use of impervious gloves, 
where there is a potential for dermal exposure, or any use of the 
substance resulting in surface water concentrations exceeding 1 ppb may 
result in serious human health or significant adverse environmental 
effects. Based on this information, the PMN substance meets the concern 
criteria at Sec.  721.170(b)(1)(i)(C), (b)(3)(ii) and (b)(4)(ii).
    Recommended testing: EPA has determined that the results of a 
combined repeated dose toxicity study with the reproduction/
developmental toxicity screening test (OECD Test Guideline 422); a 
Zahn-Wellens/EMPA test (OPPTS Test Guideline 835.3200); a fish early-
life stage toxicity test (OPPTS Test Guideline 850.1400); a daphnid 
chronic toxicity test (OPPTS Test Guideline 850.1300); and an algal 
toxicity test (OCSPP Test Guideline 850.4500) would help characterize 
the human health and environmental effects of the PMN substance.
    CFR citation: 40 CFR 721.10891.

PMN Number P-15-109

    Chemical name: Reaction product of a mixture of aromatic 
dianhydrides and aliphatic esters with an aromatic diamine (generic).
    CAS number: Claimed confidential.
    Basis for action: The PMN states that the generic (non-
confidential) use of the substance is as an intermediate. Based on SAR 
analysis of test data on analogous anilines, EPA predicts toxicity to 
aquatic organisms may occur at concentrations that exceed 11 ppb of the 
PMN substance in surface waters. As described in the PMN, releases of 
the substance are not expected to result in surface water 
concentrations that exceed 11 ppb. Therefore, EPA has not determined 
that the proposed manufacturing, processing, or use of the substance 
may present an unreasonable risk. EPA has determined, however, that any 
use of the substance resulting in surface water concentrations 
exceeding 11 ppb may result in significant adverse environmental 
effects. Based on this information, the PMN substance meets the concern 
criteria at Sec.  721.170(b)(4)(ii).
    Recommended testing: EPA has determined that the results of a fish 
early-life stage toxicity test (OPPTS Test Guideline 850.1400); a 
daphnid chronic toxicity test (OPPTS Test Guideline 850.1300); an algal 
toxicity test (OCSPP Test Guideline 850.4500); and a ready 
biodegradability test (OECD Test Guideline 301) would help characterize 
the environmental effects of the PMN substance. EPA recommends that the 
fate testing be performed first as the results may mitigate the need 
for further toxicity testing or change the testing recommendations.
    CFR citation: 40 CFR 721.10892.

PMN Number P-15-111

    Chemical name: Fatty acids, tall-oil, reaction products with an 
ether and triethylenetetramine (generic).
    CAS number: Claimed confidential.
    Basis for action: The PMN states that the generic (non-
confidential) use of the substance will be as a hardener for coating 
systems. Based on SAR analysis of test data on analogous aliphatic 
amines, EPA predicts toxicity to aquatic organisms may occur at 
concentrations that exceed 1 ppb of the PMN substance in surface waters 
for greater than 20 days per year. This 20-day criterion is derived 
from partial life cycle tests (daphnid chronic and fish early life 
stage tests) that typically range from 21 to 28 days in duration. EPA 
predicts toxicity to aquatic organisms may occur if releases of the 
substance to surface water, from uses other than as described in the 
PMN, exceed releases from the use described in the PMN. For the use 
described in the PMN, environmental releases did not exceed 1 ppb for 
more than 20 days per year. Therefore, EPA has not determined that the 
proposed manufacturing (defined by statute to include import), 
processing, or use of the substance may present an unreasonable risk. 
EPA has determined, however, that any domestic manufacture of the 
substance, or any use of the PMN substance other than as described in 
the PMN may result in significant adverse environmental effects. Based 
on this information, the PMN substance meets the concern criteria at 
Sec.  721.170(b)(4)(ii).
    Recommended testing: EPA has determined that the results of a fish 
early-life stage toxicity test (OPPTS Test Guideline 850.1400); a 
daphnid chronic toxicity test (OPPTS Test Guideline 850.1300); an algal 
toxicity test (OCSPP Test Guideline 850.4500); and a ready 
biodegradability test (OECD Test Guideline 301) would help characterize 
the environmental effects of the PMN substance. EPA recommends that the 
fate testing be performed first as the results may mitigate the need 
for further toxicity testing or change the testing recommendations.
    CFR citation: 40 CFR 721.10893.

PMN Number P-15-120

    Chemical name: Substituted benzyl acrylate (generic).
    CAS number: Claimed confidential.
    Basis for action: The PMN states that the generic (non-
confidential) use of the substance will be as a resin for industrial 
coating. Based on SAR analysis of test data on analogous acrylates, EPA 
predicts toxicity to aquatic organisms may occur at concentrations that 
exceed 1 ppb of the PMN substance in surface waters. As described in 
the PMN, releases of the substance are not expected to result in 
surface water concentrations that exceed 1 ppb. Therefore, EPA has not 
determined that the proposed manufacturing, processing, or use of the 
substance may present an unreasonable risk. EPA has determined, 
however, that any use of the substance resulting in surface water 
concentrations exceeding 1 ppb may result in significant adverse 
environmental effects. Based on this information, the PMN substance 
meets the concern criteria at Sec.  721.170(b)(4)(ii).
    Recommended testing: EPA has determined that the results of a fish

[[Page 30459]]

early-life stage toxicity test (OPPTS Test Guideline 850.1400); a 
daphnid chronic toxicity test (OPPTS Test Guideline 850.1300); an algal 
toxicity test (OCSPP Test Guideline 850.4500); and a ready 
biodegradability test (OECD Test Guideline 301) would help characterize 
the environmental effects of the PMN substance. EPA recommends that the 
fate testing be performed first as the results may mitigate the need 
for further toxicity testing or change the testing recommendations.
    CFR citation: 40 CFR 721.10894.

PMN Number P-15-154

    Chemical name: Fluoroalkyl acrylate copolymer (generic).
    CAS number: Claimed confidential.
    Effective date of TSCA section 5(e) consent order: May 14, 2015.
    Basis for TSCA section 5(e) consent order: The PMN states that the 
generic (non-confidential) use of the substance will be as a textile 
treatment. The Order was issued under TSCA sections 5(e)(1)(A)(i), 
5(e)(1)(A)(ii)(I), and 5(e)(1)(A)(ii)(II) based on a finding that the 
substance may present an unreasonable risk of injury to human health 
and the environment. To protect against these risks, the consent order 
requires:
    1. Risk notification. If as a result of the test data required, the 
company becomes aware that the PMN substances may present a risk of 
injury to human health or the environment, the company must incorporate 
this new information, and any information on methods for protecting 
against such risk into an MSDS, within 90 days.
    2. Manufacture of the PMN substance: (a) According to the chemical 
composition section of the consent order, including analyzing and 
reporting certain starting raw material impurities to EPA; and (b) 
within the maximum established limits of certain fluorinated impurities 
of the PMN substance as stated in the consent order.
    3. Submission of certain toxicity, physical-chemical property, and 
environmental fate testing on the PMN substance prior to exceeding the 
confidential production volume limits as specified in the consent 
order.

The SNUR designates as a ``significant new use'' the absence of these 
protective measures.
    Recommended testing: EPA has determined that the results of certain 
toxicity and environmental fate testing would help characterize the PMN 
substance. The submitter has agreed to complete the testing identified 
in the testing section of the consent order by the confidential limits 
specified. In addition, EPA has determined that the results of a 90-day 
inhalation toxicity test in rats (OPPTS Test Guideline 870.3465/OECD 
Test Guideline 413) with a 60-day holding period, and certain physical 
chemical property and environmental fate testing identified in the 
consent order would help characterize the human health and fate effects 
of the PMN substance. The Order does not require this testing at any 
specified time or production volume. However, the Order's restrictions 
on manufacture, processing, distribution in commerce, use, and disposal 
of the PMN substances will remain in effect until the Order is modified 
or revoked by EPA based on submission of that or other relevant 
information.
    CFR citation: 40 CFR 721.10895.

PMN Number P-15-176

    Chemical name: 1-Hexanol, 6-mercapto-.
    CAS number: 1633-78-9.
    Basis for action: The PMN states that the substance will be used as 
a chemical intermediate to curable monomers. Based on SAR analysis of 
test data on analogous thiols, EPA predicts toxicity to aquatic 
organisms may occur at concentrations that exceed 8 ppb of the PMN 
substance in surface waters. As described in the PMN, releases of the 
substance are not expected to result in surface water concentrations 
that exceed 8 ppb. Therefore, EPA has not determined that the proposed 
manufacturing, processing, or use of the substance may present an 
unreasonable risk. EPA has determined, however, that any use of the 
substance that results in surface water concentrations exceeding 8 ppb 
may result in significant adverse environmental effects. Based on this 
information, the PMN substance meets the concern criteria at Sec.  
721.170(b)(4)(ii).
    Recommended testing: EPA has determined that the results of a fish 
acute toxicity test, freshwater and marine (OPPTS Test Guideline 
850.1075); an aquatic invertebrate acute toxicity test, freshwater 
daphnids (OPPTS Test Guideline 850.1010); an algal toxicity test (OCSPP 
Test Guideline 850.4500); and a ready biodegradability test (OECD Test 
Guideline 301B) would help characterize the environmental effects of 
the PMN substance. EPA recommends that the fate testing be performed 
first as the results may mitigate the need for further toxicity testing 
or change the testing recommendations.
    CFR citation: 40 CFR 721.10896.

PMN Number P-15-177

    Chemical name: Phenol, 2,2'-[1,2-disubstituted-1,2-
ethanediyl]bis(iminomethylene)bis[substituted- (generic).
    CAS number: Claimed confidential.
    Basis for action: The PMN states that the generic (non-
confidential) use of the substance will be as a catalyst in the process 
to manufacture a crop protection chemical. Based on test data on the 
PMN substance, EPA identified concerns for blood toxicity to workers 
from dermal exposures to the PMN substance. As described in the PMN, 
occupational exposures are expected to be minimal due to use of 
adequate dermal personal protection equipment. Therefore, EPA has not 
determined that the proposed manufacturing, processing, or use of the 
substance may present an unreasonable risk. EPA has determined, 
however, that any use of the substance without the use of chemical 
impervious gloves, where there is a potential for dermal exposure, or 
any use of the substance other than as described in the PMN may cause 
serious health effects. Based on this information, the PMN substance 
meets the concern criteria at Sec.  721.170(b)(3)(i).
    Recommended testing: EPA has determined that the results of a skin 
absorption, In vitro method (OECD Test Guideline 428) would help 
characterize the human health effects of the PMN substance.
    CFR citation: 40 CFR 721.10897.

PMN Number P-15-188

    Chemical name: Carbomonocycles, polymer with substituted 
heteromonocycle, succinate, methyl acrylate (generic).
    CAS number: Claimed confidential.
    Basis for action: The PMN states that the substance will be used as 
a pigment-wetting resin for Ultra Violet (UV)-curable coatings. Based 
on SAR analysis of test data on analogous methacrylates, EPA predicts 
toxicity to aquatic organisms may occur at concentrations that exceed 7 
ppb of the PMN substance in surface waters for greater than 20 days per 
year. This 20-day criterion is derived from partial life cycle tests 
(daphnid chronic and fish early life stage tests) that typically range 
from 21 to 28 days in duration. EPA predicts toxicity to aquatic 
organisms may occur if releases of the substance to surface water, from 
uses other than as described in the PMN, exceed releases from the use 
described in the PMN. For the use described in the PMN, environmental 
releases did not exceed 7 ppb for more than 20 days per year. 
Therefore, EPA has not determined that the proposed manufacturing, 
processing, or use of the substance may present an unreasonable risk. 
EPA has determined, however, that any use of the substance other than 
as

[[Page 30460]]

listed in the PMN may result in significant adverse environmental 
effects. Based on this information, the PMN substance meets the concern 
criteria at Sec.  721.170(b)(4)(ii).
    Recommended testing: EPA has determined that the results of a water 
solubility test (OECD Test Guideline 105); a fish acute toxicity test, 
freshwater and marine (OPPTS Test Guideline 850.1075); an acute 
invertebrate toxicity test, freshwater daphnids (OPPTS Test Guideline 
850.1010); and an algal toxicity test (OCSPP Test Guideline 850.4500) 
would help characterize the environmental effects of the PMN substance. 
The water solubility testing should be conducted prior to conducting 
the ecotoxicity testing as the results of the water solubility may 
change the recommended ecotoxicity testing.
    CFR citation: 40 CFR 721.10898.

PMN Number P-15-190

    Chemical name: Halogenated alkyl trimethylaminium halide (generic).
    CAS number: Claimed confidential.
    Basis for action: The PMN states that the generic (non-
confidential) use of the substance will be for cationization of starch. 
Based on test data on analogous alkylating agents, there were health 
concerns regarding mutagenicity, oncogenicity, developmental toxicity 
and respiratory sensitization based from exposure to the PMN substance 
via inhalation exposure. In addition, based on SAR analysis of test 
data on analogous cationic surfactants, EPA predicts toxicity to 
aquatic organisms may occur at concentrations that exceed 88 ppb of the 
PMN substance in surface waters. As described in the PMN, exposure is 
expected to be minimal due to use of adequate respiratory personal 
protection equipment and releases of the substance are not expected to 
result in surface water concentrations that exceed 88 ppb. Therefore, 
EPA has not determined that the proposed manufacturing, processing, or 
use of the substance may present an unreasonable risk. EPA has 
determined, however, that any use without the use of NIOSH-certified 
respirator with an APF of at least 10, where there is a potential for 
respiratory exposure, or any use of the substance resulting in surface 
water concentrations exceeding 88 ppb may result in serious human 
health or significant adverse environmental effects. Based on this 
information, the PMN substance meets the concern criteria at Sec.  
721.170(b)(1)(i)(C), (b)(3)(ii) and (b)(4)(ii).
    Recommended testing: EPA has determined that the results of a 
bacterial reverse mutation test, (OPPTS Test Guideline 870.5100); a 
mammalian erythrocyte micronucleus test (OPPTS Test Guideline 
870.5395); an acute oral toxicity test (OPPTS Test Guideline 870.1100); 
a repeated dose 28-day oral toxicity study in rodents (OPPTS Test 
Guideline 870.3050); a fish acute toxicity test, freshwater and marine 
(OPPTS Test Guideline 850.1075); a fish acute toxicity mitigated by 
humic acid test (OPPTS Test Guideline 850.1085); an aquatic 
invertebrate acute toxicity test, freshwater daphnids (OPPTS Test 
Guideline 850.1010); and an algal toxicity test (OCSPP Test Guideline 
850.4500) would help characterize the human health and environmental 
effects of the PMN substance.
    CFR citation: 40 CFR 721.10899.

PMN Number P-15-252

    Chemical name: Titanium salt, reaction products with silica 
(generic).
    CAS number: Claimed confidential.
    Basis for action: The PMN states that the generic (non-
confidential) use of the substance will be as a chemical intermediate. 
Based on SAR analysis of test data on analogous insoluble metal oxides, 
EPA identified concerns for lung toxicity if inhaled based on lung 
overload for respirable, poorly soluble particulates. For the use 
described in the PMN, inhalation exposures are expected to be minimal 
as the PMN is handled in an enclosed process. Therefore, EPA has not 
determined that the proposed manufacturing, processing, or use of the 
substance may present an unreasonable risk. EPA has determined, 
however, that any use in a non-enclosed process, or any use of the 
substance other than listed in the PMN may result in significant 
adverse human health effects. Based on this information, the PMN 
substance meets the concern criteria at Sec.  721.170(b)(3)(ii).
    Recommended testing: EPA has determined that the results of a 90-
day inhalation toxicity test (OPPTS Test Guideline 870.3465) with 60-
day holding period and a particle size distribution/fiber length and 
diameter distributions (OECD Test Guideline 110) would help 
characterize the human health effects of the PMN substance.
    CFR citation: 40 CFR 721.10900.

PMN Number P-15-272

    Chemical name: Formaldehyde, reaction products with aniline and 
aromatic mono- and di-phenol mixture (generic).
    CAS number: Claimed confidential.
    Basis for action: The PMN states that the generic (non-
confidential) use of the substance will be as a resin. Based on SAR 
analysis of test data on analogous phenols, EPA predicts toxicity to 
aquatic organisms may occur at concentrations that exceed 1 ppb of the 
PMN substance in surface waters. As described in the PMN, releases of 
the substance are not expected to result in surface water 
concentrations that exceed 1 ppb. Therefore, EPA has not determined 
that the proposed manufacturing, processing, or use of the substance 
may present an unreasonable risk. EPA has determined, however, that any 
use of the substance resulting in surface water concentrations 
exceeding 1 ppb may result in significant adverse environmental 
effects. Based on this information, the PMN substance meets the concern 
criteria at Sec.  721.170(b)(4)(ii).
    Recommended testing: EPA has determined that the results of a fish 
acute toxicity test, freshwater and marine (OPPTS Test Guideline 
850.1075); an acute invertebrate toxicity test, freshwater daphnids 
(OPPTS Test Guideline 850.1010); an algal toxicity test (OCSPP Test 
Guideline 850.4500); and a ready biodegradability (OECD Test Guideline 
301) would help characterize the environmental effects of the PMN 
substance. EPA recommends that the fate testing be performed first as 
the results may mitigate the need for further toxicity testing or 
change the testing recommendations.
    CFR citation: 40 CFR 721.10901.

PMN Number P-15-276

    Chemical name: Functionalized carbon nanotubes (generic).
    CAS number: Claimed confidential.
    Basis for action: The PMN states that the substance will be used as 
a thin film for electronic device applications. Based on SAR analysis 
of test data on analogous carbon nanotubes and other respirable poorly 
soluble particulates, EPA identified potential lung effects and skin 
penetration and toxicity induction from inhalation and dermal exposure 
to the PMN substance. Further, EPA predicts toxicity to aquatic 
organisms via releases of the PMN substance to surface water. Although 
there is potential for dermal exposure, EPA does not expect significant 
occupational exposures due to the use of impervious gloves, and because 
the PMN is used in a liquid and is not spray applied except in a closed 
system. Further, EPA does not expect environmental releases during the 
use identified in the PMN submission. Therefore, EPA has not determined 
that the proposed manufacturing, processing, and or use of the 
substance may present an unreasonable risk to human health or the 
environment. EPA has determined, however, that any use

[[Page 30461]]

of the substance without the use of impervious gloves, where there is 
potential for dermal exposure; manufacturing the PMN substance for use 
other than as a thin film for electronic device applications; 
manufacturing, processing, or using the PMN substance in a form other 
than a liquid; use of the PMN substance involving an application method 
that generates a mist, vapor, or aerosol except in a closed system; or 
any release of the PMN substance into surface waters or disposal other 
than by landfill or incineration may cause serious health effects or 
significant adverse environmental effects. Based on this information, 
the PMN substance meets the concern criteria at Sec.  721.170(b)(3)(ii) 
and (b)(4)(ii).
    Recommended testing: EPA has determined that the results of a fish 
early-life stage toxicity test (OPPTS Test Guideline 850.1400); a 
daphnid chronic toxicity test (OPPTS Test Guideline 850.1300); an algal 
toxicity test (OCSPP Test Guideline 850.4500); a 90-day inhalation 
toxicity test (OPPTS 870.3465) with additional testing parameters 
beyond those noted at CFR 870.3465, for using the 90-day subchronic 
protocol for nanomaterial assessment; a two-year inhalation bioassay 
(OPPTS Test Guideline 870.4200); and a surface charge by 
electrophoresis (for example, using ASTM E2865-12 or NCL Method PCC-2--
Measuring the Zeta Potential of Nanoparticles) would help characterize 
the health and environmental effects of the PMN substance.
    CFR citation: 40 CFR 721.10902.

PMN Number P-15-295

    Chemical name: Acrylated mixed metal oxides (generic).
    CAS number: Claimed confidential.
    Basis for action: The PMN states that the generic (non-
confidential) use of the substance will be as an intermediate. Based on 
SAR analysis of test data on respirable poorly soluble particulates, 
EPA identified potential lung effects and dermal toxicity from 
inhalation and dermal exposure to the PMN substance. Further, EPA 
predicts toxicity to aquatic organisms via releases of the PMN 
substance to surface water. Although there is potential for dermal 
exposure, EPA does not expect significant occupational exposures due to 
the use of impervious gloves, and because the PMN is used in a liquid 
and is not spray applied. Further, EPA does not expect environmental 
releases during the use identified in the PMN submission. Therefore, 
EPA has not determined that the proposed manufacturing, processing, and 
or use of the substance may present an unreasonable risk to human 
health or the environment. EPA has determined, however, that any use of 
the substance without the use of impervious gloves, where there is 
potential for dermal exposure; manufacturing, processing, or using the 
PMN substance in a form other than as a liquid; use of the PMN 
substance involving an application method that generates a mist, vapor, 
or aerosol; any release of the PMN substance into surface waters; or 
disposal other than by landfill or incineration may cause serious 
health effects or significant adverse environmental effects. Based on 
this information, the PMN substance meets the concern criteria at Sec.  
721.170(b)(3)(ii) and (b))(ii).
    Recommended testing: EPA has determined that the results of a 90-
day inhalation toxicity test (OPPTS Test Guideline 870.3465) with a 60-
day holding period; a fish early-life stage toxicity test (OPPTS Test 
Guideline 850.1400); a daphnid chronic toxicity test (OPPTS Test 
Guideline 850.1300); and an algal toxicity test (OCSPP Test Guideline 
850.4500) would help characterize the environmental and health effects 
of the PMN substance.
    CFR citation: 40 CFR 721.10903.

PMN Number P-15-306

    Chemical name: Phenol, 1,1-dimethylalkyl derivatives (generic).
    CAS number: Claimed confidential.
    Basis for action: The PMN states that the generic (non-
confidential) use of the substance will be as a process intermediate. 
Based on SAR analysis of test data on analogous phenols, EPA predicts 
toxicity to aquatic organisms may occur at concentrations that exceed 
13 ppb of the PMN substance in surface waters. As described in the PMN, 
releases of the substance are not expected to result in surface water 
concentrations that exceed 13 ppb. Therefore, EPA has not determined 
that the proposed manufacturing, processing, or use of the substance 
may present an unreasonable risk. EPA has determined, however, that any 
use of the substance resulting in surface water concentrations 
exceeding 13 ppb may result in significant adverse environmental 
effects. Based on this information, the PMN substance meets the concern 
criteria at Sec.  721.170(b)(4)(ii).
    Recommended testing: EPA has determined that the results of a fish 
acute toxicity test, freshwater and marine (OPPTS Test Guideline 
850.1075); an acute invertebrate toxicity test, freshwater daphnids 
(OPPTS Test Guideline 850.1010); an algal toxicity test (OCSPP Test 
Guideline 850.4500); and a Zahn-Wellens/EMPA test (OPPTS Test Guideline 
835.3200) would help characterize the environmental effects of the PMN 
substance. EPA recommends that the fate testing be performed first as 
the results may mitigate the need for further toxicity testing or 
change the testing recommendations.
    CFR citation: 40 CFR 721.10904.

PMN Number P-15-319

    Chemical name: Butanedioic acid, 2-methylene-, dialkyl ester 
(generic).
    CAS number: Claimed confidential.
    Basis for action: The PMN states that the generic (non-
confidential) use of the substance will be as an intermediate for 
production of a lubricant additive. Based on SAR analysis of test data 
on analogous acrylates and esters, EPA predicts toxicity to aquatic 
organisms may occur at concentrations that exceed 1 ppb of the PMN 
substance in surface waters. As described in the PMN, releases of the 
substance are not expected to result in surface water concentrations 
that exceed 1 ppb. Therefore, EPA has not determined that the proposed 
manufacturing, processing, or use of the substance may present an 
unreasonable risk. EPA has determined, however, that any use of the 
substance that resulting in surface water concentrations exceeding 1 
ppb may result in significant adverse environmental effects. Based on 
this information, the PMN substance meets the concern criteria at Sec.  
721.170(b)(4)(ii).
    Recommended testing: EPA has determined that the results of a fish 
acute toxicity test, freshwater and marine (OPPTS Test Guideline 
850.1075); an acute invertebrate toxicity test, freshwater daphnids 
(OPPTS Test Guideline 850.1010); an algal toxicity test (OCSPP Test 
Guideline 850.4500); and a ready biodegradability (OECD Test Guideline 
301) would help characterize the environmental effects of the PMN 
substance. EPA recommends that the fate testing be performed first as 
the results may mitigate the need for further toxicity testing or 
change the testing recommendations.
    CFR citation: 40 CFR 721.10905.

PMN Number P-15-324

    Chemical name: Magnesium alkaryl sulfonate (generic).
    CAS number: Claimed confidential.
    Basis for action: The PMN states that the use of the substance will 
be as a detergent additive in crankcase lubricant applications. Based 
on submitted test data on the PMN substance, EPA predicts toxicity to 
aquatic organisms may occur at concentrations that exceed 1 ppb of the

[[Page 30462]]

PMN substance in surface waters for greater than 20 days per year. This 
20-day criterion is derived from partial life cycle tests (daphnid 
chronic and fish early life stage tests) that typically range from 21 
to 28 days in duration. EPA predicts toxicity to aquatic organisms may 
occur if releases of the substance to surface water, from uses other 
than as described in the PMN, exceed releases from the use described in 
the PMN. For the use described in the PMN, environmental releases did 
not exceed 1 ppb for more than 20 days per year. Therefore, EPA has not 
determined that the proposed manufacturing, processing, or use of the 
substance may present an unreasonable risk. EPA has determined, 
however, that any use of the substance other than as listed in the PMN 
may result in significant adverse environmental effects. Based on this 
information, the PMN substance meets the concern criteria at Sec.  
721.170(b)(4)(i).
    Recommended testing: EPA has determined that the results of a 
daphnid chronic toxicity test (OPPTS Test Guideline 850.1300) would 
help characterize the environmental effects of the PMN substance.
    CFR citation: 40 CFR 721.10906.

PMN Number P-15-326

    Chemical name: Polyfluorohydrocarbon (generic).
    CAS number: Claimed confidential.
    Basis for action: The PMN states that the generic (non-
confidential) use of the substance will be as a specialty gas and 
transfer fluid. Based on test data on the PMN substance, EPA identified 
concerns for neurotoxicity and uncertain concern for cardiac 
sensitization. Further, based on SAR analysis of test data on analogous 
substances, EPA identified concerns for developmental toxicity. As 
described in the PMN, EPA does not expect significant occupational 
exposures due to use of adequate personal protective equipment, and 
consumer exposures are not expected as the PMN substance is not used in 
consumer products. Therefore, EPA has not determined that the proposed 
manufacturing, processing, or use of the substance may present an 
unreasonable risk. EPA has determined, however, that any use of the 
substance other than as listed in the PMN or any use in a consumer 
product may result in significant adverse human health effects. Based 
on this information, the PMN substance meets the concern criteria at 
Sec.  721.170 (b)(3)(i) and (b)(3)(ii).
    Recommended testing: EPA has determined that the results of 90-day 
inhalation toxicity (OPPTS Test Guideline 870.3465) would help 
characterize the health effects of the PMN substance.
    CFR citation: 40 CFR 721.10907.

PMN Number P-15-328

    Chemical name: Aluminum calcium oxide salt (generic).
    CAS number: Claimed confidential.
    Effective date of TSCA section 5(e) consent order: June 2, 2015.
    Basis for TSCA section 5(e) consent order: The PMN states that the 
generic (non-confidential) use of the PMN substance will be as a cement 
additive. Based on SAR analysis of test data on analogous respirable, 
poorly soluble particulates, EPA identified concerns for lung toxicity 
based on lung overload. The Order was issued under TSCA sections 
5(e)(1)(A)(i) and 5(e)(1)(A)(ii)(I) based on a finding that the 
substance may present an unreasonable risk of injury to human health. 
To protect against these risks, the consent order requires:
    1. Hazard communication. Establishment and use of a hazard 
communication program, including human health precautionary statements 
on each label and the MSDS.
    2. Use of personal protective equipment including a NIOSH-certified 
respirator with an APF of at least 10 or compliance with a NCEL of 5 
mg/m\3\ as an 8-hour time-weighted average (when there is potential 
inhalation exposure), when there is potential inhalation exposure.
    3. Manufacture, processing or use of the PMN substance only for the 
use specified in the consent order.
    The SNUR designates as a ``significant new use'' the absence of 
these protective measures.
    Recommended testing: EPA has determined that a 90-day inhalation 
toxicity test (OPPTS Test Guideline 870.3465) in rats would help 
characterize possible health effects of the substance. The Order does 
not require this testing at any specified time or production volume. 
However, the Order's restrictions on manufacture, processing, 
distribution in commerce, use, and disposal of the PMN substances will 
remain in effect until the Order is modified or revoked by EPA based on 
submission of that or other relevant information.
    CFR citation: 40 CFR 721.10908.

PMN Number P-15-332

    Chemical name: Polyalkyltrisiloxane (generic).
    CAS number: Claimed confidential.
    Basis for action: The PMN states that the generic (non-
confidential) use of the substance will be as a site-limited 
intermediate. Based on SAR analysis of test data on an analogous 
substance, there were health concerns regarding liver and kidney 
toxicity, thyroid effects, and reproductive and developmental toxicity 
from dermal and inhalation exposures to the PMN substance. Further, 
based on SAR analysis of test data on analogous neutral organics, EPA 
predicts toxicity to aquatic organisms may occur at concentrations that 
exceed 4 ppb of the PMN substance in surface waters. EPA also predicts 
toxicity to aquatic organisms may occur if releases of the substance to 
surface water, from uses other than as described in the PMN, exceed 
releases from the use described in the PMN. Further, as described in 
the PMN, exposure is expected to be minimal due to use of adequate 
respiratory and dermal personal protection equipment and releases of 
the substance are not expected to result in surface water 
concentrations exceeding 4 ppb. Therefore, EPA has not determined that 
the proposed manufacturing, processing, or use of the substance may 
present an unreasonable risk. EPA has determined, however, that any use 
of the substance that results in releases to surface waters exceeding 4 
ppb, any use other than that as a site-limited intermediate, or any use 
without the use of a NIOSH-certified respirator with gas/vapor 
cartridges and an APF of at least 10 and impervious gloves, may result 
in serious human health or significant adverse environmental effects. 
Based on this information, the PMN substance meets the concern criteria 
at Sec.  721.170 (b)(3)(ii) and (b)(4)(ii).
    Recommended testing: EPA has determined that the results of a 
sediment-water lumbriculus toxicity test (OECD Test Guideline 225); a 
combined repeated dose toxicity study with the reproduction/
developmental toxicity screening test (OECD Test Guideline 422); a fish 
acute toxicity test, freshwater and marine (OPPTS Test Guideline 
850.1075); an aquatic invertebrate acute toxicity test, freshwater 
daphnids (OPPTS Test Guideline 850.1010); and an algal toxicity test 
(OCSPP Test Guideline 850.4500) would help characterize the human 
health and environmental effects of the PMN substance. All ecotoxicity 
tests should analyze the PMN substance as well as the hydrolysis 
products.
    CFR citation: 40 CFR 721.10909.

PMN Number P-15-356

    Chemical names: Oxirane, 2,2'-[[1-[4-[1-methyl-1-[4-(2-
oxiranylmethoxy)phenyl]ethyl]phenyl]ethylidene]bis(4,1-
phenyleneoxymethylene)]bis- (P-15-

[[Page 30463]]

356, Chemical A); and 2-Propanol, 1,3-bis[4-[1-[4-[1-methyl-1-[4-(2-
oxiranylmethoxy)phenyl]ethyl]phenyl]-1-[4-(2-
oxiranylmethoxy)phenyl]ethyl]phenoxy]- (P-15-356, Chemical B).
    CAS numbers: 115254-47-2 (P-15-356, Chemical A) and 180063-56-3 (P-
15-356, Chemical B).
    Basis for action: The PMN states that the substances will be used 
as additives in polymer formulation for electronics. Based on test data 
on the PMN substances and on SAR analysis of test data on analogous 
epoxides, EPA identified concerns for respiratory sensitization and 
irritation, mutagenicity, developmental toxicity, male reproduction 
toxicity, liver and kidney toxicity, and oncogenicity. Additionally, 
based on SAR analysis of test data on analogous polyepoxides, EPA 
predicts toxicity to aquatic organisms may occur at concentrations that 
exceed 1 ppb of the PMN substances in surface waters. Further, EPA has 
concerns that the PMN substances are potentially PBT chemicals as 
described in the New Chemical Program's PBT category (64 FR 60194; 
November 4, 1999) (FRL-6097-7). EPA estimates that the PMN substances 
will persist in the environment more than 2 months and estimates a 
bioaccumulation factor of greater than or equal to 1,000. For the use 
described in the PMN, EPA expects occupational exposures to be minimal 
and does not expect releases to surface waters. Therefore, EPA has not 
determined that the proposed manufacturing, processing, or use of the 
substances may present an unreasonable risk. EPA has determined, 
however, that any use of the substances other than as additives in 
polymer formulation for electronics or any use of the substances 
resulting in releases to surface waters may cause serious human health 
or significant adverse environmental effects. Based on this 
information, the PMN substances meet the concern criteria at Sec.  
721.170(b)(1)(i)(C), (b)(3)(i), (b)(3)(ii), and (b)(4)(ii).
    Recommended testing: EPA has determined that the results of a 
combined repeated dose toxicity study with the reproduction/
developmental toxicity screening test (OECD Test Guideline 422); a 
sediment-water chironomid life-cycle toxicity test (OECD Test Guideline 
233), using spiked water or spiked sediment; a fish early-life stage 
toxicity test (OPPTS Test Guideline 850.1400); a daphnid chronic 
toxicity test (OPPTS Test Guideline 850.1300); and an algal toxicity 
test (OCSPP Test Guideline 850.4500) would help characterize the human 
health and environmental effects of the PMN substances.
    CFR citations: 40 CFR 721.10910 (P-15-356, chemical A) and 40 CFR 
721.10911 (P-15-356, chemical B).

PMN Number P-15-363

    Chemical name: Aliphatic acrylate (generic).
    CAS number: Claimed confidential.
    Basis for action: The PMN states that the generic (non-
confidential) use of the substance will be as a monomer. Based on SAR 
analysis of test data on analogous acrylates, EPA predicts toxicity to 
aquatic organisms may occur at concentrations that exceed 1 ppb of the 
PMN substance in surface waters. As described in the PMN, releases of 
the substance are not expected to result in surface water 
concentrations that exceed 1 ppb. Therefore, EPA has not determined 
that the proposed manufacturing, processing, or use of the substance 
may present an unreasonable risk. EPA has determined, however, that any 
use of the substance resulting in surface water concentrations 
exceeding 1 ppb may result in significant adverse environmental 
effects. Based on this information, the PMN substance meets the concern 
criteria at Sec.  721.170(b)(4)(ii).
    Recommended testing: EPA has determined that the results of a fish 
acute toxicity test, freshwater and marine (OPPTS Test Guideline 
850.1075); an acute invertebrate toxicity test, freshwater daphnids 
(OPPTS Test Guideline 850.1010); and an algal toxicity test (OCSPP Test 
Guideline 850.4500) would help characterize the environmental effects 
of the PMN substance.
    CFR citation: 40 CFR 721.10912.

PMN Number P-15-378

    Chemical name: Diisocyanato hexane, homopolymer, alkanoic acid-
polyalkylene glycol ether with substituted alkane (3:1) reaction 
products-blocked (generic).
    CAS number: Claimed confidential.
    Basis for action: The PMN states that the substance will be used as 
a dual cure/UV cure adhesion/barrier coating for wood substrates. Based 
on SAR analysis of test data on analogous diisocyanates, EPA identified 
concerns for respiratory sensitization. As described in the PMN, EPA 
does not expect significant occupational dermal or inhalation exposure 
due to use of adequate personal protective equipment and consumer 
exposures are not expected as the PMN substance is not used in consumer 
products. Therefore, EPA has not determined that the proposed 
manufacture, processing, or use of the substance may present an 
unreasonable risk. EPA has determined, however, that any use of the 
substance without a NIOSH-certified particulate respirator with an APF 
of at least 10 where there is a potential for inhalation exposure, or 
any use in consumer products may cause serious health effects. Based on 
this information, the PMN substance meets the concern criteria at Sec.  
721.170(b)(3)(ii).
    Recommended testing: EPA has determined that the results of a skin 
sensitization test (OPPTS Test Guideline 870.2600) and a 90-day 
inhalation toxicity test (OPPTS Test Guideline 870.3465) would help 
characterize the human health effects of the PMN substance.
    CFR citation: 40 CFR 721.10913.

PMN Number P-15-382

    Chemical name: Polyitaconic acid, sodium zinc salt (generic).
    CAS number: Claimed confidential.
    Basis for action: The PMN states that the substance will be used as 
an odor neutralization for pet litter and cleaning hard surface 
surfaces, fabrics, skin and hair; an odor neutralization for air car; 
and an odor neutralization for waste processing and solid waste 
management in paper, oil, gas, mining, agriculture, food and municipal 
industries. Based on SAR analysis of test data on analogous zinc salts, 
EPA predicts toxicity to aquatic organisms may occur at concentrations 
that exceed 4 ppb of the PMN substance in surface waters for greater 
than 20 days per year. This 20-day criterion is derived from partial 
life cycle tests (daphnid chronic and fish early life stage tests) that 
typically range from 21 to 28 days in duration. EPA predicts toxicity 
to aquatic organisms may occur if releases of the substance to surface 
water, from uses other than as described in the PMN, exceed releases 
from the use described in the PMN. For the use described in the PMN, 
environmental releases did not exceed 4 ppb for more than 20 days per 
year. Therefore, EPA has not determined that the proposed 
manufacturing, processing, or use of the substance may present an 
unreasonable risk. EPA has determined, however, that any use of the 
substance other than as listed in the PMN may result in significant 
adverse environmental effects. Based on this information, the PMN 
substance meets the concern criteria at Sec.  721.170(b)(4)(ii).
    Recommended testing: EPA has determined that the results of a fish 
early-life stage toxicity test (OPPTS Test Guideline 850.1400); a 
daphnid chronic toxicity test (OPPTS Test Guideline 850.1300); and an 
algal toxicity test

[[Page 30464]]

(OCSPP Test Guideline 850.4500) would help characterize the 
environmental effects of the PMN substance.
    CFR citation: 40 CFR 721.10914.

PMN Number P-15-411

    Chemical name: Fatty acid esters with polyols polyalkyl ethers 
(generic).
    CAS number: Claimed confidential.
    Basis for action: The PMN states that the generic (non-
confidential) use of the substance will be as an anti-rust coating 
solution additive. Based on SAR analysis of test data on analogous 
nonionic surfactants, EPA predicts toxicity to aquatic organisms may 
occur at concentrations that exceed 30 ppb of the PMN substance in 
surface waters. As described in the PMN, releases of the substance are 
not expected to result in surface water concentrations that exceed 30 
ppb. Therefore, EPA has not determined that the proposed manufacturing, 
processing, or use of the substance may present an unreasonable risk. 
EPA has determined, however, that any use of the substance resulting in 
surface water concentrations exceeding 30 ppb may result in significant 
adverse environmental effects. Based on this information, the PMN 
substance meets the concern criteria at Sec.  721.170(b)(4)(ii).
    Recommended testing: EPA has determined that the results of a fish 
acute toxicity test, freshwater and marine (OPPTS Test Guideline 
850.1075); an acute invertebrate toxicity test, freshwater daphnids 
(OPPTS Test Guideline 850.1010); and an algal toxicity test (OCSPP Test 
Guideline 850.4500) would help characterize the environmental effects 
of the PMN substance.
    CFR citation: 40 CFR 721.10915.

PMN Number P-15-435

    Chemical name: 2,7-Naphthalenedisulfonic acid, 4-amino-3-
[substituted]-5-hydroxy-6-[(1E)-2-phenyldiazenyl]-, lithium salt (1:3) 
(generic).
    CAS number: Claimed confidential.
    Basis for action: The PMN states that the generic (non-
confidential) use of the substance will be as a direct anionic dyestuff 
for the printing industry. Based on the results of a 28-day oral study 
for the PMN substance, EPA predicts anemia, effects on the adrenals, 
spleen, kidney, lymph nodes and immunotoxicity. In addition, based on 
the lithium salt of the PMN, EPA identified concerns for developmental 
toxicity and neurotoxicity. Further, based on SAR analysis of test data 
on analogous azo reduction products, EPA identified concerns for blood 
effects, developmental toxicity, oncogenicity, and mutagenicity. As 
described in the PMN, EPA does not expect significant risk to workers 
due to use of adequate personal protective equipment. Therefore, EPA 
has not determined that the proposed manufacturing, processing, or use 
of the substance may present an unreasonable risk. EPA has determined, 
however, that any use of the substance other than in a liquid 
formulation could result in exposures which may cause serious health 
effects. Based on this information, the PMN substance meets the concern 
criteria at Sec.  721.170(b)(1)(i)(C), (b)(3)(i) and (b)(3)(ii).
    Recommended testing: EPA has determined that the results of an ames 
assay (OPPTS Test Guideline 870.5100) with the rival modification; a 
mouse micronucleus assay conducted by the oral route (OPPTS Test 
Guideline 870.5395); and a combined repeated dose and developmental 
toxicity and reproductive toxicity screening test (OPPTS Test Guideline 
870.3650) would help to characterize the health effects of the PMN 
substance.
    CFR citation: 40 CFR 721.10916.

PMN Number P-15-492

    Chemical name: Polymethylsiloxane, distillation residues (generic).
    CAS number: Claimed confidential.
    Basis for action: The PMN states that the generic (non-
confidential) use of the substance will be as a site-limited 
intermediate. Based on SAR analysis test data on analogous silanes, EPA 
identified concerns for mutagenicity, liver and kidney toxicity, 
thyroid effects, and reproductive and developmental toxicity from 
dermal and inhalation exposures to the PMN substance. Further, based on 
SAR analysis of test data on analogous neutral organics, EPA predicts 
toxicity to aquatic organisms may occur at concentrations that exceed 1 
ppb of the PMN substance in surface waters. For the intermediate use 
described in the PMN, occupational exposures are expected to be minimal 
due to the use of adequate respiratory and dermal personal protection 
equipment, and releases of the substance are not expected to result in 
surface water concentrations that exceed 1 ppb. Therefore, EPA has not 
determined that the proposed manufacturing, processing, or use of the 
substance may present an unreasonable risk. EPA has determined, 
however, that any use of the substance without the use of a NIOSH-
certified respirator with gas/vapor cartridges and an APF of at least 
10, where there is a potential for inhalation exposures, any use of the 
substance without the use of impervious gloves, where there is a 
potential for dermal exposures; any use of the substance other than an 
intermediate; or any use of the substance resulting in surface water 
concentrations exceeding 1 ppb may result in serious human health or 
significant adverse environmental effects. Based on this information, 
the PMN substance meets the concern criteria at Sec.  721.170(b)(3)(ii) 
and (b)(4)(ii).
    Recommended testing: EPA has determined that the results of a 
sediment-water lumbriculus toxicity test (OECD Test Guideline 225) 
using spiked sediment; a combined repeated dose toxicity study with the 
reproduction/developmental toxicity screening test (OECD Test Guideline 
422); a fish early-life stage toxicity test (OPPTS Test Guideline 
850.1400); a daphnid chronic toxicity test (OPPTS Test Guideline 
850.1300); and an algal toxicity test (OCSPP Test Guideline 850.4500) 
would help characterize the human health and environmental effects of 
the PMN substance. All ecotoxicity tests should analyze for the PMN 
substance as well as the hydrolysis products.
    CFR citation: 40 CFR 721.10917.

PMN Number P-15-502

    Chemical name: Perfluorobutanesulfonamide and polyoxyalkylene 
containing polyurethane (generic).
    CAS number: Claimed confidential.
    Effective date of TSCA section 5(e) consent order: November 4, 
2015.
    Basis for TSCA section 5(e) consent order: The PMN states that the 
generic (non-confidential) use of the substance will be as a protective 
treatment. EPA has concerns for potential incineration or other 
decomposition products of the PMN substance. These fluorinated 
decomposition products may be released to the environment from 
incomplete incineration of the PMN substance at low temperatures. EPA 
has preliminary evidence, including data on some fluorinated polymers 
which suggest that under some conditions, the PMN substance could 
degrade in the environment. EPA has concerns that these degradation 
products will persist in the environment, could bioaccumulate or 
biomagnify, and could be toxic (PBT) to people, wild mammals, and 
birds. These concerns are based on data on analogous chemical 
substances, including PFOA and other perfluorinated alkyls, including 
the presumed environmental degradant. EPA also has concerns that under 
some conditions of use, particularly non-industrial, commercial, or 
consumer use, the PMN substance could cause lung effects, based on 
limited data on

[[Page 30465]]

some perfluorinated compounds. Concerns for the PMN substance are for 
lung toxicity from waterproofing of lung membrane, based on PMN 
properties. The order was issued under TSCA sections 5(e)(1)(A)(i) and 
5(e)(1)(A)(ii)(I), based on a finding that the substance and its 
potential intermediate and/or ultimate degradation products may present 
an unreasonable risk of injury to the environment and human health.
    1. Risk notification. If as a result of the test data required, the 
company becomes aware that the PMN substance may present a risk of 
injury to human health or the environment, the company must incorporate 
this new information, and any information on methods for protecting 
against such risk into an MSDS, within 90 days.
    2. Submission of certain environmental fate testing on the PMN 
substance prior to exceeding the confidential production volume limit 
as specified in the consent order of the PMN substance.
    3. No use of the PMN substance in consumer spray products.
    The SNUR designates as a ``significant new use'' the absence of 
these protective measures.
    Recommended testing: EPA has determined that the results of an 
aerobic and anaerobic transformation in soil test (OECD Test Guideline 
307) would help characterize the possible degradation of the PMN 
substance. The submitter has agreed to submit the results of this test 
by the confidential production volume identified in the consent order. 
EPA had determined that the results of a phototransformation of 
chemicals on soil surfaces (OECD Draft Document January 2002) would 
help characterize the degradation potential of the PMN substance. The 
Order does not require this testing at any specified time or production 
volume. However, the Order's restrictions on manufacture, processing, 
distribution in commerce, use, and disposal of the PMN substances will 
remain in effect until the Order is modified or revoked by EPA based on 
submission of that or other relevant information.
    CFR citation: 40 CFR 721.10918.

PMN Number P-15-542

    Chemical name: Quaternary ammonium compounds, (3-chloro-2-
hydroxypropyl)coco alkyldimethyl, chlorides.
    CAS number: 690995-44-9.
    Basis for action: The PMN states that the substance will be used as 
an intermediate for surfactant production, and as a chemical 
intermediate for sale into commerce. Based on SAR analysis of test data 
on analogous cationic (quaternary ammonium) surfactants, EPA predicts 
toxicity to aquatic organisms may occur at concentrations that exceed 
24 ppb of the PMN substance in surface waters. As described in the PMN, 
releases of the substance are not expected to result in surface water 
concentrations that exceed 24 ppb. Therefore, EPA has not determined 
that the proposed manufacturing, processing, or use of the substance 
may present an unreasonable risk. EPA has determined, however, that any 
use of the substance resulting in surface water concentrations 
exceeding 24 ppb may result in significant adverse environmental 
effects. Based on this information, the PMN substance meets the concern 
criteria at Sec.  721.170(b)(4)(ii).
    Recommended testing: EPA has determined that the results of a fish 
early-life stage toxicity test (OPPTS Test Guideline 850.1400); a 
daphnid chronic toxicity test (OPPTS Test Guideline 850.1300); and an 
algal toxicity test (OCSPP Test Guideline 850.4500) would help 
characterize the environmental effects of the PMN substance.
    CFR citation: 40 CFR 721.10919.

PMN Number P-15-559

    Chemical name: Modified diphenylmethane diisocyanate prepolymer 
with polyol (generic).
    CAS number: Claimed confidential.
    Basis for action: The PMN states that the generic (non-
confidential) use of the substance will be as a raw material for 
flexible foam. Based on SAR analysis of analogous diisocyanates, EPA 
identified concerns for potential dermal and respiratory sensitization 
from dermal and inhalation exposures, and for pulmonary toxicity from 
inhalation exposure, to the PMN substance where the average molecular 
weight is below 7,500 daltons and any molecular weight species is below 
1,000 daltons. For the molecular weight distribution described in the 
PMN, significant occupational exposures are not expected. Therefore, 
EPA has not determined that the proposed manufacture of the substance 
may present an unreasonable risk. EPA has determined, however, that any 
manufacture of the PMN substance with an average molecular weight below 
7,500 daltons, and where any molecular weight species is below 1,000 
daltons may cause serious health effects. Based on this information, 
the PMN substance meets the concern criteria at Sec.  
721.170(b)(3)(ii).
    Recommended testing: EPA has determined that the results of a skin 
sensitization test (OPPTS Test Guideline 870.2600) and a 90-day 
inhalation toxicity test (OPPTS Test Guideline 870.3465) would help 
characterize the human health effects of the PMN substance.
    CFR citation: 40 CFR 721.10920.

PMN Number P-15-573

    Chemical name: 2-Furancarboxyaldehyde, 5-(chloromethyl)-.
    CAS number: 1623-88-7.
    Basis for action: The PMN states that the use of the substance will 
be as a chemical intermediate. Based on SAR analysis of test data on 
analogous aldehydes, the EPA identified human health concerns for liver 
toxicity, neurotoxicity, sensitization, and cancer to workers exposed 
through dermal and inhalation routes. For the chemical intermediate use 
described in the PMN, occupational exposures are expected to be minimal 
due to the use of adequate personal protective equipment and a 
continuous reaction process such that no greater than 50 kilograms of 
the PMN substance is present in the workplace at a given time for this 
use. Therefore, EPA has not determined that the proposed manufacturing, 
processing, or use of the substance may present an unreasonable risk. 
EPA has determined, however, that any use without the use of a NIOSH-
certified respirator with an APF of at least 50, where there is a 
potential for inhalation exposures; any use without the use of 
impervious gloves, where there is a potential for dermal exposures, any 
use of the substance other than as a chemical intermediate; or any use 
beyond the annual production volume limit of 15,000 kilograms may 
result in serious human health or significant adverse environmental 
effects. Based on this information, the PMN substance meets the concern 
criteria at Sec.  721.170(b)(1)(i)(C) and (b)(3)(ii).
    Recommended testing: EPA has determined that the results of a skin 
sensitization (OECD Test Guideline 406) would help characterize the 
human health effects of the PMN substance; a combined repeated dose 
toxicity test with the reproduction/developmental toxicity screening 
test (OECD Test Guideline 422) with functional observational battery 
(FOB); a standard test method for permeation of liquids and gases 
through protective clothing materials under conditions of continuous 
contact (ASTM Test Guideline F739) using the format specified in the 
standard guide for documenting the results of chemical permeation 
testing of materials used in protective clothing materials (ASTM Test 
Guideline F1194-99(2010)); and a carcinogenicity test (OECD Test 
Guideline 451) would help characterize

[[Page 30466]]

the human health effects of the PMN substance.
    CFR citation: 40 CFR 721.10921.

PMN Number P-15-607

    Chemical name: 1,2,4,5,7,8-Hexoxonane, 3,6,9-trimethyl-, 3,6,9-
tris(alkyl) derivs. (generic).
    CAS number: Claimed confidential.
    Basis for action: The PMN states that the generic (non-
confidential) use of the substance will be as an initiator for 
polymerization. Based on data on the PMN substance, as well as SAR 
analysis of test data on analogous peroxides, EPA predicts toxicity to 
aquatic organisms may occur at concentrations that exceed 56 ppb of the 
PMN substance in surface waters for greater than 20 days per year. This 
20-day criterion is derived from partial life cycle tests (daphnid 
chronic and fish early life stage tests) that typically range from 21 
to 28 days in duration. EPA predicts toxicity to aquatic organisms may 
occur if releases of the substance to surface water, from uses other 
than as described in the PMN, exceed releases from the use described in 
the PMN. For the use described in the PMN, environmental releases did 
not exceed 56 ppb for more than 20 days per year. Therefore, EPA has 
not determined that the proposed manufacturing, processing, or use of 
the substance may present an unreasonable risk. EPA has determined, 
however, that any use of the substance other than as listed in the PMN 
may result in significant adverse environmental effects. Based on this 
information, the PMN substance meets the concern criteria at Sec.  
721.170(b)(4)(i) and (b)(4)(ii).
    Recommended testing: EPA has determined that the results of a fish 
early-life stage toxicity test (OPPTS Test Guideline 850.1400) using a 
solvent where the effects of the solvent are already known or measured, 
would help characterize the environmental effects of the PMN substance.
    CFR citation: 40 CFR 721.10922.

PMN Number P-15-671

    Chemical name: 9-Octadecen-1-amine, hydrochloride (1:1), (9Z)-.
    CAS number: 41130-29-4.
    Basis for action: The PMN states that the substance will be used as 
an emulsifying agent used in the production of asphalt emulsions for 
chipsealing and other road maintenance techniques. Based on test data 
for the PMN substance, as well as SAR analysis of test data on 
analogous aliphatic amines, EPA predicts toxicity to aquatic organisms 
may occur at concentrations that exceed 1 ppb of the PMN substance in 
surface waters. As described in the PMN, releases of the substance are 
not expected to result in surface water concentrations that exceed 1 
ppb. Therefore, EPA has not determined that the proposed manufacturing, 
processing, or use of the substance may present an unreasonable risk. 
EPA has determined, however, that any use of the substance resulting in 
surface water concentrations exceeding 1 ppb may result in significant 
adverse environmental effects. Based on this information, the PMN 
substance meets the concern criteria at Sec.  721.170 (b)(4)(i) and 
(b)(4)(ii).
    Recommended testing: EPA has determined that the results of a fish 
early-life stage toxicity test (OPPTS Test Guideline 850.1400) and a 
daphnid chronic toxicity test (OPPTS Test Guideline 850.1300) would 
help characterize the environmental effects of the PMN substance.
    CFR citation: 40 CFR 721.10923.

PMN Numbers P-15-689 and P-15-690

    Chemical names: Vegetable fatty acid alkyl esters (generic).
    CAS numbers: Claimed confidential.
    Basis for action: The PMNs state that the substances will be used 
as chemical intermediates. Based on SAR analysis of test data on 
analogous esters, EPA predicts toxicity to aquatic organisms may occur 
at concentrations that exceed 1 ppb of the PMN substances in surface 
waters for greater than 20 days per year. This 20-day criterion is 
derived from partial life cycle tests (daphnid chronic and fish early-
life stage tests) that typically range from 21 to 28 days in duration. 
EPA predicts toxicity to aquatic organisms may occur if releases of the 
substances to surface water exceeds releases from the use described in 
the PMN. For the chemical intermediate use described in the PMN, 
environmental releases did not exceed 1 ppb for more than 20 days per 
year. Therefore, EPA has not determined that the proposed 
manufacturing, processing, or use of the substances may present an 
unreasonable risk. EPA has determined, however, that any use of the 
substances other than as an intermediate may result in significant 
adverse environmental effects. Based on this information, the PMN 
substances meet the concern criteria at Sec.  721.170(b)(4)(ii).
    Recommended testing: EPA has determined that the results of a fish 
early-life stage toxicity test (OPPTS Test Guideline 850.1400); a 
daphnid chronic toxicity test (OPPTS Test Guideline 850.1300); and an 
algal toxicity test (OCSPP Test Guideline 850.4500) would help to 
characterize the environmental effects of the PMN substances. Depending 
on the results of these tests, EPA has determined that the results of 
an aerobic and anaerobic metabolism test (OECD Test Guideline 308) in 
aquatic sediment systems test; and a sediment water chironomid life-
cycle toxicity test (OECD Test Guideline 233) using spiked water or 
spiked sediment would help to further characterize the environmental 
effects of the PMN substances.
    CFR citation: 40 CFR 721.10924.

V. Rationale and Objectives of the Rule

A. Rationale

    During review of the PMNs submitted for the chemical substances 
that are subject to these SNURs, EPA concluded that for 10 of the 55 
chemical substances, regulation was warranted under TSCA section 5(e), 
pending the development of information sufficient to make reasoned 
evaluations of the health or environmental effects of the chemical 
substances. The basis for such findings is outlined in Unit IV. Based 
on these findings, TSCA section 5(e) consent orders requiring the use 
of appropriate exposure controls were negotiated with the PMN 
submitters. The SNUR provisions for these chemical substances are 
consistent with the provisions of the TSCA section 5(e) consent orders. 
These SNURs are promulgated pursuant to Sec.  721.160 (see Unit VI.).
    In the other 45 cases, where the uses are not regulated under a 
TSCA section 5(e) consent order, EPA determined that one or more of the 
criteria of concern established at Sec.  721.170 were met, as discussed 
in Unit IV.

B. Objectives

    EPA is issuing these SNURs for specific chemical substances which 
have undergone premanufacture review because the Agency wants to 
achieve the following objectives with regard to the significant new 
uses designated in this rule:
     EPA will receive notice of any person's intent to 
manufacture or process a listed chemical substance for the described 
significant new use before that activity begins.
     EPA will have an opportunity to review and evaluate data 
submitted in a SNUN before the notice submitter begins manufacturing or 
processing a listed chemical substance for the described significant 
new use.
     EPA will be able to regulate prospective manufacturers or 
processors of a listed chemical substance before the described 
significant new use of that chemical substance occurs, provided that 
regulation is warranted pursuant to TSCA sections 5(e), 5(f), 6, or 7.

[[Page 30467]]

     EPA will ensure that all manufacturers and processors of 
the same chemical substance that is subject to a TSCA section 5(e) 
consent order are subject to similar requirements.
    Issuance of a SNUR for a chemical substance does not signify that 
the chemical substance is listed on the TSCA Chemical Substance 
Inventory (TSCA Inventory). Guidance on how to determine if a chemical 
substance is on the TSCA Inventory is available on the Internet at 
http://www.epa.gov/opptintr/existingchemicals/pubs/tscainventory/index.html.

VI. Direct Final Procedures

    EPA is issuing these SNURs as a direct final rule, as described in 
Sec.  721.160(c)(3) and Sec.  721.170(d)(4). In accordance with Sec.  
721.160(c)(3)(ii) and Sec.  721.170(d)(4)(i)(B), the effective date of 
this rule is July 15, 2016 without further notice, unless EPA receives 
written adverse or critical comments, or notice of intent to submit 
adverse or critical comments before June 15, 2016.
    If EPA receives written adverse or critical comments, or notice of 
intent to submit adverse or critical comments, on one or more of these 
SNURs before June 15, 2016, EPA will withdraw the relevant sections of 
this direct final rule before its effective date. EPA will then issue a 
proposed SNUR for the chemical substance(s) on which adverse or 
critical comments were received, providing a 30-day period for public 
comment.
    This rule establishes SNURs for a number of chemical substances. 
Any person who submits adverse or critical comments, or notice of 
intent to submit adverse or critical comments, must identify the 
chemical substance and the new use to which it applies. EPA will not 
withdraw a SNUR for a chemical substance not identified in the comment.

VII. Applicability of the Significant New Use Designation

    To establish a significant new use, EPA must determine that the use 
is not ongoing. The chemical substances subject to this rule have 
undergone premanufacture review. In cases where EPA has not received a 
notice of commencement (NOC) and the chemical substance has not been 
added to the TSCA Inventory, no person may commence such activities 
without first submitting a PMN. Therefore, for chemical substances for 
which an NOC has not been submitted EPA concludes that the designated 
significant new uses are not ongoing.
    When chemical substances identified in this rule are added to the 
TSCA Inventory, EPA recognizes that, before the rule is effective, 
other persons might engage in a use that has been identified as a 
significant new use. However, TSCA section 5(e) consent orders have 
been issued for 10 of the 55 chemical substances, and the PMN 
submitters are prohibited by the TSCA section 5(e) consent orders from 
undertaking activities which would be designated as significant new 
uses. The identities of 41 of the 55 chemical substances subject to 
this rule have been claimed as confidential and EPA has received no 
post-PMN bona fide submissions (per Sec. Sec.  720.25 and 721.11). 
Based on this, the Agency believes that it is highly unlikely that any 
of the significant new uses described in the regulatory text of this 
rule are ongoing.
    Therefore, EPA designates May 16, 2016 as the cutoff date for 
determining whether the new use is ongoing. Persons who begin 
commercial manufacture or processing of the chemical substances for a 
significant new use identified as of that date would have to cease any 
such activity upon the effective date of the final rule. To resume 
their activities, these persons would have to first comply with all 
applicable SNUR notification requirements and wait until the notice 
review period, including any extensions, expires. If such a person met 
the conditions of advance compliance under Sec.  721.45(h), the person 
would be considered exempt from the requirements of the SNUR. Consult 
the Federal Register document of April 24, 1990 for a more detailed 
discussion of the cutoff date for ongoing uses.

VIII. Test Data and Other Information

    EPA recognizes that TSCA section 5 does not require developing 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 40 CFR 
720.50). However, upon review of PMNs and SNUNs, the Agency has the 
authority to require appropriate testing. In cases where EPA issued a 
TSCA section 5(e) consent order that requires or recommends certain 
testing, Unit IV. lists those tests. Unit IV. also lists recommended 
testing for non-5(e) SNURs. Descriptions of tests are provided for 
informational purposes. EPA strongly encourages 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.
    In the TSCA section 5(e) consent orders for several of the chemical 
substances regulated under this rule, EPA has established production 
volume limits in view of the lack of data on the potential health and 
environmental risks that may be posed by the significant new uses or 
increased exposure to the chemical substances. These limits cannot be 
exceeded unless the PMN submitter first submits the results of toxicity 
tests that would permit a reasoned evaluation of the potential risks 
posed by these chemical substances. Under recent TSCA section 5(e) 
consent orders, each PMN submitter is required to submit each study 
before reaching the specified production limit. Listings of the tests 
specified in the TSCA section 5(e) consent orders are included in Unit 
IV. The SNURs contain the same production volume limits as the TSCA 
section 5(e) consent orders. Exceeding these production limits is 
defined as a significant new use. Persons who intend to exceed the 
production limit must notify the Agency by submitting a SNUN at least 
90 days in advance of commencement of non-exempt commercial manufacture 
or processing.
    The recommended tests specified in Unit IV. may not be the only 
means of addressing the potential risks of the chemical substance. 
However, submitting a SNUN without any test data may increase the 
likelihood that EPA will take action 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

[[Page 30468]]

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.

IX. Procedural Determinations

    By this rule, EPA is establishing certain significant new uses 
which have been claimed as CBI subject to Agency confidentiality 
regulations at 40 CFR part 2 and 40 CFR part 720, subpart E. Absent a 
final determination or other disposition of the confidentiality claim 
under 40 CFR part 2 procedures, EPA is required to keep this 
information confidential. EPA promulgated a procedure to deal with the 
situation where a specific significant new use is CBI, at 40 CFR 
721.1725(b)(1).
    Under these procedures a manufacturer or processor may request EPA 
to determine whether a proposed use would be a significant new use 
under the rule. The manufacturer or processor must show that it has a 
bona fide intent to manufacture or process the chemical substance and 
must identify the specific use for which it intends to manufacture or 
process the chemical substance. If EPA concludes that the person has 
shown a bona fide intent to manufacture or process the chemical 
substance, EPA will tell the person whether the use identified in the 
bona fide submission would be a significant new use under the rule. 
Since most of the chemical identities of the chemical substances 
subject to these SNURs are also CBI, manufacturers and processors can 
combine the bona fide submission under the procedure in Sec.  
721.1725(b)(1) with that under Sec.  721.11 into a single step.
    If EPA determines that the use identified in the bona fide 
submission would not be a significant new use, i.e., the use does not 
meet the criteria specified in the rule for a significant new use, that 
person can manufacture or process the chemical substance so long as the 
significant new use trigger is not met. In the case of a production 
volume trigger, this means that the aggregate annual production volume 
does not exceed that identified in the bona fide submission to EPA. 
Because of confidentiality concerns, EPA does not typically disclose 
the actual production volume that constitutes the use trigger. Thus, if 
the person later intends to exceed that volume, a new bona fide 
submission would be necessary to determine whether that higher volume 
would be a significant new use.

X. SNUN Submissions

    According to Sec.  721.1(c), persons submitting a SNUN must comply 
with the same notification requirements and EPA regulatory procedures 
as persons submitting a PMN, including submission of test data on 
health and environmental effects as described in 40 CFR 720.50. SNUNs 
must be submitted on EPA Form No. 7710-25, generated using e-PMN 
software, and submitted to the Agency in accordance with the procedures 
set forth in 40 CFR 720.40 and Sec.  721.25. E-PMN software is 
available electronically at http://www.epa.gov/opptintr/newchems.

XI. Economic Analysis

    EPA has evaluated the potential costs of establishing SNUN 
requirements for potential manufacturers and processors of the chemical 
substances subject to this rule. EPA's complete economic analysis is 
available in the docket under docket ID number EPA-HQ-OPPT-2015-0810.

XII. Statutory and Executive Order Reviews

A. Executive Order 12866

    This action establishes SNURs for several new chemical substances 
that were the subject of PMNs, or TSCA section 5(e) consent orders. 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 action. 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 SNUR 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 
action.
    This action is within the scope of the February 18, 2012 
certification. Based on the Economic Analysis discussed in Unit XI. 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.


[[Page 30469]]


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 action. As 
such, EPA has determined that this action does not impose any 
enforceable duty, contain any unfunded mandate, or otherwise have any 
effect on small governments subject to the requirements of UMRA 
sections 202, 203, 204, or 205 (2 U.S.C. 1501 et seq.).

E. Executive Order 13132

    This action will not have a substantial direct effect on States, on 
the relationship between the national government and the States, or on 
the distribution of power and responsibilities among the various levels 
of government, as specified in Executive Order 13132, entitled 
``Federalism'' (64 FR 43255, August 10, 1999).

F. Executive Order 13175

    This action does not have Tribal implications because it is not 
expected to have substantial direct effects on Indian Tribes. This 
action does 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 action.

G. Executive Order 13045

    This action is not subject to Executive Order 13045, entitled 
``Protection of 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).

XIII. Congressional Review Act

    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

40 CFR Part 9

    Environmental protection, Reporting and recordkeeping requirements.

40 CFR Part 721

    Environmental protection, Chemicals, Hazardous substances, 
Reporting and recordkeeping requirements.

    Dated: May 3, 2016.
Maria J. Doa,
Director, Chemical Control Division, Office of Pollution Prevention and 
Toxics.

    Therefore, 40 CFR parts 9 and 721 are amended as follows:

PART 9--[AMENDED]

0
1. The authority citation for part 9 continues to read as follows:

    Authority: 7 U.S.C. 135 et seq., 136-136y; 15 U.S.C. 2001, 2003, 
2005, 2006, 2601-2671; 21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33 
U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318, 1321, 1326, 1330, 
1342, 1344, 1345 (d) and (e), 1361; E.O. 11735, 38 FR 21243, 3 CFR, 
1971-1975 Comp. p. 973; 42 U.S.C. 241, 242b, 243, 246, 300f, 300g, 
300g-1, 300g-2, 300g-3, 300g-4, 300g-5, 300g-6, 300j-1, 300j-2, 
300j-3, 300j-4, 300j-9, 1857 et seq., 6901-6992k, 7401-7671q, 7542, 
9601-9657, 11023, 11048.


0
2. In Sec.  9.1, add the following sections in numerical order under 
the undesignated center heading ``Significant New Uses of Chemical 
Substances'' to read as follows:


Sec.  9.1  OMB approvals under the Paperwork Reduction Act.

* * * * *

------------------------------------------------------------------------
                   40 CFR citation                      OMB control No.
------------------------------------------------------------------------
 
                                * * * * *
------------------------------------------------------------------------
               Significant New Uses of Chemical Substances
------------------------------------------------------------------------
 
                                * * * * *
721.10875............................................          2070-0012
721.10876............................................          2070-0012
721.10877............................................          2070-0012
721.10878............................................          2070-0012
721.10879............................................          2070-0012
721.10880............................................          2070-0012
721.10881............................................          2070-0012
721.10882............................................          2070-0012
721.10883............................................          2070-0012
721.10884............................................          2070-0012
721.10885............................................          2070-0012
721.10886............................................          2070-0012
721.10887............................................          2070-0012
721.10888............................................          2070-0012
721.10889............................................          2070-0012
721.10890............................................          2070-0012
721.10891............................................          2070-0012
721.10892............................................          2070-0012
721.10893............................................          2070-0012
721.10894............................................          2070-0012
721.10895............................................          2070-0012
721.10896............................................          2070-0012
721.10897............................................          2070-0012
721.10898............................................          2070-0012
721.10899............................................          2070-0012
721.10900............................................          2070-0012
721.10901............................................          2070-0012
721.10902............................................          2070-0012
721.10903............................................          2070-0012
721.10904............................................          2070-0012
721.10905............................................          2070-0012
721.10906............................................          2070-0012
721.10907............................................          2070-0012
721.10908............................................          2070-0012
721.10909............................................          2070-0012
721.10910............................................          2070-0012
721.10911............................................          2070-0012
721.10912............................................          2070-0012
721.10913............................................          2070-0012
721.10914............................................          2070-0012
721.10915............................................          2070-0012
721.10916............................................          2070-0012
721.10917............................................          2070-0012
721.10918............................................          2070-0012
721.10919............................................          2070-0012
721.10920............................................          2070-0012
721.10921............................................          2070-0012
721.10922............................................          2070-0012
721.10923............................................          2070-0012
721.10924............................................          2070-0012
721.10925............................................          2070-0012
 
                                * * * * *
------------------------------------------------------------------------

* * * * *

[[Page 30470]]

PART 721--[AMENDED]

0
3. The authority citation for part 721 continues to read as follows:

    Authority: 15 U.S.C. 2604, 2607, and 2625(c).


0
4. Add Sec.  721.10875 to subpart E to read as follows:


Sec.  721.10875  Alkali transition metal oxide (generic).

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified generically as alkali 
transition metal oxide (PMN P-11-150) is subject to reporting under 
this section for the significant new uses described in paragraph (a)(2) 
of this section. The requirements of this rule do not apply to 
quantities of the PMN substance after it has been completely reacted 
(cured).
    (2) The significant new uses are:
    (i) Protection in the workplace. (A) Requirements as specified in 
Sec.  721.63(a)(4), (a)(6)(ii), (a)(6)(v), (a)(6)(vi), 
(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)(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 National Institute for Occupational 
Safety and Health (NIOSH)-certified respirators with an Assigned 
Protection Factor (APF) of at least 10 meet the requirements of Sec.  
721.63(a)(4):
    (1) Any NIOSH-certified air-purifying elastomeric half-mask 
respirator equipped with N100 (if oil aerosols absent), R100, or P100 
filters.
    (2) Any appropriate NIOSH-certified N100 (if oil aerosols absent), 
R100, or P100 filtering facepiece respirator.
    (3) Any NIOSH-certified air-purifying full facepiece respirator 
equipped with N100 (if oil aerosols absent), R100, or P100 filters.
    (4) Any NIOSH-certified negative pressure (demand) supplied air 
respirator equipped with a half-mask.
    (5) Any NIOSH-certified negative pressure (demand) self-contained 
breathing apparatus (SCBA) equipped with a half-mask.
    (B) 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 this substance. The NCEL is 2.4 mg/m\3\ as an 8-hour 
time weighted average (TWA) verified by actual monitoring data.
    (ii) Hazard communication program. Requirements as specified in 
Sec.  721.72(a) through (e)(concentration set at 0.1 percent), (f), 
(g)(1)(i), (g)(1)(ii), (g)(1)(iii), (g)(1)(iv), (g)(1)(viii), 
(g)(1)(ix), (g)(2)(ii), (g)(2)(iii), (g)(2)(iv)(use respiratory 
protection, or maintain workplace airborne concentrations at or below 
an 8-hour time-weighted average of 2.4 mg/m\3\), and (g)(5).
    (iii) Industrial, commercial, and consumer activities. Requirements 
as specified in Sec.  721.80(q).
    (b) Specific requirements. The provisions of subpart A of this part 
apply to this section except as modified by this paragraph.
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.  
721.125(a) through (d) and (f) through (i) are applicable to 
manufacturers and processors of this substance.
    (2) Limitations or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.
    (3) Determining whether a specific use is subject to this section. 
The provisions of Sec.  721.1725(b)(1) apply to paragraph (a)(2)(iii) 
of this section.

0
5. Add Sec.  721.10876 to subpart E to read as follows:


Sec.  721.10876  Perfluoroalkyl substituted alkyl sulfonate (generic).

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified generically as 
perfluoroalkyl substituted alkyl sulfonate (PMN P-11-484) is subject to 
reporting under this section for the significant new uses described in 
paragraph (a)(2) of this section.
    (2) The significant new uses are:
    (i) Industrial, commercial, and consumer activities. Requirements 
as specified in Sec.  721.80 (k)(analysis and reporting and limitations 
of maximum impurity levels of certain fluorinated impurities; and use 
other described in the consent order), (o)(use in a consumer product 
that could be spray applied), and (q).
    (ii) Disposal. Requirements as specified in Sec.  721.85. 
Incineration of wastes in an incinerator operating at the temperature 
of at least 1,000 degrees Celsius and a residence time of minimum of 2 
seconds. Any tank or vessel washings, residues from transport vessels 
or tanks, and similar materials that are captured and retained in the 
normal course of manufacturing and processing for re-use in 
manufacturing of the PMN substance or products made from the PMN 
substance are exempt from this method of disposal.
    (iii) Release to water. Requirements as specified in Sec.  
721.90(a)(1), (b)(1), and (c)(1) apply to the PMN substance except 
under the terms specified in the consent order.
    (b) Specific requirements. The provisions of subpart A of this part 
apply to this section except as modified by this paragraph.
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.  
721.125(a), (b), (c), (i), (j), and (k) are applicable to manufacturers 
and processors of this substance.
    (2) Limitations or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.
    (3) Determining whether a specific use is subject to this section. 
The provisions of Sec.  721.1725(b)(1) apply to paragraphs (a)(2)(i) 
and (iii) of this section.
0
6. Add Sec.  721.10877 to subpart E to read as follows:


Sec.  721.10877  Polyfluorinated alkyl quaternary ammonium chloride 
(generic).

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified generically as 
polyfluorinated alkyl quaternary ammonium chloride (PMN P-11-543) is 
subject to reporting under this section for the significant new uses 
described in paragraph (a)(2) of this section.
    (2) The significant new uses are:
    (i) Industrial, commercial, and consumer activities. Requirements 
as specified in Sec.  721.80(k)(analysis and reporting and limitations 
of maximum impurity levels of certain fluorinated impurities; and use 
other described in the consent order), (o)(use in a consumer product 
that could be spray applied), and (q).
    (ii) Disposal. Requirements as specified in Sec.  721.85. 
Incineration of wastes in an incinerator operating at the temperature 
of at least 1,000 degrees Celsius and a residence time of minimum of 2 
seconds. Any tank or vessel washings, residues from transport vessels 
or tanks, and similar materials that are captured and retained in the 
normal course of manufacturing and processing for re-use in 
manufacturing of the PMN substance or products made from the PMN 
substance are exempt from this method of disposal.
    (iii) Release to water. Requirements as specified in Sec.  
721.90(a)(1), (b)(1), and (c)(1) apply to the PMN substance except 
under the terms specified in the consent order.
    (b) Specific requirements. The provisions of subpart A of this part 
apply to this section except as modified by this paragraph.

[[Page 30471]]

    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.  
721.125(a), (b), (c), (i), (j), and (k) are applicable to manufacturers 
and processors of this substance.
    (2) Limitations or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.
    (3) Determining whether a specific use is subject to this section. 
The provisions of Sec.  721.1725(b)(1) apply to paragraphs (a)(2)(i) 
and (iii) of this section.

0
7. Add Sec.  721.10878 to subpart E to read as follows:


Sec.  721.10878  Polyfluorinatedalkylsulfonyl substituted alkane 
derivative (generic).

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified generically as 
polyfluorinatedalkylsulfonyl substituted alkane derivative (PMN P-14-
67) 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 PMN substance after it has 
been completely reacted (cured).
    (2) The significant new uses are:
    (i) Hazard communication program. Requirements as specified in 
Sec.  721.72. A significant new use of the substance is any manner or 
method of manufacture or processing associated with any use of the 
substance without providing risk notification as follows:
    (A) If as a result of the test data required under TSCA section 
5(e) consent order for the substance, the employer becomes aware that 
the substance may present a risk of injury to human health or the 
environment, the employer must incorporate this new information, and 
any information on methods for protecting against such risk, into a 
MSDS as described in Sec.  721.72(c) within 90 days from the time the 
employer becomes aware of the new information. If the substance is not 
being manufactured, processed, or used in the employer's workplace, the 
employer must add the new information to a MSDS before the substance is 
reintroduced into the workplace.
    (B) The employer must ensure that persons who will receive the PMN 
substance from the employer, or who have received the PMN substance 
from the employer within 5 years from the date the employer becomes 
aware of the new information described in paragraph (a)(2)(i)(A) of 
this section, are provided an MSDS containing the information required 
under paragraph (a)(2)(i)(A) of this section within 90 days from the 
time the employer becomes aware of the new information.
    (ii) Industrial, commercial, and consumer activities. Requirements 
as specified in Sec.  721.80 (k) and (o)(use in a consumer product that 
could be spray applied), and (q).
    (b) Specific requirements. The provisions of subpart A of this part 
apply to this section except as modified by this paragraph.
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.  
721.125(a), (b), (c), (f), (h), and (i) are applicable to manufacturers 
and processors of this substance.
    (2) Limitations or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.
    (3) Determining whether a specific use is subject to this section. 
The provisions of Sec.  721.1725(b)(1) apply to paragraph (a)(2)(ii) of 
this section.

0
8. Add Sec.  721.10879 to subpart E to read as follows:


Sec.  721.10879  1-Octadecanaminium, N-(3-chloro-2-hydroxypropyl)-N,N-
dimethyl-, chloride (1:1).

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified as 1-octadecanaminium, 
N-(3-chloro-2-hydroxypropyl)-N,N-dimethyl-, chloride (1:1) (PMN P-14-
125; CAS No. 3001-63-6) is subject to reporting under this section for 
the significant new uses described in paragraph (a)(2) of this section.
    (2) The significant new uses are:
    (i) Release to water. Requirements as specified in Sec.  721.90 
(a)(4), (b)(4), and (c)(4) (N=2).
    (ii) [Reserved].
    (b) Specific requirements. The provisions of subpart A of this part 
apply to this section except as modified by this paragraph.
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.  
721.125(a), (b), (c), and (k) are applicable to manufacturers and 
processors of this substance.
    (2) Limitations or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.

0
9. Add Sec.  721.10880 to subpart E to read as follows:


Sec.  721.10880  Fatty acid rxn products with aminoalkylamines 
(generic).

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substances identified generically as fatty 
acid rxn products with aminoalkylamines (PMNs P-14-153, P-14-154, P-15-
79, and P-15-80) are subject to reporting under this section for the 
significant new uses described in paragraph (a)(2) of this section.
    (2) The significant new uses are:
    (i) Industrial, commercial, and consumer activities. Requirements 
as specified in Sec.  721.80. A significant new use of the substances 
is any use other than as chemical intermediates, additives for 
flotation products, or adhesion promoters for use in asphalt 
applications where the surface water concentrations described under 
paragraph (a)(3)(i) of this section are exceeded.
    (ii) [Reserved].
    (3) The significant new uses for any use other than as chemical 
intermediated, additives for flotation products, or adhesion promoters 
for use in asphalt applications are:
    (i) Release to water. Requirements as specified in Sec.  721.90 
(a)(4), (b)(4), and (c)(4) (N=1).
    (ii) [Reserved].
    (b) Specific requirements. The provisions of subpart A of this part 
apply to this section except as modified by this paragraph.
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.  
721.125(a), (b), (c), (i), and (k) are applicable to manufacturers and 
processors of these substances.
    (2) Limitations or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.

0
10. Add Sec.  721.10881 to subpart E to read as follows:


Sec.  721.10881  Fatty acid amides (generic).

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substances identified generically as fatty 
acid amides (PMNs P-14-155 and P-14-156) are subject to reporting under 
this section for the significant new uses described in paragraph (a)(2) 
of this section.
    (2) The significant new uses are:
    (i) Industrial, commercial, and consumer activities. Requirements 
as specified in Sec.  721.80. A significant new use of the substances 
is any use other than as chemical intermediates, additives for 
flotation products, or adhesion promoters for use in asphalt 
applications where the surface water concentrations described under 
paragraph (a)(3)(i) of this section are exceeded.
    (ii) [Reserved].
    (3) The significant new uses for any use other than as chemical 
intermediated, additives for flotation products, or adhesion promoters 
for use in asphalt applications are:
    (i) Release to water. Requirements as specified in Sec.  
721.90(a)(4), (b)(4), and

[[Page 30472]]

(c)(4) (N=2 for P-14-155 and N=3 for P-14-156).
    (ii) [Reserved].
    (b) Specific requirements. The provisions of subpart A of this part 
apply to this section except as modified by this paragraph.
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.  
721.125(a), (b), (c), (i), and (k) are applicable to manufacturers and 
processors of these substances.
    (2) Limitations or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.

0
11. Add Sec.  721.10882 to subpart E to read as follows:


Sec.  721.10882  Trialkylammonium borodibenzoate (generic).

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified generically as 
trialkylammonium borodibenzoate (PMN P-14-198) is subject to reporting 
under this section for the significant new uses described in paragraph 
(a)(2) of this section.
    (2) The significant new uses are:
    (i) Industrial commercial, and consumer activities. Requirements as 
specified in Sec.  721.80(f) and (j).
    (ii) [Reserved].
    (b) Specific requirements. The provisions of subpart A of this part 
apply to this section except as modified by this paragraph.
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.  
721.125(a), (b), (c), and (i) are applicable to manufacturers and 
processors of this substance.
    (2) Limitations or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.
    (3) Determining whether a specific use is subject to this section. 
The provisions of Sec.  721.1725(b)(1) apply to paragraph (a)(2)(i) of 
this section.

0
12. Add Sec.  721.10883 to subpart E to read as follows:


Sec.  721.10883  Fatty ester derivatives, reaction products with 
alkanolamine, hydroxylated, borated (generic).

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified generically as fatty 
ester derivatives, reaction products with alkanolamine, hydroxylated, 
borated (PMN P-14-324) is subject to reporting under this section for 
the significant new uses described in paragraph (a)(2) of this section.
    (2) The significant new uses are:
    (i) Industrial commercial, and consumer activities. Requirements as 
specified in Sec.  721.80. A significant new use of the substance is a 
use other than as a lubricating oil additive.
    (ii) [Reserved].
    (b) Specific requirements. The provisions of subpart A of this part 
apply to this section except as modified by this paragraph.
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.  
721.125(a), (b), (c), and (i) are applicable to manufacturers and 
processors of this substance.
    (2) Limitations or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.

0
13. Add Sec.  721.10884 to subpart E to read as follows:


Sec.  721.10884  Benzenepropanol, 1-benzoate.

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified as benzenepropanol, 1-
benzoate (PMN P-14-397; CAS No. 60045-26-3) is subject to reporting 
under this section for the significant new uses described in paragraph 
(a)(2) of this section.
    (2) The significant new uses are:
    (i) Industrial commercial, and consumer activities. Requirements as 
specified in Sec.  721.80. A significant new use of the substance is 
use other than as a plasticizer in adhesives for food-product 
packaging; a diluents-type plasticizer in plastisol; a coalescent in 
architectural paints and coating; and a fragrance carrier in 
fragrances.
    (ii) [Reserved].
    (b) Specific requirements. The provisions of subpart A of this part 
apply to this section except as modified by this paragraph.
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.  
721.125(a), (b), (c), and (i) are applicable to manufacturers and 
processors of this substance.
    (2) Limitations or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.

0
14. Add Sec.  721.10885 to subpart E to read as follows:


Sec.  721.10885  Alcohols, C12-22, distn. residues.

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified as alcohols, 
C12-22, distn. residues (PMN P-14-448; CAS No. 1476777-83-9) 
is subject to reporting under this section for the significant new uses 
described in paragraph (a)(2) of this section.
    (2) The significant new uses are:
    (i) Industrial commercial, and consumer activities. Requirements as 
specified in Sec.  721.80. A significant new use of the substance is 
any use where the cumulative molecular weights of the C12 
and C14 components exceed 2 percent by weight of the overall 
molecular weight of the PMN substance.
    (ii) [Reserved].
    (b) Specific requirements. The provisions of subpart A of this part 
apply to this section except as modified by this paragraph.
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.  
721.125(a), (b), (c), and (i) are applicable to manufacturers and 
processors of this substance.
    (2) Limitations or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.

0
15. Add Sec.  721.10886 to subpart E to read as follows:


Sec.  721.10886  Phosphoric acid, mixed Bu and decyl and octyl and 2-
(2-phenoxyethoxy)ethyl and 2-phenoxyethyl esters.

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified as phosphoric acid, 
mixed Bu and decyl and octyl and 2-(2-phenoxyethoxy)ethyl and 2-
phenoxyethyl esters (PMN P-14-501; CAS No. 1502809-48-4) is subject to 
reporting under this section for the significant new uses described in 
paragraph (a)(2) of this section.
    (2) The significant new uses are:
    (i) Release to water. Requirements as specified in Sec.  
721.90(a)(4), (b)(4), and (c)(4) (N=4).
    (ii) [Reserved].
    (b) Specific requirements. The provisions of subpart A of this part 
apply to this section except as modified by this paragraph.
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.  
721.125(a), (b), (c), and (k) are applicable to manufacturers and 
processors of this substance.
    (2) Limitations or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.

0
16. Add Sec.  721.10887 to subpart E to read as follows:


Sec.  721.10887  Phosphoric acid, mixed Bu and decyl and octyl and 2-
(2-phenoxyethoxy)ethyl and 2-phenoxyethyl esters, potassium salts.

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified as phosphoric acid, 
mixed Bu and decyl and octyl and 2-(2-phenoxyethoxy)ethyl and 2-
phenoxyethyl esters, potassium salts (PMN P-14-502; CAS No.

[[Page 30473]]

1502809-56-4) is subject to reporting under this section for the 
significant new uses described in paragraph (a)(2) of this section.
    (2) The significant new uses are:
    (i) Release to water. Requirements as specified in Sec.  
721.90(a)(4), (b)(4), and (c)(4) (N=4).
    (ii) [Reserved].
    (b) Specific requirements. The provisions of subpart A of this part 
apply to this section except as modified by this paragraph.
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.  
721.125(a), (b), (c), and (k) are applicable to manufacturers and 
processors of this substance.
    (2) Limitations or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.

0
17. Add Sec.  721.10888 to subpart E to read as follows:


Sec.  721.10888  Siloxanes and Silicones, 3-[(2-aminoethyl)amino)propyl 
Me, di-Me, reaction products with cadmium zinc selenide sulfide, lauric 
acid and oleylamine.

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified as siloxanes and 
silicones, 3-[(2-aminoethyl)amino)propyl Me, di-Me, reaction products 
with cadmium zinc selenide sulfide, lauric acid and oleylamine (PMN P-
15-59; CAS No. 1623456-05-2) is subject to reporting under this section 
for the significant new uses described in paragraph (a)(2) of this 
section.
    (2) The significant new uses are:
    (i) Protection in the workplace. Requirements as specified in Sec.  
721.63(a)(1), (a)(2)(i), (a)(3), (b), and (c). When determining which 
persons are reasonably likely to be exposed as required for Sec.  
721.63 (a)(1) engineering control measures (e.g., enclosure or 
confinement of the operation, general and local ventilation) or 
administrative control measures (e.g., workplace policies and 
procedures) shall be considered and implemented to prevent exposure, 
where feasible.
    (ii) Industrial, commercial, and consumer activities. Requirements 
as specified in Sec.  721.80(p) (three months and eighteen months). A 
significant new use of the substance is manufacture, process, or use 
the chemical substance other than as a down converter for an optical 
filter for light emitting diodes used in displays, or other than in a 
liquid formulation.
    (iii) Disposal. Requirements as specified in Sec.  721.85. It is a 
significant new use to dispose of the chemical substance other than by 
incineration in a permitted hazardous waste incinerator.
    (b) Specific requirements. The provisions of subpart A of this part 
apply to this section except as modified by this paragraph.
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.  
721.125(a) through (e), (i), and (j) are applicable to manufacturers 
and processors of this substance.
    (2) Limitations or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.

0
18. Add Sec.  721.10889 to subpart E to read as follows:


Sec.  721.10889  Dodecanoic acid, reaction products with cadmium zinc 
selenide sulfide and oleylamine.

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified as dodecanoic acid, 
reaction products with cadmium zinc selenide sulfide and oleylamine 
(PMN P-15-60; CAS No. 1773514-92-3) is subject to reporting under this 
section for the significant new uses described in paragraph (a)(2) of 
this section.
    (2) The significant new uses are:
    (i) Protection in the workplace. Requirements as specified in Sec.  
721.63(a)(1), (a)(2)(i), (a)(3), (b), and (c). When determining which 
persons are reasonably likely to be exposed as required for Sec.  
721.63(a)(1) engineering control measures (e.g., enclosure or 
confinement of the operation, general and local ventilation) or 
administrative control measures (e.g., workplace policies and 
procedures) shall be considered and implemented to prevent exposure, 
where feasible.
    (ii) Industrial, commercial, and consumer activities. Requirements 
as specified in Sec.  721.80. It is a significant new use to 
manufacture, process, or use the chemical substance other than as a 
chemical intermediate or other than in a liquid formulation.
    (iii) Disposal. Requirements as specified in Sec.  721.85. It is a 
significant new use to dispose of the chemical substance other than by 
incineration in a permitted hazardous waste incinerator.
    (b) Specific requirements. The provisions of subpart A of this part 
apply to this section except as modified by this paragraph.
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.  
721.125(a) through (e), (i) and (j) are applicable to manufacturers and 
processors of this substance.
    (2) Limitations or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.

0
19. Add Sec.  721.10890 to subpart E to read as follows:


Sec.  721.10890  Phosphonic acid, P-tetradecyl-, reaction products with 
cadmium selenide (CdSe).

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified as phosphonic acid, P-
tetradecyl-, reaction products with cadmium selenide (CdSe) (PMN P-15-
104; CAS No. 1773514-66-1) is subject to reporting under this section 
for the significant new uses described in paragraph (a)(2) of this 
section.
    (2) The significant new uses are:
    (i) Protection in the workplace. Requirements as specified in Sec.  
721.63(a)(1), (a)(2)(i), (a)(3), (b), and (c). When determining which 
persons are reasonably likely to be exposed as required for Sec.  
721.63(a)(1) engineering control measures (e.g., enclosure or 
confinement of the operation, general and local ventilation) or 
administrative control measures (e.g., workplace policies and 
procedures) shall be considered and implemented to prevent exposure, 
where feasible.
    (ii) Industrial, commercial, and consumer activities. Requirements 
as specified in Sec.  721.80. It is a significant new use to 
manufacture, process, or use the chemical substance other than as a 
chemical intermediate or other than in a liquid formulation.
    (iii) Disposal. Requirements as specified in Sec.  721.85 It is a 
significant new use to dispose of the chemical substance other than by 
incineration in a permitted hazardous waste incinerator.
    (b) Specific requirements. The provisions of subpart A of this part 
apply to this section except as modified by this paragraph.
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.  
721.125(a) through (e), (i), and (k) are applicable to manufacturers 
and processors of this substance.
    (2) Limitations or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.

0
20. Add Sec.  721.10891 to subpart E to read as follows:


Sec.  721.10891  Alkyl silicate, polymer with 2-(chloromethyl)oxirane 
and 4,4'-(1-methylethylidene)bis[phenol], alkoxylated (generic).

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified generically as alkyl 
silicate, polymer

[[Page 30474]]

with 2-(chloromethyl)oxirane and 4,4'-(1-methylethylidene)bis[phenol], 
alkoxylated (PMN P-15-81) is subject to reporting under this section 
for the significant new uses described in paragraph (a)(2) of this 
section.
    (2) The significant new uses are:
    (i) Protection in the workplace. Requirements as specified in 40 
CFR 721.63(a)(1), (a)(2)(i), (a)(3), (b) (concentration set at 0.1 
percent), and (c).
    (ii) Release to water. Requirements as specified in Sec.  
721.90(a)(4), (b)(4), and (c)(4) (N=1).
    (b) Specific requirements. The provisions of subpart A of this part 
apply to this section except as modified by this paragraph.
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.  
721.125(a), (b), (c), (i), and (k) are applicable to manufacturers and 
processors of this substance.
    (2) Limitations or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.

0
21. Add Sec.  721.108992 to subpart E to read as follows:


Sec.  721.10892  Reaction product of a mixture of aromatic dianhydrides 
and aliphatic esters with an aromatic diamine (generic).

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified generically as 
reaction product of a mixture of aromatic dianhydrides and aliphatic 
esters with an aromatic diamine (PMN P-15-109) is subject to reporting 
under this section for the significant new uses described in paragraph 
(a)(2) of this section.
    (2) The significant new uses are:
    (i) Release to water. Requirements as specified in Sec.  
721.90(a)(4), (b)(4), and (c)(4) (N=11).
    (ii) [Reserved].
    (b) Specific requirements. The provisions of subpart A of this part 
apply to this section except as modified by this paragraph.
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.  
721.125(a), (b), (c), and (k) are applicable to manufacturers and 
processors of this substance.
    (2) Limitations or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.

0
22. Add Sec.  721.10893 to subpart E to read as follows:


Sec.  721.10893  Fatty acids, tall-oil, reaction products with an ether 
and triethylenetetramine (generic).

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified generically as fatty 
acids, tall-oil, reaction products with an ether and 
triethylenetetramine (PMN P-15-111) is subject to reporting under this 
section for the significant new uses described in paragraph (a)(2) of 
this section.
    (2) The significant new uses are:
    (i) Industrial, commercial, and consumer activities. Requirements 
as specified in Sec.  721.80(f) and (j).
    (ii) [Reserved].
    (b) Specific requirements. The provisions of subpart A of this part 
apply to this section except as modified by this paragraph.
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.  
721.125(a), (b), (c), and (i), are applicable to manufacturers and 
processors of this substance.
    (2) Limitations or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.
    (3) Determining whether a specific use is subject to this section. 
The provisions of Sec.  721.1725(b)(1) apply to paragraph (a)(2)(i) of 
this section.

0
23. Add Sec.  721.10894 to subpart E to read as follows:


Sec.  721.10894  Substituted benzyl acrylate (generic)

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified generically as 
substituted benzyl acrylate (PMN P-15-120) is subject to reporting 
under this section for the significant new uses described in paragraph 
(a)(2) of this section.
    (2) The significant new uses are:
    (i) Release to water. Requirements as specified in Sec.  
721.90(a)(4), (b)(4), and (c)(4) (N=1).
    (ii) [Reserved].
    (b) Specific requirements. The provisions of subpart A of this part 
apply to this section except as modified by this paragraph.
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.  
721.125(a), (b), (c), and (k) are applicable to manufacturers and 
processors of this substance.
    (2) Limitations or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.

0
24. Add Sec.  721.10895 to subpart E to read as follows:


Sec.  721.10895  Fluoroalkyl acrylate copolymer (generic).

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified as fluoroalkyl 
acrylate copolymer (PMN P-15-154) is subject to reporting under this 
section for the significant new uses described in paragraph (a)(2) of 
this section.
    (2) The significant new uses are:
    (i) Hazard communication program. Requirements as specified in 
Sec.  721.72. A significant new use of the substance is any manner or 
method of manufacture or processing associated with any use of the 
substance without providing risk notification as follows:
    (A) If as a result of the test data required under TSCA section 
5(e) consent order for the substance, the employer becomes aware that 
the substance may present a risk of injury to human health or the 
environment, the employer must incorporate this new information, and 
any information on methods for protecting against such risk, into a 
MSDS as described in Sec.  721.72(c) within 90 days from the time the 
employer becomes aware of the new information. If the substance is not 
being manufactured, processed, or used in the employer's workplace, the 
employer must add the new information to a MSDS before the substance is 
reintroduced into the workplace.
    (B) The employer must ensure that persons who will receive the PMN 
substance from the employer, or who have received the PMN substance 
from the employer within 5 years from the date the employer becomes 
aware of the new information described in paragraph (a)(2)(i)(A) of 
this section, are provided an MSDS containing the information required 
under paragraph (a)(2)(i)(A) of this section within 90 days from the 
time the employer becomes aware of the new information.
    (ii) Industrial, commercial, and consumer activities. Requirements 
as specified in Sec.  721.80(k) (analysis and reporting and limitations 
of maximum impurity levels of certain fluorinated impurities), and (q).
    (b) Specific requirements. The provisions of subpart A of this part 
apply to this section except as modified by this paragraph.
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.  
721.125(a) through (e) and (i) are applicable to manufacturers and 
processors of this substance.
    (2) Limitations or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.
    (3) Determining whether a specific use is subject to this section. 
The provisions of Sec.  721.1725(b)(1) apply to paragraph (a)(2)(ii) of 
this section.

0
25. Add Sec.  721.10896 to subpart E to read as follows:

[[Page 30475]]

Sec.  721.10896  1-Hexanol, 6-mercapto-.

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified as 1-hexanol, 6-
mercapto-. (PMN P-15-176; CAS No.1633-78-9) is subject to reporting 
under this section for the significant new uses described in paragraph 
(a)(2) of this section.
    (2) The significant new uses are:
    (i) Release to water. Requirements as specified in Sec.  
721.90(a)(4), (b)(4), and (c)(4) (N=8).
    (ii) [Reserved].
    (b) Specific requirements. The provisions of subpart A of this part 
apply to this section except as modified by this paragraph.
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.  
721.125(a), (b), (c), and (k) are applicable to manufacturers and 
processors of this substance.
    (2) Limitations or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.

0
26. Add Sec.  721.10897 to subpart E to read as follows:


Sec.  721.10897  Phenol, 2,2'-[1,2-disubstituted-1,2-
ethanediyl]bis(iminomethylene)bis[substituted- (generic).

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance generically identified 
generically as phenol, 2,2'-[1,2-disubstituted-1,2-
ethanediyl]bis(iminomethylene)bis[substituted- (PMN P-15-177) is 
subject to reporting under this section for the significant new uses 
described in paragraph (a)(2) of this section.
    (2) The significant new uses are:
    (i) Protection in the workplace. Requirements as specified in Sec.  
721.63(a)(1), (a)(2)(i), (a)(2)(ii), and (a)(3).
    (ii) Industrial, commercial, and consumer activities. Requirements 
as specified in Sec.  721.80(j).
    (b) Specific requirements. The provisions of subpart A of this part 
apply to this section except as modified by this paragraph.
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.  
721.125(a), (b), (c), (d), (e), and (i) are applicable to manufacturers 
and processors of this substance.
    (2) Limitations or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.
    (3) Determining whether a specific use is subject to this section. 
The provisions of Sec.  721.1725(b)(1) apply to paragraph (a)(2)(ii) of 
this section.

0
27. Add Sec.  721.10898 to subpart E to read as follows:


Sec.  721.10898  Carbomonocycles, polymer with substituted 
heteromonocycle, succinate, methyl acrylate (generic).

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified generically as 
carbomonocycles, polymer with substituted heteromonocycle, succinate, 
methyl acrylate (PMN P-15-188) is subject to reporting under this 
section for the significant new uses described in paragraph (a)(2) of 
this section.
    (2) The significant new uses are:
    (i) Industrial, commercial, and consumer activities. Requirements 
as specified in Sec.  721.80. A significant new use of the substance is 
any use other than as a pigment-wetting resin for UV-curable coatings.
    (ii) [Reserved].
    (b) Specific requirements. The provisions of subpart A of this part 
apply to this section except as modified by this paragraph.
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.  
721.125(a), (b), (c), and (i) are applicable to manufacturers and 
processors of this substance.
    (2) Limitations or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.

0
28. Add Sec.  721.10899 to subpart E to read as follows:


Sec.  721.10899  Halogenated alkyl trimethylaminium halide (generic).

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified generically as 
halogenated alkyl trimethylaminium halide (PMN P-15-190) is subject to 
reporting under this section for the significant new uses described in 
paragraph (a)(2) of this section.
    (2) The significant new uses are:
    (i) Protection in the workplace. Requirements as specified in Sec.  
721.63(a)(4), (a)(6)(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)(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 National Institute for 
Occupational Safety and Health (NIOSH)-certified respirators with an 
assigned protection factor (APF) of at least 10 meet the requirements 
of Sec.  721.63(a)(4):
    (A) NIOSH-certified power air- purifying respirator with a hood or 
helmet and with appropriate gas/vapor (acid gas, organic vapor, or 
substance specific) cartridges in combination with HEPA filters.
    (B) NIOSH-certified continuous flow supplied-air respirator 
equipped with a loose fitting facepiece, hood, or helmet.
    (C) NIOSH-certified negative pressure (demand) supplied-air 
respirator with a full facepiece.
    (ii) Release to water. Requirements as specified in Sec.  
721.90(a)(4), (b)(4), and (c)(4) (N=88).
    (b) Specific requirements. The provisions of subpart A of this part 
apply to this section except as modified by this paragraph.
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.  
721.125(a), (b), (c), (d), and (k) are applicable to manufacturers and 
processors of this substance.
    (2) Limitations or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.

0
29. Add Sec.  721.10900 to subpart E to read as follows:


Sec.  721.10900  Titanium salt, reaction products with silica 
(generic).

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified generically as 
titanium salt, reaction products with silica (PMN P-15-252) is subject 
to reporting under this section for the significant new uses described 
in paragraph (a)(2) of this section.
    (2) The significant new uses are:
    (i) Protection in the workplace. Requirements as specified in Sec.  
721.63(a)(4), (a)(6)(i), (a)(6)(ii), 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 National Institute for Occupational 
Safety and Health (NIOSH)-certified respirators with an assigned 
protection factor (APF) of at least 10 meet the requirements of Sec.  
721.63(a)(4):
    (A) NIOSH-certified air-purifying elastomeric half-mask respirator 
equipped with N100 (if oil aerosols absent), R100, or P100 filters.
    (B) NIOSH-certified N100 (if oil aerosols absent), R100, or P100 
filtering facepiece respirator.

[[Page 30476]]

    (ii) Industrial, commercial, and consumer activities. Requirements 
as specified in Sec.  721.80(g).
    (ii) [Reserved].
    (b) Specific requirements. The provisions of subpart A of this part 
apply to this section except as modified by this paragraph.
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.  
721.125(a) through (d) and (i) are applicable to manufacturers and 
processors of this substance.
    (2) Limitations or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.

0
30. Add Sec.  721.10901 to subpart E to read as follows:


Sec.  721.10901  Formaldehyde, reaction products with aniline and 
aromatic mono- and di-phenol mixture (generic).

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified generically as 
formaldehyde, reaction products with aniline and aromatic mono- and di-
phenol mixture (PMN P-15-272) is subject to reporting under this 
section for the significant new uses described in paragraph (a)(2) of 
this section.
    (2) The significant new uses are:
    (i) Release to water. Requirements as specified in Sec.  
721.90(a)(4), (b)(4), and (c)(4) (N=1).
    (ii) [Reserved].
    (b) Specific requirements. The provisions of subpart A of this part 
apply to this section except as modified by this paragraph.
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.  
721.125(a), (b), (c), and (k) are applicable to manufacturers and 
processors of this substance.
    (2) Limitations or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.

0
31. Add Sec.  721.10902 to subpart E to read as follows:


Sec.  721.10902  Functionalized carbon nanotubes (generic).

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified generically as 
functionalized carbon nanotubes (PMN P-15-276) 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 PMN substance after it has been completely reacted 
(cured).
    (2) The significant new uses are:
    (i) Protection in the workplace. Requirements as specified in Sec.  
721.63(a)(1), (a)(2)(i), and (a)(3). 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.
    (ii) Industrial, commercial, and consumer activities. Requirements 
as specified in Sec.  721.80. A significant new use is manufacture, 
process, or use of the PMN substance other than in a liquid 
formulation. A significant new use is use other than as a thin film for 
electronic device applications or any use involving an application 
method that generates a vapor, mist, or aerosol unless such application 
method occurs in an enclosed process. An enclosed process is defined as 
an operation that is designed and operated so that there is no release 
associated with normal or routine production processes into the 
environment of any substance present in the operation. An operation 
with inadvertent or emergency pressure relief releases remains an 
enclosed process so long as measures are taken to prevent worker 
exposure to and environmental contamination from the releases.
    (iii) Disposal. Requirements as specified in Sec.  721.85(a)(1), 
(a)(2), (b)(1), (b)(2), (c)(1), and (c)(2).
    (iv) Release to water. Requirements as specified in Sec.  
721.90(a)(1), (b)(1), and (c)(1).
    (b) Specific requirements. The provisions of subpart A of this part 
apply to this section except as modified by this paragraph.
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.  
721.125(a) through (e), (i), (j), and (k) are applicable to 
manufacturers and processors of this substance.
    (2) Limitations or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.

0
32. Add Sec.  721.10903 to subpart E to read as follows:


Sec.  721.10903  Acrylated mixed metal oxides (generic).

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified generically as 
acrylated mixed metal oxides (PMN P-15-295) is subject to reporting 
under this section for the significant new uses described in paragraph 
(a)(2) of this section. The requirements of this section do not apply 
to quantities of the PMN substance after it has been completely reacted 
(cured).
    (2) The significant new uses are:
    (i) Protection in the workplace. Requirements as specified in Sec.  
721.63(a)(1), (a)(2)(i), and (a)(3). 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.
    (ii) Industrial, commercial, and consumer activities. Requirements 
as specified in Sec.  721.80(v)(1), (v)(2), (w)(1), (w)(2), (x)(1), 
(x)(2), and (y)(1).
    (iii) Disposal. Requirements as specified in Sec.  721.85(a)(1), 
(a)(2), (b)(1), (b)(2), (c)(1), and (c)(2).
    (iv) Release to water. Requirements as specified in Sec.  
721.90(a)(1), (b)(1), and (c)(1).
    (b) Specific requirements. The provisions of subpart A of this part 
apply to this section except as modified by this paragraph.
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.  
721.125(a) through (e), (i), (j), and (k) are applicable to 
manufacturers and processors of this substance.
    (2) Limitations or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.

0
33. Add Sec.  721.10904 to subpart E to read as follows:


Sec.  721.10904  Phenol, 1,1-dimethylalkyl derivatives (generic).

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified generically phenol, 
1,1-dimethylalkyl derivatives (PMN P-15-306) is subject to reporting 
under this section for the significant new uses described in paragraph 
(a)(2) of this section.
    (2) The significant new uses are:
    (i) Release to water. Requirements as specified in Sec.  
721.90(a)(4), (b)(4), and (c)(4) (N=13).
    (ii) [Reserved].
    (b) Specific requirements. The provisions of subpart A of this part 
apply to this section except as modified by this paragraph.
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.  
721.125(a), (b), (c), and (k) are applicable to manufacturers and 
processors of this substance.
    (2) Limitations or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.

[[Page 30477]]


0
34. Add Sec.  721.10905 to subpart E to read as follows:


Sec.  721.10905  Butanedioic acid, 2-methylene-, dialkyl ester 
(generic).

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified generically as 
butanedioic acid, 2-methylene-, dialkyl ester (PMN P-15-319) is subject 
to reporting under this section for the significant new uses described 
in paragraph (a)(2) of this section.
    (2) The significant new uses are:
    (i) Release to water. Requirements as specified in Sec.  
721.90(a)(4), (b)(4), and (c)(4) (N=1).
    (ii) [Reserved].
    (b) Specific requirements. The provisions of subpart A of this part 
apply to this section except as modified by this paragraph.
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.  
721.125(a), (b), (c), and (k) are applicable to manufacturers and 
processors of this substance.
    (2) Limitations or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.

0
35. Add Sec.  721.10906 to subpart E to read as follows:


Sec.  721.10906  Magnesium alkaryl sulfonate (generic).

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified generically as 
magnesium alkaryl sulfonate (PMN P-15-324) is subject to reporting 
under this section for the significant new uses described in paragraph 
(a)(2) of this section.
    (2) The significant new uses are:
    (i) Industrial commercial, and consumer activities. Requirements as 
specified in Sec.  721.80. A significant new use of the substance is 
any use other than as a detergent additive in crankcase lubricant 
applications.
    (ii) [Reserved].
    (b) Specific requirements. The provisions of subpart A of this part 
apply to this section except as modified by this paragraph.
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.  
721.125(a), (b), (c), and (i) are applicable to manufacturers and 
processors of this substance.
    (2) Limitations or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.

0
36. Add Sec.  721.10907 to subpart E to read as follows:


Sec.  721.10907  Polyfluorohydrocarbon (generic).

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified generically as 
polyfluorohydrocarbon (PMN P-15-326) is subject to reporting under this 
section for the significant new uses described in paragraph (a)(2) of 
this section.
    (2) The significant new uses are:
    (i) Industrial commercial, and consumer activities. Requirements as 
specified in Sec.  721.80(j) and (o).
    (ii) [Reserved].
    (b) Specific requirements. The provisions of subpart A of this part 
apply to this section except as modified by this paragraph.
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.  
721.125(a), (b), (c), and (i) are applicable to manufacturers and 
processors of this substance.
    (2) Limitations or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.
    (3) Determining whether a specific use is subject to this section. 
The provisions of Sec.  721.1725(b)(1) apply to paragraph (a)(2)(i) of 
this section.

0
37. Add Sec.  721.10908 to subpart E to read as follows:


Sec.  721.10908  Aluminum calcium oxide salt (generic).

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified generically as 
aluminum calcium oxide salt (PMN P-15-328) is subject to reporting 
under this section for the significant new uses described in paragraph 
(a)(2) of this section. The requirements of this section do not apply 
to quantities of the PMN substance after it has been completely reacted 
(cured).
    (2) The significant new uses are:
    (i) Protection in the workplace. Requirements as specified in Sec.  
721.63(a)(4), (a)(6)(ii), (a)(6)(v), (a)(6)(vi), (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 National Institute for 
Occupational Safety and Health (NIOSH)-certified respirators with an 
Assigned Protection Factor (APF) of at least 10 meet the requirements 
of Sec.  721.63(a)(4):
    (A) NIOSH-certified power air-purifying respirator with a hood or 
helmet and with appropriate gas/vapor (acid gas, organic vapor, or 
substance specific) cartridges in combination with HEPA filters.
    (B) NIOSH-certified continuous flow supplied-air respirator 
equipped with a loose fitting face piece, hood, or helmet.
    (C) NIOSH-certified negative pressure (demand) supplied-air 
respirator with a full face piece.
    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 this substance. The NCEL is 5 mg/m\3\ as an 8-hour 
time weighted average verified by actual monitoring data.
    (ii) Hazard communication program. Requirements as specified in 
Sec.  721.72(a) trhough (f)(concentration set at 1.0 percent), 
(g)(1)(ii), (g)(2)(When using this substance avoid breathing the 
substance, and use respiratory protection, or maintain workplace 
airborne concentrations at or below an 8-hour time-weighted average of 
5 mg/m\3\.) and (g)(5).
    (iii) Industrial, commercial, and consumer activities. Requirements 
as specified in Sec.  721.80(k).
    (b) Specific requirements. The provisions of subpart A of this part 
apply to this section except as modified by this paragraph.
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.  
721.125(a) through (d) and (f) through and (i) are applicable to 
manufacturers and processors of this substance.
    (2) Limitations or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.
    (3) Determining whether a specific use is subject to this section. 
The provisions of Sec.  721.1725(b)(1) apply to paragraph (a)(2)(iii) 
of this section.

0
38. Add Sec.  721.10909 to subpart E to read as follows:


Sec.  721.10909  Polyalkyltrisiloxane (generic).

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified generically as 
polyalkyltrisiloxane (PMN P-15-332) is subject to reporting under this 
section for the significant new uses described in paragraph (a)(2) of 
this section.
    (2) The significant new uses are:
    (i) Protection in the workplace. Requirements as specified in Sec.  
721.63(a)(1), (a)(2)(i), (a)(3), (a)(4), (a)(6)(i), (b)(concentration 
set at 1.0 percent), and (c). When determining

[[Page 30478]]

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 National Institute for Occupational 
Safety and Health (NIOSH)-certified respirators with an assigned 
protection factor (APF) of at least 10 meet the requirements of Sec.  
721.63(a)(4):
    (A) NIOSH-certified power air- purifying respirator with a hood or 
helmet and with appropriate gas/vapor (acid gas, organic vapor, or 
substance specific) cartridges in combination with HEPA filters.
    (B) NIOSH-certified continuous flow supplied-air respirator 
equipped with a loose fitting facepiece, hood, or helmet.
    (C) NIOSH-certified negative pressure (demand) supplied-air 
respirator with a full facepiece.
    (ii) Industrial commercial, and consumer activities. Requirements 
as specified in Sec.  721.80(h).
    (iii) Release to water. Requirements as specified in Sec.  
721.90(a)(4), (b)(4), and (c)(4) (N=4).
    (b) Specific requirements. The provisions of subpart A of this part 
apply to this section except as modified by this paragraph.
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.  
721.125(a) through (e), (i), and (k) are applicable to manufacturers 
and processors of this substance.
    (2) Limitations or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.

0
39. Add Sec.  721.10910 to subpart E to read as follows:


Sec.  721.10910  Oxirane, 2,2'-[[1-[4-[1-methyl-1-[4-(2-
oxiranylmethoxy)phenyl]ethyl]phenyl]ethylidene]bis(4,1-
phenyleneoxymethylene)]bis- (P-15-356, Chemical A).

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified as oxirane, 2,2'-[[1-
[4-[1-methyl-1-[4-(2-
oxiranylmethoxy)phenyl]ethyl]phenyl]ethylidene]bis(4,1-
phenyleneoxymethylene)]bis- (PMN P-15-356, Chemical A; CAS No. 115254-
47-2) is subject to reporting under this section for the significant 
new uses described in paragraph (a)(2) of this section.
    (2) The significant new uses are:
    (i) Industrial, commercial and consumer activities. Requirements as 
specified in Sec.  721.80. A significant new use of the substance is 
any use other than as an additive in polymer formulation for 
electronics.
    (ii) Release to water. Requirements as specified in Sec.  
721.90(a)(1), (b)(1), and (c)(1).
    (b) Specific requirements. The provisions of subpart A of this part 
apply to this section except as modified by this paragraph.
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.  
721.125(a), (b), (c), (i), and (k) are applicable to manufacturers and 
processors of this substance.
    (2) Limitations or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.

0
40. Add Sec.  721.10911 to subpart E to read as follows:


Sec.  721.10911  2-Propanol, 1,3-bis[4-[1-[4-[1-methyl-1-[4-(2-
oxiranylmethoxy)phenyl]ethyl]phenyl]-1-[4-(2-
oxiranylmethoxy)phenyl]ethyl]phenoxy]- (P-15-356, Chemical B).

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified as 2-propanol, 1,3-
bis[4-[1-[4-[1-methyl-1-[4-(2-oxiranylmethoxy)phenyl]ethyl]phenyl]-1-
[4-(2-oxiranylmethoxy)phenyl]ethyl]phenoxy]- (PMN P-15-356, Chemical B; 
CAS No. 180063-56-3) is subject to reporting under this section for the 
significant new uses described in paragraph (a)(2) of this section.
    (2) The significant new uses are:
    (i) Industrial, commercial and consumer activities. Requirements as 
specified in Sec.  721.80. A significant new use of the substance is 
any use other than as an additive in polymer formulation for 
electronics.
    (ii) Release to water. Requirements as specified in Sec.  
721.90(a)(1), (b)(1), and (c)(1).
    (b) Specific requirements. The provisions of subpart A of this part 
apply to this section except as modified by this paragraph.
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.  
721.125(a), (b), (c), (i), and (k) are applicable to manufacturers and 
processors of this substance.
    (2) Limitations or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.

0
41. Add Sec.  721.10912 to subpart E to read as follows:


Sec.  721.10912  Aliphatic acrylate (generic).

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified generically as 
aliphatic acrylate (PMN P-15-363) is subject to reporting under this 
section for the significant new uses described in paragraph (a)(2) of 
this section.
    (2) The significant new uses are:
    (i) Release to water. Requirements as specified in Sec.  
721.90(a)(4), (b)(4), and (c)(4) (N=1).
    (ii) [Reserved].
    (b) Specific requirements. The provisions of subpart A of this part 
apply to this section except as modified by this paragraph.
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.  
721.125(a), (b), (c), and (k) are applicable to manufacturers and 
processors of this substance.
    (2) Limitations or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.

0
42. Add Sec.  721.10913 to subpart E to read as follows:


Sec.  721.10913  Diisocyanato hexane, homopolymer, alkanoic acid-
polyalkylene glycol ether with substituted alkane (3:1) reaction 
products-blocked (generic).

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified generically as 
diisocyanato hexane, homopolymer, alkanoic acid-polyalkylene glycol 
ether with substituted alkane (3:1) reaction products-blocked (PMN P-
15-378) is subject to reporting under this section for the significant 
new uses described in paragraph (a)(2) of this section.
    (2) The significant new uses are:
    (i) Protection in the workplace. Requirements as specified in Sec.  
721.63(a)(4), (a)(6)(ii), 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 
National Institute for Occupational Safety and Health (NIOSH)-certified 
respirators with an assigned protection factor (APF) of at least 10 
meet the requirements of Sec.  721.63(a)(4):
    (A) NIOSH-certified power air-purifying respirator with a hood or 
helmet and with appropriate gas/vapor (acid gas, organic vapor, or 
substance specific) cartridges in combination with HEPA filters.
    (B) NIOSH-certified continuous flow supplied-air respirator 
equipped with a loose fitting facepiece, hood, or helmet.

[[Page 30479]]

    (C) NIOSH-certified negative pressure (demand) supplied-air 
respirator with a full facepiece.
    (ii) Industrial, commercial, and consumer activities. Requirements 
as specified in Sec.  721.80(o).
    (b) Specific requirements. The provisions of subpart A of this part 
apply to this section except as modified by this paragraph.
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.  
721.125(a) through (d) and (i) are applicable to manufacturers and 
processors of this substance.
    (2) Limitations or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.

0
43. Add Sec.  721.10914 to subpart E to read as follows:


Sec.  721.10914  Polyitaconic acid, sodium zinc salt (generic).

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified generically as 
polyitaconic acid, sodium zinc salt (PMN P-15-382) is subject to 
reporting under this section for the significant new uses described in 
paragraph (a)(2) of this section.
    (2) The significant new uses are:
    (i) Industrial commercial, and consumer activities. Requirements as 
specified in Sec.  721.80. A significant new use of the substance is 
any use other than as an odor neutralization for pet litter and 
cleaning hard surface surfaces, fabrics, skin and hair; an odor 
neutralization for air car; and an odor neutralization for waste 
processing and solid waste management in paper, oil, gas, mining, 
agriculture, food and municipal industries.
    (ii) [Reserved].
    (b) Specific requirements. The provisions of subpart A of this part 
apply to this section except as modified by this paragraph.
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.  
721.125(a), (b), (c), and (i) are applicable to manufacturers and 
processors of this substance.
    (2) Limitations or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.

0
44. Add Sec.  721.10915 to subpart E to read as follows:


Sec.  721.10915  Fatty acid esters with polyols polyalkyl ethers 
(generic).

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified generically as fatty 
acid esters with polyols polyalkyl ethers (PMN P-15-411) is subject to 
reporting under this section for the significant new uses described in 
paragraph (a)(2) of this section.
    (2) The significant new uses are:
    (i) Release to water. Requirements as specified in Sec.  
721.90(a)(4), (b)(4), and (c)(4) (N=30).
    (ii) [Reserved].
    (b) Specific requirements. The provisions of subpart A of this part 
apply to this section except as modified by this paragraph.
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.  
721.125(a), (b), (c), and (k) are applicable to manufacturers and 
processors of this substance.
    (2) Limitations or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.

0
45. Add Sec.  721.10916 to subpart E to read as follows:


Sec.  721.10916  2,7-Naphthalenedisulfonic acid, 4-amino-3-
[substituted]-5-hydroxy-6-[(1E)-2-phenyldiazenyl]-, lithium salt (1:3) 
(generic).

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified generically as 2,7-
naphthalenedisulfonic acid, 4-amino-3-[substituted]-5-hydroxy-6-[(1E)-
2-phenyldiazenyl]-, lithium salt (1:3) (PMN P-15-435) is subject to 
reporting under this section for the significant new uses described in 
paragraph (a)(2) of this section.
    (2) The significant new uses are:
    (i) Industrial, commercial, and consumer activities. Requirements 
as specified in Sec.  721.80. A significant new use of the substance is 
any use other that in a liquid formulation.
    (ii) [Reserved].
    (b) Specific requirements. The provisions of subpart A of this part 
apply to this section except as modified by this paragraph.
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.  
721.125(a), (b), (c), and (i) are applicable to manufacturers and 
processors of these substances.
    (2) Limitations or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.

0
46. Add Sec.  721.10917 to subpart E to read as follows:


Sec.  721.10917  Polymethylsiloxane, distillation residues (generic).

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified generically as 
polymethylsiloxane, distillation residues (PMN P-15-492) is subject to 
reporting under this section for the significant new uses described in 
paragraph (a)(2) of this section.
    (2) The significant new uses are:
    (i) Protection in the workplace. Requirements as specified in Sec.  
721.63(a)(1), (a)(2)(i), (a)(3), (a)(4), (a)(6)(ii), (a)(6)(v), 
(a)(6)(vi), 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 operations, 
general and local ventilation) or administrative control measure (e.g., 
workplace policies and procedures) shall be considered and implemented 
to prevent exposure, where feasible. The following National Institute 
for Occupational Safety and Health (NIOSH)-certified respirator with an 
assigned protection factor (APF) of at least 10 meets the minimum 
requirements for Sec.  721.63(a)(4): NIOSH-certified powered air-
purifying respirator with a hood or helmet and with appropriate gas-
vapor (acid gas, organic vapor, or substance specific) cartridges.
    (ii) Industrial commercial, and consumer activities. Requirements 
as specified in Sec.  721.80(g).
    (iii) Release to water. Requirements as specified in Sec.  
721.90(a)(4), (b)(4), and (c)(4) (N=1).
    (b) Specific requirements. The provisions of subpart A of this part 
apply to this section except as modified by this paragraph.
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.  
721.125(a) through (e), (i), and (k) are applicable to manufacturers 
and processors of this substance.
    (2) Limitations or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.

0
47. Add Sec.  721.10918 to subpart E to read as follows:


Sec.  721.10918  Perfluorobutanesulfonamide and polyoxyalkylene 
containing polyurethane (generic).

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified generically as 
perfluorobutanesulfonamide and polyoxyalkylene containing polyurethane 
(PMN P-15-502) 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 PMN 
substance after it has been completely reacted (cured).
    (2) The significant new uses are:
    (i) Hazard communication program. A significant new use of the 
substance is

[[Page 30480]]

any manner or method of manufacture or processing associated with any 
use of the substance without providing risk notification as follows:
    (A) If as a result of the test data required under TSCA section 
5(e) consent order for the substance, the employer becomes aware that 
the substances may present a risk of injury to human health or the 
environment, the employer must incorporate this new information, and 
any information on methods for protecting against such risk, into a 
MSDS as described in Sec.  721.72(c) within 90 days from the time the 
employer becomes aware of the new information. If the substance is not 
being manufactured, processed, or used in the employer's workplace, the 
employer must add the new information to a MSDS before the substance is 
reintroduced into the workplace.
    (B) The employer must ensure that persons who will receive the PMN 
substance from the employer, or who have received the PMN substance 
from the employer within 5 years from the date the employer becomes 
aware of the new information described in paragraph (a)(2)(i)(A) of 
this section, are provided an MSDS containing the information required 
under paragraph (a)(2)(i)(A) of this section within 90 days from the 
time the employer becomes aware of the new information.
    (ii) Industrial, commercial, and consumer activities. Requirements 
as specified in Sec.  721.80(k).
    (b) Specific requirements. The provisions of subpart A of this part 
apply to this section except as modified by this paragraph.
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.  
721.125(a), (b), (c), (f), (h), and (i) are applicable to manufacturers 
and processors of this substance.
    (2) Limitations or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.
    (3) Determining whether a specific use is subject to this section. 
The provisions of Sec.  721.1725(b)(1) apply to paragraph (a)(2)(ii) of 
this section.

0
48. Add Sec.  721.10919 to subpart E to read as follows:


Sec.  721.10919  Quaternary ammonium compounds, (3-chloro-2-
hydroxypropyl)coco alkyldimethyl, chlorides.

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified as quaternary ammonium 
compounds, (3-chloro-2-hydroxypropyl)coco alkyldimethyl, chlorides (PMN 
P-15-542; CAS No. 690995-44-9) is subject to reporting under this 
section for the significant new uses described in paragraph (a)(2) of 
this section.
    (2) The significant new uses are:
    (i) Release to water. Requirements as specified in Sec.  
721.90(a)(4), (b)(4), and (c)(4) (N=24).
    (ii) [Reserved].
    (b) Specific requirements. The provisions of subpart A of this part 
apply to this section except as modified by this paragraph.
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.  
721.125(a), (b), (c), and (k) are applicable to manufacturers and 
processors of this substance.
    (2) Limitations or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.

0
49. Add Sec.  721.10920 to subpart E to read as follows:


Sec.  721.10920  Modified diphenylmethane diisocyanate prepolymer with 
polyol (generic).

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified generically as 
modified diphenylmethane diisocyanate prepolymer with polyol (PMN P-15-
559) is subject to reporting under this section for the significant new 
uses described in paragraph (a)(2) of this section.
    (2) The significant new uses are:
    (i) Industrial, commercial, and consumer activities. Requirements 
as specified in Sec.  721.80. A significant new use of the substance is 
manufacture of the substance where the average molecular weight is 
below 7,500 daltons, and where any molecular weight species is below 
1,000 daltons.
    (ii) [Reserved].
    (b) Specific requirements. The provisions of subpart A of this part 
apply to this section except as modified by this paragraph.
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.  
721.125(a), (b), (c), and (i) are applicable to manufacturers and 
processors of this substance.
    (2) Limitations or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.

0
50. Add Sec.  721.10921 to subpart E to read as follows:


Sec.  721.10921  2-Furancarboxyaldehyde, 5-(chloromethyl)-.

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified as 2-
furancarboxyaldehyde, 5-(chloromethyl)- (PMN P-15-573; CAS No. 1623-88-
7) is subject to reporting under this section for the significant new 
uses described in paragraph (a)(2) of this section.
    (2) The significant new uses are:
    (i) Protection in the workplace. Requirements as specified in Sec.  
721.63(a)(1), (a)(2)(i), (a)(3), (a)(4), (a)(6)(v), 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 National Institute for 
Occupational Safety and Health (NIOSH)-certified respirators with an 
assigned protection factor (APF) of at least 50 meet the requirements 
of Sec.  721.63(a)(4):
    (A) NIOSH-certified powered air-purifying respirator with a tight-
fitting half mask and HEPA filters.
    (B) NIOSH-certified continuous flow supplied-air respirator 
equipped with a tight-fitting half mask.
    (C) NIOSH-certified negative pressure (demand) supplied-air 
respirator equipped with a full facepiece.
    (ii) Industrial commercial, and consumer activities. Requirements 
as specified in Sec.  721.80(g) (chemical intermediate use in a 
continuous reaction process such that no greater than 50 kilograms is 
present in the workplace at a given time) and (s)(15,000 kilograms).
    (b) Specific requirements. The provisions of subpart A of this part 
apply to this section except as modified by this paragraph.
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.  
721.125(a) through (e) and (i) are applicable to manufacturers and 
processors of this substance.
    (2) Limitations or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.

0
51. Add Sec.  721.10922 to subpart E to read as follows:


Sec.  721.10922  1,2,4,5,7,8-Hexoxonane, 3,6,9-trimethyl-, 3,6,9-
tris(alkyl) derivs. (generic).

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified generically as 
11,2,4,5,7,8-hexoxonane, 3,6,9-trimethyl-, 3,6,9-tris(alkyl) derivs. 
(PMN P-15-607) is subject to reporting under this section for the 
significant new uses described in paragraph (a)(2) of this section.

[[Page 30481]]

    (2) The significant new uses are:
    (i) Industrial commercial, and consumer activities. Requirements as 
specified in Sec.  721.80(j).
    (ii) [Reserved].
    (b) Specific requirements. The provisions of subpart A of this part 
apply to this section except as modified by this paragraph.
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.  
721.125(a), (b), (c), and (i) are applicable to manufacturers and 
processors of this substance.
    (2) Limitations or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.
    (3) Determining whether a specific use is subject to this section. 
The provisions of Sec.  721.1725(b)(1) apply to paragraph (a)(2)(i) of 
this section.

0
52. Add Sec.  721.10923 to subpart E to read as follows:


Sec.  721.10923  9-Octadecen-1-amine, hydrochloride (1:1), (9Z)-.

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified as 9-octadecen-1-
amine, hydrochloride (1:1), (9Z)- (PMN P-15-671; CAS No. 41130-29-4) is 
subject to reporting under this section for the significant new uses 
described in paragraph (a)(2) of this section.
    (2) The significant new uses are:
    (i) Release to water. Requirements as specified in Sec.  
721.90(a)(4), (b)(4), and (c)(4) (N=1).
    (ii) [Reserved].
    (b) Specific requirements. The provisions of subpart A of this part 
apply to this section except as modified by this paragraph.
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.  
721.125(a), (b), (c), and (k) are applicable to manufacturers and 
processors of this substance.
    (2) Limitations or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.

0
53. Add Sec.  721.10924 to subpart E to read as follows:


Sec.  721.10924  Vegetable fatty acid alkyl esters (generic).

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substances identified generically as 
vegetable fatty acid alkyl esters (PMNs P-15-689 and P-15-690) are 
subject to reporting under this section for the significant new uses 
described in paragraph (a)(2) of this section.
    (2) The significant new uses are:
    (i) Industrial, commercial, and consumer activities. Requirements 
as specified in Sec.  721.80(g).
    (ii) [Reserved].
    (b) Specific requirements. The provisions of subpart A of this part 
apply to this section except as modified by this paragraph.
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.  
721.125(a), (b), (c), and (i) are applicable to manufacturers and 
processors of these substances.
    (2) Limitations or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.

[FR Doc. 2016-11121 Filed 5-13-16; 8:45 am]
 BILLING CODE 6560-50-P



                                                                                                       Vol. 81                           Monday,
                                                                                                       No. 94                            May 16, 2016




                                                                                                       Part III


                                                                                                       Environmental Protection Agency
                                                                                                       40 CFR Parts 9 and 721
                                                                                                       Significant New Use Rules on Certain Chemical Substances; Final Rule
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                                                  30452               Federal Register / Vol. 81, No. 94 / Monday, May 16, 2016 / Rules and Regulations

                                                  ENVIRONMENTAL PROTECTION                                   • Mail: Document Control Office                    addition, any persons who export or
                                                  AGENCY                                                  (7407M), Office of Pollution Prevention               intend to export a chemical substance
                                                                                                          and Toxics (OPPT), Environmental                      that is the subject of a proposed or final
                                                  40 CFR Parts 9 and 721                                  Protection Agency, 1200 Pennsylvania                  rule are subject to the export
                                                                                                          Ave. NW., Washington, DC 20460–0001.                  notification provisions of TSCA section
                                                  [EPA–HQ–OPPT–2015–0810; FRL–9944–77]                       • Hand Delivery: To make special                   12(b) (15 U.S.C. 2611(b)) (see § 721.20),
                                                                                                          arrangements for hand delivery or                     and must comply with the export
                                                  RIN 2070–AB27
                                                                                                          delivery of boxed information, please                 notification requirements in 40 CFR part
                                                  Significant New Use Rules on Certain                    follow the instructions at http://                    707, subpart D.
                                                  Chemical Substances                                     www.epa.gov/dockets/contacts.html.
                                                                                                             Additional instructions on                         B. What should I consider as I prepare
                                                  AGENCY: Environmental Protection                        commenting or visiting the docket,                    my comments for EPA?
                                                  Agency (EPA).                                           along with more information about                        1. Submitting CBI. Do not submit this
                                                  ACTION: Direct final rule.                              dockets generally, is available at http://            information to EPA through
                                                                                                          www.epa.gov/dockets.                                  regulations.gov or email. Clearly mark
                                                  SUMMARY:    EPA is promulgating                         FOR FURTHER INFORMATION CONTACT:                      the part or all of the information that
                                                  significant new use rules (SNURs) under                    For technical information contact:                 you claim to be CBI. For CBI
                                                  the Toxic Substances Control Act                        Kenneth Moss, Chemical Control                        information in a disk or CD–ROM that
                                                  (TSCA) for 55 chemical substances                       Division (7405M), Office of Pollution                 you mail to EPA, mark the outside of the
                                                  which were the subject of                               Prevention and Toxics, Environmental                  disk or CD–ROM as CBI and then
                                                  premanufacture notices (PMNs). Ten of                   Protection Agency, 1200 Pennsylvania                  identify electronically within the disk or
                                                  these chemical substances are subject to                Ave. NW., Washington, DC 20460–0001;                  CD–ROM the specific information that
                                                  TSCA section 5(e) consent orders issued                 telephone number: (202) 564–9232;                     is claimed as CBI. In addition to one
                                                  by EPA. This action requires persons                    email address: Moss.Kenneth@epa.gov.                  complete version of the comment that
                                                  who intend to manufacture (defined by                      For general information contact: The               includes information claimed as CBI, a
                                                  statute to include import) or process any               TSCA-Hotline, ABVI-Goodwill, 422                      copy of the comment that does not
                                                  of these 55 chemical substances for an                  South Clinton Ave., Rochester, NY                     contain the information claimed as CBI
                                                  activity that is designated as a                        14620; telephone number: (202) 554–                   must be submitted for inclusion in the
                                                  significant new use by this rule to notify              1404; email address: TSCA-Hotline@                    public docket. Information so marked
                                                  EPA at least 90 days before commencing                  epa.gov.                                              will not be disclosed except in
                                                  that activity. The required notification                SUPPLEMENTARY INFORMATION:                            accordance with procedures set forth in
                                                  will provide EPA with the opportunity                                                                         40 CFR part 2.
                                                  to evaluate the intended use and, if                    I. General Information                                   2. Tips for preparing your comments.
                                                  necessary, to prohibit or limit that                    A. Does this action apply to me?                      When preparing and submitting your
                                                  activity before it occurs.                                                                                    comments, see the commenting tips at
                                                                                                             You may be potentially affected by
                                                  DATES: This rule is effective on July 15,                                                                     http://www.epa.gov/dockets/
                                                                                                          this action if you manufacture (defined
                                                  2016. For purposes of judicial review,                                                                        comments.html.
                                                                                                          by statute to include import), process, or
                                                  this rule shall be promulgated at 1 p.m.                use the chemical substances contained                 II. Background
                                                  (e.s.t.) on May 31, 2016.                               in this rule. The following list of North
                                                     Written adverse or critical comments,                                                                      A. What action is the Agency taking?
                                                                                                          American Industrial Classification
                                                  or notice of intent to submit adverse or                System (NAICS) codes is not intended                     EPA is promulgating these SNURs
                                                  critical comments, on one or more of                    to be exhaustive, but rather provides a               using direct final procedures. These
                                                  these SNURs must be received on or                      guide to help readers determine whether               SNURs will require persons to notify
                                                  before June 15, 2016 (see Unit VI. of the               this document applies to them.                        EPA at least 90 days before commencing
                                                  SUPPLEMENTARY INFORMATION). If EPA                      Potentially affected entities may                     the manufacture or processing of a
                                                  receives written adverse or critical                    include:                                              chemical substance for any activity
                                                  comments, or notice of intent to submit                    • Manufacturers, or processors of one              designated by these SNURs as a
                                                  adverse or critical comments, on one or                 or more subject chemical substances                   significant new use. Receipt of such
                                                  more of these SNURs before June 15,                     (NAICS codes 325 and 324110), e.g.,                   notices allows EPA to assess risks that
                                                  2016, EPA will withdraw the relevant                    chemical manufacturing and petroleum                  may be presented by the intended uses
                                                  sections of this direct final rule before               refineries.                                           and, if appropriate, to regulate the
                                                  its effective date.                                        This action may also affect certain                proposed use before it occurs.
                                                     For additional information on related                entities through pre-existing import                  Additional rationale and background to
                                                  reporting requirement dates, see Units                  certification and export notification                 these rules are more fully set out in the
                                                  I.A., VI., and VII. of the SUPPLEMENTARY                rules under TSCA. Chemical importers                  preamble to EPA’s first direct final
                                                  INFORMATION.                                            are subject to the TSCA section 13 (15                SNUR published in the Federal Register
                                                  ADDRESSES: Submit your comments,                        U.S.C. 2612) import certification                     issue of April 24, 1990 (55 FR 17376)
                                                  identified by docket identification (ID)                requirements promulgated at 19 CFR                    (FRL–3658–5). Consult that preamble
                                                  number EPA–HQ–OPPT–2015–0810, by                        12.118 through 12.127 and 19 CFR                      for further information on the
                                                  one of the following methods:                           127.28. Chemical importers must certify               objectives, rationale, and procedures for
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                                                     • Federal eRulemaking Portal: http://                that the shipment of the chemical                     SNURs and on the basis for significant
                                                  www.regulations.gov. Follow the online                  substance complies with all applicable                new use designations, including
                                                  instructions for submitting comments.                   rules and orders under TSCA. Importers                provisions for developing test data.
                                                  Do not submit electronically any                        of chemicals subject to these SNURs
                                                  information you consider to be                          must certify their compliance with the                B. What is the Agency’s authority for
                                                  Confidential Business Information (CBI)                 SNUR requirements. The EPA policy in                  taking this action?
                                                  or other information whose disclosure is                support of import certification appears                 Section 5(a)(2) of TSCA (15 U.S.C.
                                                  restricted by statute.                                  at 40 CFR part 707, subpart B. In                     2604(a)(2)) authorizes EPA to determine


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                                                                      Federal Register / Vol. 81, No. 94 / Monday, May 16, 2016 / Rules and Regulations                                           30453

                                                  that a use of a chemical substance is a                 statute authorized EPA to consider any                protective measures required in the
                                                  ‘‘significant new use.’’ EPA must make                  other relevant factors.                               corresponding consent orders.
                                                  this determination by rule after                          To determine what would constitute a                   Where EPA determined that the PMN
                                                  considering all relevant factors,                       significant new use for the 55 chemical               substance may present an unreasonable
                                                  including the four bulleted TSCA                        substances that are the subject of these              risk of injury to human health via
                                                  section 5(a)(2) factors listed in Unit III.             SNURs, EPA considered relevant                        inhalation exposure, the underlying
                                                  Once EPA determines that a use of a                     information about the toxicity of the                 TSCA section 5(e) consent order usually
                                                  chemical substance is a significant new                 chemical substances, likely human                     requires, among other things, that
                                                  use, TSCA section 5(a)(1)(B) requires                   exposures and environmental releases                  potentially exposed employees wear
                                                  persons to submit a significant new use                 associated with possible uses, and the                specified respirators unless actual
                                                  notice (SNUN) to EPA at least 90 days                   four bulleted TSCA section 5(a)(2)                    measurements of the workplace air
                                                  before they manufacture or process the                  factors listed in this unit.                          show that air-borne concentrations of
                                                  chemical substance for that use. Persons                                                                      the PMN substance are below a New
                                                                                                          IV. Substances Subject to This Rule                   Chemical Exposure Limit (NCEL) that is
                                                  who must report are described in
                                                  § 721.5.                                                   EPA is establishing significant new                established by EPA to provide adequate
                                                                                                          use and recordkeeping requirements for                protection to human health. In addition
                                                  C. Applicability of General Provisions                                                                        to the actual NCEL concentration, the
                                                                                                          55 chemical substances in 40 CFR part
                                                    General provisions for SNURs appear                   721, subpart E. In this unit, EPA                     comprehensive NCELs provisions in
                                                  in 40 CFR part 721, subpart A. These                    provides the following information for                TSCA section 5(e) consent orders,
                                                  provisions describe persons subject to                  each chemical substance:                              which are modeled after Occupational
                                                  the rule, recordkeeping requirements,                      • PMN number.                                      Safety and Health Administration
                                                  exemptions to reporting requirements,                      • Chemical name (generic name, if                  (OSHA) Permissible Exposure Limits
                                                  and applicability of the rule to uses                   the specific name is claimed as CBI).                 (PELs) provisions, include requirements
                                                  occurring before the effective date of the                 • Chemical Abstracts Service (CAS)                 addressing performance criteria for
                                                  rule. Provisions relating to user fees                  Registry number (assigned for non-                    sampling and analytical methods,
                                                  appear at 40 CFR part 700. According to                 confidential chemical identities).                    periodic monitoring, respiratory
                                                  § 721.1(c), persons subject to these                       • Basis for the TSCA section 5(e)                  protection, and recordkeeping.
                                                  SNURs must comply with the same                         consent order or the basis for the TSCA               However, no comparable NCEL
                                                  SNUN requirements and EPA regulatory                    non-section 5(e) SNURs (i.e., SNURs                   provisions currently exist in 40 CFR
                                                  procedures as submitters of PMNs under                  without TSCA section 5(e) consent                     part 721, subpart B, for SNURs.
                                                  TSCA section 5(a)(1)(A). In particular,                                                                       Therefore, for these cases, the
                                                                                                          orders).
                                                  these requirements include the                                                                                individual SNURs in 40 CFR part 721,
                                                                                                             • Tests recommended by EPA to
                                                  information submission requirements of                                                                        subpart E, will state that persons subject
                                                                                                          provide sufficient information to
                                                  TSCA section 5(b) and 5(d)(1), the                                                                            to the SNUR who wish to pursue NCELs
                                                                                                          evaluate the chemical substance (see
                                                  exemptions authorized by TSCA section                                                                         as an alternative to the § 721.63
                                                                                                          Unit VIII. for more information).
                                                  5(h)(1), (h)(2), (h)(3), and (h)(5), and the                                                                  respirator requirements may request to
                                                                                                             • CFR citation assigned in the                     do so under § 721.30. EPA expects that
                                                  regulations at 40 CFR part 720. Once                    regulatory text section of this rule.
                                                  EPA receives a SNUN, EPA may take                                                                             persons whose § 721.30 requests to use
                                                                                                             The regulatory text section of this rule           the NCELs approach for SNURs are
                                                  regulatory action under TSCA section                    specifies the activities designated as
                                                  5(e), 5(f), 6, or 7 to control the activities                                                                 approved by EPA will be required to
                                                                                                          significant new uses. Certain new uses,               comply with NCELs provisions that are
                                                  for which it has received the SNUN. If                  including production volume limits
                                                  EPA does not take action, EPA is                                                                              comparable to those contained in the
                                                                                                          (i.e., limits on manufacture volume) and              corresponding TSCA section 5(e)
                                                  required under TSCA section 5(g) to                     other uses designated in this rule, may
                                                  explain in the Federal Register its                                                                           consent order for the same chemical
                                                                                                          be claimed as CBI. Unit IX. discusses a               substance.
                                                  reasons for not taking action.                          procedure companies may use to                           This rule also includes SNURs on 45
                                                  III. Significant New Use Determination                  ascertain whether a proposed use                      PMN substances that are not subject to
                                                     Section 5(a)(2) of TSCA states that                  constitutes a significant new use.                    consent orders under TSCA section 5(e).
                                                  EPA’s determination that a use of a                        This rule includes 10 PMN substances               In these cases, for a variety of reasons,
                                                  chemical substance is a significant new                 (P–11–150, P–11–484, P–11–543, P–14–                  EPA did not find that the use scenario
                                                  use must be made after consideration of                 67, P–15–59, P–15–60, P–15–104, P–15–                 described in the PMN triggered the
                                                  all relevant factors, including:                        154, P–15–328, and P–15–502) that are                 determinations set forth under TSCA
                                                     • The projected volume of                            subject to ‘‘risk-based’’ consent orders              section 5(e). However, EPA does believe
                                                  manufacturing and processing of a                       under TSCA section 5(e)(1)(A)(ii)(I)                  that certain changes from the use
                                                  chemical substance.                                     where EPA determined that activities                  scenario described in the PMN could
                                                     • The extent to which a use changes                  associated with the PMN substances                    result in increased exposures, thereby
                                                  the type or form of exposure of human                   may present unreasonable risk to human                constituting a ‘‘significant new use.’’
                                                  beings or the environment to a chemical                 health or the environment. Those                      These so-called ‘‘TSCA non-section 5(e)
                                                  substance.                                              consent orders require protective                     SNURs’’ are promulgated pursuant to
                                                     • The extent to which a use increases                measures to limit exposures or                        § 721.170. EPA has determined that
                                                  the magnitude and duration of exposure                  otherwise mitigate the potential                      every activity designated as a
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                                                  of human beings or the environment to                   unreasonable risk. The so-called ‘‘TSCA               ‘‘significant new use’’ in all TSCA non-
                                                  a chemical substance.                                   section 5(e) SNURs’’ on these PMN                     section 5(e) SNURs issued under
                                                     • The reasonably anticipated manner                  substances are promulgated pursuant to                § 721.170 satisfies the two requirements
                                                  and methods of manufacturing,                           § 721.160, and are based on and                       stipulated in § 721.170(c)(2), i.e., these
                                                  processing, distribution in commerce,                   consistent with the provisions in the                 significant new use activities are
                                                  and disposal of a chemical substance.                   underlying consent orders. The TSCA                   different from those described in the
                                                     In addition to these factors                         section 5(e) SNURs designate as a                     premanufacture notice for the
                                                  enumerated in TSCA section 5(a)(2), the                 ‘‘significant new use’’ the absence of the            substance, including any amendments,


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                                                  30454               Federal Register / Vol. 81, No. 94 / Monday, May 16, 2016 / Rules and Regulations

                                                  deletions, and additions of activities to               cell differential, and cell viability. It is          may present an unreasonable risk of
                                                  the premanufacture notice, and may be                   not necessary to look at internal organs.             injury to the environment and human
                                                  accompanied by changes in exposure or                   EPA recommends that a recovery period                 health, the substances may be produced
                                                  release levels that are significant in                  of 60 days be included to assess the                  in substantial quantities and may
                                                  relation to the health or environmental                 progression or regression of any lesions              reasonably be anticipated to enter the
                                                  concerns identified’’ for the PMN                       would help characterize possible health               environment in substantial quantities,
                                                  substance.                                              effects of the substance. The submitter               and there may be significant (or
                                                                                                          has agreed to complete this testing by                substantial) human exposure to the
                                                  PMN Number P–11–150
                                                                                                          the confidential aggregate production                 substances and their potential
                                                     Chemical name: Alkali transition                     volume identified in the consent order.               degradation products. To protect against
                                                  metal oxide (generic).                                  In addition, EPA has determined that                  these exposures and risks, the consent
                                                     CAS number: Claimed confidential.                    the results of a carcinogenicity test                 order requires:
                                                     Effective date of TSCA section 5(e)                  (OPPTS Test Guideline 870.4200) would                    1. Risk notification. If as a result of
                                                  consent order: April 14, 2015.                          help characterize the potential human                 the test data required, the company
                                                     Basis for TSCA section 5(e) consent                  health effects of the PMN substance.                  becomes aware that the PMN substances
                                                  order: The PMN states that the generic                  The Order does not require this test at               may present a risk of injury to human
                                                  (non-confidential) use of the substance                 any specified time or production                      health or the environment, the company
                                                  will be as a battery material. Based on                 volume. However, the Order’s
                                                  test data on the PMN substance and                                                                            must incorporate this new information,
                                                                                                          restrictions on manufacture, processing,              and any information on methods for
                                                  structural activity relationship (SAR)                  distribution in commerce, use, and
                                                  analysis of test data on analogous                                                                            protecting against such risk into an
                                                                                                          disposal of the PMN substances will                   MSDS, within 90 days.
                                                  respirable, poorly soluble particulates,                remain in effect until the Order is
                                                  subcategory titanium dioxide, EPA                                                                                2. Submission of certain physical/
                                                                                                          modified or revoked by EPA based on                   chemical property, human health and
                                                  identified concerns for lung, blood,                    submission of that or other relevant
                                                  kidney, and adrenal toxicity,                                                                                 environmental toxicity, and
                                                                                                          information.                                          environmental fate testing prior to
                                                  neurotoxicity, developmental toxicity,                     CFR citation: 40 CFR 721.10875.
                                                  developmental neurotoxicity,                                                                                  exceeding the confidential production
                                                  cardiovascular and gastrointestinal                     PMN Numbers P–11–484 and P–11–543                     volume limits specified in the consent
                                                  effects, and immunosuppression. The                                                                           order.
                                                                                                            Chemical names: Perfluoroalkyl
                                                  Order was issued under TSCA sections                                                                             3. Recording and reporting of certain
                                                                                                          substituted alkyl sulfonate (generic) (P–
                                                  5(e)(1)(A)(i) and 5(e)(1)(A)(ii)(I) based                                                                     fluorinated impurities in the starting
                                                                                                          11–484); and Polyfluorinated alkyl
                                                  on a finding that the substance may                                                                           raw material; and manufacture of the
                                                                                                          quaternary ammonium chloride
                                                  present an unreasonable risk of injury to               (generic) (P–11–543).                                 PMN substances not to exceed the
                                                  human health. To protect against these                    CAS numbers: Claimed confidential.                  maximum established impurity levels of
                                                  risks, the consent order requires:                        Effective date of TSCA section 5(e)                 certain fluorinated impurities.
                                                     1. Hazard communication.                             consent order: October 30, 2014.                         4. Use of the PMN substances only for
                                                  Establishment and use of a hazard                         Basis for TSCA section 5(e) consent                 the confidential uses specified in the
                                                  communication program, including                        order: The PMNs state that the generic                consent order, where use in consumer
                                                  human health precautionary statements                   (non-confidential) use of the substances              products that could be spray applied are
                                                  on each label and the Material Safety                   will be as surfactants. Based on physical             prohibited.
                                                  Data Sheet (MSDS).                                      chemical properties data, as well as test                5. Disposal of the PMN substance
                                                     2. Use of personal protective                        data on analogous perfluorinated                      according to the incineration conditions
                                                  equipment including a National                          chemicals and potential perfluorinated                specified in the consent order.
                                                  Institute of Occupational Safety and                    degradation products including                           6. Comply with the release to water
                                                  Health (NIOSH)-certified respirator with                perfluorooctanoic acid (PFOA),                        provisions specified in the consent
                                                  an assigned protection factor (APF) of at               perfluorooctanesulfonate (PFOS),                      order.
                                                  least 10 or compliance with a New                       perfluorohexane sulfonate (PFHS), and                 The SNUR designates as a ‘‘significant
                                                  Chemicals Exposure Limit (NCEL) of 2.4                  1H,1H,2H,2H-perfluorooctanesulfonic                   new use’’ the absence of these protective
                                                  milligrams/cubic meter (mg/m3) as an 8-                 acid (6–2 FTSA), EPA identified                       measures.
                                                  hour time-weighted average, when there                  concerns for irritation to skin, eyes,                   Recommended testing: EPA has
                                                  is potential inhalation exposure.                       lungs, mucous membranes, lung                         determined that the results of certain
                                                     3. Submission of certain toxicity                    toxicity, liver toxicity, blood toxicity,             environmental fate and human health
                                                  testing on the PMN substance prior to                   male reproductive toxicity,                           and environmental toxicity testing
                                                  exceeding the confidential production                   immunosupression, and oncogenicity.                   would help characterize human health
                                                  volume limit as specified in the consent                EPA has concerns that these degradation               and environmental effects of the PMN
                                                  order of the PMN substance.                             products will persist in the                          substances. The submitter has agreed to
                                                  The SNUR designates as a ‘‘significant                  environment, could bioaccumulate or                   conduct the testing identified in the
                                                  new use’’ the absence of these protective               biomagnify, and could be toxic (PBT) to               consent agreement by the confidential
                                                  measures.                                               people, wild mammals, and birds.                      triggers identified in the consent order.
                                                     Recommended testing: EPA has                         Further, based on test data on P–11–484,              Further, EPA has determined that the
                                                  determined that the results of a 90-day                 EPA predicts toxicity to aquatic                      results of an acute inhalation toxicity
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                                                  inhalation toxicity test (OPPTS Test                    organisms may occur at concentrations                 test (OPPTS Test Guideline 870.1300)
                                                  Guideline 870.3465) with special                        that exceed 2,800 and 1 part per billion              and a 90-day inhalation toxicity test
                                                  attention to histopathology                             (ppb) respectively for PMN substances                 (OPPTS Test Guideline 870.3465) with
                                                  (inflammation and cell proliferation) of                P–11–484 and P–11–543 respectively in                 a post-exposure observation period of
                                                  the lung tissues and various parameters                 surface waters. The Order was issued                  up to 3 months and BALF analysis
                                                  of the bronchoalveolar lavage fluid                     under TSCA sections 5(e)(1)(A)(i),                    would help characterize the human
                                                  (BALF) e.g., maker enzyme activities,                   5(e)(1)(A)(ii)(I), and 5(e)(1)(A)(ii)(II)             health effects from spray application of
                                                  total protein content, total cell count,                based on a finding that these substances              the PMN substances. The Order does


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                                                                      Federal Register / Vol. 81, No. 94 / Monday, May 16, 2016 / Rules and Regulations                                           30455

                                                  not require this testing at any specified               protecting against such risk into an                  result in significant adverse
                                                  time or production volume. However,                     MSDS, within 90 days.                                 environmental effects. Based on this
                                                  the Order’s restrictions on manufacture,                  2. Submission of certain                            information, the PMN substance meets
                                                  processing, distribution in commerce,                   environmental fate testing on the PMN                 the concern criteria at § 721.170(b)(4)(i)
                                                  use, and disposal of the PMN substances                 substance prior to exceeding the                      and (b)(4)(ii).
                                                  will remain in effect until the Order is                confidential production volume limit as                 Recommended testing: EPA has
                                                  modified or revoked by EPA based on                     specified in the consent order of the                 determined that the results of a fish
                                                  submission of that or other relevant                    PMN substance.                                        early-life stage toxicity test (OPPTS Test
                                                  information.                                              3. No use of the PMN substance in                   Guideline 850.1400) and a daphnid
                                                    CFR citations: 40 CFR 721.10876 (P–                   consumer spray products.                              chronic toxicity test (OPPTS Test
                                                  11–484) and 40 CFR 721.10877 (P–11–                     The SNUR designates as a ‘‘significant                Guideline 850.1300) would help
                                                  543).                                                   new use’’ the absence of these protective             characterize the environmental effects of
                                                                                                          measures.                                             the PMN substance.
                                                  PMN Number P–14–67                                        Recommended testing: EPA has                          CFR citation: 40 CFR 721.10879.
                                                    Chemical name:                                        determined that the results of the                    PMN Numbers P–14–153, P–14–154,
                                                  Polyfluorinatedalkylsulfonyl substituted                modified aerobic activated sludge                     P–15–79, and P–15–80
                                                  alkane derivative (generic).                            biodegradation test submitted by the
                                                                                                          company for EPA review would help                        Chemical names: Fatty acid rxn
                                                    CAS number: Claimed confidential.                                                                           products with aminoalkylamines
                                                    Effective date of TSCA section 5(e)                   characterize the possible degradation of
                                                                                                          the PMN substance. The submitter has                  (generic).
                                                  consent order: November 4, 2015.                                                                                 CAS numbers: Claimed confidential.
                                                    Basis for TSCA section 5(e) consent                   agreed to submit the results of this test
                                                                                                          by the confidential production volume                    Basis for action: The PMN states that
                                                  order: The PMN states that the generic                                                                        these substances will be used as
                                                                                                          identified in the consent order. EPA had
                                                  (non-confidential) use of the substance                                                                       chemical intermediates, additives for
                                                                                                          determined that the results of a
                                                  will be as a polymer additive. EPA has                                                                        flotation products, and as adhesion
                                                                                                          phototransformation of chemicals on
                                                  concerns for potential incineration or                                                                        promoters for use in asphalt
                                                                                                          soil surfaces (Organisation for Economic
                                                  other decomposition products of the                                                                           applications. Based on SAR analysis of
                                                                                                          Co-operation and Development (OECD)
                                                  PMN substance. These fluorinated                                                                              test data on analogous aliphatic amines,
                                                                                                          Draft Document January 2002) would
                                                  decomposition products may be                                                                                 EPA predicts toxicity to aquatic
                                                                                                          help characterize the degradation
                                                  released to the environment from                                                                              organisms may occur at concentrations
                                                                                                          potential of the PMN substance. The
                                                  incomplete incineration of the PMN                                                                            that exceed 1 ppb of the PMN
                                                                                                          Order does not require this testing at
                                                  substance at low temperatures. EPA has                                                                        substances in surface waters. For the
                                                                                                          any specified time or production
                                                  preliminary evidence, including data on                                                                       uses described in the PMN, releases of
                                                                                                          volume. However, the Order’s
                                                  some fluorinated polymers which                                                                               the substances are not expected to result
                                                                                                          restrictions on manufacture, processing,
                                                  suggest that under some conditions, the                                                                       in surface water concentrations
                                                                                                          distribution in commerce, use, and
                                                  PMN substance could degrade in the                                                                            exceeding 1 ppb. Therefore, EPA has not
                                                                                                          disposal of the PMN substances will
                                                  environment. EPA has concerns that                                                                            determined that the proposed
                                                                                                          remain in effect until the Order is
                                                  these degradation products will persist                                                                       manufacturing, processing, or use of the
                                                                                                          modified or revoked by EPA based on
                                                  in the environment, could                                                                                     substances may present an unreasonable
                                                                                                          submission of that or other relevant
                                                  bioaccumulate or biomagnify, and could                                                                        risk. EPA has determined, however, that
                                                                                                          information.
                                                  be toxic (PBT) to people, wild                            CFR citation: 40 CFR 721.10878.                     any use of the substances, excluding the
                                                  mammals, and birds. These concerns are                                                                        uses described in the PMNs, result in in
                                                  based on data on analogous chemical                     PMN Number P–14–125                                   releases to surface water concentrations
                                                  substances, including PFOA and other                       Chemical name: 1-                                  exceeding 1 ppb may result in
                                                  perfluorinated alkyls, including the                    Octadecanaminium, N-(3-chloro-2-                      significant adverse environmental
                                                  presumed environmental degradant.                       hydroxypropyl)-N,N-dimethyl-, chloride                effects. Based on this information, the
                                                  EPA also has concerns that under some                   (1:1).                                                PMN substances meet the concern
                                                  conditions of use, particularly non-                       CAS number: 3001–63–6.                             criteria at § 721.170(b)(4)(ii).
                                                  industrial, commercial, or consumer                        Basis for action: The PMN states that                 Recommended testing: EPA has
                                                  use, the PMN substance could cause                      the generic (non-confidential) use of the             determined that the results of a fish
                                                  lung effects, based on limited data on                  substance will be as a chemical                       early-life stage toxicity test (OPPTS Test
                                                  some perfluorinated compounds.                          intermediate for surfactant production.               Guideline 850.1400); a daphnid chronic
                                                  Concerns for the PMN substance are for                  Based on test data on the PMN                         toxicity test (OPPTS Test Guideline
                                                  lung toxicity from waterproofing of lung                substance, as well as SAR analysis of                 850.1300); an algal toxicity test (Office
                                                  membrane, based on PMN properties.                      test data on analogous cationic                       of Chemical Safety and Pollution
                                                  The order was issued under TSCA                         surfactants, EPA predicts toxicity to                 Prevention (OCSPP) Test Guideline
                                                  sections 5(e)(1)(A)(i) and 5(e)(1)(A)(ii)(I),           aquatic organisms may occur at                        850.4500); log Kow and water solubility
                                                  based on a finding that these substances                concentrations that exceed 2 ppb of the               measurements; as well as either the fish
                                                  and their potential degradation products                PMN substance in surface waters. As                   acute toxicity mitigated by humic acid
                                                  may present an unreasonable risk of                     described in the PMN, releases of the                 test (OPPTS Test Guideline 850.1085) or
                                                  injury to the environment and human                     substance are not expected to result in               the whole sediment acute toxicity
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  health.                                                 surface water concentrations that exceed              invertebrates, freshwater test (OPPTS
                                                    1. Risk notification. If as a result of               2 ppb. Therefore, EPA has not                         Test Guideline 850.1735) would help
                                                  the test data required, the company                     determined that the proposed                          characterize the environmental effects of
                                                  becomes aware that the PMN substance                    manufacturing, processing, or use of the              the PMN substances. EPA also
                                                  may present a risk of injury to human                   substance may present an unreasonable                 recommends that the guidance
                                                  health or the environment, the company                  risk. EPA has determined, however, that               document on aquatic toxicity testing of
                                                  must incorporate this new information,                  any use resulting in surface water                    difficult substance and mixtures (OECD
                                                  and any information on methods for                      concentrations exceeding 2 ppb may                    Test Guideline 23) be consulted to


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                                                  30456               Federal Register / Vol. 81, No. 94 / Monday, May 16, 2016 / Rules and Regulations

                                                  facilitate solubility in the test media.                PMN Number P–14–198                                   early life stage tests) that typically range
                                                  Testing should be tiered, starting with                    Chemical name: Trialkylammonium                    from 21 to 28 days in duration. EPA
                                                  water solubility and log Kow                            borodibenzoate (generic).                             predicts toxicity to aquatic organisms
                                                  measurements before proceeding with                        CAS number: Claimed confidential.                  may occur if releases of the substance to
                                                  higher tier toxicity tests.                                Basis for action: The PMN states that              surface water, from uses other than as
                                                    CFR citation: 40 CFR 721.10880.                       the generic (non-confidential) use of the             described in the PMN, exceed releases
                                                                                                          substance will be as a color developer                from the use described in the PMN. For
                                                  PMN Numbers P–14–155 and P–14–156                                                                             the use described in the PMN,
                                                                                                          for general printing applications. Based
                                                     Chemical names: Fatty acid amides                    on test data on the PMN substance and                 environmental releases did not exceed 2
                                                  (generic).                                              SAR analysis of test data on analogous                ppb for more than 20 days per year.
                                                     CAS numbers: Claimed confidential.                                                                         Therefore, EPA has not determined that
                                                                                                          aliphatic amines, EPA predicts toxicity
                                                     Basis for action: The PMNs state that                                                                      the proposed manufacturing (defined by
                                                                                                          to aquatic organisms may occur at
                                                  the substances will be used as chemical                                                                       statute to include import), processing, or
                                                                                                          concentrations that exceed 47 ppb of the
                                                  intermediates, additives for flotation                                                                        use of the substance may present an
                                                                                                          PMN substance in surface waters for
                                                  products, and adhesion promoters for                                                                          unreasonable risk. EPA has determined,
                                                                                                          greater than 20 days per year. This 20-
                                                  use in asphalt applications. Based on                                                                         however, that any use of the substance
                                                                                                          day criterion is derived from partial life
                                                  SAR analysis of test data on analogous                                                                        other than as a lubricating oil additive
                                                                                                          cycle tests (daphnid chronic and fish
                                                  amides and aliphatic amines, EPA                                                                              may result in significant adverse
                                                                                                          early life stage tests) that typically range
                                                  predicts toxicity to aquatic organisms                                                                        environmental effects. Based on this
                                                                                                          from 21 to 28 days in duration. EPA
                                                  may occur at concentrations that exceed                                                                       information, the PMN substance meets
                                                                                                          predicts toxicity to aquatic organisms                the concern criteria at
                                                  2 and 3 ppb respectively of the PMN                     may occur if releases of the substance to
                                                  substances P–14–155 and P–14–156 in                                                                           § 721.170(b)(4)(ii).
                                                                                                          surface water, from domestic                             Recommended testing: EPA has
                                                  surface waters. For the uses described in               manufacture or from uses other than as
                                                  the PMNs, releases of the substances are                                                                      determined that the results of a chronic
                                                                                                          described in the PMN, exceed releases                 fish early-life stage toxicity test (OPPTS
                                                  not expected to result in surface water                 from the use described in the PMN. For
                                                  concentrations that exceed 2 ppb and 3                                                                        Test Guideline 850.1400) would help
                                                                                                          the use described in the PMN,                         characterize the environmental effects of
                                                  ppb of the PMN substances respectively.                 environmental releases did not exceed                 the PMN substance.
                                                  Therefore, EPA has not determined that                  47 ppb for more than 20 days per year.                   CFR citation: 40 CFR 721.10883.
                                                  the proposed manufacturing,                             Therefore, EPA has not determined that
                                                  processing, or use of the substances may                the proposed manufacturing (defined by                PMN Number P–14–397
                                                  present an unreasonable risk. EPA has                   statute to include import), processing or                Chemical name: Benzenepropanol, 1-
                                                  determined, however, that any use of                    use of the substance may present an                   benzoate.
                                                  the substances, excluding uses                          unreasonable risk. EPA has determined,                   CAS number: 60045–26–3.
                                                  described in the PMNs, resulting in                     however, that any domestic                               Basis for action: The PMN states that
                                                  surface water concentrations exceeding                  manufacture or use of the substance                   the substance will be used as a
                                                  2 ppb (P–14–155) or 3 ppb (P–14–156)                    other than as listed in the PMN may                   plasticizer in adhesives for food-product
                                                  of the PMN substances may result in                     result in significant adverse                         packaging, a diluents-type plasticizer in
                                                  significant adverse environmental                       environmental effects. Based on this                  plastisols, a coalescent in architectural
                                                  effects. Based on this information, the                 information, the PMN substance meets                  paints and coatings, and a fragrance
                                                  PMN substances meet the concern                         the concern criteria at § 721.170(b)(4)(i)            carrier in fragrances. Based on SAR
                                                  criteria at § 721.170(b)(3)(ii).                        and (b)(4)(ii).                                       analysis of test data on analogous esters,
                                                     Recommended testing: EPA has                            Recommended testing: EPA has                       EPA predicts toxicity to aquatic
                                                  determined that the results of a fish                   determined that the results of a fish                 organisms may occur at concentrations
                                                  early-life stage toxicity test (OPPTS Test              early-life stage toxicity test (OPPTS Test            that exceed 5 ppb of the PMN substance
                                                  Guideline 850.1400); a daphnid chronic                  Guideline 850.1400) and a daphnid                     in surface waters for greater than 20
                                                  toxicity test (OPPTS Test Guideline                     chronic toxicity test (OPPTS Test                     days per year. This 20-day criterion is
                                                  850.1300); an algal toxicity test (OCSPP                Guideline 850.1300) would help                        derived from partial life cycle tests
                                                  Test Guideline 850.4500); log Kow and                   characterize the environmental effects of             (daphnid chronic and fish early life
                                                  water solubility measurements; as well                  the PMN substance.                                    stage tests) that typically range from 21
                                                  as either the fish acute toxicity                          CFR citation: 40 CFR 721.10882.                    to 28 days in duration. EPA predicts
                                                  mitigated by humic acid test (OPPTS                                                                           toxicity to aquatic organisms may occur
                                                  Test Guideline 850.1085) or the whole                   PMN Number P–14–324                                   if releases of the substance to surface
                                                  sediment acute toxicity invertebrates,                    Chemical name: Fatty ester                          water, from uses other than as described
                                                  freshwater test (OPPTS Test Guideline                   derivatives, reaction products with                   in the PMN, exceed releases from the
                                                  850.1735) would help characterize the                   alkanolamine, hydroxylated, borated                   uses described in the PMN. For the uses
                                                  environmental effects of the PMN                        (generic).                                            described in the PMN, environmental
                                                  substances. EPA also recommends that                      CAS number: Claimed confidential.                   releases did not exceed 5 ppb for more
                                                  the guidance document on aquatic                          Basis for action: The PMN states that               than 20 days per year. Therefore, EPA
                                                  toxicity testing of difficult substance                 the substance will be used as a                       has not determined that the proposed
                                                  and mixtures (OECD Test Guideline 23)                   lubricating oil additive. Based on SAR                manufacturing, processing, or use of the
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  be consulted to facilitate solubility in                analysis of test data on analogous boron              substance may present an unreasonable
                                                  the test media, because of the PMN’s                    compounds, EPA predicts toxicity to                   risk. EPA has determined, however, that
                                                  low water solubility. Testing should be                 aquatic organisms may occur at                        any use of the substance other than as
                                                  tiered, starting with water solubility and              concentrations that exceed 2 ppb of the               listed in the PMN may result in
                                                  log Kow measurements before                             PMN substance in surface waters for                   significant adverse environmental
                                                  proceeding with higher tier toxicity                    greater than 20 days per year. This 20-               effects. Based on this information, the
                                                  tests.                                                  day criterion is derived from partial life            PMN substance meets the concern
                                                     CFR citation: 40 CFR 721.10881.                      cycle tests (daphnid chronic and fish                 criteria at § 721.170(b)(4)(ii).


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                                                                      Federal Register / Vol. 81, No. 94 / Monday, May 16, 2016 / Rules and Regulations                                           30457

                                                     Recommended testing: EPA has                         PMN Number P–14–501 and P–14–502                         Basis for TSCA section 5(e) consent
                                                  determined that the results of a fish                      Chemical names: Phosphoric acid,                   order: The PMNs state that the
                                                  early-life stage toxicity test (OPPTS Test              mixed Bu and decyl and octyl and 2-(2-                substances will be used as a down
                                                  Guideline 850.1400); a daphnid chronic                  phenoxyethoxy)ethyl and 2-                            converter for an optical filter for light
                                                  toxicity test (OPPTS Test Guideline                     phenoxyethyl esters (P–14–501), and                   emitting diodes used in displays (P–15–
                                                  850.1300); and an algal toxicity test                   Phosphoric acid, mixed Bu and decyl                   59) and as chemical intermediates (P–
                                                  (OCSPP Test Guideline 850.4500) would                   and octyl and 2-(2-phenoxyethoxy)ethyl                15–60 and P–15–104). Based on SAR
                                                  help characterize the environmental                     and 2-phenoxyethyl esters, potassium                  analysis of test data on analogous
                                                  effects of the PMN substance.                           salts (P–14–502).                                     respirable, poorly soluble particulates
                                                     CFR citation: 40 CFR 721.10884.                         CAS numbers: 1502809–48–4 (P–14–                   and the presence of cadmium, EPA
                                                                                                          501) and 1502809–56–4 (P–14–502).                     identified concerns for lung effects,
                                                  PMN Number P–14–448                                                                                           kidney effects, and oncogenicity. In
                                                                                                             Basis for action: The PMN states that
                                                    Chemical name: Alcohols, C12–22,                      substances will be used as gellants for               addition, EPA predicts chronic toxicity
                                                  distn. residues.                                        use in oil fracturing. Based on structure-            to aquatic organisms from exposure to
                                                    CAS number: 1476777–83–9.                             activity relationship (SAR) analysis of               cadmium. The Order was issued under
                                                    Basis for action: The PMN states that                 test data on analogous neutral organics,              TSCA sections 5(e)(1)(A)(i) and
                                                  the use of the substance will be used in                EPA predicts toxicity to aquatic                      5(e)(1)(A)(ii)(I), based on a finding that
                                                  formulation of defoamers used in the                    organisms may occur at concentrations                 the substances may present an
                                                  production of paper. Based on structure-                that exceed 4 ppb of the PMN                          unreasonable risk of injury to human
                                                  activity relationship SAR analysis of test              substances in surface waters. As                      health and the environment. To protect
                                                  data on analogous neutral organics, EPA                 described in the PMNs, releases of the                against these risks, the consent order
                                                  predicts toxicity to aquatic organisms                  substances are not expected to result in              requires:
                                                  may occur at concentrations that exceed                 surface water concentrations that exceed                 1. Use of impervious gloves to prevent
                                                  7 ppb of the PMN substance in surface                   4 ppb. Therefore, EPA has not                         dermal exposures, where there is a
                                                  waters for greater than 20 days per year.               determined that the proposed                          potential for dermal exposures.
                                                  This 20-day criterion is derived from                   manufacturing, processing, or use of the                 2. Submission of certain material
                                                  partial life cycle tests (daphnid chronic               substances may present an unreasonable                characterization data on P–15–59 by the
                                                  and fish early life stage tests) that                   risk. EPA has determined, however, that               time triggers specified in the consent
                                                  typically range from 21 to 28 days in                   any use of substances resulting in                    order.
                                                  duration. EPA predicts toxicity to                      releases to surface water concentrations                 3. Manufacture, process, or use the
                                                  aquatic organisms may occur if releases                 exceeding 4 ppb may result in                         PMN substances only in a liquid
                                                  of the substance to surface waters                      significant adverse environmental                     formulation.
                                                  exceed releases from the use described                  effects. Based on this information, the                  4. Manufacture, process, and use P–
                                                  in the PMN. As described in the PMN,                    PMN substances meet the concern                       15–59 only as a down converter for an
                                                  releases of the substance are not                       criteria at § 721.170(b)(4)(ii).                      optical filter for light emitting diodes
                                                  expected to result in surface water                        Recommended testing: EPA has                       used in displays.
                                                  concentrations that exceed 7 ppb for                    determined that the results of a fish                    5. Manufacture, process, and use of P–
                                                  more than 20 days per year. Therefore,                  acute toxicity test, freshwater and                   15–60 and P–15–104 only as chemical
                                                  EPA has not determined that the                         marine (OPPTS Test Guideline                          intermediates.
                                                  proposed manufacturing, processing, or                  850.1075); an aquatic invertebrate acute                 6. Disposal of the PMN substances
                                                  use of the substance may present an                     toxicity test, freshwater daphnids                    only by incineration in a permitted
                                                  unreasonable risk. EPA has determined,                  (OPPTS Test Guideline 850.1010); and                  hazardous waste incinerator.
                                                  however, any use where the cumulative                   an algal toxicity test (OCSPP Test                    The SNUR designates as a ‘‘significant
                                                  molecular weights of the C12 and C14                    Guideline 850.4500) would help                        new use’’ the absence of these protective
                                                  components exceed 2 percent by weight                   characterize the environmental effects of             measures.
                                                  of the overall molecular weight of the                  the PMN substances.                                      Recommended testing: EPA has
                                                  PMN substance may result in significant                    CFR citations: 40 CFR 721.10886 (P–                determined that the development of
                                                  adverse environmental effects. Based on                 14–501) and 40 CFR 721.10887 (P–14–                   data on certain material characterization
                                                  this information, the PMN substance                     502).                                                 data specified in the consent order on
                                                  meets the concern criteria at                                                                                 PMN substance P–15–59 would help
                                                  § 721.170(b)(4)(ii).                                    PMN Numbers P–15–59, P–15–60, and                     characterize the possible effects of the
                                                    Recommended testing: EPA has                          P–15–104                                              PMN substance. The submitter has
                                                  determined that the results of a fish                     Chemical names: Siloxanes and                       agreed to submit the results of these
                                                  acute toxicity test, freshwater and                     Silicones, 3-[(2-                                     studies prior to 3 and 18 month time
                                                  marine (OPPTS Test Guideline                            aminoethyl)amino)propyl Me, di-Me,                    triggers identified in the consent order.
                                                  850.1075); an acute invertebrate toxicity               reaction products with cadmium zinc                   In addition, EPA determined that the
                                                  test, freshwater daphnids (OPPTS Test                   selenide sulfide, lauric acid and                     results of a metabolism and
                                                  Guideline 850.1010); and an algal                       oleylamine (P–15–59); Dodecanoic acid,                pharmacokinetics test (OPPTS Test
                                                  toxicity test (OCSPP Test Guideline                     reaction products with cadmium zinc                   Guideline 870.7485) would help
                                                  850.4500) would help characterize the                   selenide sulfide and oleylamine (P–15–                characterize the human health and
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  environmental effects of the PMN                        60); and Phosphonic acid,                             environmental effect of the PMN
                                                  substance. Before conducting these                      P-tetradecyl-, reaction products with                 substance. The Order does not require
                                                  aquatic toxicity testing, EPA                           cadmium selenide (CdSe) (P–15–104).                   this testing at any specified time or
                                                  recommends chemical characterization                      CAS numbers: 1623456–05–2 (P–15–                    production volume. However, the
                                                  of the alkyl range for the alcohol moiety               59); 1773514–92–3 (P–15–60); and                      Order’s restrictions on manufacture,
                                                  and a water solubility test (OECD Test                  1773514–66–1 (P–15–104).                              processing, distribution in commerce,
                                                  Guideline 105) should be conducted.                       Effective date of TSCA section 5(e)                 use, and disposal of the PMN substances
                                                    CFR citation: 40 CFR 721.10885.                       consent order: May 5, 2015.                           will remain in effect until the Order is


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                                                  30458               Federal Register / Vol. 81, No. 94 / Monday, May 16, 2016 / Rules and Regulations

                                                  modified or revoked by EPA based on                     850.4500) would help characterize the                 to 28 days in duration. EPA predicts
                                                  submission of that or other relevant                    human health and environmental effects                toxicity to aquatic organisms may occur
                                                  information.                                            of the PMN substance.                                 if releases of the substance to surface
                                                    CFR citations: 40 CFR 721.10888 (P–                     CFR citation: 40 CFR 721.10891.                     water, from uses other than as described
                                                  15–59), 40 CFR 721.10889 (P–15–60),                                                                           in the PMN, exceed releases from the
                                                                                                          PMN Number P–15–109
                                                  and 40 CFR 721.10890 (P–15–104).                                                                              use described in the PMN. For the use
                                                                                                             Chemical name: Reaction product of a               described in the PMN, environmental
                                                  PMN Number P–15–81                                      mixture of aromatic dianhydrides and                  releases did not exceed 1 ppb for more
                                                     Chemical name: Alkyl silicate,                       aliphatic esters with an aromatic                     than 20 days per year. Therefore, EPA
                                                  polymer with 2-(chloromethyl)oxirane                    diamine (generic).                                    has not determined that the proposed
                                                  and 4,4′0-(1-                                              CAS number: Claimed confidential.                  manufacturing (defined by statute to
                                                  methylethylidene)bis[phenol],                              Basis for action: The PMN states that              include import), processing, or use of
                                                  alkoxylated (generic).                                  the generic (non-confidential) use of the             the substance may present an
                                                     CAS number: Claimed confidential.                    substance is as an intermediate. Based                unreasonable risk. EPA has determined,
                                                     Basis for action: The PMN states that                on SAR analysis of test data on                       however, that any domestic
                                                  the generic (non-confidential) use of the               analogous anilines, EPA predicts                      manufacture of the substance, or any
                                                  substance will be as an ingredient in                   toxicity to aquatic organisms may occur               use of the PMN substance other than as
                                                  liquid paint coating. Based on SAR                      at concentrations that exceed 11 ppb of               described in the PMN may result in
                                                  analysis of test data on analogous                      the PMN substance in surface waters. As               significant adverse environmental
                                                  epoxides, there were health concerns                    described in the PMN, releases of the                 effects. Based on this information, the
                                                  regarding skin and lung sensitization,                  substance are not expected to result in               PMN substance meets the concern
                                                  mutagenicity, oncogenicity,                             surface water concentrations that exceed              criteria at § 721.170(b)(4)(ii).
                                                  developmental toxicity, male                            11 ppb. Therefore, EPA has not                           Recommended testing: EPA has
                                                  reproductive, liver, and kidney toxicity                determined that the proposed                          determined that the results of a fish
                                                  based on the epoxide oxidation product                  manufacturing, processing, or use of the              early-life stage toxicity test (OPPTS Test
                                                  as well as irritation and lung toxicity                 substance may present an unreasonable                 Guideline 850.1400); a daphnid chronic
                                                  expected from the ethoxy silane                         risk. EPA has determined, however, that               toxicity test (OPPTS Test Guideline
                                                  hydrolysis product from exposure to the                 any use of the substance resulting in                 850.1300); an algal toxicity test (OCSPP
                                                  PMN substance via dermal exposure.                      surface water concentrations exceeding                Test Guideline 850.4500); and a ready
                                                  Further, based on SAR analysis of test                  11 ppb may result in significant adverse              biodegradability test (OECD Test
                                                  data on analogous epoxides, EPA                         environmental effects. Based on this                  Guideline 301) would help characterize
                                                  predicts toxicity to aquatic organisms                  information, the PMN substance meets                  the environmental effects of the PMN
                                                  may occur at concentrations that exceed                 the concern criteria at                               substance. EPA recommends that the
                                                  1 ppb of the PMN substance in surface                   § 721.170(b)(4)(ii).                                  fate testing be performed first as the
                                                  waters. As described in the PMN,                           Recommended testing: EPA has                       results may mitigate the need for further
                                                  occupational exposures are expected to                  determined that the results of a fish                 toxicity testing or change the testing
                                                  be minimal due to use of adequate                       early-life stage toxicity test (OPPTS Test            recommendations.
                                                  dermal personal protection equipment                    Guideline 850.1400); a daphnid chronic                   CFR citation: 40 CFR 721.10893.
                                                  and releases of the substance are not                   toxicity test (OPPTS Test Guideline
                                                  expected to result in surface water                     850.1300); an algal toxicity test (OCSPP              PMN Number P–15–120
                                                  concentrations that exceed 1 ppb.                       Test Guideline 850.4500); and a ready                    Chemical name: Substituted benzyl
                                                  Therefore, EPA has not determined that                  biodegradability test (OECD Test                      acrylate (generic).
                                                  the proposed manufacturing,                             Guideline 301) would help characterize                   CAS number: Claimed confidential.
                                                  processing, or use of the substance may                 the environmental effects of the PMN                     Basis for action: The PMN states that
                                                  present an unreasonable risk. EPA has                   substance. EPA recommends that the                    the generic (non-confidential) use of the
                                                  determined, however, that any use                       fate testing be performed first as the                substance will be as a resin for
                                                  without the use of impervious gloves,                   results may mitigate the need for further             industrial coating. Based on SAR
                                                  where there is a potential for dermal                   toxicity testing or change the testing                analysis of test data on analogous
                                                  exposure, or any use of the substance                   recommendations.                                      acrylates, EPA predicts toxicity to
                                                  resulting in surface water                                 CFR citation: 40 CFR 721.10892.                    aquatic organisms may occur at
                                                  concentrations exceeding 1 ppb may                                                                            concentrations that exceed 1 ppb of the
                                                  result in serious human health or                       PMN Number P–15–111                                   PMN substance in surface waters. As
                                                  significant adverse environmental                          Chemical name: Fatty acids, tall-oil,              described in the PMN, releases of the
                                                  effects. Based on this information, the                 reaction products with an ether and                   substance are not expected to result in
                                                  PMN substance meets the concern                         triethylenetetramine (generic).                       surface water concentrations that exceed
                                                  criteria at § 721.170(b)(1)(i)(C), (b)(3)(ii)              CAS number: Claimed confidential.                  1 ppb. Therefore, EPA has not
                                                  and (b)(4)(ii).                                            Basis for action: The PMN states that              determined that the proposed
                                                     Recommended testing: EPA has                         the generic (non-confidential) use of the             manufacturing, processing, or use of the
                                                  determined that the results of a                        substance will be as a hardener for                   substance may present an unreasonable
                                                  combined repeated dose toxicity study                   coating systems. Based on SAR analysis                risk. EPA has determined, however, that
                                                  with the reproduction/developmental                     of test data on analogous aliphatic                   any use of the substance resulting in
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                                                  toxicity screening test (OECD Test                      amines, EPA predicts toxicity to aquatic              surface water concentrations exceeding
                                                  Guideline 422); a Zahn-Wellens/EMPA                     organisms may occur at concentrations                 1 ppb may result in significant adverse
                                                  test (OPPTS Test Guideline 835.3200); a                 that exceed 1 ppb of the PMN substance                environmental effects. Based on this
                                                  fish early-life stage toxicity test (OPPTS              in surface waters for greater than 20                 information, the PMN substance meets
                                                  Test Guideline 850.1400); a daphnid                     days per year. This 20-day criterion is               the concern criteria at
                                                  chronic toxicity test (OPPTS Test                       derived from partial life cycle tests                 § 721.170(b)(4)(ii).
                                                  Guideline 850.1300); and an algal                       (daphnid chronic and fish early life                     Recommended testing: EPA has
                                                  toxicity test (OCSPP Test Guideline                     stage tests) that typically range from 21             determined that the results of a fish


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                                                                      Federal Register / Vol. 81, No. 94 / Monday, May 16, 2016 / Rules and Regulations                                            30459

                                                  early-life stage toxicity test (OPPTS Test              results of a 90-day inhalation toxicity               bis(iminomethylene)bis[substituted-
                                                  Guideline 850.1400); a daphnid chronic                  test in rats (OPPTS Test Guideline                    (generic).
                                                  toxicity test (OPPTS Test Guideline                     870.3465/OECD Test Guideline 413)                        CAS number: Claimed confidential.
                                                  850.1300); an algal toxicity test (OCSPP                with a 60-day holding period, and                        Basis for action: The PMN states that
                                                  Test Guideline 850.4500); and a ready                   certain physical chemical property and                the generic (non-confidential) use of the
                                                  biodegradability test (OECD Test                        environmental fate testing identified in              substance will be as a catalyst in the
                                                  Guideline 301) would help characterize                  the consent order would help                          process to manufacture a crop
                                                  the environmental effects of the PMN                    characterize the human health and fate                protection chemical. Based on test data
                                                  substance. EPA recommends that the                      effects of the PMN substance. The Order               on the PMN substance, EPA identified
                                                  fate testing be performed first as the                  does not require this testing at any                  concerns for blood toxicity to workers
                                                  results may mitigate the need for further               specified time or production volume.                  from dermal exposures to the PMN
                                                  toxicity testing or change the testing                  However, the Order’s restrictions on                  substance. As described in the PMN,
                                                  recommendations.                                        manufacture, processing, distribution in              occupational exposures are expected to
                                                     CFR citation: 40 CFR 721.10894.                      commerce, use, and disposal of the                    be minimal due to use of adequate
                                                                                                          PMN substances will remain in effect                  dermal personal protection equipment.
                                                  PMN Number P–15–154                                                                                           Therefore, EPA has not determined that
                                                                                                          until the Order is modified or revoked
                                                     Chemical name: Fluoroalkyl acrylate                  by EPA based on submission of that or                 the proposed manufacturing,
                                                  copolymer (generic).                                    other relevant information.                           processing, or use of the substance may
                                                     CAS number: Claimed confidential.                       CFR citation: 40 CFR 721.10895.                    present an unreasonable risk. EPA has
                                                     Effective date of TSCA section 5(e)                                                                        determined, however, that any use of
                                                  consent order: May 14, 2015.                            PMN Number P–15–176                                   the substance without the use of
                                                     Basis for TSCA section 5(e) consent                     Chemical name: 1-Hexanol, 6-                       chemical impervious gloves, where
                                                  order: The PMN states that the generic                  mercapto-.                                            there is a potential for dermal exposure,
                                                  (non-confidential) use of the substance                    CAS number: 1633–78–9.                             or any use of the substance other than
                                                  will be as a textile treatment. The Order                  Basis for action: The PMN states that              as described in the PMN may cause
                                                  was issued under TSCA sections                          the substance will be used as a chemical              serious health effects. Based on this
                                                  5(e)(1)(A)(i), 5(e)(1)(A)(ii)(I), and                   intermediate to curable monomers.                     information, the PMN substance meets
                                                  5(e)(1)(A)(ii)(II) based on a finding that              Based on SAR analysis of test data on                 the concern criteria at § 721.170(b)(3)(i).
                                                  the substance may present an                            analogous thiols, EPA predicts toxicity                  Recommended testing: EPA has
                                                  unreasonable risk of injury to human                    to aquatic organisms may occur at                     determined that the results of a skin
                                                  health and the environment. To protect                  concentrations that exceed 8 ppb of the               absorption, In vitro method (OECD Test
                                                  against these risks, the consent order                  PMN substance in surface waters. As                   Guideline 428) would help characterize
                                                  requires:                                               described in the PMN, releases of the                 the human health effects of the PMN
                                                     1. Risk notification. If as a result of              substance are not expected to result in               substance.
                                                  the test data required, the company                     surface water concentrations that exceed                 CFR citation: 40 CFR 721.10897.
                                                  becomes aware that the PMN substances                   8 ppb. Therefore, EPA has not
                                                  may present a risk of injury to human                                                                         PMN Number P–15–188
                                                                                                          determined that the proposed
                                                  health or the environment, the company                  manufacturing, processing, or use of the                 Chemical name: Carbomonocycles,
                                                  must incorporate this new information,                  substance may present an unreasonable                 polymer with substituted
                                                  and any information on methods for                      risk. EPA has determined, however, that               heteromonocycle, succinate, methyl
                                                  protecting against such risk into an                    any use of the substance that results in              acrylate (generic).
                                                  MSDS, within 90 days.                                   surface water concentrations exceeding                   CAS number: Claimed confidential.
                                                     2. Manufacture of the PMN substance:                 8 ppb may result in significant adverse                  Basis for action: The PMN states that
                                                  (a) According to the chemical                           environmental effects. Based on this                  the substance will be used as a pigment-
                                                  composition section of the consent                      information, the PMN substance meets                  wetting resin for Ultra Violet (UV)-
                                                  order, including analyzing and reporting                the concern criteria at                               curable coatings. Based on SAR analysis
                                                  certain starting raw material impurities                § 721.170(b)(4)(ii).                                  of test data on analogous methacrylates,
                                                  to EPA; and (b) within the maximum                         Recommended testing: EPA has                       EPA predicts toxicity to aquatic
                                                  established limits of certain fluorinated               determined that the results of a fish                 organisms may occur at concentrations
                                                  impurities of the PMN substance as                      acute toxicity test, freshwater and                   that exceed 7 ppb of the PMN substance
                                                  stated in the consent order.                            marine (OPPTS Test Guideline                          in surface waters for greater than 20
                                                     3. Submission of certain toxicity,                   850.1075); an aquatic invertebrate acute              days per year. This 20-day criterion is
                                                  physical-chemical property, and                         toxicity test, freshwater daphnids                    derived from partial life cycle tests
                                                  environmental fate testing on the PMN                   (OPPTS Test Guideline 850.1010); an                   (daphnid chronic and fish early life
                                                  substance prior to exceeding the                        algal toxicity test (OCSPP Test                       stage tests) that typically range from 21
                                                  confidential production volume limits                   Guideline 850.4500); and a ready                      to 28 days in duration. EPA predicts
                                                  as specified in the consent order.                      biodegradability test (OECD Test                      toxicity to aquatic organisms may occur
                                                  The SNUR designates as a ‘‘significant                  Guideline 301B) would help                            if releases of the substance to surface
                                                  new use’’ the absence of these protective               characterize the environmental effects of             water, from uses other than as described
                                                  measures.                                               the PMN substance. EPA recommends                     in the PMN, exceed releases from the
                                                     Recommended testing: EPA has                         that the fate testing be performed first as           use described in the PMN. For the use
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                                                  determined that the results of certain                  the results may mitigate the need for                 described in the PMN, environmental
                                                  toxicity and environmental fate testing                 further toxicity testing or change the                releases did not exceed 7 ppb for more
                                                  would help characterize the PMN                         testing recommendations.                              than 20 days per year. Therefore, EPA
                                                  substance. The submitter has agreed to                     CFR citation: 40 CFR 721.10896.                    has not determined that the proposed
                                                  complete the testing identified in the                                                                        manufacturing, processing, or use of the
                                                  testing section of the consent order by                 PMN Number P–15–177                                   substance may present an unreasonable
                                                  the confidential limits specified. In                     Chemical name: Phenol, 2,2′-[1,2-                   risk. EPA has determined, however, that
                                                  addition, EPA has determined that the                   disubstituted-1,2-ethanediyl]                         any use of the substance other than as


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                                                  30460               Federal Register / Vol. 81, No. 94 / Monday, May 16, 2016 / Rules and Regulations

                                                  listed in the PMN may result in                         Guideline 870.5100); a mammalian                      phenols, EPA predicts toxicity to
                                                  significant adverse environmental                       erythrocyte micronucleus test (OPPTS                  aquatic organisms may occur at
                                                  effects. Based on this information, the                 Test Guideline 870.5395); an acute oral               concentrations that exceed 1 ppb of the
                                                  PMN substance meets the concern                         toxicity test (OPPTS Test Guideline                   PMN substance in surface waters. As
                                                  criteria at § 721.170(b)(4)(ii).                        870.1100); a repeated dose 28-day oral                described in the PMN, releases of the
                                                     Recommended testing: EPA has                         toxicity study in rodents (OPPTS Test                 substance are not expected to result in
                                                  determined that the results of a water                  Guideline 870.3050); a fish acute                     surface water concentrations that exceed
                                                  solubility test (OECD Test Guideline                    toxicity test, freshwater and marine                  1 ppb. Therefore, EPA has not
                                                  105); a fish acute toxicity test,                       (OPPTS Test Guideline 850.1075); a fish               determined that the proposed
                                                  freshwater and marine (OPPTS Test                       acute toxicity mitigated by humic acid                manufacturing, processing, or use of the
                                                  Guideline 850.1075); an acute                           test (OPPTS Test Guideline 850.1085);                 substance may present an unreasonable
                                                  invertebrate toxicity test, freshwater                  an aquatic invertebrate acute toxicity                risk. EPA has determined, however, that
                                                  daphnids (OPPTS Test Guideline                          test, freshwater daphnids (OPPTS Test                 any use of the substance resulting in
                                                  850.1010); and an algal toxicity test                   Guideline 850.1010); and an algal                     surface water concentrations exceeding
                                                  (OCSPP Test Guideline 850.4500) would                   toxicity test (OCSPP Test Guideline                   1 ppb may result in significant adverse
                                                  help characterize the environmental                     850.4500) would help characterize the                 environmental effects. Based on this
                                                  effects of the PMN substance. The water                 human health and environmental effects                information, the PMN substance meets
                                                  solubility testing should be conducted                  of the PMN substance.                                 the concern criteria at
                                                  prior to conducting the ecotoxicity                       CFR citation: 40 CFR 721.10899.                     § 721.170(b)(4)(ii).
                                                  testing as the results of the water                                                                              Recommended testing: EPA has
                                                  solubility may change the recommended                   PMN Number P–15–252                                   determined that the results of a fish
                                                  ecotoxicity testing.                                      Chemical name: Titanium salt,                       acute toxicity test, freshwater and
                                                     CFR citation: 40 CFR 721.10898.                      reaction products with silica (generic).              marine (OPPTS Test Guideline
                                                  PMN Number P–15–190                                       CAS number: Claimed confidential.                   850.1075); an acute invertebrate toxicity
                                                                                                            Basis for action: The PMN states that               test, freshwater daphnids (OPPTS Test
                                                     Chemical name: Halogenated alkyl                     the generic (non-confidential) use of the             Guideline 850.1010); an algal toxicity
                                                  trimethylaminium halide (generic).                      substance will be as a chemical                       test (OCSPP Test Guideline 850.4500);
                                                     CAS number: Claimed confidential.                    intermediate. Based on SAR analysis of                and a ready biodegradability (OECD
                                                     Basis for action: The PMN states that                test data on analogous insoluble metal                Test Guideline 301) would help
                                                  the generic (non-confidential) use of the               oxides, EPA identified concerns for lung              characterize the environmental effects of
                                                  substance will be for cationization of                  toxicity if inhaled based on lung                     the PMN substance. EPA recommends
                                                  starch. Based on test data on analogous                 overload for respirable, poorly soluble               that the fate testing be performed first as
                                                  alkylating agents, there were health                    particulates. For the use described in                the results may mitigate the need for
                                                  concerns regarding mutagenicity,                        the PMN, inhalation exposures are                     further toxicity testing or change the
                                                  oncogenicity, developmental toxicity                    expected to be minimal as the PMN is                  testing recommendations.
                                                  and respiratory sensitization based from                handled in an enclosed process.                          CFR citation: 40 CFR 721.10901.
                                                  exposure to the PMN substance via                       Therefore, EPA has not determined that
                                                  inhalation exposure. In addition, based                                                                       PMN Number P–15–276
                                                                                                          the proposed manufacturing,
                                                  on SAR analysis of test data on                         processing, or use of the substance may                 Chemical name: Functionalized
                                                  analogous cationic surfactants, EPA                     present an unreasonable risk. EPA has                 carbon nanotubes (generic).
                                                  predicts toxicity to aquatic organisms                  determined, however, that any use in a                  CAS number: Claimed confidential.
                                                  may occur at concentrations that exceed                 non-enclosed process, or any use of the                 Basis for action: The PMN states that
                                                  88 ppb of the PMN substance in surface                  substance other than listed in the PMN                the substance will be used as a thin film
                                                  waters. As described in the PMN,                        may result in significant adverse human               for electronic device applications. Based
                                                  exposure is expected to be minimal due                  health effects. Based on this                         on SAR analysis of test data on
                                                  to use of adequate respiratory personal                 information, the PMN substance meets                  analogous carbon nanotubes and other
                                                  protection equipment and releases of                    the concern criteria at                               respirable poorly soluble particulates,
                                                  the substance are not expected to result                § 721.170(b)(3)(ii).                                  EPA identified potential lung effects
                                                  in surface water concentrations that                      Recommended testing: EPA has                        and skin penetration and toxicity
                                                  exceed 88 ppb. Therefore, EPA has not                   determined that the results of a 90-day               induction from inhalation and dermal
                                                  determined that the proposed                            inhalation toxicity test (OPPTS Test                  exposure to the PMN substance.
                                                  manufacturing, processing, or use of the                Guideline 870.3465) with 60-day                       Further, EPA predicts toxicity to aquatic
                                                  substance may present an unreasonable                   holding period and a particle size                    organisms via releases of the PMN
                                                  risk. EPA has determined, however, that                 distribution/fiber length and diameter                substance to surface water. Although
                                                  any use without the use of NIOSH-                       distributions (OECD Test Guideline 110)               there is potential for dermal exposure,
                                                  certified respirator with an APF of at                  would help characterize the human                     EPA does not expect significant
                                                  least 10, where there is a potential for                health effects of the PMN substance.                  occupational exposures due to the use
                                                  respiratory exposure, or any use of the                   CFR citation: 40 CFR 721.10900.                     of impervious gloves, and because the
                                                  substance resulting in surface water                                                                          PMN is used in a liquid and is not spray
                                                  concentrations exceeding 88 ppb may                     PMN Number P–15–272                                   applied except in a closed system.
                                                  result in serious human health or                         Chemical name: Formaldehyde,                        Further, EPA does not expect
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                                                  significant adverse environmental                       reaction products with aniline and                    environmental releases during the use
                                                  effects. Based on this information, the                 aromatic mono- and di-phenol mixture                  identified in the PMN submission.
                                                  PMN substance meets the concern                         (generic).                                            Therefore, EPA has not determined that
                                                  criteria at § 721.170(b)(1)(i)(C), (b)(3)(ii)             CAS number: Claimed confidential.                   the proposed manufacturing,
                                                  and (b)(4)(ii).                                           Basis for action: The PMN states that               processing, and or use of the substance
                                                     Recommended testing: EPA has                         the generic (non-confidential) use of the             may present an unreasonable risk to
                                                  determined that the results of a bacterial              substance will be as a resin. Based on                human health or the environment. EPA
                                                  reverse mutation test, (OPPTS Test                      SAR analysis of test data on analogous                has determined, however, that any use


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                                                                      Federal Register / Vol. 81, No. 94 / Monday, May 16, 2016 / Rules and Regulations                                            30461

                                                  of the substance without the use of                     may present an unreasonable risk to                   and a Zahn-Wellens/EMPA test (OPPTS
                                                  impervious gloves, where there is                       human health or the environment. EPA                  Test Guideline 835.3200) would help
                                                  potential for dermal exposure;                          has determined, however, that any use                 characterize the environmental effects of
                                                  manufacturing the PMN substance for                     of the substance without the use of                   the PMN substance. EPA recommends
                                                  use other than as a thin film for                       impervious gloves, where there is                     that the fate testing be performed first as
                                                  electronic device applications;                         potential for dermal exposure;                        the results may mitigate the need for
                                                  manufacturing, processing, or using the                 manufacturing, processing, or using the               further toxicity testing or change the
                                                  PMN substance in a form other than a                    PMN substance in a form other than as                 testing recommendations.
                                                  liquid; use of the PMN substance                        a liquid; use of the PMN substance                      CFR citation: 40 CFR 721.10904.
                                                  involving an application method that                    involving an application method that
                                                                                                                                                                PMN Number P–15–319
                                                  generates a mist, vapor, or aerosol                     generates a mist, vapor, or aerosol; any
                                                  except in a closed system; or any release               release of the PMN substance into                       Chemical name: Butanedioic acid, 2-
                                                  of the PMN substance into surface                       surface waters; or disposal other than by             methylene-, dialkyl ester (generic).
                                                  waters or disposal other than by landfill               landfill or incineration may cause                      CAS number: Claimed confidential.
                                                  or incineration may cause serious health                serious health effects or significant                   Basis for action: The PMN states that
                                                  effects or significant adverse                          adverse environmental effects. Based on               the generic (non-confidential) use of the
                                                  environmental effects. Based on this                    this information, the PMN substance                   substance will be as an intermediate for
                                                  information, the PMN substance meets                    meets the concern criteria at                         production of a lubricant additive.
                                                  the concern criteria at § 721.170(b)(3)(ii)             § 721.170(b)(3)(ii) and (b))(ii).                     Based on SAR analysis of test data on
                                                  and (b)(4)(ii).                                            Recommended testing: EPA has                       analogous acrylates and esters, EPA
                                                     Recommended testing: EPA has                         determined that the results of a 90-day               predicts toxicity to aquatic organisms
                                                  determined that the results of a fish                   inhalation toxicity test (OPPTS Test                  may occur at concentrations that exceed
                                                  early-life stage toxicity test (OPPTS Test              Guideline 870.3465) with a 60-day                     1 ppb of the PMN substance in surface
                                                  Guideline 850.1400); a daphnid chronic                  holding period; a fish early-life stage               waters. As described in the PMN,
                                                  toxicity test (OPPTS Test Guideline                     toxicity test (OPPTS Test Guideline                   releases of the substance are not
                                                  850.1300); an algal toxicity test (OCSPP                850.1400); a daphnid chronic toxicity                 expected to result in surface water
                                                  Test Guideline 850.4500); a 90-day                      test (OPPTS Test Guideline 850.1300);                 concentrations that exceed 1 ppb.
                                                  inhalation toxicity test (OPPTS                         and an algal toxicity test (OCSPP Test                Therefore, EPA has not determined that
                                                  870.3465) with additional testing                       Guideline 850.4500) would help                        the proposed manufacturing,
                                                  parameters beyond those noted at CFR                    characterize the environmental and                    processing, or use of the substance may
                                                  870.3465, for using the 90-day                          health effects of the PMN substance.                  present an unreasonable risk. EPA has
                                                  subchronic protocol for nanomaterial                       CFR citation: 40 CFR 721.10903.                    determined, however, that any use of
                                                  assessment; a two-year inhalation                                                                             the substance that resulting in surface
                                                                                                          PMN Number P–15–306
                                                  bioassay (OPPTS Test Guideline                                                                                water concentrations exceeding 1 ppb
                                                  870.4200); and a surface charge by                        Chemical name: Phenol, 1,1-                         may result in significant adverse
                                                  electrophoresis (for example, using                     dimethylalkyl derivatives (generic).                  environmental effects. Based on this
                                                  ASTM E2865–12 or NCL Method PCC–                          CAS number: Claimed confidential.                   information, the PMN substance meets
                                                  2—Measuring the Zeta Potential of                         Basis for action: The PMN states that               the concern criteria at
                                                  Nanoparticles) would help characterize                  the generic (non-confidential) use of the             § 721.170(b)(4)(ii).
                                                  the health and environmental effects of                 substance will be as a process                          Recommended testing: EPA has
                                                  the PMN substance.                                      intermediate. Based on SAR analysis of                determined that the results of a fish
                                                     CFR citation: 40 CFR 721.10902.                      test data on analogous phenols, EPA                   acute toxicity test, freshwater and
                                                                                                          predicts toxicity to aquatic organisms                marine (OPPTS Test Guideline
                                                  PMN Number P–15–295                                     may occur at concentrations that exceed               850.1075); an acute invertebrate toxicity
                                                    Chemical name: Acrylated mixed                        13 ppb of the PMN substance in surface                test, freshwater daphnids (OPPTS Test
                                                  metal oxides (generic).                                 waters. As described in the PMN,                      Guideline 850.1010); an algal toxicity
                                                    CAS number: Claimed confidential.                     releases of the substance are not                     test (OCSPP Test Guideline 850.4500);
                                                    Basis for action: The PMN states that                 expected to result in surface water                   and a ready biodegradability (OECD
                                                  the generic (non-confidential) use of the               concentrations that exceed 13 ppb.                    Test Guideline 301) would help
                                                  substance will be as an intermediate.                   Therefore, EPA has not determined that                characterize the environmental effects of
                                                  Based on SAR analysis of test data on                   the proposed manufacturing,                           the PMN substance. EPA recommends
                                                  respirable poorly soluble particulates,                 processing, or use of the substance may               that the fate testing be performed first as
                                                  EPA identified potential lung effects                   present an unreasonable risk. EPA has                 the results may mitigate the need for
                                                  and dermal toxicity from inhalation and                 determined, however, that any use of                  further toxicity testing or change the
                                                  dermal exposure to the PMN substance.                   the substance resulting in surface water              testing recommendations.
                                                  Further, EPA predicts toxicity to aquatic               concentrations exceeding 13 ppb may                     CFR citation: 40 CFR 721.10905.
                                                  organisms via releases of the PMN                       result in significant adverse
                                                  substance to surface water. Although                    environmental effects. Based on this                  PMN Number P–15–324
                                                  there is potential for dermal exposure,                 information, the PMN substance meets                    Chemical name: Magnesium alkaryl
                                                  EPA does not expect significant                         the concern criteria at                               sulfonate (generic).
                                                  occupational exposures due to the use                   § 721.170(b)(4)(ii).                                    CAS number: Claimed confidential.
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                                                  of impervious gloves, and because the                     Recommended testing: EPA has                          Basis for action: The PMN states that
                                                  PMN is used in a liquid and is not spray                determined that the results of a fish                 the use of the substance will be as a
                                                  applied. Further, EPA does not expect                   acute toxicity test, freshwater and                   detergent additive in crankcase
                                                  environmental releases during the use                   marine (OPPTS Test Guideline                          lubricant applications. Based on
                                                  identified in the PMN submission.                       850.1075); an acute invertebrate toxicity             submitted test data on the PMN
                                                  Therefore, EPA has not determined that                  test, freshwater daphnids (OPPTS Test                 substance, EPA predicts toxicity to
                                                  the proposed manufacturing,                             Guideline 850.1010); an algal toxicity                aquatic organisms may occur at
                                                  processing, and or use of the substance                 test (OCSPP Test Guideline 850.4500);                 concentrations that exceed 1 ppb of the


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                                                  30462               Federal Register / Vol. 81, No. 94 / Monday, May 16, 2016 / Rules and Regulations

                                                  PMN substance in surface waters for                     characterize the health effects of the                test data on an analogous substance,
                                                  greater than 20 days per year. This 20-                 PMN substance.                                        there were health concerns regarding
                                                  day criterion is derived from partial life                CFR citation: 40 CFR 721.10907.                     liver and kidney toxicity, thyroid
                                                  cycle tests (daphnid chronic and fish                                                                         effects, and reproductive and
                                                                                                          PMN Number P–15–328
                                                  early life stage tests) that typically range                                                                  developmental toxicity from dermal and
                                                  from 21 to 28 days in duration. EPA                       Chemical name: Aluminum calcium                     inhalation exposures to the PMN
                                                  predicts toxicity to aquatic organisms                  oxide salt (generic).                                 substance. Further, based on SAR
                                                  may occur if releases of the substance to                 CAS number: Claimed confidential.                   analysis of test data on analogous
                                                  surface water, from uses other than as                    Effective date of TSCA section 5(e)                 neutral organics, EPA predicts toxicity
                                                  described in the PMN, exceed releases                   consent order: June 2, 2015.                          to aquatic organisms may occur at
                                                  from the use described in the PMN. For                    Basis for TSCA section 5(e) consent                 concentrations that exceed 4 ppb of the
                                                  the use described in the PMN,                           order: The PMN states that the generic                PMN substance in surface waters. EPA
                                                  environmental releases did not exceed 1                 (non-confidential) use of the PMN                     also predicts toxicity to aquatic
                                                  ppb for more than 20 days per year.                     substance will be as a cement additive.               organisms may occur if releases of the
                                                  Therefore, EPA has not determined that                  Based on SAR analysis of test data on                 substance to surface water, from uses
                                                  the proposed manufacturing,                             analogous respirable, poorly soluble                  other than as described in the PMN,
                                                  processing, or use of the substance may                 particulates, EPA identified concerns for             exceed releases from the use described
                                                  present an unreasonable risk. EPA has                   lung toxicity based on lung overload.                 in the PMN. Further, as described in the
                                                  determined, however, that any use of                    The Order was issued under TSCA                       PMN, exposure is expected to be
                                                  the substance other than as listed in the               sections 5(e)(1)(A)(i) and 5(e)(1)(A)(ii)(I)          minimal due to use of adequate
                                                  PMN may result in significant adverse                   based on a finding that the substance                 respiratory and dermal personal
                                                  environmental effects. Based on this                    may present an unreasonable risk of                   protection equipment and releases of
                                                  information, the PMN substance meets                    injury to human health. To protect                    the substance are not expected to result
                                                  the concern criteria at § 721.170(b)(4)(i).             against these risks, the consent order                in surface water concentrations
                                                     Recommended testing: EPA has                         requires:                                             exceeding 4 ppb. Therefore, EPA has not
                                                  determined that the results of a daphnid                  1. Hazard communication.                            determined that the proposed
                                                  chronic toxicity test (OPPTS Test                       Establishment and use of a hazard                     manufacturing, processing, or use of the
                                                  Guideline 850.1300) would help                          communication program, including                      substance may present an unreasonable
                                                  characterize the environmental effects of               human health precautionary statements                 risk. EPA has determined, however, that
                                                  the PMN substance.                                      on each label and the MSDS.                           any use of the substance that results in
                                                     CFR citation: 40 CFR 721.10906.                        2. Use of personal protective                       releases to surface waters exceeding 4
                                                                                                          equipment including a NIOSH-certified                 ppb, any use other than that as a site-
                                                  PMN Number P–15–326
                                                                                                          respirator with an APF of at least 10 or              limited intermediate, or any use without
                                                     Chemical name:                                       compliance with a NCEL of 5 mg/m3 as                  the use of a NIOSH-certified respirator
                                                  Polyfluorohydrocarbon (generic).                        an 8-hour time-weighted average (when                 with gas/vapor cartridges and an APF of
                                                     CAS number: Claimed confidential.                    there is potential inhalation exposure),              at least 10 and impervious gloves, may
                                                     Basis for action: The PMN states that                when there is potential inhalation                    result in serious human health or
                                                  the generic (non-confidential) use of the               exposure.                                             significant adverse environmental
                                                  substance will be as a specialty gas and                  3. Manufacture, processing or use of                effects. Based on this information, the
                                                  transfer fluid. Based on test data on the               the PMN substance only for the use                    PMN substance meets the concern
                                                  PMN substance, EPA identified                           specified in the consent order.                       criteria at § 721.170 (b)(3)(ii) and
                                                  concerns for neurotoxicity and                            The SNUR designates as a ‘‘significant              (b)(4)(ii).
                                                  uncertain concern for cardiac                           new use’’ the absence of these protective                Recommended testing: EPA has
                                                  sensitization. Further, based on SAR                    measures.                                             determined that the results of a
                                                  analysis of test data on analogous                        Recommended testing: EPA has                        sediment-water lumbriculus toxicity test
                                                  substances, EPA identified concerns for                 determined that a 90-day inhalation                   (OECD Test Guideline 225); a combined
                                                  developmental toxicity. As described in                 toxicity test (OPPTS Test Guideline                   repeated dose toxicity study with the
                                                  the PMN, EPA does not expect                            870.3465) in rats would help                          reproduction/developmental toxicity
                                                  significant occupational exposures due                  characterize possible health effects of               screening test (OECD Test Guideline
                                                  to use of adequate personal protective                  the substance. The Order does not                     422); a fish acute toxicity test,
                                                  equipment, and consumer exposures are                   require this testing at any specified time            freshwater and marine (OPPTS Test
                                                  not expected as the PMN substance is                    or production volume. However, the                    Guideline 850.1075); an aquatic
                                                  not used in consumer products.                          Order’s restrictions on manufacture,                  invertebrate acute toxicity test,
                                                  Therefore, EPA has not determined that                  processing, distribution in commerce,                 freshwater daphnids (OPPTS Test
                                                  the proposed manufacturing,                             use, and disposal of the PMN substances               Guideline 850.1010); and an algal
                                                  processing, or use of the substance may                 will remain in effect until the Order is              toxicity test (OCSPP Test Guideline
                                                  present an unreasonable risk. EPA has                   modified or revoked by EPA based on                   850.4500) would help characterize the
                                                  determined, however, that any use of                    submission of that or other relevant                  human health and environmental effects
                                                  the substance other than as listed in the               information.                                          of the PMN substance. All ecotoxicity
                                                  PMN or any use in a consumer product                      CFR citation: 40 CFR 721.10908.                     tests should analyze the PMN substance
                                                  may result in significant adverse human                                                                       as well as the hydrolysis products.
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                                                  health effects. Based on this                           PMN Number P–15–332
                                                                                                                                                                   CFR citation: 40 CFR 721.10909.
                                                  information, the PMN substance meets                      Chemical name: Polyalkyltrisiloxane
                                                  the concern criteria at § 721.170 (b)(3)(i)             (generic).                                            PMN Number P–15–356
                                                  and (b)(3)(ii).                                           CAS number: Claimed confidential.                     Chemical names: Oxirane, 2,2′-[[1-[4-
                                                     Recommended testing: EPA has                           Basis for action: The PMN states that               [1-methyl-1-[4-(2-
                                                  determined that the results of 90-day                   the generic (non-confidential) use of the             oxiranylmethoxy)phenyl]ethyl]phenyl]
                                                  inhalation toxicity (OPPTS Test                         substance will be as a site-limited                   ethylidene]bis(4,1-
                                                  Guideline 870.3465) would help                          intermediate. Based on SAR analysis of                phenyleneoxymethylene)]bis- (P–15–


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                                                                      Federal Register / Vol. 81, No. 94 / Monday, May 16, 2016 / Rules and Regulations                                             30463

                                                  356, Chemical A); and 2-Propanol, 1,3-                  environmental effects of the PMN                      use of the substance may present an
                                                  bis[4-[1-[4-[1-methyl-1-[4-(2-                          substances.                                           unreasonable risk. EPA has determined,
                                                  oxiranylmethoxy)phenyl]ethyl]phenyl]-                     CFR citations: 40 CFR 721.10910 (P–                 however, that any use of the substance
                                                  1-[4-(2-oxiranylmethoxy)phenyl]ethyl]                   15–356, chemical A) and 40 CFR                        without a NIOSH-certified particulate
                                                  phenoxy]- (P–15–356, Chemical B).                       721.10911 (P–15–356, chemical B).                     respirator with an APF of at least 10
                                                     CAS numbers: 115254–47–2 (P–15–                                                                            where there is a potential for inhalation
                                                                                                          PMN Number P–15–363
                                                  356, Chemical A) and 180063–56–3 (P–                                                                          exposure, or any use in consumer
                                                  15–356, Chemical B).                                       Chemical name: Aliphatic acrylate                  products may cause serious health
                                                     Basis for action: The PMN states that                (generic).                                            effects. Based on this information, the
                                                                                                             CAS number: Claimed confidential.                  PMN substance meets the concern
                                                  the substances will be used as additives
                                                                                                             Basis for action: The PMN states that              criteria at § 721.170(b)(3)(ii).
                                                  in polymer formulation for electronics.
                                                                                                          the generic (non-confidential) use of the                Recommended testing: EPA has
                                                  Based on test data on the PMN
                                                                                                          substance will be as a monomer. Based                 determined that the results of a skin
                                                  substances and on SAR analysis of test
                                                                                                          on SAR analysis of test data on                       sensitization test (OPPTS Test Guideline
                                                  data on analogous epoxides, EPA
                                                                                                          analogous acrylates, EPA predicts                     870.2600) and a 90-day inhalation
                                                  identified concerns for respiratory
                                                                                                          toxicity to aquatic organisms may occur               toxicity test (OPPTS Test Guideline
                                                  sensitization and irritation,
                                                                                                          at concentrations that exceed 1 ppb of                870.3465) would help characterize the
                                                  mutagenicity, developmental toxicity,
                                                                                                          the PMN substance in surface waters. As               human health effects of the PMN
                                                  male reproduction toxicity, liver and
                                                                                                          described in the PMN, releases of the                 substance.
                                                  kidney toxicity, and oncogenicity.
                                                                                                          substance are not expected to result in                  CFR citation: 40 CFR 721.10913.
                                                  Additionally, based on SAR analysis of
                                                                                                          surface water concentrations that exceed
                                                  test data on analogous polyepoxides,                                                                          PMN Number P–15–382
                                                                                                          1 ppb. Therefore, EPA has not
                                                  EPA predicts toxicity to aquatic                                                                                 Chemical name: Polyitaconic acid,
                                                                                                          determined that the proposed
                                                  organisms may occur at concentrations                                                                         sodium zinc salt (generic).
                                                                                                          manufacturing, processing, or use of the
                                                  that exceed 1 ppb of the PMN                                                                                     CAS number: Claimed confidential.
                                                                                                          substance may present an unreasonable
                                                  substances in surface waters. Further,                                                                           Basis for action: The PMN states that
                                                                                                          risk. EPA has determined, however, that
                                                  EPA has concerns that the PMN                                                                                 the substance will be used as an odor
                                                                                                          any use of the substance resulting in
                                                  substances are potentially PBT                                                                                neutralization for pet litter and cleaning
                                                                                                          surface water concentrations exceeding
                                                  chemicals as described in the New                                                                             hard surface surfaces, fabrics, skin and
                                                                                                          1 ppb may result in significant adverse
                                                  Chemical Program’s PBT category (64                                                                           hair; an odor neutralization for air car;
                                                                                                          environmental effects. Based on this
                                                  FR 60194; November 4, 1999) (FRL–                                                                             and an odor neutralization for waste
                                                                                                          information, the PMN substance meets
                                                  6097–7). EPA estimates that the PMN                                                                           processing and solid waste management
                                                                                                          the concern criteria at
                                                  substances will persist in the                                                                                in paper, oil, gas, mining, agriculture,
                                                                                                          § 721.170(b)(4)(ii).
                                                  environment more than 2 months and                         Recommended testing: EPA has                       food and municipal industries. Based on
                                                  estimates a bioaccumulation factor of                   determined that the results of a fish                 SAR analysis of test data on analogous
                                                  greater than or equal to 1,000. For the                 acute toxicity test, freshwater and                   zinc salts, EPA predicts toxicity to
                                                  use described in the PMN, EPA expects                   marine (OPPTS Test Guideline                          aquatic organisms may occur at
                                                  occupational exposures to be minimal                    850.1075); an acute invertebrate toxicity             concentrations that exceed 4 ppb of the
                                                  and does not expect releases to surface                 test, freshwater daphnids (OPPTS Test                 PMN substance in surface waters for
                                                  waters. Therefore, EPA has not                          Guideline 850.1010); and an algal                     greater than 20 days per year. This 20-
                                                  determined that the proposed                            toxicity test (OCSPP Test Guideline                   day criterion is derived from partial life
                                                  manufacturing, processing, or use of the                850.4500) would help characterize the                 cycle tests (daphnid chronic and fish
                                                  substances may present an unreasonable                  environmental effects of the PMN                      early life stage tests) that typically range
                                                  risk. EPA has determined, however, that                 substance.                                            from 21 to 28 days in duration. EPA
                                                  any use of the substances other than as                    CFR citation: 40 CFR 721.10912.                    predicts toxicity to aquatic organisms
                                                  additives in polymer formulation for                                                                          may occur if releases of the substance to
                                                  electronics or any use of the substances                PMN Number P–15–378                                   surface water, from uses other than as
                                                  resulting in releases to surface waters                   Chemical name: Diisocyanato hexane,                 described in the PMN, exceed releases
                                                  may cause serious human health or                       homopolymer, alkanoic acid-                           from the use described in the PMN. For
                                                  significant adverse environmental                       polyalkylene glycol ether with                        the use described in the PMN,
                                                  effects. Based on this information, the                 substituted alkane (3:1) reaction                     environmental releases did not exceed 4
                                                  PMN substances meet the concern                         products-blocked (generic).                           ppb for more than 20 days per year.
                                                  criteria at § 721.170(b)(1)(i)(C), (b)(3)(i),             CAS number: Claimed confidential.                   Therefore, EPA has not determined that
                                                  (b)(3)(ii), and (b)(4)(ii).                               Basis for action: The PMN states that               the proposed manufacturing,
                                                     Recommended testing: EPA has                         the substance will be used as a dual                  processing, or use of the substance may
                                                  determined that the results of a                        cure/UV cure adhesion/barrier coating                 present an unreasonable risk. EPA has
                                                  combined repeated dose toxicity study                   for wood substrates. Based on SAR                     determined, however, that any use of
                                                  with the reproduction/developmental                     analysis of test data on analogous                    the substance other than as listed in the
                                                  toxicity screening test (OECD Test                      diisocyanates, EPA identified concerns                PMN may result in significant adverse
                                                  Guideline 422); a sediment-water                        for respiratory sensitization. As                     environmental effects. Based on this
                                                  chironomid life-cycle toxicity test                     described in the PMN, EPA does not                    information, the PMN substance meets
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                                                  (OECD Test Guideline 233), using                        expect significant occupational dermal                the concern criteria at
                                                  spiked water or spiked sediment; a fish                 or inhalation exposure due to use of                  § 721.170(b)(4)(ii).
                                                  early-life stage toxicity test (OPPTS Test              adequate personal protective equipment                   Recommended testing: EPA has
                                                  Guideline 850.1400); a daphnid chronic                  and consumer exposures are not                        determined that the results of a fish
                                                  toxicity test (OPPTS Test Guideline                     expected as the PMN substance is not                  early-life stage toxicity test (OPPTS Test
                                                  850.1300); and an algal toxicity test                   used in consumer products. Therefore,                 Guideline 850.1400); a daphnid chronic
                                                  (OCSPP Test Guideline 850.4500) would                   EPA has not determined that the                       toxicity test (OPPTS Test Guideline
                                                  help characterize the human health and                  proposed manufacture, processing, or                  850.1300); and an algal toxicity test


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                                                  30464               Federal Register / Vol. 81, No. 94 / Monday, May 16, 2016 / Rules and Regulations

                                                  (OCSPP Test Guideline 850.4500) would                   and mutagenicity. As described in the                 gloves, where there is a potential for
                                                  help characterize the environmental                     PMN, EPA does not expect significant                  dermal exposures; any use of the
                                                  effects of the PMN substance.                           risk to workers due to use of adequate                substance other than an intermediate; or
                                                     CFR citation: 40 CFR 721.10914.                      personal protective equipment.                        any use of the substance resulting in
                                                                                                          Therefore, EPA has not determined that                surface water concentrations exceeding
                                                  PMN Number P–15–411
                                                                                                          the proposed manufacturing,                           1 ppb may result in serious human
                                                     Chemical name: Fatty acid esters with                processing, or use of the substance may               health or significant adverse
                                                  polyols polyalkyl ethers (generic).                     present an unreasonable risk. EPA has                 environmental effects. Based on this
                                                     CAS number: Claimed confidential.                    determined, however, that any use of                  information, the PMN substance meets
                                                     Basis for action: The PMN states that                the substance other than in a liquid                  the concern criteria at § 721.170(b)(3)(ii)
                                                  the generic (non-confidential) use of the               formulation could result in exposures                 and (b)(4)(ii).
                                                  substance will be as an anti-rust coating               which may cause serious health effects.                  Recommended testing: EPA has
                                                  solution additive. Based on SAR                         Based on this information, the PMN                    determined that the results of a
                                                  analysis of test data on analogous                      substance meets the concern criteria at               sediment-water lumbriculus toxicity test
                                                  nonionic surfactants, EPA predicts                      § 721.170(b)(1)(i)(C), (b)(3)(i) and                  (OECD Test Guideline 225) using spiked
                                                  toxicity to aquatic organisms may occur                 (b)(3)(ii).                                           sediment; a combined repeated dose
                                                  at concentrations that exceed 30 ppb of                    Recommended testing: EPA has                       toxicity study with the reproduction/
                                                  the PMN substance in surface waters. As                 determined that the results of an ames                developmental toxicity screening test
                                                  described in the PMN, releases of the                   assay (OPPTS Test Guideline 870.5100)                 (OECD Test Guideline 422); a fish early-
                                                  substance are not expected to result in                 with the rival modification; a mouse                  life stage toxicity test (OPPTS Test
                                                  surface water concentrations that exceed                micronucleus assay conducted by the                   Guideline 850.1400); a daphnid chronic
                                                  30 ppb. Therefore, EPA has not                          oral route (OPPTS Test Guideline                      toxicity test (OPPTS Test Guideline
                                                  determined that the proposed                            870.5395); and a combined repeated                    850.1300); and an algal toxicity test
                                                  manufacturing, processing, or use of the                dose and developmental toxicity and                   (OCSPP Test Guideline 850.4500) would
                                                  substance may present an unreasonable                   reproductive toxicity screening test                  help characterize the human health and
                                                  risk. EPA has determined, however, that                 (OPPTS Test Guideline 870.3650) would                 environmental effects of the PMN
                                                  any use of the substance resulting in                   help to characterize the health effects of            substance. All ecotoxicity tests should
                                                  surface water concentrations exceeding                  the PMN substance.                                    analyze for the PMN substance as well
                                                  30 ppb may result in significant adverse                   CFR citation: 40 CFR 721.10916.                    as the hydrolysis products.
                                                  environmental effects. Based on this                    PMN Number P–15–492                                      CFR citation: 40 CFR 721.10917.
                                                  information, the PMN substance meets
                                                                                                             Chemical name: Polymethylsiloxane,                 PMN Number P–15–502
                                                  the concern criteria at
                                                  § 721.170(b)(4)(ii).                                    distillation residues (generic).                        Chemical name:
                                                     Recommended testing: EPA has                            CAS number: Claimed confidential.                  Perfluorobutanesulfonamide and
                                                  determined that the results of a fish                      Basis for action: The PMN states that              polyoxyalkylene containing
                                                  acute toxicity test, freshwater and                     the generic (non-confidential) use of the             polyurethane (generic).
                                                  marine (OPPTS Test Guideline                            substance will be as a site-limited                     CAS number: Claimed confidential.
                                                  850.1075); an acute invertebrate toxicity               intermediate. Based on SAR analysis                     Effective date of TSCA section 5(e)
                                                  test, freshwater daphnids (OPPTS Test                   test data on analogous silanes, EPA                   consent order: November 4, 2015.
                                                  Guideline 850.1010); and an algal                       identified concerns for mutagenicity,                   Basis for TSCA section 5(e) consent
                                                  toxicity test (OCSPP Test Guideline                     liver and kidney toxicity, thyroid                    order: The PMN states that the generic
                                                  850.4500) would help characterize the                   effects, and reproductive and                         (non-confidential) use of the substance
                                                  environmental effects of the PMN                        developmental toxicity from dermal and                will be as a protective treatment. EPA
                                                  substance.                                              inhalation exposures to the PMN                       has concerns for potential incineration
                                                     CFR citation: 40 CFR 721.10915.                      substance. Further, based on SAR                      or other decomposition products of the
                                                                                                          analysis of test data on analogous                    PMN substance. These fluorinated
                                                  PMN Number P–15–435                                     neutral organics, EPA predicts toxicity               decomposition products may be
                                                    Chemical name: 2,7-                                   to aquatic organisms may occur at                     released to the environment from
                                                  Naphthalenedisulfonic acid, 4-amino-3-                  concentrations that exceed 1 ppb of the               incomplete incineration of the PMN
                                                  [substituted]-5-hydroxy-6-[(1E)-2-                      PMN substance in surface waters. For                  substance at low temperatures. EPA has
                                                  phenyldiazenyl]-, lithium salt (1:3)                    the intermediate use described in the                 preliminary evidence, including data on
                                                  (generic).                                              PMN, occupational exposures are                       some fluorinated polymers which
                                                    CAS number: Claimed confidential.                     expected to be minimal due to the use                 suggest that under some conditions, the
                                                    Basis for action: The PMN states that                 of adequate respiratory and dermal                    PMN substance could degrade in the
                                                  the generic (non-confidential) use of the               personal protection equipment, and                    environment. EPA has concerns that
                                                  substance will be as a direct anionic                   releases of the substance are not                     these degradation products will persist
                                                  dyestuff for the printing industry. Based               expected to result in surface water                   in the environment, could
                                                  on the results of a 28-day oral study for               concentrations that exceed 1 ppb.                     bioaccumulate or biomagnify, and could
                                                  the PMN substance, EPA predicts                         Therefore, EPA has not determined that                be toxic (PBT) to people, wild
                                                  anemia, effects on the adrenals, spleen,                the proposed manufacturing,                           mammals, and birds. These concerns are
                                                  kidney, lymph nodes and                                 processing, or use of the substance may               based on data on analogous chemical
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                                                  immunotoxicity. In addition, based on                   present an unreasonable risk. EPA has                 substances, including PFOA and other
                                                  the lithium salt of the PMN, EPA                        determined, however, that any use of                  perfluorinated alkyls, including the
                                                  identified concerns for developmental                   the substance without the use of a                    presumed environmental degradant.
                                                  toxicity and neurotoxicity. Further,                    NIOSH-certified respirator with gas/                  EPA also has concerns that under some
                                                  based on SAR analysis of test data on                   vapor cartridges and an APF of at least               conditions of use, particularly non-
                                                  analogous azo reduction products, EPA                   10, where there is a potential for                    industrial, commercial, or consumer
                                                  identified concerns for blood effects,                  inhalation exposures, any use of the                  use, the PMN substance could cause
                                                  developmental toxicity, oncogenicity,                   substance without the use of impervious               lung effects, based on limited data on


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                                                                      Federal Register / Vol. 81, No. 94 / Monday, May 16, 2016 / Rules and Regulations                                          30465

                                                  some perfluorinated compounds.                          (quaternary ammonium) surfactants,                    870.3465) would help characterize the
                                                  Concerns for the PMN substance are for                  EPA predicts toxicity to aquatic                      human health effects of the PMN
                                                  lung toxicity from waterproofing of lung                organisms may occur at concentrations                 substance.
                                                  membrane, based on PMN properties.                      that exceed 24 ppb of the PMN                           CFR citation: 40 CFR 721.10920.
                                                  The order was issued under TSCA                         substance in surface waters. As                       PMN Number P–15–573
                                                  sections 5(e)(1)(A)(i) and 5(e)(1)(A)(ii)(I),           described in the PMN, releases of the
                                                  based on a finding that the substance                   substance are not expected to result in                  Chemical name:
                                                  and its potential intermediate and/or                   surface water concentrations that exceed              2-Furancarboxyaldehyde,
                                                  ultimate degradation products may                       24 ppb. Therefore, EPA has not                        5-(chloromethyl)-.
                                                  present an unreasonable risk of injury to               determined that the proposed                             CAS number: 1623–88–7.
                                                                                                          manufacturing, processing, or use of the                 Basis for action: The PMN states that
                                                  the environment and human health.
                                                    1. Risk notification. If as a result of               substance may present an unreasonable                 the use of the substance will be as a
                                                  the test data required, the company                     risk. EPA has determined, however, that               chemical intermediate. Based on SAR
                                                  becomes aware that the PMN substance                    any use of the substance resulting in                 analysis of test data on analogous
                                                                                                          surface water concentrations exceeding                aldehydes, the EPA identified human
                                                  may present a risk of injury to human
                                                                                                          24 ppb may result in significant adverse              health concerns for liver toxicity,
                                                  health or the environment, the company
                                                                                                          environmental effects. Based on this                  neurotoxicity, sensitization, and cancer
                                                  must incorporate this new information,
                                                                                                          information, the PMN substance meets                  to workers exposed through dermal and
                                                  and any information on methods for
                                                                                                          the concern criteria at                               inhalation routes. For the chemical
                                                  protecting against such risk into an
                                                                                                          § 721.170(b)(4)(ii).                                  intermediate use described in the PMN,
                                                  MSDS, within 90 days.
                                                    2. Submission of certain                                 Recommended testing: EPA has                       occupational exposures are expected to
                                                  environmental fate testing on the PMN                   determined that the results of a fish                 be minimal due to the use of adequate
                                                                                                          early-life stage toxicity test (OPPTS Test            personal protective equipment and a
                                                  substance prior to exceeding the
                                                                                                          Guideline 850.1400); a daphnid chronic                continuous reaction process such that
                                                  confidential production volume limit as
                                                                                                          toxicity test (OPPTS Test Guideline                   no greater than 50 kilograms of the PMN
                                                  specified in the consent order of the
                                                                                                          850.1300); and an algal toxicity test                 substance is present in the workplace at
                                                  PMN substance.
                                                    3. No use of the PMN substance in                     (OCSPP Test Guideline 850.4500) would                 a given time for this use. Therefore, EPA
                                                  consumer spray products.                                help characterize the environmental                   has not determined that the proposed
                                                    The SNUR designates as a ‘‘significant                effects of the PMN substance.                         manufacturing, processing, or use of the
                                                  new use’’ the absence of these protective                  CFR citation: 40 CFR 721.10919.                    substance may present an unreasonable
                                                  measures.                                                                                                     risk. EPA has determined, however, that
                                                                                                          PMN Number P–15–559                                   any use without the use of a NIOSH-
                                                    Recommended testing: EPA has
                                                  determined that the results of an aerobic                  Chemical name: Modified                            certified respirator with an APF of at
                                                  and anaerobic transformation in soil test               diphenylmethane diisocyanate                          least 50, where there is a potential for
                                                  (OECD Test Guideline 307) would help                    prepolymer with polyol (generic).                     inhalation exposures; any use without
                                                  characterize the possible degradation of                   CAS number: Claimed confidential.                  the use of impervious gloves, where
                                                  the PMN substance. The submitter has                       Basis for action: The PMN states that              there is a potential for dermal
                                                  agreed to submit the results of this test               the generic (non-confidential) use of the             exposures, any use of the substance
                                                  by the confidential production volume                   substance will be as a raw material for               other than as a chemical intermediate;
                                                  identified in the consent order. EPA had                flexible foam. Based on SAR analysis of               or any use beyond the annual
                                                  determined that the results of a                        analogous diisocyanates, EPA identified               production volume limit of 15,000
                                                  phototransformation of chemicals on                     concerns for potential dermal and                     kilograms may result in serious human
                                                  soil surfaces (OECD Draft Document                      respiratory sensitization from dermal                 health or significant adverse
                                                  January 2002) would help characterize                   and inhalation exposures, and for                     environmental effects. Based on this
                                                  the degradation potential of the PMN                    pulmonary toxicity from inhalation                    information, the PMN substance meets
                                                  substance. The Order does not require                   exposure, to the PMN substance where                  the concern criteria at
                                                  this testing at any specified time or                   the average molecular weight is below                 § 721.170(b)(1)(i)(C) and (b)(3)(ii).
                                                  production volume. However, the                         7,500 daltons and any molecular weight                   Recommended testing: EPA has
                                                  Order’s restrictions on manufacture,                    species is below 1,000 daltons. For the               determined that the results of a skin
                                                  processing, distribution in commerce,                   molecular weight distribution described               sensitization (OECD Test Guideline 406)
                                                  use, and disposal of the PMN substances                 in the PMN, significant occupational                  would help characterize the human
                                                  will remain in effect until the Order is                exposures are not expected. Therefore,                health effects of the PMN substance; a
                                                  modified or revoked by EPA based on                     EPA has not determined that the                       combined repeated dose toxicity test
                                                  submission of that or other relevant                    proposed manufacture of the substance                 with the reproduction/developmental
                                                  information.                                            may present an unreasonable risk. EPA                 toxicity screening test (OECD Test
                                                    CFR citation: 40 CFR 721.10918.                       has determined, however, that any                     Guideline 422) with functional
                                                                                                          manufacture of the PMN substance with                 observational battery (FOB); a standard
                                                  PMN Number P–15–542                                     an average molecular weight below                     test method for permeation of liquids
                                                    Chemical name: Quaternary                             7,500 daltons, and where any molecular                and gases through protective clothing
                                                  ammonium compounds, (3-chloro-2-                        weight species is below 1,000 daltons                 materials under conditions of
                                                  hydroxypropyl)coco alkyldimethyl,                       may cause serious health effects. Based               continuous contact (ASTM Test
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                                                  chlorides.                                              on this information, the PMN substance                Guideline F739) using the format
                                                    CAS number: 690995–44–9.                              meets the concern criteria at                         specified in the standard guide for
                                                    Basis for action: The PMN states that                 § 721.170(b)(3)(ii).                                  documenting the results of chemical
                                                  the substance will be used as an                           Recommended testing: EPA has                       permeation testing of materials used in
                                                  intermediate for surfactant production,                 determined that the results of a skin                 protective clothing materials (ASTM
                                                  and as a chemical intermediate for sale                 sensitization test (OPPTS Test Guideline              Test Guideline F1194–99(2010)); and a
                                                  into commerce. Based on SAR analysis                    870.2600) and a 90-day inhalation                     carcinogenicity test (OECD Test
                                                  of test data on analogous cationic                      toxicity test (OPPTS Test Guideline                   Guideline 451) would help characterize


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                                                  30466               Federal Register / Vol. 81, No. 94 / Monday, May 16, 2016 / Rules and Regulations

                                                  the human health effects of the PMN                     PMN, releases of the substance are not                Depending on the results of these tests,
                                                  substance.                                              expected to result in surface water                   EPA has determined that the results of
                                                    CFR citation: 40 CFR 721.10921.                       concentrations that exceed 1 ppb.                     an aerobic and anaerobic metabolism
                                                                                                          Therefore, EPA has not determined that                test (OECD Test Guideline 308) in
                                                  PMN Number P–15–607
                                                                                                          the proposed manufacturing,                           aquatic sediment systems test; and a
                                                     Chemical name: 1,2,4,5,7,8-                          processing, or use of the substance may               sediment water chironomid life-cycle
                                                  Hexoxonane, 3,6,9-trimethyl-, 3,6,9-                    present an unreasonable risk. EPA has                 toxicity test (OECD Test Guideline 233)
                                                  tris(alkyl) derivs. (generic).                          determined, however, that any use of                  using spiked water or spiked sediment
                                                     CAS number: Claimed confidential.                    the substance resulting in surface water              would help to further characterize the
                                                     Basis for action: The PMN states that                concentrations exceeding 1 ppb may                    environmental effects of the PMN
                                                  the generic (non-confidential) use of the               result in significant adverse                         substances.
                                                  substance will be as an initiator for                   environmental effects. Based on this                    CFR citation: 40 CFR 721.10924.
                                                  polymerization. Based on data on the                    information, the PMN substance meets
                                                  PMN substance, as well as SAR analysis                                                                        V. Rationale and Objectives of the Rule
                                                                                                          the concern criteria at § 721.170 (b)(4)(i)
                                                  of test data on analogous peroxides, EPA                and (b)(4)(ii).                                       A. Rationale
                                                  predicts toxicity to aquatic organisms                    Recommended testing: EPA has                           During review of the PMNs submitted
                                                  may occur at concentrations that exceed                 determined that the results of a fish                 for the chemical substances that are
                                                  56 ppb of the PMN substance in surface                  early-life stage toxicity test (OPPTS Test            subject to these SNURs, EPA concluded
                                                  waters for greater than 20 days per year.               Guideline 850.1400) and a daphnid                     that for 10 of the 55 chemical
                                                  This 20-day criterion is derived from                   chronic toxicity test (OPPTS Test                     substances, regulation was warranted
                                                  partial life cycle tests (daphnid chronic               Guideline 850.1300) would help                        under TSCA section 5(e), pending the
                                                  and fish early life stage tests) that                   characterize the environmental effects of             development of information sufficient to
                                                  typically range from 21 to 28 days in                   the PMN substance.                                    make reasoned evaluations of the health
                                                  duration. EPA predicts toxicity to                        CFR citation: 40 CFR 721.10923.                     or environmental effects of the chemical
                                                  aquatic organisms may occur if releases                                                                       substances. The basis for such findings
                                                                                                          PMN Numbers P–15–689 and P–15–690
                                                  of the substance to surface water, from                                                                       is outlined in Unit IV. Based on these
                                                  uses other than as described in the                        Chemical names: Vegetable fatty acid
                                                                                                                                                                findings, TSCA section 5(e) consent
                                                  PMN, exceed releases from the use                       alkyl esters (generic).
                                                                                                             CAS numbers: Claimed confidential.                 orders requiring the use of appropriate
                                                  described in the PMN. For the use                                                                             exposure controls were negotiated with
                                                  described in the PMN, environmental                        Basis for action: The PMNs state that
                                                                                                          the substances will be used as chemical               the PMN submitters. The SNUR
                                                  releases did not exceed 56 ppb for more                                                                       provisions for these chemical
                                                  than 20 days per year. Therefore, EPA                   intermediates. Based on SAR analysis of
                                                                                                          test data on analogous esters, EPA                    substances are consistent with the
                                                  has not determined that the proposed                                                                          provisions of the TSCA section 5(e)
                                                  manufacturing, processing, or use of the                predicts toxicity to aquatic organisms
                                                                                                          may occur at concentrations that exceed               consent orders. These SNURs are
                                                  substance may present an unreasonable                                                                         promulgated pursuant to § 721.160 (see
                                                  risk. EPA has determined, however, that                 1 ppb of the PMN substances in surface
                                                                                                          waters for greater than 20 days per year.             Unit VI.).
                                                  any use of the substance other than as                                                                           In the other 45 cases, where the uses
                                                  listed in the PMN may result in                         This 20-day criterion is derived from
                                                                                                                                                                are not regulated under a TSCA section
                                                  significant adverse environmental                       partial life cycle tests (daphnid chronic
                                                                                                                                                                5(e) consent order, EPA determined that
                                                  effects. Based on this information, the                 and fish early-life stage tests) that
                                                                                                                                                                one or more of the criteria of concern
                                                  PMN substance meets the concern                         typically range from 21 to 28 days in
                                                                                                                                                                established at § 721.170 were met, as
                                                  criteria at § 721.170(b)(4)(i) and                      duration. EPA predicts toxicity to
                                                                                                                                                                discussed in Unit IV.
                                                  (b)(4)(ii).                                             aquatic organisms may occur if releases
                                                     Recommended testing: EPA has                         of the substances to surface water                    B. Objectives
                                                  determined that the results of a fish                   exceeds releases from the use described                  EPA is issuing these SNURs for
                                                  early-life stage toxicity test (OPPTS Test              in the PMN. For the chemical                          specific chemical substances which
                                                  Guideline 850.1400) using a solvent                     intermediate use described in the PMN,                have undergone premanufacture review
                                                  where the effects of the solvent are                    environmental releases did not exceed 1               because the Agency wants to achieve
                                                  already known or measured, would help                   ppb for more than 20 days per year.                   the following objectives with regard to
                                                  characterize the environmental effects of               Therefore, EPA has not determined that                the significant new uses designated in
                                                  the PMN substance.                                      the proposed manufacturing,                           this rule:
                                                     CFR citation: 40 CFR 721.10922.                      processing, or use of the substances may                 • EPA will receive notice of any
                                                                                                          present an unreasonable risk. EPA has                 person’s intent to manufacture or
                                                  PMN Number P–15–671                                     determined, however, that any use of                  process a listed chemical substance for
                                                    Chemical name: 9-Octadecen-1-                         the substances other than as an                       the described significant new use before
                                                  amine, hydrochloride (1:1), (9Z)-.                      intermediate may result in significant                that activity begins.
                                                    CAS number: 41130–29–4.                               adverse environmental effects. Based on                  • EPA will have an opportunity to
                                                    Basis for action: The PMN states that                 this information, the PMN substances                  review and evaluate data submitted in a
                                                  the substance will be used as an                        meet the concern criteria at                          SNUN before the notice submitter
                                                  emulsifying agent used in the                           § 721.170(b)(4)(ii).                                  begins manufacturing or processing a
                                                  production of asphalt emulsions for                        Recommended testing: EPA has                       listed chemical substance for the
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                                                  chipsealing and other road maintenance                  determined that the results of a fish                 described significant new use.
                                                  techniques. Based on test data for the                  early-life stage toxicity test (OPPTS Test               • EPA will be able to regulate
                                                  PMN substance, as well as SAR analysis                  Guideline 850.1400); a daphnid chronic                prospective manufacturers or processors
                                                  of test data on analogous aliphatic                     toxicity test (OPPTS Test Guideline                   of a listed chemical substance before the
                                                  amines, EPA predicts toxicity to aquatic                850.1300); and an algal toxicity test                 described significant new use of that
                                                  organisms may occur at concentrations                   (OCSPP Test Guideline 850.4500) would                 chemical substance occurs, provided
                                                  that exceed 1 ppb of the PMN substance                  help to characterize the environmental                that regulation is warranted pursuant to
                                                  in surface waters. As described in the                  effects of the PMN substances.                        TSCA sections 5(e), 5(f), 6, or 7.


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                                                                      Federal Register / Vol. 81, No. 94 / Monday, May 16, 2016 / Rules and Regulations                                           30467

                                                    • EPA will ensure that all                            Inventory, EPA recognizes that, before                lists those tests. Unit IV. also lists
                                                  manufacturers and processors of the                     the rule is effective, other persons might            recommended testing for non-5(e)
                                                  same chemical substance that is subject                 engage in a use that has been identified              SNURs. Descriptions of tests are
                                                  to a TSCA section 5(e) consent order are                as a significant new use. However,                    provided for informational purposes.
                                                  subject to similar requirements.                        TSCA section 5(e) consent orders have                 EPA strongly encourages persons, before
                                                    Issuance of a SNUR for a chemical                     been issued for 10 of the 55 chemical                 performing any testing, to consult with
                                                  substance does not signify that the                     substances, and the PMN submitters are                the Agency pertaining to protocol
                                                  chemical substance is listed on the                     prohibited by the TSCA section 5(e)                   selection. To access the OCSPP test
                                                  TSCA Chemical Substance Inventory                       consent orders from undertaking                       guidelines referenced in this document
                                                  (TSCA Inventory). Guidance on how to                    activities which would be designated as               electronically, please go to http://
                                                  determine if a chemical substance is on                 significant new uses. The identities of               www.epa.gov/ocspp and select ‘‘Test
                                                  the TSCA Inventory is available on the                  41 of the 55 chemical substances subject              Methods and Guidelines.’’ The
                                                  Internet at http://www.epa.gov/opptintr/                to this rule have been claimed as                     Organisation for Economic Co-operation
                                                  existingchemicals/pubs/tscainventory/                   confidential and EPA has received no                  and Development (OECD) test
                                                  index.html.                                             post-PMN bona fide submissions (per                   guidelines are available from the OECD
                                                                                                          §§ 720.25 and 721.11). Based on this,                 Bookshop at http://
                                                  VI. Direct Final Procedures
                                                                                                          the Agency believes that it is highly                 www.oecdbookshop.org or SourceOECD
                                                     EPA is issuing these SNURs as a                      unlikely that any of the significant new              at http://www.sourceoecd.org. ASTM
                                                  direct final rule, as described in                      uses described in the regulatory text of              International standards are available at
                                                  § 721.160(c)(3) and § 721.170(d)(4). In                 this rule are ongoing.                                http://www.astm.org/Standard/
                                                  accordance with § 721.160(c)(3)(ii) and                    Therefore, EPA designates May 16,                  index.shtml.
                                                  § 721.170(d)(4)(i)(B), the effective date               2016 as the cutoff date for determining                  In the TSCA section 5(e) consent
                                                  of this rule is July 15, 2016 without                   whether the new use is ongoing. Persons               orders for several of the chemical
                                                  further notice, unless EPA receives                     who begin commercial manufacture or                   substances regulated under this rule,
                                                  written adverse or critical comments, or                processing of the chemical substances                 EPA has established production volume
                                                  notice of intent to submit adverse or                   for a significant new use identified as of            limits in view of the lack of data on the
                                                  critical comments before June 15, 2016.                 that date would have to cease any such                potential health and environmental
                                                     If EPA receives written adverse or                   activity upon the effective date of the               risks that may be posed by the
                                                  critical comments, or notice of intent to               final rule. To resume their activities,               significant new uses or increased
                                                  submit adverse or critical comments, on                 these persons would have to first                     exposure to the chemical substances.
                                                  one or more of these SNURs before June                  comply with all applicable SNUR                       These limits cannot be exceeded unless
                                                  15, 2016, EPA will withdraw the                         notification requirements and wait until              the PMN submitter first submits the
                                                  relevant sections of this direct final rule             the notice review period, including any               results of toxicity tests that would
                                                  before its effective date. EPA will then                extensions, expires. If such a person met             permit a reasoned evaluation of the
                                                  issue a proposed SNUR for the chemical                  the conditions of advance compliance                  potential risks posed by these chemical
                                                  substance(s) on which adverse or                        under § 721.45(h), the person would be                substances. Under recent TSCA section
                                                  critical comments were received,                        considered exempt from the                            5(e) consent orders, each PMN submitter
                                                  providing a 30-day period for public                    requirements of the SNUR. Consult the                 is required to submit each study before
                                                  comment.                                                Federal Register document of April 24,
                                                     This rule establishes SNURs for a                                                                          reaching the specified production limit.
                                                                                                          1990 for a more detailed discussion of                Listings of the tests specified in the
                                                  number of chemical substances. Any                      the cutoff date for ongoing uses.
                                                  person who submits adverse or critical                                                                        TSCA section 5(e) consent orders are
                                                  comments, or notice of intent to submit                 VIII. Test Data and Other Information                 included in Unit IV. The SNURs contain
                                                  adverse or critical comments, must                         EPA recognizes that TSCA section 5                 the same production volume limits as
                                                  identify the chemical substance and the                 does not require developing any                       the TSCA section 5(e) consent orders.
                                                  new use to which it applies. EPA will                   particular test data before submission of             Exceeding these production limits is
                                                  not withdraw a SNUR for a chemical                      a SNUN. The two exceptions are:                       defined as a significant new use.
                                                  substance not identified in the                            1. Development of test data is                     Persons who intend to exceed the
                                                  comment.                                                required where the chemical substance                 production limit must notify the Agency
                                                                                                          subject to the SNUR is also subject to a              by submitting a SNUN at least 90 days
                                                  VII. Applicability of the Significant                   test rule under TSCA section 4 (see                   in advance of commencement of non-
                                                  New Use Designation                                     TSCA section 5(b)(1)).                                exempt commercial manufacture or
                                                    To establish a significant new use,                      2. Development of test data may be                 processing.
                                                  EPA must determine that the use is not                  necessary where the chemical substance                   The recommended tests specified in
                                                  ongoing. The chemical substances                        has been listed under TSCA section                    Unit IV. may not be the only means of
                                                  subject to this rule have undergone                     5(b)(4) (see TSCA section 5(b)(2)).                   addressing the potential risks of the
                                                  premanufacture review. In cases where                      In the absence of a TSCA section 4                 chemical substance. However,
                                                  EPA has not received a notice of                        test rule or a TSCA section 5(b)(4)                   submitting a SNUN without any test
                                                  commencement (NOC) and the chemical                     listing covering the chemical substance,              data may increase the likelihood that
                                                  substance has not been added to the                     persons are required only to submit test              EPA will take action under TSCA
                                                  TSCA Inventory, no person may                           data in their possession or control and               section 5(e), particularly if satisfactory
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                                                  commence such activities without first                  to describe any other data known to or                test results have not been obtained from
                                                  submitting a PMN. Therefore, for                        reasonably ascertainable by them (see 40              a prior PMN or SNUN submitter. EPA
                                                  chemical substances for which an NOC                    CFR 720.50). However, upon review of                  recommends that potential SNUN
                                                  has not been submitted EPA concludes                    PMNs and SNUNs, the Agency has the                    submitters contact EPA early enough so
                                                  that the designated significant new uses                authority to require appropriate testing.             that they will be able to conduct the
                                                  are not ongoing.                                        In cases where EPA issued a TSCA                      appropriate tests.
                                                    When chemical substances identified                   section 5(e) consent order that requires                 SNUN submitters should be aware
                                                  in this rule are added to the TSCA                      or recommends certain testing, Unit IV.               that EPA will be better able to evaluate


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                                                  30468               Federal Register / Vol. 81, No. 94 / Monday, May 16, 2016 / Rules and Regulations

                                                  SNUNs which provide detailed                            determine whether that higher volume                  and given the technical nature of the
                                                  information on the following:                           would be a significant new use.                       table, EPA finds that further notice and
                                                     • Human exposure and                                                                                       comment to amend it is unnecessary. As
                                                  environmental release that may result                   X. SNUN Submissions
                                                                                                                                                                a result, EPA finds that there is ‘‘good
                                                  from the significant new use of the                       According to § 721.1(c), persons                    cause’’ under section 553(b)(3)(B) of the
                                                  chemical substances.                                    submitting a SNUN must comply with                    Administrative Procedure Act (5 U.S.C.
                                                     • Potential benefits of the chemical                 the same notification requirements and                553(b)(3)(B)) to amend this table
                                                  substances.                                             EPA regulatory procedures as persons                  without further notice and comment.
                                                     • Information on risks posed by the                  submitting a PMN, including                              The information collection
                                                  chemical substances compared to risks                   submission of test data on health and                 requirements related to this action have
                                                  posed by potential substitutes.                         environmental effects as described in 40              already been approved by OMB
                                                                                                          CFR 720.50. SNUNs must be submitted                   pursuant to PRA under OMB control
                                                  IX. Procedural Determinations
                                                                                                          on EPA Form No. 7710–25, generated                    number 2070–0012 (EPA ICR No. 574).
                                                     By this rule, EPA is establishing                    using e-PMN software, and submitted to                This action does not impose any burden
                                                  certain significant new uses which have                 the Agency in accordance with the                     requiring additional OMB approval. If
                                                  been claimed as CBI subject to Agency                   procedures set forth in 40 CFR 720.40
                                                  confidentiality regulations at 40 CFR                                                                         an entity were to submit a SNUN to the
                                                                                                          and § 721.25. E–PMN software is                       Agency, the annual burden is estimated
                                                  part 2 and 40 CFR part 720, subpart E.                  available electronically at http://
                                                  Absent a final determination or other                                                                         to average between 30 and 170 hours
                                                                                                          www.epa.gov/opptintr/newchems.                        per response. This burden estimate
                                                  disposition of the confidentiality claim
                                                  under 40 CFR part 2 procedures, EPA is                  XI. Economic Analysis                                 includes the time needed to review
                                                  required to keep this information                         EPA has evaluated the potential costs               instructions, search existing data
                                                  confidential. EPA promulgated a                         of establishing SNUN requirements for                 sources, gather and maintain the data
                                                  procedure to deal with the situation                    potential manufacturers and processors                needed, and complete, review, and
                                                  where a specific significant new use is                 of the chemical substances subject to                 submit the required SNUN.
                                                  CBI, at 40 CFR 721.1725(b)(1).                          this rule. EPA’s complete economic                       Send any comments about the
                                                     Under these procedures a                             analysis is available in the docket under             accuracy of the burden estimate, and
                                                  manufacturer or processor may request                   docket ID number EPA–HQ–OPPT–                         any suggested methods for minimizing
                                                  EPA to determine whether a proposed                     2015–0810.                                            respondent burden, including through
                                                  use would be a significant new use                                                                            the use of automated collection
                                                  under the rule. The manufacturer or                     XII. Statutory and Executive Order                    techniques, to the Director, Collection
                                                  processor must show that it has a bona                  Reviews                                               Strategies Division, Office of
                                                  fide intent to manufacture or process the               A. Executive Order 12866                              Environmental Information (2822T),
                                                  chemical substance and must identify                                                                          Environmental Protection Agency, 1200
                                                                                                            This action establishes SNURs for                   Pennsylvania Ave. NW., Washington,
                                                  the specific use for which it intends to                several new chemical substances that
                                                  manufacture or process the chemical                                                                           DC 20460–0001. Please remember to
                                                                                                          were the subject of PMNs, or TSCA                     include the OMB control number in any
                                                  substance. If EPA concludes that the                    section 5(e) consent orders. The Office
                                                  person has shown a bona fide intent to                                                                        correspondence, but do not submit any
                                                                                                          of Management and Budget (OMB) has                    completed forms to this address.
                                                  manufacture or process the chemical                     exempted these types of actions from
                                                  substance, EPA will tell the person                     review under Executive Order 12866,                   C. Regulatory Flexibility Act (RFA)
                                                  whether the use identified in the bona                  entitled ‘‘Regulatory Planning and
                                                  fide submission would be a significant                                                                          On February 18, 2012, EPA certified
                                                                                                          Review’’ (58 FR 51735, October 4, 1993).              pursuant to RFA section 605(b) (5 U.S.C.
                                                  new use under the rule. Since most of
                                                  the chemical identities of the chemical                 B. Paperwork Reduction Act (PRA)                      601 et seq.), that promulgation of a
                                                  substances subject to these SNURs are                     According to PRA (44 U.S.C. 3501 et                 SNUR does not have a significant
                                                  also CBI, manufacturers and processors                  seq.), an agency may not conduct or                   economic impact on a substantial
                                                  can combine the bona fide submission                    sponsor, and a person is not required to              number of small entities where the
                                                  under the procedure in § 721.1725(b)(1)                 respond to a collection of information                following are true:
                                                  with that under § 721.11 into a single                  that requires OMB approval under PRA,                   1. A significant number of SNUNs
                                                  step.                                                   unless it has been approved by OMB                    would not be submitted by small
                                                     If EPA determines that the use                       and displays a currently valid OMB                    entities in response to the SNUR.
                                                  identified in the bona fide submission                  control number. The OMB control                         2. The SNUR submitted by any small
                                                  would not be a significant new use, i.e.,               numbers for EPA’s regulations in title 40             entity would not cost significantly more
                                                  the use does not meet the criteria                      of the CFR, after appearing in the                    than $8,300.
                                                  specified in the rule for a significant                 Federal Register, are listed in 40 CFR                A copy of that certification is available
                                                  new use, that person can manufacture or                 part 9, and included on the related                   in the docket for this action.
                                                  process the chemical substance so long                  collection instrument or form, if                       This action is within the scope of the
                                                  as the significant new use trigger is not               applicable. EPA is amending the table in              February 18, 2012 certification. Based
                                                  met. In the case of a production volume                 40 CFR part 9 to list the OMB approval                on the Economic Analysis discussed in
                                                  trigger, this means that the aggregate                  number for the information collection                 Unit XI. and EPA’s experience
                                                  annual production volume does not                       requirements contained in this action.                promulgating SNURs (discussed in the
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                                                  exceed that identified in the bona fide                 This listing of the OMB control numbers               certification), EPA believes that the
                                                  submission to EPA. Because of                           and their subsequent codification in the              following are true:
                                                  confidentiality concerns, EPA does not                  CFR satisfies the display requirements                  • A significant number of SNUNs
                                                  typically disclose the actual production                of PRA and OMB’s implementing                         would not be submitted by small
                                                  volume that constitutes the use trigger.                regulations at 5 CFR part 1320. This                  entities in response to the SNUR.
                                                  Thus, if the person later intends to                    Information Collection Request (ICR)                    • Submission of the SNUN would not
                                                  exceed that volume, a new bona fide                     was previously subject to public notice               cost any small entity significantly more
                                                  submission would be necessary to                        and comment prior to OMB approval,                    than $8,300.


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                                                                      Federal Register / Vol. 81, No. 94 / Monday, May 16, 2016 / Rules and Regulations                                                            30469

                                                  Therefore, the promulgation of the                      expected to affect energy supply,                     undesignated center heading
                                                  SNUR would not have a significant                       distribution, or use and because this                 ‘‘Significant New Uses of Chemical
                                                  economic impact on a substantial                        action is not a significant regulatory                Substances’’ to read as follows:
                                                  number of small entities.                               action under Executive Order 12866.
                                                                                                                                                                § 9.1 OMB approvals under the Paperwork
                                                  D. Unfunded Mandates Reform Act                         I. National Technology Transfer and                   Reduction Act.
                                                  (UMRA)                                                  Advancement Act (NTTAA)                               *        *       *          *         *
                                                    Based on EPA’s experience with                           In addition, since this action does not
                                                  proposing and finalizing SNURs, State,                  involve any technical standards,                              40 CFR citation                   OMB control No.
                                                  local, and Tribal governments have not                  NTTAA section 12(d) (15 U.S.C. 272
                                                  been impacted by these rulemakings,                     note), does not apply to this action.
                                                                                                                                                                    *             *               *          *        *
                                                  and EPA does not have any reasons to
                                                                                                          J. Executive Order 12898
                                                  believe that any State, local, or Tribal                                                                              Significant New Uses of Chemical
                                                  government will be impacted by this                        This action does not entail special
                                                                                                                                                                                    Substances
                                                  action. As such, EPA has determined                     considerations of environmental justice
                                                  that this action does not impose any                    related issues as delineated by
                                                  enforceable duty, contain any unfunded                  Executive Order 12898, entitled                          *               *              *          *         *
                                                  mandate, or otherwise have any effect                   ‘‘Federal Actions to Address                          721.10875       .......................          2070–0012
                                                  on small governments subject to the                     Environmental Justice in Minority                     721.10876       .......................          2070–0012
                                                  requirements of UMRA sections 202,                      Populations and Low-Income                            721.10877       .......................          2070–0012
                                                  203, 204, or 205 (2 U.S.C. 1501 et seq.).               Populations’’ (59 FR 7629, February 16,               721.10878       .......................          2070–0012
                                                                                                          1994).                                                721.10879       .......................          2070–0012
                                                  E. Executive Order 13132                                                                                      721.10880       .......................          2070–0012
                                                                                                          XIII. Congressional Review Act                        721.10881       .......................          2070–0012
                                                     This action will not have a substantial
                                                  direct effect on States, on the                           Pursuant to the Congressional Review                721.10882       .......................          2070–0012
                                                                                                          Act (5 U.S.C. 801 et seq.), EPA will                  721.10883       .......................          2070–0012
                                                  relationship between the national
                                                                                                          submit a report containing this rule and              721.10884       .......................          2070–0012
                                                  government and the States, or on the                                                                          721.10885       .......................          2070–0012
                                                  distribution of power and                               other required information to the U.S.
                                                                                                                                                                721.10886       .......................          2070–0012
                                                  responsibilities among the various                      Senate, the U.S. House of
                                                                                                                                                                721.10887       .......................          2070–0012
                                                  levels of government, as specified in                   Representatives, and the Comptroller
                                                                                                                                                                721.10888       .......................          2070–0012
                                                  Executive Order 13132, entitled                         General of the United States prior to                 721.10889       .......................          2070–0012
                                                  ‘‘Federalism’’ (64 FR 43255, August 10,                 publication of the rule in the Federal                721.10890       .......................          2070–0012
                                                  1999).                                                  Register. This action is not a ‘‘major                721.10891       .......................          2070–0012
                                                                                                          rule’’ as defined by 5 U.S.C. 804(2).                 721.10892       .......................          2070–0012
                                                  F. Executive Order 13175                                                                                      721.10893       .......................          2070–0012
                                                                                                          List of Subjects
                                                    This action does not have Tribal                                                                            721.10894       .......................          2070–0012
                                                  implications because it is not expected                 40 CFR Part 9                                         721.10895       .......................          2070–0012
                                                  to have substantial direct effects on                                                                         721.10896       .......................          2070–0012
                                                                                                            Environmental protection, Reporting
                                                  Indian Tribes. This action does not                                                                           721.10897       .......................          2070–0012
                                                                                                          and recordkeeping requirements.
                                                  significantly nor uniquely affect the                                                                         721.10898       .......................          2070–0012
                                                                                                          40 CFR Part 721                                       721.10899       .......................          2070–0012
                                                  communities of Indian Tribal
                                                                                                                                                                721.10900       .......................          2070–0012
                                                  governments, nor does it involve or                       Environmental protection, Chemicals,                721.10901       .......................          2070–0012
                                                  impose any requirements that affect                     Hazardous substances, Reporting and                   721.10902       .......................          2070–0012
                                                  Indian Tribes. Accordingly, the                         recordkeeping requirements.                           721.10903       .......................          2070–0012
                                                  requirements of Executive Order 13175,                     Dated: May 3, 2016.                                721.10904       .......................          2070–0012
                                                  entitled ‘‘Consultation and Coordination                Maria J. Doa,                                         721.10905       .......................          2070–0012
                                                  with Indian Tribal Governments’’ (65 FR                                                                       721.10906       .......................          2070–0012
                                                                                                          Director, Chemical Control Division, Office
                                                  67249, November 9, 2000), do not apply                  of Pollution Prevention and Toxics.                   721.10907       .......................          2070–0012
                                                  to this action.                                                                                               721.10908       .......................          2070–0012
                                                                                                            Therefore, 40 CFR parts 9 and 721 are               721.10909       .......................          2070–0012
                                                  G. Executive Order 13045                                amended as follows:                                   721.10910       .......................          2070–0012
                                                    This action is not subject to Executive                                                                     721.10911       .......................          2070–0012
                                                  Order 13045, entitled ‘‘Protection of                   PART 9—[AMENDED]                                      721.10912       .......................          2070–0012
                                                  Children from Environmental Health                                                                            721.10913       .......................          2070–0012
                                                                                                          ■ 1. The authority citation for part 9                721.10914       .......................          2070–0012
                                                  Risks and Safety Risks’’ (62 FR 19885,                  continues to read as follows:
                                                  April 23, 1997), because this is not an                                                                       721.10915       .......................          2070–0012
                                                                                                             Authority: 7 U.S.C. 135 et seq., 136–136y;         721.10916       .......................          2070–0012
                                                  economically significant regulatory
                                                                                                          15 U.S.C. 2001, 2003, 2005, 2006, 2601–2671;          721.10917       .......................          2070–0012
                                                  action as defined by Executive Order
                                                                                                          21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33         721.10918       .......................          2070–0012
                                                  12866, and this action does not address                 U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318,         721.10919       .......................          2070–0012
                                                  environmental health or safety risks                    1321, 1326, 1330, 1342, 1344, 1345 (d) and            721.10920       .......................          2070–0012
                                                  disproportionately affecting children.                  (e), 1361; E.O. 11735, 38 FR 21243, 3 CFR,            721.10921       .......................          2070–0012
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                                                                                                          1971–1975 Comp. p. 973; 42 U.S.C. 241,                721.10922       .......................          2070–0012
                                                  H. Executive Order 13211                                242b, 243, 246, 300f, 300g, 300g–1, 300g–2,           721.10923       .......................          2070–0012
                                                    This action is not subject to Executive               300g–3, 300g–4, 300g–5, 300g–6, 300j–1,               721.10924       .......................          2070–0012
                                                  Order 13211, entitled ‘‘Actions                         300j–2, 300j–3, 300j–4, 300j–9, 1857 et seq.,         721.10925       .......................          2070–0012
                                                  Concerning Regulations That                             6901–6992k, 7401–7671q, 7542, 9601–9657,
                                                  Significantly Affect Energy Supply,                     11023, 11048.                                             *             *               *          *        *
                                                  Distribution, or Use’’ (66 FR 28355, May                ■ 2. In § 9.1, add the following sections
                                                  22, 2001), because this action is not                   in numerical order under the                          *        *       *          *         *


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                                                  30470                Federal Register / Vol. 81, No. 94 / Monday, May 16, 2016 / Rules and Regulations

                                                  PART 721—[AMENDED]                                       time weighted average (TWA) verified                     (iii) Release to water. Requirements as
                                                                                                           by actual monitoring data.                            specified in § 721.90(a)(1), (b)(1), and
                                                  ■ 3. The authority citation for part 721                    (ii) Hazard communication program.                 (c)(1) apply to the PMN substance
                                                  continues to read as follows:                            Requirements as specified in § 721.72(a)              except under the terms specified in the
                                                    Authority: 15 U.S.C. 2604, 2607, and                   through (e)(concentration set at 0.1                  consent order.
                                                  2625(c).                                                 percent), (f), (g)(1)(i), (g)(1)(ii), (g)(1)(iii),       (b) Specific requirements. The
                                                                                                           (g)(1)(iv), (g)(1)(viii), (g)(1)(ix), (g)(2)(ii),     provisions of subpart A of this part
                                                  ■ 4. Add § 721.10875 to subpart E to                     (g)(2)(iii), (g)(2)(iv)(use respiratory               apply to this section except as modified
                                                  read as follows:                                         protection, or maintain workplace                     by this paragraph.
                                                  § 721.10875      Alkali transition metal oxide           airborne concentrations at or below an                   (1) Recordkeeping. Recordkeeping
                                                  (generic).                                               8-hour time-weighted average of 2.4 mg/               requirements as specified in
                                                     (a) Chemical substance and                            m3), and (g)(5).                                      § 721.125(a), (b), (c), (i), (j), and (k) are
                                                  significant new uses subject to reporting.                  (iii) Industrial, commercial, and                  applicable to manufacturers and
                                                  (1) The chemical substance identified                    consumer activities. Requirements as                  processors of this substance.
                                                  generically as alkali transition metal                   specified in § 721.80(q).                                (2) Limitations or revocation of
                                                  oxide (PMN P–11–150) is subject to                          (b) Specific requirements. The                     certain notification requirements. The
                                                  reporting under this section for the                     provisions of subpart A of this part                  provisions of § 721.185 apply to this
                                                  significant new uses described in                        apply to this section except as modified              section.
                                                  paragraph (a)(2) of this section. The                    by this paragraph.                                       (3) Determining whether a specific use
                                                                                                              (1) Recordkeeping. Recordkeeping                   is subject to this section. The provisions
                                                  requirements of this rule do not apply
                                                                                                           requirements as specified in                          of § 721.1725(b)(1) apply to paragraphs
                                                  to quantities of the PMN substance after
                                                                                                           § 721.125(a) through (d) and (f) through              (a)(2)(i) and (iii) of this section.
                                                  it has been completely reacted (cured).
                                                                                                           (i) are applicable to manufacturers and               ■ 6. Add § 721.10877 to subpart E to
                                                     (2) The significant new uses are:
                                                                                                           processors of this substance.                         read as follows:
                                                     (i) Protection in the workplace. (A)
                                                                                                              (2) Limitations or revocation of
                                                  Requirements as specified in                                                                                   § 721.10877 Polyfluorinated alkyl
                                                                                                           certain notification requirements. The
                                                  § 721.63(a)(4), (a)(6)(ii), (a)(6)(v),                                                                         quaternary ammonium chloride (generic).
                                                                                                           provisions of § 721.185 apply to this
                                                  (a)(6)(vi), (b)(concentration set at 0.1                                                                         (a) Chemical substance and
                                                                                                           section.
                                                  percent), and (c). When determining                         (3) Determining whether a specific use             significant new uses subject to reporting.
                                                  which persons are reasonably likely to                   is subject to this section. The provisions            (1) The chemical substance identified
                                                  be exposed as required for                               of § 721.1725(b)(1) apply to paragraph                generically as polyfluorinated alkyl
                                                  § 721.63(a)(4), engineering control                      (a)(2)(iii) of this section.                          quaternary ammonium chloride (PMN
                                                  measures (e.g., enclosure or                                                                                   P–11–543) is subject to reporting under
                                                                                                           ■ 5. Add § 721.10876 to subpart E to
                                                  confinement of the operation, general                                                                          this section for the significant new uses
                                                                                                           read as follows:
                                                  and local ventilation) or administrative                                                                       described in paragraph (a)(2) of this
                                                  control measures (e.g., workplace                        § 721.10876 Perfluoroalkyl substituted                section.
                                                  policies and procedures) shall be                        alkyl sulfonate (generic).                              (2) The significant new uses are:
                                                  considered and implemented to prevent                      (a) Chemical substance and                            (i) Industrial, commercial, and
                                                  exposure, where feasible. The following                  significant new uses subject to reporting.            consumer activities. Requirements as
                                                  National Institute for Occupational                      (1) The chemical substance identified                 specified in § 721.80(k)(analysis and
                                                  Safety and Health (NIOSH)-certified                      generically as perfluoroalkyl substituted             reporting and limitations of maximum
                                                  respirators with an Assigned Protection                  alkyl sulfonate (PMN P–11–484) is                     impurity levels of certain fluorinated
                                                  Factor (APF) of at least 10 meet the                     subject to reporting under this section               impurities; and use other described in
                                                  requirements of § 721.63(a)(4):                          for the significant new uses described in             the consent order), (o)(use in a
                                                     (1) Any NIOSH-certified air-purifying                 paragraph (a)(2) of this section.                     consumer product that could be spray
                                                  elastomeric half-mask respirator                           (2) The significant new uses are:                   applied), and (q).
                                                  equipped with N100 (if oil aerosols                        (i) Industrial, commercial, and                       (ii) Disposal. Requirements as
                                                  absent), R100, or P100 filters.                          consumer activities. Requirements as                  specified in § 721.85. Incineration of
                                                     (2) Any appropriate NIOSH-certified                   specified in § 721.80 (k)(analysis and                wastes in an incinerator operating at the
                                                  N100 (if oil aerosols absent), R100, or                  reporting and limitations of maximum                  temperature of at least 1,000 degrees
                                                  P100 filtering facepiece respirator.                     impurity levels of certain fluorinated                Celsius and a residence time of
                                                     (3) Any NIOSH-certified air-purifying                 impurities; and use other described in                minimum of 2 seconds. Any tank or
                                                  full facepiece respirator equipped with                  the consent order), (o)(use in a                      vessel washings, residues from transport
                                                  N100 (if oil aerosols absent), R100, or                  consumer product that could be spray                  vessels or tanks, and similar materials
                                                  P100 filters.                                            applied), and (q).                                    that are captured and retained in the
                                                     (4) Any NIOSH-certified negative                        (ii) Disposal. Requirements as                      normal course of manufacturing and
                                                  pressure (demand) supplied air                           specified in § 721.85. Incineration of                processing for re-use in manufacturing
                                                  respirator equipped with a half-mask.                    wastes in an incinerator operating at the             of the PMN substance or products made
                                                     (5) Any NIOSH-certified negative                      temperature of at least 1,000 degrees                 from the PMN substance are exempt
                                                  pressure (demand) self-contained                         Celsius and a residence time of                       from this method of disposal.
                                                  breathing apparatus (SCBA) equipped                      minimum of 2 seconds. Any tank or                        (iii) Release to water. Requirements as
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                                                  with a half-mask.                                        vessel washings, residues from transport              specified in § 721.90(a)(1), (b)(1), and
                                                     (B) As an alternative to the respiratory              vessels or tanks, and similar materials               (c)(1) apply to the PMN substance
                                                  requirements listed here, a manufacturer                 that are captured and retained in the                 except under the terms specified in the
                                                  or processor may choose to follow the                    normal course of manufacturing and                    consent order.
                                                  New Chemical Exposure Limit (NCEL)                       processing for re-use in manufacturing                   (b) Specific requirements. The
                                                  provisions listed in the TSCA section                    of the PMN substance or products made                 provisions of subpart A of this part
                                                  5(e) consent order for this substance.                   from the PMN substance are exempt                     apply to this section except as modified
                                                  The NCEL is 2.4 mg/m3 as an 8-hour                       from this method of disposal.                         by this paragraph.


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                                                                      Federal Register / Vol. 81, No. 94 / Monday, May 16, 2016 / Rules and Regulations                                             30471

                                                     (1) Recordkeeping. Recordkeeping                        (ii) Industrial, commercial, and                   described in paragraph (a)(2) of this
                                                  requirements as specified in                            consumer activities. Requirements as                  section.
                                                  § 721.125(a), (b), (c), (i), (j), and (k) are           specified in § 721.80 (k) and (o)(use in                 (2) The significant new uses are:
                                                  applicable to manufacturers and                         a consumer product that could be spray                   (i) Industrial, commercial, and
                                                  processors of this substance.                           applied), and (q).                                    consumer activities. Requirements as
                                                     (2) Limitations or revocation of                        (b) Specific requirements. The                     specified in § 721.80. A significant new
                                                  certain notification requirements. The                  provisions of subpart A of this part                  use of the substances is any use other
                                                  provisions of § 721.185 apply to this                   apply to this section except as modified              than as chemical intermediates,
                                                  section.                                                by this paragraph.                                    additives for flotation products, or
                                                     (3) Determining whether a specific use                  (1) Recordkeeping. Recordkeeping                   adhesion promoters for use in asphalt
                                                  is subject to this section. The provisions              requirements as specified in                          applications where the surface water
                                                  of § 721.1725(b)(1) apply to paragraphs                 § 721.125(a), (b), (c), (f), (h), and (i) are         concentrations described under
                                                  (a)(2)(i) and (iii) of this section.                    applicable to manufacturers and                       paragraph (a)(3)(i) of this section are
                                                  ■ 7. Add § 721.10878 to subpart E to                    processors of this substance.                         exceeded.
                                                  read as follows:                                           (2) Limitations or revocation of                      (ii) [Reserved].
                                                                                                          certain notification requirements. The                   (3) The significant new uses for any
                                                  § 721.10878 Polyfluorinatedalkylsulfonyl                provisions of § 721.185 apply to this                 use other than as chemical
                                                  substituted alkane derivative (generic).                                                                      intermediated, additives for flotation
                                                                                                          section.
                                                     (a) Chemical substance and                              (3) Determining whether a specific use             products, or adhesion promoters for use
                                                  significant new uses subject to reporting.              is subject to this section. The provisions            in asphalt applications are:
                                                  (1) The chemical substance identified                   of § 721.1725(b)(1) apply to paragraph                   (i) Release to water. Requirements as
                                                  generically as                                          (a)(2)(ii) of this section.                           specified in § 721.90 (a)(4), (b)(4), and
                                                  polyfluorinatedalkylsulfonyl substituted                                                                      (c)(4) (N=1).
                                                                                                          ■ 8. Add § 721.10879 to subpart E to
                                                  alkane derivative (PMN P–14–67) is                                                                               (ii) [Reserved].
                                                                                                          read as follows:
                                                  subject to reporting under this section                                                                          (b) Specific requirements. The
                                                  for the significant new uses described in               § 721.10879 1-Octadecanaminium, N-(3-                 provisions of subpart A of this part
                                                  paragraph (a)(2) of this section. The                   chloro-2-hydroxypropyl)-N,N-dimethyl-,                apply to this section except as modified
                                                  requirements of this rule do not apply                  chloride (1:1).                                       by this paragraph.
                                                  to quantities of the PMN substance after                   (a) Chemical substance and                            (1) Recordkeeping. Recordkeeping
                                                  it has been completely reacted (cured).                 significant new uses subject to reporting.            requirements as specified in
                                                     (2) The significant new uses are:                    (1) The chemical substance identified as              § 721.125(a), (b), (c), (i), and (k) are
                                                     (i) Hazard communication program.                    1-octadecanaminium, N-(3-chloro-2-                    applicable to manufacturers and
                                                  Requirements as specified in § 721.72. A                hydroxypropyl)-N,N-dimethyl-, chloride                processors of these substances.
                                                  significant new use of the substance is                 (1:1) (PMN P–14–125; CAS No. 3001–                       (2) Limitations or revocation of
                                                  any manner or method of manufacture                     63–6) is subject to reporting under this              certain notification requirements. The
                                                  or processing associated with any use of                section for the significant new uses                  provisions of § 721.185 apply to this
                                                  the substance without providing risk                    described in paragraph (a)(2) of this                 section.
                                                  notification as follows:                                section.                                              ■ 10. Add § 721.10881 to subpart E to
                                                     (A) If as a result of the test data                     (2) The significant new uses are:                  read as follows:
                                                  required under TSCA section 5(e)                           (i) Release to water. Requirements as
                                                  consent order for the substance, the                    specified in § 721.90 (a)(4), (b)(4), and             § 721.10881   Fatty acid amides (generic).
                                                  employer becomes aware that the                         (c)(4) (N=2).                                           (a) Chemical substance and
                                                  substance may present a risk of injury                     (ii) [Reserved].                                   significant new uses subject to reporting.
                                                  to human health or the environment, the                    (b) Specific requirements. The                     (1) The chemical substances identified
                                                  employer must incorporate this new                      provisions of subpart A of this part                  generically as fatty acid amides (PMNs
                                                  information, and any information on                     apply to this section except as modified              P–14–155 and P–14–156) are subject to
                                                  methods for protecting against such risk,               by this paragraph.                                    reporting under this section for the
                                                  into a MSDS as described in § 721.72(c)                    (1) Recordkeeping. Recordkeeping                   significant new uses described in
                                                  within 90 days from the time the                        requirements as specified in                          paragraph (a)(2) of this section.
                                                  employer becomes aware of the new                       § 721.125(a), (b), (c), and (k) are                     (2) The significant new uses are:
                                                  information. If the substance is not                    applicable to manufacturers and                         (i) Industrial, commercial, and
                                                  being manufactured, processed, or used                  processors of this substance.                         consumer activities. Requirements as
                                                  in the employer’s workplace, the                           (2) Limitations or revocation of                   specified in § 721.80. A significant new
                                                  employer must add the new information                   certain notification requirements. The                use of the substances is any use other
                                                  to a MSDS before the substance is                       provisions of § 721.185 apply to this                 than as chemical intermediates,
                                                  reintroduced into the workplace.                        section.                                              additives for flotation products, or
                                                     (B) The employer must ensure that                    ■ 9. Add § 721.10880 to subpart E to                  adhesion promoters for use in asphalt
                                                  persons who will receive the PMN                        read as follows:                                      applications where the surface water
                                                  substance from the employer, or who                                                                           concentrations described under
                                                  have received the PMN substance from                    § 721.10880 Fatty acid rxn products with              paragraph (a)(3)(i) of this section are
                                                  the employer within 5 years from the                    aminoalkylamines (generic).                           exceeded.
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                                                  date the employer becomes aware of the                    (a) Chemical substance and                            (ii) [Reserved].
                                                  new information described in paragraph                  significant new uses subject to reporting.              (3) The significant new uses for any
                                                  (a)(2)(i)(A) of this section, are provided              (1) The chemical substances identified                use other than as chemical
                                                  an MSDS containing the information                      generically as fatty acid rxn products                intermediated, additives for flotation
                                                  required under paragraph (a)(2)(i)(A) of                with aminoalkylamines (PMNs P–14–                     products, or adhesion promoters for use
                                                  this section within 90 days from the                    153, P–14–154, P–15–79, and P–15–80)                  in asphalt applications are:
                                                  time the employer becomes aware of the                  are subject to reporting under this                     (i) Release to water. Requirements as
                                                  new information.                                        section for the significant new uses                  specified in § 721.90(a)(4), (b)(4), and


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                                                  30472               Federal Register / Vol. 81, No. 94 / Monday, May 16, 2016 / Rules and Regulations

                                                  (c)(4) (N=2 for P–14–155 and N=3 for P–                 specified in § 721.80. A significant new               specified in § 721.80. A significant new
                                                  14–156).                                                use of the substance is a use other than               use of the substance is any use where
                                                     (ii) [Reserved].                                     as a lubricating oil additive.                         the cumulative molecular weights of the
                                                     (b) Specific requirements. The                         (ii) [Reserved].                                     C12 and C14 components exceed 2
                                                  provisions of subpart A of this part                      (b) Specific requirements. The                       percent by weight of the overall
                                                  apply to this section except as modified                provisions of subpart A of this part                   molecular weight of the PMN substance.
                                                  by this paragraph.                                      apply to this section except as modified                 (ii) [Reserved].
                                                     (1) Recordkeeping. Recordkeeping                     by this paragraph.                                       (b) Specific requirements. The
                                                  requirements as specified in                              (1) Recordkeeping. Recordkeeping                     provisions of subpart A of this part
                                                  § 721.125(a), (b), (c), (i), and (k) are                requirements as specified in                           apply to this section except as modified
                                                  applicable to manufacturers and                         § 721.125(a), (b), (c), and (i) are                    by this paragraph.
                                                  processors of these substances.                         applicable to manufacturers and                          (1) Recordkeeping. Recordkeeping
                                                     (2) Limitations or revocation of                     processors of this substance.                          requirements as specified in
                                                  certain notification requirements. The                    (2) Limitations or revocation of                     § 721.125(a), (b), (c), and (i) are
                                                  provisions of § 721.185 apply to this                   certain notification requirements. The                 applicable to manufacturers and
                                                  section.                                                provisions of § 721.185 apply to this                  processors of this substance.
                                                  ■ 11. Add § 721.10882 to subpart E to                   section.                                                 (2) Limitations or revocation of
                                                  read as follows:                                        ■ 13. Add § 721.10884 to subpart E to                  certain notification requirements. The
                                                                                                          read as follows:                                       provisions of § 721.185 apply to this
                                                  § 721.10882 Trialkylammonium                                                                                   section.
                                                  borodibenzoate (generic).                               § 721.10884       Benzenepropanol, 1-benzoate.
                                                                                                                                                                 ■ 15. Add § 721.10886 to subpart E to
                                                     (a) Chemical substance and                              (a) Chemical substance and                          read as follows:
                                                  significant new uses subject to reporting.              significant new uses subject to reporting.
                                                  (1) The chemical substance identified                   (1) The chemical substance identified as               § 721.10886 Phosphoric acid, mixed Bu
                                                  generically as trialkylammonium                         benzenepropanol, 1-benzoate (PMN P–                    and decyl and octyl and 2-(2-
                                                  borodibenzoate (PMN P–14–198) is                        14–397; CAS No. 60045–26–3) is subject                 phenoxyethoxy)ethyl and 2-phenoxyethyl
                                                  subject to reporting under this section                 to reporting under this section for the                esters.
                                                  for the significant new uses described in               significant new uses described in                         (a) Chemical substance and
                                                  paragraph (a)(2) of this section.                       paragraph (a)(2) of this section.                      significant new uses subject to reporting.
                                                     (2) The significant new uses are:                       (2) The significant new uses are:                   (1) The chemical substance identified as
                                                     (i) Industrial commercial, and                          (i) Industrial commercial, and                      phosphoric acid, mixed Bu and decyl
                                                  consumer activities. Requirements as                    consumer activities. Requirements as                   and octyl and 2-(2-phenoxyethoxy)ethyl
                                                  specified in § 721.80(f) and (j).                       specified in § 721.80. A significant new               and 2-phenoxyethyl esters (PMN P–14–
                                                     (ii) [Reserved].                                     use of the substance is use other than as              501; CAS No. 1502809–48–4) is subject
                                                     (b) Specific requirements. The                       a plasticizer in adhesives for food-                   to reporting under this section for the
                                                  provisions of subpart A of this part                    product packaging; a diluents-type                     significant new uses described in
                                                  apply to this section except as modified                plasticizer in plastisol; a coalescent in              paragraph (a)(2) of this section.
                                                  by this paragraph.                                      architectural paints and coating; and a                   (2) The significant new uses are:
                                                     (1) Recordkeeping. Recordkeeping                     fragrance carrier in fragrances.                          (i) Release to water. Requirements as
                                                  requirements as specified in                               (ii) [Reserved].                                    specified in § 721.90(a)(4), (b)(4), and
                                                  § 721.125(a), (b), (c), and (i) are                        (b) Specific requirements. The                      (c)(4) (N=4).
                                                  applicable to manufacturers and                         provisions of subpart A of this part                      (ii) [Reserved].
                                                  processors of this substance.                           apply to this section except as modified                  (b) Specific requirements. The
                                                     (2) Limitations or revocation of                     by this paragraph.                                     provisions of subpart A of this part
                                                  certain notification requirements. The                     (1) Recordkeeping. Recordkeeping                    apply to this section except as modified
                                                  provisions of § 721.185 apply to this                   requirements as specified in                           by this paragraph.
                                                  section.                                                § 721.125(a), (b), (c), and (i) are                       (1) Recordkeeping. Recordkeeping
                                                     (3) Determining whether a specific use               applicable to manufacturers and                        requirements as specified in
                                                  is subject to this section. The provisions              processors of this substance.                          § 721.125(a), (b), (c), and (k) are
                                                  of § 721.1725(b)(1) apply to paragraph                     (2) Limitations or revocation of                    applicable to manufacturers and
                                                  (a)(2)(i) of this section.                              certain notification requirements. The                 processors of this substance.
                                                  ■ 12. Add § 721.10883 to subpart E to                   provisions of § 721.185 apply to this                     (2) Limitations or revocation of
                                                  read as follows:                                        section.                                               certain notification requirements. The
                                                                                                          ■ 14. Add § 721.10885 to subpart E to                  provisions of § 721.185 apply to this
                                                  § 721.10883 Fatty ester derivatives,                    read as follows:                                       section.
                                                  reaction products with alkanolamine,
                                                                                                                                                                 ■ 16. Add § 721.10887 to subpart E to
                                                  hydroxylated, borated (generic).                        § 721.10885       Alcohols, C12–22, distn.
                                                                                                          residues.
                                                                                                                                                                 read as follows:
                                                     (a) Chemical substance and
                                                  significant new uses subject to reporting.                (a) Chemical substance and                           § 721.10887 Phosphoric acid, mixed Bu
                                                  (1) The chemical substance identified                   significant new uses subject to reporting.             and decyl and octyl and 2-(2-
                                                  generically as fatty ester derivatives,                 (1) The chemical substance identified as               phenoxyethoxy)ethyl and 2-phenoxyethyl
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                                                  reaction products with alkanolamine,                    alcohols, C12–22, distn. residues (PMN P–              esters, potassium salts.
                                                  hydroxylated, borated (PMN P–14–324)                    14–448; CAS No. 1476777–83–9) is                         (a) Chemical substance and
                                                  is subject to reporting under this section              subject to reporting under this section                significant new uses subject to reporting.
                                                  for the significant new uses described in               for the significant new uses described in              (1) The chemical substance identified as
                                                  paragraph (a)(2) of this section.                       paragraph (a)(2) of this section.                      phosphoric acid, mixed Bu and decyl
                                                     (2) The significant new uses are:                      (2) The significant new uses are:                    and octyl and 2-(2-phenoxyethoxy)ethyl
                                                     (i) Industrial commercial, and                         (i) Industrial commercial, and                       and 2-phenoxyethyl esters, potassium
                                                  consumer activities. Requirements as                    consumer activities. Requirements as                   salts (PMN P–14–502; CAS No.


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                                                                      Federal Register / Vol. 81, No. 94 / Monday, May 16, 2016 / Rules and Regulations                                             30473

                                                  1502809–56–4) is subject to reporting                   a permitted hazardous waste                           provisions of § 721.185 apply to this
                                                  under this section for the significant                  incinerator.                                          section.
                                                  new uses described in paragraph (a)(2)                    (b) Specific requirements. The                      ■ 19. Add § 721.10890 to subpart E to
                                                  of this section.                                        provisions of subpart A of this part                  read as follows:
                                                     (2) The significant new uses are:                    apply to this section except as modified
                                                     (i) Release to water. Requirements as                by this paragraph.                                    § 721.10890 Phosphonic acid, P-
                                                  specified in § 721.90(a)(4), (b)(4), and                  (1) Recordkeeping. Recordkeeping                    tetradecyl-, reaction products with cadmium
                                                  (c)(4) (N=4).                                           requirements as specified in                          selenide (CdSe).
                                                     (ii) [Reserved].                                     § 721.125(a) through (e), (i), and (j) are               (a) Chemical substance and
                                                     (b) Specific requirements. The                       applicable to manufacturers and                       significant new uses subject to reporting.
                                                  provisions of subpart A of this part                    processors of this substance.                         (1) The chemical substance identified as
                                                  apply to this section except as modified                  (2) Limitations or revocation of                    phosphonic acid, P-tetradecyl-, reaction
                                                  by this paragraph.                                      certain notification requirements. The                products with cadmium selenide (CdSe)
                                                     (1) Recordkeeping. Recordkeeping                     provisions of § 721.185 apply to this                 (PMN P–15–104; CAS No. 1773514–66–
                                                  requirements as specified in                            section.                                              1) is subject to reporting under this
                                                  § 721.125(a), (b), (c), and (k) are                     ■ 18. Add § 721.10889 to subpart E to                 section for the significant new uses
                                                  applicable to manufacturers and                         read as follows:                                      described in paragraph (a)(2) of this
                                                  processors of this substance.                                                                                 section.
                                                     (2) Limitations or revocation of                     § 721.10889 Dodecanoic acid, reaction                    (2) The significant new uses are:
                                                  certain notification requirements. The                  products with cadmium zinc selenide                      (i) Protection in the workplace.
                                                  provisions of § 721.185 apply to this                   sulfide and oleylamine.                               Requirements as specified in
                                                  section.                                                   (a) Chemical substance and                         § 721.63(a)(1), (a)(2)(i), (a)(3), (b), and
                                                  ■ 17. Add § 721.10888 to subpart E to
                                                                                                          significant new uses subject to reporting.            (c). When determining which persons
                                                  read as follows:                                        (1) The chemical substance identified as              are reasonably likely to be exposed as
                                                                                                          dodecanoic acid, reaction products with               required for § 721.63(a)(1) engineering
                                                  § 721.10888 Siloxanes and Silicones,                    cadmium zinc selenide sulfide and                     control measures (e.g., enclosure or
                                                  3-[(2-aminoethyl)amino)propyl Me, di-Me,                oleylamine (PMN P–15–60; CAS No.                      confinement of the operation, general
                                                  reaction products with cadmium zinc                     1773514–92–3) is subject to reporting                 and local ventilation) or administrative
                                                  selenide sulfide, lauric acid and oleylamine.           under this section for the significant                control measures (e.g., workplace
                                                     (a) Chemical substance and                           new uses described in paragraph (a)(2)                policies and procedures) shall be
                                                  significant new uses subject to reporting.              of this section.                                      considered and implemented to prevent
                                                  (1) The chemical substance identified as                   (2) The significant new uses are:                  exposure, where feasible.
                                                  siloxanes and silicones, 3-[(2-                            (i) Protection in the workplace.                      (ii) Industrial, commercial, and
                                                  aminoethyl)amino)propyl Me, di-Me,                      Requirements as specified in                          consumer activities. Requirements as
                                                  reaction products with cadmium zinc                     § 721.63(a)(1), (a)(2)(i), (a)(3), (b), and           specified in § 721.80. It is a significant
                                                  selenide sulfide, lauric acid and                       (c). When determining which persons                   new use to manufacture, process, or use
                                                  oleylamine (PMN P–15–59; CAS No.                        are reasonably likely to be exposed as                the chemical substance other than as a
                                                  1623456–05–2) is subject to reporting                   required for § 721.63(a)(1) engineering               chemical intermediate or other than in
                                                  under this section for the significant                  control measures (e.g., enclosure or                  a liquid formulation.
                                                  new uses described in paragraph (a)(2)                  confinement of the operation, general                    (iii) Disposal. Requirements as
                                                  of this section.                                        and local ventilation) or administrative              specified in § 721.85 It is a significant
                                                     (2) The significant new uses are:                    control measures (e.g., workplace                     new use to dispose of the chemical
                                                     (i) Protection in the workplace.                     policies and procedures) shall be                     substance other than by incineration in
                                                  Requirements as specified in                            considered and implemented to prevent                 a permitted hazardous waste
                                                  § 721.63(a)(1), (a)(2)(i), (a)(3), (b), and             exposure, where feasible.                             incinerator.
                                                  (c). When determining which persons                        (ii) Industrial, commercial, and                      (b) Specific requirements. The
                                                  are reasonably likely to be exposed as                  consumer activities. Requirements as                  provisions of subpart A of this part
                                                  required for § 721.63 (a)(1) engineering                specified in § 721.80. It is a significant            apply to this section except as modified
                                                  control measures (e.g., enclosure or                    new use to manufacture, process, or use               by this paragraph.
                                                  confinement of the operation, general                   the chemical substance other than as a                   (1) Recordkeeping. Recordkeeping
                                                  and local ventilation) or administrative                chemical intermediate or other than in                requirements as specified in
                                                  control measures (e.g., workplace                       a liquid formulation.                                 § 721.125(a) through (e), (i), and (k) are
                                                  policies and procedures) shall be                          (iii) Disposal. Requirements as                    applicable to manufacturers and
                                                  considered and implemented to prevent                   specified in § 721.85. It is a significant            processors of this substance.
                                                  exposure, where feasible.                               new use to dispose of the chemical                       (2) Limitations or revocation of
                                                     (ii) Industrial, commercial, and                     substance other than by incineration in               certain notification requirements. The
                                                  consumer activities. Requirements as                    a permitted hazardous waste                           provisions of § 721.185 apply to this
                                                  specified in § 721.80(p) (three months                  incinerator.                                          section.
                                                  and eighteen months). A significant new                    (b) Specific requirements. The                     ■ 20. Add § 721.10891 to subpart E to
                                                  use of the substance is manufacture,                    provisions of subpart A of this part                  read as follows:
                                                  process, or use the chemical substance                  apply to this section except as modified
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                                                  other than as a down converter for an                   by this paragraph.                                    § 721.10891 Alkyl silicate, polymer with 2-
                                                  optical filter for light emitting diodes                   (1) Recordkeeping. Recordkeeping                   (chloromethyl)oxirane and 4,4′-(1-
                                                  used in displays, or other than in a                    requirements as specified in                          methylethylidene)bis[phenol], alkoxylated
                                                  liquid formulation.                                     § 721.125(a) through (e), (i) and (j) are             (generic).
                                                     (iii) Disposal. Requirements as                      applicable to manufacturers and                         (a) Chemical substance and
                                                  specified in § 721.85. It is a significant              processors of this substance.                         significant new uses subject to reporting.
                                                  new use to dispose of the chemical                         (2) Limitations or revocation of                   (1) The chemical substance identified
                                                  substance other than by incineration in                 certain notification requirements. The                generically as alkyl silicate, polymer


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                                                  30474               Federal Register / Vol. 81, No. 94 / Monday, May 16, 2016 / Rules and Regulations

                                                  with 2-(chloromethyl)oxirane and 4,4′-                  (1) The chemical substance identified                  P–15–154) is subject to reporting under
                                                  (1-methylethylidene)bis[phenol],                        generically as fatty acids, tall-oil,                  this section for the significant new uses
                                                  alkoxylated (PMN P–15–81) is subject to                 reaction products with an ether and                    described in paragraph (a)(2) of this
                                                  reporting under this section for the                    triethylenetetramine (PMN P–15–111) is                 section.
                                                  significant new uses described in                       subject to reporting under this section                   (2) The significant new uses are:
                                                  paragraph (a)(2) of this section.                       for the significant new uses described in                 (i) Hazard communication program.
                                                     (2) The significant new uses are:                    paragraph (a)(2) of this section.                      Requirements as specified in § 721.72. A
                                                     (i) Protection in the workplace.                        (2) The significant new uses are:                   significant new use of the substance is
                                                  Requirements as specified in 40 CFR                        (i) Industrial, commercial, and                     any manner or method of manufacture
                                                  721.63(a)(1), (a)(2)(i), (a)(3), (b)                    consumer activities. Requirements as                   or processing associated with any use of
                                                  (concentration set at 0.1 percent), and                 specified in § 721.80(f) and (j).                      the substance without providing risk
                                                  (c).                                                       (ii) [Reserved].                                    notification as follows:
                                                     (ii) Release to water. Requirements as                  (b) Specific requirements. The                         (A) If as a result of the test data
                                                  specified in § 721.90(a)(4), (b)(4), and                provisions of subpart A of this part                   required under TSCA section 5(e)
                                                  (c)(4) (N=1).                                           apply to this section except as modified               consent order for the substance, the
                                                     (b) Specific requirements. The                       by this paragraph.                                     employer becomes aware that the
                                                  provisions of subpart A of this part                       (1) Recordkeeping. Recordkeeping                    substance may present a risk of injury
                                                  apply to this section except as modified                requirements as specified in                           to human health or the environment, the
                                                  by this paragraph.                                      § 721.125(a), (b), (c), and (i), are                   employer must incorporate this new
                                                     (1) Recordkeeping. Recordkeeping                     applicable to manufacturers and                        information, and any information on
                                                  requirements as specified in                            processors of this substance.                          methods for protecting against such risk,
                                                  § 721.125(a), (b), (c), (i), and (k) are                   (2) Limitations or revocation of                    into a MSDS as described in § 721.72(c)
                                                  applicable to manufacturers and                         certain notification requirements. The                 within 90 days from the time the
                                                  processors of this substance.                           provisions of § 721.185 apply to this
                                                     (2) Limitations or revocation of                                                                            employer becomes aware of the new
                                                                                                          section.                                               information. If the substance is not
                                                  certain notification requirements. The                     (3) Determining whether a specific use
                                                  provisions of § 721.185 apply to this                                                                          being manufactured, processed, or used
                                                                                                          is subject to this section. The provisions             in the employer’s workplace, the
                                                  section.                                                of § 721.1725(b)(1) apply to paragraph                 employer must add the new information
                                                  ■ 21. Add § 721.108992 to subpart E to                  (a)(2)(i) of this section.                             to a MSDS before the substance is
                                                  read as follows:                                        ■ 23. Add § 721.10894 to subpart E to                  reintroduced into the workplace.
                                                  § 721.10892 Reaction product of a mixture               read as follows:                                          (B) The employer must ensure that
                                                  of aromatic dianhydrides and aliphatic                                                                         persons who will receive the PMN
                                                                                                          § 721.10894       Substituted benzyl acrylate
                                                  esters with an aromatic diamine (generic).
                                                                                                          (generic)                                              substance from the employer, or who
                                                     (a) Chemical substance and                                                                                  have received the PMN substance from
                                                                                                             (a) Chemical substance and
                                                  significant new uses subject to reporting.                                                                     the employer within 5 years from the
                                                                                                          significant new uses subject to reporting.
                                                  (1) The chemical substance identified                                                                          date the employer becomes aware of the
                                                                                                          (1) The chemical substance identified
                                                  generically as reaction product of a                                                                           new information described in paragraph
                                                                                                          generically as substituted benzyl
                                                  mixture of aromatic dianhydrides and                                                                           (a)(2)(i)(A) of this section, are provided
                                                                                                          acrylate (PMN P–15–120) is subject to
                                                  aliphatic esters with an aromatic                                                                              an MSDS containing the information
                                                                                                          reporting under this section for the
                                                  diamine (PMN P–15–109) is subject to                                                                           required under paragraph (a)(2)(i)(A) of
                                                                                                          significant new uses described in
                                                  reporting under this section for the                                                                           this section within 90 days from the
                                                                                                          paragraph (a)(2) of this section.
                                                  significant new uses described in                                                                              time the employer becomes aware of the
                                                                                                             (2) The significant new uses are:
                                                  paragraph (a)(2) of this section.                                                                              new information.
                                                                                                             (i) Release to water. Requirements as
                                                     (2) The significant new uses are:                                                                              (ii) Industrial, commercial, and
                                                     (i) Release to water. Requirements as                specified in § 721.90(a)(4), (b)(4), and
                                                                                                                                                                 consumer activities. Requirements as
                                                  specified in § 721.90(a)(4), (b)(4), and                (c)(4) (N=1).
                                                                                                                                                                 specified in § 721.80(k) (analysis and
                                                  (c)(4) (N=11).                                             (ii) [Reserved].
                                                                                                             (b) Specific requirements. The                      reporting and limitations of maximum
                                                     (ii) [Reserved].                                                                                            impurity levels of certain fluorinated
                                                     (b) Specific requirements. The                       provisions of subpart A of this part
                                                                                                          apply to this section except as modified               impurities), and (q).
                                                  provisions of subpart A of this part                                                                              (b) Specific requirements. The
                                                  apply to this section except as modified                by this paragraph.
                                                                                                             (1) Recordkeeping. Recordkeeping                    provisions of subpart A of this part
                                                  by this paragraph.                                                                                             apply to this section except as modified
                                                     (1) Recordkeeping. Recordkeeping                     requirements as specified in
                                                                                                          § 721.125(a), (b), (c), and (k) are                    by this paragraph.
                                                  requirements as specified in                                                                                      (1) Recordkeeping. Recordkeeping
                                                  § 721.125(a), (b), (c), and (k) are                     applicable to manufacturers and
                                                                                                          processors of this substance.                          requirements as specified in
                                                  applicable to manufacturers and                                                                                § 721.125(a) through (e) and (i) are
                                                  processors of this substance.                              (2) Limitations or revocation of
                                                                                                          certain notification requirements. The                 applicable to manufacturers and
                                                     (2) Limitations or revocation of                                                                            processors of this substance.
                                                  certain notification requirements. The                  provisions of § 721.185 apply to this
                                                                                                          section.                                                  (2) Limitations or revocation of
                                                  provisions of § 721.185 apply to this                                                                          certain notification requirements. The
                                                  section.                                                ■ 24. Add § 721.10895 to subpart E to
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                                                                                                                                                                 provisions of § 721.185 apply to this
                                                  ■ 22. Add § 721.10893 to subpart E to                   read as follows:
                                                                                                                                                                 section.
                                                  read as follows:                                        § 721.10895 Fluoroalkyl acrylate                          (3) Determining whether a specific use
                                                  § 721.10893 Fatty acids, tall-oil, reaction             copolymer (generic).                                   is subject to this section. The provisions
                                                  products with an ether and                                 (a) Chemical substance and                          of § 721.1725(b)(1) apply to paragraph
                                                  triethylenetetramine (generic).                         significant new uses subject to reporting.             (a)(2)(ii) of this section.
                                                    (a) Chemical substance and                            (1) The chemical substance identified as               ■ 25. Add § 721.10896 to subpart E to
                                                  significant new uses subject to reporting.              fluoroalkyl acrylate copolymer (PMN                    read as follows:


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                                                                       Federal Register / Vol. 81, No. 94 / Monday, May 16, 2016 / Rules and Regulations                                              30475

                                                  § 721.10896      1-Hexanol, 6-mercapto-.                ■ 27. Add § 721.10898 to subpart E to                 factor (APF) of at least 10 meet the
                                                     (a) Chemical substance and                           read as follows:                                      requirements of § 721.63(a)(4):
                                                  significant new uses subject to reporting.                                                                       (A) NIOSH-certified power air-
                                                                                                          § 721.10898 Carbomonocycles, polymer                  purifying respirator with a hood or
                                                  (1) The chemical substance identified as                with substituted heteromonocycle,
                                                  1-hexanol, 6-mercapto-. (PMN P–15–                                                                            helmet and with appropriate gas/vapor
                                                                                                          succinate, methyl acrylate (generic).
                                                  176; CAS No.1633–78–9) is subject to                                                                          (acid gas, organic vapor, or substance
                                                                                                            (a) Chemical substance and                          specific) cartridges in combination with
                                                  reporting under this section for the
                                                                                                          significant new uses subject to reporting.            HEPA filters.
                                                  significant new uses described in
                                                                                                          (1) The chemical substance identified                    (B) NIOSH-certified continuous flow
                                                  paragraph (a)(2) of this section.
                                                     (2) The significant new uses are:                    generically as carbomonocycles,                       supplied-air respirator equipped with a
                                                     (i) Release to water. Requirements as                polymer with substituted                              loose fitting facepiece, hood, or helmet.
                                                  specified in § 721.90(a)(4), (b)(4), and                heteromonocycle, succinate, methyl                       (C) NIOSH-certified negative pressure
                                                  (c)(4) (N=8).                                           acrylate (PMN P–15–188) is subject to                 (demand) supplied-air respirator with a
                                                     (ii) [Reserved].                                     reporting under this section for the                  full facepiece.
                                                     (b) Specific requirements. The                       significant new uses described in                        (ii) Release to water. Requirements as
                                                  provisions of subpart A of this part                    paragraph (a)(2) of this section.                     specified in § 721.90(a)(4), (b)(4), and
                                                  apply to this section except as modified                  (2) The significant new uses are:                   (c)(4) (N=88).
                                                  by this paragraph.                                        (i) Industrial, commercial, and                        (b) Specific requirements. The
                                                     (1) Recordkeeping. Recordkeeping                     consumer activities. Requirements as                  provisions of subpart A of this part
                                                  requirements as specified in                            specified in § 721.80. A significant new              apply to this section except as modified
                                                  § 721.125(a), (b), (c), and (k) are                     use of the substance is any use other                 by this paragraph.
                                                  applicable to manufacturers and                         than as a pigment-wetting resin for UV-                  (1) Recordkeeping. Recordkeeping
                                                  processors of this substance.                           curable coatings.                                     requirements as specified in
                                                     (2) Limitations or revocation of                       (ii) [Reserved].                                    § 721.125(a), (b), (c), (d), and (k) are
                                                  certain notification requirements. The                    (b) Specific requirements. The                      applicable to manufacturers and
                                                  provisions of § 721.185 apply to this                   provisions of subpart A of this part                  processors of this substance.
                                                  section.                                                apply to this section except as modified                 (2) Limitations or revocation of
                                                                                                          by this paragraph.                                    certain notification requirements. The
                                                  ■ 26. Add § 721.10897 to subpart E to
                                                                                                            (1) Recordkeeping. Recordkeeping                    provisions of § 721.185 apply to this
                                                  read as follows:                                        requirements as specified in                          section.
                                                  § 721.10897 Phenol, 2,2′-[1,2-disubstituted-            § 721.125(a), (b), (c), and (i) are                   ■ 29. Add § 721.10900 to subpart E to
                                                  1,2-ethanediyl]                                         applicable to manufacturers and                       read as follows:
                                                  bis(iminomethylene)bis[substituted-                     processors of this substance.
                                                  (generic).                                                (2) Limitations or revocation of                    § 721.10900 Titanium salt, reaction
                                                     (a) Chemical substance and                           certain notification requirements. The                products with silica (generic).
                                                  significant new uses subject to reporting.              provisions of § 721.185 apply to this                   (a) Chemical substance and
                                                  (1) The chemical substance generically                  section.                                              significant new uses subject to reporting.
                                                  identified generically as phenol, 2,2′-                 ■ 28. Add § 721.10899 to subpart E to                 (1) The chemical substance identified
                                                  [1,2-disubstituted-1,2-ethanediyl]                      read as follows:                                      generically as titanium salt, reaction
                                                  bis(iminomethylene)bis[substituted-                                                                           products with silica (PMN P–15–252) is
                                                  (PMN P–15–177) is subject to reporting                  § 721.10899 Halogenated alkyl                         subject to reporting under this section
                                                  under this section for the significant                  trimethylaminium halide (generic).                    for the significant new uses described in
                                                  new uses described in paragraph (a)(2)                     (a) Chemical substance and                         paragraph (a)(2) of this section.
                                                  of this section.                                        significant new uses subject to reporting.              (2) The significant new uses are:
                                                     (2) The significant new uses are:                    (1) The chemical substance identified                   (i) Protection in the workplace.
                                                     (i) Protection in the workplace.                     generically as halogenated alkyl                      Requirements as specified in
                                                  Requirements as specified in                            trimethylaminium halide (PMN P–15–                    § 721.63(a)(4), (a)(6)(i), (a)(6)(ii), and (c).
                                                  § 721.63(a)(1), (a)(2)(i), (a)(2)(ii), and              190) is subject to reporting under this               When determining which persons are
                                                  (a)(3).                                                 section for the significant new uses                  reasonably likely to be exposed as
                                                     (ii) Industrial, commercial, and                     described in paragraph (a)(2) of this                 required for § 721.63(a)(4), engineering
                                                  consumer activities. Requirements as                    section.                                              control measures (e.g., enclosure or
                                                  specified in § 721.80(j).                                  (2) The significant new uses are:                  confinement of the operation, general
                                                     (b) Specific requirements. The                          (i) Protection in the workplace.                   and local ventilation) or administrative
                                                  provisions of subpart A of this part                    Requirements as specified in                          control measures (e.g., workplace
                                                  apply to this section except as modified                § 721.63(a)(4), (a)(6)(i), (b)(concentration          policies and procedures) shall be
                                                  by this paragraph.                                      set at 0.1 percent) and (c). When                     considered and implemented to prevent
                                                     (1) Recordkeeping. Recordkeeping                     determining which persons are                         exposure, where feasible. The following
                                                  requirements as specified in                            reasonably likely to be exposed as                    National Institute for Occupational
                                                  § 721.125(a), (b), (c), (d), (e), and (i) are           required for § 721.63(a)(4), engineering              Safety and Health (NIOSH)-certified
                                                  applicable to manufacturers and                         control measures (e.g., enclosure or                  respirators with an assigned protection
                                                  processors of this substance.                           confinement of the operation, general                 factor (APF) of at least 10 meet the
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                                                     (2) Limitations or revocation of                     and local ventilation) or administrative              requirements of § 721.63(a)(4):
                                                  certain notification requirements. The                  control measures (e.g., workplace                       (A) NIOSH-certified air-purifying
                                                  provisions of § 721.185 apply to this                   policies and procedures) shall be                     elastomeric half-mask respirator
                                                  section.                                                considered and implemented to prevent                 equipped with N100 (if oil aerosols
                                                     (3) Determining whether a specific use               exposure, where feasible. The following               absent), R100, or P100 filters.
                                                  is subject to this section. The provisions              National Institute for Occupational                     (B) NIOSH-certified N100 (if oil
                                                  of § 721.1725(b)(1) apply to paragraph                  Safety and Health (NIOSH)-certified                   aerosols absent), R100, or P100 filtering
                                                  (a)(2)(ii) of this section.                             respirators with an assigned protection               facepiece respirator.


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                                                  30476               Federal Register / Vol. 81, No. 94 / Monday, May 16, 2016 / Rules and Regulations

                                                    (ii) Industrial, commercial, and                      § 721.63(a)(1), (a)(2)(i), and (a)(3). When            substance after it has been completely
                                                  consumer activities. Requirements as                    determining which persons are                          reacted (cured).
                                                  specified in § 721.80(g).                               reasonably likely to be exposed as                       (2) The significant new uses are:
                                                    (ii) [Reserved].                                      required for § 721.63(a)(1), engineering                 (i) Protection in the workplace.
                                                    (b) Specific requirements. The                        control measures (e.g., enclosure or                   Requirements as specified in
                                                  provisions of subpart A of this part                    confinement of the operation, general                  § 721.63(a)(1), (a)(2)(i), and (a)(3). When
                                                  apply to this section except as modified                and local ventilation) or administrative               determining which persons are
                                                  by this paragraph.                                      control measures (e.g., workplace                      reasonably likely to be exposed as
                                                    (1) Recordkeeping. Recordkeeping                      policies and procedures) shall be                      required for § 721.63(a)(1), engineering
                                                  requirements as specified in                            considered and implemented to prevent                  control measures (e.g., enclosure or
                                                  § 721.125(a) through (d) and (i) are                    exposure, where feasible.                              confinement of the operation, general
                                                  applicable to manufacturers and                            (ii) Industrial, commercial, and                    and local ventilation) or administrative
                                                  processors of this substance.                           consumer activities. Requirements as                   control measures (e.g., workplace
                                                    (2) Limitations or revocation of                      specified in § 721.80. A significant new               policies and procedures) shall be
                                                  certain notification requirements. The                                                                         considered and implemented to prevent
                                                                                                          use is manufacture, process, or use of
                                                  provisions of § 721.185 apply to this                                                                          exposure, where feasible.
                                                                                                          the PMN substance other than in a
                                                  section.                                                                                                         (ii) Industrial, commercial, and
                                                                                                          liquid formulation. A significant new
                                                  ■ 30. Add § 721.10901 to subpart E to
                                                                                                          use is use other than as a thin film for               consumer activities. Requirements as
                                                  read as follows:                                        electronic device applications or any                  specified in § 721.80(v)(1), (v)(2), (w)(1),
                                                                                                          use involving an application method                    (w)(2), (x)(1), (x)(2), and (y)(1).
                                                  § 721.10901 Formaldehyde, reaction                                                                               (iii) Disposal. Requirements as
                                                  products with aniline and aromatic mono-                that generates a vapor, mist, or aerosol
                                                                                                                                                                 specified in § 721.85(a)(1), (a)(2), (b)(1),
                                                  and di-phenol mixture (generic).                        unless such application method occurs
                                                                                                                                                                 (b)(2), (c)(1), and (c)(2).
                                                     (a) Chemical substance and                           in an enclosed process. An enclosed                       (iv) Release to water. Requirements as
                                                  significant new uses subject to reporting.              process is defined as an operation that                specified in § 721.90(a)(1), (b)(1), and
                                                  (1) The chemical substance identified                   is designed and operated so that there                 (c)(1).
                                                  generically as formaldehyde, reaction                   is no release associated with normal or                   (b) Specific requirements. The
                                                  products with aniline and aromatic                      routine production processes into the                  provisions of subpart A of this part
                                                  mono- and di-phenol mixture (PMN                        environment of any substance present in                apply to this section except as modified
                                                  P–15–272) is subject to reporting under                 the operation. An operation with                       by this paragraph.
                                                  this section for the significant new uses               inadvertent or emergency pressure relief                  (1) Recordkeeping. Recordkeeping
                                                  described in paragraph (a)(2) of this                   releases remains an enclosed process so                requirements as specified in
                                                  section.                                                long as measures are taken to prevent                  § 721.125(a) through (e), (i), (j), and (k)
                                                     (2) The significant new uses are:                    worker exposure to and environmental                   are applicable to manufacturers and
                                                     (i) Release to water. Requirements as                contamination from the releases.                       processors of this substance.
                                                  specified in § 721.90(a)(4), (b)(4), and                   (iii) Disposal. Requirements as                        (2) Limitations or revocation of
                                                  (c)(4) (N=1).                                           specified in § 721.85(a)(1), (a)(2), (b)(1),           certain notification requirements. The
                                                     (ii) [Reserved].                                     (b)(2), (c)(1), and (c)(2).                            provisions of § 721.185 apply to this
                                                     (b) Specific requirements. The                          (iv) Release to water. Requirements as              section.
                                                  provisions of subpart A of this part                    specified in § 721.90(a)(1), (b)(1), and               ■ 33. Add § 721.10904 to subpart E to
                                                  apply to this section except as modified                (c)(1).                                                read as follows:
                                                  by this paragraph.                                         (b) Specific requirements. The
                                                     (1) Recordkeeping. Recordkeeping                     provisions of subpart A of this part                   § 721.10904 Phenol, 1,1-dimethylalkyl
                                                  requirements as specified in                            apply to this section except as modified
                                                                                                                                                                 derivatives (generic).
                                                  § 721.125(a), (b), (c), and (k) are                     by this paragraph.                                        (a) Chemical substance and
                                                  applicable to manufacturers and                                                                                significant new uses subject to reporting.
                                                                                                             (1) Recordkeeping. Recordkeeping
                                                  processors of this substance.                                                                                  (1) The chemical substance identified
                                                     (2) Limitations or revocation of                     requirements as specified in
                                                                                                                                                                 generically phenol, 1,1-dimethylalkyl
                                                  certain notification requirements. The                  § 721.125(a) through (e), (i), (j), and (k)
                                                                                                                                                                 derivatives (PMN P–15–306) is subject
                                                  provisions of § 721.185 apply to this                   are applicable to manufacturers and
                                                                                                                                                                 to reporting under this section for the
                                                  section.                                                processors of this substance.
                                                                                                                                                                 significant new uses described in
                                                                                                             (2) Limitations or revocation of
                                                  ■ 31. Add § 721.10902 to subpart E to                                                                          paragraph (a)(2) of this section.
                                                                                                          certain notification requirements. The                    (2) The significant new uses are:
                                                  read as follows:
                                                                                                          provisions of § 721.185 apply to this                     (i) Release to water. Requirements as
                                                  § 721.10902 Functionalized carbon                       section.                                               specified in § 721.90(a)(4), (b)(4), and
                                                  nanotubes (generic).                                    ■ 32. Add § 721.10903 to subpart E to                  (c)(4) (N=13).
                                                     (a) Chemical substance and                           read as follows:                                          (ii) [Reserved].
                                                  significant new uses subject to reporting.                                                                        (b) Specific requirements. The
                                                  (1) The chemical substance identified                   § 721.10903       Acrylated mixed metal oxides         provisions of subpart A of this part
                                                  generically as functionalized carbon                    (generic).                                             apply to this section except as modified
                                                  nanotubes (PMN P–15–276) is subject to                    (a) Chemical substance and                           by this paragraph.
                                                  reporting under this section for the                    significant new uses subject to reporting.                (1) Recordkeeping. Recordkeeping
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                                                  significant new uses described in                       (1) The chemical substance identified                  requirements as specified in
                                                  paragraph (a)(2) of this section. The                   generically as acrylated mixed metal                   § 721.125(a), (b), (c), and (k) are
                                                  requirements of this rule do not apply                  oxides (PMN P–15–295) is subject to                    applicable to manufacturers and
                                                  to quantities of the PMN substance after                reporting under this section for the                   processors of this substance.
                                                  it has been completely reacted (cured).                 significant new uses described in                         (2) Limitations or revocation of
                                                     (2) The significant new uses are:                    paragraph (a)(2) of this section. The                  certain notification requirements. The
                                                     (i) Protection in the workplace.                     requirements of this section do not                    provisions of § 721.185 apply to this
                                                  Requirements as specified in                            apply to quantities of the PMN                         section.


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                                                                       Federal Register / Vol. 81, No. 94 / Monday, May 16, 2016 / Rules and Regulations                                              30477

                                                  ■ 34. Add § 721.10905 to subpart E to                   § 721.10907       Polyfluorohydrocarbon                   (A) NIOSH-certified power air-
                                                  read as follows:                                        (generic).                                             purifying respirator with a hood or
                                                                                                             (a) Chemical substance and                          helmet and with appropriate gas/vapor
                                                  § 721.10905 Butanedioic acid, 2-                        significant new uses subject to reporting.             (acid gas, organic vapor, or substance
                                                  methylene-, dialkyl ester (generic).
                                                                                                          (1) The chemical substance identified                  specific) cartridges in combination with
                                                     (a) Chemical substance and                           generically as polyfluorohydrocarbon                   HEPA filters.
                                                  significant new uses subject to reporting.              (PMN P–15–326) is subject to reporting                    (B) NIOSH-certified continuous flow
                                                  (1) The chemical substance identified                   under this section for the significant                 supplied-air respirator equipped with a
                                                  generically as butanedioic acid, 2-                     new uses described in paragraph (a)(2)                 loose fitting face piece, hood, or helmet.
                                                  methylene-, dialkyl ester (PMN P–15–                    of this section.                                          (C) NIOSH-certified negative pressure
                                                  319) is subject to reporting under this                    (2) The significant new uses are:                   (demand) supplied-air respirator with a
                                                  section for the significant new uses                       (i) Industrial commercial, and                      full face piece.
                                                  described in paragraph (a)(2) of this                   consumer activities. Requirements as                      As an alternative to the respiratory
                                                  section.                                                specified in § 721.80(j) and (o).                      requirements listed here, a manufacturer
                                                     (2) The significant new uses are:                       (ii) [Reserved].                                    or processor may choose to follow the
                                                     (i) Release to water. Requirements as                   (b) Specific requirements. The                      New Chemical Exposure Limit (NCEL)
                                                  specified in § 721.90(a)(4), (b)(4), and                provisions of subpart A of this part                   provisions listed in the TSCA section
                                                  (c)(4) (N=1).                                           apply to this section except as modified               5(e) consent order for this substance.
                                                     (ii) [Reserved].                                     by this paragraph.                                     The NCEL is 5 mg/m3 as an 8-hour time
                                                     (b) Specific requirements. The                          (1) Recordkeeping. Recordkeeping                    weighted average verified by actual
                                                  provisions of subpart A of this part                    requirements as specified in                           monitoring data.
                                                  apply to this section except as modified                § 721.125(a), (b), (c), and (i) are                       (ii) Hazard communication program.
                                                  by this paragraph.                                      applicable to manufacturers and                        Requirements as specified in § 721.72(a)
                                                     (1) Recordkeeping. Recordkeeping                     processors of this substance.                          trhough (f)(concentration set at 1.0
                                                  requirements as specified in                               (2) Limitations or revocation of                    percent), (g)(1)(ii), (g)(2)(When using
                                                  § 721.125(a), (b), (c), and (k) are                     certain notification requirements. The                 this substance avoid breathing the
                                                  applicable to manufacturers and                         provisions of § 721.185 apply to this                  substance, and use respiratory
                                                  processors of this substance.                           section.                                               protection, or maintain workplace
                                                     (2) Limitations or revocation of                        (3) Determining whether a specific use              airborne concentrations at or below an
                                                  certain notification requirements. The                  is subject to this section. The provisions             8-hour time-weighted average of 5 mg/
                                                  provisions of § 721.185 apply to this                   of § 721.1725(b)(1) apply to paragraph                 m3.) and (g)(5).
                                                  section.                                                (a)(2)(i) of this section.                                (iii) Industrial, commercial, and
                                                                                                          ■ 37. Add § 721.10908 to subpart E to                  consumer activities. Requirements as
                                                  ■ 35. Add § 721.10906 to subpart E to
                                                                                                          read as follows:                                       specified in § 721.80(k).
                                                  read as follows:
                                                                                                                                                                    (b) Specific requirements. The
                                                                                                          § 721.10908       Aluminum calcium oxide salt          provisions of subpart A of this part
                                                  § 721.10906      Magnesium alkaryl sulfonate
                                                                                                          (generic).
                                                  (generic).                                                                                                     apply to this section except as modified
                                                                                                             (a) Chemical substance and                          by this paragraph.
                                                    (a) Chemical substance and                            significant new uses subject to reporting.
                                                  significant new uses subject to reporting.                                                                        (1) Recordkeeping. Recordkeeping
                                                                                                          (1) The chemical substance identified                  requirements as specified in
                                                  (1) The chemical substance identified                   generically as aluminum calcium oxide
                                                  generically as magnesium alkaryl                                                                               § 721.125(a) through (d) and (f) through
                                                                                                          salt (PMN P–15–328) is subject to                      and (i) are applicable to manufacturers
                                                  sulfonate (PMN P–15–324) is subject to                  reporting under this section for the
                                                  reporting under this section for the                                                                           and processors of this substance.
                                                                                                          significant new uses described in                         (2) Limitations or revocation of
                                                  significant new uses described in                       paragraph (a)(2) of this section. The
                                                  paragraph (a)(2) of this section.                                                                              certain notification requirements. The
                                                                                                          requirements of this section do not                    provisions of § 721.185 apply to this
                                                    (2) The significant new uses are:                     apply to quantities of the PMN
                                                    (i) Industrial commercial, and                                                                               section.
                                                                                                          substance after it has been completely                    (3) Determining whether a specific use
                                                  consumer activities. Requirements as                    reacted (cured).                                       is subject to this section. The provisions
                                                  specified in § 721.80. A significant new                   (2) The significant new uses are:                   of § 721.1725(b)(1) apply to paragraph
                                                  use of the substance is any use other                      (i) Protection in the workplace.                    (a)(2)(iii) of this section.
                                                  than as a detergent additive in crankcase               Requirements as specified in
                                                  lubricant applications.                                                                                        ■ 38. Add § 721.10909 to subpart E to
                                                                                                          § 721.63(a)(4), (a)(6)(ii), (a)(6)(v),                 read as follows:
                                                    (ii) [Reserved].                                      (a)(6)(vi), (b), and (c). When determining
                                                    (b) Specific requirements. The                        which persons are reasonably likely to                 § 721.10909   Polyalkyltrisiloxane (generic).
                                                  provisions of subpart A of this part                    be exposed as required for § 721.63                       (a) Chemical substance and
                                                  apply to this section except as modified                (a)(4), engineering control measures                   significant new uses subject to reporting.
                                                  by this paragraph.                                      (e.g., enclosure or confinement of the                 (1) The chemical substance identified
                                                    (1) Recordkeeping. Recordkeeping                      operation, general and local ventilation)              generically as polyalkyltrisiloxane
                                                  requirements as specified in                            or administrative control measures (e.g.,              (PMN P–15–332) is subject to reporting
                                                  § 721.125(a), (b), (c), and (i) are                     workplace policies and procedures)                     under this section for the significant
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                                                  applicable to manufacturers and                         shall be considered and implemented to                 new uses described in paragraph (a)(2)
                                                  processors of this substance.                           prevent exposure, where feasible. The                  of this section.
                                                    (2) Limitations or revocation of                      following National Institute for                          (2) The significant new uses are:
                                                  certain notification requirements. The                  Occupational Safety and Health                            (i) Protection in the workplace.
                                                  provisions of § 721.185 apply to this                   (NIOSH)-certified respirators with an                  Requirements as specified in
                                                  section.                                                Assigned Protection Factor (APF) of at                 § 721.63(a)(1), (a)(2)(i), (a)(3), (a)(4),
                                                  ■ 36. Add § 721.10907 to subpart E to                   least 10 meet the requirements of                      (a)(6)(i), (b)(concentration set at 1.0
                                                  read as follows:                                        § 721.63(a)(4):                                        percent), and (c). When determining


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                                                  30478               Federal Register / Vol. 81, No. 94 / Monday, May 16, 2016 / Rules and Regulations

                                                  which persons are reasonably likely to                  specified in § 721.80. A significant new               (1) The chemical substance identified
                                                  be exposed as required for                              use of the substance is any use other                  generically as aliphatic acrylate (PMN
                                                  § 721.63(a)(4), engineering control                     than as an additive in polymer                         P–15–363) is subject to reporting under
                                                  measures (e.g., enclosure or                            formulation for electronics.                           this section for the significant new uses
                                                  confinement of the operation, general                      (ii) Release to water. Requirements as              described in paragraph (a)(2) of this
                                                  and local ventilation) or administrative                specified in § 721.90(a)(1), (b)(1), and               section.
                                                  control measures (e.g., workplace                       (c)(1).                                                   (2) The significant new uses are:
                                                  policies and procedures) shall be                          (b) Specific requirements. The                         (i) Release to water. Requirements as
                                                  considered and implemented to prevent                   provisions of subpart A of this part                   specified in § 721.90(a)(4), (b)(4), and
                                                  exposure, where feasible. The following                 apply to this section except as modified               (c)(4) (N=1).
                                                  National Institute for Occupational                     by this paragraph.                                        (ii) [Reserved].
                                                  Safety and Health (NIOSH)-certified                        (1) Recordkeeping. Recordkeeping                       (b) Specific requirements. The
                                                  respirators with an assigned protection                 requirements as specified in                           provisions of subpart A of this part
                                                  factor (APF) of at least 10 meet the                    § 721.125(a), (b), (c), (i), and (k) are               apply to this section except as modified
                                                  requirements of § 721.63(a)(4):                         applicable to manufacturers and                        by this paragraph.
                                                                                                          processors of this substance.                             (1) Recordkeeping. Recordkeeping
                                                     (A) NIOSH-certified power air-
                                                                                                             (2) Limitations or revocation of                    requirements as specified in
                                                  purifying respirator with a hood or
                                                                                                          certain notification requirements. The                 § 721.125(a), (b), (c), and (k) are
                                                  helmet and with appropriate gas/vapor
                                                                                                          provisions of § 721.185 apply to this                  applicable to manufacturers and
                                                  (acid gas, organic vapor, or substance
                                                                                                          section.                                               processors of this substance.
                                                  specific) cartridges in combination with                                                                          (2) Limitations or revocation of
                                                  HEPA filters.                                           ■ 40. Add § 721.10911 to subpart E to                  certain notification requirements. The
                                                     (B) NIOSH-certified continuous flow                  read as follows:                                       provisions of § 721.185 apply to this
                                                  supplied-air respirator equipped with a                                                                        section.
                                                  loose fitting facepiece, hood, or helmet.               § 721.10911 2-Propanol, 1,3-bis[4-[1-[4-[1-
                                                                                                          methyl-1-[4-(2-                                        ■ 42. Add § 721.10913 to subpart E to
                                                     (C) NIOSH-certified negative pressure
                                                  (demand) supplied-air respirator with a                 oxiranylmethoxy)phenyl]ethyl]phenyl]-1-[4-             read as follows:
                                                                                                          (2-oxiranylmethoxy)phenyl]ethyl]phenoxy]-
                                                  full facepiece.                                         (P–15–356, Chemical B).                                § 721.10913 Diisocyanato hexane,
                                                     (ii) Industrial commercial, and                                                                             homopolymer, alkanoic acid-polyalkylene
                                                  consumer activities. Requirements as                       (a) Chemical substance and                          glycol ether with substituted alkane (3:1)
                                                  specified in § 721.80(h).                               significant new uses subject to reporting.             reaction products-blocked (generic).
                                                     (iii) Release to water. Requirements as              (1) The chemical substance identified as                 (a) Chemical substance and
                                                  specified in § 721.90(a)(4), (b)(4), and                2-propanol, 1,3-bis[4-[1-[4-[1-methyl-1-               significant new uses subject to reporting.
                                                  (c)(4) (N=4).                                           [4-(2-                                                 (1) The chemical substance identified
                                                     (b) Specific requirements. The                       oxiranylmethoxy)phenyl]ethyl]phenyl]-                  generically as diisocyanato hexane,
                                                  provisions of subpart A of this part                    1-[4-(2-oxiranylmethoxy)phenyl]                        homopolymer, alkanoic acid-
                                                  apply to this section except as modified                ethyl]phenoxy]- (PMN P–15–356,                         polyalkylene glycol ether with
                                                  by this paragraph.                                      Chemical B; CAS No. 180063–56–3) is                    substituted alkane (3:1) reaction
                                                     (1) Recordkeeping. Recordkeeping                     subject to reporting under this section                products-blocked (PMN P–15–378) is
                                                  requirements as specified in                            for the significant new uses described in              subject to reporting under this section
                                                  § 721.125(a) through (e), (i), and (k) are              paragraph (a)(2) of this section.                      for the significant new uses described in
                                                  applicable to manufacturers and                            (2) The significant new uses are:                   paragraph (a)(2) of this section.
                                                  processors of this substance.                              (i) Industrial, commercial and                        (2) The significant new uses are:
                                                     (2) Limitations or revocation of                     consumer activities. Requirements as                     (i) Protection in the workplace.
                                                  certain notification requirements. The                  specified in § 721.80. A significant new               Requirements as specified in
                                                  provisions of § 721.185 apply to this                   use of the substance is any use other                  § 721.63(a)(4), (a)(6)(ii), and (c). When
                                                  section.                                                than as an additive in polymer                         determining which persons are
                                                                                                          formulation for electronics.                           reasonably likely to be exposed as
                                                  ■ 39. Add § 721.10910 to subpart E to
                                                                                                             (ii) Release to water. Requirements as              required for § 721.63(a)(4), engineering
                                                  read as follows:                                        specified in § 721.90(a)(1), (b)(1), and               control measures (e.g., enclosure or
                                                  § 721.10910 Oxirane, 2,2′-[[1-[4-[1-methyl-             (c)(1).                                                confinement of the operation, general
                                                  1-[4-(2-oxiranylmethoxy)phenyl]                            (b) Specific requirements. The                      and local ventilation) or administrative
                                                  ethyl]phenyl]ethylidene]bis(4,1-                        provisions of subpart A of this part                   control measures (e.g., workplace
                                                  phenyleneoxymethylene)]bis- (P–15–356,                  apply to this section except as modified               policies and procedures) shall be
                                                  Chemical A).                                            by this paragraph.                                     considered and implemented to prevent
                                                    (a) Chemical substance and                               (1) Recordkeeping. Recordkeeping                    exposure, where feasible. The following
                                                  significant new uses subject to reporting.              requirements as specified in                           National Institute for Occupational
                                                  (1) The chemical substance identified as                § 721.125(a), (b), (c), (i), and (k) are               Safety and Health (NIOSH)-certified
                                                  oxirane, 2,2′-[[1-[4-[1-methyl-1-[4-(2-                 applicable to manufacturers and                        respirators with an assigned protection
                                                  oxiranylmethoxy)phenyl]ethyl]phenyl]                    processors of this substance.                          factor (APF) of at least 10 meet the
                                                  ethylidene]bis(4,1-                                        (2) Limitations or revocation of                    requirements of § 721.63(a)(4):
                                                  phenyleneoxymethylene)]bis- (PMN                        certain notification requirements. The                   (A) NIOSH-certified power air-
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                                                  P–15–356, Chemical A; CAS No.                           provisions of § 721.185 apply to this                  purifying respirator with a hood or
                                                  115254–47–2) is subject to reporting                    section.                                               helmet and with appropriate gas/vapor
                                                  under this section for the significant                  ■ 41. Add § 721.10912 to subpart E to                  (acid gas, organic vapor, or substance
                                                  new uses described in paragraph (a)(2)                  read as follows:                                       specific) cartridges in combination with
                                                  of this section.                                                                                               HEPA filters.
                                                    (2) The significant new uses are:                     § 721.10912       Aliphatic acrylate (generic).          (B) NIOSH-certified continuous flow
                                                    (i) Industrial, commercial and                          (a) Chemical substance and                           supplied-air respirator equipped with a
                                                  consumer activities. Requirements as                    significant new uses subject to reporting.             loose fitting facepiece, hood, or helmet.


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                                                                      Federal Register / Vol. 81, No. 94 / Monday, May 16, 2016 / Rules and Regulations                                            30479

                                                    (C) NIOSH-certified negative pressure                 411) is subject to reporting under this               subject to reporting under this section
                                                  (demand) supplied-air respirator with a                 section for the significant new uses                  for the significant new uses described in
                                                  full facepiece.                                         described in paragraph (a)(2) of this                 paragraph (a)(2) of this section.
                                                    (ii) Industrial, commercial, and                      section.                                                 (2) The significant new uses are:
                                                  consumer activities. Requirements as                       (2) The significant new uses are:                     (i) Protection in the workplace.
                                                  specified in § 721.80(o).                                  (i) Release to water. Requirements as              Requirements as specified in
                                                    (b) Specific requirements. The                        specified in § 721.90(a)(4), (b)(4), and              § 721.63(a)(1), (a)(2)(i), (a)(3), (a)(4),
                                                  provisions of subpart A of this part                    (c)(4) (N=30).                                        (a)(6)(ii), (a)(6)(v), (a)(6)(vi), and (c).
                                                  apply to this section except as modified                   (ii) [Reserved].                                   When determining which persons are
                                                  by this paragraph.                                         (b) Specific requirements. The                     reasonably likely to be exposed as
                                                    (1) Recordkeeping. Recordkeeping                      provisions of subpart A of this part                  required for § 721.63(a)(4), engineering
                                                  requirements as specified in                            apply to this section except as modified              control measures (e.g., enclosure or
                                                  § 721.125(a) through (d) and (i) are                    by this paragraph.                                    confinement of the operations, general
                                                  applicable to manufacturers and                            (1) Recordkeeping. Recordkeeping                   and local ventilation) or administrative
                                                  processors of this substance.                           requirements as specified in                          control measure (e.g., workplace
                                                    (2) Limitations or revocation of                      § 721.125(a), (b), (c), and (k) are                   policies and procedures) shall be
                                                  certain notification requirements. The                  applicable to manufacturers and                       considered and implemented to prevent
                                                  provisions of § 721.185 apply to this                   processors of this substance.                         exposure, where feasible. The following
                                                  section.                                                   (2) Limitations or revocation of                   National Institute for Occupational
                                                  ■ 43. Add § 721.10914 to subpart E to                   certain notification requirements. The                Safety and Health (NIOSH)-certified
                                                  read as follows:                                        provisions of § 721.185 apply to this                 respirator with an assigned protection
                                                                                                          section.                                              factor (APF) of at least 10 meets the
                                                  § 721.10914 Polyitaconic acid, sodium zinc                                                                    minimum requirements for
                                                                                                          ■ 45. Add § 721.10916 to subpart E to
                                                  salt (generic).
                                                                                                          read as follows:                                      § 721.63(a)(4): NIOSH-certified powered
                                                     (a) Chemical substance and                                                                                 air-purifying respirator with a hood or
                                                  significant new uses subject to reporting.              § 721.10916 2,7-Naphthalenedisulfonic                 helmet and with appropriate gas-vapor
                                                  (1) The chemical substance identified                   acid, 4-amino-3-[substituted]-5-hydroxy-6-            (acid gas, organic vapor, or substance
                                                  generically as polyitaconic acid, sodium                [(1E)-2-phenyldiazenyl]-, lithium salt (1:3)
                                                                                                          (generic).
                                                                                                                                                                specific) cartridges.
                                                  zinc salt (PMN P–15–382) is subject to                                                                           (ii) Industrial commercial, and
                                                  reporting under this section for the                      (a) Chemical substance and                          consumer activities. Requirements as
                                                  significant new uses described in                       significant new uses subject to reporting.            specified in § 721.80(g).
                                                  paragraph (a)(2) of this section.                       (1) The chemical substance identified                    (iii) Release to water. Requirements as
                                                     (2) The significant new uses are:                    generically as 2,7-naphthalenedisulfonic              specified in § 721.90(a)(4), (b)(4), and
                                                     (i) Industrial commercial, and                       acid, 4-amino-3-[substituted]-5-hydroxy-              (c)(4) (N=1).
                                                  consumer activities. Requirements as                    6-[(1E)-2-phenyldiazenyl]-, lithium salt                 (b) Specific requirements. The
                                                  specified in § 721.80. A significant new                (1:3) (PMN P–15–435) is subject to                    provisions of subpart A of this part
                                                  use of the substance is any use other                   reporting under this section for the                  apply to this section except as modified
                                                  than as an odor neutralization for pet                  significant new uses described in                     by this paragraph.
                                                  litter and cleaning hard surface surfaces,              paragraph (a)(2) of this section.                        (1) Recordkeeping. Recordkeeping
                                                  fabrics, skin and hair; an odor                           (2) The significant new uses are:                   requirements as specified in
                                                  neutralization for air car; and an odor                   (i) Industrial, commercial, and                     § 721.125(a) through (e), (i), and (k) are
                                                  neutralization for waste processing and                 consumer activities. Requirements as                  applicable to manufacturers and
                                                  solid waste management in paper, oil,                   specified in § 721.80. A significant new              processors of this substance.
                                                  gas, mining, agriculture, food and                      use of the substance is any use other                    (2) Limitations or revocation of
                                                  municipal industries.                                   that in a liquid formulation.                         certain notification requirements. The
                                                     (ii) [Reserved].                                       (ii) [Reserved].                                    provisions of § 721.185 apply to this
                                                     (b) Specific requirements. The                         (b) Specific requirements. The                      section.
                                                  provisions of subpart A of this part                    provisions of subpart A of this part                  ■ 47. Add § 721.10918 to subpart E to
                                                  apply to this section except as modified                apply to this section except as modified              read as follows:
                                                  by this paragraph.                                      by this paragraph.
                                                     (1) Recordkeeping. Recordkeeping                       (1) Recordkeeping. Recordkeeping                    § 721.10918 Perfluorobutanesulfonamide
                                                  requirements as specified in                            requirements as specified in                          and polyoxyalkylene containing
                                                  § 721.125(a), (b), (c), and (i) are                     § 721.125(a), (b), (c), and (i) are                   polyurethane (generic).
                                                  applicable to manufacturers and                         applicable to manufacturers and                          (a) Chemical substance and
                                                  processors of this substance.                           processors of these substances.                       significant new uses subject to reporting.
                                                     (2) Limitations or revocation of                       (2) Limitations or revocation of                    (1) The chemical substance identified
                                                  certain notification requirements. The                  certain notification requirements. The                generically as
                                                  provisions of § 721.185 apply to this                   provisions of § 721.185 apply to this                 perfluorobutanesulfonamide and
                                                  section.                                                section.                                              polyoxyalkylene containing
                                                  ■ 44. Add § 721.10915 to subpart E to                   ■ 46. Add § 721.10917 to subpart E to                 polyurethane (PMN P–15–502) is
                                                  read as follows:                                        read as follows:                                      subject to reporting under this section
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                                                                                                                                                                for the significant new uses described in
                                                  § 721.10915 Fatty acid esters with polyols              § 721.10917 Polymethylsiloxane,                       paragraph (a)(2) of this section. The
                                                  polyalkyl ethers (generic).                             distillation residues (generic).                      requirements of this rule do not apply
                                                    (a) Chemical substance and                              (a) Chemical substance and                          to quantities of the PMN substance after
                                                  significant new uses subject to reporting.              significant new uses subject to reporting.            it has been completely reacted (cured).
                                                  (1) The chemical substance identified                   (1) The chemical substance identified                    (2) The significant new uses are:
                                                  generically as fatty acid esters with                   generically as polymethylsiloxane,                       (i) Hazard communication program. A
                                                  polyols polyalkyl ethers (PMN P–15–                     distillation residues (PMN P–15–492) is               significant new use of the substance is


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                                                  30480               Federal Register / Vol. 81, No. 94 / Monday, May 16, 2016 / Rules and Regulations

                                                  any manner or method of manufacture                     reporting under this section for the                  (chloromethyl)- (PMN P–15–573; CAS
                                                  or processing associated with any use of                significant new uses described in                     No. 1623–88–7) is subject to reporting
                                                  the substance without providing risk                    paragraph (a)(2) of this section.                     under this section for the significant
                                                  notification as follows:                                   (2) The significant new uses are:                  new uses described in paragraph (a)(2)
                                                     (A) If as a result of the test data                     (i) Release to water. Requirements as              of this section.
                                                  required under TSCA section 5(e)                        specified in § 721.90(a)(4), (b)(4), and                 (2) The significant new uses are:
                                                  consent order for the substance, the                    (c)(4) (N=24).                                           (i) Protection in the workplace.
                                                  employer becomes aware that the                            (ii) [Reserved].                                   Requirements as specified in
                                                  substances may present a risk of injury                    (b) Specific requirements. The                     § 721.63(a)(1), (a)(2)(i), (a)(3), (a)(4),
                                                  to human health or the environment, the                 provisions of subpart A of this part                  (a)(6)(v), and (c). When determining
                                                  employer must incorporate this new                      apply to this section except as modified              which persons are reasonably likely to
                                                  information, and any information on                     by this paragraph.                                    be exposed as required for
                                                  methods for protecting against such risk,                  (1) Recordkeeping. Recordkeeping                   § 721.63(a)(4), engineering control
                                                  into a MSDS as described in § 721.72(c)                 requirements as specified in                          measures (e.g., enclosure or
                                                  within 90 days from the time the                        § 721.125(a), (b), (c), and (k) are                   confinement of the operation, general
                                                  employer becomes aware of the new                       applicable to manufacturers and                       and local ventilation) or administrative
                                                  information. If the substance is not                    processors of this substance.                         control measures (e.g., workplace
                                                  being manufactured, processed, or used                     (2) Limitations or revocation of                   policies and procedures) shall be
                                                  in the employer’s workplace, the                        certain notification requirements. The                considered and implemented to prevent
                                                  employer must add the new information                   provisions of § 721.185 apply to this                 exposure, where feasible. The following
                                                  to a MSDS before the substance is                       section.                                              National Institute for Occupational
                                                  reintroduced into the workplace.                        ■ 49. Add § 721.10920 to subpart E to                 Safety and Health (NIOSH)-certified
                                                     (B) The employer must ensure that                    read as follows:                                      respirators with an assigned protection
                                                  persons who will receive the PMN                                                                              factor (APF) of at least 50 meet the
                                                  substance from the employer, or who                     § 721.10920 Modified diphenylmethane                  requirements of § 721.63(a)(4):
                                                                                                          diisocyanate prepolymer with polyol                      (A) NIOSH-certified powered air-
                                                  have received the PMN substance from
                                                                                                          (generic).
                                                  the employer within 5 years from the                                                                          purifying respirator with a tight-fitting
                                                  date the employer becomes aware of the                    (a) Chemical substance and                          half mask and HEPA filters.
                                                  new information described in paragraph                  significant new uses subject to reporting.               (B) NIOSH-certified continuous flow
                                                  (a)(2)(i)(A) of this section, are provided              (1) The chemical substance identified                 supplied-air respirator equipped with a
                                                  an MSDS containing the information                      generically as modified                               tight-fitting half mask.
                                                  required under paragraph (a)(2)(i)(A) of                diphenylmethane diisocyanate                             (C) NIOSH-certified negative pressure
                                                  this section within 90 days from the                    prepolymer with polyol (PMN P–15–                     (demand) supplied-air respirator
                                                  time the employer becomes aware of the                  559) is subject to reporting under this               equipped with a full facepiece.
                                                  new information.                                        section for the significant new uses                     (ii) Industrial commercial, and
                                                     (ii) Industrial, commercial, and                     described in paragraph (a)(2) of this                 consumer activities. Requirements as
                                                  consumer activities. Requirements as                    section.                                              specified in § 721.80(g) (chemical
                                                  specified in § 721.80(k).                                 (2) The significant new uses are:                   intermediate use in a continuous
                                                     (b) Specific requirements. The                         (i) Industrial, commercial, and                     reaction process such that no greater
                                                  provisions of subpart A of this part                    consumer activities. Requirements as                  than 50 kilograms is present in the
                                                  apply to this section except as modified                specified in § 721.80. A significant new              workplace at a given time) and
                                                  by this paragraph.                                      use of the substance is manufacture of                (s)(15,000 kilograms).
                                                     (1) Recordkeeping. Recordkeeping                     the substance where the average                          (b) Specific requirements. The
                                                  requirements as specified in                            molecular weight is below 7,500                       provisions of subpart A of this part
                                                  § 721.125(a), (b), (c), (f), (h), and (i) are           daltons, and where any molecular                      apply to this section except as modified
                                                  applicable to manufacturers and                         weight species is below 1,000 daltons.                by this paragraph.
                                                  processors of this substance.                             (ii) [Reserved].                                       (1) Recordkeeping. Recordkeeping
                                                     (2) Limitations or revocation of                       (b) Specific requirements. The                      requirements as specified in
                                                  certain notification requirements. The                  provisions of subpart A of this part                  § 721.125(a) through (e) and (i) are
                                                  provisions of § 721.185 apply to this                   apply to this section except as modified              applicable to manufacturers and
                                                  section.                                                by this paragraph.                                    processors of this substance.
                                                     (3) Determining whether a specific                     (1) Recordkeeping. Recordkeeping                       (2) Limitations or revocation of
                                                  use is subject to this section. The                     requirements as specified in                          certain notification requirements. The
                                                  provisions of § 721.1725(b)(1) apply to                 § 721.125(a), (b), (c), and (i) are                   provisions of § 721.185 apply to this
                                                  paragraph (a)(2)(ii) of this section.                   applicable to manufacturers and                       section.
                                                  ■ 48. Add § 721.10919 to subpart E to
                                                                                                          processors of this substance.                         ■ 51. Add § 721.10922 to subpart E to
                                                  read as follows:                                          (2) Limitations or revocation of                    read as follows:
                                                                                                          certain notification requirements. The
                                                  § 721.10919 Quaternary ammonium                         provisions of § 721.185 apply to this                 § 721.10922 1,2,4,5,7,8-Hexoxonane, 3,6,9-
                                                  compounds, (3-chloro-2-                                 section.                                              trimethyl-, 3,6,9-tris(alkyl) derivs. (generic).
                                                  hydroxypropyl)coco alkyldimethyl,                       ■ 50. Add § 721.10921 to subpart E to                   (a) Chemical substance and
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                                                  chlorides.                                                                                                    significant new uses subject to reporting.
                                                                                                          read as follows:
                                                    (a) Chemical substance and                                                                                  (1) The chemical substance identified
                                                  significant new uses subject to reporting.              § 721.10921 2-Furancarboxyaldehyde,                   generically as 11,2,4,5,7,8-hexoxonane,
                                                  (1) The chemical substance identified as                5-(chloromethyl)-.                                    3,6,9-trimethyl-, 3,6,9-tris(alkyl) derivs.
                                                  quaternary ammonium compounds,                            (a) Chemical substance and                          (PMN P–15–607) is subject to reporting
                                                  (3-chloro-2-hydroxypropyl)coco                          significant new uses subject to reporting.            under this section for the significant
                                                  alkyldimethyl, chlorides (PMN P–15–                     (1) The chemical substance identified as              new uses described in paragraph (a)(2)
                                                  542; CAS No. 690995–44–9) is subject to                 2-furancarboxyaldehyde, 5-                            of this section.


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                                                                      Federal Register / Vol. 81, No. 94 / Monday, May 16, 2016 / Rules and Regulations                                                 30481

                                                     (2) The significant new uses are:                    (1:1), (9Z)- (PMN P–15–671; CAS No.                   generically as vegetable fatty acid alkyl
                                                     (i) Industrial commercial, and                       41130–29–4) is subject to reporting                   esters (PMNs P–15–689 and P–15–690)
                                                  consumer activities. Requirements as                    under this section for the significant                are subject to reporting under this
                                                  specified in § 721.80(j).                               new uses described in paragraph (a)(2)                section for the significant new uses
                                                     (ii) [Reserved].                                     of this section.                                      described in paragraph (a)(2) of this
                                                     (b) Specific requirements. The                          (2) The significant new uses are:                  section.
                                                  provisions of subpart A of this part                       (i) Release to water. Requirements as
                                                  apply to this section except as modified                specified in § 721.90(a)(4), (b)(4), and                (2) The significant new uses are:
                                                  by this paragraph.                                      (c)(4) (N=1).                                           (i) Industrial, commercial, and
                                                     (1) Recordkeeping. Recordkeeping                        (ii) [Reserved].                                   consumer activities. Requirements as
                                                  requirements as specified in                               (b) Specific requirements. The                     specified in § 721.80(g).
                                                  § 721.125(a), (b), (c), and (i) are                     provisions of subpart A of this part
                                                  applicable to manufacturers and                         apply to this section except as modified                (ii) [Reserved].
                                                  processors of this substance.                           by this paragraph.                                      (b) Specific requirements. The
                                                     (2) Limitations or revocation of                        (1) Recordkeeping. Recordkeeping                   provisions of subpart A of this part
                                                  certain notification requirements. The                  requirements as specified in                          apply to this section except as modified
                                                  provisions of § 721.185 apply to this                   § 721.125(a), (b), (c), and (k) are                   by this paragraph.
                                                  section.                                                applicable to manufacturers and
                                                     (3) Determining whether a specific use                                                                       (1) Recordkeeping. Recordkeeping
                                                                                                          processors of this substance.
                                                  is subject to this section. The provisions                 (2) Limitations or revocation of                   requirements as specified in
                                                  of § 721.1725(b)(1) apply to paragraph                  certain notification requirements. The                § 721.125(a), (b), (c), and (i) are
                                                  (a)(2)(i) of this section.                              provisions of § 721.185 apply to this                 applicable to manufacturers and
                                                  ■ 52. Add § 721.10923 to subpart E to                   section.                                              processors of these substances.
                                                  read as follows:                                        ■ 53. Add § 721.10924 to subpart E to                   (2) Limitations or revocation of
                                                                                                          read as follows:                                      certain notification requirements. The
                                                  § 721.10923 9-Octadecen-1-amine,
                                                  hydrochloride (1:1), (9Z)-.
                                                                                                                                                                provisions of § 721.185 apply to this
                                                                                                          § 721.10924 Vegetable fatty acid alkyl
                                                                                                          esters (generic).                                     section.
                                                    (a) Chemical substance and
                                                  significant new uses subject to reporting.                (a) Chemical substance and                          [FR Doc. 2016–11121 Filed 5–13–16; 8:45 am]
                                                  (1) The chemical substance identified as                significant new uses subject to reporting.            BILLING CODE 6560–50–P
                                                  9-octadecen-1-amine, hydrochloride                      (1) The chemical substances identified
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Document Created: 2016-05-14 01:17:36
Document Modified: 2016-05-14 01:17:36
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionDirect final rule.
DatesThis rule is effective on July 15, 2016. For purposes of judicial review, this rule shall be promulgated at 1 p.m. (e.s.t.) on May 31, 2016.
ContactFor technical information contact: Kenneth Moss, Chemical Control Division (7405M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number: (202) 564-9232; email
FR Citation81 FR 30451 
RIN Number2070-AB27
CFR Citation40 CFR 721
40 CFR 9
CFR AssociatedChemicals; Hazardous Substances; Environmental Protection and Reporting and Recordkeeping Requirements

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