81_FR_44929 81 FR 44797 - Significant New Use Rules on Certain Chemical Substances; Correction

81 FR 44797 - Significant New Use Rules on Certain Chemical Substances; Correction

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 132 (July 11, 2016)

Page Range44797-44798
FR Document2016-15728

EPA issued a final rule in the Federal Register of May 16, 2016 for 55 chemical substances that were the subject of premanufacture notices (PMNs). For the chemical substance identified generically as aluminum calcium oxide salt (PMN P-15-328), EPA inadvertently omitted the de minimus exemption from the worker protection requirements. Also for the same chemical substance, a typographical error has been identified within the hazard communication program requirements. This document corrects the omission and the typographical error.

Federal Register, Volume 81 Issue 132 (Monday, July 11, 2016) 
[Federal Register Volume 81, Number 132 (Monday, July 11, 2016)]
[Rules and Regulations]
[Pages 44797-44798]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-15728]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 721

[EPA-HQ-OPPT-2015-0810; FRL-9947-33]
RIN 2070-AB27


Significant New Use Rules on Certain Chemical Substances; 
Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; correction.

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SUMMARY: EPA issued a final rule in the Federal Register of May 16, 
2016 for 55 chemical substances that were the subject of premanufacture 
notices (PMNs). For the chemical substance identified generically as 
aluminum calcium oxide salt (PMN P-15-328), EPA inadvertently omitted 
the de minimus exemption from the worker protection requirements. Also 
for the same chemical substance, a typographical error has been 
identified within the hazard communication program requirements. This 
document corrects the omission and the typographical error.

DATES: This correction is effective July 15, 2016.

ADDRESSES: The docket for this action, identified by docket 
identification (ID) number EPA-HQ-OPPT-2015-0810, is available at 
http://www.regulations.gov or at the Office of Pollution Prevention and 
Toxics Docket (OPPT Docket), Environmental Protection Agency Docket 
Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 1301 
Constitution Ave. NW., Washington, DC. The Public Reading Room is open 
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal 
holidays. The telephone number for the Public Reading Room is (202) 
566-1744, and the telephone number for the OPPT Docket is (202) 566-
0280. Please review the visitor instructions and additional information 
about the docket available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: For technical information contact: 
Kenneth Moss, Chemical Control Division, 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. Does this action apply to me?

    The Agency included in the May 16, 2016 final rule a list of those 
who may be potentially affected by this action.

II. What does this correction do?

    EPA issued a final rule in the Federal Register of May 16, 2016 (81 
FR 30477) (FRL-9944-77) for significant new uses for 55 chemical 
substances that were the subject of PMN notices. EPA omitted the de 
mimimus exemption of 1.0% from the worker protection requirements for 
Sec.  721.10908(a)(2)(i). EPA also, within the hazard communication 
program requirements for Sec.  721.10908(a)(2)(ii), misspelled a word. 
In that section, the word ``trhough'' should read ``through.'' This 
action corrects the omission and the typographical error.

III. Why is this correction issued as a final rule?

    Section 553 of the Administrative Procedure Act (APA) (5 U.S.C. 
553(b)(3)(B)) provides that, when an

[[Page 44798]]

Agency for good cause finds that notice and public procedure are 
impracticable, unnecessary or contrary to the public interest, the 
Agency may issue a final rule without providing notice and an 
opportunity for public comment. EPA has determined that there is good 
cause for making this correction final without prior proposal and 
opportunity for comment. The TSCA section 5(e) consent order for P-15-
378 that is the basis for the SNUR at Sec.  721.10908 contains the de 
minimus exemption of 1.0% that is missing from the worker protection 
requirements for Sec.  721.10908(a)(2)(i). The typographical error 
corrects a spelling mistake for the word ``through.'' EPA finds that 
this constitutes good cause under 5 U.S.C. 553(b)(3)(B).

IV. Do any of the statutory and Executive Order reviews apply to this 
action?

    No. For a detailed discussion concerning the statutory and 
executive order review, refer to Unit XII. of the May 16, 2016 final 
rule.

V. 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).
    In FR Doc. 2016-11121, published in the Federal Register of May 16, 
2016 (81 FR 30452), make the following correction:

0
1. On page, 30477, in the second and third columns, in Sec.  721.10908, 
paragraphs (a)(2)(i) introductory text and (a)(2)(ii) are corrected to 
read as follows:


Sec.  721.10908  Aluminum calcium oxide salt (generic).

    (a) * * *
    (2) * * *
    (i) Protection in the workplace. Requirements as specified in Sec.  
721.63(a)(4), (a)(6)(ii), (a)(6)(v), (a)(6)(vi), (b) (concentration set 
at 1.0 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):
* * * * *
    (ii) Hazard communication program. Requirements as specified in 
Sec.  721.72(a) through (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).
* * * * *

List of Subjects in 40 CFR Part 721

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

    Dated: June 23, 2016.
Maria J. Doa,
Director, Chemical Control Division, Office of Pollution Prevention and 
Toxics.

[FR Doc. 2016-15728 Filed 7-8-16; 8:45 am]
BILLING CODE 6560-50-P

Federal Register / Vol. 81, No. 132 / Monday, July 11, 2016 / Rules and Regulations 44797 PART 52—APPROVAL AND Authority: 42 U.S.C. 7401 et seq. ‘‘Chapter V’’ under the heading ‘‘Polk PROMULGATION OF County’’ to read as follows: IMPLEMENTATION PLANS Subpart Q—Iowa § 52.820 Identification of plan. ■ 1. The authority citation for part 52 ■ 2. In § 52.820 the table in paragraph * * * * * continues to read as follows: (c) is amended by revising the entry for (c) * * * EPA-APPROVED IOWA REGULATIONS Iowa citation Title State effective date EPA approval date Explanation Iowa Department of Natural Resources Environmental Protection Commission [567] * * * * * * * Polk County Chapter V ................ Polk County Board 10/12/15 ............................ 7/11/16, [Insert Federal Article I, Section 5–2, definition of ‘‘vari- of Health Rules Register citation]. ance,’’ ‘‘anaerobic lagoon,’’ and and Regulations ‘‘greenhouse gases’’; Article III, Incin- Air Pollution eration and Open Burning, Section 5– Chapter V. 7(d) Variance Application; Article VI, Sections 5–16(n), (o) and (p); Article VIII; Article IX, Sections 5–27(3) and (4); Article X, Section 5–28, sub- sections (a) through (c), and Article X, Section 5–35(b)(5); Article XIII; and Article XVI, Section 5–75 are not part of the SIP. Article VI, Section 5–17, adopted by Polk County on 7/26/ 2011, is not part of the SIP, and the previously approved version of Article VI, Section 5–17 remains part of the SIP. * * * * * corrects the omission and the For general information contact: The [FR Doc. 2016–16262 Filed 7–8–16; 8:45 am] typographical error. TSCA-Hotline, ABVI-Goodwill, 422 BILLING CODE 6560–50–P DATES: This correction is effective July South Clinton Ave., Rochester, NY 15, 2016. 14620; telephone number: (202) 554– 1404; email address: TSCA-Hotline@ ENVIRONMENTAL PROTECTION ADDRESSES: The docket for this action, epa.gov. AGENCY identified by docket identification (ID) number EPA–HQ–OPPT–2015–0810, is SUPPLEMENTARY INFORMATION: 40 CFR Part 721 available at http://www.regulations.gov I. Does this action apply to me? or at the Office of Pollution Prevention [EPA–HQ–OPPT–2015–0810; FRL–9947–33] and Toxics Docket (OPPT Docket), The Agency included in the May 16, Environmental Protection Agency 2016 final rule a list of those who may RIN 2070–AB27 Docket Center (EPA/DC), West William be potentially affected by this action. Jefferson Clinton Bldg., Rm. 3334, 1301 II. What does this correction do? Significant New Use Rules on Certain Constitution Ave. NW., Washington, Chemical Substances; Correction EPA issued a final rule in the Federal DC. The Public Reading Room is open Register of May 16, 2016 (81 FR 30477) AGENCY: Environmental Protection from 8:30 a.m. to 4:30 p.m., Monday (FRL–9944–77) for significant new uses Agency (EPA). through Friday, excluding legal for 55 chemical substances that were the holidays. The telephone number for the ACTION: Final rule; correction. subject of PMN notices. EPA omitted the Public Reading Room is (202) 566–1744, de mimimus exemption of 1.0% from SUMMARY: EPA issued a final rule in the and the telephone number for the OPPT the worker protection requirements for Federal Register of May 16, 2016 for 55 Docket is (202) 566–0280. Please review § 721.10908(a)(2)(i). EPA also, within chemical substances that were the the visitor instructions and additional the hazard communication program subject of premanufacture notices information about the docket available requirements for § 721.10908(a)(2)(ii), (PMNs). For the chemical substance at http://www.epa.gov/dockets. misspelled a word. In that section, the identified generically as aluminum FOR FURTHER INFORMATION CONTACT: For word ‘‘trhough’’ should read ‘‘through.’’ calcium oxide salt (PMN P–15–328), technical information contact: Kenneth This action corrects the omission and EPA inadvertently omitted the de Moss, Chemical Control Division, Office the typographical error. ehiers on DSK5VPTVN1PROD with RULES minimus exemption from the worker of Pollution Prevention and Toxics, protection requirements. Also for the Environmental Protection Agency, 1200 III. Why is this correction issued as a same chemical substance, a Pennsylvania Ave. NW., Washington, final rule? typographical error has been identified DC 20460–0001; telephone number: Section 553 of the Administrative within the hazard communication (202) 564–9232; email address: Procedure Act (APA) (5 U.S.C. program requirements. This document moss.kenneth@epa.gov. 553(b)(3)(B)) provides that, when an VerDate Sep<11>2014 13:54 Jul 08, 2016 Jkt 238001 PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 E:\FR\FM\11JYR1.SGM 11JYR1

44798 Federal Register / Vol. 81, No. 132 / Monday, July 11, 2016 / Rules and Regulations Agency for good cause finds that notice National Institute for Occupational rest of the 2016 fishing season or until and public procedure are impracticable, Safety and Health (NIOSH)-certified NMFS announces via a notice in the unnecessary or contrary to the public respirators with an Assigned Protection Federal Register another adjustment to interest, the Agency may issue a final Factor (APF) of at least 10 meet the the retention limit or a fishery closure. rule without providing notice and an requirements of § 721.63(a)(4): This retention limit adjustment affects opportunity for public comment. EPA * * * * * anyone with a directed shark limited has determined that there is good cause (ii) Hazard communication program. access permit fishing for LCS in the for making this correction final without Requirements as specified in § 721.72(a) Atlantic region. prior proposal and opportunity for through (f)(concentration set at 1.0 DATES: This retention limit adjustment comment. The TSCA section 5(e) percent), (g)(1)(ii), (g)(2) (When using is effective on July 15, 2016, through the consent order for P–15–378 that is the this substance avoid breathing the end of the 2016 fishing season on basis for the SNUR at § 721.10908 substance, and use respiratory December 31, 2016, or until NMFS contains the de minimus exemption of protection, or maintain workplace announces via a notice in the Federal 1.0% that is missing from the worker airborne concentrations at or below an Register another adjustment to the protection requirements for 8-hour time-weighted average of 5 mg/ retention limit or a fishery closure, if § 721.10908(a)(2)(i). The typographical m3.) and (g)(5). warranted. error corrects a spelling mistake for the * * * * * FOR FURTHER INFORMATION CONTACT: Guý word ‘‘through.’’ EPA finds that this DuBeck or Karyl Brewster-Geisz 301– constitutes good cause under 5 U.S.C. List of Subjects in 40 CFR Part 721 427–8503; fax 301–713–1917. 553(b)(3)(B). Environmental protection, Chemicals, SUPPLEMENTARY INFORMATION: Atlantic IV. Do any of the statutory and Hazardous substances, Reporting and shark fisheries are managed under the Executive Order reviews apply to this recordkeeping requirements. 2006 Consolidated Highly Migratory action? Dated: June 23, 2016. Species (HMS) Fishery Management Maria J. Doa, Plan (FMP), its amendments, and No. For a detailed discussion implementing regulations (50 CFR part concerning the statutory and executive Director, Chemical Control Division, Office of Pollution Prevention and Toxics. 635) issued under authority of the order review, refer to Unit XII. of the Magnuson-Stevens Fishery May 16, 2016 final rule. [FR Doc. 2016–15728 Filed 7–8–16; 8:45 am] Conservation and Management Act (16 V. Congressional Review Act BILLING CODE 6560–50–P U.S.C. 1801 et seq.). Pursuant to the Congressional Review Atlantic shark fisheries have separate Act (5 U.S.C. 801 et seq.), EPA will regional (Gulf of Mexico and Atlantic) submit a report containing this rule and DEPARTMENT OF COMMERCE quotas for all management groups other required information to the U.S. except for the shark research fishery for National Oceanic and Atmospheric LCS and sandbar sharks, blue shark, Senate, the U.S. House of Administration Representatives, and the Comptroller porbeagle shark, and pelagic shark General of the United States prior to (other than porbeagle or blue sharks) 50 CFR Part 635 management groups. The boundary publication of the rule in the Federal Register. This action is not a ‘‘major [Docket No. 150413357–5999–02] between the Gulf of Mexico region and rule’’ as defined by 5 U.S.C. 804(2). the Atlantic region is defined at RIN 0648–XE586 § 635.27(b)(1) as a line beginning on the In FR Doc. 2016–11121, published in the Federal Register of May 16, 2016 (81 East Coast of Florida at the mainland at Atlantic Highly Migratory Species; FR 30452), make the following 25°20.4′ N. lat, proceeding due east. Commercial Aggregated Large Coastal correction: Any water and land to the north and Shark and Hammerhead Shark ■ 1. On page, 30477, in the second and east of that boundary is considered, for Management Group Retention Limit third columns, in § 721.10908, the purposes of quota monitoring and Adjustment paragraphs (a)(2)(i) introductory text setting of quotas, to be within the and (a)(2)(ii) are corrected to read as AGENCY: National Marine Fisheries Atlantic region. This inseason action follows: Service (NMFS), National Oceanic and only affects the aggregated LCS and Atmospheric Administration (NOAA), hammerhead shark management groups § 721.10908 Aluminum calcium oxide salt Commerce. in the Atlantic region. (generic). ACTION: Temporary rule; inseason Under § 635.24(a)(8), NMFS may (a) * * * retention limit adjustment. adjust the commercial retention limit in (2) * * * the shark fisheries during the fishing (i) Protection in the workplace. SUMMARY: NMFS is adjusting the season. Before making any adjustment, Requirements as specified in commercial aggregated large coastal NMFS must consider specified § 721.63(a)(4), (a)(6)(ii), (a)(6)(v), shark (LCS) and hammerhead shark regulatory criteria and other relevant (a)(6)(vi), (b) (concentration set at 1.0 management group retention limit for factors. (See 635.24(a)(8)(i)–(vi)). After percent), and (c). When determining directed shark limited access permit considering these criteria as discussed which persons are reasonably likely to holders in the Atlantic region from 3 below, NMFS has concluded that be exposed as required for LCS other than sandbar sharks per increasing the retention limit of the § 721.63(a)(4), engineering control vessel per trip to 45 LCS other than Atlantic aggregated LCS and measures (e.g., enclosure or sandbar sharks per vessel per trip. This hammerhead management groups for ehiers on DSK5VPTVN1PROD with RULES confinement of the operation, general action is based on consideration of the directed shark limited access permit and local ventilation) or administrative regulatory determination criteria holders will allow use of available control measures (e.g., workplace regarding inseason adjustments. The aggregated LCS and hammerhead shark policies and procedures) shall be retention limit will remain at 45 LCS management group quotas and will considered and implemented to prevent other than sandbar sharks per vessel per provide fishermen throughout the exposure, where feasible. The following trip in the Atlantic region through the Atlantic region equitable fishing VerDate Sep<11>2014 13:54 Jul 08, 2016 Jkt 238001 PO 00000 Frm 00040 Fmt 4700 Sfmt 4700 E:\FR\FM\11JYR1.SGM 11JYR1


Document Created: 2016-07-09 00:21:47
Document Modified: 2016-07-09 00:21:47
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
ActionFinal rule; correction.
DatesThis correction is effective July 15, 2016.
ContactFor technical information contact: Kenneth Moss, Chemical Control Division, 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 44797 
RIN Number2070-AB27
CFR AssociatedEnvironmental Protection; Chemicals; Hazardous Substances and Reporting and Recordkeeping Requirements
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