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

ENVIRONMENTAL PROTECTION AGENCY

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

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, 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]
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