82_FR_44261 82 FR 44079 - Significant New Use Rules on Certain Chemical Substances

82 FR 44079 - Significant New Use Rules on Certain Chemical Substances

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 182 (September 21, 2017)

Page Range44079-44099
FR Document2017-20158

EPA is promulgating significant new use rules (SNURs) under the Toxic Substances Control Act (TSCA) for 37 chemical substances which were the subject of premanufacture notices (PMNs). The applicable review periods for the PMNs submitted for these 37 chemical substances all ended prior to June 22, 2016 (i.e., the date on which President Obama signed into law the Frank R. Lautenberg Chemical Safety for the 21st Century Act which amends TSCA). Six 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 37 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 initiates EPA's evaluation of the intended use within the applicable review period. Manufacture and processing for the significant new use is unable to commence until EPA has conducted a review of the notice, made an appropriate determination on the notice, and take such actions as are required with that determination.

Federal Register, Volume 82 Issue 182 (Thursday, September 21, 2017)
[Federal Register Volume 82, Number 182 (Thursday, September 21, 2017)]
[Rules and Regulations]
[Pages 44079-44099]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-20158]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 9 and 721

[EPA-HQ-OPPT-2016-0331; FRL-9959-81]
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 37 chemical substances 
which were the subject of premanufacture notices (PMNs). The applicable 
review periods for the PMNs submitted for these 37 chemical substances 
all ended prior to June 22, 2016 (i.e., the date on which President 
Obama signed into law the Frank R. Lautenberg Chemical Safety for the 
21st Century Act which amends TSCA). Six 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 37 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 initiates EPA's evaluation of the intended use 
within the applicable review period. Manufacture and processing for the 
significant new use is unable to commence until EPA has conducted a 
review of the notice, made an appropriate determination on the notice, 
and take such actions as are required with that determination.

DATES: This rule is effective on November 20, 2017. For purposes of 
judicial review, this rule shall be promulgated at 1 p.m. (e.s.t.) on 
October 5, 2017.
    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 October 23, 2017 (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 October 23, 2017, 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-2016-0331, 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: moss.kenneth @epa.gov.
    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, 
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 this rule on or after October 23, 2017 
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

[[Page 44080]]

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). 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 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 (15 U.S.C. 2604(a)(1)(B)(i)). TSCA furthermore 
prohibits such manufacturing or processing from commencing until EPA 
has conducted a review of the notice, made an appropriate determination 
on the notice, and taken such actions as are required in association 
with that determination (15 U.S.C. 2604(a)(1)(B)(ii)). As described in 
Unit V., the general SNUR provisions are found at 40 CFR part 721, 
subpart A.

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 must either determine that the significant new use 
is not likely to present an unreasonable risk of injury or take such 
regulatory action as is associated with an alternative determination 
before the manufacture or processing for the significant new use can 
commence. If EPA determines that the significant new use is not likely 
to present an unreasonable risk, EPA is required under TSCA section 
5(g) to make public, and submit for publication in the Federal 
Register, a statement of EPA's findings.

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 37 
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 37 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 (if 
assigned for non-confidential chemical identities).
     Basis for the TSCA section 5(e) consent order or, for non-
TSCA section 5(e) SNURs, the basis for the SNUR (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 6 PMN substances 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

[[Page 44081]]

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 31 PMN substances that are not 
subject to consent orders under TSCA section 5(e). These cases 
completed Agency review prior to June 22, 2016. Under TSCA, prior to 
the enactment of the Frank R. Lautenberg Chemical Safety for the 21st 
Century Act on June 22, 2016, 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 ``non-
TSCA 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 non-TSCA 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, ``(i) are different from those 
described in the premanufacture notice for the substance, including any 
amendments, deletions, and additions of activities to the 
premanufacture notice, and (ii) 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-05-436

    Chemical name: Ethylene glycol ester of an aromatic substituted 
propenoic acid (generic).
    CAS number: Not available.
    Basis for action: The PMN states that the generic (non-
confidential) use of the substance will be as a modifier for polyester 
polymer. Based on structure activity relationship (SAR) analysis of 
test data on structurally similar substances, EPA predicts toxicity to 
aquatic organisms at concentrations that exceed 10 parts per billion 
(ppb) of the PMN substance in surface waters. As described in the PMN, 
releases to surface waters of the PMN substance are not expected to 
exceed 10 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 10 ppb 
may cause 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 (Office of Pollution 
Prevention and Toxics (OPPTS) Test Guideline 850.1075); an acute 
invertebrate toxicity test, freshwater daphnids (Office of Chemical 
Safety and Pollution Prevention (OCSPP) 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 721.10961.

PMN Number P-10-504

    Chemical name: Phosphoric acid, metal salt (generic).
    CAS number: Not available.
    Basis for action: The PMN states that the substance will be used as 
a flame retardant for textiles. Based on SAR analysis of test data on 
analogous substances, EPA identified eye and dermal irritation as well 
as immunotoxicity concerns to workers from exposure to the PMN 
substance via the inhalation route. Additionally, based on SAR analysis 
of test data on analogous inorganic phosphates, EPA predicts toxicity 
to aquatic organisms may occur at concentrations that exceed 5 ppb of 
the PMN substance in surface waters. For the use described in the PMN, 
significant releases of the substance are not expected, and worker 
dermal and inhalation will be minimal. 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 substantial production volume increases, or use of the 
PMN substance other than as described in the PMN, could change exposure 
potential, which may cause significant adverse health and 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 90-
day oral toxicity test (OPPTS Test Guideline 870.3100); a fish acute 
toxicity test, freshwater and marine (OPPTS Test Guideline 850.1075); 
an acute invertebrate toxicity test, freshwater daphnids (OCSPP 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. EPA also recommends that the guidance 
document on aquatic toxicity testing of difficult substances and 
mixtures (Organisation for Economic Co-operation and Development (OECD) 
Test Guideline 23) be followed to facilitate solubility in the test 
media.
    CFR citation: 40 CFR 721.10962.

PMN Number P-13-289

    Chemical name: Alkanoic acid, tetramethylheteromonocycle ester 
(generic).
    CAS number: Not available.
    Basis for action: The PMN states that the generic (non-
confidential) use of the substance is as an additive component to 
engine lubricants. Based on test data on the PMN substance, as well as 
SAR analysis of test data on analogous aliphatic amines and esters, 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 of the substance resulting in surface water 
concentrations exceeding 2 ppb may cause 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 (OCSPP Test Guideline 850.1400) and a 
daphnid chronic toxicity test (OCSPP Test Guideline 850.1300) would 
help characterize the environmental effects of the PMN substance.
    CFR citation: 40 CFR 721.10963.

[[Page 44082]]

PMN Number P-13-908

    Chemical name: Polyether polyester urethane phosphate (generic).
    CAS number: Not available.
    Basis for action: The PMN states that the generic (non-
confidential) use of the substance is as an additive. Based on SAR 
analysis of test data on analogous inorganic phosphates, EPA predicts 
toxicity to aquatic organisms may occur at concentrations that exceed 5 
ppb of the 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 
exceed releases from manufacturing, processing, and use levels 
described in the PMN. For the manufacturing, processing, and use 
operations 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. However, EPA has determined that, if 
in the future there is domestic manufacture, the use changes from that 
described in the PMN, or if the production volume increases 
substantially, the potential for release to the environment may change 
correspondingly and can 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 an 
algal toxicity test (OCSPP Test Guideline 850.4500), with the PMN 
substance substituted for the phosphate nutrient in the algal growth 
medium, would help characterize the environmental effects of the PMN 
substance.
    CFR citation: 40 CFR 721.10964.

PMN Number P-14-129

    Chemical name: Propanamide, 2-hydroxy-N,N-dimethyl-.
    CAS number: 35123-06-9.
    Basis for action: The PMN states that the generic (non-
confidential) use of the substance is as a solvent in pesticide 
formulations and solvent for fertilizers. Based on test data on the PMN 
substance, EPA identified concerns for solvent neurotoxicity, blood and 
liver toxicity, kidney effects, and developmental toxicity. For the 
uses described in the PMN, EPA does not expect significant dermal or 
inhalation occupational exposures, nor does it expect consumer 
exposures. 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 described in the PMN, any use of the PMN 
substance without the use of dermal protection, where there is a 
potential for dermal exposures; or any use of the PMN substance in 
consumer products may cause serious human 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 
dermal penetration test (OPPTS Test Guideline 870.7600) would help 
characterize the human health effects of the PMN substance.
    CFR citation: 40 CFR 721.10965.

PMN Number P-14-260

    Chemical name: 1-Propene, 2-bromo-3,3,3-trifluoro-.
    CAS number: 1514-82-5.
    Effective date of TSCA section 5(e) consent order: March 7, 2016.
    Basis for TSCA section 5(e) consent order: The PMN states that the 
PMN substance will be used as a fire extinguishing agent for: Portable 
extinguishers (onboard aviation and all nonresidential); niche systems 
(aircraft, normally unoccupied systems, self-contained automatic fire 
extinguishing systems); and streaming systems for aircraft rescue fire 
fighting vehicles. Based on test data on the PMN substance, EPA 
predicts reproductive effects to unprotected workers from repeated 
inhalation exposures. 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. Use of personal protective equipment including a NIOSH-certified 
respirator with an APF of at least 10 or compliance with a NCEL of 1.0 
parts per million (ppm) as an 8-hour time-weighted average, when there 
is a potential for inhalation exposures.
    2. Hazard communication. Establishment and use of a hazard 
communication program, including human health precautionary statements 
on each label and in the Safety Data Sheet (SDS).
    3. No domestic manufacture of the PMN substance.
    4. Processing (including filling of hand-held fire extinguishers or 
fire extinguishing systems) of the PMN substance in an enclosed 
process.
    5. Use only as either (1) total flooding agent in unoccupied 
spaces, specifically engine nacelles and auxiliary power units (APUs) 
in aircraft; or (2) streaming fire extinguishing agent for use only in 
handheld extinguishers in aircraft.
    The SNUR would designate as a ``significant new use'' the absence 
of these protective measures.
    Recommended testing: EPA has determined that inhalation monitoring 
data, collected according to the EPA draft Inhalation Monitoring Data 
Collection Guidelines (located in the docket under docket ID number 
EPA-HQ-OPPT-2016-0331 would help characterize the human health effects 
of the PMN substance. The Order's restrictions on manufacture, 
processing, distribution in commerce, and disposal will remain in 
effect until the Order is modified or revoked by EPA based on 
submission of this or other relevant information.
    CFR citation: 40 CFR 721.10966.

PMN Number P-14-759

    Chemical name: Pyrolysis oil product (generic).
    CAS number: Not available.
    Effective date of TSCA section 5(e) consent order: May 4, 2016.
    Basis for TSCA section 5(e) consent order: The PMN states that the 
generic (non-confidential) use of the substance is as an on-site 
coolant and petroleum feed-stock. Based on SAR analysis of test data on 
analogous benzene and alkyl benzenes, EPA identified concerns for 
oncogenicity, neurological effect, and blood toxicity to unprotected 
workers from repeated inhalation exposures. Further, based on SAR 
analysis of test data on analogous neutral organic chemicals, EPA 
predicts toxicity to aquatic organisms may occur at concentrations that 
exceed 20 ppb of the PMN substance in surface waters. 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 and the environment. To protect against these 
risks, the consent order requires:
    1. Use of personal protective equipment including impervious gloves 
(where there is a potential for dermal exposures) and a NIOSH-certified 
respirator with an APF of at least 10 (where there is a potential for 
dermal or inhalation exposures) or compliance with a NCEL of 0.5 ppm as 
an 8-hour time-weighted average.
    2. Manufacture, processing, or use of the PMN substance only for 
the use specified in the consent order.
    3. No use of the PMN substance resulting in releases to surface 
waters concentrations that exceed 20 ppb.

[[Page 44083]]

    The SNUR would designate as a ``significant new use'' the absence 
of these protective measures.
    Recommended testing: EPA has determined that the results of a 
developmental neurotoxicity test (OPPTS Test Guideline 870.6300) with a 
complete blood count and differential for white blood cells; inhalation 
monitoring data, collected according to the EPA draft Inhalation 
Monitoring Data Collection Guidelines (located in the docket under 
docket ID number EPA-HQ-OPPT-2016-0331; a fish acute toxicity test, 
freshwater and marine (OPPTS Test Guideline 850.1075); an acute 
invertebrate toxicity test, freshwater daphnids (OCSPP 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. The Order's restrictions on manufacture, processing, 
distribution in commerce, and disposal will remain in effect until the 
Order is modified or revoked by EPA based on submission of this or 
other relevant information.
    CFR citation: 40 CFR 721.10967.

PMN Number P-15-279

    Chemical name: 1-Octanamine, 7 (or 8)-(aminomethyl)-.
    CAS number: 1613320-81-2.
    Basis for action: The PMN states that the substance is used as a 
raw material for highly heat resistant plastic. Based on test data on 
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 123 parts per billion of the PMN 
substance in surface waters. As described in the PMN, releases of the 
substance during the use described in the PMN are not expected to 
result in surface water concentrations that exceed 123 ppb. Therefore, 
EPA has not determined that the proposed manufacturing, processing, or 
use of the substance for the use described in the PMN may present an 
unreasonable risk. EPA has determined, however, that any use of the 
substance resulting in surface water concentrations exceeding 123 ppb 
may cause 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 (OCSPP Test Guideline 850.1400) and a 
daphnid chronic toxicity test (OCSPP Test Guideline 850.1300) would 
help characterize the environmental effects of the PMN substance.
    CFR citation: 40 CFR 721.10968.

PMN Number P-15-409

    Chemical name: Substituted alkanolamine ether (generic).
    CAS number: Not available.
    Effective date of TSCA section 5(e) consent order: March 3, 2016.
    Basis for TSCA section 5(e) consent order: The PMN states that the 
substance will be used as a hydrogen sulfide scavenger. The Order was 
issued under TSCA sections 5(e)(1)(A)(i) and 5(e)(1)(A)(ii)(II) based 
on a finding that the substance 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 substance. Based on this finding, 
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 SDS, within 90 days.
    2. 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 would designate as a ``significant new use'' the absence 
of these 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.
    CFR citation: 40 CFR 721.10969.

PMN Number P-15-583

    Chemical name: Butanedioic acid, alkyl amine, dimethylbutyl ester 
(generic).
    CAS number: Not available.
    Effective date of TSCA section 5(e) consent order: February 8, 
2016.
    Basis for TSCA section 5(e) consent order: The PMN states that the 
substance will be used as an additive to engine motor oil. Based on 
physical-chemical properties data, EPA predicts that the PMN substance 
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 the PMN, as well as SAR analysis of analogous aliphatic 
amines, EPA predicts toxicity to aquatic organisms may occur at 
concentrations that exceed 1 ppb of the PMN substance 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 the 
substance may present an unreasonable risk of injury to the environment 
and human health, the substance 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 substance. 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 SDS, within 90 days.
    2. 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.
    3. No releases of the PMN substance into the waters of the United 
States.
    The SNUR would designate 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 fish 
early-life stage toxicity test (OCSPP Test Guideline 850.1400) and a 
daphnid chronic toxicity test (OCSPP Test Guideline 850.1300) would 
help characterize the environmental effects of the PMN substance. The 
Order's restrictions on manufacture, processing, distribution in 
commerce, and disposal will remain in effect until the Order is 
modified or revoked by EPA based on submission of this or other 
relevant information.
    CFR citation: 40 CFR 721.10970.

PMN Number P-15-672

    Chemical name: Carbon nanotube (generic).
    CAS number: Not available.
    Effective date of TSCA section 5(e) consent order: January 15, 
2016.

[[Page 44084]]

    Basis for TSCA section 5(e) consent order: The PMN states that the 
generic (non-confidential) use of the PMN substance will be in 
filtration media. Based on test data on analogous respirable, poorly 
soluble particulates and carbon nanotubes, EPA identified concerns for 
pulmonary toxicity and oncogenicity. Based on test data for other 
carbon nanotubes EPA identified concerns for environmental toxicity. 
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 and the environment. To 
protect against these risks, the consent order requires:
    1. Use of personal protective equipment involving impervious gloves 
and protective clothing (where there is a potential for dermal 
exposure) and a NIOSH-certified respirator with N-100, P-100, or R-100 
cartridges (where there is a potential for inhalation exposure).
    2. Processing and use of the PMN substance only for the use 
specified in the consent order.
    3. Processing and use of the PMN substance only as an aqueous 
slurry, wet form, or a contained dry form as described in the PMN.
    4. No use of the PMN substance resulting in releases to surface 
waters and disposal of the PMN substance only by landfill or 
incineration.
    The SNUR would designate as a ``significant new use'' the absence 
of these protective measures.
    Recommended testing: EPA has determined that a two-year inhalation 
bioassay (OPPTS 870.4200); a fish early-life stage toxicity test (OCSPP 
Test Guideline 850.1400); a daphnid chronic toxicity test (OCSPP Test 
Guideline 850.1300); and an algal toxicity test (OCSPP Test Guideline 
850.4500) would help characterize possible health and environmental 
effects of the substance. Although the Order does not require these 
tests, the Order's restrictions on manufacture, processing, 
distribution in commerce, and disposal will remain in effect until the 
Order is modified or revoked by EPA based on submission of this or 
other relevant information.
    CFR citation: 40 CFR 721.10971.

PMN Number P-15-678

    Chemical name: Metal salt of mineral acid, reaction products with 
alumina, aluminum hydroxide, aluminum hydroxide oxide (Al(OH)O), 
silica, titanium oxide (TiO2) and 3-(triethoxysilyl)-1-propanamine 
(generic).
    CAS number: Not available.
    Basis for action: The PMN states that the generic (non-
confidential) use of the substance is as an industrial paper additive. 
Based on SAR analysis of test data on analogous respirable, poorly 
soluble particulates, EPA identified concerns for lung toxicity if 
inhaled based on lung overload. As described in the PMN, inhalation is 
expected to be minimal 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 of the substance other than as identified in the PMN may result in 
serious health effects. Based on this information, the PMN 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) would help 
characterize the human health effects of the PMN substance.
    CFR citation: 40 CFR 721.10972.

PMN Numbers P-15-766 and P-15-767

    Chemical names: Halogenated bisphenol A, polymer with 
epichlorohydrin, alkenoate (generic) (P-15-766) and Halogenated 
bisphenol A, polymer with bisphenol A diglycidyl ether and epoxidized 
phenol-formaldehyde resin, alkenoate (generic) (P-15-767).
    CAS numbers: Not available.
    Basis for action: The PMNs state that the generic (non-
confidential) use of the substances will be as resins for flame 
retardant polyester. Based on test data on the confidential impurity of 
the PMN substance, EPA identified concerns for chronic toxicity effects 
to workers and the general population exposed to the PMN substances. 
Further, based on the confidential impurity, EPA predicts toxicity to 
aquatic organisms may occur at concentrations that exceed 20 ppb of the 
impurity in surface waters. As described in the PMNs, EPA does not 
expect significant occupational exposures, general population 
exposures, nor releases of the substance to result in surface water 
concentrations that exceed 20 ppb of the impurity in 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 consumer use, any use other than 
as described in the PMNs, or any increase in production volume over 
10,000 kg/yr may result in serious human health and significant adverse 
environmental effects. Based on this information, the PMN substances 
meet the concern criteria at Sec.  721.170(b)(5)(ii).
    Recommended testing: EPA has determined that the results of a 
combined repeated dose toxicity test (OECD Test Guideline 422) with the 
reproduction/developmental toxicity screening test; a fish early-life 
stage toxicity test (OCSPP Test Guideline 850.1400); a daphnid chronic 
toxicity test (OCSPP 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 721.10973 (P-15-766) and 40 CFR 721.10974 (P-
15-767).

PMN Number P-16-14

    Chemical name: Silicon, tris[dialkyl phenyl]-dialkyl-dioxoalkane-
naphthalene disulfonate (generic).
    CAS number: Not available.
    Basis for action: The PMN states that the generic (non-
confidential) use of the substance is as an ink additive. Based on test 
data on the PMN substance, as well as SAR analysis of test data on 
analogous diketones, EPA predicts toxicity to aquatic organisms may 
occur at concentrations that exceed 6 ppb of the PMN substance in 
surface waters. As described in the PMN, releases of the substance 
during the use described in the PMN are not expected to result in 
surface water concentrations that exceed 6 ppb. Therefore, EPA has not 
determined that the proposed manufacturing, processing, or use of the 
substance for the use described in the PMN may present an unreasonable 
risk. EPA has determined, however, that any use of the substance 
resulting in surface water concentrations exceeding 6 ppb may cause 
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 ready 
biodegradability test (OECD Test Guideline 301); a fish early-life 
state toxicity test (OCSPP Test Guideline 850.1400); and a daphnid 
chronic toxicity test (OCSPP Test Guideline 850.1300) would help 
characterize the environmental effects of the PMN substance.
    CFR citation: 40 CFR 721.10975.

PMN Number P-16-40

    Chemical name: Tar acids fraction (generic).
    CAS number: Not available.
    Basis for action: The PMN states that the generic (non-
confidential) use of the substance is as a polymer. Based on test data 
on the PMN substance, as well as SAR analysis of test data on analogous 
phenols, EPA predicts toxicity to

[[Page 44085]]

aquatic organisms may occur at concentrations that exceed 45 ppb of the 
PMN substance in surface waters. As described in the PMN, releases of 
the substance during the use described in the PMN are not expected to 
result in surface water concentrations that exceed 45 ppb. Therefore, 
EPA has not determined that the proposed manufacturing, processing, or 
use of the substance for the use described in the PMN may present an 
unreasonable risk. EPA has determined, however, that any use of the 
substance resulting in surface water concentrations exceeding 45 ppb 
may cause 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 state toxicity test (OCSPP Test Guideline 850.1400); a 
daphnid chronic toxicity test (OCSPP 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 721.10976.

PMN Numbers P-16-59 and P-16-60

    Chemical names: Dialkyl fattyalkylamino propanamide alkylamine 
(generic) (P-16-59) and Fattyalkylaminopropanoate ester (generic) (P-
16-60).
    CAS numbers: Not available.
    Basis for action: The PMNs state that the substances will be used 
as chemical intermediates. Based on data on the PMN substances, 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 substances in surface waters. As described in 
the PMNs, 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 substances resulting in surface water 
concentrations exceeding 1 ppb may cause significant adverse 
environmental effects. Based on this information, the PMN substances 
meets the concern criteria at Sec.  721.170(b)(4)(i).
    Recommended testing: EPA has determined that the results of a fish 
early-life stage toxicity test (OCSPP Test Guideline 850.1400); a 
daphnid chronic toxicity test (OCSPP Test Guideline 850.1300); and an 
algal toxicity test (OCSPP Test Guideline 850.4500) would help 
characterize the environmental effects of the PMN substances.
    CFR citations: 40 CFR 721.10977 (P-16-59) and 40 CFR 721.10978 (P-
16-60).

PMN Number P-16-70

    Chemical Name: Boron sodium oxide (B5NaO8), labeled with boron-10.
    CAS Number: 200443-98-7.
    Basis for Action: The PMN states that this substance is to be used 
as an emergency shutdown coolant in boiling water reactors. Based on 
test data for boron compounds, the EPA identified potential human 
health concerns regarding reproductive effects, developmental toxicity, 
neurotoxicity, and blood effects from exposure to the PMN substance via 
inhalation exposure. Further, based on SAR analysis of test data on 
boron compounds, EPA predicts toxicity to aquatic organisms may occur 
at concentrations that exceed 1,240 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, inhalation and dermal exposures are expected to 
be minimal and environmental releases did not exceed 1,240 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 serious human 
health and significant adverse environmental effects. Based on this 
information, the PMN substance meet the concern criteria at Sec.  
721.170(b)(3)(ii) and (b)(4)(ii).
    Recommended Testing: EPA has determined that the results of a 
reproductive/developmental toxicity screening test (OPPTS 870.3550/OECD 
Test Guideline 421); 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 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 721.10979.

PMN Number P-16-94

    Chemical name: Perfluoropolyether modified organosilane (generic).
    CAS number: Not available.
    Basis for action: The PMN states that the substance will be used as 
a stain-proof coating agent for touch panel. Based on physical-chemical 
properties data on the PMN substance, as well as SAR analysis of test 
data on analogous perfluorinated chemicals and potential perfluorinated 
degradation products, 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. EPA predicts 
adverse effects to human health and the environment may occur if 
releases of the PMN substance to surface water at production volumes 
higher than described in the PMN exceed the releases expected from the 
production volume described in the PMN. For the described production 
volume in the PMN, significant environmental releases are not expected.
    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 substantial combined production 
volume increase could result in exposures which may cause serious human 
health and significant adverse environmental effects. Based on this 
information, the PMN substance meets the concern criteria at Sec.  
721.170(b)(1)(i)(D), (b)(3)(iii), and (b)(4)(iv).
    Recommended testing: EPA has determined that the results of an 
indirect photolysis screening test: Sunlight photolysis in waters 
containing dissolved humic substances (OPPTS Test Guideline 835.5270), 
and simulation tests to assess the primary and ultimate 
biodegradability of chemicals discharged to wastewater (OPPTS Test 
Guideline 835.3280/OECD Test Guideline 314) would help characterize the 
environmental effects of the PMN substance.
    CFR citation: 40 CFR 721.10980.

PMN Number P-16-95

    Chemical name: Modified phenol-formaldehyde resin (generic).
    CAS number: Not available.
    Basis for action: The PMN states that the generic (non-
confidential) use of the substance is as a flame retardant

[[Page 44086]]

additive. Based on SAR analysis of test data on analogous neutral 
organics, EPA predicts toxicity to aquatic organisms may occur at 
concentrations that exceed 96 ppb of the PMN substance in surface 
waters. Further, based on the alcohol groups, EPA has concern for 
irritation to eyes, lungs, and mucous membranes. As described in the 
PMN, releases of the substance are not expected to result in surface 
water concentrations that exceed 96 ppb and exposures to workers and 
general population are minimal due to the use as a flame retardant 
additive. 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 use of the 
substance other than as stated in the PMN or any use of the substance 
resulting in surface water concentrations exceeding 96 ppb may result 
in serious human health and 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 an 
acute toxicity test (OPPTS Test Guideline 870.1000); a repeated dose 
28-day oral toxicity study (OPPTS Test Guideline 870.3050) in rodents; 
a bacterial reverse mutation test (OPPTS Test Guideline 870.5100); a 
mammalian erythrocyte micronucleus test (OPPTS Test Guideline 
870.5395); a fish early-life stage toxicity test (OCSPP Test Guideline 
850.1400); a daphnid chronic toxicity test (OCSPP 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 721.10981.

PMN Number P-16-101

    Chemical name: Disubstituted benzene alkanal (generic).
    CAS number: Not available.
    Basis for action: The PMN states that the generic (non-
confidential) use of the substance will be as a component for household 
products, including cleaning, fabric and air care. Based on SAR 
analysis of test data on analogous structurally similar substances, EPA 
identified concerns for developmental toxicity from dermal exposures of 
the PMN substance to workers and consumers. For the use described in 
the PMN, dermal exposures are not expected based on the use of 
impervious gloves, and consumer dermal exposures are expected to be 
minimal. 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 PMN 
substance without the use of dermal protection, where there is a 
potential for dermal exposures, or any use of the PMN substance other 
than for the use specified in the PMN may result in serious human 
health effects. Based on this information, the PMN substance meet the 
concern criteria at Sec.  721.170(b)(3)(ii).
    Recommended testing: EPA has determined that results of a 90-day 
oral toxicity test (OPPTS Test Guideline 870.3100) in rats via the 
gavage route, and a developmental toxicity test OPPTS Test Guideline 
870.3650) in rats via the gavage route would help characterize the 
effects of the PMN substance.
    CFR citation: 40 CFR 721.10982.

PMN Number P-16-102

    Chemical name: Phthalic anhydride, polymer with alkylene glycol and 
alkanepolyol, acrylate (generic).
    CAS number: Not available.
    Basis for action: The PMN states that the generic (non-
confidential) use of the substance is as a coating component. 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 during the use described in the PMN 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 for the use described in the PMN may present an 
unreasonable risk. EPA has determined, however, that any use of the 
substance resulting in surface water concentrations exceeding 1 ppb may 
cause 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 (OPPTS Test Guideline 830.7840, a fish acute toxicity 
test, freshwater and marine (OPPTS Test Guideline 850.1075); an acute 
invertebrate toxicity test, freshwater daphnids (OCSPP Test Guideline 
850.1010); and algal toxicity test (OCSPP Test Guideline 850.4500); 
would help characterize the environmental effects of the PMN substance.
    CFR citation: 40 CFR 721.10983.

PMN Number P-16-104

    Chemical name: 2-Pyridinecarboxylic acid, 4,5-dichloro-6-(4-chloro-
2-fluoro-3-methoxyphenyl)-.
    CAS number: 1546765-39-2.
    Basis for action: The PMN states that the generic (non-
confidential) use of the substance is as a feed stock for an 
intermediate. Based on SAR analysis of test data on analogous 
halopyridines, EPA predicts toxicity to aquatic organisms may occur at 
concentrations that exceed 8 ppb of the PMN substance in surface 
waters. Further, based on the acid moiety, EPA has concern for 
irritation to eyes, lungs, and mucous membranes. As described in the 
PMN, releases of the substance are not expected to result in surface 
water concentrations that exceed 8 ppb and exposures to workers and 
general population are minimal due to the use as an intermediate. 
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 use of the substance other than as an 
intermediate or any use of the substance resulting in surface water 
concentrations exceeding 8 ppb may result in serious human health and 
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 an 
acute toxicity test (OPPTS Test Guideline 870.1000); a repeated dose 
28-day oral toxicity study (OPPTS Test Guideline 870.3050) in rodents; 
a bacterial reverse mutation test (OPPTS Test Guideline 870.5100); a 
mammalian erythrocyte micronucleus test (OPPTS Test Guideline 
870.5395); a fish acute toxicity test, freshwater and marine (OPPTS 
Test Guideline 850.1075); an acute invertebrate toxicity test, 
freshwater daphnids (OCSPP 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 721.10984.

PMN Numbers P-16-136, P-16-139, and P-16-140

    Chemical names: Dialkylamino alkylamide inner salt (generic).
    CAS numbers: Not available.
    Basis for action: The PMNs state that the generic (non-
confidential) use of these substances is in oil production. Based on 
SAR analysis of test data on analogous aliphatic amines, EPA

[[Page 44087]]

predicts toxicity to aquatic organisms may occur at concentrations that 
exceed 1 ppb of the PMN substances in surface waters. As described in 
the PMNs, releases of these substances 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 
substances may present an unreasonable risk. EPA has determined, 
however, that any use of the substances resulting in surface water 
concentrations exceeding 1 ppb may cause significant adverse 
environmental effects. Based on this information, the PMN substances 
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 (OCSPP Test Guideline 850.1400); a mysid 
chronic toxicity test (OCSPP Test Guideline 850.1350); and an algal 
toxicity test (OCSPP Test Guideline 850.4500) would help characterize 
the environmental effects of the PMN substances. Testing should be 
conducted on PMN substance P-16-139.
    CFR citation: 40 CFR 721.10985.

PMN Number P-16-170

    Chemical name: Nanocarbon (generic).
    CAS number: Not available.
    Effective date of TSCA section 5(e) consent order: June 21, 2016.
    Basis for TSCA section 5(e) consent order: The PMN states that the 
substance will be used as an additive to composite materials. Based on 
test data on analogous respirable, poorly soluble particulates and 
nanocarbon materials, EPA identified concerns for pulmonary toxicity 
and oncogenicity. Based on test data for other nanocarbon materials EPA 
identified concerns for environmental toxicity. 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 and the environment. To protect against these risks, 
the consent order requires:
    1. Use of personal protective equipment involving impervious gloves 
and protective clothing (where there is a potential for dermal 
exposure) and a NIOSH-certified respirator with N-100, P-100, or R-100 
cartridges (where there is a potential for inhalation exposure).
    2. Submission of a dustiness test within six months of notice of 
commencement.
    3. Submission of a 90-day chronic inhalation study prior to 
exceeding the confidential production volume limit specified in the 
consent order.
    4. Processing and use of the PMN substance only for the use 
specified in the consent order including no application method that 
generates a vapor, mist or aerosol unless the application method occurs 
in an enclosed process.
    5. No use of the PMN substance resulting in releases to surface 
waters and disposal of the PMN substance only by landfill or 
incineration.
    The SNUR would designate as a ``significant new use'' the absence 
of these protective measures.
    Recommended testing: EPA has determined that the development of 
data on certain physical-chemical properties, as well as certain human 
health and environmental toxicity testing would help characterize 
possible effects of the substance. The submitter has agreed to provide 
a dustiness test (European Standard EU 15051) by six months from 
commencement of manufacture. In addition, the submitter has agreed not 
to exceed the confidential production limit without performing a 90-day 
inhalation toxicity test (OPPTS Test Guideline 870.3465 or OECD Test 
Guideline 413) in rats with a post-exposure observation period of up to 
9 months (including BALF analysis, a determination of cardiovascular 
toxicity (clinically-based blood/plasma protein analyses), and 
histopathology of the heart). Although the order does not require a 
two-year inhalation bioassay (OPPTS Test Guideline 870.4200), a daphnid 
chronic toxicity test (OPPTS Test Guideline 850.1300), a fish early-
life stage toxicity test (OCSPP Test Guideline 850.1400), or an algal 
toxicity test (OCSPP Test Guideline 850.4500), the Order's restrictions 
on manufacture, processing, distribution in commerce, and disposal will 
remain in effect until the Order is modified or revoked by EPA based on 
submission of this or other relevant information.
    CFR citation: 40 CFR 721.10986.

PMN Number P-16-177

    Chemical name: Barium molybdenum niobium tantalum tellurium 
vanadium zinc oxide.
    CAS number: 1440529-21-4.
    Basis for action: The PMN states that the generic (non-
confidential) use of the substance is as a glass coating. Based on SAR 
analysis of test data on the analogous respirable, poorly soluble 
particulates, EPA identified concerns for lung effects to workers 
exposed to the PMN substance. As described in the PMN, worker exposure 
will be minimal due to the use of adequate respiratory protection. 
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 use of the substance without a 
National Institute for Occupational Safety and Health (NIOSH)-certified 
respirators with an assigned protection factor (APF) of at least 10, 
where there is potential respiratory exposure, any use other than in 
the PMN, or domestic manufacture may result in serious 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 subchronic toxicity test (OPPTS Test Guideline 870.3465) via the 
inhalation route with a 60-day holding period would help characterize 
the human health effects of the PMN substance.
    CFR citation: 40 CFR 721.10987.

PMN Number P-16-179

    Chemical name: Alkanoic acids, esters with alkanetriol (generic).
    CAS number: Not available.
    Basis for action: The PMN states that the generic (non-
confidential) use of the substance is as a grease. 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 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 cause 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 (OCSPP Test Guideline 850.1400); a 
daphnid chronic toxicity test (OCSPP 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 721.10988.

PMN Number P-16-182

    Chemical names: Manganese, tris[.mu.-(2-
ethylhexanoato-.kappa.O:.kappa.O')]bis(octahydro-1,4,7-trimethyl-1H-
1,4,7-triazonine-.kappa.N1,.kappa.N4,.kappa.N7)di- (P-16-182, chemical 
A); Manganese, [.mu.-(acetato-.kappa.O:.kappa.O')]bis[.mu.-(2-
ethylhexanoato-

[[Page 44088]]

.kappa.O:.kappa.O')]bis(octahydro-1,4,7-trimethyl-1H-1,4,7-
triazonine-.kappa.N1,.kappa.N4,.kappa.N7)di- (P-16-182, chemical B); 
Manganese, bis[.mu.-(acetato-.kappa.O:.kappa.O')][.mu.-(2-
ethylhexanoato-.kappa.O:.kappa.O')]bis(octahydro-1,4,7-trimethyl-1H-
1,4,7-triazonine-.kappa.N1,.kappa.N4,.kappa.N7)di- (P-16-182, chemical 
C); and Manganese, tris[.mu.-
(acetato-.kappa.O:.kappa.O')]bis(octahydro-1,4,7-trimethyl-1H-1,4,7-
triazonine-.kappa.N1,.kappa.N4,.kappa.N7)di- (P-16-182, chemical D).
    CAS numbers: 2020407-62-7 (P-16-182, chemical A); 2020407-63-8 (P-
16-182, chemical B); 2020407-64-9 (P-16-182, chemical C); and 2020407-
65-0 (P-16-182, chemical D).
    Basis for action: The PMN states that the generic (non-
confidential) use of the substances will be as resins. Based on SAR 
analysis of test data on analogous compounds, EPA identified concerns 
for systemic effects to the thyroid and pituitary gland, liver 
toxicity, developmental and reproductive toxicity, and mutagenicity. 
There are also concerns for immunotoxicity, reproductive and 
developmental toxicity, neurotoxicity, blood effects, and kidney 
toxicity, and uncertain concerns for asthma and oncogenicity, based on 
manganese, and concerns for developmental toxicity for branched acid 
hydrolysis products, by analogy to valproic acid and other acids that 
are branched on the carbon adjacent to the acid group, all based on 
exposure to the PMN substances via inhalation or dermal exposure. As 
described in the PMN, exposure is expected to be minimal due to 
negligible inhalation exposures and use of adequate dermal personal 
protection equipment. 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 
domestic manufacture; any manufacture of the PMN substances at a 
concentration greater than 10% in any formulation; or any use of the 
PMN substances without the use of chemical impervious gloves, where 
there is a potential for dermal exposures may result in serious human 
health effects. Based on this information, the PMN substances meet the 
concern criteria at 40 CFR 721.170(b)(3)(ii).
    Recommended testing: EPA has determined that the results of a 
combined repeated dose toxicity reproduction/development toxicity 
screening test (OECD Test Guideline 422) would help characterize the 
human health effects of the PMN substances.
    CFR citations: 40 CFR 721.10989 (P-16-182, chemical A), 40 CFR 
721.10990 (P-16-182, chemical B), 40 CFR 721.10991 (P-16-182, chemical 
C), and 40 CFR 721.10992 (P-16-182, chemical D).

PMN Number P-16-190

    Chemical name: Aryl polyolefin (generic).
    CAS number: Not available.
    Basis for action: The PMN states that the generic (non-
confidential) use of the substance will be as a lubricant. Based on 
analogy to C10-13 alkyl derivatives of benzene, EPA identified concerns 
for reproductive and developmental toxicity to workers exposed to the 
PMN substance based on exposure to the PMN substance via dermal 
exposure. As described in the PMN, exposure is 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 use of the substance other than as described 
in the PMN, or any use without the use of dermal protection where there 
is a potential for dermal exposures may cause serious human health 
effects. Based on this information, the PMN substance meets the concern 
criteria at 40 CFR 721.170(b)(3)(ii).
    Recommended testing: EPA has determined that the results of a two-
generation reproduction toxicity test (OECD Test Guideline 416) would 
help characterize the human health effects of the PMN substance.
    CFR citation: 40 CFR 721.10993.

PMN Number P-16-260

    Chemical name: Melamine nitrate (generic).
    CAS number: Not available.
    Basis for action: The PMN states that the generic (non-
confidential) use of the substance is as a gas generant for automobile 
air bag inflators. Based on test data on the PMN substance, as well as 
SAR analysis of test data on analogous melamines, EPA predicts toxicity 
to aquatic organisms may occur at concentrations that exceed 14 ppb of 
the PMN substance in surface waters. As described in the PMN, releases 
of the substance during the use described in the PMN are not expected 
to result in surface water concentrations that exceed 14 ppb. 
Therefore, EPA has not determined that the proposed manufacturing, 
processing, or use of the substance for the use described in the PMN 
may present an unreasonable risk. EPA has determined, however, that any 
use of the substance resulting in surface water concentrations 
exceeding 14 ppb may cause 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 (OCSPP Test Guideline 850.1400) and a 
daphnid chronic toxicity test (OCSPP Test Guideline 850.1300) would 
help characterize the environmental effects of the PMN substance.
    CFR citation: 40 CFR 721.10994.

PMN Number P-16-272

    Chemical name: Lecithins, soya, hydrogenated.
    CAS number: 308068-11-3.
    Basis for action: The PMN states that the generic (non-
confidential) use of the substance is an ingredient in a formulated 
product. Based on SAR analysis of test data on analogous amphoteric 
surfactants, 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 during the 
use described in the PMN 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 
for the use described in the PMN may present an unreasonable risk. EPA 
has determined, however, that any use of the substance resulting in 
surface water concentrations exceeding 1 ppb may cause 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 (OCSPP Test Guideline 850.1010); an algal toxicity test (OCSPP 
Test Guideline 850.4500); a fish early-life stage toxicity test (OCSPP 
Test Guideline 850.1400); and a daphnid chronic toxicity test (OCSPP 
Test Guideline 850.1300) would help characterize the environmental 
effects of the PMN substance.
    CFR citation: 40 CFR 721.10995.

[[Page 44089]]

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 6 of the 37 
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.  14;721.160 (see Unit 
VI.).
    In the other 31 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.  14;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 either determine that the prospective 
manufacture or processing is not likely to present an unreasonable 
risk, or to take necessary regulatory action associated with any other 
determination, before the described significant new use of the chemical 
substance occurs.
     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.  14;721.160(c)(3) and Sec.  14;721.170(d)(4). In accordance with 
Sec.  14;721.160(c)(3)(ii) and Sec.  14;721.170(d)(4)(i)(B), the 
effective date of this rule is November 20, 2017 without further 
notice, unless EPA receives written adverse or critical comments, or 
notice of intent to submit adverse or critical comments before October 
23, 2017.
    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 October 23, 2017, 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 6 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 26 of the 37 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 June 1, 2017 which is the date of public 
release by posting on EPA's Web site, as the cutoff date for 
determining whether the new use is ongoing. This designation varies 
slightly from EPA's past practice of designating the date of Federal 
Register publication as the date for making this determination. The 
objective of EPA's approach has been to ensure that a person could not 
defeat a SNUR by initiating a significant new use before the effective 
date of the direct final rule. In developing this rule, EPA has 
recognized that, given EPA's practice of now posting rules on its Web 
site a week or more in advance of Federal Register publication, this 
objective could be thwarted even before that publication. Thus, EPA has 
slightly modified its approach in this rulemaking and plans to follow 
this modified approach in future significant new use rulemakings.
    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. Development and Submission of Information

    EPA recognizes that TSCA section 5 does not require developing any 
particular new information (e.g., generating test data) before 
submission of a SNUN. There is an exception: Development of test data 
is required where the chemical substance subject to the SNUR is also 
subject to a rule, order or consent agreement under TSCA section 4 (see 
TSCA section 5(b)(1)).
    In the absence of a TSCA section 4 test rule covering the chemical

[[Page 44090]]

substance, persons are required only to submit information in their 
possession or control and to describe any other information 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-TSCA 
section 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.
    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 at 
least 14 weeks (earlier TSCA section 5(e) consent orders required 
submissions at least 12 weeks) 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 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 Sec.  
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.  
14;721.1725(b)(1) with that under Sec.  14;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.  14;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-2016-0331.

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

[[Page 44091]]

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.
    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: April 5, 2017.
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,

[[Page 44092]]

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.

* * * * *

------------------------------------------------------------------------
                                                           OMB  control
                     40 CFR citation                            No.
------------------------------------------------------------------------
 
------------------------------------------------------------------------
                               * * * * *
Significant New Uses of Chemical Substances.............................
 
                                * * * * *
721.10961...............................................       2070-0012
721.10962...............................................       2070-0012
721.10963...............................................       2070-0012
721.10964...............................................       2070-0012
721.10965...............................................       2070-0012
721.10966...............................................       2070-0012
721.10967...............................................       2070-0012
721.10968...............................................       2070-0012
721.10969...............................................       2070-0012
721.10970...............................................       2070-0012
721.10971...............................................       2070-0012
721.10972...............................................       2070-0012
721.10973...............................................       2070-0012
721.10974...............................................       2070-0012
721.10975...............................................       2070-0012
721.10976...............................................       2070-0012
721.10977...............................................       2070-0012
721.10978...............................................       2070-0012
721.10979...............................................       2070-0012
721.10980...............................................       2070-0012
721.10981...............................................       2070-0012
721.10982...............................................       2070-0012
721.10983...............................................       2070-0012
721.10984...............................................       2070-0012
721.10985...............................................       2070-0012
721.10986...............................................       2070-0012
721.10987...............................................       2070-0012
721.10988...............................................       2070-0012
721.10989...............................................       2070-0012
721.10990...............................................       2070-0012
721.10991...............................................       2070-0012
721.10992...............................................       2070-0012
721.10993...............................................       2070-0012
721.10994...............................................       2070-0012
721.10995...............................................       2070-0012
 
                                * * * * *
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* * * * *

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.  721.10961 to subpart E to read as follows:


Sec.  721.10961  Ethylene glycol ester of an aromatic substituted 
propenoic acid (generic).

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified generically as 
ethylene glycol ester of an aromatic substituted propenoic acid (PMN P-
05-436) 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=10).
    (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 (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
 5. Add Sec.  721.10962 to subpart E to read as follows:


Sec.  721.10962  Phosphoric acid, metal salt (generic).

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified generically as 
phosphoric acid, metal salt (PMN P-10-504) 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 (s) (100,000 kilograms).
    (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 (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
 6. Add Sec.  721.10963 to subpart E to read as follows:


Sec.  721.10963  Alkanoic acid, tetramethylheteromonocycle ester 
(generic).

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified generically as 
alkanoic acid, tetramethylheteromonocycle ester (PMN P-13-289) 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) through (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
7. Add Sec.  721.10964 to subpart E to read as follows:


Sec.  721.10964  Polyether polyester urethane phosphate (generic).

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified generically as 
polyether polyester urethane phosphate (PMN P-13-908) 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), (j) and (s) (1,000 kilograms).
    (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 (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)(ii) of 
this section.


[[Page 44093]]



0
 8. Add Sec.  14;721.10965 to subpart E to read as follows:


Sec.  721.10965  Propanamide, 2-hydroxy-N,N-dimethyl-.

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified as propanamide, 2-
hydroxy-N,N-dimethyl- (PMN P-14-129, CAS No. 35123-06-9) 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) Protection in the workplace. Requirements as specified in Sec.  
721.63(a)(1), (a)(2)(i), (a)(3), and (b) (concentration set at 1.0 
percent).
    (ii) Industrial, commercial, and consumer activities. Requirements 
as specified in Sec.  721.80(j) and (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 (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
9. Add Sec.  14;721.10966 to subpart E to read as follows:


Sec.  721.10966  1-Propene, 2-bromo-3,3,3-trifluoro-.

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified as 1-propene, 2-bromo-
3,3,3-trifluoro- (PMN P-14-260, CAS No. 1514-82-5) 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 they have been charged 
into a fire extinguisher or fire extinguishing system.
    (2) The significant new uses are:
    (i) Protection in the workplace. (A) Requirements as specified in 
Sec.  721.63(a)(1), (a)(3), (a)(4), (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)(1) and (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 respirator with an Applied 
Protection Factor (APF) of at least 10 meet the requirements of Sec.  
721.63(a)(4):
    (1) NIOSH-certified air-purifying half mask respirator equipped 
with a gas/vapor (organic vapor) cartridge.
    (2) NIOSH-certified powered air-purifying respirator with a hood or 
helmet and with a gas/vapor (organic vapor) cartridge.
    (3) NIOSH-certified negative pressure (demand) supplied-air 
respirator with a half-mask.
    (4) NIOSH-certified continuous flow supplied-air respirator with a 
loose fitting facepiece, hood, or helmet.
    (5) NIOSH-certified negative pressure (demand) self-contained 
breathing apparatus (SCBA) with a half-mask.
    (B) As an alternative to the respirator requirements in paragraph 
(a)(2)(i) of this section, a manufacturer or processor may choose to 
follow the new chemical exposure limit (NCEL) provision listed in the 
TSCA section 5(e) consent order for this substance. The NCEL is 1.0 
parts per million (ppm) as an 8-hour time weighted average. Persons who 
wish to pursue NCELs as an alternative to Sec.  721.63 respirator 
requirements may request to do so under Sec.  721.30. Persons whose 
Sec.  721.30 requests to use the NCELs approach are approved by EPA 
will be required to follow NCELs provisions comparable to those 
contained in the corresponding TSCA section 5(e) consent order.
    (ii) Hazard communication program. Requirements as specified in 
Sec.  721.72(a) through (e) (concentration set at 1.0 percent), (f), 
(g)(1) (cardiac sensitization and reproductive effects), (g)(2)(i), 
(g)(2)(ii), (g)(2)(iv), (g)(2)(v), and (g)(5).
    (iii) Industrial, commercial, and consumer activities. Requirements 
as specified in Sec.  721.80(c), (f), and (k) (A significant new use is 
any use other than as either a total flooding agent in unoccupied 
spaces, specifically engine nacelles and auxiliary power units (APUs) 
in aircraft; or as a streaming fire extinguishing agent for use only in 
handheld extinguishers in aircraft).
    (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 (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
10. Add Sec.  14;721.10967 to subpart E to read as follows:


Sec.  721.10967  Pyrolysis oil product (generic).

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified generically as 
pyrolysis oil product (PMN P-14-759) 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. (A) Requirements as specified in 
Sec.  721.63(a)(1), (a)(3), (a)(4), (a)(6) (particulate and gas/vapor), 
(b) (concentration set at 0.1 percent), and (c). When determining which 
persons are reasonably likely to be exposed as required for Sec.  
721.63(a)(1) and (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 respirator with an Applied 
Protection Factor (APF) of at least 10 meet the requirements of Sec.  
721.63(a)(4):
    (1) NIOSH-certified air-purifying half mask respirator equipped 
with an organic vapor cartridge.
    (2) NIOSH-certified powered air-purifying respirator with a hood or 
helmet and with an organic vapor cartridge.
    (3) NIOSH-certified negative pressure (demand) supplied-air 
respirator with a half-mask.
    (4) NIOSH-certified continuous flow supplied-air respirator with a 
loose fitting facepiece, hood, or helmet.
    (5) NIOSH-certified negative pressure (demand) self-contained 
breathing apparatus (SCBA) with a half-mask.
    (B) As an alternative to the respirator requirements in paragraph 
(a)(2)(i) of this section, a manufacturer or processor may choose to 
follow the new chemical exposure limit (NCEL) provision listed in the 
TSCA section 5(e) consent order for this substance. The NCEL is 0.5 
parts per million (ppm) as an 8-hour time weighted average. Persons who 
wish to pursue NCELs as an alternative to Sec.  721.63 respirator 
requirements may request to do so under Sec.  721.30. Persons whose 
Sec.  721.30 requests to use the NCELs approach are approved by EPA 
will be required to follow NCELs provisions comparable to those

[[Page 44094]]

contained in the corresponding TSCA section 5(e) consent order.
    (ii) Industrial, commercial, and consumer activities. Requirements 
as specified in Sec.  721.80(k).
    (iii) Release to water. Requirements as specified in Sec.  
721.90(a)(4), (b)(4), and (c)(4) (N=20).
    (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.
    (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
 11. Add Sec.  14;721.10968 to subpart E to read as follows:


Sec.  721.10968  1-Octanamine, 7 (or 8)-(aminomethyl)-.

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified as 1-octanamine, 7 (or 
8)-(aminomethyl)- (PMN P-15-279, CAS No. 1613320-81-2) 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) Release to water. Requirements as specified in Sec.  
721.90(a)(4), (b)(4), and (c)(4) (N=123).
    (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 (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
12. Add Sec.  721.10969 to subpart E to read as follows:


Sec.  721.10969  Substituted alkanolamine ether (generic).

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified generically as 
substituted alkanolamine ether (PMN P-15-409) 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. 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 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 an 
SDS 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 an SDS 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 SDS 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(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 (c), (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
13. Add Sec.  721.10970 to subpart E to read as follows:


Sec.  721.10970  Butanedioic acid, alkyl amine, dimethylbutyl ester 
(generic).

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified generically as 
butanedioic acid, alkyl amine, dimethylbutyl ester (PMN P-15-583) 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 they have 
been added to engine oil.
    (i) Hazard communication program. 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 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 an 
SDS 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 an SDS 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 SDS 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(q).
    (iii) Release to water. Requirements as specified in Sec.  
721.90(a)(1), (b)(1), and (c)(1).
    (2) [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 (c), (h), (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.
    (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
 14. Add Sec.  721.10971 to subpart E to read as follows:

[[Page 44095]]

Sec.  721.10971  Carbon nanotube (generic).

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified generically as carbon 
nanotube (PMN P-15-672) 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), (a)(3), (a)(4), (a)(6) 
(particulate), and (c). When determining which persons are reasonably 
likely to be exposed as required for Sec.  721.63(a)(1) and (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. A National 
Institute for Occupational Safety and Health (NIOSH)-certified 
respirators with an N-100, P-100, or R-100 cartridge meet the 
requirements of Sec.  721.63(a)(4).
    (ii) Industrial, commercial, and consumer activities. Requirements 
as specified in Sec.  721.80. It is a significant new use to process or 
use the chemical substance other than as an aqueous slurry, wet form, 
or a contained dry form as described in the PMN.
    (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) and (i) through (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 paragraph (a)(2)(iii) 
of this section.

0
 15. Add Sec.  721.10972 to subpart E to read as follows:


Sec.  721.10972  Metal salt of mineral acid, reaction products with 
alumina, aluminum hydroxide, aluminum hydroxide oxide (Al(OH)O), 
silica, titanium oxide (TiO2) and 3-(triethoxysilyl)-1-propanamine 
(generic).

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified generically as metal 
salt of mineral acid, reaction products with alumina, aluminum 
hydroxide, aluminum hydroxide oxide (Al(OH)O), silica, titanium oxide 
(TiO2) and 3-(triethoxysilyl)-1-propanamine (PMN P-15-678) 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).
    (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 (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
16. Add Sec.  721.10973 to subpart E to read as follows:


Sec.  721.10973  Halogenated bisphenol A, polymer with epichlorohydrin, 
alkenoate (generic).

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified generically as 
halogenated bisphenol A, polymer with epichlorohydrin, alkenoate (PMN 
P-15-766) 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), (o) and (s) (10,000 kilograms).
    (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 (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
17. Add Sec.  721.10974 to subpart E to read as follows:


Sec.  721.10974  Halogenated bisphenol A, polymer with bisphenol A 
diglycidyl ether and epoxidized phenol-formaldehyde resin, alkenoate 
(generic).

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substances identified generically as 
halogenated bisphenol A, polymer with bisphenol A diglycidyl ether and 
epoxidized phenol-formaldehyde resin, alkenoate (PMN P-15-767) 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), (o) and (s) (10,000 kilograms).
    (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 (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
18. Add Sec.  721.10975 to subpart E to read as follows:


Sec.  721.10975  Silicon, tris[dialkyl phenyl]-dialkyl-dioxoalkane-
naphthalene disulfonate (generic).

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified generically as 
silicon, tris[dialkyl phenyl]-dialkyl-dioxoalkane-naphthalene 
disulfonate (PMN P-16-14) 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). The significant new use is use other 
than as described in PMN-16-14 where the surface water concentrations 
described in paragraph (a)(3)(i) are exceeded.
    (ii) [Reserved]
    (3) The significant new uses for any use other than as described in 
PMN-16-14:

[[Page 44096]]

    (i) Release to water. Requirements as specified in Sec.  
721.90(a)(4), (b)(4), and (c)(4) (N=6).
    (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 (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.
    (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
19. Add Sec.  721.10976 to subpart E to read as follows:


Sec.  721.10976  Tar acids fraction (generic).

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified generically as tar 
acids fraction (PMN P-16-40) 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=45).
    (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 (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
20. Add Sec.  721.10977 to subpart E to read as follows:


Sec.  721.10977  Dialkyl fattyalkylamino propanamide alkylamine 
(generic).

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified generically as dialkyl 
fattyalkylamino propanamide alkylamine (PMN P-16-59) 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) through (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
21. Add Sec.  721.10978 to subpart E to read as follows:


Sec.  721.10978  Fattyalkylaminopropanoate ester (generic).

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified generically as 
fattyalkylaminopropanoate ester (PMN P-16-60) 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) through (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.  721.10979 to subpart E to read as follows:


Sec.  721.10979  Boron sodium oxide (B5NaO8), labeled with boron-10.

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified as boron sodium oxide 
(B5NaO8), labeled with boron-10 (PMN P-16-70, CAS No. 200443-98-7) 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) Industrial, commercial, and consumer activities. Requirements 
as specified in Sec.  721.80. A significant new use is any use of the 
substance other than as an emergency shutdown coolant in boiler water 
reactors.
    (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 (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
 23. Add Sec.  721.10980 to subpart E to read as follows:


Sec.  721.10980  Perfluoropolyether modified organosilane (generic).

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified generically as 
perfluoropolyether modified organosilane (PMN P-16-94) 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(s) (500 kilograms).
    (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 (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
24. Add Sec.  721.10981 to subpart E to read as follows:


Sec.  721.10981  Modified phenol-formaldehyde resin (generic).

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified generically as 
modified phenol-formaldehyde resin (PMN P-16-95) 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).
    (ii) Release to water. Requirements as specified in Sec.  
721.90(a)(4), (b)(4), and (c)(4) (N=96).
    (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 (c), (i), and (k) are

[[Page 44097]]

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
25. Add Sec.  721.10982 to subpart E to read as follows:


Sec.  721.10982  Disubstituted benzene alkanal (generic).

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified generically as 
disubstituted benzene alkanal (PMN P-16-101) 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)(2)(i), (a)(3), (b) (concentration set at 1.0 percent), and 
(c).
    (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) 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
 26. Add Sec.  721.10983 to subpart E to read as follows:


Sec.  721.10983  Phthalic anhydride, polymer with alkylene glycol and 
alkanepolyol, acrylate (generic).

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified generically as 
phthalic anhydride, polymer with alkylene glycol and alkanepolyol, 
acrylate (PMN P-16-102) 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) through (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
 27. Add Sec.  721.10984 to subpart E to read as follows:


Sec.  721.10984   2-Pyridinecarboxylic acid, 4,5-dichloro-6-(4-chloro-
2-fluoro-3-methoxyphenyl)-.

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified as 2-
pyridinecarboxylic acid, 4,5-dichloro-6-(4-chloro-2-fluoro-3-
methoxyphenyl)- (PMN P-16-104, CAS No. 1546765-39-2) 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(g).
    (ii) Release to water. Requirements as specified in Sec.  
721.90(a)(4), (b)(4), and (c)(4) (N=8).
    (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 (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
 28. Add Sec.  721.10985 to subpart E to read as follows:


Sec.  721.10985  Dialkylamino alkylamide inner salt (generic).

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substances identified generically as 
dialkylamino alkylamide inner salt (PMNs P-16-136, P-16-139 and P-16-
140) 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) 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) through (c) 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
 29. Add Sec.  721.10986 to subpart E to read as follows:


Sec.  721.10986  Nanocarbon (generic).

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified generically as 
nanocarbon (PMN P-16-170) 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 when the PMN 
substance is incorporated into the composite material allowed by the 
section 5(e) consent order.
    (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), (a)(3), (a)(4), (a)(6) 
(particulate), and (c). When determining which persons are reasonably 
likely to be exposed as required for Sec.  721.63(a)(1) and (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. A National 
Institute for Occupational Safety and Health (NIOSH)-certified 
respirators with an N-100, P-100, or R-100 cartridge meet the 
requirements of Sec.  721.63(a)(4).
    (ii) Industrial, commercial, and consumer activities. Requirements 
as specified in Sec.  721.80(k) and (q). A significant new use is any 
use involving an application method that generates a vapor, mist or 
aerosol.
    (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) and (i) through (k) are applicable to 
manufacturers and processors of this substance.

[[Page 44098]]

    (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
 30. Add Sec.  721.10987 to subpart E to read as follows:


Sec.  721.10987  Barium molybdenum niobium tantalum tellurium vanadium 
zinc oxide.

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified as barium molybdenum 
niobium tantalum tellurium vanadium zinc oxide (PMN P-16-177, CAS No. 
1440529-21-4) 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) Protection in the workplace. Requirements as specified in Sec.  
721.63(a)(4), (a)(6)(i), (a)(6)(ii), (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) Industrial, commercial, and consumer activities. Requirements 
as specified in 721.80(f) and (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) 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.
    (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
 31. Add Sec.  721.10988 to subpart E to read as follows:


Sec.  721.10988  Alkanoic acids, esters with alkanetriol (generic).

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified generically as 
alkanoic acids, esters with alkanetriol (PMN P-16-179) 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) through (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
 32. Add Sec.  721.10989 to subpart E to read as follows:


Sec.  721.10989  Manganese, tris[.mu.-(2-
ethylhexanoato-.kappa.O:.kappa.O')]bis(octahydro-1,4,7-trimethyl-1H-
1,4,7-triazonine-.kappa.N1,.kappa.N4,.kappa.N7)di- (P-16-182, chemical 
A).

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified as manganese, 
tris[.mu.-(2-ethylhexanoato-.kappa.O:.kappa.O')]bis(octahydro-1,4,7-
trimethyl-1H-1,4,7-triazonine-.kappa.N1,.kappa.N4,.kappa.N7)di- (PMN P-
16-182, chemical A; CAS No. 2020407-62-7) 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)(3), and (b) (concentration set at 1.0 percent).
    (ii) Industrial, commercial, and consumer activities. Requirements 
as specified in Sec.  721.80(f) and (j) (a significant new use is any 
manufacture at a concentration of greater than 10% of the PMN substance 
in any formulation).
    (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
33. Add Sec.  721.10990 to subpart E to read as follows:


Sec.  721.10990  Manganese, [.mu.-
(acetato-.kappa.O:.kappa.O')]bis[.mu.-(2-
ethylhexanoato-.kappa.O:.kappa.O')]bis(octahydro-1,4,7-trimethyl-1H-
1,4,7-triazonine-.kappa.N1,.kappa.N4,.kappa.N7)di- (P-16-182, chemical 
B).

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified as manganese, [.mu.-
(acetato-.kappa.O:.kappa.O')]bis[.mu.-(2-
ethylhexanoato-.kappa.O:.kappa.O')]bis(octahydro-1,4,7-trimethyl-1H-
1,4,7-triazonine-.kappa.N1,.kappa.N4,.kappa.N7)di- (PMN P-16-182, 
chemical B; CAS No. 2020407-63-8) 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)(3), and (b) (concentration set at 1.0 percent).
    (ii) Industrial, commercial, and consumer activities. Requirements 
as specified in Sec.  721.80(f) and (j) (a significant new use is any 
manufacture at a concentration of greater than 10% of the PMN substance 
in any formulation).
    (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
 34. Add Sec.  721.10991 to subpart E to read as follows:


Sec.  721.10991  Manganese, bis[.mu.-
(acetato-.kappa.O:.kappa.O')][.mu.-(2-
ethylhexanoato-.kappa.O:.kappa.O')]bis(octahydro-1,4,7-trimethyl-1H-
1,4,7-triazonine-.kappa.N1,.kappa.N4,.kappa.N7)di- (P-16-182, chemical 
C).

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified as manganese, 
bis[.mu.-(acetato-.kappa.O:.kappa.O')][.mu.-(2-
ethylhexanoato-.kappa.O:.kappa.O')]bis(octahydro-1,4,7-trimethyl-1H-
1,4,7-triazonine-.kappa.N1,.kappa.N4,.kappa.N7)di- (PMN P-16-182, 
chemical C; CAS No. 2020407-64-9) is subject to reporting

[[Page 44099]]

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)(3), and (b) (concentration set at 1.0 percent).
    (ii) Industrial, commercial, and consumer activities. Requirements 
as specified in Sec.  721.80(f) and (j) (a significant new use is any 
manufacture at a concentration of greater than 10% of the PMN substance 
in any formulation).
    (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
35. Add Sec.  721.10992 to subpart E to read as follows:


Sec.  721.10992  Manganese, tris[.mu.-
(acetato-.kappa.O:.kappa.O')]bis(octahydro-1,4,7-trimethyl-1H-1,4,7-
triazonine-.kappa.N1,.kappa.N4,.kappa.N7)di- (P-16-182, chemical D).

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified as manganese, 
tris[.mu.-(acetato-.kappa.O:.kappa.O')]bis(octahydro-1,4,7-trimethyl-
1H-1,4,7-triazonine-.kappa.N1,.kappa.N4,.kappa.N7)di- (PMN P-16-182, 
chemical D; CAS No. 2020407-65-0) 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)(3), and (b) (concentration set at 1.0 percent).
    (ii) Industrial, commercial, and consumer activities. Requirements 
as specified in Sec.  721.80(f) and (j) (a significant new use is any 
manufacture at a concentration of greater than 10% of the PMN substance 
in any formulation).
    (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
36. Add Sec.  721.10993 to subpart E to read as follows:


Sec.  721.10993  Aryl polyolefin (generic).

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified generically as aryl 
polyolefin (PMN P-16-190) 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)(1), (a)(3), and (b) (concentration set at 1.0 percent).
    (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) 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.
    (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
37. Add Sec.  721.10994 to subpart E to read as follows:


Sec.  721.10994  Melamine nitrate (generic).

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified generically as 
melamine nitrate (PMN P-16-260) 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=14).
    (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 (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
38. Add Sec.  721.10995 to subpart E to read as follows:


Sec.  721.10995   Lecithins, soya, hydrogenated.

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified as lecithins, soya, 
hydrogenated (PMN P-16-272, CAS No. 308068-11-3) 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) 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) through (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.

[FR Doc. 2017-20158 Filed 9-20-17; 8:45 am]
 BILLING CODE 6560-50-P



                                                                   Federal Register / Vol. 82, No. 182 / Thursday, September 21, 2017 / Rules and Regulations                                        44079

                                                  Sector New Orleans (COTP) or                             review of the notice, made an                         SUPPLEMENTARY INFORMATION:
                                                  designated representative.                               appropriate determination on the notice,
                                                     (2) Vessels requiring entry into this                                                                       I. General Information
                                                                                                           and take such actions as are required
                                                  safety zone must request permission                      with that determination.                              A. Does this action apply to me?
                                                  from the COTP or a designated                            DATES: This rule is effective on
                                                  representative. They may be contacted                                                                             You may be potentially affected by
                                                                                                           November 20, 2017. For purposes of
                                                  on VHF–FM Channel 16 or 67.                                                                                    this action if you manufacture, process,
                                                                                                           judicial review, this rule shall be
                                                     (3) Persons and vessels permitted to                                                                        or use the chemical substances
                                                                                                           promulgated at 1 p.m. (e.s.t.) on October
                                                  enter this safety zone must transit at                                                                         contained in this rule. The following list
                                                                                                           5, 2017.
                                                  their slowest safe speed and comply                         Written adverse or critical comments,              of North American Industrial
                                                  with all lawful directions issued by the                 or notice of intent to submit adverse or              Classification System (NAICS) codes is
                                                  COTP or the designated representative.                   critical comments, on one or more of                  not intended to be exhaustive, but rather
                                                     (e) Information broadcasts. The COTP                  these SNURs must be received on or                    provides a guide to help readers
                                                  or a designated representative will                      before October 23, 2017 (see Unit VI. of              determine whether this document
                                                  inform the public through Broadcast                      the SUPPLEMENTARY INFORMATION). If EPA                applies to them. Potentially affected
                                                  Notices to Mariners of any changes in                    receives written adverse or critical                  entities may include:
                                                  the planned schedule.                                    comments, or notice of intent to submit                  • Manufacturers or processors of one
                                                    Dated: September 15, 2017.                             adverse or critical comments, on one or               or more subject chemical substances
                                                  Wayne R. Arguin,                                         more of these SNURs before October 23,                (NAICS codes 325 and 324110), e.g.,
                                                  Captain, U.S. Coast Guard, Captain of the                2017, EPA will withdraw the relevant                  chemical manufacturing and petroleum
                                                  Port New Orleans.                                        sections of this direct final rule before             refineries.
                                                  [FR Doc. 2017–20109 Filed 9–20–17; 8:45 am]              its effective date.                                      This action may also affect certain
                                                  BILLING CODE 9110–04–P
                                                                                                              For additional information on related              entities through pre-existing import
                                                                                                           reporting requirement dates, see Units                certification and export notification
                                                                                                           I.A., VI., and VII. of the SUPPLEMENTARY              rules under TSCA. Chemical importers
                                                                                                           INFORMATION.                                          are subject to the TSCA section 13 (15
                                                  ENVIRONMENTAL PROTECTION
                                                  AGENCY                                                   ADDRESSES: Submit your comments,                      U.S.C. 2612) import certification
                                                                                                           identified by docket identification (ID)              requirements promulgated at 19 CFR
                                                  40 CFR Parts 9 and 721                                   number EPA–HQ–OPPT–2016–0331, by                      12.118 through 12.127 and 19 CFR
                                                                                                           one of the following methods:                         127.28. Chemical importers must certify
                                                  [EPA–HQ–OPPT–2016–0331; FRL–9959–81]                        • Federal eRulemaking Portal: http://              that the shipment of the chemical
                                                  RIN 2070–AB27                                            www.regulations.gov. Follow the online                substance complies with all applicable
                                                                                                           instructions for submitting comments.                 rules and orders under TSCA. Importers
                                                  Significant New Use Rules on Certain                     Do not submit electronically any                      of chemicals subject to these SNURs
                                                  Chemical Substances                                      information you consider to be                        must certify their compliance with the
                                                  AGENCY: Environmental Protection                         Confidential Business Information (CBI)               SNUR requirements. The EPA policy in
                                                  Agency (EPA).                                            or other information whose disclosure is              support of import certification appears
                                                                                                           restricted by statute.                                at 40 CFR part 707, subpart B. In
                                                  ACTION: Direct final rule.
                                                                                                              • Mail: Document Control Office                    addition, any persons who export or
                                                  SUMMARY:    EPA is promulgating                          (7407M), Office of Pollution Prevention               intend to export a chemical substance
                                                  significant new use rules (SNURs) under                  and Toxics (OPPT), Environmental                      that is the subject of this rule on or after
                                                  the Toxic Substances Control Act                         Protection Agency, 1200 Pennsylvania                  October 23, 2017 are subject to the
                                                  (TSCA) for 37 chemical substances                        Ave. NW., Washington, DC 20460–0001.                  export notification provisions of TSCA
                                                  which were the subject of                                   • Hand Delivery: To make special                   section 12(b) (15 U.S.C. 2611(b)) (see
                                                  premanufacture notices (PMNs). The                       arrangements for hand delivery or                     § 721.20), and must comply with the
                                                  applicable review periods for the PMNs                   delivery of boxed information, please                 export notification requirements in 40
                                                  submitted for these 37 chemical                          follow the instructions at http://                    CFR part 707, subpart D.
                                                  substances all ended prior to June 22,                   www.epa.gov/dockets/contacts.html.
                                                                                                           Additional instructions on commenting                 B. What should I consider as I prepare
                                                  2016 (i.e., the date on which President                                                                        my comments for EPA?
                                                  Obama signed into law the Frank R.                       or visiting the docket, along with more
                                                  Lautenberg Chemical Safety for the 21st                  information about dockets generally, is                  1. Submitting CBI. Do not submit this
                                                  Century Act which amends TSCA). Six                      available at http://www.epa.gov/                      information to EPA through
                                                  of these chemical substances are subject                 dockets.                                              regulations.gov or email. Clearly mark
                                                  to TSCA section 5(e) consent orders                      FOR FURTHER INFORMATION CONTACT: For                  the part or all of the information that
                                                  issued by EPA. This action requires                      technical information contact: Kenneth                you claim to be CBI. For CBI
                                                  persons who intend to manufacture                        Moss, Chemical Control Division                       information in a disk or CD–ROM that
                                                  (defined by statute to include import) or                (7405M), Office of Pollution Prevention               you mail to EPA, mark the outside of the
                                                  process any of these 37 chemical                         and Toxics, Environmental Protection                  disk or CD–ROM as CBI and then
                                                  substances for an activity that is                       Agency, 1200 Pennsylvania Ave. NW.                    identify electronically within the disk or
                                                  designated as a significant new use by                   Washington, DC 20460–0001; telephone                  CD–ROM the specific information that
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                                                  this rule to notify EPA at least 90 days                 number: (202) 564–9232; email address:                is claimed as CBI. In addition to one
                                                  before commencing that activity. The                     moss.kenneth @epa.gov.                                complete version of the comment that
                                                  required notification initiates EPA’s                       For general information contact: The               includes information claimed as CBI, a
                                                  evaluation of the intended use within                    TSCA–Hotline, ABVI–Goodwill, 422                      copy of the comment that does not
                                                  the applicable review period.                            South Clinton Ave. Rochester, NY                      contain the information claimed as CBI
                                                  Manufacture and processing for the                       14620; telephone number: (202) 554–                   must be submitted for inclusion in the
                                                  significant new use is unable to                         1404; email address: TSCA-Hotline@                    public docket. Information so marked
                                                  commence until EPA has conducted a                       epa.gov.                                              will not be disclosed except in


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                                                  44080            Federal Register / Vol. 82, No. 182 / Thursday, September 21, 2017 / Rules and Regulations

                                                  accordance with procedures set forth in                  the rule, recordkeeping requirements,                 IV. Substances Subject to This Rule
                                                  40 CFR part 2.                                           exemptions to reporting requirements,                    EPA is establishing significant new
                                                    2. Tips for preparing your comments.                   and applicability of the rule to uses                 use and recordkeeping requirements for
                                                  When preparing and submitting your                       occurring before the effective date of the            37 chemical substances in 40 CFR part
                                                  comments, see the commenting tips at                     rule. Provisions relating to user fees                721, subpart E. In this unit, EPA
                                                  http://www.epa.gov/dockets/                              appear at 40 CFR part 700. According to               provides the following information for
                                                  comments.html.                                           § 721.1(c), persons subject to these                  each chemical substance:
                                                                                                           SNURs must comply with the same                          • PMN number.
                                                  II. Background
                                                                                                           SNUN requirements and EPA regulatory                     • Chemical name (generic name, if
                                                  A. What action is the agency taking?                     procedures as submitters of PMNs under                the specific name is claimed as CBI).
                                                     EPA is promulgating these SNURs                       TSCA section 5(a)(1)(A). In particular,                  • Chemical Abstracts Service (CAS)
                                                  using direct final procedures. These                     these requirements include the                        Registry number (if assigned for non-
                                                  SNURs will require persons to notify                     information submission requirements of                confidential chemical identities).
                                                  EPA at least 90 days before commencing                   TSCA section 5(b) and 5(d)(1), the                       • Basis for the TSCA section 5(e)
                                                  the manufacture or processing of a                       exemptions authorized by TSCA section                 consent order or, for non-TSCA section
                                                  chemical substance for any activity                      5(h)(1), (h)(2), (h)(3), and (h)(5), and the          5(e) SNURs, the basis for the SNUR (i.e.,
                                                  designated by these SNURs as a                           regulations at 40 CFR part 720. Once                  SNURs without TSCA section 5(e)
                                                  significant new use. Receipt of such                     EPA receives a SNUN, EPA must either                  consent orders).
                                                  notices allows EPA to assess risks that                  determine that the significant new use                   • Tests recommended by EPA to
                                                  may be presented by the intended uses                    is not likely to present an unreasonable              provide sufficient information to
                                                  and, if appropriate, to regulate the                     risk of injury or take such regulatory                evaluate the chemical substance (see
                                                  proposed use before it occurs.                           action as is associated with an                       Unit VIII. for more information).
                                                  Additional rationale and background to                   alternative determination before the                     • CFR citation assigned in the
                                                  these rules are more fully set out in the                manufacture or processing for the                     regulatory text section of this rule.
                                                  preamble to EPA’s first direct final                     significant new use can commence. If                     The regulatory text section of this rule
                                                  SNUR published in the Federal Register                   EPA determines that the significant new               specifies the activities designated as
                                                  issue of April 24, 1990 (55 FR 17376).                   use is not likely to present an                       significant new uses. Certain new uses,
                                                  Consult that preamble for further                        unreasonable risk, EPA is required                    including production volume limits
                                                  information on the objectives, rationale,                under TSCA section 5(g) to make public,               (i.e., limits on manufacture volume) and
                                                  and procedures for SNURs and on the                      and submit for publication in the                     other uses designated in this rule, may
                                                  basis for significant new use                            Federal Register, a statement of EPA’s                be claimed as CBI. Unit IX. discusses a
                                                  designations, including provisions for                   findings.                                             procedure companies may use to
                                                  developing test data.                                    III. Significant New Use Determination                ascertain whether a proposed use
                                                                                                                                                                 constitutes a significant new use.
                                                  B. What is the agency’s authority for                       Section 5(a)(2) of TSCA states that                   This rule includes 6 PMN substances
                                                  taking this action?                                      EPA’s determination that a use of a                   that are subject to ‘‘risk-based’’ consent
                                                     Section 5(a)(2) of TSCA (15 U.S.C.                    chemical substance is a significant new               orders under TSCA section
                                                  2604(a)(2)) authorizes EPA to determine                  use must be made after consideration of               5(e)(1)(A)(ii)(I) where EPA determined
                                                  that a use of a chemical substance is a                  all relevant factors, including:                      that activities associated with the PMN
                                                  ‘‘significant new use.’’ EPA must make                      • The projected volume of                          substances may present unreasonable
                                                  this determination by rule after                         manufacturing and processing of a                     risk to human health or the
                                                  considering all relevant factors,                        chemical substance.                                   environment. Those consent orders
                                                  including the four bulleted TSCA                            • The extent to which a use changes                require protective measures to limit
                                                  section 5(a)(2) factors listed in Unit III.              the type or form of exposure of human                 exposures or otherwise mitigate the
                                                  Once EPA determines that a use of a                      beings or the environment to a chemical               potential unreasonable risk. The so-
                                                  chemical substance is a significant new                  substance.                                            called ‘‘TSCA section 5(e) SNURs’’ on
                                                  use, TSCA section 5(a)(1)(B) requires                       • The extent to which a use increases              these PMN substances are promulgated
                                                  persons to submit a significant new use                  the magnitude and duration of exposure                pursuant to § 721.160, and are based on
                                                  notice (SNUN) to EPA at least 90 days                    of human beings or the environment to                 and consistent with the provisions in
                                                  before they manufacture or process the                   a chemical substance.                                 the underlying consent orders. The
                                                  chemical substance for that use (15                         • The reasonably anticipated manner                TSCA section 5(e) SNURs designate as
                                                  U.S.C. 2604(a)(1)(B)(i)). TSCA                           and methods of manufacturing,                         a ‘‘significant new use’’ the absence of
                                                  furthermore prohibits such                               processing, distribution in commerce,                 the protective measures required in the
                                                  manufacturing or processing from                         and disposal of a chemical substance.                 corresponding consent orders.
                                                  commencing until EPA has conducted a                        In addition to these factors                          Where EPA determined that the PMN
                                                  review of the notice, made an                            enumerated in TSCA section 5(a)(2), the               substance may present an unreasonable
                                                  appropriate determination on the notice,                 statute authorized EPA to consider any                risk of injury to human health via
                                                  and taken such actions as are required                   other relevant factors.                               inhalation exposure, the underlying
                                                  in association with that determination                      To determine what would constitute a               TSCA section 5(e) consent order usually
                                                  (15 U.S.C. 2604(a)(1)(B)(ii)). As                        significant new use for the 37 chemical               requires, among other things, that
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                                                  described in Unit V., the general SNUR                   substances that are the subject of these              potentially exposed employees wear
                                                  provisions are found at 40 CFR part 721,                 SNURs, EPA considered relevant                        specified respirators unless actual
                                                  subpart A.                                               information about the toxicity of the                 measurements of the workplace air
                                                                                                           chemical substances, likely human                     show that air-borne concentrations of
                                                  C. Applicability of General Provisions                   exposures and environmental releases                  the PMN substance are below a New
                                                    General provisions for SNURs appear                    associated with possible uses, and the                Chemical Exposure Limit (NCEL) that is
                                                  in 40 CFR part 721, subpart A. These                     four bulleted TSCA section 5(a)(2)                    established by EPA to provide adequate
                                                  provisions describe persons subject to                   factors listed in this unit.                          protection to human health. In addition


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                                                                   Federal Register / Vol. 82, No. 182 / Thursday, September 21, 2017 / Rules and Regulations                                       44081

                                                  to the actual NCEL concentration, the                       Basis for action: The PMN states that              exposure potential, which may cause
                                                  comprehensive NCELs provisions in                        the generic (non-confidential) use of the             significant adverse health and
                                                  TSCA section 5(e) consent orders,                        substance will be as a modifier for                   environmental effects. Based on this
                                                  which are modeled after Occupational                     polyester polymer. Based on structure                 information, the PMN substance meets
                                                  Safety and Health Administration                         activity relationship (SAR) analysis of               the concern criteria at § 721.170(b)(3)(ii)
                                                  (OSHA) Permissible Exposure Limits                       test data on structurally similar                     and (b)(4)(ii).
                                                  (PELs) provisions, include requirements                  substances, EPA predicts toxicity to                     Recommended testing: EPA has
                                                  addressing performance criteria for                      aquatic organisms at concentrations that              determined that the results of a 90-day
                                                  sampling and analytical methods,                         exceed 10 parts per billion (ppb) of the              oral toxicity test (OPPTS Test Guideline
                                                  periodic monitoring, respiratory                         PMN substance in surface waters. As                   870.3100); a fish acute toxicity test,
                                                  protection, and recordkeeping.                           described in the PMN, releases to                     freshwater and marine (OPPTS Test
                                                  However, no comparable NCEL                              surface waters of the PMN substance are               Guideline 850.1075); an acute
                                                  provisions currently exist in 40 CFR                     not expected to exceed 10 ppb.                        invertebrate toxicity test, freshwater
                                                  part 721, subpart B, for SNURs.                          Therefore, EPA has not determined that                daphnids (OCSPP Test Guideline
                                                  Therefore, for these cases, the                          the proposed manufacturing,                           850.1010); and an algal toxicity test
                                                  individual SNURs in 40 CFR part 721,                     processing, or use of the substance may               (OCSPP Test Guideline 850.4500) would
                                                  subpart E, will state that persons subject               present an unreasonable risk. EPA has                 help characterize the human health and
                                                  to the SNUR who wish to pursue NCELs                     determined, however, that any use of                  environmental effects of the PMN
                                                  as an alternative to the § 721.63                        the substance resulting in surface water              substance. EPA also recommends that
                                                  respirator requirements may request to                   concentrations exceeding 10 ppb may                   the guidance document on aquatic
                                                  do so under § 721.30. EPA expects that                   cause significant adverse environmental               toxicity testing of difficult substances
                                                  persons whose § 721.30 requests to use                   effects. Based on this information, the               and mixtures (Organisation for
                                                  the NCELs approach for SNURs are                         PMN substance meets the concern                       Economic Co-operation and
                                                  approved by EPA will be required to                      criteria at § 721.170(b)(4)(ii).                      Development (OECD) Test Guideline 23)
                                                  comply with NCELs provisions that are                       Recommended testing: EPA has                       be followed to facilitate solubility in the
                                                  comparable to those contained in the                     determined that the results of a fish                 test media.
                                                  corresponding TSCA section 5(e)                          acute toxicity test, freshwater and                      CFR citation: 40 CFR 721.10962.
                                                  consent order for the same chemical                      marine (Office of Pollution Prevention
                                                  substance.                                               and Toxics (OPPTS) Test Guideline                     PMN Number P–13–289
                                                     This rule also includes SNURs on 31                   850.1075); an acute invertebrate toxicity                Chemical name: Alkanoic acid,
                                                  PMN substances that are not subject to                   test, freshwater daphnids (Office of                  tetramethylheteromonocycle ester
                                                  consent orders under TSCA section 5(e).                  Chemical Safety and Pollution                         (generic).
                                                  These cases completed Agency review                      Prevention (OCSPP) Test Guideline                        CAS number: Not available.
                                                  prior to June 22, 2016. Under TSCA,                      850.1010); and an algal toxicity test
                                                                                                                                                                    Basis for action: The PMN states that
                                                  prior to the enactment of the Frank R.                   (OCSPP Test Guideline 850.4500) would
                                                                                                                                                                 the generic (non-confidential) use of the
                                                  Lautenberg Chemical Safety for the 21st                  help characterize the environmental
                                                                                                                                                                 substance is as an additive component
                                                  Century Act on June 22, 2016, EPA did                    effects of the PMN substance.
                                                  not find that the use scenario described                    CFR citation: 40 CFR 721.10961.                    to engine lubricants. Based on test data
                                                  in the PMN triggered the determinations                                                                        on the PMN substance, as well as SAR
                                                                                                           PMN Number P–10–504                                   analysis of test data on analogous
                                                  set forth under TSCA section 5(e).
                                                  However, EPA does believe that certain                     Chemical name: Phosphoric acid,                     aliphatic amines and esters, EPA
                                                  changes from the use scenario described                  metal salt (generic).                                 predicts toxicity to aquatic organisms
                                                  in the PMN could result in increased                       CAS number: Not available.                          may occur at concentrations that exceed
                                                  exposures, thereby constituting a                          Basis for action: The PMN states that               2 ppb of the PMN substance in surface
                                                  ‘‘significant new use.’’ These so-called                 the substance will be used as a flame                 waters. As described in the PMN,
                                                  ‘‘non-TSCA section 5(e) SNURs’’ are                      retardant for textiles. Based on SAR                  releases of the substance are not
                                                  promulgated pursuant to § 721.170. EPA                   analysis of test data on analogous                    expected to result in surface water
                                                  has determined that every activity                       substances, EPA identified eye and                    concentrations that exceed 2 ppb.
                                                  designated as a ‘‘significant new use’’ in               dermal irritation as well as                          Therefore, EPA has not determined that
                                                  all non-TSCA section-5(e) SNURs issued                   immunotoxicity concerns to workers                    the proposed manufacturing,
                                                  under § 721.170 satisfies the two                        from exposure to the PMN substance via                processing, or use of the substance may
                                                  requirements stipulated in                               the inhalation route. Additionally,                   present an unreasonable risk. EPA has
                                                  § 721.170(c)(2), i.e., these significant                 based on SAR analysis of test data on                 determined, however, that any use of
                                                  new use activities, ‘‘(i) are different from             analogous inorganic phosphates, EPA                   the substance resulting in surface water
                                                  those described in the premanufacture                    predicts toxicity to aquatic organisms                concentrations exceeding 2 ppb may
                                                  notice for the substance, including any                  may occur at concentrations that exceed               cause significant adverse environmental
                                                  amendments, deletions, and additions                     5 ppb of the PMN substance in surface                 effects. Based on this information, the
                                                  of activities to the premanufacture                      waters. For the use described in the                  PMN substance meets the concern
                                                  notice, and (ii) may be accompanied by                   PMN, significant releases of the                      criteria at § 721.170(b)(4)(i) and
                                                  changes in exposure or release levels                    substance are not expected, and worker                (b)(4)(ii).
                                                  that are significant in relation to the                  dermal and inhalation will be minimal.                   Recommended testing: EPA has
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                                                  health or environmental concerns                         Therefore, EPA has not determined that                determined that the results of a fish
                                                  identified’’ for the PMN substance.                      the proposed manufacturing,                           early-life stage toxicity test (OCSPP Test
                                                                                                           processing, or use of the substance may               Guideline 850.1400) and a daphnid
                                                  PMN Number P–05–436                                      present an unreasonable risk. EPA has                 chronic toxicity test (OCSPP Test
                                                    Chemical name: Ethylene glycol ester                   determined, however, that substantial                 Guideline 850.1300) would help
                                                  of an aromatic substituted propenoic                     production volume increases, or use of                characterize the environmental effects of
                                                  acid (generic).                                          the PMN substance other than as                       the PMN substance.
                                                    CAS number: Not available.                             described in the PMN, could change                       CFR citation: 40 CFR 721.10963.


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                                                  44082            Federal Register / Vol. 82, No. 182 / Thursday, September 21, 2017 / Rules and Regulations

                                                  PMN Number P–13–908                                      EPA has not determined that the                       engine nacelles and auxiliary power
                                                     Chemical name: Polyether polyester                    proposed manufacturing, processing, or                units (APUs) in aircraft; or (2) streaming
                                                  urethane phosphate (generic).                            use of the substance may present an                   fire extinguishing agent for use only in
                                                     CAS number: Not available.                            unreasonable risk. EPA has determined,                handheld extinguishers in aircraft.
                                                     Basis for action: The PMN states that                 however that any use of the substance                    The SNUR would designate as a
                                                  the generic (non-confidential) use of the                other than as described in the PMN, any               ‘‘significant new use’’ the absence of
                                                  substance is as an additive. Based on                    use of the PMN substance without the                  these protective measures.
                                                  SAR analysis of test data on analogous                   use of dermal protection, where there is                 Recommended testing: EPA has
                                                  inorganic phosphates, EPA predicts                       a potential for dermal exposures; or any              determined that inhalation monitoring
                                                  toxicity to aquatic organisms may occur                  use of the PMN substance in consumer                  data, collected according to the EPA
                                                  at concentrations that exceed 5 ppb of                   products may cause serious human                      draft Inhalation Monitoring Data
                                                  the substance in surface waters for                      health effects. Based on this                         Collection Guidelines (located in the
                                                  greater than 20 days per year. This 20-                  information, the PMN substance meets                  docket under docket ID number EPA–
                                                  day criterion is derived from partial life               the concern criteria at § 721.170(b)(3)(i).           HQ–OPPT–2016–0331 would help
                                                  cycle tests (daphnid chronic and fish                      Recommended testing: EPA has                        characterize the human health effects of
                                                  early life stage tests) that typically range             determined that the results of a dermal               the PMN substance. The Order’s
                                                  from 21 to 28 days in duration. EPA                      penetration test (OPPTS Test Guideline                restrictions on manufacture, processing,
                                                  predicts toxicity to aquatic organisms                   870.7600) would help characterize the                 distribution in commerce, and disposal
                                                  may occur if releases of the substance to                human health effects of the PMN                       will remain in effect until the Order is
                                                  surface water exceed releases from                       substance.                                            modified or revoked by EPA based on
                                                                                                             CFR citation: 40 CFR 721.10965.                     submission of this or other relevant
                                                  manufacturing, processing, and use
                                                  levels described in the PMN. For the                     PMN Number P–14–260                                   information.
                                                  manufacturing, processing, and use                                                                                CFR citation: 40 CFR 721.10966.
                                                                                                              Chemical name: 1-Propene, 2-bromo-
                                                  operations described in the PMN,                         3,3,3-trifluoro-.                                     PMN Number P–14–759
                                                  environmental releases did not exceed 5                     CAS number: 1514–82–5.
                                                  ppb for more than 20 days per year.                                                                               Chemical name: Pyrolysis oil product
                                                                                                              Effective date of TSCA section 5(e)
                                                  Therefore, EPA has not determined that                                                                         (generic).
                                                                                                           consent order: March 7, 2016.
                                                  the proposed manufacturing,                                                                                       CAS number: Not available.
                                                                                                              Basis for TSCA section 5(e) consent
                                                  processing, or use of the substance may                  order: The PMN states that the PMN                       Effective date of TSCA section 5(e)
                                                  present an unreasonable risk. However,                   substance will be used as a fire                      consent order: May 4, 2016.
                                                  EPA has determined that, if in the future                extinguishing agent for: Portable                        Basis for TSCA section 5(e) consent
                                                  there is domestic manufacture, the use                   extinguishers (onboard aviation and all               order: The PMN states that the generic
                                                  changes from that described in the                       nonresidential); niche systems (aircraft,             (non-confidential) use of the substance
                                                  PMN, or if the production volume                         normally unoccupied systems, self-                    is as an on-site coolant and petroleum
                                                  increases substantially, the potential for               contained automatic fire extinguishing                feed-stock. Based on SAR analysis of
                                                  release to the environment may change                    systems); and streaming systems for                   test data on analogous benzene and
                                                  correspondingly and can result in                        aircraft rescue fire fighting vehicles.               alkyl benzenes, EPA identified concerns
                                                  significant adverse environmental                        Based on test data on the PMN                         for oncogenicity, neurological effect,
                                                  effects. Based on this information, the                  substance, EPA predicts reproductive                  and blood toxicity to unprotected
                                                  PMN substance meets the concern                          effects to unprotected workers from                   workers from repeated inhalation
                                                  criteria at § 721.170(b)(4)(ii).                         repeated inhalation exposures. The                    exposures. Further, based on SAR
                                                     Recommended testing: EPA has                          Order was issued under TSCA sections                  analysis of test data on analogous
                                                  determined that the results of an algal                  5(e)(1)(A)(i) and 5(e)(1)(A)(ii)(I), based            neutral organic chemicals, EPA predicts
                                                  toxicity test (OCSPP Test Guideline                      on a finding that the substance may                   toxicity to aquatic organisms may occur
                                                  850.4500), with the PMN substance                        present an unreasonable risk of injury to             at concentrations that exceed 20 ppb of
                                                  substituted for the phosphate nutrient in                human health. To protect against these                the PMN substance in surface waters.
                                                  the algal growth medium, would help                      risks, the consent order requires:                    The Order was issued under TSCA
                                                  characterize the environmental effects of                   1. Use of personal protective                      sections 5(e)(1)(A)(i) and 5(e)(1)(A)(ii)(I),
                                                  the PMN substance.                                       equipment including a NIOSH–certified                 based on a finding that the substance
                                                     CFR citation: 40 CFR 721.10964.                       respirator with an APF of at least 10 or              may present an unreasonable risk of
                                                                                                           compliance with a NCEL of 1.0 parts per               injury to human health and the
                                                  PMN Number P–14–129                                                                                            environment. To protect against these
                                                                                                           million (ppm) as an 8-hour time-
                                                    Chemical name: Propanamide, 2-                         weighted average, when there is a                     risks, the consent order requires:
                                                  hydroxy-N,N-dimethyl-.                                   potential for inhalation exposures.                      1. Use of personal protective
                                                    CAS number: 35123–06–9.                                   2. Hazard communication.                           equipment including impervious gloves
                                                    Basis for action: The PMN states that                  Establishment and use of a hazard                     (where there is a potential for dermal
                                                  the generic (non-confidential) use of the                communication program, including                      exposures) and a NIOSH–certified
                                                  substance is as a solvent in pesticide                   human health precautionary statements                 respirator with an APF of at least 10
                                                  formulations and solvent for fertilizers.                on each label and in the Safety Data                  (where there is a potential for dermal or
                                                  Based on test data on the PMN                            Sheet (SDS).                                          inhalation exposures) or compliance
asabaliauskas on DSKBBXCHB2PROD with RULES




                                                  substance, EPA identified concerns for                      3. No domestic manufacture of the                  with a NCEL of 0.5 ppm as an 8-hour
                                                  solvent neurotoxicity, blood and liver                   PMN substance.                                        time-weighted average.
                                                  toxicity, kidney effects, and                               4. Processing (including filling of                   2. Manufacture, processing, or use of
                                                  developmental toxicity. For the uses                     hand-held fire extinguishers or fire                  the PMN substance only for the use
                                                  described in the PMN, EPA does not                       extinguishing systems) of the PMN                     specified in the consent order.
                                                  expect significant dermal or inhalation                  substance in an enclosed process.                        3. No use of the PMN substance
                                                  occupational exposures, nor does it                         5. Use only as either (1) total flooding           resulting in releases to surface waters
                                                  expect consumer exposures. Therefore,                    agent in unoccupied spaces, specifically              concentrations that exceed 20 ppb.


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                                                                   Federal Register / Vol. 82, No. 182 / Thursday, September 21, 2017 / Rules and Regulations                                       44083

                                                     The SNUR would designate as a                         characterize the environmental effects of             as well as SAR analysis of analogous
                                                  ‘‘significant new use’’ the absence of                   the PMN substance.                                    aliphatic amines, EPA predicts toxicity
                                                  these protective measures.                                 CFR citation: 40 CFR 721.10968.                     to aquatic organisms may occur at
                                                     Recommended testing: EPA has                                                                                concentrations that exceed 1 ppb of the
                                                                                                           PMN Number P–15–409
                                                  determined that the results of a                                                                               PMN substance in surface waters. The
                                                  developmental neurotoxicity test                            Chemical name: Substituted                         Order was issued under TSCA sections
                                                  (OPPTS Test Guideline 870.6300) with                     alkanolamine ether (generic).                         5(e)(1)(A)(i), 5(e)(1)(A)(ii)(I), and
                                                  a complete blood count and differential                     CAS number: Not available.                         5(e)(1)(A)(ii)(II) based on a finding that
                                                  for white blood cells; inhalation                           Effective date of TSCA section 5(e)                the substance may present an
                                                  monitoring data, collected according to                  consent order: March 3, 2016.                         unreasonable risk of injury to the
                                                  the EPA draft Inhalation Monitoring                         Basis for TSCA section 5(e) consent                environment and human health, the
                                                  Data Collection Guidelines (located in                   order: The PMN states that the                        substance may be produced in
                                                  the docket under docket ID number                        substance will be used as a hydrogen                  substantial quantities and may
                                                  EPA–HQ–OPPT–2016–0331; a fish acute                      sulfide scavenger. The Order was issued               reasonably be anticipated to enter the
                                                  toxicity test, freshwater and marine                     under TSCA sections 5(e)(1)(A)(i) and                 environment in substantial quantities,
                                                  (OPPTS Test Guideline 850.1075); an                      5(e)(1)(A)(ii)(II) based on a finding that            and there may be significant (or
                                                  acute invertebrate toxicity test,                        the substance may be produced in                      substantial) human exposure to the
                                                  freshwater daphnids (OCSPP Test                          substantial quantities and may                        substance. To protect against these
                                                  Guideline 850.1010) and an algal                         reasonably be anticipated to enter the                exposures and risks, the consent order
                                                  toxicity test (OCSPP Test Guideline                      environment in substantial quantities,                requires:
                                                  850.4500) would help characterize the                    and there may be significant (or                         1. Risk notification. If as a result of
                                                  human health and environmental effects                   substantial) human exposure to the                    the test data required, the company
                                                  of the PMN substance. The Order’s                        substance. Based on this finding, the                 becomes aware that the PMN substances
                                                  restrictions on manufacture, processing,                 consent order requires:                               may present a risk of injury to human
                                                  distribution in commerce, and disposal                      1. Risk notification. If as a result of            health or the environment, the company
                                                  will remain in effect until the Order is                 the test data required, the company                   must incorporate this new information,
                                                  modified or revoked by EPA based on                      becomes aware that the PMN substances                 and any information on methods for
                                                  submission of this or other relevant                     may present a risk of injury to human                 protecting against such risk into an SDS,
                                                  information.                                             health or the environment, the company                within 90 days.
                                                                                                           must incorporate this new information,                   2. Submission of certain toxicity,
                                                     CFR citation: 40 CFR 721.10967.
                                                                                                           and any information on methods for                    physical-chemical property, and
                                                  PMN Number P–15–279                                      protecting against such risk into an SDS,             environmental fate testing on the PMN
                                                    Chemical name: 1-Octanamine, 7 (or                     within 90 days.                                       substance prior to exceeding the
                                                                                                              2. Submission of certain toxicity,                 confidential production volume limits
                                                  8)-(aminomethyl)-.
                                                                                                           physical-chemical property, and                       as specified in the consent order.
                                                    CAS number: 1613320–81–2.
                                                                                                           environmental fate testing on the PMN                    3. No releases of the PMN substance
                                                    Basis for action: The PMN states that                  substance prior to exceeding the
                                                  the substance is used as a raw material                                                                        into the waters of the United States.
                                                                                                           confidential production volume limits                    The SNUR would designate as a
                                                  for highly heat resistant plastic. Based                 as specified in the consent order.                    ‘‘significant new use’’ the absence of
                                                  on test data on the PMN substance, as                       The SNUR would designate as a                      these protective measures.
                                                  well as SAR analysis of test data on                     ‘‘significant new use’’ the absence of                   Recommended testing: EPA has
                                                  analogous aliphatic amines, EPA                          these measures.                                       determined that the results of certain
                                                  predicts toxicity to aquatic organisms                      Recommended testing: EPA has                       toxicity and environmental fate testing
                                                  may occur at concentrations that exceed                  determined that the results of certain                would help characterize the PMN
                                                  123 parts per billion of the PMN                         toxicity and environmental fate testing               substance. The submitter has agreed to
                                                  substance in surface waters. As                          would help characterize the PMN                       complete the testing identified in the
                                                  described in the PMN, releases of the                    substance. The submitter has agreed to                testing section of the consent order by
                                                  substance during the use described in                    complete the testing identified in the                the confidential limits specified. In
                                                  the PMN are not expected to result in                    testing section of the consent order by               addition, EPA has determined that the
                                                  surface water concentrations that exceed                 the confidential limits specified.                    results of a fish early-life stage toxicity
                                                  123 ppb. Therefore, EPA has not                             CFR citation: 40 CFR 721.10969.                    test (OCSPP Test Guideline 850.1400)
                                                  determined that the proposed                                                                                   and a daphnid chronic toxicity test
                                                  manufacturing, processing, or use of the                 PMN Number P–15–583
                                                                                                                                                                 (OCSPP Test Guideline 850.1300) would
                                                  substance for the use described in the                     Chemical name: Butanedioic acid,                    help characterize the environmental
                                                  PMN may present an unreasonable risk.                    alkyl amine, dimethylbutyl ester                      effects of the PMN substance. The
                                                  EPA has determined, however, that any                    (generic).                                            Order’s restrictions on manufacture,
                                                  use of the substance resulting in surface                  CAS number: Not available.                          processing, distribution in commerce,
                                                  water concentrations exceeding 123 ppb                     Effective date of TSCA section 5(e)                 and disposal will remain in effect until
                                                  may cause significant adverse                            consent order: February 8, 2016.                      the Order is modified or revoked by
                                                  environmental effects. Based on this                       Basis for TSCA section 5(e) consent                 EPA based on submission of this or
                                                  information, the PMN substance meets                     order: The PMN states that the                        other relevant information.
asabaliauskas on DSKBBXCHB2PROD with RULES




                                                  the concern criteria at § 721.170(b)(4)(i)               substance will be used as an additive to                 CFR citation: 40 CFR 721.10970.
                                                  and (b)(4)(ii).                                          engine motor oil. Based on physical-
                                                    Recommended testing: EPA has                           chemical properties data, EPA predicts                PMN Number P–15–672
                                                  determined that the results of a fish                    that the PMN substance will persist in                  Chemical name: Carbon nanotube
                                                  early-life stage toxicity test (OCSPP Test               the environment, could bioaccumulate                  (generic).
                                                  Guideline 850.1400) and a daphnid                        or biomagnify, and could be toxic (PBT)                 CAS number: Not available.
                                                  chronic toxicity test (OCSPP Test                        to people, wild mammals, and birds.                     Effective date of TSCA section 5(e)
                                                  Guideline 850.1300) would help                           Further, based on test data on the PMN,               consent order: January 15, 2016.


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                                                  44084            Federal Register / Vol. 82, No. 182 / Thursday, September 21, 2017 / Rules and Regulations

                                                     Basis for TSCA section 5(e) consent                   substance is as an industrial paper                   combined repeated dose toxicity test
                                                  order: The PMN states that the generic                   additive. Based on SAR analysis of test               (OECD Test Guideline 422) with the
                                                  (non-confidential) use of the PMN                        data on analogous respirable, poorly                  reproduction/developmental toxicity
                                                  substance will be in filtration media.                   soluble particulates, EPA identified                  screening test; a fish early-life stage
                                                  Based on test data on analogous                          concerns for lung toxicity if inhaled                 toxicity test (OCSPP Test Guideline
                                                  respirable, poorly soluble particulates                  based on lung overload. As described in               850.1400); a daphnid chronic toxicity
                                                  and carbon nanotubes, EPA identified                     the PMN, inhalation is expected to be                 test (OCSPP Test Guideline 850.1300);
                                                  concerns for pulmonary toxicity and                      minimal for this use. Therefore, EPA has              and an algal toxicity test (OCSPP Test
                                                  oncogenicity. Based on test data for                     not determined that the proposed                      Guideline 850.4500) would help
                                                  other carbon nanotubes EPA identified                    manufacturing, processing, or use of the              characterize the human health and
                                                  concerns for environmental toxicity.                     substance may present an unreasonable                 environmental effects of the PMN
                                                  The Order was issued under TSCA                          risk. EPA has determined, however, that               substances.
                                                  sections 5(e)(1)(A)(i) and 5(e)(1)(A)(ii)(I),            any use of the substance other than as                  CFR citations: 40 CFR 721.10973 (P–
                                                  based on a finding that the substance                    identified in the PMN may result in                   15–766) and 40 CFR 721.10974 (P–15–
                                                  may present an unreasonable risk of                      serious health effects. Based on this                 767).
                                                  injury to human health and the                           information, the PMN meets the concern
                                                                                                           criteria at § 721.170(b)(3)(ii).                      PMN Number P–16–14
                                                  environment. To protect against these
                                                  risks, the consent order requires:                          Recommended testing: EPA has                          Chemical name: Silicon, tris[dialkyl
                                                     1. Use of personal protective                         determined that the results of a 90-day               phenyl]-dialkyl-dioxoalkane-
                                                  equipment involving impervious gloves                    inhalation toxicity test (OPPTS Test                  naphthalene disulfonate (generic).
                                                  and protective clothing (where there is                  Guideline 870.3465) would help                           CAS number: Not available.
                                                  a potential for dermal exposure) and a                   characterize the human health effects of                 Basis for action: The PMN states that
                                                  NIOSH-certified respirator with N–100,                   the PMN substance.                                    the generic (non-confidential) use of the
                                                  P–100, or R–100 cartridges (where there                     CFR citation: 40 CFR 721.10972.                    substance is as an ink additive. Based
                                                  is a potential for inhalation exposure).                                                                       on test data on the PMN substance, as
                                                                                                           PMN Numbers P–15–766 and P–15–767
                                                     2. Processing and use of the PMN                                                                            well as SAR analysis of test data on
                                                  substance only for the use specified in                     Chemical names: Halogenated                        analogous diketones, EPA predicts
                                                  the consent order.                                       bisphenol A, polymer with                             toxicity to aquatic organisms may occur
                                                     3. Processing and use of the PMN                      epichlorohydrin, alkenoate (generic) (P–              at concentrations that exceed 6 ppb of
                                                  substance only as an aqueous slurry,                     15–766) and Halogenated bisphenol A,                  the PMN substance in surface waters. As
                                                  wet form, or a contained dry form as                     polymer with bisphenol A diglycidyl                   described in the PMN, releases of the
                                                  described in the PMN.                                    ether and epoxidized phenol-                          substance during the use described in
                                                     4. No use of the PMN substance                        formaldehyde resin, alkenoate (generic)               the PMN are not expected to result in
                                                  resulting in releases to surface waters                  (P–15–767).                                           surface water concentrations that exceed
                                                  and disposal of the PMN substance only                      CAS numbers: Not available.                        6 ppb. Therefore, EPA has not
                                                  by landfill or incineration.                                Basis for action: The PMNs state that              determined that the proposed
                                                     The SNUR would designate as a                         the generic (non-confidential) use of the             manufacturing, processing, or use of the
                                                  ‘‘significant new use’’ the absence of                   substances will be as resins for flame                substance for the use described in the
                                                  these protective measures.                               retardant polyester. Based on test data               PMN may present an unreasonable risk.
                                                     Recommended testing: EPA has                          on the confidential impurity of the PMN               EPA has determined, however, that any
                                                  determined that a two-year inhalation                    substance, EPA identified concerns for                use of the substance resulting in surface
                                                  bioassay (OPPTS 870.4200); a fish early-                 chronic toxicity effects to workers and               water concentrations exceeding 6 ppb
                                                  life stage toxicity test (OCSPP Test                     the general population exposed to the                 may cause significant adverse
                                                  Guideline 850.1400); a daphnid chronic                   PMN substances. Further, based on the                 environmental effects. Based on this
                                                  toxicity test (OCSPP Test Guideline                      confidential impurity, EPA predicts                   information, the PMN substance meets
                                                  850.1300); and an algal toxicity test                    toxicity to aquatic organisms may occur               the concern criteria at § 721.170(b)(4)(i)
                                                  (OCSPP Test Guideline 850.4500) would                    at concentrations that exceed 20 ppb of               and (b)(4)(ii).
                                                  help characterize possible health and                    the impurity in surface waters. As                       Recommended testing: EPA has
                                                  environmental effects of the substance.                  described in the PMNs, EPA does not                   determined that the results of a ready
                                                  Although the Order does not require                      expect significant occupational                       biodegradability test (OECD Test
                                                  these tests, the Order’s restrictions on                 exposures, general population                         Guideline 301); a fish early-life state
                                                  manufacture, processing, distribution in                 exposures, nor releases of the substance              toxicity test (OCSPP Test Guideline
                                                  commerce, and disposal will remain in                    to result in surface water concentrations             850.1400); and a daphnid chronic
                                                  effect until the Order is modified or                    that exceed 20 ppb of the impurity in                 toxicity test (OCSPP Test Guideline
                                                  revoked by EPA based on submission of                    surface waters. Therefore, EPA has not                850.1300) would help characterize the
                                                  this or other relevant information.                      determined that the proposed                          environmental effects of the PMN
                                                     CFR citation: 40 CFR 721.10971.                       manufacturing, processing, or use of the              substance.
                                                                                                           substances may present an unreasonable                   CFR citation: 40 CFR 721.10975.
                                                  PMN Number P–15–678                                      risk. EPA has determined, however, that
                                                     Chemical name: Metal salt of mineral                  any consumer use, any use other than as               PMN Number P–16–40
                                                  acid, reaction products with alumina,                    described in the PMNs, or any increase                  Chemical name: Tar acids fraction
asabaliauskas on DSKBBXCHB2PROD with RULES




                                                  aluminum hydroxide, aluminum                             in production volume over 10,000 kg/yr                (generic).
                                                  hydroxide oxide (Al(OH)O), silica,                       may result in serious human health and                  CAS number: Not available.
                                                  titanium oxide (TiO2) and 3-                             significant adverse environmental                       Basis for action: The PMN states that
                                                  (triethoxysilyl)-1-propanamine                           effects. Based on this information, the               the generic (non-confidential) use of the
                                                  (generic).                                               PMN substances meet the concern                       substance is as a polymer. Based on test
                                                     CAS number: Not available.                            criteria at § 721.170(b)(5)(ii).                      data on the PMN substance, as well as
                                                     Basis for action: The PMN states that                    Recommended testing: EPA has                       SAR analysis of test data on analogous
                                                  the generic (non-confidential) use of the                determined that the results of a                      phenols, EPA predicts toxicity to


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                                                                   Federal Register / Vol. 82, No. 182 / Thursday, September 21, 2017 / Rules and Regulations                                      44085

                                                  aquatic organisms may occur at                           help characterize the environmental                   PMN Number P–16–94
                                                  concentrations that exceed 45 ppb of the                 effects of the PMN substances.                          Chemical name: Perfluoropolyether
                                                  PMN substance in surface waters. As                         CFR citations: 40 CFR 721.10977 (P–                modified organosilane (generic).
                                                  described in the PMN, releases of the                    16–59) and 40 CFR 721.10978 (P–16–                      CAS number: Not available.
                                                  substance during the use described in                    60).                                                    Basis for action: The PMN states that
                                                  the PMN are not expected to result in                                                                          the substance will be used as a stain-
                                                  surface water concentrations that exceed                 PMN Number P–16–70
                                                                                                                                                                 proof coating agent for touch panel.
                                                  45 ppb. Therefore, EPA has not                              Chemical Name: Boron sodium oxide                  Based on physical-chemical properties
                                                  determined that the proposed                             (B5NaO8), labeled with boron-10.                      data on the PMN substance, as well as
                                                  manufacturing, processing, or use of the                                                                       SAR analysis of test data on analogous
                                                  substance for the use described in the                      CAS Number: 200443–98–7.
                                                                                                              Basis for Action: The PMN states that              perfluorinated chemicals and potential
                                                  PMN may present an unreasonable risk.                                                                          perfluorinated degradation products,
                                                  EPA has determined, however, that any                    this substance is to be used as an
                                                                                                           emergency shutdown coolant in boiling                 EPA identified concerns for irritation to
                                                  use of the substance resulting in surface                                                                      skin, eyes, lungs, mucous membranes,
                                                  water concentrations exceeding 45 ppb                    water reactors. Based on test data for
                                                                                                           boron compounds, the EPA identified                   lung toxicity, liver toxicity, blood
                                                  may cause significant adverse                                                                                  toxicity, male reproductive toxicity,
                                                  environmental effects. Based on this                     potential human health concerns
                                                                                                           regarding reproductive effects,                       immunosupression, and oncogenicity.
                                                  information, the PMN substance meets                                                                           EPA has concerns that these degradation
                                                  the concern criteria at § 721.170(b)(4)(i)               developmental toxicity, neurotoxicity,
                                                                                                           and blood effects from exposure to the                products will persist in the
                                                  and (b)(4)(ii).                                                                                                environment, could bioaccumulate or
                                                     Recommended testing: EPA has                          PMN substance via inhalation exposure.
                                                                                                           Further, based on SAR analysis of test                biomagnify, and could be toxic (PBT) to
                                                  determined that the results of a fish                                                                          people, wild mammals, and birds. EPA
                                                  early-life state toxicity test (OCSPP Test               data on boron compounds, EPA predicts
                                                                                                           toxicity to aquatic organisms may occur               predicts adverse effects to human health
                                                  Guideline 850.1400); a daphnid chronic                                                                         and the environment may occur if
                                                  toxicity test (OCSPP Test Guideline                      at concentrations that exceed 1,240 ppb
                                                                                                           of the PMN substance in surface waters                releases of the PMN substance to surface
                                                  850.1300); and an algal toxicity test                                                                          water at production volumes higher
                                                  (OCSPP Test Guideline 850.4500) would                    for greater than 20 days per year. This
                                                                                                           20-day criterion is derived from partial              than described in the PMN exceed the
                                                  help characterize the environmental                                                                            releases expected from the production
                                                  effects of the PMN substance.                            life cycle tests (daphnid chronic and
                                                                                                           fish early life stage tests) that typically           volume described in the PMN. For the
                                                     CFR citation: 40 CFR 721.10976.                                                                             described production volume in the
                                                                                                           range from 21 to 28 days in duration.
                                                  PMN Numbers P–16–59 and P–16–60                          EPA predicts toxicity to aquatic                      PMN, significant environmental releases
                                                                                                           organisms may occur if releases of the                are not expected.
                                                     Chemical names: Dialkyl                                                                                       Therefore, EPA has not determined
                                                  fattyalkylamino propanamide                              substance to surface water, from uses
                                                                                                           other than as described in the PMN,                   that the proposed manufacturing,
                                                  alkylamine (generic) (P–16–59) and                                                                             processing, or use of the substance may
                                                  Fattyalkylaminopropanoate ester                          exceed releases from the use described
                                                                                                           in the PMN. For the use described in the              present an unreasonable risk. EPA has
                                                  (generic) (P–16–60).                                                                                           determined, however, that any
                                                     CAS numbers: Not available.                           PMN, inhalation and dermal exposures
                                                                                                           are expected to be minimal and                        substantial combined production
                                                     Basis for action: The PMNs state that                                                                       volume increase could result in
                                                  the substances will be used as chemical                  environmental releases did not exceed
                                                                                                           1,240 ppb for more than 20 days per                   exposures which may cause serious
                                                  intermediates. Based on data on the                                                                            human health and significant adverse
                                                  PMN substances, as well as SAR                           year. Therefore, EPA has not determined
                                                                                                           that the proposed manufacturing,                      environmental effects. Based on this
                                                  analysis of test data on analogous                                                                             information, the PMN substance meets
                                                  aliphatic amines, EPA predicts toxicity                  processing, or use of the substance may
                                                                                                           present an unreasonable risk. EPA has                 the concern criteria at
                                                  to aquatic organisms may occur at                                                                              § 721.170(b)(1)(i)(D), (b)(3)(iii), and
                                                  concentrations that exceed 1 ppb of the                  determined, however, that any use of
                                                                                                           the substance other than as listed in the             (b)(4)(iv).
                                                  PMN substances in surface waters. As                                                                             Recommended testing: EPA has
                                                  described in the PMNs, releases of the                   PMN may result in serious human
                                                                                                           health and significant adverse                        determined that the results of an
                                                  substance are not expected to result in                                                                        indirect photolysis screening test:
                                                  surface water concentrations that exceed                 environmental effects. Based on this
                                                                                                           information, the PMN substance meet                   Sunlight photolysis in waters containing
                                                  1 ppb. Therefore, EPA has not                                                                                  dissolved humic substances (OPPTS
                                                  determined that the proposed                             the concern criteria at § 721.170(b)(3)(ii)
                                                                                                           and (b)(4)(ii).                                       Test Guideline 835.5270), and
                                                  manufacturing, processing, or use of the                                                                       simulation tests to assess the primary
                                                  substance may present an unreasonable                       Recommended Testing: EPA has                       and ultimate biodegradability of
                                                  risk. EPA has determined, however, that                  determined that the results of a                      chemicals discharged to wastewater
                                                  any use of the substances resulting in                   reproductive/developmental toxicity                   (OPPTS Test Guideline 835.3280/OECD
                                                  surface water concentrations exceeding                   screening test (OPPTS 870.3550/OECD                   Test Guideline 314) would help
                                                  1 ppb may cause significant adverse                      Test Guideline 421); a fish acute toxicity            characterize the environmental effects of
                                                  environmental effects. Based on this                     test, freshwater and marine (OPPTS Test               the PMN substance.
                                                  information, the PMN substances meets                    Guideline 850.1075); an acute                           CFR citation: 40 CFR 721.10980.
asabaliauskas on DSKBBXCHB2PROD with RULES




                                                  the concern criteria at § 721.170(b)(4)(i).              invertebrate toxicity test, freshwater
                                                     Recommended testing: EPA has                          daphnids (OPPTS Test Guideline                        PMN Number P–16–95
                                                  determined that the results of a fish                    850.1010); and algal toxicity test                      Chemical name: Modified phenol-
                                                  early-life stage toxicity test (OCSPP Test               (OCSPP Test Guideline 850.4500) would                 formaldehyde resin (generic).
                                                  Guideline 850.1400); a daphnid chronic                   help characterize the human health and                  CAS number: Not available.
                                                  toxicity test (OCSPP Test Guideline                      environmental effects of the PMN                        Basis for action: The PMN states that
                                                  850.1300); and an algal toxicity test                    substance.                                            the generic (non-confidential) use of the
                                                  (OCSPP Test Guideline 850.4500) would                       CFR Citation: 40 CFR 721.10979.                    substance is as a flame retardant


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                                                  44086            Federal Register / Vol. 82, No. 182 / Thursday, September 21, 2017 / Rules and Regulations

                                                  additive. Based on SAR analysis of test                  proposed manufacturing, processing, or                PMN Number P–16–104
                                                  data on analogous neutral organics, EPA                  use of the substances may present an                     Chemical name: 2-Pyridinecarboxylic
                                                  predicts toxicity to aquatic organisms                   unreasonable risk. EPA has determined,                acid, 4,5-dichloro-6-(4-chloro-2-fluoro-
                                                  may occur at concentrations that exceed                  however, that any use of the PMN                      3-methoxyphenyl)-.
                                                  96 ppb of the PMN substance in surface                   substance without the use of dermal                      CAS number: 1546765–39–2.
                                                  waters. Further, based on the alcohol                    protection, where there is a potential for               Basis for action: The PMN states that
                                                  groups, EPA has concern for irritation to                dermal exposures, or any use of the                   the generic (non-confidential) use of the
                                                  eyes, lungs, and mucous membranes. As                    PMN substance other than for the use                  substance is as a feed stock for an
                                                  described in the PMN, releases of the                    specified in the PMN may result in                    intermediate. Based on SAR analysis of
                                                  substance are not expected to result in                  serious human health effects. Based on                test data on analogous halopyridines,
                                                  surface water concentrations that exceed                 this information, the PMN substance                   EPA predicts toxicity to aquatic
                                                  96 ppb and exposures to workers and                      meet the concern criteria at                          organisms may occur at concentrations
                                                  general population are minimal due to                    § 721.170(b)(3)(ii).                                  that exceed 8 ppb of the PMN substance
                                                  the use as a flame retardant additive.                     Recommended testing: EPA has                        in surface waters. Further, based on the
                                                  Therefore, EPA has not determined that                   determined that results of a 90-day oral              acid moiety, EPA has concern for
                                                  the proposed manufacturing,                              toxicity test (OPPTS Test Guideline                   irritation to eyes, lungs, and mucous
                                                  processing, or use of the substance may                  870.3100) in rats via the gavage route,               membranes. As described in the PMN,
                                                  present an unreasonable risk. EPA has                    and a developmental toxicity test                     releases of the substance are not
                                                  determined, however, that use of the                     OPPTS Test Guideline 870.3650) in rats                expected to result in surface water
                                                  substance other than as stated in the                    via the gavage route would help                       concentrations that exceed 8 ppb and
                                                  PMN or any use of the substance                          characterize the effects of the PMN                   exposures to workers and general
                                                  resulting in surface water                               substance.
                                                  concentrations exceeding 96 ppb may                                                                            population are minimal due to the use
                                                                                                             CFR citation: 40 CFR 721.10982.                     as an intermediate. Therefore, EPA has
                                                  result in serious human health and
                                                  significant adverse environmental                        PMN Number P–16–102                                   not determined that the proposed
                                                  effects. Based on this information, the                                                                        manufacturing, processing, or use of the
                                                                                                              Chemical name: Phthalic anhydride,                 substance may present an unreasonable
                                                  PMN substance meets the concern                          polymer with alkylene glycol and
                                                  criteria at § 721.170(b)(3)(ii) and                                                                            risk. EPA has determined, however, that
                                                                                                           alkanepolyol, acrylate (generic).                     use of the substance other than as an
                                                  (b)(4)(ii).                                                 CAS number: Not available.
                                                     Recommended testing: EPA has                                                                                intermediate or any use of the substance
                                                                                                              Basis for action: The PMN states that              resulting in surface water
                                                  determined that the results of an acute
                                                                                                           the generic (non-confidential) use of the             concentrations exceeding 8 ppb may
                                                  toxicity test (OPPTS Test Guideline
                                                                                                           substance is as a coating component.                  result in serious human health and
                                                  870.1000); a repeated dose 28-day oral
                                                                                                           Based on SAR analysis of test data on                 significant adverse environmental
                                                  toxicity study (OPPTS Test Guideline
                                                                                                           analogous acrylates, EPA predicts                     effects. Based on this information, the
                                                  870.3050) in rodents; a bacterial reverse
                                                                                                           toxicity to aquatic organisms may occur               PMN substance meets the concern
                                                  mutation test (OPPTS Test Guideline
                                                                                                           at concentrations that exceed 1 ppb of                criteria at § 721.170(b)(3)(ii) and
                                                  870.5100); a mammalian erythrocyte
                                                                                                           the PMN substance in surface waters. As               (b)(4)(ii).
                                                  micronucleus test (OPPTS Test
                                                                                                           described in the PMN, releases of the                    Recommended testing: EPA has
                                                  Guideline 870.5395); a fish early-life
                                                                                                           substance during the use described in                 determined that the results of an acute
                                                  stage toxicity test (OCSPP Test
                                                                                                           the PMN are not expected to result in                 toxicity test (OPPTS Test Guideline
                                                  Guideline 850.1400); a daphnid chronic
                                                                                                           surface water concentrations that exceed              870.1000); a repeated dose 28-day oral
                                                  toxicity test (OCSPP Test Guideline
                                                                                                           1 ppb. Therefore, EPA has not                         toxicity study (OPPTS Test Guideline
                                                  850.1300); and an algal toxicity test
                                                                                                           determined that the proposed                          870.3050) in rodents; a bacterial reverse
                                                  (OCSPP Test Guideline 850.4500) would
                                                                                                           manufacturing, processing, or use of the              mutation test (OPPTS Test Guideline
                                                  help characterize the human health and
                                                                                                           substance for the use described in the                870.5100); a mammalian erythrocyte
                                                  environmental effects of the PMN
                                                                                                           PMN may present an unreasonable risk.                 micronucleus test (OPPTS Test
                                                  substance.
                                                     CFR citation: 40 CFR 721.10981.                       EPA has determined, however, that any                 Guideline 870.5395); a fish acute
                                                                                                           use of the substance resulting in surface             toxicity test, freshwater and marine
                                                  PMN Number P–16–101                                      water concentrations exceeding 1 ppb                  (OPPTS Test Guideline 850.1075); an
                                                     Chemical name: Disubstituted                          may cause significant adverse                         acute invertebrate toxicity test,
                                                  benzene alkanal (generic).                               environmental effects. Based on this                  freshwater daphnids (OCSPP Test
                                                     CAS number: Not available.                            information, the PMN substance meets                  Guideline 850.1010); and an algal
                                                     Basis for action: The PMN states that                 the concern criteria at                               toxicity test (OCSPP Test Guideline
                                                  the generic (non-confidential) use of the                § 721.170(b)(4)(ii).                                  850.4500) would help characterize the
                                                  substance will be as a component for                        Recommended testing: EPA has                       human health and environmental effects
                                                  household products, including cleaning,                  determined that the results of a water                of the PMN substance.
                                                  fabric and air care. Based on SAR                        solubility test (OPPTS Test Guideline                    CFR citation: 40 CFR 721.10984.
                                                  analysis of test data on analogous                       830.7840, a fish acute toxicity test,
                                                  structurally similar substances, EPA                     freshwater and marine (OPPTS Test                     PMN Numbers P–16–136, P–16–139, and
                                                  identified concerns for developmental                    Guideline 850.1075); an acute                         P–16–140
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                                                  toxicity from dermal exposures of the                    invertebrate toxicity test, freshwater                  Chemical names: Dialkylamino
                                                  PMN substance to workers and                             daphnids (OCSPP Test Guideline                        alkylamide inner salt (generic).
                                                  consumers. For the use described in the                  850.1010); and algal toxicity test                      CAS numbers: Not available.
                                                  PMN, dermal exposures are not                            (OCSPP Test Guideline 850.4500);                        Basis for action: The PMNs state that
                                                  expected based on the use of impervious                  would help characterize the                           the generic (non-confidential) use of
                                                  gloves, and consumer dermal exposures                    environmental effects of the PMN                      these substances is in oil production.
                                                  are expected to be minimal. Therefore,                   substance.                                            Based on SAR analysis of test data on
                                                  EPA has not determined that the                             CFR citation: 40 CFR 721.10983.                    analogous aliphatic amines, EPA


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                                                                   Federal Register / Vol. 82, No. 182 / Thursday, September 21, 2017 / Rules and Regulations                                      44087

                                                  predicts toxicity to aquatic organisms                      4. Processing and use of the PMN                   manufacturing, processing, or use of the
                                                  may occur at concentrations that exceed                  substance only for the use specified in               substance may present an unreasonable
                                                  1 ppb of the PMN substances in surface                   the consent order including no                        risk. EPA has determined, however, that
                                                  waters. As described in the PMNs,                        application method that generates a                   use of the substance without a National
                                                  releases of these substances are not                     vapor, mist or aerosol unless the                     Institute for Occupational Safety and
                                                  expected to result in surface water                      application method occurs in an                       Health (NIOSH)-certified respirators
                                                  concentrations that exceed 1 ppb.                        enclosed process.                                     with an assigned protection factor (APF)
                                                  Therefore, EPA has not determined that                      5. No use of the PMN substance                     of at least 10, where there is potential
                                                  the proposed manufacturing,                              resulting in releases to surface waters               respiratory exposure, any use other than
                                                  processing, or use of the substances may                 and disposal of the PMN substance only                in the PMN, or domestic manufacture
                                                  present an unreasonable risk. EPA has                    by landfill or incineration.                          may result in serious human health
                                                  determined, however, that any use of                        The SNUR would designate as a                      effects. Based on this information, the
                                                  the substances resulting in surface water                ‘‘significant new use’’ the absence of                PMN substance meets the concern
                                                  concentrations exceeding 1 ppb may                       these protective measures.                            criteria at § 721.170(b)(3)(ii).
                                                  cause significant adverse environmental                     Recommended testing: EPA has                          Recommended testing: EPA has
                                                  effects. Based on this information, the                  determined that the development of                    determined that the results of a 90-day
                                                  PMN substances meets the concern                         data on certain physical-chemical                     subchronic toxicity test (OPPTS Test
                                                  criteria at § 721.170(b)(4)(ii).                         properties, as well as certain human                  Guideline 870.3465) via the inhalation
                                                     Recommended testing: EPA has                          health and environmental toxicity                     route with a 60-day holding period
                                                  determined that the results of a fish                    testing would help characterize possible              would help characterize the human
                                                  early-life stage toxicity test (OCSPP Test               effects of the substance. The submitter               health effects of the PMN substance.
                                                  Guideline 850.1400); a mysid chronic                     has agreed to provide a dustiness test                   CFR citation: 40 CFR 721.10987.
                                                  toxicity test (OCSPP Test Guideline                      (European Standard EU 15051) by six
                                                                                                           months from commencement of                           PMN Number P–16–179
                                                  850.1350); and an algal toxicity test
                                                  (OCSPP Test Guideline 850.4500) would                    manufacture. In addition, the submitter                  Chemical name: Alkanoic acids,
                                                  help characterize the environmental                      has agreed not to exceed the                          esters with alkanetriol (generic).
                                                  effects of the PMN substances. Testing                   confidential production limit without                    CAS number: Not available.
                                                  should be conducted on PMN substance                     performing a 90-day inhalation toxicity                  Basis for action: The PMN states that
                                                  P–16–139.                                                test (OPPTS Test Guideline 870.3465 or                the generic (non-confidential) use of the
                                                     CFR citation: 40 CFR 721.10985.                       OECD Test Guideline 413) in rats with                 substance is as a grease. Based on SAR
                                                                                                           a post-exposure observation period of                 analysis of test data on analogous esters,
                                                  PMN Number P–16–170                                      up to 9 months (including BALF                        EPA predicts toxicity to aquatic
                                                     Chemical name: Nanocarbon                             analysis, a determination of                          organisms may occur at concentrations
                                                  (generic).                                               cardiovascular toxicity (clinically-based             that exceed 1 ppb of the PMN substance
                                                     CAS number: Not available.                            blood/plasma protein analyses), and                   in surface waters. As described in the
                                                     Effective date of TSCA section 5(e)                   histopathology of the heart). Although                PMN, releases of the substance are not
                                                  consent order: June 21, 2016.                            the order does not require a two-year                 expected to result in surface water
                                                     Basis for TSCA section 5(e) consent                   inhalation bioassay (OPPTS Test                       concentrations that exceed 1 ppb.
                                                  order: The PMN states that the                           Guideline 870.4200), a daphnid chronic                Therefore, EPA has not determined that
                                                  substance will be used as an additive to                 toxicity test (OPPTS Test Guideline                   the proposed manufacturing,
                                                  composite materials. Based on test data                  850.1300), a fish early-life stage toxicity           processing, or use of the substance may
                                                  on analogous respirable, poorly soluble                  test (OCSPP Test Guideline 850.1400),                 present an unreasonable risk. EPA has
                                                  particulates and nanocarbon materials,                   or an algal toxicity test (OCSPP Test                 determined, however, that any use of
                                                  EPA identified concerns for pulmonary                    Guideline 850.4500), the Order’s                      the substance resulting in surface water
                                                  toxicity and oncogenicity. Based on test                 restrictions on manufacture, processing,              concentrations exceeding 1 ppb may
                                                  data for other nanocarbon materials EPA                  distribution in commerce, and disposal                cause significant adverse environmental
                                                  identified concerns for environmental                    will remain in effect until the Order is              effects. Based on this information, the
                                                  toxicity. The Order was issued under                     modified or revoked by EPA based on                   PMN substance meets the concern
                                                  TSCA sections 5(e)(1)(A)(i) and                          submission of this or other relevant                  criteria at § 721.170(b)(4)(ii).
                                                  5(e)(1)(A)(ii)(I), based on a finding that               information.                                             Recommended testing: EPA has
                                                  the substance may present an                                CFR citation: 40 CFR 721.10986.                    determined that the results of a fish
                                                  unreasonable risk of injury to human                                                                           early-life stage toxicity test (OCSPP Test
                                                  health and the environment. To protect                   PMN Number P–16–177                                   Guideline 850.1400); a daphnid chronic
                                                  against these risks, the consent order                     Chemical name: Barium molybdenum                    toxicity test (OCSPP Test Guideline
                                                  requires:                                                niobium tantalum tellurium vanadium                   850.1300); and an algal toxicity test
                                                     1. Use of personal protective                         zinc oxide.                                           (OCSPP Test Guideline 850.4500) would
                                                  equipment involving impervious gloves                      CAS number: 1440529–21–4.                           help characterize the environmental
                                                  and protective clothing (where there is                    Basis for action: The PMN states that               effects of the PMN substance.
                                                  a potential for dermal exposure) and a                   the generic (non-confidential) use of the                CFR citation: 40 CFR 721.10988.
                                                  NIOSH-certified respirator with N–100,                   substance is as a glass coating. Based on
                                                                                                           SAR analysis of test data on the                      PMN Number P–16–182
                                                  P–100, or R–100 cartridges (where there
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                                                  is a potential for inhalation exposure).                 analogous respirable, poorly soluble                     Chemical names: Manganese,
                                                     2. Submission of a dustiness test                     particulates, EPA identified concerns for             tris[.mu.-(2-ethylhexanoato-
                                                  within six months of notice of                           lung effects to workers exposed to the                .kappa.O:.kappa.O’)]bis(octahydro-1,4,7-
                                                  commencement.                                            PMN substance. As described in the                    trimethyl-1H-1,4,7-triazonine-
                                                     3. Submission of a 90-day chronic                     PMN, worker exposure will be minimal                  .kappa.N1,.kappa.N4,.kappa.N7)di- (P–
                                                  inhalation study prior to exceeding the                  due to the use of adequate respiratory                16–182, chemical A); Manganese, [.mu.-
                                                  confidential production volume limit                     protection. Therefore, EPA has not                    (acetato-.kappa.O:.kappa.O’)]bis[.mu.-(2-
                                                  specified in the consent order.                          determined that the proposed                          ethylhexanoato-


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                                                  44088            Federal Register / Vol. 82, No. 182 / Thursday, September 21, 2017 / Rules and Regulations

                                                  .kappa.O:.kappa.O’)]bis(octahydro-1,4,7-                 422) would help characterize the human                PMN may present an unreasonable risk.
                                                  trimethyl-1H-1,4,7-triazonine-                           health effects of the PMN substances.                 EPA has determined, however, that any
                                                  .kappa.N1,.kappa.N4,.kappa.N7)di- (P–                      CFR citations: 40 CFR 721.10989 (P–                 use of the substance resulting in surface
                                                  16–182, chemical B); Manganese,                          16–182, chemical A), 40 CFR 721.10990                 water concentrations exceeding 14 ppb
                                                  bis[.mu.-(acetato-                                       (P–16–182, chemical B), 40 CFR                        may cause significant adverse
                                                  .kappa.O:.kappa.O’)][.mu.-(2-                            721.10991 (P–16–182, chemical C), and                 environmental effects. Based on this
                                                  ethylhexanoato-                                          40 CFR 721.10992 (P–16–182, chemical                  information, the PMN substance meets
                                                  .kappa.O:.kappa.O’)]bis(octahydro-1,4,7-                 D).                                                   the concern criteria at § 721.170(b)(4)(i)
                                                  trimethyl-1H-1,4,7-triazonine-                           PMN Number P–16–190                                   and (b)(4)(ii).
                                                  .kappa.N1,.kappa.N4,.kappa.N7)di- (P–
                                                                                                              Chemical name: Aryl polyolefin                       Recommended testing: EPA has
                                                  16–182, chemical C); and Manganese,
                                                                                                           (generic).                                            determined that the results of a fish
                                                  tris[.mu.-(acetato-
                                                                                                              CAS number: Not available.                         early-life stage toxicity test (OCSPP Test
                                                  .kappa.O:.kappa.O’)]bis(octahydro-1,4,7-
                                                                                                              Basis for action: The PMN states that              Guideline 850.1400) and a daphnid
                                                  trimethyl-1H-1,4,7-triazonine-
                                                                                                           the generic (non-confidential) use of the             chronic toxicity test (OCSPP Test
                                                  .kappa.N1,.kappa.N4,.kappa.N7)di- (P–
                                                  16–182, chemical D).                                     substance will be as a lubricant. Based               Guideline 850.1300) would help
                                                                                                           on analogy to C10–13 alkyl derivatives                characterize the environmental effects of
                                                     CAS numbers: 2020407–62–7 (P–16–
                                                                                                           of benzene, EPA identified concerns for               the PMN substance.
                                                  182, chemical A); 2020407–63–8 (P–16–
                                                                                                           reproductive and developmental                          CFR citation: 40 CFR 721.10994.
                                                  182, chemical B); 2020407–64–9 (P–16–
                                                                                                           toxicity to workers exposed to the PMN
                                                  182, chemical C); and 2020407–65–0 (P–                                                                         PMN Number P–16–272
                                                                                                           substance based on exposure to the
                                                  16–182, chemical D).
                                                                                                           PMN substance via dermal exposure. As
                                                     Basis for action: The PMN states that                                                                          Chemical name: Lecithins, soya,
                                                                                                           described in the PMN, exposure is
                                                  the generic (non-confidential) use of the                                                                      hydrogenated.
                                                                                                           expected to be minimal due to use of
                                                  substances will be as resins. Based on                                                                            CAS number: 308068–11–3.
                                                                                                           adequate dermal personal protection
                                                  SAR analysis of test data on analogous
                                                                                                           equipment. Therefore, EPA has not                        Basis for action: The PMN states that
                                                  compounds, EPA identified concerns for
                                                                                                           determined that the proposed                          the generic (non-confidential) use of the
                                                  systemic effects to the thyroid and
                                                                                                           manufacturing, processing, or use of the              substance is an ingredient in a
                                                  pituitary gland, liver toxicity,
                                                                                                           substance may present an unreasonable                 formulated product. Based on SAR
                                                  developmental and reproductive
                                                                                                           risk. EPA has determined, however, that               analysis of test data on analogous
                                                  toxicity, and mutagenicity. There are
                                                                                                           use of the substance other than as                    amphoteric surfactants, EPA predicts
                                                  also concerns for immunotoxicity,
                                                                                                           described in the PMN, or any use                      toxicity to aquatic organisms may occur
                                                  reproductive and developmental
                                                                                                           without the use of dermal protection                  at concentrations that exceed 1 ppb of
                                                  toxicity, neurotoxicity, blood effects,
                                                                                                           where there is a potential for dermal                 the PMN substance in surface waters. As
                                                  and kidney toxicity, and uncertain
                                                                                                           exposures may cause serious human                     described in the PMN, releases of the
                                                  concerns for asthma and oncogenicity,
                                                                                                           health effects. Based on this
                                                  based on manganese, and concerns for                                                                           substance during the use described in
                                                                                                           information, the PMN substance meets
                                                  developmental toxicity for branched                                                                            the PMN are not expected to result in
                                                                                                           the concern criteria at 40 CFR
                                                  acid hydrolysis products, by analogy to                                                                        surface water concentrations that exceed
                                                                                                           721.170(b)(3)(ii).
                                                  valproic acid and other acids that are                      Recommended testing: EPA has                       1 ppb. Therefore, EPA has not
                                                  branched on the carbon adjacent to the                   determined that the results of a two-                 determined that the proposed
                                                  acid group, all based on exposure to the                 generation reproduction toxicity test                 manufacturing, processing, or use of the
                                                  PMN substances via inhalation or                         (OECD Test Guideline 416) would help                  substance for the use described in the
                                                  dermal exposure. As described in the                     characterize the human health effects of              PMN may present an unreasonable risk.
                                                  PMN, exposure is expected to be                          the PMN substance.                                    EPA has determined, however, that any
                                                  minimal due to negligible inhalation                        CFR citation: 40 CFR 721.10993.                    use of the substance resulting in surface
                                                  exposures and use of adequate dermal                                                                           water concentrations exceeding 1 ppb
                                                  personal protection equipment.                           PMN Number P–16–260                                   may cause significant adverse
                                                  Therefore, EPA has not determined that                      Chemical name: Melamine nitrate                    environmental effects. Based on this
                                                  the proposed manufacturing,                              (generic).                                            information, the PMN substance meets
                                                  processing, or use of the substances may                    CAS number: Not available.                         the concern criteria at
                                                  present an unreasonable risk. EPA has                       Basis for action: The PMN states that              § 721.170(b)(4)(ii).
                                                  determined, however, that any domestic                   the generic (non-confidential) use of the
                                                  manufacture; any manufacture of the                                                                               Recommended testing: EPA has
                                                                                                           substance is as a gas generant for
                                                  PMN substances at a concentration                                                                              determined that the results of a fish
                                                                                                           automobile air bag inflators. Based on
                                                  greater than 10% in any formulation; or                                                                        acute toxicity test, freshwater and
                                                                                                           test data on the PMN substance, as well
                                                  any use of the PMN substances without                    as SAR analysis of test data on                       marine (OPPTS Test Guideline
                                                  the use of chemical impervious gloves,                   analogous melamines, EPA predicts                     850.1075); an aquatic invertebrate acute
                                                  where there is a potential for dermal                    toxicity to aquatic organisms may occur               toxicity test, freshwater daphnids
                                                  exposures may result in serious human                    at concentrations that exceed 14 ppb of               (OCSPP Test Guideline 850.1010); an
                                                  health effects. Based on this                            the PMN substance in surface waters. As               algal toxicity test (OCSPP Test
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                                                  information, the PMN substances meet                     described in the PMN, releases of the                 Guideline 850.4500); a fish early-life
                                                  the concern criteria at 40 CFR                           substance during the use described in                 stage toxicity test (OCSPP Test
                                                  721.170(b)(3)(ii).                                       the PMN are not expected to result in                 Guideline 850.1400); and a daphnid
                                                     Recommended testing: EPA has                          surface water concentrations that exceed              chronic toxicity test (OCSPP Test
                                                  determined that the results of a                         14 ppb. Therefore, EPA has not                        Guideline 850.1300) would help
                                                  combined repeated dose toxicity                          determined that the proposed                          characterize the environmental effects of
                                                  reproduction/development toxicity                        manufacturing, processing, or use of the              the PMN substance.
                                                  screening test (OECD Test Guideline                      substance for the use described in the                   CFR citation: 40 CFR 721.10995.


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                                                                   Federal Register / Vol. 82, No. 182 / Thursday, September 21, 2017 / Rules and Regulations                                     44089

                                                  V. Rationale and Objectives of the Rule                  the TSCA Inventory is available on the                would be designated as significant new
                                                                                                           Internet at http://www.epa.gov/opptintr/              uses. The identities of 26 of the 37
                                                  A. Rationale
                                                                                                           existingchemicals/pubs/tscainventory/                 chemical substances subject to this rule
                                                     During review of the PMNs submitted                   index.html.                                           have been claimed as confidential and
                                                  for the chemical substances that are                                                                           EPA has received no post-PMN bona
                                                  subject to these SNURs, EPA concluded                    VI. Direct Final Procedures
                                                                                                                                                                 fide submissions (per §§ 720.25 and
                                                  that for 6 of the 37 chemical substances,                  EPA is issuing these SNURs as a                     721.11). Based on this, the Agency
                                                  regulation was warranted under TSCA                      direct final rule, as described in                    believes that it is highly unlikely that
                                                  section 5(e), pending the development                    § 14;721.160(c)(3) and                                any of the significant new uses
                                                  of information sufficient to make                        § 14;721.170(d)(4). In accordance with                described in the regulatory text of this
                                                  reasoned evaluations of the health or                    § 14;721.160(c)(3)(ii) and                            rule are ongoing.
                                                  environmental effects of the chemical                    § 14;721.170(d)(4)(i)(B), the effective                  Therefore, EPA designates June 1,
                                                  substances. The basis for such findings                  date of this rule is November 20, 2017                2017 which is the date of public release
                                                  is outlined in Unit IV. Based on these                   without further notice, unless EPA                    by posting on EPA’s Web site, as the
                                                  findings, TSCA section 5(e) consent                      receives written adverse or critical                  cutoff date for determining whether the
                                                  orders requiring the use of appropriate                  comments, or notice of intent to submit               new use is ongoing. This designation
                                                  exposure controls were negotiated with                   adverse or critical comments before                   varies slightly from EPA’s past practice
                                                  the PMN submitters. The SNUR                             October 23, 2017.                                     of designating the date of Federal
                                                  provisions for these chemical                              If EPA receives written adverse or                  Register publication as the date for
                                                  substances are consistent with the                       critical comments, or notice of intent to             making this determination. The
                                                  provisions of the TSCA section 5(e)                      submit adverse or critical comments, on               objective of EPA’s approach has been to
                                                  consent orders. These SNURs are                          one or more of these SNURs before                     ensure that a person could not defeat a
                                                  promulgated pursuant to § 14;721.160                     October 23, 2017, EPA will withdraw                   SNUR by initiating a significant new use
                                                  (see Unit VI.).                                          the relevant sections of this direct final            before the effective date of the direct
                                                     In the other 31 cases, where the uses                 rule before its effective date. EPA will              final rule. In developing this rule, EPA
                                                  are not regulated under a TSCA section                   then issue a proposed SNUR for the                    has recognized that, given EPA’s
                                                  5(e) consent order, EPA determined that                  chemical substance(s) on which adverse                practice of now posting rules on its Web
                                                  one or more of the criteria of concern                   or critical comments were received,                   site a week or more in advance of
                                                  established at § 14;721.170 were met, as                 providing a 30-day period for public                  Federal Register publication, this
                                                  discussed in Unit IV.                                    comment.                                              objective could be thwarted even before
                                                                                                             This rule establishes SNURs for a                   that publication. Thus, EPA has slightly
                                                  B. Objectives                                            number of chemical substances. Any                    modified its approach in this
                                                     EPA is issuing these SNURs for                        person who submits adverse or critical                rulemaking and plans to follow this
                                                  specific chemical substances which                       comments, or notice of intent to submit               modified approach in future significant
                                                  have undergone premanufacture review                     adverse or critical comments, must                    new use rulemakings.
                                                  because the Agency wants to achieve                      identify the chemical substance and the                  Persons who begin commercial
                                                  the following objectives with regard to                  new use to which it applies. EPA will                 manufacture or processing of the
                                                  the significant new uses designated in                   not withdraw a SNUR for a chemical                    chemical substances for a significant
                                                  this rule:                                               substance not identified in the                       new use identified as of that date would
                                                     • EPA will receive notice of any                      comment.                                              have to cease any such activity upon the
                                                  person’s intent to manufacture or                                                                              effective date of the final rule. To
                                                                                                           VII. Applicability of the Significant
                                                  process a listed chemical substance for                                                                        resume their activities, these persons
                                                                                                           New Use Designation
                                                  the described significant new use before                                                                       would have to first comply with all
                                                  that activity begins.                                      To establish a significant new use,                 applicable SNUR notification
                                                     • EPA will have an opportunity to                     EPA must determine that the use is not                requirements and wait until the notice
                                                  review and evaluate data submitted in a                  ongoing. The chemical substances                      review period, including any
                                                  SNUN before the notice submitter                         subject to this rule have undergone                   extensions, expires. If such a person met
                                                  begins manufacturing or processing a                     premanufacture review. In cases where                 the conditions of advance compliance
                                                  listed chemical substance for the                        EPA has not received a notice of                      under § 721.45(h), the person would be
                                                  described significant new use.                           commencement (NOC) and the chemical                   considered exempt from the
                                                     • EPA will be able to either determine                substance has not been added to the                   requirements of the SNUR. Consult the
                                                  that the prospective manufacture or                      TSCA Inventory, no person may                         Federal Register document of April 24,
                                                  processing is not likely to present an                   commence such activities without first                1990 for a more detailed discussion of
                                                  unreasonable risk, or to take necessary                  submitting a PMN. Therefore, for                      the cutoff date for ongoing uses.
                                                  regulatory action associated with any                    chemical substances for which an NOC
                                                  other determination, before the                          has not been submitted EPA concludes                  VIII. Development and Submission of
                                                  described significant new use of the                     that the designated significant new uses              Information
                                                  chemical substance occurs.                               are not ongoing.                                        EPA recognizes that TSCA section 5
                                                     • EPA will ensure that all                              When chemical substances identified                 does not require developing any
                                                  manufacturers and processors of the                      in this rule are added to the TSCA                    particular new information (e.g.,
                                                  same chemical substance that is subject                  Inventory, EPA recognizes that, before                generating test data) before submission
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                                                  to a TSCA section 5(e) consent order are                 the rule is effective, other persons might            of a SNUN. There is an exception:
                                                  subject to similar requirements.                         engage in a use that has been identified              Development of test data is required
                                                     Issuance of a SNUR for a chemical                     as a significant new use. However,                    where the chemical substance subject to
                                                  substance does not signify that the                      TSCA section 5(e) consent orders have                 the SNUR is also subject to a rule, order
                                                  chemical substance is listed on the                      been issued for 6 chemical substances,                or consent agreement under TSCA
                                                  TSCA Chemical Substance Inventory                        and the PMN submitters are prohibited                 section 4 (see TSCA section 5(b)(1)).
                                                  (TSCA Inventory). Guidance on how to                     by the TSCA section 5(e) consent orders                 In the absence of a TSCA section 4
                                                  determine if a chemical substance is on                  from undertaking activities which                     test rule covering the chemical


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                                                  44090            Federal Register / Vol. 82, No. 182 / Thursday, September 21, 2017 / Rules and Regulations

                                                  substance, persons are required only to                  section 5(e), particularly if satisfactory            annual production volume does not
                                                  submit information in their possession                   test results have not been obtained from              exceed that identified in the bona fide
                                                  or control and to describe any other                     a prior PMN or SNUN submitter. EPA                    submission to EPA. Because of
                                                  information known to or reasonably                       recommends that potential SNUN                        confidentiality concerns, EPA does not
                                                  ascertainable by them (see 40 CFR                        submitters contact EPA early enough so                typically disclose the actual production
                                                  720.50). However, upon review of PMNs                    that they will be able to conduct the                 volume that constitutes the use trigger.
                                                  and SNUNs, the Agency has the                            appropriate tests.                                    Thus, if the person later intends to
                                                  authority to require appropriate testing.                  SNUN submitters should be aware                     exceed that volume, a new bona fide
                                                  In cases where EPA issued a TSCA                         that EPA will be better able to evaluate              submission would be necessary to
                                                  section 5(e) consent order that requires                 SNUNs which provide detailed                          determine whether that higher volume
                                                  or recommends certain testing, Unit IV.                  information on the following:                         would be a significant new use.
                                                  lists those tests. Unit IV. also lists                     • Human exposure and
                                                                                                           environmental release that may result                 X. SNUN Submissions
                                                  recommended testing for non-TSCA
                                                  section 5(e) SNURs. Descriptions of tests                from the significant new use of the                     According to § 14;721.1(c), persons
                                                  are provided for informational purposes.                 chemical substances.                                  submitting a SNUN must comply with
                                                  EPA strongly encourages persons, before                    • Potential benefits of the chemical                the same notification requirements and
                                                  performing any testing, to consult with                  substances.                                           EPA regulatory procedures as persons
                                                  the Agency pertaining to protocol                          • Information on risks posed by the                 submitting a PMN, including
                                                  selection. To access the OCSPP test                      chemical substances compared to risks                 submission of test data on health and
                                                  guidelines referenced in this document                   posed by potential substitutes.                       environmental effects as described in 40
                                                  electronically, please go to http://                     IX. Procedural Determinations                         CFR 720.50. SNUNs must be submitted
                                                  www.epa.gov/ocspp and select ‘‘Test                                                                            on EPA Form No. 7710–25, generated
                                                  Methods and Guidelines.’’ The                               By this rule, EPA is establishing                  using e-PMN software, and submitted to
                                                  Organisation for Economic Co-operation                   certain significant new uses which have               the Agency in accordance with the
                                                  and Development (OECD) test                              been claimed as CBI subject to Agency                 procedures set forth in 40 CFR 720.40
                                                  guidelines are available from the OECD                   confidentiality regulations at 40 CFR                 and § 721.25. E–PMN software is
                                                  Bookshop at http://                                      part 2 and 40 CFR part 720, subpart E.                available electronically at http://
                                                  www.oecdbookshop.org or SourceOECD                       Absent a final determination or other                 www.epa.gov/opptintr/newchems.
                                                  at http://www.sourceoecd.org.                            disposition of the confidentiality claim
                                                                                                           under 40 CFR part 2 procedures, EPA is                XI. Economic Analysis
                                                     In the TSCA section 5(e) consent
                                                  orders for several of the chemical                       required to keep this information                       EPA has evaluated the potential costs
                                                  substances regulated under this rule,                    confidential. EPA promulgated a                       of establishing SNUN requirements for
                                                  EPA has established production volume                    procedure to deal with the situation                  potential manufacturers and processors
                                                  limits in view of the lack of data on the                where a specific significant new use is               of the chemical substances subject to
                                                  potential health and environmental                       CBI, at § 721.1725(b)(1).                             this rule. EPA’s complete economic
                                                  risks that may be posed by the                              Under these procedures a                           analysis is available in the docket under
                                                  significant new uses or increased                        manufacturer or processor may request                 docket ID number EPA–HQ–OPPT–
                                                  exposure to the chemical substances.                     EPA to determine whether a proposed                   2016–0331.
                                                  These limits cannot be exceeded unless                   use would be a significant new use
                                                                                                                                                                 XII. Statutory and Executive Order
                                                  the PMN submitter first submits the                      under the rule. The manufacturer or
                                                                                                                                                                 Reviews
                                                  results of toxicity tests that would                     processor must show that it has a bona
                                                  permit a reasoned evaluation of the                      fide intent to manufacture or process the             A. Executive Order 12866
                                                  potential risks posed by these chemical                  chemical substance and must identify                    This action establishes SNURs for
                                                  substances. Under recent TSCA section                    the specific use for which it intends to              several new chemical substances that
                                                  5(e) consent orders, each PMN submitter                  manufacture or process the chemical                   were the subject of PMNs, or TSCA
                                                  is required to submit each study at least                substance. If EPA concludes that the                  section 5(e) consent orders. The Office
                                                  14 weeks (earlier TSCA section 5(e)                      person has shown a bona fide intent to                of Management and Budget (OMB) has
                                                  consent orders required submissions at                   manufacture or process the chemical                   exempted these types of actions from
                                                  least 12 weeks) before reaching the                      substance, EPA will tell the person                   review under Executive Order 12866,
                                                  specified production limit. Listings of                  whether the use identified in the bona                entitled ‘‘Regulatory Planning and
                                                  the tests specified in the TSCA section                  fide submission would be a significant                Review’’ (58 FR 51735, October 4, 1993).
                                                  5(e) consent orders are included in Unit                 new use under the rule. Since most of
                                                                                                           the chemical identities of the chemical               B. Paperwork Reduction Act (PRA)
                                                  IV. The SNURs contain the same
                                                  production volume limits as the TSCA                     substances subject to these SNURs are                   According to PRA (44 U.S.C. 3501 et
                                                  section 5(e) consent orders. Exceeding                   also CBI, manufacturers and processors                seq.), an agency may not conduct or
                                                  these production limits is defined as a                  can combine the bona fide submission                  sponsor, and a person is not required to
                                                  significant new use. Persons who intend                  under the procedure in                                respond to a collection of information
                                                  to exceed the production limit must                      § 14;721.1725(b)(1) with that under                   that requires OMB approval under PRA,
                                                  notify the Agency by submitting a                        § 14;721.11 into a single step.                       unless it has been approved by OMB
                                                  SNUN at least 90 days in advance of                         If EPA determines that the use                     and displays a currently valid OMB
                                                  commencement of non-exempt                               identified in the bona fide submission                control number. The OMB control
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                                                  commercial manufacture or processing.                    would not be a significant new use, i.e.,             numbers for EPA’s regulations in title 40
                                                     The recommended tests specified in                    the use does not meet the criteria                    of the CFR, after appearing in the
                                                  Unit IV. may not be the only means of                    specified in the rule for a significant               Federal Register, are listed in 40 CFR
                                                  addressing the potential risks of the                    new use, that person can manufacture or               part 9, and included on the related
                                                  chemical substance. However,                             process the chemical substance so long                collection instrument or form, if
                                                  submitting a SNUN without any test                       as the significant new use trigger is not             applicable. EPA is amending the table in
                                                  data may increase the likelihood that                    met. In the case of a production volume               40 CFR part 9 to list the OMB approval
                                                  EPA will take action under TSCA                          trigger, this means that the aggregate                number for the information collection


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                                                                   Federal Register / Vol. 82, No. 182 / Thursday, September 21, 2017 / Rules and Regulations                                         44091

                                                  requirements contained in this action.                   certification), EPA believes that the                 H. Executive Order 13211
                                                  This listing of the OMB control numbers                  following are true:                                     This action is not subject to Executive
                                                  and their subsequent codification in the                   • A significant number of SNUNs                     Order 13211, entitled ‘‘Actions
                                                  CFR satisfies the display requirements                   would not be submitted by small                       Concerning Regulations That
                                                  of PRA and OMB’s implementing                            entities in response to the SNUR.                     Significantly Affect Energy Supply,
                                                  regulations at 5 CFR part 1320. This                       • Submission of the SNUN would not
                                                                                                                                                                 Distribution, or Use’’ (66 FR 28355, May
                                                  Information Collection Request (ICR)                     cost any small entity significantly more
                                                                                                                                                                 22, 2001), because this action is not
                                                  was previously subject to public notice                  than $8,300.
                                                                                                                                                                 expected to affect energy supply,
                                                  and comment prior to OMB approval,                         Therefore, the promulgation of the
                                                                                                                                                                 distribution, or use and because this
                                                  and given the technical nature of the                    SNUR would not have a significant
                                                                                                                                                                 action is not a significant regulatory
                                                  table, EPA finds that further notice and                 economic impact on a substantial
                                                                                                                                                                 action under Executive Order 12866.
                                                  comment to amend it is unnecessary. As                   number of small entities.
                                                  a result, EPA finds that there is ‘‘good                                                                       I. National Technology Transfer and
                                                                                                           D. Unfunded Mandates Reform Act
                                                  cause’’ under section 553(b)(3)(B) of the                                                                      Advancement Act (NTTAA)
                                                                                                           (UMRA)
                                                  Administrative Procedure Act (5 U.S.C.                                                                           In addition, since this action does not
                                                  553(b)(3)(B)) to amend this table                          Based on EPA’s experience with
                                                                                                           proposing and finalizing SNURs, State,                involve any technical standards,
                                                  without further notice and comment.                                                                            NTTAA section 12(d) (15 U.S.C. 272
                                                     The information collection                            local, and Tribal governments have not
                                                                                                           been impacted by these rulemakings,                   note), does not apply to this action.
                                                  requirements related to this action have
                                                  already been approved by OMB                             and EPA does not have any reasons to                  J. Executive Order 12898
                                                  pursuant to PRA under OMB control                        believe that any State, local, or Tribal                 This action does not entail special
                                                  number 2070–0012 (EPA ICR No. 574).                      government will be impacted by this                   considerations of environmental justice
                                                  This action does not impose any burden                   action. As such, EPA has determined                   related issues as delineated by
                                                  requiring additional OMB approval. If                    that this action does not impose any                  Executive Order 12898, entitled
                                                  an entity were to submit a SNUN to the                   enforceable duty, contain any unfunded                ‘‘Federal Actions to Address
                                                  Agency, the annual burden is estimated                   mandate, or otherwise have any effect                 Environmental Justice in Minority
                                                  to average between 30 and 170 hours                      on small governments subject to the                   Populations and Low-Income
                                                  per response. This burden estimate                       requirements of UMRA sections 202,                    Populations’’ (59 FR 7629, February 16,
                                                  includes the time needed to review                       203, 204, or 205 (2 U.S.C. 1501 et seq.).             1994).
                                                  instructions, search existing data                       E. Executive Order 13132
                                                  sources, gather and maintain the data                                                                          XIII. Congressional Review Act
                                                  needed, and complete, review, and                           This action will not have a substantial              Pursuant to the Congressional Review
                                                  submit the required SNUN.                                direct effect on States, on the                       Act (5 U.S.C. 801 et seq.), EPA will
                                                     Send any comments about the                           relationship between the national                     submit a report containing this rule and
                                                  accuracy of the burden estimate, and                     government and the States, or on the                  other required information to the U.S.
                                                  any suggested methods for minimizing                     distribution of power and                             Senate, the U.S. House of
                                                  respondent burden, including through                     responsibilities among the various                    Representatives, and the Comptroller
                                                  the use of automated collection                          levels of government, as specified in                 General of the United States prior to
                                                  techniques, to the Director, Collection                  Executive Order 13132, entitled                       publication of the rule in the Federal
                                                  Strategies Division, Office of                           ‘‘Federalism’’ (64 FR 43255, August 10,               Register. This action is not a ‘‘major
                                                  Environmental Information (2822T),                       1999).                                                rule’’ as defined by 5 U.S.C. 804(2).
                                                  Environmental Protection Agency, 1200                    F. Executive Order 13175
                                                  Pennsylvania Ave. NW., Washington,                                                                             List of Subjects
                                                  DC 20460–0001. Please remember to                          This action does not have Tribal
                                                                                                           implications because it is not expected               40 CFR Part 9
                                                  include the OMB control number in any
                                                  correspondence, but do not submit any                    to have substantial direct effects on                   Environmental protection, Reporting
                                                  completed forms to this address.                         Indian Tribes. This action does not                   and recordkeeping requirements.
                                                                                                           significantly nor uniquely affect the                 40 CFR Part 721
                                                  C. Regulatory Flexibility Act (RFA)                      communities of Indian Tribal
                                                    On February 18, 2012, EPA certified                    governments, nor does it involve or                     Environmental protection, Chemicals,
                                                  pursuant to RFA section 605(b) (5 U.S.C.                 impose any requirements that affect                   Hazardous substances, Reporting and
                                                  601 et seq.), that promulgation of a                     Indian Tribes. Accordingly, the                       recordkeeping requirements.
                                                  SNUR does not have a significant                         requirements of Executive Order 13175,                   Dated: April 5, 2017.
                                                  economic impact on a substantial                         entitled ‘‘Consultation and Coordination              Maria J. Doa,
                                                  number of small entities where the                       with Indian Tribal Governments’’ (65 FR               Director, Chemical Control Division, Office
                                                  following are true:                                      67249, November 9, 2000), do not apply                of Pollution Prevention and Toxics.
                                                    1. A significant number of SNUNs                       to this action.
                                                                                                                                                                   Therefore, 40 CFR parts 9 and 721 are
                                                  would not be submitted by small                          G. Executive Order 13045                              amended as follows:
                                                  entities in response to the SNUR.
                                                    2. The SNUR submitted by any small                       This action is not subject to Executive             PART 9—[AMENDED]
                                                  entity would not cost significantly more                 Order 13045, entitled ‘‘Protection of
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                                                  than $8,300.                                             Children from Environmental Health                    ■ 1. The authority citation for part 9
                                                    A copy of that certification is                        Risks and Safety Risks’’ (62 FR 19885,                continues to read as follows:
                                                  available in the docket for this action.                 April 23, 1997), because this is not an
                                                                                                                                                                    Authority: 7 U.S.C. 135 et seq., 136–136y;
                                                    This action is within the scope of the                 economically significant regulatory                   15 U.S.C. 2001, 2003, 2005, 2006, 2601–2671;
                                                  February 18, 2012 certification. Based                   action as defined by Executive Order                  21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33
                                                  on the Economic Analysis discussed in                    12866, and this action does not address               U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318,
                                                  Unit XI. and EPA’s experience                            environmental health or safety risks                  1321, 1326, 1330, 1342, 1344, 1345 (d) and
                                                  promulgating SNURs (discussed in the                     disproportionately affecting children.                (e), 1361; E.O. 11735, 38 FR 21243, 3 CFR,



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                                                  44092            Federal Register / Vol. 82, No. 182 / Thursday, September 21, 2017 / Rules and Regulations

                                                  1971–1975 Comp. p. 973; 42 U.S.C. 241,                           ■ 4. Add § 721.10961 to subpart E to                   ■ 6. Add § 721.10963 to subpart E to
                                                  242b, 243, 246, 300f, 300g, 300g–1, 300g–2,                      read as follows:                                       read as follows:
                                                  300g–3, 300g–4, 300g–5, 300g–6, 300j–1,
                                                  300j–2, 300j–3, 300j–4, 300j–9, 1857 et seq.,                    § 721.10961 Ethylene glycol ester of an                § 721.10963 Alkanoic acid,
                                                  6901–6992k, 7401–7671q, 7542, 9601–9657,                         aromatic substituted propenoic acid                    tetramethylheteromonocycle ester
                                                  11023, 11048.                                                    (generic).                                             (generic).
                                                  ■  2. In § 9.1, add the following sections                          (a) Chemical substance and                             (a) Chemical substance and
                                                  in numerical order under the                                     significant new uses subject to reporting.             significant new uses subject to reporting.
                                                  undesignated center heading                                      (1) The chemical substance identified                  (1) The chemical substance identified
                                                  ‘‘Significant New Uses of Chemical                               generically as ethylene glycol ester of an             generically as alkanoic acid,
                                                  Substances’’ to read as follows:                                 aromatic substituted propenoic acid                    tetramethylheteromonocycle ester (PMN
                                                                                                                   (PMN P–05–436) is subject to reporting                 P–13–289) is subject to reporting under
                                                  § 9.1 OMB approvals under the Paperwork
                                                  Reduction Act.
                                                                                                                   under this section for the significant                 this section for the significant new uses
                                                                                                                   new uses described in paragraph (a)(2)                 described in paragraph (a)(2) of this
                                                  *      *        *          *         *                           of this section.                                       section.
                                                                                                                      (2) The significant new uses are:                      (2) The significant new uses are:
                                                                                                   OMB
                                                         40 CFR citation                         control No.          (i) Release to water. Requirements as                  (i) Release to water. Requirements as
                                                                                                                   specified in § 721.90(a)(4), (b)(4), and               specified in § 721.90(a)(4), (b)(4), and
                                                                                                                   (c)(4) (N=10).                                         (c)(4) (N=2).
                                                                                                                      (ii) [Reserved]                                        (ii) [Reserved]
                                                  *          *               *               *         *              (b) Specific requirements. The                         (b) Specific requirements. The
                                                                                                                   provisions of subpart A of this part                   provisions of subpart A of this part
                                                  Significant New Uses of Chemical Sub-                            apply to this section except as modified               apply to this section except as modified
                                                    stances                                                        by this paragraph.                                     by this paragraph.
                                                  *          *               *               *         *
                                                                                                                      (1) Recordkeeping. Recordkeeping                       (1) Recordkeeping. Recordkeeping
                                                                                                                   requirements as specified in                           requirements as specified in
                                                  721.10961      .............................     2070–0012       § 721.125(a) through (c) and (k) are                   § 721.125(a) through (c) and (k) are
                                                  721.10962      .............................     2070–0012       applicable to manufacturers and                        applicable to manufacturers and
                                                  721.10963      .............................     2070–0012       processors of this substance.                          processors of this substance.
                                                  721.10964      .............................     2070–0012          (2) Limitations or revocation of                       (2) Limitations or revocation of
                                                  721.10965      .............................     2070–0012       certain notification requirements. The                 certain notification requirements. The
                                                  721.10966      .............................     2070–0012       provisions of § 721.185 apply to this                  provisions of § 721.185 apply to this
                                                  721.10967      .............................     2070–0012       section.                                               section.
                                                  721.10968      .............................     2070–0012
                                                  721.10969      .............................     2070–0012       ■ 5. Add § 721.10962 to subpart E to                   ■ 7. Add § 721.10964 to subpart E to
                                                  721.10970      .............................     2070–0012       read as follows:                                       read as follows:
                                                  721.10971      .............................     2070–0012
                                                  721.10972      .............................     2070–0012       § 721.10962       Phosphoric acid, metal salt          § 721.10964 Polyether polyester urethane
                                                  721.10973      .............................     2070–0012       (generic).                                             phosphate (generic).
                                                  721.10974      .............................     2070–0012          (a) Chemical substance and                             (a) Chemical substance and
                                                  721.10975      .............................     2070–0012
                                                  721.10976      .............................     2070–0012       significant new uses subject to reporting.             significant new uses subject to reporting.
                                                  721.10977      .............................     2070–0012       (1) The chemical substance identified                  (1) The chemical substance identified
                                                  721.10978      .............................     2070–0012       generically as phosphoric acid, metal                  generically as polyether polyester
                                                  721.10979      .............................     2070–0012       salt (PMN P–10–504) is subject to                      urethane phosphate (PMN P–13–908) is
                                                  721.10980      .............................     2070–0012       reporting under this section for the                   subject to reporting under this section
                                                  721.10981      .............................     2070–0012       significant new uses described in                      for the significant new uses described in
                                                  721.10982      .............................     2070–0012       paragraph (a)(2) of this section.                      paragraph (a)(2) of this section.
                                                  721.10983      .............................     2070–0012          (2) The significant new uses are:                      (2) The significant new uses are:
                                                  721.10984      .............................     2070–0012
                                                                                                                      (i) Industrial, commercial, and                        (i) Industrial, commercial, and
                                                  721.10985      .............................     2070–0012
                                                  721.10986      .............................     2070–0012       consumer activities. Requirements as                   consumer activities. Requirements as
                                                  721.10987      .............................     2070–0012       specified in § 721.80(j) and (s) (100,000              specified in § 721.80(f), (j) and (s) (1,000
                                                  721.10988      .............................     2070–0012       kilograms).                                            kilograms).
                                                  721.10989      .............................     2070–0012          (ii) [Reserved]                                        (ii) [Reserved]
                                                  721.10990      .............................     2070–0012          (b) Specific requirements. The                         (b) Specific requirements. The
                                                  721.10991      .............................     2070–0012       provisions of subpart A of this part                   provisions of subpart A of this part
                                                  721.10992      .............................     2070–0012       apply to this section except as modified               apply to this section except as modified
                                                  721.10993      .............................     2070–0012       by this paragraph.                                     by this paragraph.
                                                  721.10994      .............................     2070–0012          (1) Recordkeeping. Recordkeeping                       (1) Recordkeeping. Recordkeeping
                                                  721.10995      .............................     2070–0012
                                                                                                                   requirements as specified in                           requirements as specified in
                                                  *          *               *               *         *           § 721.125(a) through (c) and (i) are                   § 721.125(a) through (c) and (i) are
                                                                                                                   applicable to manufacturers and                        applicable to manufacturers and
                                                                                                                   processors of this substance.                          processors of this substance.
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                                                  *      *        *          *         *                              (2) Limitations or revocation of                       (2) Limitations or revocation of
                                                                                                                   certain notification requirements. The                 certain notification requirements. The
                                                  PART 721—[AMENDED]                                               provisions of § 721.185 apply to this                  provisions of § 721.185 apply to this
                                                                                                                   section.                                               section.
                                                  ■ 3. The authority citation for part 721                            (3) Determining whether a specific use                 (3) Determining whether a specific use
                                                  continues to read as follows:                                    is subject to this section. The provisions             is subject to this section. The provisions
                                                    Authority: 15 U.S.C. 2604, 2607, and                           of § 721.1725(b)(1) apply to paragraph                 of § 721.1725(b)(1) apply to paragraph
                                                  2625(c).                                                         (a)(2)(i) of this section.                             (a)(2)(ii) of this section.


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                                                                   Federal Register / Vol. 82, No. 182 / Thursday, September 21, 2017 / Rules and Regulations                                              44093

                                                  ■ 8. Add § 14;721.10965 to subpart E to                  shall be considered and implemented to                provisions of § 721.185 apply to this
                                                  read as follows:                                         prevent exposure, where feasible. The                 section.
                                                                                                           following National Institute for                      ■ 10. Add § 14;721.10967 to subpart E to
                                                  § 721.10965      Propanamide, 2-hydroxy-N,N-             Occupational Safety and Health
                                                  dimethyl-.                                                                                                     read as follows:
                                                                                                           (NIOSH)-certified respirator with an
                                                     (a) Chemical substance and                            Applied Protection Factor (APF) of at                 § 721.10967       Pyrolysis oil product
                                                  significant new uses subject to reporting.               least 10 meet the requirements of                     (generic).
                                                  (1) The chemical substance identified as                 § 721.63(a)(4):                                          (a) Chemical substance and
                                                  propanamide, 2-hydroxy-N,N-dimethyl-                        (1) NIOSH-certified air-purifying half             significant new uses subject to reporting.
                                                  (PMN P–14–129, CAS No. 35123–06–9)                       mask respirator equipped with a gas/                  (1) The chemical substance identified
                                                  is subject to reporting under this section               vapor (organic vapor) cartridge.                      generically as pyrolysis oil product
                                                  for the significant new uses described in                   (2) NIOSH-certified powered air-                   (PMN P–14–759) is subject to reporting
                                                  paragraph (a)(2) of this section.                        purifying respirator with a hood or                   under this section for the significant
                                                     (2) The significant new uses are:                     helmet and with a gas/vapor (organic                  new uses described in paragraph (a)(2)
                                                     (i) Protection in the workplace.                      vapor) cartridge.                                     of this section.
                                                  Requirements as specified in                                (3) NIOSH-certified negative pressure                 (2) The significant new uses are:
                                                  § 721.63(a)(1), (a)(2)(i), (a)(3), and (b)               (demand) supplied-air respirator with a                  (i) Protection in the workplace. (A)
                                                  (concentration set at 1.0 percent).                      half-mask.                                            Requirements as specified in
                                                     (ii) Industrial, commercial, and                         (4) NIOSH-certified continuous flow                § 721.63(a)(1), (a)(3), (a)(4), (a)(6)
                                                  consumer activities. Requirements as                     supplied-air respirator with a loose                  (particulate and gas/vapor), (b)
                                                  specified in § 721.80(j) and (o).                        fitting facepiece, hood, or helmet.                   (concentration set at 0.1 percent), and
                                                     (b) Specific requirements. The                           (5) NIOSH-certified negative pressure              (c). When determining which persons
                                                  provisions of subpart A of this part                     (demand) self-contained breathing                     are reasonably likely to be exposed as
                                                  apply to this section except as modified                 apparatus (SCBA) with a half-mask.                    required for § 721.63(a)(1) and (a)(4),
                                                  by this paragraph.                                          (B) As an alternative to the respirator            engineering control measures (e.g.,
                                                     (1) Recordkeeping. Recordkeeping                      requirements in paragraph (a)(2)(i) of                enclosure or confinement of the
                                                  requirements as specified in                             this section, a manufacturer or processor             operation, general and local ventilation)
                                                  § 721.125(a) through (e) and (i) are                     may choose to follow the new chemical                 or administrative control measures (e.g.,
                                                  applicable to manufacturers and                          exposure limit (NCEL) provision listed                workplace policies and procedures)
                                                  processors of this substance.                            in the TSCA section 5(e) consent order                shall be considered and implemented to
                                                     (2) Limitations or revocation of                      for this substance. The NCEL is 1.0 parts             prevent exposure, where feasible. The
                                                  certain notification requirements. The                   per million (ppm) as an 8-hour time                   following National Institute for
                                                  provisions of § 721.185 apply to this                    weighted average. Persons who wish to                 Occupational Safety and Health
                                                  section.                                                 pursue NCELs as an alternative to                     (NIOSH)-certified respirator with an
                                                     (3) Determining whether a specific use                § 721.63 respirator requirements may                  Applied Protection Factor (APF) of at
                                                  is subject to this section. The provisions               request to do so under § 721.30. Persons              least 10 meet the requirements of
                                                  of § 721.1725(b)(1) apply to paragraph                   whose § 721.30 requests to use the                    § 721.63(a)(4):
                                                  (a)(2)(ii) of this section.                              NCELs approach are approved by EPA                       (1) NIOSH-certified air-purifying half
                                                  ■ 9. Add § 14;721.10966 to subpart E to                  will be required to follow NCELs                      mask respirator equipped with an
                                                  read as follows:                                         provisions comparable to those                        organic vapor cartridge.
                                                                                                           contained in the corresponding TSCA                      (2) NIOSH-certified powered air-
                                                  § 721.10966      1-Propene, 2-bromo-3,3,3-               section 5(e) consent order.                           purifying respirator with a hood or
                                                  trifluoro-.                                                 (ii) Hazard communication program.                 helmet and with an organic vapor
                                                     (a) Chemical substance and                            Requirements as specified in § 721.72(a)              cartridge.
                                                  significant new uses subject to reporting.               through (e) (concentration set at 1.0                    (3) NIOSH-certified negative pressure
                                                  (1) The chemical substance identified as                 percent), (f), (g)(1) (cardiac sensitization          (demand) supplied-air respirator with a
                                                  1-propene, 2-bromo-3,3,3-trifluoro-                      and reproductive effects), (g)(2)(i),                 half-mask.
                                                  (PMN P–14–260, CAS No. 1514–82–5) is                     (g)(2)(ii), (g)(2)(iv), (g)(2)(v), and (g)(5).           (4) NIOSH-certified continuous flow
                                                  subject to reporting under this section                     (iii) Industrial, commercial, and                  supplied-air respirator with a loose
                                                  for the significant new uses described in                consumer activities. Requirements as                  fitting facepiece, hood, or helmet.
                                                  paragraph (a)(2) of this section. The                    specified in § 721.80(c), (f), and (k) (A                (5) NIOSH-certified negative pressure
                                                  requirements of this rule do not apply                   significant new use is any use other                  (demand) self-contained breathing
                                                  to quantities of the PMN substance after                 than as either a total flooding agent in              apparatus (SCBA) with a half-mask.
                                                  they have been charged into a fire                       unoccupied spaces, specifically engine                   (B) As an alternative to the respirator
                                                  extinguisher or fire extinguishing                       nacelles and auxiliary power units                    requirements in paragraph (a)(2)(i) of
                                                  system.                                                  (APUs) in aircraft; or as a streaming fire            this section, a manufacturer or processor
                                                     (2) The significant new uses are:                     extinguishing agent for use only in                   may choose to follow the new chemical
                                                     (i) Protection in the workplace. (A)                  handheld extinguishers in aircraft).                  exposure limit (NCEL) provision listed
                                                  Requirements as specified in                                (b) Specific requirements. The                     in the TSCA section 5(e) consent order
                                                  § 721.63(a)(1), (a)(3), (a)(4), (a)(6)(v),               provisions of subpart A of this part                  for this substance. The NCEL is 0.5 parts
                                                  (a)(6)(vi), (b) (concentration set at 1.0                apply to this section except as modified              per million (ppm) as an 8-hour time
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                                                  percent), and (c). When determining                      by this paragraph.                                    weighted average. Persons who wish to
                                                  which persons are reasonably likely to                      (1) Recordkeeping. Recordkeeping                   pursue NCELs as an alternative to
                                                  be exposed as required for § 721.63(a)(1)                requirements as specified in                          § 721.63 respirator requirements may
                                                  and (a)(4), engineering control measures                 § 721.125(a) through (i) are applicable to            request to do so under § 721.30. Persons
                                                  (e.g., enclosure or confinement of the                   manufacturers and processors of this                  whose § 721.30 requests to use the
                                                  operation, general and local ventilation)                substance.                                            NCELs approach are approved by EPA
                                                  or administrative control measures (e.g.,                   (2) Limitations or revocation of                   will be required to follow NCELs
                                                  workplace policies and procedures)                       certain notification requirements. The                provisions comparable to those


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                                                  44094            Federal Register / Vol. 82, No. 182 / Thursday, September 21, 2017 / Rules and Regulations

                                                  contained in the corresponding TSCA                         (2) The significant new uses are:                  section for the significant new uses
                                                  section 5(e) consent order.                                 (i) Hazard communication program. A                described in paragraph (a)(2) of this
                                                     (ii) Industrial, commercial, and                      significant new use of the substance is               section. The requirements of this rule do
                                                  consumer activities. Requirements as                     any manner or method of manufacture                   not apply to quantities of the PMN
                                                  specified in § 721.80(k).                                or processing associated with any use of              substance after they have been added to
                                                     (iii) Release to water. Requirements as               the substance without providing risk                  engine oil.
                                                  specified in § 721.90(a)(4), (b)(4), and                 notification as follows:                                 (i) Hazard communication program. A
                                                  (c)(4) (N=20).                                              (A) If as a result of the test data                significant new use of the substance is
                                                     (b) Specific requirements. The                        required under TSCA section 5(e)                      any manner or method of manufacture
                                                  provisions of subpart A of this part                     consent order for the substance, the                  or processing associated with any use of
                                                  apply to this section except as modified                 employer becomes aware that the                       the substance without providing risk
                                                  by this paragraph.                                       substances may present a risk of injury               notification as follows:
                                                     (1) Recordkeeping. Recordkeeping                      to human health or the environment, the                  (A) If as a result of the test data
                                                  requirements as specified in                             employer must incorporate this new                    required under TSCA section 5(e)
                                                  § 721.125(a) through (e), (i) and (k) are                information, and any information on                   consent order for the substance, the
                                                  applicable to manufacturers and                          methods for protecting against such risk,             employer becomes aware that the
                                                  processors of this substance.                            into an SDS as described in § 721.72(c)               substances may present a risk of injury
                                                     (2) Limitations or revocation of                      within 90 days from the time the                      to human health or the environment, the
                                                  certain notification requirements. The                   employer becomes aware of the new                     employer must incorporate this new
                                                  provisions of § 721.185 apply to this                    information. If the substance is not                  information, and any information on
                                                  section.                                                 being manufactured, processed, or used                methods for protecting against such risk,
                                                     (3) Determining whether a specific use                                                                      into an SDS as described in § 721.72(c)
                                                                                                           in the employer’s workplace, the
                                                  is subject to this section. The provisions                                                                     within 90 days from the time the
                                                                                                           employer must add the new information
                                                  of § 721.1725(b)(1) apply to paragraph                                                                         employer becomes aware of the new
                                                                                                           to an SDS before the substance is
                                                  (a)(2)(ii) of this section.                                                                                    information. If the substance is not
                                                                                                           reintroduced into the workplace.
                                                  ■ 11. Add § 14;721.10968 to subpart E to                    (B) The employer must ensure that                  being manufactured, processed, or used
                                                  read as follows:                                         persons who will receive the PMN                      in the employer’s workplace, the
                                                  § 721.10968 1-Octanamine, 7 (or 8)-                      substance from the employer, or who                   employer must add the new information
                                                  (aminomethyl)-.                                          have received the PMN substance from                  to an SDS before the substance is
                                                     (a) Chemical substance and                            the employer within 5 years from the                  reintroduced into the workplace.
                                                  significant new uses subject to reporting.               date the employer becomes aware of the                   (B) The employer must ensure that
                                                  (1) The chemical substance identified as                 new information described in paragraph                persons who will receive the PMN
                                                  1-octanamine, 7 (or 8)-(aminomethyl)-                    (a)(2)(i)(A) of this section, are provided            substance from the employer, or who
                                                  (PMN P–15–279, CAS No. 1613320–81–                       an SDS containing the information                     have received the PMN substance from
                                                  2) is subject to reporting under this                    required under paragraph (a)(2)(i)(A) of              the employer within 5 years from the
                                                  section for the significant new uses                     this section within 90 days from the                  date the employer becomes aware of the
                                                  described in paragraph (a)(2) of this                    time the employer becomes aware of the                new information described in paragraph
                                                  section.                                                 new information.                                      (a)(2)(i)(A) of this section, are provided
                                                     (2) The significant new uses are:                        (ii) Industrial, commercial, and                   an SDS containing the information
                                                     (i) Release to water. Requirements as                 consumer activities. Requirements as                  required under paragraph (a)(2)(i)(A) of
                                                  specified in § 721.90(a)(4), (b)(4), and                 specified in § 721.80(q).                             this section within 90 days from the
                                                  (c)(4) (N=123).                                             (b) Specific requirements. The                     time the employer becomes aware of the
                                                     (ii) [Reserved]                                       provisions of subpart A of this part                  new information.
                                                     (b) Specific requirements. The                        apply to this section except as modified                 (ii) Industrial, commercial, and
                                                  provisions of subpart A of this part                     by this paragraph.                                    consumer activities. Requirements as
                                                  apply to this section except as modified                    (1) Recordkeeping. Recordkeeping                   specified in § 721.80(q).
                                                  by this paragraph.                                       requirements as specified in                             (iii) Release to water. Requirements as
                                                     (1) Recordkeeping. Recordkeeping                      § 721.125(a) through (c), (h) and (i) are             specified in § 721.90(a)(1), (b)(1), and
                                                  requirements as specified in                             applicable to manufacturers and                       (c)(1).
                                                  § 721.125(a) through (c) and (k) are                     processors of this substance.                            (2) [Reserved]
                                                  applicable to manufacturers and                             (2) Limitations or revocation of                      (b) Specific requirements. The
                                                  processors of this substance.                            certain notification requirements. The                provisions of subpart A of this part
                                                     (2) Limitations or revocation of                      provisions of § 721.185 apply to this                 apply to this section except as modified
                                                  certain notification requirements. The                   section.                                              by this paragraph.
                                                  provisions of § 721.185 apply to this                       (3) Determining whether a specific use                (1) Recordkeeping. Recordkeeping
                                                  section.                                                 is subject to this section. The provisions            requirements as specified in
                                                  ■ 12. Add § 721.10969 to subpart E to                    of § 721.1725(b)(1) apply to paragraph                § 721.125(a) through (c), (h), (i) and (k)
                                                  read as follows:                                         (a)(2)(ii) of this section.                           are applicable to manufacturers and
                                                                                                           ■ 13. Add § 721.10970 to subpart E to                 processors of this substance.
                                                  § 721.10969 Substituted alkanolamine                     read as follows:                                         (2) Limitations or revocation of
                                                  ether (generic).                                                                                               certain notification requirements. The
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                                                    (a) Chemical substance and                             § 721.10970 Butanedioic acid, alkyl amine,            provisions of § 721.185 apply to this
                                                  significant new uses subject to reporting.               dimethylbutyl ester (generic).                        section.
                                                  (1) The chemical substance identified                      (a) Chemical substance and                             (3) Determining whether a specific use
                                                  generically as substituted alkanolamine                  significant new uses subject to reporting.            is subject to this section. The provisions
                                                  ether (PMN P–15–409) is subject to                       (1) The chemical substance identified                 of § 721.1725(b)(1) apply to paragraph
                                                  reporting under this section for the                     generically as butanedioic acid, alkyl                (a)(2)(ii) of this section.
                                                  significant new uses described in                        amine, dimethylbutyl ester (PMN P–15–                 ■ 14. Add § 721.10971 to subpart E to
                                                  paragraph (a)(2) of this section.                        583) is subject to reporting under this               read as follows:


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                                                                   Federal Register / Vol. 82, No. 182 / Thursday, September 21, 2017 / Rules and Regulations                                         44095

                                                  § 721.10971      Carbon nanotube (generic).              (1) The chemical substance identified                 of § 721.1725(b)(1) apply to paragraph
                                                     (a) Chemical substance and                            generically as metal salt of mineral acid,            (a)(2)(i) of this section.
                                                  significant new uses subject to reporting.               reaction products with alumina,                       ■ 17. Add § 721.10974 to subpart E to
                                                  (1) The chemical substance identified                    aluminum hydroxide, aluminum                          read as follows:
                                                  generically as carbon nanotube (PMN                      hydroxide oxide (Al(OH)O), silica,
                                                  P–15–672) is subject to reporting under                  titanium oxide (TiO2) and 3-                          § 721.10974 Halogenated bisphenol A,
                                                                                                                                                                 polymer with bisphenol A diglycidyl ether
                                                  this section for the significant new uses                (triethoxysilyl)-1-propanamine (PMN
                                                                                                                                                                 and epoxidized phenol-formaldehyde resin,
                                                  described in paragraph (a)(2) of this                    P–15–678) is subject to reporting under               alkenoate (generic).
                                                  section.                                                 this section for the significant new uses
                                                                                                                                                                    (a) Chemical substance and
                                                     (2) The significant new uses are:                     described in paragraph (a)(2) of this
                                                                                                                                                                 significant new uses subject to reporting.
                                                     (i) Protection in the workplace.                      section.
                                                                                                                                                                 (1) The chemical substances identified
                                                  Requirements as specified in                                (2) The significant new uses are:
                                                                                                                                                                 generically as halogenated bisphenol A,
                                                  § 721.63(a)(1), (a)(2)(i), (a)(2)(ii), (a)(3),              (i) Industrial, commercial, and
                                                                                                                                                                 polymer with bisphenol A diglycidyl
                                                  (a)(4), (a)(6) (particulate), and (c). When              consumer activities. Requirements as
                                                                                                                                                                 ether and epoxidized phenol-
                                                  determining which persons are                            specified in § 721.80(j).
                                                                                                              (ii) [Reserved]                                    formaldehyde resin, alkenoate (PMN
                                                  reasonably likely to be exposed as
                                                                                                              (b) Specific requirements. The                     P–15–767) is subject to reporting under
                                                  required for § 721.63(a)(1) and (a)(4),
                                                                                                           provisions of subpart A of this part                  this section for the significant new uses
                                                  engineering control measures (e.g.,
                                                                                                           apply to this section except as modified              described in paragraph (a)(2) of this
                                                  enclosure or confinement of the
                                                                                                           by this paragraph.                                    section.
                                                  operation, general and local ventilation)                                                                         (2) The significant new uses are:
                                                  or administrative control measures (e.g.,                   (1) Recordkeeping. Recordkeeping
                                                                                                                                                                    (i) Industrial, commercial, and
                                                  workplace policies and procedures)                       requirements as specified in
                                                                                                                                                                 consumer activities. Requirements as
                                                  shall be considered and implemented to                   § 721.125(a) through (c) and (i) are
                                                                                                                                                                 specified in § 721.80(j), (o) and (s)
                                                  prevent exposure, where feasible. A                      applicable to manufacturers and
                                                                                                                                                                 (10,000 kilograms).
                                                  National Institute for Occupational                      processors of this substance.                            (ii) [Reserved]
                                                  Safety and Health (NIOSH)-certified                         (2) Limitations or revocation of                      (b) Specific requirements. The
                                                  respirators with an N–100, P–100, or                     certain notification requirements. The                provisions of subpart A of this part
                                                  R–100 cartridge meet the requirements                    provisions of § 721.185 apply to this                 apply to this section except as modified
                                                  of § 721.63(a)(4).                                       section.                                              by this paragraph.
                                                     (ii) Industrial, commercial, and                         (3) Determining whether a specific use                (1) Recordkeeping. Recordkeeping
                                                  consumer activities. Requirements as                     is subject to this section. The provisions            requirements as specified in
                                                  specified in § 721.80. It is a significant               of § 721.1725(b)(1) apply to paragraph                § 721.125(a) through (c) and (i) are
                                                  new use to process or use the chemical                   (a)(2)(i) of this section.                            applicable to manufacturers and
                                                  substance other than as an aqueous                       ■ 16. Add § 721.10973 to subpart E to                 processors of this substance.
                                                  slurry, wet form, or a contained dry                     read as follows:                                         (2) Limitations or revocation of
                                                  form as described in the PMN.                                                                                  certain notification requirements. The
                                                     (iii) Disposal. Requirements as                       § 721.10973 Halogenated bisphenol A,
                                                                                                           polymer with epichlorohydrin, alkenoate
                                                                                                                                                                 provisions of § 721.185 apply to this
                                                  specified in § 721.85(a)(1), (a)(2), (b)(1),             (generic).                                            section.
                                                  (b)(2), (c)(1), and (c)(2).                                                                                       (3) Determining whether a specific use
                                                     (iv) Release to water. Requirements as                   (a) Chemical substance and
                                                                                                                                                                 is subject to this section. The provisions
                                                  specified in § 721.90(a)(1), (b)(1), and                 significant new uses subject to reporting.
                                                                                                                                                                 of § 721.1725(b)(1) apply to paragraph
                                                  (c)(1).                                                  (1) The chemical substance identified
                                                                                                                                                                 (a)(2)(i) of this section.
                                                     (b) Specific requirements. The                        generically as halogenated bisphenol A,
                                                                                                                                                                 ■ 18. Add § 721.10975 to subpart E to
                                                  provisions of subpart A of this part                     polymer with epichlorohydrin,
                                                                                                           alkenoate (PMN P–15–766) is subject to                read as follows:
                                                  apply to this section except as modified
                                                  by this paragraph.                                       reporting under this section for the                  § 721.10975 Silicon, tris[dialkyl phenyl]-
                                                     (1) Recordkeeping. Recordkeeping                      significant new uses described in                     dialkyl-dioxoalkane-naphthalene
                                                  requirements as specified in                             paragraph (a)(2) of this section.                     disulfonate (generic).
                                                  § 721.125(a) through (e) and (i) through                    (2) The significant new uses are:                     (a) Chemical substance and
                                                  (k) are applicable to manufacturers and                     (i) Industrial, commercial, and                    significant new uses subject to reporting.
                                                  processors of this substance.                            consumer activities. Requirements as                  (1) The chemical substance identified
                                                     (2) Limitations or revocation of                      specified in § 721.80(j), (o) and (s)                 generically as silicon, tris[dialkyl
                                                  certain notification requirements. The                   (10,000 kilograms).                                   phenyl]-dialkyl-dioxoalkane-
                                                  provisions of § 721.185 apply to this                       (ii) [Reserved]                                    naphthalene disulfonate (PMN P–16–14)
                                                  section.                                                    (b) Specific requirements. The                     is subject to reporting under this section
                                                     (3) Determining whether a specific use                provisions of subpart A of this part                  for the significant new uses described in
                                                  is subject to this section. The provisions               apply to this section except as modified              paragraph (a)(2) of this section.
                                                  of § 721.1725(b)(1) apply to paragraph                   by this paragraph.                                       (2) The significant new uses are:
                                                  (a)(2)(iii) of this section.                                (1) Recordkeeping. Recordkeeping                      (i) Industrial, commercial, and
                                                                                                           requirements as specified in                          consumer activities. Requirements as
                                                  ■ 15. Add § 721.10972 to subpart E to
                                                                                                           § 721.125(a) through (c) and (i) are                  specified in § 721.80(j). The significant
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                                                  read as follows:                                         applicable to manufacturers and                       new use is use other than as described
                                                  § 721.10972 Metal salt of mineral acid,                  processors of this substance.                         in PMN–16–14 where the surface water
                                                  reaction products with alumina, aluminum                    (2) Limitations or revocation of                   concentrations described in paragraph
                                                  hydroxide, aluminum hydroxide oxide                      certain notification requirements. The                (a)(3)(i) are exceeded.
                                                  (Al(OH)O), silica, titanium oxide (TiO2) and             provisions of § 721.185 apply to this                    (ii) [Reserved]
                                                  3-(triethoxysilyl)-1-propanamine (generic).              section.                                                 (3) The significant new uses for any
                                                    (a) Chemical substance and                                (3) Determining whether a specific use             use other than as described in PMN–16–
                                                  significant new uses subject to reporting.               is subject to this section. The provisions            14:


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                                                  44096            Federal Register / Vol. 82, No. 182 / Thursday, September 21, 2017 / Rules and Regulations

                                                     (i) Release to water. Requirements as                   (ii) [Reserved]                                     apply to this section except as modified
                                                  specified in § 721.90(a)(4), (b)(4), and                   (b) Specific requirements. The                      by this paragraph.
                                                  (c)(4) (N=6).                                            provisions of subpart A of this part                    (1) Recordkeeping. Recordkeeping
                                                     (ii) [Reserved]                                       apply to this section except as modified              requirements as specified in
                                                     (b) Specific requirements. The                        by this paragraph.                                    § 721.125(a) through (c) and (i) are
                                                  provisions of subpart A of this part                       (1) Recordkeeping. Recordkeeping                    applicable to manufacturers and
                                                  apply to this section except as modified                 requirements as specified in                          processors of this substance.
                                                  by this paragraph.                                       § 721.125(a) through (c) and (k) are                    (2) Limitations or revocation of
                                                     (1) Recordkeeping. Recordkeeping                      applicable to manufacturers and                       certain notification requirements. The
                                                  requirements as specified in                             processors of this substance.                         provisions of § 721.185 apply to this
                                                  § 721.125(a) through (c), (i), and (k) are                 (2) Limitations or revocation of                    section.
                                                  applicable to manufacturers and                          certain notification requirements. The                ■ 23. Add § 721.10980 to subpart E to
                                                  processors of this substance.                            provisions of § 721.185 apply to this                 read as follows:
                                                     (2) Limitations or revocation of                      section.
                                                  certain notification requirements. The                   ■ 21. Add § 721.10978 to subpart E to                 § 721.10980 Perfluoropolyether modified
                                                  provisions of § 721.185 apply to this                    read as follows:                                      organosilane (generic).
                                                  section.                                                                                                          (a) Chemical substance and
                                                                                                           § 721.10978 Fattyalkylaminopropanoate                 significant new uses subject to reporting.
                                                     (3) Determining whether a specific use
                                                                                                           ester (generic).
                                                  is subject to this section. The provisions                                                                     (1) The chemical substance identified
                                                  of § 721.1725(b)(1) apply to paragraph                      (a) Chemical substance and                         generically as perfluoropolyether
                                                  (a)(2)(ii) of this section.                              significant new uses subject to reporting.            modified organosilane (PMN P–16–94)
                                                                                                           (1) The chemical substance identified                 is subject to reporting under this section
                                                  ■ 19. Add § 721.10976 to subpart E to
                                                                                                           generically as                                        for the significant new uses described in
                                                  read as follows:                                         fattyalkylaminopropanoate ester (PMN                  paragraph (a)(2) of this section.
                                                  § 721.10976      Tar acids fraction (generic).           P–16–60) is subject to reporting under                   (2) The significant new uses are:
                                                     (a) Chemical substance and                            this section for the significant new uses                (i) Industrial, commercial, and
                                                  significant new uses subject to reporting.               described in paragraph (a)(2) of this                 consumer activities. Requirements as
                                                  (1) The chemical substance identified                    section.                                              specified in § 721.80(s) (500 kilograms).
                                                                                                              (2) The significant new uses are:                     (ii) [Reserved]
                                                  generically as tar acids fraction (PMN                      (i) Release to water. Requirements as
                                                  P–16–40) is subject to reporting under                                                                            (b) Specific requirements. The
                                                                                                           specified in § 721.90(a)(4), (b)(4), and
                                                  this section for the significant new uses                                                                      provisions of subpart A of this part
                                                                                                           (c)(4) (N=1).
                                                  described in paragraph (a)(2) of this                                                                          apply to this section except as modified
                                                                                                              (ii) [Reserved]
                                                  section.                                                    (b) Specific requirements. The                     by this paragraph.
                                                     (2) The significant new uses are:                     provisions of subpart A of this part                     (1) Recordkeeping. Recordkeeping
                                                     (i) Release to water. Requirements as                 apply to this section except as modified              requirements as specified in
                                                  specified in § 721.90(a)(4), (b)(4), and                 by this paragraph.                                    § 721.125(a) through (c) and (i) are
                                                  (c)(4) (N=45).                                              (1) Recordkeeping. Recordkeeping                   applicable to manufacturers and
                                                     (ii) [Reserved]                                       requirements as specified in                          processors of this substance.
                                                     (b) Specific requirements. The                        § 721.125(a) through (c) and (k) are                     (2) Limitations or revocation of
                                                  provisions of subpart A of this part                     applicable to manufacturers and                       certain notification requirements. The
                                                  apply to this section except as modified                 processors of this substance.                         provisions of § 721.185 apply to this
                                                  by this paragraph.                                          (2) Limitations or revocation of                   section.
                                                     (1) Recordkeeping. Recordkeeping                      certain notification requirements. The                ■ 24. Add § 721.10981 to subpart E to
                                                  requirements as specified in                             provisions of § 721.185 apply to this                 read as follows:
                                                  § 721.125(a) through (c) and (k) are                     section.
                                                  applicable to manufacturers and                                                                                § 721.10981 Modified phenol-formaldehyde
                                                                                                           ■ 22. Add § 721.10979 to subpart E to                 resin (generic).
                                                  processors of this substance.                            read as follows:
                                                     (2) Limitations or revocation of                                                                               (a) Chemical substance and
                                                  certain notification requirements. The                   § 721.10979 Boron sodium oxide                        significant new uses subject to reporting.
                                                  provisions of § 721.185 apply to this                    (B5NaO8), labeled with boron-10.                      (1) The chemical substance identified
                                                  section.                                                   (a) Chemical substance and                          generically as modified phenol-
                                                  ■ 20. Add § 721.10977 to subpart E to                    significant new uses subject to reporting.            formaldehyde resin (PMN P–16–95) is
                                                  read as follows:                                         (1) The chemical substance identified as              subject to reporting under this section
                                                                                                           boron sodium oxide (B5NaO8), labeled                  for the significant new uses described in
                                                  § 721.10977 Dialkyl fattyalkylamino                      with boron-10 (PMN P–16–70, CAS No.                   paragraph (a)(2) of this section.
                                                  propanamide alkylamine (generic).                        200443–98–7) is subject to reporting                     (2) The significant new uses are:
                                                     (a) Chemical substance and                            under this section for the significant                   (i) Industrial, commercial, and
                                                  significant new uses subject to reporting.               new uses described in paragraph (a)(2)                consumer activities. Requirements as
                                                  (1) The chemical substance identified                    of this section.                                      specified in § 721.80(j).
                                                  generically as dialkyl fattyalkylamino                     (2) The significant new uses are:                      (ii) Release to water. Requirements as
                                                  propanamide alkylamine (PMN P–16–                          (i) Industrial, commercial, and                     specified in § 721.90(a)(4), (b)(4), and
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                                                  59) is subject to reporting under this                   consumer activities. Requirements as                  (c)(4) (N=96).
                                                  section for the significant new uses                     specified in § 721.80. A significant new                 (b) Specific requirements. The
                                                  described in paragraph (a)(2) of this                    use is any use of the substance other                 provisions of subpart A of this part
                                                  section.                                                 than as an emergency shutdown coolant                 apply to this section except as modified
                                                     (2) The significant new uses are:                     in boiler water reactors.                             by this paragraph.
                                                     (i) Release to water. Requirements as                   (ii) [Reserved]                                        (1) Recordkeeping. Recordkeeping
                                                  specified in § 721.90(a)(4), (b)(4), and                   (b) Specific requirements. The                      requirements as specified in
                                                  (c)(4) (N=1).                                            provisions of subpart A of this part                  § 721.125(a) through (c), (i), and (k) are


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                                                                   Federal Register / Vol. 82, No. 182 / Thursday, September 21, 2017 / Rules and Regulations                                              44097

                                                  applicable to manufacturers and                            (b) Specific requirements. The                      apply to this section except as modified
                                                  processors of this substance.                            provisions of subpart A of this part                  by this paragraph.
                                                     (2) Limitations or revocation of                      apply to this section except as modified                (1) Recordkeeping. Recordkeeping
                                                  certain notification requirements. The                   by this paragraph.                                    requirements as specified in
                                                  provisions of § 721.185 apply to this                      (1) Recordkeeping. Recordkeeping                    § 721.125(a) through (c) and (k) are
                                                  section.                                                 requirements as specified in                          applicable to manufacturers and
                                                     (3) Determining whether a specific use                § 721.125(a) through (c) and (k) are                  processors of these substances.
                                                  is subject to this section. The provisions               applicable to manufacturers and                         (2) Limitations or revocation of
                                                  of § 721.1725(b)(1) apply to paragraph                   processors of this substance.                         certain notification requirements. The
                                                  (a)(2)(i) of this section.                                 (2) Limitations or revocation of                    provisions of § 721.185 apply to this
                                                  ■ 25. Add § 721.10982 to subpart E to                    certain notification requirements. The                section.
                                                  read as follows:                                         provisions of § 721.185 apply to this
                                                                                                                                                                 ■ 29. Add § 721.10986 to subpart E to
                                                                                                           section.
                                                  § 721.10982      Disubstituted benzene alkanal
                                                                                                                                                                 read as follows:
                                                                                                           ■ 27. Add § 721.10984 to subpart E to
                                                  (generic).                                               read as follows:                                      § 721.10986       Nanocarbon (generic).
                                                     (a) Chemical substance and                                                                                     (a) Chemical substance and
                                                  significant new uses subject to reporting.               § 721.10984 2-Pyridinecarboxylic acid, 4,5-
                                                                                                           dichloro-6-(4-chloro-2-fluoro-3-                      significant new uses subject to reporting.
                                                  (1) The chemical substance identified                    methoxyphenyl)-.                                      (1) The chemical substance identified
                                                  generically as disubstituted benzene                                                                           generically as nanocarbon (PMN P–16–
                                                  alkanal (PMN P–16–101) is subject to                        (a) Chemical substance and
                                                                                                           significant new uses subject to reporting.            170) is subject to reporting under this
                                                  reporting under this section for the                                                                           section for the significant new uses
                                                  significant new uses described in                        (1) The chemical substance identified as
                                                                                                           2-pyridinecarboxylic acid, 4,5-dichloro-              described in paragraph (a)(2) of this
                                                  paragraph (a)(2) of this section.                                                                              section. The requirements of this rule do
                                                     (2) The significant new uses are:                     6-(4-chloro-2-fluoro-3-methoxyphenyl)-
                                                                                                           (PMN P–16–104, CAS No. 1546765–39–                    not apply when the PMN substance is
                                                     (i) Protection in the workplace.                                                                            incorporated into the composite
                                                  Requirements as specified in                             2) is subject to reporting under this
                                                                                                           section for the significant new uses                  material allowed by the section 5(e)
                                                  § 721.63(a)(2)(i), (a)(3), (b)                                                                                 consent order.
                                                  (concentration set at 1.0 percent), and                  described in paragraph (a)(2) of this
                                                                                                           section.                                                 (2) The significant new uses are:
                                                  (c).                                                                                                              (i) Protection in the workplace.
                                                                                                              (2) The significant new uses are:
                                                     (ii) Industrial commercial, and                          (i) Industrial, commercial, and                    Requirements as specified in
                                                  consumer activities. Requirements as                     consumer activities. Requirements as                  § 721.63(a)(1), (a)(2)(i), (a)(2)(ii), (a)(3),
                                                  specified in § 721.80(j).                                specified in § 721.80(g).                             (a)(4), (a)(6) (particulate), and (c). When
                                                     (b) Specific requirements. The                           (ii) Release to water. Requirements as             determining which persons are
                                                  provisions of subpart A of this part                     specified in § 721.90(a)(4), (b)(4), and              reasonably likely to be exposed as
                                                  apply to this section except as modified                 (c)(4) (N=8).                                         required for § 721.63(a)(1) and (a)(4),
                                                  by this paragraph.                                          (b) Specific requirements. The                     engineering control measures (e.g.,
                                                     (1) Recordkeeping. Recordkeeping                      provisions of subpart A of this part                  enclosure or confinement of the
                                                  requirements as specified in                             apply to this section except as modified              operation, general and local ventilation)
                                                  § 721.125(a) through (e) and (i) are                     by this paragraph.                                    or administrative control measures (e.g.,
                                                  applicable to manufacturers and                             (1) Recordkeeping. Recordkeeping                   workplace policies and procedures)
                                                  processors of this substance.                            requirements as specified in                          shall be considered and implemented to
                                                     (2) Limitations or revocation of                      § 721.125(a) through (c), (i), and (k) are            prevent exposure, where feasible. A
                                                  certain notification requirements. The                   applicable to manufacturers and                       National Institute for Occupational
                                                  provisions of § 721.185 apply to this                    processors of this substance.                         Safety and Health (NIOSH)-certified
                                                  section.                                                    (2) Limitations or revocation of
                                                     (3) Determining whether a specific use                                                                      respirators with an N–100, P–100, or
                                                                                                           certain notification requirements. The                R–100 cartridge meet the requirements
                                                  is subject to this section. The provisions               provisions of § 721.185 apply to this
                                                  of § 721.1725(b)(1) apply to paragraph                                                                         of § 721.63(a)(4).
                                                                                                           section.                                                 (ii) Industrial, commercial, and
                                                  (a)(2)(ii) of this section.                              ■ 28. Add § 721.10985 to subpart E to                 consumer activities. Requirements as
                                                  ■ 26. Add § 721.10983 to subpart E to                    read as follows:                                      specified in § 721.80(k) and (q). A
                                                  read as follows:                                                                                               significant new use is any use involving
                                                                                                           § 721.10985 Dialkylamino alkylamide inner
                                                  § 721.10983 Phthalic anhydride, polymer                  salt (generic).                                       an application method that generates a
                                                  with alkylene glycol and alkanepolyol,                      (a) Chemical substance and significant             vapor, mist or aerosol.
                                                  acrylate (generic).                                      new uses subject to reporting. (1) The                   (iii) Disposal. Requirements as
                                                     (a) Chemical substance and                            chemical substances identified                        specified in § 721.85(a)(1), (a)(2), (b)(1),
                                                  significant new uses subject to reporting.               generically as dialkylamino alkylamide                (b)(2), (c)(1), and (c)(2).
                                                  (1) The chemical substance identified                    inner salt (PMNs P–16–136, P–16–139                      (iv) Release to water. Requirements as
                                                  generically as phthalic anhydride,                       and P–16–140) are subject to reporting                specified in § 721.90(a)(1), (b)(1), and
                                                  polymer with alkylene glycol and                         under this section for the significant                (c)(1).
                                                  alkanepolyol, acrylate (PMN P–16–102)                    new uses described in paragraph (a)(2)                   (b) Specific requirements. The
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                                                  is subject to reporting under this section               of this section.                                      provisions of subpart A of this part
                                                  for the significant new uses described in                   (2) The significant new uses are:                  apply to this section except as modified
                                                  paragraph (a)(2) of this section.                           (i) Release to water. Requirements as              by this paragraph.
                                                     (2) The significant new uses are:                     specified in § 721.90(a)(4), (b)(4), and                 (1) Recordkeeping. Recordkeeping
                                                     (i) Release to water. Requirements as                 (c)(4) (N=1).                                         requirements as specified in
                                                  specified in § 721.90(a)(4), (b)(4), and                    (ii) [Reserved]                                    § 721.125(a) through (e) and (i) through
                                                  (c)(4) (N=1).                                               (b) Specific requirements. The                     (k) are applicable to manufacturers and
                                                     (ii) [Reserved]                                       provisions of subpart A of this part                  processors of this substance.


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                                                  44098            Federal Register / Vol. 82, No. 182 / Thursday, September 21, 2017 / Rules and Regulations

                                                     (2) Limitations or revocation of                      (1) The chemical substance identified                 ■ 33. Add § 721.10990 to subpart E to
                                                  certain notification requirements. The                   generically as alkanoic acids, esters with            read as follows:
                                                  provisions of § 721.185 apply to this                    alkanetriol (PMN P–16–179) is subject
                                                  section.                                                 to reporting under this section for the               § 721.10990 Manganese, [.mu.-(acetato-
                                                                                                                                                                 .kappa.O:.kappa.O’)]bis[.mu.-(2-
                                                     (3) Determining whether a specific use                significant new uses described in                     ethylhexanoato-
                                                  is subject to this section. The provisions               paragraph (a)(2) of this section.                     .kappa.O:.kappa.O’)]bis(octahydro-1,4,7-
                                                  of § 721.1725(b)(1) apply to paragraph                      (2) The significant new uses are:                  trimethyl-1H-1,4,7-triazonine-
                                                  (a)(2)(iii) of this section.                                (i) Release to water. Requirements as              .kappa.N1,.kappa.N4,.kappa.N7)di- (P–16–
                                                  ■ 30. Add § 721.10987 to subpart E to                    specified in § 721.90(a)(4), (b)(4), and              182, chemical B).
                                                  read as follows:                                         (c)(4) (N=1).                                            (a) Chemical substance and
                                                                                                              (ii) [Reserved]
                                                                                                                                                                 significant new uses subject to reporting.
                                                  § 721.10987 Barium molybdenum niobium                       (b) Specific requirements. The
                                                                                                           provisions of subpart A of this part                  (1) The chemical substance identified as
                                                  tantalum tellurium vanadium zinc oxide.
                                                                                                           apply to this section except as modified              manganese, [.mu.-(acetato-
                                                     (a) Chemical substance and                                                                                  .kappa.O:.kappa.O’)]bis[.mu.-(2-
                                                  significant new uses subject to reporting.               by this paragraph.
                                                                                                              (1) Recordkeeping. Recordkeeping                   ethylhexanoato-
                                                  (1) The chemical substance identified as                                                                       .kappa.O:.kappa.O’)]bis(octahydro-1,4,7-
                                                  barium molybdenum niobium tantalum                       requirements as specified in
                                                                                                           § 721.125(a) through (c) and (k) are                  trimethyl-1H-1,4,7-triazonine-
                                                  tellurium vanadium zinc oxide (PMN                                                                             .kappa.N1,.kappa.N4,.kappa.N7)di-
                                                  P–16–177, CAS No. 1440529–21–4) is                       applicable to manufacturers and
                                                                                                           processors of this substance.                         (PMN P–16–182, chemical B; CAS No.
                                                  subject to reporting under this section                                                                        2020407–63–8) is subject to reporting
                                                  for the significant new uses described in                   (2) Limitations or revocation of
                                                                                                           certain notification requirements. The                under this section for the significant
                                                  paragraph (a)(2) of this section.                                                                              new uses described in paragraph (a)(2)
                                                     (2) The significant new uses are:                     provisions of § 721.185 apply to this
                                                                                                           section.                                              of this section.
                                                     (i) Protection in the workplace.                                                                               (2) The significant new uses are:
                                                  Requirements as specified in                             ■ 32. Add § 721.10989 to subpart E to
                                                                                                           read as follows:                                         (i) Protection in the workplace.
                                                  § 721.63(a)(4), (a)(6)(i), (a)(6)(ii), (b)                                                                     Requirements as specified in
                                                  (concentration set at 1.0 percent) and                   § 721.10989 Manganese, tris[.mu.-(2-                  § 721.63(a)(1), (a)(3), and (b)
                                                  (c). When determining which persons                      ethylhexanoato-                                       (concentration set at 1.0 percent).
                                                  are reasonably likely to be exposed as                   .kappa.O:.kappa.O’)]bis(octahydro-1,4,7-                 (ii) Industrial, commercial, and
                                                  required for § 721.63(a)(4), engineering                 trimethyl-1H-1,4,7-triazonine-                        consumer activities. Requirements as
                                                  control measures (e.g., enclosure or                     .kappa.N1,.kappa.N4,.kappa.N7)di- (P–16–              specified in § 721.80(f) and (j) (a
                                                  confinement of the operation, general                    182, chemical A).
                                                                                                                                                                 significant new use is any manufacture
                                                  and local ventilation) or administrative                    (a) Chemical substance and                         at a concentration of greater than 10%
                                                  control measures (e.g., workplace                        significant new uses subject to reporting.            of the PMN substance in any
                                                  policies and procedures) shall be                        (1) The chemical substance identified as              formulation).
                                                  considered and implemented to prevent                    manganese, tris[.mu.-(2-ethylhexanoato-                  (b) Specific requirements. The
                                                  exposure, where feasible. The following                  .kappa.O:.kappa.O’)]bis(octahydro-1,4,7-              provisions of subpart A of this part
                                                  National Institute for Occupational                      trimethyl-1H-1,4,7-triazonine-                        apply to this section except as modified
                                                  Safety and Health (NIOSH)-certified                      .kappa.N1,.kappa.N4,.kappa.N7)di-                     by this paragraph.
                                                  respirators with an assigned protection                  (PMN P–16–182, chemical A; CAS No.                       (1) Recordkeeping. Recordkeeping
                                                  factor (APF) of at least 10 meet the                     2020407–62–7) is subject to reporting                 requirements as specified in
                                                  requirements of § 721.63(a)(4).                          under this section for the significant                § 721.125(a) through (e) and (i) are
                                                     (ii) Industrial, commercial, and                      new uses described in paragraph (a)(2)                applicable to manufacturers and
                                                  consumer activities. Requirements as                     of this section.                                      processors of this substance.
                                                  specified in 721.80(f) and (j).                             (2) The significant new uses are:                     (2) Limitations or revocation of
                                                     (b) Specific requirements. The                           (i) Protection in the workplace.                   certain notification requirements. The
                                                  provisions of subpart A of this part                     Requirements as specified in                          provisions of § 721.185 apply to this
                                                  apply to this section except as modified                 § 721.63(a)(1), (a)(3), and (b)                       section.
                                                  by this paragraph.                                       (concentration set at 1.0 percent).
                                                                                                                                                                 ■ 34. Add § 721.10991 to subpart E to
                                                     (1) Recordkeeping. Recordkeeping                         (ii) Industrial, commercial, and
                                                                                                           consumer activities. Requirements as                  read as follows:
                                                  requirements as specified in
                                                  § 721.125(a) through (d) and (i) are                     specified in § 721.80(f) and (j) (a                   § 721.10991 Manganese, bis[.mu.-(acetato-
                                                  applicable to manufacturers and                          significant new use is any manufacture                .kappa.O:.kappa.O’)][.mu.-(2-
                                                  processors of this substance.                            at a concentration of greater than 10%                ethylhexanoato-
                                                     (2) Limitations or revocation of                      of the PMN substance in any                           .kappa.O:.kappa.O’)]bis(octahydro-1,4,7-
                                                  certain notification requirements. The                   formulation).                                         trimethyl-1H-1,4,7-triazonine-
                                                  provisions of § 721.185 apply to this                       (b) Specific requirements. The                     .kappa.N1,.kappa.N4,.kappa.N7)di- (P–16–
                                                                                                           provisions of subpart A of this part                  182, chemical C).
                                                  section.
                                                     (3) Determining whether a specific use                apply to this section except as modified                 (a) Chemical substance and
                                                  is subject to this section. The provisions               by this paragraph.                                    significant new uses subject to reporting.
                                                  of § 721.1725(b)(1) apply to paragraph                      (1) Recordkeeping. Recordkeeping                   (1) The chemical substance identified as
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                                                  (a)(2)(i) of this section.                               requirements as specified in                          manganese, bis[.mu.-(acetato-
                                                  ■ 31. Add § 721.10988 to subpart E to                    § 721.125(a) through (e) and (i) are                  .kappa.O:.kappa.O’)][.mu.-(2-
                                                  read as follows:                                         applicable to manufacturers and                       ethylhexanoato-
                                                                                                           processors of this substance.                         .kappa.O:.kappa.O’)]bis(octahydro-1,4,7-
                                                  § 721.10988 Alkanoic acids, esters with                     (2) Limitations or revocation of                   trimethyl-1H-1,4,7-triazonine-
                                                  alkanetriol (generic).                                   certain notification requirements. The                .kappa.N1,.kappa.N4,.kappa.N7)di-
                                                    (a) Chemical substance and                             provisions of § 721.185 apply to this                 (PMN P–16–182, chemical C; CAS No.
                                                  significant new uses subject to reporting.               section.                                              2020407–64–9) is subject to reporting


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                                                                   Federal Register / Vol. 82, No. 182 / Thursday, September 21, 2017 / Rules and Regulations                                             44099

                                                  under this section for the significant                     (2) Limitations or revocation of                     provisions of § 721.185 apply to this
                                                  new uses described in paragraph (a)(2)                   certain notification requirements. The                 section.
                                                  of this section.                                         provisions of § 721.185 apply to this                  ■ 38. Add § 721.10995 to subpart E to
                                                     (2) The significant new uses are:                     section.                                               read as follows:
                                                     (i) Protection in the workplace.                      ■ 36. Add § 721.10993 to subpart E to
                                                  Requirements as specified in                             read as follows:                                       § 721.10995 Lecithins, soya,
                                                  § 721.63(a)(1), (a)(3), and (b)                                                                                 hydrogenated.
                                                  (concentration set at 1.0 percent).                      § 721.10993       Aryl polyolefin (generic).              (a) Chemical substance and
                                                     (ii) Industrial, commercial, and                         (a) Chemical substance and                          significant new uses subject to reporting.
                                                  consumer activities. Requirements as                     significant new uses subject to reporting.             (1) The chemical substance identified as
                                                  specified in § 721.80(f) and (j) (a                      (1) The chemical substance identified                  lecithins, soya, hydrogenated (PMN P–
                                                  significant new use is any manufacture                   generically as aryl polyolefin (PMN P–                 16–272, CAS No. 308068–11–3) is
                                                  at a concentration of greater than 10%                   16–190) is subject to reporting under                  subject to reporting under this section
                                                  of the PMN substance in any                              this section for the significant new uses              for the significant new uses described in
                                                  formulation).                                            described in paragraph (a)(2) of this                  paragraph (a)(2) of this section.
                                                     (b) Specific requirements. The                        section.                                                  (2) The significant new uses are:
                                                  provisions of subpart A of this part                        (2) The significant new uses are:                      (i) Release to water. Requirements as
                                                  apply to this section except as modified                    (i) Protection in the workplace.                    specified in § 721.90(a)(4), (b)(4), and
                                                  by this paragraph.                                       Requirements as specified in                           (c)(4) (N=1).
                                                     (1) Recordkeeping. Recordkeeping                      § 721.63(a)(1), (a)(3), and (b)                           (ii) [Reserved]
                                                  requirements as specified in                             (concentration set at 1.0 percent).                       (b) Specific requirements. The
                                                  § 721.125(a) through (e) and (i) are                        (ii) Industrial, commercial, and                    provisions of subpart A of this part
                                                  applicable to manufacturers and                          consumer activities. Requirements as                   apply to this section except as modified
                                                  processors of this substance.                            specified in § 721.80(j).                              by this paragraph.
                                                     (2) Limitations or revocation of                         (b) Specific requirements. The                         (1) Recordkeeping. Recordkeeping
                                                  certain notification requirements. The                   provisions of subpart A of this part                   requirements as specified in
                                                  provisions of § 721.185 apply to this                    apply to this section except as modified               § 721.125(a) through (c) and (k) are
                                                  section.                                                 by this paragraph.                                     applicable to manufacturers and
                                                  ■ 35. Add § 721.10992 to subpart E to                       (1) Recordkeeping. Recordkeeping                    processors of this substance.
                                                  read as follows:                                         requirements as specified in                              (2) Limitations or revocation of
                                                                                                           § 721.125(a) through (d) and (i) are                   certain notification requirements. The
                                                  § 721.10992 Manganese, tris[.mu.-(acetato-               applicable to manufacturers and                        provisions of § 721.185 apply to this
                                                  .kappa.O:.kappa.O’)]bis(octahydro-1,4,7-                 processors of this substance.                          section.
                                                  trimethyl-1H-1,4,7-triazonine-                              (2) Limitations or revocation of                    [FR Doc. 2017–20158 Filed 9–20–17; 8:45 am]
                                                  .kappa.N1,.kappa.N4,.kappa.N7)di- (P–16–                 certain notification requirements. The
                                                  182, chemical D).                                                                                               BILLING CODE 6560–50–P
                                                                                                           provisions of § 721.185 apply to this
                                                     (a) Chemical substance and                            section.
                                                  significant new uses subject to reporting.                  (3) Determining whether a specific use              ENVIRONMENTAL PROTECTION
                                                  (1) The chemical substance identified as                 is subject to this section. The provisions             AGENCY
                                                  manganese, tris[.mu.-(acetato-                           of § 721.1725(b)(1) apply to paragraph
                                                  .kappa.O:.kappa.O’)]bis(octahydro-1,4,7-                 (a)(2)(ii) of this section.                            40 CFR Part 52
                                                  trimethyl-1H-1,4,7-triazonine-                           ■ 37. Add § 721.10994 to subpart E to
                                                  .kappa.N1,.kappa.N4,.kappa.N7)di-                                                                               [EPA–R02–OAR–2017–0044; FRL–9968–05–
                                                                                                           read as follows:                                       Region 2]
                                                  (PMN P–16–182, chemical D; CAS No.
                                                  2020407–65–0) is subject to reporting                    § 721.10994       Melamine nitrate (generic).
                                                                                                                                                                  Approval of Air Quality Implementation
                                                  under this section for the significant                      (a) Chemical substance and                          Plans; New Jersey, 2011 Periodic
                                                  new uses described in paragraph (a)(2)                   significant new uses subject to reporting.             Emission Inventory SIP for the Ozone
                                                  of this section.                                         (1) The chemical substance identified                  Nonattainment and PM2.5/Regional
                                                     (2) The significant new uses are:                     generically as melamine nitrate (PMN                   Haze Areas
                                                     (i) Protection in the workplace.                      P–16–260) is subject to reporting under
                                                  Requirements as specified in                             this section for the significant new uses              AGENCY:  Environmental Protection
                                                  § 721.63(a)(1), (a)(3), and (b)                          described in paragraph (a)(2) of this                  Agency (EPA).
                                                  (concentration set at 1.0 percent).                      section.                                               ACTION: Final rule.
                                                     (ii) Industrial, commercial, and                         (2) The significant new uses are:
                                                  consumer activities. Requirements as                        (i) Release to water. Requirements as               SUMMARY:   The Environmental Protection
                                                  specified in § 721.80(f) and (j) (a                      specified in § 721.90(a)(4), (b)(4), and               Agency (EPA) is approving a State
                                                  significant new use is any manufacture                   (c)(4) (N=14).                                         Implementation Plan (SIP) revision
                                                  at a concentration of greater than 10%                      (ii) [Reserved]                                     submitted by the New Jersey
                                                  of the PMN substance in any                                 (b) Specific requirements. The                      Department of Environmental
                                                  formulation).                                            provisions of subpart A of this part                   Protection. The SIP revision consists of
                                                     (b) Specific requirements. The                        apply to this section except as modified               the following: 2011 calendar year ozone
asabaliauskas on DSKBBXCHB2PROD with RULES




                                                  provisions of subpart A of this part                     by this paragraph.                                     precursor emission inventories for
                                                  apply to this section except as modified                    (1) Recordkeeping. Recordkeeping                    volatile organic compounds (VOC),
                                                  by this paragraph.                                       requirements as specified in                           oxides of nitrogen (NOX) and carbon
                                                     (1) Recordkeeping. Recordkeeping                      § 721.125(a) through (c) and (k) are                   monoxide (CO) for the New York-
                                                  requirements as specified in                             applicable to manufacturers and                        Northern New Jersey-Long Island area
                                                  § 721.125(a) through (e) and (i) are                     processors of this substance.                          classified as Moderate ozone
                                                  applicable to manufacturers and                             (2) Limitations or revocation of                    nonattainment for the 2008 8-hour
                                                  processors of this substance.                            certain notification requirements. The                 ozone standard, and the Philadelphia-


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Document Created: 2018-10-24 14:33:59
Document Modified: 2018-10-24 14:33:59
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 November 20, 2017. For purposes of judicial review, this rule shall be promulgated at 1 p.m. (e.s.t.) on October 5, 2017.
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:
FR Citation82 FR 44079 
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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