83_FR_34960 83 FR 34819 - Proposed Modification of Significant New Uses of a Certain Chemical Substance

83 FR 34819 - Proposed Modification of Significant New Uses of a Certain Chemical Substance

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 141 (July 23, 2018)

Page Range34819-34820
FR Document2018-15714

This action is a notification that additional data has been added to the docket for the proposal to amend the significant new use rule (SNUR) under section 5(a)(2) of the Toxic Substances Control Act (TSCA) for oxazolidine, 3,3'-methylenebis [5-methyl-. This action also reopens the comment period for an additional 30 days for public comments based on the additional data added to the docket. The proposal would amend the SNUR to allow certain new uses reported in the significant new use notice (SNUN) without requiring additional SNUNs and make the lack of certain worker protections a new use.

Federal Register, Volume 83 Issue 141 (Monday, July 23, 2018)
[Federal Register Volume 83, Number 141 (Monday, July 23, 2018)]
[Proposed Rules]
[Pages 34819-34820]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-15714]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 721

[EPA-HQ-OPPT-2011-0941; FRL-9979-23]


Proposed Modification of Significant New Uses of a Certain 
Chemical Substance

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: This action is a notification that additional data has been 
added to the docket for the proposal to amend the significant new use 
rule (SNUR) under section 5(a)(2) of the Toxic Substances Control Act 
(TSCA) for oxazolidine, 3,3'-methylenebis [5-methyl-. This action also 
reopens the comment period for an additional 30 days for public 
comments based on the additional data added to the docket. The proposal 
would amend the SNUR to allow certain new uses reported in the 
significant new use notice (SNUN) without requiring additional SNUNs 
and make the lack of certain worker protections a new use.

DATES: Comments must be received on or before August 22, 2018.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPPT-2011-0941, 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, Office of Pollution Prevention 
and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, 
Washington, DC 20460-0001; telephone number: (202) 564-9232; email 
address: [email protected].
    For general information contact: The TSCA-Hotline, ABVI-Goodwill, 
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202) 
554-1404; email address: [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you manufacture, 
process, or use the chemical substance 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 the chemical substance 
(NAICS codes 325 and 324110), e.g., chemical manufacturing and 
petroleum refineries.
    This action may also affect certain entities through pre-existing 
import certification and export notification rules under TSCA. Chemical 
importers are subject to the TSCA section 13 (15 U.S.C. 2612) import 
certification requirements promulgated at 19 CFR 12.118 through 12.127 
and 19 CFR 127.28. Chemical importers must certify that the shipment of 
the chemical substance complies with all applicable rules and orders 
under TSCA. Importers of chemicals subject to a SNUR must certify their 
compliance with the SNUR requirements. The EPA policy in support of 
import certification appears at 40 CFR part 707, subpart B. In 
addition, any persons who export or intend to export a chemical 
substance that is the subject of a proposed or final SNUR 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.

[[Page 34820]]

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

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

II. What action is the agency taking?

    On February 8, 2018 (83 FR 5598) (FRL-9973-02), document, EPA 
proposed to amend the SNUR under section 5(a)(2) of TSCA) for 
oxazolidine, 3,3'-methylenebis [5-methyl- (40 CFR 721.10461), which was 
the subject of a premanufacture notice (PMN) and a significant new use 
notice (SNUN). The proposal would amend the SNUR to allow certain new 
uses reported in the SNUN without requiring additional SNUNs and make 
the lack of certain worker protections a new use.
    In response to public comments on the proposed SNUR, EPA has added 
additional information to the docket that further explains EPA's risk 
assessment and includes additional data used in the assessment. EPA is 
hereby reopening the comment period for 30 days to allow interested 
parties to consider the data and submit any additional comments.
    To submit comments, or access the docket, please follow the 
detailed instructions provided under ADDRESSES. If you have questions, 
consult the technical person listed under FOR FURTHER INFORMATION 
CONTACT.

List of Subjects in 40 CFR Part 721

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

    Dated: July 9, 2018.
Jeffery T. Morris,
Director, Office of Pollution Prevention and Toxics.
[FR Doc. 2018-15714 Filed 7-20-18; 8:45 am]
BILLING CODE 6560-50-P



                                                                          Federal Register / Vol. 83, No. 141 / Monday, July 23, 2018 / Proposed Rules                                             34819

                                                does not impose additional                               Greenhouse gases, Lead, Nitrogen                         Additional instructions on
                                                requirements beyond those imposed by                     dioxide, Ozone, Particulate matter,                    commenting or visiting the docket,
                                                state law. For that reason, this proposed                Reporting and recordkeeping                            along with more information about
                                                action:                                                  requirements, Sulfur oxides, Volatile                  dockets generally, is available at http://
                                                   • Is not a significant regulatory action              organic compounds.                                     www.epa.gov/dockets.
                                                subject to review by the Office of                            Authority: 42 U.S.C. 7401 et seq.
                                                Management and Budget under                                                                                     FOR FURTHER INFORMATION CONTACT:    For
                                                Executive Orders 12866 (58 FR 51735,                       Dated: July 13, 2018.                                technical information contact: Kenneth
                                                October 4, 1993) and 13563 (76 FR 3821,                  Debra Thomas,                                          Moss, Chemical Control Division, Office
                                                January 21, 2011);                                       Acting Regional Administrator, Region 8.               of Pollution Prevention and Toxics,
                                                   • Is not an Executive Order 13771                     [FR Doc. 2018–15480 Filed 7–20–18; 8:45 am]            Environmental Protection Agency, 1200
                                                regulatory action because this action is                 BILLING CODE 6560–50–P
                                                                                                                                                                Pennsylvania Ave. NW, Washington, DC
                                                not significant under Executive Order                                                                           20460–0001; telephone number: (202)
                                                12866;                                                                                                          564–9232; email address:
                                                   • Does not impose an information                      ENVIRONMENTAL PROTECTION                               moss.kenneth@epa.gov.
                                                collection burden under the provisions                   AGENCY                                                   For general information contact: The
                                                of the Paperwork Reduction Act (44                                                                              TSCA-Hotline, ABVI-Goodwill, 422
                                                U.S.C. 3501 et seq.);                                    40 CFR Part 721                                        South Clinton Ave., Rochester, NY
                                                   • Is certified as not having a                                                                               14620; telephone number: (202) 554–
                                                significant economic impact on a                         [EPA–HQ–OPPT–2011–0941; FRL–9979–23]
                                                                                                                                                                1404; email address: TSCA-
                                                substantial number of small entities                                                                            Hotline@epa.gov.
                                                                                                         Proposed Modification of Significant
                                                under the Regulatory Flexibility Act (5
                                                                                                         New Uses of a Certain Chemical                         SUPPLEMENTARY INFORMATION:
                                                U.S.C. 601 et seq.);
                                                   • Does not contain any unfunded                       Substance
                                                mandate or significantly or uniquely                                                                            I. General Information
                                                                                                         AGENCY:  Environmental Protection
                                                affect small governments, as described                   Agency (EPA).                                          A. Does this action apply to me?
                                                in the Unfunded Mandates Reform Act                      ACTION: Proposed rule.
                                                of 1995 (Pub. L. 104–4);                                                                                           You may be potentially affected by
                                                   • Does not have federalism                            SUMMARY:   This action is a notification               this action if you manufacture, process,
                                                implications as specified in Executive                   that additional data has been added to                 or use the chemical substance contained
                                                Order 13132 (64 FR 43255, August 10,                     the docket for the proposal to amend the               in this rule. The following list of North
                                                1999);                                                   significant new use rule (SNUR) under                  American Industrial Classification
                                                   • Is not an economically significant                  section 5(a)(2) of the Toxic Substances                System (NAICS) codes is not intended
                                                regulatory action based on health or                     Control Act (TSCA) for oxazolidine,                    to be exhaustive, but rather provides a
                                                safety risks subject to Executive Order                  3,3′-methylenebis [5-methyl-. This                     guide to help readers determine whether
                                                13045 (62 FR 19885, April 23, 1997);                     action also reopens the comment period                 this document applies to them.
                                                   • Is not a significant regulatory action              for an additional 30 days for public                   Potentially affected entities may
                                                subject to Executive Order 13211 (66 FR                  comments based on the additional data                  include:
                                                28355, May 22, 2001);                                    added to the docket. The proposal                         • Manufacturers or processors of the
                                                   • Is not subject to requirements of                   would amend the SNUR to allow certain                  chemical substance (NAICS codes 325
                                                Section 12(d) of the National                            new uses reported in the significant new               and 324110), e.g., chemical
                                                Technology Transfer and Advancement                      use notice (SNUN) without requiring                    manufacturing and petroleum refineries.
                                                Act of 1995 (15 U.S.C. 272 note) because                 additional SNUNs and make the lack of
                                                this action does not involve technical                                                                             This action may also affect certain
                                                                                                         certain worker protections a new use.                  entities through pre-existing import
                                                standards; and
                                                                                                         DATES: Comments must be received on
                                                   • Does not provide the EPA with the                                                                          certification and export notification
                                                discretionary authority to address, as                   or before August 22, 2018.                             rules under TSCA. Chemical importers
                                                appropriate, disproportionate human                      ADDRESSES: Submit your comments,                       are subject to the TSCA section 13 (15
                                                health or environmental effects, using                   identified by docket identification (ID)               U.S.C. 2612) import certification
                                                practicable and legally permissible                      number EPA–HQ–OPPT–2011–0941, by                       requirements promulgated at 19 CFR
                                                methods, under Executive Order 12898                     one of the following methods:                          12.118 through 12.127 and 19 CFR
                                                (59 FR 7629, February 16, 1994).                           • Federal eRulemaking Portal: http://                127.28. Chemical importers must certify
                                                   The SIP is not approved to apply on                   www.regulations.gov. Follow the online                 that the shipment of the chemical
                                                any Indian reservation land or in any                    instructions for submitting comments.                  substance complies with all applicable
                                                other area where the EPA or an Indian                    Do not submit electronically any                       rules and orders under TSCA. Importers
                                                tribe has demonstrated that a tribe has                  information you consider to be                         of chemicals subject to a SNUR must
                                                jurisdiction. In those areas of Indian                   Confidential Business Information (CBI)                certify their compliance with the SNUR
                                                country, the rule does not have tribal                   or other information whose disclosure is               requirements. The EPA policy in
                                                implications as specified by Executive                   restricted by statute.                                 support of import certification appears
                                                Order 13175 (65 FR 67249, November 9,                      • Mail: Document Control Office                      at 40 CFR part 707, subpart B. In
                                                2000), nor will it impose substantial                    (7407M), Office of Pollution Prevention                addition, any persons who export or
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                                                direct costs on tribal governments or                    and Toxics (OPPT), Environmental                       intend to export a chemical substance
                                                preempt tribal law.                                      Protection Agency, 1200 Pennsylvania                   that is the subject of a proposed or final
                                                                                                         Ave. NW, Washington, DC 20460–0001.                    SNUR are subject to the export
                                                List of Subjects in 40 CFR Part 52                         • Hand Delivery: To make special                     notification provisions of TSCA section
                                                  Environmental protection, Air                          arrangements for hand delivery or                      12(b) (15 U.S.C. 2611(b)) (see § 721.20),
                                                pollution control, Carbon monoxide,                      delivery of boxed information, please                  and must comply with the export
                                                Incorporation by reference,                              follow the instructions at http://                     notification requirements in 40 CFR part
                                                Intergovernmental relations,                             www.epa.gov/dockets/contacts.html.                     707, subpart D.


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                                                34820                     Federal Register / Vol. 83, No. 141 / Monday, July 23, 2018 / Proposed Rules

                                                B. What should I consider as I prepare                     Dated: July 9, 2018.                                Second floor, ATTN: Lois Mandell,
                                                my comments for EPA?                                     Jeffery T. Morris,                                    Washington, DC 20405.
                                                                                                         Director, Office of Pollution Prevention and             Instructions: Please submit comments
                                                   1. Submitting CBI. Do not submit this                 Toxics.                                               only and cite ‘‘FAR case 2017–014’’ in
                                                information to EPA through                               [FR Doc. 2018–15714 Filed 7–20–18; 8:45 am]           all correspondence related to this case.
                                                regulations.gov or email. Clearly mark                   BILLING CODE 6560–50–P                                All comments received will be posted,
                                                the part or all of the information that                                                                        without change, to http://
                                                you claim to be CBI. For CBI                                                                                   www.regulations.gov, including any
                                                information in a disk or CD–ROM that                                                                           personal and/or business confidential
                                                                                                         DEPARTMENT OF DEFENSE
                                                you mail to EPA, mark the outside of the                                                                       information provided. To confirm
                                                disk or CD–ROM as CBI and then                           GENERAL SERVICES                                      receipt of your comment(s), please
                                                identify electronically within the disk or               ADMINISTRATION                                        check http://www.regulations.gov,
                                                CD–ROM the specific information that                                                                           approximately two to three days after
                                                is claimed as CBI. In addition to one                    NATIONAL AERONAUTICS AND                              submission to verify posting (except
                                                complete version of the comment that                     SPACE ADMINISTRATION                                  allow 30 days for posting of comments
                                                includes information claimed as CBI, a                                                                         submitted by mail).
                                                copy of the comment that does not                        48 CFR Parts 5, 42, and 52                            FOR FURTHER INFORMATION CONTACT:     Mr.
                                                contain the information claimed as CBI                                                                         Curtis E. Glover, Sr., Procurement
                                                                                                         [FAR Case 2017–014; Docket No. 2017–
                                                must be submitted for inclusion in the                                                                         Analyst, at 202–501–1448 for
                                                                                                         0014; Sequence No. 1]
                                                public docket. Information so marked                                                                           clarification of content. For information
                                                will not be disclosed except in                          RIN 9000–AN43                                         pertaining to status or publication
                                                accordance with procedures set forth in                                                                        schedules, contact the Regulatory
                                                40 CFR part 2.                                           Federal Acquisition Regulations: Use                  Secretariat Division at 202–501–4755.
                                                                                                         of Acquisition 360 To Encourage                       Please cite ‘‘FAR case 2017–014’’.
                                                   2. Tips for preparing your comments.                  Vendor Feedback
                                                When preparing and submitting your                                                                             SUPPLEMENTARY INFORMATION:
                                                comments, see the commenting tips at                     AGENCY: Department of Defense (DoD),
                                                                                                         General Services Administration (GSA),                I. Background
                                                http://www.epa.gov/dockets/
                                                comments.html.                                           and National Aeronautics and Space                       In 2015, the Office of Federal
                                                                                                         Administration (NASA).                                Procurement Policy (OFPP) issued
                                                II. What action is the agency taking?                                                                          guidance to test use of a standard survey
                                                                                                         ACTION: Advance notice of proposed
                                                   On February 8, 2018 (83 FR 5598)                      rulemaking.                                           that allowed offerors, whether or not
                                                (FRL–9973–02), document, EPA                                                                                   they received award, to rate the agency’s
                                                                                                         SUMMARY:    DoD, GSA, and NASA are                    pre-award and debriefing processes for
                                                proposed to amend the SNUR under                         considering an amendment to the
                                                section 5(a)(2) of TSCA) for oxazolidine,                                                                      specific solicitations. See ‘‘Acquisition
                                                                                                         Federal Acquisition Regulation (FAR) to               360—Improving the Acquisition Process
                                                3,3′-methylenebis [5-methyl- (40 CFR                     establish a standard survey for obtaining             through Timely Feedback from External
                                                721.10461), which was the subject of a                   voluntary feedback from actual and                    and Internal Stakeholders’’ (March
                                                premanufacture notice (PMN) and a                        potential offerors on Government                      2015) (available at: https://
                                                significant new use notice (SNUN). The                   contracts and solicitations. DoD, GSA,                www.whitehouse.gov/sites/
                                                proposal would amend the SNUR to                         and NASA are seeking public input,                    whitehouse.gov/files/omb/procurement/
                                                allow certain new uses reported in the                   particularly from Government                          memo/acquisition-360-improving-
                                                SNUN without requiring additional                        contractors on the potential benefits and             acquisition-process-timely-feedback-
                                                SNUNs and make the lack of certain                       burdens of voluntary feedback surveys.                external-internal-stakeholders.pdf).
                                                worker protections a new use.                            DATES: Interested parties should submit               Under the guidance, interested offerors
                                                   In response to public comments on                     written comments to the Regulatory                    were invited, at their discretion, to rate
                                                the proposed SNUR, EPA has added                         Secretariat Division at one of the                    and provide comments regarding the
                                                additional information to the docket                     addresses shown below on or before                    issuance of solicitations covering a wide
                                                that further explains EPA’s risk                         September 21, 2018 to be considered in                range of requirements, including
                                                assessment and includes additional data                  the formulation of a proposed rule.                   information technology, medical
                                                used in the assessment. EPA is hereby                    ADDRESSES: Submit comments                            equipment, and management support
                                                reopening the comment period for 30                      identified by FAR Case 2017–014 by any                services. Survey questions asked for
                                                days to allow interested parties to                      of the following methods:                             input regarding satisfaction with the
                                                consider the data and submit any                            • Regulations.gov: http://                         pre-solicitation activities, solicitation
                                                additional comments.                                     www.regulations.gov. Submit comments                  documents, evaluation criteria, and the
                                                                                                         via the Federal eRulemaking portal by                 debriefing process. To view the online
                                                   To submit comments, or access the                     entering ‘‘FAR Case 2017–014’’ under                  survey tool with the survey questions,
                                                docket, please follow the detailed                       the heading ‘‘Enter Keyword or ID’’ and               go to https://www.acquisition.gov/360.
                                                instructions provided under ADDRESSES.                   selecting ‘‘Search’’. Select the link                    Even though the data was limited in
                                                If you have questions, consult the                       ‘‘Comment Now’’ that corresponds with                 scope some trends did emerge. For
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                                                technical person listed under FOR                        ‘‘FAR Case 2017–014’’. Follow the                     example, contractors rated the
                                                FURTHER INFORMATION CONTACT.                             instructions provided on the screen.                  robustness of agency debriefings with
                                                List of Subjects in 40 CFR Part 721                      Please include your name, company                     the lowest satisfaction scores in both
                                                                                                         name (if any), and ‘‘FAR Case 2017–                   iterations. This informed OFPP’s
                                                  Environmental protection, Chemicals,                   014’’ on your attached document.                      education and outreach efforts and a
                                                Hazardous substances, Reporting and                         • Mail: General Services                           memorandum, ‘‘ ‘Myth-busting 3’
                                                recordkeeping requirements.                              Administration, Regulatory Secretariat                Further Improving Industry
                                                                                                         Division (MVCB), 1800 F Street NW,                    Communication with Effective


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Document Created: 2018-07-21 00:48:20
Document Modified: 2018-07-21 00:48:20
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesComments must be received on or before August 22, 2018.
ContactFor technical information contact: Kenneth Moss, Chemical Control Division, Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-0001; telephone number: (202) 564-9232; email
FR Citation83 FR 34819 
CFR AssociatedEnvironmental Protection; Chemicals; Hazardous Substances and Reporting and Recordkeeping Requirements

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