83_FR_52379 83 FR 52179 - Significant New Use Rules on Certain Chemical Substances

83 FR 52179 - Significant New Use Rules on Certain Chemical Substances

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 200 (October 16, 2018)

Page Range52179-52187
FR Document2018-22397

EPA is proposing significant new use rules (SNURs) under the Toxic Substances Control Act (TSCA) for 13 chemical substances which are the subject of premanufacture notices (PMNs). This action would require persons to notify EPA at least 90 days before commencing manufacture (defined by statute to include import) or processing of any of these 13 chemical substances for an activity that is designated as a significant new use by this proposed rule. If this proposed rule is made final, persons may not commence manufacture or processing for the significant new use until they have submitted a Significant New Use Notice, and EPA has conducted a review of the notice, made an appropriate determination on the notice, and has taken any actions as are required as a result of that determination.

Federal Register, Volume 83 Issue 200 (Tuesday, October 16, 2018)
[Federal Register Volume 83, Number 200 (Tuesday, October 16, 2018)]
[Proposed Rules]
[Pages 52179-52187]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-22397]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 721

[EPA-HQ-OPPT-2017-0575; FRL-9984-93]
RIN 2070-AB27


Significant New Use Rules on Certain Chemical Substances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing significant new use rules (SNURs) under the 
Toxic Substances Control Act (TSCA) for 13 chemical substances which 
are the subject of premanufacture notices (PMNs). This action would 
require persons to notify EPA at least 90 days before commencing 
manufacture (defined by statute to include import) or processing of any 
of these 13 chemical substances for an activity that is designated as a 
significant new use by this proposed rule. If this proposed rule

[[Page 52180]]

is made final, persons may not commence manufacture or processing for 
the significant new use until they have submitted a Significant New Use 
Notice, and EPA has conducted a review of the notice, made an 
appropriate determination on the notice, and has taken any actions as 
are required as a result of that determination.

DATES: Comments must be received on or before November 15, 2018.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPPT-2017-0575], by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the online instructions for submitting comments. Do not submit 
electronically any information you consider to be Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute.
     Mail: Document Control Office (7407M), Office of Pollution 
Prevention and Toxics (OPPT), Environmental Protection Agency, 1200 
Pennsylvania Ave. NW, Washington, DC 20460-0001.
     Hand Delivery: To make special arrangements for hand 
delivery or delivery of boxed information, please follow the 
instructions at http://www.epa.gov/dockets/contacts.html.
    Additional instructions on commenting or visiting the docket, along 
with more information about dockets generally, is available at http://www.epa.gov/dockets.

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

SUPPLEMENTARY INFORMATION: 

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you manufacture, 
process, or use the chemical substances contained in this proposed 
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 proposed SNURs 
would need to certify their compliance with the SNUR requirements 
should these proposed rules be finalized. The EPA policy in support of 
import certification appears at 40 CFR part 707, subpart B. In 
addition, pursuant to 40 CFR 721.20, any persons who export or intend 
to export a chemical substance that is the subject of this proposed 
rule on or after November 15, 2018 are subject to the export 
notification provisions of TSCA section 12(b) (15 U.S.C. 2611(b)) 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 CBI to EPA through regulations.gov 
or email. Clearly mark the part or all of the information that you 
claim to be CBI. For CBI information in a disk or CD-ROM that you mail 
to EPA, mark the outside of the disk or CD-ROM as CBI and then identify 
electronically within the disk or CD-ROM the specific information that 
is claimed as CBI. In addition to one complete version of the comment 
that includes information claimed as CBI, a copy of the comment that 
does not contain the information claimed as CBI must be submitted for 
inclusion in the public docket. Information so marked will not be 
disclosed except in accordance with procedures set forth in 40 CFR part 
2.
    2. Tips for preparing your comments. When preparing and submitting 
your comments, see the commenting tips at http://www.epa.gov/dockets/comments.html.

II. Background

A. What action is the Agency taking?

    EPA is proposing these SNURs under TSCA section 5(a)(2) for 13 
chemical substances which were the subjects of PMNs P-16-192, P-16-354 
and P-16-355, P-16-380 through P-16-385, P-16-483 and P-16-484, P-16-
575, and P-16-581. These proposed SNURs would require persons who 
intend to manufacture or process any of these chemical substances for 
an activity that is designated as a significant new use to notify EPA 
at least 90 days before commencing that activity.
    The record for the proposed SNURs on these chemicals was 
established as docket EPA-HQ-OPPT-2017-0575. That record includes 
information considered by the Agency in developing these proposed 
SNURs.

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)(i) 
(15 U.S.C. 2604(a)(1)(B)(i)) 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. TSCA prohibits such 
manufacturing or processing from commencing until EPA has conducted a 
review of the SNUN, made an appropriate determination on the SNUN, 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. Pursuant 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) (15 U.S.C. 2604(a)(1)(A)). In 
particular, these requirements include the information submission 
requirements of TSCA sections 5(b) and 5(d)(1) (15 U.S.C. 2604(b) and 
2604(d)(1)), the exemptions authorized by TSCA sections 5(h)(1), 
5(h)(2), 5(h)(3), and 5(h)(5) and the regulations at 40 CFR part 720. 
Once EPA receives a SNUN, EPA must either

[[Page 52181]]

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 authorizes EPA to consider any other relevant factors.
    To determine what would constitute significant new uses for the 
chemical substances that are the subject of these SNURs, EPA considered 
relevant information about the toxicity of the chemical substances, and 
potential human exposures and environmental releases that may be 
associated with the conditions of use of the substances, in the context 
of the four bulleted TSCA section 5(a)(2) factors listed in this unit.

IV. Substances Subject to This Proposed Rule

    EPA is proposing significant new use and recordkeeping requirements 
for 13 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 SNUR.
     Information identified by EPA that would help characterize 
the potential health and/or environmental effects of the chemical 
substances if a manufacturer or processor is considering submitting a 
SNUN for a significant new use designated by the SNUR.
    This information may include testing not required to be conducted 
but which would help characterize the potential health and/or 
environmental effects of the PMN substance. Any recommendation for 
information identified by EPA was made based on EPA's consideration of 
available screening-level data, if any, as well as other available 
information on appropriate testing for the chemical substance. Further, 
any such testing identified by EPA that includes testing on vertebrates 
was made after consideration of available toxicity information, 
computational toxicology and bioinformatics, and high-throughput 
screening methods and their prediction models. EPA also recognizes that 
whether testing/further information is needed will depend on the 
specific exposure and use scenario in the SNUN. EPA encourages all SNUN 
submitters to contact EPA to discuss any potential future testing. See 
Unit VII. for more information.
     CFR citation assigned in the regulatory text section of 
these proposed rules.
    The regulatory text section of these proposed rules specifies the 
activities designated as significant new uses. Certain new uses, 
including production volume limits and other uses designated in the 
proposed rules, may be claimed as CBI.
    The chemical substances that are the subject of these proposed 
SNURs are undergoing premanufacture review. EPA has initially 
determined under TSCA section 5(a)(2), 15 U.S.C. 2604(a)(2), that 
certain changes from the conditions of use described in the PMNs could 
result in changes in the type or form of exposure to the chemical 
substances and/or increased exposures to the chemical substances and/or 
changes in the reasonably anticipated manner and methods of 
manufacturing, processing, distribution in commerce, and disposal of 
the chemical substances. Consequently, EPA is proposing to designate 
these changes as significant new uses.

PMN Number: P-16-192

    Chemical Name: Silanized amorphous silica (generic).
    CAS Number: Not available.
    Basis for action: The PMN states that the use of the substance will 
be as a reinforcing filler for the production of rubber goods. Based on 
test data for crystalline silica, EPA identified concerns for lung 
effects if the chemical substance is not used following the limitations 
noted below. The conditions of use of the PMN substance as described in 
the PMN include the following protective measures:
    1. Manufacture of the PMN substance in an amorphous form.
    The proposed SNUR would designate as a ``significant new use'' the 
absence of this protective measure.
    Potentially useful information: EPA has determined that certain 
information about the physical-chemical properties of the PMN substance 
may be potentially useful if a manufacturer or processor is considering 
submitting a SNUN for a significant new use that would be designated by 
this proposed SNUR. EPA has determined that information about the 
physical form, particle size, and water solubility would help 
characterize the potential health effects of the PMN substance.
    CFR citation: 40 CFR 721.11182.

PMN Numbers: P-16-354 and P-16-355

    Chemical name: Esteramine (generic).
    CAS number: Not available.
    Basis for action: The PMNs state that the generic (non-
confidential) use of the substances will be as a chemical intermediate. 
Based on the physical/chemical properties of the PMN substances and 
Structure Analysis Relationships (SAR) analysis of test data on 
analogous substances, EPA has identified concerns for irritation and 
developmental/reproductive toxicity, and aquatic toxicity at surface 
water concentrations exceeding 1 part per billion (ppb), if the 
chemical substances are not used following the limitations noted below. 
The conditions of use of the PMN substances as described in the PMNs 
include the following protective measures:
    1. No release of a manufacturing, processing, or use stream 
associated with any use of the substances, other than the confidential 
chemical intermediate use described in the PMNs, into the waters of the 
United States exceeding a surface water concentration of 1 ppb; and
    2. No manufacturing, processing or use of the PMN substances 
resulting in inhalation exposures to the substances.
    The proposed SNUR would designate as a ``significant new use'' the 
absence of these protective measures.
    Potentially useful information: EPA has determined that certain 
information about the aquatic and human health toxicity of the PMN 
substances may be potentially useful to characterize the health and 
environmental effects of the PMN substances if a manufacturer or

[[Page 52182]]

processor is considering submitting a SNUN for a significant new use 
that would be designated by this proposed SNUR. EPA has determined that 
the results of specific organ toxicity and aquatic toxicity testing 
would help characterize the potential health and environmental effects 
of the PMN substances.
    CFR citation: 40 CFR 721.11183.

PMN Numbers: P-16-380, P-16-381, P-16-382, P-16-383, P-16-384, and P-
16-385

    Chemical Names: Formic acid, compds. with hydrolyzed bisphenol A-
epichlorohydrin-polyethylene glycol ether with bisphenol A (2:1) 
polymer-N1-(1,3-dimethylbutylidene)-N2-[2-[(1, 3-
dimethylbutylidene)amino]ethyl]-1,2-ethanediamine-dialdehyde-2-
(methylamino)ethanol reaction products acetates (salts), (generic) (P-
16-380), propanoic acid, 2-hydroxy-, compds. with hydrolyzed bisphenol 
A-epichlorohydrin-polyethylene glycol ether with bisphenol A (2:1) 
polymer-N1-(1,3-dimethylbutylidene)-N2-[2-[(1, 3-
dimethylbutylidene)amino]ethyl]-1,2-ethanediamine-dialdehyde-2-
(methylamino)ethanol reaction products formates (salts), (generic) (P-
16-381), formic acid, compds. with hydrolyzed bisphenol A-
epichlorohydrin-polyethylene glycol ether with bisphenol A (2:1) 
polymer-N1-(1,3-dimethylbutylidene)-N2-[2-[(1, 3-
dimethylbutylidene)amino] ethyl]-1,2-ethanediamine-dialdehyde-2-
(methylamino)ethanol reaction products sulfamates (salts), (generic) 
(P-16-382), formic acid, compds. with hydrolyzed bisphenol A-
epichlorohydrin-polyethylene glycol ether with bisphenol A (2:1) 
polymer-N1-(1,3-dimethylbutylidene)-N2-[2-[(1, 3-
dimethylbutylidene)amino] ethyl]-1,2-ethanediamine-dialdehyde-2-
(methylamino)ethanol reaction products acetates (salts), (generic) (P-
16-383), propanoic acid, 2-hydroxy-, compds. with hydrolyzed bisphenol 
A-epichlorohydrin-polyethylene glycol ether with bisphenol A (2:1) 
polymer-N1-(1,3-dimethylbutylidene)-N2-[2-[(1, 3-
dimethylbutylidene)amino]ethyl]-1,2-ethanediamine-dialdehyde-2-
(methylamino)ethanol reaction products formates (salts), (generic) (P-
16-384), formic acid, compds. with hydrolyzed bisphenol A-
epichlorohydrin-polyethylene glycol ether with bisphenol A (2:1) 
polymer-N1-(1,3-dimethylbutylidene)-N2-[2-[(1, 3-
dimethylbutylidene)amino]ethyl]-1,2-ethanediamine-dialdehyde-2-
(methylamino)ethanol reaction products sulfamates (salts), (generic) 
(P-16-385).
    CAS Numbers: Not available.
    Basis for action: The PMNs state that the generic (non-
confidential) use of the substances will be as a component of an 
electrocoat resin. Based on the physical/chemical properties of the PMN 
substances and test data on analogous substances, EPA has identified 
concerns for lung effects and toxicity to aquatic organisms at 
concentrations that exceed 16 ppb if the chemical substances are not 
used following the limitations noted below. The conditions of use of 
the PMN substances as described in the PMNs include the following 
protective measures:
    1. No manufacturing, processing or use of the PMN substances 
resulting in inhalation exposures to the substances; and
    2. No release of a manufacturing, processing, or use stream 
associated with any use of the substances exceeding a surface water 
concentration of 16 ppb.
    The proposed SNUR would designate as a ``significant new use'' the 
absence of these protective measures.
    Potentially useful information: EPA has determined that certain 
information about the health and environmental effects of the PMN 
substances may be potentially useful if a manufacturer or processor is 
considering submitting a SNUN for a significant new use that would be 
designated by this proposed SNUR. EPA has determined that the results 
of specific target organ, pulmonary, and acute aquatic toxicity testing 
would help characterize the potential health and environmental effects 
of the PMN substances.
    CFR citation: 40 CFR 721.11184 (P-16-380); 40 CFR 721.11185 (P-16-
381); 40 CFR 721.11186 (P-16-382); 40 CFR 721.11187 (P-16-383); 40 CFR 
721.11188 (P-16-384); and 40 CFR 721.11189 (P-16-385).

PMN Numbers: P-16-483 and P-16-484

    Chemical names: Inorganic acids, metal salts, compds. with modified 
heteroaromatics, (generic) (P-16-483) and Inorganic acids, metal salts, 
compds. with substituted aromatic heterocycle, (generic) (P-16-484).
    CAS numbers: Not available.
    Basis for action: The PMNs state that the generic (non-
confidential) use of P-16-483 will be as a plastic additive and the 
generic (non-confidential) use of P-16-484 will be as a chemical 
intermediate. Based on test data submitted on P-16-483 and data for 
analogous compounds, EPA has identified concerns for irritation, 
specific organ effects, and aquatic toxicity if the chemical is not 
used following the limitations noted below. The conditions of use of 
the PMN substances as described in the PMNs include the following 
protective measures:
    1. No use of the substances other than the confidential use 
described in the PMNs;
    2. No release of a manufacturing, processing, or use stream 
associated with any use of the substances exceeding a surface water 
concentration of 34 ppb; and
    3. No manufacturing, processing or use of the PMN substances 
without the engineering controls described in the PMNs to limit 
exposure to dust.
    The proposed SNUR would designate as a ``significant new use'' the 
absence of these protective measures.
    Potentially useful information: EPA has determined that certain 
information about the human health and environmental toxicity of the 
PMN substances may be potentially useful to characterize the effects of 
the PMN substances if a manufacturer or processor is considering 
submitting a SNUN for a significant new use that would be designated by 
this proposed SNUR. EPA has determined that the results of aquatic 
toxicity and specific organ toxicity and aquatic toxicity testing would 
help characterize the potential health and environmental effects of the 
PMN substances.
    CFR citations: 40 CFR 721.11190 (P-16-683) and 40 CFR 721.11191 (P-
16-684).

PMN Number: P-16-575

    Chemical name: Glucosyltransferase. International Union of 
Biochemistry and Molecular Biology Number: 2.4.1.5
    CAS number: 9032-14-8.
    Basis for action: The PMN states that the use of the substance will 
be for polymerization of glucose. Based on the allergenic properties of 
proteins and review of surrogate enzymatic protein data submitted, EPA 
has identified concerns for respiratory sensitization if the chemical 
is not used following the limitations noted below. The conditions of 
use of the PMN substance as described in the PMN include the following 
protective measure:
    1. No manufacture, processing, or use of the PMN substance that 
results in inhalation exposures to the substance.
    The proposed SNUR would designate as a ``significant new use'' the 
absence of this protective measure.
    Potentially useful information: EPA has determined that certain 
information about the workplace exposure to the PMN substance may be 
potentially useful to characterize the health effects of the PMN 
substance if a manufacturer or processor is considering submitting a 
SNUN for a significant new use that

[[Page 52183]]

would be designated by this proposed SNUR. EPA has determined that the 
results of workplace air monitoring would help characterize the 
potential health effects of the PMN substance.
    CFR citation: 40 CFR 721.11192.

PMN Number: P-16-581

    Chemical name: Alpha 1,3-polysaccharide (generic).
    CAS number: Not available.
    Basis for action: The PMN states that the uses of the substance 
will be as a polymer additive, paper coating component, composite 
component, and fiber additive. Based on analogy to high molecular 
weight polymers, EPA has identified concerns for lung effects if the 
chemical is not used following the limitations noted below. The 
conditions of use of the PMN substance as described in the PMN include 
the following protective measures:
    1. No use of the substance other than the uses described in the 
PMN; and
    2. No manufacture, processing, or use with particle size less than 
10 micrometers.
    The proposed SNUR would designate as a ``significant new use'' the 
absence of these protective measures.
    Potentially useful information: EPA has determined that certain 
information about the toxicity of the PMN substance may be potentially 
useful to characterize the health effects of the PMN substance if a 
manufacturer or processor is considering submitting a SNUN for a 
significant new use that would be designated by this proposed SNUR. EPA 
has determined that the results of pulmonary effects toxicity testing 
of the PMN substance may be potentially useful in characterizing the 
health effects of the PMN substance.
    CFR citation: 40 CFR 721.11193.

V. Rationale and Objectives of the Proposed Rule

A. Rationale

    During review of the PMNs submitted for the chemical substances 
that are the subject of these proposed SNURs and as further discussed 
in Unit IV, EPA identified certain reasonably foreseen changes from the 
conditions of use identified in the PMNs and determined that those 
changes could result in changes in the type or form of exposure to the 
chemical substances and/or increased exposures to the chemical 
substances and/or changes in the reasonably anticipated manner and 
methods of manufacturing, processing, distribution in commerce, and 
disposal of the chemical substances.

B. Objectives

    EPA is proposing SNURs for 13 specific chemical substances which 
are undergoing premanufacture review because the Agency wants to 
achieve the following objectives with regard to the significant new 
uses that would be designated in this proposed rule:
     EPA would 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 would be obligated to make a determination under TSCA 
section 5(a)(3) regarding the use described in the SNUN, under the 
conditions of use. The Agency will either determine under section 
5(a)(3)(C) that the significant new use is not likely to present an 
unreasonable risk, including an unreasonable risk to a potentially 
exposed or susceptible subpopulation identified as relevant by the 
Administrator under the conditions of use, or make a determination 
under section 5(a)(3)(A) or (B) and take the required regulatory action 
associated with the determination, before manufacture or processing for 
the significant new use of the chemical substance can occur.
    Issuance of a proposed SNUR for a chemical substance does not 
signify that the chemical substance is listed on the 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. Applicability of the Proposed Rules to Uses Occurring Before the 
Effective Date of the Final Rule

    To establish a significant new use, EPA must determine that the use 
is not ongoing. The chemical substances subject to this proposed rule 
were undergoing premanufacture review at the time of signature of this 
proposed rule and were not on the TSCA Inventory. 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 
the chemical substances subject to this proposed SNUR, EPA concludes 
that the proposed significant new uses are not ongoing.
    EPA designates October 10, 2018, as the cutoff date for determining 
whether the new use is ongoing. The objective of EPA's approach is to 
ensure that a person cannot defeat a SNUR by initiating a significant 
new use before the effective date of the final rule.
    Persons who begin commercial manufacture or processing of the 
chemical substances for a significant new use identified on or after 
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 
EPA would have to take action under section 5 allowing manufacture or 
processing to proceed.

VII. Development and Submission of Information

    EPA recognizes that TSCA section 5 does not require development of 
any particular new information (e.g., generating test data) before 
submission of a SNUN. There is an exception: If a person is required to 
submit information for a chemical substance pursuant to a rule, order 
or consent agreement under TSCA section 4 (15 U.S.C. 2603), then TSCA 
section 5(b)(1)(A) (15 U.S.C. 2604(b)(1)(A)) requires such information 
to be submitted to EPA at the time of submission of the SNUN.
    In the absence of a rule, order, or consent agreement under TSCA 
section 4 covering the chemical 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 
Sec.  720.50). However, upon review of PMNs and SNUNs, the Agency has 
the authority to require appropriate testing. Unit IV. lists 
potentially useful information for all SNURs listed here. Descriptions 
are provided for informational purposes. The potentially useful 
information identified in Unit IV. will be useful to EPA's evaluation 
in the event that someone submits a SNUN for the significant new use. 
Companies who are considering submitting a SNUN are encouraged, but not 
required, to develop the information on the substance, which may assist 
with EPA's analysis of the SNUN.
    EPA strongly encourages persons, before performing any testing, to 
consult with the Agency pertaining to protocol selection. Furthermore, 
pursuant to TSCA section 4(h), which pertains to reduction of testing 
in vertebrate animals, EPA encourages consultation with the Agency on 
the use of alternative test methods and strategies (also called New 
Approach Methodologies, or NAMs), if available, to generate the 
recommended test data. EPA encourages dialog with Agency 
representatives to help determine how best the submitter can meet both 
the

[[Page 52184]]

data needs and the objective of TSCA section 4(h).
    The potentially useful information described in Unit IV. may not be 
the only means of providing information to evaluate the chemical 
substance associated with the significant new uses. However, submitting 
a SNUN without any test data may increase the likelihood that EPA will 
take action under TSCA section 5(e) or 5(f). 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.
     Information on risks posed by the chemical substances 
compared to risks posed by potential substitutes.

VIII. SNUN Submissions

    According to Sec.  721.1(c), persons submitting a SNUN must comply 
with the same notification requirements and EPA regulatory procedures 
as persons submitting a PMN, including submission of test data on 
health and environmental effects as described in Sec.  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 Sec.  720.40 and Sec.  721.25. E-PMN software is available 
electronically at https://www.epa.gov/reviewing-new-chemicals-under-toxic-substances-control-act-tsca.

IX. Economic Analysis

    EPA has evaluated the potential costs of establishing SNUN 
requirements for potential manufacturers and processors of the chemical 
substances subject to this proposed rule. EPA's complete economic 
analysis is available in the docket under docket ID number EPA-HQ-OPPT-
2017-0575.

X. Statutory and Executive Order Reviews

A. Executive Order 12866

    This proposed rule would establish SNURs for 13 new chemical 
substances that were the subject of PMNs. 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.
    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. 605(b)), 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 SNUN submitted by any small entity would not cost 
significantly more than $9,816.
    A copy of that certification is available in the docket for this 
action.
    This proposed rule 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 $9.816.
    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 proposed 
rule. As such, EPA has determined that this proposed rule 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. 1502, 1503, 1504, or 1505 
et seq.).

E. Executive Order 13132

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

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.

[[Page 52185]]

H. Executive Order 13211

    This proposed rule 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 Sec.  12(d) (Pub. L. 104-113, 12(d)), 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).

List of Subjects in 40 CFR Part 721

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

    Dated: October 5, 2018.
Tala R. Henry,
Acting Director, Office of Pollution Prevention and Toxics.

    Therefore, it is proposed that 40 CFR part 721 is amended as 
follows:

PART 721--[AMENDED]

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

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

0
2. Add Sec.  721.11182 to subpart E to read as follows:


Sec.  721.11182  Silanized amorphous silica (generic).

    (a) Chemical substance and significant new uses subject to 
reporting.
    (1) The chemical substance generically identified as silanized 
amorphous silica (P-16-192) 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. It is a significant new use to 
manufacture the substance other than in an amorphous form.
    (ii) [Reserved]
    (b) Specific requirements. The provisions of subpart A of this part 
apply to this section except as modified by this paragraph (b).
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.  
721.125(a) through (c), and (i) are applicable to manufacturers, 
importers, and processors of this substance.
    (2) Limitations or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.
0
3. Add Sec.  721.11183 to subpart E to read as follows:


Sec.  721.11183  Esteramine (generic).

    (a) Chemical substance and significant new uses subject to 
reporting.
    (1) The chemical substances identified generically as esteramine 
(PMN P-16-354 and P-16-355) are subject to reporting under this section 
for the significant new uses described in paragraph (a)(2) of this 
section.
    (2) The significant new uses are:
    (i) Industrial, commercial, and consumer activities. Requirements 
as specified in Sec.  721.80. It is a significant new use to 
manufacture, process, or use the substances in any manner that results 
in inhalation exposure. It is a significant new use to release a 
manufacturing, processing, or use stream associated with any use of the 
substances, other than the confidential chemical intermediate use 
described in the premanufacture notices, into the waters of the United 
States exceeding a surface water concentration of 1 part per billion 
(ppb) using the methods described in Sec.  721.91.
    (ii) [Reserved]
    (b) Specific requirements. The provisions of subpart A of this part 
apply to this section except as modified by this paragraph (b).
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.  
721.125(a) though (e), and (i) are applicable to manufacturers and 
processors of these substances.
    (2) Limitations or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.
0
4. Add Sec.  721.11184 to subpart E to read as follows:


Sec.  721.11184   Formic acid, compds. with hydrolyzed bisphenol A-
epichlorohydrin-polyethylene glycol ether with bisphenol A (2:1) 
polymer-N1-(1,3-dimethylbutylidene)-N2-[2-[(1, 3-
dimethylbutylidene)amino]ethyl]-1,2-ethanediamine-dialdehyde-2-
(methylamino)ethanol reaction products acetates (salts), (generic)

    (a) Chemical substance and significant new uses subject to 
reporting.
    (1) The chemical substance generically identified as formic acid, 
compds. with hydrolyzed bisphenol A-epichlorohydrin-polyethylene glycol 
ether with bisphenol A (2:1) polymer-N1-(1,3-dimethylbutylidene)-N2-[2-
[(1, 3-dimethylbutylidene)amino]ethyl]-1,2-ethanediamine-dialdehyde-2-
(methylamino)ethanol reaction products acetates (salts), (P-16-380) 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. It is a significant new use to 
manufacture, process, or use the substance in any manner that results 
in inhalation exposure.
    (ii) Release to water. Requirements as specified in Sec.  
721.90(a)(4), (b)(4), and (c)(4) where N = 16.
    (b) Specific requirements. The provisions of subpart A of this part 
apply to this section except as modified by this paragraph (b).
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.  
721.125(a) through (c), (i), and (k) are applicable to manufacturers, 
importers, 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.  721.11185 to subpart E to read as follows:


Sec.  721.11185  Propanoic acid, 2-hydroxy-, compds. with hydrolyzed 
bisphenol A-epichlorohydrin-polyethylene glycol ether with bisphenol A 
(2:1) polymer-N1-(1,3-dimethylbutylidene)-N2-[2-[(1, 3-
dimethylbutylidene) amino]ethyl]-1,2-ethanediamine-dialdehyde-2-
(methylamino)ethanol reaction products formates (salts), (generic).

    (a) Chemical substance and significant new uses subject to 
reporting.
    (1) The chemical substance generically as propanoic acid, 2-
hydroxy-, compds. with hydrolyzed bisphenol A-epichlorohydrin-
polyethylene glycol ether with bisphenol A (2:1) polymer-N1-(1,3-
dimethylbutylidene)-N2-[2-[(1, 3-dimethylbutylidene)amino]ethyl]-1,2-
ethanediamine-dialdehyde-2-(methylamino)ethanol reaction products 
formates (salts), (P-16-381) 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. It is a significant new use to 
manufacture, process, or use the substance in any manner that results 
in inhalation exposure.

[[Page 52186]]

    (ii) Release to water. Requirements as specified in Sec.  
721.90(a)(4), (b)(4), and (c)(4) where N = 16.
    (b) Specific requirements. The provisions of subpart A of this part 
apply to this section except as modified by this paragraph (b).
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.  
721.125(a) through (c), (i), and (k) are applicable to manufacturers, 
importers, and processors of this substance.
    (2) Limitations or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.
0
6. Add Sec.  721.11186 to subpart E to read as follows:


Sec.  721.11186  Formic acid, compds. with hydrolyzed bisphenol A-
epichlorohydrin-polyethylene glycol ether with bisphenol A (2:1) 
polymer-N1-(1,3-dimethylbutylidene)-N2-[2-[(1, 3-dimethylbutylidene) 
amino]ethyl]-1,2-ethanediamine-dialdehyde-2-(methylamino)ethanol 
reaction products sulfamates (salts), (generic),

    (a) Chemical substance and significant new uses subject to 
reporting.
    (1) The chemical substance generically identified as formic acid, 
compds. with hydrolyzed bisphenol A-epichlorohydrin-polyethylene glycol 
ether with bisphenol A (2:1) polymer-N1-(1,3-dimethylbutylidene)-N2-[2-
[(1, 3-dimethylbutylidene)amino]ethyl]-1,2-ethanediamine-dialdehyde-2-
(methylamino)ethanol reaction products sulfamates (salts), (P-16-382) 
is subject to reporting under this section for the significant new uses 
described in paragraph (a)(2) of this section.
    (2) The significant new uses are:
    (i) Industrial, Commercial, and consumer activities. Requirements 
as specified in Sec.  721.80. It is a significant new use to 
manufacture, process, or use the substance in any manner that results 
in inhalation exposure.
    (ii) Release to water. Requirements as specified in Sec.  
721.90(a)(4), (b)(4), and (c)(4) where N = 16.
    (b) Specific requirements. The provisions of subpart A of this part 
apply to this section except as modified by this paragraph (b).
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.  
721.125(a) through (c), (i), and (k) are applicable to manufacturers, 
importers, 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.  721.11187 to subpart E to read as follows:


Sec.  721.11187  Formic acid, compds. with hydrolyzed bisphenol A-
epichlorohydrin-polyethylene glycol ether with bisphenol A (2:1) 
polymer-N1-(1,3-dimethylbutylidene)-N2-[2-[(1, 3-dimethylbutylidene) 
amino]ethyl]-1,2-ethanediamine-dialdehyde-2-(methylamino)ethanol 
reaction products acetates (salts), (generic).

    (a) Chemical substance and significant new uses subject to 
reporting.
    (1) The chemical substance generically identified as formic acid, 
compds. with hydrolyzed bisphenol A-epichlorohydrin-polyethylene glycol 
ether with bisphenol A (2:1) polymer-N1-(1,3-dimethylbutylidene)-N2-[2-
[(1, 3-dimethylbutylidene)amino]ethyl]-1,2-ethanediamine-dialdehyde-2-
(methylamino)ethanol reaction products acetates (salts), (P-16-383) 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. It is a significant new use to 
manufacture, process, or use the substance in any manner that results 
in inhalation exposure.
    (ii) Release to water. Requirements as specified in Sec.  
721.90(a)(4), (b)(4), and (c)(4) where N = 16.
    (b) Specific requirements. The provisions of subpart A of this part 
apply to this section except as modified by this paragraph (b).
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.  
721.125(a) through (c), (i), and (k) are applicable to manufacturers, 
importers, and processors of this substance.
    (2) Limitations or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.
0
8. Add Sec.  721.11188 to subpart E to read as follows:


Sec.  721.11188  Propanoic acid, 2-hydroxy-, compds. with hydrolyzed 
bisphenol A-epichlorohydrin-polyethylene glycol ether with bisphenol A 
(2:1) polymer-N1-(1,3-dimethylbutylidene)-N2-[2-[(1, 3-
dimethylbutylidene)amino]ethyl]-1,2-ethanediamine-dialdehyde-2-
(methylamino)ethanol reaction products formates (salts), (generic).

    (a) Chemical substance and significant new uses subject to 
reporting.
    (1) The chemical substance generically identified as propanoic 
acid, 2-hydroxy-, compds. with hydrolyzed bisphenol A-epichlorohydrin-
polyethylene glycol ether with bisphenol A (2:1) polymer-N1-(1,3-
dimethylbutylidene)-N2-[2-[(1, 3-dimethylbutylidene)amino] ethyl]-1,2-
ethanediamine-dialdehyde-2-(methylamino)ethanol reaction products 
formates (salts), (P-16-384) 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. It is a significant new use to 
manufacture, process, or use the substance in any manner that results 
in inhalation exposure.
    (ii) Release to water. Requirements as specified in Sec.  
721.90(a)(4), (b)(4), and (c)(4) where N = 16.
    (b) Specific requirements. The provisions of subpart A of this part 
apply to this section except as modified by this paragraph (b).
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.  
721.125(a) through (c), (i), and (k) are applicable to manufacturers, 
importers, and processors of this substance.
    (2) Limitations or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.
0
9. Add Sec.  721.11189 to subpart E to read as follows:


Sec.  721.11189  Formic acid, compds. with hydrolyzed bisphenol A-
epichlorohydrin-polyethylene glycol ether with bisphenol A (2:1) 
polymer-N1-(1,3-dimethylbutylidene)-N2-[2-[(1, 3-dimethylbutylidene) 
amino]ethyl]-1,2-ethanediamine-dialdehyde-2-(methylamino)ethanol 
reaction products sulfamates (salts), (generic).

    (a) Chemical substance and significant new uses subject to 
reporting.
    (1) The chemical substance generically identified as formic acid, 
compds. with hydrolyzed bisphenol A-epichlorohydrin-polyethylene glycol 
ether with bisphenol A (2:1) polymer-N1-(1,3-dimethylbutylidene)-N2-[2-
[(1, 3-dimethylbutylidene)amino]ethyl]-1,2-ethanediamine-dialdehyde-2-
(methylamino)ethanol reaction products sulfamates (salts), (P-16-385) 
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. It is a significant new use to 
manufacture, process, or use the substance in any manner that results 
in inhalation exposure.
    (ii) Release to water. Requirements as specified in Sec.  
721.90(a)(4), (b)(4), and (c)(4) where N = 16.
    (b) Specific requirements. The provisions of subpart A of this part 
apply to this section except as modified by this paragraph (b).
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.  
721.125(a) through (c), (i), and (k) are

[[Page 52187]]

applicable to manufacturers, importers, 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.  721.11190 to subpart E to read as follows:


Sec.  721.11190  Inorganic acids, metal salts, compds. with modified 
heteroaromatics, (generic).

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified generically as 
inorganic acids, metal salts, compds. with modified heteroaromatics, 
(PMN P-16-483) 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). It is a significant new use to 
manufacture, process, or use the substance without the engineering 
controls described in the premanufacture notice to limit exposure to 
dust.
    (ii) Release to water. Requirements as specified in Sec.  
721.90(a)(4), (b)(4), and (c)(4) where N = 34 ppb.
    (b) Specific requirements. The provisions of subpart A of this part 
apply to this section except as modified by this paragraph (b).
    (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)(i) of 
this section.
0
11. Add Sec.  721.11191 to subpart E to read as follows:


Sec.  721.11191  Inorganic acids, metal salts, compds. with substituted 
aromatic heterocycle, (generic).

    (a) Chemical substance and significant new uses subject to 
reporting.
    (1) The chemical substance identified generically as inorganic 
acids, metal salts, compds. with substituted aromatic heterocycle, (PMN 
P-16-484) is subject to reporting under this section for the 
significant new uses described in paragraph (a)(2) of this section.
    (2) The significant new uses are:
    (i) Industrial, commercial, and consumer activities. Requirements 
as specified in Sec.  721.80(j). It is a significant new use to 
manufacture, process, or use the substance without the engineering 
controls described in the premanufacture to limit exposure to dust.
    (ii) Release to water. Requirements as specified in Sec.  
721.90(a)(4), (b)(4), and (c)(4) where N = 34.
    (b) Specific requirements. The provisions of subpart A of this part 
apply to this section except as modified by this paragraph (b).
    (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)(i) of 
this section.
0
12. Add Sec.  721.11192 to subpart E to read as follows:


Sec.  721.11192  Glucosyltransferase, International Union of 
Biochemistry and Molecular Biology Number: 2.4.1.5.

    (a) Chemical substance and significant new uses subject to 
reporting.
    (1) The chemical substance identified as glucosyltransferase, 
International Union of Biochemistry and Molecular Biology Number: 
2.4.1.5 (PMN P-16-575, CAS No. 9032-14-8) 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) Industrial, commercial, and consumer activities. Requirements 
as specified in Sec.  721.80(y)(1) and (y)(2).
    (ii) [Reserved]
    (b) Specific requirements. The provisions of subpart A of this part 
apply to this section except as modified by this paragraph (b).
    (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
13. Add Sec.  721.11193 to subpart E to read as follows:


Sec.  721.11193  Alpha 1,3-polysaccharide (generic).

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance generically identified as alpha 
1,3-polysaccharide (generic) (PMN P-16-581) 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. It is a significant new use to use the 
substance other than as a polymer additive, paper coating component, 
composite component, or fiber additive. It is a significant new use to 
manufacture, process or use the PMN substance with particle size less 
than 10 micrometers.
    (ii) [Reserved]
    (b) Specific requirements. The provisions of subpart A of this part 
apply to this section except as modified by this paragraph (b).
    (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.

[FR Doc. 2018-22397 Filed 10-15-18; 8:45 am]
 BILLING CODE 6560-50-P



                                                                       Federal Register / Vol. 83, No. 200 / Tuesday, October 16, 2018 / Proposed Rules                                              52179

                                                III. Notice and Comment                                 System (ISS); and (3) removal of the                  information on the Petition may be
                                                IV. Ordering Paragraphs                                 conflation of differential flows between              accessed via the Commission’s website
                                                I. Introduction                                         Output Sub System (OSS) operations                    at http://www.prc.gov. Interested
                                                                                                        and automation barcode sortation (BCS)                persons may submit comments on the
                                                   On October 5, 2018, the Postal Service               operations in the Marketing Mail Letters              Petition and Proposal Eight no later than
                                                filed a petition pursuant to 39 CFR                     cost model. Id. at 3.                                 November 9, 2018. Pursuant to 39
                                                3050.11 requesting that the Commission                     The Postal Service states that                     U.S.C. 505, the Commission designates
                                                initiate a rulemaking proceeding to                     modification 1 aligns the current                     Katalin K. Clendenin as an officer of the
                                                consider changes to analytical                          operational flows of automation pre-                  Commission (Public Representative) to
                                                principles relating to periodic reports.1               barcoded Mixed AADC (MAADC) mail                      represent the interests of the general
                                                The Petition identifies the proposed                    with modeled automation mail. Id. at 4.               public in this proceeding.
                                                analytical changes filed in this docket as              The modification changes the inflow of
                                                Proposal Eight.                                         10,000 pieces of modeled mail from the                IV. Ordering Paragraphs
                                                II. Proposal Eight                                      outgoing secondary entry point. Id. The                 It is ordered:
                                                                                                        Postal Service states that the                          1. The Commission establishes Docket
                                                   Background. The Postal Service seeks                 ‘‘modification directly impacts only the              No. RM2019–1 for consideration of the
                                                to modify the modeling methodology in                   Automation MAADC Presort Letters and                  matters raised by the Petition of the
                                                First-Class Mail and Marketing Mail                     Cards categories.’’ Id.                               United States Postal Service for the
                                                Letter cost models to reflect current                      The Postal Service states that the                 Initiation of a Proceeding to Consider
                                                operational flows. Petition, Proposal                   current letter models do not account for              Proposed Changes in Analytical
                                                Eight at 1. The Postal Service states that              mechanical rejects that flow to manual                Principles (Proposal Eight), filed
                                                Proposal Eight relates to the                           operations. Id. The Postal Service states             October 5, 2018.
                                                Commission’s directive in the FY 2017                   that the delivery BCS (DBCS) Input                      2. Comments by interested persons in
                                                Annual Compliance Determination                         Output Sub System (DIOSS) reject rate                 this proceeding are due no later than
                                                Report for the Postal Service to ‘‘provide              is composed of the OSS rate of rejects                November 9, 2018.
                                                a plan to move the passthrough toward                   flowing to manual operations. Id.                       3. Pursuant to 39 U.S.C. 505, the
                                                100 percent’’ for USPS Marketing Mail                   Modification 2 ‘‘corrects the DIOSS                   Commission appoints Katalin K.
                                                Automation Letters Barcoding.2 The                      operations’ treatment of rejects to that of           Clendenin to serve as an officer of the
                                                Postal Service states Proposal Eight                    traditional OSS/ISS operations for                    Commission (Public Representative) to
                                                ‘‘aligns the barcode cost avoidance and                 treatment of pieces flowing to manual                 represent the interests of the general
                                                the associated passthrough with the                     operations and to OSS operations.’’ Id.               public in this docket.
                                                Commission’s directive.’’ Id.                              The Postal Service suggests that the                 4. The Secretary shall arrange for
                                                   The Postal Service states that it                    current Marketing Mail Letters cost                   publication of this Order in the Federal
                                                developed its current mail processing                   model, calculating the barcode cost                   Register.
                                                letter cost models when cancellation                    avoidance as the difference between                     By the Commission.
                                                equipment had limited functionality. Id.                modeled (Non-Automation) Machinable
                                                at 2. The outgoing primary scheme                                                                             Stacy L. Ruble,
                                                                                                        MAADC letters and Automation
                                                could not isolate mail for all automated                MAADC letters, ‘‘conflates the value of               Secretary.
                                                area distribution centers (AADCs), and                  the barcode with intrinsic differences                [FR Doc. 2018–22457 Filed 10–15–18; 8:45 am]
                                                mail for low volume AADCs flowed to                     between non-barcoded and automation                   BILLING CODE 7710–FW–P
                                                the outgoing secondary scheme. Id.                      mail.’’ Id. at 5. Modification 3 corrects
                                                   The Postal Service states that due to                the model for machinable MAADC mail
                                                advances in Optical Character                           by using the same down flow densities                 ENVIRONMENTAL PROTECTION
                                                Recognition (OCR) technology, its                       as automation MAADC mail, ‘‘thereby                   AGENCY
                                                Advanced Facer Canceller System                         accurately estimating the value of a
                                                (AFCS) is now able to read addresses                    barcode when used as a benchmark.’’ Id.               40 CFR Part 721
                                                and isolate locally-processed mail from                 The Postal Service states that this                   [EPA–HQ–OPPT–2017–0575; FRL–9984–93]
                                                mail destinating in the service territory               modification applies only to Marketing
                                                of other processing facilities. Id. This                                                                      RIN 2070–AB27
                                                                                                        Mail Letters. Id. at 6.
                                                capability eliminated the need for local                   Rationale and impact. The Postal
                                                separations on outgoing primary                                                                               Significant New Use Rules on Certain
                                                                                                        Service states that it intends for the
                                                schemes, or the processing of pre-                                                                            Chemical Substances
                                                                                                        proposal to modify the letter processing
                                                barcoded mail on the outgoing                           models to reflect ‘‘current operational               AGENCY:  Environmental Protection
                                                secondary scheme. Id. The Postal                        reality.’’ Id. at 1. The Postal Service               Agency (EPA).
                                                Service states the result is an increased               states that the proposal would increase               ACTION: Proposed rule.
                                                quantity of mail processed on the                       the barcode cost avoidance of Marketing
                                                outgoing primary scheme. Id. at 2–3.                    Mail Automation MAADC letters from                    SUMMARY:   EPA is proposing significant
                                                   Proposal. The Postal Service proposes                $0.001 to $0.006, while reducing the                  new use rules (SNURs) under the Toxic
                                                three operational and methodological                    passthrough from 1300 percent to 217                  Substances Control Act (TSCA) for 13
                                                changes: (1) Modification of models to                  percent. Id. at 6. The Postal Service                 chemical substances which are the
                                                reflect current operational flows; (2)                  provides the change in mail processing                subject of premanufacture notices
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                                                correction of the exclusion of                          unit costs for Marketing Mail Letters                 (PMNs). This action would require
                                                mechanical rejects from the Input Sub                   and First-Class Mail Letters and Cards.               persons to notify EPA at least 90 days
                                                                                                        Id. at 7–8.                                           before commencing manufacture
                                                  1 Petition of the United States Postal Service for
                                                                                                                                                              (defined by statute to include import) or
                                                the Initiation of a Proceeding to Consider Proposed     III. Notice and Comment                               processing of any of these 13 chemical
                                                Changes in Analytical Principles (Proposal Eight),
                                                October 5, 2018 (Petition).                                The Commission establishes Docket                  substances for an activity that is
                                                  2 Id. Docket No. ACR2017, Annual Compliance           No. RM2019–1 for consideration of                     designated as a significant new use by
                                                Determination Report, March 29, 2018, at 26.            matters raised by the Petition. More                  this proposed rule. If this proposed rule


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                                                52180                 Federal Register / Vol. 83, No. 200 / Tuesday, October 16, 2018 / Proposed Rules

                                                is made final, persons may not                             • Manufacturers or processors of one               355, P–16–380 through P–16–385, P–
                                                commence manufacture or processing                      or more subject chemical substances                   16–483 and P–16–484, P–16–575, and
                                                for the significant new use until they                  (NAICS codes 325 and 324110), e.g.,                   P–16–581. These proposed SNURs
                                                have submitted a Significant New Use                    chemical manufacturing and petroleum                  would require persons who intend to
                                                Notice, and EPA has conducted a review                  refineries.                                           manufacture or process any of these
                                                of the notice, made an appropriate                         This action may also affect certain                chemical substances for an activity that
                                                determination on the notice, and has                    entities through pre-existing import                  is designated as a significant new use to
                                                taken any actions as are required as a                  certification and export notification                 notify EPA at least 90 days before
                                                result of that determination.                           rules under TSCA. Chemical importers                  commencing that activity.
                                                DATES: Comments must be received on                     are subject to the TSCA section 13 (15                   The record for the proposed SNURs
                                                or before November 15, 2018.                            U.S.C. 2612) import certification                     on these chemicals was established as
                                                ADDRESSES: Submit your comments,                        requirements promulgated at 19 CFR                    docket EPA–HQ–OPPT–2017–0575.
                                                identified by docket identification (ID)                12.118 through 12.127 and 19 CFR                      That record includes information
                                                number EPA–HQ–OPPT–2017–0575],                          127.28. Chemical importers must certify               considered by the Agency in developing
                                                by one of the following methods:                        that the shipment of the chemical                     these proposed SNURs.
                                                   • Federal eRulemaking Portal: http://                substance complies with all applicable                B. What is the Agency’s authority for
                                                www.regulations.gov. Follow the online                  rules and orders under TSCA. Importers                taking this action?
                                                instructions for submitting comments.                   of chemicals subject to these proposed
                                                Do not submit electronically any                        SNURs would need to certify their                        Section 5(a)(2) of TSCA (15 U.S.C.
                                                information you consider to be                          compliance with the SNUR                              2604(a)(2)) authorizes EPA to determine
                                                Confidential Business Information (CBI)                 requirements should these proposed                    that a use of a chemical substance is a
                                                or other information whose disclosure is                rules be finalized. The EPA policy in                 ‘‘significant new use.’’ EPA must make
                                                restricted by statute.                                  support of import certification appears               this determination by rule after
                                                   • Mail: Document Control Office                      at 40 CFR part 707, subpart B. In                     considering all relevant factors,
                                                (7407M), Office of Pollution Prevention                                                                       including the four bulleted TSCA
                                                                                                        addition, pursuant to 40 CFR 721.20,
                                                and Toxics (OPPT), Environmental                                                                              section 5(a)(2) factors listed in Unit III.
                                                                                                        any persons who export or intend to
                                                Protection Agency, 1200 Pennsylvania                                                                          Once EPA determines that a use of a
                                                                                                        export a chemical substance that is the
                                                Ave. NW, Washington, DC 20460–0001.                                                                           chemical substance is a significant new
                                                                                                        subject of this proposed rule on or after
                                                   • Hand Delivery: To make special                                                                           use, TSCA section 5(a)(1)(B)(i) (15
                                                                                                        November 15, 2018 are subject to the
                                                arrangements for hand delivery or                                                                             U.S.C. 2604(a)(1)(B)(i)) requires persons
                                                                                                        export notification provisions of TSCA
                                                delivery of boxed information, please                                                                         to submit a significant new use notice
                                                                                                        section 12(b) (15 U.S.C. 2611(b)) and
                                                follow the instructions at http://                                                                            (SNUN) to EPA at least 90 days before
                                                                                                        must comply with the export
                                                www.epa.gov/dockets/contacts.html.                                                                            they manufacture or process the
                                                                                                        notification requirements in 40 CFR part
                                                   Additional instructions on                                                                                 chemical substance for that use. TSCA
                                                                                                        707, subpart D.                                       prohibits such manufacturing or
                                                commenting or visiting the docket,
                                                along with more information about                       B. What should I consider as I prepare                processing from commencing until EPA
                                                dockets generally, is available at http://              my comments for EPA?                                  has conducted a review of the SNUN,
                                                www.epa.gov/dockets.                                      1. Submitting CBI. Do not submit CBI                made an appropriate determination on
                                                FOR FURTHER INFORMATION CONTACT:                        to EPA through regulations.gov or email.              the SNUN, and taken such actions as are
                                                   For technical information contact:                   Clearly mark the part or all of the                   required in association with that
                                                Kenneth Moss, Chemical Control                          information that you claim to be CBI.                 determination (15 U.S.C.
                                                Division (7405M), Office of Pollution                   For CBI information in a disk or CD–                  2604(a)(1)(B)(ii)). As described in Unit
                                                Prevention and Toxics, Environmental                    ROM that you mail to EPA, mark the                    V., the general SNUR provisions are
                                                Protection Agency, 1200 Pennsylvania                    outside of the disk or CD–ROM as CBI                  found at 40 CFR part 721, subpart A.
                                                Ave. NW, Washington, DC 20460–0001;                     and then identify electronically within               C. Applicability of General Provisions
                                                telephone number: (202) 564–9232;                       the disk or CD–ROM the specific                         General provisions for SNURs appear
                                                email address: moss.kenneth@epa.gov.                    information that is claimed as CBI. In
                                                   For general information contact: The                                                                       in 40 CFR part 721, subpart A. These
                                                                                                        addition to one complete version of the               provisions describe persons subject to
                                                TSCA-Hotline, ABVI-Goodwill, 422                        comment that includes information
                                                South Clinton Ave., Rochester, NY                                                                             the rule, recordkeeping requirements,
                                                                                                        claimed as CBI, a copy of the comment                 exemptions to reporting requirements,
                                                14620; telephone number: (202) 554–                     that does not contain the information
                                                1404; email address: TSCA-Hotline@                                                                            and applicability of the rule to uses
                                                                                                        claimed as CBI must be submitted for                  occurring before the effective date of the
                                                epa.gov.                                                inclusion in the public docket.                       rule. Provisions relating to user fees
                                                SUPPLEMENTARY INFORMATION:                              Information so marked will not be                     appear at 40 CFR part 700. Pursuant to
                                                                                                        disclosed except in accordance with                   § 721.1(c), persons subject to these
                                                I. General Information                                  procedures set forth in 40 CFR part 2.                SNURs must comply with the same
                                                A. Does this action apply to me?                          2. Tips for preparing your comments.                SNUN requirements and EPA regulatory
                                                   You may be potentially affected by                   When preparing and submitting your                    procedures as submitters of PMNs under
                                                this action if you manufacture, process,                comments, see the commenting tips at                  TSCA section 5(a)(1)(A) (15 U.S.C.
                                                or use the chemical substances                          http://www.epa.gov/dockets/                           2604(a)(1)(A)). In particular, these
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                                                contained in this proposed rule. The                    comments.html.                                        requirements include the information
                                                following list of North American                        II. Background                                        submission requirements of TSCA
                                                Industrial Classification System                                                                              sections 5(b) and 5(d)(1) (15 U.S.C.
                                                (NAICS) codes is not intended to be                     A. What action is the Agency taking?                  2604(b) and 2604(d)(1)), the exemptions
                                                exhaustive, but rather provides a guide                   EPA is proposing these SNURs under                  authorized by TSCA sections 5(h)(1),
                                                to help readers determine whether this                  TSCA section 5(a)(2) for 13 chemical                  5(h)(2), 5(h)(3), and 5(h)(5) and the
                                                document applies to them. Potentially                   substances which were the subjects of                 regulations at 40 CFR part 720. Once
                                                affected entities may include:                          PMNs P–16–192, P–16–354 and P–16–                     EPA receives a SNUN, EPA must either


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                                                                      Federal Register / Vol. 83, No. 200 / Tuesday, October 16, 2018 / Proposed Rules                                         52181

                                                determine that the significant new use                  health and/or environmental effects of                crystalline silica, EPA identified
                                                is not likely to present an unreasonable                the chemical substances if a                          concerns for lung effects if the chemical
                                                risk of injury or take such regulatory                  manufacturer or processor is                          substance is not used following the
                                                action as is associated with an                         considering submitting a SNUN for a                   limitations noted below. The conditions
                                                alternative determination before the                    significant new use designated by the                 of use of the PMN substance as
                                                manufacture or processing for the                       SNUR.                                                 described in the PMN include the
                                                significant new use can commence. If                       This information may include testing               following protective measures:
                                                EPA determines that the significant new                 not required to be conducted but which                   1. Manufacture of the PMN substance
                                                use is not likely to present an                         would help characterize the potential                 in an amorphous form.
                                                unreasonable risk, EPA is required                      health and/or environmental effects of                   The proposed SNUR would designate
                                                under TSCA section 5(g) to make public,                 the PMN substance. Any                                as a ‘‘significant new use’’ the absence
                                                and submit for publication in the                       recommendation for information                        of this protective measure.
                                                Federal Register, a statement of EPA’s                  identified by EPA was made based on                      Potentially useful information: EPA
                                                findings.                                               EPA’s consideration of available                      has determined that certain information
                                                                                                        screening-level data, if any, as well as              about the physical-chemical properties
                                                III. Significant New Use Determination                  other available information on                        of the PMN substance may be
                                                   Section 5(a)(2) of TSCA states that                  appropriate testing for the chemical                  potentially useful if a manufacturer or
                                                EPA’s determination that a use of a                     substance. Further, any such testing                  processor is considering submitting a
                                                chemical substance is a significant new                 identified by EPA that includes testing               SNUN for a significant new use that
                                                use must be made after consideration of                 on vertebrates was made after                         would be designated by this proposed
                                                all relevant factors, including:                        consideration of available toxicity                   SNUR. EPA has determined that
                                                   • The projected volume of                            information, computational toxicology                 information about the physical form,
                                                manufacturing and processing of a                       and bioinformatics, and high-                         particle size, and water solubility would
                                                chemical substance.                                     throughput screening methods and their                help characterize the potential health
                                                   • The extent to which a use changes                  prediction models. EPA also recognizes                effects of the PMN substance.
                                                the type or form of exposure of human                   that whether testing/further information                 CFR citation: 40 CFR 721.11182.
                                                beings or the environment to a chemical                 is needed will depend on the specific                 PMN Numbers: P–16–354 and P–16–355
                                                substance.                                              exposure and use scenario in the SNUN.
                                                   • The extent to which a use increases                EPA encourages all SNUN submitters to                   Chemical name: Esteramine (generic).
                                                the magnitude and duration of exposure                  contact EPA to discuss any potential                    CAS number: Not available.
                                                of human beings or the environment to                   future testing. See Unit VII. for more                  Basis for action: The PMNs state that
                                                a chemical substance.                                   information.                                          the generic (non-confidential) use of the
                                                   • The reasonably anticipated manner                     • CFR citation assigned in the                     substances will be as a chemical
                                                and methods of manufacturing,                           regulatory text section of these proposed             intermediate. Based on the physical/
                                                processing, distribution in commerce,                   rules.                                                chemical properties of the PMN
                                                and disposal of a chemical substance.                      The regulatory text section of these               substances and Structure Analysis
                                                   In addition to these factors                         proposed rules specifies the activities               Relationships (SAR) analysis of test data
                                                enumerated in TSCA section 5(a)(2), the                 designated as significant new uses.                   on analogous substances, EPA has
                                                statute authorizes EPA to consider any                  Certain new uses, including production                identified concerns for irritation and
                                                other relevant factors.                                 volume limits and other uses designated               developmental/reproductive toxicity,
                                                   To determine what would constitute                   in the proposed rules, may be claimed                 and aquatic toxicity at surface water
                                                significant new uses for the chemical                   as CBI.                                               concentrations exceeding 1 part per
                                                substances that are the subject of these                   The chemical substances that are the               billion (ppb), if the chemical substances
                                                SNURs, EPA considered relevant                          subject of these proposed SNURs are                   are not used following the limitations
                                                information about the toxicity of the                   undergoing premanufacture review.                     noted below. The conditions of use of
                                                chemical substances, and potential                      EPA has initially determined under                    the PMN substances as described in the
                                                human exposures and environmental                       TSCA section 5(a)(2), 15 U.S.C.                       PMNs include the following protective
                                                releases that may be associated with the                2604(a)(2), that certain changes from the             measures:
                                                conditions of use of the substances, in                 conditions of use described in the PMNs                 1. No release of a manufacturing,
                                                the context of the four bulleted TSCA                   could result in changes in the type or                processing, or use stream associated
                                                section 5(a)(2) factors listed in this unit.            form of exposure to the chemical                      with any use of the substances, other
                                                                                                        substances and/or increased exposures                 than the confidential chemical
                                                IV. Substances Subject to This Proposed                                                                       intermediate use described in the PMNs,
                                                                                                        to the chemical substances and/or
                                                Rule                                                                                                          into the waters of the United States
                                                                                                        changes in the reasonably anticipated
                                                  EPA is proposing significant new use                  manner and methods of manufacturing,                  exceeding a surface water concentration
                                                and recordkeeping requirements for 13                   processing, distribution in commerce,                 of 1 ppb; and
                                                chemical substances in 40 CFR part 721,                 and disposal of the chemical substances.                2. No manufacturing, processing or
                                                subpart E. In this unit, EPA provides the               Consequently, EPA is proposing to                     use of the PMN substances resulting in
                                                following information for each chemical                 designate these changes as significant                inhalation exposures to the substances.
                                                substance:                                              new uses.                                               The proposed SNUR would designate
                                                  • PMN number.                                                                                               as a ‘‘significant new use’’ the absence
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                                                  • Chemical name (generic name, if                     PMN Number: P–16–192                                  of these protective measures.
                                                the specific name is claimed as CBI).                     Chemical Name: Silanized                              Potentially useful information: EPA
                                                  • Chemical Abstracts Service (CAS)                    amorphous silica (generic).                           has determined that certain information
                                                Registry number (if assigned for non-                     CAS Number: Not available.                          about the aquatic and human health
                                                confidential chemical identities).                        Basis for action: The PMN states that               toxicity of the PMN substances may be
                                                  • Basis for the SNUR.                                 the use of the substance will be as a                 potentially useful to characterize the
                                                  • Information identified by EPA that                  reinforcing filler for the production of              health and environmental effects of the
                                                would help characterize the potential                   rubber goods. Based on test data for                  PMN substances if a manufacturer or


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                                                52182                 Federal Register / Vol. 83, No. 200 / Tuesday, October 16, 2018 / Proposed Rules

                                                processor is considering submitting a                      Basis for action: The PMNs state that              substances as described in the PMNs
                                                SNUN for a significant new use that                     the generic (non-confidential) use of the             include the following protective
                                                would be designated by this proposed                    substances will be as a component of an               measures:
                                                SNUR. EPA has determined that the                       electrocoat resin. Based on the physical/                1. No use of the substances other than
                                                results of specific organ toxicity and                  chemical properties of the PMN                        the confidential use described in the
                                                aquatic toxicity testing would help                     substances and test data on analogous                 PMNs;
                                                characterize the potential health and                   substances, EPA has identified concerns                  2. No release of a manufacturing,
                                                environmental effects of the PMN                        for lung effects and toxicity to aquatic              processing, or use stream associated
                                                substances.                                             organisms at concentrations that exceed               with any use of the substances
                                                  CFR citation: 40 CFR 721.11183.                       16 ppb if the chemical substances are                 exceeding a surface water concentration
                                                                                                        not used following the limitations noted              of 34 ppb; and
                                                PMN Numbers: P–16–380, P–16–381, P–
                                                                                                        below. The conditions of use of the                      3. No manufacturing, processing or
                                                16–382, P–16–383, P–16–384, and P–16–
                                                                                                        PMN substances as described in the                    use of the PMN substances without the
                                                385
                                                                                                        PMNs include the following protective                 engineering controls described in the
                                                  Chemical Names: Formic acid,                          measures:                                             PMNs to limit exposure to dust.
                                                compds. with hydrolyzed bisphenol A-                       1. No manufacturing, processing or                    The proposed SNUR would designate
                                                epichlorohydrin-polyethylene glycol                     use of the PMN substances resulting in                as a ‘‘significant new use’’ the absence
                                                ether with bisphenol A (2:1) polymer-                   inhalation exposures to the substances;               of these protective measures.
                                                N1-(1,3-dimethylbutylidene)-N2-[2-[(1,                  and                                                      Potentially useful information: EPA
                                                3-dimethylbutylidene)amino]ethyl]-1,2-                     2. No release of a manufacturing,                  has determined that certain information
                                                ethanediamine-dialdehyde-2-                             processing, or use stream associated                  about the human health and
                                                (methylamino)ethanol reaction products                  with any use of the substances                        environmental toxicity of the PMN
                                                acetates (salts), (generic) (P–16–380),                 exceeding a surface water concentration               substances may be potentially useful to
                                                propanoic acid, 2-hydroxy-, compds.                     of 16 ppb.                                            characterize the effects of the PMN
                                                with hydrolyzed bisphenol A-                               The proposed SNUR would designate                  substances if a manufacturer or
                                                epichlorohydrin-polyethylene glycol                     as a ‘‘significant new use’’ the absence              processor is considering submitting a
                                                ether with bisphenol A (2:1) polymer-                   of these protective measures.                         SNUN for a significant new use that
                                                N1-(1,3-dimethylbutylidene)-N2-[2-[(1,                     Potentially useful information: EPA                would be designated by this proposed
                                                3-dimethylbutylidene)amino]ethyl]-1,2-                  has determined that certain information               SNUR. EPA has determined that the
                                                ethanediamine-dialdehyde-2-                             about the health and environmental                    results of aquatic toxicity and specific
                                                (methylamino)ethanol reaction products                  effects of the PMN substances may be                  organ toxicity and aquatic toxicity
                                                formates (salts), (generic) (P–16–381),                 potentially useful if a manufacturer or               testing would help characterize the
                                                formic acid, compds. with hydrolyzed                    processor is considering submitting a                 potential health and environmental
                                                bisphenol A-epichlorohydrin-                            SNUN for a significant new use that                   effects of the PMN substances.
                                                polyethylene glycol ether with                          would be designated by this proposed                     CFR citations: 40 CFR 721.11190 (P–
                                                bisphenol A (2:1) polymer-N1-(1,3-                      SNUR. EPA has determined that the                     16–683) and 40 CFR 721.11191 (P–16–
                                                dimethylbutylidene)-N2-[2-[(1, 3-                       results of specific target organ,                     684).
                                                dimethylbutylidene)amino] ethyl]-1,2-                   pulmonary, and acute aquatic toxicity
                                                ethanediamine-dialdehyde-2-                                                                                   PMN Number: P–16–575
                                                                                                        testing would help characterize the
                                                (methylamino)ethanol reaction products                  potential health and environmental                       Chemical name: Glucosyltransferase.
                                                sulfamates (salts), (generic) (P–16–382),               effects of the PMN substances.                        International Union of Biochemistry and
                                                formic acid, compds. with hydrolyzed                       CFR citation: 40 CFR 721.11184 (P–                 Molecular Biology Number: 2.4.1.5
                                                bisphenol A-epichlorohydrin-                            16–380); 40 CFR 721.11185 (P–16–381);                    CAS number: 9032–14–8.
                                                polyethylene glycol ether with                          40 CFR 721.11186 (P–16–382); 40 CFR                      Basis for action: The PMN states that
                                                bisphenol A (2:1) polymer-N1-(1,3-                      721.11187 (P–16–383); 40 CFR                          the use of the substance will be for
                                                dimethylbutylidene)-N2-[2-[(1, 3-                       721.11188 (P–16–384); and 40 CFR                      polymerization of glucose. Based on the
                                                dimethylbutylidene)amino] ethyl]-1,2-                   721.11189 (P–16–385).                                 allergenic properties of proteins and
                                                ethanediamine-dialdehyde-2-                                                                                   review of surrogate enzymatic protein
                                                (methylamino)ethanol reaction products                  PMN Numbers: P–16–483 and P–16–484                    data submitted, EPA has identified
                                                acetates (salts), (generic) (P–16–383),                   Chemical names: Inorganic acids,                    concerns for respiratory sensitization if
                                                propanoic acid, 2-hydroxy-, compds.                     metal salts, compds. with modified                    the chemical is not used following the
                                                with hydrolyzed bisphenol A-                            heteroaromatics, (generic) (P–16–483)                 limitations noted below. The conditions
                                                epichlorohydrin-polyethylene glycol                     and Inorganic acids, metal salts,                     of use of the PMN substance as
                                                ether with bisphenol A (2:1) polymer-                   compds. with substituted aromatic                     described in the PMN include the
                                                N1-(1,3-dimethylbutylidene)-N2-[2-[(1,                  heterocycle, (generic) (P–16–484).                    following protective measure:
                                                3-dimethylbutylidene)amino]ethyl]-1,2-                    CAS numbers: Not available.                            1. No manufacture, processing, or use
                                                ethanediamine-dialdehyde-2-                               Basis for action: The PMNs state that               of the PMN substance that results in
                                                (methylamino)ethanol reaction products                  the generic (non-confidential) use of P–              inhalation exposures to the substance.
                                                formates (salts), (generic) (P–16–384),                 16–483 will be as a plastic additive and                 The proposed SNUR would designate
                                                formic acid, compds. with hydrolyzed                    the generic (non-confidential) use of P–              as a ‘‘significant new use’’ the absence
                                                bisphenol A-epichlorohydrin-                            16–484 will be as a chemical                          of this protective measure.
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                                                polyethylene glycol ether with                          intermediate. Based on test data                         Potentially useful information: EPA
                                                bisphenol A (2:1) polymer-N1-(1,3-                      submitted on P–16–483 and data for                    has determined that certain information
                                                dimethylbutylidene)-N2-[2-[(1, 3-                       analogous compounds, EPA has                          about the workplace exposure to the
                                                dimethylbutylidene)amino]ethyl]-1,2-                    identified concerns for irritation,                   PMN substance may be potentially
                                                ethanediamine-dialdehyde-2-                             specific organ effects, and aquatic                   useful to characterize the health effects
                                                (methylamino)ethanol reaction products                  toxicity if the chemical is not used                  of the PMN substance if a manufacturer
                                                sulfamates (salts), (generic) (P–16–385).               following the limitations noted below.                or processor is considering submitting a
                                                  CAS Numbers: Not available.                           The conditions of use of the PMN                      SNUN for a significant new use that


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                                                                      Federal Register / Vol. 83, No. 200 / Tuesday, October 16, 2018 / Proposed Rules                                           52183

                                                would be designated by this proposed                    B. Objectives                                         initiating a significant new use before
                                                SNUR. EPA has determined that the                          EPA is proposing SNURs for 13                      the effective date of the final rule.
                                                results of workplace air monitoring                                                                             Persons who begin commercial
                                                                                                        specific chemical substances which are
                                                would help characterize the potential                                                                         manufacture or processing of the
                                                                                                        undergoing premanufacture review
                                                health effects of the PMN substance.                                                                          chemical substances for a significant
                                                                                                        because the Agency wants to achieve
                                                  CFR citation: 40 CFR 721.11192.                                                                             new use identified on or after that date
                                                                                                        the following objectives with regard to
                                                                                                                                                              would have to cease any such activity
                                                PMN Number: P–16–581                                    the significant new uses that would be
                                                                                                                                                              upon the effective date of the final rule.
                                                                                                        designated in this proposed rule:
                                                                                                                                                              To resume their activities, these persons
                                                   Chemical name: Alpha 1,3-                               • EPA would have an opportunity to
                                                                                                                                                              would have to first comply with all
                                                polysaccharide (generic).                               review and evaluate data submitted in a
                                                                                                                                                              applicable SNUR notification
                                                   CAS number: Not available.                           SNUN before the notice submitter
                                                                                                                                                              requirements and EPA would have to
                                                   Basis for action: The PMN states that                begins manufacturing or processing a                  take action under section 5 allowing
                                                the uses of the substance will be as a                  listed chemical substance for the                     manufacture or processing to proceed.
                                                polymer additive, paper coating                         described significant new use.
                                                component, composite component, and                        • EPA would be obligated to make a                 VII. Development and Submission of
                                                fiber additive. Based on analogy to high                determination under TSCA section                      Information
                                                molecular weight polymers, EPA has                      5(a)(3) regarding the use described in                   EPA recognizes that TSCA section 5
                                                identified concerns for lung effects if the             the SNUN, under the conditions of use.                does not require development of any
                                                chemical is not used following the                      The Agency will either determine under                particular new information (e.g.,
                                                limitations noted below. The conditions                 section 5(a)(3)(C) that the significant               generating test data) before submission
                                                of use of the PMN substance as                          new use is not likely to present an                   of a SNUN. There is an exception: If a
                                                described in the PMN include the                        unreasonable risk, including an                       person is required to submit information
                                                following protective measures:                          unreasonable risk to a potentially                    for a chemical substance pursuant to a
                                                                                                        exposed or susceptible subpopulation                  rule, order or consent agreement under
                                                   1. No use of the substance other than
                                                                                                        identified as relevant by the                         TSCA section 4 (15 U.S.C. 2603), then
                                                the uses described in the PMN; and
                                                                                                        Administrator under the conditions of                 TSCA section 5(b)(1)(A) (15 U.S.C.
                                                   2. No manufacture, processing, or use                use, or make a determination under                    2604(b)(1)(A)) requires such information
                                                with particle size less than 10                         section 5(a)(3)(A) or (B) and take the                to be submitted to EPA at the time of
                                                micrometers.                                            required regulatory action associated                 submission of the SNUN.
                                                   The proposed SNUR would designate                    with the determination, before                           In the absence of a rule, order, or
                                                as a ‘‘significant new use’’ the absence                manufacture or processing for the                     consent agreement under TSCA section
                                                of these protective measures.                           significant new use of the chemical                   4 covering the chemical substance,
                                                   Potentially useful information: EPA                  substance can occur.                                  persons are required only to submit
                                                has determined that certain information                    Issuance of a proposed SNUR for a                  information in their possession or
                                                about the toxicity of the PMN substance                 chemical substance does not signify that              control and to describe any other
                                                may be potentially useful to characterize               the chemical substance is listed on the               information known to or reasonably
                                                the health effects of the PMN substance                 TSCA Inventory. Guidance on how to                    ascertainable by them (see § 720.50).
                                                if a manufacturer or processor is                       determine if a chemical substance is on               However, upon review of PMNs and
                                                considering submitting a SNUN for a                     the TSCA Inventory is available on the                SNUNs, the Agency has the authority to
                                                significant new use that would be                       internet at http://www.epa.gov/opptintr/              require appropriate testing. Unit IV. lists
                                                designated by this proposed SNUR. EPA                   existingchemicals/pubs/tscainventory/                 potentially useful information for all
                                                has determined that the results of                      index.html.                                           SNURs listed here. Descriptions are
                                                pulmonary effects toxicity testing of the                                                                     provided for informational purposes.
                                                                                                        VI. Applicability of the Proposed Rules
                                                PMN substance may be potentially                                                                              The potentially useful information
                                                                                                        to Uses Occurring Before the Effective
                                                useful in characterizing the health                                                                           identified in Unit IV. will be useful to
                                                                                                        Date of the Final Rule
                                                effects of the PMN substance.                                                                                 EPA’s evaluation in the event that
                                                   CFR citation: 40 CFR 721.11193.                        To establish a significant new use,                 someone submits a SNUN for the
                                                                                                        EPA must determine that the use is not                significant new use. Companies who are
                                                V. Rationale and Objectives of the                      ongoing. The chemical substances                      considering submitting a SNUN are
                                                Proposed Rule                                           subject to this proposed rule were                    encouraged, but not required, to develop
                                                A. Rationale                                            undergoing premanufacture review at                   the information on the substance, which
                                                                                                        the time of signature of this proposed                may assist with EPA’s analysis of the
                                                  During review of the PMNs submitted                   rule and were not on the TSCA                         SNUN.
                                                for the chemical substances that are the                Inventory. In cases where EPA has not                    EPA strongly encourages persons,
                                                subject of these proposed SNURs and as                  received a notice of commencement                     before performing any testing, to consult
                                                further discussed in Unit IV, EPA                       (NOC) and the chemical substance has                  with the Agency pertaining to protocol
                                                identified certain reasonably foreseen                  not been added to the TSCA Inventory,                 selection. Furthermore, pursuant to
                                                changes from the conditions of use                      no person may commence such                           TSCA section 4(h), which pertains to
                                                identified in the PMNs and determined                   activities without first submitting a                 reduction of testing in vertebrate
                                                that those changes could result in                      PMN. Therefore, for the chemical                      animals, EPA encourages consultation
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                                                changes in the type or form of exposure                 substances subject to this proposed                   with the Agency on the use of
                                                to the chemical substances and/or                       SNUR, EPA concludes that the proposed                 alternative test methods and strategies
                                                increased exposures to the chemical                     significant new uses are not ongoing.                 (also called New Approach
                                                substances and/or changes in the                          EPA designates October 10, 2018, as                 Methodologies, or NAMs), if available,
                                                reasonably anticipated manner and                       the cutoff date for determining whether               to generate the recommended test data.
                                                methods of manufacturing, processing,                   the new use is ongoing. The objective of              EPA encourages dialog with Agency
                                                distribution in commerce, and disposal                  EPA’s approach is to ensure that a                    representatives to help determine how
                                                of the chemical substances.                             person cannot defeat a SNUR by                        best the submitter can meet both the


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                                                52184                 Federal Register / Vol. 83, No. 200 / Tuesday, October 16, 2018 / Proposed Rules

                                                data needs and the objective of TSCA                    B. Paperwork Reduction Act (PRA)                        • A significant number of SNUNs
                                                section 4(h).                                             According to PRA, 44 U.S.C. 3501 et                 would not be submitted by small
                                                   The potentially useful information                   seq., an Agency may not conduct or                    entities in response to the SNUR.
                                                described in Unit IV. may not be the                                                                            • Submission of the SNUN would not
                                                                                                        sponsor, and a person is not required to
                                                only means of providing information to                                                                        cost any small entity significantly more
                                                                                                        respond to a collection of information
                                                evaluate the chemical substance                                                                               than $9.816.
                                                                                                        that requires OMB approval under PRA,
                                                associated with the significant new                                                                             Therefore, the promulgation of the
                                                                                                        unless it has been approved by OMB
                                                uses. However, submitting a SNUN                                                                              SNUR would not have a significant
                                                                                                        and displays a currently valid OMB
                                                without any test data may increase the                                                                        economic impact on a substantial
                                                                                                        control number. The OMB control
                                                likelihood that EPA will take action                                                                          number of small entities.
                                                                                                        numbers for EPA’s regulations in title 40
                                                under TSCA section 5(e) or 5(f). EPA                    of the CFR, after appearing in the                    D. Unfunded Mandates Reform Act
                                                recommends that potential SNUN                          Federal Register, are listed in 40 CFR                (UMRA)
                                                submitters contact EPA early enough so                  part 9, and included on the related                     Based on EPA’s experience with
                                                that they will be able to conduct the                   collection instrument or form, if                     proposing and finalizing SNURs, State,
                                                appropriate tests.                                      applicable.                                           local, and Tribal governments have not
                                                   SNUN submitters should be aware                        The information collection                          been impacted by these rulemakings,
                                                that EPA will be better able to evaluate                requirements related to this action have              and EPA does not have any reasons to
                                                SNUNs which provide detailed                            already been approved by OMB                          believe that any State, local, or Tribal
                                                information on the following:                           pursuant to PRA under OMB control                     government will be impacted by this
                                                   • Human exposure and                                 number 2070–0012 (EPA ICR No. 574).                   proposed rule. As such, EPA has
                                                environmental release that may result                   This action does not impose any burden                determined that this proposed rule does
                                                from the significant new use of the                     requiring additional OMB approval. If                 not impose any enforceable duty,
                                                chemical substances.                                    an entity were to submit a SNUN to the                contain any unfunded mandate, or
                                                   • Information on risks posed by the                  Agency, the annual burden is estimated                otherwise have any effect on small
                                                chemical substances compared to risks                   to average between 30 and 170 hours                   governments subject to the requirements
                                                posed by potential substitutes.                         per response. This burden estimate                    of UMRA sections 202, 203, 204, or 205
                                                                                                        includes the time needed to review                    (2 U.S.C. 1502, 1503, 1504, or 1505 et
                                                VIII. SNUN Submissions                                  instructions, search existing data                    seq.).
                                                  According to § 721.1(c), persons                      sources, gather and maintain the data
                                                submitting a SNUN must comply with                      needed, and complete, review, and                     E. Executive Order 13132
                                                the same notification requirements and                  submit the required SNUN.                                This action would not have a
                                                EPA regulatory procedures as persons                      Send any comments about the                         substantial direct effect on States, on the
                                                submitting a PMN, including                             accuracy of the burden estimate, and                  relationship between the national
                                                submission of test data on health and                   any suggested methods for minimizing                  government and the States, or on the
                                                environmental effects as described in                   respondent burden, including through                  distribution of power and
                                                § 720.50. SNUNs must be submitted on                    the use of automated collection                       responsibilities among the various
                                                EPA Form No. 7710–25, generated using                   techniques, to the Director, Collection               levels of government, as specified in
                                                e-PMN software, and submitted to the                    Strategies Division, Office of                        Executive Order 13132, entitled
                                                Agency in accordance with the                           Environmental Information (2822T),                    ‘‘Federalism’’ (64 FR 43255, August 10,
                                                procedures set forth in § 720.40 and                    Environmental Protection Agency, 1200                 1999).
                                                § 721.25. E–PMN software is available                   Pennsylvania Ave. NW, Washington, DC
                                                                                                        20460–0001. Please remember to                        F. Executive Order 13175
                                                electronically at https://www.epa.gov/
                                                reviewing-new-chemicals-under-toxic-                    include the OMB control number in any                    This proposed rule would not have
                                                substances-control-act-tsca.                            correspondence, but do not submit any                 Tribal implications because it is not
                                                                                                        completed forms to this address.                      expected to have substantial direct
                                                IX. Economic Analysis                                                                                         effects on Indian Tribes. This proposed
                                                                                                        C. Regulatory Flexibility Act (RFA)
                                                  EPA has evaluated the potential costs                                                                       rule would not significantly nor
                                                of establishing SNUN requirements for                     On February 18, 2012, EPA certified                 uniquely affect the communities of
                                                potential manufacturers and processors                  pursuant to RFA section 605(b) (5 U.S.C.              Indian Tribal governments, nor does it
                                                of the chemical substances subject to                   605(b)), that promulgation of a SNUR                  involve or impose any requirements that
                                                this proposed rule. EPA’s complete                      does not have a significant economic                  affect Indian Tribes. Accordingly, the
                                                economic analysis is available in the                   impact on a substantial number of small               requirements of Executive Order 13175,
                                                docket under docket ID number EPA–                      entities where the following are true:                entitled ‘‘Consultation and Coordination
                                                HQ–OPPT–2017–0575.                                        1. A significant number of SNUNs                    with Indian Tribal Governments’’ (65 FR
                                                                                                        would not be submitted by small                       67249, November 9, 2000), do not apply
                                                X. Statutory and Executive Order                        entities in response to the SNUR.                     to this proposed rule.
                                                Reviews                                                   2. The SNUN submitted by any small
                                                                                                        entity would not cost significantly more              G. Executive Order 13045
                                                A. Executive Order 12866
                                                                                                        than $9,816.                                            This action is not subject to Executive
                                                  This proposed rule would establish                      A copy of that certification is                     Order 13045, entitled ‘‘Protection of
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                                                SNURs for 13 new chemical substances                    available in the docket for this action.              Children from Environmental Health
                                                that were the subject of PMNs. The                        This proposed rule is within the                    Risks and Safety Risks’’ (62 FR 19885,
                                                Office of Management and Budget                         scope of the February 18, 2012                        April 23, 1997), because this is not an
                                                (OMB) has exempted these types of                       certification. Based on the Economic                  economically significant regulatory
                                                actions from review under Executive                     Analysis discussed in Unit XI. and                    action as defined by Executive Order
                                                Order 12866, entitled ‘‘Regulatory                      EPA’s experience promulgating SNURs                   12866, and this action does not address
                                                Planning and Review’’ (58 FR 51735,                     (discussed in the certification), EPA                 environmental health or safety risks
                                                October 4, 1993).                                       believes that the following are true:                 disproportionately affecting children.


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                                                                      Federal Register / Vol. 83, No. 200 / Tuesday, October 16, 2018 / Proposed Rules                                           52185

                                                H. Executive Order 13211                                apply to this section except as modified              compds. with hydrolyzed bisphenol A-
                                                   This proposed rule is not subject to                 by this paragraph (b).                                epichlorohydrin-polyethylene glycol
                                                Executive Order 13211, entitled                           (1) Recordkeeping. Recordkeeping                    ether with bisphenol A (2:1) polymer-
                                                ‘‘Actions Concerning Regulations That                   requirements as specified in                          N1-(1,3-dimethylbutylidene)-N2-[2-[(1,
                                                Significantly Affect Energy Supply,                     § 721.125(a) through (c), and (i) are                 3-dimethylbutylidene)amino]ethyl]-1,2-
                                                Distribution, or Use’’ (66 FR 28355, May                applicable to manufacturers, importers,               ethanediamine-dialdehyde-2-
                                                22, 2001), because this action is not                   and processors of this substance.                     (methylamino)ethanol reaction products
                                                expected to affect energy supply,                         (2) Limitations or revocation of                    acetates (salts), (P–16–380) is subject to
                                                distribution, or use and because this                   certain notification requirements. The                reporting under this section for the
                                                action is not a significant regulatory                  provisions of § 721.185 apply to this                 significant new uses described in
                                                action under Executive Order 12866.                     section.                                              paragraph (a)(2) of this section.
                                                                                                        ■ 3. Add § 721.11183 to subpart E to                     (2) The significant new uses are:
                                                I. National Technology Transfer and                     read as follows:                                         (i) Industrial, Commercial, and
                                                Advancement Act (NTTAA)                                                                                       consumer activities. Requirements as
                                                                                                        § 721.11183       Esteramine (generic).
                                                   In addition, since this action does not                                                                    specified in § 721.80. It is a significant
                                                involve any technical standards,                           (a) Chemical substance and                         new use to manufacture, process, or use
                                                NTTAA § 12(d) (Pub. L. 104–113, 12(d)),                 significant new uses subject to reporting.            the substance in any manner that results
                                                does not apply to this action.                             (1) The chemical substances
                                                                                                                                                              in inhalation exposure.
                                                                                                        identified generically as esteramine
                                                J. Executive Order 12898                                                                                         (ii) Release to water. Requirements as
                                                                                                        (PMN P–16–354 and P–16–355) are
                                                                                                                                                              specified in § 721.90(a)(4), (b)(4), and
                                                   This action does not entail special                  subject to reporting under this section
                                                                                                                                                              (c)(4) where N = 16.
                                                considerations of environmental justice                 for the significant new uses described in
                                                                                                                                                                 (b) Specific requirements. The
                                                related issues as delineated by                         paragraph (a)(2) of this section.
                                                                                                           (2) The significant new uses are:                  provisions of subpart A of this part
                                                Executive Order 12898, entitled                                                                               apply to this section except as modified
                                                ‘‘Federal Actions to Address                               (i) Industrial, commercial, and
                                                                                                        consumer activities. Requirements as                  by this paragraph (b).
                                                Environmental Justice in Minority                                                                                (1) Recordkeeping. Recordkeeping
                                                Populations and Low-Income                              specified in § 721.80. It is a significant
                                                                                                        new use to manufacture, process, or use               requirements as specified in
                                                Populations’’ (59 FR 7629, February 16,                                                                       § 721.125(a) through (c), (i), and (k) are
                                                1994).                                                  the substances in any manner that
                                                                                                        results in inhalation exposure. It is a               applicable to manufacturers, importers,
                                                List of Subjects in 40 CFR Part 721                     significant new use to release a                      and processors of this substance.
                                                  Environmental protection, Chemicals,                  manufacturing, processing, or use                        (2) Limitations or revocation of
                                                Hazardous substances, Reporting and                     stream associated with any use of the                 certain notification requirements. The
                                                recordkeeping requirements.                             substances, other than the confidential               provisions of § 721.185 apply to this
                                                                                                        chemical intermediate use described in                section.
                                                  Dated: October 5, 2018.                                                                                     ■ 5. Add § 721.11185 to subpart E to
                                                Tala R. Henry,                                          the premanufacture notices, into the
                                                                                                        waters of the United States exceeding a               read as follows:
                                                Acting Director, Office of Pollution Prevention
                                                and Toxics.                                             surface water concentration of 1 part per             § 721.11185 Propanoic acid, 2-hydroxy-,
                                                                                                        billion (ppb) using the methods                       compds. with hydrolyzed bisphenol A-
                                                  Therefore, it is proposed that 40 CFR                 described in § 721.91.                                epichlorohydrin-polyethylene glycol ether
                                                part 721 is amended as follows:                            (ii) [Reserved]                                    with bisphenol A (2:1) polymer-N1-(1,3-
                                                PART 721—[AMENDED]                                         (b) Specific requirements. The                     dimethylbutylidene)-N2-[2-[(1, 3-
                                                                                                        provisions of subpart A of this part                  dimethylbutylidene)amino]ethyl]-1,2-
                                                ■ 1. The authority citation for part 721                apply to this section except as modified              ethanediamine-dialdehyde-2-
                                                                                                        by this paragraph (b).                                (methylamino)ethanol reaction products
                                                continues to read as follows:                                                                                 formates (salts), (generic).
                                                  Authority: 15 U.S.C. 2604, 2607, and
                                                                                                           (1) Recordkeeping. Recordkeeping
                                                                                                        requirements as specified in                            (a) Chemical substance and
                                                2625(c).
                                                                                                        § 721.125(a) though (e), and (i) are                  significant new uses subject to reporting.
                                                ■ 2. Add § 721.11182 to subpart E to                    applicable to manufacturers and                         (1) The chemical substance
                                                read as follows:                                        processors of these substances.                       generically as propanoic acid, 2-
                                                § 721.11182      Silanized amorphous silica                (2) Limitations or revocation of                   hydroxy-, compds. with hydrolyzed
                                                (generic).                                              certain notification requirements. The                bisphenol A-epichlorohydrin-
                                                  (a) Chemical substance and                            provisions of § 721.185 apply to this                 polyethylene glycol ether with
                                                significant new uses subject to reporting.              section.                                              bisphenol A (2:1) polymer-N1-(1,3-
                                                  (1) The chemical substance                            ■ 4. Add § 721.11184 to subpart E to                  dimethylbutylidene)-N2-[2-[(1, 3-
                                                generically identified as silanized                     read as follows:                                      dimethylbutylidene)amino]ethyl]-1,2-
                                                amorphous silica (P–16–192) is subject                                                                        ethanediamine-dialdehyde-2-
                                                                                                        § 721.11184 Formic acid, compds. with                 (methylamino)ethanol reaction products
                                                to reporting under this section for the                 hydrolyzed bisphenol A-epichlorohydrin-
                                                significant new uses described in                                                                             formates (salts), (P–16–381) is subject to
                                                                                                        polyethylene glycol ether with bisphenol A
                                                paragraph (a)(2) of this section.                       (2:1) polymer-N1-(1,3-dimethylbutylidene)-
                                                                                                                                                              reporting under this section for the
                                                  (2) The significant new uses are:                     N2-[2-[(1, 3-                                         significant new uses described in
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                                                  (i) Industrial, commercial, and                       dimethylbutylidene)amino]ethyl]-1,2-                  paragraph (a)(2) of this section.
                                                consumer activities. Requirements as                    ethanediamine-dialdehyde-2-                             (2) The significant new uses are:
                                                specified in § 721.80. It is a significant              (methylamino)ethanol reaction products                  (i) Industrial, Commercial, and
                                                new use to manufacture the substance                    acetates (salts), (generic)                           consumer activities. Requirements as
                                                other than in an amorphous form.                          (a) Chemical substance and                          specified in § 721.80. It is a significant
                                                  (ii) [Reserved]                                       significant new uses subject to reporting.            new use to manufacture, process, or use
                                                  (b) Specific requirements. The                          (1) The chemical substance                          the substance in any manner that results
                                                provisions of subpart A of this part                    generically identified as formic acid,                in inhalation exposure.


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                                                52186                 Federal Register / Vol. 83, No. 200 / Tuesday, October 16, 2018 / Proposed Rules

                                                   (ii) Release to water. Requirements as               § 721.11187 Formic acid, compds. with                 formates (salts), (P–16–384) is subject to
                                                specified in § 721.90(a)(4), (b)(4), and                hydrolyzed bisphenol A-epichlorohydrin-               reporting under this section for the
                                                (c)(4) where N = 16.                                    polyethylene glycol ether with bisphenol A            significant new uses described in
                                                                                                        (2:1) polymer-N1-(1,3-dimethylbutylidene)-            paragraph (a)(2) of this section.
                                                   (b) Specific requirements. The                       N2-[2-[(1, 3-dimethylbutylidene)
                                                provisions of subpart A of this part                                                                             (2) The significant new uses are:
                                                                                                        amino]ethyl]-1,2-ethanediamine-dialdehyde-
                                                apply to this section except as modified                2-(methylamino)ethanol reaction products
                                                                                                                                                                 (i) Industrial, Commercial, and
                                                by this paragraph (b).                                  acetates (salts), (generic).                          consumer activities. Requirements as
                                                                                                                                                              specified in § 721.80. It is a significant
                                                   (1) Recordkeeping. Recordkeeping                        (a) Chemical substance and
                                                                                                                                                              new use to manufacture, process, or use
                                                requirements as specified in                            significant new uses subject to reporting.
                                                                                                                                                              the substance in any manner that results
                                                § 721.125(a) through (c), (i), and (k) are                 (1) The chemical substance
                                                                                                                                                              in inhalation exposure.
                                                applicable to manufacturers, importers,                 generically identified as formic acid,                   (ii) Release to water. Requirements as
                                                and processors of this substance.                       compds. with hydrolyzed bisphenol A-                  specified in § 721.90(a)(4), (b)(4), and
                                                   (2) Limitations or revocation of                     epichlorohydrin-polyethylene glycol                   (c)(4) where N = 16.
                                                certain notification requirements. The                  ether with bisphenol A (2:1) polymer-                    (b) Specific requirements. The
                                                provisions of § 721.185 apply to this                   N1-(1,3-dimethylbutylidene)-N2-[2-[(1,                provisions of subpart A of this part
                                                section.                                                3-dimethylbutylidene)amino]ethyl]-1,2-                apply to this section except as modified
                                                ■ 6. Add § 721.11186 to subpart E to                    ethanediamine-dialdehyde-2-                           by this paragraph (b).
                                                read as follows:                                        (methylamino)ethanol reaction products                   (1) Recordkeeping. Recordkeeping
                                                                                                        acetates (salts), (P–16–383) is subject to            requirements as specified in
                                                § 721.11186 Formic acid, compds. with                   reporting under this section for the                  § 721.125(a) through (c), (i), and (k) are
                                                hydrolyzed bisphenol A-epichlorohydrin-                 significant new uses described in
                                                polyethylene glycol ether with bisphenol A
                                                                                                                                                              applicable to manufacturers, importers,
                                                                                                        paragraph (a)(2) of this section.                     and processors of this substance.
                                                (2:1) polymer-N1-(1,3-dimethylbutylidene)-                 (2) The significant new uses are:
                                                N2-[2-[(1, 3-dimethylbutylidene)                                                                                 (2) Limitations or revocation of
                                                amino]ethyl]-1,2-ethanediamine-dialdehyde-
                                                                                                           (i) Industrial, Commercial, and                    certain notification requirements. The
                                                2-(methylamino)ethanol reaction products                consumer activities. Requirements as                  provisions of § 721.185 apply to this
                                                sulfamates (salts), (generic),                          specified in § 721.80. It is a significant            section.
                                                                                                        new use to manufacture, process, or use               ■ 9. Add § 721.11189 to subpart E to
                                                   (a) Chemical substance and                           the substance in any manner that results
                                                significant new uses subject to reporting.                                                                    read as follows:
                                                                                                        in inhalation exposure.
                                                   (1) The chemical substance                              (ii) Release to water. Requirements as             § 721.11189 Formic acid, compds. with
                                                generically identified as formic acid,                  specified in § 721.90(a)(4), (b)(4), and              hydrolyzed bisphenol A-epichlorohydrin-
                                                compds. with hydrolyzed bisphenol A-                    (c)(4) where N = 16.                                  polyethylene glycol ether with bisphenol A
                                                epichlorohydrin-polyethylene glycol                                                                           (2:1) polymer-N1-(1,3-dimethylbutylidene)-
                                                                                                           (b) Specific requirements. The                     N2-[2-[(1, 3-dimethylbutylidene)
                                                ether with bisphenol A (2:1) polymer-                   provisions of subpart A of this part                  amino]ethyl]-1,2-ethanediamine-dialdehyde-
                                                N1-(1,3-dimethylbutylidene)-N2-[2-[(1,                  apply to this section except as modified              2-(methylamino)ethanol reaction products
                                                3-dimethylbutylidene)amino]ethyl]-1,2-                  by this paragraph (b).                                sulfamates (salts), (generic).
                                                ethanediamine-dialdehyde-2-                                (1) Recordkeeping. Recordkeeping                      (a) Chemical substance and
                                                (methylamino)ethanol reaction products                  requirements as specified in                          significant new uses subject to reporting.
                                                sulfamates (salts), (P–16–382) is subject               § 721.125(a) through (c), (i), and (k) are               (1) The chemical substance
                                                to reporting under this section for the                 applicable to manufacturers, importers,               generically identified as formic acid,
                                                significant new uses described in                       and processors of this substance.                     compds. with hydrolyzed bisphenol A-
                                                paragraph (a)(2) of this section.                          (2) Limitations or revocation of                   epichlorohydrin-polyethylene glycol
                                                   (2) The significant new uses are:                    certain notification requirements. The                ether with bisphenol A (2:1) polymer-
                                                   (i) Industrial, Commercial, and                      provisions of § 721.185 apply to this                 N1-(1,3-dimethylbutylidene)-N2-[2-[(1,
                                                consumer activities. Requirements as                    section.                                              3-dimethylbutylidene)amino]ethyl]-1,2-
                                                specified in § 721.80. It is a significant              ■ 8. Add § 721.11188 to subpart E to                  ethanediamine-dialdehyde-2-
                                                new use to manufacture, process, or use                 read as follows:                                      (methylamino)ethanol reaction products
                                                the substance in any manner that results                § 721.11188 Propanoic acid, 2-hydroxy-,               sulfamates (salts), (P–16–385) is subject
                                                in inhalation exposure.                                 compds. with hydrolyzed bisphenol A-                  to reporting under this section for the
                                                   (ii) Release to water. Requirements as               epichlorohydrin-polyethylene glycol ether             significant new uses described in
                                                specified in § 721.90(a)(4), (b)(4), and                with bisphenol A (2:1) polymer-N1-(1,3-               paragraph (a)(2) of this section.
                                                (c)(4) where N = 16.                                    dimethylbutylidene)-N2-[2-[(1, 3-                        (2) The significant new uses are:
                                                   (b) Specific requirements. The                       dimethylbutylidene)amino]ethyl]-1,2-                     (i) Industrial, Commercial, and
                                                                                                        ethanediamine-dialdehyde-2-                           consumer activities. Requirements as
                                                provisions of subpart A of this part                    (methylamino)ethanol reaction products
                                                apply to this section except as modified                                                                      specified in § 721.80. It is a significant
                                                                                                        formates (salts), (generic).                          new use to manufacture, process, or use
                                                by this paragraph (b).
                                                                                                          (a) Chemical substance and                          the substance in any manner that results
                                                   (1) Recordkeeping. Recordkeeping                     significant new uses subject to reporting.            in inhalation exposure.
                                                requirements as specified in                              (1) The chemical substance                             (ii) Release to water. Requirements as
                                                § 721.125(a) through (c), (i), and (k) are              generically identified as propanoic acid,             specified in § 721.90(a)(4), (b)(4), and
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                                                applicable to manufacturers, importers,                 2-hydroxy-, compds. with hydrolyzed                   (c)(4) where N = 16.
                                                and processors of this substance.                       bisphenol A-epichlorohydrin-                             (b) Specific requirements. The
                                                   (2) Limitations or revocation of                     polyethylene glycol ether with                        provisions of subpart A of this part
                                                certain notification requirements. The                  bisphenol A (2:1) polymer-N1-(1,3-                    apply to this section except as modified
                                                provisions of § 721.185 apply to this                   dimethylbutylidene)-N2-[2-[(1, 3-                     by this paragraph (b).
                                                section.                                                dimethylbutylidene)amino] ethyl]-1,2-                    (1) Recordkeeping. Recordkeeping
                                                ■ 7. Add § 721.11187 to subpart E to                    ethanediamine-dialdehyde-2-                           requirements as specified in
                                                read as follows:                                        (methylamino)ethanol reaction products                § 721.125(a) through (c), (i), and (k) are


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                                                                      Federal Register / Vol. 83, No. 200 / Tuesday, October 16, 2018 / Proposed Rules                                               52187

                                                applicable to manufacturers, importers,                    (1) The chemical substance identified                (b) Specific requirements. The
                                                and processors of this substance.                       generically as inorganic acids, metal                 provisions of subpart A of this part
                                                  (2) Limitations or revocation of                      salts, compds. with substituted aromatic              apply to this section except as modified
                                                certain notification requirements. The                  heterocycle, (PMN P–16–484) is subject                by this paragraph (b).
                                                provisions of § 721.185 apply to this                   to reporting under this section for the                 (1) Recordkeeping. Recordkeeping
                                                section.                                                significant new uses described in                     requirements as specified in
                                                ■ 10. Add § 721.11190 to subpart E to                   paragraph (a)(2) of this section.                     § 721.125(a) through (c), and (i) are
                                                read as follows:                                           (2) The significant new uses are:                  applicable to manufacturers and
                                                                                                           (i) Industrial, commercial, and                    processors of this substance.
                                                § 721.11190 Inorganic acids, metal salts,
                                                compds. with modified heteroaromatics,
                                                                                                        consumer activities. Requirements as
                                                                                                        specified in § 721.80(j). It is a significant           (2) Limitations or revocation of
                                                (generic).
                                                                                                        new use to manufacture, process, or use               certain notification requirements. The
                                                   (a) Chemical substance and                                                                                 provisions of § 721.185 apply to this
                                                significant new uses subject to reporting.              the substance without the engineering
                                                                                                        controls described in the                             section.
                                                (1) The chemical substance identified
                                                                                                        premanufacture to limit exposure to                   ■ 13. Add § 721.11193 to subpart E to
                                                generically as inorganic acids, metal
                                                salts, compds. with modified                            dust.                                                 read as follows:
                                                heteroaromatics, (PMN P–16–483) is                         (ii) Release to water. Requirements as
                                                                                                        specified in § 721.90(a)(4), (b)(4), and              § 721.11193       Alpha 1,3-polysaccharide
                                                subject to reporting under this section                                                                       (generic).
                                                for the significant new uses described in               (c)(4) where N = 34.
                                                                                                           (b) Specific requirements. The                        (a) Chemical substance and
                                                paragraph (a)(2) of this section.
                                                   (2) The significant new uses are:                    provisions of subpart A of this part                  significant new uses subject to reporting.
                                                   (i) Industrial, commercial, and                      apply to this section except as modified              (1) The chemical substance generically
                                                consumer activities. Requirements as                    by this paragraph (b).                                identified as alpha 1,3-polysaccharide
                                                specified in § 721.80(j). It is a significant              (1) Recordkeeping. Recordkeeping                   (generic) (PMN P–16–581) is subject to
                                                new use to manufacture, process, or use                 requirements as specified in                          reporting under this section for the
                                                the substance without the engineering                   § 721.125(a) through (c), (i), and (k) are            significant new uses described in
                                                controls described in the                               applicable to manufacturers and                       paragraph (a)(2) of this section.
                                                premanufacture notice to limit exposure                 processors of this substance.                            (2) The significant new uses are:
                                                to dust.                                                   (2) Limitations or revocation of
                                                                                                        certain notification requirements. The                   (i) Industrial, commercial, and
                                                   (ii) Release to water. Requirements as
                                                                                                        provisions of § 721.185 apply to this                 consumer activities. Requirements as
                                                specified in § 721.90(a)(4), (b)(4), and
                                                                                                        section.                                              specified in § 721.80. It is a significant
                                                (c)(4) where N = 34 ppb.
                                                   (b) Specific requirements. The                          (3) Determining whether a specific use             new use to use the substance other than
                                                provisions of subpart A of this part                    is subject to this section. The provisions            as a polymer additive, paper coating
                                                apply to this section except as modified                of § 721.1725(b)(1) apply to paragraph                component, composite component, or
                                                by this paragraph (b).                                  (a)(2)(i) of this section.                            fiber additive. It is a significant new use
                                                   (1) Recordkeeping. Recordkeeping                     ■ 12. Add § 721.11192 to subpart E to                 to manufacture, process or use the PMN
                                                requirements as specified in                            read as follows:                                      substance with particle size less than 10
                                                § 721.125(a) through (c), (i), and (k) are                                                                    micrometers.
                                                                                                        § 721.11192 Glucosyltransferase,
                                                applicable to manufacturers and                         International Union of Biochemistry and                  (ii) [Reserved]
                                                processors of this substance.                           Molecular Biology Number: 2.4.1.5.                       (b) Specific requirements. The
                                                   (2) Limitations or revocation of                                                                           provisions of subpart A of this part
                                                                                                          (a) Chemical substance and
                                                certain notification requirements. The                                                                        apply to this section except as modified
                                                                                                        significant new uses subject to reporting.
                                                provisions of § 721.185 apply to this                                                                         by this paragraph (b).
                                                                                                          (1) The chemical substance identified
                                                section.
                                                                                                        as glucosyltransferase, International                    (1) Recordkeeping. Recordkeeping
                                                   (3) Determining whether a specific use
                                                is subject to this section. The provisions              Union of Biochemistry and Molecular                   requirements as specified in
                                                of § 721.1725 (b)(1) apply to paragraph                 Biology Number: 2.4.1.5 (PMN P–16–                    § 721.125(a) through (c) and (i) are
                                                (a)(2)(i) of this section.                              575, CAS No. 9032–14–8) is subject to                 applicable to manufacturers and
                                                ■ 11. Add § 721.11191 to subpart E to
                                                                                                        reporting under this section for the                  processors of this substance.
                                                read as follows:                                        significant new uses described in
                                                                                                                                                                 (2) Limitations or revocation of
                                                                                                        paragraph (a)(2) of this section.
                                                § 721.11191 Inorganic acids, metal salts,                 (2) The significant new uses are:                   certain notification requirements. The
                                                compds. with substituted aromatic                         (i) Industrial, commercial, and                     provisions of § 721.185 apply to this
                                                heterocycle, (generic).                                 consumer activities. Requirements as                  section.
                                                  (a) Chemical substance and                            specified in § 721.80(y)(1) and (y)(2).               [FR Doc. 2018–22397 Filed 10–15–18; 8:45 am]
                                                significant new uses subject to reporting.                (ii) [Reserved]                                     BILLING CODE 6560–50–P
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Document Created: 2018-10-15 23:42:36
Document Modified: 2018-10-15 23:42:36
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesComments must be received on or before November 15, 2018.
ContactFor technical information contact: Kenneth Moss, Chemical Control Division (7405M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington,
FR Citation83 FR 52179 
RIN Number2070-AB27
CFR AssociatedEnvironmental Protection; Chemicals; Hazardous Substances and Reporting and Recordkeeping Requirements

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