[Federal Register Volume 67, Number 70 (Thursday, April 11, 2002)]
[Rules and Regulations]
[Pages 17643-17649]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-8828]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 721

[OPPTS-50606A; FRL-6805-1]
RIN 2070-AB27


Significant New Uses of Certain Chemical Substances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is promulgating significant new use rules (SNURs) under 
section 5(a)(2) of the Toxic Substances Control Act (TSCA) for six 
chemical substances which were the subject of premanufacture notices 
(PMNs) and subject to TSCA section 5(e) consent orders issued by EPA. 
Today's action requires persons who manufacture, import, or process 
these substances to notify EPA at least 90 days before commencing the 
manufacturing or processing of a substance for a use designated by 
these rules as a significant new use. The required notice will provide 
EPA with the opportunity to evaluate the intended use, and if 
necessary, to prohibit or limit that activity before it occurs to 
prevent any unreasonable risk of injury to human health or the 
environment.

DATES: This final rule is effective on May 13, 2002.

FOR FURTHER INFORMATION CONTACT: For general information contact: 
Barbara Cunningham, Acting Director, Environmental Assistance Division 
(7408M), Office of Pollution Prevention and Toxics, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; 
telephone number: (202) 554-1404; e-mail address: [email protected].
    For technical information contact: James Alwood, Chemical Control 
Division (7405M), Office of Pollution Prevention and Toxics, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460; telephone number: (202) 564-8974; e-mail 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, 
import, process, or use the chemical substances contained in this rule. 
Potentially affected categories and entities may include, but are not 
limited to:

------------------------------------------------------------------------
                                                          Examples of
           Categories                 NAICS codes         potentially
                                                       affected entities
------------------------------------------------------------------------
Chemical manufacturers            325                 Manufacturers,
                                                       importers,
                                                       processors, and
                                                       users of
                                                       chemicals
Petroleum and coal product        324                 Manufacturers,
 industries                                            importers,
                                                       processors, and
                                                       users of
                                                       chemicals
------------------------------------------------------------------------

    This listing is not intended to be exhaustive, but rather provides 
a guide for readers regarding entities likely to be affected by this 
action. Other types of entities not listed in the table in this unit 
could also be affected. The North American Industrial Classification 
System (NAICS) codes have been provided to assist you and others in 
determining whether or not this action

[[Page 17644]]

applies to certain entities. To determine whether you or your business 
is affected by this action, you should carefully examine the 
applicability provisions in title 40 of the Code of Federal Regulations 
(CFR) at 40 CFR 721.5. If you have any questions regarding the 
applicability of this action to a particular entity, consult the 
technical person listed under FOR FURTHER INFORMATION CONTACT.

B. How Can I Get Additional Information, Including Copies of this 
Document or Other Related Documents?

    1. Electronically. You may obtain electronic copies of this 
document, and certain other related documents that might be available 
electronically, from the EPA Internet Home Page at http://www.epa.gov/. 
To access this document, on the Home Page select ``Laws and 
Regulations,'' ``Regulations and Proposed Rules,'' and then look up the 
entry for this document under the ``Federal Register--Environmental 
Documents.'' You can also go directly to the Federal Register listings 
at http://www.epa.gov/fedrgstr/. A frequently updated electronic 
version of 40 CFR part 721 is available at http://www.access.gpo.gov/nara/cfr/cfrhtml_00/Title_40/40cfr721_00.html, a beta site currently 
under development.
    2. In person. The Agency has established an official record for 
this action under docket control number OPPTS-50606A. The official 
record consists of the documents specifically referenced in this 
action, any public comments received during an applicable comment 
period, and other information related to this action, including any 
information claimed as Confidential Business Information (CBI). This 
official record includes the documents that are physically located in 
the docket, as well as the documents that are referenced in those 
documents. The public version of the official record does not include 
any information claimed as CBI. The public version of the official 
record, which includes printed, paper versions of any electronic 
comments submitted during an applicable comment period, is available 
for inspection in the TSCA Nonconfidential Information Center, North 
East Mall Rm. B-607, Waterside Mall, 401 M St., SW., Washington, DC. 
The Center is open from noon to 4 p.m., Monday through Friday, 
excluding legal holidays. The telephone number for the Center is (202) 
260-7099.

II. Background

A. What Action is the Agency Taking?

    This SNUR will require persons to notify EPA at least 90 days 
before commencing manufacturing, importing, or processing a substance 
for any activity designated by this SNUR as a significant new use. The 
supporting rationale and background to this rule are more fully set out 
in the preamble to EPA's first direct final SNUR published in the 
Federal Register of April 24, 1990 (55 FR 17376). Consult that preamble 
for further information on the objectives, rationale, and procedures 
for the rule and on the basis for significant new use designations 
including provisions for developing test data.

B. What is the Agency's Authority for Taking this Action?

    Section 5(a)(2) of TSCA (15 U.S.C. 2604(a)(2)) authorizes EPA to 
determine that a use of a chemical substance is a ``significant new 
use.'' EPA must make this determination by rule after considering all 
relevant factors, including those listed in section 5(a)(2) of TSCA. 
Expedited rulemaking procedures for SNURs are described in 40 CFR Part 
721, Subpart D. Once EPA promulgates a rule designating a use of a 
chemical substance as a significant new use, section 5(a)(1)(B) of TSCA 
and 40 CFR Part 721 require persons to submit a notice to EPA at least 
90 days before they manufacture, import, or process the substance for 
that use. More detailed requirements are set forth in 40 CFR Part 721.

C. Applicability of General Provisions

    General provisions for SNURs appear in subpart A of 40 CFR part 
721. 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 final rule. Provisions relating to user fees appear at 40 CFR 
part 700. Persons subject to this SNUR must comply with the same 
requirements and procedures as submitters of PMNs under section 
5(a)(1)(A) of TSCA. In particular, these requirements include the 
information submission requirements of TSCA section 5(b) and 5(d)(1), 
the exemptions authorized by TSCA section 5 (h)(1), (h)(2), (h)(3), and 
(h)(5), and the regulations at 40 CFR part 720. Once EPA receives a 
SNUR notice, EPA may take regulatory action under TSCA sections 5(e), 
5(f), 6, or 7 to control the activities described in the SNUR notice. 
If EPA does not take action, EPA is required under TSCA section 5(g) to 
explain in the Federal Register its reasons for not taking action.
    Persons who intend to export a substance identified in a proposed 
or final SNUR are subject to the export notification provisions of TSCA 
section 12(b). Persons who intend to import a chemical substance 
identified in a final SNUR are subject to the TSCA section 13 import 
certification requirements, which are codified by the US Customs 
Service at 19 CFR 12.118 through 12.127 and 127.28(i). The EPA policy 
in support of these Customs regulations appears at 40 CFR part 707. 
Such persons must certify that they are in compliance with SNUR 
requirements.

III. Substances Subject to this Rule

    In the Federal Register of May 27, 1993 (58 FR 30741), EPA proposed 
SNURs for six chemical substances which were the subject of 
premanufacture notices (PMNs) and subject to TSCA section 5(e) consent 
orders issued by EPA. The background and reasons for the SNURs are set 
forth in the preamble to the proposed rule.
    EPA received no comments for the proposed SNURs for PMN Numbers P-
84-105, P-84-106, and P-84-107, which were identified generically as 
substituted and disubstituted tetrafluoro alkenes. Therefore, EPA is 
issuing the SNURs as proposed. EPA received comments concerning the 
proposed rule for P-85-433, identified as 1-propanol, 3-mercapto-, and 
PMNs P-84-660 and P-84-704, identified as benzene, ethenyl-, ar-bromo- 
derivatives and benzene, (2-bromoethyl)-, ar-bromo derivatives. EPA is 
issuing modified final SNURs for P-85-433, P-84-660, and P-84-704 as 
described in the response to comments discussed in this unit.
    The section number for P-84-660 was originally proposed as 
Sec. 721.9540. In this final rule the section number for P-84-660 has 
been changed to Sec. 721.1230. This change was necessary because during 
the period between issuance of the proposed rule and final rule, EPA 
mistakenly assigned Sec. 721.9540 to another final SNUR for a different 
chemical substance.
    The commenter for P-85-433 was the submitter of the original PMN 
and is subject to the TSCA 5(e) consent order for that substance. The 
commenter noted that the National Institute of Occupational Safety and 
Health (NIOSH) category 23 air purifying respirator required by the 
order is used during routine manufacturing activities and should also 
be permitted by the SNUR. As use of this respirator is an ongoing use, 
EPA will add it to the list of respirators that can be used by persons 
who are reasonably likely to be exposed by inhalation.
    The commenter also asked EPA to clarify if the required respiratory 
protection is necessary for quality control activity conducted during 
the

[[Page 17645]]

manufacturing process with chemical hoods under negative pressure. EPA 
interprets the regulatory language in the consent order ``persons who 
may be exposed'' and the language in the SNUR ``person who is 
reasonably likely to be exposed to the chemical substance by 
inhalation'' as not applying to persons handling the substance in a 
chemical hood under negative pressure. Therefore, use in a chemical 
hood under negative pressure without respiratory protection does not 
require a SNUN. However, required respiratory equipment should be 
available if, for any reason, activities in the chemical hood are not 
conducted under negative pressure. The commenter felt that disposal by 
release into an evaporation pond increases the probability of exposures 
to vapors and should not be allowed. This method of disposal was 
identified during review of the PMN substance and is permitted by the 
TSCA section 5(e) consent order. EPA considers it an ongoing use and 
did not determine that disposal in an evaporation pond may present an 
unreasonable risk. Therefore, disposal by this method will be permitted 
but is not required.
    The commenter for P-84-660 and P-84-704 was the submitter of the 
PMNs and is subject to the TSCA 5(e) consent order for those 
substances. The commenter noted there were no equivalent provisions in 
the SNUR for the New Chemicals Exposure Limits (NCELs) provisions found 
in the TSCA 5(e) consent order. This would require the commenter's 
customers to file a SNUN if they wanted to use the NCELs provisions in 
the consent order. EPA has added language in the final SNUR to include 
the NCELs provision. The commenter also identified several issues with 
provisions regarding de minimis levels, disposal restrictions, and the 
specific use of P-84-660 as a flame retardant in the SNUR that were not 
consistent with the TSCA 5(e) consent order, while noting a pending 
request to modify the TSCA 5(e) consent order that would also address 
these issues. The commenter stated that EPA should wait until the 
modifications were completed before issuing the final SNUR. After 
completing two modifications to the TSCA 5(e) consent order, EPA is 
issuing the final SNUR reflecting the changes in disposal restrictions 
and de minimis levels, while retaining the restriction for the specific 
use of P-84-660 as a flame retardant in the TSCA 5(e) consent order. 
The changes to the final SNUR will make it consistent with provisions 
in the TSCA 5(e) consent order. Retaining the SNUR provision limiting 
the specific use of P-84-660 as a flame retardant is also consistent 
with the provisions of the TSCA 5(e) consent order.

IV. Objectives and Rationale of the Rule

    During review of the PMNs submitted for the chemical substances 
that are subject to these SNURs, EPA concluded that regulation was 
warranted under section 5(e) of TSCA, pending the development of 
information sufficient to make reasoned evaluations of the health or 
environmental effects of the substances. The basis for such findings is 
outlined in Unit III. Based on these findings, TSCA section 5(e) 
consent orders requiring the use of appropriate exposure controls were 
negotiated with the PMN submitters. The SNUR provisions for these 
substances designated herein are consistent with the provisions of the 
TSCA section 5(e) consent orders.
    EPA is issuing this SNUR for specific chemical substances which 
have undergone premanufacture review to ensure that:
    1. EPA will receive notice of any company's intent to manufacture, 
import, or process a listed chemical substance for a significant new 
use before that activity begins.
    2. EPA will have an opportunity to review and evaluate data 
submitted in a SNUR notice before the notice submitter begins 
manufacturing, importing, or processing a listed chemical substance for 
a significant new use.
    3. When necessary, to prevent unreasonable risks, EPA will be able 
to regulate prospective manufacturers, importers, or processors of a 
listed chemical substance before a significant new use of that 
substance occurs.
    4. All manufacturers, importers, and processors of the same 
chemical substance, which is subject to a TSCA section 5(e) consent 
order, are subject to similar requirements.
    Issuance of a SNUR for a chemical substance does not signify that 
the substance is listed on the TSCA Inventory. Manufacturers, 
importers, and processors are responsible for determining whether or 
not a new chemical substance subject to a final SNUR is listed on the 
TSCA Inventory.

V. Test Data and Other Information

    EPA recognizes that section 5 of TSCA does not require developing 
any particular test data before submission of a SNUN. Persons are 
required only to submit test data in their possession or control and to 
describe any other data known to or reasonably ascertainable by them. 
In cases where a TSCA section 5(e) consent order requires or recommends 
certain testing, Unit III. lists those recommended tests.
    However, EPA has established production limits in the TSCA section 
5(e) consent orders for several of the substances regulated under this 
rule, in view of the lack of data on the potential health and 
environmental risks that may be posed by the significant new uses or 
increased exposure to the substances. These production limits cannot be 
exceeded unless the PMN submitter first submits the results of toxicity 
tests that would permit a reasoned evaluation of the potential risks 
posed by these substances. Under recent consent orders, each PMN 
submitter is required to submit each study at least 14 weeks before 
reaching the specified production limit (earlier consent orders 
required submissions at least 12 weeks before). Listings of the tests 
specified in the TSCA section 5(e) consent orders are included in Unit 
III. The SNURs contain the same production volume limits as the consent 
orders. Exceeding these production limits is defined as a significant 
new use.
    The recommended studies may not be the only means of addressing the 
potential risks of the substance. However, SNUNs submitted for 
significant new uses without any test data may increase the likelihood 
that EPA will take action under TSCA section 5(e), particularly if 
satisfactory test results have not been obtained from a prior 
submitter. EPA recommends that potential SNUN submitters contact EPA 
early enough so that they will be able to conduct the appropriate 
tests.
    SNUN submitters should be aware that EPA will be better able to 
evaluate SNUNs which provide detailed information on:
    1. Human exposure and environmental release that may result from 
the significant new use of the chemical substances.
    2. Potential benefits of the substances.
    3. Information on risks posed by the substances compared to risks 
posed by potential substitutes.

VI. Procedural Determinations

    EPA is establishing through this rule some significant new uses 
which have been claimed as Confidential Business Information (CBI) 
subject to Agency confidentiality regulations at 40 CFR part 2. EPA is 
required to keep this information confidential to protect the CBI of 
the original PMN submitter. EPA promulgated a procedure to deal with 
the situation where a specific significant new use is CBI. This 
procedure appears in 40 CFR 721.1725(b)(1) and is similar to that in 
Sec. 721.11 for situations where the chemical identity of the substance

[[Page 17646]]

subject to a SNUR is CBI. This procedure is cross-referenced in each of 
these SNURs.
    A manufacturer or importer may request EPA to determine whether a 
proposed use would be a significant new use under this rule. Under the 
procedure incorporated from Sec. 721.1725(b)(1), a manufacturer or 
importer must show that it has a bona fide intent to manufacture or 
import the substance and must identify the specific use for which it 
intends to manufacture or import the substance. If EPA concludes that 
the person has shown a bona fide intent to manufacture or import the 
substance, EPA will tell the person whether the use identified in the 
bona fide submission would be a significant new use under the rule. 
Since most of the chemical identities of the substances subject to 
these SNURs are also CBI, manufacturers and processors can combine the 
bona fide submission under the procedure in Sec. 721.1725(b)(1) with 
that under Sec. 721.11 into a single step.
    If a manufacturer or importer is told that the production volume 
identified in the bona fide submission would not be a significant new 
use, i.e. it is below the level that would be a significant new use, 
that person can manufacture or import the substance as long as the 
aggregate amount does not exceed that identified in the bona fide 
submission to EPA. If the person later intends to exceed that volume, a 
new bona fide submission would be necessary to determine whether that 
higher volume would be a significant new use. EPA is considering 
whether to adopt a special procedure for use when CBI production volume 
is designated as a significant new use. Under such a procedure, a 
person showing a bona fide intent to manufacture or import the 
substance, under the procedure described in Sec. 721.11, would 
automatically be informed of the production volume that would be a 
significant new use. Thus, the person would not have to make multiple 
bona fide submissions to EPA for the same substance to remain in 
compliance with the SNUR, as could be the case under the procedures in 
Sec. 721.1725(b)(1).

VII. Applicability of Rule to Uses Occurring Before Effective Date 
of the Final Rule

    To establish a significant ``new'' use, EPA must determine that the 
use is not already ongoing. The chemical substances subject to this 
rule underwent premanufacture notice review. TSCA section 5(e) consent 
orders were issued, and notice submitters are prohibited by the TSCA 
section 5(e) consent orders from undertaking activities which EPA is 
designating as significant new uses. In cases where EPA has not 
received an NOC and the substance has not been added to the Inventory, 
no other person may commence such activities without first submitting a 
PMN. For substances for which an NOC has not been submitted at this 
time, EPA has concluded that the uses are not currently ongoing. 
However, EPA recognizes in cases when chemical substances identified in 
this SNUR are added to the Inventory prior to the effective date of the 
rule, the substances may be manufactured, imported, or processed by 
other persons for a significant new use as defined in this rule before 
the effective date of the rule.
    As discussed in the Federal Register of April 24, 1990, EPA has 
decided that the intent of section 5(a)(1)(B) of TSCA is best served by 
designating a use as a significant ``new'' use as of the first date of 
publication of the proposed SNUR in the Federal Register, rather than 
as of the effective date of the final rule. Thus, persons who begin 
commercial manufacture, import, or processing of the substances 
regulated through this SNUR will have to cease any such activity before 
the effective date of this rule. To resume their activities, these 
persons would have to comply with all applicable SNUR notice 
requirements and wait until the notice review period, including all 
extensions, expires.
    EPA has promulgated provisions to allow persons to comply with this 
SNUR before the effective date. If a person were to meet the conditions 
of advance compliance under Sec. 721.45(h), the person would be 
considered to have met the requirements of the final SNUR for those 
activities. If persons who begin commercial manufacture, import, or 
processing of the substance between the first date of publication of 
the proposed SNUR and the effective date of the final SNUR do not meet 
the conditions of advance compliance, they must cease that activity 
before the effective date of the rule. To resume their activities, 
these persons would have to comply with all applicable SNUR notice 
requirements and wait until the notice review period, including all 
extensions, expires.

VIII. Economic Analysis

    EPA has evaluated the potential costs of establishing significant 
new use notice requirements for potential manufacturers, importers, and 
processors of the chemical substance subject to this rule. EPA's 
complete economic analysis is available in the official record for this 
rule (OPPTS-50606A).

IX. Regulatory Assessment Requirements

    Under Executive Order 12866, entitled Regulatory Planning and 
Review (58 FR 51735, October 4, 1993), the Office of Management and 
Budget (OMB) has determined that proposed or final SNURs are not a 
``significant regulatory action'' subject to review by OMB, because 
they do not meet the criteria in section 3(f) of the Executive Order.
    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 rulemaking. 
As such, EPA has determined that this regulatory action does not impose 
any enforceable duty, contain any unfunded mandate, or otherwise have 
any affect on small governments subject to the requirements of sections 
202, 203, 204, or 205 of the Unfunded Mandates Reform Act of 1995 
(UMRA) (Pub. L. 104-4).
    This rule does not have tribal implications because it is not 
expected to have substantial direct effects on Indian Tribes. This does 
not significantly or uniquely affect the communities of Indian tribal 
governments, nor does it involve or impose any requirements that affect 
Indian Tribes. Accordingly, the requirements of section 3(b) of 
Executive Order 13084, entitled Consultation and Coordination with 
Indian Tribal Governments (63 FR 276755, May 19, 1998), do not apply to 
this rule. Executive Order 13175, entitled Consultation and 
Coordination with Indian Tribal Governments (65 FR 67249, November 6, 
2000), which took effect on January 6, 2001, revokes Executive Order 
13084 as of that date. EPA developed this rulemaking, however, during 
the period when Executive Order 13084 was in effect; thus, EPA 
addressed tribal considerations under Executive Order 13084. For the 
same reasons stated for Executive Order 13084, the requirements of 
Executive Order 10175 do not apply to this rule either. Nor will this 
action 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).

[[Page 17647]]

    In issuing this rule, EPA has taken the necessary steps to 
eliminate drafting errors and ambiguity, minimize potential litigation, 
and provide a clear legal standard for affected conduct, as required by 
section 3 of Executive Order 12988, entitled Civil Justice Reform (61 
FR 4729, February 7, 1996).
    EPA has complied with Executive Order 12630, entitled Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights (53 FR 8859, March 15, 1988), by examining the takings 
implications of this rule in accordance with the ``Attorney General's 
Supplemental Guidelines for the Evaluation of Risk and Avoidance of 
Unanticipated Takings'' issued under the Executive Order.
    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).
    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.
    In addition, since this action does not involve any technical 
standards, section 12(d) of the National Technology Transfer and 
Advancement Act of 1995 (NTTAA), Pub. L. 104-113, section 12(d) (15 
U.S.C. 272 note), does not apply to this action.
    Pursuant to section 605(b) of the Regulatory Flexibility Act (RFA) 
(5 U.S.C. 601 et seq.), the Agency hereby certifies that promulgation 
of this SNUR will not have a significant adverse economic impact on a 
substantial number of small entities. The rationale supporting this 
conclusion is as follows. A SNUR applies to any person (including small 
or large entities) who intends to engage in any activity described in 
the rule as a ``significant new use.'' By definition of the word 
``new,'' and based on all information currently available to EPA, it 
appears that no small or large entities presently engage in such 
activity. Since a SNUR only requires that any person who intends to 
engage in such activity in the future must first notify EPA by 
submitting a Significant New Use Notice (SNUN), no economic impact will 
even occur until someone decides to engage in those activities. 
Although some small entities may decide to conduct such activities in 
the future, EPA cannot presently determine how many, if any, there may 
be. However, EPA's experience to date is that, in response to the 
promulgation of over 530 SNURs, the Agency has received fewer than 15 
SNUNs. Of those SNUNs submitted, none appear to be from small entities 
in response to any SNUR. In addition, the estimated reporting cost for 
submission of a SNUN are minimal regardless of the size of the firm. 
Therefore, EPA believes that the potential economic impact of complying 
with this SNUR are not expected to be significant or adversely impact a 
substantial number of small entities. In a SNUR that published on June 
2, 1997 (62 FR 29684) (FRL-5597-1), the Agency presented it's general 
determination that proposed and final SNURs are not expected to have a 
significant economic impact on a substantial number of small entities, 
which was provided to the Chief Counsel for Advocacy of the Small 
Business Administration.
    According to the Paperwork Reduction Act (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 the PRA, unless it has been approved by OMB and displays 
a currently valid OMB control number. The OMB control numbers for EPA's 
regulations, after initial display in the preamble of the final rule 
and in addition to its display on any related collection instrument, 
are listed in 40 CFR part 9.
    The information collection requirements related to this action have 
already been approved by OMB pursuant to the 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 
significant new use notice 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 significant new use notice.
    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, OP 
Regulatory Information Division (2137), Environmental Protection 
Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460. Please 
remember to include the OMB control number in any correspondence, but 
do not submit any completed forms to this address.
    This rule is not subject to Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use (66 FR 28355, May 22, 2001) because it is not a 
significant regulatory action under Executive Order 12866.

X. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the Agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and the Comptroller General of the United 
States. EPA will submit a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. This rule is not a 
``major rule'' as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 721

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


    Dated: March 28, 2002.
William H. Sanders, III
Office Director, Office of Pollution Prevention and Toxics.

    Therefore, 40 CFR part 721 is amended as follows:

PART 721--[AMENDED]

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

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

    2. By adding new Sec. 721.1230 to subpart E to read as follows:


Sec. 721.1230  Benzene, ethenyl-, ar-bromo derivatives.

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified as benzene, ethenyl-, 
ar-bromo derivatives (PMN P-84-660; CAS No. 125904-11-2) is subject to 
reporting under this section for the significant new uses described in 
paragraph (a)(2) of this section. The requirements of this SNUR do not 
apply when the substance is present only in a mixture or in a polymer 
matrix, if the combined concentration of this substance and the 
substance identified in Sec. 721.1240 as benzene, (2-bromoethyl)-, ar-
bromo derivatives

[[Page 17648]]

(PMN P-84-704; CAS No. 125904-10-1), present as residual monomers in 
the mixture or polymer matrix, does not exceed 0.5% by weight or 
volume. This exemption does not apply if there is reason to believe 
that during intended use, processing, or other handling, these 
substances combined may be reconcentrated above the 0.5% level in the 
mixture or polymer matrix.
    (2) The significant new uses are:
    (i) Protection in the workplace. Requirements as specified in 
Sec. 721.63 (a)(1) (including when the substance becomes airborne in 
any form), (a)(3), (a)(4) (when the substance becomes airborne in any 
form), (a)(5)(iii), (a)(5)(xii), (a)(5)(xiii), (a)(5)(xiv), (a)(5)(xv) 
and (c). As an alternative to the respiratory requirements listed here, 
a manufacturer, importer, or processor may choose to follow the NCEL 
provisions in the TSCA section 5(e) consent order for this substance.
    (ii) Hazard communication program. Requirements as specified in 
Sec. 721.72 (a), (b), (c), (d), (f), (g)(1)(iii), (g)(1)(iv), 
(g)(1)(vi) (g)(1)(ix), (g)(2)(i), (g)(2)(ii), (g)(2)(iii), (g)(2)(iv), 
(g)(2)(v), (g)(4)(i), and (g)(5).
    (iii) Industrial, commercial, and consumer activities. Requirements 
as specified in Sec. 721.80 (a), (b), (j) (flame retardant), and (l).
    (iv) Disposal. It is a significant new use to dispose of the 
substance other than as follows:
    (A) The following forms of the substance - the substance as a 
commercial chemical product or manufacturing chemical intermediate; the 
substance as an off-specification commercial chemical product or 
manufacturing chemical intermediate; the substance as a residue 
remaining in a container or in an inner liner removed from a container 
that has held the substance, unless the container is empty as defined 
in 40 CFR 261.7(b)(3); any residue or contaminated soil, water, or 
other debris resulting from the cleanup of a spill into or on any land 
or water of the substance as a commercial chemical product or 
manufacturing chemical intermediate, or any residue or contaminated 
soil, water, or other debris resulting from the cleanup of a spill into 
or on any land or water, of the substance as an off-specification 
commercial chemical product or manufacturing chemical intermediate; and 
any waste stream containing greater than 1.0% of this substance and the 
substance identified in Sec. 721.1240 combined - shall be disposed of 
as follows: Requirements as specified in Sec. 721.85 (a)(1), (b)(1), 
(c)(1), (a)(2), (b)(2), and (c)(2); the landfill shall be operated in 
accordance with Subtitle C of the Resource Conservation and Recovery 
Act.
    (B) Any forms of the substance other than those described in 
paragraph (a)(2)(iv)(A) of this section, including waste streams 
containing 1.0% or less of this substance and the substance identified 
in Sec. 721.1240, shall be disposed of as follows: Sec. 721.85 (a)(1), 
(b)(1), (c)(1), (a)(2), (b)(2), (c)(2), (a)(3), (b)(3), (c)(3), carbon 
adsorption followed by either physical destruction, or as specified in 
Sec. 721.90; the landfill shall be operated in accordance with the 
Resource Conservation and Recovery Act.
    (v) Release to water. Requirements as specified in Sec. 721.90 
(a)(2)(iv), (b)(2)(iv), (c)(2)(iv), (a)(2)(v), (b)(2)(v), (c)(2)(v), 
(a)(3), (b)(3), and (c)(3).
    (b) Specific requirements. The provisions of subpart A of this part 
apply to this section except as modified by this paragraph.
    (1) Recordkeeping. The following recordkeeping requirements are 
applicable to manufacturers, importers, and processors of this 
substance, as specified in Sec. 721.125 (a) through (k).
    (2) Limitations or revocation of certain notification requirements. 
The provisions of Sec. 721.185 apply to this section.

    3. By adding new Sec. 721.1240 to subpart E to read as follows:


Sec. 721.1240  Benzene, (2-bromoethyl)-, ar-bromo derivatives.

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified as benzene, (2-
bromoethyl)-, ar-bromo derivatives (PMN P-84-704; CAS No. 125904-10-1) 
is subject to reporting under this section for the significant new uses 
described in paragraph (a)(2) of this section. The requirements of this 
SNUR do not apply when the substance is present only in a mixture or in 
a polymer matrix, if the combined concentration of this substance and 
the substance identified in Sec. 721.1230 as benzene, ethenyl-, ar-
bromo derivatives (PMN P-84-660; CAS No.125904-11-2) present as 
residual monomers in the mixture or polymer matrix, does not exceed 
0.5% by weight or volume. This exemption does not apply if there is 
reason to believe that during intended use, processing, or other 
handling, these substances combined may be reconcentrated above the 
0.5% level in the mixture or polymer matrix.
    (2) The significant new uses are:
    (i) Protection in the workplace. Requirements as specified in 
Sec. 721.63 (a)(1) (including when the substance becomes airborne in 
any form), (a)(3), (a)(4) (when the substance becomes airborne in any 
form), (a)(5)(iii), (a)(5)(xii), (a)(5)(xiii), (a)(5)(xiv), (a)(5)(xv), 
and (c). As an alternative to the respiratory requirements listed here, 
a manufacturer, importer, or processor may choose to follow the NCEL 
provisions in the TSCA section 5(e) consent order for this substance.
    (ii) Hazard communication program. Requirements as specified in 
Sec. 721.72 (a), (b), (c), (d), (f), (g)(1)(iii), (g)(1)(iv), 
(g)(1)(vi) (g)(1)(ix), (g)(2)(i), (g)(2)(ii), (g)(2)(iii), (g)(2)(iv), 
(g)(2)(v), (g)(4)(i), and (g)(5).
    (iii) Industrial, commercial, and consumer activities. Requirements 
as specified in Sec. 721.80 (a), (b), (c), (h) (in the manufacture of 
the substance identified in Sec. 721.1230), and (l).
    (iv) Disposal. It is a significant new use to dispose of the 
substance other than as follows:
    (A) The following forms of the substance - the substance as a 
commercial chemical product or manufacturing chemical intermediate; the 
substance as an off-specification commercial chemical product or 
manufacturing chemical intermediate; the substance as a residue 
remaining in a container or in an inner liner removed from a container 
that has held the substance, unless the container is empty as defined 
in 40 CFR 261.7(b)(3); any residue or contaminated soil, water, or 
other debris resulting from the cleanup of a spill into or on any land 
or water of the substance as a commercial chemical product or 
manufacturing chemical intermediate, or any residue or contaminated 
soil, water, or other debris resulting from the cleanup of a spill into 
or on any land or water, of the substance as an off-specification 
commercial chemical product or manufacturing chemical intermediate; and 
any waste stream containing greater than 1.0% of this substance and the 
substance identified in Sec. 721.1230 combined - shall be disposed of 
as follows: Requirements as specified in Sec. 721.85 (a)(1), (b)(1), 
(c)(1), (a)(2), (b)(2), and (c)(2); the landfill shall be operated in 
accordance with Subtitle C of the Resource Conservation and Recovery 
Act.
    (B) Any forms of the substance other than those described in 
paragraph (a)(2)(iv)(A) of this section, including waste streams 
containing 1.0% or less of this substance and the substance identified 
in Sec. 721.1240, shall be disposed of as follows: Sec. 721.85 (a)(1), 
(b)(1), (c)(1), (a)(2), (b)(2), (c)(2), (a)(3), (b)(3), (c)(3), carbon 
adsorption followed by either physical destruction, or as specified in 
Sec. 721.90; the landfill shall be operated in accordance with the

[[Page 17649]]

Resource Conservation and Recovery Act.
    (v) Release to water. Requirements as specified in Sec. 721.90 
(a)(2)(iv), (b)(2)(iv), (c)(2)(iv), (a)(2)(v), (b)(2)(v), 
(c)(2)(v),(a)(3), (b)(3), and (c)(3).
    (b) Specific requirements. The provisions of subpart A of this part 
apply to this section except as modified by this paragraph.
    (1) Recordkeeping. The following recordkeeping requirements are 
applicable to manufacturers, importers, and processors of this 
substance, as specified in Sec. 721.125 (a) through (k).
    (2) Limitations or revocation of certain notification requirements. 
The provisions of Sec. 721.185 apply to this section.

    4. By adding new Sec. 721.3780 to subpart E to read as follows:


Sec. 721.3780  Substituted and disubstituted tetrafluoro alkenes 
(generic).

    (a) Chemical substances and significant new uses subject to 
reporting. (1) The chemical substance identified generically as 
substituted and disubstituted tetrafluoro alkene (PMN P-84-105) is 
subject to reporting under this section for the significant new uses 
described in paragraph (a)(1)(i) of this section.
    (i) The significant new uses are:
    (A) Protection in the workplace. Requirements as specified in 
Sec. 721.63 (a)(1), (a)(3), (a)(4), (a)(5)(i), (a)(6)(v), (a)(6)(vi), 
(b) (concentration set at 1%), and (c).
    (B) Hazard communication program. Requirements as specified in 
Sec. 721.72 (a), (b)(2), (d), (e) (concentration set at 1%), (f), 
(g)(1)(i), (g)(1)(iv), (g)(2)(i), (g)(2)(ii), (g)(2)(iv), and 
(g)(2)(v). In addition, the precautionary statements described under 
Sec. 721.72(g) shall include: This substance may cause eye irritation.
    (C) Industrial, commercial, and consumer activities. Requirements 
as specified in Sec. 721.80(g).
    (ii) Specific requirements. The provisions of subpart A of this 
part apply to this section except as modified by this paragraph.
    (A) Recordkeeping. The following recordkeeping requirements are 
applicable to manufacturers, importers, and processors of this 
substance: Sec. 721.125 (a) through (g) and (i).
    (B) Limitations or revocation of certain notification requirements. 
The provisions of Sec. 721.185 apply to this section.
    (2) The chemical substance identified generically as disubstituted 
tetrafluoro alkene (PMN P-84-106) is subject to reporting under this 
section for the significant new uses described in paragraph (a)(2)(i) 
of this section.
    (i) The significant new uses are:
    (A) Protection in the workplace. Requirements as specified in 
Sec. 721.63 (a)(1), (a)(3), (a)(4), (a)(5)(i), (a)(6)(v), (a)(6)(vi), 
(b) (concentration set at 1%), and (c).
    (B) Hazard communication program. Requirements as specified in 
Sec. 721.72 (a), (b)(2), (d), (e) (concentration set at 1%), (f), 
(g)(1)(i), (g)(1)(iv), (g)(1)(v), (g)(2)(i), (g)(2)(ii), (g)(2)(iv), 
and (g)(2)(v). In addition, the precautionary statements described 
under Sec. 721.72(g) shall include: This substance may cause eye 
irritation.
    (C) Industrial, commercial, and consumer activities. Requirements 
as specified in Sec. 721.80(g).
    (ii) Specific requirements. The provisions of Subpart A of this 
part apply to this section except as modified by this paragraph.
    (A) Recordkeeping. The following recordkeeping requirements are 
applicable to manufacturers, importers, and processors of this 
substance: Sec. 721.125 (a) through (g) and (i).
    (B) Limitations or revocation of certain notification requirements. 
The provisions of Sec. 721.185 apply to this section.
    (3) The chemical substance identified generically as disubstituted 
tetrafluoro alkene (PMN P-84-107) is subject to reporting under this 
section for the significant new uses described in paragraph (a)(3)(i) 
of this section.
    (i) The significant new uses are:
    (A) Protection in the workplace. Requirements as specified in 
Sec. 721.63 (a)(1), (a)(3), (a)(4), (a)(5)(i), (a)(6)(v), (a)(6)(vi), 
(b) (concentration set at 1%), and (c).
    (B) Hazard communication program. Requirements as specified in 
Sec. 721.72 (a), (b)(2), (d), (e) (concentration set at 1%), (f), 
(g)(1)(iv), (g)(2)(i), (g)(2)(ii), (g)(2)(iv), and (g)(2)(v). In 
addition, the precautionary statements described under Sec. 721.72(g) 
shall include: This substance may cause eye irritation.
    (C) Industrial, commercial, and consumer activities. Requirements 
as specified in Sec. 721.80(g).
    (ii) Specific requirements. The provisions of subpart A of this 
part apply to this section except as modified by this paragraph.
    (A) Recordkeeping. The following recordkeeping requirements are 
applicable to manufacturers, importers, and processors of this 
substance: Sec. 721.125 (a) through (g) and (i).
    (B) Limitations or revocation of certain notification requirements. 
The provisions of Sec. 721.185 apply to this section.

    5. By adding new Sec. 721.8175 to subpart E to read as follows:


Sec. 721.8175  1-Propanol, 3-mercapto-.

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified as 1-propanol, 3-
mercapto (PMN P-85-433; CAS No. 19721-22-3) is subject to reporting 
under this section for the significant new uses described in paragraph 
(a)(2) of this section.
    (2) The significant new uses are:
    (i) Protection in the workplace. Requirements as specified in 
Sec. 721.63 (a)(1), (a)(3), (a)(4), (a)(5)(i), (a)(5)(ii), (a)(5)(iii), 
(a)(5)(xii), (a)(5)(xiii), (a)(5)(xiv), (a)(6)(v), (b) (concentration 
set at 1%), and (c).
    (ii) Hazard communication program. Requirements as specified in 
Sec. 721.72 (a), (b), (c), (d), (e) (concentration set at 1%), (f), 
(g)(1)(ix), (g)(2)(i), (g)(2)(ii), (g)(2)(iii), (g)(2)(iv), (g)(2)(v), 
and (g)(5).
    (iii) Industrial, commercial, and consumer activities. Requirements 
as specified in Sec. 721.80(g).
    (iv) Disposal. Requirements as specified in Sec. 721.85 (a)(1), 
(a)(2), (a)(3), (b)(1), (b)(2), (b)(3), (c)(1), (c)(2), and (c)(3). In 
addition, a method of disposal described in Sec. 721.85 (a), (b), and 
(c) shall include: Release to an evaporation pond.
    (b) Specific requirements. The provisions of subpart A of this part 
apply to this section except as modified by this paragraph.
    (1) Recordkeeping. The following recordkeeping requirements are 
applicable to manufacturers, importers, and processors of this 
substance as specified in Sec. 721.125 (a) through (j).
    (2) Limitations or revocation of certain notification requirements. 
The provisions of Sec. 721.185 apply to this section.

[FR Doc. 02-8828 Filed 4-10-02; 8:45 am]
BILLING CODE 6560-50-S