[Federal Register Volume 78, Number 18 (Monday, January 28, 2013)]
[Proposed Rules]
[Pages 5761-5765]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-01589]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 721

[EPA-HQ-OPPT-2012-0864; FRL-9370-5]
RIN 2070-AB27


Proposed Modification of Significant New Uses of Ethaneperoxoic 
Acid, 1,1-Dimethylpropyl Ester

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: Under the Toxic Substances Control Act (TSCA), EPA is 
proposing to amend the significant new use rule (SNUR) for the chemical 
substance identified as ethaneperoxoic acid, 1,1-dimethylpropyl ester, 
which was the subject of premanufacture notice (PMN) P-85-680. This 
action would amend the SNUR to allow certain uses without requiring a 
significant new use notice (SNUN), and would extend SNUN requirements 
to certain additional uses. EPA is proposing this amendment based on 
review of new toxicity test data.

DATES: Comments must be received on or before February 27, 2013.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPPT-2012-0864, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the online instructions for submitting comments.
     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: OPPT Document Control Office (DCO), EPA 
East Bldg., Rm. 6428, 1201 Constitution Ave. NW., Washington, DC. ATTN: 
Docket ID Number EPA-HQ-OPPT-2012-0864. The DCO is open from 8 a.m. to 
4 p.m., Monday through Friday, excluding legal holidays. The telephone 
number for the DCO is (202) 564-8930. Such deliveries are only accepted 
during the DCO's normal hours of operation, and special arrangements 
should be made for deliveries of boxed information.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPPT-
2012-0864. EPA's policy is that all comments received will be included 
in the docket without change and may be made available online at http://www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through regulations.gov or email. The 
regulations.gov Web site is an ``anonymous access'' system, which means 
EPA will not know your identity or contact information unless you 
provide it in the body of your comment. If you send an email comment 
directly to EPA without going through regulations.gov, your email 
address will be automatically captured and included as part of the 
comment that is placed in the docket and made available on the 
Internet. If you submit an electronic comment, EPA recommends that you 
include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the docket index 
available at http://www.regulations.gov. Although listed in the index, 
some information is not publicly available, e.g., CBI or other 
information whose disclosure is restricted by statute. Certain other 
material, such as copyrighted material, will be publicly available only 
in hard copy. Publicly available docket materials are available 
electronically at http://www.regulations.gov, or, if only available in 
hard copy, at the OPPT Docket. The OPPT Docket is located in the EPA 
Docket Center (EPA/DC) at Rm. 3334, EPA West Bldg., 1301 Constitution 
Ave. NW., Washington, DC. The EPA/DC Public Reading Room hours of 
operation are 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding 
legal holidays. The telephone number of the EPA/DC Public Reading Room 
is (202) 566-1744, and the telephone number for the OPPT Docket is 
(202) 566-0280. Docket visitors are required to show photographic 
identification, pass through a metal detector, and sign the EPA visitor 
log. All visitor bags are processed through an X-ray machine and 
subject to search. Visitors will be provided an EPA/DC badge that must 
be visible at all times in the building and returned upon departure.

FOR FURTHER INFORMATION CONTACT: For technical information contact: Jim 
Alwood, Chemical Control Division (7405M), Office of Pollution 
Prevention and Toxics, Environmental Protection Agency, 1200 
Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number: 
(202) 564-8974; 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, 
import, process, or use the chemical substance identified as 
ethaneperoxoic acid, 1,1-dimethylpropyl ester (PMN P-85-680). 
Potentially affected entities may include, but are not limited to:
     Manufacturers, importers, or processors of the subject 
chemical substance (NAICS codes 325 and 324110), e.g., chemical 
manufacturers and petroleum refineries.
    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 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 this action might apply to certain entities. To determine 
whether you or your business may be affected by this action, you should 
carefully examine the applicability provisions in Sec.  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. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through 
regulations.gov or email. Clearly mark the part or all of the 
information that you claim to be CBI. For CBI information in a disk or 
CD-ROM that you mail to EPA, mark the outside of the

[[Page 5762]]

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 submitting comments, 
remember to:
    i. Identify the document by docket ID number and other identifying 
information (subject heading, Federal Register date and page number).
    ii. Follow directions. The Agency may ask you to respond to 
specific questions or organize comments by referencing a Code of 
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information 
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    vi. Provide specific examples to illustrate your concerns and 
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period 
deadline identified.

II. Background

A. What action is the agency taking?

    In the Federal Register of June 26, 1990 (55 FR 26102), EPA 
published a final SNUR (codified at Sec.  721.1560 and redesignated as 
Sec.  721.3020) for the chemical substance identified as ethaneperoxoic 
acid, 1,1-dimethylpropyl ester (PMN P-85-680), in accordance with the 
procedures at Sec.  721.160. A SNUR requires persons who intend to 
manufacture, import, or process the chemical substance for an activity 
designated as a significant new use to notify EPA at least 90 days 
before commencing that activity.
    EPA is proposing to amend the scope and requirements of the SNUR as 
detailed in this unit. Because the chemical identity of the chemical 
substance is no longer confidential, EPA is using the specific chemical 
name and CAS number to identify the chemical substance. The docket 
established for this proposed SNUR is available under docket ID number 
EPA-HQ-OPPT-2012-0864. The docket includes information considered by 
the Agency in developing the proposed rule and the modified TSCA 
section 5(e) consent order negotiated with the PMN submitter.
PMN Number P-85-680
    Chemical name: Ethaneperoxoic acid, 1,1-dimethylpropyl ester.
    CAS number: 690-83-5
    Effective date of the TSCA section 5(e) consent order: January 30, 
1986.
    Federal Register publication date and reference: June 26, 1990 (55 
FR 26111).
    Basis for modification of the SNUR: The TSCA section 5(e) consent 
order was issued under sections 5(e)(1)(A)(i) and 5(e)(1)(A)(ii)(II) 
based on the finding that the chemical substance may present an 
unreasonable risk of injury to human health. To prevent any 
unreasonable risk the order required dermal and respiratory protection 
to exposed workers, establishment of a hazard communication program, 
limited the specific use of the PMN substance as described in the 
consent order, and required disposal into a waste disposal well. EPA 
subsequently modified the consent order to allow disposal by landfill 
and incineration. The proposed SNUR for this chemical substance is 
based on and consistent with the new data and findings discussed in the 
two paragraphs below. The proposed SNUR designates as a ``significant 
new use'' any purposeful or predictable releases of the PMN substance 
in concentrations that exceed 61 parts per billion (ppb) in surface 
waters.
    Human health toxicity: EPA received a petition from a second 
manufacturer to revoke the SNUR based on toxicity testing on 
structurally analogous peroxide compounds, conducted after the SNUR was 
issued. Based on the new data EPA concurred with the finding that the 
PMN substance did not present a carcinogenicity hazard. EPA has also 
changed its human health findings for the TSCA new chemicals program 
peroxide category (http://www.epa.gov/oppt/newchems/pubs/npcchemicalcategories.pdf).
    Ecotoxicity concerns: Based on data from ecotoxicity studies on 
structurally analogous peroxy esters and neutral organic chemicals, 
also conducted after the SNUR was issued, EPA identified potential 
environmental concerns if the PMN substance was released to surface 
waters. The second manufacturer also conducted and submitted the 
results of an acute algal study on the PMN substance. Based on the 
submitted ecotoxicity testing for algae and analogue data, EPA predicts 
toxicity to aquatic organisms may occur at concentrations that exceed 
61 ppb of the PMN substance in surface waters.
    The Agency concluded, after examining the new human health toxicity 
information, that its finding under section 5(e)(1)(A)(ii)(I) of TSCA 
in the original TSCA section 5(e) consent order that certain activities 
involving the substance may present an unreasonable risk of injury to 
human health is no longer supported. The Agency also concluded based on 
the ecotoxicity information, that the PMN substance meets the concern 
criteria at Sec.  721.170 (b)(4)(i) and (b)(4)(ii).
    To conform with these findings, the Agency is proposing the 
following modifications to the SNUR:
    1. Removing the significant new use requirements for protective 
equipment, hazard communication, and specific uses identified in the 
consent order.
    2. Modifying significant new use requirements for environmental 
releases by removing notification requirements for disposal, and adding 
notification requirements for water releases above 61 ppb.
    3. Revising the recordkeeping requirements to reflect the modified 
SNUR requirements.
    Recommended testing: EPA has determined that the results of a fish 
acute toxicity test, freshwater and marine (OPPTS Test Guideline 
850.1075) and an aquatic invertebrate acute toxicity test, freshwater 
daphnids (OPPTS Test Guideline 850.1010) would help characterize the 
environmental effects of the PMN substance.
    CFR citation: 40 CFR 721.3020.

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 TSCA section 5(a)(2) factors, listed in 
Unit III. of this document. Once EPA determines that a use of a 
chemical substance is a significant new use, TSCA section 5(a)(1)(B) 
and 40 CFR part 721 requires persons to submit a significant new use 
notice (SNUN) to EPA at least 90 days before they manufacture, import, 
or process the chemical substance for that use. Persons who must report 
are described in Sec.  [emsp14]721.5.
    EPA may respond to SNUNs by, among other things, issuing or 
modifying a TSCA section 5(e) consent order and/or amending the SNUR

[[Page 5763]]

promulgated under TSCA section 5(a)(2). Amendment of the SNUR will 
often be necessary to allow persons other than the SNUN submitter to 
engage in the newly authorized use(s), because even after a person 
submits a SNUN and the review period expires, other persons still must 
submit a SNUN before engaging in the significant new use. Procedures 
and criteria for modifying or revoking SNUR requirements appear at 
Sec.  721.185.

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 to 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 a significant new use for the 
chemical substance identified as ethaneperoxoic acid, 1,1-
dimethylpropyl ester (PMN P-85-680), EPA considered relevant 
information about the toxicity of the chemical substance, likely human 
exposures and environmental releases associated with possible uses, 
taking into consideration the four bulleted TSCA section 5(a)(2) 
factors listed in this unit.

IV. Rationale for the Proposed Rule

    During review of PMN P-85-680, the chemical substance identified as 
ethaneperoxoic acid, 1,1-dimethylpropyl ester, EPA concluded that 
regulation was warranted under TSCA section 5(e), pending the 
development of information sufficient to make reasoned evaluations of 
the health or environmental effects of this chemical substance. The 
basis for such findings is outlined in Unit II. of this document and in 
the Federal Register document of June 26, 1990 (55 FR 26102). Based on 
these findings, a TSCA section 5(e) consent order requiring the use of 
appropriate exposure controls were negotiated with the PMN submitter. 
The SNUR provisions for this chemical substance are consistent with the 
provisions of the original TSCA section 5(e) consent order. This SNUR 
was promulgated pursuant to Sec.  [emsp14]721.160.
    After the review of new test data subsequent to issuance of the 
TSCA section 5(e) consent order for P-85-680 and associated SNUR (see 
Unit II.), and consideration of the factors included in TSCA section 
5(a)(2) (see Unit III.), EPA determined that the chemical substance 
meets one or more of the concern criteria in Sec.  721.170(b), but that 
these criteria are no longer met for the personal protective equipment, 
hazard communication, and specific use notification requirements. 
Consequently, EPA is proposing this modification to the SNUR at Sec.  
721.3020 according to procedures in Sec. Sec.  721.160 and 721.185.

V. Applicability of Proposed 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 ongoing. EPA solicits comments on whether any of the uses 
proposed as significant new uses are ongoing. As discussed in the 
Federal Register of April 24, 1990 (55 FR 17376), 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 date of publication of the 
proposed rule, rather than as of the effective date of the final rule. 
If uses begun after publication of the proposed rule were considered 
ongoing rather than new, it would be difficult for EPA to establish 
SNUR notice requirements, because a person could defeat the SNUR by 
initiating the significant new use before the rule became final, and 
then argue that the use was ongoing as of the effective date of the 
final rule.
    Thus, any persons who begin commercial manufacture, import, or 
processing activities with the chemical substances that are not 
currently a significant new use under the current rule but which would 
be regulated as a ``significant new use'' if this proposed rule is 
finalized, must cease any such activity as of the effective date of the 
rule if and when finalized. 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.  [emsp14]721.45(h), the person would 
be considered to have met the requirements of the final SNUR for those 
activities.

VI. Test Data and Other Information

    EPA recognizes that TSCA section 5 does not require the development 
of any particular test data before submission of a SNUN. There are two 
exceptions:
    1. Development of test data is required where the chemical 
substance subject to the SNUR is also subject to a test rule under TSCA 
section 4 (see TSCA section 5(b)(1)).
    2. Development of test data may be necessary where the chemical 
substance has been listed under TSCA section 5(b)(4) (see TSCA section 
5(b)(2)).
    In the absence of a TSCA section 4 test rule or a TSCA section 
5(b)(4) listing covering the chemical substance, 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 (see Sec.  
720.50). However, upon review of PMNs and SNUNs, the Agency has the 
authority to require appropriate testing. In this case, EPA recommends 
persons, before performing any testing, to consult with the Agency 
pertaining to protocol selection. To access the Harmonized Test 
Guidelines referenced in this document electronically, please go to 
http://www.epa.gov/ocspp and select ``Test Methods and Guidelines.''
    The modified TSCA section 5(e) consent order for the chemical 
substance that would be regulated under this proposed rule does not 
require submission of the test at any specified time or volume. 
However, the restrictions on manufacture, import, processing, 
distribution in commerce, use, and disposal of the PMN substance would 
remain in effect until the consent order is modified or revoked by EPA 
based on submission of that or other relevant information. These 
restricted activities cannot be commenced unless the PMN submitter 
first submits the results of toxicity tests that would permit a 
reasoned evaluation of the potential risks posed by this chemical 
substance. The test specified in the modified TSCA section 5(e) consent 
order is included in Unit II. The proposed SNUR would contain the same 
restrictions as the modified TSCA section 5(e) consent order. Persons 
who intend to commence non-exempt commercial manufacture, import, or 
processing for those activities proposed as significant new uses would 
be required to notify the Agency by submitting a SNUN at least 90 days 
in advance of commencement of those activities.
    The recommended testing specified in Unit II. of this document may 
not be the

[[Page 5764]]

only means of addressing the potential risks of the chemical substance. 
However, SNUNs submitted without any test data may increase the 
likelihood that EPA will take action under TSCA section 5(e), 
particularly if satisfactory test results have not been obtained from a 
prior PMN or SNUN submitter. EPA recommends that potential SNUN 
submitters contact EPA early enough so that they will be able to 
conduct the appropriate tests.
    SNUN submitters should be aware that EPA will be better able to 
evaluate SNUNs which provide detailed information on the following:
     Human exposure and environmental release that may result 
from the significant new use of the chemical substance.
     Potential benefits of the chemical substance.
     Information on risks posed by the chemical substance 
compared to risks posed by potential substitutes.

VII. SNUN Submissions

    According to 40 CFR 721.1(c), persons submitting a SNUN must comply 
with the same notice 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 
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. Sec.  
[emsp14]721.25 and 720.40. E-PMN software is available electronically 
at http://www.epa.gov/opptintr/newchems.

VIII. Economic Analysis

    EPA evaluated the potential costs of establishing SNUN requirements 
for potential manufacturers, importers, and processors of the chemical 
substances during the development of the direct final rule. The 
Agency's complete economic analysis is available in the docket under 
docket ID number EPA-HQ-OPPT-2012-0864.

IX. Statutory and Executive Order Reviews

A. Executive Order 12866

    This proposed rule would modify a SNUR for a chemical substance 
that is the subject of a PMN and TSCA section 5(e) consent order. 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

    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 in title 40 of the CFR, after appearing in the Federal 
Register, are listed in 40 CFR part 9, and included on the related 
collection instrument or form, if applicable. EPA has amended the table 
in 40 CFR part 9 to list the OMB approval number for the information 
collection requirements contained in this proposed rule. This listing 
of the OMB control numbers and their subsequent codification in the CFR 
satisfies the display requirements of PRA and OMB's implementing 
regulations at 5 CFR part 1320. This Information Collection Request 
(ICR) was previously subject to public notice and comment prior to OMB 
approval, and given the technical nature of the table, EPA finds that 
further notice and comment to amend it is unnecessary.
    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 would 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

    On February 18, 2012, EPA certified pursuant to section 605(b) of 
the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.), that 
promulgation of a SNUR does not have a significant economic impact on a 
substantial number of small entities where the following are true:
    1. A significant number of SNUNs would not be submitted by small 
entities in response to the SNUR.
    2. The SNUN submitted by any small entity would not cost 
significantly more than $8,300.
    A copy of that certification is available in the docket for this 
proposed rule.
    This proposed rule is within the scope of the February 18, 2012 
certification. Based on the economic analysis discussed in Unit VIII. 
and EPA's experience promulgating SNURs (discussed in the 
certification), EPA believes that the following are true:
     A significant number of SNUNs would not be submitted by 
small entities in response to the SNUR.
     Submission of the SNUN would not cost any small entity 
significantly more than $8,300. Therefore, the promulgation of the SNUR 
would not have a significant economic impact on a substantial number of 
small entities.

D. Unfunded Mandates Reform Act

    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 reason to believe that any 
State, local, or Tribal government would be impacted by this proposed 
rule. As such, EPA has determined that this proposed rule would not 
impose any enforceable duty, contain any unfunded mandate, or otherwise 
have any effect 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).

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 would 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

[[Page 5765]]

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.

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

    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), Public Law 104-113, section 12(d) (15 
U.S.C. 272 note), does not apply to this action.

J. Executive Order 12898

    This action does not entail special considerations of environmental 
justice related issues as delineated by Executive Order 12898, entitled 
Federal Actions to Address Environmental Justice in Minority 
Populations and Low-Income Populations (59 FR7629, February 16, 1994).

List of Subjects in 40 CFR Part 721

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

    Dated: January 15, 2013.
Maria J. Doa,
Director, Chemical Control Division, Office of Pollution Prevention and 
Toxics.
    Therefore, it is proposed that 40 CFR part 721 be 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. Amend Sec.  [emsp14]721.3020 as follows:
0
a. Revise the section heading.
0
b. Revise paragraphs (a)(1), (a)(2)(i), and (a)(2)(ii).
0
c. Remove paragraphs (a)(2)(iii) and (a)(2)(iv).
0
d. Revise paragraph (b)(1).
0
e. Remove paragraph (b)(3).
    The revisions read as follows:


Sec.  721.3020  Ethaneperoxoic acid, 1,1-dimethylpropyl ester.

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified as ethaneperoxoic 
acid, 1,1-dimethylpropyl ester (PMN P-85-680; CAS No. 690-83-5) is 
subject to reporting under this section for the significant new uses 
described in paragraph (a)(2) of this section.
    (2) * * *
    (i) Release to water. Requirements as specified in Sec.  721.90 
(a)(4), (b)(4), and (c)(4) (N=61).
    (ii) [Reserved]
    (b) * * *
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.  
721.125 (a), (b), (c), and (k) are applicable to manufacturers, 
importers, and processors of this substance.
* * * * *

[FR Doc. 2013-01589 Filed 1-25-13; 8:45 am]
BILLING CODE 6560-50-P