[Federal Register Volume 80, Number 125 (Tuesday, June 30, 2015)]
[Rules and Regulations]
[Pages 37161-37166]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-15917]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 721
[EPA-HQ-OPPT-2014-0649; FRL-9928-93]
RIN 2070-AB27
Modification of Significant New Uses of Certain Chemical
Substances
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is amending the significant new use rules (SNURs) under
section 5(a)(2) of the Toxic Substances Control Act (TSCA) for 21
chemical substances which were the subject of premanufacture notices
(PMNs). This action amends the SNURs to allow certain uses without
requiring a significant new use notice (SNUN), and extends SNUN
requirements to certain additional uses. EPA is amending these SNURs
based on review of new data for each chemical substance. This action
requires persons who intend to manufacture (including import) or
process any of these 21 chemical substances for an activity that is
designated as a significant new use by this proposed rule to notify EPA
at least 90 days before commencing that activity. The required
notification would provide EPA with the opportunity to evaluate the
intended use and, if necessary, to prohibit or limit that activity
before it occurs.
DATES: This final rule is effective August 31, 2015.
ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPPT-2014-0649, is available at
http://www.regulations.gov or at the Office of Pollution Prevention and
Toxics Docket (OPPT Docket), Environmental Protection Agency Docket
Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW., Washington, DC. The Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number for the Public Reading Room is (202)
566-1744, and the telephone number for the OPPT Docket is (202) 566-
0280. Please review the visitor instructions and additional information
about the docket available at http://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
For technical information contact: Jim Alwood, Chemical Control
Division, 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. Does this action apply to me?
You may be potentially affected by this action if you manufacture,
process, or use the chemical substances contained in this rule. The
following list of North American Industrial Classification System
(NAICS) codes is not intended to be exhaustive, but rather provides a
guide to help readers determine whether this document applies to them.
Potentially affected entities may include:
Manufacturers or processors of one or more subject
chemical substances (NAICS codes 325 and 324110), e.g., chemical
manufacturing and petroleum refineries.
This action may also affect certain entities through pre-existing
import certification and export notification rules under TSCA. Chemical
importers are subject to the TSCA section 13 (15 U.S.C. 2612) import
certification requirements promulgated at 19 CFR 12.118 through 12.127
and 19 CFR 127.28. Chemical importers must certify that the shipment of
the chemical substance complies with all applicable rules and orders
under TSCA. Importers of chemicals subject to a modified SNUR must
certify their compliance with the SNUR requirements. The EPA policy in
support of import certification appears at 40 CFR part 707, subpart B.
In addition, any persons who export or intend to export the chemical
substance that is the subject of a final rule are subject to the export
notification provisions of TSCA section 12(b) (15 U.S.C. 2611(b)) (see
Sec. 721.20), and must comply with the export notification
requirements in 40 CFR part 707, subpart D.
II. Background
A. What action is the Agency taking?
In the Federal Register of April 9, 2015 (80 FR 19037) (FRL-9924-
10), EPA proposed amendments to the SNURs for 24 chemical substances in
40 CFR part 721 subpart E. This action
[[Page 37162]]
would require persons who intend to manufacture or process these
chemical substances for an activity that is designated as a significant
new use by these amended rules to notify EPA at least 90 days before
commencing that activity. Receipt of such notices allows EPA to assess
risks that may be presented by the intended uses and, if appropriate,
to regulate the proposed use before it occurs. The proposed rule
included 23 chemical substances where EPA determined, based on new
information, there is no need to require additional notice from persons
who propose to engage in identical or similar activities, or a rational
basis no longer exists for the findings that activities involving the
substance may present an unreasonable risk of injury to human health or
the environment required under section 5(e)(1)(A) of the Act. The
proposed rule also included a chemical substance, P-01-781, where EPA
is modifying the chemical identity information. EPA is issuing a final
SNUR amendment for 21 of the 24 chemical substances. For 20 of those
chemical substances, EPA received no public comments and is issuing the
SNURs as proposed. For the chemical substance subject to the SNUR at 40
CFR 721.10182, EPA received three public comments supporting the
proposed SNUR amendments. One of those comments also asked EPA to
clarify if the final modified rule would allow uses of the chemical
substance either alone or as a component in a blend in retail food,
cold storage, transport and industrial refrigeration units; commercial
refrigeration, ice machines, and refrigerated vending machines produced
by original equipment manufacturers; and servicing, repair, and
recharging refrigeration units at grocery stores, convenience stores,
transport, and cold storage facilities. As described in the proposed
rule, EPA had already evaluated stationary refrigeration uses in a
previous SNUN, S-14-11 and did not determine that those uses caused
significant adverse health effects. After publication of the proposed
rule, EPA reached decision on an additional SNUN, S-15-5, for this
chemical substance for stationary and transport refrigeration uses
currently not allowed in the SNUR. Because the Agency expects transport
refrigeration uses will have similar exposures to those for stationary
uses and the hazard findings have not changed, EPA did not determine
that those uses caused significant adverse health effects. Therefore
the final SNUR amendment will allow the transport refrigeration uses
described in S-15-5 and the stationery refrigeration uses described in
S-15-5 and S-14-11, which includes the uses described by the commenter.
As described in the proposed rule EPA is now amending the SNURs
pursuant to 40 CFR 721.185.
EPA received public comments for the proposed SNUR amendments for
the remaining three chemical substances of the 24 included in the
proposed rule subject to SNURs at 40 CFR 721.5575, 721.9675, and
721.10515. EPA will address these three proposed SNUR amendments in a
separate action.
B. What is the Agency's authority for taking this action?
Upon conclusion of the review of the 21 chemical substances in this
SNUR amendment, EPA designated certain activities as significant new
uses. Under Sec. 721.185, EPA may at any time amend a SNUR for a
chemical substance which has been added to subpart E of 40 CFR part 721
if EPA makes one of the determinations set forth in Sec. 721.185.
Amendments may occur on EPA's initiative or in response to a written
request. Under Sec. 721.185(b)(3), if EPA concludes that a SNUR should
be amended, the Agency will propose the changes in the Federal
Register, briefly describe the grounds for the action, and provide
interested parties an opportunity to comment. Pursuant to Sec. 721.185
and as described in Unit IV of the proposed rule for the 20 chemical
substances EPA determined, based on new information, there is no need
to require additional notice from persons who propose to engage in
identical or similar activities, or a rational basis no longer exists
for the findings that activities involving the substance may present an
unreasonable risk of injury to human health or the environment required
under section 5(e)(1)(A) of the Act. This rule also includes a chemical
substance, P-01-781, where EPA is modifying the chemical identity
information.
III. Applicability of the Rule to Uses Occurring Before Effective Date
of the Final Rule
If uses begun after the proposed rule was published were considered
ongoing rather than new, any person could defeat the SNUR by initiating
the significant new use before the final rule was issued. Therefore EPA
has designated the date of publication of the proposed rule as the
cutoff date for determining whether the new use is ongoing. Consult the
Federal Register Notice of April 24, 1990 (55 FR 17376) for a more
detailed discussion of the cutoff date for ongoing uses.
Any person who began commercial manufacture or processing
activities of the chemical substances in this rule for any of the
significant new uses designated in the proposed SNUR after the date of
publication of the proposed SNUR, must stop that activity before the
effective date of the final rule. Persons who ceased those activities
will have to first comply with all applicable SNUR notification
requirements and wait until the notice review period, including any
extensions, expires, before engaging in any activities designated as
significant new uses. 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.
IV. 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. The two
exceptions are:
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 OCSPP test guidelines
referenced in this document electronically, please go to http://www.epa.gov/ocspp and select ``Test Methods and Guidelines.'' The
Organisation for Economic Co-operation and Development (OECD) test
guidelines are available from the OECD Bookshop at http://www.oecdbookshop.org or SourceOECD at http://www.sourceoecd.org. ASTM
International standards are available at http://www.astm.org/Standard/index.shtml.
The recommended testing specified in Unit IV. of the proposed rule
may not be the 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
[[Page 37163]]
under TSCA section 5(e), particularly if satisfactory test results have
not been obtained from a prior PMN or SNUN submitter. EPA recommends
that potential SNUN submitters contact EPA early enough so that they
will be able to conduct the appropriate tests.
SNUN submitters should be aware that EPA will be better able to
evaluate SNUNs which provide detailed information on the following:
Human exposure and environmental release that may result
from the significant new use of the chemical substances.
Potential benefits of the chemical substances.
Information on risks posed by the chemical substances
compared to risks posed by potential substitutes.
V. 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.
721.25 and 720.40. E-PMN software is available electronically at http://www.epa.gov/opptintr/newchems.
VI. Economic Analysis
EPA evaluated the potential costs of SNUN requirements for
potential manufacturers and processors of the chemical substances in
the rule. The Agency's complete Economic Analysis is available in the
docket under docket ID number EPA-HQ-OPPT-2014-0649.
VII. Statutory and Executive Order Reviews
A. Executive Order 12866
This action will modify SNURs for 21 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.
EPA is amending the table in 40 CFR part 9 to list the OMB approval
number for the information collection requirements contained in this
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. As a result, EPA finds that there is ``good cause'' under
section 553(b)(3)(B) of the Administrative Procedure Act, 5 U.S.C.
553(b)(3)(B), to amend this table without further notice and comment.
The information collection requirements related to this action have
already been approved by OMB pursuant to PRA under OMB control number
2070-0012 (EPA ICR No. 574). This action does not impose any burden
requiring additional OMB approval. If an entity were to submit a SNUN
to the Agency, the annual burden is estimated to average between 30 and
170 hours per response. This burden estimate includes the time needed
to review instructions, search existing data sources, gather and
maintain the data needed, and complete, review, and submit the required
SNUN.
Send any comments about the accuracy of the burden estimate, and
any suggested methods for minimizing respondent burden, including
through the use of automated collection techniques, to the Director,
Collection Strategies Division, Office of Environmental Information
(2822T), Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460-0001. Please remember to include the OMB control
number in any correspondence, but do not submit any completed forms to
this address.
C. Regulatory Flexibility Act (RFA)
On February 18, 2012, EPA certified pursuant to RFA section 605(b)
(5 U.S.C. 601 et seq.), that promulgation of a SNUR does not have a
significant economic impact on a substantial number of small entities
where the following are true:
1. A significant number of SNUNs would not be submitted by small
entities in response to the SNUR.
2. The 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
rule.
This rule is within the scope of the February 18, 2012
certification. Based on the Economic Analysis discussed in Unit VI and
EPA's experience promulgating SNURs (discussed in the certification),
EPA believes that the following are true:
A significant number of SNUNs would not be submitted by
small entities in response to the SNUR.
Submission of the SNUN would not cost any small entity
significantly more than $8,300.
Therefore, the promulgation of the SNUR would not have a
significant economic impact on a substantial number of small entities.
D. Unfunded Mandates Reform Act (UMRA)
Based on EPA's experience with proposing and finalizing SNURs,
State, local, and Tribal governments have not been impacted by these
rulemakings, and EPA does not have any reasons to believe that any
State, local, or Tribal government will be impacted by this final rule.
As such, EPA has determined that this 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 UMRA sections 202, 203, 204, or 205 (2
U.S.C. 1501 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 rule would not have Tribal implications because it is not
expected to have substantial direct effects on Indian Tribes. This 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
rule.
G. Executive Order 13045
This action is not subject to Executive Order 13045, entitled
``Protection of
[[Page 37164]]
Children from Environmental Health Risks and Safety Risks'' (62 FR
19885, April 23, 1997), because this is not an economically significant
regulatory action as defined by Executive Order 12866, and this action
does not address environmental health or safety risks
disproportionately affecting children.
H. Executive Order 13211
This action is not subject to Executive Order 13211, entitled
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001), because
this action is not expected to affect energy supply, distribution, or
use and because this action is not a significant regulatory action
under Executive Order 12866.
I. National Technology Transfer and Advancement Act (NTTAA)
In addition, since this action does not involve any technical
standards, NTTAA section 12(d) (15 U.S.C. 272 note), does not apply to
this action.
J. Executive Order 12898
This action does not entail special considerations of environmental
justice related issues as delineated by Executive Order 12898, entitled
``Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations'' (59 FR 7629, February 16,
1994).
VIII. Congressional Review Act (CRA)
Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.),
EPA will submit a report containing this rule and other required
information to the U.S. Senate, the U.S. House of Representatives, and
the Comptroller General of the United States prior to publication of
the rule in the Federal Register. This action is not a ``major rule''
as defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 721
Environmental protection, Chemicals, Hazardous substances,
Reporting and recordkeeping requirements.
Dated: June 18, 2015.
Maria J. Doa,
Director, Chemical Control Division, Office of Pollution Prevention and
Toxics.
Therefore, 40 CFR chapter I 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. Amend Sec. 721.522 by revising paragraphs (a)(1) and (a)(2)(i) to
read as follows:
Sec. 721.522 Oxirane, methyl-, polymer with oxirane, mono (3,5,5,-
trimethylhexyl) ether.
(a) * * *
(1) The chemical substance identified as oxirane, methyl-, polymer
with oxirane, mono (3,5,5,-trimethylhexyl) ether (PMN P-99-669, SNUN S-
09-1, and SNUN S-13-29; CAS No. 204336-40-3) is subject to reporting
under this section for the significant new uses described in paragraph
(a)(2) of this section.
(2) * * *
(i) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80. A significant new use is use other than
as a wetting agent, dispersing agent and defoaming/deaerating agent in
waterborne coatings, inks, and paints, water based adhesives, and
ultraviolet curable coatings; wetting agent in water miscible
metalworking fluids, powdered construction additives for use in
cementitious mortars, grouts and tile adhesives, and in liquid
admixtures for concrete; and a substrate wetting and anticratering
additive for ultraviolet curable inkjet ink.
* * * * *
0
3. Amend Sec. 721.532 as follows:
0
a. Revise the section heading.
0
b. Revise paragraph (a)(1).
0
c. Revise paragraph (a)(2)(i).
0
d. Add paragraph (a)(3).
0
e. Revise paragraph (b)(1).
The revisions and addition read as follows:
Sec. 721.532 1-Butanol, 3-methoxy-3-methyl-, acetate.
(a) * * *
(1) The chemical substance identified as 1-butanol, 3-methoxy-3-
methyl-, acetate (PMN P-00-618; SNUN S-05-03; and SNUN S-11-4; CAS No.
103429-90-9) is subject to reporting under this section for the
significant new uses described in paragraphs (a)(2) and (a)(3) of this
section.
(2) * * *
(i) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80. The significant new use is any use other
than the use described in P-00-618.
* * * * *
(3) The significant new uses for any use other than the use
described in P-00-618:
(i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1), (a)(3)(i), (b) (concentration set at 0.1 percent), and
(c). When determining which persons are reasonably likely to be exposed
as required for Sec. 721.63(a)(1) engineering control measures (e.g.,
enclosure or confinement of the operation, general and local
ventilation) or administrative control measures (e.g., workplace
policies and procedures) shall be considered and implemented to prevent
exposure, where feasible. Butyl rubber gloves with a minimum thickness
of 16.6 mils or Silver shield gloves with a minimum thickness of 2.7
mils have been tested in accordance with the American Society for
Testing Materials (ASTM) F739 method and found by EPA to satisfy the
consent orders and Sec. 721.63(a)(2)(i) requirements for dermal
protection to 100 percent chemical substance. Silver Shield gloves with
a minimum thickness of 2.7 mils have been tested in accordance with the
American Society for Testing Materials (ASTM) F739 method and found by
EPA to satisfy the consent orders and Sec. 721.63(a)(2)(i)
requirements for dermal protection for paint formulations where
concentrations of the chemical substance is 10% or less. Gloves and
other dermal protection may not be used for a time period longer than
they are actually tested and must be replaced at the end of each work
shift.
(ii) Hazard communication program. Requirements as specified in
Sec. 721.72(a), (b) (concentration set at 0.1 percent), (c), (d), (f),
(g)(1)(iv), (g)(1)(iv), (g)(2)(i), (g)(2)(ii), (g)(2)(iii), (g)(2)(v),
(g)(2)(v), and (g)(5).
(iii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(f), (o), and any application method that
generates a vapor, mist, or aerosol when the percent concentration of
the SNUN substance in the final product exceeds 10%.
(b) * * *
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (i) are applicable to manufacturers and processors
of this substance.
* * * * *
0
4. Amend Sec. 721.633 as follows:
0
a. Revise paragraph (a)(1).
0
b. Revise paragraph (a)(2)(i).
0
c. Remove paragraph (a)(2)(iii).
0
d. Revise paragraph (b)(1).
The revisions read as follows:
Sec. 721.633 Aluminosilicates, phospho-.
(a) * * *
(1) The chemical substance identified as aluminosilicates, phospho-
(PMN P-98-1275 and SNUN S-11-10; CAS No. 201167-69-3) is subject to
reporting under this section for the significant new uses described in
paragraph (a)(2) of this section.
(2) * * *
[[Page 37165]]
(i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(4), (b), and (c). When determining which persons are
reasonably likely to be exposed as required for Sec. 721.63(a)(4)
engineering control measures (e.g., enclosure or confinement of the
operation, general and local ventilation) or administrative control
measures (e.g., workplace policies and procedures) shall be considered
and implemented to prevent exposure, where feasible. The following
NIOSH-certified respirators with an APF of at least 50 meet the
requirements of Sec. 721.63(a)(4): NIOSH-certified air-purifying,
tight-fitting full-face respirator equipped with N100 (if oil aerosols
absent), R100, or P100 filters; NIOSH-certified powered air-purifying
respirator equipped with a tight-fitting full facepiece and high
efficiency particulate air (HEPA) filters; NIOSH-certified supplied-air
respirator operated in positive pressure demand or continuous flow mode
and equipped with a hood, or helmet or tight-fitting facepiece. As an
alternative to the respiratory requirements listed here, a manufacturer
or processor may choose to follow the New Chemical Exposure Limit
(NCEL) provisions listed in the TSCA section 5(e) consent order for
these substances. The NCEL is 0.1 mg/m\3\ as an 8-hour time weighted
average verified by actual monitoring data.
* * * * *
(b) * * *
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a), (b), (c), (d), (f), (g), and (h) are applicable to
manufacturers and processors of this substance.
* * * * *
0
5. Amend Sec. 721.2076 by revising paragraphs (a)(1) and (a)(2)(i) to
read as follows:
Sec. 721.2076 D-Glucuronic acid, polymer with 6-deoxy-L-mannose and
D-glucose, acetate, calcium magnesium potassium sodium salt.
(a) * * *
(1) The chemical substance identified as D-Glucuronic acid, polymer
with 6-deoxy-L-mannose and D-glucose, acetate, calcium magnesium
potassium sodium salt (PMN P-00-7; SNUN S-05-1; SNUN S-06-4; SNUN S-07-
03; and SNUN S-07-5; CAS No. 125005-87-0) is subject to reporting under
this section for the significant new use described in paragraph (a)(2)
of this section.
(2) * * *
(i) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80. The significant new use is any use other
than manufacture of the substance where greater than 5 percent of the
chemical substance consists of particle sizes below 10 microns.
* * * * *
0
6. Amend Sec. 721.5185 as follows:
0
a. Revise paragraph (a)(1).
0
b. Revise paragraph (a)(2)(iii).
0
c. Add paragraph (a)(2)(iv).
0
d. Revise paragraph (b)(1).
The revisions and addition read as follows:
Sec. 721.5185 2-Propen-1-one, 1-(4-morpholinyl)-.
(a) * * *
(1) The chemical substance identified as 2-Propen-1-one, 1-(4-
morpholinyl)- (PMN P-95-169; SNUN S-08-7; and SNUN S-14-1; CAS No.
5117-12-4) is subject to reporting under this section for the
significant new uses described in paragraph (a)(2) of this section. The
requirements of this rule do not apply to quantities of the chemical
substance after it has been completely reacted (cured) because 2-
Propen-1-one, 1-(4-morpholinyl)- will no longer exist.
(2) * * *
(iii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(y)(1). It is a significant new use to use
the chemical substance for any use other than as a monomer for use in
ultraviolet ink jet applications unless the chemical substance is
processed and used in an enclosed process.
(iv) Release to water. Requirements as specified in Sec.
721.90(a)(4), (b)(4), and (c)(4) (N = 100).
(b) * * *
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (i) and (k) are applicable to manufacturers and
processors of this chemical substance.
* * * * *
0
7. Amend Sec. 721.5645 by revising paragraphs (a)(1) and (a)(2)(i) to
read as follows:
Sec. 721.5645 Pentane 1,1,1,2,3,4,4,5,5,5,-decafluoro.
(a) * * *
(1) The chemical substance identified as pentane
1,1,1,2,3,4,4,5,5,5,-decafluoro (PMN P-95-638, SNUN P-97-79, and SNUN
S-06-8; CAS No. 138495-42-8) is subject to reporting under this section
for the significant new uses described in paragraph (a)(2) of this
section.
(2) * * *
(i) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80. A significant new use is any use of the
substance other than the uses as described in P-95-638, P-97-79, or S-
06-8.
* * * * *
0
8. Amend Sec. 721.5713 by revising paragraphs (a)(1) and (a)(2)(i) to
read as follows:
Sec. 721.5713 Phenol--biphenyl polymer condensate (generic).
(a) * * *
(1) The chemical substance identified generically as a phenol--
biphenyl polymer condensate (PMN P-00-1220 and S-07-2) is subject to
reporting under this section for the significant new use described in
paragraph (a)(2) of this section.
(2) * * *
(i) Release to water. Requirements as specified Sec. 721.90(a)(4),
(b)(4), and (c)(4) (N = 5).
* * * * *
0
9. Amend Sec. 721.8145 by revising paragraphs (a)(1) and (a)(2)(i) to
read as follows:
Sec. 721.8145 Propane,1,1,1,2,2,3,3-heptafluoro-3-methoxy-.
(a) * * *
(1) The chemical substance identified as propane,1,1,1,2,2,3,3-
heptafluoro-3-methoxy- (PMN P-01-320; SNUN S-04-2; and SNUN 11-1; CAS
No. 375-03-1) is subject to reporting under this section for the
significant new use described in paragraph (a)(2) of this section.
(2) * * *
(i) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80. A significant new use is any use of the
chemical substance other than as a heating transfer fluid, refrigerant,
flush cleaning, foam blowing, deposition coatings, histology baths,
vapor degreasing, and industrial and commercial aerosol spray cleaning.
* * * * *
0
10. Amend Sec. 721.9501 by revising paragraph (a)(1) to read as
follows:
Sec. 721.9501 Silane, triethoxy[3-oxiranylmethoxy)propyl]-.
(a) * * *
(1) The chemical substance identified as silane, triethoxy[3-
oxiranylmethoxy)propyl]- (PMN P-01-781; CAS No. 2602-34-8) is subject
to reporting under this section for the significant new use described
in paragraph (a)(2) of this section.
* * * * *
0
11. Amend Sec. 721.9502 by revising paragraphs (a)(1) and (a)(2)(i) to
read as follows:
Sec. 721.9502 Siloxanes and silicones, aminoalkyl, fluorooctyl,
hydroxy-terminated salt (generic).
(a) * * *
[[Page 37166]]
(1) The chemical substance identified generically as siloxanes and
silicones, aminoalkyl, fluorooctyl, hydroxy-terminated salt (PMN P-00-
1132 and SNUN S-11-5) is subject to reporting under this section for
the significant new use described in paragraph (a)(2) of this section.
(2) * * *
(i) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(y)(1). A significant new use is any use of
the chemical substance other than in graffiti systems, as surface
treatment and additive for coatings, adhesives, sealants, paste,
insulation and textiles for porous, non-porous, ceramic, metal, glass,
plastic, wood and leather surfaces or a surface treatment agent for
inorganic filler particles.
* * * * *
0
12. Amend Sec. 721.9595 by revising the section heading and paragraphs
(a)(1) and (a)(2)(i) to read as follows:
Sec. 721.9595 Benzenesulfonic acid, mono C-10-16-alkyl
derivs., compounds with 2-propen-1-amine and Alkyl benzene sulfonic
acids and alkyl sulfates, amine salts.
(a) * * *
(1) The chemical substances identified as benzenesulfonic acid,
mono C-10-16-alkyl derivs., compds. with 2-propen-1-amine
(PMN P-97-296 and SNUN S-03-10; CAS No. 195008-77-6) and the chemical
substances identified generically as alkyl benzene sulfonic acids and
alkyl sulfates, amine salts (PMNs P-97-297/298/299 and SNUNs S-03-11/
12/13) are 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 = 30.
* * * * *
0
13. Amend Sec. 721.9892 by revising the section heading and paragraphs
(a)(1) and (a)(2)(i) to read as follows:
Sec. 721.9892 1,3-Dimethyl-2-imidazolidinone.
(a) * * *
(1) The chemical substance identified as 1,3-Dimethyl-2-
imidazolidinone (PMN P-93-1649, SNUN S-04-3 and S-11-3; CAS No. 80-73-
9) is subject to reporting under this section for the significant new
uses described in paragraph (a)(2) of this section.
(2) * * *
(iii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(q). A significant new use is non-
industrial use other than the commercial uses described in the S-04-3
and S-11-3.
* * * * *
0
14. Amend Sec. 721.10008 as follows:
0
a. Revise paragraph (a)(2)(ii).
0
b. Remove paragraph (a)(2)(iii).
0
c. Revise paragraph (b)(1).
0
b. Remove paragraph (b)(3).
The revisions read as follows:
Sec. 721.10008 Manganese strontium oxide (MnSrO3).
(a) * * *
(2) * * *
(ii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(k) (manufacture, processing, or use of the
PMN substance if the particle size is less than 10 microns).
(b) * * *
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a), (b), (c), (f), (g), (h), and (i) are applicable to
manufacturers and processors of this substance.
* * * * *
0
15. Amend Sec. 721.10182 by revising paragraphs (a)(1) and (a)(2)(i)
to read as follows:
Sec. 721.10182 1-Propene, 2,3,3,3-tetrafluoro-.
(a) * * *
(1) The chemical substance identified as 1-propene, 2,3,3,3-
tetrafluoro- (PMN P-07-601, SNUN S-14-11, and SNUN S-15-5; CAS No. 754-
12-1) is subject to reporting under this section for the significant
new uses described in paragraph (a)(2) of this section.
(2) * * *
(i) Industrial, commercial, and consumer activities. A significant
new use is:
(A) Use other than as a refrigerant: In motor vehicle air
conditioning systems in new passenger cars and vehicles (i.e., as
defined in 40 CFR 82.32(c) and (d)), in stationary and transport
refrigeration, or in stationary air conditioning.
(B) Section 721.80(m) (commercial use other than: In passenger cars
and vehicles in which the original charging of motor vehicle air
conditioning systems with the PMN substance was done by the motor
vehicle original equipment manufacturer (OEM), in stationary and
transport refrigeration, or in stationary air conditioning).
(C) Section 721.80(o) (use in consumer products other than products
used to recharge the motor vehicle air conditioning systems in
passenger cars and vehicles in which the original charging of motor
vehicle air conditioning systems with the PMN substance was done by the
motor vehicle OEM).
* * * * *
0
16. Amend Sec. 721.10283 as follows:
0
a. Revise paragraph (a)(2)(i).
0
b. Revise paragraph (a)(2)(ii).
0
c. Revise paragraph (a)(2)(iii).
0
d. Remove paragraph (a)(2)(iv).
0
e. Revise paragraph (b)(1).
The revisions read as follows:
Sec. 721.10283 Poly[oxy(methyl-1,2- ethanediyl)], .alpha.-
sulfo-.omega.-hydroxy-, C12-13-branched and linear alkyl ethers, sodium
salts.
(a) * * *
(2) * * *
(i) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(l).
(ii) Disposal. Requirements as specified in Sec. 721.85. A
significant new of the substances is any method of disposal of a waste
stream containing the PMN substances other than by incineration or by
injection into a Class I or II waste disposal well.
(iii) Release to water. Requirements as specified in Sec.
721.90(a)(2)(ii), (b)(2)(ii), and (c)(2)(ii).
(b) * * *
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a), (b), (c), (i), and (j) are applicable to manufacturers,
importers, and processors of this substance.
* * * * *
0
17. Amend Sec. 721.10284 as follows:
0
a. Revise paragraph (a)(2)(i).
0
b. Revise paragraph (a)(2)(ii).
0
c. Revise paragraph (a)(2)(iii).
0
d. Remove paragraph (a)(2)(iv).
0
e. Revise paragraph (b)(1).
The revisions read as follows:
Sec. 721.10284 Poly[oxy(methyl-1,2-ethanediyl)], .alpha.-
sulfo-.omega.-hydroxy-, C14-15-branched and linear alkyl ethers, sodium
salts.
(a) * * *
(2) * * *
(i) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(l).
(ii) Disposal. Requirements as specified in Sec. 721.85. A
significant new of the substances is any method of disposal of a waste
stream containing the PMN substances other than by incineration or by
injection into a Class I or II waste disposal well.
(iii) Release to water. Requirements as specified in Sec.
721.90(a)(2)(ii), (b)(2)(ii), and (c)(2)(ii).
(b) * * *
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a), (b), (c), (i), and (j) are applicable to manufacturers,
importers, and processors of this substance.
* * * * *
[FR Doc. 2015-15917 Filed 6-29-15; 8:45 am]
BILLING CODE 6560-50-P