[Federal Register Volume 84, Number 199 (Tuesday, October 15, 2019)]
[Rules and Regulations]
[Pages 55058-55071]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22205]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 9 and 721
[EPA-HQ-OPPT-2018-0567; FRL-10000-42]
RIN 2070-AB27
Significant New Use Rules on Certain Chemical Substances (17-5)
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is issuing significant new use rules (SNURs) under the
Toxic Substances Control Act (TSCA) for 29 chemical substances which
are the subject of 28 premanufacture notices (PMNs). The chemical
substances are subject to Orders issued by EPA pursuant to section 5(e)
of TSCA. This action requires persons who intend to manufacture
(defined by statute to include import) or process any of these 29
chemical substances for an activity that is designated as a significant
new use by this rule to notify EPA at least 90 days before commencing
that activity. Persons may not commence manufacture or processing for
the significant new use until EPA has conducted a review of the notice,
made an appropriate determination on the notice, and has taken such
actions as are required by that determination.
DATES: This rule is effective on December 16, 2019. For purposes of
judicial review, this rule shall be promulgated at 1 p.m. (e.s.t.) on
October 29, 2019.
FOR FURTHER INFORMATION CONTACT:
For technical information contact: Kenneth Moss, Chemical Control
Division (7405M), Office of Pollution Prevention and Toxics,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington,
DC 20460-0001; telephone number: (202) 564-9232; email address:
[email protected].
For general information contact: The TSCA-Hotline, ABVI-Goodwill,
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202)
554-1404; email address: [email protected].
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
You may be potentially affected by this action if you manufacture,
process, or use the chemical substances contained in this rule. The
following list of North American Industrial Classification System
(NAICS) codes is not intended to be exhaustive, but rather provides a
guide to help readers determine whether this document applies to them.
Potentially affected entities may include:
Manufacturers or processors of one or more subject
chemical substances (NAICS codes 325 and 324110), e.g., chemical
manufacturing and petroleum refineries.
This action may also affect certain entities through pre-existing
import certification and export notification rules under TSCA. Chemical
importers are subject to the TSCA section 13 (15 U.S.C. 2612) import
certification requirements promulgated at 19 CFR 12.118 through 12.127
and 19 CFR 127.28. Chemical importers must certify that the shipment of
the chemical substance complies with all applicable rules and Orders
under TSCA. Importers of chemicals subject to these SNURs must certify
compliance with the SNUR requirements. The EPA policy in support of
import certification appears at 40 CFR part 707, subpart B. In
addition, any persons who export or intend to export a chemical
substance that is the subject of this rule on or after November 14,
2019 are subject to the export notification provisions of TSCA section
12(b) (15 U.S.C. 2611(b)) (see 40 CFR 721.20), and must comply with the
export notification requirements in 40 CFR part 707, subpart D.
B. How can I access the docket?
The docket includes information considered by the Agency in
developing the proposed and final rules. The docket for this action,
identified by docket identification (ID) number EPA-HQ-OPPT-2018-0567,
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
[[Page 55059]]
instructions and additional information about the docket available at
http://www.epa.gov/dockets.
II. Background
A. What action is the Agency taking?
EPA is finalizing these SNURs under TSCA section 5(a)(2) for 29
chemical substances which were the subject of 28 PMNs. These SNURs
require persons who intend to manufacture or process any of these
chemical substances for an activity that is designated as a significant
new use to notify EPA at least 90 days before commencing that activity.
In the Federal Register of September 17, 2018 (83 FR 47026) (FRL-
9983-59), EPA proposed a SNUR for these chemical substances in 40 CFR
part 721 subpart E. This comment period closed on October 17, 2018.
More information on the specific chemical substances subject to this
final rule can be found in the Federal Register documents for the
direct final SNUR of September 17, 2018 (83 FR 47004) (FRL-9983-14),
which is referenced in the proposed SNUR. The direct final rule was
withdrawn in the Federal Register of November 16, 2018 (83 FR 57689)
(FRL-9986-15).
B. What is the Agency's authority for taking this action?
TSCA section 5(a)(2) (15 U.S.C. 2604(a)(2)) authorizes EPA to
determine that a use of a chemical substance is a ``significant new
use.'' EPA must make this determination by rule after considering all
relevant factors, including the four TSCA section 5(a)(2) factors
listed in Unit III.
C. Applicability of General Provisions
General provisions for SNURs appear in 40 CFR part 721, subpart A.
These provisions describe persons subject to the rule, recordkeeping
requirements, exemptions to reporting requirements, and applicability
of the rule to uses occurring before the effective date of the rule.
Provisions relating to user fees appear at 40 CFR part 700. According
to 40 CFR 721.1(c), persons subject to these SNURs must comply with the
same SNUN requirements and EPA regulatory procedures as submitters of
PMNs under TSCA section 5(a)(1)(A). These requirements include the
information submission requirements of TSCA sections 5(b) and 5(d)(1),
the exemptions authorized by TSCA sections 5(h)(1), (h)(2), (h)(3), and
(h)(5), and the regulations at 40 CFR part 720. Once EPA receives a
SNUN, EPA must either determine that the use is not likely to present
an unreasonable risk of injury under the conditions of use for the
chemical substance or take such regulatory action as is associated with
an alternative determination before the manufacture or processing for
the significant new use can commence. In the case of a determination
other than not likely to present unreasonable risk, the applicable
review period must also expire before manufacturing or processing for
the new use may commence. If EPA determines that the use is not likely
to present an unreasonable risk, EPA is required under TSCA section
5(g) to make public, and submit for publication in the Federal
Register, a statement of EPA's findings.
III. Significant New Use Determination
When the Agency issues an Order under TSCA section 5(e), section
5(f)(4) requires that the Agency consider whether to promulgate a SNUR
for any use not conforming to the restrictions of the TSCA section 5(e)
Order or publish a statement describing the reasons for not initiating
the rulemaking. TSCA section 5(a)(2) states that EPA's determination
that a use of a chemical substance is a significant new use must be
made after consideration of all relevant factors, including:
The projected volume of manufacturing and processing of a
chemical substance.
The extent to which a use changes the type or form of
exposure of human beings or the environment to a chemical substance.
The extent to which a use increases the magnitude and
duration of exposure of human beings or the environment to a chemical
substance.
The reasonably anticipated manner and methods of
manufacturing, processing, distribution in commerce, and disposal of a
chemical substance.
In determining what would constitute a significant new use for the
chemical substances that are the subject of these SNURs, EPA considered
relevant information about the toxicity of the chemical substances,
likely human exposures and environmental releases associated with
possible uses, and the four TSCA section 5(a)(2) factors listed in this
unit.
IV. Public Comments on Proposed Rule and EPA Responses
EPA received public comments on the proposed rule from eight
identifying entities. The Agency's responses are in the Response to
Public Comments document in the public docket for this rule, EPA-HQ-
OPPT-2018-0567.
V. Substances Subject to This Rule
EPA is establishing significant new use and recordkeeping
requirements for 29 chemical substances in 40 CFR part 721, subpart E.
In Unit IV. of the original direct final rule (83 FR 47004, September
17, 2018) (FRL-9983-14), EPA provides the following information for
each chemical substance:
PMN number.
Chemical name (generic name, if the specific name is
claimed as CBI).
Chemical Abstracts Service (CAS) Registry number (if
assigned for non-confidential chemical identities).
Basis for the TSCA section 5(e) Order.
Potentially Useful Information. This is information
identified by EPA that would help characterize the potential health
and/or environmental effects of the chemical substance in support of a
request by the PMN submitter to modify the TSCA section 5(e) Order, or
if a manufacturer or processor is considering submitting a SNUN for a
significant new use designated by the SNUR.
CFR citation assigned in the regulatory text section of
this rule.
The regulatory text section of each rule specifies the activities
designated as significant new uses. Certain new uses, including
exceedance of production volume limits (i.e., limits on manufacture
volume) and other uses designated in this rule, may be claimed as CBI.
Unit IX. discusses a procedure companies may use to ascertain whether a
proposed use constitutes a significant new use.
These final rules include 29 chemical substances that are subject
to Orders under TSCA section 5(e)(1)(A)(ii)(I) where EPA determined
that activities associated with the PMN substances may present
unreasonable risk to human health or the environment. Those Orders
require protective measures to limit exposures or otherwise mitigate
the potential unreasonable risk. The SNURs identify as significant new
uses any manufacturing, processing, use, distribution in commerce, or
disposal that does not conform to the restrictions imposed by the
underlying Orders, consistent with TSCA section 5(f)(4).
Where EPA determined that the PMN substance may present an
unreasonable risk of injury to human health via inhalation exposure,
the underlying TSCA section 5(e) Order usually requires that
potentially exposed employees wear specified respirators unless actual
measurements of the workplace air show that air-borne concentrations of
the PMN substance are below the New Chemical Exposure
[[Page 55060]]
Limit (NCEL). The comprehensive NCELs provisions in TSCA section 5(e)
Orders include requirements addressing performance criteria for
sampling and analytical methods, periodic monitoring, respiratory
protection, and recordkeeping. No comparable NCEL provisions currently
exist in 40 CFR part 721, subpart B, for SNURs. Therefore, for these
cases, the individual SNURs in 40 CFR part 721, subpart E, will state
that persons subject to the SNUR who wish to pursue NCELs as an
alternative to the 40 CFR 721.63 respirator requirements may request to
do so under 40 CFR 721.30. EPA expects that persons whose 40 CFR 721.30
requests to use the NCELs approach for SNURs that are approved by EPA
will be required to comply with NCELs provisions that are comparable to
those contained in the corresponding TSCA section 5(e) Order.
VI. Rationale and Objectives of the Rule
A. Rationale
During review of the PMNs submitted for the chemical substances
that are subject to these SNURs, 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 the chemical substances. The basis for such
findings is outlined in Unit IV. Based on these findings, TSCA section
5(e) Orders requiring the use of appropriate exposure controls were
negotiated with the PMN submitters. As a general matter, EPA believes
it is necessary to follow TSCA section 5(e) Orders with a SNUR that
identifies the absence of those protective measures as Significant New
Uses to ensure that all manufacturers and processors--not just the
original submitter--are held to the same standard.
B. Objectives
EPA is issuing these SNURs because the Agency wants:
To identify as significant new uses any manufacturing,
processing, use, distribution in commerce, or disposal that does not
conform to the restrictions imposed by the underlying Orders,
consistent with TSCA section 5(f)(4).
To receive notice of any person's intent to manufacture or
process a listed chemical substance for the described significant new
use before that activity begins.
To have an opportunity to review and evaluate data
submitted in a SNUN before the notice submitter begins manufacturing or
processing a listed chemical substance for the described significant
new use.
To be able to either determine that the prospective
manufacture or processing is not likely to present an unreasonable
risk, or to take necessary regulatory action associated with any other
determination, before the described significant new use of the chemical
substance occurs.
Issuance of a SNUR for a chemical substance does not signify that
the chemical substance is listed on the TSCA Chemical Substance
Inventory (TSCA Inventory). Guidance on how to determine if a chemical
substance is on the TSCA Inventory is available on the internet at
http://www.epa.gov/opptintr/existingchemicals/pubs/tscainventory/index.html.
VII. Applicability of the Significant New Use Designation
To establish a significant new use, EPA must determine that the use
is not ongoing. The chemical substances subject to this rule have
undergone premanufacture review. In cases where EPA has not received a
notice of commencement (NOC) and the chemical substance has not been
added to the TSCA Inventory, no person may commence such activities
without first submitting a PMN. Therefore, for chemical substances for
which an NOC has not been submitted, EPA concludes that the designated
significant new uses are not ongoing.
When chemical substances identified in this rule are added to the
TSCA Inventory, EPA recognizes that, before the rule is effective,
other persons might engage in a use that has been identified as a
significant new use. However, TSCA section 5(e) Orders have been issued
for all the chemical substances, and the PMN submitters are prohibited
by the TSCA section 5(e) Orders from undertaking activities which will
be designated as significant new uses. The identities of the 29
chemical substances subject to this rule have been claimed as
confidential. Based on this, the Agency believes that it is highly
unlikely that any of the significant new uses described in the
regulatory text of this rule are ongoing.
Furthermore, EPA designated September 17, 2018 (the date of public
release of the original direct final and proposed rules) as the cutoff
date for determining whether the new use is ongoing. The objective of
EPA's approach has been to ensure that a person could not defeat a SNUR
by initiating a significant new use before the effective date of the
final rule.
In the unlikely event that a person began commercial manufacture or
processing of the chemical substances for a significant new use
identified as of September 17, 2018, that person will have to cease any
such activity upon the effective date of the final rule. To resume
their activities, these persons will have to first comply with all
applicable SNUR notification requirements and wait until EPA has
conducted a review of the notice, made an appropriate determination on
the notice, and has taken such actions as are required with that
determination.
VIII. Development and Submission of Information
EPA recognizes that TSCA section 5 does not require developing any
particular new information (e.g., generating test data) before
submission of a SNUN. There is an exception: If a person is required to
submit information for a chemical substance pursuant to a rule, Order
or consent agreement under TSCA section 4 (15 U.S.C. 2603), then TSCA
section 5(b)(1)(A) (15 U.S.C. 2604(b)(1)(A)) requires such information
to be submitted to EPA at the time of submission of the SNUN.
In the absence of a rule, Order, or consent agreement under TSCA
section 4 covering the chemical substance, persons are required only to
submit information in their possession or control and to describe any
other information known to or reasonably ascertainable (see 40 CFR
720.50). However, upon review of PMNs and SNUNs, the Agency has the
authority to require appropriate testing under 40 CFR part 721, subpart
E. In Unit IV. of the original direct final rule (83 FR 47004,
September 17, 2018) (FRL-9983-14), the EPA lists potentially useful
information that will be useful to EPA's evaluation. Companies who are
considering submitting a SNUN are encouraged, but not required, to
develop the information on the substance. EPA strongly encourages
persons, before performing any testing, to consult with the Agency.
Furthermore, pursuant to TSCA section 4(h), which pertains to reduction
of testing on vertebrate animals, EPA encourages consultation with the
Agency on the use of alternative test methods and strategies (also
called New Approach Methodologies, or NAMs), if available, to generate
the recommended test data. EPA encourages dialog with Agency
representatives to help determine how best the submitter can meet both
the data needs and the objective of TSCA section 4(h).
In some of the TSCA section 5(e) Orders for the chemical substances
regulated under this rule, EPA has established production volume
limits.
[[Page 55061]]
These limits cannot be exceeded unless the PMN submitter submits the
results of specified tests. The SNURs contain the same production
volume limits as the TSCA section 5(e) Orders. Exceeding these
production limits is defined as a significant new use. Persons who
intend to exceed the production limit must notify the Agency by
submitting a SNUN at least 90 days in advance of commencement of non-
exempt commercial manufacture or processing.
Any request by EPA for the triggered and pended testing described
in the Orders was made based on EPA's consideration of available
screening-level data, if any, as well as other available information on
appropriate testing for the PMN substances. Further, any such testing
request on the part of EPA that includes testing on vertebrates was
made after consideration of available toxicity information,
computational toxicology and bioinformatics, and high-throughput
screening methods and their prediction models.
The potentially useful information identified in Unit IV. of the
original direct final rule may not be the only means of addressing the
potential risks of the chemical substance. However, submitting a SNUN
without any test data or other information may increase the likelihood
that EPA will take action under TSCA section 5(e) or 5(f). EPA
recommends that potential SNUN submitters contact EPA early enough so
that they will be able to conduct the appropriate tests.
SNUN submitters should provide detailed information on the
following:
Human exposure and environmental release that may result
from the significant new use of the chemical substances.
Information on risks posed by the chemical substances
compared to risks posed by potential substitutes.
IX. Procedural Determinations
By this rule, EPA is establishing certain significant new uses
which have been claimed as CBI subject to Agency confidentiality
regulations at 40 CFR part 2 and 40 CFR part 720, subpart E. Absent a
final determination or other disposition of the confidentiality claim
under 40 CFR part 2 procedures, EPA is required to keep this
information confidential. EPA promulgated a procedure to deal with the
situation where a specific significant new use is CBI, at 40 CFR
721.1725(b)(1).
Under these procedures a manufacturer or processor may request EPA
to determine whether a proposed use would be a significant new use
under the rule. The manufacturer or processor must show that it has a
bona fide intent to manufacture or process the chemical substance and
must identify the specific use for which it intends to manufacture or
process the chemical substance. If EPA concludes that the person has
shown a bona fide intent to manufacture or process the chemical
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 chemical substances
subject to these SNURs are also CBI, manufacturers and processors can
combine the bona fide submission under the procedure in 40 CFR
721.1725(b)(1) with that under 40 CFR 721.11 into a single step.
If EPA determines that the use identified in the bona fide
submission would not be a significant new use, i.e., the use does not
meet the criteria specified in the rule for a significant new use, that
person can manufacture or process the chemical substance so long as the
significant new use trigger is not met. In the case of a production
volume trigger, this means that the aggregate annual production volume
does not exceed that identified in the bona fide submission to EPA.
Because of confidentiality concerns, EPA does not typically disclose
the actual production volume that constitutes the use trigger. Thus, 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.
X. SNUN Submissions
According to 40 CFR 721.1(c), persons submitting a SNUN must comply
with the same notification requirements and EPA regulatory procedures
as persons submitting a PMN, including submission of test data on
health and environmental effects as described in 40 CFR 720.50. SNUNs
must be submitted on EPA Form No. 7710-25, generated using e-PMN
software, and submitted to the Agency in accordance with the procedures
set forth in 40 CFR 720.40 and 721.25. E-PMN software is available
electronically at http://www.epa.gov/opptintr/newchems.
XI. Economic Analysis
EPA has evaluated the potential costs of establishing SNUN
requirements for potential manufacturers and processors of the chemical
substances subject to this rule. EPA's complete economic analysis is
available in the docket under docket ID number EPA-HQ-OPPT-2018-0567.
XII. Statutory and Executive Order Reviews
Additional information about these statutes and Executive Orders
can be found at https://www.epa.gov/laws-regulations-and-executive-orders.
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulations and Regulatory Review
This action establishes SNURs for several new chemical substances
that were the subject of PMNs and TSCA section 5(e) Orders. The Office
of Management and Budget (OMB) has exempted these types of actions from
review under Executive Orders 12866 (58 FR 51735, October 4, 1993) and
13563 (76 FR 3821, January 21, 2011).
B. Paperwork Reduction Act (PRA)
According to the 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 is amending the table in 40 CFR part 9 to list
the OMB approval number for the information collection requirements
contained in this action. 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 activities in 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 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
[[Page 55062]]
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 using
automated collection techniques, to the Director, Regulatory Support
Division, Office of Mission Support (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)
Pursuant to RFA section 605(b) (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 requirement to submit a SNUN applies to any person
(including small or large entities) who intends to engage in any
activity described in the final rule as a ``significant new use.''
Because these uses are ``new,'' based on all information currently
available to EPA, it appears that no small or large entities presently
engage in such activities. A SNUR requires that any person who intends
to engage in such activity in the future must first notify EPA by
submitting a SNUN. EPA's experience to date is that, in response to the
promulgation of SNURs covering over 1,000 chemicals, the Agency
receives only a small number of notices per year. For example, the
number of SNUNs received was seven in Federal fiscal year (FY) 2013, 13
in FY2014, six in FY2015, 10 in FY2016, 14 in FY2017, and 18 in FY2018
and only a fraction of these were from small businesses. In addition,
the Agency currently offers relief to qualifying small businesses by
reducing the SNUN submission fee from $16,000 to $2,800. This lower fee
reduces the total reporting and recordkeeping of cost of submitting a
SNUN to about $10,116 for qualifying small firms. Therefore, the
potential economic impacts 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 in the Federal Register of June 2,
1997 (62 FR 29684) (FRL-5597-1), the Agency presented its general
determination that 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.
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 action. As
such, EPA has determined that this action does not impose any
enforceable duty, contain any unfunded mandate, or otherwise have any
effect on small governments subject to the requirements of UMRA
sections 202, 203, 204, or 205 (2 U.S.C. 1501 et seq.).
E. Executive Order 13132: Federalism
This action will 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 (64 FR 43255,
August 10, 1999).
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have Tribal implications because it is not
expected to have substantial direct effects on Indian Tribes. This
action does 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 (65 FR 67249, November 9, 2000), do not apply
to this action.
G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
This action is not subject to Executive Order 13045 (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: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This action is not subject to Executive Order 13211 (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: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
This action does not entail special considerations of environmental
justice related issues as delineated by Executive Order 12898 (59 FR
7629, February 16, 1994).
XIII. Congressional Review Act (CRA)
Pursuant to the CRA (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
40 CFR Part 9
Environmental protection, Reporting and recordkeeping requirements.
40 CFR Part 721
Environmental protection, Chemicals, Hazardous substances,
Reporting and recordkeeping requirements.
Dated: October 4, 2019.
Tala Henry,
Deputy Director, Office of Pollution Prevention and Toxics.
Therefore, 40 CFR parts 9 and 721 are amended as follows:
PART 9--[AMENDED]
0
1. The authority citation for part 9 continues to read as follows:
Authority: 7 U.S.C. 135 et seq., 136-136y; 15 U.S.C. 2001, 2003,
2005, 2006, 2601-2671; 21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33
U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318, 1321, 1326, 1330,
1342, 1344, 1345 (d) and (e), 1361; E.O. 11735, 38 FR 21243, 3 CFR,
1971-1975 Comp. p. 973; 42 U.S.C. 241, 242b, 243, 246, 300f, 300g,
300g-1, 300g-2, 300g-3, 300g-4, 300g-5, 300g-6, 300j-1, 300j-2,
300j-3, 300j-4, 300j-9, 1857 et seq., 6901-6992k, 7401-7671q, 7542,
9601-9657, 11023, 11048.
0
2. In Sec. 9.1, add entries for Sec. Sec. 721.11124 through 721.11148
in numerical order under the undesignated center heading ``Significant
New Uses of Chemical Substances'' to read as follows:
[[Page 55063]]
Sec. 9.1 OMB approvals under the Paperwork Reduction Act.
* * * * *
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OMB control
40 CFR citation No.
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* * * * *
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Significant New Uses of Chemical Substances
------------------------------------------------------------------------
* * * * *
721.11124............................................... 2070-0012
721.11125............................................... 2070-0012
721.11126............................................... 2070-0012
721.11127............................................... 2070-0012
721.11128............................................... 2070-0012
721.11129............................................... 2070-0012
721.11130............................................... 2070-0012
721.11131............................................... 2070-0012
721.11132............................................... 2070-0012
721.11133............................................... 2070-0012
721.11134............................................... 2070-0012
721.11135............................................... 2070-0012
721.11136............................................... 2070-0012
721.11137............................................... 2070-0012
721.11138............................................... 2070-0012
721.11139............................................... 2070-0012
721.11140............................................... 2070-0012
721.11141............................................... 2070-0012
721.11142............................................... 2070-0012
721.11143............................................... 2070-0012
721.11144............................................... 2070-0012
721.11145............................................... 2070-0012
721.11146............................................... 2070-0012
721.11147............................................... 2070-0012
721.11148............................................... 2070-0012
* * * * *
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* * * * *
PART 721--[AMENDED]
0
3. The authority citation for part 721 continues to read as follows:
Authority: 15 U.S.C. 2604, 2607, and 2625(c).
0
4. Add Sec. Sec. 721.11124 through 721.11148 to subpart E to read as
follows:
Subpart E--Significant New Uses for Specific Chemical Substances
Sec.
* * * * *
721.11124 2-Propenenitrile, polymer with methanamine, hydrogenated,
3-aminopropylterminated, ethoxylated propoxylated.
721.11125 Dicarboxylic acids, polymers with alkyl prop-2-enoate,
alkyl 2-ethylprop-2-enoate, alkyl[(alkenyl)alkyl]alkanediol,
alkanediol, alkanedioic acid, alkyl 2-methylprop-2-enoate, alkyl
prop-2-enoic acid, alkylene [isocyanatocarbomonocycle] and
alkanediol, alkanolamine-blocked, compds. with 2-(alkylamino)alkanol
(generic).
721.11126 Mixed metal oxide (generic).
721.11127 Modified alkyl polyamine (generic).
721.11128 Alkyl polyamine (generic).
721.11129 Silica gel, reaction products with chromium oxide (CrO3)
and ethoxydiethyl aluminum.
721.11130 Carboxylic acids, C6-18 and C5-15-di-, polymers with
diethylene glycol, glycerol, sorbitol and terephthalic acid.
721.11131 1-Tetradecene, homopolymer, hydrogenated.
721.11132 Fluorocyanophenyl alkylbenzoate (generic).
721.11133 Fluorinated acrylic copolymer (generic).
721.11134 Oxyalkylene urethane polyolefin (generic).
721.11135 Imino alkane amine phosphate (generic).
721.11136 Fatty acids, tall-oil, reaction products with 2-[(2-
aminoalkyl)amino]alkanol, compds. with alkylene oxide-glycidyl o-
tolyl ether polymer dihydrogen phosphate alkyl ether (generic).
721.11137 Oxirane, 2-alkyl-, polymer with oxirane, mono[N-[3-
(carboxyamino)-4(or 6)-alkylphenyl]carbamate], alkyl ether, ester
with 2,2',2''-nitrilotris-[alkanol] (generic).
721.11138 Formaldehyde, polymer with (chloromethyl)oxirane and
substituted aromatic compounds (generic).
721.11139 Acid, reaction products with cadmium selenide (CdSe),
trioctylphosphine and trioctylphosphine oxide (generic).
721.11140 Acid, reaction products with cadmium selenide sulfide,
acid, trioctylphosphine and trioctylphosphine oxide (generic).
721.11141 Acid, reaction products with cadmium zinc selenide
sulfide, trioctylphosphine and trioctylphosphine oxide (generic).
721.11142 Metal oxide reaction products with cadmium metal selenide
sulfide, and amine (generic).
721.11143 Alkanoic acid, alkyl-, substituted alkyl ester, polymer
with alkyl alkenoate, substituted carbomonocycle, substituted alkyl
alkenoate and alkyl substituted alkenoate, substituted
alkanenitrile-initiated, polymers with substituted alkanenitrile-
initiated, alkanoic acid-alkane substituted acrylates-substituted
carbomonocycle polymer, compds. with alkylamino alkanol (generic).
721.11144 Manganese bipyridine carboxylate complex (generic).
721.11145 Sulfuric acid mixed salt (generic).
721.11146 2-Propenoic acid, alkyl-2-(alkylalkyl)alkyl ester
(generic).
721.11147 Allyloxymethylacrylate (generic).
721.11148 Polyurethane, methacrylate blocked (generic).
* * * * *
Sec. 721.11124 2-Propenenitrile, polymer with methanamine,
hydrogenated, 3-aminopropylterminated, ethoxylated propoxylated.
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified as 2-propenenitrile,
polymer with methanamine, hydrogenated, 3-aminopropylterminated,
ethoxylated propoxylated (PMN P-14-758; CAS No. 2055838-16-7) is
subject to reporting under this section for the significant new uses
described in paragraph (a)(2) of this section. The requirements of this
section do not apply to quantities of the chemical substance after they
have been completely reacted (cured).
(2) The significant new uses are:
(i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1), (a)(2)(i), (a)(3) through (5)(respirators must provide a
National Institute for Occupational Safety and Health assigned
protection factor of at least 50), (a)(6)(v) (particulate (including
solids or liquid droplets)), (when determining which persons are
reasonably likely to be exposed as required for Sec. 721.63(a)(1) and
(4), engineering control measures (e.g. enclosure or confinement of
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), (b)
(concentration set at 1.0%), and (c).
(ii) Hazard communication. Requirements as specified in Sec.
721.72(a) through (d), (e) (concentration set at 1.0%), (f),
(g)(1)(ii), (g)(2)(ii), (g)(4)(iii), and (g)(5). Alternative hazard and
warning statements that meet the criteria of the Globally Harmonized
System and OSHA Hazard Communication Standard may be used.
(iii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(f) and (k). A significant new use is any
spray application method that results in greater worker inhalation
exposures to vapor, mist, or aerosol than the roller coating
application.
(iv) Release to water. Requirements as specified in Sec.
721.90(b)(1) and (c)(1).
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (i), and (k) are applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of certain notification requirements.
The
[[Page 55064]]
provisions of Sec. 721.185 apply to this section.
(3) Determining whether a specific use is subject to this section.
The provisions of Sec. 721.1725(b)(1) apply to paragraph (a)(2)(iii)
of this section.
Sec. 721.11125 Dicarboxylic acids, polymers with alkyl prop-2-enoate,
alkyl 2-ethylprop-2-enoate, alkyl[(alkenyl)alkyl]alkanediol,
alkanediol, alkanedioic acid, alkyl 2-methylprop-2-enoate, alkyl prop-
2-enoic acid, alkylene [isocyanatocarbomonocycle] and alkanediol,
alkanolamine-blocked, compds. with 2-(alkylamino)alkanol (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
dicarboxylic acids, polymers with alkyl prop-2-enoate, alkyl 2-
ethylprop-2-enoate, alkyl[(alkenyl)alkyl]alkanediol, alkanediol,
alkanedioic acid, alkyl 2-methylprop-2-enoate, alkyl prop-2-enoic acid,
alkylene [isocyanatocarbomonocycle] and alkanediol, alkanolamine-
blocked, compds. with 2-(alkylamino)alkanol (PMN P-16-493) is subject
to reporting under this section for the significant new uses described
in paragraph (a)(2) of this section. The requirements of this section
do not apply to quantities of the substance after they have been
reacted (cured).
(2) The significant new uses are:
(i) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(f). It is a significant new use to import
the chemical substance to contain more than 0.1% residual isocyanate by
weight. It is a significant new use to import the chemical substance to
contain more than 1% of a confidential component by weight.
(ii) [Reserved]
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (c) and (i) are applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
(3) Determining whether a specific use is subject to this section.
The provisions of Sec. 721.1725(b)(1) apply to paragraph (a)(2)(i) of
this section.
Sec. 721.11126 Mixed metal oxide (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as a mixed
metal oxide (PMN P-16-514) 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) through (5)(respirators must provide a National
Institute for Occupational Safety and Health assigned protection factor
of at least 1,000), (a)(6)(particulate (including solids or liquid
droplets)), (when determining which persons are reasonably likely to be
exposed as required for Sec. 721.63(a)(1) and (4), engineering control
measures (e.g. enclosure or confinement of 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), (b) (concentration set at 1.0%), and (c).
(A) As an alternative to the respirator requirements in paragraph
(a)(2)(i) of this section, a manufacturer or processor may choose to
follow the new chemical exposure limit (NCEL) provision listed in the
TSCA section 5(e) Order for this substance. The NCEL is 0.04 mg/m\3\ as
an 8-hour time weighted average. Persons who wish to pursue NCELs as an
alternative to Sec. 721.63 respirator requirements may request to do
so under Sec. 721.30. Persons whose Sec. 721.30 requests to use the
NCELs approach are approved by EPA will be required to follow NCELs
provisions comparable to those contained in the corresponding TSCA
section 5(e) Order.
(B) [Reserved]
(ii) Hazard communication. Requirements as specified in Sec.
721.72(a) through (e)(concentration set at 1.0%), (f), (g)(1)(iv),
(lung toxicity if inhaled), (eye irritation), (allergic skin reaction),
(g)(2)(i) through (iii) and (v)(use respiratory protection or maintain
workplace airborne concentrations at or below an 8-hour time-weighted
average of 0.04 mg/m\3\), (g)(4)(i), and (g)(5). Alternative hazard and
warning statements that meet the criteria of the Globally Harmonized
System and OSHA Hazard Communication Standard may be used.
(iii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(e), (f), (k), and (q).
(iv) Disposal. It is a significant new use to dispose of the
chemical substance other than by recycling as described in the Order.
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (j) are applicable to manufacturers and processors
of this substance.
(2) Limitations or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
(3) Determining whether a specific use is subject to this section.
The provisions of Sec. 721.1725(b)(1) apply to paragraph (a)(2)(iii)
and (iv) of this section.
Sec. 721.11127 Modified alkyl polyamine (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
modified alkyl polyamine (PMN P-16-576) 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)(2)(i) and (iii), (a)(3), (a)(6)(particulate
(including solids or liquid droplets)), (vapor), (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), (b) (concentration set at 1.0%), and (c).
(ii) Hazard communication. Requirements as specified in Sec.
721.72(a) through (e) (concentration set at 1.0%), (f), (g)(1)(i),
(ii), (vi), and (viii), (g)(2)(i) through (iii) and (v), (g)(3)(i) and
(ii), and (g)(5). Alternative hazard and warning statements that meet
the criteria of the Globally Harmonized System and OSHA Hazard
Communication Standard may be used.
(iii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(k). It is a significant new use to
manufacture the chemical substance more than 9 months.
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (i), are applicable to manufacturers and processors
of this substance.
(2) Limitations or revocation of certain notification requirements.
The
[[Page 55065]]
provisions of Sec. 721.185 apply to this section.
(3) Determining whether a specific use is subject to this section.
The provisions of Sec. 721.1725(b)(1) apply to paragraph (a)(2)(iii)
of this section.
Sec. 721.11128 Alkyl polyamine (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as alkyl
polyamine (PMN P-16-577) 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)(2)(i)(iii), (a)(3), (a)(6)(v) (particulate (including
solids or liquid droplets)), (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), (b)
(concentration set at 1.0%), and (c).
(ii) Hazard communication. Requirements as specified in Sec.
721.72(a) through (e) (concentration set at 1.0%), (f), (g)(1)(i),
(ii), (vi), and (viii), (g)(2)(i) through (iii) and (v), (g)(3)(i) and
(ii), and (g)(5). Alternative hazard and warning statements that meet
the criteria of the Globally Harmonized System and OSHA Hazard
Communication Standard may be used.
(iii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(k). It is a significant new use to
manufacture the chemical substance more than nine months.
(iv) Release to water. Requirements as specified in Sec.
721.90(a)(4), (b)(4), and (c)(4) where N = 2.
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (i) and (k) are applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
(3) Determining whether a specific use is subject to this section.
The provisions of Sec. 721.1725(b)(1) apply to paragraph (a)(2)(iii)
of this section.
Sec. 721.11129 Silica gel, reaction products with chromium oxide
(CrO3) and ethoxydiethyl aluminum.
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified as silica gel,
reaction products with chromium oxide (CrO3) and ethoxydiethyl aluminum
is (PMN P-16-590, CAS No. 932384-12-8) is subject to reporting under
this section for the significant new uses described in paragraph (a)(2)
of this section.
(2) The significant new uses are:
(i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1) and (a)(3) through (5)(respirators must provide a National
Institute for Occupational Safety and Health assigned protection factor
of 10 to 1,000 depending on the results of the exposure monitoring as
described in the Order for P16-590 and required by this section
(a)(2)(i), (a)(6)(particulate (including solids or liquid droplets)),
(a)(6)(vapor), (when determining which persons are reasonably likely to
be exposed as required for Sec. 721.63(a)(1) and (4) engineering
control measures (e.g. enclosure or confinement of 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), (b) (concentration set at 0.1%),
and (c). It is a significant new use to not conduct the exposure
monitoring required in the Order for P-16-590 when workers are
reasonably likely to be exposed by inhalation.
(ii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80. It is a significant new use to
manufacture, process, or use the chemical substance other than in a
system where the chemical substance is handled in an inert atmosphere
and is not designed to be exposed to air.
(iii) Disposal. It is a significant new use to dispose of all waste
streams containing the PMN substance and the constituent breakdown
products of the PMN substance other than in a Resource Conservation and
Recovery Act (RCRA) hazardous waste landfill.
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (e), (i), and (j) are applicable to manufacturers
and processors of this substance.
(2) Limitations or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
Sec. 721.11130 Carboxylic acids, C6-18 and C5-15-di-, polymers with
diethylene glycol, glycerol, sorbitol and terephthalic acid.
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified as carboxylic acids,
C6-18 and C5-15-di-, polymers with diethylene glycol, glycerol,
sorbitol and terephthalic acid (PMN P-16-593, CAS No. 1967778-37-5) is
subject to reporting under this section for the significant new uses
described in paragraph (a)(2) of this section. The requirements of this
section do not apply to quantities of the substance after they have
been reacted (cured).
(2) The significant new uses are:
(i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1), (a)(2)(i) and (iii), (a)(3) (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 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), (b) (concentration set at 1.0%), and (c).
(ii) Hazard communication. Requirements as specified in Sec.
721.72(a) through (e) (concentration set at 1.0%), (f), (g)(1)(ii),
(irritation), (g)(2)(i) through (iii) and (v), and (g)(5). Alternative
hazard and warning statements that meet the criteria of the Globally
Harmonized System and OSHA Hazard Communication Standard may be used.
(iii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(k) (aromatic polyester polyol for rigid
foam). It is a significant new use to manufacture, process, or use the
chemical substance to result in inhalation exposure to a vapor, mist or
aerosol.
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph.
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (i) are applicable to manufacturers and processors
of this substance.
(2) Limitations or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
Sec. 721.11131 1-Tetradecene, homopolymer, hydrogenated.
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified as 1-tetradecene,
homopolymer,
[[Page 55066]]
hydrogenated (PMN P-17-5, CAS No. 1857296-89-9) 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) Hazard communication. Requirements as specified in Sec.
721.72(a) through (e) (concentration set at 1.0%), (f), (g)(1)(ii),
(g)(2)(ii), and (g)(5). Alternative hazard and warning statements that
meet the criteria of the Globally Harmonized System and OSHA Hazard
Communication Standard may be used.
(ii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(k) (base fluid/carrier fluid for additives
in motor oil, automatic transmission fluid, and industrial lubricants).
It is a significant new use to manufacture the chemical substance more
than 9 months. It is a significant new use to manufacture, process, or
use the chemical substance to results in inhalation exposure to a
vapor, mist or aerosol.
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (c), and (f) through (i) are applicable to
manufacturers and processors of this substance.
(2) Limitations or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
Sec. 721.11132 Fluorocyanophenyl alkylbenzoate (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substances identified generically as
fluorocyanophenyl alkylbenzoate (PMNs P-17-149, P-17-150, P-17-151, and
P-17-165) are subject to reporting under this section for the
significant new uses described in paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1), (a)(2)(i), (iii) and (iv), (a)(3), (a)(6)(v),
(particulate (including solids or liquid droplets)), (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 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), (b) (concentration set at 1.0%), and (c).
(ii) Hazard communication. Requirements as specified in Sec.
721.72(a) through (e) (concentration set at 1.0%), (f), (g)(1)(i),
(ii), (iii), (iv), (vi) and (ix), (g)(2)(i), (ii), (iii) and (v),
(g)(3)(i) and (ii), and (g)(5). Alternative hazard and warning
statements that meet the criteria of the Globally Harmonized System and
OSHA Hazard Communication Standard may be used.
(iii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(k) and (q). It is a significant new use to
manufacture, process, or use the chemical substance to result in
inhalation exposures to vapor, dust, mist, or aerosols to the
substance.
(iv) Release to water. Requirements as specified in Sec.
721.90(a)(4), (b)(4), (c)(4) where N = 2 for P-17-165 and N = 4 for P-
17-149, P-17-150, and P-17-151.
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (i) and (k) are applicable to manufacturers and
processors of these substances.
(2) Limitations or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
(3) Determining whether a specific use is subject to this section.
The provisions of Sec. 721.1725(b)(1) apply to paragraph (a)(2)(iii)
of this section.
Sec. 721.11133 Fluorinated acrylic copolymer (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
fluorinated acrylic copolymer (PMN P-17-175) is subject to reporting
under this section for the significant new uses described in paragraph
(a)(2) of this section. The requirements of this section do not apply
to quantities of the substance after they have been reacted (cured).
(2) The significant new uses are:
(i) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(f) and (t) (60 kilograms). It is a
significant new use to use the substance other than as a leveling agent
for coatings applied to aluminum printing plates.
(ii) [Reserved]
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (c) and (i) are applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this significant new use rule.
Sec. 721.11134 Oxyalkylene urethane polyolefin (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
oxyalkylene urethane polyolefin (PMN P-17-199) is subject to reporting
under this section for the significant new uses described in paragraph
(a)(2) of this section.
(2) The significant new uses are:
(i) Industrial, commercial, and consumer activities. It is a
significant new use to manufacture the chemical substance with an
average molecular weight greater than specified in the Order or with
more than 1.0% of the molecular weight content below 1,000 Daltons.
(ii) [Reserved]
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph.
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (c), and (i) are applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
(3) Determining whether a specific use is subject to this section.
The provisions of Sec. 721.1725(b)(1) apply to paragraph (a)(2)(i) of
this section.
Sec. 721.11135 Imino alkane amine phosphate (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substances identified generically as imino
alkane amine phosphate (PMN P-17-206, chemical A and P-17-206, chemical
B) are subject to reporting under this section for the significant new
uses described in paragraph (a)(2) of this section. The requirements of
this section do not apply to quantities of the substances after they
have been reacted (cured).
(2) The significant new uses are:
(i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1), (a)(2)(i) and (iii), (a)(3), (a)(6)(v) (particulate
(including solids or liquid droplets)), (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
[[Page 55067]]
of 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), (b)
(concentration set at 1.0%), and (c).
(ii) Hazard communication. Requirements as specified in Sec.
721.72(a) through (e) (concentration set at 1.0%), (f), (g)(1)(i),
(g)(2)(i) and (v), (g)(3)(i) and (ii), (g)(4)(iii), and (g)(5),
Alternative hazard and warning statements that meet the criteria of the
Globally Harmonized System and OSHA Hazard Communication Standard may
be used.
(iii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(f) and (k). It is a significant new use to
modify processing or use if it results in inhalation exposure to vapor,
dust, mist, or aerosols to the substances.
(iv) Disposal. Requirements as specified in Sec. 721.85(a)(1),
(b)(1), and (c)(1).
(v) Release to water. Requirements as specified in Sec.
721.90(a)(1), (b)(1), and (c)(1).
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (k) are applicable to manufacturers and processors
of these substances.
(2) Limitations or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
(3) Determining whether a specific use is subject to this section.
The provisions of Sec. 721.1725(b)(1) apply to paragraph (a)(2)(iii)
of this section.
Sec. 721.11136 Fatty acids, tall-oil, reaction products with 2-[(2-
aminoalkyl)amino]alkanol, compds. with alkylene oxide-glycidyl o-tolyl
ether polymer dihydrogen phosphate alkyl ether (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as fatty
acids, tall-oil, reaction products with 2-[(2-aminoalkyl)amino]alkanol,
compds. with alkylene oxide-glycidyl o-tolyl ether polymer dihydrogen
phosphate alkyl ether (PMN P-17-223) is subject to reporting under this
section for the significant new uses described in paragraph (a)(2) of
this section. The requirements of this section do not apply to
quantities of the substance after they have been reacted (cured).
(2) The significant new uses are:
(i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1), (a)(2)(i), (a)(3), (a)(6)(v), (particulate (including
solids or liquid droplets)), (when determining which persons are
reasonably likely to be exposed as required for Sec. 721.63(a)(1) and,
engineering control measures (e.g. enclosure or confinement of
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), (b)
(concentration set at 1.0%), and (c).
(ii) Hazard communication. Requirements as specified in Sec.
721.72(a) through (e) (concentration set at 1.0%), (f), (g)(1)(i) and
(ii), (g)(2)(i), (ii) and (v), (g)(3)(i) and (ii), and (g)(5),
Alternative hazard and warning statements that meet the criteria of the
Globally Harmonized System and OSHA Hazard Communication Standard may
be used.
(iii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(f), (k), and (q). It is a significant new
use to modify any processing if such modification would result in
inhalation exposures to the chemical substance by vapor, dust, mist, or
aerosol, at a concentration of greater than 1.0% by weight or volume.
It is a significant new use to use the chemical substance in the
confidential formulation identified in the Order at concentration
greater than 1.0% by weight or volume. It is a significant new use to
manufacture, process, or use the substance for consumer use or for
commercial uses that could introduce the substance into a consumer
setting.
(iv) Release to water. Requirements as specified in Sec.
721.90(a)(4), (b)(4), (c)(4) where N = 15.
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (i) and (k) are applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
(3) Determining whether a specific use is subject to this section.
The provisions of Sec. 721.1725(b)(1) apply to paragraph (a)(2)(iii)
of this section.
Sec. 721.11137 Oxirane, 2-alkyl-, polymer with oxirane, mono[N-[3-
(carboxyamino)-4(or 6)-alkylphenyl]carbamate], alkyl ether, ester with
2,2',2''-nitrilotris-[alkanol] (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
oxirane, 2-alkyl-, polymer with oxirane, mono[N-[3-(carboxyamino)-4(or
6)-alkylphenyl]carbamate], alkyl ether, ester with 2,2',2''-
nitrilotris-[alkanol] (PMN P-17-230) is subject to reporting under this
section for the significant new uses described in paragraph (a)(2) of
this section. The requirements of this section do not apply to
quantities of the substance after they have been reacted (cured).
(2) The significant new uses are:
(i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1), (a)(2)(i) and (iii), (a)(3), (a)(6)(v) (particulate
(including solids or liquid droplets)), (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
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), (b)
(concentration set at 1.0%), and (c).
(ii) Hazard communication. Requirements as specified in Sec.
721.72(a) through (e) (concentration set at 1.0%), (f), (g)(1)(i),
(ii), (eye irritation), (g)(2)(i), (ii), and (v), (g)(3)(i) and (ii),
and (g)(5). Alternative hazard and warning statements that meet the
criteria of the Globally Harmonized System and OSHA Hazard
Communication Standard may be used.
(iii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(f), (k), and (q). It is a significant new
use to modify processing methods if such modification would result in
inhalation exposures to the chemical substance by vapor, dust, mist, or
aerosol, at a concentration of greater than 1.0% by weight or volume.
It is a significant new use to use the chemical substance in the
confidential formulation at a concentration greater than 1.0% by weight
or volume. It is a significant new use to manufacture, process, or use
the substance for consumer use or for commercial uses that could
introduce the substance into a consumer setting.
(iv) Release to water. Requirements as specified in Sec.
721.90(a)(4), (b)(4), and (c)(4) where N = 65.
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (i) and (k) are
[[Page 55068]]
applicable to manufacturers and processors of this substance.
(2) Limitations or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
(3) Determining whether a specific use is subject to this section.
The provisions of Sec. 721.1725(b)(1) apply to paragraph (a)(2)(iii)
of this section.
Sec. 721.11138 Formaldehyde, polymer with (chloromethyl)oxirane and
substituted aromatic compounds (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
formaldehyde, polymer with (chloromethyl)oxirane and substituted
aromatic compounds (PMN P-17-236) is subject to reporting under this
section for the significant new uses described in paragraph (a)(2) of
this section. The requirements of this section do not apply to the
chemical substance after it has been incorporated into the confidential
forms identified in the Order.
(2) The significant new uses are:
(i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1), (a)(2)(i), (iii), and (iv), (a)(3), (a)(6) (particulate
(including solids or liquid droplets)), (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
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), (b)
(concentration set at 1.0%), and (c).
(ii) Hazard communication. Requirements as specified in Sec.
721.72(a) through (e) (concentration set at 1.0%), (f), (g)(1)(ii),
(vi), (vii), and (ix), (skin sensitization), (g)(2)(i) through (iii)
and (v), and (g)(5). Alternative hazard and warning statements that
meet the criteria of the Globally Harmonized System and OSHA Hazard
Communication Standard may be used.
(iii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(f), (k), and (q). It is a significant new
use to modify manufacture, processing, or use if it results in
inhalation exposure to vapor, dust, mist, or aerosols to the substance.
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (i) are applicable to manufacturers and processors
of this substance.
(2) Limitations or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
(3) Determining whether a specific use is subject to this section.
The provisions of Sec. 721.1725(b)(1) apply to paragraphs (a)(1) and
(a)(2)(iii) of this section.
Sec. 721.11139 Acid, reaction products with cadmium selenide (CdSe),
trioctylphosphine and trioctylphosphine oxide (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as acid,
reaction products with cadmium selenide (CdSe), trioctylphosphine and
trioctylphosphine oxide (PMN P-17-241) 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)(2)(i), and (a)(3), (a)(6)(particulate (including
solids or liquid droplets)), (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), and (c).
(ii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(g) and (y)(1). It is a significant new use
to manufacture, process, or use the substance other than in a liquid
formulation.
(iii) Disposal. It is a significant new use to dispose of the
substance and any waste stream containing the substance other than in a
permitted hazardous waste incinerator.
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (e), (i), and (j) are applicable to manufacturers
and processors of this substance.
(2) Limitations or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
Sec. 721.11140 Acid, reaction products with cadmium selenide sulfide,
acid, trioctylphosphine and trioctylphosphine oxide (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as acid,
reaction products with cadmium selenide sulfide, acid,
trioctylphosphine and trioctylphosphine oxide (PMN P-17-242) 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)(2)(i), (a)(3), (a)(6)(particulate (including solids
or liquid droplets)), (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), and (c).
(ii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(g) and (y)(1). It is a significant new use
to manufacture, process, or use the substance other than in a liquid
formulation.
(iii) Disposal. It is a significant new use to dispose of the
substance and any waste stream containing the substance other than in a
permitted hazardous waste incinerator.
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (e), (i), and (j) are applicable to manufacturers
and processors of this substance.
(2) Limitations or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
Sec. 721.11141 Acid, reaction products with cadmium zinc selenide
sulfide, trioctylphosphine and trioctylphosphine oxide (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as acid,
reaction products with cadmium zinc selenide sulfide, trioctylphosphine
and trioctylphosphine oxide (PMN P-17-243) is subject to reporting
under this section for the significant new uses
[[Page 55069]]
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)(2)(i), (a)(3), (a)(6)(particulate (including solids
or liquid droplets)), (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), and (c).
(ii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(g) and (y)(1). It is a significant new use
to manufacture, process, or use the substance other than in a liquid
formulation.
(iii) Disposal. It is a significant new use to dispose of the
substance and any waste stream containing the substance other than in a
permitted hazardous waste incinerator.
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (e), (i), and (j) are applicable to manufacturers
and processors of this substance.
(2) Limitations or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
Sec. 721.11142 Metal oxide reaction products with cadmium metal
selenide sulfide, and amine (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as metal
oxide reaction products with cadmium metal selenide sulfide, and amine
(PMN P-17-244) 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)(2)(i), (a)(3) through (5)(respirators must provide a
National Institute for Occupational Safety and Health assigned
protection factor (APF) of at least 50), (a)(6) (particulate (including
solids or liquid droplets)), (when determining which persons are
reasonably likely to be exposed as required for Sec. 721.63(a)(1) and
(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), and (c). It is a
significant new use to handle the solid form of the substance without
use of a fume hood or glove box.
(ii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(k) (down converting phosphor particle for
use in conjunction with optoelectronic components), (q), and (y)(1) and
(2).
(iii) Disposal. It is a significant new use to dispose of the
substance and any waste stream containing the substance other than in a
permitted hazardous waste incinerator.
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (e), (i), and (j) are applicable to manufacturers
and processors of this substance.
(2) Limitations or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
(3) Determining whether a specific use us subject to this section.
The provisions of Sec. 721.1725(b)(1) apply to paragraph (a)(2)(ii) of
this section.
Sec. 721.11143 Alkanoic acid, alkyl-, substituted alkyl ester,
polymer with alkyl alkenoate, substituted carbomonocycle, substituted
alkyl alkenoate and alkyl substituted alkenoate, substituted
alkanenitrile-initiated, polymers with substituted alkanenitrile-
initiated, alkanoic acid-alkane substituted acrylates-substituted
carbomonocycle polymer, compds. with alkylamino alkanol (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
alkanoic acid, alkyl-, substituted alkyl ester, polymer with alkyl
alkenoate, substituted carbomonocycle, substituted alkyl alkenoate and
alkyl substituted alkenoate, substituted alkanenitrile-initiated,
polymers with substituted alkanenitrile-initiated, alkanoic acid-alkane
substituted acrylates-substituted carbomonocycle polymer, compds. with
alkylamino alkanol (PMN P-17-265) is subject to reporting under this
section for the significant new uses described in paragraph (a)(2) of
this section. The requirements of this section do not apply to
quantities of the substance after they have been completely reacted
(cured).
(2) The significant new uses are:
(i) Industrial, commercial, and consumer activities. It is a
significant new use to manufacture the chemical substance with an acid
concentration greater than 20%. It is a significant new use to
manufacture the chemical substance with an amine concentration greater
than 5%.
(ii) [Reserved]
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a), (b), (c), and (i) are applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
Sec. 721.11144 Manganese bipyridine carboxylate complex (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
manganese bipyridine carboxylate complex (PMN P-17-301) is subject to
reporting under this section for the significant new uses described in
paragraph (a)(2) of this section. The requirements of this Order do not
apply to quantities of the chemical substance after they have been
entrained in cured coating or ink.
(2) The significant new uses are:
(i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1), (a)(3) through (5)(respirators must provide a National
Institute for Occupational Safety and Health (NIOSH) assigned
protection factor (APF) of at least 10), (a)(6)(particulate (including
solids or liquid droplets)), (when determining which persons are
reasonably likely to be exposed as required for Sec. 721.63(a)(1) and
(a)(4), engineering control measures (e.g., enclosure or confinement of
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), (b)
(concentration set at 1.0%), and (c).
(ii) Hazard communication. Requirements as specified in Sec.
721.72(a) through (e) (concentration set at 1.0%), (f), (g)(1)(i),
(ii), (iii), and (ix) (eye irritation), (g)(2)(ii), (iii), and (iv),
(avoid skin and eye contact), (use skin and eye protection), and
(g)(5). Alternative hazard and warning statements that meet the
criteria of the Globally Harmonized System and OSHA Hazard
Communication Standard may be used.
[[Page 55070]]
(iii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(k) (surface drier in clear and pigmented
coatings systems) and (p) (430,000 kilograms).
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (i) are applicable to manufacturers and processors
of this substance.
(2) Limitations or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
Sec. 721.11145 Sulfuric acid mixed salt (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
sulfuric acid mixed salt (PMN P-17-318) 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)(2)(i), (a)(3), (a)(6)(v), (particulate (including
solids or liquid droplets)), (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
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), (b)
(concentration set at 1.0%), and (c).
(ii) Hazard communication. Requirements as specified in Sec.
721.72(a) through (e) (concentration set at 1.0%), (f), (g)(1)(i),
(irritation to eye, respiratory, and GI tract), (corrosion), (acute
toxicity), (g)(2)(i) and (iii), and (g)(5). Alternative hazard and
warning statements that meet the criteria of the Globally Harmonized
System and OSHA Hazard Communication Standard may be used.
(iii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(k) and (q). It is a significant new use to
manufacture of the chemical substance with more than 1.0% free ammonia
content.
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (i) are applicable to manufacturers and processors
of this substance.
(2) Limitations or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
(3) Determining whether a specific use is subject to this section.
The provisions of Sec. 721.1725(b)(1) apply to paragraph (a)(2)(iii)
of this section.
Sec. 721.11146 2-Propenoic acid, alkyl-2-(alkylalkyl)alkyl ester
(generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as 2-
propenoic acid, alkyl-2-(alkylalkyl)alkyl ester (PMN P-17-323) is
subject to reporting under this section for the significant new uses
described in paragraph (a)(2) of this section. The requirements of this
section do not apply to quantities of the substance after they have
been reacted (cured).
(2) The significant new uses are:
(i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1), (a)(2)(i), (iii) and (iv), (a)(3), (a)(6)(v),
(particulate (including solids or liquid droplets)), (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 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), (b) (concentration set at 1.0%), and (c).
(ii) Hazard communication. Requirements as specified in Sec.
721.72(a) through (e) (concentration set at 1.0%), (f), (g)(1)(iv),
(ix), (skin and eye irritation), (oncogenicity), (sensitization),
(g)(2)(i), (iii) and (v), (use eye protection), (g)(4)(iii), and
(g)(5). Alternative hazard and warning statements that meet the
criteria of the Globally Harmonized System and OSHA Hazard
Communication Standard may be used.
(iii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(f), (k)(reactive monomer for use in
producing polymers), and (q).
(iv) Release to water. Release to water requirements as specified
in Sec. 721.90(a)(1), (b)(1), and (c)(1).
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (i) and (k) are applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
(3) Determining whether a specific use is subject to this section.
The provisions of Sec. 721.1725(b)(1) apply to paragraph (a)(2)(iii)
of this section.
Sec. 721.11147 Allyloxymethylacrylate (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
allyloxymethylacrylate (PMN P-17-326) is subject to reporting under
this section for the significant new uses as described in paragraph
(a)(2) of this section. The requirements of this section do not apply
to quantities of the substance after they have been completely reacted
(cured).
(2) The significant new uses are:
(i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1), (a)(2)(i), (iii), and (iv), (a)(3) through
(5)(respirators must provide a National Institute for Occupational
Safety and Health assigned protection factor of at least 10),
(a)(6)(v), (particulate (including solids or liquid droplets)), (when
determining which persons are reasonably likely to be exposed as
required for Sec. 721.63(a)(1) and (4), engineering control measures
(e.g., enclosure or confinement of the operation, general and local
ventilation) or administrative control measure (e.g., workplace
policies and procedures) shall be considered and implemented to prevent
exposure, where feasible), (b) (concentration set at 1.0%), and (c).
(ii) Hazard communication. Requirements as specified in Sec.
721.72(a) through (e) (concentration set at 1.0%), (f), (g)(1)(i),
(iv), (vi), and (ix), (sensitization), (g)(2)(i) through (v), (g)(3)(i)
and (ii), (g)(4)(iii), and (g)(5). Alternative hazard and warning
statements that meet the criteria of the Globally Harmonized System and
OSHA Hazard Communication Standard may be used.
(iii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(f), (k), and (q).
(iv) Release to water. Requirements as specified in Sec.
721.90(a)(1), (b)(1), and (c)(1).
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Requirements as specified in Sec. 721.125(a)
through (i) and (k) are applicable to manufacturers and processors of
this substance.
[[Page 55071]]
(2) Limitations or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
(3) Determining whether a specific use is subject to this section.
The provisions of Sec. 721.1725(b)(1) apply to paragraph (a)(2)(iii)
of this section.
Sec. 721.11148 Polyurethane, methacrylate blocked (generic).
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
polyurethane, methacrylate blocked (PMN P-17-345) is subject to
reporting under this section for the significant new uses described in
paragraph (a)(2) of this section. The requirements of this section do
not apply to quantities of the substance after they have been
completely reacted (cured).
(2) The significant new uses are:
(i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1), (a)(2)(i) and (iii), (a)(3), (a)(6)(v), (particulate
(including solids or liquid droplets)), (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
measure (e.g., workplace policies and procedures) shall be considered
and implemented to prevent exposure, where feasible), (b)
(concentration set at 1.0%), and (c).
(ii) Hazard communication. Requirements as specified in Sec.
721.72(a) through (e) (concentration set at 1.0%), (f),
(g)(1)(irritation to skin, eyes, lungs, and mucous membranes),
(g)(2)(i), (ii), (iii), and (v), and (g)(5). Alternative hazard and
warning statements that meet the criteria of the Globally Harmonized
System and OSHA Hazard Communication Standard may be used.
(iii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(k). It is a significant new use to
manufacture the chemical substance more than 6 months. It is a
significant new use to modify manufacture, processing, or use if it
results in inhalation exposure to vapor, dust, mist, or aerosols to the
substance.
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except ss modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (i) are applicable to manufacturers and processors
of this substance.
(2) Limitations or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
(3) Determining whether a specific use is subject to this section.
The provisions of Sec. 721.1725(b)(1) apply to paragraph (a)(2)(iii)
of this section.
[FR Doc. 2019-22205 Filed 10-11-19; 8:45 am]
BILLING CODE 6560-50-P