[Federal Register Volume 84, Number 223 (Tuesday, November 19, 2019)]
[Rules and Regulations]
[Pages 63808-63809]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24945]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 721

[EPA-HQ-OPPT-2017-0464; FRL-10001-43]
RIN 2070-AB27


Significant New Use Rules on Certain Chemical Substances (17-3); 
Technical Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; technical correction.

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SUMMARY: EPA issued a final rule in the Federal Register of September 
18, 2019 for 19 chemical substances that were the subject of 
premanufacture notices (PMNs). For the chemical substance that was the 
subject of PMN P-17-170, EPA made several errors when including hazard 
communication requirements. Certain references are inconsistent with 
the hazards identified for this chemical substance by EPA. This 
document is being issued to correct these errors.

DATES: This technical correction is effective on November 19, 2019.

ADDRESSES: The docket for this action, identified by docket 
identification (ID) number EPA-HQ-OPPT-2017-0464, is available at 
http://www.regulations.gov or at the Office of Pollution Prevention and 
Toxics Docket (OPPT Docket), Environmental Protection Agency Docket 
Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 1301 
Constitution Ave. NW, Washington, DC. The Public Reading Room is open 
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal 
holidays. The telephone number for the Public Reading Room is (202) 
566-1744, and the telephone number for the OPPT Docket is (202) 566-
0280. Please review the visitor instructions and additional information 
about the docket available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: 
    For technical information contact: Kenneth Moss, Chemical Control 
Division, 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. What does this technical correction do?

    EPA issued a final rule in the Federal Register of September 18, 
2019 (84 FR 49025) (FRL-9998-12) for significant new uses for 19 
chemical substances that were the subject of PMN notices. EPA made 
several errors when specifying hazard communication requirements for 
the chemical substance listed in the significant new use rule (SNUR) 
codified in 40 CFR 721.11107 (PMN P-17-170). This action corrects these 
errors as follows:
     In 40 CFR 721.11107--Alkanediol, 2,2-bis (substituted 
alkyl)-polymer with substituted alkane, heteromonocycles, alkenoate 
(generic); the hazard communication requirements in paragraph 
(a)(2)(ii) of the SNUR will be corrected to remove the reference to 40 
CFR 721.72(g)(1)(v) and instead reference 40 CFR 721.72(g)(1)(iv). It 
will also be corrected to remove the reference to 40 CFR 721.72(g)(4).

II. Why is this correction issued as a final rule?

    Section 553 of the Administrative Procedure Act (APA) (5 U.S.C. 
553(b)(3)(B)) provides that, when an Agency for good cause finds that 
notice and public procedure are impracticable, unnecessary or contrary 
to the public interest, the Agency may issue a final rule without 
providing notice and an opportunity for public comment. EPA has 
determined that there is good cause for making this technical 
correction final without prior proposal and opportunity for comment. 
Correcting the hazard communication requirements specified in the 
September 18, 2019 SNUR is necessary for the proper identification of 
the human health and environmental hazards associated with PMN 
substance P-17-170 consistent with the associated TSCA section 5(e) 
Order for the substance. EPA finds that this constitutes good cause 
under 5 U.S.C. 553(b)(3)(B).

III. Do any of the statutory and Executive Order reviews apply to this 
action?

    No. For a detailed discussion concerning the statutory and 
Executive Order review, refer to Unit XII. of the September 18, 2019 
final rule.

IV. 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

[[Page 63809]]

States prior to publication of the rule in the Federal Register. This 
action is not a ``major rule'' as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 721

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

    Dated: November 5, 2019.
Tala Henry,
Deputy Director, Office of Pollution Prevention and Toxics.

    Therefore, 40 CFR part 721 is corrected as follows:

PART 721--[AMENDED]

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

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


0
2. In Sec.  721.11107, revise paragraph (a)(2)(ii) to read as follows:


Sec.  721.11107   Alkanediol, 2,2-bis (substituted alkyl)-polymer with 
substituted alkane, heteromonocycles, alkenoate (generic).

    (a) * * *
    (2) * * *
    (ii) Hazard communication. Requirements as specified in Sec.  
721.72(a) through (e) (concentration set 0.1 percent), (f), (g)(1)(i), 
(ii), (iv), (vii), (ix), (respiratory sensitization), (g)(2)(i), (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.
* * * * *
[FR Doc. 2019-24945 Filed 11-18-19; 8:45 am]
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