[Federal Register Volume 85, Number 37 (Tuesday, February 25, 2020)]
[Rules and Regulations]
[Pages 10615-10617]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02906]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 721
[EPA-HQ-OPPT-2018-0627 and EPA-HQ-OPPT-2018-0697; FRL-10003-45]
RIN 2070-AB27
Significant New Use Rules on Certain Chemical Substances (18-1
and 18-4); Technical Correction
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; technical correction.
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SUMMARY: EPA issued final significant new use rules (SNURs) in the
Federal Register of November 25, 2019 for 22 chemical substances that
were the subject of premanufacture notices (PMNs) (SNUR batch 18-1),
and in in the Federal Register of December 5, 2019 for 29 chemical
substances that were the subject of PMNs (SNUR batch 18-4). In SNUR
batch 18-1, for the chemical substance that was the subject of PMN P-
15-114, EPA made errors in the SNUR requirements for hazard
[[Page 10616]]
communication and protection in the workplace, resulting in
inconsistencies with the same requirements in the associated TSCA
Order. For SNUR batch 18-4, for one of the two chemical substances that
are subject to the SNUR, EPA made a typographical error when
identifying the associated PMN number in the SNUR. Additionally, for
two other SNURs, language in the SNURs incorrectly refers to
requirements in ``the TSCA Order'' rather than in the SNUR itself. This
document is being issued to correct these errors.
DATES: This technical correction is effective on February 25, 2020.
ADDRESSES: The dockets for this action, identified by docket
identification (ID) numbers EPA-HQ-OPPT-2018-0627 and EPA-HQ-OPPT-2018-
0697, are 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 dockets 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 (referred to as SNUR Batch 18-1) in the
Federal Register of November 25, 2019 (84 FR 64754) (FRL-10001-30) for
significant new uses for 22 chemical substances that were the subject
of PMNs. EPA also issued a final rule (SNUR Batch 18-4) in the Federal
Register of December 5, 2019 (84 FR 66599) (FRL-10002-30) for
significant new uses for 29 chemical substances that were the subject
of PMNs. In SNUR Batch 18-1, EPA made errors when specifying worker
protection and hazard communication requirements for the chemical
substance 2-butanone 1,1,1,3,4,4,4-heptafluoro-3-(trifluoromethyl)-
(PMN P-15-114, CAS No. 756-12-7), listed in the significant new use
rule (SNUR) codified at 40 CFR 721.11151, resulting in inconsistencies
between the SNUR and the associated TSCA 5(e) Order for the PMN. This
action corrects these errors as follows:
The worker protection requirements in paragraph (a)(2)(i)
of the SNUR are corrected to refer to 40 CFR 721.63(a)(1) and (3)
rather than 721.63(a)(1) through (3), thereby removing the reference to
40 CFR 721.63(a)(2).
The hazard communication requirements in paragraph
(a)(2)(ii) of the SNUR are corrected to change the reference to 40 CFR
721.72(g)(3) from ``(g)(3)(ii)(harmful to fish)'' to ``(g)(3)(harmful
to aquatic organisms)(harmful to fish).''
In SNUR Batch 18-4, EPA made a typographical error in the SNUR at
40 CFR 721.11236 when identifying the PMN number associated with the
chemical B component of P-17-373. It was mislabeled as P-13-373. EPA
also made errors in paragraph (a)(1) of the SNURs at 40 CFR 721.11236
and 721.11237 when describing an exemption from SNUR terms after the
chemicals are completely reacted (cured). Language in paragraph (a)(1)
of the SNURs incorrectly refers to requirements of ``the TSCA Order''
rather than the SNUR itself. This action corrects these errors as
follows:
Paragraph (a)(1) of the SNUR at 40 CFR 721.11236 is
corrected to identify the PMN number for chemical B as P-17-373.
The final sentence of paragraph (a)(1) for the SNURs at 40
CFR 721.11236 and 721.11237 is corrected to refer to ``The requirements
of this section'' rather than ``The requirements of the TSCA Order.''
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 worker protection and hazard communication requirements
specified in the November 25, 2019 SNUR is necessary for (1) the proper
identification of the human health and environmental hazards associated
with PMN substance; and (2) the proper identification of protective
measures required to be employed in the workplace, consistent with the
associated TSCA section 5(e) Order for the PMN 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 November 25, 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 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: January 30, 2020.
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. 721.11151, revise paragraphs (a)(2)(i) and (ii) to read as
follows:
Sec. 721.11151 2-Butanone 1,1,1,3,4,4,4-heptafluoro-3-
(trifluoromethyl)-.
(a) * * *
(2) * * *
(i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1) and (3) (when determining which persons are reasonable
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
[[Page 10617]]
exposures, where feasible), (b) (concentration set at 1.0%), and (c).
(ii) Hazard communication. Requirements as specified in Sec.
721.72(a) through (d), (f), (g)(1)(i), (g)(2)(i)(v), (g)(3) (harmful to
aquatic organisms) (harmful to fish), (g)(4)(iii), and (g)(5). It is a
significant new use unless containers of the PMN substance are labeled
with the statement: ``Contains a dielectric fluid which should not be
mixed or used in conjunction with sulfur hexafluoride (SF6)''.
Alternative hazard and warning statements that meet the criteria of the
Globally Harmonized System and OSHA Hazard Communication Standard may
be used.
* * * * *
0
3. In Sec. 721.11236, revise paragraph (a)(1) to read as follows:
Sec. 721.11236 Heteromonocycle, homopolymer, alkyl substituted
carbamate, alkyl ester (generic).
(a) * * *
(1) The chemical substances identified generically as
heteromonocycle, homopolymer, alkyl substituted carbamate, alkyl ester
(PMN P-17-373 chemical A and P-17-373 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 substance after they have been
completely reacted (cured).
* * * * *
0
4. In Sec. 721.11237, revise paragraph (a)(1) to read as follows:
Sec. 721.11237 Polysiloxanes, di alkyl, substituted alkyl group
terminated, alkoxylated, reaction products with alkanoic acid,
isocyanate substituted-alkyl carbomonocycle and polyol (generic).
(a) * * * (1) The chemical substance identified generically as
polysiloxanes, di alkyl, substituted alkyl group terminated,
alkoxylated, reaction products with alkanoic acid, isocyanate
substituted alkyl carbomonocycle and polyol (PMN P-17-374) 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 PMN substance after they have been
completely reacted (cured).
* * * * *
[FR Doc. 2020-02906 Filed 2-24-20; 8:45 am]
BILLING CODE 6560-50-P