[Federal Register Volume 88, Number 119 (Thursday, June 22, 2023)]
[Proposed Rules]
[Pages 40728-40741]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13250]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 721

[EPA-HQ-OPPT-2023-0012; FRL-9430-01-OCSPP]
RIN 2070-AL07


Flame Retardants; Significant New Uses Rules for Certain Non-
Ongoing Uses

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: Under the Toxic Substances Control Act (TSCA), EPA is 
proposing significant new use rules (SNURs) for three flame retardants, 
tris(2-chloroethyl) phosphate (TCEP), 4,4'-(1-methylethylidene)bis[2, 
6-dibromophenol], also known as ``tetrabromobisphenol A,'' (TBBPA), and 
triphenyl phosphate (TPP), which are all undergoing TSCA risk 
evaluations. The proposed significant new uses are manufacture 
(including import) or processing for any use, with the exception that 
the conditions of use the Agency expects to consider within the scope 
of the TSCA section 6 risk evaluations are not proposed as significant 
new uses. Persons subject to the SNUR would be required to notify EPA 
at least 90 days before commencing any manufacturing (including import) 
or processing of the chemical substance for a significant new use. Once 
EPA receives a notification, EPA must review and make an affirmative 
determination on the notification, and take such action as is required 
by any such determination before the manufacture (including import) or 
processing for the significant new use can commence.

DATES: Comments must be received on or before August 7, 2023.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPPT-2023-0012, using the Federal eRulemaking Portal 
at https://www.regulations.gov. Follow the online instructions for 
submitting comments. Do not submit electronically any information you 
consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Additional 
instructions on commenting or visiting the docket, along with more 
information about dockets generally, is available at https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: 
    For technical information contact: Thomas Groeneveld, Office of 
Pollution Prevention and Toxics (7404M), Environmental Protection 
Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-0001; telephone 
number: (202) 566-1188; 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. Executive Summary

A. 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 those listed in TSCA section 5(a)(2) (see 
Unit II.A.). Once EPA determines that a use of a chemical substance is 
a significant new use, TSCA section 5(a)(1) requires persons to submit 
a significant new use notice (SNUN) to EPA at least 90 days before they 
manufacture (including import) or process the chemical substance for 
that use (15 U.S.C. 2604(a)(1)(B)(i)). TSCA further provides that such 
manufacturing (including import) or processing may not commence until 
EPA has conducted a review of the notice, made an appropriate 
determination on the notice, and taken such actions as are required in 
association with that determination (15 U.S.C. 2604(a)(1)(B)(ii)). EPA 
has long interpreted the statutory term ``significant new use'' to 
include the resumption of a use that had ceased prior to promulgation 
of the proposed SNUR, for example see, April 25, 2019 (84 FR 17345) 
(FRL-9991-33)); March 8, 2016 (81 FR 20535 (FRL-9943-83)); December 29, 
2014 (79 FR 77891 (FRL-9915-60)) and October 22, 2013 (78 FR 62443 
(FRL-9397-1)), and EPA will not determine that a use is a ``significant 
new use'' if information reasonably available to the Agency, including 
that received during the period for public comment, establishes that 
the use is ongoing at the time the proposed rule is published in the 
Federal Register.

B. What action is the Agency taking?

    EPA is proposing SNURs for the following three flame retardants 
undergoing TSCA section 6 risk evaluations:
     Tris(2-chloroethyl) phosphate (TCEP), CASRN 115-96-8 (Ref. 
1);
     4,4'-(1-methylethylidene)bis[2, 6-dibromophenol], also 
known as ``tetrabromobisphenol A,'' (TBBPA), CASRN 79-94-7 (Ref. 2); 
and
     Triphenyl phosphate (TPP), CASRN 115-86-6 (Ref. 3).
    The proposed significant new uses are manufacture (including 
import) or processing for any use, with the exception that the 
conditions of use that EPA expects to consider within the scope of the 
TSCA section 6 risk evaluations are not proposed as significant new 
uses (Refs. 1, 2, and 3). The conditions of use that EPA identified for 
the TSCA section 6 risk evaluations include all manufacture, 
processing, and use the Agency believes to be ongoing, as well as 
legacy uses and associated disposal, in the United States based on 
reasonably available information. The proposed significant new uses 
include manufacture and processing for uses that have ceased; 
manufacture and processing for uses that have not yet ceased but for 
which all manufacture and processing has ceased; and manufacture and 
processing for uses for which EPA has no information demonstrating that 
the use has previously commenced in the United States. EPA will 
consider any information received during the period for public comment 
suggesting that particular uses had commenced in the United States and 
not ceased prior to

[[Page 40729]]

publication date of this notice of proposed rulemaking.
    EPA is not proposing to make inapplicable the general exemptions 
from SNUR notice requirements that are described in 40 CFR 721.45. 
These include, for example, exemptions from notification requirements 
for persons manufacturing or processing the chemical substance only as 
an impurity or certain byproduct, and persons importing or processing 
the chemical substance as part of an article. (See also the request for 
comment in Unit II.D.).
    EPA is requesting public comment on all aspects of this proposal 
and specifically on the Agency's description of the significant new 
uses for the chemicals identified, including specific documentation of 
ongoing uses not identified by the Agency, if any (see details 
discussed in Unit III.). Please note that the Agency has listed the 
exempted conditions of use from the significant new use proposed 
designation as these conditions of use appear in the risk evaluation 
scope documents, including both manufacturing and processing for 
specific uses and the uses themselves in the same list of exceptions. 
EPA is interested in comments on how these conditions of use are 
presented as exemptions from the significant new use.

C. Why is the Agency taking this action?

    The Agency is proposing these SNURs to ensure that EPA receives 
timely advanced notice of any future manufacturing (including 
importing) or processing of the chemical substances subject to these 
proposed SNURs for uses identified as significant new uses that may 
produce changes in human and environmental exposures, and to ensure 
that an appropriate determination (relevant to the risks associated 
with such manufacturing (including importing), processing, distribution 
in commerce, use and disposal) has been issued prior to the 
commencement of such manufacturing (including importing) or processing. 
The proposed SNURs are necessary to ensure that manufacturing 
(including import) or processing for significant new uses cannot 
proceed until EPA has responded to the planned new use circumstances by 
taking the required actions under TSCA sections 5(e) or 5(f) in the 
event that EPA determines under section 5(a)(3) that: (1) The 
significant new use presents an unreasonable risk under the conditions 
of use (without consideration of costs or other nonrisk factors, and 
including an unreasonable risk to a potentially exposed or susceptible 
subpopulation (PESS) identified as relevant by EPA); (2) The 
information available to EPA is insufficient to permit a reasoned 
evaluation of the health and environmental effects of the significant 
new use; (3) In the absence of sufficient information, the 
manufacturing (including importing), processing, distribution in 
commerce, use, or disposal of the substance, or any combination of such 
activities, may present an unreasonable risk (without consideration of 
costs or other nonrisk factors, and including an unreasonable risk to a 
PESS identified as relevant by EPA); or (4) There is substantial 
production and sufficient potential for environmental release or human 
exposure (as defined in TSCA section 5(a)(3)(B)(ii)(II)). In order for 
manufacturing (including importing) or processing for the significant 
new use to proceed after EPA has made one of these four determinations, 
EPA must take actions under TSCA sections 5(e) or 5(f) to protect 
health and the environment. However, EPA may also determine that the 
significant new use is not likely to present an unreasonable risk under 
TSCA section 5(a)(3)(C), after which manufacturing (including 
importing) or processing for the significant new use may proceed.
    EPA is separately conducting risk evaluations for the chemical 
substances subject to this proposed rule under their respective 
conditions of use, pursuant to TSCA section 6(b)(4)(A) (15 U.S.C. 
2605(b)(4)(A)). The term ``conditions of use'' is defined in TSCA 
section 3(4) to mean the circumstances, as determined by the 
Administrator, under which a chemical substance is intended, known, or 
reasonably foreseen to be manufactured, processed, distributed in 
commerce, used, or disposed of. Through scoping and subsequent 
information gathering activity for the risk evaluations, EPA identified 
conditions of use to consider in the TSCA section 6 risk evaluations 
for these chemical substances. The conditions of use identified by EPA 
for the TSCA section 6 risk evaluations are listed for each chemical 
substance in Unit III.D. These conditions of use include (but are not 
limited to) all manufacture, processing, and use that the information 
available to the Agency demonstrates to be ongoing in the United 
States. EPA is not proposing to designate these conditions of use as 
significant new uses.
    Additionally, as part of the information gathering activity 
associated with the risk evaluations for these chemical substances, EPA 
identified certain prior uses that have ceased, as well as industrial, 
commercial, or consumer conditions of use that are ongoing but for 
which manufacturing (including import) and processing have ceased. EPA 
is proposing to determine that manufacture and processing for these two 
categories of uses are no longer ongoing. These uses are also listed 
for each chemical substance in Unit III.D. Manufacture (including 
import) and processing of these chemical substances for these uses, as 
well as for any other potential use of these chemical substances not 
identified as a condition of use for the TSCA section 6 risk 
evaluations, are within the scope of this proposed SNUR.
    The rationale and objectives for this proposed SNUR are further 
explained in Unit II.B.

D. Does this action apply to me?

    1. General applicability.
    You may be potentially affected by this action if you manufacture 
(including import), process, or distribute in commerce chemical 
substances and mixtures. 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.
     Textile manufacturing (NAICS code 313).
     Fabric coating mills (NAICS code 313320).
     All other leather good and allied product manufacturing 
(NAICS code 316998).
     All other miscellaneous wood product manufacturing (NAICS 
code 321999).
     Paper bag and coated treated paper manufacturing (NAICS 
code 322220).
     Coated and laminated paper manufacturing (NAICS code 
322222).
     All other converted paper product manufacturing (NAICS 
code 322299).
     Other basic inorganic chemical manufacturing (NAICS code 
325180).
     Alkalies and chlorine manufacturing (NAICS code 325181).
     All other basic inorganic chemical manufacturing (NAICS 
code 325188).
     All other basic organic chemical manufacturing (NAICS code 
325199).
     Plastics material and resin manufacturing (NAICS code 
325211).
     Artificial and synthetic fibers and filaments 
manufacturing (NAICS code 325220).

[[Page 40730]]

     Noncellulosic organic fiber manufacturing (NAICS code 
325222).
     Paint and coating manufacturing (NAICS code 325510).
     Adhesive manufacturing (NAICS code 325520).
     Custom compounding of purchased resins (NAICS code 
325991).
     Photographic film, paper, plate, and chemical 
manufacturing (NAICS code 325992).
     All other miscellaneous chemical product and preparation 
manufacturing (NAICS code 325998).
     Plastics and rubber products manufacturing (NAICS code 
326).
     Unlaminated plastics film and sheet (except packaging) 
manufacturing (NAICS code 326113).
     Laminated plastics plate, sheet (except packaging), and 
shape manufacturing (NAICS code 326130).
     Polystyrene foam product manufacturing (NAICS code 
326140).
     Urethane and other foam product (except polystyrene) 
manufacturing ((NAICS code 326150).
     All other plastics product manufacturing (NAICS code 
326199).
     Other concrete product manufacturing (NAICS code 327390).
     Other industrial machinery manufacturing (NAICS code 
333249).
     Computer and electronic product manufacturing (NAICS code 
334).
     Bare printed circuit board manufacturing (NAICS code 
334412).
     Semiconductor and related device manufacturing (NAICS code 
334413).
     Electronic connector manufacturing (NAICS code 334417).
     Other electronic component manufacturing (NAICS code 
334419).
     Current-carrying wiring device manufacturing (NAICS code 
335931).
     Carbon and graphite product manufacturing (NAICS code 
335991).
     Automobile manufacturing (NAICS code 336111).
     Other motor vehicle parts manufacturing (NAICS code 
336390).
     All other motor vehicle parts manufacturing (NAICS code 
336399).
     Aerospace product and parts manufacturing (NAICS code 
336400).
     Aircraft manufacturing (NAICS code 336411).
     Other aircraft parts and auxiliary equipment manufacturing 
(NAICS code 336413).
     Furniture and related product manufacturing (NAICS code 
337).
     Gasket, packing, and sealing device manufacturing (NAICS 
code 339991).
     Other chemical and allied products merchant wholesalers 
(NAICS code 424690).
     All other pipeline transportation (NAICS code 486990).
     Testing laboratories and services (NAICS code 541380).
     Hazardous waste treatment and disposal (NAICS code 
562211).
     Solid waste landfill (NAICS code 562212).
     Other nonhazardous waste treatment and disposal (NAICS 
code 562219).
     Materials recovery facilities (NAICS code 562920).
     All other miscellaneous waste management services (NAICS 
code 562998).
     National security (NAICS code 928110).
    2. Applicability to importers and exporters.
    This action may also affect certain entities through pre-existing 
import, including import certification, and export notification rules 
under TSCA. Chemical importers are subject to the import provision of 
TSCA section 13 (15 U.S.C. 2612), which requires that the Secretary of 
the Treasury ``refuse entry into the customs territory of the United 
States'' of any substance, mixture, or article containing a chemical 
substance or mixture that fails to comply with any rule issued under 
TSCA or that ``is offered for entry in violation'' of TSCA or certain 
rules or orders issued under TSCA, including rules issued under TSCA 
section 5. Persons who import any chemical substance in bulk form, as 
part of a mixture, or as part of an article (if required by rule) are 
also subject to TSCA section 13 import certification requirements and 
the corresponding regulations promulgated at 19 CFR 12.118 through 
12.127 (see also 19 CFR 127.28). Chemical importers of the chemical 
substances in bulk form, as part of a mixture, or as part of an article 
(if required by rule) must certify that the shipment of the chemical 
substance complies with all applicable rules and orders under TSCA, 
including regulations issued under TSCA sections 5, 6, 7 and Title IV. 
The EPA policy in support of import certification appears at 40 CFR 
part 707, subpart B.
    In addition, pursuant to 40 CFR 721.20, any persons who export or 
intend to export a chemical substance that is the subject of this 
proposed rule on or after July 24, 2023 are subject to the export 
notification provisions of TSCA section 12(b) (15 U.S.C. 2611(b)) and 
must comply with the export notification requirements in 40 CFR part 
707, subpart D.

E. What are the estimated incremental impacts of this action?

    EPA has evaluated the potential costs of establishing SNUR 
reporting requirements for potential manufacturers (including 
importers) and processors of the chemical substances included in this 
proposed rule. This analysis (Ref. 4), which is available in the 
docket, is briefly summarized here.
    1. Estimated costs for SNUN submissions.
    In the event that a SNUN is submitted, costs are an estimated 
$26,894 per SNUN submission for large business submitters and $11,204 
for small business submitters. These estimates include the cost to 
prepare and submit the SNUN (including registration for EPA's Central 
Data Exchange (CDX)), and the payment of a user fee. Businesses that 
submit a SNUN would be subject to either a $19,020 user fee required by 
40 CFR 700.45(c)(2)(ii) and (d), or, if they are a small business as 
defined at 13 CFR 121.201, a reduced user fee of $3,300 (40 CFR 
700.45(c)(1)(ii) and (d)) per fiscal year 2022. The costs of submission 
of SNUNs will not be incurred by any company unless a company decides 
to pursue a significant new use as defined in this proposed SNUR. 
Additionally, these estimates reflect the costs and fees as they are 
known at the time this rulemaking.
    2. Estimated costs for export notifications.
    EPA has also evaluated the potential costs associated with the 
export notification requirements under TSCA section 12(b) and the 
implementing regulations at 40 CFR part 707, subpart D, which require 
exporters to notify EPA if they export or intend to export a chemical 
substance or mixture for which, among other things, a rule has been 
proposed or promulgated under TSCA section 5. For persons exporting a 
substance that is the subject of a SNUR, a one-time notice to EPA must 
be provided for the first export or intended export to a particular 
country. The total costs of export notification will vary by chemical, 
depending on the number of required notifications (i.e., the number of 
countries to which the chemical is exported). While EPA is unable to 
make any estimate of the likely number of export notifications for the 
chemical substances covered by the proposed SNURs, as stated in the 
accompanying economic analysis, the estimated cost of the export 
notification requirement on a per unit basis is approximately $66.

F. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through 
https://www.regulations.gov or email. If you wish to include CBI in 
your comment, please follow the instructions at https://

[[Page 40731]]

www.epa.gov/dockets and clearly mark the part or all the information 
that you claim to be CBI. In addition to one complete version of the 
comment that includes information claimed as CBI, a copy of the comment 
that does not contain the information claimed as CBI must be submitted 
for inclusion in the public docket. Information so marked will not be 
disclosed except in accordance with procedures set forth in 40 CFR part 
2.
    2. Tips for preparing your comments. When preparing and submitting 
your comments, see the commenting tips at https://www.epa.gov/dockets/commenting-epa-dockets. EPA welcomes comment on all aspects of this 
proposed rule. In providing comments on an identified condition of use 
or a use that EPA proposes to determine is a significant new use for 
the chemical substances subject to this rule, please provide sufficient 
information for EPA to substantiate any assertions of an ongoing use 
for the specific chemical substance(s). EPA has identified in this 
notice the conditions of use that it plans to consider in the TSCA 
section 6 risk evaluation. It also has sought to identify uses that the 
information available to EPA demonstrates have been discontinued in the 
United States in Unit III. These lists are intended to provide examples 
and may not be exhaustive. Please note requests for comment related to 
specific aspects of this proposed rule in sections that follow (see 
Units III.B. (impurities and byproducts) and IV. (regulatory 
alternatives considered)).

II. Background

A. Significant New Use Determination

    1. Determination factors.
    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 addition to the factors enumerated in TSCA section 5(a)(2), the 
statute authorizes EPA to consider any other relevant factors.
    2. Scientific standards, evidence, and available information.
    EPA has used reasonably available information, as well as technical 
procedures, measures, methods, protocols, methodologies, and models 
consistent with the best available science, as applicable. These 
information sources supply information relevant to whether a particular 
use would be a significant new use, based on relevant factors including 
those listed under TSCA section 5(a)(2).
    The clarity and completeness of the data, assumptions, methods, 
quality assurance, and analyses employed in EPA's decision are 
documented, as applicable and to the extent necessary for purposes of 
this proposed significant new use rule, in Units III.D. and V. and in 
the references cited throughout the preamble of this proposed rule. The 
extent to which the various information, procedures, measures, methods, 
protocols, methodologies or models used in EPA's decision have been 
subject to independent verification or peer review is adequate to 
justify their use, collectively, in the record for a significant new 
use rule.
    3. Determination for these chemical substances.
    To determine what would constitute a significant new use of TCEP, 
TBBPA and TPP, EPA considered relevant information about the toxicity 
or expected toxicity of these substances, likely human exposures and 
environmental releases associated with possible uses, and the four 
factors listed in TSCA section 5(a)(2). If any entity were to commence 
a new use, including to resume a use of TCEP, TBBPA, and TPP that had 
been phased out, that use could both change the type and form and 
increase the magnitude and duration of human and environmental exposure 
to the substances, and thus EPA believes such uses should be identified 
as significant new uses. Based on consideration of the statutory 
factors discussed herein, EPA is proposing to determine that the 
following uses constitute significant new uses: manufacturing 
(including importing) or processing of TCEP, TBBPA, and TPP for any 
use, with the exception that the conditions of use the Agency expects 
to consider within the scope of the TSCA section 6 risk evaluations are 
not proposed as significant new uses, as discussed in Unit III.D.

B. Rationale and Objectives of This Proposed Rule

    1. Rationale.
    Under TSCA, no person may manufacture a new chemical substance or 
manufacture or process a chemical substance for a significant new use 
until EPA makes a determination as described in TSCA section 5(a) and 
takes any required action. The issuance of a SNUR is not a risk 
determination itself, only a notification requirement for ``significant 
new uses,'' so that the Agency has the opportunity to review the SNUN 
for the significant new use and make a TSCA section 5(a)(3) risk 
determination.
    Consistent with EPA's past practice for issuing SNURs under TSCA 
section 5(a)(2), EPA's decision to propose a SNUR for a particular 
chemical use need not be based on an extensive evaluation of the 
hazard, exposure, or potential risk associated with that use. If a 
person decides to begin manufacturing (including importing) or 
processing any of these chemicals for the use, the submission of the 
SNUN to EPA allows the Agency to evaluate the conditions of use.
    EPA has identified the potential for adverse environmental and 
health effects from the conditions of use of TCEP, TBBPA, and TPP based 
on data and information sources already described in the proposed 
designation of TCEP, TBBPA, and TPP as high priority substances for 
TSCA section 6 risk evaluation and the final scopes of the risk 
evaluations for TCEP, TBBPA, and TPP (Refs. 1, 2, and 3). EPA will 
evaluate risk under TSCA section 6 from the conditions of use of TCEP, 
TBBPA, and TPP.
    As discussed in this unit and Unit III.D., based on an extensive 
review of reasonably available information, EPA is proposing to 
determine that significant new uses of TCEP, TBBPA, and TPP are 
manufacture (including import) or processing for any use, with the 
exception that the conditions of use the Agency expects to consider 
within the scope of the TSCA section 6 risk evaluations are not 
proposed as significant new uses. The conditions of use that EPA 
identified for the TSCA section 6 risk evaluations include all 
manufacture, processing, and use that the information available to the 
Agency demonstrates to be ongoing in the United States. The proposed 
significant new uses include manufacture and processing for uses that 
have ceased; manufacture and processing for uses that have not yet 
ceased but for which all manufacture and processing has ceased; and 
manufacture and processing for uses for which EPA has no information 
demonstrating that the use has previously commenced in the United 
States. Among other things, EPA has identified certain uses of TCEP, 
TBBPA, and TPP that have ceased as well as industrial, commercial, or 
consumer conditions of use that are

[[Page 40732]]

ongoing but for which manufacturing (including import) or processing 
have ceased. In the absence of a SNUR, the manufacturing (including 
importing) or processing of TCEP, TBBPA, and TPP for the significant 
new uses proposed in this rule could begin at any time, without prior 
notice to EPA under section 5 and without providing EPA an opportunity 
to review and address potential risks associated with the new use. EPA 
is concerned that commencement of manufacturing (including importing) 
or processing TCEP, TBBPA, and TPP for the proposed significant new 
uses, could significantly increase the volume of manufacturing 
(including importing) and processing of these chemicals, as well as the 
magnitude and duration of exposure to humans and the environment over 
that which would otherwise exist currently, particularly to the 
potentially exposed or susceptible subpopulations identified by EPA in 
the final scopes for risk evaluation or during risk evaluation. Given 
the concerns associated with the conditions of use as described in Unit 
III.D., EPA believes that notification and EPA's required review are 
warranted for these chemicals prior to the commencement of a 
significant new use.
    2. Objectives.
    Based on the considerations discussed in Unit III.D., EPA wants to 
achieve the following objectives with regard to the significant new 
use(s) designated in this proposed rule:
     EPA would receive notice of any person's intent to 
manufacture (including import) or process the chemical substances for 
the described significant new use before that activity begins.
     EPA would have an opportunity to review and evaluate data 
submitted in a SNUN before the notice submitter begins manufacturing 
(including importing) or processing the chemical substances for the 
described significant new use.
     EPA would be able to either determine that the significant 
new use is not likely to present an unreasonable risk of injury, or to 
take such regulatory action as is associated with any other 
determination under TSCA section 5, before the manufacture or 
processing for the significant new use could commence.

C. Applicability of General Provisions to These Proposed SNURs

    General provisions for SNURs appear in 40 CFR part 721, subpart A. 
These provisions describe persons subject to SNURs, recordkeeping 
requirements, and exemptions to reporting requirements, among other 
things.
    Provisions relating to user fees appear at 40 CFR part 700. 
Pursuant to 40 CFR 721.1(c), persons subject to SNURs must comply with 
the same requirements and EPA regulatory procedures as submitters of 
Premanufacture Notices (PMNs) under TSCA section 5(a)(1)(A). In 
particular, 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 
significant new use is not likely to present an unreasonable risk of 
injury or take such regulatory action as is associated with an 
alternative determination under TSCA section 5 before the manufacture 
(including import) or processing for the significant new use can 
commence. If EPA determines that the significant new use of the 
chemical substance 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 finding.

D. Applicability of General Exemptions to These Proposed SNURs

    The general exemptions from SNUR notice requirements that are 
described in 40 CFR 721.45 apply to these proposed SNURs.
    EPA is requesting public comment on the alternative of making 
inapplicable the article exemption at 40 CFR 721.45(f). Under this 
alternative, the import and processing of articles containing TCEP, 
TBBPA, and TPP would not be exempt from significant new use 
notification requirements. As EPA collects and reviews information 
about the importing or processing of TCEP, TBBPA, and TPP as part of 
articles and the potential exposure to these chemical substances 
through articles, EPA may consider whether to make inapplicable the 
articles exemption at 40 CFR 721.45(f).
    EPA also seeks comment on the potential impact of making 
inapplicable the articles exemption on firms that plan to import or 
process articles containing TCEP, TBBPA, and TPP, because, while not 
required by the proposed SNUR, these parties may take additional steps 
to determine whether TCEP, TBBPA, and TPP are part of the articles that 
they are considering for importing or processing.

E. Applicability of the Proposed SNURs to Uses Occurring Before the 
Effective Date of the Final Rule

    Any use that EPA determines, in the final rule, was ongoing as of 
the date of publication of this proposal and did not cease prior to 
issuance of the final rule, will not be designated as a significant new 
use in the final rule.
    As discussed in the Federal Register of April 24, 1990 (55 FR 17376 
(FRL-3658-5)), EPA has decided that the intent of the TSCA section 
5(a)(1)(B) is best served by designating a use as a significant new use 
as of the date of publication of the proposed rule rather than as of 
the effective date of the final rule. The objective of EPA's approach 
is to ensure that a person cannot defeat a SNUR by initiating a 
significant new use after publication of the proposed rule but before 
the effective date of the final rule. Uses arising after the 
publication of the proposed rule are distinguished from uses that are 
identified in the final rule as having been ongoing on the date of 
publication of the proposed rule. The former would be new uses, the 
latter ongoing uses, except that uses that are identified as ongoing as 
of the publication of the proposed rule would not be considered ongoing 
uses if they have ceased by the date of issuance of a final rule.
    Any person who begins commercial manufacturing (including 
importing) or processing of the chemical substances for a use that is 
designated as a significant new use in the final rule would have to 
cease any such activity upon the effective date of the final rule. To 
resume their activities, these persons would have to first comply with 
all applicable SNUR notification requirements and wait until all TSCA 
prerequisites for the commencement of manufacture or processing have 
been satisfied.

F. Important Information About SNUN Submissions

    1. SNUN submissions.
    According to 40 CFR 721.1(c), persons submitting a SNUN must comply 
with the same notice requirements and EPA regulatory procedures as 
persons submitting a PMN, including submission of test data on health 
and environmental effects as described in 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 721.25 and 40 CFR 720.40. E-PMN software is available 
electronically at https://www.epa.gov/chemicals-under-tsca.
    EPA recommends that SNUN submitters consult with the Agency if,

[[Page 40733]]

for instance, the chemical substance is also subject to a rule, order, 
or consent agreement under TSCA section 4. Prior to submitting a SNUN, 
submitters should consider what information may be useful in evaluating 
a SNUN. Discussions with the Agency prior to submission can afford 
ample time to conduct any tests that might be helpful in evaluating 
risks posed by the substance.
    2. Development and submission of information with the SNUN.
    EPA recognizes that TSCA section 5 does not usually require 
developing new information (e.g., generating test data) before 
submission of a SNUN. There is an exception: If a person is otherwise 
required to submit information for a chemical substance subject to the 
SNUR pursuant to a rule, TSCA Order or consent agreement under TSCA 
section 4, then TSCA section 5(b)(1)(A) requires such information to be 
submitted to EPA at the time of submission of the SNUN.
    In the absence of a TSCA section 4 test rule, order, or consent 
agreement covering the chemical substance, persons are required to 
submit only information in their possession or control and to describe 
any other information known to or reasonably ascertainable by them (15 
U.S.C. 2604(d); 40 CFR 721.25, and 40 CFR 720.50). However, as a 
general matter, EPA recommends that SNUN submitters include information 
that would permit a reasoned evaluation of risks posed by the chemical 
substance during its manufacture (including import), processing, 
distribution in commerce, use, or disposal. EPA encourages persons to 
consult with the Agency before submitting a SNUN. As part of this 
optional pre-notice consultation, EPA would discuss specific 
information it believes may be useful in evaluating a significant new 
use.
    Submitting a SNUN that does not include information sufficient to 
permit a reasoned evaluation may increase the likelihood that EPA will 
either respond with a determination that the information available to 
the Agency is insufficient to permit a reasoned evaluation of the 
health and environmental effects of the significant new use or, 
alternatively, that in the absence of sufficient information, the 
manufacture, processing, distribution in commerce, use, or disposal of 
the chemical substance may present an unreasonable risk of injury.
    EPA strongly encourages persons, before performing any testing, to 
consult with the Agency pertaining to protocol selection. Furthermore, 
pursuant to TSCA section 4(h), which pertains to reduction of testing 
in 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). For more 
information on alternative test methods and strategies to reduce 
vertebrate animal testing, visit https://www.epa.gov/assessing-and-managing-chemicals-under-tsca/alternative-test-methods-and-strategies-reduce.
    The potentially useful information listed in Unit III. 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 sections 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 be aware that EPA will be better able to 
evaluate SNUNs which provide detailed information on the following:
     Human exposure and environmental release that may result 
from the significant new use of the chemical substance.
     Information on risks posed by the chemical substances 
compared to risks posed by potential substitutes.

III. Chemical Substances Subject to This Proposed Rule

    The proposed SNURs would apply to manufacturing (including import) 
or processing for certain uses of TCEP, TBBPA, and TPP as described in 
this unit.

A. What is the designated cutoff date for determining whether the use 
is new or ongoing for these chemical substances?

    As explained in Unit II.D. EPA proposes to base its determination 
on whether a use is an ongoing use, as opposed to a new use, on 
information available to the agency (including information received 
during the public comment period) on whether the use was ongoing as of 
June 22, 2023. This is referred to as the cutoff date for determining 
whether a use is ongoing.

B. Do the proposed SNURs apply to impurities or byproducts?

    In accordance with the impurity exemption at 40 CFR 721.45(d), the 
proposed SNURs would not apply to persons who manufacture (including 
import) or process TCEP, TBBPA, or TPP only as an impurity. EPA is not 
proposing to lift the impurities exemption for these SNURs. EPA is 
requesting public comment on any ongoing manufacturing (including 
import) or processing of TCEP, TBBPA, or TPP as an impurity.
    There is no broad exemption for byproducts in EPA's general SNUR 
regulations at 40 CFR 721.45. Rather, EPA has only exempted byproducts 
from SNUR notification requirements in the limited circumstances where 
the person manufactures (including imports) or processes the substance 
only as a byproduct which is used only by public or private 
organizations that (1) burn it as a fuel; (2) dispose of it as a waste, 
including in a landfill or for enriching soil; or (3) extract component 
chemical substances from it for commercial purposes. See 40 CFR 
721.45(e). Therefore, without a broader exemption in the proposed 
regulatory text of the SNURs, any other manufacturing (including 
importing) or processing of TCEP, TBBPA, or TPP as a byproduct that 
does not fall within a proposed exemption from the significant new use 
designations would be a significant new use subject to reporting 
requirements.
    EPA is aware of ongoing activities that produce TBBPA and TPP as 
byproducts and continues to research such occurrences. EPA is 
requesting public comment on any ongoing manufacturing (including 
import) or processing of TCEP, TBBPA, or TPP as a byproduct that may 
not fall within the scope of the byproduct exemption at 40 CFR 
721.45(e) and whether to include a broader exemption for manufacturing 
(including import) or processing as a byproduct in the final SNUR for 
these chemicals.

C. What information is provided for each chemical substance?

    1. Chemical specific information.
    For each chemical substance, EPA provides the following information 
in Unit III.D.:
     Chemical name and Chemical Abstracts Service Registry 
Number (CASRN);
     Uses EPA proposes to determine are significant new uses;
     Conditions of use and production volumes;
     Potential environmental and health effects; and
     Potential routes and sources of exposure.
    2. Background.
    a. Conditions of use and production volumes.

[[Page 40734]]

    In the draft scopes of the risk evaluations under TSCA section 6 
for these chemicals, EPA identified and described the categories and 
subcategories of conditions of use that EPA expects to consider in the 
TSCA risk evaluations based on information reported to EPA through the 
Chemical Data Reporting (CDR) and Toxics Release Inventory (TRI) 
reporting, published literature, public comments and consultation with 
stakeholders for both uses currently in production and uses for which 
production may have ceased. EPA revised the conditions of use in the 
final scope of each risk evaluation based on additional information and 
public comments (Refs. 1, 2, and 3). TCEP, TBBPA, and TPP have 
conditions of use based on research conducted by the Agency that 
identified circumstances under which these chemical substances are 
intended, known or reasonably foreseen to be manufactured, processed, 
distributed in commerce, used, or disposed of.
    In conducting additional research on the conditions of use 
described in this proposed rule, EPA assembled information from the CDR 
and TRI programs, including production volumes and uses of TCEP, TBBPA, 
and TPP. Using this information EPA identified and described the 
categories and subcategories of conditions of use for the following 
lifecycle stages: manufacturing (including import); processing; 
distribution in commerce; industrial, commercial and consumer use; and 
disposal. EPA also consulted a variety of other sources to identify 
uses of TCEP, TBBPA, and TPP, including published literature, company 
websites, government and commercial trade databases and publications. 
To identify formulated products, including articles, EPA searched for 
safety data sheets (SDS) using internet searches, EPA Chemical and 
Product Categories (CPCat) data, and other resources in which SDSs 
could be found. SDSs were cross-checked with company websites to ensure 
that each product's SDS was current. In addition, EPA considered 
communications with companies, industry groups and public comments to 
supplement EPA's understanding of the conditions of use information. 
Production volume is based on data reported to EPA during the 2020 CDR 
submission period for calendar years 2016-2019 and described here as a 
range to protect production volumes that were claimed as CBI.
    Finally, the Agency provides lists of identified conditions of use 
and uses proposed to be determined are significant new uses. In these 
lists, EPA specifies where such uses are among industrial, commercial, 
or consumer categories based on information in the final scopes for 
each chemical (Refs. 1, 2, and 3). In instances where such uses would 
include all three categories, EPA only lists the identified conditions 
of use and uses proposed to be determined as significant new uses.
    b. Potential effects and routes of exposure.
    As previously mentioned, certain phrasings of text and headings 
used in the proposed SNURs is identical to that used in the scope 
documents for each chemical. For example, comparable headings in the 
scope documents identify ``Hazards (Effects),'' ``Environmental 
Hazards,'' and ``Human Health Hazards.'' In this unit, the Agency is 
retaining traditional headings used in SNURs and will discuss such 
``effects'' and ``hazards'' using text transferred from the scope 
documents.

D. Which chemical substances are subject to this proposed rule?

    1. Tris(2-chloroethyl) phosphate (TCEP), CASRN 115-96-8.
    a. Uses EPA proposes to determine are significant new uses.
    EPA is proposing to designate as a significant new use manufacture 
(including import) or processing TCEP for any use, with the exception 
that the conditions of use the Agency expects to consider within the 
scope of the TSCA section 6 risk evaluation are not proposed as 
significant new uses. The conditions of use that EPA identified for the 
TSCA section 6 risk evaluation include all manufacture, processing, and 
use that the information available to the Agency demonstrates to be 
ongoing, as well as legacy uses and associated disposal, in the United 
States. At this time, EPA is aware that manufacture and processing for 
the following uses of TCEP have been discontinued and thus they are 
among the uses EPA proposes to determine are significant new uses:
     Domestic manufacturing for any use;
     Manufacturing (including import) for use in building and 
construction materials (insulation);
     Processing for use in building and construction materials 
(insulation);
     Manufacturing (including import) for use in wood and 
engineered wood products (wood resin composites);
     Processing for use in wood and engineered wood products 
(wood resin composites);
     Manufacturing (including import) for use in fabric and 
textile products;
     Processing for use in fabric and textile products;
     Manufacturing (including import) for use in foam seating 
and bedding products, except for foam used in aerospace equipment and 
products;
     Processing for use in foam seating and bedding products, 
except for foam used in aerospace equipment and products;
     Processing for incorporation into formulation, mixture, or 
reaction products, except for industrial and commercial use in polymers 
used in aerospace equipment and products; and
     Processing for incorporation into article, except for 
industrial or commercial use in articles used in aerospace equipment 
and products.
    b. Conditions of use and production volumes.
    EPA is proposing to determine that the conditions of use of TCEP 
that EPA expects to consider in the TSCA section 6 risk evaluation 
include (but are not limited to) all ongoing manufacture, processing, 
and use of TCEP. EPA is proposing that the conditions of use that EPA 
expects to consider in the risk evaluation would not be significant new 
uses, even if they are not necessarily ``ongoing'' but are intended, 
known, or reasonably foreseen.
    According to information reasonably available to the Agency, TCEP 
is imported into the United States and processed for commercial use in 
paints and coatings, which may be present in unoccupied spaces of 
consumer homes, and for industrial or commercial use in polymers for 
use in aerospace equipment and products (Ref. 1). In addition, TCEP is 
imported for commercial use as a laboratory chemical (Ref. 1). 
Historically, TCEP was incorporated into building and construction 
materials, such as roofing insulation and wood resin composites (Ref. 
1). Some of these products may still be present in consumers' homes and 
in commercial infrastructure and, therefore, are still listed among the 
commercial and consumer conditions of use EPA has identified for risk 
evaluation (Ref. 1). Data reported to EPA during the 2020 CDR 
submission period indicate there is no reported production volume of 
25,000 lbs. or more of TCEP domestically manufactured or imported into 
the United States. Because data reported to EPA during the 2016 CDR 
submission period indicated that TCEP was being imported, EPA concluded 
it is reasonably foreseen that TCEP continues to be imported below CDR 
production volume thresholds.
    EPA has identified conditions of use of TCEP that are undergoing 
TSCA section 6 risk evaluation and are described in this unit in the 
same format that appears in the final scope document (Ref. 1), with 
minor edits for readability, supported by Agency

[[Page 40735]]

research being conducted during TSCA risk evaluation of TCEP and for 
this SNUR. Please note that the following list contains conditions of 
use for all lifecycle stages of the chemical substance considered by 
TSCA section 6 risk evaluations. The proposed SNUR is directed at 
manufacture (including import) and processing for particular uses, but 
not other lifecycle stages such as distribution in commerce or 
disposal. The full list of conditions of use are included here to 
provide a comprehensive scope of conditions of use identified by the 
Agency. The conditions of use of TCEP that EPA has identified are:
     Import for commercial use as a laboratory chemical;
     Import for commercial use in paints and coatings;
     Import for industrial or commercial use in polymers used 
in aerospace equipment and products;
     Import for industrial or commercial use in articles used 
in aerospace equipment and products;
     Processing for commercial use in paints and coatings;
     Processing for industrial or commercial use in polymers 
used in aerospace equipment and products;
     Processing for industrial or commercial use in articles 
used in aerospace equipment and products;
     Recycling of articles;
     Distribution in commerce;
     Commercial use as a laboratory chemical;
     Industrial or commercial use in aerospace equipment and 
products;
     Commercial use in fabric and textile products;
     Consumer use in fabric and textile products;
     Commercial use in building and construction materials 
(insulation);
     Consumer use in building and construction materials 
(insulation);
     Commercial use in foam seating and bedding products;
     Consumer use in foam seating and bedding products;
     Commercial use in wood and engineered wood products (wood 
resin composites);
     Consumer use in wood and engineered wood products (wood 
resin composites);
     Commercial use in paints and coatings;
     Consumer use in paints and coatings; and
     Disposal.
    c. Potential environmental and health effects.
    During prioritization for TSCA section 6(b) risk evaluation, EPA 
identified environmental hazard effects for aquatic and terrestrial 
organisms, and also identified the following potential human health 
effects associated with TCEP: acute, repeated dose, genetic, 
reproductive, developmental, toxicokinetic, cancer, and neurological 
effects (Ref. 1). Since prioritization and as captured in the final 
scope, EPA applied automated techniques during the data screening phase 
of systematic review to identify the following additional potential 
human health hazards and related information that may be considered for 
the risk evaluation: cardiovascular, endocrine, gastrointestinal, 
hematological and immune, hepatic, mortality, musculoskeletal, 
nutritional and metabolic, ocular and sensory, renal, respiratory, skin 
and connective tissue, absorption, distribution, metabolism and 
excretion (ADME), and physiological based pharmacokinetic modeling and 
simulation (Ref. 1). Additional human health and environmental hazards 
may be considered during TSCA section 6(b) risk evaluation based on 
results from systematic review, as explained in Appendix A of the TCEP 
Final Scope (Ref. 1).
    d. Potential routes and sources of exposure.
    As previously mentioned, certain phrasings of text and headings in 
this unit are identical to that used in the scope documents for each 
chemical. In this unit, the Agency notes that certain discussions of 
environmental and general population exposures may list similar routes 
and sources of exposure; however, instead of modifying or synthesizing 
such discussions, the Agency is using text transferred from the scope 
documents. In addition, new or resumed uses would present potential 
routes and sources of exposure that could create concerns and, 
therefore, necessitate EPA review.
    i. Environmental exposures.
    The manufacturing (including import), processing, distribution, use 
and disposal of TCEP can result in releases to the environment and 
exposure to aquatic and terrestrial receptors (biota) via surface 
water, sediment, soil and ambient air. Environmental exposures to biota 
are informed by releases into the environment, overall persistence, 
degradation, bioaccumulation and partitioning across different media 
(Ref. 1). Concentrations of chemical substances in biota provide 
evidence of exposure (Ref. 1). TCEP has been identified in surface 
water, ground water and sediment, fish samples, seabird samples, and 
herring gull eggs (Ref. 1).
    ii. Occupational exposures.
    There is a potential for occupational exposure under various 
conditions of use of TCEP (Ref. 1). There is potential exposure from 
the processing of the chemical as it is incorporated into formulations 
and products and release from article components during their 
manufacture and industrial/commercial use, including handling and 
disposal of waste during manufacturing, processing (including 
recycling), and use (Ref. 1).
    iii. Consumer exposures.
    TCEP was previously incorporated into consumer products that may 
still be used, specifically fabric, textile, and leather products, and 
foam seating and bedding products, as well as building/construction 
materials including roofing insulation and wood and engineered wood 
products (Ref. 1). The main exposure routes for these uses where 
consumers interact with products and articles containing TCEP are 
dermal, inhalation, and dust ingestion, including children's mouthing 
of articles (e.g., plastics, textiles, wood products) containing TCEP 
(Ref. 1).
    iv. General population exposures.
    Releases of TCEP from certain conditions of use, such as import, 
processing or disposal activities, may result in general population 
exposures (Ref. 1).
    2. 4,4'-(1-methylethylidene)bis[2, 6-dibromophenol] (TBBPA), CASRN 
79-94-7.
    a. Uses EPA proposes to determine are significant new uses.
    EPA is proposing to designate as a significant new use manufacture 
(including import) or processing TBBPA for any use, with the exception 
that the conditions of use the Agency expects to consider within the 
scope of the TSCA section 6 risk evaluation are not proposed as 
significant new uses. The conditions of use that EPA identified for the 
TSCA section 6 risk evaluation include all manufacture, processing, and 
use that the information available to the Agency demonstrates to be 
ongoing in the United States. At this time, EPA is aware that 
manufacture and processing for the following uses of TBBPA have been 
discontinued and thus they are among the uses EPA proposes to determine 
are significant new uses:
     Manufacturing (including import) for use in batteries 
(e.g., adhesive in lead-acid battery casing and in lithium-ion 
batteries);
     Processing for use in batteries (e.g., adhesive in lead-
acid battery casing and in lithium-ion batteries);
     Manufacturing (including import) for use in fabric, 
leather, and textile

[[Page 40736]]

products (e.g., carpets, office furniture); and
     Processing for use in fabric, leather, and textile 
products (e.g., carpets, office furniture).
    b. Conditions of use and production volumes.
    EPA is proposing to determine that the conditions of use of TBBPA 
that EPA expects to consider in the TSCA section 6 risk evaluation 
include (but are not limited to) all ongoing manufacture, processing, 
and use of TBBPA. EPA is proposing that the conditions of use that EPA 
expects to consider in the risk evaluation would not be significant new 
uses, even if they are not necessarily ``ongoing'' but are intended, 
known, or reasonably foreseen.
    According to information reasonably available to the Agency, TBBPA 
is manufactured (including imported) in the United States (Ref. 2). The 
chemical is processed as a reactant or intermediate to create other 
flame retardants; incorporated into formulation, mixture or reaction 
products; and incorporated into articles (Ref. 2). Processing also 
includes the recycling of TBBPA and TBBPA-containing products (Ref. 2). 
The predominant uses for TBBPA are as a reactive flame retardant in 
electrical and electronic products (e.g., printed circuit boards and 
semiconductor packages) and as an additive flame retardant in 
electrical and electronic products (e.g., plastic enclosures) (Ref. 2). 
The epoxy resin containing TBBPA can also be used in adhesives, 
laminate for aviation and automobile interiors and building/
construction materials (Ref. 2). Data reported to EPA during the 2020 
CDR submission period indicate the reported production volume is 
between 20 million and 100 million pounds per year (Ref. 2).
    EPA has identified conditions of use of TBBPA (Ref. 2), which are 
undergoing TSCA section 6 risk evaluation and are described in this 
unit in the same format that appears in the final scope document, with 
minor edits for readability, supported by Agency research being 
conducted during TSCA risk evaluation of TBBPA and for this SNUR. 
Please note that the following list contains conditions of use for all 
lifecycle stages of the chemical substance considered by TSCA section 6 
risk evaluations. The proposed SNUR is directed at manufacture 
(including import) and processing for particular uses, but not other 
lifecycle stages such as distribution in commerce or disposal. The full 
list of conditions of use are included here to provide a comprehensive 
scope of conditions of use identified by the Agency. The conditions of 
use of TBBPA that EPA has identified are:
     Domestic manufacturing;
     Import;
     Processing for use in adhesive manufacturing;
     Processing for use in plastic material and resin 
manufacturing;
     Processing for use in chemical product and preparation 
manufacturing;
     Processing for use in electrical equipment, appliance and 
component manufacturing;
     Processing for use in plastics product manufacturing;
     Processing for use in computer and electronic product 
manufacturing;
     Processing for use in electrical and electronic products;
     Processing for use in printed circuit boards and 
semiconductor packages;
     Processing for use in interior material for transportation 
equipment;
     Processing for use in plastic electronic enclosures;
     Recycling of electronic products;
     Distribution in commerce;
     Industrial or commercial use in electrical and electronic 
products;
     Consumer use in electrical and electronic products;
     Industrial or commercial use in prepreg material for 
automotive and aviation interiors;
     Industrial or commercial use in building and construction 
materials;
     Industrial or commercial use in fabric, textile and 
leather products (e.g., carpets, office furniture);
     Consumer use in fabric, textile and leather products 
(e.g., carpets, office furniture);
     Industrial or commercial use as a laboratory chemical;
     Disposal.
    c. Potential environmental and health effects.
    During prioritization for TSCA section 6(b) risk evaluation, EPA 
identified environmental hazard effects from TBBPA for aquatic and 
terrestrial organisms, and also identified the following potential 
human health effects: immunological, neurological, carcinogenic, and 
developmental (Ref. 2). Since prioritization and as captured in the 
final scope, EPA applied automated techniques during the data screening 
phase of systematic review to identify the following additional 
potential human health hazards and related information that may be 
considered for the risk evaluation: cardiovascular, endocrine, 
gastrointestinal, hematological, hepatic, mortality, nutritional and 
metabolic ocular and sensory, renal, reproductive, respiratory, skin 
and connective tissue, and ADME (Ref. 2). Additional human health and 
environmental hazards may be considered during TSCA section 6(b) risk 
evaluation based on results from systematic review, as explained in 
Appendix A of the TBBPA Final Scope (Ref. 2).
    d. Potential routes and sources of exposure.
    As previously mentioned, certain phrasings of text and headings in 
this unit are identical to that used in the scope documents for each 
chemical. In this unit, the Agency notes that certain discussions of 
environmental and general population exposures may list similar routes 
and sources of exposure; however, instead of modifying or synthesizing 
such discussions, the Agency is using text transferred from the scope 
documents. In addition, new or resumed uses would present potential 
routes and sources of exposure that could create concerns and, 
therefore, necessitate EPA review.
    i. Environmental exposures.
    The manufacturing, processing, distribution, use and disposal of 
TBBPA can result in releases to the environment and exposure to aquatic 
and terrestrial receptors (biota) (Ref. 2). Environmental exposures to 
biota are informed by releases into the environment, overall 
persistence, degradation and bioaccumulation within the environment and 
partitioning across different media (Ref. 2). Concentrations of 
chemical substances in biota provide evidence of exposure (Ref. 2).
    ii. Occupational exposures.
    Releases of TBBPA from certain conditions of use, such as 
manufacturing, processing, industrial/commercial uses, and disposal may 
result in occupational exposures (Ref. 2). Examples of occupational 
activities associated with the conditions of use identified for TBBPA 
include, but are not limited to: unloading and transferring TBBPA to 
and from storage containers to process vessels during manufacturing; 
processing and use; handling and disposing of waste containing TBBPA 
during manufacturing, processing (including recycling), and use; 
cleaning and maintaining equipment during manufacturing, processing 
(including recycling), and use; sampling chemicals, formulations or 
products containing TBBPA for quality control during manufacturing, 
processing (including recycling), and use; and performing other work 
activities in or near areas where TBBPA is used (Ref. 2).
    EPA anticipates inhalation of dust and other respirable particles 
as an exposure pathway during the manufacture and processing of various

[[Page 40737]]

articles containing TBBPA (e.g., particulate generated during handling 
of plastic resins, finishing operations associated with the manufacture 
and finishing of plastics and plastic articles and incorporation of 
plastics and other article components into finished products) (Ref. 2). 
Dermal exposures for workers are possible during conditions of use 
(Ref. 2).
    iii. Consumer exposures.
    According to CDR reports, TBBPA appears to be used in consumer 
products used in indoor environments, specifically fabric, textile, and 
leather products, electrical and electronic products (including in the 
plastic enclosures), children's products, and building/construction 
materials (Ref. 2). Several of these products have the potential to be 
mouthed by children (Ref. 2). In addition, handling TBBPA-containing 
materials during disposal can lead to consumer and bystander exposures 
(Ref. 2). The main exposure routes where consumers interact with 
products and articles containing TBBPA are dermal, inhalation and dust 
ingestion, including children's mouthing of articles (e.g., 
electronics, plastics, textiles) containing TBBPA (Ref. 2).
    iv. General population exposures.
    Releases of TBBPA from certain conditions of use, such as 
manufacturing, processing or disposal, may result in general population 
exposures (Ref. 2). TBBPA has been found in drinking water, ground 
water, ambient air, indoor air, fish, human breast milk and dust and 
soil (Ref. 2).
    3. Triphenyl phosphate (TPP), CASRN 115-86-6.
    a. Uses EPA proposes to determine are significant new uses.
    EPA is proposing to designate as a significant new use manufacture 
(including import) or processing TPP for any use, with the exception 
that the conditions of use the Agency expects to consider within the 
scope of the TSCA section 6 risk evaluation are not proposed as 
significant new uses. The conditions of use that EPA identified for the 
TSCA section 6 risk evaluation include all manufacture, processing, and 
uses that the information available to the Agency demonstrates to be 
ongoing in the United States. At this time, EPA is aware that 
manufacture and processing for the following uses of TPP have been 
discontinued and thus they are among the uses EPA proposes to determine 
are significant new uses:
     Manufacturing (including import) for use in photographic 
applications; and
     Processing for use in photographic applications.
    b. Conditions of use and production volumes.
    EPA is proposing to determine that the conditions of use of TPP 
that EPA expects to consider in the TSCA section 6 risk evaluation 
include (but are not limited to) all ongoing manufacture, processing, 
and use of TPP. EPA is proposing that the conditions of use that EPA 
expects to consider in the risk evaluation would not be significant new 
uses, even if they are not necessarily ``ongoing'' but are intended, 
known, or reasonably foreseen.
    According to information reasonably available to the Agency, TPP is 
manufactured (including imported) in the United States (Ref. 3). The 
chemical is processed as a reactant; incorporated into formulation, 
mixture, or reaction products; and incorporated into articles (Ref. 3). 
Several commercial uses were identified, mainly in plastic and rubber 
products, and in paints and coatings (Ref. 3). Other uses reported 
include use in lubricants and greases. Consumer uses were reported in 
foam seating and bedding products (Ref. 3). Data reported to EPA during 
the 2020 CDR submission period indicate the reported production volume 
is between 1 million and 10 million pounds per year (Ref. 3).
    EPA has identified conditions of use of TPP (Ref. 3), which are 
undergoing TSCA section 6 risk evaluation and are described in this 
unit in the same format that appears in the final scope document, with 
minor edits for readability, supported by Agency research being 
conducted during TSCA risk evaluation of TPP and for this SNUR. Please 
note that the following list contains conditions of use for all 
lifecycle stages of the chemical substance considered by TSCA section 6 
risk evaluations. The proposed SNUR is directed at manufacture 
(including import) and processing for particular uses, but not other 
lifecycle stages such as distribution in commerce or disposal. The full 
list of conditions of use are included here to provide a comprehensive 
scope of conditions of use identified by the Agency. The conditions of 
use of TPP that EPA has identified are:
     Domestic manufacturing;
     Import (including repackaging);
     Processing for use in plastics material and resin 
manufacturing;
     Processing for use in plastic product manufacturing;
     Processing for use in computer and electronic product 
manufacturing;
     Processing for use in rubber product manufacturing;
     Processing for use in textiles, apparel, and leather 
manufacturing;
     Processing for use in furniture and related product 
manufacturing;
     Processing for use in paint and coating manufacturing;
     Processing for use in all other chemical product and 
preparation manufacturing;
     Processing for use in adhesives, sealants, lubricants, and 
greases;
     Processing for use in operational fluids, maintenance 
fluids and semisolids, reactive fluids, and solids used in aerospace 
industry;
     Processing for use in turbine engine oils in aviation;
     Processing for use in turbine engine oils in non-aviation 
industries;
     Processing for use in furniture and related product 
manufacturing;
     Recycling;
     Distribution in commerce;
     Industrial or commercial use in paints and coatings;
     Industrial or commercial use in plastic and rubber 
products;
     Consumer use in plastic and rubber products;
     Industrial or commercial use as a laboratory chemical;
     Industrial or commercial use in lubricants and greases;
     Consumer use in lubricants and greases;
     Industrial or commercial use in operational fluids, 
maintenance fluids and semisolids, reactive fluids, and solids used in 
aerospace industry;
     Industrial or commercial use in turbine engine oils used 
in aviation;
     Industrial or commercial use in turbine engine oils used 
in non-aviation industries;
     Industrial or commercial use in electrical and electronic 
products;
     Consumer use in electrical and electronic products;
     Industrial or commercial use in foam seating and bedding 
products;
     Consumer use in foam seating and bedding products;
     Industrial or commercial use in furniture and furnishings;
     Industrial or commercial use in building and construction 
materials; and
     Disposal.
    c. Potential environmental and health effects.
    During prioritization for TSCA section 6(b) risk evaluation, EPA 
identified potential environmental hazard effects from TPP for aquatic 
and terrestrial organisms, and also identified the following potential 
human health effects and related information: developmental, 
irritation, corrosion, and repeated dose (Ref. 3). Since prioritization 
and as captured in the final scope, EPA applied automated techniques 
during the data

[[Page 40738]]

screening phase of systematic review to identify the following 
additional potential human health hazards and related information that 
may be considered for the risk evaluation: cancer, cardiovascular, 
endocrine, gastrointestinal, hematological and immune, hepatic, 
mortality, musculoskeletal, neurological, nutritional and metabolic, 
ocular and sensory, renal, reproductive, skin and connective tissue, 
and ADME (Ref. 3). Additional human health and environmental hazards 
may be considered during TSCA section 6(b) risk evaluation based on 
results from systematic review, as explained in Appendix A of the TPP 
Final Scope (Ref. 3).
    d. Potential routes and sources of exposure.
    As previously mentioned, certain phrasings of text and headings in 
this unit are identical to that used in the scope documents for each 
chemical. In this unit, the Agency notes that certain discussions of 
environmental and general population exposures may list similar routes 
and sources of exposure; however, instead of modifying or synthesizing 
such discussions, the Agency is using text transferred from the scope 
documents. In addition, new or resumed uses would present potential 
routes and sources of exposure that could create concerns and, 
therefore, necessitate EPA review.
    i. Environmental exposures.
    The manufacturing, processing, distribution, use and disposal of 
TPP can result in releases to the environment and exposure to aquatic 
and terrestrial receptors (biota) (Ref. 3). TPP was detected in 
wastewater effluent, landfill leachate, sediment, soil, ambient air, as 
well as in fish (including shellfish) and dolphins (Ref. 3).
    ii. Occupational exposures.
    There is a potential for occupational exposure under the various 
conditions of use (manufacturing (including import), processing, 
industrial/commercial uses, and disposal) (Ref. 3). Also, there are 
potential exposures from the processing of TPP as it is incorporated 
into formulations and products (Ref. 3). There is also potential for 
exposure from additive flame retardants due to release from article 
components during their manufacture and industrial/commercial use (Ref. 
3).
    EPA anticipates inhalation of mist, dust, and other respirable 
particles as an occupational exposure pathway during the manufacture, 
processing, and commercial/industrial use of various products 
containing TPP (e.g., particulate generated during manufacture and 
handling of foam and plastics and incorporation of foam and plastics 
into finished products, and mist generated during application to 
textiles and application of paints and coatings) (Ref. 3). For the oral 
route, workers and occupational non-users may inadvertently ingest 
inhaled particles that deposit in the upper respiratory tract or may 
transfer chemicals from their hands to their mouths (Ref. 3). Also, 
there is potential dermal exposure from contact with solids during 
packaging and repackaging operations at manufacturing and import sites 
when TPP is handled as a dry powder (Ref. 3). EPA also anticipates 
dermal exposure to liquid if TPP is formulated with liquid chemical and 
handled as a liquid (Ref. 3).
    iii. Consumer exposures.
    TPP is used in consumer products used in indoor environments, 
including foam seating and bedding products, and plastic and rubber 
products (Ref. 3). TPP use has also been reported in electrical and 
electronic products (Ref. 3). Several of these products have the 
potential to be mouthed by children. In addition, handling during the 
disposal of TPP-containing materials can lead to consumer and bystander 
exposures (Ref. 3). The main exposure routes for these uses where 
consumers interact with products and articles containing TPP are 
dermal, inhalation, and dust ingestion, including children's mouthing 
of articles (e.g., textiles, wood products and plastics) containing TPP 
(Ref. 3). Therefore, potential sources and pathways of exposure to 
consumers include oral, dermal and inhalation; for bystanders, only the 
inhalation route may result from the conditions of use of TPP (Ref. 3).
    iv. General population exposures.
    Releases of TPP from certain conditions of use, such as 
manufacturing, processing, or disposal activities, may result in 
general population exposures (Ref. 3). TPP was detected in surface 
water, ground water, soil, ambient air, indoor air, indoor dust, as 
well as in fish (including shellfish) (Ref. 3).

V. References

    The following is a listing of the documents that are specifically 
referenced in this document. The docket includes these documents and 
other information considered by EPA, including documents that are 
referenced within the documents that are included in the docket, even 
if the referenced document is not physically located in the docket. For 
assistance in locating these other documents, please consult the 
technical person listed under FOR FURTHER INFORMATION CONTACT.

1. EPA. Final Scope of the Risk Evaluation for Tris(2-chloroethyl) 
Phosphate (TCEP); CASRN 115-96-8. August 2020. EPA Document # EPA-
740-R-20-009. Available at: https://www.epa.gov/sites/default/files/2020-09/documents/casrn_115-96-8_tris2-chloroethyl_phosphate_tcep_final_scope.pdf.
2. EPA. Final Scope of the Risk Evaluation for 4,4'-(1-
Methylethylidene)bis[2, 6-dibromophenol] (TBBPA); CASRN 79-94-7. 
August 2020. EPA Document # EPA-740-R-20-008. Available at: https://www.epa.gov/sites/default/files/2020-09/documents/casrn_79-94-7_44-1-methylethylidenebis2_6-dibromophenol_tbbpa_finalscope.pdf.
3. EPA. Final Scope of the Risk Evaluation for Triphenyl Phosphate 
(TPP); CASRN 115-86-6. August 2020. EPA Document # EPA-740-R-20-010. 
Available at: https://www.epa.gov/sites/default/files/2020-09/documents/casrn_115-86-6_triphenyl_phosphate_tpp_final_scope.pdf.
4. EPA. Economic Analysis of the Proposed Significant New Use Rules 
for Flame Retardants Undergoing TSCA Section 6 Risk Evaluation. May 
9, 2023.

VI. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders 
can be found at https://www.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and 14094: 
Modernizing Regulatory Review

    This action is not a significant regulatory action as defined in 
Executive Order 12866 (58 FR 51735, October 4, 1993), as amended by 
Executive Order 14094 (88 FR 21879, April 11, 2023), and was therefore 
not subject to a requirement for Executive Order 12866 review.

B. Paperwork Reduction Act (PRA)

    This action does not impose any new information collection burden 
under the PRA, 44 U.S.C. 3501 et seq. OMB has previously approved the 
information collection activities contained in the existing SNUR 
regulations under OMB Control No. 2070-0038 (EPA ICR No. 1188.13). If 
an entity were to submit a SNUN to the Agency, the annual burden is 
estimated to be less than 100 hours per response, and the estimated 
burden for export notifications is less than 1.5 hours per 
notification. In both cases, if the firm submitting either a SNUN or 
export notification is already registered in CDX, the burden would be 
lower than the presented estimates.
    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

[[Page 40739]]

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.
    Consistent with the PRA, EPA is interested in comments about the 
accuracy of the burden estimate, and any suggested methods for 
minimizing respondent burden or improving the automated collection 
techniques.

C. Regulatory Flexibility Act (RFA)

    I certify this action will not have a significant economic impact 
on a substantial number of small entities under the RFA, 5 U.S.C. 601 
et seq. The small entities subject to the requirements of this action 
are potential future manufacturers (defined by statute to include 
importers), processors, and exporters of one or more subject chemical 
substances for a significant new use designated in the proposed SNURs. 
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, the 
Agency has determined 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 10 in federal fiscal year (FY) FY2016, 14 
in FY2017, 16 in FY2018, five in FY2019, seven in FY2020, and 13 in 
FY2021, 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 $19,020 to $3,330. 
This lower fee reduces the total reporting and recordkeeping of cost of 
submitting a SNUN to about $11,204 for qualifying small firms. 
Therefore, the potential economic impacts of complying with this 
proposed 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)

    This action does not contain any unfunded mandates as described in 
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect 
small governments. 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 proposed rule would 
not impose any enforceable duty, contain any unfunded mandate, or 
otherwise have any effect on small governments subject to the 
requirements of UMRA sections 202, 203, 204, or 205 (2 U.S.C. 1501 et 
seq.).

E. Executive Order 13132: Federalism

    This action does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999), because it will 
not have substantial direct effect on the 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.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This action does not have tribal implications as specified in 
Executive Order 13175 (65 FR 67249, November 9, 2000), because it will 
not have substantial direct effects on tribal governments, on the 
relationship between the federal government and the Indian tribes, or 
on the distribution of power and responsibilities between the federal 
government and Indian tribes. This action will not significantly nor 
uniquely affect the communities of tribal governments, nor would it 
involve or impose any requirements that affect Indian tribes.

G. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997), 
as applying only to those regulatory actions that concern environmental 
health or safety risks that EPA has reason to believe may 
disproportionately affect children, per the definition of ``covered 
regulatory action'' in section 2-202 of Executive Order 13045. Since 
this is not a ``covered regulatory action,'' Executive Order 13045 does 
not apply, and since this action does not address human health 
concerns, EPA's policy on Children's Health also does not apply to this 
SNUR. However, the EPA Policy on Children's Health will apply to the 
consideration of the SNUNs submitted to EPA in response to a SNUR.
    Although this action does not concern an environmental health or 
safety risk, the designation of certain uses of the subject chemicals 
as significant new uses ensures the Agency has an opportunity to review 
and address potential risks associated with such uses before an entity 
begins commencing any manufacture (including import) or processing of 
the chemical substance for that use. Once EPA receives a notification, 
EPA must review and make an affirmative determination on the 
notification, and take such action as is required by any such 
determination before the manufacture (including import) or processing 
for the significant new use can commence. Such a review will assess 
whether the use identified in the SNUN may present unreasonable risk to 
health or the environment and ensure that EPA can prevent future unsafe 
environmental releases of the chemical substances subject to the SNUR. 
As discussed previously, EPA is concerned about the potential for 
adverse health effects from the conditions of use of TCEP, TBBPA, and 
TPP for children and will evaluate the risk under TSCA section 6.

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 it is not a ``significant regulatory action'' 
under Executive Order 12866.

I. National Technology Transfer and Advancement Act (NTTAA)

    This rulemaking does not involve any technical standards under the 
NTTAA section 12(d) (15 U.S.C. 272 note).

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 (59 FR 7629, February 16, 1994) directs 
federal agencies, to the greatest extent practicable and permitted by 
law, to make environmental justice part of their mission by identifying 
and addressing, as appropriate, disproportionately high and adverse 
human health or

[[Page 40740]]

environmental effects of their programs, policies, and activities on 
minority populations (people of color and/or indigenous peoples) and 
low-income populations.
    EPA believes that it is not practicable to assess whether the human 
health or environmental conditions that exist prior to this action 
result in disproportionate and adverse effects on people of color, low-
income populations and/or indigenous peoples. The SNURs do not address 
any human health or environmental risks or affect the level of 
protection provided to human health or the environment. Although this 
action does not concern human health or environmental conditions, the 
designation of certain uses as significant new uses subject to this 
proposed SNUR ensures the Agency has an opportunity to review and 
address potential risks associated with such uses. As noted previously, 
EPA is concerned about the potential for adverse health effects from 
the conditions of use of TCEP, TBBPA, and TPP and will evaluate those 
conditions of use under TSCA section 6, including health effects 
associated with those conditions of use affecting potentially exposed 
or susceptible subpopulations that may be at greater risk of adverse 
health effects due to biological susceptibility based on factors such 
as race/ethnicity, life stage, lifestyle factors, and nutrition status. 
The SNUR would require the submission of a SNUN before the manufacture 
(including import) or processing for the significant new use can 
commence. EPA would then review the SNUN submission to assess whether 
the use identified in the SNUN may present unreasonable risk to health 
or the environment and take appropriate action to prevent unreasonable 
risk from the chemical substances subject to the SNUR. Furthermore, 
information submitted under TSCA can also be used by others to identify 
potential problems, set priorities, and take appropriate steps to 
reduce any potential risks to human health and the environment and may 
make more information available to the public and interested 
communities that they can use to better assess potential exposures and 
risks to minority, low-income or indigenous populations, or tribes. For 
example, EPA provides public access to the information EPA receives and 
develops about chemical substances regulated under TSCA via ChemView 
(https://chemview.epa.gov/chemview).

List of Subjects in 40 CFR Part 721

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

    Dated: June 15, 2023.
Denise Keehner,
Director, Office of Pollution Prevention and Toxics.

    Therefore, for the reasons set forth in the preamble, it is 
proposed that 40 CFR chapter I be amended as follows:

PART 721--SIGNIFICANT NEW USES OF CHEMICAL SUBSTANCES

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. Add Sec. Sec.  721.11778 through 721.11780 to subpart E to read as 
follows:


Sec.  721.11778  Tris(2-chloroethyl) phosphate.

    (a) Chemical substance and significant new use subject to 
reporting.
    (1) The chemical substance identified as tris(2-chloroethyl) 
phosphate (TCEP) (CASRN 115-96-8) 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 for the chemical substance identified 
in paragraph (a)(1) of this section are:
    (i) Any manner or method of manufacture (excluding import) of the 
substance associated with any use; and
    (ii) Import or processing of the substance for any use, except for:
    (A) Commercial use as a laboratory chemical;
    (B) Commercial use in paints and coatings;
    (C) Industrial or commercial use in polymers used in aerospace 
equipment and products and in articles in aerospace equipment and 
products; or
    (D) Recycling of articles.
    (b) Specific requirements. The provisions of subpart A of this part 
apply to this section.


Sec.  721.11779  4,4'-(1-methylethylidene)bis[2, 6-dibromophenol].

    (a) Chemical substance and significant new uses subject to 
reporting.
    (1) The chemical substance identified as 4,4'-(1-
methylethylidene)bis[2, 6-dibromophenol], also known as 
``tetrabromobisphenol A,'' (TBBPA) (CASRN 79-94-7) 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 for the chemical substance identified 
in paragraph (a)(1) of this section are manufacture (including import) 
or processing for any use except in:
    (i) Adhesive manufacturing;
    (ii) Plastic material and resin manufacturing;
    (iii) Chemical product and preparation manufacturing;
    (iv) Electrical equipment, appliance and component manufacturing;
    (v) Plastics product manufacturing;
    (vi) Computer and electronic product manufacturing;
    (vii) Electrical and electronic products;
    (viii) Printed circuit boards and semiconductor packages;
    (ix) Interior material for transportation equipment;
    (x) Plastic electronic enclosures;
    (xi) Industrial or commercial use in prepreg material for 
automotive and aviation interiors for;
    (xii) Industrial or commercial use as a laboratory chemical for; or
    (xiii) Recycling of electronic products.
    (b) Specific requirements. The provisions of subpart A of this part 
apply to this section.


Sec.  721.11780  Triphenyl phosphate.

    (a) Chemical substance and significant new uses subject to 
reporting.
    (1) The chemical substance identified as Triphenyl phosphate (TPP) 
(CASRN 115-86-6) 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 for the chemical substance identified 
in paragraph (a)(1) of this section are manufacture (including import) 
or processing for any use except in:
    (i) Plastics material and resin manufacturing;
    (ii) Plastic product manufacturing;
    (iii) Computer and electronic product manufacturing;
    (iv) Rubber product manufacturing;
    (v) Textiles, apparel, and leather manufacturing;
    (vi) Furniture and related product manufacturing;
    (vii) Paint and coating manufacturing;
    (viii) Chemical product and preparation manufacturing;
    (ix) Adhesives, sealants, lubricants, and greases;
    (x) Electrical and electronic products;
    (xi) Plastic and rubber products;
    (xii) Industrial or commercial use in paints and coatings;
    (xii) Industrial use in hydraulic fluid;
    (xiii) Industrial or commercial use in turbine engine oils in 
aviation industries;
    (xiv) Industrial or commercial use in turbine engine oils in non-
aviation industries;
    (xv) Industrial or commercial use in operational fluids, 
maintenance fluids and semisolids, reactive fluids, and solids used in 
aerospace industries;
    (xvi) Industrial or commercial use in laboratory chemicals;

[[Page 40741]]

    (xvii) Foam seating and bedding products;
    (xviii) Industrial or commercial use in furniture and furnishings;
    (xix) Industrial or commercial use in building and construction 
materials; or
    (xx) Recycling.
    (b) Specific requirements. The provisions of subpart A of this part 
apply to this section.

[FR Doc. 2023-13250 Filed 6-21-23; 8:45 am]
BILLING CODE 6560-50-P