10364 Federal Register / Vol. 85, No. 36 / Monday, February 24, 2020 / Proposed Rules 
redesignate the Lemont and Pekin SO 2 
areas from nonattainment to attainment 
of the SO 2NAAQS. Illinois has 
demonstrated, among other things, that these areas are attaining the SO
2 
NAAQS, and that the improvement in air quality is due to permanent and enforceable SO
2emission reductions in 
the nonattainment area. EPA is also proposing to approve Illinois’ maintenance plans, which are designed to ensure that the Lemont and Pekin nonattainment areas will continue to maintain the SO
2NAAQS. 
VIII. Statutory and Executive Order Reviews 
Under the CAA, redesignation of an 
area to attainment and the accompanying approval of a maintenance plan under section 107(d)(3)(E) are actions that affect the status of a geographical area and do not impose any additional regulatory 
requirements on sources beyond those imposed by state law. A redesignation to attainment does not in and of itself create any new requirements, but rather results in the applicability of requirements contained in the CAA for areas that have been redesignated to attainment. Moreover, the Administrator is required to approve a SIP submission that complies with the provisions of the CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA’s role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action: 
•Is not a significant regulatory action 
subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); 
•Is not an Executive Order 13771 (82 
FR 9339, February 2, 2017) regulatory action because SIP approvals are exempted under Executive Order 12866; 
•Does not impose an information 
collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); 
•Is certified as not having a 
significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); 
•Does not contain any unfunded 
mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4); •Does not have federalism 
implications as specified in Executive 
Order 13132 (64 FR 43255, August 10, 1999); 
•Is not an economically significant 
regulatory action based on health or 
safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); 
•Is not a significant regulatory action 
subject to Executive Order 13211 (66 FR 
28355, May 22, 2001); 
•Is not subject to requirements of 
Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and 
•Does not provide EPA with the 
discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). 
In addition, the SIP is not approved 
to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because redesignation is an action that affects the status of a geographical area and does not impose any new regulatory requirements on tribes, impact any existing sources of air pollution on tribal lands, nor impair the maintenance of ozone national ambient air quality standards in tribal lands. 
List of Subjects 40 CFR Part 52 
Environmental protection, Air 
pollution control, Incorporation by 
reference, Intergovernmental relations, Reporting and recordkeeping requirements, Sulfur oxides. 
40 CFR Part 81 
Environmental protection, Air 
pollution control, National parks, 
Wilderness areas. 
Dated: February 10, 2020. 
Kurt A. Thiede, 
Regional Administrator. 
[FR Doc. 2020–03506 Filed 2–21–20; 8:45 am] 
BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION 
AGENCY 
40 CFR Part 721 
[EPA–HQ–OPPT–2019–0650; FRL–10004– 
90] 
RIN 2070–AB27 
Significant New Use Rules on Certain 
Chemical Substances (20–2.B) 
AGENCY : Environmental Protection 
Agency (EPA). 
ACTION : Proposed rule. 
SUMMARY : EPA is proposing significant 
new use rules (SNURs) under the Toxic Substances Control Act (TSCA) for chemical substances which are the subject of premanufacture notices (PMNs). This action would require persons to notify EPA at least 90 days before commencing manufacture (defined by statute to include import) or processing of any of these chemical substances for an activity that is designated as a significant new use by this proposed rule. This action would further require that persons not commence manufacture or processing for the significant new use until they have submitted a Significant New Use Notice, and EPA has conducted a review of the notice, made an appropriate determination on the notice under TSCA 5(a)(3), and has taken any risk management actions as are required as a result of that determination. 
DATES : Comments must be received on 
or before March 25, 2020. 
ADDRESSES : Submit your comments, 
identified by docket identification (ID) number EPA–HQ–OPPT–2019–0650, by one of the following methods: 
•Federal eRulemaking Portal: http:// 
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. 
•Mail: Document Control Office 
(7407M), Office of Pollution Prevention and Toxics (OPPT), Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460–0001. 
•Hand Delivery: To make special 
arrangements for hand delivery or delivery of boxed information, please follow the instructions at http://www.epa.gov/dockets/contacts.html. 
Additional instructions on 
commenting or visiting the docket, along with more information about dockets generally, is available at http:// 
www.epa.gov/dockets. 
FOR FURTHER INFORMATION CONTACT : 
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For technical information contact: 
Kenneth Moss, Chemical Control 
Division (7405M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460–0001; telephone number: (202) 564–9232; email address: moss.kenneth@epa.gov. 
For general information contact: The 
TSCA-Hotline, ABVI-Goodwill, 422 South Clinton Ave., Rochester, NY 14620; telephone number: (202) 554– 1404; email address: TSCA-Hotline@epa.gov. 
SUPPLEMENTARY INFORMATION : 
I. General Information 
A. Does this action apply to me? 
You may be potentially affected by 
this action if you manufacture, process, 
or use the chemical substances contained in this proposed rule. The following list of North American Industrial Classification System (NAICS) codes is not intended to be exhaustive, but rather provides a guide to help readers determine whether this document applies to them. Potentially affected entities may include: 
•Manufacturers or processors of one 
or more subject chemical substances (NAICS codes 325 and 324110), e.g., chemical manufacturing and petroleum refineries. 
This action may also affect certain 
entities through pre-existing import certification and export notification rules under TSCA. Chemical importers are subject to the TSCA section 13 (15 U.S.C. 2612) import certification requirements promulgated at 19 CFR 12.118 through 12.127 and 19 CFR 127.28. Chemical importers must certify that the shipment of the chemical substance complies with all applicable rules and orders under TSCA. Importers of chemicals subject to these proposed SNURs would need to certify their compliance with the SNUR requirements should these proposed rules be finalized. 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 March 25, 2020 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. 
B. What should I consider as I prepare 
my comments for EPA? 
1. Submitting CBI. Do not submit CBI 
to EPA through regulations.gov or email. Clearly mark the part or all of the information that you claim to be CBI. For CBI information in a disk or CD– ROM that you mail to EPA, mark the outside of the disk or CD–ROM as CBI and then identify electronically within the disk or CD–ROM the specific information that is claimed as 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 http://www.epa.gov/dockets/ comments.html. 
II. Background A. What action is the Agency taking? 
EPA is proposing these SNURs under 
TSCA section 5(a)(2) for chemical 
substances which were the subjects of PMNs P–18–58, P–18–126, P–18–199, P–18–367, P–19–158, and P–19–164. These proposed SNURs would require persons who intend to manufacture or process any of these chemical substances for an activity that is designated as a significant new use to notify EPA at least 90 days before commencing that activity. 
The record for the proposed SNURs 
on these chemicals was established as docket EPA–HQ–OPPT–2019–0650. That record includes information considered by the Agency in developing these proposed SNURs. 
B. What is the Agency’s authority for 
taking this action? 
Section 5(a)(2) of TSCA (15 U.S.C. 
2604(a)(2)) authorizes EPA to determine that a use of a chemical substance is a ‘‘significant new use.’’ EPA must make this determination by rule after considering all relevant factors, including the four TSCA section 5(a)(2) factors listed in Unit III. In the case of a determination other than not likely to present unreasonable risk, the applicable review period must also expire before manufacturing or processing for the new use may commence. As described in Unit V., the general SNUR provisions are found at 40 CFR part 721, subpart A. 
C. Applicability of General Provisions 
General provisions for SNURs appear 
in 40 CFR part 721, subpart A. These 
provisions describe persons subject to the rule, recordkeeping requirements, exemptions to reporting requirements, 
and applicability of the rule to uses occurring before the effective date of the rule. Provisions relating to user fees appear at 40 CFR part 700. Pursuant to 40 CFR 721.1(c), persons subject to these SNURs must comply with the same SNUN requirements and EPA regulatory procedures as submitters of PMNs under TSCA section 5(a)(1)(A) (15 U.S.C. 2604(a)(1)(A)). In particular, these requirements include the information submission requirements of TSCA sections 5(b) and 5(d)(1) (15 U.S.C. 2604(b) and 2604(d)(1)), the exemptions authorized by TSCA sections 5(h)(1), 5(h)(2), 5(h)(3), and 5(h)(5) and the regulations at 40 CFR part 720. Once EPA receives a SNUN, EPA must either determine that the use is not likely to present an unreasonable 
risk of injury under the conditions of use for the chemical substance or take such regulatory action as is associated with an alternative determination before the manufacture or processing for the significant new use can commence. If EPA determines that the use is not likely to present an unreasonable risk, EPA is required under TSCA section 5(g) to make public, and submit for publication in the Federal Register, a statement of EPA’s findings. 
III. Significant New Use Determination 
Section 5(a)(2) of TSCA states that 
EPA’s determination that a use of a 
chemical substance is a significant new use must be made after consideration of all relevant factors, including: 
•The projected volume of 
manufacturing and processing of a chemical substance. 
•The extent to which a use changes 
the type or form of exposure of human beings or the environment to a chemical substance. 
•The extent to which a use increases 
the magnitude and duration of exposure of human beings or the environment to a chemical substance. 
•The reasonably anticipated manner 
and methods of manufacturing, processing, distribution in commerce, and disposal of a chemical substance. 
In determining what would constitute 
a significant new use for the chemical substances that are the subject of these SNURs, EPA considered relevant information about the toxicity of the chemical substances, and potential human exposures and environmental releases that may be associated with the conditions of use of the substances, in the context of the four bulleted TSCA section 5(a)(2) factors listed in this unit. During its review of these chemicals, EPA identified certain conditions of use that are not intended by the submitters, 
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but reasonably foreseen to occur. EPA is 
proposing to designate those reasonably foreseen conditions of use as significant new uses. 
IV. Substances Subject to This Proposed 
Rule 
EPA is proposing significant new use 
and recordkeeping requirements for XX chemical substances in 40 CFR part 721, subpart E. In this unit, EPA provides the following information for each chemical substance: 
•PMN number. 
•Chemical name (generic name, if 
the specific name is claimed as CBI). 
•Chemical Abstracts Service (CAS) 
Registry number (if assigned for non- confidential chemical identities). 
•Basis for the SNUR. 
•Potentially Useful Information. This 
is information identified by EPA that would help characterize the potential health and/or environmental effects of the chemical substance in support of a request by the PMN submitter to modify the Order, or if a manufacturer or processor is considering submitting a SNUN for a significant new use designated by the SNUR. 
•CFR citation assigned in the 
regulatory text section of these proposed rules. 
The regulatory text section of these 
proposed rules specifies the activities designated as significant new uses. Certain new uses, including production volume limits and other uses designated in the proposed rules, may be claimed as CBI. 
The chemical substances that are the 
subject of these proposed SNURs are undergoing premanufacture review. In addition to those conditions of use intended by the submitter, EPA has identified certain other reasonably foreseen conditions of use. EPA has preliminarily determined that the chemicals under their intended conditions of use are not likely to present an unreasonable risk. However, EPA has not assessed risks associated with the reasonably foreseen conditions of use for these chemicals. EPA is proposing to designate these reasonably foreseen and other potential conditions of use as significant new uses. As a result, those conditions of use are no longer reasonably foreseen to occur without first going through a separate, subsequent EPA review and determination process associated with a SNUN. 
The substances subject to these 
proposed rules are as follows: 
PMN Number: P–18–58 
Chemical name: Phosphonium, 
trihexyltetradecyl-, salt with 1,1,1- trifluoro-N-(trifluoromethyl)sulfonyl] 
methanesulfonamide (1:1). 
CAS number: 460092–03–9. 
Basis for action: The PMN states that 
the use of the substance will be as a 
component of electroconductive low- noise grease for long-term lubrication of capped or sealed ball bearings. Based on the physical/chemical properties of the PMN substance, test data for the PMN substance, and test data on analogous substances, EPA has identified concerns for neurotoxicity, liver effects, thyroid effects, respiratory effects, developmental/reproductive effects, and aquatic toxicity if the chemical substance is used in ways other than as intended by the PMN submitter. Other conditions of use of the PMN substance that EPA intends to assess before they occur include the following: 
1. Manufacture, processing, or use in 
any manner that results in inhalation exposures; and 
2. Release of a manufacturing, 
processing, or use stream associated with any use of the PMN substance into the waters of the United States exceeding a surface water concentration of 11 ppb. 
The proposed SNUR would designate 
as a ‘‘significant new use’’ these conditions of use. 
Potentially useful information: EPA 
has determined that certain information may be potentially useful to characterize the health and environmental effects of the PMN substance if a manufacturer or processor is considering submitting a SNUN for a significant new use that would be designated by this proposed SNUR. EPA has determined that the results of reproductive/developmental effects, specific target organ toxicity and aquatic toxicity studies would help characterize the potential health and environmental effects of the PMN substance. 
CFR citation: 40 CFR 721.11453. 
PMN Number: P–18–126 
Chemical name: Calcium manganese 
titanium oxide. 
CAS number: 153728–36–0. 
Basis for action: The PMN states that 
the use of the substance will be as a 
black pigment for architectural paint. Based on the physical/chemical properties of the PMN substance, test data for the PMN substance, and SAR analysis of test data on analogous substances, EPA has identified concerns for lung effects (overload)/ carcinogenicity, neurotoxicity, and aquatic toxicity if the chemical substance is used in ways other than as intended by the PMN submitter. Other conditions of use of the PMN substance that EPA intends to assess before they occur include the following: 
1. Use other than as a black pigment 
for architectural paint; 
2. Use in consumer products; and 
3. Annual production volume of 
greater than the confidential volume in 
the PMN. 
The proposed SNUR would designate 
as a ‘‘significant new use’’ these conditions of use. 
Potentially useful information: EPA 
has determined that certain information may be potentially useful to characterize the health and environmental effects of the PMN substance if a manufacturer or processor is considering submitting a SNUN for a significant new use that would be designated by this proposed SNUR. EPA has determined that the results of pulmonary effects, specific target organ toxicity, and aquatic toxicity testing would help characterize the potential health and environmental effects of the PMN substance. 
CFR citation: 40 CFR 721.11454. 
PMN Number: P–18–199 
Chemical name: Rare earth oxide 
(generic). 
CAS number: Not available. 
Basis for action: The PMN states that 
the generic (non-confidential) use of the 
substance will be as a fuel cell component. Based on the physical/ chemical properties of the PMN substance and SAR analysis of test data on the PMN substance and analogous substances, EPA has identified concerns for lung effects, carcinogenicity, neurotoxicity, immunotoxicity, and blood, bone and liver effects if the chemical substance is used in ways other than as intended by the PMN submitter. Other conditions of use of the PMN substance that EPA intends to assess before they occur include the following: 
•Use other than the confidential use 
described in the PMN. 
The proposed SNUR would designate 
as a ‘‘significant new use’’ these conditions of use. 
Potentially useful information: EPA 
has determined that certain information may be potentially useful to characterize the health and environmental effects of the PMN substance if a manufacturer or processor is considering submitting a SNUN for a significant new use that would be designated by this proposed SNUR. EPA has determined that the results of toxicokinetics, skin absorption, neurotoxicity, specific target organ toxicity, pulmonary effects, and bioavailability of certain metal ions in simulated lung fluid testing would help characterize the potential health effects of the PMN substance. 
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CFR citation: 40 CFR 721.11455. 
PMN Number: P–18–367 
Chemical name: Acid-modified 
polyether (generic). 
CAS number: Not available. 
Basis for action: The PMN states that 
the use of the substance will be as a 
wetting and dispersing additive for pigments in industrial paints and coatings. Based on the physical/ chemical properties of the PMN substance and SAR analysis of test data on analogous substances, EPA has identified concerns for skin irritation, corrosion to the eyes and mucous membranes, lung effects (surfactancy), systemic toxicity, reproductive/ developmental effects, and aquatic toxicity if the chemical substance is used in ways other than as intended by the PMN submitter. Other conditions of use of the PMN substance that EPA intends to assess before they occur include the following: 
1. Manufacture of the substance 
within the United States; 
2. Processing of the substance to 
greater than 2% concentration by weight in the final product formulation; 
3. Use in consumer products; and 
4. Release of a manufacturing, 
processing, or use stream associated 
with any use of the PMN substance into the waters of the United States exceeding a surface water concentration of 9 ppb. 
The proposed SNUR would designate 
as a ‘‘significant new use’’ these conditions of use. 
Potentially useful information: EPA 
has determined that certain information may be potentially useful to characterize the health and environmental effects of the PMN substance if a manufacturer or processor is considering submitting a SNUN for a significant new use that would be designated by this proposed SNUR. EPA has determined that the results of skin irritation, eye damage, specific target organ toxicity, pulmonary effects, reproductive toxicity, and aquatic toxicity testing would help characterize the potential health and environmental effects of the PMN substance. 
CFR citation: 40 CFR 721.11456. 
PMN Number: P–19–158 
Chemical name: Alkenoic acid 
polymer with 2-ethyl-2- (hydroxymethyl)-1,3-alkyldiol, 1,1′- methylenebis(4- isocyantocarbomonocycle) and 3- methyl-1,5-alkyldiol, (generic). 
CAS number: Not available. 
Basis for action: The PMN states that 
the generic (non-confidential) use of the 
substance will be as an adhesive. Based on the physical/chemical properties of the PMN substance and SAR analysis of test data on analogous substances, EPA has identified concerns for irritation to skin, eyes, and respiratory tract, skin and respiratory sensitization, respiratory tract effects, systemic and reproductive effects, and carcinogenicity if the chemical substance is used in ways other than as intended by the PMN submitter. Other conditions of use of the PMN substance that EPA intends to assess before they occur include the following: 
1. Manufacture, processing, or use in 
any manner that results in inhalation exposures; 
2. Use in consumer products; and 
3. Any release of a manufacturing, 
processing, or use stream associated 
with any use of the PMN substance into the waters of the United States. 
The proposed SNUR would designate 
as a ‘‘significant new use’’ these conditions of use. 
Potentially useful information: EPA 
has determined that exposure and release information may be potentially useful to characterize the health effects of the PMN substance if a manufacturer or processor is considering submitting a SNUN for a significant new use that would be designated by this proposed SNUR. 
CFR citation: 40 CFR 721.11457. 
PMN Number: P–19–164 
Chemical name: Bis-alkoxy 
substituted alkane, polymer with aminoalkanol (generic). 
CAS number: Not available. 
Basis for action: The PMN states that 
the use of the substance will be as a site 
limited intermediate for coating resin manufacture. Based on the physical/ chemical properties of the PMN substance and SAR analysis of test data on analogous substances, EPA has identified concerns for irritation and corrosion to skin, eyes, and mucous membranes, systemic effects (body weight changes and liver effects), neurological effects, reproductive and developmental effects, and aquatic toxicity if the chemical substance is used in ways other than as intended by the PMN submitter. Other conditions of use of the PMN substance that EPA intends to assess before they occur include the following: 
1. Manufacture, processing, or use in 
any manner that results in inhalation exposures; and 
2. Release of a manufacturing, 
processing, or use stream associated with any use of the PMN substance into the waters of the United States exceeding a surface water concentration of 1 ppb. The proposed SNUR would designate 
as a ‘‘significant new use’’ these conditions of use. 
Potentially useful information: EPA 
has determined that certain information may be potentially useful to characterize the health and environmental effects of the PMN substance if a manufacturer or processor is considering submitting a SNUN for a significant new use that would be designated by this proposed SNUR. EPA has determined that the results of skin irritation, eye damage, and aquatic toxicity testing would help characterize the potential health and environmental effects of the PMN substance. 
CFR citation: 40 CFR 721.11458. 
V. Rationale and Objectives of the Proposed Rule 
A. Rationale 
During review of the PMNs submitted 
for the chemical substances that are the 
subject of these proposed SNURs and as further discussed in Unit IV., EPA identified certain other reasonably foreseen conditions of use, in addition to those conditions of use intended by the submitter. EPA has preliminarily determined that the chemical under the intended conditions of use is not likely to present an unreasonable risk. However, EPA has not assessed risks associated with the reasonably foreseen conditions of use. EPA is proposing to designate these conditions of use as significant new uses to ensure that they are no longer reasonably foreseen to occur without first going through a separate, subsequent EPA review and determination process associated with a SNUN. 
B. Objectives 
EPA is proposing these SNURs 
because the Agency wants: 
•To have an opportunity to review 
and evaluate data submitted in a SNUN 
before the notice submitter begins manufacturing or processing a listed chemical substance for the described significant new use. 
•To be obligated to make a 
determination under TSCA section 5(a)(3) regarding the use described in the SNUN, under the conditions of use. The Agency will either determine under section 5(a)(3)(C) that the significant new use is not likely to present an unreasonable risk, including an unreasonable risk to a potentially exposed or susceptible subpopulation identified as relevant by the Administrator under the conditions of use, or make a determination under section 5(a)(3) (A) or (B) and take the required regulatory action associated 
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with the determination, before 
manufacture or processing for the significant new use of the chemical substance can occur. 
•To be able to complete its review 
and determination on each of the PMN substances, while deferring analysis on the significant new uses proposed in these rules unless and until the Agency receives a SNUN. 
Issuance of a proposed SNUR for a 
chemical substance does not signify that the chemical substance is listed on the TSCA Inventory. Guidance on how to determine if a chemical substance is on the TSCA Inventory is available on the internet at https://www.epa.gov/tsca- inventory. 
VI. Applicability of the Proposed Rules 
to Uses Occurring Before the Effective Date of the Final Rule 
To establish a significant new use, 
EPA must determine that the use is not ongoing. The chemical substances subject to this proposed rule were undergoing premanufacture review at the time of signature of this proposed rule and were not on the TSCA Inventory. In cases where EPA has not received a notice of commencement (NOC) and the chemical substance has not been added to the TSCA Inventory, no person may commence such activities without first submitting a PMN. Therefore, for the chemical substances subject to these proposed SNURs, EPA concludes that the proposed significant new uses are not ongoing. 
EPA designates February 3, 2020, as 
the cutoff date for determining whether the new use is ongoing. The objective of EPA’s approach is to ensure that a person cannot defeat a SNUR by initiating a significant new use before the effective date of the final rule. 
Persons who begin commercial 
manufacture or processing of the chemical substances for a significant new use identified on or after that date 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 EPA would have to take action under section 5 allowing manufacture or processing to proceed. In developing this proposed rule, EPA has recognized that, given EPA’s general practice of posting proposed rules on its website a week or more in advance of Federal Register publication, this objective could be thwarted even before Federal Register publication of the proposed rule. VII. Development and Submission of Information 
EPA recognizes that TSCA section 5 
does not require development of any particular new information (e.g., generating test data) before submission of a SNUN. There is an exception: If a person is required to submit information for a chemical substance pursuant to a rule, Order or consent agreement under TSCA section 4 (15 U.S.C. 2603), then TSCA section 5(b)(1)(A) (15 U.S.C. 2604(b)(1)(A)) requires such information to be submitted to EPA at the time of submission of the SNUN. 
In the absence of a rule, Order, or 
consent agreement under TSCA section 4 covering the chemical substance, persons are required only to submit information in their possession or control and to describe any other information known to or reasonably ascertainable by them (see 40 CFR 720.50). However, upon review of PMNs and SNUNs, the Agency has the authority to require appropriate testing. Unit IV. lists potentially useful information for all SNURs listed here. Descriptions are provided for informational purposes. The potentially useful information identified in Unit IV. will be useful to EPA’s evaluation in the event that someone submits a SNUN for the significant new use. Companies who are considering submitting a SNUN are encouraged, but not required, to develop the information on the substance, which may assist with EPA’s analysis of the SNUN. 
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). 
The potentially useful information 
described in Unit IV. may not be the only means of providing information to evaluate the chemical substance associated with the significant new uses. However, submitting a SNUN without any test data may increase the likelihood that EPA will take action under TSCA section 5(e) or 5(f). EPA recommends that potential SNUN submitters contact EPA early enough so that they will be able to conduct the appropriate tests. 
SNUN submitters should be aware 
that EPA will be better able to evaluate SNUNs which provide detailed information on the following: 
•Human exposure and 
environmental release that may result from the significant new use of the chemical substances. 
VIII. SNUN Submissions 
According to 40 CFR 721.1(c), persons 
submitting a SNUN must comply with 
the same notification requirements and EPA regulatory procedures as persons submitting a PMN, including submission of test data on health and environmental effects as described in 40 CFR 720.50. SNUNs must be submitted on EPA Form No. 7710–25, generated using e-PMN software, and submitted to the Agency in accordance with the procedures set forth in 40 CFR 720.40 and 721.25. E–PMN software is available electronically at https://www.epa.gov/reviewing-new-chemicals- under-toxic-substances-control-act-tsca. 
IX. Economic Analysis 
EPA has evaluated the potential costs 
of establishing SNUN requirements for 
potential manufacturers and processors of the chemical substances subject to this proposed rule. EPA’s complete economic analysis is available in the docket under docket ID number EPA– HQ–OPPT–2019–0650. 
X. Statutory and Executive Order 
Reviews 
Additional information about these 
statutes and Executive Orders can be found at https://www.epa.gov/laws- regulations-and-executive-orders. 
A. Executive Order 12866: Regulatory 
Planning and Review and Executive Order 13563: Improving Regulations and Regulatory Review 
This proposed rule would establish 
SNURs for new chemical substances that were the subject of PMNs. The Office of Management and Budget (OMB) has exempted these types of actions from review under Executive Order 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011). 
B. Paperwork Reduction Act (PRA) 
According to the PRA, 44 U.S.C. 3501 
et seq., an Agency may not conduct or 
sponsor, and a person is not required to respond to a collection of information that requires OMB approval under PRA, unless it has been approved by OMB and displays a currently valid OMB control number. The OMB control 
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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. 
The information collection 
requirements related to this action have already been approved by OMB pursuant to PRA under OMB control number 2070–0012 (EPA ICR No. 574). This action does not impose any burden requiring additional OMB approval. If an entity were to submit a SNUN to the Agency, the annual burden is estimated to average between 30 and 170 hours per response. This burden estimate includes the time needed to review instructions, search existing data sources, gather and maintain the data needed, and complete, review, and submit the required SNUN. 
Send any comments about the 
accuracy of the burden estimate, and any suggested methods for minimizing respondent burden, including through the use of automated collection techniques, to the Director, Regulatory Support Division, Office of Mission Support (2822T), Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460–0001. Please remember to include the OMB control number in any correspondence, but do not submit any completed forms to this address. 
C. Regulatory Flexibility Act (RFA) 
Pursuant to section 605(b) of the RFA, 
5 U.S.C. 601 et seq., the Agency hereby 
certifies that promulgation of this 
proposed SNUR would not have a significant adverse economic impact on a substantial number of small entities. The requirement to submit a SNUN applies to any person (including small or large entities) who intends to engage in any activity described in the final rule as a ‘‘significant new use.’’ Because these uses are ‘‘new,’’ based on all 
information currently available to EPA, it appears that no small or large entities presently engage in such activities. A SNUR requires that any person who intends to engage in such activity in the future must first notify EPA by submitting a SNUN. Although some small entities may decide to pursue a significant new use in the future, EPA cannot presently determine how many, if any, there may be. However, EPA’s experience to date is that, in response to the promulgation of SNURs covering over 1,000 chemicals, the Agency receives only a small number of notices per year. For example, the number of SNUNs received was seven in Federal fiscal year (FY) 2013, 13 in FY2014, six in FY2015, 12 in FY2016, 13 in FY2017, and 11 in FY2018, only a fraction of 
these were from small businesses. In addition, the Agency currently offers relief to qualifying small businesses by reducing the SNUN submission fee from $16,000 to $2,800. This lower fee reduces the total reporting and recordkeeping of cost of submitting a SNUN to about $10,116 for qualifying small firms. Therefore, the potential economic impacts of complying with this 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) 
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 proposed rule. As such, EPA has determined that this proposed rule does not impose any enforceable duty, contain any unfunded mandate, or otherwise have any effect on small governments subject to the requirements of UMRA sections 202, 203, 204, or 205 (2 U.S.C. 1531–1538 et seq.). 
E. Executive Order 13132: Federalism 
This action would not have a 
substantial direct effect on States, on the 
relationship between the National Government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999). 
F. Executive Order 13175: Consultation 
and Coordination With Indian Tribal Governments 
This proposed rule would not have 
Tribal implications because it is not expected to have substantial direct effects on Indian Tribes. This proposed rule would not significantly nor uniquely affect the communities of Indian Tribal governments, nor does it involve or impose any requirements that affect Indian Tribes. Accordingly, the requirements of Executive Order 13175 (65 FR 67249, November 9, 2000), do not apply to this proposed rule. G. Executive Order 13045: Protection of 
Children From Environmental Health and Safety Risks 
This action is not subject to Executive 
Order 13045 (62 FR 19885, April 23, 
1997), because this is not an economically significant regulatory action as defined by Executive Order 12866, and this action does not address environmental health or safety risks disproportionately affecting children. 
H. Executive Order 13211: Actions 
Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use 
This proposed rule is not subject to 
Executive Order 13211 (66 FR 28355, 
May 22, 2001), because this action is not expected to affect energy supply, distribution, or use and because this action is not a significant regulatory action under Executive Order 12866. 
I. National Technology Transfer and 
Advancement Act (NTTAA) 
In addition, since this action does not 
involve any technical standards, NTTAA section 12(d), 15 U.S.C. 272 note, does not apply to this action. 
J. Executive Order 12898: Federal 
Actions To Address Environmental Justice in Minority Populations and Low-Income Populations 
This action does not entail special 
considerations of environmental justice related issues as delineated by Executive Order 12898 (59 FR 7629, February 16, 1994). 
List of Subjects in 40 CFR Part 721 
Environmental protection, Chemicals, 
Hazardous substances, Reporting and 
recordkeeping requirements. 
Dated: January 31, 2020. 
Tala Henry, 
Deputy Director, Office of Pollution 
Prevention and Toxics. 
Therefore, it is proposed that 40 CFR 
part 721 is amended as follows: 
PART 721—[AMENDED] 
■1. The authority citation for part 721 
continues to read as follows: 
Authority: 15 U.S.C. 2604, 2607, and 
2625(c). 
■2. Add §§ 721.11453 through 
721.11458 to subpart E to read as 
follows: 
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Subpart E—Significant New Uses for 
Specific Chemical Substances 
§ 721.11453 Phosphonium, 
trihexyltetradecyl-, salt with 1,1,1-trifluoro-
N-[(trifluoromethyl)sulfonyl]methanesulfonamide (1:1). 
(a) Chemical substance and 
significant new uses subject to reporting. 
(1) The chemical substance identified as phosphonium, trihexyltetradecyl-, salt with 1,1,1-trifluoro-N-[(trifluoromethyl)sulfonyl]methanesulfonamide (1:1) (PMN P–18–58; CASRN 460092–03–9) is subject to reporting under this section for the significant new uses described in paragraph (a)(2) of this section. 
(2) The significant new uses are: 
(i) Industrial, commercial, and 
consumer activities. It is a significant 
new use to manufacture, process, or use the substance in a manner that results in inhalation exposure. 
(ii) Release to water. Requirements as 
specified in § 721.90(a)(4), (b)(4), and (c)(4) where N=11. 
(b) Specific requirements. The 
provisions of subpart A of this part apply to this section except as modified by this paragraph (b). 
(1) Recordkeeping. Recordkeeping 
requirements as specified in § 721.125(a) through (c), (i), and (k) are applicable to manufacturers and processors of this substance. 
(2) Limitations or revocation of 
certain notification requirements. The provisions of § 721.185 apply to this section. 
§ 721.11454 Calcium manganese titanium 
oxide. 
(a) Chemical substance and 
significant new uses subject to reporting. 
(1) The chemical substance identified as calcium manganese titanium oxide (PMN P–18–126; CASRN 153728–36–0) is subject to reporting under this section for the significant new uses described in paragraph (a)(2) of this section. 
(2) The significant new uses are: 
(i) Industrial, commercial, and 
consumer activities. Requirements as 
specified in § 721.80(o). It is a significant new use to use the substance other than as a black pigment for architectural paint. It is a significant new to manufacture or import greater than the annual production volume identified in the PMN. 
(ii) [Reserved] 
(b) Specific requirements. The 
provisions of subpart A of this part 
apply to this section except as modified by this paragraph (b). 
(1) Recordkeeping. Recordkeeping 
requirements as specified in § 721.125(a) through (c), and (i) are applicable to manufacturers and processors of this substance. (2) Limitations or revocation of 
certain notification requirements. The 
provisions of § 721.185 apply to this section. 
§ 721.11455 Rare earth oxide (generic). 
(a) Chemical substance and 
significant new uses subject to reporting. (1) The chemical substance identified generically as rare earth oxide (PMN P– 
18–199) is subject to reporting under this section for the significant new uses described in paragraph (a)(2) of this section. 
(2) The significant new uses are: 
(i) Industrial, commercial, and 
consumer activities. Requirements as 
specified in § 721.80(j). 
(ii) [Reserved] 
(b) Specific requirements. The 
provisions of subpart A of this part 
apply to this section except as modified by this paragraph (b). 
(1) Recordkeeping. Recordkeeping 
requirements as specified in § 721.125(a) through (c), and (i) are applicable to manufacturers and processors of this substance. 
(2) Limitations or revocation of 
certain notification requirements. The provisions of § 721.185 apply to this section. 
(3) Determining whether a specific use 
is subject to this section. The provisions of § 721.1725(b)(1) apply to paragraph (a)(2)(i) of this section. 
§ 721.11456 Acid-modified polyether 
(generic). 
(a) Chemical substance and 
significant new uses subject to reporting. 
(1) The chemical substance identified generically as acid-modified polyether (PMN P–18–367) is subject to reporting under this section for the significant new uses described in paragraph (a)(2) of this section. 
(2) The significant new uses are: 
(i) Industrial, commercial, and 
consumer activities. Requirements as 
specified in § 721.80(f) and (o). It is a significant new use to process the substance to a final product formulation of greater than 2% by weight. 
(ii) Release to water. Requirements as 
specified in § 721.90(a)(4), (b)(4), and (c)(4) where N=9. 
(b) Specific requirements. The 
provisions of subpart A of this part apply to this section except as modified by this paragraph (b). 
(1) Recordkeeping. Recordkeeping 
requirements as specified in § 721.125(a) through (c), (i), and (k) are applicable to manufacturers and processors of this substance. 
(2) Limitations or revocation of 
certain notification requirements. The provisions of § 721.185 apply to this section. § 721.11457 Alkenoic acid polymer with 2- 
ethyl-2-(hydroxymethyl)-1,3-alkyldiol, 1,1′-methylenebis(4-isocyantocarbomonocycle) and 3-methyl-1,5-alkyldiol (generic). 
(a) Chemical substance and 
significant new uses subject to reporting. 
(1) The chemical substance identified generically as alkenoic acid polymer with 2-ethyl-2-(hydroxymethyl)-1,3- alkyldiol, 1,1′-methylenebis(4-isocyantocarbomonocycle) and 3-methyl-1,5-alkyldiol (PMN P–19–158) is subject to reporting under this section for the significant new uses described in paragraph (a)(2) of this section. 
(2) The significant new uses are: 
(i) Industrial, commercial, and 
consumer activities. Requirements as 
specified in § 721.80(o). It is a significant new use to manufacture, process, or use the substance in a manner that results in inhalation exposure. 
(ii) Release to water. Requirements as 
specified in § 721.90(a)(1), (b)(1), and (c)(1). 
(b) Specific requirements. The 
provisions of subpart A of this part apply to this section except as modified by this paragraph (b). 
(1) Recordkeeping. Recordkeeping 
requirements as specified in § 721.125(a) through (c), and (i) are applicable to manufacturers and processors of this substance. 
(2) Limitations or revocation of 
certain notification requirements. The provisions of § 721.185 apply to this section. 
§ 721.11458 Bis-alkoxy substituted alkane, 
polymer with aminoalkanol, (generic). 
(a) Chemical substance and 
significant new uses subject to reporting. 
(1) The chemical substance identified generically as bis-alkoxy substituted alkane, polymer with aminoalkanol, (PMN P–19–164) is subject to reporting under this section for the significant new uses described in paragraph (a)(2) of this section. 
(2) The significant new uses are: 
(i) Industrial, commercial, and 
consumer activities. It is a significant 
new use to manufacture, process, or use the substance in a manner that results in inhalation exposure. 
(ii) Release to water. Requirements as 
specified in § 721.90(a)(4), (b)(4), and (c)(4) where N=1. 
(b) Specific requirements. The 
provisions of subpart A of this part apply to this section except as modified by this paragraph (b). 
(1) Recordkeeping. Recordkeeping 
requirements as specified in § 721.125(a) through (c), (i), and (k) are applicable to manufacturers and processors of this substance. 
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(2) Limitations or revocation of 
certain notification requirements. The 
provisions of § 721.185 apply to this section. 
[FR Doc. 2020–02892 Filed 2–21–20; 8:45 am] 
BILLING CODE 6560–50–P 
DEPARTMENT OF THE INTERIOR 
Fish and Wildlife Service 
50 CFR Part 17 
[Docket No. FWS–R4–ES–2019–0068; 
4500090023] 
RIN 1018–BE12 
Endangered and Threatened Wildlife 
and Plants; Designation of Critical Habitat for Florida Bristle Fern 
AGENCY : Fish and Wildlife Service, 
Interior. 
ACTION : Proposed rule. 
SUMMARY : We, the U.S. Fish and 
Wildlife Service (Service), propose to designate critical habitat for the Florida bristle fern (Trichomanes punctatum ssp. floridanum) under the Endangered 
Species Act of 1973 (Act), as amended. In total, approximately 1,624 hectares (4,014 acres) in Miami-Dade and Sumter Counties, Florida, fall within the boundaries of the proposed critical habitat designation. If we finalize this rule as proposed, it would extend the Act’s protections to this subspecies’ critical habitat. We also announce the availability of a draft economic analysis of the proposed designation of critical habitat. 
DATES : We will accept comments on the 
proposed rule and draft economic analysis received or postmarked on or before April 24, 2020. Comments submitted electronically using the Federal eRulemaking Portal (see 
ADDRESSES , below) must be received by 
11:59 p.m. Eastern Time on the closing date. We must receive requests for public hearings, in writing, at the address shown in 
FOR FURTHER  
INFORMATION CONTACT by April 9, 2020. 
ADDRESSES : Written comments: You may 
submit comments on the proposed rule or draft economic analysis by one of the following methods: 
(1) Electronically: Go to the Federal 
eRulemaking Portal: http://www.regulations.gov. In the Search box, 
enter FWS–R4–ES–2019–0068, which is the docket number for this rulemaking. Then, click on the Search button. On the resulting page, in the Search panel on the left side of the screen, under the Document Type heading, click on the Proposed Rule box to locate this document. You may submit a comment by clicking on ‘‘Comment Now!’’ 
(2) By hard copy: Submit by U.S. mail 
or hand-delivery to: Public Comments Processing, Attn: FWS–R4–ES–2019– 0068; U.S. Fish and Wildlife Service, MS: BPHC, 5275 Leesburg Pike, Falls Church, VA 22041–3803. 
We request that you send comments 
only by the methods described above. We will post all comments on http://www.regulations.gov. This generally 
means that we will post any personal information you provide us (see Information Requested, below, for more information). 
Document availability: The draft 
economic analysis is available at http:// 
www.fws.gov/verobeach, at http://
www.regulations.gov under Docket No. 
FWS–R4–ES–2019–0068, and at the South Florida Ecological Services Field Office (see 
FOR FURTHER INFORMATION  
CONTACT ). 
The coordinates or plot points or both 
from which the maps are generated are included in the administrative record for this proposed critical habitat designation and are available at https:// 
www.fws.gov/verobeach, at http://
www.regulations.gov under Docket No. 
FWS–R4–ES–2019–0068, and at the South Florida Ecological Services Field Office (see 
FOR FURTHER INFORMATION  
CONTACT ). Any additional tools or 
supporting information that we may develop for the critical habitat designation will also be available at the Service website and Field Office set out above, and may also be included in the preamble of this proposed rule and/or at http://www.regulations.gov. 
FOR FURTHER INFORMATION CONTACT : 
Roxanna Hinzman, Field Supervisor, U.S. Fish and Wildlife Service, South Florida Ecological Services Field Office, 1339 20th Street, Vero Beach, FL 32960; telephone 772–562–3909. Persons who use a telecommunications device for the deaf (TDD) may call the Federal Relay Service at 800–877–8339. 
SUPPLEMENTARY INFORMATION : 
Executive Summary 
Why we need to publish a rule. To the 
maximum extent prudent and determinable, we must designate critical habitat for any species that we determine to be an endangered or threatened species under the Act. Designations of critical habitat can only be completed by issuing a rule. 
What this document does. This 
document proposes to designate critical habitat for the Florida bristle fern (Trichomanes punctatum ssp. floridanum), which was listed as endangered under the Act on November 
5, 2015 (80 FR 60440). 
The basis for our action. Section 
4(a)(3) of the Act requires the Secretary of the Interior (Secretary) to designate critical habitat to the extent prudent and determinable. Section 4(b)(2) of the Act states that the Secretary shall designate critical habitat on the basis of the best available scientific data after taking into consideration the economic impact, the impact on national security, and any other relevant impact of specifying any particular area as critical habitat. Section 3(5)(A) of the Act defines critical habitat as (i) the specific areas within the geographical area occupied by the species, at the time it is listed, on which are found those physical or biological features (I) essential to the conservation of the species and (II) which may require special management considerations or protection; and (ii) specific areas outside the geographical area occupied by the species at the time it is listed, upon a determination by the Secretary that such areas are essential for the conservation of the species. 
Economic analysis. In accordance 
with section 4(b)(2) of the Act, we prepared an analysis of the economic impacts of the proposed critical habitat designation. In this document, we announce the availability of the draft economic analysis for public review and comment. 
Peer review. In accordance with our 
joint policy on peer review published in the Federal Register on July 1, 1994 (59 
FR 34270), and our August 22, 2016, memorandum updating and clarifying the role of peer review of listing actions under the Act, we will seek peer review of this proposed rule. We are seeking comments from independent specialists to ensure that our critical habitat proposal is based on scientifically sound data and analyses. We have invited these peer reviewers to comment on our specific assumptions and conclusions in this critical habitat proposal during the public comment 
period for this proposed rule (see 
DATES , 
above). 
Because we will consider all 
comments and information received during the comment period, our final critical habitat designation may differ from this proposal. Based on the new information we receive (and any comments on that new information), we may conclude that some additional areas meet the definition of critical habitat, and some areas proposed as critical habitat may not meet the definition of critical habitat. In addition, we may find that the benefit of excluding some areas outweigh the benefits of including those areas 
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