51657 Federal Register / Vol. 85, No. 163 / Friday, August 21, 2020 / Rules and Regulations 
(l) Appeal of permits. (1) Permit 
decisions may be appealed under the 
permit appeal procedures of 40 CFR 124.19. 
(2) An appeal under paragraph (l)(1) 
of this section is, under section 307(b) of the Act, a prerequisite to seeking judicial review of the final agency action. 
* * * * * 
Subpart B—Permits for Early 
Reductions Sources 
■8. Amend § 71.27 by revising 
paragraph (l) to read as follows: 
§ 71.27 Public participation and appeal. 
* * * * * 
(l) Appeal of permits. (1) Permit 
decisions may be appealed under the permit appeal procedures of 40 CFR 124.19. 
(2) An appeal under paragraph (l)(1) 
of this section is, under section 307(b) of the Act, a prerequisite to seeking judicial review of the final agency action. 
(3) The filing of a petition for review 
of any condition of the permit or permit decision shall not stay the effect of any contested permit or permit condition. 
* * * * * 
PART 124—PROCEDURES FOR 
DECISIONMAKING 
■9. The authority citation for part 124 
continues to read as follows: 
Authority: Resource Conservation and 
Recovery Act, 42 U.S.C. 6901 et seq.; Safe 
Drinking Water Act, 42 U.S.C. 300f et seq.; Clean Water Act, 33 U.S.C. 1251 et seq.; Clean Air Act, 42 U.S.C. 7401 et seq. 
Subpart A—General Program 
Requirements 
■10. Amend § 124.19 by: 
■a. Revising paragraphs (a)(4)(i), (e), (g) 
and (l); 
■b. Removing paragraph (p); and 
■c. Redesignating paragraphs (m) 
through (o) as paragraphs (n) through (p) and adding a new paragraph (m). 
The revisions and additions read as 
follows: 
§ 124.19 Appeal of RCRA, UIC, NPDES and 
PSD Permits. 
(a) * * * 
(4) * * * (i) In addition to meeting 
the requirements in paragraph (d) of this 
section, a petition for review must identify the contested permit condition or other specific challenge to the permit decision and clearly set forth, with legal and factual support, petitioner’s contentions for why the permit decision should be reviewed. The petition must demonstrate that each challenge to the 
permit decision is based on a finding of fact or conclusion of law that is clearly erroneous. 
* * * * * 
(e) Participation by amicus curiae. 
Any interested person may file an 
amicus brief in any appeal pending before the Environmental Appeals Board under this section. The deadline for filing such brief 21 days after the filing of the petition. Amicus briefs may not exceed 15 pages. 
* * * * * 
(g) Motions for extension of time. (1) 
Parties must file motions for extensions 
of time sufficiently in advance of the due date to allow other parties to have a reasonable opportunity to respond to the request for more time and to provide the Environmental Appeals Board with a reasonable opportunity to issue an order. 
(2) Each party may only file one 
motion for extension and the requested extension may not exceed 30 days. 
* * * * * 
(l) Final disposition. (1) Except as 
provided in paragraph (l)(2), the 
Environmental Appeals Board shall issue its decision on a permit appeal by the later date occurring 60 days after the date on which: 
(i) The final brief has been submitted; 
or 
(ii) Oral argument is concluded. 
(2) The Environmental Appeals Board 
may, upon determining that the nature 
and complexity of the case requires additional time, grant itself an additional 60 days to issue its decision. 
(3) Any written opinion issued by the 
Environmental Appeals Board should only be as long as necessary to address the specific issues presented to the Board in the appeal. 
(m) Judicial review. (1) A petition to 
the Environmental Appeals Board under paragraph (a) of this section is, under 5 U.S.C. 704, a prerequisite to seeking judicial review of the final agency 
action. 
(2) For purposes of judicial review 
under the appropriate Act, final agency action on a permit occurs when agency review procedures under this section are exhausted and the Regional Administrator subsequently issues a final permit decision under this paragraph. A final permit decision must be issued by the Regional Administrator: 
(i) When the Environmental Appeals 
Board issues notice to the parties that the petition for review has been denied; 
(ii) When the Environmental Appeals 
Board issues a decision on the merits of the appeal and the decision does not include a remand of the proceedings; or (iii) Upon the completion of remand 
proceedings if the proceedings are 
remanded, unless the Environmental Appeals Board’s remand order specifically provides that appeal of the remand decision will be required to exhaust administrative remedies. 
(3) The Regional Administrator must 
promptly publish notice of any final agency action in the Federal Register regarding the following permits: 
(i) PSD permits; 
(ii) Outer continental shelf permits 
issued under 40 CFR part 55; 
(iii) Federal Title V operating permits 
issued under 40 CFR part 71; 
(iv) Acid Rain permits appealed under 
40 CFR part 78; 
(v) Tribal Major Non-Attainment NSR 
permits issued under 40 CFR 49.166 
through 49.173; and 
(vi) Tribal Minor NSR permits issued 
under 40 CFR 49.151 through 49.161. 
[FR Doc. 2020–16257 Filed 8–20–20; 8:45 am] 
BILLING CODE 6560–50–P 
ENVIRONMENTAL PROTECTION AGENCY 
40 CFR Parts 9 and 721 
[EPA–HQ–OPPT–2019–0595; FRL–10010– 
61] 
RIN 2070–AB27 
Significant New Use Rules on Certain 
Chemical Substances (20–1.B) 
AGENCY : Environmental Protection 
Agency (EPA). 
ACTION : Final rule. 
SUMMARY : EPA is issuing 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 requires persons to notify EPA 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 rule. The required notification initiates EPA’s evaluation of the chemical under the conditions of use within the applicable review period. Persons may not commence manufacture or processing for the significant new use until EPA has conducted a review of the notice, made an appropriate determination on the notice, and has taken such actions as are required as a result of that determination. 
DATES : This rule is effective on October 
20, 2020. For purposes of judicial review, this rule shall be promulgated at 1 p.m. (e.s.t.) on September 4, 2020. 
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FOR FURTHER INFORMATION CONTACT : For 
technical information contact: Kenneth 
Moss, Chemical Control Division (7405M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460–0001; telephone number: (202) 564–9232; email address: 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 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 provisions 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, which would include the SNUR requirements. The EPA policy in support of import certification appears at 40 CFR part 707, subpart B. In addition, any persons who export or intend to export a chemical substance that is the subject of this rule are subject to the export notification provisions of TSCA section 12(b) (15 U.S.C. 2611(b)) (see 40 CFR 721.20), and must comply with the export notification requirements in 40 CFR part 707, subpart D. 
B. How can I access the docket? 
The docket includes information 
considered by the Agency in developing 
the proposed and final rules. The docket for this action, identified by docket identification (ID) number EPA–HQ– OPPT–2019–0595, is available at http:// 
www.regulations.gov or at the Office of Pollution Prevention and Toxics Docket (OPPT Docket), Environmental Protection Agency Docket Center (EPA/ DC), West William Jefferson Clinton Bldg., Rm. 3334, 1301 Constitution Ave. NW, Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566–1744, and the telephone number for the OPPT Docket is (202) 566–0280. Please review the visitor instructions and additional information about the docket available at http://www.epa.gov/dockets. 
II. Background A. What action is the agency taking? 
EPA is finalizing a SNUR under TSCA 
section 5(a)(2) for chemical substances 
which were the subject of PMNs P–16– 291, P–16–486, P–17–184, P–18–232, P– 18–236, and P–18–264. These SNURs require persons who intend to manufacture or process any of these chemical substances for an activity that is designated as a significant new use to notify EPA at least 90 days before commencing that activity. 
Previously, in the Federal Register of 
January 16, 2020 (85 FR 2676) (FRL– 10002–68), EPA proposed a SNUR for these chemical substances in 40 CFR part 721 subpart E. More information on the specific chemical substances subject to this final rule can be found in the Federal Register documents proposing the SNUR. The record for the SNUR was established in the docket under docket ID number EPA–HQ–OPPT–2019–0595. That docket includes information considered by the Agency in developing the proposed and final rules. 
EPA received two public comments 
on this rule. A summary of those comments and EPA’s responses are found in Unit IV. 
B. What is the Agency’s authority for 
taking this action? 
TSCA section 5(a)(2) (15 U.S.C. 
2604(a)(2)) authorizes EPA to determine that a use of a chemical substance is a ‘‘significant new use.’’ EPA must make this determination by rule after considering all relevant factors, including the four bulleted TSCA section 5(a)(2) factors listed in Unit III. As described in Unit II(C), 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. According to 40 CFR 721.1(c), persons subject to these SNURs must comply with the same SNUN requirements and EPA regulatory procedures as submitters of PMNs under TSCA section 5(a)(1)(A). 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 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 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 findings. 
III. Significant New Use Determination 
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 these factors 
enumerated in TSCA section 5(a)(2), the statute authorizes EPA to consider any other relevant factors. 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 substances, in the context of the four bulleted TSCA section 5(a)(2) factors listed in this unit. During its review of these chemicals, 
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EPA identified certain conditions of use 
that are not intended by the submitters, but reasonably foreseen to occur. EPA is designating those reasonably foreseen conditions of use as well as certain other circumstances of use as significant new uses. 
IV. Public Comments on the Proposed 
Rule and EPA Responses 
EPA received two comments on the 
proposed rule: One from an identifying entity and one that was anonymous. The anonymous commenter agrees that notice to EPA prior to commencement of the ‘‘significant new use’’ of the chemical substances is important; therefore, no response by the Agency is required. The identifying commenter stated that these rules need to have engineering controls that are appropriate to the chemical. These comments are general in nature and not specific to the SNUR and are more properly directed to the TSCA section 5(a)(3) determination for the PMN. EPA is therefore not responding to these comments. 
EPA is finalizing the SNURs as 
proposed, except for correcting the recordkeeping requirements of the SNUR proposed at 40 CFR 721.11449 for the chemical substance 1- propanaminium, 2-hydroxy-N, N- dimethyl-N-[3-[(1-oxooctyl- amino]propyl]-3-sulfo-, inner salt (PMN P-17-184; CASRN 1612795–77–3). The Agency inadvertently omitted 40 CFR 721.125(d), which is the recordkeeping requirement corresponding to the use of any applicable personal protective equipment required under 40 CFR 721.63. 
V. Substances Subject to This Rule 
EPA is establishing significant new 
use and recordkeeping requirements for 
chemical substances in 40 CFR part 721, subpart E. In Unit IV. of the proposed SNUR, EPA provided 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. 
•CFR citation assigned in the 
regulatory text section of these rules. 
The regulatory text section of these 
rules specifies the activities designated as significant new uses. Certain new uses, including production volume limits and other uses designated in the rules, may be claimed as CBI. The chemical substances that are the 
subject of these SNURs completed premanufacture review. In addition to those conditions of use intended by the submitter, EPA has identified certain other reasonably foreseen conditions of use and/or other circumstances 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 designating these reasonably foreseen and other circumstances of use as significant new uses. As a result, those significant new uses cannot occur without first going through a separate, subsequent EPA review and determination process associated with the SNUN. 
VI. Rationale and Objectives of the Rule A. Rationale 
During review of the PMNs submitted 
for the chemical substances that are the 
subject of these SNURs and as further discussed in Unit IV. of the proposed rule, EPA identified certain reasonably foreseen conditions of use as well as other circumstances different from the intended conditions of use identified in the PMNs and determined that those changes could result in changes in the type or form of exposure to the chemical substances and/or increased exposures to the chemical substances and/or changes in the reasonably anticipated manner and methods of manufacturing, processing, distribution in commerce, and disposal of the chemical substances. 
B. Objectives 
EPA is issuing these SNURs because 
the Agency wants: 
•To receive notice of any person’s 
intent to manufacture or process a listed 
chemical substance for the described significant new use before that activity begins. 
•To have an opportunity to review 
and evaluate data submitted in a SNUN before the notice submitter begins manufacturing or processing a listed chemical substance for the described significant new use. 
•To be 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 TSCA section 5(a)(3)(C) that the chemical, under the conditions of 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 TSCA section 5(a)(3)(A) or (B) and take the required regulatory action associated with the determination, before manufacture or processing for the significant new use of the chemical substance can occur. 
Issuance of a SNUR for a chemical 
substance does not signify that the chemical substance is listed on the TSCA Chemical Substance Inventory (TSCA Inventory). Guidance on how to determine if a chemical substance is on the TSCA Inventory is available on the internet at http://www.epa.gov/opptintr/ existingchemicals/pubs/tscainventory/ index.html. 
VII. Applicability of the Significant 
New Use Designation 
To establish a significant new use, 
EPA must determine that the use is not ongoing. The chemical substances subject to this rule have undergone premanufacture review. In cases where EPA has not received a notice of commencement (NOC) and the chemical substance has not been added to the TSCA Inventory, no person may commence such activities without first submitting a PMN. Therefore, for chemical substances for which an NOC has not been submitted EPA concludes that the designated significant new uses are not ongoing. 
EPA designated December 2, 2019 
(the date of web posting of the proposed rule) as the cutoff date for determining whether the new use is ongoing. The objective of EPA’s approach has been to ensure that a person could not defeat a SNUR by initiating a significant new use before the effective date of the final rule. 
In the unlikely event that a person 
began commercial manufacture or processing of the chemical substances for a significant new use identified as of December 2, 2019, that person will have to cease any such activity upon the effective date of the final rule. To resume their activities, that person would have to first comply with all applicable SNUR notification requirements and wait until EPA has conducted a review of the notice, made an appropriate determination on the notice, and has taken such actions as are required with that determination. 
VIII. Development and Submission of 
Information 
EPA recognizes that TSCA section 5 
does not require 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 
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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. of the proposed rule lists potentially useful information for all SNURs listed here. Descriptions are provided for informational purposes. The potentially useful information identified in Unit IV. of the proposed rule 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. 
EPA strongly encourages persons, 
before performing any testing, to consult with the Agency. Furthermore, pursuant to TSCA section 4(h), which pertains to reduction of testing 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. of the proposed rule 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 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 substances. •Information on risks posed by the 
chemical substances compared to risks 
posed by potential substitutes. 
IX. Procedural Determinations 
By this rule, EPA is establishing 
certain significant new uses which have 
been claimed as CBI subject to Agency confidentiality regulations at 40 CFR part 2 and 40 CFR part 720, subpart E. Absent a final determination or other disposition of the confidentiality claim under 40 CFR part 2 procedures, EPA is required to keep this information confidential. EPA promulgated a procedure to deal with the situation where a specific significant new use is CBI, at 40 CFR 721.1725(b)(1). 
Under these procedures a 
manufacturer or processor may request EPA to determine whether a proposed use would be a significant new use under the rule. The manufacturer or processor must show that it has a bona fide intent to manufacture or process the 
chemical substance and must identify the specific use for which it intends to manufacture or process the chemical substance. If EPA concludes that the 
person has shown a bona fide intent to manufacture or process the chemical substance, EPA will tell the person whether the use identified in the bona fide submission would be a significant 
new use under the rule. Since most of the chemical identities of the chemical substances subject to these SNURs are also CBI, manufacturers and processors can combine the bona fide submission under the procedure in 40 CFR 721.1725(b)(1) with that under 40 CFR 721.11 into a single step. 
If EPA determines that the use 
identified in the bona fide submission would not be a significant new use, i.e., the use does not meet the criteria specified in the rule for a significant new use, that person can manufacture or process the chemical substance so long as the significant new use trigger is not met. In the case of a production volume trigger, this means that the aggregate annual production volume does not exceed that identified in the bona fide submission to EPA. Because of confidentiality concerns, EPA does not typically disclose the actual production volume that constitutes the use trigger. Thus, if the person later intends to exceed that volume, a new bona fide submission would be necessary to determine whether that higher volume would be a significant new use. 
X. SNUN Submissions 
According to 40 CFR 721.1(c), persons 
submitting a SNUN must comply with 
the same notification requirements and EPA regulatory procedures as persons submitting a PMN, including submission of test data on health and environmental effects as described in 40 CFR 720.50. SNUNs must be submitted on EPA Form No. 7710–25, generated using e-PMN software, and submitted to the Agency in accordance with the procedures set forth in 40 CFR 720.40 and 40 CFR 721.25. e-PMN software is available electronically at http://www.epa.gov/opptintr/newchems. 
XI. Economic Analysis 
EPA has evaluated the potential costs 
of establishing SNUN requirements for 
potential manufacturers and processors of the chemical substances subject to this rule. EPA’s complete economic analysis is available in the docket under docket ID number EPA–HQ–OPPT– 2019–0595. 
XII. Statutory and Executive Order 
Reviews 
Additional information about these 
statutes and Executive Orders can be found at https://www.epa.gov/laws- regulations-and-executive-orders. 
A. Executive Order 12866: Regulatory 
Planning and Review and Executive Order 13563: Improving Regulations and Regulatory Review 
This action establishes SNURs for 
several new chemical substances that were the subject of PMNs. The Office of Management and Budget (OMB) has exempted these types of actions from review under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011). 
B. Paperwork Reduction Act (PRA) 
According to 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 numbers for EPA’s regulations in title 40 of the CFR, after appearing in the Federal Register, are listed in 40 CFR part 9, and included on the related collection instrument or form, if applicable. EPA is amending the table in 40 CFR part 9 to list the OMB approval number for the information collection requirements contained in this action. This listing of the OMB control numbers and their subsequent codification in the CFR satisfies the display requirements of PRA and OMB’s implementing regulations at 5 CFR part 1320. This Information Collection Request (ICR) was previously subject to public notice and comment prior to OMB approval, and given the technical nature of the 
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table, EPA finds that further notice and 
comment to amend it is unnecessary. As a result, EPA finds that there is ‘‘good cause’’ under section 553(b)(3)(B) of the Administrative Procedure Act (5 U.S.C. 553(b)(3)(B)) to amend this table without further notice and comment. 
The information collection 
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 RFA section 605(b) (5 
U.S.C. 601 et seq.), the Agency hereby 
certifies that promulgation of this 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, 10 in FY2016, 14 in FY2017, and 11 in FY2018 and only a fraction of these were from small businesses. In addition, the Agency currently offers relief to qualifying small businesses by reducing the SNUN submission fee from $16,000 to $2,800. This lower fee reduces the total reporting and recordkeeping of cost of submitting a SNUN to about $10,116 for qualifying small firms. Therefore, the potential economic impacts of complying with this SNUR are not expected to be significant or adversely impact a substantial number of small entities. In a SNUR that published in the Federal Register of June 2, 1997 (62 FR 29684) 
(FRL–5597–1), the Agency presented its general determination that final SNURs are not expected to have a significant economic impact on a substantial number of small entities, which was provided to the Chief Counsel for Advocacy of the Small Business Administration. 
D. Unfunded Mandates Reform Act 
(UMRA) 
Based on EPA’s experience with 
proposing and finalizing SNURs, State, local, and Tribal governments have not been impacted by these rulemakings, and EPA does not have any reasons to believe that any State, local, or Tribal government will be impacted by this action. As such, EPA has determined that this action does not impose any enforceable duty, contain any unfunded mandate, or otherwise have any effect on small governments subject to the requirements of UMRA sections 202, 203, 204, or 205 (2 U.S.C. 1501 et seq.). 
E. Executive Order 13132: Federalism 
This action will not have a substantial 
direct effect on States, on the 
relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132, entitled ‘‘Federalism’’ (64 FR 43255, August 10, 1999). 
F. Executive Order 13175: Consultation 
and Coordination With Indian Tribe Governments 
This action does not have Tribal 
implications because it is not expected to have substantial direct effects on Indian Tribes. This action does not significantly nor uniquely affect the communities of Indian Tribal governments, nor does it involve or impose any requirements that affect Indian Tribes. Accordingly, the requirements of Executive Order 13175 (65 FR 67249, November 9, 2000), do 
not apply to this action. 
G. Executive Order 13045: Protection of 
Children From Environmental Health Risks and Safety Risks 
This action is not subject to Executive 
Order 13045 (62 FR 19885, April 23, 1997), because this is not an economically significant regulatory action as defined by Executive Order 12866, and this action does not address environmental health or safety risks disproportionately affecting children. 
H. Executive Order 13211: Actions 
Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use 
This action is not subject to Executive 
Order 13211 (66 FR 28355, May 22, 2001), because this action is not expected to affect energy supply, distribution, or use and because this action is not a significant regulatory action under Executive Order 12866. 
I. National Technology Transfer and 
Advancement Act (NTTAA) 
In addition, since this action does not 
involve any technical standards, NTTAA section 12(d) (15 U.S.C. 272 note), does not apply to this action. 
J. Executive Order 12898: Federal 
Actions To Address Environmental Justice in Minority Populations and Low-Income Populations 
This action does not entail special 
considerations of environmental justice related issues as delineated by Executive Order 12898 (59 FR 7629, February 16, 1994). 
XIII. Congressional Review Act 
Pursuant to the Congressional Review 
Act (5 U.S.C. 801 et seq.), EPA will 
submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). 
List of Subjects 40 CFR Part 9 
Environmental protection, Reporting 
and recordkeeping requirements. 40 CFR Part 721 
Environmental protection, Chemicals, 
Hazardous substances, Reporting and 
recordkeeping requirements. 
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Dated: July 16, 2020. 
Tala Henry, 
Deputy Director, Office of Pollution 
Prevention and Toxics. 
Therefore, for the reasons stated in the 
preamble, the EPA amends 40 CFR parts 
9 and 721 as follows: 
PART 9—OMB APPROVALS UNDER 
THE PAPERWORK REDUCTION ACT 
■1. The authority citation for part 9 
continues to read as follows: 
Authority: 7 U.S.C. 135 et seq., 136–136y; 
15 U.S.C. 2001, 2003, 2005, 2006, 2601–2671; 21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33 U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318, 
1321, 1326, 1330, 1342, 1344, 1345 (d) and (e), 1361; E.O. 11735, 38 FR 21243, 3 CFR, 1971–1975 Comp. p. 973; 42 U.S.C. 241, 242b, 243, 246, 300f, 300g, 300g–1, 300g–2, 300g–3, 300g–4, 300g–5, 300g–6, 300j–1, 300j–2, 300j–3, 300j–4, 300j–9, 1857 et seq., 6901–6992k, 7401–7671q, 7542, 9601–9657, 11023, 11048. 
■2. In § 9.1, amend the table by adding 
entries for §§ 721.11447 through 
721.11452 in numerical order under the undesignated center heading ‘‘Significant New Uses of Chemical Substances’’ to read as follows: 
§ 9.1 OMB approvals under the Paperwork 
Reduction Act. 
* * * * * 
40 CFR citation OMB control 
No. 
*****  
Significant New Uses of Chemical 
Substances 
*****  
721.11447 ............................. 2070–0012 
721.11448 ............................. 2070–0012 721.11449 ............................. 2070–0012 721.11450 ............................. 2070–0012 721.11451 ............................. 2070–0012 721.11452 ............................. 2070–0012 
*****  
* * * * * 
PART 721—SIGNIFICANT NEW USES 
OF CHEMICAL SUBSTANCES 
■3. The authority citation for part 721 
continues to read as follows: 
Authority: 15 U.S.C. 2604, 2607, and 
2625(c). 
■4. Add §§ 721.11447 through 
721.11452 to subpart E to read as follows: 
Subpart E—Significant New Uses for 
Specific Chemical Substances 
* * * * * Sec. 
* * * * * 
721.11447 1,3-Cyclohexanedimethanamine 
adduct (generic). 
721.11448 Polychloropropane (generic). 
721.11449 1-Propanaminium, 2-hydroxy- 
N,N-dimethyl-N-[3-[(1- oxooctyl)amino]propyl]-3-sulfo-, inner salt. 
721.11450 Polyol, reaction products with 
formaldehyde and methanol (generic). 
721.11451 Metal, alkenoic acid-alkyl 
alkenoate-alkyl substituted alkenoate 
polymer carbopolycycle complexes (generic). 
721.11452 Phosphonomethylated ether 
diamine (generic). 
* * * * * 
§ 721.11447 1,3- Cyclohexanedimethanamine adduct (generic). 
(a) Chemical substance and 
significant new uses subject to reporting. 
(1) The chemical substance identified generically as 1,3- cyclohexanedimethanamine adduct (PMN P-16-291) 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). 
(ii) Release to water. Requirements as 
specified in § 721.90(a)(4), (b)(4), and (c)(4), where N=74. 
(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. 
§ 721.11448 Polychloropropane (generic). 
(a) Chemical substance and 
significant new uses subject to reporting. (1) The chemical substance identified generically as polychloropropane (PMN P-16-486) 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(a), (b), (c), and (h). It is a significant new use to use sampling methods other than the ‘‘zero- contact’’ methods described in the PMN. 
(ii) Disposal. Requirements as 
specified in § 721.85(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), (i), and (j) 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. 
§ 721.11449 1-Propanaminium, 2-hydroxy- 
N,N-dimethyl-N-[3-[(1- oxooctyl)amino]propyl]-3-sulfo-, inner salt. 
(a) Chemical substance and 
significant new uses subject to reporting. 
(1) The chemical substance identified as 1-Propanaminium, 2-hydroxy-N,N- dimethyl-N-[3-[(1- oxooctyl)amino]propyl]-3-sulfo-, inner salt (PMN P-17-184; CASRN 1612795– 77–3) is subject to reporting under this section for the significant new uses described in paragraph (a)(2) of this section. 
(2) The significant new uses are: 
(i) Protection in the workplace. 
Requirements as specified in 
§ 721.63(a)(4) and (5), (b)(concentration set at 1.0%) and (c). When determining which persons are reasonable likely to be exposed as required for § 721.63(a)(4), engineering control measures (e.g., enclosure or 
confinement of the operation, general and local ventilation) or administrative control measures (e.g., workplace 
policies and procedures) shall be considered and implemented to prevent exposures, where feasible. For purposes of § 721.63(a)(5), respirators must provide a National Institute for Occupational Safety and Health assigned protection factor of at least 1000. 
(ii) Industrial, commercial, and 
consumer activities. It is a significant new use to manufacture, process or use the substance for use other than firefighting foams, industrial all-purpose cleaners, and transportation washes. It is a significant new use to process the substance to greater than 10% by weight in the final formulated product. 
(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 (d), and (i) are applicable to manufacturers and processors of this substance. 
(2) Limitations or revocation of 
certain notification requirements. The 
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provisions of § 721.185 apply to this 
section. 
§ 721.11450 Polyol, reaction products with 
formaldehyde and methanol (generic). 
(a) Chemical substance and 
significant new uses subject to reporting. 
(1) The chemical substance identified generically as polyol, reaction products with formaldehyde and methanol (PMN P-18-232) 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 of the substance in a manner that results in inhalation exposure. It is a significant new use to manufacture the substance at greater than the confidential annual production volume described 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. 
(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. 
§ 721.11451 Metal, alkenoic acid-alkyl 
alkenoate-alkyl substituted alkenoate polymer carbopolycycle complexes (generic). 
(a) Chemical substance and 
significant new uses subject to reporting. 
(1) The chemical substance identified generically as metal, alkenoic acid-alkyl alkenoate-alkyl substituted alkenoate polymer carbopolycycle complexes (PMN P-18-236) 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). It is a significant new use to manufacture, processing or use of the PMN 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=50. 
(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. 
(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. 
§ 721.11452 Phosphonomethylated ether 
diamine (generic). 
(a) Chemical substance and 
significant new uses subject to reporting. 
(1) The chemical substance identified generically as phosphonomethylated ether diamine (PMN P-18-264) 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, processing or use of the PMN substance in a manner that results in inhalation exposure. 
(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. 
[FR Doc. 2020–16382 Filed 8–20–20; 8:45 am] 
BILLING CODE 6560–50–P 
ENVIRONMENTAL PROTECTION AGENCY 
40 CFR Part 52 
[EPA–R07–OAR–2020–0014; FRL–10012– 
93–Region 7] 
Air Plan Approval; Missouri; Control of 
Emissions From Production of Pesticides and Herbicides 
AGENCY : Environmental Protection 
Agency (EPA). 
ACTION : Final rule. 
SUMMARY : The Environmental Protection 
Agency (EPA) is taking final action to approve a revision to the State Implementation Plan (SIP) for its rule related to control of emissions from production of pesticides and herbicides in the Kansas City area. This final action will amend the SIP to remove certain provisions from the rule, consolidate requirements, include incorporations by reference and revise restrictive language. The EPA’s approval of these rule revisions is being done in accordance with the requirements of the Clean Air Act (CAA). 
DATES : This final rule is effective on 
September 21, 2020. 
ADDRESSES : The EPA has established a 
docket for this action under Docket ID No. EPA–R07–OAR–2020–0014. All documents in the docket are listed on the https://www.regulations.gov 
website. Although listed in the index, some information is not publicly available, i.e., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form. Publicly available docket materials are available through https://www.regulations.gov or please contact 
the person identified in the 
FOR FURTHER  
INFORMATION CONTACT section for 
additional information. 
FOR FURTHER INFORMATION CONTACT : Will 
Stone, Environmental Protection Agency, Region 7 Office, Air Quality Planning Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219; telephone number: (913) 551–7714; email address: stone.william@epa.gov. 
SUPPLEMENTARY INFORMATION : 
Throughout this document ‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to EPA. 
Table of Contents 
I. What is being addressed in this document? 
II. Have the requirements for approval of a 
SIP revision been met? 
III. The EPA’s Response to Comments IV. What action is the EPA taking? V. Incorporation by Reference VI. Statutory and Executive Order Reviews 
I. What is being addressed in this 
document? 
The EPA is approving revisions to 10 
Code of State Regulation (CSR) 10– 2.320, Control of Emissions from 
Production of Pesticides and Herbicides in the Missouri SIP. Missouri made several revisions to the rule. These revisions are described in detail in the technical support document (TSD) included in the docket for this action. The EPA is finalizing this action because the revisions to these rules meet the applicable requirements of the Clean Air Act. 
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