30184 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Rules and Regulations 
designated this rule as not a major rule 
as defined by 5 U.S.C. 804(2). 
List of Subjects in 38 CFR Part 5 
Administrative practice and 
procedure. Signing Authority 
Denis McDonough, Secretary of 
Veterans Affairs, approved this 
document on April 15, 2021, and authorized the undersigned to sign and submit the document to the Office of the Federal Register for publication electronically as an official document of the Department of Veterans Affairs. 
Luvenia Potts, 
Regulation Development Coordinator, Office 
of Regulation Policy & Management, Office of the Secretary, Department of Veterans Affairs. 
For the reasons stated in the 
preamble, the Department of Veterans 
Affairs amends 38 CFR part 5 as follows: 
PART 5—ADMINISTRATIVE 
PROCEDURES: GUIDANCE DOCUMENTS 
■1. The authority citation for part 5 is 
revised to read as follows: 
Authority: 38 U.S.C. 501; E.O. 12866, 58 
FR 51735, 3 CFR, 1993 Comp., p. 638. 
■2. Revise § 5.0 to read as follows: 
§ 5.0 Purpose. 
This part provides the Department of 
Veterans Affairs’ (VA’s) processes and procedures for issuing and managing guidance documents. 
■3. Amend § 5.15 as follows: 
■a. Revise the first sentence of 
paragraph (a)(1); 
■b. Revise the introductory text of 
paragraph (a)(2); 
■c. Revise paragraph (a)(2)(vii); 
■d. Remove paragraph (a)(2)(viii); 
■e. Redesignate paragraph (a)(2)(ix) as 
paragraph (a)(2)(viii); 
■f. Revise the introductory text of 
paragraph (b); 
■g. Remove paragraph (b)(1); 
■h. Redesignate paragraphs (b)(2) 
through (b)(4) as paragraphs (b)(1) through (3); and 
■i. Revise newly redesignated 
paragraphs (b)(1) and (3). 
The revisions read as follows: 
§ 5.15 Procedures for issuing guidance 
documents. 
(a) General. (1) Each guidance 
document should clearly and 
prominently state that it does not bind the public, except as authorized by law or as incorporated into a contract. * * * (2) Each guidance document should 
include the following information in the 
published guidance document: 
* * * * * 
(vii) A short summary of the subject 
matter covered at the beginning of the 
guidance document; and 
* * * * * 
(b) Significant guidance documents. 
VA will refer to the Administrator of the 
Office of Information and Regulatory Affairs (OIRA) within the Office of Management and Budget, or the Administrator’s designee, the question of whether a guidance document is significant. Significant guidance documents should contain the disclaimer and information described in paragraph (a) of this section. Additionally, unless the Administrator of OIRA, pursuant to review under E.O. 12866, and VA agree that exigency, safety, health, or other compelling cause warrants an exemption, the following additional procedures apply: 
(1) The Secretary or a VA component 
head appointed by the President (with or without confirmation by the Senate), or by an official who is serving in an acting capacity as either of the foregoing, must approve any significant guidance document prior to issuance. This approval authority is not delegable. 
* * * * * 
(3) Significant guidance documents 
must comply with the applicable 
requirements set forth in Executive Orders 12866, 13563, and 13609. 
■4. Revise § 5.20(c) to read as follows: 
§ 5.20 Procedures for petition for the 
withdrawal or modification of a guidance document. 
* * * * * 
(c) VA will seek to provide a response 
to a petition within 90 days of receipt 
of the request. 
■5. Revise § 5.25 to read as follows: 
§ 5.25 Guidance website. 
VA has a guidance website that 
contains, or links to, guidance documents that are currently in effect. The website can be found at the following address: www.va.gov/orpm/ va_guidance_ documents.asp. 
[FR Doc. 2021–11835 Filed 6–4–21; 8:45 am] 
BILLING CODE 8320–01–P ENVIRONMENTAL PROTECTION 
AGENCY 
40 CFR Parts 9 and 721 
[EPA–HQ–OPPT–2020–0251; FRL–10021– 
77] 
RIN 2070–AB27 
Significant New Use Rules on Certain 
Chemical Substances (20–6.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 were the subject of premanufacture notices (PMNs). This action requires 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 rule. This action further requires that persons not commence manufacture or processing for the significant new use until they have submitted a Significant New Use Notice (SNUN), EPA has conducted a review of the notice, made an appropriate determination on the notice, and has taken any risk management actions as are required as a result of that determination. 
DATES : This rule is effective on August 
6, 2021. For purposes of judicial review, this rule shall be promulgated at 1 p.m. (e.s.t.) on June 21, 2021. 
FOR FURTHER INFORMATION CONTACT : For 
technical information contact: William Wysong, New Chemicals Division (7405M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460–0001; telephone number: (202) 564–4163; email address: wysong.william@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 
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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, which would include the SNUR requirements. Chemical importers are subject to the TSCA section 13 (15 U.S.C. 2612) import provisions. 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 rule 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. 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–2020–0251, 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. 
Due to the public health emergency, 
the EPA Docket Center (EPA/DC) and Reading Room is closed to visitors with limited exceptions. The staff continues to provide remote customer service via email, phone, and webform. For the latest status information on EPA/DC services and docket access, visit https:// 
www.epa.gov/dockets. 
II. Background 
A. What action is the Agency taking? 
EPA is finalizing SNURs under TSCA 
section 5(a)(2) for chemical substances 
which were the subject of PMNs P–18– 151, P–18–271, P–19–19, P–19–88, P– 
19–109, P–20–36, P–20–37, and P–20– 38. 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 
June 15, 2020 (85 FR 36175) (FRL– 10010–40), EPA proposed SNURs 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 SNURs. The record for these SNURs was established in the docket under docket ID number EPA–HQ–OPPT– 2020–0251. That docket includes information considered by the Agency in developing the proposed and final rules. EPA received public comments on this rule, as described 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 TSCA section 5(a)(2) factors listed in Unit III. 
C. How do the of general provisions 
apply to this action? 
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 significant new use is not likely to present an unreasonable risk of injury or take such regulatory action as is associated with an alternative determination before manufacture or processing for the significant new use can commence. If EPA determines that 
the significant new 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 A. Determination Factors 
TSCA section 5(a)(2) states that EPA’s 
determination that a use of a chemical 
substance is a significant new use must be made after consideration of all relevant factors, including: 
•The projected volume of 
manufacturing and processing of a chemical substance. 
•The extent to which a use changes 
the type or form of exposure of human beings or the environment to a chemical substance. 
•The extent to which a use increases 
the magnitude and duration of exposure of human beings or the environment to a chemical substance. 
•The reasonably anticipated manner 
and methods of manufacturing, processing, distribution in commerce, and disposal of a chemical substance. 
In 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, 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. 
B. Procedures for Significant New Uses 
Claimed as Confidential Business 
Information (CBI) 
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) and has referenced it to apply to other SNURs. 
Under these procedures a 
manufacturer or processor may request 
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EPA to determine whether a specific 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 production volume limit is not exceeded by the amount 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. 
IV. Public Comments on Proposed Rule 
and EPA Responses 
EPA received public comments from 
four identifying entities on the proposed rule. The Agency’s responses to three of these comments are described in a separate Response to Public Comments document that is available in the public docket for this rulemaking. EPA made changes to one of the proposed rules, as described in the response to comments. EPA also received three anonymous comments. These three anonymous comments and the fourth identifying entity comment were general in nature and did not pertain to the proposed rule; therefore, no response is required. 
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 
proposed regulatory text, and the final citation assignment is in the regulatory text section of this final rule. 
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. 
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 other reasonably foreseen conditions of use in addition to those conditions of use intended by the submitter. EPA has 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 designating these conditions of use as well as certain other circumstances of use as significant new uses. As a result, those significant new uses cannot occur without going through a separate, subsequent EPA review and determination process associated with a SNUN. 
B. Objectives 
EPA is issuing 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 TSCA 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 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. 
•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 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. 
VII. Applicability of the 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 rule were undergoing premanufacture review at the time of signature of the 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 SNURs EPA concluded at the time of signature of the proposed rule that the designated significant new uses were not ongoing. 
EPA designated June 2, 2020 (the date 
of the web posting of the proposed rule) 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 began commercial 
manufacture or processing of the chemical substances for a significant new use identified on or after that date will 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. 
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 
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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. 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, 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 election. 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. 
IX. 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. 
X. 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 for this rulemaking. 
XI. 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 
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. 
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. 
The listing of the OMB control 
numbers of the collection instruments and their subsequent codification in the table in 40 CFR 9.1 satisfies the display requirements of the PRA and OMB’s implementing regulations at 5 CFR part 1320. Since this ICR was previously subject to public notice and comment prior to OMB approval, and given the technical nature of the table in 40 CFR part 9, 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 in 40 CFR 9.1 without further notice and comment. 
C. Regulatory Flexibility Act (RFA) 
Pursuant to RFA section 605(b) et 
seq., I hereby certify 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, 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 
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$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 federalism 
implications because it is not expected 
to 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 action will not have Tribal 
implications because it is not expected to have substantial direct effects on Indian Tribes, significantly or uniquely affect the communities of Indian Tribal governments and does not 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 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). 
K. Congressional Review Act (CRA) 
This action is subject to the CRA (5 
U.S.C. 801 et seq.), and EPA will submit 
a rule report containing this rule and 
other required information to each House of the Congress and to the Comptroller General of the United States. 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. 
Dated: May 24, 2021. 
Tala Henry, 
Deputy Director, Office of Pollution 
Prevention and Toxics. 
Therefore, for the reasons stated in the 
preamble, 40 CFR chapter I is amended 
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; 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 §§ 721.11498 through 
721.11505 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 
*****  
721.11498 ......................... 2070–0012 721.11499 ......................... 2070–0012 721.11500 ......................... 2070–0012 721.11501 ......................... 2070–0012 721.11502 ......................... 2070–0012 721.11503 ......................... 2070–0012 721.11504 ......................... 2070–0012 721.11505 ......................... 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 §§ 721.11498 through 
721.11505 to subpart E to read as follows: 
Subpart E—Significant New Uses for 
Specific Chemical Substances 
Sec. 
721.11498 Formaldehyde, reaction products 
with 1,3-benzenedimethanamine and p- tert-butylphenol. 
721.11499 2-Propanol, 1-butoxy-, 2,2′-ester 
(generic). 
721.11500 Haloalkane (generic). 721.11501 Ethanamine, N-ethyl-, 2- 
hydroxy-1,2,3-propanetricarboxylate (1:?). 
721.11502 Copper, [[2,2′,2″-(nitrilo- 
.kappa.N)tris[ethanolato-.kappa.O]](2-)]- (P–19–109, chemical A). 
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721.11503 Copper, bis[2-(amino- 
.kappa.N)ethanolato-.kappa.O]- (P–19– 
109, chemical B). 
721.11504 Carbonic acid, di(lithium-6Li) 
salt. 
721.11505 Lithium chloride (6LiCl). 
* * * * * 
§ 721.11498 Formaldehyde, reaction products with 1,3-benzenedimethanamine and p-tert-butylphenol. 
(a) Chemical substance and 
significant new uses subject to reporting. 
(1) The chemical substance identified as formaldehyde, reaction products with 1,3-benzenedimethanamine and p-tert- butylphenol (PMN P–18–151; CAS No. 158800–93–2) 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 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=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. 
(2) Limitation or revocation of certain 
notification requirements. The provisions of § 721.185 apply to this section. 
§ 721.11499 2-Propanol, 1-butoxy-, 2,2′- 
ester (generic). 
(a) Chemical substance and 
significant new uses subject to reporting. 
(1) The chemical substance generically identified as 2-propanol, 1-butoxy-, 2,2′- ester (PMN P–18–271) 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 use the PMN substance other than as a film-forming coalescent for architectural coatings; for automotive OEM coatings; for can and coil coatings; for industrial wood coatings; for floor polishes, for industrial maintenance coatings; for marine and wood coatings; for transportation coatings; for use in printing inks; or as a chemical intermediate to prepare ester plasticizers. It is a significant new use to process the PMN substance to a weight fraction greater than 8% in the final formulation. 
(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) Limitation or revocation of certain 
notification requirements. The provisions of § 721.185 apply to this section. 
§ 721.11500 Haloalkane (generic). 
(a) Chemical substance and 
significant new uses subject to reporting. (1) The chemical substance generically identified as haloalkane (PMN P–19–19) 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) through (6), and (c). When determining which persons are reasonably 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 exposure, where feasible. For purposes of § 721.63(a)(5), respirators must provide a National Institute for Occupational Safety and Health (NIOSH) assigned protection factor (APF) of at least 1,000. For purposes of § 721.63(a)(6), the airborne form(s) of the substance include particulate (including solids or liquid droplets). 
(ii) Release to water. Requirements as 
specified in § 721.90(a)(4), (b)(4) and (c)(4), where N=23. 
(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 (k) are applicable to manufacturers and processors of this substance. 
(2) Limitation or revocation of certain 
notification requirements. The provisions of § 721.185 apply to this section. 
§ 721.11501 Ethanamine, N-ethyl-, 2- 
hydroxy-1,2,3-propanetricarboxylate (1:?). 
(a) Chemical substance and 
significant new uses subject to reporting. 
(1) The chemical substance identified as ethanamine, N-ethyl-, 2-hydroxy-1,2,3- 
propanetricarboxylate (1:?) (PMN P–19– 88; CAS No. 23251–73–2) 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 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=46. 
(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) Limitation or revocation of certain 
notification requirements. The provisions of § 721.185 apply to this section. 
§ 721.11502 Copper, [[2,2′,2″-(nitrilo- 
.kappa.N)tris[ethanolato-.kappa.O]](2-)]-. 
(a) Chemical substance and 
significant new uses subject to reporting. 
(1) The chemical substance identified as copper, [[2,2′,2″-(nitrilo- .kappa.N)tris[ethanolato-.kappa.O]](2-)]- (PMN P–19–109, chemical A; CAS No. 21545–60–8) is subject to reporting under this section for the significant new uses described in paragraph (a)(2) of this section. 
(2) The significant new uses 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 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=3. 
(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) Limitation or revocation of certain 
notification requirements. The provisions of § 721.185 apply to this section. 
§ 721.11503 Copper, bis[2-(amino- 
.kappa.N)ethanolato-.kappa.O]-. 
(a) Chemical substance and 
significant new uses subject to reporting. 
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(1) The chemical substance identified as 
copper, bis[2-(amino- .kappa.N)ethanolato-.kappa.O]- (PMN P–19–109, chemical B; CAS No. 14215– 52–2) 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 PMN substance in a matter that results in inhalation exposure. 
(ii) Release to water. Requirements as 
specified in § 721.90(a)(4), (b)(4) and (c)(4), where N=3. 
(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) Limitation or revocation of certain 
notification requirements. The provisions of § 721.185 apply to this section. 
§ 721.11504 Carbonic acid, di(lithium-6Li) 
salt. 
(a) Chemical substance and 
significant new uses subject to reporting. 
(1) The chemical substance identified as carbonic acid, di(lithium-6Li) salt (PMN P–20–36; CAS No. 25890–20–4) 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 use the chemical substance other than as a chemical intermediate for manufacture of 6-Lithium halide scintillation crystals for use in radiation detection. 
(ii) Release to water. Requirements as 
specified in § 721.90(a)(4), (b)(4) and (c)(4), where N=35. 
(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) Limitation or revocation of certain 
notification requirements. The provisions of § 721.185 apply to this section. § 721.11505 Lithium chloride (6LiCl). 
(a) Chemical substance and 
significant new uses subject to reporting. (1) The chemical substance identified as lithium chloride (6LiCl) (PMN P–20–37; CAS No. 20227–31–0) 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(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) Limitation 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. 
* * * * * 
[FR Doc. 2021–11765 Filed 6–4–21; 8:45 am] 
BILLING CODE 6560–50–P 
ENVIRONMENTAL PROTECTION 
AGENCY 
40 CFR Parts 9 and 721 
[EPA–HQ–OPPT–2020–0222; FRL–10018– 
77] 
RIN 2070–AB27 
Significant New Use Rules on Certain 
Chemical Substances (20–5.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 were the subject of premanufacture notices (PMNs). This action requires 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 rule. This action further requires that persons not commence manufacture or processing for the significant new use until they have submitted a Significant New Use Notice (SNUN), EPA has conducted a review of the notice, made an 
appropriate determination on the notice, and has taken any risk management actions as are required as a result of that determination. 
DATES : This rule is effective on August 
6, 2021. For purposes of judicial review, this rule shall be promulgated at 1 p.m. (e.s.t.) on June 21, 2021. 
FOR FURTHER INFORMATION CONTACT : 
For technical information contact: 
William Wysong, New Chemicals Division (7405M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460–0001; 
telephone number: (202) 564–4163; email address: wysong.william@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 25 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, which would include the SNUR requirements. Chemical importers are subject to the TSCA section 13 (15 U.S.C. 2612) import provisions. 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 rule 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. How can I access the docket? 
The docket includes information 
considered by the Agency in developing 
the proposed and final rules. The docket 
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