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[Federal Register Volume 79, Number 169 (Tuesday, September 2, 2014)]
[Rules and Regulations]
[Pages 51899-51913]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-20783]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 9 and 721

[EPA-HQ-OPPT-2012-0727; FRL-9914-19]
RIN 2070-AB27

Significant New Use Rules on Certain Chemical Substances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is finalizing significant new use rules (SNURs) under 
section 5(a)(2) of the Toxic Substances Control Act (TSCA) for 36 
chemical substances which were the subject of premanufacture notices 
(PMNs). Seventeen of these chemical substances are subject to TSCA 
section 5(e) consent orders issued by EPA. This action requires persons 
who intend to manufacture or process any of these 36 chemical 
substances for an activity that is designated as a significant new use 
by this final rule to notify EPA at least 90 days before commencing 
that activity. The required notification provides EPA with the 
opportunity to evaluate the intended use and, if necessary, to prohibit 
or limit that activity before it occurs.

DATES: This final rule is effective November 3, 2014.

ADDRESSES: The docket for this action, identified by docket 
identification (ID)

[[Page 51900]]

number EPA-HQ-OPPT-2012-0727, 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.

FOR FURTHER INFORMATION CONTACT: For technical information contact: Jim 
Alwood, Chemical Control Division (7405M), Office of Pollution 
Prevention and Toxics, Environmental Protection Agency, 1200 
Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number: 
(202) 564-8974; email address: alwood.jim@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. Does this action apply to me?

    You may be potentially affected by this action if you manufacture, 
process, or use any of the 36 chemical substances contained in this 
final rule. Potentially affected entities may include, but are not 
limited to:
     Manufacturers or processors of the subject chemical 
substances (NAICS codes 325 and 324110), e.g., chemical manufacturing 
and petroleum refineries.
    This listing is not intended to be exhaustive, but rather provides 
a guide for readers regarding entities likely to be affected by this 
action. Other types of entities not listed in this unit could also be 
affected. The North American Industrial Classification System (NAICS) 
codes have been provided to assist you and others in determining 
whether this action might apply to certain entities. To determine 
whether you or your business may be affected by this action, you should 
carefully examine the applicability provisions in 40 CFR 721.5. If you 
have any questions regarding the applicability of this action to a 
particular entity, consult the technical person listed under FOR 
FURTHER INFORMATION CONTACT.
    This action may also affect certain entities through pre-existing 
import certification and export notification rules under TSCA. Chemical 
importers are subject to the TSCA section 13 (15 U.S.C. 2612) import 
certification requirements promulgated at 19 CFR 12.118 through 12.127; 
see also 19 CFR 127.28. Chemical importers must certify that the 
shipment of the chemical substance complies with all applicable rules 
and orders under TSCA. Importers of chemical substances subject to a 
final SNUR must certify their compliance with 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 final rule are 
subject to the export notification provisions of TSCA section 12(b) (15 
U.S.C. 2611(b)) (see 40 CFR[emsp14]721.20), and must comply with the 
export notification requirements in 40 CFR part 707, subpart D.

II. Background

A. What action is the agency taking?

    EPA is finalizing SNURs under TSCA section 5(a)(2) for 36 chemical 
substances which were the subject of PMNs. Seventeen of these chemical 
substances are subject to TSCA section 5(e) consent orders issued by 
EPA. The final SNURs for these chemical substances are based on and 
consistent with the provisions in the underlying consent orders. The 
final SNURs designate as a significant new use manufacture (including 
import) or processing in the absence of the protective measures 
required in the corresponding consent order. The final SNURs for the 19 
remaining chemical substances are not based on a consent order under 
TSCA section 5(e). In these 19 cases, EPA has determined in accordance 
with 40 CFR 721.170(c)(2) that these significant new use activities:
    1. Are different from those described in the PMN for the chemical 
substance, including any amendments, deletions, and additions of 
activities to the PMN.
    2. May be accompanied by changes in exposure or release levels that 
are significant in relation to the health or environmental concerns 
identified for the PMN substance.

This action requires persons who intend to manufacture or process these 
chemical substances for an activity that is designated as a significant 
new use by this final rule to notify EPA at least 90 days before 
commencing that activity.

    Previously, in the Federal Register of February 25, 2013 (78 FR 
12684) (FRL-9376-7), EPA proposed SNURs for 37 chemical substances. 
More information on the specific chemical substances subject to this 
final rule can be found in the Federal Register document proposing the 
SNURs. The SNURs for these 36 chemical substances was established in 
the docket under docket ID number EPA-HQ-OPPT-2012-0727. That docket 
includes information considered by the Agency in developing the 
proposed and final rules, including comments on the proposed SNURs.
    EPA received several comments on the proposed rule for certain 
chemical substances. A full discussion of EPA's response to these 
comments is included in Unit V. Based on these comments, EPA is issuing 
a modified final rule for 36 chemical substances as described in Unit 
V. EPA is not finalizing one of the proposed SNURs as described in the 
response to comments. EPA will take action on that proposed SNUR at a 
later date. For any proposed SNUR for which EPA did not receive 
comment, EPA is issuing the final rule as proposed.

B. What is the agency's authority for taking this action?

    Section 5(a)(2) of TSCA (15 U.S.C. 2604(a)(2)) authorizes EPA to 
determine that a use of a chemical substance is a ``significant new 
use.'' EPA must make this determination by rule after considering all 
relevant factors, including those listed in TSCA section 5(a)(2). Once 
EPA determines that a use of a chemical substance is a significant new 
use, TSCA section 5(a)(1)(B) requires persons to submit a significant 
new use notice (SNUN) to EPA at least 90 days before they manufacture 
or process the chemical substance for that use. Persons who must report 
are described in 40 CFR 721.5.

C. Applicability of General Provisions

    General provisions for SNURs appear in 40 CFR part 721, subpart A. 
These provisions describe persons subject to the final rule, 
recordkeeping requirements, exemptions to reporting requirements, and 
applicability of the rule to uses occurring before the effective date 
of the final 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 notice 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 may 
take regulatory action under TSCA section 5(e), 5(f), 6, or 7 to 
control the

[[Page 51901]]

activities for which it has received the SNUN. If EPA does not take 
action, EPA is required under TSCA section 5(g) to explain in the 
Federal Register its reasons for not taking action.

III. Rationale and Objectives of the Final Rule

A. Rationale

    During review of the PMNs submitted for these chemical substances, 
EPA concluded that for 17 of the 36 chemical substances, regulation was 
warranted under TSCA section 5(e)(1)(A)(ii)(I), pending the development 
of information sufficient to make reasoned evaluations of the human 
health effects of the chemical substances. Based on these findings, a 
TSCA section 5(e) consent order requiring the use of appropriate 
exposure controls was negotiated with the PMN submitter. The SNUR 
provisions for these chemical substances are consistent with the 
provisions of the TSCA section 5(e) consent order. These final SNURs 
are issued pursuant to 40 CFR 721.160. See the docket under docket ID 
number EPA-HQ-OPPT-2010-1075 for the corresponding consent orders. In 
the other 19 cases, where the uses were not regulated under a TSCA 
section 5(e) consent order, EPA determined that one or more of the 
criteria of concern established at 40 CFR 721.170 were met. For 
additional discussion of the rationale for the SNURs on these chemical 
substances, see Units II. and V. of the proposed rule.

B. Objectives

    EPA is issuing these final SNURs for specific chemical substances 
that have undergone premanufacture review because the Agency wants to 
achieve the following objectives with regard to the significant new 
uses designated in this final rule:
     EPA will 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.
     EPA will 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.
     EPA will be able to regulate prospective manufacturers or 
processors of a listed chemical substance before the described 
significant new use of that chemical substance occurs, provided that 
regulation is warranted pursuant to TSCA section 5(e), 5(f), 6, or 7.
     EPA will ensure that all manufacturers and processors of 
the same chemical substance that is subject to a TSCA section 5(e) 
consent order are subject to similar requirements.
    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 http://www.epa.gov/opptintr/existingchemicals/pubs/tscainventory/index.html.

IV. Significant New Use Determination

    Section 5(a)(2) of TSCA states that EPA's determination that a use 
of a chemical substance is a significant new use must be made after 
consideration of all relevant factors, including:
     The projected volume of manufacturing and processing of a 
chemical substance.
     The extent to which a use changes the type or form of 
exposure of human beings or the environment to a chemical substance.
     The extent to which a use increases the magnitude and 
duration of exposure of human beings or the environment to a chemical 
substance.
     The reasonably anticipated manner and methods of 
manufacturing, processing, distribution in commerce, and disposal of a 
chemical substance.
    In addition to these factors enumerated in TSCA section 5(a)(2), 
the statute authorized EPA to consider any other relevant factors.
    To determine 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, 
likely human exposures and environmental releases associated with 
possible uses, taking into consideration the four bulleted TSCA section 
5(a)(2) factors listed in this unit.

V. Response to Comments on Proposed SNURs

    1. Comment: One commenter stated that given the number of chemical 
substances used in the automotive industry, the number of suppliers, 
and the complications involved with foreign suppliers it was not 
reasonable to have suppliers identify each chemical substance in their 
products, including chemical substances in articles, so that automakers 
would know if they were using chemicals that were subject to SNURs. The 
commenter also noted the further complication that with so many SNURs 
applicable to chemical substances with generic chemical identities, 
identifying the chemical substances subject to a SNUR was even more 
difficult. The commenter requested that EPA address this concern and 
provide guidance on what EPA's expectations are in terms of due 
diligence and future regulatory actions that depend on chemical 
identification through the supply chain.
    Response: EPA expects that if a company manufactures or processes 
chemical substances it will confirm whether those chemical substances 
are on the TSCA Inventory and if those chemical substances are subject 
to TSCA regulations, including SNURs. A company may do this by 
identifying each chemical and confirming its TSCA status. In cases 
where a company purchases chemical substances, including formulations 
with multiple chemical substances that may be only generically 
identified, an importer or processor may rely on their supplier to 
confirm the identity of a chemical substance or if a chemical substance 
is subject to a SNUR. According to 40 CFR 721.5(a)(2), manufacturers 
(including importers) and processors must notify customers if they 
distribute a chemical substance that is subject to a SNUR unless they 
can demonstrate that their customer either already knows about the SNUR 
or cannot undertake any significant new use designated in the SNUR. EPA 
recognizes that when a company imports a chemical substance into the 
United States, its foreign manufacturer or processor is not subject to 
the requirements of 40 CFR 721.5(a)(2) to notify the importer about 
whether the chemical substance is subject to a SNUR. Nonetheless, 
importers are subject to the requirements of TSCA section 5(a)(1) with 
respect to substances not on the TSCA Inventory or subject to an 
exemption, and must comply with any applicable SNURs. EPA expects that 
the importer would confirm the identity of chemical substances it is 
importing, if those chemical substances are on the TSCA Inventory, and 
whether they are subject to TSCA regulation including SNURs. In the 
case of chemical substances that are contained in an article, if the 
exemption of 40 CFR 721.45(f) is revoked then the person distributing 
that chemical substance in the article must, in accordance with 40 CFR 
721.5(a)(2), notify customers that a chemical substance in the article 
is subject to a SNUR.
    2. Comment: Two commenters suggested that SNURs should incorporate 
the requirements of 29 CFR 1910.134 the OSHA Respiratory Protection 
Standard. One of the commenters also stated that SNURs should be more 
explicit about following the requirements of OSHA regulations

[[Page 51902]]

including 29 CFR 1910.1200(h) the OSHA Hazard Communication Standard 
and 29 CFR 1910.120 the Hazardous Waste Operation and Emergency 
Response Standard.
    Response: SNURs identify significant new uses for chemical 
substances under TSCA section 5(a)(2). The requirements of 40 CFR 
721.63 (a)(4) already state that use of respirators must be according 
to OSHA's 29 CFR 1910.134, which includes language that engineering 
controls should be used as far as feasible to prevent exposures. For 
new chemical SNURs that identify new uses relating to establishing a 
written hazard communication standard according to 40 CFR 721.72, which 
includes one SNUR in this final rule, persons subject to the final rule 
may use the OSHA Hazard Communication Standard at 29 CFR 1910.1200 or 
another standard to comply with those significant new use requirements. 
EPA has identified significant new uses in this manner because it 
believes that its TSCA regulations do not supersede any applicable OSHA 
requirements. None of the SNURs in this final rule identify new uses 
relating to hazardous waste operation and emergency response.
    3. Comment: The same two commenters also suggested that EPA should 
adopt the National Institute of Occupational Safety and Health (NIOSH) 
Recommended Exposure Limit (REL) of 1 ug/m\3\ for carbon nanotubes 
(CNTs) as a New Chemical Exposure Limit (NCEL) for SNURs for carbon 
nanotubes.
    Response: When establishing a NCEL or other alternative exposure 
control, EPA will consider all available data including U.S. government 
policies and practices used to set occupational exposure limits. 
Because of the uncertainty surrounding the NIOSH REL of 1 [mu]g/m\3\ 
(as NIOSH noted in its final CNT bulletin, the REL is based on the 
current analytical limit of quantification and may not be preventative 
of all known health effects; see: http://www.cdc.gov/niosh/docs/2013-145/pdfs/2013-145.pdf), EPA will not adopt the NIOSH REL as a NCEL at 
this time because EPA cannot determine that potential exposures at the 
REL may not present an unreasonable risk. EPA will consider the final 
NIOSH REL or other alternative exposure controls for CNTs if a 
submission requesting such is made under 40 CFR 721.30. This would 
allow the submitter to send to EPA data in support of a proposed 
exposure level and to demonstrate a technique to comply with that 
level. EPA would then evaluate the proposal and data as described in 40 
CFR 721.30. See: http://www.epa.gov/oppt/newchems/pubs/consent-pdf/riskhhncel.pdf and http://www.epa.gov/oppt/newchems/pubs/ncelresp.pdf, 
which, respectively, are EPA's boilerplate TSCA section 5(e) consent 
order containing a NCEL and EPA's Response to Comments on NCELs in TSCA 
section 5(e) consent orders. These two documents contain additional 
information on EPA's approach to NCELs and developing techniques to 
comply with those requirements.
    4. Comment: One commenter stated that the proposed regulatory text 
language ``When determining which persons are reasonably likely to be 
exposed as required for Sec.  721.63(a)(1) and (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'' and the language that 
respirators ``meet the requirements of Sec.  721.63(a)(4)'' were 
confusing and that the second statement seemed to indicate that 
respirators alone were sufficient to address exposures. The commenter 
also suggested specific language changes to address that confusion and 
to incorporate use of an exposure limit.
    Response: SNURs that require a significant new use notification 
where certain respiratory protection is not used only require 
respiratory protection when workers are reasonably likely to be 
exposed. Manufacturers and processors subject to the SNUR must first 
determine if workers are reasonably likely to be exposed. When making 
that determination, the proposed language directs them to consider 
feasible engineering or administrative controls similar to OSHA 
requirements at 29 CFR 1910.134. If workers are still reasonably likely 
to be exposed then the required respirators meet the requirements of 40 
CFR 721.63(a)(4). Based on this explanation EPA does not think that the 
language is confusing or indicates that respirators alone are 
sufficient to address exposures. See also EPA's response to comment 10 
regarding control measures. EPA has adopted a minor change adding the 
suggested italicized language by the commenter ``. . . measures (e.g., 
workplace policies and procedures) shall be considered and implemented 
to prevent or reduce exposure . . .'' to make clearer that the 
requirements of 40 CFR 721.63(a)(4) are consistent with OSHA 
requirements. This change has been made in all SNURs in this rule with 
a ``protection in the workplace'' significant new use provision.
    5. Comment: One commenter also suggested that EPA should establish 
criteria and procedures for selecting, installing, and evaluating the 
performance of engineering controls and for training workers to use the 
exposure controls.
    Response: EPA requires personal protective equipment only for 
workers who are reasonably likely to be exposed, in order to prevent 
unreasonable risks. It should be noted that OSHA regulations only 
recommend but do not require specific engineering controls for existing 
chemical substances even when there are available methods for detecting 
those chemical substances and there are engineering controls known to 
prevent exposures. For new chemical substances, there is often no data 
on detection methods and limited data on which engineering controls 
prevent worker exposures in all situations. In addition, because new 
chemical substances have not previously been in commerce, there are no 
specific applicable exposure limits or protective equipment 
requirements under any other U.S. statute. EPA includes language in 
SNURs that require worker protection that also requires engineering 
controls and administrative controls where feasible. This requirement 
is consistent with OSHA regulations. EPA's approach at this time for 
evaluating engineering controls for chemical substances subject to 
SNURs are requests for alternative control measures--which includes 
requests to use the NCELs approach--as set out in 40 CFR 721.30.
    6. Comment: One commenter suggested that EPA consider new 
toxicology studies identified by NIOSH (see: http://blogs.cdc.gov/niosh-science-blog/2013/03/11/mwcnt) for CNTs and consider whether 
these effects should be considered as part of toxicology studies for 
CNTs.
    Response: EPA is reviewing those studies and will incorporate the 
findings of those studies to the extent appropriate when assessing the 
potential hazards of and when determining testing requirements and 
protocols for CNTs.
    7. Comment: One commenter suggested that other SNURs that have 
already been issued and will be issued should also address the issue of 
hierarchy of controls. The commenter described the best measures of a 
hierarchy of controls as: process changes, followed by engineering 
controls such as enclosure and local exhaust ventilation, 
administrative practices, and finally, personal protective equipment. 
Another commenter suggested that EPA should

[[Page 51903]]

undertake an interagency process with OSHA and NIOSH to ensure that 
SNUR regulations are consistent with OSHA standards and NIOSH 
recommendations and then modify existing SNURs and develop a template 
for future SNURs through rulemaking.
    Response: As EPA has previously stated in response to Comment 2, 
the requirements of 40 CFR 721.63(a)(4) already incorporate 
consideration of engineering controls when determining protection for 
workers from inhalation exposure as use of respirators must be 
according to OSHA 29 CFR 1910.134, which includes language that 
engineering controls should be used as far as feasible to prevent 
exposures. EPA has also added specific language to new SNURS to require 
engineering controls and administrative controls where feasible. EPA is 
currently in the process of developing revisions to existing SNUR 
regulations that will serve as a template for future SNURs and SNURs 
already issued. EPA will consult with NIOSH and OSHA during this 
process, as it has done previously when developing SNUR regulations for 
worker protection. These revisions would also be subject to public 
comments through notice and comment rulemaking.
    8. Comment: One commenter requested that EPA not finalize the SNUR 
for P-08-392, which is the SNUR at 40 CFR 721.10648, until a request to 
modify the TSCA section 5(e) consent order for that PMN substance was 
completed because the proposed changes to the TSCA section 5(e) consent 
order would not be consistent with the terms of the proposed SNUR.
    Response: After the comment was submitted, the PMN submitter 
withdrew the TSCA section 5(e) consent order modification request. 
Because the TSCA section 5(e) consent order modification is no longer 
being pursued by the PMN submitter and this chemical substance is on 
the TSCA Inventory, EPA is finalizing the SNUR as proposed. The terms 
of the SNUR are consistent with the TSCA section 5(e) consent order 
requirements.
    9. Comment: The commenter stated that the requirements of the SNUR 
for PMN P-10-545 and P-10-546, which is the SNUR at 40 CFR 721.10648, 
were inconsistent with the TSCA section 5(e) consent order. The 
proposed SNUR requires notification if there is manufacturing, 
processing, or use in a non-enclosed process. The commenter suggested 
that EPA make the SNUR consistent with the TSCA section 5(e) consent 
order by eliminating the notification requirements for non-enclosed 
processes, and adding notification requirements in the SNUR if the same 
respiratory protection requirements as in the TSCA section 5(e) consent 
order are not used. The commenter also suggested that EPA explicitly 
identify the use authorized under the TSCA section 5(e) consent order.
    Response: EPA agrees that the requirements of the TSCA section 5(e) 
consent order and SNUR should be consistent. In the final SNUR EPA has 
removed the notification requirements for non-enclosed processes and 
has included the notification requirements where respiratory protection 
is not used. EPA has also identified the use authorized under the 
consent order in the final SNUR.
    10. Comment: A commenter for the SNUR in 40 CFR 721.10643 requested 
that EPA expand on the completely reacted (cured) exemption in 
paragraph (a)(1) and that EPA include a de minimis exemption of 1.0% 
for worker protection requirements in paragraph (a)(2)(i). The 
commenter also asked EPA to clarify that the phrase ``engineering 
control measures (e.g., enclosure or confinement of the operation, 
general and local exhaust ventilation) or administrative control 
measures (e.g., workplace policies and procedures) shall be considered 
and implemented to prevent exposure, where feasible'' means if proper 
engineering controls are used to prevent exposure that respiratory 
protection is not needed.
    Response: The commenter did not supply any reason for the requested 
changes to the proposed SNUR. EPA will retain the completely reacted 
(cured) exemption language in paragraph (a)(1) as that language is 
consistent with the exemption language in the TSCA section 5(e) consent 
order that is the basis for the SNUR. EPA will add the de minimis 
exemption language for worker protection in paragraph (a)(2)(i), as 
that language is also consistent with the exemption in the TSCA section 
5(e) consent order. If a manufacturer or processor can demonstrate that 
workers are not reasonably likely to be exposed by inhalation through 
the use of engineering controls, respiratory protection would not be 
required by the TSCA section 5(e) consent order and, similarly, 
significant new use notification for using the substance without 
respiratory protection would not be required.
    11. Comment: One commenter stated that the PMN submitter of P-11-
155, which is the chemical substance in the proposed SNUR in 40 CFR 
721.10650, was in the process of conducting the recommended testing in 
the proposed SNUR to characterize the environmental effects of the PMN 
substance. The commenter also stated that the results of an acute 
Daphnia study had already been submitted to and reviewed by EPA and 
that the acute fish study would be conducted according to a protocol 
already reviewed by EPA. The commenter requested that EPA withdraw the 
proposed rule for 40 CFR 721.10650 and await the test results before 
deciding whether to propose a SNUR.
    Response: Because the recommended environmental toxicity testing is 
being conducted, EPA will not finalize the proposed SNUR at this time, 
but will decide on any further action at a later date based on test 
data results.
    12. Comment: EPA received five comments that supported the final 
rule, one comment that did not support any regulation, and one comment 
that wanted more regulation of toxic chemical substances in general. 
Some of the comments supporting the final rule discussed advantages and 
disadvantages of the SNUR rules and TSCA.
    Response: Because all of these comments did not address specific 
requirements of the proposed SNURs, EPA is not responding to them and 
is not making any changes to the SNURs as proposed.

VI. Applicability of Rule to Uses Occurring Before Effective Date of 
the Final Rule

    As discussed in the Federal Register of April 24, 1990 (55 FR 
17376), EPA has decided that the intent of TSCA section 5(a)(1)(B) is 
best served by designating a use as a significant new use as of the 
date of publication of the proposed rule rather than as of the 
effective date of the final rule. If uses begun after publication were 
considered ongoing rather than new, it would be difficult for EPA to 
establish SNUR notice requirements because a person could defeat the 
SNUR by initiating the significant new use before the rule became 
effective, and then argue that the use was ongoing before the effective 
date of the final rule.
    Any person who began commercial manufacture or processing of the 
specific chemical substances for any of the significant new uses 
designated in the proposed rule after the date of publication of the 
proposed rule must stop that activity before the effective date of this 
final rule. Persons who ceased those activities will have to meet all 
applicable SNUR notice requirements and wait until the end of the 
notice review period, including any extensions, before engaging in any 
activities designated as significant new uses.

[[Page 51904]]

    EPA has promulgated provisions to allow persons to comply with 
these SNURs before the effective date. If a person were to meet the 
conditions of advance compliance under 40 CFR[emsp14]721.45(h), the 
person would be considered to have met the requirements of this final 
SNUR for those activities.

VII. Test Data and Other Information

    EPA recognizes that TSCA section 5 does not require developing any 
particular test data before submission of a SNUN. The two exceptions 
are:
    1. Development of test data is required where the chemical 
substance subject to the SNUR is also subject to a test rule under TSCA 
section 4 (see TSCA section 5(b)(1)).
    2. Development of test data may be necessary where the chemical 
substance has been listed under TSCA section 5(b)(4) (see TSCA section 
5(b)(2)).
    In the absence of a TSCA section 4 test rule or a TSCA section 
5(b)(4) listing covering the chemical substance, persons are required 
only to submit test data in their possession or control and to describe 
any other data 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.
    In the TSCA section 5(e) consent orders for 17 of the chemical 
substances regulated under this final rule, EPA has established 
restrictions in view of the lack of data on the potential health and 
environmental risks that may be posed by the significant new uses or 
increased exposure to the chemical substances. These restrictions will 
not be removed until EPA determines that the unrestricted use will not 
present an unreasonable risk of injury or result in significant or 
substantial exposure or environmental release. This determination is 
usually made based on the results of the required or recommended 
toxicity tests.
    In cases where EPA issued a TSCA section 5(e) consent order that 
requires or recommends certain testing, Unit IV. of the proposed rule 
lists tests required or recommended in each of the TSCA section 5(e) 
consent orders underlying the proposed TSCA section 5(e) SNURs, and 
lists tests recommended for the chemical substances subject to the 
proposed TSCA non-section 5(e) SNURs. Descriptions of tests are 
provided for informational purposes. EPA strongly encourages persons, 
before performing any testing, to consult with the Agency pertaining to 
protocol selection.
    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.
     Potential benefits of the chemical substances.
     Information on risks posed by the chemical substances 
compared to risks posed by potential substitutes.

VIII. SNUN Submissions

    According to 40 CFR[emsp14]721.1(c), persons submitting a SNUN must 
comply with the same notice requirements and EPA regulatory procedures 
as persons submitting a PMN, including submission of test data on 
health and environmental effects as described in 40 CFR 720.50. SNUNs 
must be submitted on EPA Form No. 7710-25, generated using e-PMN 
software, and submitted to the Agency in accordance with the procedures 
set forth in 40 CFR[emsp14]721.25 and 720.40. E-PMN software is 
available electronically at http://www.epa.gov/opptintr/newchems.

IX. Economic Analysis

    EPA has evaluated the potential costs of establishing SNUN 
requirements for potential manufacturers and processors of the chemical 
substances during the development of the direct final rule. EPA's 
complete Economic Analysis is available in the docket under docket ID 
number EPA-HQ-OPPT-2012-0727.

X. Statutory and Executive Order Reviews

A. Executive Order 12866

    This final rule establishes SNURs for several new chemical 
substances that were the subject of PMNs and, in some cases, a TSCA 
section 5(e) consent order. The Office of Management and Budget (OMB) 
has exempted these types of actions from review under Executive Order 
12866, entitled ``Regulatory Planning and Review'' (58 FR 51735, 
October 4, 1993).

B. Paperwork Reduction Act

    According to the Paperwork Reduction Act (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 final rule. 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 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, 
Collection Strategies Division, Office of Environmental Information 
(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

    On February 18, 2012, EPA certified pursuant to section 605(b) of 
the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.), that 
promulgation of a SNUR does not have a significant economic impact on a 
substantial number of small entities where the following are true:
    1. A significant number of SNUNs would not be submitted by small 
entities in response to the SNUR.
    2. The SNUN submitted by any small entity would not cost 
significantly more than $8300.
    A copy of that certification is available in the docket for this 
rule.

[[Page 51905]]

    This rule is within the scope of the February 18, 2012 
certification. Based on the Economic Analysis discussed in Unit IX. and 
EPA's experience promulgating SNURs (discussed in the certification), 
EPA believes that the following are true:
     A significant number of SNUNs would not be submitted by 
small entities in response to the SNUR.
     Submission of the SNUN would not cost any small entity 
significantly more than $8300. Therefore, the promulgation of the SNUR 
would not have a significant economic impact on a substantial number of 
small entities.

D. Unfunded Mandates Reform Act

    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 final rule. 
As such, EPA has determined that this final rule does not impose any 
enforceable duty, contain any unfunded mandate, or otherwise have any 
effect on small governments subject to the requirements of sections 
202, 203, 204, or 205 of the Unfunded Mandates Reform Act of 1995 
(UMRA) (Pub. L. 104-4).

E. Executive Order 13132

    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

    This final rule does not have Tribal implications because it is not 
expected to have substantial direct effects on Indian Tribes. This 
final rule 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, entitled ``Consultation and Coordination with 
Indian Tribal Governments'' (65 FR 67249, November 9, 2000), do not 
apply to this final rule.

G. Executive Order 13045

    This action is not subject to Executive Order 13045, entitled 
``Protection of Children from Environmental Health Risks and Safety 
Risks'' (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

    This action is not subject to Executive Order 13211, entitled 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (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

    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.
    This action does not entail special considerations of environmental 
justice related issues as delineated by Executive Order 12898, entitled 
``Federal Actions to Address Environmental Justice in Minority 
Populations and Low-Income Populations'' (59 FR 7629, February 16, 
1994).

XI. Congressional Review Act (CRA)

    The Congressional Review Act, 5 U.S.C. 801 et seq., generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report to each House of the Congress and 
the Comptroller General of the United States. 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 final rule 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: August 20, 2014.
Maria J. Doa,
Director, Chemical Control Division, Office of Pollution Prevention and 
Toxics.

    Therefore, 40 CFR parts 9 and 721 are amended as follows:

PART 9--[AMENDED]

0
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.

0
2. The table in Sec.  9.1 is amended by adding the following sections 
in numerical order under the undesignated center heading ``Significant 
New Uses of Chemical Substances'' to read as follows:

Sec.  9.1  OMB approvals under the Paperwork Reduction Act.

* * * * *

------------------------------------------------------------------------
                   40 CFR citation                      OMB control No.
------------------------------------------------------------------------
 
                                * * * * *
------------------------------------------------------------------------
Significant New Uses of Chemical Substances.............................
------------------------------------------------------------------------
 
                                * * * * *
------------------------------------------------------------------------
721.10637............................................          2070-0012
721.10638............................................          2070-0012
721.10639............................................          2070-0012
721.10640............................................          2070-0012
721.10641............................................          2070-0012
721.10642............................................          2070-0012
721.10643............................................          2070-0012
721.10644............................................          2070-0012
721.10645............................................          2070-0012
721.10646............................................          2070-0012
721.10647............................................          2070-0012
721.10648............................................          2070-0012
721.10649............................................          2070-0012
721.10651............................................          2070-0012
721.10652............................................          2070-0012
721.10653............................................          2070-0012
721.10654............................................          2070-0012
721.10655............................................          2070-0012
721.10656............................................          2070-0012
721.10657............................................          2070-0012
721.10658............................................          2070-0012
721.10659............................................          2070-0012
721.10660............................................          2070-0012
 
                                * * * * *
------------------------------------------------------------------------

PART 721--[AMENDED]

0
3. The authority citation for part 721 continues to read as follows:

    Authority:  15 U.S.C. 2604, 2607, and 2625(c).

0
4. Add Sec.  721.10637 to subpart E to read as follows:

[[Page 51906]]

Sec.  721.10637  Substituted picolinate (generic).

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified generically as 
substituted picolinate (PMN P-00-835) 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) Release to water. Requirements as specified in Sec.  
721.90(a)(4), (b)(4), and (c)(4) (N=90).
    (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 Sec.  
721.125(a), (b), (c), and (k) are applicable to manufacturers and 
processors of this substance.
    (2) Limitations or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.

0
5. Add Sec.  721.10638 to subpart E to read as follows:

Sec.  721.10638  Lithium metal phosphate (generic).

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified generically as lithium 
metal phosphate (PMN P-02-167) 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) Release to water. Requirements as specified in Sec.  
721.90(a)(4), (b)(4), and (c)(4) (N=1).
    (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 Sec.  
721.125(a), (b), (c), and (k) are applicable to manufacturers and 
processors of this substance.
    (2) Limitations or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.

0
6. Add Sec.  721.10639 to subpart E to read as follows:

Sec.  721.10639  Siloxanes and Silicones, di-Me, polymers with Ph 
silsesquioxanes, hydrolyzed, reaction products with 2-[[3-
(trimethoxysilyl)propoxy]methyl]oxirane.

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified as siloxanes and 
silicones, di-Me, polymers with Ph silsesquioxanes, hydrolyzed, 
reaction products with 2-[[3-(trimethoxysilyl)propoxy]methyl]oxirane 
(PMN P-02-668; CAS No. 478823-10-8) 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) Protection in the workplace. Requirements as specified in Sec.  
721.63(a)(1), (a)(2)(i), (a)(3), (a)(4), (a)(6)(v), (b) (concentration 
set at 0.1 percent), and (c). When determining which persons are 
reasonably likely to be exposed as required for Sec.  721.63(a)(1) and 
(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 or reduce exposure, where feasible. The 
following National Institute for Occupational Safety and Health 
(NIOSH)-certified respirators with an assigned protection factor (APF) 
of at least 10 meet the requirements of Sec.  721.63(a)(4):
    (A) NIOSH-certified air-purifying, tight-fitting half-face 
respirator equipped with N100 (if oil aerosols absent), R100, or P100 
filters;
    (B) NIOSH-certified air-purifying, tight-fitting full-face 
respirator equipped with N100 (if oil aerosols absent), R100, or P100 
filters;
    (C) NIOSH-certified powered air-purifying respirator equipped with 
a loose-fitting hood or helmet and high efficiency particulate air 
(HEPA) filters;
    (D) NIOSH-certified powered air-purifying respirator equipped with 
a tight-fitting facepiece (either half-face or full-face) and HEPA 
filters; and
    (E) NIOSH-certified supplied-air respirator operated in pressure 
demand or continuous flow mode and equipped with a hood or helmet, or 
tight-fitting facepiece (either half-face or full-face).
    (ii) Industrial, commercial, and consumer activities. Requirements 
as specified in Sec.  721.80(o).
    (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 Sec.  
721.125(a), (b), (c), (d), (e), and (i) are applicable to manufacturers 
and processors of this substance.
    (2) Limitations or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.

0
7. Add Sec.  721.10640 to subpart E to read as follows:

Sec.  721.10640  1,2-Cyclohexanedicarboxylic acid, 1-(2-ethylhexyl) 2-
(2-methylpropyl) ester.

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified as 1,2-
cyclohexanedicarboxylic acid, 1-(2-ethylhexyl) 2-(2-methylpropyl) ester 
(PMN P-03-135; CAS No. 252958-29-5) 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) Release to water. Requirements as specified in Sec.  
721.90(a)(4), (b)(4), and (c)(4) (N=1)
    (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 Sec.  
721.125(a), (b), (c), and (k) are applicable to manufacturers and 
processors of this substance.
    (2) Limitations or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.

0
8. Add Sec.  721.10641 to subpart E to read as follows:

Sec.  721.10641  Phenol and vinyltoluene based hydrocarbon resin 
(generic).

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified generically as phenol 
and vinyltoluene based hydrocarbon resin (PMN P-03-255) 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) Release to water. Requirements as specified in Sec.  
721.90(a)(4), (b)(4), and (c)(4) (N=1).
    (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 Sec.  
721.125(a), (b), (c), and (k) are applicable to manufacturers and 
processors of this substance.
    (2) Limitations or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.

0
9. Add Sec.  721.10642 to subpart E to read as follows:

Sec.  721.10642  Modified polyisocyanates (generic).

    (a) Chemical substance and significant new uses subject to 
reporting.

[[Page 51907]]

(1) The chemical substances identified generically as modified 
polyisocyanates (PMNs P-03-762 and P-03-763) are 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 Sec.  
721.63(a)(1), (a)(2)(i), (a)(3), (b) (concentration set at 0.1 
percent), and (c).
    (ii) Industrial, commercial, and consumer activities. Requirements 
as specified in Sec.  721.80 (f), (o), and (y)(l).
    (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 Sec.  
721.125(a), (b), (c), (d), (e), and (i) are applicable to manufacturers 
and processors of these substances.
    (2) Limitations or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.

0
10. Add Sec.  721.10643 to subpart E to read as follows:

Sec.  721.10643  Diisocyanate terminated polycarbodiimide (generic).

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified generically as 
diisocyanate terminated polycarbodiimide (PMN P-04-640) is subject to 
reporting under this section for the significant new uses described in 
paragraph (a)(2) of this section. The requirements of this section do 
not apply to quantities of the PMN substance that have been completely 
reacted (cured).
    (2) The significant new uses are:
    (i) Protection in the workplace. Requirements as specified in Sec.  
721.63(a)(1), (a)(3), (a)(4), and (a)(6)(ii). When determining which 
persons are reasonably likely to be exposed as required for Sec.  
721.63(a)(1) and (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 or reduce 
exposure, where feasible. A National Institute for Occupational Safety 
and Health (NIOSH)-certified supplied-air respirator operated in 
pressure demand or other positive pressure mode and equipped with a 
tight-fitting full facepiece with an assigned protection factor (APF) 
of at least 2,000 meets the minimum requirements Sec.  721.63(a)(4). As 
an alternative to the respiratory requirements listed here, a 
manufacturer or processor may choose to follow the new chemical 
exposure limit (NCEL) provisions listed in the TSCA section 5(e) 
consent order for this substance. The NCEL is 0.05 milligram/meter 
cubed (mg/m\3\). Persons whose Sec.  721.30 requests to use the NCELs 
approach are approved by EPA will receive NCELs provisions comparable 
to those contained in the corresponding TSCA section 5(e) consent 
order.
    (ii) Hazard communication program. Requirements as specified in 
Sec.  721.72(a), (b), (c), (d), (f), (g)(1)(i), (g)(1)(ii), (g)(2)(i), 
(g)(2)(ii), (g)(2)(iii), (g)(2)(iv) (use respiratory protection or 
maintain airborne concentrations at or below an 8-hour time-weighted 
average of 0.05 mg/m\3\), (g)(2)(v), and (g)(5).
    (iii) Industrial, commercial, and consumer activities. Requirements 
as specified in Sec.  721.80(o).
    (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 Sec.  
721.125(a) through (i) are applicable to manufacturers and processors 
of this substance.
    (2) Limitations or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.

0
11. Add Sec.  721.10644to subpart E to read as follows:

Sec.  721.10644  Reaction product of aluminum hydroxide and modified 
alkoxysilane (generic).

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified generically as 
reaction product of aluminum hydroxide and modified alkoxysilane (PMN 
P-07-553) 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 Sec.  
721.63(a)(4), (a)(6)(i), (b) (concentrations set at 0.1 percent), and 
(c). When determining which persons are reasonably likely to be exposed 
as required for Sec.  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 
or reduce exposure, where feasible. The following National Institute 
for Occupational Safety and Health (NIOSH)-certified respirators with 
an assigned protection factor (APF) of at least 10 meet the 
requirements of Sec.  721.63(a)(4):
    (A) NIOSH-certified air-purifying, tight-fitting half-face 
respirator equipped with N100 (if oil aerosols absent), R100, or P100 
filters;
    (B) NIOSH-certified air-purifying, tight-fitting full-face 
respirator equipped with N100 (if oil aerosols absent), R100, or P100 
filters;
    (C) NIOSH-certified powered air-purifying respirator equipped with 
a loose- fitting hood or helmet and high efficiency particulate air 
(HEPA) filters;
    (D) NIOSH-certified powered air-purifying respirator equipped with 
a tight-fitting facepiece (either half-face or full-face) and HEPA 
filters; and
    (E) NIOSH-certified supplied-air respirator operated in pressure 
demand or continuous flow mode and equipped with a hood or helmet, or 
tight-fitting facepiece (either half-face or full-face).
    (ii) Industrial, commercial, and consumer activities. Requirements 
as specified in Sec.  721.80(s) (100,000 kilograms).
    (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 Sec.  
721.125(a), (b), (c), (d), and (i) are applicable to manufacturers and 
processors of this substance.
    (2) Limitations or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.
0
12. Add Sec.  721.10645 to subpart E to read as follows:

Sec.  721.10645  Multi-walled carbon nanotube (generic) (P-08-0392).

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified generically as multi-
walled carbon nanotube (PMN P-08-392) is subject to reporting under 
this section for the significant new uses described in paragraph (a)(2) 
of this section. The requirements of this section do not apply to 
quantities of the PMN substance that have been completely reacted 
(cured); incorporated or embedded into a polymer matrix that itself has 
been completely reacted (cured); or embedded in a permanent solid 
polymer form that is not intended to undergo further processing except 
for mechanical processing.
    (2) The significant new uses are:
    (i) Protection in the workplace. Requirements as specified in Sec.  
721.63(a)(1), (a)(2)(i), (a)(2)(ii), (a)(3), (a)(4), and (a)(6) 
(particulate, including

[[Page 51908]]

solids or liquid droplets). When determining which persons are 
reasonably likely to be exposed as required for Sec.  721.63(a)(1) and 
(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 or reduce exposure, where feasible. A 
National Institute for Occupational Safety and Health (NIOSH)-certified 
air-purifying, tight-fitting full-face respirator equipped with N100 
filters with an assigned protection factor (APF) of at least 50 meet 
the minimum requirements of Sec.  721.63(a)(4).
    (ii) Industrial, commercial, and consumer activities. Requirements 
as specified in Sec.  721.80(f), (k), and (q) (within 18 months of 
commencing non-exempt commercial manufacture).
    (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 Sec.  
721.125(a), (b), (c), (d), (e), and (i) are applicable to manufacturers 
and processors of this substance.
    (2) Limitations or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.
    (3) Determining whether a specific use is subject to this section. 
The provisions of Sec.  721.1725(b)(1) apply to paragraph (a)(2)(ii) of 
this section.

0
13. Add Sec.  721.10646 to subpart E to read as follows:

Sec.  721.10646  Multi-wall carbon nanotubes (generic) (P-09-257).

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified generically as multi-
wall carbon nanotubes (PMN P-09-257) is subject to reporting under this 
section for the significant new uses described in paragraph (a)(2) of 
this section. The requirements of this section do not apply to 
quantities of the PMN substance that have been completely reacted 
(cured); incorporated or embedded into a polymer matrix that itself has 
been completely reacted (cured); embedded in a permanent solid polymer 
form that is not intended to undergo further processing except for 
mechanical processing; or incorporated into an article as defined at 
Sec.  721.3(c).
    (2) The significant new uses are:
    (i) Protection in the workplace. Requirements as specified in Sec.  
721.63(a)(1), (a)(2)(i), (a)(2)(ii), (a)(3), (a)(4), and (a)(6) 
(particulate, including solids or liquid droplets). When determining 
which persons are reasonably likely to be exposed as required for Sec.  
721.63 (a)(1) and (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 or reduce 
exposure, where feasible. A National Institute for Occupational Safety 
and Health (NIOSH)-certified air-purifying, tight-fitting full-face 
respirator equipped with N100 filters with an assigned protection 
factor (APF) of at least 50 meets the minimum requirements of Sec.  
721.63(a)(4).
    (ii) Industrial, commercial, and consumer activities. Requirements 
as specified in Sec.  721.80(f), (k), and (q).
    (iii) Release to water. Requirements as specified in Sec.  
721.90(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 Sec.  
721.125(a), (b), (c), (d), (e), (i), and (k) are applicable to 
manufacturers and processors of this substance.
    (2) Limitations or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.
    (3) Determining whether a specific use is subject to this section. 
The provisions of Sec.  721.1725(b)(1) apply to paragraph (a)(2)(ii) of 
this section.

0
14. Add Sec.  721.10647 to subpart E to read as follows:

Sec.  721.10647  Multi-walled carbon nanofibers (generic).

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified generically as multi-
walled carbon nanofibers (PMNs P-10-115, P-10-116, P-10-117, P-10-118, 
P-10-119, P-10-120, P-10-121, P-10-122, P-10-123, P-10-124, P-10-125, 
and P-10-126) are subject to reporting under this section for the 
significant new uses described in paragraph (a)(2) of this section. The 
requirements of this rule do not apply to quantities of the PMN 
substances after they have been completely reacted (cured); 
incorporated or embedded into a polymer matrix that itself has been 
reacted (cured); embedded into a permanent solid polymer form that is 
not intended to undergo further processing except for mechanical 
processing; or incorporated into an article as defined at 40 CFR 
720.3(c).
    (2) The significant new uses are:
    (i) Protection in the workplace. Requirements as specified in Sec.  
721.63(a)(1), (a)(2)(i), (a)(2)(ii), (a)(3), (a)(4), and (a)(6)(i). 
When determining which persons are reasonably likely to be exposed as 
required for Sec.  721.63(a)(1) and (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 
or reduce exposure, where feasible. A National Institute for 
Occupational Safety and Health (NIOSH)-certified air-purifying, tight-
fitting full-face respirator equipped with N100 filters with an 
assigned protection factor (APF) of at least 50 meets the minimum 
requirements of Sec.  721.63(a)(4).
    (ii) Industrial, commercial, and consumer activities. Requirements 
as specified in Sec.  721.80(k) (electrical and thermal conductivity 
additive in encapsulated thermoplastics, thermosets, elastomers, glass, 
metals, and ceramics; mechanical reinforcement additive in encapsulated 
thermoplastics, thermosets, elastomers, glass, metals, and ceramics; 
energy storage additive; or chemical intermediate), (l), and (q).
    (iii) Release to water. Requirements as specified in Sec.  
721.90(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 Sec.  
721.125(a), (b), (c), (d), (e), (i), and (k) are applicable to 
manufacturers and processors of these substances.
    (2) Limitations or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.
    (3) Determining whether a specific use is subject to this section. 
The provisions of Sec.  721.1725(b)(1) apply to paragraph (a)(2)(ii) of 
this section.

0
15. Add Sec.  721.10648 to subpart E to read as follows:

Sec.  721.10648  Modified lithium iron phosphates (generic).

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substances identified generically as 
modified lithium iron phosphates (PMNs P-10-545 and P-10-546) are 
subject to reporting under this section for the significant new uses 
described in paragraph (a)(2) of this section. The requirements of this 
rule do not apply to quantities of the PMN substances after they have 
been completely reacted (cured), embedded

[[Page 51909]]

or incorporated into a polymer matrix that has been reacted (cured), or 
embedded in a permanent solid polymer form that is not intended to 
undergo further processing, except mechanical.
    (2) The significant new uses are:
    (i) Protection in the workplace. Requirements as specified in Sec.  
721.63(a)(4) and (a)(6)(i). When determining which persons are 
reasonably likely to be exposed as required for Sec.  721.63(a)(1) and 
(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 or reduce exposure, where feasible. A 
National Institute for Occupational Safety and Health (NIOSH)-certified 
air-purifying, tight-fitting full-face respirator equipped with N100 
cartridges meets the minimum requirements of Sec.  721.63(a)(4).
    (ii) Industrial, commercial, and consumer activities. Requirements 
as specified in Sec.  721.80(k) (battery electrode components, 
contained use) and (q).
    (iii) Release to water. Requirements as specified in Sec.  
721.90(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 Sec.  
721.125(a), (b), (c), (i), and (k) are applicable to manufacturers and 
processors of these substances.
    (2) Limitations or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.
    (3) Determining whether a specific use is subject to this section. 
The provisions of Sec.  721.1725(b)(1) apply to paragraph (a)(2)(i) of 
this section.

0
16. Add Sec.  721.10649 to subpart E to read as follows:

Sec.  721.10649  MDI modified polyalkylene glycol adipate polyester 
(generic).

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified generically as MDI 
modified polyalkylene glycol adipate polyester (PMN P-11-115) 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 Sec.  
721.63(a)(4), (a)(6)(i), (a)(6)(ii), (a)(6)(v), (b) (concentration set 
at 0.1 percent), and (c). When determining which persons are reasonably 
likely to be exposed as required for Sec.  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 or reduce exposure, where feasible. The 
following National Institute for Occupational Safety and Health 
(NIOSH)-certified respirators with an assigned protection factor (APF) 
of at least 10 meet the requirements of Sec.  721.63(a)(4):
    (A) NIOSH-certified air-purifying, tight-fitting half-face 
respirator equipped with N100 (if oil aerosols absent), R100, or P100 
filters;
    (B) NIOSH-certified air-purifying, tight-fitting full-face 
respirator equipped with N100 (if oil aerosols absent), R100, or P100 
filters;
    (C) NIOSH-certified powered air-purifying respirator equipped with 
a loose- fitting hood or helmet and high efficiency particulate air 
(HEPA) filters;
    (D) NIOSH-certified powered air-purifying respirator equipped with 
a tight-fitting facepiece (either half-face or full-face) and HEPA 
filters; and
    (E) NIOSH-certified supplied-air respirator operated in pressure 
demand or continuous flow mode and equipped with a hood or helmet, or 
tight-fitting facepiece (either half-face or full-face).
    (ii) Industrial, commercial, and consumer activities. Requirements 
as specified in Sec.  721.80(o).
    (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 Sec.  
721.125(a), (b), (c), (d), and (i) are applicable to manufacturers and 
processors of this substance.
    (2) Limitations or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.

0
17. Add Sec.  721.10651 to subpart E to read as follows:

Sec.  721.10651  Carbide derived nanocarbon (generic).

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified generically as carbide 
derived nanocarbon (PMN P-11-290) 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 Sec.  721.80(j) (manufacture of the substance by the 
method described in the premanufacture notice).
    (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 Sec.  
721.125(a), (b), (c), and (i) are applicable to manufacturers and 
processors of this substance.
    (2) Limitations or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.
    (3) Determining whether a specific use is subject to this section. 
The provisions of Sec.  721.1725(b)(1) apply to paragraph (a)(2)(i) of 
this section.

0
18. Add Sec.  721.10652 to subpart E to read as follows:

Sec.  721.10652  Hexanedioic acid, polymer with polyether polyol, 1,1'-
methylenebis[4-isocyanatobenzene] and dihydroxydialkyl ether (generic).

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified generically as 
hexanedioic acid, polymer with polyether polyol, 1,1'-methylenebis[4-
isocyanatobenzene] and dihydroxydialkyl ether (PMN P-11-309) 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 Sec.  
721.63(a)(4), (a)(6)(i), (a)(6)(ii), (a)(6)(v), (b) (concentration set 
at 0.1 percent), and (c). When determining which persons are reasonably 
likely to be exposed as required for Sec.  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 or reduce exposure, where feasible. The 
following National Institute for Occupational Safety and Health 
(NIOSH)-certified respirators with an assigned protection factor (APF) 
of at least 10 meet the requirements of Sec.  721.63(a)(4):
    (A) NIOSH-certified air-purifying, tight-fitting half-face 
respirator equipped with N100 (if oil aerosols absent), R100, or P100 
filters;
    (B) NIOSH-certified air-purifying, tight-fitting full-face 
respirator equipped with N100 (if oil aerosols absent), R100, or P100 
filters;
    (C) NIOSH-certified powered air-purifying respirator equipped with 
a

[[Page 51910]]

loose-fitting hood or helmet and high efficiency particulate air (HEPA) 
filters;
    (D) NIOSH-certified powered air-purifying respirator equipped with 
a tight-fitting facepiece (either half-face or full-face) and HEPA 
filters; and
    (E) NIOSH-certified supplied-air respirator operated in pressure 
demand or continuous flow mode and equipped with a hood or helmet, or 
tight-fitting facepiece (either half-face or full-face).
    (ii) Industrial, commercial, and consumer activities. Requirements 
as specified in Sec.  721.80(o).
    (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 Sec.  
721.125(a), (b), (c), (d), and (i) are applicable to manufacturers and 
processors of this substance.
    (2) Limitations or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.

0
19. Add Sec.  721.10653 to subpart E to read as follows:

Sec.  721.10653  Hexanedioic acid, polymer with .alpha.-hydro-.omega.-
hydroxypoly[oxy(methyl-1,2-ethanediyl)],1,1'-methylenebis[4-
isocyanatobenzene], dihydroxydialkyl ether and dialkanol ether 
(generic).

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified generically as 
hexanedioic acid, polymer with .alpha.-hydro-.omega.-
hydroxypoly[oxy(methyl-1,2-ethanediyl)],1,1'-methylenebis[4-
isocyanatobenzene], dihydroxydialkyl ether and dialkanol ether (PMN P-
09-311) 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 Sec.  
721.63(a)(4), (a)(6)(i), (a)(6)(ii), (a)(6)(v), (b) (concentration set 
at 0.1 percent), and (c). When determining which persons are reasonably 
likely to be exposed as required for Sec.  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 or reduce exposure, where feasible. The 
following National Institute for Occupational Safety and Health 
(NIOSH)-certified respirators with an assigned protection factor (APF) 
of at least 10 meet the requirements of Sec.  721.63(a)(4):
    (A) NIOSH-certified air-purifying, tight-fitting half-face 
respirator equipped with N100 (if oil aerosols absent), R100, or P100 
filters;
    (B) NIOSH-certified air-purifying, tight-fitting full-face 
respirator equipped with N100 (if oil aerosols absent), R100, or P100 
filters;
    (C) NIOSH-certified powered air-purifying respirator equipped with 
a loose-fitting hood or helmet and high efficiency particulate air 
(HEPA) filters;
    (D) NIOSH-certified powered air-purifying respirator equipped with 
a tight-fitting facepiece (either half-face or full-face) and HEPA 
filters; and
    (E) NIOSH-certified supplied-air respirator operated in pressure 
demand or continuous flow mode and equipped with a hood or helmet, or 
tight-fitting facepiece (either half-face or full-face).
    (ii) Industrial, commercial, and consumer activities. Requirements 
as specified in Sec.  721.80(o).
    (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 Sec.  
721.125 (a), (b), (c), (d), and (i) are applicable to manufacturers and 
processors of this substance.
    (2) Limitations or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.
0
20. Add Sec.  721.10654 to subpart E to read as follows:

Sec.  721.10654  Hexanedioic acid, polymer with .alpha.-hydro-.omega.-
hydroxypoly[oxy(methyl-1,2-ethanediyl)],1,1'-
methylenebis[isocyanatobenzene], dihydroxydialkyl ether and dialkanol 
ether (generic).

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified generically as 
hexanedioic acid, polymer with .alpha.-hydro-.omega.-
hydroxypoly[oxy(methyl-1,2-ethanediyl)],1,1'-
methylenebis[isocyanatobenzene], dihydroxydialkyl ether and dialkanol 
ether (PMN P-11-312) 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 Sec.  
721.63(a)(4), (a)(6)(i), (a)(6)(ii), (a)(6)(v), (b) (concentration set 
at 0.1 percent), and (c). When determining which persons are reasonably 
likely to be exposed as required for Sec.  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 or reduce exposure, where feasible. The 
following National Institute for Occupational Safety and Health 
(NIOSH)-certified respirators with an assigned protection factor (APF) 
of at least 10 meet the requirements of Sec.  721.63(a)(4):
    (A) NIOSH-certified air-purifying, tight-fitting half-face 
respirator equipped with N100 (if oil aerosols absent), R100, or P100 
filters;
    (B) NIOSH-certified air-purifying, tight-fitting full-face 
respirator equipped with N100 (if oil aerosols absent), R100, or P100 
filters;
    (C) NIOSH-certified powered air-purifying respirator equipped with 
a loose-fitting hood or helmet and high efficiency particulate air 
(HEPA) filters;
    (D) NIOSH-certified powered air-purifying respirator equipped with 
a tight-fitting facepiece (either half-face or full-face) and HEPA 
filters; and
    (E) NIOSH-certified supplied-air respirator operated in pressure 
demand or continuous flow mode and equipped with a hood or helmet, or 
tight-fitting facepiece (either half-face or full-face).
    (ii) Industrial, commercial, and consumer activities. Requirements 
as specified in Sec.  721.80(o).
    (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 Sec.  
721.125(a), (b), (c), (d), and (i) are applicable to manufacturers and 
processors of this substance.
    (2) Limitations or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.

0
21. Add Sec.  721.10655 to subpart E to read as follows:

Sec.  721.10655  Hexanedioic acid, polymer with .alpha.-hydro-.omega.-
hydroxypoly[oxy(methyl-1,2-ethanediyl)],1,1'-methylenebis[4-
isocyanatobenzene], dihydroxydialkyl ether, reaction products with 
dialkylcarbinol (generic).

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified generically as 
hexanedioic acid, polymer with .alpha.-hydro-.omega.-
hydroxypoly[oxy(methyl-1,2-ethanediyl)],1,1'-methylenebis[4-
isocyanatobenzene], dihydroxydialkyl

[[Page 51911]]

ether, reaction products with dialkylcarbinol (PMN P-11-313) 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 Sec.  
721.63(a)(4), (a)(6)(i), (a)(6)(ii), (a)(6)(v), (b) (concentration set 
at 0.1 percent), and (c). When determining which persons are reasonably 
likely to be exposed as required for Sec.  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 or reduce exposure, where feasible. The 
following National Institute for Occupational Safety and Health 
(NIOSH)-certified respirators with an assigned protection factor (APF) 
of at least 10 meet the requirements of Sec.  721.63(a)(4):
    (A) NIOSH-certified air-purifying, tight-fitting half-face 
respirator equipped with N100 (if oil aerosols absent), R100, or P100 
filters;
    (B) NIOSH-certified air-purifying, tight-fitting full-face 
respirator equipped with N100 (if oil aerosols absent), R100, or P100 
filters;
    (C) NIOSH-certified powered air-purifying respirator equipped with 
a loose-fitting hood or helmet and high efficiency particulate air 
(HEPA) filters;
    (D) NIOSH-certified powered air-purifying respirator equipped with 
a tight-fitting facepiece (either half-face or full-face) and HEPA 
filters; and
    (E) NIOSH-certified supplied-air respirator operated in pressure 
demand or continuous flow mode and equipped with a hood or helmet, or 
tight-fitting facepiece (either half-face or full-face).
    (ii) Industrial, commercial, and consumer activities. Requirements 
as specified in Sec.  721.80(o).
    (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 Sec.  
721.125(a), (b), (c), (d), and (i) are applicable to manufacturers and 
processors of this substance.
    (2) Limitations or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.
0
22. Add Sec.  721.10656 to subpart E to read as follows:

Sec.  721.10656  Hexanedioic acid, polymer with .alpha.-hydro-.omega.-
hydroxypoly[oxy(methyl-1,2-ethanediyl)],1,1'-methylenebis[4-
isocyanatobenzene], dihydroxydialkyl ether reaction products with 
dialkylcarbinol (generic).

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified generically as 
hexanedioic acid, polymer with .alpha.-hydro-.omega.-
hydroxypoly[oxy(methyl-1,2-ethanediyl)],1,1'-methylenebis[4-
isocyanatobenzene], dihydroxydialkyl ether reaction products with 
dialkylcarbinol (PMN P-11-314) 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 Sec.  
721.63(a)(4), (a)(6)(i), (a)(6)(ii), (a)(6)(v), (b)(concentration set 
at 0.1 percent), and (c). When determining which persons are reasonably 
likely to be exposed as required for Sec.  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 or reduce exposure, where feasible. The 
following National Institute for Occupational Safety and Health 
(NIOSH)-certified respirators with an assigned protection factor (APF) 
of at least 10 meet the requirements of Sec.  721.63(a)(4):
    (A) NIOSH-certified air-purifying, tight-fitting half-face 
respirator equipped with N100 (if oil aerosols absent), R100, or P100 
filters;
    (B) NIOSH-certified air-purifying, tight-fitting full-face 
respirator equipped with N100 (if oil aerosols absent), R100, or P100 
filters;
    (C) NIOSH-certified powered air-purifying respirator equipped with 
a loose-fitting hood or helmet and high efficiency particulate air 
(HEPA) filters;
    (D) NIOSH-certified powered air-purifying respirator equipped with 
a tight-fitting facepiece (either half-face or full-face) and HEPA 
filters; and
    (E) NIOSH-certified supplied-air respirator operated in pressure 
demand or continuous flow mode and equipped with a hood or helmet, or 
tight-fitting facepiece (either half-face or full-face).
    (ii) Industrial, commercial, and consumer activities. Requirements 
as specified in Sec.  721.80(o).
    (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 Sec.  
721.125(a), (b), (c), (d), and (i) are applicable to manufacturers and 
processors of this substance.
    (2) Limitations or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.

0
23. Add Sec.  721.10657 to subpart E to read as follows:

Sec.  721.10657  Castor oil, polymer with hydrogenated vegetable oil, 
1,1'-methylenebis[isocyanatobenzene] and isocyanate (generic).

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified generically as castor 
oil, polymer with hydrogenated vegetable oil, 1,1'-
methylenebis[isocyanatobenzene] and isocyanate (PMN P-12-73) 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 Sec.  
721.63(a)(4), (a)(6)(i), (a)(6)(ii), (a)(6)(v), (b) (concentration set 
at 0.1 percent), and (c). When determining which persons are reasonably 
likely to be exposed as required for Sec.  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 or reduce exposure, where feasible. The 
following National Institute for Occupational Safety and Health 
(NIOSH)-certified respirators with an assigned protection factor (APF) 
of at least 10 meet the requirements of Sec.  721.63(a)(4):
    (A) NIOSH-certified air-purifying, tight-fitting half-face 
respirator equipped with N100 (if oil aerosols absent), R100, or P100 
filters;
    (B) NIOSH-certified air-purifying, tight-fitting full-face 
respirator equipped with N100 (if oil aerosols absent), R100, or P100 
filters;
    (C) NIOSH-certified powered air-purifying respirator equipped with 
a loose-fitting hood or helmet and high efficiency particulate air 
(HEPA) filters;
    (D) NIOSH-certified powered air-purifying respirator equipped with 
a tight-fitting facepiece (either half-face or full-face) and HEPA 
filters; and
    (E) NIOSH-certified supplied-air respirator operated in pressure 
demand or continuous flow mode and equipped with a hood or helmet, or 
tight-fitting facepiece (either half-face or full-face).

[[Page 51912]]

    (ii) Industrial, commercial, and consumer activities. Requirements 
as specified in Sec.  721.80(o).
    (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 Sec.  
721.125(a), (b), (c), (d), and (i) are applicable to manufacturers and 
processors of this substance.
    (2) Limitations or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.

0
24. Add Sec.  721.10658 to subpart E to read as follows:

Sec.  721.10658  2-Oxepanone, polymer with 1,6-diisocyanatohexane, 2,2-
dimethyl-1,3-propanediol and 2,2'-oxybis[ethanol].

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified as 2-oxepanone, 
polymer with 1,6-diisocyimatohexane, 2,2-dimethyl-1,3-propanediol and 
2,2'-oxybis[ethanol] (PMN P-12-133; CAS No. 1313708-90-5) 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 Sec.  
721.63(a)(4), (a)(6)(i), (a)(6)(ii), (a)(6)(v), (b) (concentration set 
at 0.1 percent), and (c). When determining which persons are reasonably 
likely to be exposed as required for Sec.  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 or reduce exposure, where feasible. The 
following National Institute for Occupational Safety and Health 
(NIOSH)-certified respirators with an assigned protection factor (APF) 
of at least 10 meet the requirements of Sec.  721.63(a)(4):
    (A) NIOSH-certified air-purifying, tight-fitting half-face 
respirator equipped with N100 (if oil aerosols absent), R100, or P100 
filters;
    (B) NIOSH-certified air-purifying, tight-fitting full-face 
respirator equipped with N100 (if oil aerosols absent), R100, or P100 
filters;
    (C) NIOSH-certified powered air-purifying respirator equipped with 
a loose-fitting hood or helmet and high efficiency particulate air 
(HEPA) filters;
    (D) NIOSH-certified powered air-purifying respirator equipped with 
a tight-fitting facepiece (either half-face or full-face) and HEPA 
filters; and
    (E) NIOSH-certified supplied-air respirator operated in pressure 
demand or continuous flow mode and equipped with a hood or helmet, or 
tight-fitting facepiece (either half-face or full-face).
    (ii) Industrial, commercial, and consumer activities. Requirements 
as specified in Sec.  721.80(o).
    (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 Sec.  
721.125(a), (b), (c), (d), and (i) are applicable to manufacturers and 
processors of this substance.
    (2) Limitations or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.

0
25. Add Sec.  721.10659 to subpart E to read as follows:

Sec.  721.10659  Poly(oxy-1,4-butanediyl), -hydro-hydroxy-, polymer 
with alkyldiisocyanates (generic).

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified generically as 
poly(oxy-1,4-butanediyl), -hydro-hydroxy-, polymer with 
alkyldiisocyanates (PMN P-12-143) 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 Sec.  
721.63(a)(4), (a)(6)(i), (a)(6)(ii), (a)(6)(v), (b) (concentration set 
at 0.1 percent), and (c). When determining which persons are reasonably 
likely to be exposed as required for Sec.  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 or reduce exposure, where feasible. The 
following National Institute for Occupational Safety and Health 
(NIOSH)-certified respirators with an assigned protection factor (APF) 
of at least 10 meet the requirements of Sec.  721.63(a)(4):
    (A) NIOSH-certified air-purifying, tight-fitting half-face 
respirator equipped with N100 (if oil aerosols absent), R100, or P100 
filters;
    (B) NIOSH-certified air-purifying, tight-fitting full-face 
respirator equipped with N100 (if oil aerosols absent), R100, or P100 
filters;
    (C) NIOSH-certified powered air-purifying respirator equipped with 
a loose-fitting hood or helmet and high efficiency particulate air 
(HEPA) filters;
    (D) NIOSH-certified powered air-purifying respirator equipped with 
a tight-fitting facepiece (either half-face or full-face) and HEPA 
filters; and
    (E) NIOSH-certified supplied-air respirator operated in pressure 
demand or continuous flow mode and equipped with a hood or helmet, or 
tight-fitting facepiece (either half-face or full-face).
    (ii) Industrial, commercial, and consumer activities. Requirements 
as specified in Sec.  721.80(o).
    (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 Sec.  
721.125(a), (b), (c), (d), and (i) are applicable to manufacturers and 
processors of this substance.
    (2) Limitations or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.

0
26. Add Sec.  721.10660 to subpart E to read as follows:

Sec.  721.10660  Aliphatic diisocyanate adduct with substituted amino 
alkyl silane (generic).

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified generically as 
aliphatic diisocyanate adduct with substituted amino alkyl silane (PMN 
P-12-274) 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 Sec.  
721.63(a)(4), (a)(6)(i), (a)(6)(ii), (a)(6)(v), (b) (concentration set 
at 0.1 percent), and (c). When determining which persons are reasonably 
likely to be exposed as required for Sec.  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 or reduce exposure, where feasible. The 
following National Institute for Occupational Safety and Health 
(NIOSH)-certified respirators with an assigned protection factor (APF) 
of at least 10 meet the requirements of Sec.  721.63(a)(4):
    (A) NIOSH-certified air-purifying, tight-fitting half-face 
respirator

[[Page 51913]]

equipped with N100 (if oil aerosols absent), R100, or P100 filters;
    (B) NIOSH-certified air-purifying, tight-fitting full-face 
respirator equipped with N100 (if oil aerosols absent), R100, or P100 
filters;
    (C) NIOSH-certified powered air-purifying respirator equipped with 
a loose- fitting hood or helmet and high efficiency particulate air 
(HEPA) filters;
    (D) NIOSH-certified powered air-purifying respirator equipped with 
a tight-fitting facepiece (either half-face or full-face) and HEPA 
filters; and
    (E) NIOSH-certified supplied-air respirator operated in pressure 
demand or continuous flow mode and equipped with a hood or helmet, or 
tight-fitting facepiece (either half-face or full-face).
    (ii) Industrial, commercial, and consumer activities. Requirements 
as specified in Sec.  721.80(o).
    (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 Sec.  
721.125(a), (b), (c), (d), and (i) are applicable to manufacturers and 
processors of this substance.
    (2) Limitations or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.
[FR Doc. 2014-20783 Filed 8-29-14; 8:45 am]
BILLING CODE 6560-50-P
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