```

[Federal Register Volume 79, Number 190 (Wednesday, October 1, 2014)]
[Proposed Rules]
[Pages 59186-59195]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-23253]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 721

[EPA-HQ-OPPT-2007-0490; FRL-9912-87]
RIN 2070-AJ96

Certain Nonylphenols and Nonylphenol Ethoxylates; Significant New 
Use Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: Under the Toxic Substances Control Act (TSCA), EPA is 
proposing a significant new use rule (SNUR) for 15 related chemical 
substances commonly known as nonylphenols (NP) and nonylphenol 
ethoxylates (NPE). For 13 NPs and NPEs, EPA is proposing to designate 
any use as a ``significant new use,'' and for 2 additional NPs, EPA is 
proposing that any use other than use as an intermediate or use as an 
epoxy cure catalyst would constitute a ``significant new use.'' Persons 
subject to these SNURs would be required to notify EPA at least 90 days 
before they manufacture (including import) or process any of these 15 
chemical substances for a significant new use. The required 
notification would provide EPA with the opportunity to evaluate the new 
uses and protect against unreasonable risks, if any, from potential new 
exposures to NPs and NPEs, before that activity occurs.

DATES: Comments must be received on or before December 1, 2014.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPPT-2007-0490, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the online instructions for submitting comments. Do not submit 
electronically any information you consider to be Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute.
     Mail: Document Control Office (7407M), Office of Pollution 
Prevention and Toxics (OPPT), Environmental Protection Agency, 1200 
Pennsylvania Ave. NW., Washington, DC 20460-0001.
     Hand Delivery: To make special arrangements for hand 
delivery or delivery of boxed information, please follow the 
instructions at http://www.epa.gov/dockets/contacts.html. Additional 
instructions on commenting or visiting the docket, along with more 
information about dockets generally, is available at http://www.epa.gov/dockets.

[[Page 59187]]

FOR FURTHER INFORMATION CONTACT: For technical information regarding 
the SNUR, contact: Jeffrey Taylor, Chemical Control Division (7405M), 
Office of Pollution Prevention and Toxics, Environmental Protection 
Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; 
telephone number: (202) 564-8828; email address: 
taylor.jeffrey@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. Executive Summary

A. Does this action apply to me?

    You may be potentially affected by these actions if you manufacture 
(including import) or process any of the chemical substances covered by 
this proposed SNUR. The North American Industrial Classification System 
(NAICS) codes that are identified in this unit are not intended to be 
exhaustive, but rather provide a guide to help readers determine 
whether this rule applies to them. Potentially affected entities may 
include:
     Manufacturers (including importers) or processors of one 
or more of the subject chemical substances (North American Industrial 
Classification System (NAICS) codes 325 and 324110), e.g., chemical 
manufacturing and petroleum refineries.
     Surface active agent manufacturers (NAICS code 325613).
    This action may also affect certain entities due to pre-existing 
import certification and export notification rules under TSCA. Persons 
who import any chemical substance governed by a final SNUR are subject 
to the TSCA section 13 (15 U.S.C. 2612) import certification 
requirements and the corresponding regulations at 19 CFR 12.118 through 
12.127; see also 19 CFR 127.28. Those persons must certify that the 
shipment of the chemical substance complies with all applicable rules 
and orders under TSCA, including any 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 proposed rule on or after October 
31, 2014 are subject to the export notification provisions of TSCA 
section 12(b) (15 U.S.C. 2611(b)) (see 40 CFR 721.20) and must comply 
with the export notification requirements in 40 CFR part 707, subpart 
D.
    To determine whether you or your business may be affected by this 
action, you should carefully examine the applicability of 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.

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 (15 U.S.C. 
2604(a)(1)(B)). As described in Unit V., the general SNUR provisions 
are found at 40 CFR part 721, subpart A.

C. What action is the agency taking?

    EPA is proposing a SNUR for 15 NPs and NPEs. EPA is proposing to 
designate any use of the 13 NPs and NPEs listed in Table 1 of Unit 
II.A. as a significant new use, and any use other than use as an 
intermediate or use as an epoxy cure catalyst as a significant new use 
of the 2 additional NPs listed in Table 2 of Unit II.A.
    This proposed SNUR would apply to the uses that are not ongoing at 
the time of this proposed rule. Uses not ongoing at the time of the 
proposal would be designated significant new uses in the final SNUR. 
EPA is requesting public comment on this proposal, and specifically on 
whether the Agency has correctly identified the current and ongoing 
uses of the 15 NPs and NPEs covered by this proposed rule. EPA is 
particularly interested in whether anyone is currently using these 
chemicals in a manner that is not described in this proposal.
    Persons subject to a SNUR would be required to notify EPA at least 
90 days before commencing manufacture (including import) or processing 
of any of the subject chemical substances for a significant new use, 
consistent with the requirements at 40 CFR 721.25.

D. Why is the agency taking this action?

    This proposed SNUR is necessary to ensure that EPA receives timely 
advance notice of any future manufacturing and processing of these 
chemical substances for the designated new uses to allow the Agency to 
evaluate any potential changes in human and environmental exposures. 
The rationale and objectives for this proposed SNUR are explained in 
Unit III.

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

    EPA has evaluated the potential costs of establishing SNUR 
reporting requirements for potential manufacturers and processors of 
the chemical substances included in this proposed rule. This analysis, 
which is available in the docket, is discussed in Unit IX., and is 
briefly summarized here. In the event that a SNUN is submitted, costs 
are estimated at approximately $8,589 per SNUN submission for large 
business submitters and $6,189 for small business submitters. These 
estimates include the cost to prepare and submit the SNUN and the 
payment of a user fee. In addition, for persons exporting a substance 
that is the subject of a SNUR, a one-time notice must be provided for 
the first export or intended export to a particular country, which is 
estimated to cost less than $100 on average per notification.
    Since EPA is unable to predict whether anyone might engage in 
future activities that would require reporting, potential total costs 
are estimated to range from $0 to less than $10,000.

II. Chemical Substances Subject to This Proposed Rule

A. What chemicals are subject to this proposed SNUR?

    This proposed SNUR would apply to the 15 NPs and NPEs in Tables 1 
and 2 of this unit. To ascertain whether these chemicals are currently 
in commerce, EPA analyzed uses that are described in Unit II.B, and 
also reviewed the most recent data from EPA's Chemical Data Reporting 
(CDR) database (Ref. 1). Twelve of the 13 linear NPs and NPEs in Table 
1 of this unit are not reported on CDR. One NPE chemical, known as 
poly(oxy-1,2-ethanediyl), [alpha](nonylphenyl)-[omega]-hydroxy-(CASRN 
9016-45-9), also listed in Table 1 of this unit, was reported to the 
2012 CDR. EPA believes, however, that the manufacturer incorrectly 
identified the chemical in its CDR report, and that, in fact, poly(oxy-
1,2-ethanediyl), [alpha](nonylphenyl)-[omega]-hydroxy-(CASRN 9016-45-9) 
is not currently manufactured for any use. The manufacturer reported 
the chemical identity as a linear form of NPE, but the available 
information indicates that the manufacturer should have reported the

[[Page 59188]]

identity as a branched NPE. Based on chemical engineering literature 
and industry expert sources, as described later in this unit, EPA's 
understanding is that only branched forms of NP and NPE chemical 
substances are currently manufactured for commercial purposes. The two 
chemical substances listed in Table 2 were both reported to the 2012 
CDR and are used as an intermediate and as an epoxy cure catalyst.

                        Table 1--NPs and NPEs for Which Any Use Is a Significant New Use
----------------------------------------------------------------------------------------------------------------
                                                                                  Chemical
                                                                                  Abstracts
             Chemical name                  Chemical abstracts index name          Service         NP or NPE
                                                                                Registry No.
                                                                                   (CASRN)
----------------------------------------------------------------------------------------------------------------
4-nonylphenol.........................  Phenol, 4-nonyl-.....................        104-40-5  NP
2-[2-[2-[2-(4-                          Ethanol, 2-[2-[2-[2-(4-                     7311-27-5  NPE
 nonylphenoxy)ethoxy]ethoxy]ethoxy]eth   nonylphenoxy)ethoxy]ethoxy]ethoxy]-.
 anol.
[alpha](Nonylphenyl)-[omega]-hydroxy-   Poly(oxy-1,2-ethanediyl),                   9016-45-9  NPE
 poly(oxy-1,2-ethanediyl).               [alpha](nonylphenyl)-[omega]-hydroxy-
                                         .
2-[2-(4-nonylphenoxy)ethoxy]ethanol...  Ethanol, 2-[2-(4-nonylphenoxy)ethoxy]-     20427-84-3  NPE
                                         .
Nonylphenol...........................  Phenol, nonyl-.......................      25154-52-3  NP
[alpha]-(4-Nonylphenyl)-[omega]-        Poly(oxy-1,2-ethanediyl), [alpha]-(4-      26027-38-3  NPE
 hydroxy-poly(oxy-1,2-ethanediyl).       nonylphenyl)-[omega]-hydroxy-.
2-[2-[2-[2-[2-[2-[2-[2-[2-              3,6,9,12,15,18,21,24-Octaoxahexacosan-     26571-11-9  NPE
 (Nonylphenoxy)ethoxy]ethoxy]ethoxy]et   1-ol, 26-(nonylphenoxy)-.
 hoxy]ethoxy]ethoxy]ethoxy]ethoxy]etha
 nol.
2-[2-(Nonylphenoxy)ethoxy]ethanol.....  Ethanol, 2-[2-(nonylphenoxy)ethoxy]-.      27176-93-8  NPE
2-[2-[2-[2-[2-[2-[2-[2-                 3,6,9,12,15,18,21-Heptaoxatricosan-1-      27177-05-5  NPE
 (nonylphenoxy)ethoxy]ethoxy]ethoxy]et   ol, 23-(nonylphenoxy)-.
 hoxy]ethoxy]ethoxy]ethoxy]ethanol.
2-[2-[2-[2-[2-[2-[2-[2-[2-[2-           3,6,9,12,15,18,21,24,27-                   27177-08-8  NPE
 (nonylphenoxy)ethoxy]ethoxy]ethoxy]et   Nonaoxanonacosan-1-ol, 29-
 hoxy]ethoxy]ethoxy]ethoxy]ethoxy]etho   (nonylphenoxy)-.
 xy]ethanol.
2-(Nonylphenoxy)ethanol...............  Ethanol, 2-(nonylphenoxy)-...........      27986-36-3  NPE
[alpha]-(Isononylphenyl)-[omega]-       Poly(oxy-1,2-ethanediyl), [alpha]-         37205-87-1  NPE
 hydroxy-poly(oxy-1,2-ethanediyl).       (isononylphenyl)-[omega]-hydroxy-.
[alpha]-(2-Nonylphenyl)-[omega]-        Poly(oxy-1,2-ethanediyl), [alpha]-(2-      51938-25-1  NPE
 hydroxy-poly(oxy-1,2-ethanediyl),.      nonylphenyl)-[omega]-hydroxy-.
----------------------------------------------------------------------------------------------------------------

  Table 2--NPs for Which Any Use Other Than as an Intermediate or Epoxy Cure Catalyst Is a Significant New Use
----------------------------------------------------------------------------------------------------------------
                                                                                  Chemical
                                                                                  Abstracts
             Chemical name                  Chemical abstracts index name          Service         NP or NPE
                                                                                Registry No.
                                                                                   (CASRN)
----------------------------------------------------------------------------------------------------------------
4-nonylphenol, branched...............  Phenol, 4-nonyl-, branched...........      84852-15-3  NP
2-nonylphenol, branched...............  Phenol, 2-nonyl-, branched...........      91672-41-2  NP
----------------------------------------------------------------------------------------------------------------

    NPs and NPEs consist of a nine carbon nonyl group in either 
branched or linear form bound at various positions (ortho, meta, or 
para) around a phenol ring. Nonylphenol is produced by the acid-
catalyzed reaction of nonene and phenol. The degree of branching of the 
nonene used in that reaction determines the degree of branching in the 
product NP. EPA's understanding of the chemistry and engineering of 
commercial NP production is that it starts with nonene that is produced 
by acid-catalyzed propylene trimerization. Nonene produced in this way 
is a complex mixture of highly branched alkenes and contains negligible 
amounts of linear olefins. Manufacturers combine this highly branched 
nonene with phenol in an acid-catalyzed reaction. This reaction pathway 
is described in the literature and industry publications. For example, 
the Kirk-Othmer Encyclopedia of Chemical Technology states, ``All 
commercially produced PNP [para-nonylphenol, or 4-nonylphenol] is made 
from nonene based on the trimerization of propylene'' (and therefore is 
highly branched) (Ref. 2). Similarly, industry assessments state that 
commercial nonene (used to make NP) does not contain linear 
C9H18 alpha-olefin; rather, it is a complex 
mixture of highly branched, predominantly nine-carbon olefins known as 
propylene trimers (Ref. 3). Additionally, some industrial sources 
assert that linear NP is a laboratory chemical substance that is not 
used in commerce and is not a degradant found in the environment (Ref. 
4).
    During the development of a testing consent order on 4-nonylphenol 
(Ref. 5), the Alkylphenols and Ethoxylates Panel of the American 
Chemistry Council (ACC) confirmed EPA's assessment, stating that, as it 
is currently manufactured, nonylphenol is a substance comprising mostly 
branched C9-alkyl phenols and is best represented by 4-nonylphenol, 
Chemical Abstract Services Registry Number (CASRN) 84852-15-3.

B. What are the uses and production levels of the NPs and NPEs covered 
by this proposed SNUR?

    Branched 4-nonylphenol (CASRN 84852-15-3), in Table 2 of this unit, 
was reported to the 2012 CDR at 100-500 million pounds production 
volume. Branched 2-nonylphenol (CASRN 91672-41-2), also in Table 2 of 
this unit, was reported to the 2012 CDR at 1-10 million pounds 
production volume.
    Linear NPE, poly(oxy-1,2-ethanediyl), [alpha](nonylphenyl)-[omega]-
hydroxy-(CASRN 9016-45-9), in Table 1 of this unit, was reported to the 
2012 CDR with a 2011 production volume ranging from 10 million to 50 
million pounds. As described earlier in this unit, EPA believes that 
this linear NPE was incorrectly identified and the manufacturer was in 
fact producing a branched NPE (i.e., another chemical entirely). The 
other 12 linear NPs and NPEs have no reported production volume on the 
2012 CDR. Nonylphenol (CASRN 25154-52-3), in Table 1 of this unit, was 
initially reported to the 2012

[[Page 59189]]

CDR, but EPA understands that the chemical should have been reported as 
either branched NP CASRN 84852-15-3 or branched NP CASRN 91672-41-2. 
Companies who reported nonylphenol with CASRN 25154-52-3 to the 2012 
CDR have corrected their reports, which results in the chemical having 
no production volume on the 2012 CDR.
    Certain NPs are used primarily as intermediates to produce other 
chemical substances, notably NPEs. NPEs are manufactured by reacting 
the hydroxyl group (-OH) of NP with ethylene oxide in an iterative 
process, forming a combination of NPEs of various chain lengths, 
typically ranging from 4 to 80 ethoxylate (EO) groups. The commonly-
used NPEs have chain lengths averaging 8 to 12 EO groups, and 
commercial NPEs will contain NPEs of various chain lengths. Different 
degrees of ethoxylation impart different properties, which make the 
chemical substances useful in a variety of applications.
    EPA accessed information from the 2012 CDR database, along with the 
Household Products Database and the Consumer Product Information 
Database, in order to analyze use of NPs and NPEs broadly within U.S. 
commerce (Refs. 1, 6, and 7). Reported NPs are used as intermediates to 
create NPEs, and they are also used as epoxy cure catalysts. Reported 
NPEs are used in a wide range of applications, and can be found in 
consumer products related generally to home care, personal hygiene, 
automotive, and lawn care. Specifically, the NPEs are used in: Laundry 
detergents, engine and battery cleaners, all-purpose cleaners, paints, 
metal polishers, stain pretreatment, sealants, paint/varnish strippers, 
wallpaper removers, hand cleaners, floor strippers, disinfectant/mold 
inhibitors, concrete cleaners, tile/grout cleaners, degreasers, brush 
cleaners, tile adhesives, and wood finishes (Refs. 1, 6, 7, 8, and 9).

C. What are the potential environmental effects of, and routes and 
sources of exposure to, the NPs and NPEs covered by this proposed SNUR?

    NPs and NPEs with only one or two EO groups are persistent, low-to-
moderately bioaccumulative, and highly toxic to aquatic organisms. In 
general, toxicity to environmental organisms increases with decreasing 
degrees of ethoxylation for nonylphenolic compounds, with NPs being 
most toxic. NPEs with greater degrees of ethoxylation, while less 
toxic, degrade to the more toxic and persistent, less ethoxylated forms 
of these chemical substances in the environment. Available data 
indicate that these chemical substances are highly toxic to fish and 
invertebrates, causing lethality on an acute basis and effects on 
survival, growth, development, metabolism, reproduction, and fecundity 
with low-level chronic exposures (Refs. 10 and 11). EPA has established 
water quality criteria for NPs of 6.6 microgram per litre ([micro]g/L) 
for acute exposures and 1.7 [micro]g/L for chronic exposures (Ref. 12). 
EPA has not established water quality criteria for NPEs. Environment 
Canada has also established a concern level for NPs (and NPEs, as 
expressed in NP toxic equivalency units) of 0.7 [micro]g/L for 
indefinitely chronic exposures (Refs. 12 and 13). EPA recognizes that 
NPs and NPEs may be endocrine bioactive (Refs. 14, 15, 16, 17, 18, 19, 
20, 21, 22, 23, and 24).
    Certain NPs and NPEs are produced in large volumes, with uses in a 
wide range of applications (e.g., home care, personal hygiene, 
automotive, and lawn care consumer products) that lead to widespread 
releases to the aquatic environment. NPEs are clear to light orange 
oily liquids or waxy solids, and are considered to be chemically stable 
and unreactive (Ref. 25). NPEs show a gradual, linear increase in water 
solubility with greater degree of ethoxylation (e.g., the reported 
water solubility of NP with five ethoxyl groups attached, NP5EO, is 
9.48 mg/L; and the reported water solubility of NP with twelve ethoxyl 
groups attached, NP12EO, is 42.5 mg/L) (Refs. 26 and 27). The most 
important processes affecting the persistence, distribution, and 
bioavailability of nonylphenolic substances in the environment are 
biodegradation and sorption (Refs. 28, 29, 30, and 31). NPEs with 
greater degrees of ethoxylation degrade to less ethoxylated forms of 
these chemical substances in the environment. NPEs with fewer degrees 
of ethoxylation continue to degrade slowly to NPs. NPs, especially 
highly branched NPs, degrade most slowly (Refs. 8 and 9). The aerobic 
and anaerobic biodegradation of NPEs occurs through different reaction 
pathways resulting in the formation of different degradation products. 
Under aerobic conditions, evidence shows that carboxylated NPEs (NPECs) 
of higher ethoxamers are quickly formed (e.g., NP9EC from NP9EO), 
followed by shortening of the ethoxylate chain through the 
deethoxylation pathway (e.g., NP2EC from NP9EC), and oxidation of the 
nonyl chain to form dicarboxylated derivatives. Such dicarboxylated 
products are referred to as carboxylated nonylphenyl 
ethoxycarboxylates, or CAPECs. Under anaerobic conditions, the dominant 
degradation pathways for NPEs is most likely deethoxylation (e.g., 
NP1EO and NP2EO from higher ethoxamers) and O-dealkylation (e.g., NP 
from NP2EO) (Refs. 32 and 33). The resistance of NPs to further 
degradation under anaerobic conditions is a contributing factor to 
their accumulation in sludge.
    Ecological receptors can potentially be significantly exposed to 
NPs and NPEs under current manufacturing practices as a result of 
surface water discharges from facilities that manufacture products 
containing NPs or NPEs (Ref. 34). Once released into the environment, 
NPs and NPEs tend to partition to sediments and accumulate (Ref. 35). 
Thus, even if the discharges decrease, or cease, environmental 
exposures can continue.
    A range of levels of NPs and NPEs have been measured in surface 
water and sediment in U.S. waters. Certain NPEs are widely used in 
industrial processes and cleaning products, including industrial 
laundry detergents, and are frequently found in wastewater and sewage 
treatment plant effluents, with subsequent discharge into the 
environment (Ref. 36). Localized monitoring studies have found surface 
waters near industrial discharges contained NPs in concentrations 
ranging from 2 to 1,617 [mu]g/L (Ref. 37) and NP concentrations in more 
diffuse surface water and sediments in the Great Lakes ranging from 
0.01 to 0.92 [mu]g/L for water and 37 to 300 [mu]g/g for sediments 
(Ref. 36). In surface water samples collected along the Ohio River, 
total NPEs ranged from 0.13 to 1.0 [mu]g/L for water, from 250 to 1,020 
[mu]g/g for sediments, and from 32 to 920 [mu]g/g for carp, a bottom 
dwelling fish (Ref. 38). Some of the measured surface water 
concentrations, particularly those near industrial discharges, exceeded 
the EPA Water Quality Criteria set for freshwater species living in the 
water column. Nonylphenol has also been found in Minnesota lakes, with 
maximum concentrations reaching 20 ng/L (Ref. 39). NPs and NPEs in 
freshwater and saltwater ecosystems can potentially cause ecological 
effects on all trophic levels of aquatic species exposed to them (Ref. 
12).

III. Rationale and Objective

A. Rationale

    NPs and short-chain NPE ethoxymers (NP with one ethoxyl group 
attached, NP1EO, and NP with two ethoxyl groups attached, NP2EO) are 
persistent, low-moderately bioaccumulative, and highly toxic to aquatic 
organisms. Available data indicate that these

[[Page 59190]]

substances are highly toxic to fish and invertebrates, causing 
lethality on an acute basis and effects on survival, growth, 
development, metabolism, reproduction, and fecundity with low-level 
chronic exposures (Refs. 10 and 11). Exposure occurs through industrial 
and wastewater discharges that ultimately reach surface waters and 
sediments. NPs and NPEs can potentially cause ecological effects on all 
trophic levels of aquatic species exposed to them in freshwater and 
saltwater ecosystems (Ref. 12).
    Of the 13 linear NPs and NPEs listed in Table 1 of Unit II.A., 12 
of the chemical substances were not reported to the 2012 CDR. One of 
these 13 substances was reported to the 2012 CDR, but as discussed in 
Unit II.B., the available information indicates that the chemical 
substance is not currently being manufactured or is otherwise used or 
distributed in commerce. The two branched NPs listed in Table 2 of Unit 
II.A. are not in use except as intermediates and epoxy cure catalysts. 
Based on the reasonably anticipated manner and methods of 
manufacturing, processing, distribution in commerce, and disposal of 
these chemical substances, EPA is concerned that future manufacturing 
or processing of these 15 NP and NPE chemicals could have the potential 
to significantly increase the magnitude and duration of environmental 
exposures. As previously discussed, based on current use and 
manufacturing practices, NPEs are frequently found in wastewater and 
sewage treatment plant effluents, with subsequent discharge into the 
environment. EPA has no reason to anticipate that future manufacturing 
practices and uses are likely to result in lower discharges.
    Accordingly, EPA has determined that individual evaluation of the 
activities associated with those new uses is warranted to allow the 
Agency to determine whether any controls are necessary before such 
manufacturing (including importing) or processing starts or resumes. 
The required notification provided by a SNUN would provide EPA with the 
opportunity to evaluate the new uses and protect against unreasonable 
risks, if any, from potential new exposures to NPs and NPEs.
    Consistent with EPA's past practice for issuing SNURs under TSCA 
section 5(a)(2), EPA's decision to propose a SNUR for a particular 
chemical use need not be based on an extensive evaluation of the 
hazard, exposure, or potential risk associated with that use. Rather, 
the Agency action is based on EPA's determination that if the use 
begins or resumes, it may present a risk that EPA should evaluate under 
TSCA before the manufacturing or processing for that use begins. Since 
the new use does not currently exist, deferring a detailed 
consideration of potential risks or hazards related to that use is an 
effective use of resources. If a person decides to begin manufacturing 
or processing the chemical substance for the use, the notice to EPA 
allows the Agency to evaluate the use according to the specific 
parameters and circumstances surrounding that intended use.

B. Objective

    Based on the considerations in Unit IV.A., EPA wants to achieve the 
following objectives through this action:
    1. EPA would receive notice of any person's intent to manufacture 
(including import) or process the 15 NPs and NPEs for the described 
significant new uses before that activity begins.
    2. EPA would have an opportunity to review and evaluate any data 
submitted in a SNUN before the notice submitter begins manufacturing 
(including importing) or processing of the 15 NPs and NPEs for the 
described significant new use.
    3. EPA would be able to regulate prospective manufacturers 
(including importers) or processors of these chemical substances before 
the described significant new use of the chemical substance occurs, 
provided that regulation is warranted pursuant to TSCA sections 5(e), 
5(f), 6, or 7.

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:
    1. The projected volume of manufacturing and processing of a 
chemical substance.
    2. The extent to which a use changes the type or form of exposure 
of human beings or the environment to a chemical substance.
    3. The extent to which a use increases the magnitude and duration 
of exposure of human beings or the environment to a chemical substance.
    4. The reasonably anticipated manner and methods of manufacturing, 
processing, distribution in commerce, and disposal of a chemical 
substance.
    In addition to these factors enumerated in TSCA section 5(a)(2), 
the statute authorizes EPA to consider any other relevant factors.
    To determine what would constitute a significant new use of the 15 
NPs and NPEs subject to this proposed rule, EPA considered relevant 
information about the toxicity of the substances, exposures, 
environmental releases, and the four factors listed in section 5(a)(2) 
of TSCA.
    EPA has preliminarily determined that any use of the 13 linear NPs 
and NPEs listed in Table 1 of Unit II.A. is a significant new use. EPA 
has also preliminarily determined that any use of the branched NPs 
listed in Table 2 of Unit II.A., other than use as an intermediate or 
use as an epoxy cure catalyst, is a significant new use. As discussed 
previously in this unit, EPA is concerned that future manufacturing or 
processing of these 15 NP and NPE chemicals could have the potential to 
significantly increase the magnitude and duration of environmental 
exposures, and EPA has no reason to anticipate that future 
manufacturing practices and uses are likely to result in lower 
discharges.

V. Applicability of General Provisions

    General provisions for SNURs appear under 40 CFR part 721, subpart 
A. These provisions describe persons subject to the rule, recordkeeping 
requirements, exemptions to reporting requirements, and applicability 
of the rule to uses occurring before the effective date of the final 
rule.
    Provisions relating to user fees appear at 40 CFR part 700. 
According to 40 CFR 721.1(c), persons subject to SNURs must comply with 
the same notice requirements and EPA regulatory procedures as 
submitters of Premanufacture Notices (PMNs) under TSCA section 
5(a)(1)(A). In particular, these requirements include the information 
submission requirements of TSCA section 5(b) and 5(d)(1), the 
exemptions authorized by TSCA section 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 sections 5(e), 5(f), 6, 
or 7 to control the activities on 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.
    Persons who export or intend to export a chemical substance that is 
the subject of a proposed or final SNUR are subject to the export 
notification provisions of TSCA section 12(b). The regulations that 
interpret TSCA section 12(b) appear at 40 CFR part 707, subpart D. 
Persons who import a chemical substance identified in a final SNUR are 
subject to the TSCA section 13 import certification requirements, 
codified at 19 CFR 12.118 through 12.127; see also 19 CFR 127.28. Such 
persons must certify that the shipment of the chemical

[[Page 59191]]

substance complies with all applicable rules and orders under TSCA, 
including any SNUR requirements. The EPA policy in support of import 
certification appears at 40 CFR part 707, subpart B.

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

    As discussed in the Federal Register of April 24, 1990 (55 FR 
17376) (FRL-3658-5), EPA has decided that the intent of section 
5(a)(1)(B) of TSCA 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 that had begun 
after the proposed rule was published were considered ongoing rather 
than new, any person could defeat the SNUR by initiating the 
significant new use before the final rule was issued. Therefore, EPA 
designates October 1, 2014 as the cutoff date for determining whether 
any of the uses that are the subject of this proposal are ongoing. 
Persons who begin commercial manufacture or processing of the chemical 
substances for a significant new use identified as of that date would 
have to cease any such activity upon the effective date of the final 
rule. To resume their activities, these persons would have to first 
comply with all applicable SNUR notification requirements and wait 
until the notice review period, including any extensions, expires. If 
such a person met the conditions of advance compliance under 40 CFR 
721.45(h), the person would be considered exempt from the requirements 
of the SNUR. Consult the Federal Register final rule of April 24, 1990 
for a more detailed discussion of the cutoff date for ongoing uses.

VII. Test Data and Other Information

    EPA recognizes that TSCA section 5 does not usually require 
developing any particular test data before submission of a SNUN. There 
are two exceptions:
     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)); and
     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 section 4 test rule or a section 5(b)(4) 
listing covering the chemical substance, persons are required to submit 
only test data in their possession or control and to describe any other 
data known to or reasonably ascertainable by them (15 U.S.C. 2604(d); 
40 CFR 721.25, and 40 CFR 720.50). However, as a general matter, EPA 
recommends that SNUN submitters include data that would permit a 
reasoned evaluation of risks posed by the chemical substance during its 
manufacture, processing, use, distribution in commerce, or disposal. 
EPA encourages persons to consult with the Agency before submitting a 
SNUN. As part of this optional pre-notice consultation, EPA would 
discuss specific data that may be useful in evaluating a significant 
new use. SNUNs submitted for significant new uses without any test data 
may increase the likelihood that EPA will take action under TSCA 
section 5(e) to prohibit or limit activities associated with this 
chemical substance.
    SNUN submitters should be aware that EPA will be better able to 
evaluate SNUNs that provide detailed information on:
    1. Human exposure and environmental releases that may result from 
the significant new uses of the chemical substance,
    2. Potential benefits of the chemical substance, and
    3. Information on risks posed by the chemical substances compared 
to risks posed by potential substitutes.

VIII. SNUN Submissions

    EPA recommends that submitters consult with the Agency prior to 
submitting a SNUN to discuss what data may be useful in evaluating a 
significant new use. Discussions with the Agency prior to submission 
can afford ample time to conduct any tests that might be helpful in 
evaluating risks posed by the substance. 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 40 CFR 720.40. E-PMN software is available 
electronically at http://www.epa.gov/opptintr/newchems.

IX. Economic Analysis

A. SNUNs

    EPA has evaluated the potential costs of establishing SNUR 
reporting requirements for potential manufacturers and processors of 
the chemical substance included in this proposed rule (Ref. 40). In the 
event that a SNUN is submitted, costs are estimated at approximately 
$8,589 per SNUN submission for large business submitters and $6,189 for 
small business submitters. These estimates include the cost to prepare 
and submit the SNUN, and the payment of a user fee. Businesses that 
submit a SNUN would be subject to either a $2,500 user fee required by 
40 CFR 700.45(b)(2)(iii), or, if they are a small business with annual 
sales of less than $40 million when combined with those of the parent 
company (if any), a reduced user fee of $100 (40 CFR 700.45(b)(1)). 
EPA's complete economic analysis is available in the public docket for 
this proposed rule (Ref. 40).

B. Export Notification

    Under TSCA section 12(b) and the implementing regulations at 40 CFR 
part 707, subpart D, exporters must notify EPA if they export or intend 
to export a chemical substance or mixture for which, among other 
things, a rule has been proposed or promulgated under TSCA section 5. 
For persons exporting a substance that is the subject of a SNUR, a one-
time notice must be provided for the first export or intended export to 
a particular country. The total costs of export notification will vary 
by chemical substance, depending on the number of required 
notifications (i.e., the number of countries to which the chemical 
substance is exported). EPA is unable to make any estimate of the 
likely number of export notifications for the chemical substance 
covered in this proposed SNUR.

X. Alternatives

    Before proposing the SNUR, EPA considered the following alternative 
regulatory actions:

A. Promulgate a TSCA Section 8(a) Reporting Rule

    Under a TSCA section 8(a) rule, EPA could, among other things, 
generally require persons to report information to the Agency when they 
intend to manufacture (including import) or process a listed chemical 
substance for a specific use or any use. However, for the 15 NPs and 
NPEs subject to this proposed rule, the use of TSCA section 8(a) rather 
than SNUR authority would have several limitations. First, if EPA were 
to require reporting under TSCA section 8(a) reporting for new uses 
instead of TSCA section 5(a), then EPA would not have the opportunity 
to review human and environmental hazards and exposures associated with 
the proposed significant new use and, if necessary, take immediate 
follow-up regulatory action under TSCA sections 5(e) or 5(f) to 
prohibit or limit the activity before it begins. In addition,

[[Page 59192]]

EPA may not receive important information from small businesses because 
such firms generally are exempt from TSCA section 8(a) reporting 
requirements. In view of the level of environmental concerns about the 
15 NPs and NPEs, EPA believes that a TSCA section 8(a) rule for this 
substance would not meet EPA's regulatory objectives.

B. Regulate NPs and NPEs Under TSCA Section 6

    Under TSCA section 6, EPA may regulate a chemical substance if 
``the Administrator finds that there is a reasonable basis to conclude 
that the manufacture, processing, distribution in commerce, use or 
disposal of a chemical substance or mixture . . . presents or will 
present an unreasonable risk of injury to health or the environment'' 
(TSCA section 6(a)). Because EPA believes that the 13 NP and NPE 
chemical substances listed in Table 1 of Unit II.A. are not being used 
and the 2 NPs listed in Table 2 of Unit II.A. are not being used other 
than as an intermediate or epoxy cure catalyst, EPA concluded that risk 
management action under TSCA section 6 is not warranted at this time. 
EPA believes that this proposed SNUR would allow the Agency to 
effectively address concerns surrounding any proposed significant new 
use, should they arise, by requiring prior notice of the use and 
allowing EPA a 90-day review period in which EPA would evaluate the use 
and could take action, as appropriate, under TSCA sections 5(e), 5(f), 
6, or 7 to control the activities on which it has received the SNUN.

XI. Request for Comment

A. Do you have comments or information about ongoing uses?

    EPA welcomes comment on all aspects of this proposed rule. EPA 
based its understanding of the use profile of these chemical substances 
on the 2012 CDR submissions, engineering literature, and communications 
with industry representatives. To confirm EPA's understanding, the 
Agency is requesting public comment on all aspects of this proposed 
rule, including the commercial production of linear forms of NPs and 
NPEs, as well as any ongoing uses of the subject chemical substances.

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

    1. Submitting CBI. Do not submit this information to EPA through 
regulations.gov or email. Clearly mark the part or all of the 
information that you claim to be CBI. For CBI information in a disk or 
CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as 
CBI and then identify electronically within the disk or CD ROM the 
specific information that is claimed as CBI. In addition to one 
complete version of the comment that includes information claimed as 
CBI, a copy of the comment that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments, 
remember to:
    i. Identify the document by docket ID number and other identifying 
information (subject heading, Federal Register date, and page number).
    ii. Follow directions. The Agency may ask you to respond to 
specific questions or organize comments by referencing a Code of 
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information 
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    vi. Provide specific examples to illustrate your concerns and 
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period 
deadline identified.

XII. References

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

1. EPA (2013). Chemical Data Reporting. August 7, 2014; Available 
from: http://www.epa.gov/cdr.
2. Lorenc, J.F., Lambeth, Gregory, and Scheffer, William (2000). 
Alkylphenols. Kirk-Othmer Encyclopedia of Chemical Technology.
3. Klecka, G.M., Staples, C.A., Losey, B.S., and Woodburn, K.B. 
(2005). APERC Assessment of the Persistence and Bioaccumulation 
Potential for Nonylphenol, Octylphenol, and Their Ethoxylates for 
Categorization and Screening of the Canadian Domestic Substance List 
(DSL).
4. APERC (2010). Statement on EPA Estrogenic Screening Results for 
Nonylphenol and Nonylphenol Ethoxylates.
5. EPA (1990). Testing Consent Order on 4-Nonylphenol, Branched. 
Final Rule. 55 FR 5991.
6. NIH (2013). Household Products Database: Nonylphenol and 
Nonylphenol Ethoxylates. August 6, 2014; Available from: http://hpd.nlm.nih.gov/index.htm.
7. CPID (2013). Consumer Product Information Database: Nonylphenol 
and Nonylphenol Ethoxylates. August 6, 2014; Available from: http://whatsinproducts.com/index.php.
8. EPA (2010). Nonylphenol (NP) and Nonylphenol Ethoxylates (NPEs) 
Action Plan.
9. EPA (2009). Testing of Certain Nonylphenol and Nonylphenol 
Ethoxylate Substances: Advance Notice of Proposed Rulemaking 
(ANPRM). 40 CFR part 799.
10. Staples, C., Mihaich, E., Carbone, J., Woodburn, K., and Klecka, 
G. (2004). A Weight-of-Evidence of the Chronic Ecotoxicity of 
Nonylphenol Ethoxylates, Nonylphenol Ether Carboxylates, and 
Nonylphenol. Human and Ecological Risk Assessment. 10: p. 999-1017.
11. Servos, M.R. (1999). Review of the Aquatic Toxicity, Estrogenic 
Responses, and Bioaccumulation of Alkylphenols and Alkylphenol 
Polyethoxylates. Water Quality Research Journal of Canada. 34: p. 
123-1777.
12. EPA (2005). Ambient Aquatic Life Water Quality Criteria--
Nonylphenol Final. (EPA-822-R-05-005).
13. Canada (2002). Canadian Environmental Quality Guidelines for 
Nonylphenol and its Ethoxylates (Water, Sediment, and Soil) 
Scientific Supporting Document. Ecosystem Health: Science-Based 
Solutions Report. No. 1-3.
14. Balaguer, P., Franois, F., Comunale, F., Fenet, H., Boussioux, 
A.M., Pons, M., Nicolas, J.C., and Casallas, C. (1999). Reporter 
cell lines to study the estrogenic effects of xenoestrogens. Science 
Total Environment. 233: p. 47-56.
15. Blair, R.M., Fang, H., Branham, W.S., Hass, B.S., Dial, S.L., 
Moland, C.L., Tong, W., Shi, L., Perkins, R. and Sheehan, D.M. 
(2000). The estrogen receptor relative binding affinities of 188 
natural and xenochemicals: Structural diversity of ligands. 
Toxicological Sciences. 54(138-153).
16. Bonefeld-J[oslash]rgensen, E., Long, M, Hofmeister, M.V., and 
Vinggaard, A.M. (2007). Endocrine-Disrupting Potential of Bisphenol 
A, Bisphenol A Dimethacrylate, 4-n-Nonylphenol, and 4-n-Octylphenol 
in Vitro: New Data and a Brief Review. Environmental Health 
Perspectives. 115(S-1): p. 69-76.

[[Page 59193]]

17. Danzo, B.J. (1997). Environmental xenobiotics may disrupt normal 
endocrine function by interfering with the binding of physiological 
ligands to steroid receptors and binding proteins. Environmental 
Health Perspectives. 105(3): p. 294-301.
18. Legler, J., Van Den Brink, C.E., Brouwer, A., Murk, A.J., Van 
Der Saag, P.T., Vethaak, A.D., and Van Der Burg, B. (1999). 
Development of a stably transfected estrogen receptor-mediated 
luciferase reporter gene assay in the human T47D breast cancer cell 
line. Toxicological Sciences. 48(55-66).
19. Satoh, K., Nagai, F., and Aoki, N. (2001). Several environmental 
pollutants have binding affinities for both androgen receptor and 
estrogen receptor. Journal of Health Science. 47(5): p. 495-501.
20. White, R., Jobling, S., Hoare, S., Sumpter, J., and Parker, M. 
(1994). Environmentally persistent alkylphenolic compounds are 
estrogenic. Endocrinology. 135(1): p. 175-182.
21. Lee, H., Chattopadhyay, Soma, Gong, Eun-Yeung, Ahn, Ryun Sup, 
and Lee, Keesook (2003). Antiandrogenic Effects of Bisphenol A and 
Nonylphenol on the Function of Androgen Receptor. Toxicological 
Sciences. 75: p. 40-45.
22. Gong, Y., Han, X.D. (2006). Effect of nonylphenol on 
steroidogenesis of rat Leydig cells. Journal of Environmental 
Science and Health. 41(5): p. 705-15.
23. Kortner, T., Vang, S.H., Arukwe, A. (2009). Modulation of salmon 
ovarian steroidogenesis and growth factor responses by the 
xenoestrogen, 4-nonylphenol. Chemosphere. 77(7): p. 989-98.
24. RTI-International (2007). Characterization of the inhibition of 
aromatase activity by nonylphenol. EPA Task Order 3. p. 158.
25. SEPA (2010). Scottish Pollutant Release Inventory; Pollutant 
Fact Sheet, Nonylphenol Ethoxylates. Scottish Environment Protection 
Agency.
26. Ahel, M., and Giger, W. (1993). Aqueous Solubility of 
Alkylphenols and Alkyphenol Polyethoxylates. Chemosphere. 26(8): p. 
1461-1470.
27. Brix, R., Hvidt, S., and Carlsen, L. (2001). Solubility of 
Nonylphenol and Nonylphenol Ethoxylates: On the Possible Role of 
Micelles. Chemosphere. 44: p. 759-763.
28. Ahel, M., Giger, W., and Schaffner, C. (1994). Behaviour of 
alkylphenol polyethoxylate surfactants in the aquatic environment--
II. Occurrence and transformation in rivers. Water Research. 28(5): 
p. 1143-1152.
29. Kvestak, R., Terzic, S., and Ahel, M. (1994). Input and 
distribution of alkylphenol polyethoxylates in a stratified estuary. 
Marine Chemistry. 46(1-2): p. 89-100.
30. Sekela, M., Brewer, R., Moyle, G., and Tuominen, T. (1999). 
Occurrence of an environmental estrogen (4-nonylphenol) in sewage 
treatment plant effluent and the aquatic receiving environment. 
Water Science and Technology. 39(10-11): p. 217-220.
31. John, D.M., House, W.A., and White, G.F. (2000). Environmental 
fate of nonylphenol ethoxylates: Differential adsorption of homologs 
to components of river sediment. Environmental Toxicology and 
Chemistry. 19(2): p. 293-300.
32. Jonkers, N., Knepper, T.P., and De Voogt, P. (2001). Aerobic 
Biodegradation Studies of Nonylphenol Ethoxylates in River Water 
Using Liquid Chromatography-Electrospray Tandem Mass Spectrometry. 
Environ. Sci. Technol. 35(2): p. 335-340.
33. Giger, W., Brunner, P.H., and Schaffner, C. (1984). 4-
Nonylphenol in sewage sludge: accumulation of toxic metabolites from 
non ionic surfactants. Science. 225: p. 623-625.
34. Ellis, D.D., Jones, C.M., Larson, R.A., and Schaeffer, D.J. 
(1982). Organic constituents of mutagenic secondary effluents from 
wastewater treatment plants. Archives of Environmental Contamination 
and Toxicology. 11: p. 373-382.
35. Naylor, C.G., Mieure, J.P., Adams, W.J., Weeks, J.A., Castaldi, 
F.J., Ogle, F.D., and Romano, R.R. (1992). Alkylphenol ethoxylates 
in the environment. Journal of the American Oil Chemists' Society. 
69: p. 695-708.
36. Bennett, E.R., and Metcalf, C.D. (1997). Distribution of 
Alkylphenol Compounds in Great Lakes Sediments. Environmental 
Toxicology and Chemistry. 17(7): p. 1230-1235.
37. Shackelford, W.M., Cline, D.M., Faas, L., and Kurth, G. (1983). 
Evaluation of automated spectrum matching for survey identification 
of wastewater components by gas chromatography-mass spectrometry. 
National Technical Information Service. (PB83-182931).
38. Rice, C.P., Schmitz-Afonso, I., Loyo-Rosales, J.E., Link, E., 
Thoma, R., Fay, L, Altfater, D., and Camp, M.J. (2003). Alkylphenol 
and Alkylphenol-Ethoxylates in Carp, Water, and Sediment from the 
Cuyahoga River, Ohio. Environ. Sci. Technol. 37(17): p. 3747-3754.
39. Ferrey, M. (2013). Pharmaceuticals and Endocrine Active 
Chemicals in Minnesota Lakes. Minnesota Pollution Control Agency.
40. EPA (2014). Economic Analysis of the Significant New Use Rule 
for Nonylphenols (NPs) and Nonylphenol Ethoxylates (NPEs).

XIII. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    The Office of Management and Budget (OMB) has determined that is 
proposed SNUR is not a ``significant regulatory action,'' under section 
3(f) of Executive Order 12866 (58 FR 51735, October 4, 1993). 
Accordingly, this action was not submitted to OMB for review under 
Executive Order 12866 and 13563 (76 FR 3821, January 21, 2011).

B. Paperwork Reduction Act (PRA)

    This action does not impose any new information collection burden 
under the PRA, 44 U.S.C. 3501 et seq. Burden is defined in 5 CFR 
1320.3(b). The information collection activities associated with 
existing chemical SNURs are already approved by OMB under OMB control 
number 2070-0038 (EPA ICR No. 1188); and the information collection 
activities associated with export notifications are already approved by 
OMB under OMB control number 2070-0030 (EPA ICR No. 0795). If an entity 
were to submit a SNUN to the Agency, the annual burden is estimated to 
be less than 100 hours per response, and the estimated burden for an 
export notifications is less than 1.5 hours per notification. In both 
cases, burden is estimated to be reduced for submitters who have 
already registered to use the electronic submission system.

C. Regulatory Flexibility Act (RFA)

    Pursuant to section 605(b) of the RFA, 5 U.S.C. 601 et seq., the 
Agency hereby certifies that promulgation of this SNUR would not have a 
significant economic impact on a substantial number of small entities. 
The rationale supporting this conclusion is as follows.
    A SNUR applies to any person (including small or large entities) 
who intends to engage in any activity described in the rule as a 
``significant new use.'' By definition of the word ``new'' and based on 
all information currently available to EPA, it appears that no small or 
large entities presently engage in such activity. Since this SNUR will 
require a person who intends to engage in such activity in the future 
to first notify EPA by submitting a SNUN, no economic impact will occur 
unless someone files a SNUN to pursue a significant new use in the 
future or forgoes profits by avoiding or delaying the significant new 
use. Although some small entities may decide to conduct such activities 
in the future, EPA cannot presently determine how many, if any, there 
may be. However, EPA's experience to date is that, in response to the 
promulgation of SNURs covering over 1,000 chemical substances, the 
Agency receives only a handful of notices per year. During the six year 
period from 2005-2010, only three submitters self-identified as small 
in their SNUN submission. EPA believes the cost of submitting a SNUN is 
relatively small compared to the cost of developing and marketing a 
chemical new to a firm and that the requirement

[[Page 59194]]

to submit a SNUN generally does not have a significant economic impact.
    Therefore, EPA has determined that the potential economic impact of 
complying with this SNUR is not expected to be significant or adversely 
impact a substantial number of small entities. In a SNUR that published 
as a final rule on August 8, 1997 (62 FR 42690) (FRL-5735-4), the 
Agency presented its general determination that proposed and final 
SNURs are not expected to have a significant economic impact on a 
substantial number of small entities, which was provided to the Chief 
Counsel for Advocacy of the Small Business Administration.

D. Unfunded Mandates Reform Act (UMRA)

    Based on EPA's experience with proposing and finalizing SNURs, 
State, local, and Tribal governments have not been impacted by these 
rulemakings, and EPA does not have any reason to be of the opinion that 
any State, local, or Tribal government would be impacted by this 
rulemaking. As such, EPA has determined that this regulatory action 
would 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 UMRA, 2 U.S.C. 1531-
1538.

E. Executive Order 13132: Federalism

    This action will not have a substantial direct effect on States, on 
the relationship between national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government, as specified in Executive Order 13132 (64 FR 43255, August 
10, 1999).

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

    This proposed rule does not have Tribal implications because it is 
not expected to have any effect (i.e., there will be no increase or 
decrease in authority or jurisdiction) on Tribal governments, on the 
relationship between the Federal government and the Indian tribes, or 
on the distribution of power and responsibilities between the Federal 
government and Indian tribes. Thus, the requirements of Executive Order 
13175 (65 FR 67249, November 9, 2000) do not apply to this rulemaking.

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

    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 action is not intended to 
address environmental health or safety risks affecting children.

H. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    This proposed rule is not subject to Executive Order 13211 (66 FR 
28355, May 22, 2001), because this action is not expected to affect 
energy supply, distribution, or use.

I. National Technology Transfer and Advancement Act (NTTAA)

    Since this action does not involve any technical standards, section 
12(d) of the NTTAA, 15 U.S.C. 272 note, does not apply to this action.

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

    This proposed rule does not entail special consideration of 
environmental justice related issues as delineated by Executive Order 
12898 (59 FR 7629, February 16, 1994) because EPA has determined that 
this action will not have disproportionately high and adverse human 
health or environmental effects on minority or low-income populations. 
This action does not affect the level of protection provided to human 
health or the environment.

List of Subjects in 40 CFR Part 721

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

    Dated: September 24, 2014.
Wendy C. Hamnett,
Director, Office of Pollution Prevention and Toxics.

    Therefore, it is proposed that 40 CFR chapter I be amended as 
follows:

PART 721--[AMENDED]

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

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

0
2. Add Sec.  721.10765 to subpart E to read as follows:

Sec.  721.10765  Nonylphenols and nonylphenol ethoxylates.

    (a) Chemical substances and significant new uses subject to 
reporting. (1) The chemical substances listed in Table 1 and Table 2 of 
this section 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) For the chemical substances listed in Table 1 of this section, 
any use.
    (ii) For the chemical substances listed in Table 2 of this section, 
any use other than as an intermediate or an epoxy cure catalyst.

                      Table 1--NP and NPE Chemical Substances Subject to Reporting Any Use
----------------------------------------------------------------------------------------------------------------
                                                                                  Chemical
                                                                                  Abstracts
             Chemical name                  Chemical abstracts index name          Service         NP or NPE
                                                                                Registry No.
                                                                                   (CASRN)
----------------------------------------------------------------------------------------------------------------
4-nonylphenol.........................  Phenol, 4-nonyl-.....................        104-40-5  NP
2-[2-[2-[2-(4-                          Ethanol, 2-[2-[2-[2-(4-                     7311-27-5  NPE
 nonylphenoxy)ethoxy]ethoxy]ethoxy]eth   nonylphenoxy)ethoxy]ethoxy]ethoxy]-.
 anol.
[alpha](Nonylphenyl)-[omega]-hydroxy-   Poly(oxy-1,2-ethanediyl),                   9016-45-9  NPE
 poly(oxy-1,2-ethanediyl).               [alpha](nonylphenyl)-[omega]-hydroxy-
                                         .
2-[2-(4-nonylphenoxy)ethoxy]ethanol...  Ethanol, 2-[2-(4-nonylphenoxy)ethoxy]-     20427-84-3  NPE
                                         .
Nonylphenol...........................  Phenol, nonyl-.......................      25154-52-3  NP
[alpha]-(4-Nonylphenyl)-[omega]-        Poly(oxy-1,2-ethanediyl), [alpha]-(4-      26027-38-3  NPE
 hydroxy-poly(oxy-1,2-ethanediyl).       nonylphenyl)-[omega]-hydroxy-.
2-[2-[2-[2-[2-[2-[2-[2-[2-              3,6,9,12,15,18,21,24-Octaoxahexacosan-     26571-11-9  NPE
 (Nonylphenoxy)ethoxy]ethoxy]ethoxy]et   1-ol, 26-(nonylphenoxy)-.
 hoxy]ethoxy]ethoxy]ethoxy]ethoxy]etha
 nol.
2-[2-(Nonylphenoxy)ethoxy]ethanol.....  Ethanol, 2-[2-(nonylphenoxy)ethoxy]-.      27176-93-8  NPE
2-[2-[2-[2-[2-[2-[2-[2-                 3,6,9,12,15,18,21-Heptaoxatricosan-1-      27177-05-5  NPE
 (nonylphenoxy)ethoxy]ethoxy]ethoxy]et   ol, 23-(nonylphenoxy)-.
 hoxy]ethoxy]ethoxy]ethoxy]ethanol.

[[Page 59195]]

 
2-[2-[2-[2-[2-[2-[2-[2-[2-[2-           3,6,9,12,15,18,21,24,27-                   27177-08-8  NPE
 (nonylphenoxy)ethoxy]ethoxy]ethoxy]et   Nonaoxanonacosan-1-ol, 29-
 hoxy]ethoxy]ethoxy]ethoxy]ethoxy]etho   (nonylphenoxy)-.
 xy]ethanol.
2-(Nonylphenoxy)ethanol...............  Ethanol, 2-(nonylphenoxy)-...........      27986-36-3  NPE
[alpha]-(Isononylphenyl)-[omega]-       Poly(oxy-1,2-ethanediyl), [alpha]-         37205-87-1  NPE
 hydroxy-poly(oxy-1,2-ethanediyl).       (isononylphenyl)-[omega]-hydroxy-.
[alpha]-(2-Nonylphenyl)-[omega]-        Poly(oxy-1,2-ethanediyl), [alpha]-(2-      51938-25-1  NPE
 hydroxy-poly(oxy-1,2-ethanediyl),.      nonylphenyl)-[omega]-hydroxy-.
----------------------------------------------------------------------------------------------------------------

  Table 2--NP and NPE Chemical Substances Subject to Reporting Any Use
         Other Than as an Intermediate or an Epoxy Cure Catalyst
------------------------------------------------------------------------
                                                   Chemical
                                   Chemical        Abstracts
        Chemical name          abstracts index      Service       NP or
                                     name        Registry No.      NPE
                                                    (CASRN)
------------------------------------------------------------------------
4-nonylphenol, branched......  Phenol, 4-nonyl-     84852-15-3  NP
                                , branched.
2-nonylphenol, branched......  Phenol, 2-nonyl-     91672-41-2  NP
                                , branched.
------------------------------------------------------------------------

    (b) Specific requirements. The provisions of subpart A of this part 
apply to this section except as modified by this paragraph.
    (1) Persons who must report. Section 721.5 applies to this section 
except Sec.  721.5(a)(2).
    A person who intends to manufacture, import, or process for 
commercial purpose a substance identified in paragraph (a)(2)(i) of 
this section and intends to distribute the substance in commerce must 
submit a significant new use notice.
    (2) [Reserved]

[FR Doc. 2014-23253 Filed 9-30-14; 8:45 am]
BILLING CODE 6560-50-P
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