15096 Federal Register / Vol. 86, No. 53 / Monday, March 22, 2021 / Rules and Regulations 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this rule 

will not result in such an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 

F. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Directive 023–01, Rev. 1, associated 

implementing instructions, and 

Environmental Planning COMDTINST 

5090.1 (series), which guide the Coast 

Guard in complying with the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321–4370f), and have 

determined that this action is one of a 

category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule involves a safety 

zone lasting only 110 total hours that 

will prohibit entry within a portion of 

the Potomac River. It is categorically 

excluded from further review under 

paragraph L60(a) of Appendix A, Table 

1 of DHS Instruction Manual 023–01– 

001–01, Rev. 1. A Record of 

Environmental Consideration 

supporting this determination is 

available in the docket. For instructions 

on locating the docket, see the 

ADDRESSES section of this preamble. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to call or email the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places or vessels. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 46 U.S.C. 70034, 70051; 33 CFR 

1.05–1, 6.04–1, 6.04–6, and 160.5; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Add § 165.T05–0156 to read as 

follows: 

§ 165.T05–0156 Safety Zone; Potomac 

River, Between Charles County, MD and 

King George County, VA. 

(a) Location. The following area is a 

safety zone: All navigable waters of the 

Potomac River, encompassed by a line 

connecting the following points 

beginning at 38°21′50.96′′ N, 

076°59′22.04′′ W, thence south to 

38°21′43.08′′ N, 076°59′20.55′′ W, thence 

west to 38°21′41.80′′ N, 076°59′29.90′′ 

W, thence north to 38°21′49.70′′ N, 

076°59′31.40′′ W, and east back to the 

beginning point, located between 

Charles County, MD and King George 

County, VA. These coordinates are 

based on datum WGS 84. 

(b) Definitions. As used in this 

section— 

Captain of the Port (COTP) means the 

Commander, U.S. Coast Guard Sector 

Maryland—National Capital Region. 

Designated representative means any 

Coast Guard commissioned, warrant, or 

petty officer, including a Coast Guard 

coxswain, petty officer, or other officer 

operating a Coast Guard vessel and a 

Federal, State, and local officer 

designated by or assisting the Captain of 

the Port Maryland—National Capital 

Region (COTP) in the enforcement of the 

safety zone. 

Marine equipment means any vessel, 

barge or other equipment operated by 

Skanska-Corman-McLean, Joint Venture, 

or its subcontractors. 

(c) Regulations. (1) Under the general 

safety zone regulations in subpart C of 

this part, you may not enter the safety 

zone described in paragraph (a) of this 

section unless authorized by the COTP 

or the COTP’s designated representative. 

(2) To seek permission to enter, 

contact the COTP or the COTP’s 

representative by telephone number 

410–576–2693 or on Marine Band Radio 

VHF–FM channel 16 (156.8 MHz). 

Those in the safety zone must comply 

with all lawful orders or directions 

given to them by the COTP or the 

COTP’s designated representative. 

(d) Enforcement officials. The U.S. 

Coast Guard may be assisted in the 

patrol and enforcement of the safety 

zone by Federal, State, and local 

agencies. 

(e) Enforcement. This safety zone will 

be enforced during the period described 

in paragraph (f) of this section. A 

‘‘BRIDGE WORK—DANGER—STAY 

AWAY’’ sign facing the northern and 

southern approaches of the navigation 

channel will be posted on the sides of 

the marine equipment on-scene within 

the location described in paragraph (a) 

of this section. 

(f) Enforcement period. This section 

will be enforced from 7 a.m. on March 

22, 2021, through 9 p.m. on March 26, 

2021. 

Dated: March 17, 2021. 

Joseph B. Loring, 

Captain, U.S. Coast Guard, Captain of the 

Port Sector Maryland—NCR. 

[FR Doc. 2021–05964 Filed 3–19–21; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 9 and 721 

[EPA–HQ–OPPT–2020–0138; FRL–10016– 

51] 

RIN 2070–AB27 

Significant New Use Rules on Certain 

Chemical Substances (20–4.B) 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is issuing significant new 

use rules (SNURs) under the Toxic 

Substances Control Act (TSCA) for 

chemical substances which were the 

subject of premanufacture notices 

(PMNs). This action requires persons to 

notify EPA least 90 days before 

commencing manufacture (defined by 

statute to include import) or processing 

of any of these chemical substances for 

an activity that is designated as a 

significant new use by this rule. This 

action further requires that persons not 

commence manufacture or processing 

for the significant new use until they 

have submitted a Significant New Use 

Notice (SNUN), and EPA has conducted 

a review of the notice, made an 

appropriate determination on the notice, 

and has taken any risk management 

actions as are required as a result of that 

determination. 

DATES: This rule is effective on May 21, 

2021. For purposes of judicial review, 

this rule shall be promulgated at 1 p.m. 

(e.s.t.) on April 5, 2021. 

FOR FURTHER INFORMATION CONTACT: For 

technical information contact: William 

Wysong, New Chemicals Division 

(7405M), Office of Pollution Prevention 

and Toxics, Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW, 

Washington, DC 20460–0001; telephone 

number: (202) 564–4163; email address: 

wysong.william@epa.gov. 

For general information contact: The 

TSCA-Hotline, ABVI-Goodwill, 422 

South Clinton Ave. Rochester, NY 

14620; telephone number: (202) 554– 

1404; email address: TSCA-Hotline@

epa.gov. 

SUPPLEMENTARY INFORMATION: 


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I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you manufacture, process, 

or use the chemical substances 

contained in this rule. The following list 

of North American Industrial 

Classification System (NAICS) codes is 

not intended to be exhaustive, but rather 

provides a guide to help readers 

determine whether this document 

applies to them. Potentially affected 

entities may include: 

• Manufacturers or processors of one 

or more subject chemical substances 

(NAICS codes 325 and 324110), e.g., 

chemical manufacturing and petroleum 

refineries. 

This action may also affect certain 

entities through pre-existing import 

certification and export notification 

rules under TSCA. Chemical importers 

are subject to the TSCA section 13 (15 

U.S.C. 2612) import provisions. This 

action may also affect certain entities 

through pre-existing import certification 

and export notification rules under 

TSCA, which would include the SNUR 

requirements. The EPA policy in 

support of import certification appears 

at 40 CFR part 707, subpart B. In 

addition, pursuant to 40 CFR 721.20, 

any persons who export or intend to 

export a chemical substance that is the 

subject of this rule are subject to the 

export notification provisions of TSCA 

section 12(b) (15 U.S.C. 2611(b)), and 

must comply with the export 

notification requirements in 40 CFR part 

707, subpart D. 

B. How can I access the docket? 

The docket includes information 

considered by the Agency in developing 

the proposed and final rules. The docket 

for this action, identified by docket 

identification (ID) number EPA–HQ– 

OPPT–2020–0138, is available at 

https://www.regulations.gov and 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 https://www.epa.gov/dockets. 

Due to the public health emergency, 

the EPA Docket Center (EPA/DC) and 

Reading Room is closed to visitors with 

limited exceptions. The staff continues 

to provide remote customer service via 

email, phone, and webform. For the 

latest status information on EPA/DC 

services and docket access, visit https:// 

www.epa.gov/dockets. 

II. Background 

A. What action is the Agency taking? 

EPA is finalizing SNURs under TSCA 

section 5(a)(2) for chemical substances 

which were the subject of PMNs P–18– 

59, P–18–60, and P–18–381. These 

SNURs require persons who intend to 

manufacture or process any of these 

chemical substances for an activity that 

is designated as a significant new use to 

notify EPA at least 90 days before 

commencing that activity. 

Previously, in the Federal Register of 

April 17, 2020 (85 FR 21366) (FRL– 

10007–50), EPA proposed SNURs for 

these 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 

docket includes information considered 

by the Agency in developing the 

proposed and final rules, including 

public comments and EPA’s responses 

to the public comments received on the 

proposed rules, as described in Unit IV. 

B. What is the Agency’s authority for 

taking this action? 

TSCA section 5(a)(2) (15 U.S.C. 

2604(a)(2)) authorizes EPA to determine 

that a use of a chemical substance is a 

‘‘significant new use.’’ EPA must make 

this determination by rule after 

considering all relevant factors, 

including the four TSCA section 5(a)(2) 

factors listed in Unit III. 

C. Do the SNUR general provisions 

apply? 

General provisions for SNURs appear 

in 40 CFR part 721, subpart A. These 

provisions describe persons subject to 

the rule, recordkeeping requirements, 

exemptions to reporting requirements, 

and applicability of the rule to uses 

occurring before the effective date of the 

rule. Provisions relating to user fees 

appear at 40 CFR part 700. Pursuant to 

40 CFR 721.1(c), persons subject to these 

SNURs must comply with the same 

SNUN requirements and EPA regulatory 

procedures as submitters of PMNs under 

TSCA section 5(a)(1)(A). 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), 5(h)(2), 5(h)(3), and 

5(h)(5) and the regulations at 40 CFR 

part 720. Once EPA receives a SNUN, 

EPA must either determine that the 

significant new use is not likely to 

present an unreasonable risk of injury or 

take such regulatory action as is 

associated with an alternative 

determination before manufacture or 

processing for the significant new use 

can commence. If EPA determines that 

the significant new use is not likely to 

present an unreasonable risk, EPA is 

required under TSCA section 5(g) to 

make public, and submit for publication 

in the Federal Register, a statement of 

EPA’s findings. 

III. Significant New Use Determination 

A. Determination Factors 

TSCA section 5(a)(2) states that EPA’s 

determination that a use of a chemical 

substance is a significant new use must 

be made after consideration of all 

relevant factors, including: 

• The projected volume of 

manufacturing and processing of a 

chemical substance. 

• The extent to which a use changes 

the type or form of exposure of human 

beings or the environment to a chemical 

substance. 

• The extent to which a use increases 

the magnitude and duration of exposure 

of human beings or the environment to 

a chemical substance. 

• The reasonably anticipated manner 

and methods of manufacturing, 

processing, distribution in commerce, 

and disposal of a chemical substance. 

In determining what would constitute 

a significant new use for the chemical 

substances that are the subject of these 

SNURs, EPA considered relevant 

information about the toxicity of the 

chemical substances, and potential 

human exposures and environmental 

releases that may be associated with the 

substances, in the context of the four 

bulleted TSCA section 5(a)(2) factors 

listed in this unit. During its review of 

these chemicals, EPA identified certain 

conditions of use that are not intended 

by the submitters, but reasonably 

foreseen to occur. EPA is designating 

those reasonably foreseen conditions of 

use as well as certain other 

circumstances of use as significant new 

uses. 

B. Procedures for Significant New Uses 

Claimed as Confidential Business 

Information (CBI) 

By this rule, EPA is establishing 

certain significant new uses which have 

been claimed as CBI subject to Agency 

confidentiality regulations at 40 CFR 

part 2 and 40 CFR part 720, subpart E. 

Absent a final determination or other 

disposition of the confidentiality claim 

under 40 CFR part 2 procedures, EPA is 


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required to keep this information 

confidential. EPA promulgated a 

procedure to deal with the situation 

where a specific significant new use is 

CBI, at 40 CFR 721.1725(b)(1) and has 

referenced it to apply to other SNURs. 

Under these procedures a 

manufacturer or processor may request 

EPA to determine whether a specific use 

would be a significant new use under 

the rule. The manufacturer or processor 

must show that it has a bona fide intent 

to manufacture or process the chemical 

substance and must identify the specific 

use for which it intends to manufacture 

or process the chemical substance. If 

EPA concludes that the person has 

shown a bona fide intent to manufacture 

or process the chemical substance, EPA 

will tell the person whether the use 

identified in the bona fide submission 

would be a significant new use under 

the rule. Since most of the chemical 

identities of the chemical substances 

subject to these SNURs are also CBI, 

manufacturers and processors can 

combine the bona fide submission 

under the procedure in 40 CFR 

721.1725(b)(1) with that under 40 CFR 

721.11 into a single step. 

If EPA determines that the use 

identified in the bona fide submission 

would not be a significant new use, i.e., 

the use does not meet the criteria 

specified in the rule for a significant 

new use, that person can manufacture or 

process the chemical substance so long 

as the significant new use trigger is not 

met. In the case of a production volume 

trigger, this means that the aggregate 

annual production volume does not 

exceed that identified in the bona fide 

submission to EPA. Because of 

confidentiality concerns, EPA does not 

typically disclose the actual production 

volume that constitutes the use trigger. 

Thus, if the person later intends to 

exceed that volume, a new bona fide 

submission would be necessary to 

determine whether that higher volume 

would be a significant new use. 

IV. Public Comments 

EPA received public comments from 

two identifying entities on the proposed 

rule. The Agency’s responses are 

described in a separate Response to 

Public Comments document contained 

in the public docket for this rulemaking. 

EPA made one change to a final rule as 

described in the document. EPA also 

received one anonymous comment. It 

was general in nature and did not 

pertain to the proposed rule; therefore, 

no response is required. 

V. Substances Subject to This Rule 

EPA is establishing significant new 

use and recordkeeping requirements for 

chemical substances in 40 CFR part 721, 

subpart E. In Unit IV. of the proposed 

SNUR, EPA provided the following 

information for each chemical 

substance: 

• PMN number. 

• Chemical name (generic name, if 

the specific name is claimed as CBI). 

• Chemical Abstracts Service (CAS) 

Registry number (if assigned for nonconfidential chemical identities). 

• Basis for the SNUR. 

• Potentially useful information. 

• CFR citation assigned in the 

regulatory text section of this final rule. 

The regulatory text section of these 

rules specifies the activities designated 

as significant new uses. Certain new 

uses, including production volume 

limits and other uses designated in the 

rules, may be claimed as CBI. 

VI. Rationale and Objectives of the Rule 

A. Rationale 

During review of the PMNs submitted 

for the chemical substances that are the 

subject of these SNURs and as further 

discussed in Unit IV. of the proposed 

rule, EPA identified certain other 

reasonably foreseen conditions of use in 

addition to those conditions of use 

intended by the submitter. EPA has 

preliminarily determined that the 

chemical under the intended conditions 

of use is not likely to present an 

unreasonable risk. However, EPA has 

not assessed risks associated with the 

reasonably foreseen conditions of use. 

EPA is designating these conditions of 

use as well as certain other 

circumstances of use as significant new 

uses. As a result, those significant new 

uses cannot occur without going 

through a separate, subsequent EPA 

review and determination process 

associated with a SNUN. 

B. Objectives 

EPA is issuing these SNURs because 

the Agency wants: 

• To have an opportunity to review 

and evaluate data submitted in a SNUN 

before the notice submitter begins 

manufacturing or processing a listed 

chemical substance for the described 

significant new use. 

• To be obligated to make a 

determination under TSCA section 

5(a)(3) regarding the use described in 

the SNUN, under the conditions of use. 

The Agency will either determine under 

section 5(a)(3)(C) that the significant 

new use is not likely to present an 

unreasonable risk, including an 

unreasonable risk to a potentially 

exposed or susceptible subpopulation 

identified as relevant by the 

Administrator under the conditions of 

use, or make a determination under 

TSCA section 5(a)(3)(A) or (B) and take 

the required regulatory action associated 

with the determination, before 

manufacture or processing for the 

significant new use of the chemical 

substance can occur. 

• To be able to complete its review 

and determination on each of the PMN 

substances, while deferring analysis on 

the significant new uses proposed in 

these rules unless and until the Agency 

receives a SNUN. 

Issuance of a SNUR for a chemical 

substance does not signify that the 

chemical substance is listed on the 

TSCA Inventory. Guidance on how to 

determine if a chemical substance is on 

the TSCA Inventory is available on the 

internet at https://www.epa.gov/tscainventory. 

VII. Applicability of the Rules to Uses 

Occurring Before the Effective Date of 

the Final Rule 

To establish a significant new use, 

EPA must determine that the use is not 

ongoing. The chemical substances 

subject to this rule were undergoing 

premanufacture review at the time of 

signature of the proposed rule and were 

not on the TSCA inventory. In cases 

where EPA has not received a notice of 

commencement (NOC) and the chemical 

substance has not been added to the 

TSCA Inventory, no person may 

commence such activities without first 

submitting a PMN. Therefore, for the 

chemical substances subject to these 

SNURs EPA concluded at the time of 

signature of the proposed rule that the 

designated significant new uses were 

not ongoing. 

EPA designated April 2, 2020 (the 

date of web posting of the proposed 

rule) as the cutoff date for determining 

whether the new use is ongoing. The 

objective of EPA’s approach is to ensure 

that a person cannot defeat a SNUR by 

initiating a significant new use before 

the effective date of the final rule. 

Persons who began commercial 

manufacture or processing of the 

chemical substances for a significant 

new use identified on or after that date 

will have to cease any such activity 

upon the effective date of the final rule. 

To resume their activities, these persons 

would have to first comply with all 

applicable SNUR notification 

requirements and EPA would have to 

take action under TSCA section 5 

allowing manufacture or processing to 

proceed. 

VIII. Development and Submission of 

Information 

EPA recognizes that TSCA section 5 

does not require development of any 


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particular new information (e.g., 

generating test data) before submission 

of a SNUN. There is an exception: If a 

person is required to submit information 

for a chemical substance pursuant to a 

rule, Order or consent agreement under 

TSCA section 4, then TSCA section 

5(b)(1)(A) requires such information to 

be submitted to EPA at the time of 

submission of the SNUN. 

In the absence of a rule, Order, or 

consent agreement under TSCA section 

4 covering the chemical substance, 

persons are required only to submit 

information in their possession or 

control and to describe any other 

information known to or reasonably 

ascertainable by them (see 40 CFR 

720.50). However, upon review of PMNs 

and SNUNs, the Agency has the 

authority to require appropriate testing. 

Unit IV. of the proposed rule lists 

potentially useful information for all 

SNURs listed here. Descriptions are 

provided for informational purposes. 

The potentially useful information 

identified in Unit IV. of the proposed 

rule will be useful to EPA’s evaluation 

in the event that someone submits a 

SNUN for the significant new use. 

Companies who are considering 

submitting a SNUN are encouraged, but 

not required, to develop the information 

on the substance, which may assist with 

EPA’s analysis of the SNUN. 

EPA strongly encourages persons, 

before performing any testing, to consult 

with the Agency pertaining to protocol 

election. Furthermore, pursuant to 

TSCA section 4(h), which pertains to 

reduction of testing in vertebrate 

animals, EPA encourages consultation 

with the Agency on the use of 

alternative test methods and strategies 

(also called New Approach 

Methodologies, or NAMs), if available, 

to generate the recommended test data. 

EPA encourages dialog with Agency 

representatives to help determine how 

best the submitter can meet both the 

data needs and the objective of TSCA 

section 4(h). 

The potentially useful information 

described in Unit IV. of the proposed 

rule may not be the only means of 

providing information to evaluate the 

chemical substance associated with the 

significant new uses. However, 

submitting a SNUN without any test 

data may increase the likelihood that 

EPA will take action under TSCA 

sections 5(e) or 5(f). EPA recommends 

that potential SNUN submitters contact 

EPA early enough so that they will be 

able to conduct the appropriate tests. 

SNUN submitters should be aware 

that EPA will be better able to evaluate 

SNUNs which provide detailed 

information on the following: 

• Human exposure and 

environmental release that may result 

from the significant new use of the 

chemical substances. 

IX. SNUN Submissions 

According to 40 CFR 721.1(c), persons 

submitting a SNUN must comply with 

the same notification requirements and 

EPA regulatory procedures as persons 

submitting a PMN, including 

submission of test data on health and 

environmental effects as described in 40 

CFR 720.50. SNUNs must be submitted 

on EPA Form No. 7710–25, generated 

using e-PMN software, and submitted to 

the Agency in accordance with the 

procedures set forth in 40 CFR 720.40 

and 721.25. E–PMN software is 

available electronically at https://

www.epa.gov/reviewing-new-chemicalsunder-toxic-substances-control-act-tsca. 

X. Economic Analysis 

EPA has evaluated the potential costs 

of establishing SNUN requirements for 

potential manufacturers and processors 

of the chemical substances subject to 

this rule. EPA’s complete economic 

analysis is available in the docket for 

this rulemaking. 

XI. Statutory and Executive Order 

Reviews 

Additional information about these 

statutes and Executive orders can be 

found at https://www.epa.gov/lawsregulations-and-executive-orders. 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulations 

and Regulatory Review 

This action establishes SNURs for 

new chemical substances that were the 

subject of PMNs. The Office of 

Management and Budget (OMB) has 

exempted these types of actions from 

review under Executive Orders 12866 

(58 FR 51735, October 4, 1993) and 

13563 (76 FR 3821, January 21, 2011). 

B. Paperwork Reduction Act (PRA) 

According to PRA, 44 U.S.C. 3501 et 

seq., an agency may not conduct or 

sponsor, and a person is not required to 

respond to a collection of information 

that requires OMB approval under PRA, 

unless it has been approved by OMB 

and displays a currently valid OMB 

control number. The OMB control 

numbers for EPA’s regulations in title 40 

of the CFR, after appearing in the 

Federal Register, are listed in 40 CFR 

part 9, and included on the related 

collection instrument or form, if 

applicable. 

The information collection 

requirements related to this action have 

already been approved by OMB 

pursuant to PRA under OMB control 

number 2070–0012 (EPA ICR No. 574). 

This action does not impose any burden 

requiring additional OMB approval. If 

an entity were to submit a SNUN to the 

Agency, the annual burden is estimated 

to average between 30 and 170 hours 

per response. This burden estimate 

includes the time needed to review 

instructions, search existing data 

sources, gather and maintain the data 

needed, and complete, review, and 

submit the required SNUN. 

Send any comments about the 

accuracy of the burden estimate, and 

any suggested methods for minimizing 

respondent burden, including through 

the use of automated collection 

techniques, to the Director, Regulatory 

Support Division, Office of Mission 

Support (2822T), Environmental 

Protection Agency, 1200 Pennsylvania 

Ave. NW, Washington, DC 20460–0001. 

Please remember to include the OMB 

control number in any correspondence, 

but do not submit any completed forms 

to this address. 

C. Regulatory Flexibility Act (RFA) 

Pursuant to RFA section 605(b), 5 

U.S.C. 601 et seq., I hereby certify that 

promulgation of this SNUR would not 

have a significant adverse economic 

impact on a substantial number of small 

entities. The requirement to submit a 

SNUN applies to any person (including 

small or large entities) who intends to 

engage in any activity described in the 

final rule as a ‘‘significant new use’’. 

Because these uses are ‘‘new,’’ based on 

all information currently available to 

EPA, it appears that no small or large 

entities presently engage in such 

activities. A SNUR requires that any 

person who intends to engage in such 

activity in the future must first notify 

EPA by submitting a SNUN. Although 

some small entities may decide to 

pursue a significant new use in the 

future, EPA cannot presently determine 

how many, if any, there may be. 

However, EPA’s experience to date is 

that, in response to the promulgation of 

SNURs covering over 1,000 chemicals, 

the Agency receives only a small 

number of notices per year. For 

example, the number of SNUNs 

received was seven in Federal fiscal 

year (FY) 2013, 13 in FY2014, six in 

FY2015, 12 in FY2016, 13 in FY2017, 

and 11 in FY2018. Only a fraction of 

these were from small businesses. In 

addition, the Agency currently offers 

relief to qualifying small businesses by 

reducing the SNUN submission fee from 

$16,000 to $2,800. This lower fee 

reduces the total reporting and 

recordkeeping of cost of submitting a 


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SNUN to about $10,116 for qualifying 

small firms. Therefore, the potential 

economic impacts of complying with 

this SNUR are not expected to be 

significant or adversely impact a 

substantial number of small entities. In 

a SNUR that published in the Federal 

Register of June 2, 1997 (62 FR 29684) 

(FRL–5597–1), the Agency presented its 

general determination that final SNURs 

are not expected to have a significant 

economic impact on a substantial 

number of small entities, which was 

provided to the Chief Counsel for 

Advocacy of the Small Business 

Administration. 

D. Unfunded Mandates Reform Act 

(UMRA) 

Based on EPA’s experience with 

proposing and finalizing SNURs, State, 

local, and Tribal governments have not 

been impacted by these rulemakings, 

and EPA does not have any reasons to 

believe that any State, local, or Tribal 

government will be impacted by this 

action. As such, EPA has determined 

that this action does not impose any 

enforceable duty, contain any unfunded 

mandate, or otherwise have any effect 

on small governments subject to the 

requirements of UMRA sections 202, 

203, 204, or 205 (2 U.S.C. 1501 et seq.). 

E. Executive Order 13132: Federalism 

This action will not have federalism 

implications because it is not expected 

to have a substantial direct effect on 

States, on the relationship between the 

National Government and the States, or 

on the distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999). 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action will not have Tribal 

implications because it is not expected 

to have substantial direct effects on 

Indian Tribes, significantly or uniquely 

affect the communities of Indian Tribal 

governments and does not involve or 

impose any requirements that affect 

Indian Tribes. Accordingly, the 

requirements of Executive Order 13175 

(65 FR 67249, November 9, 2000), do 

not apply to this action. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

This action is not subject to Executive 

Order 13045 (62 FR 19885, April 23, 

1997), because this is not an 

economically significant regulatory 

action as defined by Executive Order 

12866, and this action does not address 

environmental health or safety risks 

disproportionately affecting children. 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not subject to Executive 

Order 13211 (66 FR 28355, May 22, 

2001), because this action is not a 

significant regulatory action under 

Executive Order 12866. 

I. National Technology Transfer and 

Advancement Act (NTTAA) 

In addition, since this action does not 

involve any technical standards, 

NTTAA section 12(d), 15 U.S.C. 272 

note, does not apply to this action. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

This action does not entail special 

considerations of environmental justice 

related issues as delineated by 

Executive Order 12898 (59 FR 7629, 

February 16, 1994). 

K. Congressional Review Act (CRA) 

This action is subject to the CRA (5 

U.S.C. 801 et seq.), and EPA will submit 

a rule report containing this rule and 

other required information to each 

House of the Congress and to the 

Comptroller General of the United 

States. This action is not a ‘‘major rule’’ 

as defined by 5 U.S.C. 804(2). 

List of Subjects 

40 CFR Part 9 

Environmental protection, Reporting 

and recordkeeping requirements. 

40 CFR Part 721 

Environmental protection, Chemicals, 

Hazardous substances, Reporting and 

recordkeeping requirements. 

Dated: December 2, 2020. 

Tala Henry, 

Deputy Director, Office of Pollution 

Prevention and Toxics. 

Editorial note: This document was 

received for publication by the Office of the 

Federal Register on March 2, 2021. 

Therefore, for the reasons stated in the 

preamble, 40 CFR chapter I is amended 

as follows: 

PART 9—OMB APPROVALS UNDER 

THE PAPERWORK REDUCTION ACT 

■ 1. The authority citation for part 9 

continues to read as follows: 

Authority: 7 U.S.C. 135 et seq., 136–136y; 

15 U.S.C. 2001, 2003, 2005, 2006, 2601–2671; 

21 U.S.C. 331j, 346a, 31 U.S.C. 9701; 33 

U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318, 

1321, 1326, 1330, 1342, 1344, 1345 (d) and 

(e), 1361; E.O. 11735, 38 FR 21243, 3 CFR, 

1971–1975 Comp. p. 973; 42 U.S.C. 241, 

242b, 243, 246, 300f, 300g, 300g–1, 300g–2, 

300g–3, 300g–4, 300g–5, 300g–6, 300j–1, 

300j–2, 300j–3, 300j–4, 300j–9, 1857 et seq., 

6901–6992k, 7401–7671q, 7542, 9601–9657, 

11023, 11048. 

■ 2. In § 9.1, amend the table by adding 

entries for §§ 721.11463 through 

721.11465 in numerical order under the 

undesignated center heading 

‘‘Significant New Uses of Chemical 

Substances’’ to read as follows: 

§ 9.1 OMB approvals under the Paperwork 

Reduction Act. 

* * * * * 

40 CFR citation OMB 

control No. 

* * * * * 

Significant New Uses of 

Chemical Substances 

* * * * * 

721.11463 ............................. 2070–0012 

721.11464 ............................. 2070–0012 

721.11465 ............................. 2070–0012 

* * * * * 

* * * * * 

PART 721—SIGNIFICANT NEW USES 

OF CHEMICAL SUBSTANCES 

■ 3. The authority citation for part 721 

continues to read as follows: 

Authority: 15 U.S.C. 2604, 2607, and 

2625(c). 

■ 4. Add §§ 721.11463 through 

721.11465 to subpart E to read as 

follows: 

§ 721.11463 Butanoic acid, 4- 

(dimethylamino)-, ethyl ester. 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substance identified as 

butanoic acid, 4-(dimethylamino)-, ethyl 

ester (PMN P–18–59; CAS No. 22041– 

23–2) is subject to reporting under this 

section for the significant new uses 

described in paragraph (a)(2) of this 

section. 

(2) The significant new uses are: 

(i) Protection in the workplace. 

Requirements as specified in 

§ 721.63(a)(4) and (5), (a)(6)(v), (b), and 

(c). When determining which persons 

are reasonably likely to be exposed as 

required for § 721.63(a)(4), engineering 

control measures (e.g., enclosure or 

confinement of the operation, general 

and local ventilation) or administrative 

control measures (e.g., workplace 


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Federal Register / Vol. 86, No. 53 / Monday, March 22, 2021 / Rules and Regulations 15101 

policies and procedures) shall be 

considered and implemented to prevent 

exposure, where feasible. For purposes 

of § 721.63(a)(5) respirators must 

provide a National Institute for 

Occupational Safety and Health 

assigned protection factor of at least 

1,000. For purposes of § 721.63(b) 

concentration set at 1.0%. 

(ii) Industrial, commercial, and 

consumer activities. Requirements as 

specified in § 721.80(g). 

(b) Specific requirements. The 

provisions of subpart A of this part 

apply to this section except as modified 

by this paragraph (b). 

(1) Recordkeeping. Recordkeeping 

requirements as specified in 

§ 721.125(a) through (d) and (i) are 

applicable to manufacturers and 

processors of this substance. 

(2) Limitations or revocation of 

certain notification requirements. The 

provisions of § 721.185 apply to this 

section. 

§ 721.11464 1-Butanaminium, 4-amino-N- 

(2-hydroxy-3-sulfopropyl)-N,N-dimethyl-4- 

oxo-, N-coco alkyl derivs., inner salts. 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substance identified as 

1-butanaminium, 4-amino-N-(2- 

hydroxy-3-sulfopropyl)-N,N-dimethyl-4- 

oxo-, N-coco alkyl derivs., inner salts. 

(PMN P–18–60, CAS No. 2041102–83–2) 

is subject to reporting under this section 

for the significant new uses described in 

paragraph (a)(2) of this section. 

(2) The significant new uses are: 

(i) Industrial, commercial, and 

consumer activities. Requirements as 

specified in § 721.80(j). It is a significant 

new use to manufacture or process the 

substance in a manner that results in 

inhalation exposure. 

(ii) Release to water. Requirements as 

specified in § 721.90(a)(4), (b)(4), and 

(c)(4) where N = 7.3. 

(b) Specific requirements. The 

provisions of subpart A of this part 

apply to this section except as modified 

by this paragraph (b). 

(1) Recordkeeping. Recordkeeping 

requirements as specified in 

§ 721.125(a) through (c), (i), and (k) are 

applicable to manufacturers and 

processors of this substance. 

(2) Limitations or revocation of 

certain notification requirements. The 

provisions of § 721.185 apply to this 

section. 

(3) Determining whether a specific use 

is subject to this section. The provisions 

of § 721.1725(b)(1) apply to paragraph 

(a)(2)(i) of this section. 

§ 721.11465 Indium manganese yttrium 

oxide. 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substance identified as 

indium manganese yttrium oxide (PMN 

P–18–381; CAS No. 1239902–45–4) is 

subject to reporting under this section 

for the significant new uses described in 

paragraph (a)(2) of this section. 

(2) The significant new uses are: 

(i) Protection in the workplace. 

Requirements as specified in 

§ 721.63(a)(4) and (5), (a)(6)(v), (b), and 

(c). When determining which persons 

are reasonably likely to be exposed as 

required for § 721.63(a)(4), engineering 

control measures (e.g., enclosure or 

confinement of the operation, general 

and local ventilation) or administrative 

control measures (e.g., workplace 

policies and procedures) shall be 

considered and implemented to prevent 

exposure, where feasible. For purposes 

of § 721.63(a)(5) respirators must 

provide a National Institute for 

Occupational Safety and Health 

assigned protection factor of at least 50. 

For purposes of § 721.63(b) 

concentration set at 1.0%. 

(ii) Industrial, commercial, and 

consumer activities. Requirements as 

specified in § 721.80(j). It is a significant 

new use to use the substance in a 

consumer product that is spray applied. 

(b) Specific requirements. The 

provisions of subpart A of this part 

apply to this section except as modified 

by this paragraph (b). 

(1) Recordkeeping. Recordkeeping 

requirements as specified in 

§ 721.125(a) through (d) and (i) are 

applicable to manufacturers and 

processors of this substance. 

(2) Limitations or revocation of 

certain notification requirements. The 

provisions of § 721.185 apply to this 

section. 

(3) Determining whether a specific use 

is subject to this section. The provisions 

of § 721.1725(b)(1) apply to paragraph 

(a)(2)(ii) of this section. 

[FR Doc. 2021–04630 Filed 3–19–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2015–0189; FRL–10019– 

83–Region 6] 

Air Plan Approval; Arkansas; Regional 

Haze and Interstate Visibility Transport 

Federal Implementation Plan; 

Withdrawal of Federal Implementation 

Plan Provisions for the Domtar 

Ashdown Mill 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

withdraw the remaining portion of a 

Federal Implementation Plan (FIP) for 

Arkansas that was published in the 

Federal Register on September 27, 2016, 

which addressed certain regional haze 

obligations for the first implementation 

period for the Domtar Ashdown Mill. 

Specifically, this remaining portion of 

the FIP we are withdrawing contains 

best available retrofit technology 

(BART) requirements for sulfur dioxide 

(SO2) and nitrogen oxide (NOX) for 

Domtar Ashdown Mill Power Boiler No. 

1; and SO2, NOX, and particulate matter 

(PM) BART requirements for Power 

Boiler No. 2. These portions of the FIP 

are being replaced by a revision to the 

Arkansas State Implementation Plan 

(SIP) containing SO2, NOX, and PM10

BART alternative emission limitations 

that we are taking final action to 

approve in a separate rulemaking that is 

also being published in this issue of the 

Federal Register. 

DATES: This final rule will be effective 

April 21, 2021. 

ADDRESSES: The EPA has established a 

docket for this action under Docket No. 

EPA–R06–OAR–2015–0189. All 

documents in the docket are listed at the 

http://www.regulations.gov website. 

Although listed in the index, some 

information is not publicly available, 

e.g., confidential business information 

or other information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically through http://

www.regulations.gov or in hard copy at 

the EPA Region 6, 1201 Elm Street, 

Suite 500, Dallas, Texas 75270–2102. 

FOR FURTHER INFORMATION CONTACT: 

James E. Grady, Air and Radiation 

Division, Environmental Protection 


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