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[Federal Register Volume 78, Number 212 (Friday, November 1, 2013)]
[Rules and Regulations]
[Pages 65570-65573]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-25981]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 721

[EPA-HQ-OPPT-2008-0918; FRL-9901-97]
RIN 2070-AB27

Modification of Significant New Uses of 1-Propene, 2,3,3,3-
tetrafluoro-

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: Under the Toxic Substances Control Act (TSCA), EPA is 
finalizing an amendment to the significant new use rule (SNUR) for the 
chemical substance identified as 1-Propene, 2,3,3,3-tetrafluoro-, which 
was the subject of premanufacture notice (PMN) P-07-601. This action 
amends the SNUR to allow the manufacture and processing for certain 
uses without requiring a significant new use notice (SNUN). EPA is 
finalizing this amendment based on review of newly submitted exposure 
and toxicity data.

DATES: This final rule is effective December 2, 2013.

ADDRESSES: The docket for this action, identified by docket 
identification (ID) number EPA-HQ-OPPT-2008-0918 is available at http://www.regulations.gov or at the Office of Pollution Prevention and 
Toxics Docket (OPPT Docket), Environmental Protection Agency Docket 
Center (EPA/DC), EPA West Bldg., Rm. 3334, 1301 Constitution Ave. NW., 
Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 
p.m., Monday through Friday, excluding legal holidays. The telephone 
number for the Public Reading Room is (202) 566-1744, and the telephone 
number for the OPPT Docket is (202) 566-0280. Please review the visitor 
instructions and additional information about the docket available at 
http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: For technical information contact: Jim 
Alwood, Chemical Control Division (7405M), Office of Pollution 
Prevention and Toxics, Environmental Protection Agency, 1200 
Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number: 
(202) 564-8974; email address: alwood.jim@epa.gov.
    For general information contact: The TSCA-Hotline, ABVI-Goodwill, 
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202) 
554-1404; email address: TSCA-Hotline@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Does this action apply to me?

    You may be potentially affected by this action if you manufacture, 
process, or use the chemical substance identified as 1-Propene, 
2,3,3,3-tetrafluoro- (PMN P-07-601). Potentially affected entities may 
include, but are not limited to:
     Manufacturers or processors of the subject chemical 
substance (NAICS codes 325 and 324110), e.g., chemical manufacturers 
and petroleum refineries.
    This listing is not intended to be exhaustive, but rather provides 
a guide for readers regarding entities likely to be affected by this 
action. Other types of entities not listed in this unit could also be 
affected. The North American Industrial Classification System (NAICS) 
codes have been provided to assist you and others in determining 
whether this action might apply to certain entities. To determine 
whether you or your business may be affected by this action, you should 
carefully examine the applicability provisions in Sec.  721.5. If you 
have any questions regarding the applicability of this action to a 
particular entity, consult the technical person listed under FOR 
FURTHER INFORMATION CONTACT.
    This action may also affect certain entities through pre-existing 
import certification and export notification rules under TSCA. Chemical 
importers are subject to the TSCA section 13 (15 U.S.C. 2612) import 
certification requirements promulgated at 19 CFR 12.118 through 12.127, 
and 19 CFR 127.28. Chemical importers must certify that the shipment of 
the chemical substance complies with all applicable rules and orders 
under TSCA. Importers of chemicals subject to a SNUR must certify their 
compliance with the SNUR requirements. The EPA policy in support of 
import certification appears at 40 CFR part 707, subpart B. In 
addition, any persons who export or intend to export the chemical 
substance that is the subject of a proposed or final SNUR are subject 
to the export notification provisions of TSCA section 12(b) (15 U.S.C. 
2611(b)) (see Sec.  721.20), and must comply with the export 
notification requirements in 40 CFR part 707, subpart D.

[[Page 65571]]

II. Background

A. What action is the agency taking?

    EPA is finalizing an amendment to the SNUR for the chemical 
substance identified as 1-Propene, 2,3,3,3-tetrafluoro-, (PMN P-07-601; 
CAS No. 754-12-1; which is also identified by the trade name HFO-
1234yf), codified at 40 CFR 721.10182. This final action removes the 
requirement to notify EPA at least 90 days prior to the manufacture or 
processing of the chemical substance for the consumer use to recharge 
the motor vehicle air conditioning systems in passenger cars and 
vehicles in which the original charging of motor vehicle air 
conditioning systems with the PMN substance was done by the motor 
vehicle.
    This rule was proposed in the Federal Register issue of May 31, 
2013 (78 FR 32617) (FRL-9387-7). EPA received three public comments 
supporting the proposed modification. One of the commenters also noted 
a potential ambiguity in the proposed regulatory text. Part of the 
proposed regulatory text would identify a significant new use as ``use 
in consumer products other than products used to recharge the motor 
vehicle air conditioning systems in passenger cars and vehicles in 
which the charging of motor vehicle air conditioning systems with the 
PMN substance was done by the motor vehicle original equipment 
manufacturer (OEM)''. The commenter stated this could be construed to 
allow only one recharge of automotive air conditioning systems 
originally charged with HFO-1234yf. To clarify this ambiguity the 
commenter suggested revising the proposed text to ``use in consumer 
products other than products used to recharge the motor vehicle air 
conditioning systems in passenger cars and vehicles in which the 
original charging of motor vehicle air conditioning systems with the 
PMN substance was done by the motor vehicle OEM'' (the proposed 
revision is in italics). The commenter also suggested a similar change 
to the regulatory text for the significant new use designation for 
commercial use. EPA agrees with this clarification that the regulatory 
text is not intended to allow only one recharge of automotive air 
conditioning systems originally charged with HFO-1234yf. Therefore, the 
Agency is issuing a final amended SNUR, that:
    1. No longer requires notification prior to the manufacture or 
processing for the consumer use to recharge the motor vehicle air 
conditioning systems in passenger cars and vehicles in which the 
original charging of motor vehicle air conditioning systems with the 
PMN substance was done by the motor vehicle OEM.
    2. Clarifies the language in the regulatory text that manufacture 
and processing for use as a refrigerant in motor vehicle air 
conditioning systems in new passenger cars and vehicles as reported in 
the original PMN is not a significant new use.
    3. Clarifies the language in the regulatory text for commercial and 
consumer use that it is not intended to allow only one recharge of 
automotive air conditioning systems originally charged with HFO-1234yf.

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 the four bulleted TSCA section 5(a)(2) 
factors, listed in Unit IV. of this document. Once EPA determines that 
a use of a chemical substance is a significant new use, TSCA section 
5(a)(1)(B) requires persons to submit a significant new use notice 
(SNUN) to EPA at least 90 days before they manufacture or process the 
chemical substance for that use. Persons who must report are described 
in Sec.  721.5.

III. Rationale for the Rule

    During review of PMN P-07-601, the chemical substance identified as 
1-Propene, 2,3,3,3-tetrafluoro-, EPA determined that one or more of the 
criteria of concern established at Sec.  721.170 were met and 
regulation under section 5(a)(2) of TSCA was warranted. The basis for 
such criteria of concern is outlined in Unit II.A. of the proposed rule 
and in the Federal Register document of June 26, 1990 (55 FR 26102). 
Based on these findings, a SNUR was promulgated pursuant to Sec.  
721.170.
    After the review of new test data and information subsequent to 
issuance of the SNUR (see Unit II.A of the proposed rule), and 
consideration of the factors included in TSCA section 5(a)(2) (see Unit 
IV.), EPA determined that the concern criteria in Sec.  721.170(b) are 
no longer met for the consumer use in the recharge of motor vehicle air 
conditioning systems originally charged with the PMN substance by the 
motor vehicle OEM.

IV. Significant New Use Determination

    Section 5(a)(2) of TSCA states that EPA's determination that a use 
of a chemical substance is a significant new use must be made after 
consideration of all relevant factors, including:
     The projected volume of manufacturing and processing of a 
chemical substance.
     The extent to which a use changes the type or form of 
exposure of human beings or the environment to a chemical substance.
     The extent to which a use increases the magnitude and 
duration of exposure of human beings or the environment to a chemical 
substance.
     The reasonably anticipated manner and methods of 
manufacturing, processing, distribution in commerce, and disposal of a 
chemical substance.
    In addition to these factors enumerated in TSCA section 5(a)(2), 
the statute authorizes EPA to consider any other relevant factors. To 
determine that the consumer use in the recharge of motor vehicle air 
conditioning systems originally charged with the PMN substance by the 
motor vehicle OEM would not constitute a significant new use for the 
chemical substance identified as 1-Propene, 2,3,3,3-tetrafluoro-, (PMN 
P-07-601), EPA considered relevant information about the toxicity of 
the chemical substance, likely human exposures and environmental 
releases associated with possible uses, taking into consideration the 
four bulleted TSCA section 5(a)(2) factors listed in this unit.

V. Economic Analysis

    EPA evaluated the potential costs of establishing SNUN requirements 
for potential manufacturers and processors of the chemical substance 
during the development of the direct final rule. The Agency's complete 
Economic Analysis is available in the docket under docket ID number 
EPA-HQ-OPPT-2008-0918.

VI. Statutory and Executive Order Reviews

A. Executive Order 12866

    This action modifies a SNUR for a chemical substance that is the 
subject of a PMN. The Office of Management and Budget (OMB) has 
exempted these types of actions from review under Executive Order 
12866, entitled Regulatory Planning and Review (58 FR 51735, October 4, 
1993).

B. Paperwork Reduction Act

    According to the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et 
seq., an Agency may not conduct or sponsor, and a person is not 
required to respond to a collection of information that requires OMB 
approval under PRA, unless it has been approved by OMB and displays a 
currently valid OMB

[[Page 65572]]

control number. The OMB control numbers for EPA's regulations in title 
40 of the CFR, after appearing in the Federal Register, are listed in 
40 CFR part 9, and included on the related collection instrument or 
form, if applicable. EPA has amended the table in 40 CFR part 9 to list 
the OMB approval number for the information collection requirements 
contained in this rule. This listing of the OMB control numbers and 
their subsequent codification in the CFR satisfies the display 
requirements of PRA and OMB's implementing regulations at 5 CFR part 
1320.
    The information collection requirements related to this action have 
already been approved by OMB pursuant to PRA under OMB control number 
2070-0012 (EPA ICR No. 574). This action does not impose any burden 
requiring additional OMB approval. If an entity were to submit a SNUN 
to the Agency, the annual burden is estimated to average between 30 and 
170 hours per response. This burden estimate includes the time needed 
to review instructions, search existing data sources, gather and 
maintain the data needed, and complete, review, and submit the required 
SNUN.
    Send any comments about the accuracy of the burden estimate, and 
any suggested methods for minimizing respondent burden, including 
through the use of automated collection techniques, to the Director, 
Collection Strategies Division, Office of Environmental Information 
(2822T), Environmental Protection Agency, 1200 Pennsylvania Ave. NW., 
Washington, DC 20460-0001. Please remember to include the OMB control 
number in any correspondence, but do not submit any completed forms to 
this address.

C. Regulatory Flexibility Act

    On February 18, 2012, EPA certified pursuant to section 605(b) of 
the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.), that 
promulgation of a SNUR does not have a significant economic impact on a 
substantial number of small entities where the following are true:
    1. A significant number of SNUNs would not be submitted by small 
entities in response to the SNUR.
    2. The SNUN submitted by any small entity would not cost 
significantly more than $8,300.
    A copy of that certification is available in the docket for this 
rule.
    This rule is within the scope of the February 18, 2012 
certification. Based on the Economic Analysis discussed in Unit V. and 
EPA's experience promulgating SNURs (discussed in the certification), 
EPA believes that the following are true:
     A significant number of SNUNs would not be submitted by 
small entities in response to the SNUR.
     Submission of the SNUN would not cost any small entity 
significantly more than $8,300. Therefore, the promulgation of the SNUR 
would not have a significant economic impact on a substantial number of 
small entities.

D. Unfunded Mandates Reform Act

    Based on EPA's experience with proposing and finalizing SNURs, 
State, local, and Tribal governments have not been impacted by these 
rulemakings, and EPA does not have any reasons to believe that any 
State, local, or Tribal government will be impacted by this final rule. 
As such, EPA has determined that this final rule does not impose any 
enforceable duty, contain any unfunded mandate, or otherwise have any 
affect on small governments subject to the requirements of sections 
202, 203, 204, or 205 of the Unfunded Mandates Reform Act of 1995 
(UMRA) (Pub. L. 104-4).

E. Executive Order 13132

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

F. Executive Order 13175

    This final rule does not have Tribal implications because it is not 
expected to have substantial direct effects on Indian Tribes. This 
final rule does not significantly nor uniquely affect the communities 
of Indian Tribal governments, nor does it involve or impose any 
requirements that affect Indian Tribes. Accordingly, the requirements 
of Executive Order 13175, entitled Consultation and Coordination with 
Indian Tribal Governments (65 FR 67249, November 9, 2000), do not apply 
to this final rule.

G. Executive Order 13045

    This action is not subject to Executive Order 13045, entitled 
Protection of Children from Environmental Health Risks and Safety Risks 
(62 FR 19885, April 23, 1997), because this is not an economically 
significant regulatory action as defined by Executive Order 12866, and 
this action does not address environmental health or safety risks 
disproportionately affecting children.

H. Executive Order 13211

    This action is not subject to Executive Order 13211, entitled 
Actions Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use (66 FR 28355, May 22, 2001), because this action 
is not expected to affect energy supply, distribution, or use and 
because this action is not a significant regulatory action under 
Executive Order 12866.

I. National Technology Transfer and Advancement Act

    In addition, since this action does not involve any technical 
standards, section 12(d) of the National Technology Transfer and 
Advancement Act of 1995 (NTTAA), Public Law 104-113, section 12(d) (15 
U.S.C. 272 note), does not apply to this action.

J. Executive Order 12898

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

VII. Congressional Review Act

    Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.), 
EPA will submit a report containing this rule and other required 
information to the U.S. Senate, the U.S. House of Representatives, and 
the Comptroller General of the United States prior to publication of 
the rule in the Federal Register. This action is not a ``major rule'' 
as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 721

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

    Dated: October 24, 2013.
Maria J. Doa,
Director, Chemical Control Division, Office of Pollution Prevention and 
Toxics.

    Therefore, 40 CFR part 721 is 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. In Sec.  721.10182, revise paragraphs (a)(1) and (a)(2)(i) to read 
as follows:

Sec.  721.10182  1-Propene, 2,3,3,3-tetrafluoro-.

    (a) * * *
    (1) The chemical substance identified as 1-propene, 2,3,3,3-
tetrafluoro- (PMN

[[Page 65573]]

P-07-601; CAS No. 754-12-1) is subject to reporting under this section 
for the significant new uses described in paragraph (a)(2) of this 
section.
    (2) * * *
    (i) Industrial, commercial, and consumer activities. A significant 
new use is use other than as a refrigerant in motor vehicle air 
conditioning systems in new passenger cars and vehicles (i.e., as 
defined in 40 CFR 82.32(c) and (d)); Sec.  721.80(m) (commercial use 
other than in passenger cars and vehicles in which the original 
charging of motor vehicle air conditioning systems with the PMN 
substance was done by the motor vehicle original equipment manufacturer 
(OEM)); Sec.  721.80(o) (use in consumer products other than products 
used to recharge the motor vehicle air conditioning systems in 
passenger cars and vehicles in which the original charging of motor 
vehicle air conditioning systems with the PMN substance was done by the 
motor vehicle OEM).
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[FR Doc. 2013-25981 Filed 10-31-13; 8:45 am]
BILLING CODE 6560-50-P
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