Federal Register / Vol. 80, No. 125 / Tuesday, June 30, 2015 / Rules and Regulations 37161 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2011–0079; FRL–9929–69– 

Region 6] 

Approval and Promulgation of 

Implementation Plans; Texas; Revision 

To Control Volatile Organic Compound 

Emissions From Storage Tanks and 

Transport Vessels 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Withdrawal of direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is withdrawing a direct 

final rule published on May 13, 2015 

because relevant adverse comments 

were received. The rule pertained to 

EPA approval of a Texas State 

Implementation Plan (SIP) revision for 

control of volatile organic compound 

(VOC) emissions from degassing of 

storage tanks, transport vessels and 

marine vessels. In a separate subsequent 

final rulemaking EPA will address the 

comments received. 

DATES: The direct final rule published at 

80 FR 27251 on May 13, 2015, is 

withdrawn effective June 30, 2015. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Robert M. Todd, (214) 665–2156, 

todd.robert@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document wherever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

the EPA. On May 13, 2015 we published 

a direct final rule approving a Texas 

State Implementation Plan (SIP) 

revision for control of volatile organic 

compound (VOC) emissions from 

degassing of storage tanks, transport 

vessels and marine vessels (80 FR 

27251). The direct final rule was 

published without prior proposal 

because we anticipated no adverse 

comments. We stated in the direct final 

rule that if we received relevant adverse 

comments by June 12, 2015 we would 

publish a timely withdrawal in the 

Federal Register. We received relevant 

adverse comments and accordingly are 

withdrawing the direct final rule. In a 

separate subsequent final rulemaking 

we will address the comments received. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: June 18, 2015. 

Ron Curry, 

Regional Administrator, Region 6. 

[FR Doc. 2015–15910 Filed 6–29–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 721 

[EPA–HQ–OPPT–2014–0649; FRL–9928–93] 

RIN 2070–AB27 

Modification of Significant New Uses 

of Certain Chemical Substances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is amending the 

significant new use rules (SNURs) under 

section 5(a)(2) of the Toxic Substances 

Control Act (TSCA) for 21 chemical 

substances which were the subject of 

premanufacture notices (PMNs). This 

action amends the SNURs to allow 

certain uses without requiring a 

significant new use notice (SNUN), and 

extends SNUN requirements to certain 

additional uses. EPA is amending these 

SNURs based on review of new data for 

each chemical substance. This action 

requires persons who intend to 

manufacture (including import) or 

process any of these 21 chemical 

substances for an activity that is 

designated as a significant new use by 

this proposed rule to notify EPA at least 

90 days before commencing that 

activity. The required notification 

would provide EPA with the 

opportunity to evaluate the intended 

use and, if necessary, to prohibit or limit 

that activity before it occurs. 

DATES: This final rule is effective August 

31, 2015. 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPPT–2014–0649, is 

available at http://www.regulations.gov 

or at the Office of Pollution Prevention 

and Toxics Docket (OPPT Docket), 

Environmental Protection Agency 

Docket Center (EPA/DC), West William 

Jefferson Clinton Bldg., Rm. 3334, 1301 

Constitution Ave. NW., Washington, 

DC. The Public Reading Room is open 

from 8:30 a.m. to 4:30 p.m., Monday 

through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the OPPT 

Docket is (202) 566–0280. Please review 

the visitor instructions and additional 

information about the docket available 

at http://www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

For technical information contact: Jim 

Alwood, Chemical Control Division, 

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 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 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 modified 

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 final rule are 

subject to the export notification 

provisions of TSCA section 12(b) (15 

U.S.C. 2611(b)) (see § 721.20), and must 

comply with the export notification 

requirements in 40 CFR part 707, 

subpart D. 

II. Background 

A. What action is the Agency taking? 

In the Federal Register of April 9, 

2015 (80 FR 19037) (FRL–9924–10), 

EPA proposed amendments to the 

SNURs for 24 chemical substances in 40 

CFR part 721 subpart E. This action 


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would require persons who intend to 

manufacture or process these chemical 

substances for an activity that is 

designated as a significant new use by 

these amended rules to notify EPA at 

least 90 days before commencing that 

activity. Receipt of such notices allows 

EPA to assess risks that may be 

presented by the intended uses and, if 

appropriate, to regulate the proposed 

use before it occurs. The proposed rule 

included 23 chemical substances where 

EPA determined, based on new 

information, there is no need to require 

additional notice from persons who 

propose to engage in identical or similar 

activities, or a rational basis no longer 

exists for the findings that activities 

involving the substance may present an 

unreasonable risk of injury to human 

health or the environment required 

under section 5(e)(1)(A) of the Act. The 

proposed rule also included a chemical 

substance, P–01–781, where EPA is 

modifying the chemical identity 

information. EPA is issuing a final 

SNUR amendment for 21 of the 24 

chemical substances. For 20 of those 

chemical substances, EPA received no 

public comments and is issuing the 

SNURs as proposed. For the chemical 

substance subject to the SNUR at 40 

CFR 721.10182, EPA received three 

public comments supporting the 

proposed SNUR amendments. One of 

those comments also asked EPA to 

clarify if the final modified rule would 

allow uses of the chemical substance 

either alone or as a component in a 

blend in retail food, cold storage, 

transport and industrial refrigeration 

units; commercial refrigeration, ice 

machines, and refrigerated vending 

machines produced by original 

equipment manufacturers; and 

servicing, repair, and recharging 

refrigeration units at grocery stores, 

convenience stores, transport, and cold 

storage facilities. As described in the 

proposed rule, EPA had already 

evaluated stationary refrigeration uses 

in a previous SNUN, S–14–11 and did 

not determine that those uses caused 

significant adverse health effects. After 

publication of the proposed rule, EPA 

reached decision on an additional 

SNUN, S–15–5, for this chemical 

substance for stationary and transport 

refrigeration uses currently not allowed 

in the SNUR. Because the Agency 

expects transport refrigeration uses will 

have similar exposures to those for 

stationary uses and the hazard findings 

have not changed, EPA did not 

determine that those uses caused 

significant adverse health effects. 

Therefore the final SNUR amendment 

will allow the transport refrigeration 

uses described in S–15–5 and the 

stationery refrigeration uses described 

in S–15–5 and S–14–11, which includes 

the uses described by the commenter. 

As described in the proposed rule EPA 

is now amending the SNURs pursuant 

to 40 CFR 721.185. 

EPA received public comments for the 

proposed SNUR amendments for the 

remaining three chemical substances of 

the 24 included in the proposed rule 

subject to SNURs at 40 CFR 721.5575, 

721.9675, and 721.10515. EPA will 

address these three proposed SNUR 

amendments in a separate action. 

B. What is the Agency’s authority for 

taking this action? 

Upon conclusion of the review of the 

21 chemical substances in this SNUR 

amendment, EPA designated certain 

activities as significant new uses. Under 

§ 721.185, EPA may at any time amend 

a SNUR for a chemical substance which 

has been added to subpart E of 40 CFR 

part 721 if EPA makes one of the 

determinations set forth in § 721.185. 

Amendments may occur on EPA’s 

initiative or in response to a written 

request. Under § 721.185(b)(3), if EPA 

concludes that a SNUR should be 

amended, the Agency will propose the 

changes in the Federal Register, briefly 

describe the grounds for the action, and 

provide interested parties an 

opportunity to comment. Pursuant to 

§ 721.185 and as described in Unit IV of 

the proposed rule for the 20 chemical 

substances EPA determined, based on 

new information, there is no need to 

require additional notice from persons 

who propose to engage in identical or 

similar activities, or a rational basis no 

longer exists for the findings that 

activities involving the substance may 

present an unreasonable risk of injury to 

human health or the environment 

required under section 5(e)(1)(A) of the 

Act. This rule also includes a chemical 

substance, P–01–781, where EPA is 

modifying the chemical identity 

information. 

III. Applicability of the Rule to Uses 

Occurring Before Effective Date of the 

Final Rule 

If uses 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 has 

designated the date of publication of the 

proposed rule as the cutoff date for 

determining whether the new use is 

ongoing. Consult the Federal Register 

Notice of April 24, 1990 (55 FR 17376) 

for a more detailed discussion of the 

cutoff date for ongoing uses. 

Any person who began commercial 

manufacture or processing activities of 

the chemical substances in this rule for 

any of the significant new uses 

designated in the proposed SNUR after 

the date of publication of the proposed 

SNUR, must stop that activity before the 

effective date of the final rule. Persons 

who ceased those activities will have to 

first comply with all applicable SNUR 

notification requirements and wait until 

the notice review period, including any 

extensions, expires, before engaging in 

any activities designated as significant 

new uses. If a person were to meet the 

conditions of advance compliance 

under § 721.45(h), the person would be 

considered to have met the 

requirements of the final SNUR for 

those activities. 

IV. Test Data and Other Information 

EPA recognizes that TSCA section 5 

does not require the development of any 

particular test data before submission of 

a SNUN. The two exceptions are: 

1. Development of test data is 

required where the chemical substance 

subject to the SNUR is also subject to a 

test rule under TSCA section 4 (see 

TSCA section 5(b)(1)). 

2. Development of test data may be 

necessary where the chemical substance 

has been listed under TSCA section 

5(b)(4) (see TSCA section 5(b)(2)). 

In the absence of a TSCA section 4 

test rule or a TSCA section 5(b)(4) 

listing covering the chemical substance, 

persons are required only to submit test 

data in their possession or control and 

to describe any other data known to or 

reasonably ascertainable by them (see 

§ 720.50). However, upon review of 

PMNs and SNUNs, the Agency has the 

authority to require appropriate testing. 

In this case, EPA recommends persons, 

before performing any testing, to consult 

with the Agency pertaining to protocol 

selection. To access the OCSPP test 

guidelines referenced in this document 

electronically, please go to http://

www.epa.gov/ocspp and select ‘‘Test 

Methods and Guidelines.’’ The 

Organisation for Economic Co-operation 

and Development (OECD) test 

guidelines are available from the OECD 

Bookshop at http://

www.oecdbookshop.org or SourceOECD 

at http://www.sourceoecd.org. ASTM 

International standards are available at 

http://www.astm.org/Standard/

index.shtml. 

The recommended testing specified in 

Unit IV. of the proposed rule may not 

be the only means of addressing the 

potential risks of the chemical 

substance. However, SNUNs submitted 

without any test data may increase the 

likelihood that EPA will take action 


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under TSCA section 5(e), particularly if 

satisfactory test results have not been 

obtained from a prior PMN or SNUN 

submitter. 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. 

• Potential benefits of the chemical 

substances. 

• Information on risks posed by the 

chemical substances compared to risks 

posed by potential substitutes. 

V. SNUN Submissions 

According to 40 CFR 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 

§ 720.50. SNUNs must be on EPA Form 

No. 7710–25, generated using e-PMN 

software, and submitted to the Agency 

in accordance with the procedures set 

forth in §§ 721.25 and 720.40. E–PMN 

software is available electronically at 

http://www.epa.gov/opptintr/newchems. 

VI. Economic Analysis 

EPA evaluated the potential costs of 

SNUN requirements for potential 

manufacturers and processors of the 

chemical substances in the rule. The 

Agency’s complete Economic Analysis 

is available in the docket under docket 

ID number EPA–HQ–OPPT–2014–0649. 

VII. Statutory and Executive Order 

Reviews 

A. Executive Order 12866 

This action will modify SNURs for 21 

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 Order 12866, 

entitled Regulatory Planning and 

Review (58 FR 51735, October 4, 1993). 

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. EPA is amending 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. This 

Information Collection Request (ICR) 

was previously subject to public notice 

and comment prior to OMB approval, 

and given the technical nature of the 

table, EPA finds that further notice and 

comment to amend it is unnecessary. As 

a result, EPA finds that there is ‘‘good 

cause’’ under section 553(b)(3)(B) of the 

Administrative Procedure Act, 5 U.S.C. 

553(b)(3)(B), to amend this table without 

further notice and comment. 

The information collection 

requirements related to this action have 

already been approved by OMB 

pursuant to PRA under OMB control 

number 2070–0012 (EPA ICR No. 574). 

This action does not impose any burden 

requiring additional OMB approval. If 

an entity were to submit a SNUN to the 

Agency, the annual burden is estimated 

to average between 30 and 170 hours 

per response. This burden estimate 

includes the time needed to review 

instructions, search existing data 

sources, gather and maintain the data 

needed, and complete, review, and 

submit the required SNUN. 

Send any comments about the 

accuracy of the burden estimate, and 

any suggested methods for minimizing 

respondent burden, including through 

the use of automated collection 

techniques, to the Director, Collection 

Strategies Division, Office of 

Environmental Information (2822T), 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001. Please remember to 

include the OMB control number in any 

correspondence, but do not submit any 

completed forms to this address. 

C. Regulatory Flexibility Act (RFA) 

On February 18, 2012, EPA certified 

pursuant to RFA section 605(b) (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 VI 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 

(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 

final rule. As such, EPA has determined 

that this rule 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 the UMRA sections 202, 203, 

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

E. Executive Order 13132 

This action would 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 rule would not have Tribal 

implications because it is not expected 

to have substantial direct effects on 

Indian Tribes. This rule would 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 rule. 

G. Executive Order 13045 

This action is not subject to Executive 

Order 13045, entitled ‘‘Protection of 


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37164 Federal Register / Vol. 80, No. 125 / Tuesday, June 30, 2015 / Rules and Regulations 

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 (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 

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). 

VIII. Congressional Review Act (CRA) 

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: June 18, 2015. 

Maria J. Doa, 

Director, Chemical Control Division, Office 

of Pollution Prevention and Toxics. 

Therefore, 40 CFR chapter I is 

amended as follows: 

PART 721—[AMENDED] 

■ 1. The authority citation for part 721 

continues to read as follows: 

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

2625(c). 

■ 2. Amend § 721.522 by revising 

paragraphs (a)(1) and (a)(2)(i) to read as 

follows: 

§ 721.522 Oxirane, methyl-, polymer with 

oxirane, mono (3,5,5,-trimethylhexyl) ether. 

(a) * * * 

(1) The chemical substance identified 

as oxirane, methyl-, polymer with 

oxirane, mono (3,5,5,-trimethylhexyl) 

ether (PMN P–99–669, SNUN S–09–1, 

and SNUN S–13–29; CAS No. 204336– 

40–3) 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. Requirements as 

specified in § 721.80. A significant new 

use is use other than as a wetting agent, 

dispersing agent and defoaming/

deaerating agent in waterborne coatings, 

inks, and paints, water based adhesives, 

and ultraviolet curable coatings; wetting 

agent in water miscible metalworking 

fluids, powdered construction additives 

for use in cementitious mortars, grouts 

and tile adhesives, and in liquid 

admixtures for concrete; and a substrate 

wetting and anticratering additive for 

ultraviolet curable inkjet ink. 

* * * * * 

■ 3. Amend § 721.532 as follows: 

■ a. Revise the section heading. 

■ b. Revise paragraph (a)(1). 

■ c. Revise paragraph (a)(2)(i). 

■ d. Add paragraph (a)(3). 

■ e. Revise paragraph (b)(1). 

The revisions and addition read as 

follows: 

§ 721.532 1-Butanol, 3-methoxy-3-methyl-, 

acetate. 

(a) * * * 

(1) The chemical substance identified 

as 1-butanol, 3-methoxy-3-methyl-, 

acetate (PMN P–00–618; SNUN S–05– 

03; and SNUN S–11–4; CAS No. 

103429–90–9) is subject to reporting 

under this section for the significant 

new uses described in paragraphs (a)(2) 

and (a)(3) of this section. 

(2) * * * 

(i) Industrial, commercial, and 

consumer activities. Requirements as 

specified in § 721.80. The significant 

new use is any use other than the use 

described in P–00–618. 

* * * * * 

(3) The significant new uses for any 

use other than the use described in P– 

00–618: 

(i) Protection in the workplace. 

Requirements as specified in 

§ 721.63(a)(1), (a)(3)(i), (b) 

(concentration set at 0.1 percent), and 

(c). When determining which persons 

are reasonably likely to be exposed as 

required for § 721.63(a)(1) 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. Butyl rubber 

gloves with a minimum thickness of 

16.6 mils or Silver shield gloves with a 

minimum thickness of 2.7 mils have 

been tested in accordance with the 

American Society for Testing Materials 

(ASTM) F739 method and found by EPA 

to satisfy the consent orders and 

§ 721.63(a)(2)(i) requirements for dermal 

protection to 100 percent chemical 

substance. Silver Shield gloves with a 

minimum thickness of 2.7 mils have 

been tested in accordance with the 

American Society for Testing Materials 

(ASTM) F739 method and found by EPA 

to satisfy the consent orders and 

§ 721.63(a)(2)(i) requirements for dermal 

protection for paint formulations where 

concentrations of the chemical 

substance is 10% or less. Gloves and 

other dermal protection may not be used 

for a time period longer than they are 

actually tested and must be replaced at 

the end of each work shift. 

(ii) Hazard communication program. 

Requirements as specified in 

§ 721.72(a), (b) (concentration set at 0.1 

percent), (c), (d), (f), (g)(1)(iv), (g)(1)(iv), 

(g)(2)(i), (g)(2)(ii), (g)(2)(iii), (g)(2)(v), 

(g)(2)(v), and (g)(5). 

(iii) Industrial, commercial, and 

consumer activities. Requirements as 

specified in § 721.80(f), (o), and any 

application method that generates a 

vapor, mist, or aerosol when the percent 

concentration of the SNUN substance in 

the final product exceeds 10%. 

(b) * * * 

(1) Recordkeeping. Recordkeeping 

requirements as specified in 

§ 721.125(a) through (i) are applicable to 

manufacturers and processors of this 

substance. 

* * * * * 

■ 4. Amend § 721.633 as follows: 

■ a. Revise paragraph (a)(1). 

■ b. Revise paragraph (a)(2)(i). 

■ c. Remove paragraph (a)(2)(iii). 

■ d. Revise paragraph (b)(1). 

The revisions read as follows: 

§ 721.633 Aluminosilicates, phospho-. 

(a) * * * 

(1) The chemical substance identified 

as aluminosilicates, phospho- (PMN P– 

98–1275 and SNUN S–11–10; CAS No. 

201167–69–3) is subject to reporting 

under this section for the significant 

new uses described in paragraph (a)(2) 

of this section. 

(2) * * * 


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(i) Protection in the workplace. 

Requirements as specified in 

§ 721.63(a)(4), (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. The following 

NIOSH-certified respirators with an APF 

of at least 50 meet the requirements of 

§ 721.63(a)(4): NIOSH-certified airpurifying, tight-fitting full-face 

respirator equipped with N100 (if oil 

aerosols absent), R100, or P100 filters; 

NIOSH-certified powered air-purifying 

respirator equipped with a tight-fitting 

full facepiece and high efficiency 

particulate air (HEPA) filters; NIOSHcertified supplied-air respirator 

operated in positive pressure demand or 

continuous flow mode and equipped 

with a hood, or helmet or tight-fitting 

facepiece. As an alternative to the 

respiratory requirements listed here, a 

manufacturer or processor may choose 

to follow the New Chemical Exposure 

Limit (NCEL) provisions listed in the 

TSCA section 5(e) consent order for 

these substances. The NCEL is 0.1 mg/ 

m3 as an 8-hour time weighted average 

verified by actual monitoring data. 

* * * * * 

(b) * * * 

(1) Recordkeeping. Recordkeeping 

requirements as specified in 

§ 721.125(a), (b), (c), (d), (f), (g), and (h) 

are applicable to manufacturers and 

processors of this substance. 

* * * * * 

■ 5. Amend § 721.2076 by revising 

paragraphs (a)(1) and (a)(2)(i) to read as 

follows: 

§ 721.2076 D-Glucuronic acid, polymer 

with 6-deoxy-L-mannose and D-glucose, 

acetate, calcium magnesium potassium 

sodium salt. 

(a) * * * 

(1) The chemical substance identified 

as D-Glucuronic acid, polymer with 6- 

deoxy-L-mannose and D-glucose, 

acetate, calcium magnesium potassium 

sodium salt (PMN P–00–7; SNUN S–05– 

1; SNUN S–06–4; SNUN S–07–03; and 

SNUN S–07–5; CAS No. 125005–87–0) 

is subject to reporting under this section 

for the significant new use described in 

paragraph (a)(2) of this section. 

(2) * * * 

(i) Industrial, commercial, and 

consumer activities. Requirements as 

specified in § 721.80. The significant 

new use is any use other than 

manufacture of the substance where 

greater than 5 percent of the chemical 

substance consists of particle sizes 

below 10 microns. 

* * * * * 

■ 6. Amend § 721.5185 as follows: 

■ a. Revise paragraph (a)(1). 

■ b. Revise paragraph (a)(2)(iii). 

■ c. Add paragraph (a)(2)(iv). 

■ d. Revise paragraph (b)(1). 

The revisions and addition read as 

follows: 

§ 721.5185 2-Propen-1-one, 1-(4- 

morpholinyl)-. 

(a) * * * 

(1) The chemical substance identified 

as 2-Propen-1-one, 1-(4-morpholinyl)- 

(PMN P–95–169; SNUN S–08–7; and 

SNUN S–14–1; CAS No. 5117–12–4) is 

subject to reporting under this section 

for the significant new uses described in 

paragraph (a)(2) of this section. The 

requirements of this rule do not apply 

to quantities of the chemical substance 

after it has been completely reacted 

(cured) because 2-Propen-1-one, 1-(4- 

morpholinyl)- will no longer exist. 

(2) * * * 

(iii) Industrial, commercial, and 

consumer activities. Requirements as 

specified in § 721.80(y)(1). It is a 

significant new use to use the chemical 

substance for any use other than as a 

monomer for use in ultraviolet ink jet 

applications unless the chemical 

substance is processed and used in an 

enclosed process. 

(iv) Release to water. Requirements as 

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

(c)(4) (N = 100). 

(b) * * * 

(1) Recordkeeping. Recordkeeping 

requirements as specified in 

§ 721.125(a) through (i) and (k) are 

applicable to manufacturers and 

processors of this chemical substance. 

* * * * * 

■ 7. Amend § 721.5645 by revising 

paragraphs (a)(1) and (a)(2)(i) to read as 

follows: 

§ 721.5645 Pentane 1,1,1,2,3,4,4,5,5,5,- 

decafluoro. 

(a) * * * 

(1) The chemical substance identified 

as pentane 1,1,1,2,3,4,4,5,5,5,- 

decafluoro (PMN P–95–638, SNUN P– 

97–79, and SNUN S–06–8; CAS No. 

138495–42–8) 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. Requirements as 

specified in § 721.80. A significant new 

use is any use of the substance other 

than the uses as described in P–95–638, 

P–97–79, or S–06–8. 

* * * * * 

■ 8. Amend § 721.5713 by revising 

paragraphs (a)(1) and (a)(2)(i) to read as 

follows: 

§ 721.5713 Phenol—biphenyl polymer 

condensate (generic). 

(a) * * * 

(1) The chemical substance identified 

generically as a phenol—biphenyl 

polymer condensate (PMN P–00–1220 

and S–07–2) is subject to reporting 

under this section for the significant 

new use described in paragraph (a)(2) of 

this section. 

(2) * * * 

(i) Release to water. Requirements as 

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

(N = 5). 

* * * * * 

■ 9. Amend § 721.8145 by revising 

paragraphs (a)(1) and (a)(2)(i) to read as 

follows: 

§ 721.8145 Propane,1,1,1,2,2,3,3- 

heptafluoro-3-methoxy-. 

(a) * * * 

(1) The chemical substance identified 

as propane,1,1,1,2,2,3,3-heptafluoro-3- 

methoxy- (PMN P–01–320; SNUN S–04– 

2; and SNUN 11–1; CAS No. 375–03–1) 

is subject to reporting under this section 

for the significant new use described in 

paragraph (a)(2) of this section. 

(2) * * * 

(i) Industrial, commercial, and 

consumer activities. Requirements as 

specified in § 721.80. A significant new 

use is any use of the chemical substance 

other than as a heating transfer fluid, 

refrigerant, flush cleaning, foam 

blowing, deposition coatings, histology 

baths, vapor degreasing, and industrial 

and commercial aerosol spray cleaning. 

* * * * * 

■ 10. Amend § 721.9501 by revising 

paragraph (a)(1) to read as follows: 

§ 721.9501 Silane, triethoxy[3- 

oxiranylmethoxy)propyl]-. 

(a) * * * 

(1) The chemical substance identified 

as silane, triethoxy[3- 

oxiranylmethoxy)propyl]- (PMN P–01– 

781; CAS No. 2602–34–8) is subject to 

reporting under this section for the 

significant new use described in 

paragraph (a)(2) of this section. 

* * * * * 

■ 11. Amend § 721.9502 by revising 

paragraphs (a)(1) and (a)(2)(i) to read as 

follows: 

§ 721.9502 Siloxanes and silicones, 

aminoalkyl, fluorooctyl, hydroxy-terminated 

salt (generic). 

(a) * * * 


asabaliauskas on DSK5VPTVN1PROD with RULES
37166 Federal Register / Vol. 80, No. 125 / Tuesday, June 30, 2015 / Rules and Regulations 

(1) The chemical substance identified 

generically as siloxanes and silicones, 

aminoalkyl, fluorooctyl, hydroxyterminated salt (PMN P–00–1132 and 

SNUN S–11–5) is subject to reporting 

under this section for the significant 

new use described in paragraph (a)(2) of 

this section. 

(2) * * * 

(i) Industrial, commercial, and 

consumer activities. Requirements as 

specified in § 721.80(y)(1). A significant 

new use is any use of the chemical 

substance other than in graffiti systems, 

as surface treatment and additive for 

coatings, adhesives, sealants, paste, 

insulation and textiles for porous, nonporous, ceramic, metal, glass, plastic, 

wood and leather surfaces or a surface 

treatment agent for inorganic filler 

particles. 

* * * * * 

■ 12. Amend § 721.9595 by revising the 

section heading and paragraphs (a)(1) 

and (a)(2)(i) to read as follows: 

§ 721.9595 Benzenesulfonic acid, mono 

C-10–16-alkyl derivs., compounds with 2- 

propen-1-amine and Alkyl benzene sulfonic 

acids and alkyl sulfates, amine salts. 

(a) * * * 

(1) The chemical substances 

identified as benzenesulfonic acid, 

mono C-10–16-alkyl derivs., compds. with 

2-propen-1-amine (PMN P–97–296 and 

SNUN S–03–10; CAS No. 195008–77–6) 

and the chemical substances identified 

generically as alkyl benzene sulfonic 

acids and alkyl sulfates, amine salts 

(PMNs P–97–297/298/299 and SNUNs 

S–03–11/12/13) are subject to reporting 

under this section for the significant 

new uses described in paragraph (a)(2) 

of this section. 

(2) * * * 

(i) Release to water. Requirements as 

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

(c)(4) N = 30. 

* * * * * 

■ 13. Amend § 721.9892 by revising the 

section heading and paragraphs (a)(1) 

and (a)(2)(i) to read as follows: 

§ 721.9892 1,3-Dimethyl-2-imidazolidinone. 

(a) * * * 

(1) The chemical substance identified 

as 1,3-Dimethyl-2-imidazolidinone 

(PMN P–93–1649, SNUN S–04–3 and S– 

11–3; CAS No. 80–73–9) is subject to 

reporting under this section for the 

significant new uses described in 

paragraph (a)(2) of this section. 

(2) * * * 

(iii) Industrial, commercial, and 

consumer activities. Requirements as 

specified in § 721.80(q). A significant 

new use is non-industrial use other than 

the commercial uses described in the S– 

04–3 and S–11–3. 

* * * * * 

■ 14. Amend § 721.10008 as follows: 

■ a. Revise paragraph (a)(2)(ii). 

■ b. Remove paragraph (a)(2)(iii). 

■ c. Revise paragraph (b)(1). 

■ b. Remove paragraph (b)(3). 

The revisions read as follows: 

§ 721.10008 Manganese strontium oxide 

(MnSrO3). 

(a) * * * 

(2) * * * 

(ii) Industrial, commercial, and 

consumer activities. Requirements as 

specified in § 721.80(k) (manufacture, 

processing, or use of the PMN substance 

if the particle size is less than 10 

microns). 

(b) * * * 

(1) Recordkeeping. Recordkeeping 

requirements as specified in 

§ 721.125(a), (b), (c), (f), (g), (h), and (i) 

are applicable to manufacturers and 

processors of this substance. 

* * * * * 

■ 15. Amend § 721.10182 by revising 

paragraphs (a)(1) and (a)(2)(i) to read as 

follows: 

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

(a) * * * 

(1) The chemical substance identified 

as 1-propene, 2,3,3,3-tetrafluoro- (PMN 

P–07–601, SNUN S–14–11, and SNUN 

S–15–5; 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: 

(A) 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)), 

in stationary and transport refrigeration, 

or in stationary air conditioning. 

(B) Section 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), in 

stationary and transport refrigeration, or 

in stationary air conditioning). 

(C) Section 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). 

* * * * * 

■ 16. Amend § 721.10283 as follows: 

■ a. Revise paragraph (a)(2)(i). 

■ b. Revise paragraph (a)(2)(ii). 

■ c. Revise paragraph (a)(2)(iii). 

■ d. Remove paragraph (a)(2)(iv). 

■ e. Revise paragraph (b)(1). 

The revisions read as follows: 

§ 721.10283 Poly[oxy(methyl-1,2- 

ethanediyl)], .alpha.-sulfo-.omega.-hydroxy-, 

C12–13-branched and linear alkyl ethers, 

sodium salts. 

(a) * * * 

(2) * * * 

(i) Industrial, commercial, and 

consumer activities. Requirements as 

specified in § 721.80(l). 

(ii) Disposal. Requirements as 

specified in § 721.85. A significant new 

of the substances is any method of 

disposal of a waste stream containing 

the PMN substances other than by 

incineration or by injection into a Class 

I or II waste disposal well. 

(iii) Release to water. Requirements as 

specified in § 721.90(a)(2)(ii), (b)(2)(ii), 

and (c)(2)(ii). 

(b) * * * 

(1) Recordkeeping. Recordkeeping 

requirements as specified in 

§ 721.125(a), (b), (c), (i), and (j) are 

applicable to manufacturers, importers, 

and processors of this substance. 

* * * * * 

■ 17. Amend § 721.10284 as follows: 

■ a. Revise paragraph (a)(2)(i). 

■ b. Revise paragraph (a)(2)(ii). 

■ c. Revise paragraph (a)(2)(iii). 

■ d. Remove paragraph (a)(2)(iv). 

■ e. Revise paragraph (b)(1). 

The revisions read as follows: 

§ 721.10284 Poly[oxy(methyl-1,2- 

ethanediyl)], .alpha.-sulfo-.omega.-hydroxy-, 

C14–15-branched and linear alkyl ethers, 

sodium salts. 

(a) * * * 

(2) * * * 

(i) Industrial, commercial, and 

consumer activities. Requirements as 

specified in § 721.80(l). 

(ii) Disposal. Requirements as 

specified in § 721.85. A significant new 

of the substances is any method of 

disposal of a waste stream containing 

the PMN substances other than by 

incineration or by injection into a Class 

I or II waste disposal well. 

(iii) Release to water. Requirements as 

specified in § 721.90(a)(2)(ii), (b)(2)(ii), 

and (c)(2)(ii). 

(b) * * * 

(1) Recordkeeping. Recordkeeping 

requirements as specified in 

§ 721.125(a), (b), (c), (i), and (j) are 

applicable to manufacturers, importers, 

and processors of this substance. 

* * * * * 

[FR Doc. 2015–15917 Filed 6–29–15; 8:45 am] 

BILLING CODE 6560–50–P 


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