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[Federal Register Volume 76, Number 93 (Friday, May 13, 2011)]
[Rules and Regulations]
[Pages 27910-27914]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-11435]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 721

[EPA-HQ-OPPT-2009-0669; FRL-8871-5]
RIN 2070-AB27

Modification of the Significant New Uses of 2-Propen-1-one, 1-(4-
morpholinyl)-

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is finalizing an amendment to the significant new use rule 
(SNUR) under the Toxic Substances Control Act (TSCA) for 2-Propen-1-
one, 1-(4-morpholinyl)- (CAS No. 5117-12-4). This action requires 
persons who intend to manufacture, import, or process the chemical 
substance for a use that is designated as a significant new use by this 
final rule to notify EPA at least 90 days before commencing that 
activity. EPA believes that this action is necessary because the 
chemical substance may be hazardous to human health. 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 June 13, 2011.

ADDRESSES: EPA has established a docket for this action under docket 
identification (ID) number EPA-HQ-OPPT-2009-0669. All documents in the 
docket are listed in the docket index available at http://www.regulations.gov. Although listed in the index, some information is 
not publicly available, e.g., Confidential Business Information (CBI) 
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 in the electronic 
docket at http://www.regulations.gov, or, if only available in hard 
copy, at the OPPT Docket. The OPPT Docket is located in the EPA Docket 
Center (EPA/DC) at Rm. 3334, EPA West Bldg., 1301 Constitution Ave., 
NW., Washington, DC. The EPA/DC Public Reading Room hours of operation 
are 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal 
holidays. The telephone number of the EPA/DC Public Reading Room is 
(202) 566-1744, and the telephone number for the OPPT Docket is (202) 
566-0280. Docket visitors are required to show photographic 
identification, pass through a metal detector, and sign the EPA visitor 
log. All visitor bags are processed through an X-ray machine and 
subject to search. Visitors will be provided an EPA/DC badge that must 
be visible at all times in the building and returned upon departure.

FOR FURTHER INFORMATION CONTACT: For technical information contact: 
Tracey Klosterman, Chemical Control Division (7405M), Office of 
Pollution Prevention and Toxics, Environmental Protection Agency, 1200 
Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number: 
(202) 564-2209; e-mail address: klosterman.tracey@epa.gov.
    For general information contact: The TSCA-Hotline, ABVI-Goodwill, 
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202) 
554-1404; e-mail 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, 
import, process, or use 2-Propen-1-one, 1-(4-morpholinyl)-(CAS No. 
5117-12-4). Potentially affected entities may include, but are not 
limited to:
     Manufacturers, importers, or processors of the subject 
chemical substance (NAICS codes 325 and 324110), e.g., chemical 
manufacturing and petroleum refineries.
    This listing is not intended to be exhaustive, but rather provides 
a guide for readers regarding entities likely to be affected by this 
action. Other types of entities not listed in this unit could also be 
affected. The North American Industrial Classification System (NAICS) 
codes have been provided to assist you and others in determining 
whether this action might apply to certain entities. To determine 
whether you or your business may be affected by this action, you should 
carefully examine the applicability provisions in 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; 
see also 19 CFR 127.28. Chemical importers must certify that the 
shipment of the chemical substance complies with all applicable rules 
and orders under TSCA. Importers of chemicals subject to a modified

[[Page 27911]]

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 Sec.  721.20), and must comply with the export 
notification requirements in 40 CFR part 707, subpart D.

II. Background

A. What action is the Agency taking?

    EPA is finalizing an amendment to the SNUR for the chemical 
substance identified as 2-Propen-1-one, 1-(4-morpholinyl)- (PMN P-95-
169; CAS No. 5117-12-4) codified at Sec.  721.5185. This final action 
requires persons who intend to manufacture, import, or process the 
subject chemical substance for an activity that is designated as a 
significant new use by this final rule to notify EPA at least 90 days 
before commencing that activity.
    In addition, EPA is revising the name of the chemical substance as 
it appears at Sec.  721.5185 to reflect the correct Chemical Abstracts 
(CA) Index name. 2-Propen-1-one, 1-(4-morpholinyl)- is the correct CA 
Index name for the chemical substance represented by CAS No. 5117-12-4 
as it appears on the TSCA Inventory. The chemical name Morpholine, 4-
(1-oxo-2-propenyl)-, which currently appears at Sec.  721.5185, is a 
synonym for CAS No. 5117-12-4.
    This rule was proposed in the Federal Register of November 5, 2010 
(75 FR 68306) (FRL-8849-7). EPA received no public comments in response 
to the proposal. Therefore, the Agency is issuing a final SNUR as 
proposed that:
    1. Revises the CA Index name for the chemical substance represented 
by CAS No. 5117-12-4 from Morpholine, 4-(1-oxo-2-propenyl)- to 2-
Propen-1-one, 1-(4-morpholinyl)-.
    2. Identifies those forms of the PMN substance that are exempt from 
the provisions of the SNUR. These exemptions apply to quantities of the 
PMN substance after it has been completely reacted (cured).
    3. Revises the protection in the workplace requirements under Sec.  
721.63 to remove all requirements for respiratory protection.
    4. Revises the hazard communication requirements under Sec.  721.72 
to remove all requirements pertaining to respiratory protection.
    5. Revises the industrial, commercial, and consumer requirements 
under Sec.  721.80 to remove all requirements pertaining to domestic 
manufacture, and aggregate manufacture and import volumes.
    6. Removes all disposal requirements under Sec.  721.85.
    7. Removes all release to water requirements under Sec.  721.90.
    8. Revises the recordkeeping requirements under Sec.  721.125 to 
reflect the aforementioned modified SNUR requirements.

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, import, or 
process the chemical substance for that use. Persons who must report 
are described in Sec.  721.5.

C. Applicability of General Provisions

    General provisions for SNURs appear in 40 CFR part 721, subpart A. 
These provisions describe persons subject to the rule, recordkeeping 
requirements, exemptions to reporting requirements, and applicability 
of the rule to uses occurring before the effective date of the final 
rule. Provisions relating to user fees appear at 40 CFR part 700. 
According to Sec.  721.1(c), persons subject to these SNURs must comply 
with the same notice requirements and EPA regulatory procedures as 
submitters of PMNs under TSCA section 5(a)(1)(A). In particular, these 
requirements include the information submission requirements of TSCA 
section 5(b) and 5(d)(1), the exemptions authorized by TSCA section 
5(h)(1), (h)(2), (h)(3), and (h)(5), and the regulations at 40 CFR part 
720. Once EPA receives a SNUN, EPA may take regulatory action under 
TSCA section 5(e), 5(f), 6, or 7 to control the activities for which it 
has received the SNUN. If EPA does not take action, EPA is required 
under TSCA section 5(g) to explain in the Federal Register its reasons 
for not taking action.
    Chemical importers are subject to the TSCA section 13 (15 U.S.C. 
2612) import certification requirements codified at 19 CFR 12.118 
through 12.127; see also 19 CFR 127.28 (the corresponding EPA policy 
appears at 40 CFR part 707, subpart B). Chemical importers must certify 
that the shipment of the chemical substance complies with all 
applicable rules and orders under TSCA. Importers of chemical 
substances subject to a modified SNUR must certify their compliance 
with the SNUR requirements. In addition, any persons who export or 
intend to export a chemical substance identified in a modified 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.

III. Rationale and Objectives of the Rule

A. Rationale

    Under the terms of the TSCA section 5(e) consent order for P-95-
0169, the PMN submitter completed and submitted required testing for 
EPA review. Based on these new data, concerns remain for possible 
effects to the liver, testes, kidney, and blood from dermal exposure. 
However, EPA no longer has substantial human health concerns for 
mutagenicity and neurotoxicity. In addition, based on these data, 
Agency concerns for carcinogenicity by inhalation were reduced, and 
further mitigated by retaining the original consent order prohibition 
of industrial processing and use in a non-enclosed process and any use 
application methods that generate a vapor, mist, or aerosol form of the 
PMN substance. Finally, the Agency re-reviewed the environmental 
toxicity profile for the PMN substance and as a result of this 
evaluation could no longer make a ``may present unreasonable risk'' 
finding for releases of the PMN substance to surface waters. As a 
result of the aforementioned review, EPA issued a modified TSCA section 
5(e) consent order, which became effective on May 9, 2006. These 
modifications to the consent order are the same being made to this SNUR 
and are described in Unit II.A.
    In addition, the Agency received a SNUN (S-08-07) for the subject 
chemical substance. The significant new use identified in the notice 
was release to water for the generic (non-confidential) use of 
``contained use in energy production.'' The 90-day review period for 
the SNUN expired with the Agency not taking action on the ``significant 
new use'' of release of the substance to water. This decision by the 
Agency is consistent with the modifications made to the consent order 
for P-95-169 and today's SNUR.
    Pursuant to Sec.  721.185(a)(5) and as described in Unit II. of the 
proposed rule (see the Federal Register of

[[Page 27912]]

November 5, 2010 (75 FR 68306)), the Agency has examined new 
information and reexamined the test data and other information 
supporting its finding under section 5(e)(1)(A)(ii)(I) of TSCA for the 
chemical substance 2-Propen-1-one, 1-(4-morpholinyl)-. EPA determined 
that existing data no longer supports a finding that certain activities 
involving the substance ``may present an unreasonable risk'' of injury 
to human health and the environment required under section 5(e)(1)(A) 
of TSCA.

B. Objectives

    EPA is issuing this modified SNUR for 2-Propen-1-one, 1-(4-
morpholinyl)- (PMN P-95-169; CAS No. 5117-12-4) because the Agency 
wants to achieve the following objectives with regard to the 
significant new uses designated in this final rule:
     EPA will receive notice of any person's intent to 
manufacture, import, or process a listed chemical substance for the 
described significant new use before that activity begins.
     EPA will have an opportunity to review and evaluate data 
submitted in a SNUN before the notice submitter begins manufacturing, 
importing, or processing a listed chemical substance for the described 
significant new use.
     EPA will be able to regulate prospective manufacturers, 
importers, or processors of a listed chemical substance before the 
described significant new use of that chemical substance occurs, 
provided that regulation is warranted pursuant to TSCA sections 5(e), 
5(f), 6, or 7.
     EPA will ensure that all manufacturers, importers, and 
processors of the same chemical substance that is subject to a TSCA 
section 5(e) consent order are subject to similar requirements.

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 what would constitute a significant new use for 2-
Propen-1-one, 1-(4-morpholinyl)- subject to this modified SNUR, 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. Applicability of Rule to Uses Occurring Before Effective Date of the 
Final Rule

    As discussed in the Federal Register of April 24, 1990 (55 FR 
17376), EPA has decided that the intent of TSCA section 5(a)(1)(B) is 
best served by designating a use as a significant new use as of the 
date of publication of the proposed SNUR rather than as of the 
effective date of the final rule. If uses begun after publication were 
considered ongoing rather than new, it would be difficult for EPA to 
establish SNUR notice requirements because a person could defeat the 
SNUR by initiating the proposed significant new use before the rule 
became effective, and then argue that the use was ongoing before the 
effective date of the final rule.
    Any person who began commercial manufacture, import, or processing 
of the chemical substance 2-Propen-1-one, 1-(4-morpholinyl)- (CAS No. 
5117-12-4) for any of the significant new uses designated in the 
proposed SNUR modification after the date of publication of the 
proposed SNUR must stop that activity before the effective date of this 
final rule. Persons who ceased those activities will have to meet all 
SNUR notice requirements and wait until the end of the notification 
review period, including all extensions, before engaging in any 
activities designated as significant new uses. If, however, persons who 
began manufacture, import, or processing of the chemical substance 
between the date of publication of the proposed SNUR modification and 
the effective date of this modified SNUR meet the conditions of advance 
compliance as codified at Sec.  721.45(h), those persons would be 
considered to have met the modified SNUR requirements for those 
activities.

VI. Test Data and Other Information

    EPA recognizes that TSCA section 5 does not require developing any 
particular test data before submission of a SNUN. There are two 
exceptions:
    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 Sec.  
[emsp14]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.
    The recommended testing specified in Unit II.A. 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 respond by taking action 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 substance.
     Potential benefits of the chemical substance.
     Information on risks posed by the chemical substance 
compared to risks posed by potential substitutes.

VII. 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 Sec.  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 Sec. Sec.  
721.25 and 720.40. E-PMN software is available electronically at http://www.epa.gov/opptintr/newchems.

[[Page 27913]]

VIII. Economic Analysis

    EPA evaluated the potential costs of establishing SNUN requirements 
for potential manufacturers, importers, 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-2009-0669.

IX. 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 and TSCA section 5(e) consent order. The Office of 
Management and Budget (OMB) has exempted these types of actions from 
review under Executive Order 12866, entitled Regulatory Planning and 
Review (58 FR 51735, October 4, 1993).

B. Paperwork Reduction Act

    According to the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et 
seq., an Agency may not conduct or sponsor, and a person is not 
required to respond to a collection of information that requires OMB 
approval under PRA, unless it has been approved by OMB and displays a 
currently valid OMB control number. The OMB control numbers for EPA's 
regulations in title 40 of the CFR, after appearing in the Federal 
Register, are listed in 40 CFR part 9, and included on the related 
collection instrument or form, if applicable.
    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

    Pursuant to section 605(b) of the Regulatory Flexibility Act (RFA) 
(5 U.S.C. 601 et seq.), the Agency hereby certifies that promulgation 
of this SNUR will not have a significant adverse economic impact on a 
substantial number of small entities. The rationale supporting this 
conclusion is discussed in this unit. 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 
over 1,400 SNURs, the Agency receives on average only 5 notices per 
year. Of those SNUNs submitted from 2006-2008, only one appears to be 
from a small entity. In addition, the estimated reporting cost for 
submission of a SNUN (see Unit VIII.) is minimal regardless of the size 
of the firm. Therefore, EPA believes that 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 
modified 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

    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) (Public Law 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

[[Page 27914]]

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).

X. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report to each House of the Congress and 
the Comptroller General of the United States. EPA will submit a report 
containing this rule and other required information to the U.S. Senate, 
the U.S. House of Representatives, and the Comptroller General of the 
United States prior to publication of the rule in the Federal Register. 
This rule 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: April 29, 2011.
Wendy C. Hamnett,
Director, 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. Amend Sec.  721.5185 as follows:
0
a. Revise the section heading.
0
b. Revise paragraphs (a)(1) and (a)(2)(i).
0
c. Add paragraph (a)(2)(ii).
0
d. Revise paragraph (a)(2)(iii).
0
e. Remove paragraphs (a)(2)(iv), (a)(2)(v), and (a)(2)(vi).
0
f. Revise paragraph (b)(1).
    The revisions and addition read as follows:

Sec.  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; 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 PMN substance after it has been completely reacted 
(cured).
    (2) * * *
    (i) Protection in the workplace. Requirements as specified in Sec.  
721.63 (a)(1), (a)(2)(i), (a)(2)(iv), (a)(3)(i), (a)(3)(ii), (a)(4), 
(a)(6)(v), (b) (concentration set at 1.0 percent), and (c). Safety 4/4H 
EVOH/PE laminate, Ansell Edmont Neoprene number 865, and Solvex Nitrile 
Rubber number 275 gloves 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 Sec.  721.63(a)(2)(i) 
requirements for dermal protection to 100 percent PMN substance. 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. For additional dermal protection materials, a company must 
submit all test data to the Agency and must receive written Agency 
approval for each type of material tested prior to use of that material 
as worker dermal protection. However, for the purposes of determining 
the imperviousness of gloves, up to 1 year after the commencement of 
commercial manufacture or import, the employer may use the method 
described in Sec.  721.63(a)(3)(ii), thereafter, they must use the 
method described in Sec.  721.63(a)(3)(i).
    (ii) Hazard communication program. Requirements as specified in 
Sec.  721.72 (a), (b), (c), (d), (e) (concentration set at 1.0 
percent), (f), (g)(1)(iv), (g)(1)(vi), (g)(2)(v), and (g)(5).
    (iii) Industrial, commercial, and consumer activities. Requirements 
as specified in Sec.  721.80 (a), (c), and (y)(1).
    (b) * * *
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.  
721.125 (a) through (i) are applicable to manufacturers, importers, and 
processors of this chemical substance.
* * * * *
[FR Doc. 2011-11435 Filed 5-12-11; 8:45 am]
BILLING CODE 6560-50-P
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