Federal Register / Vol. 79, No. 241 / Tuesday, December 16, 2014 / Rules and Regulations 74639 

(b) In addition to the filing 

requirements under paragraph (a) of this 

section, the applicant must: 

(1) File the following communications 

through TEAS: 

(i) Responses to Office actions (except 

notices of appeal under section 20 of the 

Trademark Act); 

(ii) Requests to change the 

correspondence address and owner’s 

address; 

(iii) Appointments and/or revocations 

of power of attorney; 

(iv) Appointments and/or revocations 

of domestic representative; 

(v) Voluntary amendments; 

(vi) Amendments to allege use under 

section 1(c) of the Act or statements of 

use under section 1(d) of the Act; 

(vii) Requests for extensions of time to 

file a statement of use under section 1(d) 

of the Act; and 

(viii) Requests to delete a section 1(b) 

basis. 

(2) Maintain a valid email 

correspondence address and continue to 

receive communications from the Office 

by email. 

(c) If an application does not fulfill 

the requirements of paragraphs (a) and 

(b) of this section, the applicant must 

pay the processing fee required by 

§ 2.6(a)(1)(v). The application will retain 

its original filing date, provided that 

when filed, the application met the 

filing date requirements of § 2.21. 

(d) The following types of 

applications cannot be filed as TEAS 

Plus applications: 

(1) Applications for certification 

marks (see § 2.45); 

(2) Applications for collective 

trademarks and service marks (see 

§ 2.44); 

(3) Applications for collective 

membership marks (see § 2.44); and 

(4) Applications for registration on the 

Supplemental Register (see § 2.47). 

■ 4. Revise § 2.23 to read as follows: 

§ 2.23 Requirements for a TEAS RF 

application. 

(a) A trademark, service mark, 

certification mark, collective 

membership mark, or collective 

trademark application for registration on 

the Principal or Supplemental Register 

under section 1 and/or section 44 of the 

Act will be entitled to a reduced filing 

fee under § 2.6(a)(1)(iii) if it is filed 

through TEAS and includes: 

(1) An email address for 

correspondence; and 

(2) An authorization for the Office to 

send correspondence concerning the 

application to the applicant or 

applicant’s attorney by email. 

(b) In addition to the filing 

requirements under paragraph (a) of this 

section, the applicant must: 

(1) File the following communications 

through TEAS: 

(i) Responses to Office actions (except 

notices of appeal under section 20 of the 

Trademark Act); 

(ii) Requests to change the 

correspondence address and owner’s 

address; 

(iii) Appointments and/or revocations 

of power of attorney; 

(iv) Appointments and/or revocations 

of domestic representative; 

(v) Voluntary amendments; 

(vi) Amendments to allege use under 

section 1(c) of the Act or statements of 

use under section 1(d) of the Act; 

(vii) Requests for extensions of time to 

file a statement of use under section 1(d) 

of the Act; and 

(viii) Requests to delete a section 1(b) 

basis. 

(2) Maintain a valid email 

correspondence address, and continue 

to receive communications from the 

Office by email. 

(c) If an application does not meet the 

requirements of paragraphs (a) and (b) of 

this section, the applicant must pay the 

processing fee required by § 2.6(a)(1)(v). 

The application will retain its original 

filing date, provided that when filed, the 

application met the filing date 

requirements of § 2.21. 

Dated: December 10, 2014. 

Michelle K. Lee, 

Deputy Under Secretary of Commerce for 

Intellectual Property and Deputy Director, 

United States Patent and Trademark Office. 

[FR Doc. 2014–29413 Filed 12–15–14; 8:45 am] 

BILLING CODE 3510–16–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 9 and 721 

[EPA–HQ–OPPT–2009–0767; FRL–9915–61] 

RIN 2070–AJ52 

Ethylene Glycol Ethers; Significant 

New Use Rule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: Under the Toxic Substances 

Control Act (TSCA), EPA is 

promulgating a significant new use rule 

(SNUR) for seven ethylene glycol ethers 

(also known as glymes). This rule will 

require persons who intend to 

manufacture (including import) or 

process any of the seven ethylene glycol 

ethers for an activity that is designated 

as a significant new use by this rule to 

notify EPA at least 90 days before 

commencing such manufacture or 

processing. The required notifications 

would provide EPA with the 

opportunity to evaluate the intended 

use and, if necessary based on the 

information available at that time, an 

opportunity to protect against potential 

unreasonable risks, if any, from that 

activity before it occurs. EPA is also 

making a technical amendment to the 

codified list of control numbers for 

approved information collection 

activities so that it includes the control 

number assigned by the Office of 

Management and Budget (OMB) to the 

information collection activities 

contained in this rule. 

DATES: This final rule is effective 

February 17, 2015. 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPPT–2009–0767, is 

available at http://www.regulations.gov 

or at the Office of Pollution Prevention 

and Toxics Docket (OPPT Docket), EPA 

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: Kirsten 

Hesla, Chemical Control Division 

(7405M), Office of Pollution Prevention 

and Toxics, Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW., 

Washington, DC 20460–0001; telephone 

number: 202–564–2984; email address: 

hesla.kirsten@epa.gov. 

For general information contact: The 

TSCA-Hotline, ABVI-Goodwill, 422 

South Clinton Ave., Rochester, NY 

14620; telephone number: (202) 554– 

1404; email address: TSCA-Hotline@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Executive Summary 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you manufacture 

(including import) or process any of the 

chemical substances covered by this 

final rule. The North American 

Industrial Classification System 

(NAICS) codes identified are not 

intended to be exhaustive, but rather 

provides a guide to help readers 

determine whether this document 


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applies to them. Potentially affected 

entities may include: 

• Manufacturers of one or more of 

subject chemical substances (NAICS 

codes 325 and 324110); e.g., chemical 

manufacturing and petroleum refineries; 

• All other basic organic chemical 

manufacturing (NAICS code 325199) 

• Paint and coating manufacturing 

(NAICS code 325510); 

• Adhesive manufacturing (NAICS 

code 325520); 

• Printing ink manufacturing (NAICS 

code 325910); and 

• Motor vehicle brake system 

manufacturing (NAICS code 336340). 

This action may also affect certain 

entities through pre-existing import 

certification and export notification 

rules under TSCA. Persons who import 

any chemical substance are subject to 

the TSCA section 13 (15 U.S.C. 2612) 

import certification requirements and 

the corresponding regulations at 19 CFR 

12.118 through 12.127; see also 19 CFR 

127.28. Those persons must certify that 

the shipment of the chemical substance 

complies with all applicable rules and 

orders under TSCA, including any 

SNUR requirements. The EPA policy in 

support of import certification appears 

at 40 CFR part 707, subpart B. In 

addition, any persons who export or 

intend to export a chemical substance 

that is the subject of this rule are subject 

to the export notification provisions of 

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

(see 40 CFR 721.20), and must comply 

with the export notification 

requirements in 40 CFR part 707, 

subpart D. 

To determine whether you or your 

business may be affected by this action, 

you should carefully examine the 

applicability provisions in 40 CFR 721.5 

and 40 CFR 721.10299. If you have any 

questions regarding the applicability of 

this action to a particular entity, consult 

the technical person listed under FOR

FURTHER INFORMATION CONTACT. 

B. What is the Agency’s authority for 

taking this action? 

Section 5(a)(2) of TSCA (15 U.S.C. 

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

that a use of a chemical substance is a 

‘‘significant new use.’’ EPA must make 

this determination by rule after 

considering all relevant factors, 

including those listed in TSCA section 

5(a)(2). Once EPA determines that a use 

of a chemical substance is a significant 

new use, TSCA section 5(a)(1)(B) 

requires persons to submit a significant 

new use notice (SNUN) to EPA at least 

90 days before they manufacture or 

process the chemical substance for that 

use (15 U.S.C. 2604(a)(1)(B)). As 

described in Unit V., the general SNUR 

provisions are found at 40 CFR part 721, 

subpart A. 

C. What action is the Agency taking? 

In the Federal Register of July 12, 

2011 (76 FR 40850) (FRL–8877–8), EPA 

proposed a SNUR for 14 ethylene glycol 

ethers (Ref. 1). EPA’s response to public 

comments received on the proposed 

rule appears in Unit X. Please consult 

the July 12, 2011 Federal Register 

document for further background 

information for this final rule. 

This final SNUR applies to seven of 

the 14 ethylene glycol ethers identified 

in the proposed rule. EPA is not 

finalizing the SNUR for the other seven 

ethylene glycol ethers proposed because 

the Agency believes that these 

chemicals are not sufficiently similar to 

the seven chemicals subject to this 

SNUR and therefore do not raise the 

same concern for potential exposure to 

these chemicals. (See Unit X.A. for more 

information.) This final SNUR will 

require persons to notify EPA at least 90 

days before commencing the 

manufacture (including import) or 

processing of: 

• Monoethylene glycol dimethyl 

ether (monoglyme, CASRN 110–71–4) 

for any use in a consumer product; 

• Diethylene glycol dimethyl ether 

(diglyme, CASRN 111–96–6) for any use 

in a consumer product; 

• Ethylene glycol diethyl ether 

(ethylglyme, CASRN 629–14–1) for any 

use in a consumer product; 

• Diethylene glycol diethyl ether 

(ethyldiglyme, CASRN 112–36–7) for 

any use in a consumer product, except 

as a component of inks, coatings and 

adhesives, and as a component of paint/ 

graffiti removers; 

• Triethylene glycol dimethyl ether 

(triglyme, CASRN 112–49–2) for any use 

in a consumer product, except as a 

solvent in consumer adhesives, in brake 

fluid, as a component of consumer 

paint/graffiti removers, and in consumer 

paints; 

• Diethylene glycol dibutyl ether 

(butyldiglyme, CASRN 112–73–2) for 

any use in a consumer product, except 

as a component of inks, coatings and 

adhesives, and as a component in 

soldering compounds; or 

• Triethylene glycol dibutyl ether 

(butyltriglyme, CASRN 63512–36–7) for 

any use. 

D. Why is the Agency taking this action? 

This SNUR is necessary to ensure that 

EPA receives timely advance notice of 

any future manufacturing and 

processing of these ethylene glycol 

ethers for new uses that may produce 

changes in human and environmental 

exposures. The rationale and objectives 

for this SNUR are explained in Unit III. 

E. What are the estimated incremental 

impacts of this action? 

EPA has evaluated the potential costs 

of establishing SNUR reporting 

requirements for potential 

manufacturers and processors of the 

chemical substances included in this 

final rule. This analysis, which is 

available in the docket, is discussed in 

Unit IX., and is briefly summarized 

here. 

In the event that a SNUN is 

submitted, costs are estimated to be less 

than $8,700 per SNUN submission for 

large business submitters and $6,300 for 

small business submitters. These 

estimates include the cost to prepare 

and submit the SNUN and the payment 

of a user fee. In addition, for persons 

exporting a substance that is the subject 

of a SNUR, a one-time notice must be 

provided for the first export or intended 

export to a particular country, which is 

estimated to cost less than $100 on 

average per notification. Since EPA is 

unable to predict whether anyone might 

engage in future activities that would 

require reporting, potential total costs 

were not estimated. 

II. Overview of the Chemical 

Substances Subject to This Rule 

The ethylene glycol ethers and the 

significant new use for each chemical 

substance subject to this SNUR are 

identified in Table 1 of this unit. 

TABLE 1—CHEMICALS WITH SIGNIFICANT NEW USE(S) 

Chemical name Chemical Abstracts (CA) index 

name 

Chemical 

Abstracts 

Service 

Registry No. 

(CASRN) 

Significant new use(s) 1

Monoethylene glycol dimethyl 

ether or monoglyme.

Ethane, 1,2,-dimethoxy- .......... 110–71–4 Any use in a consumer product. 


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TABLE 1—CHEMICALS WITH SIGNIFICANT NEW USE(S)—Continued 

Chemical name Chemical Abstracts (CA) index 

name 

Chemical 

Abstracts 

Service 

Registry No. 

(CASRN) 

Significant new use(s) 1

Diethylene glycol dimethyl ether 

or diglyme.

Ethane, 1,1′-oxybis[2-methoxy- 111–96–6 Any use in a consumer product. 

Diethylene glycol diethyl ether 

or ethyldiglyme.

Ethane, 1,1′-oxybis[2-ethoxy- .. 112–36–7 Any use in a consumer product except as a component of 

inks, coatings and adhesives, and as a component of paint/

graffiti removers. 

Triethylene glycol dimethyl 

ether or triglyme.

2,5,8,11-Tetraoxadodecane ..... 112–49–2 Any use in a consumer product, except as a solvent in consumer adhesives, in brake fluid, as a component of consumer paint/graffiti removers, and in consumer paints. 

Diethylene glycol dibutyl ether 

or butyldiglyme.

Butane, 1,1′-[oxybis(2,1-ethane 

diyloxy)]bis-.

112–73–2 Any use in a consumer product except as a solvent in consumer inks, coatings and adhesives, and as a component in 

soldering compounds. 

Ethylene glycol diethyl ether or 

ethylglyme.

Ethane, 1,2-diethoxy ................ 629–14–1 Any use in a consumer product. 

Triethylene glycol dibutyl ether 

or butyltriglyme.

5,8,11,14-Tetraoxaoctadecane 63512–36–7 Any use. 

1 In defining the significant new use for each chemical, the exceptions listed in this table reflect the identified ongoing uses, where they exist, 

that are excluded from the definition of significant new use. 

EPA notes that the seven chemical 

substances that are the subjects of this 

SNUR are not the only ethylene glycol 

ethers that are of concern based on 

toxicity. EPA has described the ethylene 

glycol ethers category more broadly 

under the TSCA New Chemicals 

Program and under Emergency Planning 

and Community Right-To-Know Act 

(EPCRA) section 313. (See the TSCA 

New Chemicals Program Chemical 

Categories document (Ref. 2) and the 

EPCRA section 313 List of Toxic 

Chemicals ‘‘Certain Glycol Ethers’’ 

category at 40 CFR 372.65(c) (Ref. 3). 

Both categories are based on a 

consideration of structural similarity 

and hazard.) These categories are 

broader than the category that is subject 

to this SNUR. For this rulemaking, EPA 

considered past and current patterns of 

use as one factor in determining which 

ethylene glycol ethers would be 

included within the scope of this SNUR. 

EPA believes that the seven ethylene 

glycol ethers that are the subjects of this 

SNUR have and/or had similar use 

patterns and can be anticipated to have 

at least some similar new uses. Thus, 

given the potential for similar uses and 

the potential impact that these will have 

on type, duration, and magnitude of 

exposure, EPA believes it is appropriate 

to focus on these seven ethylene glycol 

ethers. 

III. Rationale and Objectives for This 

Final Rule 

A. Rationale 

EPA is concerned about the potential 

of the seven ethylene glycol ethers that 

are the subjects of this SNUR to cause 

reproductive and/or developmental 

toxicity, genotoxicity and toxicity to 

blood and blood forming organs and 

believes that individuals could suffer 

adverse effects from their use (Refs. 1– 

4). This concern is based on a 

combination of data and structureactivity relationships. While a specific 

hazard evaluation is not required by 

TSCA section 5(a)(2), EPA considered 

hazard in designating this category of 

ethylene glycol ethers. In deciding to 

focus on these chemical substances, 

EPA considered use patterns as well as 

toxicity data and structure-activity 

relationships. EPA considered these 

factors in conjunction with the statutory 

factors provided in section 5(a)(2). In 

designating the significant new uses for 

these chemical substances, EPA will 

have the opportunity to evaluate and 

control, where appropriate, activities 

associated with those uses, if such 

manufacturing or processing for the 

significant new uses were to start or 

resume. The required notification 

provided by a SNUN will provide EPA 

with the opportunity to evaluate 

activities associated with a significant 

new use and an opportunity to protect 

against unreasonable risks, if any, which 

may occur from exposure to these 

chemical substances. 

Consistent with EPA’s past practice 

for issuing SNURs under TSCA section 

5(a)(2), EPA’s decision to issue a SNUR 

for a particular chemical use need not 

be based on an extensive evaluation of 

the hazard, exposure, or potential risk 

associated with that use. Rather, the 

Agency’s action is based on EPA’s 

determination that if the use begins or 

resumes, it may present a risk that EPA 

should evaluate under TSCA before the 

manufacturing or processing for that use 

begins. Since the new use does not 

currently exist, deferring a detailed 

consideration of potential risks or 

hazards related to that use is an effective 

use of resources. If a person decides to 

begin manufacturing or processing the 

chemical for the use, the notice allows 

EPA to evaluate the use according to the 

specific parameters and circumstances 

surrounding that intended use. 

B. Objectives 

Based on the considerations in Unit 

III.A., EPA will achieve the following 

objectives with regard to the significant 

new uses that are designated in this 

rule: 

1. EPA will receive notice of any 

person’s intent to manufacture or 

process any of the chemical substances 

listed in Table 1 of Unit II. for the 

described significant new use before 

that activity begins. 

2. EPA will have an opportunity to 

review and evaluate data submitted in a 

SNUN before the notice submitter 

begins manufacturing or processing the 

chemical substances listed in Table 1 of 

Unit II. for the described significant new 

use. 

3. EPA will be able to regulate the 

prospective manufacture or processing 

of the chemical substances before the 

described significant new use of the 

chemical substance listed in Table 1 of 

Unit II. occurs, provided that regulation 

is warranted pursuant to TSCA sections 

5(e), 5(f), 6 or 7. 

IV. Significant New Use Determination 

Section 5(a)(2) of TSCA states that 

EPA’s determination that a use of a 

chemical substance is a significant new 


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74642 Federal Register / Vol. 79, No. 241 / Tuesday, December 16, 2014 / Rules and Regulations 

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 of the chemical 

substances subject to this rule, as 

discussed herein, EPA considered 

relevant information about the potential 

toxicity of these substances, the range of 

uses for these chemicals and the four 

factors listed in section 5(a)(2) of TSCA. 

EPA believes that potential new 

consumer uses could change the type 

and form of exposure and/or the 

magnitude and duration of exposure to 

humans and the environment relative to 

what currently exists. Use in consumer 

products could result in different types 

of exposure, e.g., inhalation exposure 

through spray applications, dermal 

exposure if the consumer product is 

meant to be hand-applied to an object, 

than currently exist. Use in different 

consumer products can also change the 

duration of exposure, which will 

depend upon the type of consumer 

product in which the chemical 

substance is used. Also, new uses of any 

of these chemical substances would 

likely result in an increase of the 

magnitude of exposure relative to 

current exposures given that these uses 

would be in addition to ongoing uses. 

Consumers use a variety of products; 

thus, their potential exposures to a 

chemical substance in multiple 

consumer products would likely be 

additive. 

New uses in consumer products 

would also result in differences in the 

processing of the chemical substances 

that are the subject of this SNUR 

because these chemical substances may 

be mixed with other chemicals and may 

be made part of consumer products with 

different properties, e.g., different 

viscosities from existing consumer 

products. Based on these considerations 

of the statutory factors, EPA has 

determined that the uses identified in 

Table 1 of Unit II. are significant new 

uses. In addition, because there are no 

ongoing uses of triethylene glycol 

dibutyl ether, any new use would result 

in a change in the volume of 

manufacturing and processing of this 

chemical substance, as well as the type, 

form, magnitude and duration of 

exposure, and the manner and methods 

of manufacturing, processing, 

distribution in commerce, and disposal 

of this chemical substance. 

V. Applicability of General Provisions 

General provisions for SNURs appear 

under 40 CFR part 721, subpart A. 

These provisions describe persons 

subject to the rule, recordkeeping 

requirements, exemptions to reporting 

requirements, and applicability of the 

rule to uses occurring before the 

effective date of the final rule. 

Provisions relating to user fees appear 

at 40 CFR part 700. According to 40 CFR 

721.1(c), persons subject to SNURs must 

comply with the same notice 

requirements and EPA regulatory 

procedures as submitters of 

Premanufacture Notices (PMNs) under 

TSCA section 5(a)(1)(A). In particular, 

these requirements include the 

information submissions 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 

on which it has received the SNUN. If 

EPA does not take action, EPA is 

required under TSCA section 5(g) to 

explain in the Federal Register its 

reasons for not taking action. 

Persons who export or intend to 

export a chemical substance(s) 

identified in a proposed or final SNUR 

are subject to the export notification 

provisions of TSCA section 12(b). The 

regulations that interpret TSCA section 

12(b) appear at 40 CFR part 707, subpart 

D. Persons who import a chemical 

substance are subject to the TSCA 

section 13 import certification 

requirements, codified at 19 CFR 12.118 

through 12.127; see also 19 CFR 127.28. 

Such persons must certify that the 

shipment of the chemical substance 

complies with all applicable rules and 

orders under TSCA, including any 

SNUR requirements. The EPA policy in 

support of import certification appears 

at 40 CFR part 707, subpart B. 

VI. Applicability of the Rule to Uses 

Occurring Before Effective Date of the 

Final Rule 

As discussed in the Federal Register 

of April 24, 1990 (55 FR 17376), EPA 

has decided that the intent of section 

5(a)(1)(B) of TSCA is best served by 

designating a use as a significant new 

use as of the date of publication of the 

proposed rule rather than as of the 

effective date of the final rule. If uses 

begun after publication of the proposed 

rule 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 final, 

and then argue that the use was ongoing 

as of the effective date of the final rule. 

Thus, persons who may have begun 

commercial manufacture or processing 

of the chemical substance(s) subject to 

this rule after the proposal was 

published on July 12, 2011, must cease 

such activity before the effective date of 

this final rule. To resume their 

activities, these persons will have to 

comply with all applicable SNUR notice 

requirements and wait until the notice 

review period, including all extensions, 

expires. Uses arising after the 

publication of the proposed rule are 

distinguished from uses that exist at 

publication of the proposed rule. The 

former would be new uses, the latter 

ongoing uses. To the extent that 

additional ongoing uses were found in 

the course of rulemaking, EPA has 

excluded these uses from the final 

SNUR. EPA promulgated provisions to 

allow persons to comply with this 

SNUR before the effective date. If a 

person were to meet the conditions of 

advance compliance under 40 CFR 

721.45(h), that person would be 

considered to have met the 

requirements of the final SNUR for 

those activities. 

VII. Test Data and Other Information 

EPA recognizes that TSCA section 5 

does not usually require developing any 

particular test data before submission of 

a SNUN. There are two exceptions: 

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)); and 

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 section 4 test rule or 

a 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 (15 U.S.C. 

2604(d); 40 CFR 721.25, and 40 CFR 

720.50). However, as a general matter, 

EPA recommends that SNUN submitters 


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Federal Register / Vol. 79, No. 241 / Tuesday, December 16, 2014 / Rules and Regulations 74643 

include data that would permit a 

reasoned evaluation of risks posed by 

the chemical substance during its 

manufacture (including import), 

processing, use, distribution in 

commerce, or disposal. EPA encourages 

persons to consult with the Agency 

before submitting a SNUN. As part of 

this optional pre-notice consultation, 

EPA would discuss specific data it 

believes may be useful in evaluating a 

significant new use. SNUNs submitted 

for significant new uses without any test 

data may increase the likelihood that 

EPA will take action under TSCA 

section 5(e) to prohibit or limit activities 

associated with this chemical substance. 

SNUN submitters should be aware 

that EPA will be better able to evaluate 

SNUNs that provide detailed 

information on: 

• Human exposure and 

environmental releases that may result 

from the significant new uses of the 

chemical substance. 

• Potential benefits of the chemical 

substance. 

• Information on risks posed by the 

chemical substances compared to risks 

posed by potential substitutes. 

VIII. SNUN Submissions 

EPA recommends that entities consult 

with the Agency prior to submitting a 

SNUN to discuss what data may be 

useful in evaluating a significant new 

use. Discussions with the Agency prior 

to submission can afford ample time to 

conduct any tests that might be helpful 

in evaluating risks posed by the 

intended use of the chemical substance. 

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 40 

CFR 720.50. SNUNs must be submitted 

on EPA Form No. 7710–25, generated 

using e-PMN software, and submitted to 

the Agency in accordance with the 

procedures set forth in 40 CFR 721.25 

and 40 CFR 720.40. E–PMN software is 

available electronically at http://

www.epa.gov/opptintr/newchems. 

IX. Economic Analysis 

A. SNUNs 

EPA has evaluated the potential costs 

of establishing SNUR reporting 

requirements for potential 

manufacturers and processors of the 

chemical substance included in this rule 

(Ref. 5). In the event that a SNUN is 

submitted, costs are estimated at 

approximately $8,589 per SNUN 

submission for large business submitters 

and $6,189 for small business 

submitters. These estimates include the 

cost to prepare and submit the SNUN, 

and the payment of a user fee. 

Businesses that submit a SNUN would 

be subject to either a $2,500 user fee 

required by 40 CFR 700.45(b)(2)(iii), or, 

if they are a small business with annual 

sales of less than $40 million when 

combined with those of the parent 

company (if any), a reduced user fee of 

$100 (40 CFR 700.45(b)(1)). The costs of 

submission of SNUNs will not be 

incurred by any company unless a 

company decides to pursue a significant 

new use as defined in this SNUR. EPA’s 

complete economic analysis is available 

in the public docket for this rule (Ref. 

5). 

B. Export Notification 

Under section 12(b) of TSCA and the 

implementing regulations at 40 CFR part 

707, subpart D, exporters must notify 

EPA if they export or intend to export 

a chemical substance or mixture for 

which, among other things, a rule has 

been proposed or promulgated under 

section 5. For persons exporting a 

substance that is the subject of a SNUR, 

a one-time notice must be provided for 

the first export or intended export to a 

particular country. The total costs of 

export notification will vary by 

chemical substance, depending on the 

number of required notifications (i.e., 

the number of countries to which the 

chemical substance is exported). EPA is 

unable to make any estimate of the 

likely number of export notifications for 

the chemical substances covered in this 

SNUR. 

X. Response to Comments 

The Agency reviewed and considered 

all comments received related to the 

proposed rule. Copies of all non-CBI 

comments are available in the docket for 

this action (EPA–HQ–OPPT–2009– 

0767). A discussion of the major 

comments germane to the rulemaking 

and the Agency’s responses follow. 

Responses to all germane comments 

received are in the document titled: 

‘‘Response to Comments on the 

Proposed Ethylene Glycol Ethers 

(Glymes) Significant New Use Rule 

(SNUR)’’ (Ref. 6), which is also available 

in the docket. 

A. Scope of Ethylene Glycol Ethers 

Category 

1. Comment. One commenter 

contends that the term glymes, while 

technically correct, is a less well-known 

term for these ethylene glycol ethers. 

The commenter asserts it may not have 

been clear to many what chemicals are 

subject to this rulemaking. 

Response. EPA disagrees that it was 

unclear what chemical substances were 

the subjects of the proposed SNUR. 

Even if an individual manufacturer or 

processor were unfamiliar with the term 

EPA used to designate the category 

(‘‘glymes’’), all of the chemical 

substances proposed to be included in 

the SNUR were also individually 

identified by their CASRN, CA Index 

Name, and ethylene glycol ether 

common name. Notice of the proposal 

was adequate; there were several ways 

in which stakeholders could have 

determined which chemical substances 

were the subjects of the proposal. 

However, to increase clarity, EPA will 

list the ‘‘ethylene glycol ether’’ name 

instead of the name ‘‘glymes’’ to 

characterize the chemicals subject to 

this SNUR. 

2. Comment. One commenter 

contends that while the ethylene glycol 

ethers are structurally similar, they vary 

in molecular weight, in the number of 

ethylene glycol groups, and in the 

length of the terminal alkyl groups. The 

commenter asserts that the presence of 

characteristics, such as longer terminal 

alkyl groups and more ethylene glycol 

groups act to reduce the developmental 

and reproductive toxicity of the higher 

molecular weight ethylene glycol ethers, 

as compared to the lower molecular 

weight ethylene glycol ethers. The 

commenter states that there is a 

decrease in ethylene glycol ether 

toxicity with increasing terminal alkyl 

length and/or increasing ethylene glycol 

groups, and that the category should be 

limited to monoglyme, diglyme and 

ethylglyme. Another commenter 

contends that the category should be 

limited based on a consideration of 

metabolism. The commenter contends 

that the category should be limited to 

monoglyme, diglyme, ethyl diglyme and 

triglyme because only these will be 

metabolized in the body to chemical 

substances that have toxicity 

characteristics of ethylene glycol 

monomethyl ether and ethylene glycol 

monoethyl ether. The commenter 

contends that none of the other ethylene 

glycol ethers exhibit developmental or 

reproductive toxicity similar to that of 

these four chemical substances. 

Response. A specific evaluation of 

hazard is not required by TSCA section 

5(a)(2) to issue a SNUR. Nonetheless, 

EPA has based this SNUR in part on 

considerations of toxicity, so toxicity 

considerations are relevant in this 

instance. 

EPA believes that based on both 

toxicity data and structure-activity 

relationships (Refs. 1–4) ethylene glycol 

ethers that consist of 1, 2 or 3 glycol 

ether groups and terminal alkyl groups 


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of 1 to 4 carbons can be anticipated to 

cause developmental and reproductive 

toxicity and/or hemolytic toxicity. 

Based on these same data and structureactivity relationships, EPA agrees with 

commenters that chemical substances 

with more than 3 repeating glycol ether 

units should not be included in the 

category because the toxicity of such 

substances is dissimilar from the 

remaining members of the category. 

Therefore, EPA removed seven of the 

proposed category members from the 

final rule. 

While there is evidence that the 

toxicity is reduced going from methyl to 

butyl ether and with increasing number 

of ethylene glycol groups, toxicity is 

still observed (Refs. 3, 4). Indeed, data 

provided by one commenter 

demonstrate the developmental toxicity 

of six of the seven ethylene glycol ethers 

(Ref. 7). Among the seven substances 

listed in Table 1 of Unit II., EPA 

disagrees that the relevant evidence 

establishes sufficient variation in degree 

of toxicity to cull any further substances 

from the group. Differing doses at which 

toxicity occurs does not equate with 

lack of toxicity. Thus, EPA disagrees 

with the commenter that the category 

should be further limited to only those 

chemicals which induce toxicity at the 

lowest doses. Inclusion in the category 

is appropriately predicated on similarity 

of toxicity. (EPA notes also that the 

commenters’ individual lists are not in 

agreement with respect to ethylene 

glycol ethers that they consider to be the 

most developmentally toxic, and that 

there is only partial overlap between 

these two lists.) 

Further, ethylene glycol ethers cause 

adverse effects in addition to 

reproductive and developmental 

toxicity. Data for other toxic effects of 

ethylene glycol ethers with terminal 

alkyl groups of one to four carbons do 

not indicate a trend toward decreasing 

toxicity with increasing alkyl chain 

length (Ref. 4). Hemolysis has been 

reported in varying degrees for ethylene 

glycol ethers of one to five carbons in 

the alkyl chains (Ref. 4). Hemolysis is 

associated with chain length, and a 

chain length of four carbons causes this 

type of toxicity at the lowest dose (Ref. 

4). 

One commenter contends that ‘‘the 

lower glymes that are generally 

considered to be toxic following 

repeated exposure are: Monoglyme, 

diglyme and ethylglyme. The higher 

glymes that are less toxic following 

repeated exposure are triglyme, 

tetraglyme, polyglyme, ethyldiglyme 

and butyldiglyme’’ (Ref. 7). EPA 

disagrees that molecular weight can be 

appropriately applied, by itself, to 

establish which substances are 

sufficiently similar to be included in the 

SNUR. EPA notes that some level of 

variation within chemical categories is 

inevitable when placing similar 

chemicals into groups, and therefore, 

variation is expected. The similarity in 

the toxicity of the chemical substances 

that are the subject of this SNUR is not 

primarily based on molecular weight 

but as discussed above is based on both 

toxicity data and structure-activity 

relationships (Refs 1–4). Ethylene glycol 

ethers that consist of 1, 2 or 3 glycol 

ether groups and terminal alkyl groups 

of 1 to 4 carbons can be anticipated to 

cause developmental and reproductive 

toxicity and/or hemolytic toxicity. 

Based on these toxicity considerations, 

EPA notes that it did, in fact remove 

some of the higher molecular weight 

ethylene glycol ethers from the final 

rule. But EPA disagrees that varying 

molecular weight, in itself, should be a 

deciding factor in eliminating a 

chemical substance from a category of 

similar chemical substances. While the 

commenter provides limited data on 

developmental and reproductive 

toxicity, they provide no data with 

respect to other toxicity endpoints of 

concern (including toxicity to blood and 

blood forming organs, and potential for 

gene mutation) and the commenter does 

not speculate on possible similarities or 

differences among the chemical 

substances with respect to these 

endpoints (Ref. 7). 

3. Comment. Several commenters 

contend that the ethylene glycol ether 

category is too broad. While the 

chemical substances in the category are 

similar because they have one or more 

repeating glycol ether groups and 

terminal alkyl chains, structural 

similarity is not sufficient to predict 

toxicity. One commenter further states 

that structural similarities alone should 

not be the basis for toxicity 

determinations, risk assessment and 

subsequent regulation. 

Response. EPA acknowledges the 

commenters’ assertions that the category 

of ethylene glycol ethers in the 

proposed SNUR was too broad, and is 

finalizing this SNUR for only seven of 

the original 14 chemicals. 

The commenters’ remaining 

arguments (about the relevance of 

structural similarities to risk 

assessment, and subsequent regulation) 

are premature. This SNUR is not based 

on a risk assessment, and it does not 

establish that subsequent regulation of 

the ethylene glycol ethers would be 

necessary in the event EPA receives a 

significant new use notice after 

promulgating this rule. 

While EPA did consider toxicity in 

deciding to focus on these chemical 

substances, under TSCA section 5(a)(2), 

EPA is neither required to determine 

that a particular new use of any 

chemical substance presents, nor even 

that it may present, an unreasonable risk 

to human health or the environment. 

Rather, EPA issues a SNUR for a 

particular new use of a substance if it 

has reason to anticipate that the use 

would raise significant questions related 

to potential exposure, so that it should 

have an opportunity to review the use 

before such use could occur. EPA bases 

this judgment on a consideration of all 

relevant factors, including the specific 

factors identified at section 5(a)(2). EPA 

considered similarities in toxicity and 

potential toxicity among these chemical 

substances, similarities in uses and 

considered the extent to which the 

significant new uses that are the subject 

of this SNUR could result in changes to 

the processing of these chemical 

substances and the type, duration and 

magnitude of exposures to these 

chemicals. 

B. Use 

4. Comment. Two commenters request 

clarification on whether automobiles are 

considered consumer products. These 

commenters point to the definition of 

consumer product at section 3(a)(5) of 

the Consumer Product Safety Act 

(CPSA), which excludes motor vehicles. 

These commenters contend that the EPA 

definition at 40 CFR 721.3 should be 

clarified to be consistent with CPSA and 

exclude motor vehicles. 

Response. CPSA is a different statute 

from TSCA. For purposes of significant 

new use rules issued pursuant to TSCA, 

consumer product is defined at 40 CFR 

721.3 as ‘‘. . . a chemical substance that 

is directly, or as part of a mixture, sold 

or made available to consumers for their 

use in or around a permanent or 

temporary household or residence, in or 

around a school, or in recreation.’’ This 

is the pertinent regulatory text and it 

contains no exclusion for automobiles. 

However, EPA would not consider 

ethylene glycol ethers to have been 

‘‘sold or made available to consumers 

for their use’’ merely because they have 

been sold or made available to 

automobile manufacturers or 

commercial auto service establishments 

(for their use in manufacturing or 

maintaining customers’ motor vehicles). 

By contrast, ethylene glycol ethers that 

are sold or made available to a 

consumer, for the consumer’s own use 

in maintaining his or her own motor 

vehicle (e.g., as part of an aftermarket 

brake fluid) would fall within the 

definition of ‘‘consumer product.’’ 


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5. Comment. One commenter asks 

that EPA clarify the status of brake fluid 

contained in a new or used motor 

vehicle at point of sale. 

Response. EPA would not consider an 

ethylene glycol ether to have been ‘‘sold 

or made available to consumers for their 

use,’’ merely because it has been made 

available to motor vehicle 

manufacturers (as part of a brake fluid 

mixture for their use in manufacturing 

customers’ motor vehicles) or used car 

dealers. By contrast, ethylene glycol 

ethers that are sold or made available to 

a consumer, for the consumer’s own use 

in maintaining his or her own motor 

vehicle (e.g., as part of an aftermarket 

brake fluid) would fall within the 

definition of ‘‘consumer product.’’ 

6. Comment. One commenter 

requested that EPA clarify how 

aftermarket components are addressed 

in this rulemaking. 

Response. An aftermarket component 

is any product offered for sale or 

installation in or on a motor vehicle 

after such vehicle has left the 

manufacturer’s production line. Use in 

an aftermarket component would 

qualify as use in a consumer product if 

the chemical substances in an 

aftermarket component are ‘‘sold or 

made available to consumers for their 

use in or around a permanent or 

temporary household or residence, in or 

around a school, or in recreation.’’ 40 

CFR 721.3. 

7. Comment. Two commenters request 

that EPA modify the listed ongoing use 

for monoethylene glycol dimethyl ether 

(monoglyme) listed in the proposed 

rule—‘‘any use in a consumer product 

except in electrolyte solution in sealed 

lithium batteries’’ to ‘‘any use in a 

consumer product except in electrolyte 

solutions for primary and secondary 

sealed lithium batteries’’—because this 

would clarify that the ongoing use of 

monoglyme is in all primary and 

secondary batteries. 

Response. For purposes of defining 

the scope of the significant new use, 

EPA has determined that the use of 

ethylene glycol ethers in sealed lithium 

batteries (whether primary or 

secondary) is not use in a consumer 

product. An ethylene glycol ether is not 

being ‘‘sold or made available to 

consumers for their use,’’ 40 CFR 721.3, 

merely because it is contained in the 

electrolyte of sealed lithium batteries, 

which are themselves used by 

consumers. With this clarification, EPA 

is finalizing the significant new use for 

monoethylene glycol dimethyl ether as 

‘‘any use in a consumer product.’’ 

XI. References 

The following is a listing of the 

documents that are specifically 

referenced in this document. The docket 

includes these documents and other 

information considered by EPA in 

developing this rule, including the 

documents referenced within the 

documents that are in the docket, even 

if the referenced document is not 

physically located in the docket. For 

assistance in locating these other 

documents, please consult the technical 

person listed under FOR FURTHER

INFORMATION CONTACT. 

1. US EPA. Glymes; Proposed Significant 

New Use Rule. 76 FR 40850, July 12, 2011. 

2. US EPA. TSCA New Chemicals Program 

(NCP) Chemical Categories. Last revised 

August 2010, pages 68–69. http://

www.epa.gov/oppt/newchems/pubs/

npcchemicalcategories.pdf. 

3. US EPA. Glycol Ethers Category; Toxic 

Chemical Release Reporting; Community 

Right-To-Know. 58 FR 36180, July 6, 1993. 

4. US EPA. Glycol Ethers Category; Toxic 

Chemical Release Reporting; Community 

Right-To-Know. 59 FR 34386, July 5, 1994. 

5. US EPA. Economic Analysis of the 

Significant New Use Rule for Seven Ethylene 

Glycol Ethers. Prepared by Nishkam Agarwal 

and Abt Associates Inc. September 30, 2013. 

6. US EPA. Response to Comments on the 

Proposed Ethylene Glycol Ethers (Glymes) 

Significant New Use Rule (SNUR). October 

30, 2013. 

7. Novolyte Technologies. Attachment 1: 

Categorization of Glymes Based on 

Toxicology and Structural Characteristics. 

October 12, 2011, pages 1–21. 

XII. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

This final rule has been designated by 

OMB as a ‘‘significant regulatory action’’ 

under section 3(f) of Executive Order 

12866 (58 FR 51735, October 4, 1993). 

Accordingly, EPA submitted this action 

to OMB for review under Executive 

Orders 12866 and 13563 (76 FR 3821, 

January 21, 2011) and any changes made 

in response to OMB recommendations 

have been documented in the docket for 

this action. 

B. Paperwork Reduction Act (PRA) 

This action does not impose any new 

information collection burden under the 

PRA, 44 U.S.C. 3501 et seq. Burden is 

defined in 5 CFR 1320.3(b). The 

information collection activities 

associated with existing chemical 

SNURs are already approved by OMB 

under OMB control number 2070–0038 

(EPA ICR No. 1188); and the 

information collection activities 

associated with export notifications are 

already approved by OMB under OMB 

control number 2070–0030 (EPA ICR 

No. 0795). If an entity were to submit a 

SNUN to the Agency, the annual burden 

is estimated to be less than 100 hours 

per response, and the estimated burden 

for an export notifications is less than 

1.5 hours per notification. In both cases, 

burden is estimated to be reduced for 

submitters who have already registered 

to use the electronic submission system. 

Additional burden, estimated to be less 

than 10 hours, could be incurred where 

additional record keeping requirements 

are specified under 40 CFR 721.125(a), 

(b), and (c). 

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 the 

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 this SNUR. This 

listing of the OMB control numbers and 

their subsequent codification in the CFR 

satisfies the display requirements of the 

PRA and OMB’s implementing 

regulations at 5 CFR part 1320. Since 

the existing OMB approval was 

previously subject to public notice and 

comment before OMB approval, and 

given the technical nature of the table, 

EPA finds that further notice and 

comment to amend the table 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. 

C. Regulatory Flexibility Act (RFA) 

Pursuant to section 605(b) of the RFA, 

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

promulgation of this SNUR will not 

have a significant economic impact on 

a substantial number of small entities. 

The rationale supporting this 

conclusion is as follows. 

A SNUR applies to any person 

(including small or large entities) who 

intends to engage in any activity 

described in the rule as a ‘‘significant 

new use.’’ By definition of the word 

‘‘new’’ and based on all information 

currently available to EPA, it appears 

that no small or large entities presently 

engage in such activities. Since this 

SNUR will require a person who intends 

to engage in such activity in the future 

to first notify EPA by submitting a 


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SNUN, no economic impact will occur 

unless someone files a SNUN to pursue 

a significant new use in the future or 

forgoes profits by avoiding or delaying 

the significant new use. Although some 

small entities may decide to engage in 

such activities in the future, EPA cannot 

presently determine how many, if any, 

there may be. However, EPA’s 

experience to date is that, in response to 

the promulgation of SNURs covering 

over 1,000 chemical substances, the 

Agency receives only a handful of 

notices per year. During the six year 

period from 2005–2011, only three 

submitters self-identified as small in 

their SNUN submission (Ref. 5). EPA 

believes the cost of submitting a SNUN 

is relatively small compared to the cost 

of developing and marketing a chemical 

new to a firm and that the requirement 

to submit a SNUN generally does not 

have a significant economic impact. 

Therefore, EPA believes that the 

potential economic impact of complying 

with this SNUR is not expected to be 

significant or adversely impact a 

substantial number of small entities. In 

a SNUR that published as a final rule on 

August 8, 1997 (62 FR 42690) (FRL– 

5735–4), the Agency presented its 

general determination that proposed 

and final SNURs are not expected to 

have a significant economic impact on 

a substantial number of small entities, 

which was provided to the Chief 

Counsel for Advocacy of the Small 

Business Administration. 

D. Unfunded Mandates Reform Act 

(UMRA) 

Based on EPA’s experience with 

proposing and finalizing SNURs, State, 

local, and Tribal governments have not 

been impacted by these rulemakings, 

and EPA does not have any reason to 

believe that any State, local, or Tribal 

government would be impacted by this 

rulemaking. As such, EPA has 

determined that this regulatory action 

would not impose any enforceable duty, 

contain any unfunded mandate, or 

otherwise have any effect on small 

governments subject to the requirements 

of sections 202, 203, 204, or 205 of 

UMRA, 2 U.S.C. 1531–1538. 

E. Executive Order 13132: Federalism 

This action does 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 (64 FR 43255, 

August 10, 1999). 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This rule does not have Tribal 

implications because it will not have 

any effect (i.e., there will be no increase 

or decrease in authority or jurisdiction) 

on Tribal governments, on the 

relationship between the Federal 

government and the Indian tribes, or on 

the distribution of power and 

responsibilities between the Federal 

government and Indian tribes. Thus, 

Executive Order 13175 (65 FR 67249, 

November 9, 2000) does not apply to 

this action. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

This action is not subject to Executive 

Order 13045 (62 FR 19885, April 23, 

1997), because this action is not 

intended to address environmental 

health or safety risks for children. 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This rule is not subject to Executive 

Order 13211 (66 FR 28355, May 22, 

2001), because this action is not 

expected to affect energy supply, 

distribution, or use. 

I. National Technology Transfer 

Advancement Act (NTTAA) 

Since this action does not involve any 

technical standards, NTTAA section 

12(d), 15 U.S.C. 272 note, does not 

apply to this action. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

This action does not entail special 

considerations of environmental justice 

related issues as delineated by 

Executive Order 12898 (59 FR 7629, 

February 16, 1994), because EPA has 

determined that this action will not 

have disproportionately high and 

adverse human health or environmental 

effects on minority or low-income 

populations. This action does not affect 

the level of protection provided to 

human health or the environment. 

XIII. Congressional Review Act (CRA) 

Pursuant to the CRA, 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 

40 CFR Part 9 

Environmental protection, Reporting 

and recordkeeping requirements. 

40 CFR Part 721 

Environmental protection, Chemicals, 

Hazardous substances, Reporting and 

recordkeeping requirements. 

Dated: December 10, 2014. 

Wendy C. Hamnett, 

Director, Office of Pollution Prevention and 

Toxics. 

Therefore, 40 CFR chapter I is 

amended as follows: 

PART 9—[AMENDED] 

■ 1. The authority citation for part 9 

continues to read as follows: 

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

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

21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33 

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

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

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

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

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

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

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

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

11023, 11048. 

■ 2. In § 9.1, add the following section 

in numerical order under the 

undesignated center heading 

‘‘Significant New Uses of Chemical 

Substances’’ to read as follows: 

§ 9.1 OMB approvals under the Paperwork 

Reduction Act. 

* * * * * 

40 CFR citation OMB control 

No. 

* * * * * 

Significant New Uses of Chemical 

Substances 

* * * * * 

721.10229 ............................. 2070–0038 

* * * * * 

* * * * * 

PART 721—[AMENDED] 

■ 3. The authority citation for part 721 

continues to read as follows: 

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

2625(c). 

■ 4. Add § 721.10229 to subpart E to 

read as follows: 


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Federal Register / Vol. 79, No. 241 / Tuesday, December 16, 2014 / Rules and Regulations 74647 

§ 721.10229 Ethylene glycol ethers. 

(a) Chemical substances and 

significant new uses subject to reporting. 

(1) The chemical substances identified 

in Table 1 of this paragraph are subject 

to reporting under this section for the 

significant new uses described in Table 

1 of this paragraph. 

TABLE 1—ETHYLENE GLYCOL ETHERS AND SIGNIFICANT NEW USES SUBJECT TO REPORTING

Chemical name 

Chemical 

Abstracts 

index name 

Chemical 

Abstracts 

Service 

Registry No. 

(CASRN) 

Significant new use(s) 

Monoethylene glycol dimethyl 

ether or monoglyme.

Ethane, 1,2,-dimethoxy- .......... 110–71–4 Any use in a consumer product. 

Diethylene glycol dimethyl ether 

or diglyme.

Ethane, 1,1′-oxybis[2-methoxy- 111–96–6 Any use in a consumer product. 

Diethylene glycol diethyl ether 

or ethyldiglyme.

Ethane, 1,1′-oxybis[2-ethoxy- .. 112–36–7 Any use in a consumer product except as a component of 

inks, coatings and adhesives, and as a component of paint/

graffiti removers. 

Triethylene glycol dimethyl 

ether or triglyme.

2,5,8,11-Tetraoxadodecane ..... 112–49–2 Any use in a consumer product, except as a solvent in consumer adhesives, in brake fluid, as a component of consumer paint/graffiti removers, and in consumer paints. 

Diethylene glycol dibutyl ether 

or butyldiglyme.

Butane, 1,1′-[oxybis(2,1- 

ethanediyloxy)]bis-.

112–73–2 Any use in a consumer product except as a solvent in consumer inks, coatings and adhesives, and as a component in 

soldering compounds. 

Ethylene glycol diethyl ether or 

ethylglyme.

Ethane, 1,2-diethoxy ................ 629–14–1 Any use in a consumer product. 

Triethylene glycol dibutyl ether 

or butyltriglyme.

5,8,11,14-Tetraoxaoctadecane 63512–36–7 Any use. 

(2) [Reserved] 

(b) [Reserved] 

[FR Doc. 2014–29429 Filed 12–15–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2014–0703; FRL–9919–52– 

Region 9] 

Revisions to the California State 

Implementation Plan, Feather River Air 

Quality Management District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to approve revisions to the 

Feather River Air Quality Management 

District (FRAQMD) portion of the 

California State Implementation Plan 

(SIP). These revisions concern 

emissions of particulate matter (PM), 

volatile organic compounds (VOCs) and 

oxides of nitrogen (NOX) from wood 

heating devices and open burning. We 

are approving local rules that regulate 

these emission sources under the Clean 

Air Act (CAA or the Act). 

DATES: This rule is effective on February 

17, 2015 without further notice, unless 

EPA receives adverse comments by 

January 15, 2015. If we receive such 

comments, we will publish a timely 

withdrawal in the Federal Register to 

notify the public that this direct final 

rule will not take effect. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09– 

OAR–2014–0703, by one of the 

following methods: 

1. Federal eRulemaking Portal: 

www.regulations.gov. Follow the on-line 

instructions. 

2. Email: steckel.andrew@epa.gov. 

3. Mail or deliver: Andrew Steckel 

(Air-4), U.S. Environmental Protection 

Agency Region IX, 75 Hawthorne Street, 

San Francisco, CA 94105–3901. 

Instructions: All comments will be 

included in the public docket without 

change and may be made available 

online at www.regulations.gov, 

including any personal information 

provided, unless the comment includes 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Information that 

you consider CBI or otherwise protected 

should be clearly identified as such and 

should not be submitted through 

www.regulations.gov or email. 

www.regulations.gov is an ‘‘anonymous 

access’’ system, and EPA will not know 

your identity or contact information 

unless you provide it in the body of 

your comment. If you send email 

directly to EPA, your email address will 

be automatically captured and included 

as part of the public comment. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: Generally, documents in the 

docket for this action are available 

electronically at www.regulations.gov 

and in hard copy at EPA Region IX, 75 

Hawthorne Street, San Francisco, 

California 94105–3901. While all 

documents in the docket are listed at 

www.regulations.gov, some information 

may be publicly available only at the 

hard copy location (e.g., copyrighted 

material, large maps), and some may not 

be publicly available in either location 

(e.g., CBI). To inspect the hard copy 

materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Christine Vineyard, EPA Region IX, 

(415) 947–4125, vineyard.christine@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us,’’ 

and ‘‘our’’ refer to EPA. 

Table of Contents 

I. The State’s Submittal 

A. What rules did the State submit? 

B. Are there other versions of these rules? 

C. What is the purpose of the submitted 

rules? 

II. EPA’s Evaluation and Action 

A. How is EPA evaluating the rules? 

B. Do the rules meet the evaluation 

criteria? 

C. EPA Recommendations To Further 

Improve the Rules 


tkelley on DSK3SPTVN1PROD with RULES