ORIGINAL SIGNIFICANT NEW USE RULE 

FOR PREMANUFACTURE NOTICE 

(PMN) P-85-0680 

55 FR 26102 June 26, 1990 

ORIGINAL DOCKET OPTS-50577 

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Federal Register / Vol. 55, No. 123 / Tuesday, June 26, 1990 / Rules and Regulations

20. By adding new § 721.2480 to

subpart E to read as follows:

§ 721.2480 Urea, condensate with

poiytoxy(methyl-1.2ethanedlyl)]-a-(2-

aminomethylethyl)--(2-aminoethylethoxy)

(generic name).

(a) Chemical substances and

significant new uses subject to

reporting. (1) The chemical substance

urea, condensate with poly[oxytmethyl1,2-ethanediyl)]-a-(2-aminomethylethyl)-

;L-(2-aminoethylethoxy) (PMN P-84-482)

is subject to reporting under this section

for the significant new uses described in

paragraph (a)(2) of this section.

(2) The significant new uses are:

(i) Industrial, commercial, and

consumer activities. Requirements as

specified in § 721.80(q).

(ii) [Reserved]

(b) Specific requirements. The

provisions of subpart A of this part

apply to this section except as modified

by this paragraph.

(1) Recordkeeping. The following

recordkeeping requirements are

applicable to manufacturers, importers,

and processors of this substance:

Recordkeeping requirements specified in

§ 721.125(a), (b), (c), and (i).

(2] Limitations or revocation of

certain notification requirements. The

provisions of § 721.185 apply to this

section.

(3) Determining whether a specific use is subject to this section.The

provisions of § 721.575(b)(1) apply to

this section.

(Approved by the Office of Management and

Budget under OMB control number 2070-0012)

21. By adding new § 721.2490 to

subpart E to read as follows:

§ 21.2490 Urea, (hexahydro6-methyl-2-

oxopyrlmldlnyl)-.

(a) Chemical substance and

significant new uses subject to

reporting. (1) The chemical substance

urea, (hexahydro-8-methyl2oxopyrimidinyl-. (PMN P-89-303) is

subject to reporting under this section

for the significant new uses described in

paragraph (a)(2) of this section.

(2) The significant new uses are: (i) Industrial, commercial, and

consumer activities Requirements as

specified in I 721.80(p) (level set at

1,975,000 and 2.200,000 kg).

(ii) [Reserved]

(b) Specific requirements. The

provisions of subpart A of this-part

apply to this section except as modified

by this paragraph.

(1) Recordkeeping. The following

recordkeeping requirements are

applicable to manufacturers, importers,

and processors of this substance as

-specified in I 721.125(a), (b), (c), and (i).

(2) Limitations or revocation of

certain notification requirements. The

provisions of § 721.185 apply to this

significant new use rule.

(Approved by the Office of Management and

Budget under OMB control number 2070-0012)

22. By adding new § 721.2585 to

subpart E to read as follows:

§ 721.2585 3-AIkyl-2-(2-anmlno)vnyl

thiazolinlum salt (generic name).

(a) Chemical substances and

significant new uses subject to

reporting. (1) The chemical substance

identified generically as 3-alkyl-2-(2-

anilino)vinylthiazolinium salt (PMN P84-1007) is subject to reporting under

this section for the significant new uses

described in paragraph (a)(2) of this

section.

(2) The significant new uses are:

(1) Protection in the workplace.

Requirements as specified in

§ 721.63(a)(1), (a)(3), (a)(4), (a)(5)(iif),

(a)(5)(iv), (a)(5)(v), (a)(5)(vi), (a)(5)(vii),

(a)(6)(i), (b) (concentration set at I

percent), and (c).

(ii) Hazard communication program.

Requirements as specified in J 721.72(a),

(b)(2), (c). (d), (e), (f) [concentration set

at 1 percent], (g)(1)(iii), (g)(1) (may be

lethal if inhaled or in contact with eyes),

(g)(2)(i), (g)(2)(ii), (g)(2)(iv), (g)(2)(v), and

(g)(5). The provision of § 721.72(d)

requiring that employees be provided

with information on the location and

availability of MSDSs does not apply

when an MSDS is not required under

§ 721.72(c). The provision of § 721.72(g)

requiring placement of specific

information on an MSDS does not apply

when an MSDS in not required under

§ 721.72(c).

(iii) Industrial commercial, and

consumer activities. Requirements as

specified in 1 721.80 0).

(b) Specific requirements. The

provisions of subpart A of this part

apply to this section except as modified

by this paragraph.

(1) Recordkeeping. The following

recordkeeping requirements are

applicable to manufacturers, importers,

and processors of this substance, as

specified in J 721.125(a) through (i), and

(k).

(2) Limitations or revocation of

certain notification requirements. The

provisions of § 721.185apply to this

section.

(Approved by the Office of Management and

Budget under OMB control number 2070-0012).

[FR Doc. 90-14794 Filed 6-25-0W8:45 am]

SILUiNG CODE 6640-0 .

40 CFR Part 721

[OPTS-50577; FRL-3710-5]

RIN 2070-AB27

Significant New Uses of Certain

Chemical Substances

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: EPA is promulgating

significant new use rules (SNURs) under

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

Control Act (TSCA) for several chemical

substances which were the subject of

premanufacture notices (PMNs) and

subject to TSCA section 5(e) consent

orders issued by EPA. Today's action

requires certain persons who intend to

manufacture, import, or process these

substances for a significant new use to

notify EPA at least 90 days before

commencing the manufacturing or

processing activity designated by this

SNUR as a significant new use. The

required notice will provide EPA with

the opportunity to evaluate the intended

use, and if necessary, to prohibit or limit

that activity before it occurs. EPA is

promulgating this SNUR using direct

final procedures.

DATES: This rule is effective August 27,

1990.

If EPA receives notice before July 26,

1990, that someone wishes to submit

adverse or critical comments on EPA's

action in establishing a SNUR for one or

more of the chemical substances subject

to this rule, EPA will withdraw the

SNUR for the chemical for which the

notice of intent to comment is received

and will issue a proposed SNUR

providing a 30-day period for public

comment

ADDRESSES: Each comment or notice of

intent to submit adverse or critical

comment must bear the docket control

number OPTS-50577 and the name(s) of

the chemical substance(s) subject to the

comment. Since some comments may

contain confidential business

information (CBI), all comments should

be sent in triplicate to: TSCA Document

Processing Center (TS-790), Office of

Toxic Substances, Environmental

Protection Agency, Rm. L-100, 401 M St.,

SW., Washington, DC 20460. - - ,

Nonconfidential versions of comments

on this rule will be placed in the - ,

rulemaking record and will be available

for public inspection. Unit VI of this

preamble contains additional

information on inquiries involving CBI.

26102

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Federal Register / Vol. 55, No. 123 / Tuesday. June 26, 1990 / Rules and Regulations

FOR FURTHER INFORMATION CONTACT.

Michael M. Stahl, Director.

Environmental Assistance Division (TS799), Office of Toxic Substances,

Environmental Protection Agency, Rm.

E--543B, 401 M St., SW., Washington, DC

20460, Telephone: (202) 554-1404, TDD:

(202) 554-0551.

SUPPLEMENTARY INFORMATION: This

SNUR will require persons to notify EPA

at least 90 days before commencing any

activity designated by this SNUR as a

significant new use. The supporting

rationale and background to this rule

are more fully set out in the preamble to

EPA's first direct final SNUR published

in the Federal Register of April 24. 1990

(55 FR 17376). Consult that preamble for

further information on the objectives,

rationale, and procedures for the rules

and on the basis for significant new use

designations including provisions for

developing test data.

L Authority

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 section 5(a)(2).

Once EPA determines that a use of a

chemical substance is a significant new

use, section 5(a)(1)(B) of TSCA requires

persons to submit a notice to EPA at

least 90 days before they manufacture,

import, or process the substance for that

use. The mechanism for reporting under

this requirement is established under 40

CFR 721.10.

IL Applicability of General Provisions

General provisions for SNURs appear

under subpart A of 40 CFR part 721.

These provisions describe persons

subject to the rule, recordkeeping

requirements, exemptions to reporting

requirements, and applicability of rule to

uses occurring before the effective date

of the final rule. Rules on user fees

appear at 40 CFR part 700. Persons

subject to this SNUR must comply with

the same notice requirements and EPA

regulatory procedures as submitters of

PMNs under section 5(a)[1)(A) of TSCA.

In particular, these requirements include

the information submission

requirements of section 5(b) and 5(d)[1),

the exemptions authorized by section

5(h)(1), (2), (3), and (5), and the

regulations at 40 CFR part 720. Once

EPA receives a SNUR notice, EPA may

take regulatory action under section

5(e, 5(f), 6, or 7 to control the activities

on which it has received the SNUR

notice. If EPA does not take action. EPA

is required under section 5(g) to explain

in the Federal Register its reasons for

not taking action.

Persons who intend to export a

substance identified in a proposed or

final SNUR are subject to the export

notification provisions of TSCA section

12(b). The regulations that interpret

section 12(b) appear at 40 CFR part 707.

Persons who intend to import a chemical

substance identified in a final SNUR are

subject to the TSCA section 13 import

certification requirements, which are

codified at 19 CFR 12.118 through 12.127

and 127.28 and must certify that they are

in compliance with the SNUR

requirements. The EPA policy in support

of the import certification appears at 40

CFR part 707.

II. Substances Subject to this Rule

EPA is establishing significant new use and recordkeeping requirements for

the following chemical substances under

40 CFR part 721 subpart E. In this unit,

EPA provides a brief description for

each substance, including its PMN

number, chemical name, CAS number (if

assigned), basis for the action taken by

EPA in the section 5(e) consent order for

the substance, toxicities of concern, any

tests identified in the section 5(e) order.

and the CFR citation assigned in the

regulatory text section of this rule. The

preamble identifies recommended

testing for each substance, and in cases

where the section 5(e) order establishes

a production limit describes the tests

that must be completed by the PMN

submitter prior to exceeding the limit. If

the specific chemical name is claimed as

CBI, the citation includes a generic

chemical name. The specific uses

(including the production limit) which

are designated as significant new uses

are cited in the regulatory text section of

this rule. The requirements specified by

these citations are set out at 40 CFR part

721 subpart B. Certain new uses,

including production limits and other

uses designated in the rule are also

claimed as CBI. The procedure for

obtaining confidential information is set

out in Unit V11.

Some of the earlier section 5(e) orders

contain provisions that required

wording changes to be converted into

SNURs. In some instances, the SNUR

text is merely more detailed (eg., the

provision for a written hazard

communication program in § 721.7Z(a) is

more detailed than the hazard

communication provisions in some

earlier orders). In such cases, EPA

considers the SNUR and section 5(e)

provisions to be generally equivalent. In some instances, a particular requirement

may be so differently worded from the

corresponding SNUR provision that the

basis of the SNUR provision is not

evident. Where this occurs, the

preamble below explains why the SNUR

provision was chosen.

The SNURs that contain worker

protection or hazard communication (all

nineteen of these substances except P.-

87-304 and P-87-1456) provide an

exemption from such provisions if the

substances are present at low levels in

mixtures and are not expected to

reconcentrate. The exemptions are

provided in §§ 721.63(b) and 721.72(e)

and will make these SNURs consistent

with SNURs based on more recent

section 5(e) consent orders that contain

this exemption. If a substance was

determined to pose a cancer concern,

whether by structural-activity analysis

or actual data (as described in the

preamble that follows, it is exempt only

if the level of the substance in the

mixture is 0.1 percent or less. Other

substances must be at a level not to

exceed 1.0 percent in order to qualify for

the exemption. In addition, a number of

section 5(e) orders restrict

manufacturing, processing, or use to a

specific site or sites based on a

determination that the substance may

present ecotoxicity or human health

concerns if released at concentrations

above a certain concern level, and that

use at alternative sites could result in

releases above such level. In these

cases, EPA has not included the site

restriction in the SNUR. but instead has

defined a new use for the substance to

include any release that exceeds the

identified concern level, as provided in

§ 721.90,

PMN Number P-84-820

Chemical name. Phosphonium salt

(generic name).

CAS number. Not assigned.

Effective date of section 5(el consent

order December 10, 1984.

Basis for section 5(e) consent orer. The

Order was issued under section

5(e)(1)(A)(i) and (ii)(l1 of TSCA based on

a finding that this substance may

present an unreasonable risk of injury to

health.

Toxicity concerns: This substance may

be neurotoxic.

Recommended testing: A 28-day

repeated exposure study to characterize

neurotoxicity of the substance. The

duration of recommended testing should

not be less than 28 days. A 90.-day test

is preferred.

CFR citation: 40 CFR 721.1608.

PMN Number P-84-1079

Chemicalname: Alkylated diphenyl

oxide (generic namp).

CAS number. Not assigned.

|

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26104 Federal Register / Vol. 55, No. 123 / Tuesday, June 26, 1990 / Rules and Regulations

Effective date of section 5(e) consent

order April 17, 1985.

Basis for section 5(e) consent order. The

Order was issued under section

5(e)(1)(A)(i) and (ii)W of TSCA based on

a finding that this substance may

present an unreasonable risk of injury to

health.

Toxicity concerns: Similar substances

have been shown to cause

developmental and reproductive effects

in test animals. In addition, analog data

support a concern for acute and chronic

toxicity to aquatic organisms, and for

bioconcentration.

Recommended testing: A Chernoff

Screening Test to help characterize

possible developmental and

reproductive effects of the substance.

Ecotoxicity tests have not been

specified.

Rationale for using SNUR reporting

triggers not matched in 5(e): The section

5(e) order restricts the PMN submitter to

disposal as described in the PMN only.

The PMN specifies release to industrial

waste treatment where primary and

secondary treatment occur. The release

to water reporting provision merely

extends the pre-release treatment as a

requirement to others.

CFR citation: 40 CFR 721.853.

PMN Number P-85-367

Chemical name: Haloalkyl substituted

cyclic ethers (generic name).

CAS number. Not assigned.

Effective date of section 5(e) consent

order January 17, 1986.

Basis for section 5(e) consent order The

Order was issued under section

5(e)(1)(A)(i) and (ii)(1) of TSCA based on

a finding that this substance may

present an unreasonable risk of injury to

health.

Toxicity concerns:. Animal tests have

shown this substance to cause damage

to the central nervous system. Also a

similar substance is linked to

carcinogenicity and liver toxicity.

Recommended testing: An acute and 90-

day subchronic inhalation studies using

motor activity and including liver

pathology on P-85-367. A 2-year

bioassay in rodents would be necessary

to address the cancer concern.

CFR citation: 40 CFR 721.1078.

PMN Number P-5--368

Chemical name: Haloalkyl substituted

cyclic ethers (generic name).

CAS numbeR Not assigned.

Effective date of section 5(e) consent

order January 17, 1988..

Basis for section 5(e) consent order The

Order was issued under section

5(e)(1)(A)(i); and (ii)() of TSCA based on

a finding that this substance may

present an unreasonable risk of injury to

health.

Toxicity concerns: Animal tests have

shown this substance to cause damage

to the central nervous system.

Recommended testing: The go-day

subchronic inhalation study on P-85-367

Is sufficient to evaluate the potential

neurotoxicity to this substance due to

analogous structure.

CFR citation: 40 CFR 721.1078.

PMN Number P-85-369

Chemical name: Haloalkyl substituted

cyclic ethers (generic name).

CAS number Not assigned.

Effective date of section 5(e) consent

order. January 17,1986.

Basis for section 5(e) consent order. The

Order was issued under section

5(e)(1)(A)(i) and (ii)(I) of TSCA based on

a finding that this substance may

present an unreasonable risk of injury to

health.

Toxicity concerns: Animal tests have

shown this substance to cause damage

to the central nervous system.

Recommended testing: The 90-day

-subchronic inhalation study on P-85-367

is sufficient to evaluate the potential

neurotoxicity to this substance due to

analogous structure.

CFR citation: 40 CFR 721.1078.

PMN Number P-85-605

Chemical name: Trisubstituted phenol

(generic name).

CAS number: Not assigned.

Effective date of section 5(e) consent

order. July 25, 1985.

Basis for section 5(e) consent order. The

Order was issued under section

5(e)(1)(A)(i) and (ii)(1) of TSCA based on

a finding that this substance may

present an unreasonable risk of injury to

health.

Toxicity concerns: Similar substances

have been shown to cause cancer in test

animals.

Recommended testing: A 2-year rodent

bioassay to help characterize possible

carcinogenicity of the substance.

CFR citation: 40 CFR 721.1542.

PMN Number P-85-680

Chemical name: 1,1-Dimethylpropyl

peroxyester (generic name).

CAS number Not assigned.

Effective date of section 5(e) consent

order. January 30, 1986.

Basis for section 5(e) consent order. The

Order was issued under section

5(e)(1)(A)(i) and (ii)(I} of TSCA based on

a finding that this substance may

present an unreasonable risk of injury to

health.

Toxicity concerns: Similar substances

have been shown to cause cancer in test

animals.

Recommended testing: A 2-year rodent

bioassay to help characterize possible

carcinogenicity of the substance.

CFR citation: 40 CFR 721.1560.

PMN Number P-85-1331

Chemical name: Naphthalene,1,2,3,4-

tetrahydro(1-phenylethyl) (specific

name).

CAS number. Not assigned.

Effective date of section 5(e) consent

order. April 15, 1987.

Basis for section 5(e) consent order. The

Order was issued under section

5(e)(1)(A)(i) and (ii)(1) of TSCA based on

a finding that this substance may

present an unreasonable risk of injury to

the environment.

Toxicity concerns: Similar substances

have been shown to be toxic to aquatic

organisms.

Recommended testing: A daphnid test

and fish early life stage study would

help characterize possible effects of this

substance on aquatic organisms.

CFR citation: 40 CFR 721.1460.

PMN Number P-86-501

Chemical name: Aromatic diamines

(generic name).

CAS number Not available.

Effective date of section 5(e) consent

order. March 2, 1988.

Basis for section 5(e) consent order The

Order was issued under section

5(e)(1)(A)(i) and (ii)(1) of TSCA based on

a finding that this substance may

present an unreasonable risk of injury to

health.

Toxicity concerns: Similar substances

have been shown to cause cancer,

hepatotoxicity, and retinopathy in test

animals.

Recommended testing: A 2-year

bioassay would help characterize the

possible carcinogenic effects of the

substance.

CFR citation: 40 CFR 721.782.

PMN Number P-86-503

Chemical name: Aromatic diamines

(generic name).

CAS number: Not available.

Effective date of section 5(e) consent

order March 2, 1988.

Basis for section 5(e) consent order. The

Order was issued under section

5(e)(1)(A)(i) and (ii)(I) of TSCA based on

a finding that this substance may

present an unreasonable risk of injury to

health.

Toxicity concerns: Similar chemicals

have been shown to cause cancer,

hepatotoxicity, and retinopathy in test

animals.

Recommended testing: A 2-year

bioassay would help characterize the

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possible carcinogenic effects of the

substance.

CFR citation: 40 CFR 721.782.

PMN Number P-86-628

Chemical name: Dimer acids, polymer

with polyalkylene glycol, bisphenol Adiglycerylether and alkylenepolyols

polyglycidylethers (generic name).

CAS number. Not assigned.

Effective date of section 5(e) consent

order November 13, 1988.

Basis for section 5(e) consent order The

Order was issued under section

5(e)[1)(A)(i) and (ii)(I) of TSCA based on

a finding that this substance may

present an unreasonable risk of injury to

health.

Toxicity concerns: Similar substances

have been shown to cause cancer and

reproductive effects in test animals.

Recommended testing: A 2-year rodent

bioassay and a 90-day rat subchronic

study to help characterize possible

carcinogenicity and reproductive (testicular) effects of the substance.

CFR citation: 40 CFR 721.818.

PMN Number P-86-1043

Chemical name: Monosubstituted

alkoxyaminotrizines (generic name).

CAS number. Not assigned.

Effective dote of section 5(e) consent

order. January 9, 1987.

Basis for section 5(e) consent order The

Order was issued under section

5(e)(1)(A)(i) and (ii)(I) of TSCA based on

a finding that this substance may

present an unreasonable risk of injury to

health.

Toxicity concerns: Similar substances

have been shown to cause cancer, heart,

kidney, liver, and immunotoxic effects in

test animals. Specific release concerns

are based on suspected carcinogenicity

of the substance and the concern that it

could reach drinking water. In addition,

based on similar substances, this

substance is expected to cause

phytotoxicity. The Agency has

concluded that levels of this substance

above 10 ppb raise concerns for effects

on aquatic organisms.

Rationale for using SNUR reporting

triggers not matched in 5(e): The section

5(e) order contains a provision that the

company can manufacture the PMN

substance only at approved locations.

The specified locations were assessed

and found not to meet or exceed the

concern level. Release of the substance

from other sites at a level of 10 ppb

could be a concern. Therefore, a,

significant new use notice is required if

the concern level could be exceeded.

Recommended testing- A 2-year rodent

bioassay.of P-88-1044 would help

characterize possible carcinogenicity of

this substance as well.

CFR citation: 40 CFR 721.291.

PMN Number P-86-1044

Chemical name: Monosubstituted

alkoxyaminotrizines (generic name).

CAS number Not assigned.

Effective date of section 5(e) consent

order. January 9, 1987.

Basis for section 5(e) consent order: The

Order was issued under section

5(e)(1)(A)(i) and (ii)(I) of TSCA based on

a finding that this substance may

present an unreasonable risk of injury to

health.

Toxicity concerns: Similar substances

have been shown to cause cancer, heart,

kidney, liver, and immunotoxic effects in

test animals. Specific release concerns

are based on suspected carcinogenicity

of the substance and that it could reach

drinking water. In addition, based on

similar substances, this substance is

expected to cause ecotoxicity. The

Agency has determined that levels of

this substance above I ppb raise

concerns for carcinogenicity and

ecotoxicity.

Recommended testing: A 2-year rodent

bioassay of this substance would help

characterize possible carcinogenicity of

P-86-1043 as well.

Rationale for using SNUR reporting

triggers not matched in 5(e): The section

5(e) order contains a provision that the

company can manufacture the PMN

substance only at approved locations.

The specified locations were sites at

which the PMN submitter intended to

release the substance. EPA allowed the

release because it estimated that the

proposed releases would cause aquatic

concentrations below the 1 ppb concern

level. A significant new use notice is

required if the concern level could be

exceeded.

PMN Number P-86-1252

Chemical name: Boric acid, alkyl and

substituted alkyl esters (generic name).

CAS number. Not assigned.

Effective date of 5[e) consent order. May

11, 1987.

Basis for section 5(e) consent order. The

Order was issued under section

5(e}(1)(A)(i) and (i)(I) of TSCA based on

a finding that this substance may

present an unreasonable risk of injury to

health.

Toxicity concerns: Similar substances

have been shown to cause cancer,

developmental, hematological, and

immune system effects in test animals.

Recommended testing A 2-year

bioassay, developmental toxicity test,

and a 90-day subchronic test in rats to

help characterize possible

carcinogenicity, developmental,

hematological, and immune system

effects of the substance.

Rationale for using SNUR reporting

triggers not matched in 5(e): The

Consent Order provided for a disposal

option of releasing hydrolyzed liquid

wastes containing the substance from an

on-site treatment facility. Although this

method of disposal may be approved for

others, the approved release to water is

specified in the regulatory text.

CFR citation: 40 CFR 721.617.

PMN Number P-86-1493

Chemical name: Substituted alkyl

peroxyhexane carboxylate (mixed

isomers) (generic name).

CAS number Not assigned.

Effective date of section 5(e) consent

order January 21, 1987.

Basis for section 5(e) consent order The

Order was issued under section

5(e)(1)(A)(i) and (ii)(I) of TSCA based on

a finding that this substance may

present an unreasonable risk of injury to

health.

Toxicity concerns: Similar substances

have been shown to cause cancer in test

animals. Specific release concerns are

based on suspected carcinogenicity of

the substance and that it could reach

drinking water. In addition, based on

test data this substance showed a LQo

effect at 7.3 ppm in fish. The Agency has

determined that levels of this substance

above 5 ppb raise carcinogenicity and

ecotoxicity concerns.

Recommended testing: A 2-year rodent

bioassay to help characterize possible

carcinogenicity of the substance.

Rationale for using SNUR reporting

triggers not matched in 5(e): The section

5(e) order allowed as a method of

disposal the release to an on-site waste

water treatment facility. These

conditions of disposal did not result in

release levels at or above 5 ppb. EPA

would be concerned with levels that met

or exceeded the 5 ppb.

CFR citation: 40 CFR 721.1565.

PMN Number P-87-304

Chemical name: Nitrothiophene

carboxylic acid, ethyl ester,

bis[[[(substituted}]amino]a

lkylphenyl]azo] (generic name).

CAS number Not assigned.

Effective date of section 5(e) consent

order July 1, 1987.

Basis for section 5(e) consent order. The

Order was issued under section

5{e)(1)(A)(i) and (i)() of TSCA based on

a finding that this substance may

present an unreasonable risk of injury to

health.

Toxicity concerns: Similar substances

have been shown to cause cancer in test

animals.-

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Recommended testing: A 2-year rodent

bioassay to help characterize possible

carcinogenicity of the substance.

CFR citation: 40 CFR 721.1488.

PMN Number P-87-1265

Chemical name: 2-

Naphthalenecarboxamide-N-aryl-3-

hydroxy-4-arylazo (generic name).

CAS number. Not assigned.

Effective date of section 5(e) consent

order February 1, 1988.

Basis for section 5(e) consent order The

Order was issued under section

5(e)(1)(A)(i) and (ii)(1) of TSCA based on

a finding that this substance may

present an unreasonable risk of injury to

health.

Toxicity concerns: Similar substances

have been shown to cause cancer and

mutagenicity in test animals.

Recommended testing- A 2-year rodent

bioassay and chromosomal aberration

study to help characterize possible

carcinogenicity and mutagenicity of the

substance.

CFR citation: 40 CFR 721.1465.

PMN Number P-87-1456

Chemical name- Polyamine

ureaformaldehyde condensate (generic

name).

CAS number Not assigned.

Effective date of section 5(e) consent

order May 4, 1988.

Basis for section 5(e) consent order The

Order was issued under section

5(e)(1)(A)(i) and (ii)(I) of TSCA based on

a finding that this substance may

present an unreasonable risk of injury to

the environment.

Toxicity concerns: Similar substances

have been shown to cause toxicity to

aquatic organisms. Analog data from

substances with similar chemical

structures show this substance to have a

potential EC 0 at 0.04 ppm for algae. EPA

has determined that levels of this

substance above I ppb raise concern for

ecotoxicity.

Recommended testing: An acute

ecotoxicity test for algae, daphnia and

fish to help characterize possible

toxicity to aquatic organisms.

Rationale for using SNUR reporting

triggers not matched in 5(e): Although

the section 5(e) order allows for effluent

of wastes containing this substance to

Publicly Owned Treatment Works

which discharge into oceans and the

Gulf of Mexico. the established concern

level of I ppb may not be exceeded.

CFR citation: 40 CFR 721.2500.

PMN Number P-88-63

Chemical name: Substituted thiazino

hydrazine salt (generic name).

CAS number Not assigned.

Effective date of section 5(e) consent

order April 22, 1988.

Basis for section 5(e) consent order The

Order was issued under section

5(e){1)(AJ(i) and (ii)(1) of TSCA based on

a finding that this substance may

present an unreasonable risk of injury to

health.

Toxicity concerns: Similar substances

have been shown to cause cancer and

systemic effects in test animals.

Recommended testing A 2-year rodent

bioassay and a 90-day subchronic study

to help characterize possible

carcinogenicity and systemic effects of

the substance.

CFR citation: 40 CFR 721.2180.

TV. Objectives and Rationale of the Rule

During review of the PMNs submitted

for the chemical substances that are

subject to this SNUR, EPA concluded

that for certain of the substances

regulation was warranted under section

5(e) of TSCA pending the development

of information sufficient to make a

reasoned evaluation of the health or

environmental effects of the substance.

The basis for such findings is outlined in

Unit Ill of this preamble. Based on these

findings, section 5(e) consent orders

requiring the use of appropriate controls

were negotiated with the PMN

submitter, and the SNUR provisions for

such substances are consistent with the

provisions of the section 5(e) orders. In

the case of chemical substances for

which the designated uses are not

regulated under a section 5(e) order,

EPA determined that one or more of the

criteria of concern established at 40 CFR

721.170 were meL

EPA is issuing this SNUR for specific

chemical substances which have

undergone premanufacture review to

ensure the following objectives: that

EPA will receive notice of any

company's intent to manufacture,

import, or process a listed chemical

substance for a significant new use

before that activity begins; that EPA will

have an opportunity to review and

evaluate data submitted in a SNUR

notice before the notice submitter begins

manufacturing, importing, or processing

a listed chemical substance for a

significant new use; that, when

necessary to prevent unreasonable

risks, EPA will be able to regulate

prospective manufacturers, importers, or

processors of a listed chemical

substance before a significant new use

of that substance occurs; and that all

manufacturers, importers, and

processors of the same chemical

substance which is subject to a section

5(e) order are subject to similar

requirements.

V. Direct Final Procedure

EPA is issuing these SNURs as direct.

final rules, as described in 40 CFR

721.160(c)(3) and 721.170(d)(4). In

accordance with 40 CFR 721.160(c)(3)(ii).

the rules will be effective August 27,

1990, unless EPA receives a written

notice by July 26, 1990, that someone

wishes to make adverse or critical

comments on EPA's action. If EPA

receives such notice, EPA will publish a

notice to withdraw the direct final

SNUR(s) for the specific substance(s) to

which the adverse or critical comments

apply. EPA will then propose a SNUR .

for the specific substance(s) providing a

30-day comment period.

This action establishes SNURs for

several chemical substances. Any

person who submits a notice of intent to

submit adverse or critical comments

must identify the substance and the new

use to which it applies. EPA will not

withdraw a SNUR for a substance not

identified in a notice.

VI. Test Data and Other Information

EPA recognizes that section 5 of

TSCA does not require developing any

particular test data before submission of

a SNUR notice. 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. In cases where a

section 5(e) order recommends certain

testing, Unit III of this preamble lists

those recommended tests.

The recommended studies may not be

the only means of addressing the

potential risks of the substance.

However, SNUR notices submitted for

significant new uses without any test

data may increase the likelihood that

EPA will take action under section 5(e).

particularly if satisfactory test results

have not been obtained from a prior

submitter. EPA recommends that

potential SNUR notice submitters

contact EPA early enough so that they

will be able to conduct the appropriate

tests.

SNUR notice submitters should be

aware that EPA will be better able to

evaluate SNUR notices which provide

detailed information on: (1) Human

exposure and environmental release

that may result from the significant new

use of the chemical substances; (2)

potential benefits of the substances; and

(3) information on risks posed by the

substances compared to risks posed by

potential substitutes.

VII. Procedural Determinations

EPA is establishing through this rule •

some significant new uses which have

been claimed as CBL EPA has decided it

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is appropriate to keep this information

confidential to protect the interest of the

original PMN submitter. EPA

promulgated a procedure to deal with

the situation where a specific significant

new use is CBI. This procedure appears

in 40 CFR 721.575(b)(1) and is similar to

that in § 721.11 for situations where the

chemical identity of the substance

subject to a SNUR is CBI. This

procedure is incorporated by reference

into each of these SNURs.

A manufacturer or importer may

request EPA to determine whether a

proposed use would be a significant new

use under this rule. Under the procedure

incorporated from § 721.575(b)(1), a

manufacturer or importer must show.

that it has a bona fide intent to

manufacture or import the substance

and must identify the specific use for

which it intends to manufacture or

import the substance. If EPA concludes

that the person.has shown a bona fide

intent to manufacture or import the

substance, EPA will tell the person

whether the use identified in the bona

fide submission Would be a significant

new use under the rule. Since most of

the chemical identities of the substances

subject to these SNURs are also CBI,

manufacturers and processors can

combine the bona fide submission under

the procedure in § 721.575(b)(1) with

that under § 721.11 into a single Step.

VII. Applicability of Rule to Uses

Occurring Before Effective Date of the

Final Rule

To establish a significant "new" use,

EPA must determine that the use is not

ongoing; The chemical substances

subject to this rule have undergone

premanufacture review. A section 5(e)

order has been issued in all these cases

and notice submitters are prohibited by

the section 5(e) orders from undertaking

activities which EPA is designating as significant new uses. EPA has received

a Notice of Commencement (NOC) on

all nineteen of these substances and

each one has been added to the

Inventory. EPA recognizes when

chemical substances identified in these

SNURs are added to the Inventory prior

to the effective date of the rule, the

substances may be manufactured,

imported, or processed by other persons

for a significant new use as defined in

this rule before the.effective date of the

rule. However, all but one of these

nineteen substances have CBI chemical

identities, and since EPA has received

only one corresponding post-PMN bona

fide submission, the Agency believes

that it is highly unlikely that many, if

any, of the significant new uses

described in the following regulatory

text are ongoing.

EPA has decided that the intent of

section 5(a)(1)(B) is best served by

designating a use as a significant new

use as of this date of publication rather

than as of the effective date of the rule.

Thus, persons who begin commercial

manufacture, import, or processing of

the substances regulated through these

SNURs will have to cease any such

activity before the effective date of

these rules. To resume their activities,

these persons would have to comply

with all applicable SNUR notice

requirements and wait until the notice

review period, including all extensions,

expires.

EPA has promulgated provisions to

allow persons to comply with these

SNURs before the effective date. If a

person were to meet the conditions of

advance compliance in § 721.45(h) (53

FR 28354, July 17, 1988)' the person will

be considered to have met the

requirements of the final SNUR for those

activities. If persons who begin

commercial manufacture, import, or

processing of the substance between

publication and the effective date of the,

SNUR do not meet the conditions of

advance compliance, they must cease

that activity before the effective date of

the rule. To resume their.activities, these

persons would have to comply with all

applicable SNUR notice requirements

andwait until the notice review period,

including all extensions, expires.

IX. Economic Analysis

* EPA has evaluated the potential costs

of establishing significant new use

notice requirements for potential

manufacturers, importers, and

processors of the chemical substances

subject to this rule. EPA's complete

economic analysis is available in the

public record for this rule (OPTS-50577).

X. Rulemaking Record

EPA has established a record for this

rulemaking (docket control number

OPTS-50577). The record includes

Information considered by EPA in

developing this rule.

A public version of this record

containing nonconfidential materials is

available for reviewing and copying

from 8 a.m. to 4 p.m., Monday through

Friday,-except legal holidays, in the

TSCA Public Docket Office, located at

Rim. NE-G004, 401 M St., SW.,

Washington. DC.

X. Regulatory Assessment

Requirements

A. Executive Order 12291

Under Executive Order 12291, EPA

must judge whether a rule is "major" - and therefore requires a Regulatory

Impact Analysis. EPA has determined

that this rule will not be a major" rule

because it will not have an effect on the

economy of $100 million or more, and it

will not have a significant effect on

competition, costs, or prices. While

there is nq precise way to calculate the

total annual cost of compliance with this

rule, EPA estimates that the cost for

submitting a significant new use notice

would be approximately $4,500 to

$11,000, including a $2,500 user fee

payable to EPA to offset EPA costs in

processing the'notice. EPA believes that,

because of the nature of the rule and the

substances involved, there will be few

SNUR notices submitted. Furthermore,

while the expense of a notice and the

uncertainty of possible EPA regulation

may discourage certain innovation, that

impact will be limited because such

factors are unlikely to discourage an

innovation that has high potential value.

This regulation was submitted to the

Office of Management and Budget

(OMB) for review as required by

Executive Order 12291.

B. Regulatory Flexibility Act

Under the Regulatory Flexibility Act

(5 U.S.C. 605(b)), EPA has determined

that this rule will not have a significant

impact on a substantial number of small

businesses. EPA has not determined

whether parties affected by this rule

would likely be small businesses.

However, EPA expects to receive few

SNUR notices for the substances.

Therefore, EPA believes that the number

of small businesses affected by this rule

will not be substantial, even if all of the

SNUR notice submitters were small

firms.

C. Paperwork Reduction Act

.The information collection

requirements contained in this rule have

been approved by 0MB under the

provisions of the Paperwork Reduction

Act (44 U.S.C. 3501 et seq.), and have

been assigned OMB control number

207-0012.

Public reporting burden for this

collection of information is estimated to

vary from 30 to 170 hours per response,

with an average of 100 hours per

response, including time for reviewing

instructions, searching existing data

sources, gathering and maintaining the

data needed, and completing and

reviewing the collection of information.

Send comments regarding the burden

estimate or any other aspect of this

collection of information, including

suggestions for reducing this burden, to

Chief, Information Policy Branch, PM223, U.S. Environmental Protection

Agency, 401 M St., SW., Washington. DC

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20460; and to Office of Management and

Budget, Paperwork Reduction Project

(2070-0012), Washington. DC 20503.

List of Subjects in 40 CFR Part 721

Chemicals, Environmental protection,

Hazardous materials, Reporting and

recordkeeping requirements, Significant

new uses.

Dated: June 13, 1990.

Victor 1. Kimm,

Acting Assistant Administrator for Pesticides

and Toxic Substances.

Therefore, 40 CFR part 721 is amended

as follows:

PART 721-[AMENDED]

1. The authority citation for part 721

continues to read as follows:

Authority- 15 U.S.C. 2604 and 207.

2. By adding new § 721.291 to subpart

E to read as follows:

§ 721.291 Monosubstltuted

alkoxyaminotrazines (generic name).

(a) Chemical substances and

significant new uses subject to

reporting. (1) The chemical substance

monosubstituted alkoxyaminotrazines

(PMN P-86-1043) is subject to reporting

under this section for the significant new

uses described in paragraph (a)(1)(i) of

this section.

(i) The significant new uses are:

(A) Protection in the workplace.

Requirements as specified in

§ 721.63(a)(1) and (a)(3), (b)

[concentration set at 0.1 percent], and

(c).

(B) Hazard communication program.

Requirements as specified in

J 721.72(b)(2), (d), (e) [concentration set

at 0.1 percent], (f), and [g)(1)(iv),

(g)(1)(vii), and (g)(1)(viii), (g)(2)(i) and

(g)(2(v), (g)(4)(xi), and (g)(5). The

provisions of J 721.72(d) requiring

employees to be provided with

information on the location and

availability of a written hazard

communication program and MSDSs do

not apply when the written program and

MSDS are not required under § 721.72(a)

and (c), respectively. The provision of

I 721.72(g) requiring placement of

specific information on a MSDS does

not apply when a MSDS in not required

under § 721.72(c).

(C) Industrial, commercial, and

consumer activities. Requirements as

specified in § 721.80(k).

(D) Disposal. Requirements as

specified in J 721.85(a)(1) and (a)(2) and

{b)(1).and (b)(2).

(E) Release to, water. Requirements as

specified in J 721.90(a)(4)}[concern level

-of 10 ppbl, (b)(4) [concern level of 10

ppbj, and: (c)(4)[concern level. of 10 ppb].

(ii) [Reserved]

(2) The chemical substance

monosubstituted alkoxyaminotrazines

(PMN P-86-4044) is subject to reporting

under this section for the significant new

uses described in paragraph (a)(2)(i) of

this section.

(i) The significant new uses are:

(A) Protection in the workplace.

Requirements as specified in

§ 721.63(a)(1), (a)(3), (a)(4), (a)(5)(iii)

through (a)(5)(vii), and (a)(6)(i), (b)

[concentration set at 0.1 percent], and

(c).

(B) Hazard communication program.

Requirements as specified in

§ 721.72(b)(2), (d), (e) [concentration set

at 0.1 percent], (f), and (g)(1)(iv), {g}{1]{vii}, and (}{1}{viii}, (}{2}{0),

(g)(2)(ii), (g)(2)(iv), and (g)(2)(v),

(g)(4)(xi), and (5). The provisions of

§ 721.72(d) requiring employees to be

provided with information on the

location and availability of a written

hazard communication program and

MSDSs do not apply when the written

program and MSDS are not required

under § 721.72(a) and (c), respectively.

The provision of § 721.72(g) requiring

placement of specific information on a

MSDS does not apply when a MSDS in

not required under § 721.72(c).

(C) Industrial, commercial, and

consumer activities. Requirements as

specified in § 721.80(k).

(D) Disposal. Requirements as

specified in § 721.85 (a)(1) and (a)(2) and

(b)(1) and (b)(2).

(E) Release to water. Requirements as

specified in § 721.90(a)(4) Iconcern level

of 1 ppb], (b)(4)[concern level of 1 ppb],

and (c)(4)[concern level of I ppb.

(ii) [Reserved

(b) Specific requirements. The

provisions of subpart A of this part

apply to this section except as modified

by this paragraph.

(1) Recordkeeping. The following

recordkeeping requirements are

applicable to manufacturers, importers,

and processors of this substance, as

specified in § 721.125(a) through (k).

(2) Limitations or revocation of

certain notification requirements. The

provisions of § 721.185 apply to this

significant new use rule.

(3) Determining whether a specific

use is subject to this section. The

provisions of § 721.575(b)(1) apply to

this section.

(Approved by the Office of Management and

Budget under OMB control number 2070-

0022)

.3. By adding new J 721.617 to subpart - E to read as follows: :: .

§ 721.617 Boric acid, alkyl and substituted

alkyl esters (generic name).

(a) Chemical substance and

significant new uses subject to

reporting. (1) The chemical substance

boric acid, alkyl and substituted alkyl

esters (PMN P-86-1252) is subject to

reporting under this section for the

significant new uses described in

paragraph (a)(2) of this section.

(2) The significant new uses are:

(i) Protection in the workplace.

Requirements as specified in

§ 721.63(a)(1) and (a](3), (b)

[concentration set at 0.1 percent], and

(c).

(ii) Hazard communication program.

Requirements as specified in § 721.72(d),

(e) [concentration set at 0.1 percent], (f), and [g}{1)(i), (g}(1){iv}, {g){1){vii),

(g)(1](viii), and (g)(1)(ix), (g)(2)(i) and

(g)(2)(v), (g)(4)(i) and (g)(4)(iii), and

(g)(5). The provisions of § 721.72(d)

requiring employees to be provided with

information on the location and

availability of a written hazard

communication program and MSDSs do

not apply when the written program and

MSDS are not required under § 721.72(a)

and (c), respectively. The provision of

§ 721.72(g) requiring placement of

specific information on a MSDS does

not apply when a MSDS was not

required under § 721.72(c).

(iii) Industrial, commercial, and

consumer activities. Requirements as

specified in § 721.80(k).

(iv) Disposal. Requirements as

specified in § 721.85(a)(1) and (b)(1).

(v) Release to water. Requirements as

specified in J 721.90(a)(3), (b)(3), and

(c)(3).

(b) Specific requirements. The

provisions of subpart A of this part

apply to this section except as modified

by this paragraph.

(1) Recordkeeping. The following

recordkeeping requirements are

applicable to manufacturers, importers,

and processors of this substance, as

specified in § 721.125(a) through (k).

(2) Limitations or revocation of

certain notification requirements. The

provisions of § 721.185 apply to this

significant new use rule.

' (3) Determining whether a specific

use is subject to this section. The

provisions of § 721.575(b)(1) apply to.

this section.

(Approved by the Office of Management and

Budget under OMB control number 2070-

0022)

4. By adding new § -721.782 to subpart

E to read as follows: -

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§ 721.782 Aromatic diamines (generic

name).

(a) Chemical substances and

significant new uses subject to

reporting. (1) The chemical substances

aromatic diamines (PMN P-86-501 and

P-88-503) are subject to reporting under

this section for the significant new uses

described in paragraph (a)(2) of this

section.

(2) The significant new uses are:

(i) Protection in the workplace.

Requirements as specified in

§ 721.63(a)(1), (a)(3), (a)(4), (a)(5)(iv)

through (a)(5)(xv), (a)(6)(i) and (a)(6}{ii),

(b) [concentration set at 0.1 percent],

and (c).

(ii) Hazard communication program.

Requirements as specified in § 721.72(a),

(b)(2), (c), (d), (e] [concentration set at

0.1 percent], (f), (g)(1)(iv), (g)(1)(vii),

(g)(2)(i), (g)(2}{ii), (g)(2)(iv). (g)(2)(v) and

(g)(5).

(iii) Industrial, commercial, and

consumer activities. Requirements as

specified in § 721.80(k).

(iv) Disposal. Requirements as

specified in § 721.85 (a)(1) and (a)(2),

(b)(1) and (b)(2), and (c)(1) and (c)(2).

(v) Release to water. Requirements as

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

and (c)(2}(vi).

(b) Specific requirements. The

provisions of subpart A of this part

apply to this section except as modified

by this paragraph.

(1) Recordkeeping. The following

recordkeepin requirements are

applicable to manufacturers, importers,

and processors of this substance, as

specified in § 721.125(a) through (k).

(2) Limitations or revocation of

certain notification requirements. The

prdvisions of J 721.185 apply to this

significant new use rule.

(3) Determining whether a specific

use is subject to this section. The

provisions of § 721.575(b)(1) apply to

this section.

(Approved by the Office of Management and

Budget under OMB control number 2070-

0012)

5. By adding new § 721.818 to subpart

E to read as follows:

§ 721.818 Dlmer acids, polymer with

polyalkylene glycol, blapbeno A-dlglycldyl

ether, and al Wklmepolyote polyglyclVy

ethers (generic name).

(a) Chemical substance and

significant new uses subject to

reporting. (1) The chemical substance

dimer acids, polymer with polyalkylene

glycol. bisphenol A-diglycidyl ether, and

alkylenepolyols polyglycidyl ethers

(PMN P-46--28) is subject to reporting

under this section for the significant new

-uses described in paragraph (a)(2) of

this section.

(2) The significant new uses are:

(i) Protection in the workplace.

Requirements as specified in

§ 721.63(a)(1) and (a)(3), (b)

[concentration set at 0.1 percent], and

(c].

(ii) Hazard communication program..

Requirements as specified in

§ 721.72(b)(2), (c), (d), (e) [concentration

set at 0.1 percent], (f), and (g)(1)(vi) and

(g)(1)(vii), (g)(2)(i) and (g)(2)(v), (g)(4)(i),

and (g)(5). The provision of § 721.72(d)

requiring that employees be provided

with information on the location and

availability of MSDSs does not apply

when a MSDS was not required under

§ 721.72(c).

(iii) Industrial, commercial, and

consumer activities. Requirements as

specified in § 721.80(k) and (y).

(iv) Disposal. Requirements as

specified in § 721.85(a)(1) and (a)(2) and

(b)(1) and (b)(2).

(b) Specific requirements. The

provisions of subpart A of this part

apply to this section except as modified

by this paragraph.

(1) Recordkeeping. The following

recordkeeping requirements are

applicable to manufacturers, importers,

and processors of this substance, as

specified in § 721.125(a) through (i).

(2) Limitations or revocation of

certain notification requirements. The

provisions of § 721.185 apply to this

significant new use rule.

(3) Determining whether a specific

use is subject to this section. The

provisions of § 721.575(b)(1) apply to

this section.

(Approved by the Office of Management and

Budget under OMB control number 2070-

0012)

6. By adding new § 721.853 to subpart

E to read as follows:

§ 721.853 Alkylated diphenyl oxide

(generic name

(a) Chemical substance and

significant new uses subject to

reporting. (1) The chemical substance

alkylated diphenyl oxide (PMN P-84-

1079) is subject to reporting under this

section for the significant new uses

described in paragraph (a)(2) of this

section.

(2) The significant new uses are:

(i) Protection in the workplace.

Requirements as specified in

§ 721.63(a)(1) and (a)(3). (b)

[concentration set at 1.0 percent], and

(c). • (ii) Hazard communication program.

Requirements as specified in

'I 721.72(b)(2). (c), (d), (e) [concentration

set at 1.0 percent], (f), and (g)(1)(vi) and

(g)(1)(ix, (gs2J(i) and (g)(2)(v), and

(g)(5). The provision of I 721.72(d)

requiring that employees be provided

with information on the location and

availability of MSDSs does not apply

when a MSDS was not required under

§ 721.72(c).

(iii) Industrial, commercial, and

consumer activities. Requirements as

specified in § 721.80(g). The term

intermediate as used in § 721.80(g) is

defined as intermediate for a sulfonated

product to be used on site to

manufacture sulfonated surfactants or

as a product sold to others as a raw

material to make sulfonated surfactants.

(iv) Release to water. Requirements as

specified in § 721.90(a)(3), (b)(3), and

(c)(3).

(b) Specific requirements. The

provisions of subpart A of this part

apply to this section except as modified

by this paragraph.

(1) Recordkeeping. The following

recordkeeping requirements are

applicable to manufacturers, importers,

and processors of this substance, as

specified in § 721.125(a) through (k).

(2) Limitations or revocation of

certain notification requirements. The

provisions of § 721.185 apply to this

significant new use rule.

(3] Determining whether a specific

use is subject to this section. The

provisions of § 721.575(b)(1) apply to

this section.

(Approved by the Office of Management and

Budget under OMB control number 2070-

0012)

7. By adding new § 721.1078 to subpart

E to read as follows:

§721.1078 Haloalkyl substituted cyclic

ethers.

(a) Chemical substance and

significant new uses subject to

reporting. (1) The chemical substances

haloalkyl substituted cyclic ethers (PMN

P-W8-3 and P-85-369) are subject to

reporting under this section for the

significant new uses described in this

paragraph.

(i) The significant new uses are*

(A) Protection in the workplace.

Requirements as specified in

§ 721.63(a)(1), (a)(3), (a)(4), (a)(5)(i),

(a)(5)(ii), (a)(5)(iii) and (a)(6)(v) and

(a)(6)(vi), (b) [concentration set at 1.0

percent], and (c). I (B) Hazard communication program.

Requirements as specified in § 721.72(a),

(d), (e) [concentration set at 1.0 percent], (f}, and (g)(1]{iii), (g][2]{i), (g){2)(ii),

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

provision of § 721.72(d) requiring that

employees be provided with information

on the location and availability of

-MSDSs does not apply when a MSDS

was not required under § 721.72(c). The

provisions of I 721.72(g) requiring

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.26110 Federal Register /. Vol... 55, No. 123. / Tuesday,June 26, i990 I Rules-and Regulations.

placement of specific information on a

label and MSDS do not apply when a

label and MSDS are not required under

§ 721.72(b) and (c). respectively.

(C) Industrial, commercial, and

consumer activities. Requirements as

specified in § 721.80(k).

(D) Disposal. Requirements as

specified in § 721.85(a)({) and (a)(2),

(b)(1) and (b)(2), and (c)(1) and (c)(2).

. (ii) Specific requirements. The

provisions of subpart A of this part

apply to this section except as modified

by this paragraph.

(A) Recordkeeping. The following

recordkeeping requirements are

applicable to manufacturers,importers,

and processors of the substances, as

specified in I 721.125(a) through (k).

(B) Limitations or revocation of

certain notification requirements. The

provisions of § 721.185 apply to this.

significant new use rule.

(C) Determining whether a specific

use is subject to this section. The

provisions of § 721.575(b)(1) apply to

this section.

(2) The chemical substance haloalkyl

substituted cyclic ether (PMN P--85-367)

is subject to reporting under this section

for the significant new uses described in

this paragraph.

(i) The significant new uses are:

(A) Protection in the workplace.

Requirements as specified in. :

J 721.63(a)(1), (a)(3)*, (a)(4), .(a)(5)(i),

(a)(5)(ii), (a)(5)(iii),and (a)(6)(v) and'

(a)(6)(vi), (b] [concentration set at 0.1

percent), and (c).

(B) Hazard communication program.

Requirements as specified in § 721.72(a),

(d), (a) [concentration set at 0.1 percent], (f), and {g)(1){iii), (g}(1)[vii), (8)(2)(i),

(g)(2)(ii), (g)(2)(iv) and (g)(2)(v), and

(g)(5). The provision of § 721.72(d)

requiring that employees be provided

with information on the location and

availability of MSDSs does not apply

when a MSDS was not required under

§ 721.72(c). The provisions of J 721.72(g)

requiring placement of specific

information on a label and MSDS do not

apply when a label and MSDS are not

required under § 721.72(b) and (c),.

respectively.

(C) Industrial, commercial, and

consumer activities. Requirements as

specified in § 721.80(k).

(D) Disposal. Requirements as

specified in § 721.85(a)(1), (a)(2), (b)(1)

and (b)(2), and (c)(1) and (c)(2).

(ii) Specific requirements. The

provisions of subpart A of this part

apply to this section except as modified

by this paragraph.

(A) Recordkeeping. The following

recordkeeping requirements are

applicable to manufacturers, importers,

and processors of this substance, as

specified in 6 721.125(a) through (k).

(B) Limitations or revocation of

certain notification requirements. The

provisions of § 721.185 apply to this

significant new use rule.

(C) Determining whether a specific

use is subject to this section. The

provisions of § 721.575(b)(1) apply to

this section.

(b) [Reserved]

(Approved by the Office of Management and

Budget under OMB control number 2070-

012):

8. By adding new J 721.1460 to subpart

E to read as follows:

§ 721.1460 Naphthailene,1 ,Z34- tetrahydro(l-phenykethyl) (specifi name).

(a) Chemical substance and

significant new uses subject to

reporting. (1) The chemical substance

naphthalene,1,2,3,4-tetrahydro(1- , phenylethyl) (PMN P-85-1331) is subject

to reporting under this section for the

significant new uses described in

paragraph (a)(2) of this section.

(2) The'significant new uses are:.

(i) Hazard communication program.

Requirements as specified in -

§ 72172(b)(2); (c), (e) [concentration set

at 1.0 percent], (f), and (g)(3)(i) and -

[g)(3)[ii), (g)(4)[i) and (g)(4)(iii), and

(g)(5)..

(ii) Industrial, commercial; and

consumer activities. Requirementsi as

specified in 1 721.80(k).

(iii) Disposal. Requirements as

specified in § 721.85(a)(1) and (2), (b)(1)

and (b](2), and (c](1) and (c)(2).

(v) Release to water. Requirements as

specified in I 721.90(a)(1), (b)(1), and

(c)(1).

(b) Specific requirements. The

provisions of subpart A of this part

apply to this. section except as modified

by this paragraph.

-(I) Recordkeeping. The following

recordkeeping requirements are.

applicable to manufacturers, importers,

and processors of this substance, as

specified in § 721.125(a) through (k).

(2) Limitations or revocation of

certain notification requirements. The

provisions of J 721.185 apply to this

significant new use rule.

(3) Determining whether a specific

use is subject to this section. The

provisions of J 721.575(b)(1) apply to

this section.

(Approved by the Office of Management and

Budget under OMB control number 2070-

0012)

9. By adding new § 721.1465 to subpart

E to read as follows:

I 721.146S 2-Napthalenecarboxamlde-Naryi-3-hydroxy-44rylazo (generic name).

(a) Chemical substance and

significant new uses subject to

reporting. (1) The chemical substance 2-

naphthalenecarboxamide-N-aryl-3-

hydroxy-4-arylazo (PMN P-87-1265) is

subject to reporting under this section

for the significant new uses described in'

paragraph (a)(2) of this section.

(2) The significant new uses are:

(i) Protection in the Workplace.

Requirements as specified in

§ 72?163(a)(4), (a)(5)(iii) through

(a)(5)(vi), and (a)(6)(i), (b)

[concentration set at 0.1 percent], and

(c).

(ii) Hazard communication program.

Requirements as specified in § 721.72(a),

(b),(c), (d), (e) [concentration set at 0.1

percent], (f), and (g)(i)(i), (g)(1)(v), and

(g)(1)[vii), and (g)(2)(ii) and (g)(2)(i:,).

(iii} Industrial commercial, and

consumer activities. Requirements as

specified in § 721.80(k).

(b) Specific requirements. The

provisions of subpart A of this part

apply'to this section except as modified

by this paragraph.

(1) Recordkeeping. The following

recordkeeping requirements are

applicable to manufacturers, importers,

and processbos of this substance, as

specified in § 721.125(a) through (i). ( {2)*Limitations or revocation of

!certain notification requirements. The'

provisions of § 721.185 apply to this

significant new use rule. I .

(3) Determining whether a specific.

use is subject to this section. The

provisions of § 721.575(b)(1) apply to

this section.

(Approved by the. Office of Management and

Budget under OMB control number 2070-

0012)

10. By adding new § 721.1488 to

subpart E to read as follows:

•721.1488 Nitrothlophenecarboxyllc acid,. ethyl ester, bis[[[l(eubstltuted)]aminoa

Ikylphenyllazo] (generic name).

(a) Chemical substance and

significant new uses subject to

reporting. (1) The chemical substance

nitrothiophenecarboxylic acid, ethyl

ester, bis[[[[(substituted]]amino]a

Ikylphenyllazo] (PMN P-87-304) is

subject to reporting under this section

for the significant new uses described in

paragraph (a)(2) of this section.

(2) The significant new uses are:

(i) Industrial, commercial, and

consumer activities. Requirements as

specified in I'721.80(f), (k), (v)(1), (w)(1),

and (x](1).

(ii) [Reserved]

(b). Specific requirements. The

provisions of subpart A of this part.

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apply to this section except as modified

by this paragraph.

(1) Recordkeeping. The following

recordkeeping requirements are

applicable to manufacturers, importers.

and processors of this substance, as

specified in § 721.125(a), (b), and (c).

(2) Limitations or revocation of

certain notification requirements. The

provisions of § 721.185 apply to this

significant new use rule.

(3) Determining whether a specific

use is subject to this section. The

provisions of § 721.575(b)(1) apply to

this section.

(Approved by the Office of Management and

Budget under OMB control number207,0-

0012)

. 11. By adding new § 721.1542 to

subpart E to read as follows:,

§721.1542 Trisubstituted phenol (generic

name).

(a) Chemical substance and

significant new uses subject to

reporting. (1) The chemical substance

trisubstituted phenol (PMN P-85--05) is

subject to reporting under this section

for the significant new uses described in

paragraph (a)(2) of this section.

(2) The significant new uses are:

(i) Protection in the workplace.

Requirements as specified in

§ 721.63(a)(1), (a)(3), (a)(4), (a)(5)(iii)

through (a)(5)(vii) and (a)(6(i), (b)

[concentration set at 0.1 percent], and

(c).

(ii) Hazard communication program.

Requirements as specified in § 721.72(a),

(d). (e) [concentration set at 0.1 percent].

(f), (g)(1)(vii), and (g)(2)(i), (g)(2)(ii),

(g)(2)(iv), and (g)(2)(v). The provision of

§ 721.72(d) requiring that employees be

provided with information on the '

location and availability of MSDSs does

not apply when a MSDS was not

required under § 721.72(c). The

provisions of § 721.72(g) requiring

placement of specific information on a

label and MSDS do not apply when a

label and MSDS are not required under

§ 721.72(b) and (c), respectively.

(iii) Industrial, commercial, and

.consumer activities. Requirements as

specified in § 721.80(k).

(b) Specific requirements. The

provisions of subpart A of this part

apply to this section except as modified

by this paragraph.

(1) Recordkeeping. The following

recordkeeping requirements are

applicable to manufacturers, importers.

and processors of this substance, as

specified in § 721.125(a) through (i).

(2) Limitations or revocation of

certain notification requirements. The

provisions of § 721.185 apply to this

significant new use rule.

(3) Determining whether a specific

use is subject to this section. The

provisions of § 721.575(b)(1) apply to

this section.

(Approved by the Office of Management and

Budget under 0MB control number 2070-

0012)

12. By adding new § 721.1560 to

subpart E to read as follows:

§ 721.1560 1,1-Dlmethylpropyl

peroxyester (generic name).

(a) Chemical substance and

significant new uses subject to

reporting. (1) The chemical substance

1,1-dimethylpropyl peroxyester (PMN P85-680) is subject to reporting under this

section for the significant new uses

described in paragraph (a)(2) of this

section.

(2) The significant new uses are:

(i) Protection in the workplace.

Requirements as specified in

§ 721.63(a)(1), (a)(3), (a)(4), (a)(5)(i), and

(a)(6)(v), (b) [concentration set at 0.1

percent], and (c).

(ii) Hazard communication program.

Requirements as specified in § 721.72(a),

(b)(2), (c), (d), (e) [concentration set at

0.1 percent], (f), and (g)(1)(vii). (g)(2)(i),

(g)(2)(ii), (gJ(2)(iv), and (g)(2)(v), and

(g)(4)(i).

(iii) Industrial, commercial, and

consumer activities. Requirements as

specified in § 721.80(k).

(iv) Disposal. Requirements as

specified in § 721.85(a)(3) and (b)(3).

(b) Specific requirements. The

provisions of subpart A of this part

apply to this section except as modified

by this paragraph.

(1) Recordkeeping. The following

recordkeeping requirements are

applicable to manufacturers, importers,

and processors of this substance, as

specified in § 721.125(a) through (k).

(2) Limitations or revocation of

certain notification requirements. The

provisions of § 721.185 apply to this

significant new use rule.

(3) Determining whether a specific

use is subject to this section. The

provisions of § 721.575(b)(I) apply to

this section.

(Approved by the Office of Management and

Budget under OMB control number 2070-

0012)

13. By adding new § 721.1565 to

subpart E to read as follows:

§ 721.1565 Substituted alkyl

peroxyhexane carboxylate (mixed Isomers)

(generic name).

(a) Chemical substance and

significant new uses subject to

reporting. (1) The chemical substance

substituted alkyl peroxyhexane

carboxylate (mixed isomers) (PN0-86-

1493) is subjc,t to reporting under this

section for the significant new uses

described in paragraph (a)(2) of this

section.

(2) The significant new uses are:-

(i) Protection in the workplace.

Requirements as specified in

§ 721.63(a)(1) and (a)(3), (b)

[concentration set at 0.1 percent], and

(c).

(ii) Hazqrd communication program.

Requirements as specified in § 721.72(a),

(b)(2), (c), (d), (e) [concentration set at

0.1 percent], (f), and (g)(1](i) and

(g)(1)(vii), (g)(2)(i) and (g)(2](v), and

(g)(4)(i).

(iii) Industrial, commercial, and

consumer activities. Requirements as

specified in § 721.80(k).

(iv) Disposal. Requirements as

specified in § 721.85(a)(1) and (a)(2) and

(b)(1) and (b)(2).

(v) Release to water. Requirements as

specified in § 721.90(a)(4) [concern level

of 5 ppb], (b)(4) [concern level of 5 ppb],

and (c)(4) [concern level of 5 ppb].

(b) Specific requirgments. The

provisions of subpart-A of this part

apply to this section except as modified

by this paragraph.

(1) Recordkeeping. The following

recordkeeping requirements are

applicable to manufacturers, importers,

and processors of this substance, as

specified in § 721.125(a) through (k).

(2) Limitations or revocation of

certain notification requirements. The

provisions of § 721.185 apply to this

significant new use rule.

. (3) Determining whether a specific

use is subject to this section. The

provisions of § 721.575(b)(1) apply to

this section.

(Approved by the Office of Management and

Budget under OMB control number 2070-

0012)

14. By adding new § 721.1608 to

subpart E to read as follows:

§ 721.1608 Phosphonium salt (generic

name).

(a) Chemical substance and

significant new uses subject to

reporting. (1) The chemical substance

phosphonium salt (PMN Number P-84-

820) is subject to reporting under this

section for the significant new uses

described in paragraph (a)[2) of this

section.

(2) The significant new uses are:

(i) Protection in the workplace.

Requirements as specified in

§ 721.63(a)(1) and (a)(3), (b)

[concentration set at 1.0 percent], and

(c).

(ii) Hazard communication program.

Requirements as specified in § 721.72(a).

(d), (e) [concentration set at 1.0 percent],

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(f), and (g)(1{iii) and (g)(2)(i) and

(g)(2}{v). The provision of § 721.72(d)

requiring that employees be provided

with information on the location and

availability of MSDSs does not apply when a MSDS was not required under

§ 721.72(c). The provisions of § 721.72(g)

requiring placement of specific

information on a label and MSDS do not

apply when a label and MSDS are not

required under § 721.72(b) and (c),

respectively.

(iii) Industrial, commercial, and

consumer activities. Requirements as

specified in § 721.80(k).

(b) Specific requirements. The

provisions of subpart A of this part

apply to this section except as modified

by this paragraph.

(1) Recordkeeping. The following recordkeeping requirements are

applicable to manufacturers, importers,

and processors of this substance, as

specified in § 721.125(a) through (i),

(2) Limitations or revocation of

certain notification requirements. The

provisions of § 721.185 apply to this

significant new use rule.

(3) Determining whether a specific

use is subject to this section. The

provisions of § 721.575(b)(1) apply to

this section.

(Approved by the Office of Management and

Budget under OMB control number 2070-

0012)

15. By adding new § 721.2180 to

subpart E to read as follows:

§ 721.2180 Substituted thiazino hydrazine

salt (generic name).

(a) Chemical substance and

significant new uses subject to

reporting. (1) The chemical substance

substituted thiazino hydrazine salt

(PMN P-88-63) is subject to reporting

under this section for the significant new

uses described in paragraph (a)(2) of

this section.

(2) The significant new uses are:

(i) Protection in the workplace.

Requirements as specified in

§ 721.63(a)(1), (a)(3), (a)(4), (a)f5](iii)

through (a)(5)(vii), and (a)(6)(i), (b)

[concentration set at 0.1 percent], and

(c).

(ii) Hazard communication program.

Requirements as specified in § 721.72(a),

(b)(2), (c), (d), (e) [concentration set at

0.1 percent], (f), and (g)(1)(iv) and [g}(1}[vii), (g)(2)[i}, [g}[2}[ii}, [g}[2}[iv},

and (g)(2)(v), (g)(4)(i), and (g)(5).

(iii) Industrial, commercial, and

consumer activities. Requirements as

specified in § 721.80(g) and (1).

(iv) Disposal. Requirements as

specified in § 721.85(a)(1) and (a)(2) and

(b)(1) and (b)(2).

(b) Specific requirements. The

provisions of subpart A of this part

apply to this section except as modified

by this paragraph.

(1) Recordkeeping. The following

recordkeeping requirements are

applicable to manufacturers, importers,

and processors of this substance, as

specified in § 721.125(a) through (i).

(2) Limitations or revocation of

certain notification requirements. The

provisions of § 721.185 apply to this

significant new use rule.

(Approved by the Office of Management and

Budget under OMB control number 2070-

0012)

16. By adding new § 721.2500 to

subpart E to read as follows:

§ 721.2500 Polyamlne ureaformaldehyde

condensate (specific name).

(a) Chemical substance and

significant new uses subject to

reporting. (1) The chemical substance

polyamine ureaformaldehyde

condensate (PMN P--87-1456) is subject

to reporting under this section for the

significant new uses described in

paragraph (a)(2) of this section.

(2) The significant new uses are:

(i] Release to water. Requirements as

specified in § 721.90(a)(4) [concern level

of 1 ppb], (b)(4) [concern level of I ppb],

and (c)(4) [concern level of I ppb].

(ii) [Reserved]

(b) Specific requirements. The

provisions of subpart A of this part

apply to this section except as modified

by this paragraph.

(1) Recordkeeping. The following

recordkeeping requirements are

applicable to manufacturers, importers,

and processors of this substance, as

specified in § 721.125(a), (b), (c), and (k).

(2) Limitations or revocation of

certain notification requirements. The

provisions of § 721.185 apply to this

significant new use rule.

(Approved by the Office of Management. and

Budget under OMB control number 2070-

0012)

[FR Doc. 90-14795 Filed 6-25-90- 8:45 am]

BILUNG CODE 6560-SO-C

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