# ORIGINAL SIGNIFICANT NEW USE RULE FOR PREMANUFACTURE NOTICE (PMN) P-85-0680

55 FR 26102 June 26, 1990

ORIGINAL DOCKET OPTS-50577

### 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) Chemicalsubstancesand 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) ofthis 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 ofthis 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] Limitationsorrevocationof certainnotificationrequirements. The provisions of § 721.185 apply to this section.

(3) Determiningwhethera specific

use is subject to thissection.The provisions of 

### § 721.575(b)(1) apply to this section. (Approved by the Office ofManagement 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) Chemicalsubstanceand significant new usessubjectto 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

consumeractivitiesRequirements 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)Limitationsorrevocationof certainnotificationrequirements. The provisions of § 721.185 apply to this significant new use rule. (Approved by the Office ofManagement 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 substancesand significant new uses subjectto 

### 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 ifinhaled orin 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 ofMSDSs 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)Industrialcommercial, and

consumeractivities. Requirements as specified in 

### 1 721.80 0).

(b) Specific requirements.The provisions of subpart A ofthis 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) Limitationsorrevocationof certainnotificationrequirements. The provisions of 

### § 721.185apply to this section. (Approved by the Office ofManagement 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.

IfEPA 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 ofintent 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 ofcomments

on this rule will be placed in the

- , rulemaking record and will be available for public inspection. Unit VI ofthis preamble contains additional information on inquiries involving CBI. 

### 26102

HeinOnline -- 55 Fed. Reg. 26102 1990

### 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 ofToxic 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 ofApril 24. 1990 (55FR 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) ofTSCA (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 ofa chemical substance is a significant new use, section 5(a)(1)(B) ofTSCA requires
persons to submit a notice to EPA at least 90 days before they manufacture, import, orprocess the substance for that

use. The mechanism for reporting under this requirement is established under 40 CFR 721.10.

IL Applicability ofGeneral Provisions

General provisions for SNURs appear under subpart A of40 CFR part 721. These provisions describe persons subject to the rule, recordkeeping requirements, exemptions to reporting requirements, and applicability ofrule 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) ofTSCA. 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. IfEPA 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 ofTSCA 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 ofthe 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, EPAprovides 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 ofthe 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 ofthese substances except P.- 87-304 and P-87-1456) provide an exemption from such provisions ifthe 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 ofthe 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, oruse to a specific site or sites based on a determination that the substance may present ecotoxicity or human health

concerns ifreleased at concentrations above a certain concern level, and that

use at alternative sites could result in releases above such level. In these
cases, EPAhas 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 dateof section 5(elconsent order December 10, 1984. Basis forsection5(e) consentorer. The Order was issued under section 5(e)(1)(A)(i) and (ii)(l1 ofTSCA based on
a finding that this substance may present an unreasonable risk ofinjury to health. Toxicityconcerns:This substance may be neurotoxic. Recommendedtesting:A 28-day repeated exposure study to characterize neurotoxicity of the substance. The duration ofrecommended 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. | 

### 26193

HeinOnline -- 55 Fed. Reg. 26103 1990

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

Effective dateof section5(e) consent orderApril 17, 1985. Basis forsection5(e) consentorder. The Order was issued under section 5(e)(1)(A)(i) and (ii)W ofTSCA based on
a finding that this substance may present an unreasonable risk of injury to health. Toxicityconcerns: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 ofthe substance. Ecotoxicity tests have not been specified. Rationale forusingSNUR reporting triggers notmatchedin 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. CFRcitation:40 CFR 721.853.
PMN Number P-85-367
Chemical name:Haloalkyl substituted cyclic ethers (generic name). CAS number. Not assigned. Effective dateof section5(e)consent orderJanuary 17, 1986. Basis forsection5(e) consentorder The Order was issued under section 5(e)(1)(A)(i) and (ii)(1) ofTSCA based on
a finding that this substance may present an unreasonable risk ofinjury to health. Toxicityconcerns:. 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. CFRcitation:40 CFR 721.1078.

PMN Number P-5--368
Chemical name:Haloalkyl substituted cyclic ethers (generic name). CASnumbeR Not assigned. Effective dateof section 5(e) consent order January 17, 1988.. Basis forsection5(e) consentorder The Order was issued under section 5(e)(1)(A)(i); and (ii)() of TSCAbased on
a finding that this substance may present an unreasonable risk of injury to health. Toxicityconcerns: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. CFRcitation: 40 CFR 721.1078.
PMN Number P-85-369
Chemical name:Haloalkyl substituted cyclic ethers (generic name). CAS numberNot assigned. Effective dateof section5(e) consent order. January 17,1986. Basis forsection5(e) consentorder. The Order was issued under section 5(e)(1)(A)(i) and (ii)(I) ofTSCA based on

a finding that this substance may present an unreasonable risk ofinjury to health. Toxicity concerns:Animal tests have shown this substance to cause damage to the central nervous system. Recommendedtesting:The 90-day -subchronic inhalation study on P-85-367 is sufficient to evaluate the potential neurotoxicity to this substance due to analogous structure. CFRcitation: 40 CFR 721.1078.
PMN Number P-85-605
Chemical name:Trisubstituted phenol (generic name). CAS number:Not assigned. Effective dateof section5(e) consent order. July 25, 1985. Basis forsection5(e) consentorder. The Order was issued under section 5(e)(1)(A)(i) and (ii)(1) ofTSCA based on
a finding that this substance may present an unreasonable risk ofinjury to health. Toxicity concerns:Similar substances have been shown to cause cancer in test animals. Recommendedtesting:A 2-year rodent bioassay to help characterize possible carcinogenicity of the substance. CFRcitation:40 CFR 721.1542.
PMN Number P-85-680
Chemical name: 1,1-Dimethylpropyl peroxyester (generic name). CAS number Not assigned. Effective dateof section5(e) consent order. January 30, 1986. Basis forsection5(e) consentorder. The Order was issued under section 5(e)(1)(A)(i) and (ii)(I} ofTSCA 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 ofthe substance. CFR citation:40 CFR 721.1560.
PMN Number P-85-1331
Chemical name:Naphthalene,1,2,3,4- tetrahydro(1-phenylethyl) (specific name).
CASnumber. Not assigned. Effective dateofsection5(e) consent order. April 15, 1987. Basis forsection5(e) consentorder. The Order was issued under section 5(e)(1)(A)(i) and (ii)(1) ofTSCA based on
a finding that this substance may present an unreasonable risk ofinjury to the environment. Toxicity concerns:Similar substances have been shown to be toxic to aquatic organisms. Recommendedtesting:A daphnid test and fish early life stage study would help characterize possible effects ofthis substance on aquatic organisms. CFRcitation:40 CFR 721.1460.
PMN Number P-86-501

Chemical name:Aromatic diamines (generic name).
CASnumber Not available. Effective dateof section 5(e) consent order. March 2, 1988. Basis forsection5(e) consentorderThe 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. Recommendedtesting: A 2-year bioassay would help characterize the possible carcinogenic effects ofthe substance. CFRcitation:40 CFR 721.782.
PMN Number P-86-503

Chemical name:Aromatic diamines (generic name).
CASnumber: Not available. Effective dateofsection5(e) consent order March 2, 1988. Basis forsection5(e) consentorder. The Order was issued under section 5(e)(1)(A)(i) and (ii)(I) ofTSCA based on
a finding that this substance may present an unreasonable risk ofinjury to health. Toxicityconcerns: Similar chemicals have been shown to cause cancer, hepatotoxicity, and retinopathy in test animals. Recommendedtesting:A 2-year bioassay would help characterize the

HeinOnline -- 55 Fed. Reg. 26104 1990

### Federal Register / Vol. 55, No. 123 / Tuesday, June 

### 26, 1990 / Rules and Regulations

possible carcinogenic effects ofthe 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 dateofsection5(e) consent orderNovember 13, 1988. Basis forsection5(e) consentorderThe Order was issued under section 5(e)[1)(A)(i) and (ii)(I) ofTSCA based on

a finding that this substance may present an unreasonable risk ofinjury 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

Chemicalname:Monosubstituted alkoxyaminotrizines (generic name).
CAS number. Not assigned. Effective dote ofsection5(e) consent order. January 9, 1987. Basis forsection5(e) consentorderThe Order was issued under section 5(e)(1)(A)(i) and (ii)(I) ofTSCA 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 usingSNUR reporting triggers not matchedin5(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. CFRcitation:40 CFR 721.291.

PMN Number P-86-1044

Chemical name: Monosubstituted alkoxyaminotrizines (generic name). CAS numberNot assigned. Effective dateofsection5(e) consent order.January 9, 1987. Basis forsection 5(e) consentorder:The Order was issued under section 5(e)(1)(A)(i) and (ii)(I) ofTSCA 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 ofthe 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 ofthis substance would help characterize possible carcinogenicity of P-86-1043 as well. Rationale for using SNUR reporting triggers not matchedin 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 ifthe 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 dateof 5[e) consentorder. May 11, 1987. Basis forsection 5(e) consentorder. The Order was issued under section 5(e}(1)(A)(i) and (i)(I) ofTSCA based on

a finding that this substance may present an unreasonable risk ofinjury 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 usingSNUR reporting triggers not matched in 5(e): The Consent Order provided for a disposal option ofreleasing 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 dateofsection5(e) consent orderJanuary 21, 1987.
Basis for section5(e) consentorderThe 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 ofthe substance. Rationale for usingSNUR reporting triggers not matchedin 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 ofsection5(e) consent orderJuly 1, 1987.
Basis forsection5(e) consentorder. 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.- 

### 26105

HeinOnline -- 55 Fed. Reg. 26105 1990

### 26106 Federal Register / Vol. 55, No. 123 / Tuesday, June -26, 1990 / Rules and Regulations

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

Chemicalname: 2- Naphthalenecarboxamide-N-aryl-3- hydroxy-4-arylazo (generic name). CAS number. Not assigned. Effective date of section5(e) consent orderFebruary 1, 1988. Basis for section5(e) consent orderThe 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 ofthe substance. CFR citation: 40 CFR 721.1465.

PMN Number P-87-1456

Chemical name-Polyamine ureaformaldehyde condensate (generic name). CAS numberNot assigned. Effective dateofsection5(e) consent orderMay 4, 1988. Basis forsection 5(e) consentorderThe Order was issued under section 5(e)(1)(A)(i) and (ii)(I) ofTSCA based on

a finding that this substance may present an unreasonable risk ofinjury 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 usingSNUR reporting triggersnotmatchedin 5(e): Although the section 5(e) order allows for effluent ofwastes containing this substance to Publicly Owned Treatment Works which discharge into oceans and the Gulf of Mexico. the established concern level ofI ppb may not be exceeded. CFR citation: 40 CFR 721.2500.

PMN Number P-88-63

Chemicalname: Substituted thiazino hydrazine salt (generic name). CAS number Not assigned. Effective dateof section 5(e)consent orderApril 22, 1988. Basis forsection 5(e)consentorderThe Order was issued under section 5(e){1)(AJ(i) and (ii)(1) ofTSCA based on

a finding that this substance may present an unreasonable risk ofinjury 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 ofthe 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) ofTSCA pending the development ofinformation 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 ofappropriate 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, orprocess 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 ofthe 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 orreasonably ascertainable by them. In cases where a section 5(e) order recommends certain testing, Unit III ofthis preamble lists those recommended tests.

The recommended studies may not be the only means of addressing the potential risks ofthe 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

HeinOnline -- 55 Fed. Reg. 26106 1990

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

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 ithas 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. IfEPA 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 ofRule 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 ofthe 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 ofthese 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, ofthe 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 ofthis date ofpublication rather than as ofthe 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. Ifpersons who begin commercial manufacture, import, or processing ofthe substance between publication and the effective date ofthe, 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 ofestablishing significant new use notice requirements forpotential 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 ofthis 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 ofthe nature of the rule and the substances involved, there will be few SNUR notices submitted. Furthermore, while the expense ofa notice and the uncertainty ofpossible 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 ofManagement and Budget (OMB) for review as required by Executive Order 12291.

B.RegulatoryFlexibilityAct

Under the Regulatory Flexibility Act (5 U.S.C. 605(b)), EPAhas 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 ifall ofthe SNUR notice submitters were small firms.

C.Paperwork ReductionAct

.The information collection requirements contained in this rule have been approved by 0MB under the provisions ofthe 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 ofinformation 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 ofthis collection ofinformation, including suggestions for reducing this burden, to Chief, Information Policy Branch, PM223, U.S. Environmental Protection Agency, 401 M St., SW., Washington. DC 26107

HeinOnline -- 55 Fed. Reg. 26107 1990

### 26108 Federal Register / Vol. 55, No. 123 / Tuesday, June 26, 1990 / Rules and Regulations

20460; and to Office ofManagement 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, ActingAssistant Administrator for Pesticides andToxic 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) Chemicalsubstancesand significant new usessubject 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) Protectionin 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 aMSDS in not required under § 721.72(c).

(C) Industrial, commercial, and

consumeractivities.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 ofa 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

consumeractivities.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 of1 ppb], and (c)(4)[concern level ofI 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) Limitationsorrevocationof certain notificationrequirements.The provisions of § 721.185 apply to this significant new use rule.

(3) Determiningwhetheraspecific

useis subjectto thissection.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 substanceand significant new usessubject 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)Protectioninthe workplace. Requirements as specified in § 721.63(a)(1) and (a](3), 

### (b) [concentration set at 0.1 percent], and (c).

(ii)Hazardcommunication 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

consumeractivities.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) Specificrequirements.The provisions ofsubpart 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) Limitationsorrevocationof certainnotificationrequirements. The provisions of § 721.185 apply to this significant new use rule.

'(3) Determiningwhethera specific

useis subjectto thissection.The provisions of § 721.575(b)(1) apply to. this section. (Approved by the Office ofManagement and Budget under OMB control number 2070- 0022)



### 4. By adding new § -721.782 to subpart
E to read as follows:

-

HeinOnline -- 55 Fed. Reg. 26108 1990

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

§721.782 Aromatic diamines (generic name).



### (a) Chemical substancesand significant new uses subjectto 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) ofthis 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) Hazardcommunication 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

consumeractivities.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) Specificrequirements.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 ofthis substance, as specified in §721.125(a) through (k).

(2) Limitationsorrevocationof certainnotificationrequirements.The prdvisions of J 721.185 apply to this significant new use rule.

(3)Determiningwhether aspecific

useis subjectto thissection. The provisions of 

### §721.575(b)(1) apply to this section. (Approved by the Office ofManagement 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 alWklmepolyote polyglyclVy ethers (generic name).



### (a) Chemicalsubstanceand significant new usessubject 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
-usesdescribed in paragraph (a)(2) of this section. (2)The significant new uses are: (i)Protectionin the workplace. Requirements as specified in § 721.63(a)(1) and (a)(3), (b) [concentration set at 0.1 percent], and (c].(ii) Hazardcommunication 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 ofMSDSs does not apply when a MSDS was not required under § 721.72(c).

(iii) Industrial, commercial, and

consumeractivities.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) Specificrequirements.The provisions of subpart A ofthis part apply to this section except as modified by this paragraph.

(1)Recordkeeping.The following recordkeeping requirements are applicable to manufacturers, importers, and processors ofthis substance, as specified in § 721.125(a) through (i).

(2) Limitationsorrevocationof certain notification requirements. The provisions of §721.185 apply to this significant new use rule.

(3) Determiningwhethera specific

use issubjectto thissection.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) Chemicalsubstanceand significant new usessubjectto 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) ofthis section.

(2) The significant new uses are: (i)Protectionin 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

consumeractivities.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 ofthis 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) Limitationsorrevocationof certain notificationrequirements. The provisions of § 721.185 apply to this significant new use rule.

(3] Determiningwhethera specific

use is subject to thissection.The provisions of § 721.575(b)(1) apply to this section. (Approved by the Office ofManagement 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 substanceand 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 

### 26109

HeinOnline -- 55 Fed. Reg. 26109 1990

### .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

consumeractivities. 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 ofthe substances, as specified in I 721.125(a) through (k).

(B) Limitationsorrevocationof certain notificationrequirements.The provisions of § 721.185 apply to this. significant new use rule.

(C) Determiningwhethera specific

use is subject to thissection. 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) Protectionin 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) Hazardcommunication 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 ofMSDSs 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

consumeractivities.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 ofthis 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 orrevocationof certainnotificationrequirements. The provisions of §721.185 apply to this significant new use rule.

(C) Determiningwhethera specific

use is subjectto 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) Chemicalsubstanceand significant new usessubjectto 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) ofthis 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

consumeractivities.Requirementsi as specified in 

## 1721.80(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) Specificrequirements.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) Limitationsorrevocation of certainnotificationrequirements.The provisions ofJ 721.185 apply to this significant new use rule.

(3) Determiningwhether a specific

useis subjectto this section.The provisions ofJ 721.575(b)(1) apply to this section. (Approved by the Office ofManagement 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 substanceand significant new uses subjectto 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) ofthis 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) Hazardcommunication 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} Industrialcommercial, and

consumeractivities.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 ofthis substance, as specified in § 721.125(a) through (i).

( {2)*Limitationsorrevocationof !certain notificationrequirements. The' provisions of §721.185 apply to this significant new use rule. I

.

(3) Determiningwhethera specific.

use is subjectto thissection.The provisions of § 721.575(b)(1) apply to this section. (Approved by the.Office ofManagement 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 substanceand significant new usessubject 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) ofthis section.

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

consumeractivities.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.

HeinOnline -- 55 Fed. Reg. 26110 1990Federal Register / Vol. 55, No. 123 / Tuesday, June 26, 1990 / Rules and Regulations

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) Limitationsorrevocationof certain notificationrequirements. The provisions of § 721.185 apply to this significant new use rule.

(3) Determiningwhethera specific

use is subject to thissection.The provisions of § 721.575(b)(1) apply to this section. (Approved by the Office ofManagement 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) Chemicalsubstanceand significantnew uses subjectto 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) Protectionin 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 ofMSDSs 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) Limitationsorrevocationof certainnotificationrequirements.The provisions of §721.185 apply to this significant new use rule. (3) Determining whethera specific

useis subject to this section.The provisions of 

### § 721.575(b)(1) apply to this section. (Approved by the Office ofManagement 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) Chemicalsubstanceand significantnew uses subjectto 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)Protectionin 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

consumeractivities.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 ofthis 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) Limitationsorrevocationof certainnotificationrequirements. The provisions of § 721.185 apply to this significant new use rule.

(3)Determiningwhethera specific

use is subject to this section.The provisions of § 721.575(b)(I) apply to this section. (Approved by the Office ofManagement 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 substanceand significantnew uses subjectto 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) ofthis 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)Hazqrdcommunication 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

consumeractivities. 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 of5 ppb], (b)(4) [concern level of 5 ppb], and (c)(4) [concern level of5 ppb].

(b) Specificrequirgments.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 ofthis substance, as specified in 

### § 721.125(a) through (k).

(2) Limitationsorrevocationof certain notificationrequirements.The provisions of § 721.185 apply to this significant new use rule.

. (3) Determiningwhethera specific

use is subjectto thissection. The provisions of § 721.575(b)(1) apply to this section. (Approved by the Office ofManagement 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 substanceand significant new uses subjectto 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)Protectionin 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], 

### 26111

HeinOnline -- 55 Fed. Reg. 26111 1990

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

(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 ofMSDSs 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

consumeractivities.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 ofthis substance, as specified in §721.125(a) through (i),

(2)Limitationsorrevocationof certain notificationrequirements.The provisions of §721.185 apply to this significant new use rule.

(3) Determiningwhether aspecific

use is subjectto thissection.The provisions of §721.575(b)(1) apply to this section. (Approved by the Office ofManagement 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) Chemicalsubstanceand 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) Protectionin 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) Hazardcommunication 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

consumeractivities.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) Limitationsorrevocationof certain notificationrequirements.The provisions of § 721.185 apply to this significant new use rule. (Approved by the Office ofManagement 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 substanceand significant new usessubject 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) ofthis 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 ofI ppb], and (c)(4) [concern level ofI 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) Limitationsorrevocationof certainnotificationrequirements.The provisions of §721.185 apply to this significant new use rule. (Approved by the Office ofManagement. and Budget under OMB control number 2070- 0012)
[FR Doc. 90-14795 Filed 6-25-90- 8:45 am]

BILUNG CODE 6560-SO-C 

### 26112

HeinOnline -- 55 Fed. Reg. 26112 1990