Federal Register / Vol. 79, No. 169 / Tuesday, September 2, 2014 / Rules and Regulations 51899 

3. Collection of Information 

This rule will not call for a new 

collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). 

4. Federalism 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on the States, on the relationship 

between the national government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government. We have 

analyzed this rule under that Order and 

determined that this rule does not have 

implications for federalism. 

5. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to contact the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places or vessels. 

6. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this rule 

will not result in such an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 

7. Taking of Private Property 

This rule would not cause a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630, Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights. 

8. Civil Justice Reform 

This rule meets applicable standards 

in sections 3(a) and 3(b)(2) of Executive 

Order 12988, Civil Justice Reform, to 

minimize litigation, eliminate 

ambiguity, and reduce burden. 

9. Protection of Children from 

Environmental Health Risks 

We have analyzed this rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

does not create an environmental risk to 

health or risk to safety that may 

disproportionately affect children. 

10. Indian Tribal Governments 

This rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

11. Energy Effects 

This action is not a ‘‘significant 

energy action’’ under Executive Order 

13211, Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use. 

12. Technical Standards 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

13. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have made a preliminary determination 

that this action is one of a category of 

actions that do not individually or 

cumulatively have a significant effect on 

the human environment. This rule 

involves the establishment of a safety 

zone around an OCS Facility to protect 

life, property and the marine 

environment. This rule is categorically 

excluded from further review under 

paragraph 34(g) of Figure 2–1 of the 

Commandant Instruction. The 

environmental analysis checklist 

supporting this determination and 

Categorical Exclusion Determination are 

available in the docket where indicated 

under ADDRESSES. 

List of Subjects in 33 CFR Part 147 

Continental shelf, Marine safety, 

Navigation (water). 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 147 as follows: 

PART 147—SAFETY ZONES 

■ 1. The authority citation for part 147 

continues to read as follows: 

Authority: 14 U.S.C. 85; 43 U.S.C. 1333; 

and Department of Homeland Security 

Delegation No. 0170.1. 

■ 2. Add § 147.859 to read as follows: 

§ 147.859 Safety Zone; Gulfstar 1 SPAR, 

Mississippi Canyon Block 724, Outer 

Continental Shelf on the Gulf of Mexico. 

(a) Description. The Gulfstar 1 Spar is 

in the deepwater area of the Gulf of 

Mexico at Mississippi Canyon Block 

724. The facility is located at 

28°14′05.904′′ N, 88°59′43.306′′ W, and 

the area within 500 meters (1640.4 feet) 

from each point on the facility 

structure’s outer edge is a safety zone. 

(b) Regulation. No vessel may enter or 

remain in this safety zone except the 

following: 

(1) An attending vessel; 

(2) A vessel under 100 feet in length 

overall not engaged in towing; or 

(3) A vessel authorized by the 

Commander, Eighth Coast Guard 

District or a designated representative. 

Dated: August 6, 2014. 

Kevin S. Cook, 

Rear Admiral, U.S. Coast Guard, Commander, 

Eighth Coast Guard District. 

[FR Doc. 2014–20843 Filed 8–29–14; 8:45 am] 

BILLING CODE 4915–15–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 9 and 721 

[EPA–HQ–OPPT–2012–0727; FRL–9914–19] 

RIN 2070–AB27 

Significant New Use Rules on Certain 

Chemical Substances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is finalizing significant 

new use rules (SNURs) under section 

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

Act (TSCA) for 36 chemical substances 

which were the subject of 

premanufacture notices (PMNs). 

Seventeen of these chemical substances 

are subject to TSCA section 5(e) consent 

orders issued by EPA. This action 

requires persons who intend to 

manufacture or process any of these 36 

chemical substances for an activity that 

is designated as a significant new use by 

this final rule to notify EPA at least 90 

days before commencing that activity. 

The required notification provides EPA 

with the opportunity to evaluate the 

intended use and, if necessary, to 

prohibit or limit that activity before it 

occurs. 

DATES: This final rule is effective 

November 3, 2014. 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

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51900 Federal Register / Vol. 79, No. 169 / Tuesday, September 2, 2014 / Rules and Regulations 

number EPA–HQ–OPPT–2012–0727, is 

available at http://www.regulations.gov 

or at the Office of Pollution Prevention 

and Toxics Docket (OPPT Docket), 

Environmental Protection Agency 

Docket Center (EPA/DC), West William 

Jefferson Clinton Bldg., Rm. 3334, 1301 

Constitution Ave. NW., Washington, 

DC. The Public Reading Room is open 

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

through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the OPPT 

Docket is (202) 566–0280. Please review 

the visitor instructions and additional 

information about the docket available 

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

FOR FURTHER INFORMATION CONTACT: For 

technical information contact: Jim 

Alwood, Chemical Control Division 

(7405M), Office of Pollution Prevention 

and Toxics, Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW., 

Washington, DC 20460–0001; telephone 

number: (202) 564–8974; email address: 

alwood.jim@epa.gov. 

For general information contact: The 

TSCA-Hotline, ABVI-Goodwill, 422 

South Clinton Ave., Rochester, NY 

14620; telephone number: (202) 554– 

1404; email address: TSCA-Hotline@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Does this action apply to me? 

You may be potentially affected by 

this action if you manufacture, process, 

or use any of the 36 chemical substances 

contained in this final rule. Potentially 

affected entities may include, but are 

not limited to: 

• Manufacturers or processors of the 

subject chemical substances (NAICS 

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

manufacturing and petroleum refineries. 

This listing is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

affected by this action. Other types of 

entities not listed in this unit could also 

be affected. The North American 

Industrial Classification System 

(NAICS) codes have been provided to 

assist you and others in determining 

whether this action might apply to 

certain entities. To determine whether 

you or your business may be affected by 

this action, you should carefully 

examine the applicability provisions in 

40 CFR 721.5. If you have any questions 

regarding the applicability of this action 

to a particular entity, consult the 

technical person listed under FOR

FURTHER INFORMATION CONTACT. 

This action may also affect certain 

entities through pre-existing import 

certification and export notification 

rules under TSCA. Chemical importers 

are subject to the TSCA section 13 (15 

U.S.C. 2612) import certification 

requirements promulgated at 19 CFR 

12.118 through 12.127; see also 19 CFR 

127.28. Chemical importers must certify 

that the shipment of the chemical 

substance complies with all applicable 

rules and orders under TSCA. Importers 

of chemical substances subject to a final 

SNUR must certify their compliance 

with the SNUR requirements. The EPA 

policy in support of import certification 

appears at 40 CFR part 707, subpart B. 

In addition, any persons who export or 

intend to export a chemical substance 

that is the subject of this final rule are 

subject to the export notification 

provisions of TSCA section 12(b) (15 

U.S.C. 2611(b)) (see 40 CFR 721.20), and 

must comply with the export 

notification requirements in 40 CFR part 

707, subpart D. 

II. Background 

A. What action is the agency taking? 

EPA is finalizing SNURs under TSCA 

section 5(a)(2) for 36 chemical 

substances which were the subject of 

PMNs. Seventeen of these chemical 

substances are subject to TSCA section 

5(e) consent orders issued by EPA. The 

final SNURs for these chemical 

substances are based on and consistent 

with the provisions in the underlying 

consent orders. The final SNURs 

designate as a significant new use 

manufacture (including import) or 

processing in the absence of the 

protective measures required in the 

corresponding consent order. The final 

SNURs for the 19 remaining chemical 

substances are not based on a consent 

order under TSCA section 5(e). In these 

19 cases, EPA has determined in 

accordance with 40 CFR 721.170(c)(2) 

that these significant new use activities: 

1. Are different from those described 

in the PMN for the chemical substance, 

including any amendments, deletions, 

and additions of activities to the PMN. 

2. May be accompanied by changes in 

exposure or release levels that are 

significant in relation to the health or 

environmental concerns identified for 

the PMN substance. 

This action requires persons who intend 

to manufacture or process these 

chemical substances for an activity that 

is designated as a significant new use by 

this final rule to notify EPA at least 90 

days before commencing that activity. 

Previously, in the Federal Register of 

February 25, 2013 (78 FR 12684) (FRL– 

9376–7), EPA proposed SNURs for 37 

chemical substances. More information 

on the specific chemical substances 

subject to this final rule can be found in 

the Federal Register document 

proposing the SNURs. The SNURs for 

these 36 chemical substances was 

established in the docket under docket 

ID number EPA–HQ–OPPT–2012–0727. 

That docket includes information 

considered by the Agency in developing 

the proposed and final rules, including 

comments on the proposed SNURs. 

EPA received several comments on 

the proposed rule for certain chemical 

substances. A full discussion of EPA’s 

response to these comments is included 

in Unit V. Based on these comments, 

EPA is issuing a modified final rule for 

36 chemical substances as described in 

Unit V. EPA is not finalizing one of the 

proposed SNURs as described in the 

response to comments. EPA will take 

action on that proposed SNUR at a later 

date. For any proposed SNUR for which 

EPA did not receive comment, EPA is 

issuing the final rule as proposed. 

B. What is the agency’s authority for 

taking this action? 

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

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

that a use of a chemical substance is a 

‘‘significant new use.’’ EPA must make 

this determination by rule after 

considering all relevant factors, 

including those listed in TSCA section 

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

of a chemical substance is a significant 

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

requires persons to submit a significant 

new use notice (SNUN) to EPA at least 

90 days before they manufacture or 

process the chemical substance for that 

use. Persons who must report are 

described in 40 CFR 721.5. 

C. Applicability of General Provisions 

General provisions for SNURs appear 

in 40 CFR part 721, subpart A. These 

provisions describe persons subject to 

the final rule, recordkeeping 

requirements, exemptions to reporting 

requirements, and applicability of the 

rule to uses occurring before the 

effective date of the final rule. 

Provisions relating to user fees appear at 

40 CFR part 700. According to 40 CFR 

721.1(c), persons subject to these SNURs 

must comply with the same notice 

requirements and EPA regulatory 

procedures as submitters of PMNs under 

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

these requirements include the 

information submission requirements of 

TSCA sections 5(b) and 5(d)(1), the 

exemptions authorized by TSCA 

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

and the regulations at 40 CFR part 720. 

Once EPA receives a SNUN, EPA may 

take regulatory action under TSCA 

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

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Federal Register / Vol. 79, No. 169 / Tuesday, September 2, 2014 / Rules and Regulations 51901 

activities for which it has received the 

SNUN. If EPA does not take action, EPA 

is required under TSCA section 5(g) to 

explain in the Federal Register its 

reasons for not taking action. 

III. Rationale and Objectives of the 

Final Rule 

A. Rationale 

During review of the PMNs submitted 

for these chemical substances, EPA 

concluded that for 17 of the 36 chemical 

substances, regulation was warranted 

under TSCA section 5(e)(1)(A)(ii)(I), 

pending the development of information 

sufficient to make reasoned evaluations 

of the human health effects of the 

chemical substances. Based on these 

findings, a TSCA section 5(e) consent 

order requiring the use of appropriate 

exposure controls was negotiated with 

the PMN submitter. The SNUR 

provisions for these chemical 

substances are consistent with the 

provisions of the TSCA section 5(e) 

consent order. These final SNURs are 

issued pursuant to 40 CFR 721.160. See 

the docket under docket ID number 

EPA–HQ–OPPT–2010–1075 for the 

corresponding consent orders. In the 

other 19 cases, where the uses were not 

regulated under a TSCA section 5(e) 

consent order, EPA determined that one 

or more of the criteria of concern 

established at 40 CFR 721.170 were met. 

For additional discussion of the 

rationale for the SNURs on these 

chemical substances, see Units II. and V. 

of the proposed rule. 

B. Objectives 

EPA is issuing these final SNURs for 

specific chemical substances that have 

undergone premanufacture review 

because the Agency wants to achieve 

the following objectives with regard to 

the significant new uses designated in 

this final rule: 

• EPA will receive notice of any 

person’s intent to manufacture or 

process a listed chemical substance for 

the described significant new use before 

that activity begins. 

• EPA will have an opportunity to 

review and evaluate data submitted in a 

SNUN before the notice submitter 

begins manufacturing or processing a 

listed chemical substance for the 

described significant new use. 

• EPA will be able to regulate 

prospective manufacturers or processors 

of a listed chemical substance before the 

described significant new use of that 

chemical substance occurs, provided 

that regulation is warranted pursuant to 

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

• EPA will ensure that all 

manufacturers and processors of the 

same chemical substance that is subject 

to a TSCA section 5(e) consent order are 

subject to similar requirements. 

Issuance of a SNUR for a chemical 

substance does not signify that the 

chemical substance is listed on the 

TSCA Inventory. Guidance on how to 

determine if a chemical substance is on 

the TSCA Inventory is available on the 

Internet at http://www.epa.gov/opptintr/ 

existingchemicals/pubs/tscainventory/

index.html. 

IV. Significant New Use Determination 

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

EPA’s determination that a use of a 

chemical substance is a significant new 

use must be made after consideration of 

all relevant factors, including: 

• The projected volume of 

manufacturing and processing of a 

chemical substance. 

• The extent to which a use changes 

the type or form of exposure of human 

beings or the environment to a chemical 

substance. 

• The extent to which a use increases 

the magnitude and duration of exposure 

of human beings or the environment to 

a chemical substance. 

• The reasonably anticipated manner 

and methods of manufacturing, 

processing, distribution in commerce, 

and disposal of a chemical substance. 

In addition to these factors 

enumerated in TSCA section 5(a)(2), the 

statute authorized EPA to consider any 

other relevant factors. 

To determine what would constitute a 

significant new use for the chemical 

substances that are the subject of these 

SNURs, EPA considered relevant 

information about the toxicity of the 

chemical substances, likely human 

exposures and environmental releases 

associated with possible uses, taking 

into consideration the four bulleted 

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

this unit. 

V. Response to Comments on Proposed 

SNURs 

1. Comment: One commenter stated 

that given the number of chemical 

substances used in the automotive 

industry, the number of suppliers, and 

the complications involved with foreign 

suppliers it was not reasonable to have 

suppliers identify each chemical 

substance in their products, including 

chemical substances in articles, so that 

automakers would know if they were 

using chemicals that were subject to 

SNURs. The commenter also noted the 

further complication that with so many 

SNURs applicable to chemical 

substances with generic chemical 

identities, identifying the chemical 

substances subject to a SNUR was even 

more difficult. The commenter 

requested that EPA address this concern 

and provide guidance on what EPA’s 

expectations are in terms of due 

diligence and future regulatory actions 

that depend on chemical identification 

through the supply chain. 

Response: EPA expects that if a 

company manufactures or processes 

chemical substances it will confirm 

whether those chemical substances are 

on the TSCA Inventory and if those 

chemical substances are subject to 

TSCA regulations, including SNURs. A 

company may do this by identifying 

each chemical and confirming its TSCA 

status. In cases where a company 

purchases chemical substances, 

including formulations with multiple 

chemical substances that may be only 

generically identified, an importer or 

processor may rely on their supplier to 

confirm the identity of a chemical 

substance or if a chemical substance is 

subject to a SNUR. According to 40 CFR 

721.5(a)(2), manufacturers (including 

importers) and processors must notify 

customers if they distribute a chemical 

substance that is subject to a SNUR 

unless they can demonstrate that their 

customer either already knows about the 

SNUR or cannot undertake any 

significant new use designated in the 

SNUR. EPA recognizes that when a 

company imports a chemical substance 

into the United States, its foreign 

manufacturer or processor is not subject 

to the requirements of 40 CFR 

721.5(a)(2) to notify the importer about 

whether the chemical substance is 

subject to a SNUR. Nonetheless, 

importers are subject to the 

requirements of TSCA section 5(a)(1) 

with respect to substances not on the 

TSCA Inventory or subject to an 

exemption, and must comply with any 

applicable SNURs. EPA expects that the 

importer would confirm the identity of 

chemical substances it is importing, if 

those chemical substances are on the 

TSCA Inventory, and whether they are 

subject to TSCA regulation including 

SNURs. In the case of chemical 

substances that are contained in an 

article, if the exemption of 40 CFR 

721.45(f) is revoked then the person 

distributing that chemical substance in 

the article must, in accordance with 40 

CFR 721.5(a)(2), notify customers that a 

chemical substance in the article is 

subject to a SNUR. 

2. Comment: Two commenters 

suggested that SNURs should 

incorporate the requirements of 29 CFR 

1910.134 the OSHA Respiratory 

Protection Standard. One of the 

commenters also stated that SNURs 

should be more explicit about following 

the requirements of OSHA regulations 

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51902 Federal Register / Vol. 79, No. 169 / Tuesday, September 2, 2014 / Rules and Regulations 

including 29 CFR 1910.1200(h) the 

OSHA Hazard Communication Standard 

and 29 CFR 1910.120 the Hazardous 

Waste Operation and Emergency 

Response Standard. 

Response: SNURs identify significant 

new uses for chemical substances under 

TSCA section 5(a)(2). The requirements 

of 40 CFR 721.63 (a)(4) already state that 

use of respirators must be according to 

OSHA’s 29 CFR 1910.134, which 

includes language that engineering 

controls should be used as far as feasible 

to prevent exposures. For new chemical 

SNURs that identify new uses relating to 

establishing a written hazard 

communication standard according to 

40 CFR 721.72, which includes one 

SNUR in this final rule, persons subject 

to the final rule may use the OSHA 

Hazard Communication Standard at 29 

CFR 1910.1200 or another standard to 

comply with those significant new use 

requirements. EPA has identified 

significant new uses in this manner 

because it believes that its TSCA 

regulations do not supersede any 

applicable OSHA requirements. None of 

the SNURs in this final rule identify 

new uses relating to hazardous waste 

operation and emergency response. 

3. Comment: The same two 

commenters also suggested that EPA 

should adopt the National Institute of 

Occupational Safety and Health 

(NIOSH) Recommended Exposure Limit 

(REL) of 1 ug/m3 for carbon nanotubes 

(CNTs) as a New Chemical Exposure 

Limit (NCEL) for SNURs for carbon 

nanotubes. 

Response: When establishing a NCEL 

or other alternative exposure control, 

EPA will consider all available data 

including U.S. government policies and 

practices used to set occupational 

exposure limits. Because of the 

uncertainty surrounding the NIOSH REL 

of 1 mg/m3 (as NIOSH noted in its final 

CNT bulletin, the REL is based on the 

current analytical limit of quantification 

and may not be preventative of all 

known health effects; see: http://

www.cdc.gov/niosh/docs/2013-145/

pdfs/2013-145.pdf), EPA will not adopt 

the NIOSH REL as a NCEL at this time 

because EPA cannot determine that 

potential exposures at the REL may not 

present an unreasonable risk. EPA will 

consider the final NIOSH REL or other 

alternative exposure controls for CNTs if 

a submission requesting such is made 

under 40 CFR 721.30. This would allow 

the submitter to send to EPA data in 

support of a proposed exposure level 

and to demonstrate a technique to 

comply with that level. EPA would then 

evaluate the proposal and data as 

described in 40 CFR 721.30. See: http:// 

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

consent-pdf/riskhhncel.pdf and http://

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

ncelresp.pdf, which, respectively, are 

EPA’s boilerplate TSCA section 5(e) 

consent order containing a NCEL and 

EPA’s Response to Comments on NCELs 

in TSCA section 5(e) consent orders. 

These two documents contain 

additional information on EPA’s 

approach to NCELs and developing 

techniques to comply with those 

requirements. 

4. Comment: One commenter stated 

that the proposed regulatory text 

language ‘‘When determining which 

persons are reasonably likely to be 

exposed as required for § 721.63(a)(1) 

and (a)(4), engineering control measures 

(e.g., enclosure or confinement of the 

operation, general and local ventilation) 

or administrative control measures (e.g., 

workplace policies and procedures) 

shall be considered and implemented to 

prevent exposure, where feasible’’ and 

the language that respirators ‘‘meet the 

requirements of § 721.63(a)(4)’’ were 

confusing and that the second statement 

seemed to indicate that respirators alone 

were sufficient to address exposures. 

The commenter also suggested specific 

language changes to address that 

confusion and to incorporate use of an 

exposure limit. 

Response: SNURs that require a 

significant new use notification where 

certain respiratory protection is not 

used only require respiratory protection 

when workers are reasonably likely to 

be exposed. Manufacturers and 

processors subject to the SNUR must 

first determine if workers are reasonably 

likely to be exposed. When making that 

determination, the proposed language 

directs them to consider feasible 

engineering or administrative controls 

similar to OSHA requirements at 29 CFR 

1910.134. If workers are still reasonably 

likely to be exposed then the required 

respirators meet the requirements of 40 

CFR 721.63(a)(4). Based on this 

explanation EPA does not think that the 

language is confusing or indicates that 

respirators alone are sufficient to 

address exposures. See also EPA’s 

response to comment 10 regarding 

control measures. EPA has adopted a 

minor change adding the suggested 

italicized language by the commenter 

‘‘. . . measures (e.g., workplace policies 

and procedures) shall be considered and 

implemented to prevent or reduce 

exposure . . .’’ to make clearer that the 

requirements of 40 CFR 721.63(a)(4) are 

consistent with OSHA requirements. 

This change has been made in all 

SNURs in this rule with a ‘‘protection in 

the workplace’’ significant new use 

provision. 

5. Comment: One commenter also 

suggested that EPA should establish 

criteria and procedures for selecting, 

installing, and evaluating the 

performance of engineering controls and 

for training workers to use the exposure 

controls. 

Response: EPA requires personal 

protective equipment only for workers 

who are reasonably likely to be exposed, 

in order to prevent unreasonable risks. 

It should be noted that OSHA 

regulations only recommend but do not 

require specific engineering controls for 

existing chemical substances even when 

there are available methods for detecting 

those chemical substances and there are 

engineering controls known to prevent 

exposures. For new chemical 

substances, there is often no data on 

detection methods and limited data on 

which engineering controls prevent 

worker exposures in all situations. In 

addition, because new chemical 

substances have not previously been in 

commerce, there are no specific 

applicable exposure limits or protective 

equipment requirements under any 

other U.S. statute. EPA includes 

language in SNURs that require worker 

protection that also requires engineering 

controls and administrative controls 

where feasible. This requirement is 

consistent with OSHA regulations. 

EPA’s approach at this time for 

evaluating engineering controls for 

chemical substances subject to SNURs 

are requests for alternative control 

measures—which includes requests to 

use the NCELs approach—as set out in 

40 CFR 721.30. 

6. Comment: One commenter 

suggested that EPA consider new 

toxicology studies identified by NIOSH 

(see: http://blogs.cdc.gov/niosh-scienceblog/2013/03/11/mwcnt) for CNTs and 

consider whether these effects should be 

considered as part of toxicology studies 

for CNTs. 

Response: EPA is reviewing those 

studies and will incorporate the 

findings of those studies to the extent 

appropriate when assessing the 

potential hazards of and when 

determining testing requirements and 

protocols for CNTs. 

7. Comment: One commenter 

suggested that other SNURs that have 

already been issued and will be issued 

should also address the issue of 

hierarchy of controls. The commenter 

described the best measures of a 

hierarchy of controls as: process 

changes, followed by engineering 

controls such as enclosure and local 

exhaust ventilation, administrative 

practices, and finally, personal 

protective equipment. Another 

commenter suggested that EPA should 

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Federal Register / Vol. 79, No. 169 / Tuesday, September 2, 2014 / Rules and Regulations 51903 

undertake an interagency process with 

OSHA and NIOSH to ensure that SNUR 

regulations are consistent with OSHA 

standards and NIOSH recommendations 

and then modify existing SNURs and 

develop a template for future SNURs 

through rulemaking. 

Response: As EPA has previously 

stated in response to Comment 2, the 

requirements of 40 CFR 721.63(a)(4) 

already incorporate consideration of 

engineering controls when determining 

protection for workers from inhalation 

exposure as use of respirators must be 

according to OSHA 29 CFR 1910.134, 

which includes language that 

engineering controls should be used as 

far as feasible to prevent exposures. EPA 

has also added specific language to new 

SNURS to require engineering controls 

and administrative controls where 

feasible. EPA is currently in the process 

of developing revisions to existing 

SNUR regulations that will serve as a 

template for future SNURs and SNURs 

already issued. EPA will consult with 

NIOSH and OSHA during this process, 

as it has done previously when 

developing SNUR regulations for worker 

protection. These revisions would also 

be subject to public comments through 

notice and comment rulemaking. 

8. Comment: One commenter 

requested that EPA not finalize the 

SNUR for P–08–392, which is the SNUR 

at 40 CFR 721.10648, until a request to 

modify the TSCA section 5(e) consent 

order for that PMN substance was 

completed because the proposed 

changes to the TSCA section 5(e) 

consent order would not be consistent 

with the terms of the proposed SNUR. 

Response: After the comment was 

submitted, the PMN submitter withdrew 

the TSCA section 5(e) consent order 

modification request. Because the TSCA 

section 5(e) consent order modification 

is no longer being pursued by the PMN 

submitter and this chemical substance is 

on the TSCA Inventory, EPA is 

finalizing the SNUR as proposed. The 

terms of the SNUR are consistent with 

the TSCA section 5(e) consent order 

requirements. 

9. Comment: The commenter stated 

that the requirements of the SNUR for 

PMN P–10–545 and P–10–546, which is 

the SNUR at 40 CFR 721.10648, were 

inconsistent with the TSCA section 5(e) 

consent order. The proposed SNUR 

requires notification if there is 

manufacturing, processing, or use in a 

non-enclosed process. The commenter 

suggested that EPA make the SNUR 

consistent with the TSCA section 5(e) 

consent order by eliminating the 

notification requirements for nonenclosed processes, and adding 

notification requirements in the SNUR if 

the same respiratory protection 

requirements as in the TSCA section 

5(e) consent order are not used. The 

commenter also suggested that EPA 

explicitly identify the use authorized 

under the TSCA section 5(e) consent 

order. 

Response: EPA agrees that the 

requirements of the TSCA section 5(e) 

consent order and SNUR should be 

consistent. In the final SNUR EPA has 

removed the notification requirements 

for non-enclosed processes and has 

included the notification requirements 

where respiratory protection is not used. 

EPA has also identified the use 

authorized under the consent order in 

the final SNUR. 

10. Comment: A commenter for the 

SNUR in 40 CFR 721.10643 requested 

that EPA expand on the completely 

reacted (cured) exemption in paragraph 

(a)(1) and that EPA include a de 

minimis exemption of 1.0% for worker 

protection requirements in paragraph 

(a)(2)(i). The commenter also asked EPA 

to clarify that the phrase ‘‘engineering 

control measures (e.g., enclosure or 

confinement of the operation, general 

and local exhaust ventilation) or 

administrative control measures (e.g., 

workplace policies and procedures) 

shall be considered and implemented to 

prevent exposure, where feasible’’ 

means if proper engineering controls are 

used to prevent exposure that 

respiratory protection is not needed. 

Response: The commenter did not 

supply any reason for the requested 

changes to the proposed SNUR. EPA 

will retain the completely reacted 

(cured) exemption language in 

paragraph (a)(1) as that language is 

consistent with the exemption language 

in the TSCA section 5(e) consent order 

that is the basis for the SNUR. EPA will 

add the de minimis exemption language 

for worker protection in paragraph 

(a)(2)(i), as that language is also 

consistent with the exemption in the 

TSCA section 5(e) consent order. If a 

manufacturer or processor can 

demonstrate that workers are not 

reasonably likely to be exposed by 

inhalation through the use of 

engineering controls, respiratory 

protection would not be required by the 

TSCA section 5(e) consent order and, 

similarly, significant new use 

notification for using the substance 

without respiratory protection would 

not be required. 

11. Comment: One commenter stated 

that the PMN submitter of P–11–155, 

which is the chemical substance in the 

proposed SNUR in 40 CFR 721.10650, 

was in the process of conducting the 

recommended testing in the proposed 

SNUR to characterize the environmental 

effects of the PMN substance. The 

commenter also stated that the results of 

an acute Daphnia study had already 

been submitted to and reviewed by EPA 

and that the acute fish study would be 

conducted according to a protocol 

already reviewed by EPA. The 

commenter requested that EPA 

withdraw the proposed rule for 40 CFR 

721.10650 and await the test results 

before deciding whether to propose a 

SNUR. 

Response: Because the recommended 

environmental toxicity testing is being 

conducted, EPA will not finalize the 

proposed SNUR at this time, but will 

decide on any further action at a later 

date based on test data results. 

12. Comment: EPA received five 

comments that supported the final rule, 

one comment that did not support any 

regulation, and one comment that 

wanted more regulation of toxic 

chemical substances in general. Some of 

the comments supporting the final rule 

discussed advantages and disadvantages 

of the SNUR rules and TSCA. 

Response: Because all of these 

comments did not address specific 

requirements of the proposed SNURs, 

EPA is not responding to them and is 

not making any changes to the SNURs 

as proposed. 

VI. Applicability of Rule to Uses 

Occurring Before Effective Date of the 

Final Rule 

As discussed in the Federal Register 

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

has decided that the intent of TSCA 

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

designating a use as a significant new 

use as of the date of publication of the 

proposed rule rather than as of the 

effective date of the final rule. If uses 

begun after publication were considered 

ongoing rather than new, it would be 

difficult for EPA to establish SNUR 

notice requirements because a person 

could defeat the SNUR by initiating the 

significant new use before the rule 

became effective, and then argue that 

the use was ongoing before the effective 

date of the final rule. 

Any person who began commercial 

manufacture or processing of the 

specific chemical substances for any of 

the significant new uses designated in 

the proposed rule after the date of 

publication of the proposed rule must 

stop that activity before the effective 

date of this final rule. Persons who 

ceased those activities will have to meet 

all applicable SNUR notice 

requirements and wait until the end of 

the notice review period, including any 

extensions, before engaging in any 

activities designated as significant new 

uses. 

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51904 Federal Register / Vol. 79, No. 169 / Tuesday, September 2, 2014 / Rules and Regulations 

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 under 40 

CFR 721.45(h), the person would be 

considered to have met the 

requirements of this final SNUR for 

those activities. 

VII. Test Data and Other Information 

EPA recognizes that TSCA section 5 

does not require developing any 

particular test data before submission of 

a SNUN. The two exceptions are: 

1. Development of test data is 

required where the chemical substance 

subject to the SNUR is also subject to a 

test rule under TSCA section 4 (see 

TSCA section 5(b)(1)). 

2. Development of test data may be 

necessary where the chemical substance 

has been listed under TSCA section 

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

In the absence of a TSCA section 4 

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

listing covering the chemical substance, 

persons are required only to submit test 

data in their possession or control and 

to describe any other data known to or 

reasonably ascertainable by them (see 40 

CFR 720.50). However, upon review of 

PMNs and SNUNs, the Agency has the 

authority to require appropriate testing. 

In the TSCA section 5(e) consent 

orders for 17 of the chemical substances 

regulated under this final rule, EPA has 

established restrictions in view of the 

lack of data on the potential health and 

environmental risks that may be posed 

by the significant new uses or increased 

exposure to the chemical substances. 

These restrictions will not be removed 

until EPA determines that the 

unrestricted use will not present an 

unreasonable risk of injury or result in 

significant or substantial exposure or 

environmental release. This 

determination is usually made based on 

the results of the required or 

recommended toxicity tests. 

In cases where EPA issued a TSCA 

section 5(e) consent order that requires 

or recommends certain testing, Unit IV. 

of the proposed rule lists tests required 

or recommended in each of the TSCA 

section 5(e) consent orders underlying 

the proposed TSCA section 5(e) SNURs, 

and lists tests recommended for the 

chemical substances subject to the 

proposed TSCA non-section 5(e) 

SNURs. Descriptions of tests are 

provided for informational purposes. 

EPA strongly encourages persons, before 

performing any testing, to consult with 

the Agency pertaining to protocol 

selection. 

SNUN submitters should be aware 

that EPA will be better able to evaluate 

SNUNs which provide detailed 

information on the following: 

• Human exposure and 

environmental release that may result 

from the significant new use of the 

chemical substances. 

• Potential benefits of the chemical 

substances. 

• Information on risks posed by the 

chemical substances compared to risks 

posed by potential substitutes. 

VIII. SNUN Submissions 

According to 40 CFR 721.1(c), persons 

submitting a SNUN must comply with 

the same notice requirements and EPA 

regulatory procedures as persons 

submitting a PMN, including 

submission of test data on health and 

environmental effects as described in 40 

CFR 720.50. SNUNs must be submitted 

on EPA Form No. 7710–25, generated 

using e-PMN software, and submitted to 

the Agency in accordance with the 

procedures set forth in 40 CFR 721.25 

and 720.40. E–PMN software is 

available electronically at http://

www.epa.gov/opptintr/newchems. 

IX. Economic Analysis 

EPA has evaluated the potential costs 

of establishing SNUN requirements for 

potential manufacturers and processors 

of the chemical substances during the 

development of the direct final rule. 

EPA’s complete Economic Analysis is 

available in the docket under docket ID 

number EPA–HQ–OPPT–2012–0727. 

X. Statutory and Executive Order 

Reviews 

A. Executive Order 12866 

This final rule establishes SNURs for 

several new chemical substances that 

were the subject of PMNs and, in some 

cases, a TSCA section 5(e) consent 

order. The Office of Management and 

Budget (OMB) has exempted these types 

of actions from review under Executive 

Order 12866, entitled ‘‘Regulatory 

Planning and Review’’ (58 FR 51735, 

October 4, 1993). 

B. Paperwork Reduction Act 

According to the Paperwork 

Reduction Act (PRA), 44 U.S.C. 3501 et 

seq., an Agency may not conduct or 

sponsor, and a person is not required to 

respond to a collection of information 

that requires OMB approval under PRA, 

unless it has been approved by OMB 

and displays a currently valid OMB 

control number. The OMB control 

numbers for EPA’s regulations in title 40 

of the CFR, after appearing in the 

Federal Register, are listed in 40 CFR 

part 9, and included on the related 

collection instrument or form, if 

applicable. EPA is amending the table in 

40 CFR part 9 to list the OMB approval 

number for the information collection 

requirements contained in this final 

rule. This listing of the OMB control 

numbers and their subsequent 

codification in the CFR satisfies the 

display requirements of PRA and OMB’s 

implementing regulations at 5 CFR part 

1320. This Information Collection 

Request (ICR) was previously subject to 

public notice and comment prior to 

OMB approval, and given the technical 

nature of the table, EPA finds that 

further notice and comment to amend it 

is unnecessary. As a result, EPA finds 

that there is ‘‘good cause’’ under section 

553(b)(3)(B) of the Administrative 

Procedure Act, 5 U.S.C. 553(b)(3)(B), to 

amend this table without further notice 

and comment. 

The information collection 

requirements related to this action have 

already been approved by OMB 

pursuant to PRA under OMB control 

number 2070–0012 (EPA ICR No. 574). 

This action does not impose any burden 

requiring additional OMB approval. If 

an entity were to submit a SNUN to the 

Agency, the annual burden is estimated 

to average between 30 and 170 hours 

per response. This burden estimate 

includes the time needed to review 

instructions, search existing data 

sources, gather and maintain the data 

needed, and complete, review, and 

submit the required SNUN. 

Send any comments about the 

accuracy of the burden estimate, and 

any suggested methods for minimizing 

respondent burden, including through 

the use of automated collection 

techniques, to the Director, Collection 

Strategies Division, Office of 

Environmental Information (2822T), 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001. Please remember to 

include the OMB control number in any 

correspondence, but do not submit any 

completed forms to this address. 

C. Regulatory Flexibility Act 

On February 18, 2012, EPA certified 

pursuant to section 605(b) of the 

Regulatory Flexibility Act (RFA) (5 

U.S.C. 601 et seq.), that promulgation of 

a SNUR does not have a significant 

economic impact on a substantial 

number of small entities where the 

following are true: 

1. A significant number of SNUNs 

would not be submitted by small 

entities in response to the SNUR. 

2. The SNUN submitted by any small 

entity would not cost significantly more 

than $8300. 

A copy of that certification is 

available in the docket for this rule. 

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Federal Register / Vol. 79, No. 169 / Tuesday, September 2, 2014 / Rules and Regulations 51905 

This rule is within the scope of the 

February 18, 2012 certification. Based 

on the Economic Analysis discussed in 

Unit IX. and EPA’s experience 

promulgating SNURs (discussed in the 

certification), EPA believes that the 

following are true: 

• A significant number of SNUNs 

would not be submitted by small 

entities in response to the SNUR. 

• Submission of the SNUN would not 

cost any small entity significantly more 

than $8300. Therefore, the promulgation 

of the SNUR would not have a 

significant economic impact on a 

substantial number of small entities. 

D. Unfunded Mandates Reform Act 

Based on EPA’s experience with 

proposing and finalizing SNURs, State, 

local, and Tribal governments have not 

been impacted by these rulemakings, 

and EPA does not have any reasons to 

believe that any State, local, or Tribal 

government will be impacted by this 

final rule. As such, EPA has determined 

that this final rule does not impose any 

enforceable duty, contain any unfunded 

mandate, or otherwise have any effect 

on small governments subject to the 

requirements of sections 202, 203, 204, 

or 205 of the Unfunded Mandates 

Reform Act of 1995 (UMRA) (Pub. L. 

104–4). 

E. Executive Order 13132 

This action will not have a substantial 

direct effect on States, on the 

relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132, entitled 

‘‘Federalism’’ (64 FR 43255, August 10, 

1999). 

F. Executive Order 13175 

This final rule does not have Tribal 

implications because it is not expected 

to have substantial direct effects on 

Indian Tribes. This final rule does not 

significantly nor uniquely affect the 

communities of Indian Tribal 

governments, nor does it involve or 

impose any requirements that affect 

Indian Tribes. Accordingly, the 

requirements of Executive Order 13175, 

entitled ‘‘Consultation and Coordination 

with Indian Tribal Governments’’ (65 FR 

67249, November 9, 2000), do not apply 

to this final rule. 

G. Executive Order 13045 

This action is not subject to Executive 

Order 13045, entitled ‘‘Protection of 

Children from Environmental Health 

Risks and Safety Risks’’ (62 FR 19885, 

April 23, 1997), because this is not an 

economically significant regulatory 

action as defined by Executive Order 

12866, and this action does not address 

environmental health or safety risks 

disproportionately affecting children. 

H. Executive Order 13211 

This action is not subject to Executive 

Order 13211, entitled ‘‘Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001), because this action is not 

expected to affect energy supply, 

distribution, or use and because this 

action is not a significant regulatory 

action under Executive Order 12866. 

I. National Technology Transfer and 

Advancement Act 

Since this action does not involve any 

technical standards, NTTAA section 

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

apply to this action. 

This action does not entail special 

considerations of environmental justice 

related issues as delineated by 

Executive Order 12898, entitled 

‘‘Federal Actions to Address 

Environmental Justice in Minority 

Populations and Low-Income 

Populations’’ (59 FR 7629, February 16, 

1994). 

XI. Congressional Review Act (CRA) 

The Congressional Review Act, 5 

U.S.C. 801 et seq., generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report to each House of 

the Congress and the Comptroller 

General of the United States. EPA will 

submit a report containing this rule and 

other required information to the U.S. 

Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of the rule in the Federal 

Register. This final rule is not a ‘‘major 

rule’’ as defined by 5 U.S.C. 804(2). 

List of Subjects 

40 CFR Part 9 

Environmental protection, Reporting 

and recordkeeping requirements. 

40 CFR Part 721 

Environmental protection, Chemicals, 

Hazardous substances, Reporting and 

recordkeeping requirements. 

Dated: August 20, 2014. 

Maria J. Doa, 

Director, Chemical Control Division, Office 

of Pollution Prevention and Toxics. 

Therefore, 40 CFR parts 9 and 721 are 

amended as follows: 

PART 9—[AMENDED] 

■ 1. The authority citation for part 9 

continues to read as follows: 

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

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

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

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

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

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

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

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

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

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

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

11023, 11048. 

■ 2. The table in § 9.1 is amended by 

adding the following sections in 

numerical order under the undesignated 

center heading ‘‘Significant New Uses of 

Chemical Substances’’ to read as 

follows: 

§ 9.1 OMB approvals under the Paperwork 

Reduction Act. 

* * * * * 

40 CFR citation OMB control No. 

* * * * * 

Significant New Uses of Chemical Substances 

* * * * * 

721.10637 ....................... 2070–0012 

721.10638 ....................... 2070–0012 

721.10639 ....................... 2070–0012 

721.10640 ....................... 2070–0012 

721.10641 ....................... 2070–0012 

721.10642 ....................... 2070–0012 

721.10643 ....................... 2070–0012 

721.10644 ....................... 2070–0012 

721.10645 ....................... 2070–0012 

721.10646 ....................... 2070–0012 

721.10647 ....................... 2070–0012 

721.10648 ....................... 2070–0012 

721.10649 ....................... 2070–0012 

721.10651 ....................... 2070–0012 

721.10652 ....................... 2070–0012 

721.10653 ....................... 2070–0012 

721.10654 ....................... 2070–0012 

721.10655 ....................... 2070–0012 

721.10656 ....................... 2070–0012 

721.10657 ....................... 2070–0012 

721.10658 ....................... 2070–0012 

721.10659 ....................... 2070–0012 

721.10660 ....................... 2070–0012 

* * * * * 

PART 721—[AMENDED] 

■ 3. The authority citation for part 721 

continues to read as follows: 

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

2625(c). 

■ 4. Add § 721.10637 to subpart E to 

read as follows: 

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51906 Federal Register / Vol. 79, No. 169 / Tuesday, September 2, 2014 / Rules and Regulations 

§ 721.10637 Substituted picolinate 

(generic). 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substance identified 

generically as substituted picolinate 

(PMN P–00–835) 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), (b)(4), and 

(c)(4) (N=90). 

(ii) [Reserved] 

(b) Specific requirements. The 

provisions of subpart A of this part 

apply to this section except as modified 

by this paragraph (b). 

(1) Recordkeeping. Recordkeeping 

requirements as specified in 

§ 721.125(a), (b), (c), and (k) are 

applicable to manufacturers and 

processors of this substance. 

(2) Limitations or revocation of 

certain notification requirements. The 

provisions of § 721.185 apply to this 

section. 

■ 5. Add § 721.10638 to subpart E to 

read as follows: 

§ 721.10638 Lithium metal phosphate 

(generic). 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substance identified 

generically as lithium metal phosphate 

(PMN P–02–167) 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), (b)(4), and 

(c)(4) (N=1). 

(ii) [Reserved] 

(b) Specific requirements. The 

provisions of subpart A of this part 

apply to this section except as modified 

by this paragraph (b). 

(1) Recordkeeping. Recordkeeping 

requirements as specified in 

§ 721.125(a), (b), (c), and (k) are 

applicable to manufacturers and 

processors of this substance. 

(2) Limitations or revocation of 

certain notification requirements. The 

provisions of § 721.185 apply to this 

section. 

■ 6. Add § 721.10639 to subpart E to 

read as follows: 

§ 721.10639 Siloxanes and Silicones, diMe, polymers with Ph silsesquioxanes, 

hydrolyzed, reaction products with 2-[[3- 

(trimethoxysilyl)propoxy]methyl]oxirane. 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substance identified as 

siloxanes and silicones, di-Me, 

polymers with Ph silsesquioxanes, 

hydrolyzed, reaction products with 2- 

[[3-(trimethoxysilyl)propoxy]methyl]oxi

rane (PMN P–02–668; CAS No. 478823– 

10–8) 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)(2)(i), (a)(3), (a)(4), 

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

percent), and (c). When determining 

which persons are reasonably likely to 

be exposed as required for § 721.63(a)(1) 

and (4), engineering control measures 

(e.g., enclosure or confinement of the 

operation, general and local ventilation) 

or administrative control measures (e.g., 

workplace policies and procedures) 

shall be considered and implemented to 

prevent or reduce exposure, where 

feasible. The following National 

Institute for Occupational Safety and 

Health (NIOSH)-certified respirators 

with an assigned protection factor (APF) 

of at least 10 meet the requirements of 

§ 721.63(a)(4): 

(A) NIOSH-certified air-purifying, 

tight-fitting half-face respirator 

equipped with N100 (if oil aerosols 

absent), R100, or P100 filters; 

(B) NIOSH-certified air-purifying, 

tight-fitting full-face respirator equipped 

with N100 (if oil aerosols absent), R100, 

or P100 filters; 

(C) NIOSH-certified powered airpurifying respirator equipped with a 

loose-fitting hood or helmet and high 

efficiency particulate air (HEPA) filters; 

(D) NIOSH-certified powered airpurifying respirator equipped with a 

tight-fitting facepiece (either half-face or 

full-face) and HEPA filters; and 

(E) NIOSH-certified supplied-air 

respirator operated in pressure demand 

or continuous flow mode and equipped 

with a hood or helmet, or tight-fitting 

facepiece (either half-face or full-face). 

(ii) Industrial, commercial, and 

consumer activities. Requirements as 

specified in § 721.80(o). 

(b) Specific requirements. The 

provisions of subpart A of this part 

apply to this section except as modified 

by this paragraph (b). 

(1) Recordkeeping. Recordkeeping 

requirements as specified in 

§ 721.125(a), (b), (c), (d), (e), and (i) are 

applicable to manufacturers and 

processors of this substance. 

(2) Limitations or revocation of 

certain notification requirements. The 

provisions of § 721.185 apply to this 

section. 

■ 7. Add § 721.10640 to subpart E to 

read as follows: 

§ 721.10640 1,2-Cyclohexanedicarboxylic 

acid, 1-(2-ethylhexyl) 2-(2-methylpropyl) 

ester. 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substance identified as 

1,2-cyclohexanedicarboxylic acid, 1-(2- 

ethylhexyl) 2-(2-methylpropyl) ester 

(PMN P–03–135; CAS No. 252958–29–5) 

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), (b)(4), and 

(c)(4) (N=1) 

(ii) [Reserved] 

(b) Specific requirements. The 

provisions of subpart A of this part 

apply to this section except as modified 

by this paragraph (b). 

(1) Recordkeeping. Recordkeeping 

requirements as specified in 

§ 721.125(a), (b), (c), and (k) are 

applicable to manufacturers and 

processors of this substance. 

(2) Limitations or revocation of 

certain notification requirements. The 

provisions of § 721.185 apply to this 

section. 

■ 8. Add § 721.10641 to subpart E to 

read as follows: 

§ 721.10641 Phenol and vinyltoluene 

based hydrocarbon resin (generic). 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substance identified 

generically as phenol and vinyltoluene 

based hydrocarbon resin (PMN P–03– 

255) 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), (b)(4), and 

(c)(4) (N=1). 

(ii) [Reserved] 

(b) Specific requirements. The 

provisions of subpart A of this part 

apply to this section except as modified 

by this paragraph (b). 

(1) Recordkeeping. Recordkeeping 

requirements as specified in 

§ 721.125(a), (b), (c), and (k) are 

applicable to manufacturers and 

processors of this substance. 

(2) Limitations or revocation of 

certain notification requirements. The 

provisions of § 721.185 apply to this 

section. 

■ 9. Add § 721.10642 to subpart E to 

read as follows: 

§ 721.10642 Modified polyisocyanates 

(generic). 

(a) Chemical substance and 

significant new uses subject to reporting. 

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Federal Register / Vol. 79, No. 169 / Tuesday, September 2, 2014 / Rules and Regulations 51907 

(1) The chemical substances identified 

generically as modified polyisocyanates 

(PMNs P–03–762 and P–03–763) 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)(2)(i), (a)(3), (b) 

(concentration set at 0.1 percent), and 

(c). 

(ii) Industrial, commercial, and 

consumer activities. Requirements as 

specified in § 721.80 (f), (o), and (y)(l). 

(b) Specific requirements. The 

provisions of subpart A of this part 

apply to this section except as modified 

by this paragraph (b). 

(1) Recordkeeping. Recordkeeping 

requirements as specified in 

§ 721.125(a), (b), (c), (d), (e), and (i) are 

applicable to manufacturers and 

processors of these substances. 

(2) Limitations or revocation of 

certain notification requirements. The 

provisions of § 721.185 apply to this 

section. 

■ 10. Add § 721.10643 to subpart E to 

read as follows: 

§ 721.10643 Diisocyanate terminated 

polycarbodiimide (generic). 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substance identified 

generically as diisocyanate terminated 

polycarbodiimide (PMN P–04–640) is 

subject to reporting under this section 

for the significant new uses described in 

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

requirements of this section do not 

apply to quantities of the PMN 

substance that have been completely 

reacted (cured). 

(2) The significant new uses are: 

(i) Protection in the workplace. 

Requirements as specified in 

§ 721.63(a)(1), (a)(3), (a)(4), and (a)(6)(ii). 

When determining which persons are 

reasonably likely to be exposed as 

required for § 721.63(a)(1) and (4), 

engineering control measures (e.g., 

enclosure or confinement of the 

operation, general and local ventilation) 

or administrative control measures (e.g., 

workplace policies and procedures) 

shall be considered and implemented to 

prevent or reduce exposure, where 

feasible. A National Institute for 

Occupational Safety and Health 

(NIOSH)-certified supplied-air 

respirator operated in pressure demand 

or other positive pressure mode and 

equipped with a tight-fitting full 

facepiece with an assigned protection 

factor (APF) of at least 2,000 meets the 

minimum requirements § 721.63(a)(4). 

As an alternative to the respiratory 

requirements listed here, a manufacturer 

or processor may choose to follow the 

new chemical exposure limit (NCEL) 

provisions listed in the TSCA section 

5(e) consent order for this substance. 

The NCEL is 0.05 milligram/meter 

cubed (mg/m3). Persons whose § 721.30 

requests to use the NCELs approach are 

approved by EPA will receive NCELs 

provisions comparable to those 

contained in the corresponding TSCA 

section 5(e) consent order. 

(ii) Hazard communication program. 

Requirements as specified in 

§ 721.72(a), (b), (c), (d), (f), (g)(1)(i), 

(g)(1)(ii), (g)(2)(i), (g)(2)(ii), (g)(2)(iii), 

(g)(2)(iv) (use respiratory protection or 

maintain airborne concentrations at or 

below an 8-hour time-weighted average 

of 0.05 mg/m3), (g)(2)(v), and (g)(5). 

(iii) Industrial, commercial, and 

consumer activities. Requirements as 

specified in § 721.80(o). 

(b) Specific requirements. The 

provisions of subpart A of this part 

apply to this section except as modified 

by this paragraph (b). 

(1) Recordkeeping. Recordkeeping 

requirements as specified in 

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

manufacturers and processors of this 

substance. 

(2) Limitations or revocation of 

certain notification requirements. The 

provisions of § 721.185 apply to this 

section. 

■ 11. Add § 721.10644to subpart E to 

read as follows: 

§ 721.10644 Reaction product of aluminum 

hydroxide and modified alkoxysilane 

(generic). 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substance identified 

generically as reaction product of 

aluminum hydroxide and modified 

alkoxysilane (PMN P–07–553) 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)(4), (a)(6)(i), (b) 

(concentrations set at 0.1 percent), and 

(c). When determining which persons 

are reasonably likely to be exposed as 

required for § 721.63(a)(4), engineering 

control measures (e.g., enclosure or 

confinement of the operation, general 

and local ventilation) or administrative 

control measures (e.g., workplace 

policies and procedures) shall be 

considered and implemented to prevent 

or reduce exposure, where feasible. The 

following National Institute for 

Occupational Safety and Health 

(NIOSH)-certified respirators with an 

assigned protection factor (APF) of at 

least 10 meet the requirements of 

§ 721.63(a)(4): 

(A) NIOSH-certified air-purifying, 

tight-fitting half-face respirator 

equipped with N100 (if oil aerosols 

absent), R100, or P100 filters; 

(B) NIOSH-certified air-purifying, 

tight-fitting full-face respirator equipped 

with N100 (if oil aerosols absent), R100, 

or P100 filters; 

(C) NIOSH-certified powered airpurifying respirator equipped with a 

loose- fitting hood or helmet and high 

efficiency particulate air (HEPA) filters; 

(D) NIOSH-certified powered airpurifying respirator equipped with a 

tight-fitting facepiece (either half-face or 

full-face) and HEPA filters; and 

(E) NIOSH-certified supplied-air 

respirator operated in pressure demand 

or continuous flow mode and equipped 

with a hood or helmet, or tight-fitting 

facepiece (either half-face or full-face). 

(ii) Industrial, commercial, and 

consumer activities. Requirements as 

specified in § 721.80(s) (100,000 

kilograms). 

(b) Specific requirements. The 

provisions of subpart A of this part 

apply to this section except as modified 

by this paragraph (b). 

(1) Recordkeeping. Recordkeeping 

requirements as specified in 

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

applicable to manufacturers and 

processors of this substance. 

(2) Limitations or revocation of 

certain notification requirements. The 

provisions of § 721.185 apply to this 

section. 

■ 12. Add § 721.10645 to subpart E to 

read as follows: 

§ 721.10645 Multi-walled carbon nanotube 

(generic) (P–08–0392). 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substance identified 

generically as multi-walled carbon 

nanotube (PMN P–08–392) is subject to 

reporting under this section for the 

significant new uses described in 

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

requirements of this section do not 

apply to quantities of the PMN 

substance that have been completely 

reacted (cured); incorporated or 

embedded into a polymer matrix that 

itself has been completely reacted 

(cured); or embedded in a permanent 

solid polymer form that is not intended 

to undergo further processing except for 

mechanical processing. 

(2) The significant new uses are: 

(i) Protection in the workplace. 

Requirements as specified in 

§ 721.63(a)(1), (a)(2)(i), (a)(2)(ii), (a)(3), 

(a)(4), and (a)(6) (particulate, including 

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solids or liquid droplets). When 

determining which persons are 

reasonably likely to be exposed as 

required for § 721.63(a)(1) and (4), 

engineering control measures (e.g., 

enclosure or confinement of the 

operation, general and local ventilation) 

or administrative control measures (e.g., 

workplace policies and procedures) 

shall be considered and implemented to 

prevent or reduce exposure, where 

feasible. A National Institute for 

Occupational Safety and Health 

(NIOSH)-certified air-purifying, tightfitting full-face respirator equipped with 

N100 filters with an assigned protection 

factor (APF) of at least 50 meet the 

minimum requirements of 

§ 721.63(a)(4). 

(ii) Industrial, commercial, and 

consumer activities. Requirements as 

specified in § 721.80(f), (k), and (q) 

(within 18 months of commencing nonexempt commercial manufacture). 

(b) Specific requirements. The 

provisions of subpart A of this part 

apply to this section except as modified 

by this paragraph (b). 

(1) Recordkeeping. Recordkeeping 

requirements as specified in 

§ 721.125(a), (b), (c), (d), (e), and (i) are 

applicable to manufacturers and 

processors of this substance. 

(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 § 721.1725(b)(1) apply to paragraph 

(a)(2)(ii) of this section. 

■ 13. Add § 721.10646 to subpart E to 

read as follows: 

§ 721.10646 Multi-wall carbon nanotubes 

(generic) (P–09–257). 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substance identified 

generically as multi-wall carbon 

nanotubes (PMN P–09–257) is subject to 

reporting under this section for the 

significant new uses described in 

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

requirements of this section do not 

apply to quantities of the PMN 

substance that have been completely 

reacted (cured); incorporated or 

embedded into a polymer matrix that 

itself has been completely reacted 

(cured); embedded in a permanent solid 

polymer form that is not intended to 

undergo further processing except for 

mechanical processing; or incorporated 

into an article as defined at § 721.3(c). 

(2) The significant new uses are: 

(i) Protection in the workplace. 

Requirements as specified in 

§ 721.63(a)(1), (a)(2)(i), (a)(2)(ii), (a)(3), 

(a)(4), and (a)(6) (particulate, including 

solids or liquid droplets). When 

determining which persons are 

reasonably likely to be exposed as 

required for § 721.63 (a)(1) and (4), 

engineering control measures (e.g., 

enclosure or confinement of the 

operation, general and local ventilation) 

or administrative control measures (e.g., 

workplace policies and procedures) 

shall be considered and implemented to 

prevent or reduce exposure, where 

feasible. A National Institute for 

Occupational Safety and Health 

(NIOSH)-certified air-purifying, tightfitting full-face respirator equipped with 

N100 filters with an assigned protection 

factor (APF) of at least 50 meets the 

minimum requirements of 

§ 721.63(a)(4). 

(ii) Industrial, commercial, and 

consumer activities. Requirements as 

specified in § 721.80(f), (k), and (q). 

(iii) Release to water. Requirements as 

specified in § 721.90(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 (b). 

(1) Recordkeeping. Recordkeeping 

requirements as specified in 

§ 721.125(a), (b), (c), (d), (e), (i), and (k) 

are applicable to manufacturers and 

processors of this substance. 

(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 § 721.1725(b)(1) apply to paragraph 

(a)(2)(ii) of this section. 

■ 14. Add § 721.10647 to subpart E to 

read as follows: 

§ 721.10647 Multi-walled carbon 

nanofibers (generic). 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substance identified 

generically as multi-walled carbon 

nanofibers (PMNs P–10–115, P–10–116, 

P–10–117, P–10–118, P–10–119, P–10– 

120, P–10–121, P–10–122, P–10–123, P– 

10–124, P–10–125, and P–10–126) are 

subject to reporting under this section 

for the significant new uses described in 

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

requirements of this rule do not apply 

to quantities of the PMN substances 

after they have been completely reacted 

(cured); incorporated or embedded into 

a polymer matrix that itself has been 

reacted (cured); embedded into a 

permanent solid polymer form that is 

not intended to undergo further 

processing except for mechanical 

processing; or incorporated into an 

article as defined at 40 CFR 720.3(c). 

(2) The significant new uses are: 

(i) Protection in the workplace. 

Requirements as specified in 

§ 721.63(a)(1), (a)(2)(i), (a)(2)(ii), (a)(3), 

(a)(4), and (a)(6)(i). When determining 

which persons are reasonably likely to 

be exposed as required for § 721.63(a)(1) 

and (4), engineering control measures 

(e.g., enclosure or confinement of the 

operation, general and local ventilation) 

or administrative control measures (e.g., 

workplace policies and procedures) 

shall be considered and implemented to 

prevent or reduce exposure, where 

feasible. A National Institute for 

Occupational Safety and Health 

(NIOSH)-certified air-purifying, tightfitting full-face respirator equipped with 

N100 filters with an assigned protection 

factor (APF) of at least 50 meets the 

minimum requirements of 

§ 721.63(a)(4). 

(ii) Industrial, commercial, and 

consumer activities. Requirements as 

specified in § 721.80(k) (electrical and 

thermal conductivity additive in 

encapsulated thermoplastics, 

thermosets, elastomers, glass, metals, 

and ceramics; mechanical reinforcement 

additive in encapsulated thermoplastics, 

thermosets, elastomers, glass, metals, 

and ceramics; energy storage additive; 

or chemical intermediate), (l), and (q). 

(iii) Release to water. Requirements as 

specified in § 721.90(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 (b). 

(1) Recordkeeping. Recordkeeping 

requirements as specified in 

§ 721.125(a), (b), (c), (d), (e), (i), and (k) 

are applicable to manufacturers and 

processors of these substances. 

(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 § 721.1725(b)(1) apply to paragraph 

(a)(2)(ii) of this section. 

■ 15. Add § 721.10648 to subpart E to 

read as follows: 

§ 721.10648 Modified lithium iron 

phosphates (generic). 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substances identified 

generically as modified lithium iron 

phosphates (PMNs P–10–545 and P–10– 

546) are subject to reporting under this 

section for the significant new uses 

described in paragraph (a)(2) of this 

section. The requirements of this rule do 

not apply to quantities of the PMN 

substances after they have been 

completely reacted (cured), embedded 

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Federal Register / Vol. 79, No. 169 / Tuesday, September 2, 2014 / Rules and Regulations 51909 

or incorporated into a polymer matrix 

that has been reacted (cured), or 

embedded in a permanent solid polymer 

form that is not intended to undergo 

further processing, except mechanical. 

(2) The significant new uses are: 

(i) Protection in the workplace. 

Requirements as specified in 

§ 721.63(a)(4) and (a)(6)(i). When 

determining which persons are 

reasonably likely to be exposed as 

required for § 721.63(a)(1) and (4), 

engineering control measures (e.g., 

enclosure or confinement of the 

operation, general and local ventilation) 

or administrative control measures (e.g., 

workplace policies and procedures) 

shall be considered and implemented to 

prevent or reduce exposure, where 

feasible. A National Institute for 

Occupational Safety and Health 

(NIOSH)-certified air-purifying, tightfitting full-face respirator equipped with 

N100 cartridges meets the minimum 

requirements of § 721.63(a)(4). 

(ii) Industrial, commercial, and 

consumer activities. Requirements as 

specified in § 721.80(k) (battery 

electrode components, contained use) 

and (q). 

(iii) Release to water. Requirements as 

specified in § 721.90(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 (b). 

(1) Recordkeeping. Recordkeeping 

requirements as specified in 

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

applicable to manufacturers and 

processors of these substances. 

(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 § 721.1725(b)(1) apply to paragraph 

(a)(2)(i) of this section. 

■ 16. Add § 721.10649 to subpart E to 

read as follows: 

§ 721.10649 MDI modified polyalkylene 

glycol adipate polyester (generic). 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substance identified 

generically as MDI modified 

polyalkylene glycol adipate polyester 

(PMN P–11–115) 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)(4), (a)(6)(i), (a)(6)(ii), 

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

percent), and (c). When determining 

which persons are reasonably likely to 

be exposed as required for 

§ 721.63(a)(4), engineering control 

measures (e.g., enclosure or 

confinement of the operation, general 

and local ventilation) or administrative 

control measures (e.g., workplace 

policies and procedures) shall be 

considered and implemented to prevent 

or reduce exposure, where feasible. The 

following National Institute for 

Occupational Safety and Health 

(NIOSH)-certified respirators with an 

assigned protection factor (APF) of at 

least 10 meet the requirements of 

§ 721.63(a)(4): 

(A) NIOSH-certified air-purifying, 

tight-fitting half-face respirator 

equipped with N100 (if oil aerosols 

absent), R100, or P100 filters; 

(B) NIOSH-certified air-purifying, 

tight-fitting full-face respirator equipped 

with N100 (if oil aerosols absent), R100, 

or P100 filters; 

(C) NIOSH-certified powered airpurifying respirator equipped with a 

loose- fitting hood or helmet and high 

efficiency particulate air (HEPA) filters; 

(D) NIOSH-certified powered airpurifying respirator equipped with a 

tight-fitting facepiece (either half-face or 

full-face) and HEPA filters; and 

(E) NIOSH-certified supplied-air 

respirator operated in pressure demand 

or continuous flow mode and equipped 

with a hood or helmet, or tight-fitting 

facepiece (either half-face or full-face). 

(ii) Industrial, commercial, and 

consumer activities. Requirements as 

specified in § 721.80(o). 

(b) Specific requirements. The 

provisions of subpart A of this part 

apply to this section except as modified 

by this paragraph (b). 

(1) Recordkeeping. Recordkeeping 

requirements as specified in 

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

applicable to manufacturers and 

processors of this substance. 

(2) Limitations or revocation of 

certain notification requirements. The 

provisions of § 721.185 apply to this 

section. 

■ 17. Add § 721.10651 to subpart E to 

read as follows: 

§ 721.10651 Carbide derived nanocarbon 

(generic). 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substance identified 

generically as carbide derived 

nanocarbon (PMN P–11–290) 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(j) (manufacture of 

the substance by the method described 

in the premanufacture notice). 

(ii) [Reserved] 

(b) Specific requirements. The 

provisions of subpart A of this part 

apply to this section except as modified 

by this paragraph (b). 

(1) Recordkeeping. Recordkeeping 

requirements as specified in 

§ 721.125(a), (b), (c), and (i) are 

applicable to manufacturers and 

processors of this substance. 

(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 § 721.1725(b)(1) apply to paragraph 

(a)(2)(i) of this section. 

■ 18. Add § 721.10652 to subpart E to 

read as follows: 

§ 721.10652 Hexanedioic acid, polymer 

with polyether polyol, 1,1′-methylenebis[4- 

isocyanatobenzene] and dihydroxydialkyl 

ether (generic). 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substance identified 

generically as hexanedioic acid, 

polymer with polyether polyol, 1,1′- 

methylenebis[4-isocyanatobenzene] and 

dihydroxydialkyl ether (PMN P–11–309) 

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)(4), (a)(6)(i), (a)(6)(ii), 

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

percent), and (c). When determining 

which persons are reasonably likely to 

be exposed as required for 

§ 721.63(a)(4), engineering control 

measures (e.g., enclosure or 

confinement of the operation, general 

and local ventilation) or administrative 

control measures (e.g., workplace 

policies and procedures) shall be 

considered and implemented to prevent 

or reduce exposure, where feasible. The 

following National Institute for 

Occupational Safety and Health 

(NIOSH)-certified respirators with an 

assigned protection factor (APF) of at 

least 10 meet the requirements of 

§ 721.63(a)(4): 

(A) NIOSH-certified air-purifying, 

tight-fitting half-face respirator 

equipped with N100 (if oil aerosols 

absent), R100, or P100 filters; 

(B) NIOSH-certified air-purifying, 

tight-fitting full-face respirator equipped 

with N100 (if oil aerosols absent), R100, 

or P100 filters; 

(C) NIOSH-certified powered airpurifying respirator equipped with a 

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loose-fitting hood or helmet and high 

efficiency particulate air (HEPA) filters; 

(D) NIOSH-certified powered airpurifying respirator equipped with a 

tight-fitting facepiece (either half-face or 

full-face) and HEPA filters; and 

(E) NIOSH-certified supplied-air 

respirator operated in pressure demand 

or continuous flow mode and equipped 

with a hood or helmet, or tight-fitting 

facepiece (either half-face or full-face). 

(ii) Industrial, commercial, and 

consumer activities. Requirements as 

specified in § 721.80(o). 

(b) Specific requirements. The 

provisions of subpart A of this part 

apply to this section except as modified 

by this paragraph (b). 

(1) Recordkeeping. Recordkeeping 

requirements as specified in 

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

applicable to manufacturers and 

processors of this substance. 

(2) Limitations or revocation of 

certain notification requirements. The 

provisions of § 721.185 apply to this 

section. 

■ 19. Add § 721.10653 to subpart E to 

read as follows: 

§ 721.10653 Hexanedioic acid, polymer 

with .alpha.-hydro-.omega.- 

hydroxypoly[oxy(methyl-1,2- 

ethanediyl)],1,1′-methylenebis[4- 

isocyanatobenzene], dihydroxydialkyl ether 

and dialkanol ether (generic). 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substance identified 

generically as hexanedioic acid, 

polymer with .alpha.-hydro-.omega.- 

hydroxypoly[oxy(methyl-1,2- 

ethanediyl)],1,1′-methylenebis[4- 

isocyanatobenzene], dihydroxydialkyl 

ether and dialkanol ether (PMN P–09– 

311) 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)(4), (a)(6)(i), (a)(6)(ii), 

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

percent), and (c). When determining 

which persons are reasonably likely to 

be exposed as required for 

§ 721.63(a)(4), engineering control 

measures (e.g., enclosure or 

confinement of the operation, general 

and local ventilation) or administrative 

control measures (e.g., workplace 

policies and procedures) shall be 

considered and implemented to prevent 

or reduce exposure, where feasible. The 

following National Institute for 

Occupational Safety and Health 

(NIOSH)-certified respirators with an 

assigned protection factor (APF) of at 

least 10 meet the requirements of 

§ 721.63(a)(4): 

(A) NIOSH-certified air-purifying, 

tight-fitting half-face respirator 

equipped with N100 (if oil aerosols 

absent), R100, or P100 filters; 

(B) NIOSH-certified air-purifying, 

tight-fitting full-face respirator equipped 

with N100 (if oil aerosols absent), R100, 

or P100 filters; 

(C) NIOSH-certified powered airpurifying respirator equipped with a 

loose-fitting hood or helmet and high 

efficiency particulate air (HEPA) filters; 

(D) NIOSH-certified powered airpurifying respirator equipped with a 

tight-fitting facepiece (either half-face or 

full-face) and HEPA filters; and 

(E) NIOSH-certified supplied-air 

respirator operated in pressure demand 

or continuous flow mode and equipped 

with a hood or helmet, or tight-fitting 

facepiece (either half-face or full-face). 

(ii) Industrial, commercial, and 

consumer activities. Requirements as 

specified in § 721.80(o). 

(b) Specific requirements. The 

provisions of subpart A of this part 

apply to this section except as modified 

by this paragraph (b). 

(1) Recordkeeping. Recordkeeping 

requirements as specified in § 721.125 

(a), (b), (c), (d), and (i) are applicable to 

manufacturers and processors of this 

substance. 

(2) Limitations or revocation of 

certain notification requirements. The 

provisions of § 721.185 apply to this 

section. 

■ 20. Add § 721.10654 to subpart E to 

read as follows: 

§ 721.10654 Hexanedioic acid, polymer 

with .alpha.-hydro-.omega.- 

hydroxypoly[oxy(methyl-1,2- 

ethanediyl)],1,1′- 

methylenebis[isocyanatobenzene], 

dihydroxydialkyl ether and dialkanol ether 

(generic). 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substance identified 

generically as hexanedioic acid, 

polymer with .alpha.-hydro-.omega.- 

hydroxypoly[oxy(methyl-1,2- 

ethanediyl)],1,1′- 

methylenebis[isocyanatobenzene], 

dihydroxydialkyl ether and dialkanol 

ether (PMN P–11–312) 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)(4), (a)(6)(i), (a)(6)(ii), 

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

percent), and (c). When determining 

which persons are reasonably likely to 

be exposed as required for § 721.63 

(a)(4), engineering control measures 

(e.g., enclosure or confinement of the 

operation, general and local ventilation) 

or administrative control measures (e.g., 

workplace policies and procedures) 

shall be considered and implemented to 

prevent or reduce exposure, where 

feasible. The following National 

Institute for Occupational Safety and 

Health (NIOSH)-certified respirators 

with an assigned protection factor (APF) 

of at least 10 meet the requirements of 

§ 721.63(a)(4): 

(A) NIOSH-certified air-purifying, 

tight-fitting half-face respirator 

equipped with N100 (if oil aerosols 

absent), R100, or P100 filters; 

(B) NIOSH-certified air-purifying, 

tight-fitting full-face respirator equipped 

with N100 (if oil aerosols absent), R100, 

or P100 filters; 

(C) NIOSH-certified powered airpurifying respirator equipped with a 

loose-fitting hood or helmet and high 

efficiency particulate air (HEPA) filters; 

(D) NIOSH-certified powered airpurifying respirator equipped with a 

tight-fitting facepiece (either half-face or 

full-face) and HEPA filters; and 

(E) NIOSH-certified supplied-air 

respirator operated in pressure demand 

or continuous flow mode and equipped 

with a hood or helmet, or tight-fitting 

facepiece (either half-face or full-face). 

(ii) Industrial, commercial, and 

consumer activities. Requirements as 

specified in § 721.80(o). 

(b) Specific requirements. The 

provisions of subpart A of this part 

apply to this section except as modified 

by this paragraph (b). 

(1) Recordkeeping. Recordkeeping 

requirements as specified in 

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

applicable to manufacturers and 

processors of this substance. 

(2) Limitations or revocation of 

certain notification requirements. The 

provisions of § 721.185 apply to this 

section. 

■ 21. Add § 721.10655 to subpart E to 

read as follows: 

§ 721.10655 Hexanedioic acid, polymer 

with .alpha.-hydro-.omega.- 

hydroxypoly[oxy(methyl-1,2- 

ethanediyl)],1,1′-methylenebis[4- 

isocyanatobenzene], dihydroxydialkyl ether, 

reaction products with dialkylcarbinol 

(generic). 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substance identified 

generically as hexanedioic acid, 

polymer with .alpha.-hydro-.omega.- 

hydroxypoly[oxy(methyl-1,2- 

ethanediyl)],1,1′-methylenebis[4- 

isocyanatobenzene], dihydroxydialkyl 

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Federal Register / Vol. 79, No. 169 / Tuesday, September 2, 2014 / Rules and Regulations 51911 

ether, reaction products with 

dialkylcarbinol (PMN P–11–313) 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)(4), (a)(6)(i), (a)(6)(ii), 

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

percent), and (c). When determining 

which persons are reasonably likely to 

be exposed as required for § 721.63 

(a)(4), engineering control measures 

(e.g., enclosure or confinement of the 

operation, general and local ventilation) 

or administrative control measures (e.g., 

workplace policies and procedures) 

shall be considered and implemented to 

prevent or reduce exposure, where 

feasible. The following National 

Institute for Occupational Safety and 

Health (NIOSH)-certified respirators 

with an assigned protection factor (APF) 

of at least 10 meet the requirements of 

§ 721.63(a)(4): 

(A) NIOSH-certified air-purifying, 

tight-fitting half-face respirator 

equipped with N100 (if oil aerosols 

absent), R100, or P100 filters; 

(B) NIOSH-certified air-purifying, 

tight-fitting full-face respirator equipped 

with N100 (if oil aerosols absent), R100, 

or P100 filters; 

(C) NIOSH-certified powered airpurifying respirator equipped with a 

loose-fitting hood or helmet and high 

efficiency particulate air (HEPA) filters; 

(D) NIOSH-certified powered airpurifying respirator equipped with a 

tight-fitting facepiece (either half-face or 

full-face) and HEPA filters; and 

(E) NIOSH-certified supplied-air 

respirator operated in pressure demand 

or continuous flow mode and equipped 

with a hood or helmet, or tight-fitting 

facepiece (either half-face or full-face). 

(ii) Industrial, commercial, and 

consumer activities. Requirements as 

specified in § 721.80(o). 

(b) Specific requirements. The 

provisions of subpart A of this part 

apply to this section except as modified 

by this paragraph (b). 

(1) Recordkeeping. Recordkeeping 

requirements as specified in 

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

applicable to manufacturers and 

processors of this substance. 

(2) Limitations or revocation of 

certain notification requirements. The 

provisions of § 721.185 apply to this 

section. 

■ 22. Add § 721.10656 to subpart E to 

read as follows: 

§ 721.10656 Hexanedioic acid, polymer 

with .alpha.-hydro-.omega.- 

hydroxypoly[oxy(methyl-1,2- 

ethanediyl)],1,1′-methylenebis[4- 

isocyanatobenzene], dihydroxydialkyl ether 

reaction products with dialkylcarbinol 

(generic). 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substance identified 

generically as hexanedioic acid, 

polymer with .alpha.-hydro-.omega.- 

hydroxypoly[oxy(methyl-1,2- 

ethanediyl)],1,1′-methylenebis[4- 

isocyanatobenzene], dihydroxydialkyl 

ether reaction products with 

dialkylcarbinol (PMN P–11–314) 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)(4), (a)(6)(i), (a)(6)(ii), 

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

percent), and (c). When determining 

which persons are reasonably likely to 

be exposed as required for 

§ 721.63(a)(4), engineering control 

measures (e.g., enclosure or 

confinement of the operation, general 

and local ventilation) or administrative 

control measures (e.g., workplace 

policies and procedures) shall be 

considered and implemented to prevent 

or reduce exposure, where feasible. The 

following National Institute for 

Occupational Safety and Health 

(NIOSH)-certified respirators with an 

assigned protection factor (APF) of at 

least 10 meet the requirements of 

§ 721.63(a)(4): 

(A) NIOSH-certified air-purifying, 

tight-fitting half-face respirator 

equipped with N100 (if oil aerosols 

absent), R100, or P100 filters; 

(B) NIOSH-certified air-purifying, 

tight-fitting full-face respirator equipped 

with N100 (if oil aerosols absent), R100, 

or P100 filters; 

(C) NIOSH-certified powered airpurifying respirator equipped with a 

loose-fitting hood or helmet and high 

efficiency particulate air (HEPA) filters; 

(D) NIOSH-certified powered airpurifying respirator equipped with a 

tight-fitting facepiece (either half-face or 

full-face) and HEPA filters; and 

(E) NIOSH-certified supplied-air 

respirator operated in pressure demand 

or continuous flow mode and equipped 

with a hood or helmet, or tight-fitting 

facepiece (either half-face or full-face). 

(ii) Industrial, commercial, and 

consumer activities. Requirements as 

specified in § 721.80(o). 

(b) Specific requirements. The 

provisions of subpart A of this part 

apply to this section except as modified 

by this paragraph (b). 

(1) Recordkeeping. Recordkeeping 

requirements as specified in 

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

applicable to manufacturers and 

processors of this substance. 

(2) Limitations or revocation of 

certain notification requirements. The 

provisions of § 721.185 apply to this 

section. 

■ 23. Add § 721.10657 to subpart E to 

read as follows: 

§ 721.10657 Castor oil, polymer with 

hydrogenated vegetable oil, 1,1′- 

methylenebis[isocyanatobenzene] and 

isocyanate (generic). 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substance identified 

generically as castor oil, polymer with 

hydrogenated vegetable oil, 1,1′- 

methylenebis[isocyanatobenzene] and 

isocyanate (PMN P–12–73) 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)(4), (a)(6)(i), (a)(6)(ii), 

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

percent), and (c). When determining 

which persons are reasonably likely to 

be exposed as required for 

§ 721.63(a)(4), engineering control 

measures (e.g., enclosure or 

confinement of the operation, general 

and local ventilation) or administrative 

control measures (e.g., workplace 

policies and procedures) shall be 

considered and implemented to prevent 

or reduce exposure, where feasible. The 

following National Institute for 

Occupational Safety and Health 

(NIOSH)-certified respirators with an 

assigned protection factor (APF) of at 

least 10 meet the requirements of 

§ 721.63(a)(4): 

(A) NIOSH-certified air-purifying, 

tight-fitting half-face respirator 

equipped with N100 (if oil aerosols 

absent), R100, or P100 filters; 

(B) NIOSH-certified air-purifying, 

tight-fitting full-face respirator equipped 

with N100 (if oil aerosols absent), R100, 

or P100 filters; 

(C) NIOSH-certified powered airpurifying respirator equipped with a 

loose-fitting hood or helmet and high 

efficiency particulate air (HEPA) filters; 

(D) NIOSH-certified powered airpurifying respirator equipped with a 

tight-fitting facepiece (either half-face or 

full-face) and HEPA filters; and 

(E) NIOSH-certified supplied-air 

respirator operated in pressure demand 

or continuous flow mode and equipped 

with a hood or helmet, or tight-fitting 

facepiece (either half-face or full-face). 

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51912 Federal Register / Vol. 79, No. 169 / Tuesday, September 2, 2014 / Rules and Regulations 

(ii) Industrial, commercial, and 

consumer activities. Requirements as 

specified in § 721.80(o). 

(b) Specific requirements. The 

provisions of subpart A of this part 

apply to this section except as modified 

by this paragraph (b). 

(1) Recordkeeping. Recordkeeping 

requirements as specified in 

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

applicable to manufacturers and 

processors of this substance. 

(2) Limitations or revocation of 

certain notification requirements. The 

provisions of § 721.185 apply to this 

section. 

■ 24. Add § 721.10658 to subpart E to 

read as follows: 

§ 721.10658 2-Oxepanone, polymer with 

1,6-diisocyanatohexane, 2,2-dimethyl-1,3- 

propanediol and 2,2′-oxybis[ethanol]. 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substance identified as 

2-oxepanone, polymer with 1,6- 

diisocyimatohexane, 2,2-dimethyl-1,3- 

propanediol and 2,2′-oxybis[ethanol] 

(PMN P–12–133; CAS No. 1313708–90– 

5) 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)(4), (a)(6)(i), (a)(6)(ii), 

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

percent), and (c). When determining 

which persons are reasonably likely to 

be exposed as required for 

§ 721.63(a)(4), engineering control 

measures (e.g., enclosure or 

confinement of the operation, general 

and local ventilation) or administrative 

control measures (e.g., workplace 

policies and procedures) shall be 

considered and implemented to prevent 

or reduce exposure, where feasible. The 

following National Institute for 

Occupational Safety and Health 

(NIOSH)-certified respirators with an 

assigned protection factor (APF) of at 

least 10 meet the requirements of 

§ 721.63(a)(4): 

(A) NIOSH-certified air-purifying, 

tight-fitting half-face respirator 

equipped with N100 (if oil aerosols 

absent), R100, or P100 filters; 

(B) NIOSH-certified air-purifying, 

tight-fitting full-face respirator equipped 

with N100 (if oil aerosols absent), R100, 

or P100 filters; 

(C) NIOSH-certified powered airpurifying respirator equipped with a 

loose-fitting hood or helmet and high 

efficiency particulate air (HEPA) filters; 

(D) NIOSH-certified powered airpurifying respirator equipped with a 

tight-fitting facepiece (either half-face or 

full-face) and HEPA filters; and 

(E) NIOSH-certified supplied-air 

respirator operated in pressure demand 

or continuous flow mode and equipped 

with a hood or helmet, or tight-fitting 

facepiece (either half-face or full-face). 

(ii) Industrial, commercial, and 

consumer activities. Requirements as 

specified in § 721.80(o). 

(b) Specific requirements. The 

provisions of subpart A of this part 

apply to this section except as modified 

by this paragraph (b). 

(1) Recordkeeping. Recordkeeping 

requirements as specified in 

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

applicable to manufacturers and 

processors of this substance. 

(2) Limitations or revocation of 

certain notification requirements. The 

provisions of § 721.185 apply to this 

section. 

■ 25. Add § 721.10659 to subpart E to 

read as follows: 

§ 721.10659 Poly(oxy-1,4-butanediyl), 

-hydro-hydroxy-, polymer with 

alkyldiisocyanates (generic). 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substance identified 

generically as poly(oxy-1,4-butanediyl), 

-hydro-hydroxy-, polymer with 

alkyldiisocyanates (PMN P–12–143) 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)(4), (a)(6)(i), (a)(6)(ii), 

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

percent), and (c). When determining 

which persons are reasonably likely to 

be exposed as required for 

§ 721.63(a)(4), engineering control 

measures (e.g., enclosure or 

confinement of the operation, general 

and local ventilation) or administrative 

control measures (e.g., workplace 

policies and procedures) shall be 

considered and implemented to prevent 

or reduce exposure, where feasible. The 

following National Institute for 

Occupational Safety and Health 

(NIOSH)-certified respirators with an 

assigned protection factor (APF) of at 

least 10 meet the requirements of 

§ 721.63(a)(4): 

(A) NIOSH-certified air-purifying, 

tight-fitting half-face respirator 

equipped with N100 (if oil aerosols 

absent), R100, or P100 filters; 

(B) NIOSH-certified air-purifying, 

tight-fitting full-face respirator equipped 

with N100 (if oil aerosols absent), R100, 

or P100 filters; 

(C) NIOSH-certified powered airpurifying respirator equipped with a 

loose-fitting hood or helmet and high 

efficiency particulate air (HEPA) filters; 

(D) NIOSH-certified powered airpurifying respirator equipped with a 

tight-fitting facepiece (either half-face or 

full-face) and HEPA filters; and 

(E) NIOSH-certified supplied-air 

respirator operated in pressure demand 

or continuous flow mode and equipped 

with a hood or helmet, or tight-fitting 

facepiece (either half-face or full-face). 

(ii) Industrial, commercial, and 

consumer activities. Requirements as 

specified in § 721.80(o). 

(b) Specific requirements. The 

provisions of subpart A of this part 

apply to this section except as modified 

by this paragraph (b). 

(1) Recordkeeping. Recordkeeping 

requirements as specified in 

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

applicable to manufacturers and 

processors of this substance. 

(2) Limitations or revocation of 

certain notification requirements. The 

provisions of § 721.185 apply to this 

section. 

■ 26. Add § 721.10660 to subpart E to 

read as follows: 

§ 721.10660 Aliphatic diisocyanate adduct 

with substituted amino alkyl silane 

(generic). 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substance identified 

generically as aliphatic diisocyanate 

adduct with substituted amino alkyl 

silane (PMN P–12–274) 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)(4), (a)(6)(i), (a)(6)(ii), 

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

percent), and (c). When determining 

which persons are reasonably likely to 

be exposed as required for 

§ 721.63(a)(4), engineering control 

measures (e.g., enclosure or 

confinement of the operation, general 

and local ventilation) or administrative 

control measures (e.g., workplace 

policies and procedures) shall be 

considered and implemented to prevent 

or reduce exposure, where feasible. The 

following National Institute for 

Occupational Safety and Health 

(NIOSH)-certified respirators with an 

assigned protection factor (APF) of at 

least 10 meet the requirements of 

§ 721.63(a)(4): 

(A) NIOSH-certified air-purifying, 

tight-fitting half-face respirator 

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Federal Register / Vol. 79, No. 169 / Tuesday, September 2, 2014 / Rules and Regulations 51913 

equipped with N100 (if oil aerosols 

absent), R100, or P100 filters; 

(B) NIOSH-certified air-purifying, 

tight-fitting full-face respirator equipped 

with N100 (if oil aerosols absent), R100, 

or P100 filters; 

(C) NIOSH-certified powered airpurifying respirator equipped with a 

loose- fitting hood or helmet and high 

efficiency particulate air (HEPA) filters; 

(D) NIOSH-certified powered airpurifying respirator equipped with a 

tight-fitting facepiece (either half-face or 

full-face) and HEPA filters; and 

(E) NIOSH-certified supplied-air 

respirator operated in pressure demand 

or continuous flow mode and equipped 

with a hood or helmet, or tight-fitting 

facepiece (either half-face or full-face). 

(ii) Industrial, commercial, and 

consumer activities. Requirements as 

specified in § 721.80(o). 

(b) Specific requirements. The 

provisions of subpart A of this part 

apply to this section except as modified 

by this paragraph (b). 

(1) Recordkeeping. Recordkeeping 

requirements as specified in 

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

applicable to manufacturers and 

processors of this substance. 

(2) Limitations or revocation of 

certain notification requirements. The 

provisions of § 721.185 apply to this 

section. 

[FR Doc. 2014–20783 Filed 8–29–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2014–0589; FRL–9916–04– 

Region–9] 

Finding of Failure To Submit a 

Prevention of Significant Deterioration 

State Implementation Plan Revision for 

Particulate Matter Less Than 2.5 

Micrometers (PM2.5); California; North 

Coast Air Quality Management District 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is finding that the North 

Coast Air Quality Management District 

(NCAQMD or District), located in 

California, has not made a necessary 

Prevention of Significant Deterioration 

(PSD) State Implementation Plan (SIP) 

submission to address the PSD 

permitting of PM2.5 emissions, as 

required by the Clean Air Act (CAA). 

Specifically, the EPA is determining 

that NCAQMD has not submitted a SIP 

revision to address the PM2.5 PSD 

increments and implementing 

regulations as promulgated by EPA on 

October 20, 2010. The deadline for the 

District to make the required submittal 

was July 20, 2012. The CAA requires 

EPA to promulgate a Federal 

Implementation Plan (FIP) to address 

the outstanding PSD SIP elements by no 

later than 24 months after the effective 

date of this finding. EPA is making this 

finding in accordance with section 110 

and part C of the CAA. 

DATES: The effective date of this rule is 

October 2, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Laura Yannayon, Air Division (Air-3), 

Environmental Protection Agency, 

Region 9, 75 Hawthorne St, San 

Francisco, CA 94105. By phone at (415) 

972–3534 or by email at 

yannayon.laura@epa.gov. 

SUPPLEMENTARY INFORMATION: Section 

553 of the Administrative Procedures 

Act (APA), 5 U.S.C. 553(b)(B), provides 

that, when an agency for good cause 

finds that notice and public procedure 

are impracticable, unnecessary, or 

contrary to the public interest, the 

agency may issue a rule without 

providing notice and an opportunity for 

public comment. The EPA has 

determined that there is good cause for 

making this rule final without prior 

proposal and opportunity for comment 

because no significant EPA judgment is 

involved in making a finding of failure 

to submit SIPs, or elements of SIPs, 

required by the CAA, where states have 

made no submissions to meet the 

requirement. No additional fact 

gathering is necessary. Thus, notice and 

public procedure are unnecessary. 

Furthermore, providing notice and 

comment would be impracticable 

because of the limited time provided 

under the CAA for making such 

determinations. EPA believes that 

because of the limited time provided to 

make findings of failure to submit 

regarding SIP submissions, Congress did 

not intend such findings to be subject to 

notice-and-comment rulemaking. 

Finally, notice and comment would be 

contrary to the public interest because it 

would divert Agency resources from the 

critical substantive review of submitted 

SIPs. See 58 FR 51270, 51272, note 17 

(October 1, 1993); 59 FR 39832, 39853 

(August 4, 1994). The EPA finds that 

these constitute good cause under 5 

U.S.C. 553(b)(B). 

Throughout this document wherever 

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

the EPA. 

Table of Contents 

I. Background and Overview 

A. Overview of Relevant PM NAAQS 

Requirements 

B. Revisions to the PSD Program to 

Implement the PM NAAQS 

II. Finding of Failure to Submit 

III. Statutory and Executive Order Reviews 

I. Background and Overview 

A. Overview of Relevant PM NAAQS 

Requirements 

The EPA initially established National 

Ambient Air Quality Standards 

(NAAQS) for particulate matter (PM) 

under section 109 of the CAA in 1971. 

Since then, the EPA has made a number 

of changes to these standards to reflect 

continually expanding scientific 

information. The history of the PM2.5

NAAQS is briefly summarized below. 

• In July 1997, new PM NAAQS were 

added, using PM2.5 as the indicator for 

fine particles. The EPA’s PM10 standards 

were retained for the purpose of 

regulating the coarse fraction of PM10. 

The EPA established two new PM2.5

standards: an annual standard of 15 mg/ 

m3, based on the 3-year average of 

annual arithmetic mean PM2.5

concentrations from single or multiple 

monitors sited to represented 

community-wide air quality and a 24- 

hour standard of 65 mg/m3, based on the 

3-year average of the 98th percentile of 

24-hour PM2.5 concentrations at each 

population-oriented monitor within the 

area. 

• On October 17, 2006, the EPA 

promulgated revisions to the NAAQS 

for PM2.5 and PM10 with an effective 

date of December 18, 2006 (71 FR 

61144). We lowered the 24-hour 

NAAQS for PM2.5 from 65 mg/m3 to 35 

mg/m3, and retained the existing annual 

PM2.5 NAAQS of 15 mg/m3. In addition, 

we retained the existing PM10 24-hour 

NAAQS of 150 mg/m3, and revoked the 

annual PM10 NAAQS (set at 50 mg/m3). 

• On January 15, 2013, the EPA 

promulgated revisions to the NAAQS 

for PM2.5 and PM10 with an effective 

date of March 18, 2013 (78 FR 3086). We 

lowered the annual standard for PM2.5 to 

12 mg/m3 and retained the 24-hour PM2.5

standard at the level of 35 mg/m3. For 

PM10, the EPA retained the current 24- 

hour PM10 primary and secondary 

standards. 

B. Revisions to the PSD Program to 

Implement the PM2.5 NAAQS 

To implement the PM2.5 NAAQS for 

PSD purposes, EPA issued two separate 

final rules that establish the New Source 

Review (NSR) permitting requirements 

for PM2.5: the NSR PM2.5

Implementation Rule promulgated on 

May 16, 2008 (73 FR 28321), and the 

PM2.5 PSD Increments—Significant 

Impact Levels (SILs)—Significant 

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