Federal Register / Vol. 80, No. 111 / Wednesday, June 10, 2015 / Proposed Rules 32879 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: May 28, 2015. 

Mark Hague, 

Acting Regional Administrator, Region 7. 

For the reasons stated in the 

preamble, EPA proposes to amend 40 

CFR part 52 as set forth below: 

Chapter I, title 40 of the Code of 

Federal Regulations is amended as 

follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et. seq. 

Subpart R—KANSAS 

■ 2. In § 52.870 the table in paragraph 

(e) is amended by adding new entry (40) 

at the end of the table to read as follows: 

§ 52.870 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED KANSAS NONREGULATORY PROVISIONS

Name of nonregulatory SIP provision Applicable geographic or 

Nonattainment area 

State 

submittal 

date 

EPA approval date Explanation 

*******

(40) State Implementation Plan (SIP) Revision for 

the Attainment and Maintenance of National Ambient Air Quality Standards for Regional Haze 

(2014 Five-Year Progress Report) 

Statewide ....................... 3/10/15 6/10/15 [Insert Federal 

Register citation].

[FR Doc. 2015–13943 Filed 6–9–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 721 

[EPA–HQ–OPPT–2014–0390; FRL–9927–60] 

RIN 2070–AB27 

Significant New Use Rule on Certain 

Chemical Substances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing significant 

new use rules (SNURs) under the Toxic 

Substances Control Act (TSCA) for 30 

chemical substances which were the 

subject of premanufacture notices 

(PMNs). This action would require 

persons who intend to manufacture 

(including import) or process any of the 

chemical substances for an activity that 

is designated as a significant new use by 

this proposed rule to notify EPA at least 

90 days before commencing that 

activity. The required notification 

would provide EPA with the 

opportunity to evaluate the intended 

use and, if necessary, to prohibit or limit 

the activity before it occurs. 

DATES: Comments must be received on 

or before July 10, 2015. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPPT–2014–0390, by 

one of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. 

Follow the online instructions for 

submitting comments. Do not submit 

electronically any information you 

consider to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

• Mail: Document Control Office 

(7407M), Office of Pollution Prevention 

and Toxics (OPPT), Environmental 

Protection Agency, 1200 Pennsylvania 

Ave. NW., Washington, DC 20460–0001. 

• Hand Delivery: To make special 

arrangements for hand delivery or 

delivery of boxed information, please 

follow the instructions at http://

www.epa.gov/dockets/contacts.html. 

Additional instructions on 

commenting or visiting the docket, 

along with more information about 

dockets generally, is available at 

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

FOR FURTHER INFORMATION CONTACT: For 

technical information contact: Kenneth 

Moss, Chemical Control Division 

(7405M), Office of Pollution Prevention 

and Toxics, Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW., 

Washington, DC 20460–0001; telephone 

number: (202) 564–9232; email address: 

moss.kenneth@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. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you manufacture, process, 

or use the chemical substances 

contained in this proposed rule. The 

following list of North American 

Industrial Classification System 

(NAICS) codes is not intended to be 

exhaustive, but rather provides a guide 

to help readers determine whether this 

document applies to them. Potentially 

affected entities may include: 

• Manufacturers (including 

importers) or processors of one or more 

subject chemical substances (NAICS 

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

manufacturing and petroleum refineries. 

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 and 19 CFR 

127.28. Chemical importers must certify 

that the shipment of the chemical 

substance complies with all applicable 

rules and orders under TSCA. Importers 

of chemicals subject to these SNURs 

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 to 

a proposed or final rule are subject to 

the export notification provisions of 

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

(see § 721.20), and must comply with 

the export notification requirements in 

40 CFR part 707, subpart D. 

B. What should I consider as I prepare 

my comments for EPA? 

1. Submitting CBI. Do not submit this 

information to EPA through 

regulations.gov or email. Clearly mark 


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32880 Federal Register / Vol. 80, No. 111 / Wednesday, June 10, 2015 / Proposed Rules 

the part or all of the information that 

you claim to be CBI. For CBI 

information in a disk or CD–ROM that 

you mail to EPA, mark the outside of the 

disk or CD–ROM as CBI and then 

identify electronically within the disk or 

CD–ROM the specific information that 

is claimed as CBI. In addition to one 

complete version of the comment that 

includes information claimed as CBI, a 

copy of the comment that does not 

contain the information claimed as CBI 

must be submitted for inclusion in the 

public docket. Information so marked 

will not be disclosed except in 

accordance with procedures set forth in 

40 CFR part 2. 

2. Tips for preparing your comments. 

When preparing and submitting your 

comments, see the commenting tips at 

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

comments.html. 

II. Background 

A. What action is the Agency taking? 

EPA is proposing these SNURs under 

TSCA section 5(a)(2) for 30 chemical 

substances which were the subject of 

PMNs P–13–793, P–14–72, P–14–89, P– 

14–90, P–14–91, P–14–92, P–14–158, P– 

14–159, P–14–161, P–14–162, P–14– 

163, P–14–173, P–14–175, P–14–176, P– 

14–177, P–14–178, P–14–179, P–14– 

180, P–14–181, P–14–182, P–14–183, P– 

14–184, P–14–185, P–14–186, P–14– 

187, P–14–188, P–14–190, P–14–191, P– 

14–192, and P–14–193. These SNURs 

would require persons who intend to 

manufacture or process any of these 

chemical substances for an activity that 

is designated as a significant new use to 

notify EPA at least 90 days before 

commencing that activity. In accordance 

with the procedures at § 721.160(c)(3)(i), 

in the Federal Register publication of 

October 27, 2014 (79 FR 63821) (FRL– 

9914–56) EPA issued direct final SNURs 

on these chemical substances, which are 

the subject of PMNs. EPA received 

notices of intent to submit adverse 

comments on these SNURs. Therefore, 

as required by § 721.160(c)(3)(ii), EPA 

withdrew the direct final SNURs in the 

Federal Register of December 23, 2014 

(79 FR 76900) (FRL–9920–6325), and is 

now issuing this proposed rule on these 

30 chemical substances. The records for 

the direct final SNURs on these 30 

chemical substances were established as 

docket EPA–HQ–OPPT–2014–0390. 

Those records include information 

considered by the Agency in developing 

the direct final rule. Adverse comments 

received regarding these substances and 

the direct final rule are discussed in 

Unit IV. 

B. What is the Agency’s authority for 

taking this action? 

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

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

that a use of a chemical substance is a 

‘‘significant new use.’’ EPA must make 

this determination by rule after 

considering all relevant factors, 

including the four bulleted TSCA 

section 5(a)(2) factors listed in Unit III. 

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 

§ 721.5. 

C. Applicability of General Provisions 

General provisions for SNURs appear 

in 40 CFR part 721, subpart A. These 

provisions describe persons subject to 

the rule, recordkeeping requirements, 

exemptions to reporting requirements, 

and applicability of the rule to uses 

occurring before the effective date of the 

final rule. Provisions relating to user 

fees appear at 40 CFR part 700. 

According to § 721.1(c), persons subject 

to these SNURs must comply with the 

same SNUN requirements and EPA 

regulatory procedures as submitters of 

PMNs under TSCA section 5(a)(1)(A). In 

particular, these requirements include 

the information submission 

requirements of TSCA section 5(b) and 

5(d)(1), the exemptions authorized by 

TSCA section 5(h)(1), (h)(2), (h)(3), and 

(h)(5), and the regulations at 40 CFR 

part 720. Once EPA receives a SNUN, 

EPA may take regulatory action under 

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

the activities for which it has received 

the SNUN. If EPA does not take action, 

EPA is required under TSCA section 

5(g) to explain in the Federal Register 

its reasons for not taking action. 

III. 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, and the 

four bulleted TSCA section 5(a)(2) 

factors listed in this unit. 

IV. Substances Subject to This Proposed 

Rule 

EPA is proposing significant new use 

and recordkeeping requirements for 30 

chemical substances in 40 CFR part 721, 

subpart E. In this unit, EPA provides the 

following information for each chemical 

substance: 

• PMN number. 

• Chemical name (generic name, if 

the specific name is claimed as CBI). 

• Chemical Abstracts Service (CAS) 

Registry number (assigned for nonconfidential chemical identities). 

• Public comments and EPA’s 

response to comments on the 30 direct 

final SNURs subject to PMNs P–13–793, 

P–14–72, P–14–89, P–14–90, P–14–91, 

P–14–92, P–14–158, P–14–159, P–14– 

161, P–14–162, P–14–163, P–14–173, P– 

14–175, P–14–176, P–14–177, P–14– 

178, P–14–179, P–14–180, P–14–181, P– 

14–182, P–14–183, P–14–184, P–14– 

185, P–14–186, P–14–187, P–14–188, P– 

14–190, P–14–191, P–14–192, and P– 

14–193 

• Basis for the TSCA non-section 5(e) 

SNURs (i.e., SNURs without TSCA 

section 5(e) consent orders). 

• Tests recommended by EPA to 

provide sufficient information to 

evaluate the chemical substance (see 

Unit VII. for more information). 

• CFR citation assigned in the 

regulatory text section of this proposed 

rule. 

The regulatory text section of this 

proposed rule specifies the activities 

designated as significant new uses. 

Certain new uses, including production 

volume limits (i.e., limits on 

manufacture and importation volume) 

and other uses designated in this 

proposed rule, may be claimed as CBI. 

PMN Number P–13–793 

Chemical name: Functionalized 

carbon nanotubes (generic). 

CAS number: Claimed confidential. 

Public comment: A notice of intent to 

adversely comment has been submitted. 

EPA response: EPA awaits the adverse 

comment during the open comment 


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period for this notice of proposed 

rulemaking. 

Basis for action: The PMN states that 

the substance will be used as a thin film 

for electronic device applications. Based 

on structure activity relationship (SAR) 

analysis of test data on analogous 

carbon nanotubes and other respirable 

poorly soluble particulates, EPA 

identified potential lung effects, 

developmental toxicity, and dermal 

toxicity from exposure to the PMN 

substance via inhalation, dermal, and 

oral routes. Further, EPA predicts 

toxicity to aquatic organisms via 

releases of the PMN substance to surface 

water. Although there is potential for 

dermal exposure, EPA does not expect 

significant occupational exposures due 

to the use of impervious gloves, and 

because the PMN is used in liquid form 

and is not spray applied. Further, EPA 

does not expect environmental releases 

during the use identified in the PMN 

submission. Therefore, EPA has not 

determined that the proposed 

manufacturing, processing, or use of the 

substance may present an unreasonable 

risk human health or the environment. 

EPA has determined, however, that any 

use of the substance without the use of 

impervious gloves, where there is a 

potential for dermal exposure; 

manufacturing the PMN substance for 

use other than as a thin film for 

electronic device applications; 

manufacturing, processing, or using the 

PMN substance in a form other than a 

liquid; use of the PMN substance 

involving an application method that 

generates a mist, vapor, or aerosol; or 

any release of the PMN substance into 

surface waters may cause serious health 

effects or significant adverse 

environmental effects. Based on this 

information, the PMN substance meets 

the concern criteria in § 721.170 

(b)(3)(ii) and (b)(4)(ii). 

Recommended testing: EPA has 

determined that the results of an oral 

and inhalation pharmacokinetic test 

(OPPTS Test Guideline 870.7485); a 90- 

day inhalation toxicity test (OPPTS Test 

Guideline 870.3465); a fish early-life 

stage toxicity test (OPPTS Test 

Guideline 850.1400); a daphnid chronic 

toxicity test (OPPTS Test Guideline 

850.1300); an algal toxicity test (OCSPP 

Test Guideline 850.4500); and a surface 

charge by electrophoresis by either the 

(ASTM Test Guideline E2865–12) or 

measuring the zeta potential of 

nanoparticles (Nanotechnology 

Characterization Library (NCL) Method 

PCC–2) (located in the Docket under 

Docket ID number EPA–HQ–OPPT– 

2014–0390); would help characterize 

the human health and environmental 

effects of the PMN substance. 

CFR citation: 40 CFR 721.10776. 

PMN Number P–14–72 

Chemical name: Propaneperoxoic 

acid, 2,2-dimethyl-, 1,1,3,3- 

tetramethylbutyl ester. 

CAS number: 22288–41–1. 

Public comment: A notice of intent to 

adversely comment has been submitted. 

EPA response: EPA awaits the adverse 

comment during the open comment 

period for this notice of proposed 

rulemaking. 

Basis for action: The PMN states that 

the use of the substance will be as a 

polymerization initiator for the 

production of polyvinyl chloride (PVC) 

and polyethylene resin. Based on test 

data on the PMN substance, as well as 

ecological SAR analysis of test data on 

analogous peroxy esters, EPA predicts 

toxicity to aquatic organisms may occur 

at concentrations that exceed 3 parts per 

billion (ppb) of the PMN substance in 

surface waters. As described in the 

PMN, releases of the substance are not 

expected to result in surface water 

concentrations that exceed 3 ppb. 

Therefore, EPA has not determined that 

the proposed manufacturing, 

processing, or use of the substance may 

present an unreasonable risk. EPA has 

determined, however, that any use of 

the substance resulting in surface waters 

concentrations exceeding 3 ppb may 

result in significant adverse 

environmental effects. Based on this 

information, the PMN substance meets 

the concern criteria at § 721.170 (b)(4)(i) 

and (b)(4)(ii). 

Recommended testing: EPA has 

determined that the results of a ready 

biodegradability test (Organisation for 

Economic Co-operation and 

Development (OECD) Test Guideline 

301C) with product-specific chemical 

analytics to validate the degradation 

products (including intermediate 

products) and the rates of degradation 

(including intermediate degradation 

rates); and a hydrolysis as a function of 

pH and temperature test (OPPTS Test 

Guideline 835.2130) would help 

characterize the environmental effects of 

the PMN substance. 

CFR citation: 40 CFR 721.10780. 

PMN Numbers P–14–89, P–14–90, P–14– 

91, and P–14–92 

Chemical names: Fatty acid amide 

hydrochlorides (generic). 

CAS numbers: Claimed confidential. 

Public comment: A notice of intent to 

adversely comment has been submitted, 

by the PMN submitter. The comment 

expressed concern that EPA’s approach 

for these SNURs changed from that 

transmitted in writing by EPA during 

the PMN review period. As a result, the 

PMN submitter was not given the 

opportunity to discuss, provide 

pertinent information on, respond to, or 

comment on this change. 

EPA response: EPA met with the PMN 

submitter on December 17, 2014 to 

discuss procedural and policy issues 

raised in connection with the 

withdrawn SNURs. EPA awaits formal 

comment during the open comment 

period for this proposed rule. 

Basis for action: The consolidated 

PMN states that the substances will be 

used as surfactants for use in asphalt 

emulsions. Based on ecological SAR 

analysis of test data on analogous 

aliphatic amines, EPA predicts toxicity 

to aquatic organisms may occur at 

concentrations that exceed the following 

values of the PMN substances in surface 

waters: 

PMN No. Concentration 

of concern 

P–14–89, P–14–92 ............... 110 ppb. 

P–14–90 ................................ 240 ppb. 

P–14–91 ................................ 53 ppb. 

For the use described in the PMNs, 

releases of the substances are not 

expected to result in surface water 

concentrations that exceed these values. 

Therefore, EPA has not determined that 

the proposed manufacturing, 

processing, or use of the substance may 

present an unreasonable risk. EPA has 

determined, however, that any use of 

the substances resulting in surface water 

concentrations exceeding the 

aforementioned concentrations of 

concern may result in significant 

adverse environmental effects. Based on 

this information, the PMN substances 

meet the concern criteria at 

§ 721.170(b)(4)(ii). 

Recommended testing: EPA has 

determined that the results of a fish 

acute toxicity test, freshwater and 

marine (OPPTS Test Guideline 

850.1075); an aquatic invertebrate acute 

toxicity test, freshwater daphnids 

(OPPTS Test Guideline 850.1010); and 

an algal toxicity test (OCSPP Test 

Guideline 850.4500) would help 

characterize the environmental effects of 

the PMN substances. EPA also 

recommends that the guidance 

document on aquatic toxicity testing of 

difficult substances and mixtures (OECD 

Test Guideline 23) be followed. 

CFR citation: 40 CFR 721.10781. 

PMN Numbers P–14–158, P–14–159, P– 

14–161, P–14–162, and P–14–163 

Chemical names: Fatty acid amides 

(generic). 

CAS numbers: Claimed confidential. 

Public comment: A notice of intent to 

adversely comment has been submitted, 


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by the PMN submitter. The comment 

expressed concern that EPA’s approach 

for these SNURs changed from that 

transmitted in writing by EPA during 

the PMN review period. As a result, the 

PMN submitter was not given the 

opportunity to discuss, provide 

pertinent information on, respond to, or 

comment on this change. 

EPA response: EPA met with the PMN 

submitter on December 17, 2014 to 

discuss procedural and policy issues 

raised in connection with the 

withdrawn SNURs. EPA awaits formal 

comment during the open comment 

period for this proposed rule. 

Basis for action: The consolidated 

PMN states that the substances will be 

used as chemical intermediates and 

additives for flotation products. Based 

on ecological SAR analysis of test data 

on analogous amides and aliphatic 

amines, EPA predicts toxicity to aquatic 

organisms may occur at concentrations 

that exceed the following values of the 

PMN substances in surface waters: 

PMN No. Concentration 

of concern 

P–14–158, P–14–159, P–14– 

161, P–14–163.

1 ppb. 

P–14–162 .............................. 140 ppb. 

For the use described in the PMNs, 

releases of the substances are not 

expected to result in surface water 

concentrations that exceed these values. 

Therefore, EPA has not determined that 

the proposed manufacturing, 

processing, or use of the substance may 

present an unreasonable risk. EPA has 

determined, however, that any use of 

the substances resulting in surface water 

concentrations exceeding the 

aforementioned concentrations of 

concern may result in significant 

adverse environmental effects. Based on 

this information, the PMN substances 

meet the concern criteria at 

§ 721.170(b)(4)(ii). 

Recommended testing: EPA has 

determined that the results of (1) a water 

solubility: Column elution method; 

shake flask method test (OPPTS Test 

Guideline 830.7840) or a water 

solubility generator column method test 

(OPPTS Test Guideline 830.7860); and 

(2) a determination of the partition 

coefficient (n-octanol/water) by shake 

flask method (OPPTS Test Guideline 

830.7550), or generator column method 

(OPPTS Test Guideline 830.7560), or 

estimation by liquid chromatography 

(OPPTS Test Guideline 830.7570) would 

help characterize the physical/chemical 

properties of the PMN substances. 

Depending upon the results of these 

data, the results of a fish early-life stage 

toxicity test (OPPTS Test Guideline 

850.1400); a daphnid chronic toxicity 

test (OPPTS Test Guideline 850.1300); 

and an algal toxicity test (OCSPP Test 

Guideline 850.4500) may be 

recommended to help characterize the 

environmental effects of the PMN 

substances. 

CFR citation: 40 CFR 721.10782. 

PMN Numbers P–14–173, P–14–175, P– 

14–176, P–14–177, P–14–178, P–14–179, 

P–14–180, P–14–181, P–14–182, P–14– 

183, P–14–184, P–14–185, P–14–186, P– 

14–187, P–14–188, P–14–190, P–14–191, 

P–14–192, and P–14–193 

Chemical names: Fatty acid amide 

acetates (generic). 

CAS numbers: Claimed confidential. 

Public comment: A notice of intent to 

adversely comment has been submitted, 

by the PMN submitter. The comment 

expressed concern that EPA’s approach 

for these SNURs changed from that 

transmitted in writing by EPA during 

the PMN review period. As a result, the 

PMN submitter was not given the 

opportunity to discuss, provide 

pertinent information on, respond to, or 

comment on this change. 

EPA response: EPA met with the PMN 

submitter on December 17, 2014 to 

discuss procedural and policy issues 

raised in connection with the 

withdrawn SNURs. EPA awaits formal 

comment during the open comment 

period for this proposed rule. 

Basis for action: The PMNs state that 

the substances will be used as flotation 

additives for use in mineral processing. 

Based on ecological SAR analysis of test 

data on analogous amides and aliphatic 

amines, EPA predicts toxicity to aquatic 

organisms may occur at concentrations 

that exceed the following values of the 

PMN substances in surface waters: 

PMN No. Concentration 

of concern 

P–14–173, P–14–175, P–14– 

178, P–14–179, P–14–181, 

P–14–183, P–14–184, P– 

14–192, P–14–193.

1 ppb. 

P–14–176, P–14–180, P–14– 

185, P–14–186, P–14–187, 

P–14–190.

2 ppb. 

P–14–177, P–14–188 ........... 3 ppb. 

P–14–191 .............................. 4 ppb. 

P–14–182 .............................. 140 ppb. 

For the use described in the PMNs, 

releases of the substances are not 

expected to result in surface water 

concentrations that exceed these values. 

Therefore, EPA has not determined that 

the proposed manufacturing, 

processing, or use of the substance may 

present an unreasonable risk. EPA has 

determined, however, that any use of 

the substances resulting in surface water 

concentrations exceeding the 

aforementioned concentrations of 

concern may result in significant 

adverse environmental effects. Based on 

this information, the PMN substances 

meet the concern criteria at 

§ 721.170(b)(4)(ii). 

Recommended testing: EPA has 

determined that the results of a fish 

acute toxicity test, freshwater and 

marine (OPPTS Test Guideline 

850.1075); an aquatic invertebrate acute 

toxicity test, freshwater daphnids 

(OPPTS Test Guideline 850.1010); and 

an algal toxicity test (OCSPP Test 

Guideline 850.4500) on P–14–184, and 

any one of the remaining PMN 

substances, would help characterize the 

environmental effects of the PMN 

substances. Further, EPA determined 

that the results of a fish acute toxicity 

mitigated by humic acid test (OPPTS 

Test Guideline 850.1085) on PMN 

P–14–184 would help characterize the 

environmental effects of the PMN 

substance. EPA also recommends that 

the guidance document on aquatic 

toxicity testing of difficult substances 

and mixtures (OECD Test Guideline 23) 

be followed. 

CFR citation: 40 CFR 721.10783. 

V. Rationale and Objectives of the 

Proposed Rule 

A. Rationale 

During review of the PMNs submitted 

for the chemical substances that are 

subject to these SNURs, EPA 

determined that one or more of the 

criteria of concern established at 

§ 721.170 were met. For additional 

discussion on these chemical 

substances, see Units II. and IV. of this 

proposed rule. 

B. Objectives 

EPA is proposing these SNURs for 

specific chemical substances which 

have undergone premanufacture review 

because the Agency wants to achieve 

the following objectives with regard to 

the significant new uses designated in 

this proposed rule: 

• EPA would 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 would 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 would be able to regulate 

prospective manufacturers or processors 

of a listed chemical substance before the 


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described significant new use of that 

chemical substance occurs, provided 

that regulation is warranted pursuant to 

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

Issuance of a SNUR for a chemical 

substance does not signify that the 

chemical substance is listed on the 

TSCA Chemical Substance Inventory 

(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. 

VI. Applicability of the Proposed Rule 

to Uses Occurring Before the Effective 

Date of the Final Rule 

To establish a significant new use, 

EPA must determine that the use is not 

ongoing. The chemical substances 

subject to this proposed rule have 

undergone premanufacture review. In 

cases where EPA has not received a 

notice of commencement (NOC) and the 

chemical substance has not been added 

to the TSCA Inventory, no person may 

commence such activities without first 

submitting a PMN. Therefore, for 

chemical substances for which an NOC 

has not been submitted EPA concludes 

that the designated significant new uses 

are not ongoing. 

When chemical substances identified 

in this proposed rule are added to the 

TSCA Inventory, EPA recognizes that, 

before the rule is effective, other persons 

might engage in a use that has been 

identified as a significant new use. The 

identities of 29 of the 30 chemical 

substances subject to this proposed rule 

have been claimed as confidential and 

EPA has received no post-PMN bona 

fide submissions (per §§ 720.25 and 

721.11). Based on this, the Agency 

believes that it is highly unlikely that 

any of the significant new uses 

described in the regulatory text of this 

proposed rule are ongoing. 

Therefore, EPA designates June 10, 

2015 as the cutoff date for determining 

whether the new use is ongoing. Persons 

who begin commercial manufacture or 

processing of the chemical substances 

for a significant new use identified as of 

that date would have to cease any such 

activity upon the effective date of the 

final rule. To resume their activities, 

these persons would have to first 

comply with all applicable SNUR 

notification requirements and wait until 

the notice review period, including any 

extensions, expires. If such a person met 

the conditions of advance compliance 

under § 721.45(h), the person would be 

considered exempt from the 

requirements of the SNUR. Consult the 

Federal Register document of April 24, 

1990 (55 FR 17376) for a more detailed 

discussion of the cutoff date for ongoing 

uses. 

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. 

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. To 

access the OCSPP test guidelines 

referenced in this document 

electronically, please go to http://

www.epa.gov/ocspp and select ‘‘Test 

Methods and Guidelines.’’ The 

Organisation for Economic Co-operation 

and Development (OECD) test 

guidelines are available from the OECD 

Bookshop at http://

www.oecdbookshop.org or SourceOECD 

at http://www.sourceoecd.org. ASTM 

International standards are available at 

http://www.astm.org/Standard/

index.shtml. 

The recommended tests specified in 

Unit IV. may not be the only means of 

addressing the potential risks of the 

chemical substance. However, 

submitting a SNUN without any test 

data may increase the likelihood that 

EPA will take action under TSCA 

section 5(e), particularly if satisfactory 

test results have not been obtained from 

a prior PMN or SNUN submitter. EPA 

recommends that potential SNUN 

submitters contact EPA early enough so 

that they will be able to conduct the 

appropriate tests. 

SNUN submitters should be aware 

that EPA will be better able to evaluate 

SNUNs which provide detailed 

information on the following: 

• Human exposure and 

environmental release that may result 

from the significant new use of the 

chemical 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 § 721.1(c), persons 

submitting a SNUN must comply with 

the same notification 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 720.40 

and 721.25. 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 subject to 

this proposed rule, 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–2014–0390. 

X. Statutory and Executive Order 

Reviews 

A. Executive Order 12866 

This proposed rule would establish 

SNURs for 30 chemical substances that 

were the subject of PMNs. 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 (PRA) 

According to PRA (44 U.S.C. 3501 et 

seq.), an agency may not conduct or 

sponsor, and a person is not required to 

respond to a collection of information 

that requires OMB approval under PRA, 

unless it has been approved by OMB 

and displays a currently valid OMB 

control number. The OMB control 

numbers for EPA’s regulations in title 40 

of the CFR, after appearing in the 

Federal Register, are listed in 40 CFR 

part 9, and included on the related 

collection instrument or form, if 

applicable. 

The information collection 

requirements related to this proposed 

rule have already been approved by 

OMB pursuant to PRA under OMB 

control number 2070–0012 (EPA ICR 

No. 574). This proposed rule would not 

impose any burden requiring additional 

OMB approval. If an entity were to 


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32884 Federal Register / Vol. 80, No. 111 / Wednesday, June 10, 2015 / Proposed Rules 

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 (RFA) 

On February 18, 2012, EPA certified 

pursuant to RFA section 605(b) (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 SNUR submitted by any small 

entity would not cost significantly more 

than $8,300. 

A copy of that certification is 

available in the docket for this proposed 

rule. 

This proposed 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 $8,300. 

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 

(UMRA) 

Based on EPA’s experience with 

proposing and finalizing SNURs, State, 

local, and Tribal governments have not 

been impacted by these rulemakings, 

and EPA does not have any reasons to 

believe that any State, local, or Tribal 

government would be impacted by this 

proposed rule. As such, EPA has 

determined that this proposed rule 

would not impose any enforceable duty, 

contain any unfunded mandate, or 

otherwise have any effect on small 

governments subject to the requirements 

of UMRA sections 202, 203, 204, or 205 

(2 U.S.C. 1501 et seq.). 

E. Executive Order 13132 

This proposed rule would 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 proposed rule would not have 

Tribal implications because it is not 

expected to have substantial direct 

effects on Indian Tribes. This proposed 

rule would not significantly nor 

uniquely affect the communities of 

Indian Tribal governments, nor would 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 proposed rule. 

G. Executive Order 13045 

This proposed rule 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 

proposed rule does not address 

environmental health or safety risks 

disproportionately affecting children. 

H. Executive Order 13211 

This proposed rule 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 proposed rule is 

not expected to affect energy supply, 

distribution, or use and because this 

proposed rule is not a significant 

regulatory action under Executive Order 

12866. 

I. National Technology Transfer and 

Advancement Act (NTTAA) 

In addition, since this proposed rule 

would not involve any technical 

standards, NTTAA section 12(d) (15 

U.S.C. 272 note), would not apply to 

this proposed rule. 

J. Executive Order 12898 

This proposed rule 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). 

List of Subjects in 40 CFR Part 721 

Environmental protection, Chemicals, 

Hazardous substances, Reporting and 

recordkeeping requirements. 

Dated: June 1, 2015. 

Maria J. Doa, 

Director, Chemical Control Division, Office 

of Pollution Prevention and Toxics. 

Therefore, it is proposed that 40 CFR 

chapter I be amended as follows: 

PART 721—[AMENDED] 

■ 1. The authority citation for part 721 

continues to read as follows: 

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

2625(c). 

■ 2. Add § 721.10776 to subpart E to 

read as follows: 

§ 721.10776 Functionalized carbon 

nanotubes (generic). 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substance identified 

generically as functionalized carbon 

nanotubes (PMN P–13–793) 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 after they 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)(2)(i), and (a)(3). When 

determining which persons are 

reasonably likely to be exposed as 

required for § 721.63 (a)(1), 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. 

(ii) Industrial, commercial, and 

consumer activities. Requirements as 

specified in § 721.80(j) (a significant 

new use is use other than as a thin film 

for electronic device applications), 

(v)(1), (v)(2), (w)(1), (w)(2), (x)(1), (x)(2), 

and (y)(1). 


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Federal Register / Vol. 80, No. 111 / Wednesday, June 10, 2015 / Proposed Rules 32885 

(iii) Release to water. Requirements as 

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

(c)(1). 

(b) Specific requirements. The 

provisions of subpart A of this part 

apply to this section except as modified 

by this paragraph. 

(1) Recordkeeping. Recordkeeping 

requirements as specified in 

§ 721.125(a) through (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. Add § 721.10780 to subpart E to 

read as follows: 

§ 721.10780 Propaneperoxoic acid, 2,2- 

dimethyl-, 1,1,3,3-tetramethylbutyl ester. 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substance identified as 

propaneperoxoic acid, 2,2-dimethyl-, 

1,1,3,3-tetramethylbutyl ester (PMN P– 

14–72; CAS No. 22288–41–1) 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=3). 

(ii) [Reserved] 

(b) Specific requirements. The 

provisions of subpart A of this part 

apply to this section except as modified 

by this paragraph. 

(1) Recordkeeping. 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. 

■ 4. Add § 721.10781 to subpart E to 

read as follows: 

§ 721.10781 Fatty acid amide 

hydrochlorides (generic). 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substance identified 

generically as fatty acid amide 

hydrochlorides (PMNs P–14–89, P–14– 

90, P–14–91 and P–14–92) 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) Release to water. Requirements as 

specified in § 721.90(a)(4), (b)(4), and 

(c)(4) (where N = 110 for PMNs P–14– 

89 and P–14–92; N = 240 for PMN P– 

14–90; N = 53 for PMN P–14–91). 

(ii) [Reserved] 

(b) Specific requirements. The 

provisions of subpart A of this part 

apply to this section except as modified 

by this paragraph. 

(1) Recordkeeping. Recordkeeping 

requirements as specified in 

§ 721.125(a), (b), (c), 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. 

■ 5. Add § 721.10782 to subpart E to 

read as follows: 

§ 721.10782 Fatty acid amides (generic). 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substance identified 

generically as fatty acid amides (PMN 

P–14–158, P–14–159, P–14–161, P–14– 

162, and P–14–163) 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) Release to water. Requirements as 

specified in § 721.90(a)(4), (b)(4), and 

(c)(4) (where N = 1 for PMNs P–14–158, 

P–14–159, P–14–161, and P–14–163; N 

= 140 for PMN P–14–162). 

(ii) [Reserved] 

(b) Specific requirements. The 

provisions of subpart A of this part 

apply to this section except as modified 

by this paragraph. 

(1) Recordkeeping. Recordkeeping 

requirements as specified in 

§ 721.125(a), (b), (c), 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. 

■ 6. Add § 721.10783 to subpart E to 

read as follows: 

§ 721.10783 Fatty acid amide acetates 

(generic). 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substance identified 

generically as fatty acid amide acetates 

(PMNs P–14–173, P–14–175, P–14–176, 

P–14–177, P–14–178, P–14–179, P–14– 

180, P–14–181, P–14–182, P–14–183, P– 

14–184, P–14–185, P–14–186, P–14– 

187, P–14–188, P–14–190, P–14–191, P– 

14–192 and P–14–193) 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) Release to water. Requirements as 

specified in § 721.90(a)(4), (b)(4), and 

(c)(4) (where N = concentration of 

concern as follows): 

PMN No. Concentration 

of concern 

P–14–173, P–14–175, P–14– 

178, P–14–179, P–14–181, 

P–14–183, P–14–184, P– 

14–192, P–14–193.

1 ppb. 

P–14–176, P–14–180, P–14– 

185, P–14–186, P–14–187, 

P–14–190.

2 ppb. 

P–14–177, P–14–188 ........... 3 ppb. 

P–14–191 .............................. 4 ppb. 

P–14–182 .............................. 140 ppb. 

(ii) [Reserved] 

(b) Specific requirements. The 

provisions of subpart A of this part 

apply to this section except as modified 

by this paragraph. 

(1) Recordkeeping. Recordkeeping 

requirements as specified in 

§ 721.125(a), (b), (c), 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. 

[FR Doc. 2015–13941 Filed 6–9–15; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 64 

[CG Docket No. 10–210; FCC 15–58] 

Relay Services for Deaf-Blind 

Individuals 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: In this document, the 

Commission proposes to amend its rules 

to continue the National Deaf-Blind 

Equipment Distribution Program 

(NDBEDP) on a permanent basis. The 

NDBEDP is currently a pilot program 

that supports the distribution of 

communications devices to low-income 

individuals who are deaf-blind. 

DATES: Comments are due July 27, 2015 

and reply comments are due August 10, 

2015. 

ADDRESSES: You may submit comments, 

identified by CG Docket No. 10–210, by 

any of the following methods: 

• Electronic Filers: Comments may be 

filed electronically using the Internet by 

accessing the Commission’s Electronic 

Comment Filing System (ECFS), through 

the Commission’s Web site http://

fjallfoss.fcc.gov/ecfs2/. Filers should 

follow the instructions provided on the 

Web site for submitting comments. For 

ECFS filers, in completing the 


asabaliauskas on DSK5VPTVN1PROD with PROPOSALS