16706 Federal Register / Vol. 75, No. 63 / Friday, April 2, 2010 / Proposed Rules 

(e) Enforcement period. This section 

will be enforced from 6 a.m. to 5 p.m. 

on June 9, 2010 unless cancelled earlier 

by the Captain of the Port. 

Dated: March 22, 2010. 

A. Popiel, 

Captain, U.S. Coast Guard, Captain of the 

Port North Carolina. 

[FR Doc. 2010–7427 Filed 4–1–10; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2008–0089; FRL–9132–2] 

Approval and Promulgation of 

Implementation Plans; Texas; 

Revisions to Voiding of Permits and 

Extension of Permits 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

severable portions of a submittal from 

the State of Texas, through the Texas 

Commission on Environmental Quality 

(TCEQ), on September 25, 2003, to 

revise the Texas Major and Minor New 

Source Review (NSR) State 

Implementation Plan (SIP). Within this 

SIP submittal, the State repealed a 

paragraph of the SIP rule pertaining to 

the Texas Major and Minor NSR SIP and 

renumbered the SIP rule’s paragraphs. 

We are proposing to approve the new 

replacement rule as meeting the Major 

and Minor NSR SIP requirements for 

voiding of permits. 

We are also proposing to approve the 

portion of the revision that addresses 

the recodification of the provision 

relating to the granting of one 18-month 

extension of a permit as meeting the 

Major and Minor NSR SIP requirement 

for extensions of permits. The revision 

imposes requirements on permitees, 

requiring a review of the permit’s 

underlying permit determinations 

before this SIP-approved extension can 

be granted. Finally, the revision 

provides for a second permit extension 

if certain conditions are met, including 

a health effects review. EPA is 

proposing to approve the new 

replacement rule for this second permit 

extension as meeting the Major and 

Minor NSR and NNSR SIP 

requirements. 

EPA finds that these changes to the 

Texas SIP comply with the Federal 

Clean Air Act (the Act or CAA) and EPA 

regulations, are consistent with EPA 

policies, and will improve air quality. 

This action is being proposed under 

section 110 and parts C and D of the 

Act. 

DATES: Comments must be received on 

or before May 3, 2010. 

ADDRESSES: Comments may be mailed to 

Mr. Jeff Robinson, Chief, Air Permits 

Section (6PD–R), Environmental 

Protection Agency, 1445 Ross Avenue, 

Suite 1200, Dallas, Texas 75202–2733. 

Comments may also be submitted 

electronically or through hand delivery/ 

courier by following the detailed 

instructions in the ADDRESSES section of 

the direct final rule located in the rules 

section of the Federal Register. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions concerning today’s 

proposal, please contact Ms. Melanie 

Magee (6PD–R), Air Permits Section, 

Environmental Protection Agency, 

Region 6, 1445 Ross Avenue (6PD–R), 

Suite 1200, Dallas, TX 75202–2733. The 

telephone number is (214) 665–7161. 

Ms. Magee can also be reached via 

electronic mail at 

magee.melanie@epa.gov. 

SUPPLEMENTARY INFORMATION: In the 

final rules section of this Federal 

Register, EPA is approving the State’s 

SIP submittal as a direct final rule 

without prior proposal because the 

Agency views this as a noncontroversial 

submittal and anticipates no relevant 

adverse comments. A detailed rationale 

for the approval is set forth in the direct 

final rule. If no adverse comments are 

received in response to this action, no 

further activity is contemplated. If EPA 

receives relevant adverse comments, the 

direct final rule will be withdrawn and 

all public comments received will be 

addressed in a subsequent final rule 

based on this proposed rule. EPA will 

not institute a second comment period. 

Any parties interested in commenting 

on this action should do so at this time. 

Please note that if EPA receives adverse 

comment on an amendment, paragraph, 

or section of the rule, and if that 

provision may be severed from the 

remainder of the rule, EPA may adopt 

as final those provisions of the rule that 

are not the subject of an adverse 

comment. 

For additional information, see the 

direct final rule which is located in the 

rules section of this Federal Register. 

Dated: March 24, 2010. 

Lawrence E. Starfield, 

Acting Regional Administrator, Region 6. 

[FR Doc. 2010–7212 Filed 4–1–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 721 

[EPA–HQ–OPPT–2008–0918; FRL–8818–2] 

RIN 2070–AB27 

Proposed Significant New Use Rule for 

1-Propene, 2,3,3,3-tetrafluoroAGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing a significant 

new use rule (SNUR) under section 

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

Act (TSCA) for the chemical substance 

identified as 1-Propene, 2,3,3,3- 

tetrafluoro- (CAS No. 754–12–1) which 

was subject to premanufacture notice 

(PMN) P–07–601. This proposed rule 

would require persons who intend to 

manufacture, import, or process the 

substance for an activity that is 

designated as a significant new use 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 May 3, 2010. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPPT–2008–0918, by 

one of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• 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: OPPT Document 

Control Office (DCO), EPA East Bldg., 

Rm. 6428, 1201 Constitution Ave., NW., 

Washington, DC. Attention: Docket ID 

Number EPA–HQ–OPPT–2008–0918. 

The DCO is open from 8 a.m. to 4 p.m., 

Monday through Friday, excluding legal 

holidays. The telephone number for the 

DCO is (202) 564–8930. Such deliveries 

are only accepted during the DCO’s 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

docket ID number EPA–HQ–OPPT– 

2008–0918. EPA’s policy is that all 

comments received will be included in 

the docket without change and may be 

made available on-line at http:// 

www.regulations.gov, including any 

personal information provided, unless 


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the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through regulations.gov or email. The regulations.gov website is an 

‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through 

regulations.gov, your e-mail address 

will be automatically captured and 

included as part of the comment that is 

placed in the docket and made available 

on the Internet. If you submit an 

electronic comment, EPA recommends 

that you include your name and other 

contact information in the body of your 

comment and with any disk or CD-ROM 

you submit. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. 

Docket: All documents in the docket 

are listed in the docket index available 

at http://www.regulations.gov. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available electronically at 

http://www.regulations.gov, or, if only 

available in hard copy, at the OPPT 

Docket. The OPPT Docket is located in 

the EPA Docket Center (EPA/DC) at Rm. 

3334, EPA West Bldg., 1301 

Constitution Ave., NW., Washington, 

DC. The EPA/DC Public Reading Room 

hours of operation are 8:30 a.m. to 4:30 

p.m., Monday through Friday, excluding 

legal holidays. The telephone number of 

the EPA/DC Public Reading Room is 

(202) 566–1744, and the telephone 

number for the OPPT Docket is (202) 

566–0280. Docket visitors are required 

to show photographic identification, 

pass through a metal detector, and sign 

the EPA visitor log. All visitor bags are 

processed through an X-ray machine 

and subject to search. Visitors will be 

provided an EPA/DC badge that must be 

visible at all times in the building and 

returned upon departure. 

FOR FURTHER INFORMATION CONTACT: For 

general information contact: Colby 

Lintner, Regulatory Coordinator, 

Environmental Assistance Division 

(7408M), Office of Pollution Prevention 

and Toxics, Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460–0001; telephone 

number: (202) 554–1404; e-mail address: 

TSCA-Hotline@epa.gov. 

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; e-mail address: 

moss.kenneth@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, import, 

process, or use the chemical substance 

contained in this proposed rule. 

Potentially affected entities may 

include, but are not limited to: 

• Manufacturers, importers, or 

processors of the subject chemical 

substance (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 

§ 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 and 19 CFR 

127.28 (the corresponding EPA policy 

appears at 40 CFR part 707, subpart B). 

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 a final SNUR must 

certify their compliance with the SNUR 

requirements. In addition, any persons 

who export or intend to export a 

chemical substance that is the subject of 

this proposed rule on or after May 3, 

2010 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 e-mail. Clearly mark 

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 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 submitting comments, remember 

to: 

i. Identify the document by docket ID 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

ii. Follow directions. The Agency may 

ask you to respond to specific questions 

or organize comments by referencing a 

Code of Federal Regulations (CFR) part 

or section number. 

iii. Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

iv. Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

v. If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

vi. Provide specific examples to 

illustrate your concerns and suggest 

alternatives. 

vii. Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

viii. Make sure to submit your 

comments by the comment period 

deadline identified. 

II. Background 

A. What Action is the Agency Taking? 

EPA is proposing a significant new 

use rule (SNUR) under section 5(a)(2) of 

TSCA for the chemical substance 


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identified as 1-Propene, 2,3,3,3- 

tetrafluoro- (PMN P–07–601; CAS No. 

754–12–1). This SNUR would require 

persons who intend to manufacture, 

import, or process the chemical 

substance for any activity designated as 

a significant new use to notify EPA at 

least 90 days before commencing the 

activity. 

In the Federal Register of February 1, 

2010 (75 FR 4983) (FRL–8438–4), EPA 

issued a direct final SNUR for the 

substance in accordance with the 

procedures at § 721.170(d)(4)(i). EPA 

received notice of intent to submit 

adverse comments on this SNUR. 

Therefore, as required by at 

§ 721.170(d)(4)(i), EPA is withdrawing 

the direct final SNUR, which is 

published elsewhere in this Federal 

Register and is now issuing this 

proposed SNUR on this substance. The 

record for the direct final SNUR on this 

substance was established as docket 

EPA–HQ–OPPT–2009–0918. That 

record includes information considered 

by the Agency in developing the direct 

final rule and the notice of intent to 

submit adverse comments. 

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, 

import, or process the chemical 

substance for that use. The mechanism 

for reporting under this requirement is 

established under § 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 this SNUR 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 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. 

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 (the 

corresponding EPA policy appears at 40 

CFR part 707, subpart B). 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. In addition, any persons 

who export or intend to export a 

chemical substance identified in a final 

SNUR 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. 

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 

substance that is the subject of this 

proposed SNUR, EPA considered 

relevant information about the toxicity 

of the chemical substance, likely human 

exposures and environmental releases 

associated with possible uses, and the 

four bulleted TSCA section 5(a)(2) 

factors listed in this Unit. 

For the chemical substance 1- 

Propene, 2,3,3,3-tetrafluoro- (PMN P– 

07–601; CAS No. 754–12–1), EPA did 

not find that the use scenarios described 

in the PMN triggered the determination 

set forth under section 5(e) of TSCA. 

EPA did, however, determine that 

certain changes from the use scenario 

described in the PMN could result in 

increased exposures, thereby 

constituting a ‘‘significant new use.’’ 

EPA has determined that activities 

proposed as a ‘‘significant new use’’ 

satisfy the two requirements stipulated 

in § 721.170(c)(2), i.e., these significant 

new use activities: ‘‘(i) are different from 

those described in the premanufacture 

notice for the substance, including any 

amendments, deletions, and additions 

of activities to the premanufacture 

notice, and (ii) 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. 

IV. Substance Subject to this Proposed 

Rule and Basis for the Action 

EPA is proposing to establish 

significant new use and recordkeeping 

requirements for the chemical substance 

identified as 1-Propene, 2,3,3,3- 

tetrafluoro- (PMN P–07–601; CAS No. 

754–12–1). The specific activities 

proposed as significant new uses and 

other requirements are listed in 40 CFR 

721.10182 of the proposed regulatory 

text. 

PMN Number P–07–601 

Chemical name: 1-Propene, 2,3,3,3- 

tetrafluoro-. 

CAS number: 754–12–1. 

Basis for action: The PMN states that the 

substance will be used as a motor 

vehicle air conditioning (MVAC) 

refrigerant in new passenger cars and 

vehicles (i.e., as defined in 40 CFR 82.32 

(c) and (d)). Initial charging of MVAC 

units with the PMN substance will be 

done by the motor vehicle original 

equipment manufacturer. All servicing, 

maintenance, and disposal involving the 

PMN substance will be done only by 

Clean Air Act (CAA) section 609 

certified technicians using CAA section 

609 certified refrigerant handling 

equipment. Based on test data on the 

PMN substance, EPA identified health 

concerns for developmental toxicity and 

lethality to workers and consumers if 

they were exposed to a significant 

amount of the PMN substance via 

inhalation. The PMN substance has an 

ozone depletion potential of zero, and, 

based on test data, has a low global 

warming potential (GWP100 of about 4). 

For the use scenario described in the 

PMN, significant industrial or 

commercial worker exposure is unlikely 


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due to the use of CAA section 609 

certified refrigerant handling equipment 

and other protective measures. Potential 

consumer (vehicle passenger) exposure 

from refrigerant leaks into the passenger 

compartment of a vehicle is not 

expected to present significant risk of 

serious health effects. Flammability 

concerns with the PMN substance are 

being addressed through regulatory 

actions by EPA’s Office of Air and 

Radiation (see the following paragraph). 

Further, ‘‘do-it-yourself’’ consumer 

exposures are not expected because the 

PMN substance only will be sold or 

distributed in 20–pound containers or 

larger. Therefore, EPA has not 

determined that the manufacturing, 

processing, or use of the substance as 

described in the PMN may present an 

unreasonable risk. EPA has determined, 

however, that (1) use of the substance 

other than as a MVAC refrigerant in new 

passenger cars and vehicles as defined 

in 40 CFR 82.32 (c) and (d), (2) initial 

charging of MVAC units with the PMN 

substance by any person other than 

CAA section 609 certified technicians 

without using CAA section 609 certified 

refrigerant handling equipment, (3) 

servicing, maintenance, and disposal 

involving the PMN substance by 

persons other than CAA section 609 

certified technicians without using CAA 

section 609 certified refrigerant 

handling equipment, or (4) sale or 

distribution of the PMN substance in 

containers smaller than 20–pounds (net 

weight) may cause serious health effects 

in accordance with 40 CFR 

721.170(b)(3)(i). 

This proposed SNUR is intended to 

complement recently proposed and 

forthcoming regulations on the PMN 

substance under the CAA in that this 

SNUR addresses health risk issues of the 

subject refrigerant. On October 19, 2009, 

EPA published a proposed rule on the 

PMN substance entitled ‘‘Protection of 

Stratospheric Ozone: New Substitute in 

the Motor Vehicle Air Conditioning 

Sector under the Significant New 

Alternatives Policy (SNAP) Program’’ 

(74 FR 53445) (FRL–8969–7). The SNAP 

Program, mandated under section 612 of 

the CAA, requires EPA to develop a 

program for evaluating alternatives to 

ozone-depleting substances and to 

create lists of substitutes for specific 

uses that do not present greater overall 

risk to human health and the 

environment than other alternatives that 

are available. In the October 19, 2009, 

action, EPA proposed to find HFO– 

1234yf acceptable, subject to certain use 

conditions, as a substitute for CFC–12 in 

new motor vehicle air conditioning 

systems (passenger cars and trucks). The 

proposed use conditions include 

incorporation of engineering strategies 

and/or devices to mitigate flammability 

risks for this substance (see Unit V. of 

the proposed SNAP rule). Use of most 

flammable refrigerants, including the 

PMN substance, in existing MVAC 

systems as a retrofit has previously been 

determined by EPA to be unacceptable. 

The proposed SNAP rule would require 

a petition and a new SNAP submission 

specifically for the use of the PMN 

substance in existing MVAC equipment 

as a retrofit before EPA would consider 

allowing such use (see Unit VI. of the 

proposed SNAP rule). EPA also intends 

to promulgate a follow-on rulemaking 

under section 609 of the CAA to address 

service equipment, technician 

certification, and end-of-life disposal 

specifications. 

Recommended testing: EPA has 

determined that the results of an acute 

inhalation toxicity study (OPPTS 

Harmonized Test Guideline 870.1300 or 

Organisation for Economic Co-operation 

and Development (OECD) 403 test 

guideline) with rabbits would help 

characterize the human health effects of 

the PMN substance. Exposure 

concentrations of 10,000, 50,000, and 

100,000 parts per million (ppm) should 

be used. Further, rabbits should be 

exposed for 1 hour, and pregnant rabbits 

should be exposed on Gravid Day 12. 

CFR citation: 40 CFR 721.10182. 

V. Rationale and Objectives of the 

Proposed Rule 

A. Rationale 

During the review of the chemical 

substance P–07–601, EPA determined 

that one or more of the criteria of 

concern established at § 721.170 were 

met, as discussed in Unit IV. 

B. Objectives 

EPA is proposing this SNUR for a 

chemical substance that has 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, import, 

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, importing, or 

processing a listed chemical substance 

for the described significant new use. 

• EPA would be able to regulate 

prospective manufacturers, importers, 

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 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 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/ 

newchems/pubs/invntory.htm. 

VI. Applicability of the Proposed Rule 

to Uses Occurring Before Effective Date 

of the Final Rule 

To establish a significant ‘‘new’’ use, 

EPA must determine that the use is not 

ongoing. EPA solicits comments on 

whether any of the uses proposed as 

significant new uses are ongoing. 

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 of the proposed 

rule were considered ongoing rather 

than new, it would be difficult for EPA 

to establish SNUR notice requirements 

because a person could defeat the SNUR 

by initiating the significant new use 

before the rule became final, and then 

argue that the use was ongoing before 

the effective date of the final rule. Thus, 

persons who begin commercial 

manufacture, import, or processing with 

the chemical substances that would be 

regulated as a ‘‘significant new use’’ 

through this proposed rule, must cease 

any such activity before the effective 

date of the rule if and when finalized. 

To resume their activities, these persons 

would have to comply with all 

applicable SNUR notice requirements 

and wait until the notice review period, 

including all extensions, expires. 

EPA has promulgated provisions to 

allow persons to comply with this 

proposed SNUR before the effective 

date. If a person were to meet the 

conditions of advance compliance 

under § 721.45(h), the person would be 

considered to have met the 

requirements of the final SNUR, for 

those activities. 

VII. Test Data and Other Information 

EPA recognizes that TSCA section 5 

does not require developing any 

particular test data before submission of 

a SNUN, except where the chemical 

substance subject to the SNUR is also 

subject to a test rule under TSCA 

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


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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 

§ 720.50). However, upon review of 

PMNs and SNUNs, the Agency has the 

authority to require appropriate testing. 

EPA recommended certain testing listed 

in Unit IV. 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 OPPTS 

harmonized test guidelines referenced 

in this document electronically, please 

go to http://www.epa.gov/oppts and 

select ‘‘Test Methods and Guidelines.’’ 

The Organisation for Economic Cooperation and Development (OECD) test 

guidelines are available from the OECD 

Bookshop at http:// 

www.oecdbookshop.org or SourceOECD 

at http://www.sourceoecd.org. 

The recommended test(s) may not be 

the only means of addressing the 

potential risks of the chemical 

substance. However, SNUNs submitted 

for significant new uses 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 test(s). 

SNUN submitters should be aware 

that EPA would 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 substance. 

• Potential benefits of the chemical 

substance. 

• Information on risks posed by the 

chemical substance compared to risks 

posed by potential substitutes. 

VIII. SNUN Submissions 

As stated in Unit II.C., according to 

§ 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 § 720.50. SNUNs must be 

submitted to the Environmental 

Protection Agency on EPA Form No. 

7710–25 in accordance with the 

procedures set forth in §§ 721.25 and 

720.40. This form is available from the 

Environmental Assistance Division 

(7408M), 1200 Pennsylvania Ave., NW., 

Washington, DC 20460–0001 (see 

§§ 721.25 and 720.40). Forms and 

information are also 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, importers, and 

processors of the chemical substance at 

the time of the direct final rule. The 

Agency’s complete economic analysis is 

available in the public docket for the 

direct final rule (EPA–HQ–OPPT–2008– 

0918). 

X. References 

The official record for this proposed 

rule has been established. The following 

is a listing of the documents that have 

been placed in the proposed rule phase 

of the docket under docket ID number 

EPA–HQ–OPPT–2008–0918, which is 

available for inspection as specified 

under ADDRESSES. These documents 

serve as supplementary information 

specific to P–07–601 (aka HFO–1234yf) 

for consideration when submitting 

comments. 

1. Letter Confirming Release of CBI 

Claims for HFO–1234yf Gradient 

Report. 

2. Gradient Corporation. 2008. Risk 

Assessment for Alternative Refrigerant 

HFO–1234yf. 

3. WIL Research Laboratories, LLC. 

2008. An Inhalation Prenatal 

Developmental Toxicity Study of HFO– 

1234yf (2,3,3,3-tetrafluoropropene) in 

Rabbits. 

4. United States Environmental 

Protection Agency (EPA). 2009. 

Addendum to Risk Assessment: PMN P– 

07–601. 

XI. Statutory and Executive Order 

Reviews 

A. Executive Order 12866 

This proposed rule would establish a 

SNUR for a chemical substance that was 

the subject of a PMN. 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 the 

PRA, unless it has been approved by 

OMB and displays a currently valid 

OMB control number. The OMB control 

numbers for EPA’s regulations in title 40 

of the CFR, after appearing in the 

Federal Register, are listed in 40 CFR 

part 9, and included on the related 

collection instrument or form, if 

applicable. EPA would amend the table 

in 40 CFR part 9 to list the OMB 

approval number for the information 

collection requirements contained in 

this proposed 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 would 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 

Pursuant to section 605(b) of the 

Regulatory Flexibility Act (RFA) (5 

U.S.C. 601 et seq.), the Agency hereby 

certifies that promulgation of this SNUR 

would not have a significant adverse 

economic impact on a substantial 

number of small entities. The rationale 

supporting this conclusion is discussed 

in this unit. The requirement to submit 

a SNUN applies to any person 

(including small or large entities) who 

intends to engage in any activity 

described in the rule as a ‘‘significant 


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Federal Register / Vol. 75, No. 63 / Friday, April 2, 2010 / Proposed Rules 16711 

new use.’’ Because these uses are ‘‘new,’’ 

based on all information currently 

available to EPA, it appears that no 

small or large entities presently engage 

in such activities. A SNUR requires that 

any person who intends to engage in 

such activity in the future must first 

notify EPA by submitting a SNUN. 

Although some small entities may 

decide to pursue a significant new use 

in the future, EPA cannot presently 

determine how many, if any, there may 

be. However, EPA’s experience to date 

is that, in response to the promulgation 

of over 1,400 SNURs, the Agency 

receives on average only 5 notices per 

year. Of those SNUNs submitted from 

2006–2008, only one appears to be from 

a small entity. In addition, the estimated 

reporting cost for submission of a SNUN 

(see Unit IX.) is minimal regardless of 

the size of the firm. Therefore, the 

potential economic impacts of 

complying with this SNUR are not 

expected to be significant or adversely 

impact a substantial number of small 

entities. In a SNUR that published in the 

Federal Register of June 2, 1997 (62 FR 

29684) (FRL–5597–1), the Agency 

presented its general determination that 

final SNURs are not expected to have a 

significant economic impact on a 

substantial number of small entities, 

which was provided to the Chief 

Counsel for Advocacy of the Small 

Business Administration. 

D. Unfunded Mandates Reform Act 

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 affect on small 

governments subject to the requirements 

of sections 202, 203, 204, or 205 of the 

Unfunded Mandates Reform Act of 1995 

(UMRA) (Public Law 104–4). 

E. Executive Order 13132 

This action 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 or 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 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 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 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 

In addition, since this action does not 

involve any technical standards, section 

12(d) of the National Technology 

Transfer and Advancement Act of 1995 

(NTTAA), Public Law 104–113, section 

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

apply to this action. 

J. Executive Order 12898 

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). 

List of Subjects in 40 CFR Part 721 

Environmental protection, Chemicals, 

Hazardous substances, Reporting and 

recordkeeping requirements. 

Dated: March 25, 2010. 

Barbara A. Cunningham, 

Acting Director, Office of Pollution Prevention 

and Toxics. 

Therefore, it is proposed that 40 CFR 

part 721 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 § 721.10182 to subpart E to 

read as follows: 

§ 721.10182 1-Propene, 2,3,3,3-tetrafluoro-. 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substance identified as 

1-propene, 2,3,3,3-tetrafluoro- (PMN P– 

07–601; CAS No. 754–12–1; also known 

as HFO–1234yf) 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) (use as a motor 

vehicle air conditioning (MVAC) 

refrigerant in new passenger cars and 

vehicles as defined in 40 CFR 82.32 (c) 

and (d). The initial charging of MVAC 

units with the PMN substance will be 

done by the motor vehicle original 

equipment manufacturer. All servicing, 

maintenance, and disposal involving the 

PMN substance will be done only by 

Clean Air Act (CAA) section 609 

certified technicians using CAA section 

609 certified refrigerant handling 

equipment. The PMN substance only 

will be sold or distributed in 20–pound 

(net weight) containers or larger. 

(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 (i) are applicable to 

manufacturers, importers, and 

processors of this substance. 

(2) Limitations or revocation of 

certain notification requirements. The 

provisions of § 721.185 apply to this 

section. 

[FR Doc. 2010–7191 Filed 4–1–10; 8:45 am] 

BILLING CODE 6560–50–S 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1