23184 Federal Register / Vol. 78, No. 75 / Thursday, April 18, 2013 / Proposed Rules 

do not impose a collection of 

information on small entities, the 

Regulatory Flexibility Act (5 U.S.C. 

chapter 6) does not apply. 

Pursuant to section 7805(f) of the 

Internal Revenue Code, this notice of 

proposed rulemaking has been 

submitted to the Chief Counsel for 

Advocacy of the Small Business 

Administration for comment on its 

impact on small businesses. 

Comments and Request for Public 

Hearing 

Before these proposed regulations are 

adopted as final regulations, 

consideration will be given to any 

written (a signed original and eight (8) 

copies) or electronic comments that are 

submitted timely to the IRS as 

prescribed in the preamble under the 

‘‘ADDRESSES’’ heading. The Treasury 

Department and the IRS welcome 

comments on the clarity of the proposed 

rules and how they can be made easier 

to understand. All comments will be 

available at www.regulations.gov for 

public inspection and copying. A public 

hearing may be scheduled if requested 

in writing by any person that timely 

submits written comments. If a public 

hearing is scheduled, notice of the date, 

time, and place for a public hearing will 

be published in the Federal Register. 

Drafting Information 

The principal author of these 

regulations is Pamela Lew, Office of 

Associate Chief Counsel (Financial 

Institutions and Products). However, 

other personnel from the IRS and the 

Treasury Department participated in 

their development. 

List of Subjects in 26 CFR Part 1 

Income Taxes, Reporting and 

recordkeeping requirements. 

Proposed Amendments to the 

Regulations 

Accordingly, 26 CFR part 1 is 

proposed to be amended as follows: 

PART 1—INCOME TAXES 

■ Paragraph 1. The authority citation 

for part 1 is amended by adding an entry 

in numerical order to read in part as 

follows: 

Authority: 26 U.S.C. 7805 * * * Section 

1.6049–9 also issued under 26 U.S.C. 6049(a). 

* * * 

■ Par. 2. Section 1.6049–9 is added to 

read as follows: 

§ 1.6049–9 Premium subject to reporting 

for a debt instrument acquired on or after 

January 1, 2014. 

[The text of proposed § 1.6049–9 is 

the same as the text of § 1.6049–9T 

published elsewhere in this issue of the 

Federal Register]. 

Steven T. Miller, 

Deputy Commissioner for Services and 

Enforcement. 

[FR Doc. 2013–09084 Filed 4–17–13; 8:45 am] 

BILLING CODE 4830–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 721 

[EPA–HQ–OPPT–2012–0740; FRL–9377–8] 

RIN 2070–AB27 

Proposed Significant New Use Rules 

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 eight 

chemical substances which were the 

subject of premanufacture notices 

(PMNs) P–11–327, P–11–328, P–11–329, 

P–11–330, P–11–331, P–11–332, P–12– 

298, and P–12–299. This action would 

require persons who intend to 

manufacture, 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 May 20, 2013. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPPT–2012–0740, by 

one of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

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. ATTN: Docket ID 

Number EPA–HQ–OPPT–2012–0740. 

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– 

2012–0740. EPA’s policy is that all 

comments received will be included in 

the docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

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 Web site 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 email comment directly 

to EPA without going through 

regulations.gov, your email 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 


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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 

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: TSCAHotline@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 substances 

contained in this proposed rule. The 

following list of North American 

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, 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; see also 19 CFR 

127.28. Chemical importers must certify 

that the shipment of the chemical 

substance complies with all applicable 

rules and orders under TSCA. Importers 

of chemicals subject to a final SNUR 

must certify their compliance with the 

SNUR requirements. The EPA policy in 

support of import certification appears 

at 40 CFR part 707, subpart B. In 

addition, any persons who export or 

intend to export a chemical substance 

that is the subject of a proposed or 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. 

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 

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 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 these SNURs under 

section 5(a)(2) of TSCA for eight 

chemical substances which were the 

subject of PMNs P–11–327, P–11–328, 

P–11–329, P–11–330, P–11–331, P–11– 

332, P–12–298, and P–12–299. These 

SNURs would require persons who 

intend to manufacture, import, 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 the Federal Register of November 

2, 2012 (77 FR 66149) (FRL–9366–7), 

EPA issued direct final SNURs on these 

eight chemical substances in accordance 

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

EPA received notices of intent to submit 

adverse comments on these SNURs. 

Therefore, as required by 

§ 721.160(c)(3)(ii), EPA removed the 

direct final SNURs in a separate 

document, published in the Federal 

Register of December 21, 2012 (77 FR 

75566) (FRL 9373–8), and is now 

issuing this proposed rule on the eight 

chemical substances. The record for the 

direct final SNURs on these chemical 

substances was established as docket 

number EPA–HQ–OPPT–2012–0740. 

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 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, import, 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 

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 

notice requirements and EPA regulatory 

procedures as submitters of PMNs under 

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

these requirements include the 

information submission requirements of 

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

exemptions authorized by TSCA 

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

and the regulations at 40 CFR part 720. 

Once EPA receives a SNUN, EPA may 

take regulatory action under TSCA 

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


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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 eight 

chemical substances that are the subject 

of this proposed rule, 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 

eight 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) 

number (if assigned for non-confidential 

chemical identities). 

• Basis for the TSCA section 5(e) 

consent order or, for non-section 5(e) 

SNURs, the basis for the SNUR (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. 

This proposed rule includes PMN 

substances P–11–327, P–11–328, P–11– 

329, P–11–330, P–11–331, and P–11– 

332, that are subject to a ‘‘risk-based’’ 

consent order under TSCA section 

5(e)(1)(A)(ii)(I) where EPA determined 

that activities associated with the PMN 

substances may present unreasonable 

risk to human health or the 

environment. This consent order 

requires protective measures to limit 

exposures or otherwise mitigate the 

potential unreasonable risk. The socalled ‘‘section 5(e) SNURs’’ on these 

PMN substances are proposed pursuant 

to § 721.160, and are based on and 

consistent with the provisions in the 

underlying consent order. The section 

5(e) SNURs designate as a ‘‘significant 

new use’’ the absence of the protective 

measures required in the corresponding 

consent order. 

This proposed rule also includes a 

SNUR on PMN substances P–12–298 

and P–12–299 that were not subject to 

a consent order under TSCA section 

5(e). In this case, EPA did not find that 

the use scenario described in the PMNs 

triggered the determinations set forth 

under TSCA section 5(e). However, EPA 

does believe that certain changes from 

the use scenario described in the PMNs 

could result in increased exposures, 

thereby constituting a ‘‘significant new 

use.’’ This so-called ‘‘non-section 5(e) 

SNUR’’ is proposed pursuant to 

§ 721.170. EPA has determined that 

every activity designated as a 

‘‘significant new use’’ in all non-section 

5(e) SNURs issued under § 721.170 

satisfies 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. 

PMN Numbers P–11–327, P–11–328, P– 

11–329, P–11–330, P–11–331, and P–11– 

332 

Chemical names: Distillates 

(lignocellulosic), C5–40 (P–11–327); 

Paraffin waxes 

(lignocellulosic) hydrotreated, C5–40- 

branched, cyclic and linear (P–11– 

328); Naphtha 

(lignocellulosic), hydrotreated, C5–12- 

branched, cyclic and linear (P–11– 

329); Kerosene 

(lignocellulosic), hydrotreated, C8–16- 

branched, cyclic and linear (P–11– 

330); Distillates 

(lignocellulosic), hydrotreated, C8–26— 

branched, cyclic, and linear (P–11– 

331); and 

Residual oils (lignocellulosic), 

hydrotreated, C20–40- branched, 

cyclic, and linear (P–11–332). 

CAS numbers: 1267611–99–3 (P–11– 

327), 1267611–06–2 (P–11–328), 

1267611–35–7 (P–11–329), 1267611– 

14–2 (P–11–330), 1267611–11–9 (P–11– 

331), and 1267611–71–1 (P–11–332). 

Effective date of TSCA section 5(e) 

consent order: July 21, 2012. 

Basis for TSCA section 5(e) consent 

order: The PMN states that the generic 

(non-confidential) uses of the PMN 

substances will be as a distillation 

feedstock after hydrotreatment (P–11– 

327), as a feedstock (P–11–328), as a 

blend-stock for conventional fossil fuels 

(P–11–329, P–11–330, and P–11–331), 

and use in a manner comparable to gas 

oil as it is currently used in industry (P– 

11–332). These PMNs are complex 

mixtures and have been assessed based 

on the toxic components within their 

mixture. The most important and 

primary component present is benzene. 

Based on this analysis, EPA identified 

concerns for oncogenicity, 

immunosuppression, and skin 

sensitization (defatting of the skin 

tissue) to workers exposed to the PMN 

substances. The EPA Maximum 

Contaminant Level for benzene in 

drinking water is 5 parts per billion 

(ppb). The PMNs’ New Chemical 

Exposure Limit (NCEL) is 0.32 

milligram/cubic meter (mg/m3) as an 8- 

hour time-weighted average. In 

addition, based on ecological structure 

activity relationship (EcoSAR) analysis 

of test data on analogous neutral 

organics, EPA predicts toxicity to 

aquatic organisms may occur at 

concentrations that exceed 82 ppb for 

each of the following: P–11–329 and P– 

11–331, and 180 ppb for each of the 

following: P–11–327, P–11–328, P–11– 

330, and P–11–332. However, EPA does 

not expect risk to aquatic organisms at 

the expected levels and duration of 

exposure as described in the PMNs. The 

consent order was issued under TSCA 

sections 5(e)(1)(A)(i) and 5(e)(1)(A)(ii)(I) 

based on a finding that these substances 

may present an unreasonable risk of 

injury to human health and the 

environment. To protect against these 

risks, the consent order requires: 

1. Use of personal protective 

equipment including dermal protection 

when there is potential dermal exposure 

and a National Institute for 

Occupational Safety and Health 


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(NIOSH)-certified respirator with an 

assigned protection factor (APF) of at 

least 10,000, or compliance with a NCEL 

of 0.32 mg/m3 as an 8-hour timeweighted average when there is 

potential inhalation exposure. 

2. No use of the substances resulting 

in surface water concentrations 

exceeding 5 ppb of the combination of 

these PMN substances. 

3. Establishment and use of a hazard 

communication program. The SNUR 

designates as a ‘‘significant new use’’ 

the absence of these protective 

measures. 

Recommended testing: EPA has 

determined that a combined chronic 

toxicity/carcinogenicity test (OPPTS 

Test Guideline 870.4300); a daphnid 

chronic toxicity test (OPPTS Test 

Guideline 850.1300); and fish early-life 

stage toxicity test (OPPTS Test 

Guideline 850.1400) would help 

characterize the human health and 

environmental effects of the PMN 

substances. The order does not require 

submission of the testing at any 

specified time or production volume. 

However, the order’s restrictions on 

manufacture, import, processing, 

distribution in commerce, use, and 

disposal will remain in effect until the 

order is modified or revoked by EPA 

based on submission of that or other 

relevant information. 

CFR citations: 40 CFR 721.10612 (P– 

11–327); 721.10613 (P–11–328); 

721.10614 (P–11–329); 721.10615 (P– 

11–330); 721.10616 (P–11–331); and 

721.10617 (P–11–332). 

PMN Numbers P–12–298 and P–12–299 

Chemical name: Vinylidene ester 

(generic). 

CAS number: Not available. 

Basis for action: The PMNs state that 

the generic uses of the substances will 

be adhesives. Based on EcoSAR analysis 

of test data on analogous esters, EPA 

predicts toxicity to aquatic organisms 

may occur at concentrations that exceed 

7 ppb of the PMN substances in surface 

waters for greater than 20 days per year. 

This 20-day criterion is derived from 

partial life cycle tests (daphnid chronic 

and fish early-life stage tests) that 

typically range from 21 to 28 days in 

duration. EPA predicts toxicity to 

aquatic organisms may occur if releases 

of the PMN substances to surface water 

exceed releases from the use described 

in the PMNs. For the described use in 

the PMNs, significant environmental 

releases are not expected because 

environmental releases did not result in 

surface water concentrations exceeding 

7 ppb for more than 20 days per year. 

Therefore, EPA has not determined that 

the proposed manufacturing, 

processing, or use of the substances may 

present an unreasonable risk. EPA has 

determined, however, that combined 

production volume of the two PMN 

substances exceeding 20,000 kilograms 

per year could result in exposures 

which may cause 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 Guidelines 

850.1075); an aquatic invertebrate acute 

toxicity test, freshwater daphnids 

(OPPTS Test Guidelines 850.1010); and 

an algal toxicity test (OCSPP Test 

Guideline 850.4500) would help 

characterize the environmental effects of 

the PMN substances. 

CFR citation: 40 CFR 721.10623. 

V. Rationale and Objectives of the 

Proposed Rule 

A. Rationale 

During review of the PMNs submitted 

for the eight chemical substances that 

are subject to these proposed SNURs, 

EPA concluded that for six of the 

substances, regulation was warranted 

under TSCA section 5(e), pending the 

development of information sufficient to 

make reasoned evaluations of the health 

and environmental effects of the 

chemical substances. For two of the 

eight substances, where the uses are not 

regulated under a TSCA section 5(e) 

consent order, EPA determined that one 

or more of the criteria of concern 

established at § 721.170 were met. The 

basis for these findings is outlined in 

Unit IV. 

B. Objectives 

EPA is proposing these SNURs for 

specific chemical substances that have 

undergone premanufacture review 

because the Agency wants to achieve 

the following objectives with regard to 

the significant new uses designated in 

this 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. 

• EPA would ensure that all 

manufacturers, importers, and 

processors of the same chemical 

substance that is subject to a TSCA 

section 5(e) consent order are subject to 

similar requirements. 

Issuance of a SNUR for a chemical 

substance does not signify that the 

chemical substance is listed on the 

TSCA 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 Significant New 

Use Designation 

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 final rule is issued, other 

persons might engage in a use that has 

been identified as a significant new use. 

However, TSCA section 5(e) consent 

orders have been issued for six of the 

eight chemical substances, and the PMN 

submitters are prohibited by the TSCA 

section 5(e) consent orders from 

undertaking activities which would be 

designated as significant new uses. The 

other two chemical substances 

contained in this proposed rule are not 

regulated with TSCA section 5(e) 

consent orders. The identities of these 

two chemical substances 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. 

If uses begun after the direct final rule 

was published on November 2, 2012, 

were considered ongoing rather than 

new, any person could defeat the SNUR 

by initiating the significant new use 


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before the final rule was issued. 

Therefore EPA designates November 2, 

2012 as the cutoff date for determining 

whether the new use is ongoing. Persons 

who begin commercial manufacture, 

import, 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 

§ 720.50). However, upon review of 

PMNs and SNUNs, the Agency has the 

authority to require appropriate testing. 

In cases where EPA issued a TSCA 

section 5(e) consent order that requires 

or recommends certain testing, Unit IV. 

lists those tests. Unit IV. also lists 

recommended testing for non-5(e) 

SNURs. Descriptions of tests are 

provided for informational purposes. 

EPA strongly encourages persons, before 

performing any testing, to consult with 

the Agency pertaining to protocol 

selection. 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 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 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 on 

EPA Form No. 7710–25, generated using 

e–PMN software, and submitted to the 

Agency in accordance with the 

procedures set forth in §§ 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, importers, and 

processors of the chemical substances 

during the development of the direct 

final rule. EPA’s complete economic 

analysis is available in the docket under 

docket ID number EPA–HQ–OPPT– 

2012–0740. 

X. Statutory and Executive Order 

Reviews 

A. Executive Order 12866 

This proposed rule would establish 

SNURs for eight chemical substances 

that were the subject of PMNs, and in 

six cases, a TSCA section 5(e) consent 

order. The Office of Management and 

Budget (OMB) has exempted these types 

of actions from review under Executive 

Order 12866, entitled Regulatory 

Planning and Review (58 FR 51735, 

October 4, 1993). 

B. Paperwork Reduction Act (PRA) 

According to the PRA, 44 U.S.C. 3501 

et seq., an Agency may not conduct or 

sponsor, and a person is not required to 

respond to a collection of information 

that requires OMB approval under PRA, 

unless it has been approved by OMB 

and displays a currently valid OMB 

control number. The OMB control 

numbers for EPA’s regulations in title 40 

of the CFR, after appearing in the 

Federal Register, are listed in 40 CFR 

part 9, and included on the related 

collection instrument or form, if 

applicable. EPA 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, if the SNUR is 

subsequently issued as a final rule. This 

listing of the OMB control numbers and 

their subsequent codification in the CFR 

satisfies the display requirements of 

PRA and OMB’s implementing 

regulations at 5 CFR part 1320. This 

Information Collection Request (ICR) 

was previously subject to public notice 

and comment prior to OMB approval, 

and given the technical nature of the 

table, EPA finds that further notice and 

comment to amend it is unnecessary. As 

a result, EPA finds that there is ‘‘good 

cause’’ under section 553(b)(3)(B) of the 

Administrative Procedure Act, 5 U.S.C. 

553(b)(3)(B), to amend this table without 

further notice and comment. 

The information collection 

requirements related to this action have 

already been approved by OMB 

pursuant to PRA under OMB control 

number 2070–0012 (EPA ICR No. 574). 

This action 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 (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 


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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 these 

SNURs 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 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 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 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 (NTTAA) 

In addition, since this action would 

not involve any technical standards the 

National Technology Transfer and 

Advancement Act (NTTAA), section 

12(d) (15 U.S.C. 272 note), would 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: April 12, 2013. 

Maria J. Doa, 

Director, Chemical Control Division, 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 § 721.10612 to subpart E to 

read as follows: 

§ 721.10612 Distillates (lignocellulosic), 

C5–40. 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substance identified as 

distillates (lignocellulosic), C5–40 (PMN 

P–11–327; CAS No. 1267611–99–3) is 

subject to reporting under this section 

for the significant new uses described in 

paragraph (a)(2) of this section. 

(2) The significant new uses are: 

(i) Protection in the workplace. 

Requirements as specified in 

§ 721.63(a)(1), (a)(3), (a)(4), (a)(6), (b) 

(concentration set at 0.1 percent), and 

(c). When determining which persons 

are reasonably likely to be exposed as 

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

engineering control measures (e.g., 

enclosure or confinement of the 

operation, general and local ventilation) 

or administrative control measures (e.g., 

workplace policies and procedures) 

shall be considered and implemented to 

prevent exposure, where feasible. The 

following National Institute for 

Occupational Safety and Health 

(NIOSH)-certified respirators with an 

assigned protection factor (APF) of 

10,000 meet the minimum requirements 

for § 721.63(a)(4): Any NIOSH-certified 

pressure-demand or other positive 

pressure mode (e.g., open/closed circuit) 

self-contained breathing apparatus 

(SCBA) equipped with a hood or helmet 

or a full facepiece. 

(A) As an alternative to the respiratory 

requirements listed in paragraph (a)(2)(i) 

of this section, a manufacturer, 

importer, or processor may choose to 

follow the new chemical exposure limit 

(NCEL) provisions listed in the TSCA 

section 5(e) consent order for this 

substance. The NCEL is 0.32 milligram/ 

cubic meter (mg/m3) as an 8-hour timeweighted average. Persons who wish to 

pursue NCELs as an alternative to the 

§ 721.63 respirator requirements may 

request to do so under § 721.30. Persons 

whose § 721.30 requests to use the 

NCELs approach are approved by EPA 

will receive NCELs provisions 

comparable to those contained in the 

corresponding section 5(e) consent 

order. 

(B) [Reserved] 

(ii) Hazard communication program. 

Requirements as specified in 

§ 721.72(a), (b), (c), (d), (e) 

(concentration set at 0.1 percent), (f), 

and (g). 

(iii) Release to water. Requirements as 

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

(c)(4) (where N=5 and 5 is an aggregate 

of releases for the following substances: 

Distillates (lignocellulosic), C5–40 

(PMN P–11–327; CAS No. 1267611–99– 

3); paraffin waxes (lignocellulosic) 

hydrotreated, C5–40-branched, cyclic 


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and linear (PMN P–11–328; CAS No. 

1267611–06–2); naphtha 

(lignocellulosic), hydrotreated, C5–12- 

branched, cyclic and linear (PMN P–11– 

329; CAS No. 1267611–35–7); kerosene 

(lignocellulosic), hydrotreated, C8–16- 

branched, cyclic and linear (PMN P–11– 

330; CAS No. 1267611–14–2); distillates 

(lignocellulosic), hydrotreated, C8–26- 

branched, cyclic, and linear (PMNP–11– 

331; CAS No. 1267611–11–9); and 

residual oils (lignocellulosic), 

hydrotreated, C20–40-branched, cyclic, 

and linear (PMN P–11–332; CAS No. 

1267611–71–1)). 

(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 (h) and (k) 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. 

■ 3. Add § 721.10613 to subpart E to 

read as follows: 

§ 721.10613 Paraffin waxes 

(lignocellulosic) hydrotreated, C5–40- 

branched, cyclic and linear. 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substance identified as 

paraffin waxes (lignocellulosic) 

hydrotreated, C5–40-branched, cyclic 

and linear (PMN P–11–328; CAS No. 

1267611–06–2) is subject to reporting 

under this section for the significant 

new uses described in paragraph (a)(2) 

of this section. 

(2) The significant new uses are: 

(i) Protection in the workplace. 

Requirements as specified in 

§ 721.63(a)(1), (a)(3), (a)(4), (a)(6), (b) 

(concentration set at 0.1 percent), and 

(c). When determining which persons 

are reasonably likely to be exposed as 

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

engineering control measures (e.g., 

enclosure or confinement of the 

operation, general and local ventilation) 

or administrative control measures (e.g., 

workplace policies and procedures) 

shall be considered and implemented to 

prevent exposure, where feasible. The 

following National Institute for 

Occupational Safety and Health 

(NIOSH)-certified respirators with an 

assigned protection factor (APF) of 

10,000 meet the minimum requirements 

for § 721.63(a)(4): Any NIOSH-certified 

pressure-demand or other positive 

pressure mode (e.g., open/closed circuit) 

self-contained breathing apparatus 

(SCBA) equipped with a hood or helmet 

or a full facepiece. 

(A) As an alternative to the respiratory 

requirements listed in paragraph (a)(2)(i) 

of this section, a manufacturer, 

importer, or processor may choose to 

follow the new chemical exposure limit 

(NCEL) provisions listed in the TSCA 

section 5(e) consent order for this 

substance. The NCEL is 0.32 milligram/ 

cubic meter (mg/m3) as an 8-hour timeweighted average. Persons who wish to 

pursue NCELs as an alternative to the 

§ 721.63 respirator requirements may 

request to do so under § 721.30. Persons 

whose § 721.30 requests to use the 

NCELs approach are approved by EPA 

will receive NCELs provisions 

comparable to those contained in the 

corresponding section 5(e) consent 

order. 

(B) [Reserved] 

(ii) Hazard communication program. 

Requirements as specified in 

§ 721.72(a), (b), (c), (d), (e) 

(concentration set at 0.1 percent), (f), 

and (g). 

(iii) Release to water. Requirements as 

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

(c)(4) (where N=5 and 5 is an aggregate 

of releases for the following substances: 

Distillates (lignocellulosic), C5–40 

(PMN P–11–327; CAS No. 1267611–99– 

3); paraffin waxes (lignocellulosic) 

hydrotreated, C5–40-branched, cyclic 

and linear (PMN P–11–328; CAS No. 

1267611–06–2); naphtha 

(lignocellulosic), hydrotreated, C5–12- 

branched, cyclic and linear (PMN P–11– 

329; CAS No. 1267611–35–7); kerosene 

(lignocellulosic), hydrotreated, C8–16- 

branched, cyclic and linear (PMN P–11– 

330; CAS No. 1267611–14–2); distillates 

(lignocellulosic), hydrotreated, C8–26- 

branched, cyclic, and linear (PMN P– 

11–331; CAS No. 1267611–11–9); and 

residual oils (lignocellulosic), 

hydrotreated, C20–40-branched, cyclic, 

and linear (PMN P–11–332; CAS No. 

1267611–71–1)). 

(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 (h) and (k) 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. 

■ 4. Add § 721.10614 to subpart E to 

read as follows: 

§ 721.10614 Naphtha (lignocellulosic), 

hydrotreated, C5–12-branched, cyclic and 

linear. 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substance identified as 

naphtha (lignocellulosic), hydrotreated, 

C5–12-branched, cyclic and linear (PMN 

P–11–329; CAS No. 1267611–35–7) is 

subject to reporting under this section 

for the significant new uses described in 

paragraph (a)(2) of this section. 

(2) The significant new uses are: 

(i) Protection in the workplace. 

Requirements as specified in § 721.63 

(a)(1), (a)(3), (a)(4), (a)(6), (b) 

(concentration set at 0.1 percent), and 

(c). When determining which persons 

are reasonably likely to be exposed as 

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

engineering control measures (e.g., 

enclosure or confinement of the 

operation, general and local ventilation) 

or administrative control measures (e.g., 

workplace policies and procedures) 

shall be considered and implemented to 

prevent exposure, where feasible. The 

following National Institute for 

Occupational Safety and Health 

(NIOSH)-certified respirators with an 

assigned protection factor (APF) of 

10,000 meet the minimum requirements 

for § 721.63(a)(4): Any NIOSH-certified 

pressure-demand or other positive 

pressure mode (e.g., open/closed circuit) 

self-contained breathing apparatus 

(SCBA) equipped with a hood or helmet 

or a full facepiece. 

(A) As an alternative to the respiratory 

requirements listed in paragraph (a)(2)(i) 

of this section, a manufacturer, 

importer, or processor may choose to 

follow the new chemical exposure limit 

(NCEL) provisions listed in the TSCA 

section 5(e) consent order for this 

substance. The NCEL is 0.32 milligram/ 

cubic meter (mg/m3) as an 8-hour timeweighted average. Persons who wish to 

pursue NCELs as an alternative to the 

§ 721.63 respirator requirements may 

request to do so under § 721.30. Persons 

whose § 721.30 requests to use the 

NCELs approach are approved by EPA 

will receive NCELs provisions 

comparable to those contained in the 

corresponding section 5(e) consent 

order. 

(B) [Reserved] 

(ii) Hazard communication program. 

Requirements as specified in § 721.72 

(a), (b), (c), (d), (e) (concentration set at 

0.1 percent), (f), and (g). 

(iii) Release to water. Requirements as 

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

(c)(4) (where N=5 and 5 is an aggregate 

of releases for the following substances: 

Distillates (lignocellulosic), C5–40 

(PMN P–11–327; CAS No. 1267611–99– 

3); paraffin waxes (lignocellulosic) 


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hydrotreated, C5–40-branched, cyclic 

and linear (PMN P–11–328; CAS No. 

1267611–06–2); naphtha 

(lignocellulosic), hydrotreated, C5–12- 

branched, cyclic and linear (PMN P–11– 

329; CAS No. 1267611–35–7); kerosene 

(lignocellulosic), hydrotreated, C8–16- 

branched, cyclic and linear (PMN P–11– 

330; CAS No. 1267611–14–2); distillates 

(lignocellulosic), hydrotreated, C8–26- 

branched, cyclic, and linear (PMN P– 

11–331; CAS No. 1267611–11–9); and 

residual oils (lignocellulosic), 

hydrotreated, C20–40-branched, cyclic, 

and linear (PMN P–11–332; CAS No. 

1267611–71–1)). 

(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 (h) and (k) 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. 

■ 5. Add § 721.10615 to subpart E to 

read as follows: 

§ 721.10615 Kerosene (lignocellulosic), 

hydrotreated, C8–16-branched, cyclic and 

linear. 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substance identified as 

kerosene (lignocellulosic), hydrotreated, 

C8–16-branched, cyclic and linear (PMN 

P–11–330; CAS No. 1267611–14–2) is 

subject to reporting under this section 

for the significant new uses described in 

paragraph (a)(2) of this section. 

(2) The significant new uses are: 

(i) Protection in the workplace. 

Requirements as specified in 

§ 721.63(a)(1), (a)(3), (a)(4), (a)(6), (b) 

(concentration set at 0.1 percent), and 

(c). When determining which persons 

are reasonably likely to be exposed as 

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

engineering control measures (e.g., 

enclosure or confinement of the 

operation, general and local ventilation) 

or administrative control measures (e.g., 

workplace policies and procedures) 

shall be considered and implemented to 

prevent exposure, where feasible. The 

following National Institute for 

Occupational Safety and Health 

(NIOSH)-certified respirators with an 

assigned protection factor (APF) of 

10,000 meet the minimum requirements 

for § 721.63(a)(4): Any NIOSH-certified 

pressure-demand or other positive 

pressure mode (e.g., open/closed circuit) 

self-contained breathing apparatus 

(SCBA) equipped with a hood or helmet 

or a full facepiece. 

(A) As an alternative to the respiratory 

requirements listed in paragraph (a)(2)(i) 

of this section, a manufacturer, 

importer, or processor may choose to 

follow the new chemical exposure limit 

(NCEL) provisions listed in the TSCA 

section 5(e) consent order for this 

substance. The NCEL is 0.32 milligram/ 

cubic meter (mg/m3) as an 8-hour timeweighted average. Persons who wish to 

pursue NCELs as an alternative to the 

§ 721.63 respirator requirements may 

request to do so under § 721.30. Persons 

whose § 721.30 requests to use the 

NCELs approach are approved by EPA 

will receive NCELs provisions 

comparable to those contained in the 

corresponding section 5(e) consent 

order. 

(B) [Reserved] 

(ii) Hazard communication program. 

Requirements as specified in 

§ 721.72(a), (b), (c), (d), (e) 

(concentration set at 0.1 percent), (f), 

and (g). 

(iii) Release to water. Requirements as 

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

(c)(4) (where N=5 and 5 is an aggregate 

of releases for the following substances: 

Distillates (lignocellulosic), C5–40 

(PMN P–11–327; CAS No. 1267611–99– 

3); paraffin waxes (lignocellulosic) 

hydrotreated, C5–40-branched, cyclic 

and linear (PMN P–11–328; CAS No. 

1267611–06–2); naphtha 

(lignocellulosic), hydrotreated, C5–12- 

branched, cyclic and linear (PMN P–11– 

329; CAS No. 1267611–35–7); kerosene 

(lignocellulosic), hydrotreated, C8–16- 

branched, cyclic and linear (PMN P–11– 

330; CAS No. 1267611–14–2); distillates 

(lignocellulosic), hydrotreated, C8–26- 

branched, cyclic, and linear (PMN P– 

11–331; CAS No. 1267611–11–9); and 

residual oils (lignocellulosic), 

hydrotreated, C20–40-branched, cyclic, 

and linear (PMN P–11–332; CAS No. 

1267611–71–1)). 

(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 (h) and (k) 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. 

■ 6. Add § 721.10616 to subpart E to 

read as follows: 

§ 721.10616 Distillates (lignocellulosic), 

hydrotreated, C8–26-branched, cyclic, and 

linear. 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substance identified as 

distillates (lignocellulosic), 

hydrotreated, C8–26-branched, cyclic, 

and linear (PMN P–11–331; CAS No. 

1267611–11–9) is subject to reporting 

under this section for the significant 

new uses described in paragraph (a)(2) 

of this section. 

(2) The significant new uses are: 

(i) Protection in the workplace. 

Requirements as specified in 

§ 721.63(a)(1), (a)(3), (a)(4), (a)(6), (b) 

(concentration set at 0.1 percent), and 

(c). When determining which persons 

are reasonably likely to be exposed as 

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

engineering control measures (e.g., 

enclosure or confinement of the 

operation, general and local ventilation) 

or administrative control measures (e.g., 

workplace policies and procedures) 

shall be considered and implemented to 

prevent exposure, where feasible. The 

following National Institute for 

Occupational Safety and Health 

(NIOSH)-certified respirators with an 

assigned protection factor (APF) of 

10,000 meet the minimum requirements 

for § 721.63(a)(4): Any NIOSH-certified 

pressure-demand or other positive 

pressure mode (e.g., open/closed circuit) 

self-contained breathing apparatus 

(SCBA) equipped with a hood or helmet 

or a full facepiece. 

(A) As an alternative to the respiratory 

requirements listed in paragraph (a)(2)(i) 

of this section, a manufacturer, 

importer, or processor may choose to 

follow the new chemical exposure limit 

(NCEL) provisions listed in the TSCA 

section 5(e) consent order for this 

substance. The NCEL is 0.32 milligram/ 

cubic meter (mg/m3) as an 8-hour timeweighted average. Persons who wish to 

pursue NCELs as an alternative to the 

§ 721.63 respirator requirements may 

request to do so under § 721.30. Persons 

whose § 721.30 requests to use the 

NCELs approach are approved by EPA 

will receive NCELs provisions 

comparable to those contained in the 

corresponding section 5(e) consent 

order. 

(B) [Reserved] 

(ii) Hazard communication program. 

Requirements as specified in § 721.72 

(a), (b), (c), (d), (e) (concentration set at 

0.1 percent), (f), and (g). 

(iii) Release to water. Requirements as 

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

(c)(4) (where N=5 and 5 is an aggregate 

of releases for the following substances: 

Distillates (lignocellulosic), C5–40 

(PMN P–11–327; CAS No. 1267611–99– 


sroberts on DSK5SPTVN1PROD with PROPOSALS
23192 Federal Register / Vol. 78, No. 75 / Thursday, April 18, 2013 / Proposed Rules 

3); paraffin waxes (lignocellulosic) 

hydrotreated, C5–40-branched, cyclic 

and linear (PMN P–11–328; CAS No. 

1267611–06–2); naphtha 

(lignocellulosic), hydrotreated, C5–12- 

branched, cyclic and linear (PMN P–11– 

329; CAS No. 1267611–35–7); kerosene 

(lignocellulosic), hydrotreated, C8–16- 

branched, cyclic and linear (PMN P–11– 

330; CAS No. 1267611–14–2); distillates 

(lignocellulosic), hydrotreated, C8–26- 

branched, cyclic, and linear (PMN P– 

11–331; CAS No. 1267611–11–9); and 

residual oils (lignocellulosic), 

hydrotreated, C20–40-branched, cyclic, 

and linear (PMN P–11–332; CAS No. 

1267611–71–1)). 

(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 (h) and (k) 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. 

■ 7. Add § 721.10617 to subpart E to 

read as follows: 

§ 721.10617 Residual oils (lignocellulosic), 

hydrotreated, C20–40-branched, cyclic, and 

linear. 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substance identified as 

residual oils (lignocellulosic), 

hydrotreated, C20–40-branched, cyclic, 

and linear (PMN P–11–332; CAS No. 

1267611–71–1) 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) Protection in the workplace. 

Requirements as specified in 

§ 721.63(a)(1), (a)(3), (a)(4), (a)(6), (b) 

(concentration set at 0.1 percent), and 

(c). When determining which persons 

are reasonably likely to be exposed as 

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

engineering control measures (e.g., 

enclosure or confinement of the 

operation, general and local ventilation) 

or administrative control measures (e.g., 

workplace policies and procedures) 

shall be considered and implemented to 

prevent exposure, where feasible. The 

following National Institute for 

Occupational Safety and Health 

(NIOSH)-certified respirators with an 

assigned protection factor (APF) of 

10,000 meet the minimum requirements 

for § 721.63(a)(4): Any NIOSH-certified 

pressure-demand or other positive 

pressure mode (e.g., open/closed circuit) 

self-contained breathing apparatus 

(SCBA) equipped with a hood or helmet 

or a full facepiece. 

(A) As an alternative to the respiratory 

requirements listed in paragraph (a)(2)(i) 

of this section, a manufacturer, 

importer, or processor may choose to 

follow the new chemical exposure limit 

(NCEL) provisions listed in the TSCA 

section 5(e) consent order for this 

substance. The NCEL is 0.32 milligram/ 

cubic meter (mg/m3) as an 8-hour timeweighted average. Persons who wish to 

pursue NCELs as an alternative to the 

§ 721.63 respirator requirements may 

request to do so under § 721.30. Persons 

whose § 721.30 requests to use the 

NCELs approach are approved by EPA 

will receive NCELs provisions 

comparable to those contained in the 

corresponding section 5(e) consent 

order. 

(B) [Reserved] 

(ii) Hazard communication program. 

Requirements as specified in 

§ 721.72(a), (b), (c), (d), (e) 

(concentration set at 0.1 percent), (f), 

and (g). 

(iii) Release to water. Requirements as 

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

(c)(4) (where N=5 and 5 is an aggregate 

of releases for the following substances: 

Distillates (lignocellulosic), C5–40 

(PMN P–11–327; CAS No. 1267611–99– 

3); paraffin waxes (lignocellulosic) 

hydrotreated, C5–40-branched, cyclic 

and linear (PMN P–11–328; CAS No. 

1267611–06–2); naphtha 

(lignocellulosic), hydrotreated, C5–12- 

branched, cyclic and linear (PMN P–11– 

329; CAS No. 1267611–35–7); kerosene 

(lignocellulosic), hydrotreated, C8–16- 

branched, cyclic and linear (PMN P–11– 

330; CAS No. 1267611–14–2); distillates 

(lignocellulosic), hydrotreated, C8–26- 

branched, cyclic, and linear (PMN P– 

11–331; CAS No. 1267611–11–9); and 

residual oils (lignocellulosic), 

hydrotreated, C20–40-branched, cyclic, 

and linear (PMN P–11–332; CAS No. 

1267611–71–1)). 

(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 (h) and (k) 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. 

■ 8. Add § 721.10623 to subpart E to 

read as follows: 

§ 721.10623 Vinylidene ester (generic). 

(a) Chemical substances and 

significant new uses subject to reporting. 

(1) The chemical substances identified 

generically as vinylidene ester (PMNs 

P–12–298 and P–12–299) 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) Industrial, commercial, and 

consumer activities. Requirements as 

specified in § 721.80(s) (20,000 

kilograms of the aggregate of the two 

chemical substances). 

(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. 2013–09155 Filed 4–17–13; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 54 

[WC Docket No. 10–90; DA 13–704] 

Wireline Competition Bureau Adds 

New Discussion Topic to Connect 

America Cost Model Virtual Workshop 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: In this document, the 

Wireline Competition Bureau adds a 

new virtual workshop discussion topic, 

entitled ‘‘Operating Expenses Input 

Values’’ to seek public input. 

DATES: Comments are due on or before 

April 25, 2013. 

If you anticipate that you will be 

submitting comments, but find it 

difficult to do so within the period of 

time allowed by this notice, you should 

advise the contact listed below as soon 

as possible. 

ADDRESSES: You may submit comments, 

identified by WC Docket No. 10–90, by 

any of the following methods: 

D Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

D Federal Communications 

Commission’s Web site: http:// 


sroberts on DSK5SPTVN1PROD with PROPOSALS