41692 Federal Register / Vol. 77, No. 136 / Monday, July 16, 2012 / Rules and Regulations 

permitted to move during the 

enforcement period. Vessels remaining 

in the regulated area during the 

enforcement period are subject to 

inspection and examination by Coast 

Guard and other law enforcement 

officials. Persons desiring to access their 

vessels within the regulated area are 

subject to security screenings. 

(2) Hillsborough River. All waters of 

Hillsborough River, including adjacent 

lands 20 feet shoreward of the mean 

high water mark of Hillsborough River, 

south of an imaginary line between the 

following points: Point 1 in position 

27°56′44′′ N, 82°27′37′′ W; and Point 2 

in position 27°56′44′′ N, 82°27′33′′ W. 

All persons and vessels are prohibited 

from entering or remaining within the 

regulated area unless authorized by the 

Captain of the Port St. Petersburg or a 

designated representative. 

(3) Seddon Channel. All waters of 

Seddon Channel, including adjacent 

lands 20 feet shoreward of the mean 

high water mark of Seddon Channel, 

north of an imaginary line between the 

following points: Point 1 in position 

27°55′52′′ N, 82°27′13′′ W; and Point 2 

in position 27°55′54′′ N, 82°27′08′′ W. 

All persons and vessels are prohibited 

from entering or remaining within the 

regulated area unless authorized by the 

Captain of the Port St. Petersburg or a 

designated representative. 

(4) Sparkman Channel. All waters of 

Sparkman Channel, including adjacent 

lands 20 feet shoreward of the mean 

high water mark of Sparkman Channel. 

Recreational vessels are prohibited from 

entering or remaining in the regulated 

area unless authorized by the Captain of 

the Port St. Petersburg or a designated 

representative. Commercial vessels are 

authorized to enter or transit the 

regulated area, but will be subject to 

compliance with security protocols 

established by the Captain of the Port St. 

Petersburg, including: 

(i) Have an approved NOA submitted 

in accordance with 33 CFR part 160 that 

indicates a mooring at a facility located 

within the security zone or at a facility 

that requires transit of the zone; 

(ii) Inspection and examination of all 

commercial vessels and persons 

requesting authorization to transit the 

regulated area (including positive 

identification checks); and 

(iii) Embarkation of law enforcement 

personnel during authorized regulated 

area transits. 

(5) Unnamed Channel North of Davis 

Islands. All waters of the unnamed 

channel north of Davis Islands, 

including adjacent lands 20 feet 

shoreward of the mean high water mark 

of the unnamed channel north of Davis 

Islands, east of an imaginary line 

between the following points: Point 1 in 

position 27°56′16′′ N, 82°27′40′′ W; and 

Point 2 in position 27°56′18′′ N, 

82°27′43′′ W. All persons and vessels are 

prohibited from entering or remaining 

within the regulated area unless 

authorized by the Captain of the Port St. 

Petersburg or a designated 

representative. 

(6) Ybor Channel. All waters of Ybor 

Channel, including adjacent lands 20 

feet shoreward of the mean high water 

mark of Ybor Channel. Recreational 

vessels are prohibited from entering or 

remaining in Ybor Channel unless 

authorized by the Captain of the Port St. 

Petersburg or a designated 

representative. Commercial vessels are 

authorized to enter or transit Ybor 

Channel, but will be subject to 

compliance with security protocols 

established by the Captain of the Port St. 

Petersburg, including: 

(i) Have an approved NOA submitted 

in accordance with 33 CFR part 160 that 

indicates a mooring at a facility located 

within the security zone or at a facility 

that requires transit of the zone; 

(ii) Inspection and examination of all 

commercial vessels and persons 

requesting authorization to transit the 

regulated area (including positive 

identification checks); and 

(iii) Embarkation of law enforcement 

personnel during authorized regulated 

area transits. 

(7) Ybor Turning Basin. All waters of 

Ybor Turning Basin, including adjacent 

lands 20 feet shoreward of the mean 

high water mark of Ybor Turning Basin. 

Recreational vessels are prohibited from 

entering or remaining in Ybor Turning 

Basin unless authorized by the Captain 

of the Port St. Petersburg or a designated 

representative. Commercial vessels are 

authorized to enter or transit Ybor 

Turning Basin, but will be subject to 

compliance with security protocols 

established by the Captain of the Port St. 

Petersburg, including: 

(i) Have an approved NOA submitted 

in accordance with 33 CFR part 160 that 

indicates a mooring at a facility located 

within the security zone or at a facility 

that requires transit of the zone; 

(ii) Inspection and examination of all 

commercial vessels and persons 

requesting authorization to transit the 

security zone (including positive 

identification checks); and 

(iii) Embarkation of law enforcement 

personnel during authorized regulated 

area transits. 

(b) Definition. The term ‘‘designated 

representative’’ means Coast Guard 

Patrol Commanders, including Coast 

Guard boat coxswains, petty officers, 

and other officers operating Coast Guard 

vessels, and Federal, state, and local 

officials designated by or assisting the 

Captain of the Port St. Petersburg in the 

enforcement of the regulated areas. 

(c) Regulations. (1) All persons and 

vessels desiring to enter or remain 

within the regulated areas may contact 

the Captain of the Port St. Petersburg by 

telephone at (727) 824–7524, or a 

designated representative via VHF radio 

on channel 16, to request authorization. 

A Port Community Information 

Bulletin is available on the Coast Guard 

internet web portal at http:// 

homeport.uscg.mil. Port Community 

Information Bulletins are located under 

the Port Directory tab in the Safety and 

Security Alert links. 

(2) If authorization to enter or remain 

within the regulated areas is granted by 

the Captain of the Port St. Petersburg or 

a designated representative, all persons 

and vessels receiving such authorization 

must comply with the instructions of 

the Captain of the Port St. Petersburg or 

a designated representative. 

Recreational vessels authorized to enter 

the regulated areas may be subject to 

boarding and inspection of the vessel 

and persons onboard. 

(3) The Coast Guard will provide 

notice of the regulated areas by Local 

Notice to Mariners, Broadcast Notice to 

Mariners, public outreach, and on-scene 

designated representatives. 

(d) Effective Date. This rule is 

effective from 12:01 p.m. on August 25, 

2012 through 11:59 a.m. on August 31, 

2012. 

Dated: June 28, 2012. 

S.L. Dickinson, 

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

Port. 

[FR Doc. 2012–17086 Filed 7–13–12; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 9 and 721 

[EPA–HQ–OPPT–2011–0633; FRL–9349–4] 

RIN 2070–AB27 

Significant New Use Rule for Phenol, 

2,4- dimethyl-6-(1-methylpentadecyl)- 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is finalizing a significant 

new use rule (SNUR) under the Toxic 

Substances Control Act (TSCA) for the 

chemical substance identified as 

phenol, 2,4-dimethyl-6-(1- 

methylpentadecyl)- (PMN P–94–209; 

CAS No. 134701–20–5). This action 

requires persons who intend to 


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manufacture, import, or process the 

substance for an activity that is 

designated as a significant new use by 

this final rule to notify EPA at least 90 

days before commencing that activity. 

The required notification would provide 

EPA with the opportunity to evaluate 

the intended use and, if necessary, to 

prohibit or limit that activity before it 

occurs. 

DATES: This final rule is effective August 

15, 2012. 

ADDRESSES: EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ– 

OPPT–2011–0633. 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., Confidential Business Information 

(CBI) or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available in the electronic docket 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 technical information contact: 

Abeer Hashem, Chemical Control 

Division (7405M), Office of Pollution 

Prevention and Toxics, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave. NW., Washington, DC 20460–0001; 

telephone number: (202) 564–1117; 

email address: hashem.abeer@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. 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 final 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; 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 

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. 

II. Background 

A. What action is the Agency taking? 

EPA is finalizing a SNUR for the 

chemical substance identified as 

phenol, 2,4-dimethyl-6-(1- 

methylpentadecyl)-, (PMN P–94–209; 

CAS No. 134701–20–5). This action 

requires persons who intend to 

manufacture, import, or process the 

subject chemical substance for an 

activity that is designated as a 

significant new use by this final rule to 

notify EPA at least 90 days before 

commencing that activity. This rule was 

proposed in the Federal Register of 

December 28, 2011 (76 FR 81437) (FRL– 

9325–9). In response to the proposed 

SNUR, EPA received two public 

comments. One commenter stated that 

‘‘phenol is not a safe product to use.’’ 

As discussed in Units II. and IV. of the 

proposed rule, EPA did identify 

potential hazards for the PMN substance 

(which is a different chemical substance 

than ‘‘phenol’’) but did not find a 

potential unreasonable risk. EPA 

proposed this SNUR to require 

notification so that EPA could evaluate 

potential risks from any new uses. 

Another commenter stated that EPA 

should include an exemption for worker 

protection requirements when the PMN 

substance was present in a mixture at 

low concentrations, specifically at less 

than 1.0 percent. The commenter also 

stated that the SNUR should contain an 

exemption from the requirements of the 

rule including recordkeeping when it is 

incorporated into certain substrates. The 

commenter suggested these exemptions 

because the PMN substance is often 

used as an additive in thermoplastic 

polymer matrices and in mixtures at 

concentrations less than 1.0 percent. 

Because EPA does not expect significant 

risks from these activities, EPA will 

include these exemptions in the final 

rule. Therefore, the Agency is issuing a 

final SNUR that: 

1. Adds protection in the workplace 

requirements under § 721.63 for dermal 

protection. 

2. Includes an exemption from the 

requirements under § 721.63 when the 

substance is present in a mixture less 

than 1.0 percent. 

3. Removes all release to water 

requirements under § 721.90. 

4. Includes an exemption from all 

requirements of the rule including 

recordkeeping once the PMN substance 

has been incorporated into polymer 

matrices. 

5. Revises the recordkeeping 

requirements under § 721.125 to reflect 

the modified significant new uses. 

This final SNUR requires persons to 

notify EPA at least 90 days before 

commencing the manufacture, import, 

or processing of the chemical substance 

identified as phenol, 2,4-dimethyl-6-(1- 

methylpentadecyl)-, (PMN P–94–209, 

CAS No.134701–20–5), for any activity 

designated by this final SNUR as a 

significant new use. Receipt of such 

notices allows EPA to assess risks that 

may be presented by the intended uses 

and, if appropriate, to regulate the 

proposed use before it occurs. 


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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. Persons who 

must report are described in § 721.5. 

C. Applicability of General Provisions 

General provisions for SNURs appear 

in 40 CFR part 721, subpart A. These 

provisions describe persons subject to 

the rule, recordkeeping requirements, 

exemptions to reporting requirements, 

and applicability of the rule to uses 

occurring before the effective date of the 

final rule. Provisions relating to user 

fees appear at 40 CFR part 700. 

According to § 721.1(c), persons subject 

to 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 in Customs and Border 

Patrol regulations 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. For importers of the 

chemical substance subject to this final 

SNUR those requirements include the 

SNUR. 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 

the chemical substance 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. Rationale and Objectives of the 

Final Rule 

A. Rationale 

During review of the PMN submitted 

for the chemical substance phenol, 2,4- 

dimethyl-6-(1-methylpentadecyl)-, EPA 

concluded that one or more of the 

criteria of concern established at 

§ 721.170 were met, as discussed in 

Units II. and IV. of the proposed rule (76 

FR 81437). 

B. Objectives 

EPA is issuing this final SNUR for a 

specific chemical substance which has 

undergone premanufacture review 

because the Agency wants to achieve 

the following objectives with regard to 

the significant new uses designated in 

this final rule: 

• EPA will receive notice of any 

person’s intent to manufacture, import, 

or process a listed chemical substance 

for the described significant new use 

before that activity begins. 

• EPA will have an opportunity to 

review and evaluate data submitted in a 

SNUN before the notice submitter 

begins manufacturing, importing, or 

processing a listed chemical substance 

for the described significant new use. 

• EPA will 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/ 

existingchemicals/pubs/tscainventory/ 

index.html. 

IV. Significant New Use Determination 

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

EPA’s determination that a use of a 

chemical substance is a significant new 

use must be made after consideration of 

all relevant factors, including: 

• The projected volume of 

manufacturing and processing of a 

chemical substance. 

• The extent to which a use changes 

the type or form of exposure of human 

beings or the environment to a chemical 

substance. 

• The extent to which a use increases 

the magnitude and duration of exposure 

of human beings or the environment to 

a chemical substance. 

• The reasonably anticipated manner 

and methods of manufacturing, 

processing, distribution in commerce, 

and disposal of a chemical substance. 

In addition to these factors 

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

statute authorized EPA to consider any 

other relevant factors. 

To determine what would constitute a 

significant new use for the chemical 

substance that is the subject to this final 

SNUR, EPA considered relevant 

information about the toxicity of the 

chemical substance, likely human 

exposure and environmental releases 

associated with possible uses, taking 

into consideration the four bulleted 

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

this unit, and the regulations at 

§ 721.170 for issuing a SNUR after 

receipt of a PMN. 

V. Applicability of Rule to Uses 

Occurring Before Effective Date of the 

Final Rule 

As discussed in the Federal Register 

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

EPA has decided that the intent of 

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

designating a use as a significant new 

use as of the date of publication of the 

proposed rule rather than as of the 

effective date of the final rule. If uses 

begun after publication were considered 

ongoing rather than new, it would be 

difficult for EPA to establish SNUR 

notice requirements because a person 

could defeat the SNUR by initiating the 

significant new use before the rule 

became effective, and then argue that 

the use was ongoing before the effective 

date of the final rule. 

Any person who began commercial 

manufacture, import, or processing of 

the chemical substance for any of the 

significant new uses designated in the 

proposed rule after the date of 

publication of the proposed rule must 

stop that activity before the effective 

date of this final rule. To resume their 

activities, these persons would have to 

comply with all applicable SNUR notice 

requirements and wait until the notice 

review period, including any extensions 

expires. 

EPA has promulgated provisions to 

allow persons to comply with this 

SNUR before the effective date. If a 

person meets the conditions of advance 

compliance under § 721.45(h), the 

person is considered exempt from the 

requirements of the SNUR. 

VI. 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: 


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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. 

Unit IV. of the proposed rule lists the 

testing recommended by EPA for the 

chemical substance phenol, 2,4 

dimethyl-6-(1-methylpentadecyl)-. 

Specifically, EPA has determined that a 

dermal absorption study (Office of 

Pollution Prevention and Toxics 

(OPPTS) Test Guideline 870.3250) 

would help characterize the health 

effects of the PMN substance. 

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 and test 

reporting. To access the harmonized test 

guidelines referenced in this document 

electronically, please go to http:// 

www.epa.gov/ocspp and select ‘‘Test 

Methods and Guidelines.’’ 

The recommended tests 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. 

VII. 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 §§ 721.25 and 

720.40. E–PMN software is available 

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

opptintr/newchems. 

VIII. Economic Analysis 

EPA has evaluated the potential costs 

of establishing SNUN requirements for 

potential manufacturers, importers, and 

processors of the chemical substance 

subject to this final rule. EPA’s complete 

economic analysis is available in the 

docket under docket ID number EPA– 

HQ–OPPT–2011–0633. 

IX. Statutory and Executive Order 

Reviews 

A. Executive Order 12866 

This final rule establishes 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 PRA, 

unless it has been approved by OMB 

and displays a currently valid OMB 

control number. The OMB control 

numbers for EPA’s regulations in title 40 

of the CFR, after appearing in the 

Federal Register, are listed in 40 CFR 

part 9, and included on the related 

collection instrument or form, if 

applicable. EPA is amending the table in 

40 CFR part 9 to list the OMB approval 

number for the information collection 

requirements contained in this final 

rule. This listing of the OMB control 

numbers and their subsequent 

codification in the CFR satisfies the 

display requirements of PRA and OMB’s 

implementing regulations at 5 CFR part 

1320. This Information Collection 

Request (ICR) was previously subject to 

public notice and comment prior to 

OMB approval, and given the technical 

nature of the table, EPA finds that 

further notice and comment to amend it 

is unnecessary. As a result, EPA finds 

that there is ‘‘good cause’’ under section 

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

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

amend this table without further notice 

and comment. 

The information collection 

requirements related to this action have 

already been approved by OMB 

pursuant to PRA under OMB control 

number 2070–0012 (EPA ICR No. 574). 

This action 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 

On February 18, 2012, EPA certified 

pursuant to section 605(b) of the 

Regulatory Flexibility Act (RFA) 

(5 U.S.C. 601 et seq.), that promulgation 

of a SNUR does not have a significant 

economic impact on a substantial 

number of small entities where the 

following are true: 

1. A significant number of SNUNs 

would not be submitted by small 

entities in response to the SNUR. 

2. The SNUN submitted by any small 

entity would not cost significantly more 

than $8,300. 

A copy of that certification is 

available in the docket for this rule. 

This rule is within the scope of the 

February 18, 2012 certification. Based 

on the economic analysis discussed in 

Unit VIII. and EPA’s experience 

promulgating SNURs (discussed in the 

certification), EPA believes that the 

following are true: 

• A significant number of SNUNs 

would not be submitted by small 

entities in response to the SNUR. 

• Submission of the SNUN would not 

cost any small entity significantly more 

than $8,300. Therefore, the 

promulgation of the SNUR would not 

have a significant economic impact on 

a substantial number of small entities. 


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D. Unfunded Mandates Reform Act 

Based on EPA’s experience with 

proposing and finalizing SNURs, State, 

local, and Tribal governments have not 

been impacted by these rulemakings, 

and EPA does not have any reasons to 

believe that any State, local, or Tribal 

government will be impacted by this 

final rule. As such, EPA has determined 

that this final rule does not impose any 

enforceable duty, contain any unfunded 

mandate, or otherwise have any effect 

on small governments subject to the 

requirements of sections 202, 203, 204, 

or 205 of the Unfunded Mandates 

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

104–4). 

E. Executive Order 13132 

This action will not have a substantial 

direct effect on States, on the 

relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132, entitled 

Federalism (64 FR 43255, August 10, 

1999). 

F. Executive Order 13175 

This final rule does not have Tribal 

implications because it is not expected 

to have substantial direct effects on 

Indian Tribes. This final rule does not 

significantly nor uniquely affect the 

communities of Indian Tribal 

governments, nor does it involve or 

impose any requirements that affect 

Indian Tribes. Accordingly, the 

requirements of Executive Order 13175, 

entitled Consultation and Coordination 

With Indian Tribal Governments 

(65 FR 67249, November 9, 2000) do not 

apply to this final rule. 

G. Executive Order 13045 

This action is not subject to Executive 

Order 13045, entitled Protection of 

Children From Environmental Health 

Risks and Safety Risks (62 FR 19885, 

April 23, 1997), because this is not an 

economically significant regulatory 

action as defined by Executive Order 

12866, and this action does not address 

environmental health or safety risks 

disproportionately affecting children. 

H. Executive Order 13211 

This action is not subject to Executive 

Order 13211, entitled Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use (66 FR 28355, May 

22, 2001), because this action is not 

expected to affect energy supply, 

distribution, or use and because this 

action is not a significant regulatory 

action under Executive Order 12866. 

I. National Technology Transfer and 

Advancement Act 

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). 

X. Congressional Review Act 

The Congressional Review Act, 

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

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report to each House of 

the Congress and the Comptroller 

General of the United States. EPA will 

submit a report containing this rule and 

other required information to the U.S. 

Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of the rule in the Federal 

Register. This rule is not a ‘‘major rule’’ 

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

List of Subjects 

40 CFR Part 9 

Environmental protection, Reporting 

and recordkeeping requirements. 

40 CFR Part 721 

Environmental protection, Chemicals, 

Hazardous substances, Reporting and 

recordkeeping requirements. 

Dated: June 30, 2012. 

Maria J. Doa, 

Director, Chemical Control Division, Office 

of Pollution Prevention and Toxics. 

Therefore, 40 CFR parts 9 and 721 are 

amended as follows: 

PART 9—[AMENDED] 

■ 1. The authority citation for part 9 

continues to read as follows: 

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

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

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

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

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

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

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

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

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

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

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

11023, 11048. 

■ 2. The table in § 9.1 is amended by 

adding the following section in 

numerical order under the undesignated 

center heading ‘‘Significant New Uses of 

Chemical Substances’’ to read as 

follows: 

§ 9.1 OMB approvals under the Paperwork 

Reduction Act. 

* * * * * 

40 CFR Citation OMB Control No. 

* * * * * 

Significant New Uses of Chemical 

Substances 

*****

721.5725 ....................... 2070–0012 

*****

* * * * * 

PART 721—[AMENDED] 

■ 3. The authority citation for part 721 

continues to read as follows: 

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

2625(c). 

■ 4. Add § 721.5725 to subpart E to read 

as follows: 

§ 721.5725 Phenol, 2,4-dimethyl-6-(1- 

methylpentadecyl)-. 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substance identified as 

phenol, 2,4-dimethyl-6-(1- 

methylpentadecyl)- (PMN P–94–209; 

CAS No. 134701–20–5) is subject to 

reporting under this section for the 

significant new uses described in 

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

requirements of this rule do not apply 

to quantities of the PMN substance after 

it has been completely reacted (cured); 

embedded or incorporated into a 

polymer matrix that has been reacted 

(cured); or embedded, encapsulated, or 

incorporated into a permanent solid 

matrix (does not include slurries) that is 

not intended to undergo further 

processing, except for mechanical 

processing. 

(2) The significant new uses are: 

(i) Protection in the workplace. 

Requirements as specified in § 721.63 

(a)(2)(i), (a)(3), and (b) (concentration set 

at 1.0 percent). 

(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 


wreier-aviles on DSK5TPTVN1PROD with RULES
Federal Register / Vol. 77, No. 136 / Monday, July 16, 2012 / Rules and Regulations 41697 

(a), (b), (c), (d), and (e) 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. 2012–17276 Filed 7–13–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2010–0846; FRL–9698–3] 

Stay of the Effectiveness of 

Requirements; Approval and 

Promulgation of Implementation Plans; 

New Mexico; Federal Implementation 

Plan for Interstate Transport of 

Pollution Affecting Visibility and Best 

Available Retrofit Technology 

Determination 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The EPA is granting an 

administrative stay of the final rule 

titled ‘‘Approval and Promulgation of 

Implementation Plans; New Mexico; 

Federal Implementation Plan for 

Interstate Transport of Pollution 

Affecting Visibility and Best Available 

Retrofit Technology Determination’’ 

under the authority of the 

Administrative Procedure Act (APA) for 

90 days. Today’s action reflects this stay 

in the Code of Federal Regulations. 

DATES: Effective July 16, 2012. 40 CFR 

52.1628 is stayed until October 15, 

2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R06–OAR–2010–0846. All 

documents in the docket are listed in 

the Federal eRulemaking portal index at 

http://www.regulations.gov and are 

available either electronically at http:// 

www.regulations.gov or in hard copy at 

EPA Region 6, 1445 Ross Ave., Dallas, 

TX, 75202–2733. To inspect the hard 

copy materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

A reasonable fee may be charged for 

copies. 

FOR FURTHER INFORMATION CONTACT: 

Agustin Carbo-Lugo, EPA Region 6, 

(214) 665–8037, CarboLugo.Agustin@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document wherever 

‘‘we,’’ ‘‘us,’’ ‘‘our,’’ or ‘‘the Agency’’ is 

used, we mean the EPA. Unless 

otherwise specified, when we say the 

‘‘San Juan Generating Station,’’ or 

‘‘SJGS,’’ we mean units 1, 2, 3, and 4, 

inclusive. 

I. Background 

On August 22, 2011, the EPA 

published a final rule disapproving a 

portion of the State Implementation 

Plan (SIP) revision received from the 

State of New Mexico on September 17, 

2007, for the purpose of addressing the 

‘‘good neighbor’’ requirements of 

section 110(a)(2)(D)(i) of the Clean Air 

Act (CAA or Act) for the 1997 8-hour 

ozone National Ambient Air Quality 

Standards (NAAQS or standards) and 

the 1997 fine particulate matter (PM2.5) 

NAAQS (the ‘‘NM FIP Rule’’, 76 FR 

52388). In that action, EPA disapproved 

the New Mexico Interstate Transport SIP 

provisions that address the requirement 

of section 110(a)(2)(D)(i)(II) that 

emissions from New Mexico sources do 

not interfere with measures required in 

the SIP of any other state under part C 

of the CAA to protect visibility. We 

found that New Mexico sources, except 

the San Juan Generating Station (SJGS), 

were sufficiently controlled to eliminate 

interference from those sources with the 

visibility programs of other states. EPA 

promulgated a Federal Implementation 

Plan (FIP) requiring the implementation 

of nitrogen oxides (NOX) and sulfur 

dioxide (SO2) emission limits necessary 

at the San Juan Generating Station to 

prevent such interference. This FIP also 

addresses the Regional Haze (RH) Best 

Available Retrofit Technology (BART) 

requirement for NOX for SJGS. In 

addition, EPA implemented sulfuric 

acid (H2SO4) hourly emission limits at 

the SJGS, to minimize the contribution 

of this compound to visibility 

impairment. Finally, we found that 

compliance with the NOX, SO2, and 

H2SO4 emission limits must be within 5 

years of the effective date of our final 

rule consistent with the requirements of 

the regional haze regulations. 

Petitions for judicial review of the 

final rule were subsequently filed in the 

United States Court of Appeals for the 

Tenth Circuit. The petitioners bringing 

those challenges are WildEarth 

Guardians, Public Service of New 

Mexico (PNM), and New Mexico 

Governor Susana Martinez with the 

New Mexico Environment Department. 

By a letter to the EPA Administrator, 

dated April 26, 2012, the Governor of 

New Mexico requested ‘‘a short term 

(90-day) stay’’ of the federal 

implementation plan to evaluate the 

potential for alternatives to the rule 

requirements. She presents a stay as 

being necessary for ‘‘meaningful, 

productive negotiations’’ that may lead 

to an avoidance of litigation. By a letter 

to the acting Regional Administrator of 

EPA Region 6, dated May 8, 2012, PNM 

also requested ‘‘an opportunity to 

engage in productive discussions as 

proposed by Governor Martinez.’’ 

We support discussions of any 

alternatives to the federal 

implementation plan that would be 

consistent with regional haze rule 

requirements and the requirements of 

section 110(a)(2)(D)(i)(II) of the CAA. If 

such an alternative arises through 

discussions with the State of New 

Mexico, as well as other stakeholders, it 

may provide a basis for submittal by the 

state of a revised SIP, withdrawal of the 

FIP, and the resolution of pending 

litigation. 

II. Today’s Final Rule 

A. Issuance of a Stay and Delay of the 

Effectiveness of the NM FIP Rule 

Pursuant to section 705 of the APA, 

the EPA hereby stays the effectiveness 

of the NM FIP Rule for a period of 90 

days from the date of publication of this 

Federal Register notice. By this action, 

we are staying the effectiveness of the 

rule published in the Federal Register 

on August 22, 2011 (76 FR 52388). This 

stay of effectiveness will remain in 

place for 90 days from today. This 

action adds a note to 40 CFR 52.1628 

that there is a 90 day stay of the 

effectiveness of the NM FIP Rule, but, in 

its substance, it does not alter any future 

compliance requirements. There are no 

compliance obligations under the terms 

of the NM FIP that arise during the 90 

day period. 

Under section 705 of the APA, ‘‘an 

agency * * * may postpone the 

effective date of [an] action taken by it 

pending judicial review.’’ This source of 

authority requires an Agency finding 

that ‘‘justice requires’’ a temporary stay 

of rule requirements. Accordingly, as 

groundwork for the mentioned 

discussions among the Agency, the State 

of New Mexico, and other stakeholders, 

EPA now finds that justice requires a 

90-day stay of the rule’s effectiveness. 

Our temporary stay of the effectiveness 

of the NM FIP Rule applies only to any 

requirements established in 40 CFR 

52.1628 during the 90-day stay and does 

not extend the ultimate compliance 

timeframe set out in the rule, which is 

a statutory requirement under CAA 

section 169A(b)(2)(A). Nevertheless, 

EPA intends to undertake a future 

rulemaking to either: (1) Extend the 

compliance time for the NM FIP to 

accommodate the stay; or (2) account for 

an alternative proposal. If the 


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