*** EO 12866/13563 Review – Do Not Cite, Qu ote or Release During the Review *** (RIN 2070-AJ52)

Page 1 of 30 

### EO 12866/13563 Review Draft – As Submitted Revised 11/19/14 1 Rin2070-AJ52_EO12866_Ethylene Glycol Ethers-SNUR_FRM_FRdocument_2014-08-15

- 2 Redlined_2014-11-19 .docx 3 4 BILLING CODE 6560-50-P 5 ENVIRONMENTAL PRO TECTION AGENCY 6 40 CFR Parts 9 and 721 7 EPA-HQ-OPPT-2009-0767; FRL- XXXX-X 8 RIN 2070-AJ52 9 Ethylene Glycol Ethers; Significant New Use Rule 10 AGENCY: Environmental Protection Agency (EPA). 11 ACTION: Final Rule. 12 SUMMARY: Under the Toxic Substances Control Act (TSCA), EPA is promulgating a 13 significant new use rule (SNUR) for seven ethylene glycol ethe rs (also known as 14 glymes). This rule will require persons w ho intend to manufacture (including import) or 15 process any of the seven ethylen e glycol ethers for an activit y that is designated as a 16 significant new use by this rule to notify EP A at least 90 days before commencing such 17 manufacture or processing. The required notifications would provide EPA with the 18 opportunity to evaluate the intended use and, if necessary based on the information 19 available at that time, an opportunity to protect ag ainst potential unreasonable risks, if 20 any, from that activity before it occurs. EPA is also making a technical amendment to the 21 codified list of control numb ers for approved information coll ection activities so that it 22 includes the control number assigned by the Office of Management and Budget (OMB) 23 to the information collection activities contained in this rule. 24 DATES: This final rule is effective [ insert date 60 days after date of publication in the 25 Federal Register ]. 26*** EO 12866/13563 Review – Do Not Cite, Qu ote or Release During the Review *** (RIN 2070-AJ52)

Page 2 of 30 ADDRESSES: The docket for this action, identi fied by docket identification (ID) 27 number EPA-HQ-OPPT-2009-0767, is available at http://www.regulations.gov or at the 28 Office of Pollution Prevention and Toxics Do cket (OPPT Docket), EPA Docket Center 29 (EPA/DC), West William Jefferson Clint on Bldg., Rm. 3334, 1301 Constitution Ave., 30 NW., Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., 31 Monday through Friday, excluding legal holidays. The telephone number for the Public 32 Reading Room is (202) 566-1744, and the tele phone number for the OPPT Docket is 33 (202) 566-0280. Please review the visitor instructions and additional information about 34 the docket available at http://www.epa.gov/dockets

. 35 FOR FURTHER INFORMATION CONTACT: For technical information contact : 36 Kirsten Hesla, Chemical Control Division (7405M), Office of Pollution Prevention and 37 Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, 38 DC 20460-0001; telephone number: 202-564-2984; e-mail address: 39 hesla.kirsten@epa.gov

. 40 For general information contact : The TSCA-Hotline, ABVI-Goodwill, 422 South 41 Clinton Ave., Rochester, NY 14620; telephon e number: (202) 554–1404; e-mail address: 42 TSCA-Hotline@epa.gov

. 43 SUPPLEMENTARY INFORMATION: 44 I. Executive Summary 45 A. Does this Action Apply to Me? 46 You may be potentially affected by th is action if you manuf acture (including 47 import) or process any of the chemical substances covered by this final rule

. The North 48 American Industrial Classification System ( NAICS) codes identified are not intended to 49 be exhaustive, but rather provides a guide to help readers determine whether this 50*** EO 12866/13563 Review – Do Not Cite, Qu ote or Release During the Review *** (RIN 2070-AJ52)

Page 3 of 30 document applies to them. Potentially affected entities may include: 51

• Manufacturers of one or more of subject chemical substances (NAICS codes 52 325 and 324110); e.g., chemical manufactur ing and petroleum refineries; 53

• All other basic organic chemical manufacturing (NAICS code 325199); 54

• Printing ink manufacturing (NAICS code 325910); 55

• Paint and coating manufacturi ng (NAICS code 325510); 56

• Adhesive manufacturing (NAICS code 325520); and 57

• Motor vehicle brake system manuf acturing (NAICS code 336340). 58 This action may also affect cert ain entities through pre-existing import 59 certification and export notification rule s under TSCA. Persons who import any 60 chemical substance are subject to the TSCA section 13 (15 U.S.C. 2612) import 61 certification requirements and the corres ponding regulations at 19 CFR 12.118 through 62 12.127; see also 19 CFR 127.28. Those persons mu st certify that the shipment of the 63 chemical substance complies with all appli cable rules and orders under TSCA, including 64 any SNUR requirements. The EPA policy in su pport of import certif ication appears at 40 65 CFR part 707, subpart B. In addition, a ny persons who export or intend to export a 66 chemical substance that is the subject of th is rule are subject to the export notification 67 provisions of TSCA section 12(b) (15 U.S.C. 2611(b)), (see 40 CFR 721.20), and must 68 comply with the export notification requi rements in 40 CFR part 707, subpart D. 69 To determine whether you or your business may be affected by this action, you 70 should carefully examine the applicabili ty provisions in 40 CFR 721.5 and 40 CFR 71 721.10299. If you have any questions regarding the applicability of this action to a 72 particular entity, consult the technical person listed under FOR FURTHER 73 INFORMATION CONTACT

. 74*** EO 12866/13563 Review – Do Not Cite, Qu ote or Release During the Review *** (RIN 2070-AJ52)

Page 4 of 30 B. What is the Agency's Aut hority for Taking this Action? 75 Section 5(a)(2) of TSCA (15 U.S. C. 2604(a)(2)) authorizes EPA to determine that 76 a use of a chemical substance is a “si gnificant new use.” EPA must make this 77 determination by rule after c onsidering all releva nt factors, includi ng those listed in 78 TSCA section 5(a)(2). Once EPA determines that a use of a chemical substance is a 79 significant new use, TSCA section 5(a)(1)(B) requires persons to submit a significant 80 new use notice (SNUN) to EPA at least 90 days before they manufacture or process the 81 chemical substance for that use (15 U.S.C. 2604(a)(1)(B)). As described in Unit V., the 82 general SNUR provisions are found at 40 CFR Part 721, Subpart A. 83 C. What Action is the Agency Taking? 84 In the Federal Register of July 12, 2011 (76 FR 40850) (FRL-8877-8), EPA 85 proposed a SNUR for 14 ethylene glycol ethers (Ref. 1). EPA’s response to public 86 comments received on the proposed rule appears in Unit X. Please consult the July 12, 87 2011 Federal Register document for further background info rmation for this final rule. 88 This final SNUR applies to seven of th e 14 ethylene glycol ethers identified in 89 the proposed rule. EPA is not finalizing th e SNUR for the other seven ethylene glycol 90 ethers proposed because the Agency believes that these chemicals are not sufficiently 91 similar to the seven chemicals subject to th is SNUR and therefore do not raise the same 92 concern for potential exposure to these chemi cals. (See Unit X.A. for more information.) 93 This final SNUR will require persons to notify EPA at least 90 days before commencing 94 the manufacture (including im port) or processing of: 95

• mono ethylene glycol dimethyl ether (monoglyme, CASRN 110-71-4) for any 96 use in a consumer product; 97

• diethylene glycol dimethyl ether (diglyme, CASRN 111-96-6) for any use in a 98*** EO 12866/13563 Review – Do Not Cite, Qu ote or Release During the Review *** (RIN 2070-AJ52)

Page 5 of 30 consumer product; 99

• ethylene glycol diethyl et her (ethylglyme, CASRN 629-14-1) for any use in a 100 consumer product; 101

• diethylene glycol diethyl ether (ethyldi glyme, CASRN 112-36-7) for any use in 102 a consumer product, except as a component of inks, coatings and adhesives, and as a 103 component of paint/graffiti removers; 104

• triethylene glycol dimethyl ether (triglyme, CASRN 112-49-2) for any use in a 105 consumer product, except as a solvent in c onsumer adhesives, in brake fluid, as a 106 component of consumer paint/graffiti removers, and in consumer paints; 107

• diethylene glycol dibutyl ether (butyl diglyme, CASRN 112-73-2) for any use in 108 a consumer product, except as a component of inks, coatings and adhesives, and as a 109 component in soldering compounds; or 110

• triethylene glycol dibutyl ether (but yltriglyme, CASRN 63512-36-7) for any 111

use. 112
D. Why is the Agency Taking this Action? 113 This SNUR is necessary to ensure that EPA receives timely advance notice of any 114 future manufacturing and processing of these ethylene glycol ethers for new uses that 115 may produce changes in human and envir onmental exposures. The rationale and 116 objectives for this SNUR ar e explained in Unit III. 117 E. What are the Estimated Incremental Impacts of this Action? 118 EPA has evaluated the potential co sts of establishing SNUR reporting 119 requirements for potential manufacturers and pr ocessors of the chemical substances 120 included in this final rule. This analysis, whic h is available in the doc ket, is discussed in 121 Unit IX., and is briefly summarized here. 122*** EO 12866/13563 Review – Do Not Cite, Qu ote or Release During the Review *** (RIN 2070-AJ52)

Page 6 of 30 In the event that a SNUN is submitted, co sts are estimated to be less than $8,700 123 per SNUN submission for large business submitters and $6,300 for small business 124 submitters. These estimates include the co st to prepare and submit the SNUN and the 125 payment of a user fee. In addition, for persons exporting a substance th at is the subject of 126 a SNUR, a one-time notice must be provided fo r the first export or intended export to a 127 particular country, which is estimated to co st less than $100 on aver age per notification. 128 Since EPA is unable to predict whether anyone might engage in future activities that 129 would require reporting, potential total costs were not estimated. 130 II. Overview of the Chemical Subs tances Subject to this Rule 131 The ethylene glycol ethers and the significant new use for each chemical 132 substance subject to this SNURare identified in Table 1. 133 Table 1. Chemicals with Significant New Use(s) 134 Chemical Name Chemical Abstracts (CA) Index Name Chemical Abstracts Service Registry No. (CASRN) Significant New Use(s) (a)
Monoethylene glycol dimethyl ether or monoglyme Ethane, 1,2,-dimethoxy110-71-4 Any use in a consumer product
Diethylene glycol dimethyl ether or diglyme Ethane, 1,1’-oxybis[2-methoxy111-96-6 Any use in a consumer product Diethylene glycol diethyl ether or ethyldiglyme Ethane, 1,1’-oxybis[2-ethoxy112-36-7 Any use in a consumer product except as a component of inks, coatings and adhesives, and as a component of paint/graffiti removers Triethylene glycol dimethyl ether or triglyme 2,5,8,11- Tetraoxadodecane 112-49-2 Any use in a consumer product, except as a solvent in consumer adhesives, in brake fluid, as a component of consumer paint/graffiti removers, and in consumer paints*** EO 12866/13563 Review – Do Not Cite, Qu ote or Release During the Review *** (RIN 2070-AJ52)

Page 7 of 30 Diethylene glycol dibutyl ether or butyl diglyme Butane, 1,1’- [oxybis(2,1-ethanediyloxy)]bis112-73-2 Any use in a consumer product except as a solvent in consumer inks, coatings and adhesives, and as a component in soldering compounds Ethylene glycol diethyl ether or ethylglyme Ethane, 1,2-diethoxy 629-14-1 Any use in a consumer product Triethylene glycol dibutyl ether or butyl triglyme 5,8,11,14- Tetraoxaoctadecane 63512-36-7 Any use

(a) In defining the significant new use for each chemical, the exceptions listed in this 135 table reflect the iden tified ongoing uses, where they exist, that are excluded from the 136 definition of significant new use. 137 138 EPA notes that the seven chemical substan ces that are the subjects of this SNUR 139 are not the only ethylene glycol ethers thatare of concern based on toxicity. EPA has 140 described the ethylene glycol ethers ca tegory more broadly under the TSCA New 141 Chemicals Program and under Emergency Pl anning and Community Right-To-Know Act 142 (EPCRA) section 313. (See the TSCA New Chemicals Program Chemical Categories 143 document (Ref. 2) and the EPCRA section 313 Li st of Toxic Chemicals “Certain Glycol 144 Ethers” category at 40 CFR 372.65(c) (Ref. 3). Both categories are based on a 145 consideration of structural si milarity and hazard.) These categories are broader than the 146 category that is subject to this SNUR. Fo r this rulemaking, EPA considered past and 147 current patterns of use as one factor in de termining which ethylene glycol ethers would 148 be included within the scope of this SNUR. EPA believes th at the seven ethylene glycol 149 ethers that are the subjects of this SNUR ha ve and/or had similar use patterns and can be 150 anticipated to have at least some similar ne w uses. Thus, given th e potential for similar 151 uses and the potential impact that these will have on type, duration, and magnitude of 152 exposure, EPA believes it is appropriate to focus on these seven ethylene glycol ethers. 153*** EO 12866/13563 Review – Do Not Cite, Qu ote or Release During the Review *** (RIN 2070-AJ52)

Page 8 of 30 III. Rationale and Objectiv es for this Final Rule 154 A. Rationale 155 EPA is concerned about the potential of the seven ethylen e glycol ethers that are 156 the subjects of this SNUR to cause repr oductive and/or developmental toxicity, 157 genotoxicity and toxicity to blood and blood forming organs a nd believes that individuals 158 could suffer adverse effects from their use (Refs. 1-4). This concern is based on a 159 combination of data and structure-activity relationships. While a specific hazard 160 evaluation is not required by TSCA section 5(a)(2), EPA considered hazard in 161 designating this category of ethylene glycol ethers. In deciding to focus on these 162 chemical substances, EPA considered use patter ns as well as toxicity data and structure163 activity relationships. EPA considered these factors in conjunction with the statutory 164 factors provided in section 5( a)(2). In designating the si gnificant new uses for these 165 chemical substances, EPA will have the oppor tunity to evaluate and control, where 166 appropriate, activities associatedwith those uses, if such ma nufacturing or processing for 167 the significant new uses were to start or re sume. The required notification provided by a 168 SNUN will provide EPA with the opportunity to evaluate activities associated with a 169 significant new use and an opportunity to pr otect against unreasonable risks, if any, 170 which may occur from exposure to these chemical substances. 171 Consistent with EPA's past practice for issuing SNURs under TSCA section 172 5(a)(2), EPA's decision to issue a SNUR for a particular chemical use need not be based 173 on an extensive evaluation of the hazard, exposure, or potential risk associated with that 174 use. Rather, the Agency's action is based on EP A's determination that if the use begins or 175 resumes, it may present a risk that EP A should evaluate under TSCA before the 176 manufacturing or processing for that use be gins. Since the new use does not currently 177*** EO 12866/13563 Review – Do Not Cite, Qu ote or Release During the Review *** (RIN 2070-AJ52)

Page 9 of 30 exist, deferring a detailed consideration of potenti al risks or hazards related to that use is 178 an effective use of resources. If a person decides to begin manufact uring or processing 179 the chemical for the use, the notice allows EPA to evaluate the use according to the 180 specific parameters and circumstance s surrounding that intended use. 181 B. Objectives 182 Based on the considerations in Unit III.A., EPA will achieve the following 183 objectives with regard to the significant new uses that are designated in this rule: 184 1. EPA will receive notice of any person’s in tent to manufacture or process any of 185 the chemical substances listed in Table 1 for the described significant new use before that 186 activity begins. 187 2. EPA will have an opportunity to revi ew and evaluate data submitted in a 188 SNUN before the notice submitter begins manufacturing or processing the chemical 189 substances listed in Table 1 for the described significant new use. 190 3. EPA will be able to regulate the pros pective manufacture or processing of the 191 chemical substances before the described si gnificant new use of th e chemical substance 192 listed in Table 1 occurs, provided that regula tion is warranted pursuant to TSCA sections 193 5(e), 5(f), 6 or 7. 194 IV. Significant New Use Determination 195 Section 5(a)(2) of TSCA states that EPA' s determination that a use of a chemical 196 substance is a significant new us e must be made after consider ation of all relevant factors 197 including: 198

• The projected volume of manufacturing a nd processing of a chemical substance. 199

• The extent to which a use changes the type or form of exposure of human beings 200 or the environment to a chemical substance. 201*** EO 12866/13563 Review – Do Not Cite, Qu ote or Release During the Review *** (RIN 2070-AJ52)

Page 10 of 30 • The extent to which a use increases th e magnitude and duration of exposure of 202 human beings or the environment to a chemical substance. 203

• The reasonably anticipated manner and methods of manufacturing, processing, 204 distribution in commerce, and disposal of a chemical substance. 205 In addition to these factors enumerated in TSCA section 5(a)(2), the statute 206 authorizes EPA to consider a ny other relevant factors. 207 To determine what would constitute a significant new use of the chemical 208 substances subject to this rule, as discusse d herein, EPA considered relevant information 209 about the potential toxicity of these substances, the range of uses for these chemicals and 210 the four factors listed in section 5(a)(2) of TSCA. 211 EPA believes that potential new consumer uses could change the type and form of 212 exposure and/or the magnitude and duration of exposure to humans and the environment 213 relative to what currently exists. Use in c onsumer products could re sult in different types 214 of exposure, e.g., inhalation exposure through sp ray applications, dermal exposure if the 215 consumer product is meant to be hand-applied to an object, than curr ently exist. Use in 216 different consumer products can also change the duration of exposure, which will depend 217 upon the type of consumer product in which th e chemical substance is used. Also, new 218 uses of any of these chemical substances would likely result in an increase of the 219 magnitude of exposure relative to current exposures given th at these uses would be in 220 addition to ongoing uses. Consumers use a variety of products; thus, their potential 221 exposures to a chemical substance in mu ltiple consumer products would likely be 222 additive. 223 New uses in consumer products would also result in differenc es in the processing 224 of the chemical substances that are the s ubject of this SNUR because these chemical 225*** EO 12866/13563 Review – Do Not Cite, Qu ote or Release During the Review *** (RIN 2070-AJ52)

Page 11 of 30 substances may be mixed with other chemi cals and may be made part of consumer 226 products with different prope rties, e.g., different viscos ities from existing consumer 227 products. Based on these considerations of the statutory factors, EPA has determined that 228 the uses identified in Table 1 are significan t new uses. In additi on, because there are no 229 current ongoing uses of triethylene glycol dibutyl ether, any new use would result in a 230 change in the volume of manufacturing and processi ng of this chemical substance, as 231 well as the type, form, magnitude and durati on of exposure, and the manner and methods 232 of manufacturing, processing, di stribution in commerce, and di sposal of this chemical 233 substance. 234 V. Applicability of General Provisions 235 General provisions for SNURs appear under 40 CFR part 721, subpart A. These 236 provisions describe persons subject to the ru le, recordkeeping requirements, exemptions 237 to reporting requirements, and applicability of the rule to uses occurring before the 238 effective date of the final rule. 239 Provisions relating to user fees appe ar at 40 CFR part 700. According to 40 CFR 240 721.1(c), persons subject to SNURs must comp ly with the same notice requirements and 241 EPA regulatory procedures as submitters of Premanufacture Notices (PMNs) under 242 TSCA section 5(a)(1)(A). In particular, these requirements include the information 243 submissions requirements of TSCA section 5(b) and 5(d)(1), the exemptions authorized 244 by TSCA section 5(h)(1), (h)(2), (h)(3), and (h)(5), and the regulations at 40 CFR part 245 720. Once EPA receives a SNUN, EPA may take regulatory action under TSCA section 246 5(e), 5(f), 6 or 7 to control the activities on which it has received the SNUN. If EPA does 247 not take action, EPA is required under TS CA section 5(g) to explain in the Federal 248 Register its reasons for not taking action. 249*** EO 12866/13563 Review – Do Not Cite, Qu ote or Release During the Review *** (RIN 2070-AJ52)

Page 12 of 30 Persons who export or intend to export a chemical substance( s) identified in a 250 proposed or final SNUR are s ubject to the export notificati on provisions of TSCA section 251 12(b). The regulations that interpret TSCA section 12(b) appear at 40 CFR part 707, 252 subpart D. Persons who import a chemical s ubstance are subject to the TSCA section 13 253 import certification requirements, codifi ed at 19 CFR 12.118 through 12.127; see also 19 254 CFR 127.28. Such persons must certify that the shipment of the chemical substance 255 complies with all applicable rules and orders under TSCA, including any SNUR 256 requirements. The EPA policy in support of im port certification appears at 40 CFR part 257 707, subpart B. 258 VI. Applicability of the Rule to Uses Occurring Before Effective Date of the Final 259 Rule 260 As discussed in the Federal Register of April 24, 1990 (55 FR 17376), EPA has 261 decided that the intent of s ection 5(a)(1)(B) of TSCA is best served by designating a use 262 as a significant new use as of the date of publication of the pr oposed rule rather than as of 263 the effective date of the final rule. If us es begun after publication of the proposed rule 264 were considered ongoing rather than new, it would be difficult for EPA to establish 265 SNUR notice requirements, because a person could defeat the SNUR by initiating the 266 proposed significant new use before the rule became final, and then argue that the use 267 was ongoing as of the effective date of the fi nal rule. Thus, persons who may have begun 268 commercial manufacture or proces sing of the chemical substance(s) subject to this rule 269 after the proposal was published on July 12, 2011, must cease such activity before the 270 effective date of this final rule. To resume their activities, these persons will have to 271 comply with all applicable SNUR notice requirements and wait until the notice review 272 period, including all extensions, expires. Uses arising after th e publication of the 273*** EO 12866/13563 Review – Do Not Cite, Qu ote or Release During the Review *** (RIN 2070-AJ52)

Page 13 of 30 proposed rule are distinguished from uses that exist at publication of the proposed rule. 274 The former would be new uses, the latter ongoing uses. To the extent that additional 275 ongoing uses were found in the course of rule making, EPA has excluded these uses from 276 the final SNUR. EPA promulgated provisions to allow persons to comply with this 277 SNUR before the effective date. If a pers on were to meet the conditions of advance 278 compliance under section 721.45(h), that person would be considered to have met the 279 requirements of the final SNUR for those activities. 280 VII. Test Data and Other Information 281 EPA recognizes that TSCA section 5 doe s not usually require developing any 282 particular test data before submission of a SNUN. There are two exceptions: 1) 283 development of test data is re quired where the chemical substance subject to the SNUR is 284 also subject to a test rule under TSCA section 4 (see TSCA section 5(b)(1)); and 2) 285 development of test data may be necessary wh ere the chemical substance has been listed 286 under TSCA section 5(b)(4) (see TSCA section 5(b)(2)). In the absence of a section 4 287 test rule or a section 5(b)(4) listing covering the chemical s ubstance, persons are required 288 only to submit test data in their possession orcontrol and to desc ribe any other data 289 known to or reasonably ascertainable by them (15 U.S.C. 2604(d); 40 CFR 721.25, and 290 40 CFR 720.50). However, as a general matte r, EPA recommends that SNUN submitters 291 include data that would permit a reasoned evaluation of risks posed by the chemical 292 substance during its manufacture (including import), processing, us e, distribution in 293 commerce, or disposal. EPA encourages pe rsons to consult with the Agency before 294 submitting a SNUN. As part of this optiona l pre-notice consultation, EPA would discuss 295 specific data it believe s may be useful in evaluating a significant new use. SNUNs 296 submitted for significant new uses without any test data may increase the likelihood that 297*** EO 12866/13563 Review – Do Not Cite, Qu ote or Release During the Review *** (RIN 2070-AJ52)

Page 14 of 30 EPA will take action under TSCA section 5(e) to prohibit or limit activities associated 298 with this chemical substance. 299 SNUN submitters should be aware thatEPA will be better able to evaluate 300 SNUNs that provide deta iled information on: 301 1. Human exposure and environmental re leases that may result from the 302 significant new uses of the chemical substance. 303 2. Potential benefits of the chemical substance. 304 3. Information on risks posed by the chemical substances compared to risks posed 305 by potential substitutes. 306 VIII. SNUN Submissions 307 EPA recommends that entities consult with the Agency prior to submitting a 308 SNUN to discuss what data may be useful in evaluating a sign ificant new use. 309 Discussions with the Agency prior to submission can afford ample time to conduct any 310 tests that might be helpful in evaluating ri sks posed by the intended use of the chemical 311 substance. According to section 721.1(c), persons submitting a SNUN must comply with 312 the same notice requirements and EPA regul atory procedures as persons submitting a 313 PMN, including submission of test data on he alth and environmental effects as described 314 in § 720.50. SNUNs must be submitted on EP A Form No. 7710-25, generated using e315 PMN software, and submitted to the Agency in accordance with the procedures set forth 316 in §§ 721.25 and 720.40. E-PMN software is available electronically at 317 http://www.epa.gov/opptintr/newchems

. 318 IX. Economic Analysis 319 A. SNUNs 320*** EO 12866/13563 Review – Do Not Cite, Qu ote or Release During the Review *** (RIN 2070-AJ52)

Page 15 of 30 EPA has evaluated the potential co sts of establishing SNUR reporting 321 requirements for potential manufacturers and processors of the chemical substance 322 included in this rule (Ref. 5). In the even t that a SNUN is submitted, costs are estimated 323 at approximately $8,589 per SNUN submissi on for large business submitters and $6,189 324 for small business submitters. These estimates include the cost to prepare and submit the 325 SNUN, and the payment of a user fee. Busi nesses that submit a SNUN would be subject 326 to either a $2,500 user fee re quired by 40 CFR 700.45(b)(2)(iii) , or, if they are a small 327 business with annual sales of less than $40 million when combined with those of the 328 parent company (if any), a reduced user f ee of $100 (40 CFR 700.45(b)(1)). The costs of 329 submission of SNUNs will not be incurred by any company unless a company decides to 330 pursue a significant new use as defined in this SNUR. EPA's complete economic 331 analysis is available in the public docket for this rule (Ref. 5) 332 B. Export Notification 333 Under section 12(b) of TSCA and the implementing regulations at 40 CFR part 334 707, subpart D, exporters must notify EPA if th ey export or intend to export a chemical 335 substance or mixture for which, among othe r things, a rule has been proposed or 336 promulgated under section 5. For persons expor ting a substance that is the subject of a 337 SNUR, a one-time notice must be provided for the first export or intended export to a 338 particular country. The total costs of export notifi cation will vary by chemical substance, 339 depending on the number of required notifications (i.e., the number of countries to which 340 the chemical substance is exported). EPA is unable to make any estimate of the likely 341 number of export notifications for the chemical substances covered in this SNUR. 342 X. Response to Comments 343 The Agency reviewed and considered all comments received related to the 344*** EO 12866/13563 Review – Do Not Cite, Qu ote or Release During the Review *** (RIN 2070-AJ52)

Page 16 of 30 proposed rule. Copies of all non-CBI comment s are available in the docket for this action 345 (EPA-HQ-OPPT-2009-0767). A discussion of the major comments germane to the 346 rulemaking and the Agency’s responses follow. Responses to all germane comments 347 received are in the document titled: Response to Comments on the Proposed Ethylene 348 Glycol Ethers (Glymes) Signifi cant New Use Rule (SNUR) (Ref. 6), which is also 349 available in the docket. 350 A. Scope of Ethylene Glycol Ethers Category. 351 Comment 1: One commenter contends that the term glymes, while technically 352 correct, is a less well-known term for thes e ethylene glycol ethers. The commenter 353 asserts it may not have been clear to many wh at chemicals are subject to this rulemaking. 354 Response 1: EPA disagrees that it was unclear what chemical substances were 355 the subjects of the proposed SNUR. Even if an individual manufacturer or processor 356 were unfamiliar with the term EPA used to designate the category (“ glymes”), all of the 357 chemical substances proposed to be incl uded in the SNUR were also individually 358 identified by their CASRN, CA Index Name , and ethylene glycol ether common name. 359 Notice of the proposal was adequate; there we re several ways in which stakeholders 360 could have determined which chemical subs tances were the subjects of the proposal. 361 However, to increase clarity, EPA will list the “ethylene glycol ether” name instead of the 362 name “glymes” to characterize the chemicals subject to this SNUR. 363 Comment 2: One commenter contends that while the ethylene glycol ethers are 364 structurally similar, they vary in molecular weight, in the number of ethylene glycol 365 groups, and in the length of the terminal alky l groups. The commenter asserts that the 366 presence of characteristics, such as longer te rminal alkyl groups and more ethylene glycol 367 groups act to reduce the developmental and re productive toxicity of the higher molecular 368*** EO 12866/13563 Review – Do Not Cite, Qu ote or Release During the Review *** (RIN 2070-AJ52)

Page 17 of 30 weight ethylene glycol ethers, as compared to the lower molecular weight ethylene glycol 369 ethers. The commenter states that there is a decrease in ethylene glycol ether toxicity 370 with increasing terminal alkyl length and/orincreasing ethylene gl ycol groups, and that 371 the category should be limited to monoglym e, diglyme and ethylglyme. Another 372 commenter contends that the category s hould be limited based on a consideration of 373 metabolism. The commenter contends that th e category should be limited to monoglyme, 374 diglyme, ethyl diglyme and triglyme because only these will be metabolized in the body 375 to chemical substances that have toxicity characteristics of ethylen e glycol monomethyl 376 ether and ethylene glycol monoethyl ether. The commenter conte nds that none of the 377 other ethylene glycol ethers e xhibit developmental or reproductive toxicity similar to that 378 of these four chemical substances. 379 Response 2: A specific evaluation of hazard is not required by TSCA section 380 5(a)(2) to issue a SNUR. Nonetheless, EPA has based this SNUR in part on 381 considerations of toxicity, so toxicity consid erations are relevant in this instance. 382 EPA believes that based on both toxicity da ta and structure-activity relationships 383 (Refs. 1-4) ethylene glycol ethers that c onsist of 1, 2 or 3 glycol ether groups and 384 terminal alkyl groups of 1 to 4 carbons can be anticipated to cau se developmental and 385 reproductive toxicity and/or hemolytic toxicit y. Based on these same data and structure386 activity relationships, EPA agrees with comment ers that chemical substances with more 387 than 3 repeating glycol ether units should not be included in the category because the 388 toxicity of such substances is dissimilar fr om the remaining members of the category. 389 Therefore, EPA removed seven of the proposed category members from the final rule. 390 While there is evidence that the toxicity is reduced going from methyl to butyl 391 ether and with increasing number of ethylen e glycol groups, toxicity is still observed 392*** EO 12866/13563 Review – Do Not Cite, Qu ote or Release During the Review *** (RIN 2070-AJ52)

Page 18 of 30 (Refs. 3, 4). Indeed, data provided by one commenter demonstrate the developmental 393 toxicity of six of the seven ethylene glycol ethers (Ref. 7) . Among the seven substances 394 listed in Table 1, EPA disagrees that the rele vant evidence establishes sufficient variation 395 in degree of toxicity to cull any further substances from the group. Differing doses at 396 which toxicity occurs does not equate with lack of toxicity. T hus, EPA disagrees with 397 the commenter that the category should be further limited to only those chemicals which 398 induce toxicity at the lowest doses. Inclusion in the categor y is appropriately predicated 399

on similarity of toxicity. (EPA notes also that th e commenters’ individua l lists are not in 400 agreement with respect to ethylene glycol et hers that they consider to be the most 401 developmentally toxic, and that there is onl y partial overlap between these two lists.) 402 Further, ethylene glycol ethers cause a dverse effects in addition to reproductive 403 and developmental toxicity. Data for other t oxic effects of ethylene glycol ethers with 404 terminal alkyl groups of one to four carbons do not indicate a trend toward decreasing 405 toxicity with increasing alkyl chain length (Ref. 4). Hemolysis has been reported in 406 varying degrees for ethylene glycol ethers of one to five carbons in the alkyl chains (Ref. 407 4). Hemolysis is associated with chain length, and a chain length of four carbons causes 408 this type of toxicity at the lowest dose (Ref. 4). 409 One commenter contends that “the lower glymes that are generally considered to 410 be toxic following repeated exposure are: monoglyme, diglyme and ethylglyme. The 411 higher glymes that are less toxic following re peated exposure are triglyme, tetraglyme, 412 polyglyme, ethyldiglyme and butyldiglyme” (R ef. 7). EPA disagrees that molecular 413 weight can be appropriately applied, by its elf, to establish which substances are 414 sufficiently similar to be included in the SNUR . EPA notes that some level of variation 415 within chemical categories is inevitable wh en placing similar chemicals into groups, and 416*** EO 12866/13563 Review – Do Not Cite, Qu ote or Release During the Review *** (RIN 2070-AJ52)

Page 19 of 30 therefore, variation is expected. The similarity in the toxicity of th e chemical substances 417 that are the subject of this SNUR is not primarily based on molecular weight but as 418 discussed above is based on both toxicity dataand structure-activity relationships (Refs 419 1-4). Ethylene glycol ethers that consist of 1, 2 or 3 glycol ether groups and terminal 420 alkyl groups of 1 to 4 carbons can be an ticipated to cause developmental and 421 reproductive toxicity and/or hemolytic toxicit y. Based on these toxi city considerations, 422 EPA notes that it did, in fact remove some of the higher molecular weight ethylene glycol 423 ethers from the final rule. But EPA disagrees that varying molecular weight, in itself, 424 should be a deciding factor in eliminating a chemical substance from a category of 425 similar chemical substances. While the commenter provides limited data on 426 developmental and reproductive toxicity, they provide no data with respect to other 427 toxicity endpoints of concer n (including toxicity to blood and blood forming organs, and 428 potential for gene mutation) and the commenter does not speculate on possible 429 similarities or differences among the chemical substances with respect to these endpoints 430 (Ref. 7). 431 Comment 3: Several commenters contend th at the ethylene glycol ether category 432 is too broad. While the chemical substances in the category are similar because they have 433 one or more repeating glycol ether groups and terminal alkyl chains, structural similarity 434 is not sufficient to predict toxicity. One commenter further states that structural 435 similarities alone should not be the basis for toxicity determinations, risk assessment and 436 subsequent regulation. 437 Response 3: EPA acknowledges the commenter s’ assertions that the category of 438 ethylene glycol ethers in th e proposed SNUR was too broad, and is finalizing this SNUR 439 for only seven of the original 14 chemicals. 440*** EO 12866/13563 Review – Do Not Cite, Qu ote or Release During the Review *** (RIN 2070-AJ52)

Page 20 of 30 The commenters’ remaining arguments (about the relevan ce of structural 441 similarities to risk assessment, and subsequentregulation) are premature. This SNUR is 442 not based on a risk assessment, and it does not establish that subseque nt regulation of the 443 ethylene glycol ethers would be necessary in the event EPA receives a significant new 444 use notice after promulgating this rule. 445 While EPA did consider toxicity in deciding to focus on these chemical 446 substances, under TSCA section 5(a)(2), EPA is neither required to determine that a 447 particular new use of any chemical substance presents, nor even that it may present, an 448 unreasonable risk to human health or the envi ronment. Rather, EPA issues a SNUR for a 449 particular new use of a substance if it has reason to anticipate th at the use would raise 450 significant questions related to potential exposure, so that it should have an opportunity to 451 review the use before such use could occur. EPA bases this judgment on a consideration 452 of all relevant factor s, including the specific factors iden tified at section 5(a)(2). EPA 453 considered similarities in toxicity and potential toxicity among these chemical 454 substances, similarities in uses and consid ered the extent to which the significant new 455 uses that are the subject of this SNUR coul d result in changes to the processing of these 456 chemical substances and the type, durati on and magnitude of exposures to these 457 chemicals. 458
B. Use. 459 Comment 4: Two commenter s request clarification on whether automobiles are 460 considered consumer products. These commen ters point to the definition of consumer 461 product at section 3(a)(5) of the Consumer Product Safety Act (CPSA), which excludes 462 motor vehicles. These commenters conte nd that the EPA definition at 40 CFR 721.3 463 should be clarified to be consistent with CPSA and exclude motor vehicles. 464*** EO 12866/13563 Review – Do Not Cite, Qu ote or Release During the Review *** (RIN 2070-AJ52)

Page 21 of 30 Response 4: CPSA is a di fferent statute from TSCA. For purposes of significant 465 new use rules issued pursuant to TSCA, c onsumer product is defined at 40 CFR 721.3 as 466 “...a chemical substance that is directly, or as part of a mixture, soldor made available to 467 consumers for their use in or around a permanen t or temporary household or residence, in 468 or around a school, or in recreati on.” This is the pertinent re gulatory text and it contains 469 no exclusion for automobiles. 470 However, EPA would not consider ethylene glycol ethers to have been “sold or 471 made available to consumers for their use” merely because they have been sold or made 472 available to automobile manufacturers or co mmercial auto service establishments (for 473 their use in manufacturing or maintaining cu stomers’ motor vehicl es). By contrast, 474 ethylene glycol ethers that are sold or made available to a consumer, for the consumer’s 475 own use in maintaining his or her own motor ve hicle (e.g., as part of an aftermarket brake 476 fluid) would fall within the de finition of “consumer product.” 477 Comment 5: One commenter asks that EPA clarify the status of brake fluid 478 contained in a new or used mo tor vehicle at point of sale. 479 Response 5: EPA would not consider an et hylene glycol ether to have been “sold 480 or made available to consumers for their use, ” merely because it has been made available 481 to motor vehicle manufacturers (as part of a brake fluid mixture for their use in 482 manufacturing customers’ motor vehicles) or used car dealers. By contrast, ethylene 483 glycol ethers that are sold or made available to a consumer, for the consumer’s own use 484 in maintaining his or her own motor vehicle (e .g., as part of an aftermarket brake fluid) 485 would fall within the definition of “consumer product.” 486 Comment 6: One commenter requested that EPA clarify how aftermarket 487 components are addressed in this rulemaking. 488*** EO 12866/13563 Review – Do Not Cite, Qu ote or Release During the Review *** (RIN 2070-AJ52)

Page 22 of 30 Response 6: An aftermarket componen t is any product offered for sale or 489 installation in or on a motor vehicle after such vehicle has left the manufacturer's 490 production line. Use in an aftermarket co mponent would qualify as use in a consumer 491 product if the chemical substa nces in an aftermarket component are “sold or made 492 available to consumers for their use in oraround a permanent or temporary household or 493 residence, in or around a school, or in recreation.” 40 CFR 721.3. 494 Comment 7: Two commenter s request that EPA modi fy the listed ongoing use 495 for monoethylene glycol dimethyl ether (m onoglyme) listed in the proposed rule - “any 496 use in a consumer product except in electrolyt e solution in sealed lithium batteries” to 497 “any use in a consumer product except in elec trolyte solutions for primary and secondary 498 sealed lithium batteries” - because this w ould clarify that the ongoing use of monoglyme 499 is in all primary and secondary batteries. 500 Response 7: For purposes of defining the scope of the significant new use, EPA 501 has determined that the use of ethylene glycol ethers in sealed lithium batteries (whether 502 primary or secondary) is not use in a consumerproduct. An ethylene glycol ether is not 503 being “sold or made available to consumers for their use,” 40 CF R 721.3, merely because 504 it is contained in the electrol yte of sealed lithium batteries , which are themselves used by 505 consumers. With this clarification, EP A is finalizing the significant new use for 506 monoethylene glycol dimethyl ether as “any use in a consumer product.” 507 XI. References 508 The following is a listing of the documents that are specifically referenced in this 509 document. The docket includes these docum ents and other information considered by 510 EPA in developing this rule, including the documents referenced within the documents 511 that are in the docket, even if the referenced document is not physically located in the 512*** EO 12866/13563 Review – Do Not Cite, Qu ote or Release During the Review *** (RIN 2070-AJ52)

Page 23 of 30 docket. For assistance in locating these othe r documents, please consult the technical 513 person listed under FOR FURTHER INFORMATION CONTACT

. 514 1. US EPA. Glymes; Proposed Significant New Use Rule. 76 FR 40850, July 12, 515 2011. 516 2. US EPA. TSCA New Chemicals Program (NCP) Chemical Categories. Last 517 revised August 2010, pages 68 – 69. 518 http://www.epa.gov/oppt/newchems/ pubs/npcchemicalcategories.pdf. 519 3. US EPA. Glycol Ethers Category; Toxic Chemical Release Reporting; 520 Community Right-To-Know. 58 FR 36180, July 6, 1993. 521 4. US EPA. Glycol Ethers Category; Toxic Chemical Release Reporting; 522 Community Right-To-Know. 59 FR 34386, July 5, 1994. 523 5. US EPA. Economic Analysis of th e Significant New Use Rule for Seven 524 Ethylene Glycol Ethers. Prepared by Ni shkam Agarwal and Abt Associates Inc. 525 September 30, 2013. 526 6. US EPA. Response to Comments on the Proposed Ethylene Glycol Ethers 527 (Glymes) Significant New Use Rule (SNUR). October 30, 2013. 528 7. Novolyte Technologies. Attachment 1: Categorization of Glymes Based on 529 Toxicology and Structural Characteri stics. October 12, 2011, pages 1-21. 530 XII. Statutory and Executive Order Reviews 531 A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: 532 Improving Regulation and Regulatory Review 533 This final rule has been designated by OMB as a “significa nt regulatory action” 534 under section 3(f) of Executive Orde r 12866 (58 FR 51735, October 4, 1993). 535 Accordingly, EPA submitted this action to OMB for review under Executive Orders 536*** EO 12866/13563 Review – Do Not Cite, Qu ote or Release During the Review *** (RIN 2070-AJ52)

Page 24 of 30 12866 and 13563 (76 FR 3821, January 21, 2011) and any changes made in response to 537 OMB recommendations have been documented in the docket for this action. 538 B. Paperwork Reduction Act (PRA) 539 This action does not impose any new in formation collection burden under the 540 PRA, 44 U.S.C. 3501 et seq. Burden is defi ned in 5 CFR 1320.3(b). The information 541 collection activities associated with exis ting chemical SNURs are already approved by 542 OMB under OMB control number 2070-0038 (EPA ICR No. 1188); and the information 543 collection activities a ssociated with export notifications are already approved by OMB 544 under OMB control number 2070-0030 (EPA ICR N o. 0795). If an entity were to submit 545 a SNUN to the Agency, the annual burden is estimated to be less than 100 hours per 546 response, and the estimated burden for an e xport notifications is less than 1.5 hours per 547 notification. In both cases, burden is estimatedto be reduced for submitters who have 548 already registered to use the electronic submission system. Additional burden, estimated 549 to be less than 10 hours, coul d be incurred where additional record keeping requirements 550 are specified under 40 CFR §721.12 5(a), (b), and (c). 551 An agency may not conduct or sponsor, and a person is not required to respond to 552 a collection of information that requires OM B approval under the PRA, unless it has been 553 approved by OMB and displays a currentl y valid OMB control number. The OMB 554 control numbers for EPA's regulations in Titl e 40 of the CFR, after appearing in the 555 Federal Register , are listed in 40 CFR, part 9, a nd included on the related collection 556 instrument, or form, if applicable. EPA is am ending the table in 40 CFR part 9 to list this 557 SNUR. This listing of the OMB control numbers and their subsequent codification in the 558 CFR satisfies the display requirements of the PRA and OMB's implementing regulations 559 at 5 CFR part 1320. Since the existing OMB approval was previously subject to public 560*** EO 12866/13563 Review – Do Not Cite, Qu ote or Release During the Review *** (RIN 2070-AJ52)

Page 25 of 30 notice and comment before OMB approval, and given the technical nature of the table, 561 EPA finds that further notice and comment to amend the table is unnecessary. As a 562 result, EPA finds that there is “good cause” under section 55 3(b)(3)(B) of the 563 Administrative Procedure Act (5 U.S.C. 553(b )(3)(B)) to amend this table without further 564 notice and comment. 565 C. Regulatory Flexibility Act (RFA) 566 Pursuant to section 605(b) of the RFA, 5 U.S.C. 601 et seq., I hereby certify that 567 promulgation of this SNUR will not have a significant economic impact on a substantial 568 number of small entities. The rationale supporting this conclusion is as follows. 569 A SNUR applies to any pers on (including small or large entities) who intends to 570 engage in any activity describe d in the rule as a “significan t new use.” By definition of 571 the word “new” and based on all information cu rrently available to EPA, it appears that 572 no small or large entities presently engage in such activities. Since this SNUR will 573 require a person who intends to engage in such activity in the future to first notify EPA 574 by submitting a SNUN, no economic impact will occur unless someone files a SNUN to 575 pursue a significant new use in the future or forgoes profits by avoiding or delaying the 576 significant new use. Although some small en tities may decide to engage in such 577 activities in the future, EPA cannot presently determine how many, if any, there may be. 578 However, EPA’s experience to date is that , in response to the promulgation of SNURs 579 covering over 1,000 chemical substances, the Agency receives only a handful of notices 580 per year. During the six year period from 2005-2011, only three submitters self581 identified as small in their SNUN submi ssion (Ref. 5). EPA believes the cost of 582 submitting a SNUN is relatively small compared to the cost of developing and marketing 583*** EO 12866/13563 Review – Do Not Cite, Qu ote or Release During the Review *** (RIN 2070-AJ52)

Page 26 of 30 a chemical new to a firm and that the requi rement to submit a SNUN generally does not 584 have a significant economic impact. 585 Therefore, EPA believes that the potentia l economic impact of complying with 586 this SNUR is not expected to be significan t or adversely impact a substantial number of 587 small entities. In a SNUR that published as a final rule on August 8, 1997 (62 FR 42690) 588 (FRL-5735-4), the Agency presented its gene ral determination that proposed and final 589 SNURs are not expected to have a signifi cant economic impact on a substantial number 590 of small entities, which was provided to th e Chief Counsel for Advocacy of the Small 591 Business Administration. 592 D. Unfunded Mandates Reform Act (UMRA) 593 Based on EPA’s experience with proposi ng and finalizing SNURs, State, local, 594 and Tribal governments have not been imp acted by these rulemakings, and EPA does not 595 have any reason to believe that any State, lo cal, or Tribal government would be impacted 596 by this rulemaking. As such, EPA has determined that this regul atory action would not 597 impose any enforceable duty, contain any unfunded mandate, or otherwise have any 598 effect on small governments subject to th e requirements of sections 202, 203, 204, or 205 599 of UMRA, 2 U.S.C. 1531-1538. 600 E. Executive Order 13132: Federalism 601 This action does not have a substantial di rect effect on States , on the relationship 602 between the national government and the Stat es, or on the distribution of power and 603 responsibilities among the various levels of government, as specified in Executive Order 604 13132 (64 FR 43255, August 10, 1999). 605 F. Executive Order 13175: Consultation and Coordination with Indian Tribal 606
Governments 607*** EO 12866/13563 Review – Do Not Cite, Qu ote or Release During the Review *** (RIN 2070-AJ52)

Page 27 of 30 This rule does not have Tribal impli cations because it will not have any effect 608 (i.e., there will be no increase or decrease in authority or jurisdiction) on Tribal 609 governments, on the relationship between the Federal government and the Indian tribes, 610 or on the distribution of power and responsib ilities between the Federal government and 611 Indian tribes. Thus, Executive Order 13175 (65 FR 67249, November 9, 2000) does not 612 apply to this action. 613 G. Executive Order 13045: Protection of Childre n from Environmental Health Risks and 614 Safety Risks 615 This action is not subject to Executive Order 13045 (62 FR 19885, April 23, 616 1997), because this action is not intended to ad dress environmental health or safety risks 617 for children. 618 H. Executive Order 13211: Actions that Significantly Affect Energy Supply, Distribution, 619
or Use 620 This rule is not subject to Ex ecutive Order 13211 (66 FR 28355, May 22, 2001), 621 because this action is not expected to a ffect energy supply, distribution, or use. 622 I. National Technology Transfe r Advancement Act (NTTAA) 623 Since this action does not involve any t echnical standards, NTTAA section 12(d), 624 15 U.S.C. 272 note, does not apply to this action. 625 J. Executive Order 12898: Federal Actions to Address Environmental Justice in Minority 626 Populations and Low-Income Populations 627 This action does not entail sp ecial considerations of environmental justice related 628 issues as delineated by Executive Order 12898 (59 FR 7629, February 16, 1994), because 629 EPA has determined that this action will not have disproportionately high and adverse 630 human health or environmental effects on minority or low-income populations. This 631*** EO 12866/13563 Review – Do Not Cite, Qu ote or Release During the Review *** (RIN 2070-AJ52)

Page 28 of 30 action does not affect the level of protection provided to human health or the 632 environment. 633 XIII. Congressional Review Act (CRA) 634 Pursuant to the CRA, 5 U.S.C. 801 et seq. , EPA will submit a report containing 635 this rule and other required information to the U.S. Senate, the U.S. House of 636 Representatives, and the Comptroller General of the United States prior to publication of 637 the rule in the Federal Register . This action is not a “major rule” as defined by 5 U.S.C. 638 804(2). 639 List of Subjects 640 40 CFR Part 9 641 Environmental protection, Reporting and recordkeeping requirements. 642 40 CFR Part 721 643 Environmental protection, Chemicals, Hazardous substances, Reporting and 644 recordkeeping requirements. 645 Dated: _______________________ 646 647

_______________________________________________ 648 Director, Office of Pollution Prevention and Toxics. 649*** EO 12866/13563 Review – Do Not Cite, Qu ote or Release During the Review *** (RIN 2070-AJ52)

Page 29 of 30 Therefore, 40 CFR parts 9 and 721 are amended as follows: 650 PART 9--[AMENDED] 651 1. The authority citation for part 9 continues to read as follows: 652 Authority: 7 U.S.C. 135 et seq ., 136-136y; 15 U.S.C. 2001, 2003, 2005, 2006, 653 2601-2671; 21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33 U.S.C. 1251 et seq ., 1311, 654 1313d, 1314, 1318, 1321, 1326, 1330, 1342, 1344, 1345 (d) and (e), 1361; E.O. 11735, 655 38 FR 21243, 3 CFR, 1971-1975 Comp. p. 973; 42 U.S.C. 241, 242b, 243, 246, 300f, 656 300g, 300g-1, 300g-2, 300g-3, 300g-4, 300g-5, 300g-6, 300j-1, 300j-2, 300j-3, 300j-4, 657 300j-9, 1857 et seq ., 6901-6992k, 7401-7671q, 7542, 9601-9657, 11023, 11048. 658 2. In § 9.1, add the following sections in numer ical order under the undesignated 659 center heading “Significant New Uses of Ch emical Substances” to read as follows: 660 § 9.1 OMB approvals under the Paperwork Reduction Act. 661
* * * * * 662 40 CFR citation OMB control No.

* * * * * Significant New Uses of Chemical Substances * * * * * 721.10229 2070-0038

* * * * * 663 * * * * * 664 PART 721--[AMENDED] 665 3. The authority citation for part 721 continues to read as follows: 666 Authority: 15 U.S.C. 2604, 2607, and 2625(c). 667 4. Add §721.10229 to subpart E to read as follows : 668*** EO 12866/13563 Review – Do Not Cite, Qu ote or Release During the Review *** (RIN 2070-AJ52)

Page 30 of 30 §721.10229 Ethylene Glycol Ethers. 669 (a) Chemical substances and signific ant new uses subject to reporting . (1) The chemical 670 substances identified in Table 1 are subjec t to reporting under this section for the 671 significant new uses de scribed in Table 1 672 Table 1. Ethylene glycol ethers and signif icant new uses subject to reporting. 673 Chemical Name Chemical Abstracts Index Name Chemical Abstracts Service Registry No. (CASRN) Significant New Use(s)

Monoethylene glycol dimethyl ether or monoglyme Ethane, 1,2,-dimethoxy110-71-4 Any use in a consumer product
Diethylene glycol dimethyl ether or diglyme Ethane, 1,1’-oxybis[2-methoxy111-96-6 Any use in a consumer product Diethylene glycol diethyl ether or ethyldiglyme Ethane, 1,1’-oxybis[2-ethoxy112-36-7 Any use in a consumer product except as a component of inks, coatings and adhesives, and as a component of paint/graffiti removers Triethylene glycol dimethyl ether or triglyme 2,5,8,11- Tetraoxadodecane 112-49-2 Any use in a consumer product, except as a solvent in consumer adhesives, in brake fluid, as a component of consumer paint/graffiti removers, and in consumer paints Diethylene glycol dibutyl ether or butyldiglyme Butane, 1,1’- [oxybis(2,1-ethanediyloxy)]bis112-73-2 Any use in a consumer product except as a solvent in consumer inks, coatings and adhesives, and as a component in soldering compounds Ethylene glycol diethyl ether or ethylglyme Ethane, 1,2- diethoxy 629-14-1 Any use in a consumer product Triethylene glycol dibutyl ether or butyltriglyme 5,8,11,14- Tetraoxaoctadecane 63512-36-7 Any use

674