20296 Federal Register / Vol. 77, No. 65 / Wednesday, April 4, 2012 / Rules and Regulations 

restricted area as the Supervisor of 

Shipbuilding, Conversion, and Repair 

Gulf Coast (SUPSHIP Gulf Coast). After 

the document was published, the 

Department of the Navy revised the 

mission, functions, and tasks of the 

Supervisors of Shipbuilding, 

Conversion and Repair organization. 

This organizational revision changed 

the administrative and enforcement 

responsibilities for the subject restricted 

area from SUPSHIP Gulf Coast to 

SUPSHIP Bath, Maine. This document 

corrects the final rule by revising 

§ 334.815 (b) and (c) to reflect the 

organizational change. 

DATES: Effective date: April 4, 2012. 

FOR FURTHER INFORMATION CONTACT: Mr. 

David Olson, Headquarters, Operations 

and Regulatory Community of Practice, 

Washington, DC at 202–761–4922 or by 

email at david.b.olson@usace.army.mil 

or Mr. Todd Vesperman, U.S. Army 

Corps of Engineers, St. Paul District, 

Regulatory Branch, at 920–448–2824 or 

by email at todd.m.vesperman@ 

usace.army.mil. 

SUPPLEMENTARY INFORMATION: The U.S. 

Army Corps of Engineers published a 

final rule in the Federal Register on 

May 24, 2011 (76 FR 30024), and later 

determined that correcting amendments 

need to be made to address 

encroachment into a Federal navigation 

channel and a change in the enforcing 

authority that occurred as a result of the 

Department of the Navy revising the 

mission, functions, and tasks of the 

Supervisors of Shipbuilding, 

Conversion and Repair (SUPSHIPs) 

organization. That organizational 

revision changed administrative and 

enforcement responsibilities for the 

subject restricted area from SUPSHIP 

Gulf Coast to SUPSHIP Bath, Maine. 

This correcting amendment changes the 

latitude and longitude coordinates in 

§ 334.815(a) so that the restricted area 

will not encroach into the Federal 

navigation project. This correcting 

amendment also changes the 

administrative and enforcement 

responsibilities in § 334.815(b) and (c) 

for the subject restricted area from 

SUPSHIP Gulf Coast to SUPSHIP Bath, 

Maine. 

List of Subjects in 33 CFR Part 334 

Danger zones, Marine safety, 

Navigation (water), Restricted areas, 

Waterways. 

For the reasons stated in the 

preamble, 33 CFR part 334 is corrected 

by making the following correcting 

amendments: 

PART 334—DANGER ZONE AND 

RESTRICTED AREA REGULATIONS 

■ 1. The authority citation for 33 CFR 

part 334 continues to read as follows: 

Authority: 40 Stat. 266 (33 U.S.C. 1) and 

40 Stat. 892 (33 U.S.C. 3). 

■ 2. Revise § 334.815 to read as follows: 

§ 334.815 Menominee River, at the 

Marinette Marine Corporation Shipyard, 

Marinette, Wisconsin; Naval Restricted 

Area. 

(a) The area. The waters adjacent to 

Marinette Marine Corporation’s pier 

defined by a rectangular shaped area on 

the south side of the river beginning on 

shore at the eastern property line of 

Marinette Marine Corporation at 

latitude 45°5′58.7′′ N, longitude 

087°36′55.9′′ W; thence northerly to 

latitude 45°5′59.2′′ N, longitude 

087°36′55.8′′ W; thence westerly to 

latitude 45°5′59.6′′ N, longitude 

087°36′57.5′′ W; thence westerly to 

latitude 45°6′00.0′′ N, longitude 

087°36′58.7′′ W; thence westerly to 

latitude 45°6′1.7′′ N, longitude 

087°37′4.9′′ W; thence westerly to 

latitude 45°6′2.8′′ N, longitude 

087°37′9.8′′ W; thence southerly to 

latitude 45°6′2.2′′ N, longitude 

087°37′10.0′′ W; thence easterly along 

the Marinette Marine Corporation pier 

to the point of origin. The restricted area 

will be marked by a lighted and signed 

floating buoy line. 

(b) The regulation. All persons, 

swimmers, vessels and other craft, 

except those vessels under the 

supervision or contract to a local 

military or Naval authority, vessels of 

the United States Coast Guard, and local 

or state law enforcement vessels, are 

prohibited from entering the restricted 

area when marked by a signed floating 

buoy line without permission from the 

Supervisor of Shipbuilding, Conversion 

and Repair, United States Navy, Bath, 

Maine or his/her authorized 

representative. 

(c) Enforcement. The regulation in 

this section shall be enforced by the 

Supervisor of Shipbuilding, Conversion 

and Repair, United States Navy, Bath, 

Maine and/or such agencies or persons 

as he/she may designate. 

Dated: March 29, 2012. 

Richard C. Lockwood, 

Chief, Operations and Regulatory, Directorate 

of Civil Works. 

[FR Doc. 2012–8120 Filed 4–3–12; 8:45 am] 

BILLING CODE 3720–58–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 9 and 721 

[EPA–HQ–OPPT–2011–0942; FRL–9333–3] 

RIN 2070–AB27 

Significant New Use Rules on Certain 

Chemical Substances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is promulgating 

significant new use rules (SNURs) under 

the Toxic Substances Control Act 

(TSCA) for 17 chemical substances 

which were the subject of 

premanufacture notices (PMNs). Two of 

these chemical substances are subject to 

TSCA consent orders issued by EPA. 

This action requires persons who intend 

to manufacture, import, or process any 

of these 17 chemical substances for an 

activity that is designated as a 

significant new use by this rule to notify 

EPA at least 90 days before commencing 

that activity. The required notification 

will provide EPA with the opportunity 

to evaluate the intended use and, if 

necessary, to prohibit or limit that 

activity before it occurs. 

DATES: This rule is effective on June 4, 

2012. For purposes of judicial review, 

this rule shall be promulgated at 1 p.m. 

(e.s.t.) on April 18, 2012. 

Written adverse or critical comments, 

or notice of intent to submit adverse or 

critical comments, on one or more of 

these SNURs must be received on or 

before May 4, 2012 (see Unit VI. of the 

SUPPLEMENTARY INFORMATION). 

For additional information on related 

reporting requirement dates, see Units 

I.A., VI., and VII. of the SUPPLEMENTARY

INFORMATION. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPPT–2011–0942, by 

one of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

• Mail: Document Control Office 

(7407M), Office of Pollution Prevention 

and Toxics (OPPT), Environmental 

Protection Agency, 1200 Pennsylvania 

Ave. NW., Washington, DC 20460–0001. 

• Hand Delivery: OPPT Document 

Control Office (DCO), EPA East, Rm. 

6428, 1201 Constitution Ave. NW., 

Washington, DC. Attention: Docket ID 

Number EPA–HQ–OPPT–2011–0942. 

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

Monday through Friday, excluding legal 

holidays. The telephone number for the 

DCO is (202) 564–8930. Such deliveries 


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Federal Register / Vol. 77, No. 65 / Wednesday, April 4, 2012 / Rules and Regulations 20297 

are only accepted during the DCO’s 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

docket ID number EPA–HQ–OPPT– 

2011–0942. EPA’s policy is that all 

comments received will be included in 

the docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through regulations.gov or 

email. The regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an email comment directly 

to EPA without going through 

regulations.gov, your email address will 

be automatically captured and included 

as part of the comment that is placed in 

the docket and made available on the 

Internet. If you submit an electronic 

comment, EPA recommends that you 

include your name and other contact 

information in the body of your 

comment and with any disk or CD–ROM 

you submit. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. 

Docket: All documents in the docket 

are listed in the docket index available 

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

listed in the index, some information is 

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

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available electronically at 

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

available in hard copy, at the OPPT 

Docket. The OPPT Docket is located in 

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

3334, EPA West Bldg., 1301 

Constitution Ave. NW., Washington, 

DC. The EPA/DC Public Reading Room 

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

p.m., Monday through Friday, excluding 

legal holidays. The telephone number of 

the EPA/DC Public Reading Room is 

(202) 566–1744, and the telephone 

number for the OPPT Docket is (202) 

566–0280. Docket visitors are required 

to show photographic identification, 

pass through a metal detector, and sign 

the EPA visitor log. All visitor bags are 

processed through an X-ray machine 

and subject to search. Visitors will be 

provided an EPA/DC badge that must be 

visible at all times in the building and 

returned upon departure. 

FOR FURTHER INFORMATION CONTACT:

For technical information contact: 

Kenneth Moss, Chemical Control 

Division (7405M), Office of Pollution 

Prevention and Toxics, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave. NW., Washington, DC 20460–0001; 

telephone number: (202) 564–9232; 

email address: moss.kenneth@epa.gov. 

For general information contact: The 

TSCA–Hotline, ABVI–Goodwill, 422 

South Clinton Ave., Rochester, NY 

14620; telephone number: (202) 554– 

1404; email address: TSCA– 

Hotline@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you manufacture, import, 

process, or use the chemical substances 

contained in this rule. Potentially 

affected entities may include, but are 

not limited to: 

• Manufacturers, importers, or 

processors of one or more subject 

chemical substances (NAICS codes 325 

and 324110), e.g., chemical 

manufacturing and petroleum refineries. 

This listing is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

affected by this action. Other types of 

entities not listed in this unit could also 

be affected. The North American 

Industrial Classification System 

(NAICS) codes have been provided to 

assist you and others in determining 

whether this action might apply to 

certain entities. To determine whether 

you or your business may be affected by 

this action, you should carefully 

examine the applicability provisions in 

§ 721.5. If you have any questions 

regarding the applicability of this action 

to a particular entity, consult the 

technical person listed under FOR

FURTHER INFORMATION CONTACT. 

This action may also affect certain 

entities through pre-existing import 

certification and export notification 

rules under TSCA. Chemical importers 

are subject to the TSCA section 13 (15 

U.S.C. 2612) import certification 

requirements promulgated at 19 CFR 

12.118 through 12.127 and 19 CFR 

127.28. Chemical importers must certify 

that the shipment of the chemical 

substance complies with all applicable 

rules and orders under TSCA. Importers 

of chemicals subject to these SNURs 

must certify their compliance with the 

SNUR requirements. The EPA policy in 

support of import certification appears 

at 40 CFR part 707, subpart B. In 

addition, any persons who export or 

intend to export a chemical substance 

that is the subject of this rule are subject 

to the export notification provisions of 

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

(see § 721.20), and must comply with 

the export notification requirements in 

40 CFR part 707, subpart D. 

B. What should I consider as I prepare 

my comments for EPA? 

1. Submitting CBI. Do not submit this 

information to EPA through 

regulations.gov or email. Clearly mark 

the part or all of the information that 

you claim to be CBI. For CBI 

information in a disk or CD–ROM that 

you mail to EPA, mark the outside of the 

disk or CD–ROM as CBI and then 

identify electronically within the disk or 

CD–ROM the specific information that 

is claimed as CBI. In addition to one 

complete version of the comment that 

includes information claimed as CBI, a 

copy of the comment that does not 

contain the information claimed as CBI 

must be submitted for inclusion in the 

public docket. Information so marked 

will not be disclosed except in 

accordance with procedures set forth in 

40 CFR part 2. 

2. Tips for preparing your comments. 

When submitting comments, remember 

to: 

i. Identify the document by docket ID 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

ii. Follow directions. The Agency may 

ask you to respond to specific questions 

or organize comments by referencing a 

Code of Federal Regulations (CFR) part 

or section number. 

iii. Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

iv. Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

v. If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

vi. Provide specific examples to 

illustrate your concerns and suggest 

alternatives. 

vii. Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

viii. Make sure to submit your 

comments by the comment period 

deadline identified. 


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20298 Federal Register / Vol. 77, No. 65 / Wednesday, April 4, 2012 / Rules and Regulations 

II. Background 

A. What action is the agency taking? 

EPA is promulgating these SNURs 

using direct final procedures. These 

SNURs will require persons to notify 

EPA at least 90 days before commencing 

the manufacture, import, or processing 

of a chemical substance for any activity 

designated by these SNURs 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. 

Additional rationale and background to 

these rules are more fully set out in the 

preamble to EPA’s first direct final 

SNUR published in the Federal Register 

issue of April 24, 1990 (55 FR 17376) 

(April 24, 1990 SNUR). Consult that 

preamble for further information on the 

objectives, rationale, and procedures for 

SNURs and on the basis for significant 

new use designations, including 

provisions for developing test data. 

B. What is the agency’s authority for 

taking this action? 

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

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

that a use of a chemical substance is a 

‘‘significant new use.’’ EPA must make 

this determination by rule after 

considering all relevant factors, 

including the four bulleted TSCA 

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

Once EPA determines that a use of a 

chemical substance is a significant new 

use, TSCA section 5(a)(1)(B) requires 

persons to submit a significant new use 

notice (SNUN) to EPA at least 90 days 

before they manufacture, import, or 

process the chemical substance for that 

use. Persons who must report are 

described in § 721.5. 

C. Applicability of General Provisions 

General provisions for SNURs appear 

in 40 CFR part 721, subpart A. These 

provisions describe persons subject to 

the rule, recordkeeping requirements, 

exemptions to reporting requirements, 

and applicability of the rule to uses 

occurring before the effective date of the 

rule. Provisions relating to user fees 

appear at 40 CFR part 700. According to 

§ 721.1(c), persons subject to these 

SNURs must comply with the same 

notice requirements and EPA regulatory 

procedures as submitters of PMNs under 

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

these requirements include the 

information submission requirements of 

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

exemptions authorized by TSCA 

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

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

part 720. Once EPA receives a SNUN, 

EPA may take regulatory action under 

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

the activities for which it has received 

the SNUN. If EPA does not take action, 

EPA is required under TSCA section 

5(g) to explain in the Federal Register 

its reasons for not taking action. 

III. Significant New Use Determination 

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

EPA’s determination that a use of a 

chemical substance is a significant new 

use must be made after consideration of 

all relevant factors, including: 

• The projected volume of 

manufacturing and processing of a 

chemical substance. 

• The extent to which a use changes 

the type or form of exposure of human 

beings or the environment to a chemical 

substance. 

• The extent to which a use increases 

the magnitude and duration of exposure 

of human beings or the environment to 

a chemical substance. 

• The reasonably anticipated manner 

and methods of manufacturing, 

processing, distribution in commerce, 

and disposal of a chemical substance. 

In addition to these factors 

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

statute authorized EPA to consider any 

other relevant factors. 

To determine what would constitute a 

significant new use for the 17 chemical 

substances that are the subject of these 

SNURs, EPA considered relevant 

information about the toxicity of the 

chemical substances, likely human 

exposures and environmental releases 

associated with possible uses, and the 

four bulleted TSCA section 5(a)(2) 

factors listed in this unit. 

IV. Substances Subject to This Rule 

EPA is establishing significant new 

use and recordkeeping requirements for 

17 chemical substances in 40 CFR part 

721, subpart E. In this unit, EPA 

provides the following information for 

each chemical substance: 

• PMN number. 

• Chemical name (generic name, if 

the specific name is claimed as CBI). 

• Chemical Abstracts Service (CAS) 

number (if assigned for non-confidential 

chemical identities). 

• Basis for the TSCA section 5(e) 

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

SNURs (i.e., SNURs without TSCA 

section 5(e) consent orders), the basis 

for the SNUR. 

• Toxicity concerns. 

• Tests recommended by EPA to 

provide sufficient information to 

evaluate the chemical substance (see 

Unit VIII. for more information). 

• CFR citation assigned in the 

regulatory text section of this rule. 

The regulatory text section of this rule 

specifies the activities designated as 

significant new uses. Certain new uses, 

including production volume limits 

(i.e., limits on manufacture and 

importation volume) and other uses 

designated in this rule, may be claimed 

as CBI. Unit IX. discusses a procedure 

companies may use to ascertain whether 

a proposed use constitutes a significant 

new use. 

This rule includes two PMN 

substances (P–10–486 and P–10–487) 

that are subject to ‘‘risk-based’’ consent 

orders under TSCA section 

5(e)(1)(A)(ii)(I) in which EPA 

determined that activities associated 

with the PMN substances may present 

unreasonable risk to human health or 

the environment. Those consent orders 

require protective measures to limit 

exposures or otherwise mitigate the 

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

substances are promulgated pursuant to 

§ 721.160, and are based on and 

consistent with the provisions in the 

underlying consent orders. The 5(e) 

SNURs designate as a ‘‘significant new 

use’’ the absence of the protective 

measures required in the corresponding 

consent orders. 

This rule also includes SNURs on 15 

PMN substances (P–09–248, P–11–33, 

P–11–34, P–11–188, P–11–316, P–11– 

333, P–11–424, P–11–511, P–11–546, P– 

11–578, P–11–580, P–11–591, P–11– 

608, P–11–637, and P–11–662) that are 

not subject to consent orders under 

TSCA section 5(e). In these cases, for a 

variety of reasons, EPA did not find that 

the use scenario described in the PMN 

triggered the determinations set forth 

under TSCA section 5(e). However, EPA 

does believe that certain changes from 

the use scenario described in the PMN 

could result in increased exposures, 

thereby constituting a ‘‘significant new 

use.’’ These so-called ‘‘non-5(e) SNURs’’ 

are promulgated pursuant to § 721.170. 

EPA has determined that every activity 

designated as a ‘‘significant new use’’ in 

all non-5(e) SNURs issued under 

§ 721.170 satisfies the two requirements 

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

significant new use activities, ‘‘(i) are 

different from those described in the 

premanufacture notice for the 

substance, including any amendments, 

deletions, and additions of activities to 

the premanufacture notice, and (ii) may 

be accompanied by changes in exposure 

or release levels that are significant in 

relation to the health or environmental 

concerns identified’’ for the PMN 

substance. 


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Federal Register / Vol. 77, No. 65 / Wednesday, April 4, 2012 / Rules and Regulations 20299 

PMN Number P–09–248 

Chemical name: Ethyleneamine 

polyphosphates (generic). 

CAS number: Not available. 

Basis for action: The PMN states that 

the use of the substance will be as a 

flame retardant added to polymers. 

Based on test data on the PMN 

substance, EPA predicts toxicity to 

aquatic organisms may occur if releases 

of the PMN substance to surface water 

from uses other than described in the 

PMN exceed the releases expected from 

the use described in the PMN. For the 

described use in the PMN, significant 

environmental releases are not 

expected. Therefore, EPA has not 

determined that the proposed 

manufacturing, processing, or use of the 

substance may present an unreasonable 

risk. EPA has determined, however, that 

any use of the substance other than as 

described in the PMN may cause 

significant adverse environmental 

effects. Based on this information, the 

PMN substance meets the concern 

criteria at § 721.170(b)(4)(i). 

Recommended testing: EPA has 

determined that the results of a fish 

early-life stage toxicity test (OPPTS Test 

Guideline 850.1400) and a daphnid 

chronic toxicity test (OPPTS Test 

Guideline 850.1300) would help 

characterize the environmental effects of 

the PMN substance. 

CFR citation: 40 CFR 721.10282. 

PMN Numbers P–10–486 and P–10–487 

Chemical names: (P–10–486) 

Poly[oxy(methyl-1,2-ethanediyl)], 

.alpha.-sulfo-.omega.-hydroxy-, C12–13- 

branched and linear alkyl ethers, 

sodium salts and (P–10–487) 

Poly[oxy(methyl-1,2-ethanediyl)], 

.alpha.-sulfo-.omega.-hydroxy-, C14–15- 

branched and linear alkyl ethers, 

sodium salts. 

CAS numbers: (P–10–486) 958238– 

81–8 and (P–10–487) 958238–82–9. 

Effective date of TSCA section 5(e) 

consent order: July 22, 2011. 

Basis for TSCA section 5(e) consent 

order: The PMNs state that the use of 

the substances will be for downhole 

injection for enhanced oil recovery. The 

order was issued under TSCA sections 

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

(e)(1)(A)(ii)(II) based on a finding that 

these substances may present an 

unreasonable risk of injury to the 

environment and will be produced in 

substantial quantities and may 

reasonably be anticipated to enter the 

environment in substantial quantities. 

To protect against the risk, the order 

requires certain hazard communication 

requirements, specific disposal 

requirements for processing and use, 

and prohibits releases from manufacture 

of the PMN substances resulting in 

surface water concentrations exceeding 

28 parts per billion (ppb) for P–10–486 

and 4 ppb for P–10–487. The SNUR 

designates as a ‘‘significant new use’’ 

the absence of these protective 

measures. 

Toxicity concern: Based on ecological 

structure activity relationship (EcoSAR) 

analysis of test data on analogous 

anionic surfactants, EPA predicts 

toxicity to aquatic organisms may occur 

at concentrations that exceed 28 ppb for 

P–10–486 and 4 ppb for P–10–487 in 

surface waters. 

Recommended testing: EPA has 

determined that the results of a fish 

acute toxicity test (OPPTS Test 

Guideline 850.1075); an aquatic 

invertebrate acute toxicity test, 

freshwater daphnids (OPPTS Test 

Guideline 850.1010); and an algal 

toxicity test, tiers I and II (OPPTS Test 

Guideline 850.5400) on P–10–487 

would help characterize the 

environmental effects of the PMN 

substances. The PMN submitter agreed 

not to exceed the production volume 

limit in the consent order before 

conducting these tests. 

CFR citations: 40 CFR 721.10283 (P– 

10–486) and 40 CFR 721.10284 (P–10– 

487). 

PMN Number P–11–33 

Chemical name: Formaldehyde, 

polymer with 4-(1,1- 

dimethylethyl)phenol, reaction products 

with 1-piperazineethanamine. 

CAS number: 1191244–16–2. 

Basis for action: The PMN states that 

the PMN substance will be used as a 

hardener for epoxy resin laminating 

systems. Based on ecological structure 

activity relationship (EcoSAR) analysis 

of test data on analogous aliphatic 

amines and phenol-amines, EPA 

predicts toxicity to aquatic organisms 

may occur at concentrations that exceed 

17 ppb of the PMN substance in surface 

waters. As described in the PMN, the 

substance is not released to surface 

waters. Therefore, EPA has not 

determined that the proposed 

manufacture, processing, or use of the 

substance may present an unreasonable 

risk. EPA has determined, however, that 

any use of the substance resulting in 

surface water concentrations exceeding 

17 ppb may cause significant adverse 

environmental effects. Based on this 

information, the PMN substances meet 

the concern criteria at 

§ 721.170(b)(4)(ii). 

Recommended testing: EPA has 

determined that the results of a fish 

acute toxicity test, freshwater (OPPTS 

Test Guideline 850.1075); an aquatic 

invertebrate acute toxicity test, 

freshwater daphnids (OPPTS Test 

Guideline 850.1010); and an algal 

toxicity test, tiers I and II (OPPTS Test 

Guideline 850.5400) would help 

characterize the environmental effects of 

the PMN substance. 

CFR citation: 40 CFR 721.10285. 

PMN Number P–11–34 

Chemical name: Formaldehyde, 

polymer with .alpha.-(2- 

aminomethylethyl)-.omega.-(2- 

aminomethylethoxy)poly[oxy(methyl1,2-ethanediyl)] and 4-(1,1- 

dimethylethyl)phenol. 

CAS number: 1192146–78–3. 

Basis for action: The PMN states that 

the PMN substance will be used as a 

hardener for epoxy resin laminating 

systems. Based on EcoSAR analysis of 

test data on analogous aliphatic amines 

and phenol-amines, EPA predicts 

toxicity to aquatic organisms may occur 

at concentrations that exceed 21 ppb of 

the PMN substance in surface waters. As 

described in the PMNs, the substances 

are not released to surface waters. 

Therefore, EPA has not determined that 

the proposed manufacture, processing, 

or use of the substance may present an 

unreasonable risk. EPA has determined, 

however, that any use of the substance 

resulting in surface water 

concentrations exceeding 21 ppb may 

cause significant adverse environmental 

effects. Based on this information, the 

PMN substances meet the concern 

criteria at § 721.170(b)(4)(ii). 

Recommended testing: EPA has 

determined that the results of a fish 

acute toxicity test, freshwater (OPPTS 

Test Guideline 850.1075); an aquatic 

invertebrate acute toxicity test, 

freshwater daphnids (OPPTS Test 

Guideline 850.1010); and an algal 

toxicity test, tiers I and II (OPPTS Test 

Guideline 850.5400) would help 

characterize the environmental effects of 

the PMN substance. 

CFR citation: 40 CFR 721.10286. 

PMN Number P–11–188 

Chemical name: Infused carbon 

nanostructures (generic). 

CAS number: Not available. 

Basis for action: The PMN states that 

the generic (non-confidential) use of the 

substance is as an additive to provide 

conductive properties to reinforcements 

used in composites. Based on available 

information on analogous chemical 

substances, the PMN substance may 

cause lung effects. For the use described 

in the PMN, no significant inhalation 

exposures are expected. Therefore, EPA 

has not determined that the proposed 

manufacturing, processing, or use of the 

substance may present an unreasonable 


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risk. EPA has determined, however, that 

a manufacturing process other than as 

described in the PMN (the 

manufacturing process described in the 

PMN includes incorporation of the PMN 

substance into pellets) may cause 

serious health effects. Based on this 

information, the PMN substance meets 

the concern criteria at 

§ 721.170(b)(3)(ii). 

Recommended testing: EPA has 

determined that the results of the 

following information would help 

characterize the health effects of the 

PMN substance: The dimensions, 

characteristics, and physical-chemical 

properties of the carbon nanostructures. 

These properties should be determined 

once a year for three consecutive years. 

CFR citation: 40 CFR 721.10287. 

PMN Number P–11–316 

Chemical name: Cyclohexane, 

oxidized, by-products from, distn. 

residues. 

CAS number: 1014979–92–0. 

Basis for action: The PMN states that 

the generic (non-confidential) uses of 

the substance are as an industrial 

solvent in closed and open systems, and 

as an accelerant in permitted industrial 

explosives. Based on EcoSAR analysis 

of test data on analogous esters, EPA 

predicts toxicity to aquatic organisms 

may occur at concentrations that exceed 

4 ppb of the PMN substance in surface 

waters. As described in the PMN, the 

substance is not released to surface 

waters. Therefore, EPA has not 

determined that the proposed 

manufacturing, processing, or use of the 

substance may present an unreasonable 

risk. EPA has determined, however, that 

any use of the substance resulting in 

surface water concentrations exceeding 

4 ppb may cause significant adverse 

environmental effects. Based on this 

information, the PMN substance meets 

the concern criteria at 

§ 721.170(b)(4)(ii). 

Recommended testing: EPA has 

determined that the results of a fish 

acute toxicity test, freshwater and 

marine (OPPTS Test Guideline 

850.1075); an aquatic invertebrate acute 

toxicity test, fresh water daphnids 

(OPPTS Test Guideline 850.1010); and 

an algal toxicity test, tiers I and II 

(OPPTS Test Guideline 850.5400) would 

help characterize the environmental 

effects of the PMN substance. 

CFR citation: 40 CFR 721.10288. 

PMN Number P–11–333 

Chemical name: Hexanedioic acid 

polymer with aliphatic polyol 

dihydrogen phosphate aromatic ester 

(generic). 

CAS number: Not available. 

Basis for action: The PMN states that 

the generic (non-confidential) use will 

be as a component of industrial 

coatings. Based on EcoSAR analysis of 

test data on analogous organic 

phosphates, EPA predicts toxicity to 

aquatic organisms may occur if releases 

of the PMN substance to surface water 

from uses other than described in the 

PMN exceed the releases expected from 

the use described in the PMN. For the 

described use in the PMN, significant 

environmental releases are not 

expected. Therefore, EPA has not 

determined that the proposed 

manufacturing, processing, or use of the 

substance may present an unreasonable 

risk. EPA has determined, however, that 

any use of the substance other than as 

described in the PMN may cause 

significant adverse environmental 

effects. Based on this information, the 

PMN substance meets the concern 

criteria at § 721.170(b)(4)(ii). 

Recommended testing: EPA has 

determined that the results of a ready 

biodegradability test (OPPTS Test 

Guideline 835.3110); a fish early-life 

stage toxicity test (OPPTS Test 

Guideline 850.1400); a daphnid chronic 

toxicity test (OPPTS Test Guideline 

850.1300); and an algal toxicity test, 

tiers I and II (OPPTS Test Guideline 

850.5400) would help characterize the 

environmental effects of the PMN 

substance. 

CFR citation: 40 CFR 721.10289. 

PMN Number P–11–424 

Chemical name: Alkenoyloxy 

arylphenone (generic). 

CAS number: Not available. 

Basis for action: The PMN states that 

the generic (non-confidential) use of the 

substance is as a monomer for polymer 

applications. Based on test data on the 

PMN substance, and EcoSAR analysis of 

test data on analogous methacrylates, 

EPA predicts toxicity to aquatic 

organisms may occur at concentrations 

that exceed 26 ppb of the PMN 

substance in surface waters. As 

described in the PMN, releases to 

surface waters are not expected to 

exceed 26 ppb. Therefore, EPA has not 

determined that the proposed 

manufacture, processing, or use of the 

substance may present an unreasonable 

risk. EPA has determined, however, that 

any use of the substance resulting in 

surface water concentrations exceeding 

26 ppb may cause significant adverse 

environmental effects. Based on this 

information, the PMN substance meets 

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

and (b)(4)(ii). 

Recommended testing: EPA has 

determined that the results of a fish 

early-life stage toxicity test (OPPTS Test 

Guideline 850.1400) and a daphnid 

chronic toxicity test (OPPTS Test 

Guideline 850.1300) would help 

characterize the environmental effects of 

the PMN substance. 

CFR citation: 40 CFR 721.10290. 

PMN Number P–11–511 

Chemical name: C15 olefins (generic). 

CAS number: Not available. 

Basis for action: The PMN states that 

the generic (non-confidential) use of the 

substance will be as a petroleum 

substitute base. Based on EcoSAR 

analysis of test data on analogous 

neutral organics, EPA predicts toxicity 

to aquatic organisms may occur at 

concentrations that exceed 1 ppb of the 

PMN substance in surface waters. As 

described in the PMN, the substance is 

not released to surface waters. 

Therefore, EPA has not determined that 

the proposed manufacturing, 

processing, or use of the substance may 

present an unreasonable risk. EPA has 

determined, however, that any use of 

the substance resulting in surface water 

concentrations exceeding 1 ppb may 

cause significant adverse environmental 

effects. Based on this information, the 

PMN substance meets the concern 

criteria at § 721.170(b)(4)(ii). 

Recommended testing: EPA has 

determined that the results of a fish 

early-life stage toxicity test (OPPTS Test 

Guideline 850.1400); a daphnid chronic 

toxicity test (OPPTS Test Guideline 

850.1300); and an algal toxicity test, 

tiers I and II (OPPTS Test Guideline 

850.5400) would help characterize the 

environmental effects of the PMN 

substance. 

CFR citation: 40 CFR 721.10291. 

PMN Number P–11–546 

Chemical name: Silicate (2-), 

hexafluoro-, cesium (1:2). 

CAS number: 16923–87–8. 

Basis for action: The PMN states that 

the PMN substance will be used as a 

brazing (metal joining) agent. Based on 

submitted test data for an analogous 

PMN substance, EPA identified 

concerns for degeneration of the 

kidneys, necrosis of the heart muscle, 

and effects on the male reproductive 

organs to workers from inhalation 

exposure to the PMN substance. For the 

uses described in the PMN, significant 

dermal or inhalation exposure is not 

expected. Therefore, EPA has not 

determined that the proposed 

manufacturing, processing, or use of the 

substance may present an unreasonable 

risk. EPA has determined, however, use 

of the substance other than as a brazing 

(metal joining) agent may cause serious 

health effects. Based on this 

information, the PMN substance meets 


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the concern criteria at 

§ 721.170(b)(3)(ii). 

Recommended testing: EPA has 

determined that the results of a repeated 

dose 28-day oral toxicity test (OPPTS 

Test Guideline 870.3050) in rodents 

would help characterize the human 

health effects of the PMN substance. 

CFR citation: 40 CFR 721.10292. 

PMN Number P–11–578 

Chemical name: Benzoic acid, 4-(1,1- 

dimethylethyl)-, hydrazide. 

CAS number: 43100–38–5. 

Basis for action: The PMN states that 

the use of this substance will be as an 

intermediate. Based on SAR analysis of 

test data on analogous hydrazines, EPA 

identified concerns for mutagenicity, 

oncogenicity, developmental toxicity, 

dermal sensitization, and respiratory 

sensitization from exposure to the PMN 

substance via the inhalation route. In 

addition, based on EcoSAR analysis of 

analogous hydrazines, EPA predicts 

toxicity to aquatic organisms may occur 

at concentrations that exceed 2 ppb of 

the PMN substance in surface waters. 

For the intermediate use described in 

the PMN, inhalation exposures and 

environmental releases to surface waters 

are not expected. Therefore, EPA has 

not determined that the proposed 

manufacturing, processing, or use of the 

substance may present an unreasonable 

risk. EPA has determined, however, that 

any use of the substance other than as 

an intermediate, or any use resulting in 

surface water concentrations exceeding 

2 ppb may cause serious health effects 

and significant adverse environmental 

effects. Based on this information, the 

PMN substance meets the concern 

criteria at § 721.170(b)(1)(i)(C), (b)(3)(ii), 

and (b)(4)(ii). 

Recommended testing: EPA has 

determined that the results of a 90-day 

oral toxicity test in rodents (OPPTS Test 

Guideline 870.3100) by the inhalation 

route; a carcinogenicity test (OPPTS 

Test Guideline 870.4200) by the 

inhalation route, in two species of 

rodents; a fish acute toxicity test 

(OPPTS Test Guideline 850.1075); an 

aquatic invertebrate acute toxicity test, 

freshwater daphnids (OPPTS Test 

Guideline 850.1010); and an algal 

toxicity test, tiers I and II (OPPTS Test 

Guideline 850.5400) would help 

characterize the human health and 

environmental effects of the PMN 

substance. 

CFR citation: 40 CFR 721.10293. 

PMN Number P–11–580 

Chemical name: Cyclohexanol, 2,6- 

bis(1,1-dimethylethyl)-4-methyl-. 

CAS number: 163119–16–2. 

Basis for action: The PMN states that 

the use of this substance will be as an 

intermediate. Based on EcoSAR analysis 

of test data on analogous neutral 

organics, EPA predicts toxicity to 

aquatic organisms may occur at 

concentrations that exceed 2 ppb of the 

PMN substance in surface waters. As 

described in the PMN, releases to 

surface waters are not expected. 

Therefore, EPA has not determined that 

the proposed manufacturing, 

processing, or use of the substance may 

present an unreasonable risk. EPA has 

determined, however, that any use 

resulting in surface water 

concentrations exceeding 2 ppb may 

cause significant adverse environmental 

effects. Based on this information, the 

PMN substance meets the concern 

criteria at § 721.170(b)(4)(ii). 

Recommended testing: EPA has 

determined that the results of a fish 

acute toxicity test (OPPTS Test 

Guideline 850.1075); an aquatic 

invertebrate acute toxicity test, 

freshwater daphnids (OPPTS Test 

Guideline 850.1010); and an algal 

toxicity test, tiers I and II (OPPTS Test 

Guideline 850.5400) would help 

characterize the environmental effects of 

the PMN substance. 

CFR citation: 40 CFR 721.10294. 

PMN Number P–11–591 

Chemical name: IPDI modified 

isophthalic acid, neopentyl glycol and 

adipic acid (generic). 

CAS numbers: Not available. 

Basis for action: The PMN states that 

the generic (non-confidential) use of the 

substance will be as a lamination 

adhesive. Based on test data on 

analogous substances, EPA identified 

concerns for oncogenicity, if the PMN 

substance is inhaled, as well as 

concerns for irritation to the eyes, skin, 

mucous membranes, and dermal and 

respiratory sensitization to workers from 

dermal and inhalation exposure to the 

PMN. For the industrial uses described 

in the PMN, and due to the use of 

personal protective equipment, 

significant worker exposure is unlikely, 

as dermal or inhalation exposure is not 

expected. Therefore, EPA has not 

determined that the proposed 

manufacturing, processing, or use of this 

substance may present an unreasonable 

risk. EPA has determined, however, that 

substantial production volume 

increases, or use of the substance in 

consumer products may cause serious 

health effects. Based on this 

information, the PMN substance meets 

the concern criteria at 

§ 721.170(b)(1)(i)(C) and (b)(3)(ii). 

Recommended testing: EPA has 

determined that the results of a dermal 

sensitization test (OPPTS Test Guideline 

870.2600) and a 90-day inhalation 

toxicity test (OPPTS Test Guideline 

870.3465) would help characterize the 

human health effects of the PMN 

substance. 

CFR citation: 40 CFR 721.10295. 

PMN Number P–11–608 

Chemical name: 1,3-Benzenediol, 4- 

[1-[[3-(1H-imidazol-1- 

yl)propyl]imino]ethyl]-. 

CAS number: 1313999–39–1. 

Basis for action: The PMN states that 

the generic (non-confidential) use of the 

substance will be as an epoxy catalyst. 

Based on EcoSAR analysis of test data 

on polycationic polymers, EPA predicts 

toxicity to aquatic organisms may occur 

at concentrations that exceed 1 ppb of 

the PMN substance in surface waters. As 

described in the PMN, the substance is 

not released to surface waters. 

Therefore, EPA has not determined that 

the proposed manufacturing, 

processing, or use of the substance may 

present an unreasonable risk. EPA has 

determined, however, that any use of 

the substance resulting in surface water 

concentrations exceeding 1 ppb may 

cause significant adverse environmental 

effects. Based on this information, the 

PMN substance meets the concern 

criteria at § 721.170(b)(4)(ii). 

Recommended testing: EPA has 

determined that the results of a fish 

acute toxicity test (OPPTS Test 

Guideline 850.1075); an aquatic 

invertebrate acute toxicity test, 

freshwater daphnids (OPPTS Test 

Guideline 850.1010); and an algal 

toxicity test, tiers I and II (OPPTS Test 

Guideline 850.5400) would help 

characterize the environmental effects of 

the PMN substance. Additionally, EPA 

recommends that OPPTS Test Guideline 

850.1000, ‘‘Special Considerations for 

Conducting Aquatic Laboratory 

Studies’’ be consulted for materials, 

such as this PMN substance, that are 

water insoluble or of low water 

solubility. 

CFR citation: 40 CFR 721.10296. 

PMN Number P–11–637 

Chemical name: Tin, C16-18 and C18- 

unsatd. fatty acids castor-oil fatty acids 

complexes. 

CAS number: 1315588–63–6. 

Basis for action: The PMN states that 

the use of the substance will be as a 

polyurethane foam catalyst. Based on 

test data on the PMN substance, EPA 

identified concerns for dermal 

sensitization and blood and liver 

toxicity to workers from exposure to the 

PMN substance. For the industrial use 

described in the PMN, and due to the 

use of personal protective equipment, 


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significant worker exposure is unlikely, 

as dermal or inhalation exposure is not 

expected. Therefore, EPA has not 

determined that the proposed 

manufacturing, processing, or use of this 

substance may present an unreasonable 

risk. EPA has determined, however, that 

domestic manufacture of the substance 

or use of the substance in consumer 

products may cause serious health 

effects. Based on this information, the 

PMN substance meets the concern 

criteria at § 721.170(b)(3)(i). 

Recommended testing: EPA has 

determined that the results of a 28-day 

dermal toxicity study (OPPTS Test 

Guideline 870.3200) would help 

characterize the human health effects of 

the PMN substance. 

CFR citation: 40 CFR 721.10297. 

PMN Number P–11–662 

Chemical name: MDI terminated 

polyester polyurethane polymer 

(generic). 

CAS number: Not available. 

Basis for action: The PMN states that 

the generic (non-confidential) use of the 

substance will be as a liquid moisture 

cure adhesive. Based on test data on 

analogous diisocyanates, EPA identified 

concerns for mutagenicity, irritation to 

lungs and mucous membranes, and 

dermal and respiratory sensitization to 

workers from dermal and inhalation 

exposure to the PMN substance. For the 

industrial uses described in the PMN, 

and due to the use of personal 

protective equipment, significant 

worker exposure is unlikely, as dermal 

or inhalation exposure is not expected. 

Therefore, EPA has not determined that 

the proposed manufacturing, 

processing, or use of the substance may 

present an unreasonable risk. EPA has 

determined, however, that use of the 

substance in consumer products may 

cause serious health effects. Based on 

this information, the PMN substances 

meet the concern criteria at 

§ 721.170(b)(3)(ii). 

Recommended testing: EPA has 

determined that the results of a dermal 

sensitization test (OPPTS Test Guideline 

870.2600) and a 90-day inhalation 

toxicity test (OPPTS Test Guideline 

870.3465) would help characterize the 

human health effects of the PMN 

substance. 

CFR citation: 40 CFR 721.10298. 

V. Rationale and Objectives of the Rule 

A. Rationale 

During review of the PMNs submitted 

for the chemical substances that are 

subject to these SNURs, EPA concluded 

that for two of the 17 chemical 

substances, regulation was warranted 

under TSCA section 5(e), pending the 

development of information sufficient to 

make reasoned evaluations of the health 

or environmental effects of the chemical 

substances. The basis for such findings 

is outlined in Unit IV. Based on these 

findings, TSCA section 5(e) consent 

orders requiring the use of appropriate 

exposure controls were negotiated with 

the PMN submitters. The SNUR 

provisions for these chemical 

substances are consistent with the 

provisions of the TSCA section 5(e) 

consent orders. These SNURs are 

promulgated pursuant to § 721.160 (see 

Unit II.). 

In the other 15 cases, where the uses 

are not regulated under a TSCA section 

5(e) consent order, EPA determined that 

one or more of the criteria of concern 

established at § 721.170 were met, as 

discussed in Unit IV. 

B. Objectives 

EPA is issuing these SNURs for 

specific chemical substances which 

have undergone premanufacture review 

because the Agency wants to achieve 

the following objectives with regard to 

the significant new uses designated in 

this 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. 

• EPA will ensure that all 

manufacturers, importers, and 

processors of the same chemical 

substance that is subject to a TSCA 

section 5(e) consent order are subject to 

similar requirements. 

Issuance of a SNUR for a chemical 

substance does not signify that the 

chemical substance is listed on the 

TSCA Inventory. Guidance on how to 

determine if a chemical substance is on 

the TSCA Inventory is available on the 

Internet at http://www.epa.gov/opptintr/ 

existingchemicals/pubs/tscainventory/ 

index.html. 

VI. Direct Final Procedures 

EPA is issuing these SNURs as a 

direct final rule, as described in 

§ 721.160(c)(3) and § 721.170(d)(4). In 

accordance with § 721.160(c)(3)(ii) and 

§ 721.170(d)(4)(i)(B), the effective date 

of this rule is June 4, 2012 without 

further notice, unless EPA receives 

written adverse or critical comments, or 

notice of intent to submit adverse or 

critical comments before May 4, 2012. 

If EPA receives written adverse or 

critical comments, or notice of intent to 

submit adverse or critical comments, on 

one or more of these SNURs before May 

4, 2012, EPA will withdraw the relevant 

sections of this direct final rule before 

its effective date. EPA will then issue a 

proposed SNUR for the chemical 

substance(s) on which adverse or 

critical comments were received, 

providing a 30-day period for public 

comment. 

This rule establishes SNURs for a 

number of chemical substances. Any 

person who submits adverse or critical 

comments, or notice of intent to submit 

adverse or critical comments, must 

identify the chemical substance and the 

new use to which it applies. EPA will 

not withdraw a SNUR for a chemical 

substance not identified in the 

comment. 

VII. Applicability of Rule to Uses 

Occurring Before Effective Date of the 

Rule 

Significant new use designations for a 

chemical substance are legally 

established as of the date of publication 

of this direct final rule, April 4, 2012. 

To establish a significant ‘‘new’’ use, 

EPA must determine that the use is not 

ongoing. The chemical substances 

subject to this rule have undergone 

premanufacture review. TSCA section 

5(e) consent orders have been issued for 

two chemical substances and the PMN 

submitters are prohibited by the TSCA 

section 5(e) consent orders from 

undertaking activities which EPA is 

designating as significant new uses. In 

cases where EPA has not received a 

notice of commencement (NOC) and the 

chemical substance has not been added 

to the TSCA Inventory, no other person 

may commence such activities without 

first submitting a PMN. For chemical 

substances for which an NOC has not 

been submitted at this time, EPA 

concludes that the uses are not ongoing. 

However, EPA recognizes that prior to 

the effective date of the rule, when 

chemical substances identified in this 

SNUR are added to the TSCA Inventory, 

other persons may engage in a 

significant new use as defined in this 

rule before the effective date of the rule. 

However, 7 of the 17 chemical 

substances contained in this rule have 

CBI chemical identities, and since EPA 

has received a limited number of postVerDate Mar<15>2010 14:04 Apr 03, 2012 Jkt 226001 PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 E:\FR\FM\04APR1.SGM 04APR1

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PMN bona fide submissions (per 

§§ 720.25 and 721.11), the Agency 

believes that it is highly unlikely that 

any of the significant new uses 

described in the regulatory text of this 

rule are ongoing. 

As discussed in the April 24, 1990 

SNUR, 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 this 

direct final rule rather than as of the 

effective date of the 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 rule. Thus, persons who 

begin commercial manufacture, import, 

or processing of the chemical substances 

regulated through this SNUR will have 

to cease any such activity before the 

effective date of this 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 all 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. 

VIII. Test Data and Other Information 

EPA recognizes that TSCA section 5 

does not require developing any 

particular test data before submission of 

a SNUN. The two exceptions are: 

1. Development of test data is 

required where the chemical substance 

subject to the SNUR is also subject to a 

test rule under TSCA section 4 (see 

TSCA section 5(b)(1)). 

2. Development of test data may be 

necessary where the chemical substance 

has been listed under TSCA section 

5(b)(4) (see TSCA section 5(b)(2)). 

In the absence of a TSCA section 4 

test rule or a TSCA section 5(b)(4) 

listing covering the chemical substance, 

persons are required only to submit test 

data in their possession or control and 

to describe any other data known to or 

reasonably ascertainable by them (see 

§ 720.50). However, upon review of 

PMNs and SNUNs, the Agency has the 

authority to require appropriate testing. 

In cases where EPA issued a TSCA 

section 5(e) consent order that requires 

or recommends certain testing, Unit IV. 

lists those tests. Unit IV. also lists 

recommended testing for non-5(e) 

SNURs. Descriptions of tests are 

provided for informational purposes. 

EPA strongly encourages persons, before 

performing any testing, to consult with 

the Agency pertaining to protocol 

selection. To access the harmonized test 

guidelines referenced in this document 

electronically, please go to http:// 

www.epa.gov/ocspp and select ‘‘Test 

Methods and Guidelines.’’ 

In the TSCA section 5(e) consent 

orders for two of the chemical 

substances regulated under this rule, 

EPA has established production volume 

limits in view of the lack of data on the 

potential health and environmental 

risks that may be posed by the 

significant new uses or increased 

exposure to the chemical substances. 

These limits cannot be exceeded unless 

the PMN submitter first submits the 

results of toxicity tests that would 

permit a reasoned evaluation of the 

potential risks posed by these chemical 

substances. Under recent TSCA section 

5(e) consent orders, each PMN submitter 

is required to submit each study at least 

14 weeks (earlier TSCA section 5(e) 

consent orders required submissions at 

least 12 weeks) before reaching the 

specified production limit. Listings of 

the tests specified in the TSCA section 

5(e) consent orders are included in Unit 

IV. The SNURs contain the same 

production volume limits as the TSCA 

section 5(e) consent orders. Exceeding 

these production limits is defined as a 

significant new use. Persons who intend 

to exceed the production limit must 

notify the Agency by submitting a 

SNUN at least 90 days in advance of 

commencement of non-exempt 

commercial manufacture, import, or 

processing. 

The recommended tests specified in 

Unit IV. may not be the only means of 

addressing the potential risks of the 

chemical substance. However, 

submitting a SNUN without any test 

data may increase the likelihood that 

EPA will take action under TSCA 

section 5(e), particularly if satisfactory 

test results have not been obtained from 

a prior PMN or SNUN submitter. EPA 

recommends that potential SNUN 

submitters contact EPA early enough so 

that they will be able to conduct the 

appropriate tests. 

SNUN submitters should be aware 

that EPA will be better able to evaluate 

SNUNs which provide detailed 

information on the following: 

• Human exposure and 

environmental release that may result 

from the significant new use of the 

chemical substances. 

• Potential benefits of the chemical 

substances. 

• Information on risks posed by the 

chemical substances compared to risks 

posed by potential substitutes. 

IX. Procedural Determinations 

By this rule, EPA is establishing 

certain significant new uses which have 

been claimed as CBI subject to Agency 

confidentiality regulations at 40 CFR 

part 2 and 40 CFR part 720, subpart E. 

Absent a final determination or other 

disposition of the confidentiality claim 

under 40 CFR part 2 procedures, EPA is 

required to keep this information 

confidential. EPA promulgated a 

procedure to deal with the situation 

where a specific significant new use is 

CBI, at 40 CFR 721.1725(b)(1). 

Under these procedures a 

manufacturer, importer, or processor 

may request EPA to determine whether 

a proposed use would be a significant 

new use under the rule. The 

manufacturer, importer, or processor 

must show that it has a bona fide intent 

to manufacture, import, or process the 

chemical substance and must identify 

the specific use for which it intends to 

manufacture, import, or process the 

chemical substance. If EPA concludes 

that the person has shown a bona fide 

intent to manufacture, import, or 

process the chemical substance, EPA 

will tell the person whether the use 

identified in the bona fide submission 

would be a significant new use under 

the rule. Since most of the chemical 

identities of the chemical substances 

subject to these SNURs are also CBI, 

manufacturers, importers, and 

processors can combine the bona fide 

submission under the procedure in 

§ 721.1725(b)(1) with that under 

§ 721.11 into a single step. 

If EPA determines that the use 

identified in the bona fide submission 

would not be a significant new use, i.e., 

the use does not meet the criteria 

specified in the rule for a significant 

new use, that person can manufacture, 

import, or process the chemical 

substance so long as the significant new 

use trigger is not met. In the case of a 

production volume trigger, this means 

that the aggregate annual production 

volume does not exceed that identified 

in the bona fide submission to EPA. 

Because of confidentiality concerns, 

EPA does not typically disclose the 

actual production volume that 

constitutes the use trigger. Thus, if the 

person later intends to exceed that 

volume, a new bona fide submission 

would be necessary to determine 

whether that higher volume would be a 

significant new use. 


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X. 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. 

XI. Economic Analysis 

EPA has evaluated the potential costs 

of establishing SNUN requirements for 

potential manufacturers, importers, and 

processors of the chemical substances 

subject to this rule. EPA’s complete 

economic analysis is available in the 

docket under docket ID number EPA– 

HQ–OPPT–2011–0942. 

XII. Statutory and Executive Order 

Reviews 

A. Executive Order 12866 

This rule establishes SNURs for 

several new chemical substances that 

were the subject of PMNs, or TSCA 

section 5(e) consent orders. 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 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 does 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, and (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 XI and EPA’s experience 

promulgating SNURs (discussed in the 

certification), EPA believes that the 

following are true: (1) A significant 

number of SNUNs would not be 

submitted by small entities in response 

to the SNUR and (2) submission of the 

SNUN would not cost any small entity 

significantly more than $8,300. 

Therefore, the promulgation of the 

SNUR would not have a significant 

economic impact on a substantial 

number of small entities. 

D. Unfunded Mandates Reform Act 

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 

rule. As such, EPA has determined that 

this rule does not impose any 

enforceable duty, contain any unfunded 

mandate, or otherwise have any affect 

on small governments subject to the 

requirements of sections 202, 203, 204, 

or 205 of the Unfunded Mandates 

Reform Act of 1995 (UMRA) (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 rule does not have Tribal 

implications because it is not expected 

to have substantial direct effects on 

Indian Tribes. This 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 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, 


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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). 

XIII. 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, which includes a 

copy of the rule, to each House of the 

Congress and to 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: March 23, 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 sections 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 

* * * * * 

721.10282 ............................. 2070–0012 

721.10283 ............................. 2070–0012 

721.10284 ............................. 2070–0012 

721.10285 ............................. 2070–0012 

721.10286 ............................. 2070–0012 

721.10287 ............................. 2070–0012 

721.10288 ............................. 2070–0012 

721.10289 ............................. 2070–0012 

721.10290 ............................. 2070–0012 

721.10291 ............................. 2070–0012 

721.10292 ............................. 2070–0012 

721.10293 ............................. 2070–0012 

721.10294 ............................. 2070–0012 

721.10295 ............................. 2070–0012 

721.10296 ............................. 2070–0012 

721.10297 ............................. 2070–0012 

721.10298 ............................. 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 § 721.10282 to subpart E to 

read as follows: 

§ 721.10282 Ethyleneamine 

polyphosphates (generic). 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substance identified 

generically as ethyleneamine 

polyphosphates (PMN P–09–248) is 

subject to reporting under this section 

for the significant new uses described in 

paragraph (a)(2) of this section. 

(2) The significant new uses are: 

(i) Industrial, commercial, and 

consumer activities. Requirements as 

specified in § 721.80(j). 

(ii) [Reserved] 

(b) Specific requirements. The 

provisions of subpart A of this part 

apply to this section except as modified 

by this paragraph. 

(1) Recordkeeping. Recordkeeping 

requirements as specified in 

§ 721.125(a), (b), (c), and (i) are 

applicable to manufacturers, importers, 

and processors of this substance. 

(2) Limitations or revocation of 

certain notification requirements. The 

provisions of § 721.185 apply to this 

section. 

(3) Determining whether a specific use 

is subject to this section. The provisions 

of § 721.1725(b)(1) apply to paragraph 

(a)(2)(i) of this section. 

■ 5. Add § 721.10283 to subpart E to 

read as follows: 

§ 721.10283 Poly[oxy(methyl-1,2- 

ethanediyl)], .alpha.-sulfo-.omega.-hydroxy-, 

C12-13-branched and linear alkyl ethers, 

sodium salts. 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substance identified as 

poly[oxy(methyl-1,2-ethanediyl)], 

.alpha.-sulfo-.omega.-hydroxy-, C12-13- 

branched and linear alkyl ethers, 

sodium salts (PMN P–10–486; CAS No. 

958238–81–8) is subject to reporting 

under this section for the significant 

new uses described in paragraph (a)(2) 

of this section. 

(2) The significant new uses are: 

(i) Hazard communication program. 

Requirements as specified in 

§ 721.72(a), (b), (c), (d), (f), (g)(3)(i), 

(g)(3)(ii), (g)(4)(i), (g)(4)(ii), (g)(4)(iii), 

and (g)(5). 

(ii) Industrial, commercial, and 

consumer activities. Requirements as 

specified in § 721.80(p) (330,000 

kilograms for this substance and P–10– 

487 combined). 

(iii) Disposal. Requirements as 

specified in § 721.85(b)(1) and (c)(1) 

solvent rinsate resulting from cleaning 

of storage and holding tanks, shipboard 

tanks, iso containers, rail cars, and 

trucks used to transport the substance 

may only be disposed of by 

incineration. Sampling wastes 

containing the substance may only be 

disposed of by incineration, and 

§ 721.85(c)(3) for oilfield applications, 

when the substance will no longer be 

injected into a well at a particular site 

for enhanced oil recovery, the water 

rinsate of the field holding tank and any 

remaining field water containing the 

substance must be injected into a 

designated disposal well, either a class 


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I hazardous waste disposal well or 

another class II well. 

(iv) Release to water. Requirements as 

specified in § 721.90(a)(4) (N = 28). 

(b) Specific requirements. The 

provisions of subpart A of this part 

apply to this section except as modified 

by this paragraph. 

(1) Recordkeeping. Recordkeeping 

requirements as specified in 

§ 721.125(a), (b), (c), (f), (g), (h), (i), and 

(k) are applicable to manufacturers, 

importers, and processors of this 

substance. 

(2) Limitations or revocation of 

certain notification requirements. The 

provisions of § 721.185 apply to this 

significant new use rule. 

■ 6. Add § 721.10284 to subpart E to 

read as follows: 

§ 721.10284 Poly[oxy(methyl-1,2- 

ethanediyl)], .alpha.-sulfo-.omega.-hydroxy-, 

C14-15-branched and linear alkyl ethers, 

sodium salts. 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substance identified as 

poly[oxy(methyl-1,2-ethanediyl)], 

.alpha.-sulfo-.omega.-hydroxy-, C14-15- 

branched and linear alkyl ethers, 

sodium salts (PMN P–10–487; CAS No. 

958238–82–9) is subject to reporting 

under this section for the significant 

new uses described in paragraph (a)(2) 

of this section. 

(2) The significant new uses are: 

(i) Hazard communication program. 

Requirements as specified in 

§ 721.72(a), (b), (c), (d), (f), (g)(3)(i), 

(g)(3)(ii), (g)(4)(i), (g)(4)(ii), (g)(4)(iii), 

and (g)(5). 

(ii) Industrial, commercial, and 

consumer activities. Requirements as 

specified in § 721.80(p) (330,000 

kilograms for this substance and for 

P–10–486 combined). 

(iii) Disposal. Requirements as 

specified in § 721.85(b)(1) and (c)(1) 

solvent rinsate resulting from cleaning 

of storage and holding tanks, shipboard 

tanks, iso containers, rail cars, and 

trucks used to transport the substance 

may only be disposed of by 

incineration. Sampling wastes 

containing the substance may only be 

disposed of by incineration, and 

§ 721.85(c)(3) for oilfield applications, 

when the substance will no longer be 

injected into a well at a particular site 

for enhanced oil recovery, the water 

rinsate of the field holding tank and any 

remaining field water containing the 

substance must be injected into a 

designated disposal well, either a class 

I hazardous waste disposal well or 

another class II well. 

(iv) Release to water. Requirements as 

specified in § 721.90(a)(4) (N = 4). 

(b) Specific requirements. The 

provisions of subpart A of this part 

apply to this section except as modified 

by this paragraph. 

(1) Recordkeeping. Recordkeeping 

requirements as specified in 

§ 721.125(a), (b), (c), (f), (g), (h), (i), and 

(k) are applicable to manufacturers, 

importers, and processors of this 

substance. 

(2) Limitations or revocation of 

certain notification requirements. The 

provisions of § 721.185 apply to this 

significant new use rule. 

* * * * * 

■ 7. Add § 721.10285 to subpart E to 

read as follows: 

§ 721.10285 Formaldehyde, polymer with 

4-(1,1-dimethylethyl)phenol, reaction 

products with 1-piperazineethanamine. 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substance identified as 

formaldehyde, polymer with 4-(1,1- 

dimethylethyl)phenol, reaction products 

with 1-piperazineethanamine (PMN 

P–11–33; CAS No. 1191244–16–2) is 

subject to reporting under this section 

for the significant new uses described in 

paragraph (a)(2) of this section. 

(2) The significant new uses are: 

(i) Release to water. Requirements as 

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

(c)(4) (N = 17 parts per billion (ppb)). 

(ii) [Reserved] 

(b) Specific requirements. The 

provisions of subpart A of this part 

apply to this section except as modified 

by this paragraph. 

(1) Recordkeeping. Recordkeeping 

requirements as specified in 

§ 721.125(a), (b), (c), and (k) are 

applicable to manufacturers, importers, 

and processors of this substance. 

(2) Limitations or revocation of 

certain notification requirements. The 

provisions of § 721.185 apply to this 

section. 

■ 8. Add § 721.10286 to subpart E to 

read as follows: 

§ 721.10286 Formaldehyde, polymer with 

.alpha.-(2-aminomethylethyl)-.omega.-(2- 

aminomethylethoxy)poly[oxy(methyl-1,2- 

ethanediyl)] and 4-(1,1- 

dimethylethyl)phenol. 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substance identified as 

formaldehyde, polymer with .alpha.-(2- 

aminomethylethyl)-.omega.-(2- 

aminomethylethoxy)poly[oxy(methyl1,2-ethanediyl)] and 4-(1,1- 

dimethylethyl)phenol) (PMN P–11–34; 

CAS No. 1192146–78–3) is subject to 

reporting under this section for the 

significant new uses described in 

paragraph (a)(2) of this section. 

(2) The significant new uses are: 

(i) Release to water. Requirements as 

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

(c)(4) (N = 21 ppb). 

(ii) [Reserved] 

(b) Specific requirements. The 

provisions of subpart A of this part 

apply to this section except as modified 

by this paragraph. 

(1) Recordkeeping. Recordkeeping 

requirements as specified in 

§ 721.125(a), (b), (c), and (k) are 

applicable to manufacturers, importers, 

and processors of this substance. 

(2) Limitations or revocation of 

certain notification requirements. The 

provisions of § 721.185 apply to this 

section. 

■ 9. Add § 721.10287 to subpart E to 

read as follows: 

§ 721.10287 Infused carbon 

nanostructures (generic). 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substance identified 

generically as infused carbon 

nanostructures (PMN P–11–188) is 

subject to reporting under this section 

for the significant new uses described in 

paragraph (a)(2) of this section. 

(2) The significant new uses are: 

(i) Industrial, commercial, and 

consumer activities. Requirements as 

specified in § 721.80(j) (manufacturing 

process described in the PMN; the 

process described in the PMN includes 

the incorporation of the PMN substance 

into pellets). 

(ii) [Reserved] 

(b) Specific requirements. The 

provisions of subpart A of this part 

apply to this section except as modified 

by this paragraph. 

(1) Recordkeeping. Recordkeeping 

requirements as specified in 

§ 721.125(a), (b), (c) and (i) are 

applicable to manufacturers, importers, 

and processors of this substance. 

(2) Limitations or revocation of 

certain notification requirements. The 

provisions of § 721.185 apply to this 

significant new use rule. 

■ 10. Add § 721.10288 to subpart E to 

read as follows: 

§ 721.10288 Cyclohexane, oxidized, byproducts from, distn. residues. 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substance identified as 

cyclohexane, oxidized, by-products 

from, distn. residues (PMN P–11–316; 

CAS No. 1014979–92–0) is subject to 

reporting under this section for the 

significant new uses described in 

paragraph (a)(2) of this section. 

(2) The significant new uses are: 


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(i) Release to water. Requirements as 

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

(c)(4) (N = 4 ppb). 

(ii) [Reserved] 

(b) Specific requirements. The 

provisions of subpart A of this part 

apply to this section except as modified 

by this paragraph. 

(1) Recordkeeping. Recordkeeping 

requirements as specified in 

§ 721.125(a), (b), (c), and (k) are 

applicable to manufacturers, importers, 

and processors of this substance. 

(2) Limitations or revocation of 

certain notification requirements. The 

provisions of § 721.185 apply to this 

significant new use rule. 

■ 11. Add § 721.10289 to subpart E to 

read as follows: 

§ 721.10289 Hexanedioic acid polymer 

with aliphatic polyol dihydrogen phosphate 

aromatic ester (generic). 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substance identified 

generically as hexanedioic acid polymer 

with aliphatic polyol dihydrogen 

phosphate aromatic ester (PMN P–11– 

333) is subject to reporting under this 

section for the significant new uses 

described in paragraph (a)(2) of this 

section. 

(2) The significant new uses are: 

(i) Industrial, commercial, and 

consumer activities. Requirements as 

specified in § 721.80(j). 

(ii) [Reserved] 

(b) Specific requirements. The 

provisions of subpart A of this part 

apply to this section except as modified 

by this paragraph. 

(1) Recordkeeping. Recordkeeping 

requirements as specified in 

§ 721.125(a), (b), (c), and (i) are 

applicable to manufacturers, importers, 

and processors of this substance. 

(2) Limitations or revocation of 

certain notification requirements. The 

provisions of § 721.185 apply to this 

section. 

(3) Determining whether a specific use 

is subject to this section. The provisions 

of § 721.1725(b)(1) apply to paragraph 

(a)(2)(i) of this section. 

■ 12. Add § 721.10290 to subpart E to 

read as follows: 

§ 721.10290 Alkenoyloxy arylphenone 

(generic). 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substance identified 

generically as alkenoyloxy arylphenone 

(PMN P–11–424) is subject to reporting 

under this section for the significant 

new uses described in paragraph (a)(2) 

of this section. 

(2) The significant new uses are: 

(i) Release to water. Requirements as 

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

(c)(4) (N = 26). 

(ii) [Reserved] 

(b) Specific requirements. The 

provisions of subpart A of this part 

apply to this section except as modified 

by this paragraph. 

(1) Recordkeeping. Recordkeeping 

requirements as specified in 

§ 721.125(a), (b), (c), and (k) are 

applicable to manufacturers, importers, 

and processors of this substance. 

(2) Limitations or revocation of 

certain notification requirements. The 

provisions of § 721.185 apply to this 

section. 

■ 13. Add § 721.10291 to subpart E to 

read as follows: 

§ 721.10291 C15 olefins (generic). 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substance identified 

generically as C15 olefins (PMN P–11– 

511) is subject to reporting under this 

section for the significant new uses 

described in paragraph (a)(2) of this 

section. 

(2) The significant new uses are: 

(i) Release to water. Requirements as 

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

(c)(4) (N = 1 ppb). 

(ii) [Reserved] 

(b) Specific requirements. The 

provisions of subpart A of this part 

apply to this section except as modified 

by this paragraph. 

(1) Recordkeeping. Recordkeeping 

requirements as specified in 

§ 721.125(a), (b), (c), and (k) are 

applicable to manufacturers, importers, 

and processors of this substance. 

(2) Limitations or revocation of 

certain notification requirements. The 

provisions of § 721.185 apply to this 

section. 

■ 14. Add § 721.10292 to subpart E to 

read as follows: 

§ 721.10292 Silicate (2-), hexafluoro-, 

cesium (1:2). 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substance identified as 

silicate (2-) hexafluoro-cesium (1:2) 

(PMN P–11–546; CAS No. 16923–87–8) 

is subject to reporting under this section 

for the significant new uses described in 

paragraph (a)(2) of this section. 

(2) The significant new uses are: 

(i) Industrial, commercial, and 

consumer activities. Requirements as 

specified in § 721.80(j) (use as brazing 

(metal joining) agent). 

(ii) [Reserved] 

(b) Specific requirements. The 

provisions of subpart A of this part 

apply to this section except as modified 

by this paragraph. 

(1) Recordkeeping. Recordkeeping 

requirements as specified in 

§ 721.125(a), (b), (c), and (i) are 

applicable to manufacturers, importers, 

and processors of this substance. 

(2) Limitations or revocation of 

certain notification requirements. The 

provisions of § 721.185 apply to this 

section. 

■ 15. Add § 721.10293 to subpart E to 

read as follows: 

§ 721.10293 Benzoic acid, 4-(1,1- 

dimethylethyl)-, hydrazide. 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substance identified as 

benzoic acid, 4-(1,1-dimethylethyl)-, 

hydrazide (PMN P–11–578; CAS No. 

43100–38–5) is subject to reporting 

under this section for the significant 

new uses described in paragraph (a)(2) 

of this section. 

(2) The significant new uses are: 

(i) Industrial, commercial, and 

consumer activities. Requirements as 

specified in § 721.80(g). 

(ii) Release to water. Requirements as 

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

(c)(4) (N = 2 ppb). 

(b) Specific requirements. The 

provisions of subpart A of this part 

apply to this section except as modified 

by this paragraph. 

(1) Recordkeeping. Recordkeeping 

requirements as specified in 

§ 721.125(a), (b), (c), (i), and (k) are 

applicable to manufacturers, importers, 

and processors of this substance. 

(2) Limitations or revocation of 

certain notification requirements. The 

provisions of § 721.185 apply to this 

section. 

■ 16. Add § 721.10294 to subpart E to 

read as follows: 

§ 721.10294 Cyclohexanol, 2,6-bis(1,1- 

dimethylethyl)-4-methyl-. 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substance identified as 

cyclohexanol, 2,6-bis(1,1- 

dimethylethyl)-4-methyl- (PMN P–11– 

580; CAS No. 163119–16–2) is subject to 

reporting under this section for the 

significant new uses described in 

paragraph (a)(2) of this section. 

(2) The significant new uses are: 

(i) Release to water. Requirements as 

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

(c)(4) (N = 2 ppb). 

(ii) [Reserved] 

(b) Specific requirements. The 

provisions of subpart A of this part 

apply to this section except as modified 

by this paragraph. 

(1) Recordkeeping. Recordkeeping 

requirements as specified in 

§ 721.125(a), (b), (c), and (k) are 


emcdonald on DSK29S0YB1PROD with RULES
20308 Federal Register / Vol. 77, No. 65 / Wednesday, April 4, 2012 / Rules and Regulations 

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. 

■ 17. Add new § 721.10295 to subpart E 

to read as follows: 

§ 721.10295 IPDI modified isophthalic acid, 

neopentyl glycol and adipic acid (generic). 

(a) Chemical substances and 

significant new uses subject to reporting. 

(1) The chemical substance identified 

generically as IPDI modified isophthalic 

acid, neopentyl glycol and adipic acid 

(PMN P–11–591) is subject to reporting 

under this section for the significant 

new uses described in paragraph (a)(2) 

of this section. 

(2) The significant new uses are: 

(i) Industrial, commercial, and 

consumer activities. Requirements as 

specified in § 721.80(o) and (s) (15,000 

kilograms). 

(ii) [Reserved] 

(b) Specific requirements. The 

provisions of subpart A of this part 

apply to this section except as modified 

by this paragraph. 

(1) Recordkeeping. Recordkeeping 

requirements as specified in 

§ 721.125(a), (b), (c), and (i) are 

applicable to manufacturers, importers, 

and processors of this substance. 

(2) Limitations or revocation of 

certain notification requirements. The 

provisions of § 721.185 apply to this 

section. 

■ 18. Add new § 721.10296 to subpart E 

to read as follows: 

§ 721.10296 1,3-Benzenediol, 4-[1-[[3-(lHimidazol-1-yl)propyl]imino] ethyl]-. 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substance identified as 

1,3-benzenediol, 4-[ 1-[[3-(lH-imidazol1-yl)propyl]imino[ethyl]- (PMN P–11– 

608; CAS No. 1313999–39–1) is subject 

to reporting under this section for the 

significant new uses described in 

paragraph (a)(2) of this section. 

(2) The significant new uses are: 

(i) Release to water. Requirements as 

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

(c)(4) (N = 1 ppb). 

(ii) [Reserved] 

(b) Specific requirements. The 

provisions of subpart A of this part 

apply to this section except as modified 

by this paragraph. 

(1) Recordkeeping. Recordkeeping 

requirements as specified in 

§ 721.125(a), (b), (c), and (k) are 

applicable to manufacturers, importers, 

and processors of this substance. 

(2) Limitations or revocation of 

certain notification requirements. The 

provisions of § 721.185 apply to this 

section. 

■ 19. Add new § 721.10297 to subpart E 

to read as follows: 

§ 721.10297 Tin, C16-18 and C18-unsatd. 

fatty acids castor-oil fatty acids complexes. 

(a) Chemical substances and 

significant new uses subject to reporting. 

(1) The chemical substance identified as 

tin, C16-18 and C18-unsatd. fatty acids 

castor-oil fatty acids complexes (PMN 

P–11–637; CAS No. 1315588–63–6) is 

subject to reporting under this section 

for the significant new uses described in 

paragraph (a)(2) of this section. 

(2) The significant new uses are: 

(i) Industrial, commercial, and 

consumer activities. Requirements as 

specified in § 721.80(f) and (o). 

(ii) [Reserved] 

(b) Specific requirements. The 

provisions of subpart A of this part 

apply to this section except as modified 

by this paragraph. 

(1) Recordkeeping. Recordkeeping 

requirements as specified in 

§ 721.125(a), (b), (c), and (i) are 

applicable to manufacturers, importers, 

and processors of this substance. 

(2) Limitations or revocation of 

certain notification requirements. The 

provisions of § 721.185 apply to this 

section. 

■ 20. Add new § 721.10298 to subpart E 

to read as follows: 

§ 721.10298 MDI terminated polyester 

polyurethane polymer (generic). 

(a) Chemical substances and 

significant new uses subject to reporting. 

(1) The chemical substance identified 

generically as MDI terminated polyester 

polyurethane polymer (P–11–662) is 

subject to reporting under this section 

for the significant new uses described in 

paragraph (a)(2) of this section. 

(2) The significant new uses are: 

(i) Industrial, commercial, and 

consumer activities. Requirements as 

specified in § 721.80(o). 

(ii) [Reserved] 

(b) Specific requirements. The 

provisions of subpart A of this part 

apply to this section except as modified 

by this paragraph. 

(1) Recordkeeping. Recordkeeping 

requirements as specified in 

§ 721.125(a), (b), (c), and (i) are 

applicable to manufacturers, importers, 

and processors of this substance. 

(2) Limitations or revocation of 

certain notification requirements. The 

provisions of § 721.185 apply to this 

section. 

[FR Doc. 2012–8092 Filed 4–3–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2011–0544; FRL–9633–3] 

Approval and Promulgation of 

Implementations Plans; California Air 

Resources Board—In-Use Heavy-Duty 

Diesel-Fueled Truck and Bus 

Regulation, and Drayage Truck 

Regulation 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is taking final action to 

approve a revision to the California 

State Implementation Plan (SIP) 

submitted by the California Air 

Resources Board (CARB or Board). This 

revision concerns two regulations that 

reduce emissions of diesel particulate 

matter (PM), oxides of nitrogen (NOX), 

and other pollutants from in-use, heavyduty diesel-fueled trucks and buses, and 

drayage trucks. EPA is approving this 

SIP revision because the Agency has 

determined that the regulations are 

consistent with the relevant Clean Air 

Act requirements, policies and 

guidance. Final approval of the two 

regulations and incorporation of them 

into the California SIP makes them 

federally enforceable. 

DATES: Effective Date: This rule is 

effective on May 4, 2012. 

ADDRESSES: EPA has established docket 

number EPA–R09–OAR–2011–0544 for 

this action. The index to the docket is 

available electronically at 

www.regulations.gov and in hard copy 

at EPA Region IX, 75 Hawthorne Street, 

San Francisco, California. While all 

documents in the docket are listed in 

the index, some information may be 

publicly available only at the hard copy 

location (e.g., copyrighted material), and 

some may not be publicly available in 

either location (e.g., Confidential 

Business Information). 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. 

FOR FURTHER INFORMATION CONTACT: 

Roxanne Johnson, EPA Region IX, (415) 

947–4150, johnson.roxanne@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us’’ 

and ‘‘our’’ refer to EPA. 

Table of Contents 

I. EPA’s Proposed Action 

II. Public Comments and EPA Responses 

III. Final Action 

IV. Statutory and Executive Order Reviews 


emcdonald on DSK29S0YB1PROD with RULES