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[Federal Register Volume 78, Number 75 (Thursday, April 18, 2013)]
[Proposed Rules]
[Pages 23184-23192]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-09155]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 721

[EPA-HQ-OPPT-2012-0740; FRL-9377-8]
RIN 2070-AB27

Proposed Significant New Use Rules on Certain Chemical Substances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing significant new use rules (SNURs) under the 
Toxic Substances Control Act (TSCA) for eight chemical substances which 
were the subject of premanufacture notices (PMNs) P-11-327, P-11-328, 
P-11-329, P-11-330, P-11-331, P-11-332, P-12-298, and P-12-299. This 
action would require persons who intend to manufacture, import, or 
process any of the chemical substances for an activity that is 
designated as a significant new use by this proposed rule to notify EPA 
at least 90 days before commencing that activity. The required 
notification would provide EPA with the opportunity to evaluate the 
intended use and, if necessary, to prohibit or limit the activity 
before it occurs.

DATES: Comments must be received on or before May 20, 2013.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPPT-2012-0740, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the online instructions for submitting comments.
     Mail: Document Control Office (7407M), Office of Pollution 
Prevention and Toxics (OPPT), Environmental Protection Agency, 1200 
Pennsylvania Ave., NW., Washington, DC 20460-0001.
     Hand Delivery: OPPT Document Control Office (DCO), EPA 
East Bldg., Rm. 6428, 1201 Constitution Ave. NW., Washington, DC. ATTN: 
Docket ID Number EPA-HQ-OPPT-2012-0740. The DCO is open from 8 a.m. to 
4 p.m., Monday through Friday, excluding legal holidays. The telephone 
number for the DCO is (202) 564-8930. Such deliveries are only accepted 
during the DCO's normal hours of operation, and special arrangements 
should be made for deliveries of boxed information.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPPT-
2012-0740. EPA's policy is that all comments received will be included 
in the docket without change and may be made available online at http://www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through regulations.gov or email. The 
regulations.gov Web site is an ``anonymous access'' system, which means 
EPA will not know your identity or contact information unless you 
provide it in the body of your comment. If you send an email comment 
directly to EPA without going through regulations.gov, your email 
address will be automatically captured and included as part of the 
comment that is placed in the docket and made available on the 
Internet. If you submit an electronic comment, EPA recommends that you 
include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the docket index 
available at http://www.regulations.gov. Although listed in the index, 
some information is not publicly available, e.g., CBI or other 
information whose disclosure is restricted by statute. Certain other 
material, such as copyrighted material, will be publicly available only 
in hard copy. Publicly available docket materials are available 
electronically at http://www.regulations.gov, or, if only available in 
hard copy, at the OPPT Docket. The OPPT Docket is located in the EPA 
Docket Center (EPA/DC) at Rm. 3334, EPA West Bldg., 1301 Constitution 
Ave., NW., Washington, DC. The EPA/DC Public Reading Room hours of 
operation are 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding 
legal holidays. The telephone number of the EPA/DC Public Reading Room 
is (202) 566-1744, and the telephone number for the OPPT Docket is 
(202) 566-0280. Docket visitors are required to show photographic 
identification, pass through a metal detector, and sign

[[Page 23185]]

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 
proposed rule. The following list of North American Classification 
System (NAICS) codes is not intended to be exhaustive, but rather 
provides a guide to help readers determine whether this document 
applies to them. Potentially affected entities may include:
     Manufacturers, importers, or processors of one or more 
subject chemical substances (NAICS codes 325 and 324110), e.g., 
chemical manufacturing and petroleum refineries.
    This action may also affect certain entities through pre-existing 
import certification and export notification rules under TSCA. Chemical 
importers are subject to the TSCA section 13 (15 U.S.C. 2612) import 
certification requirements promulgated at 19 CFR 12.118 through 12.127; 
see also 19 CFR 127.28. Chemical importers must certify that the 
shipment of the chemical substance complies with all applicable rules 
and orders under TSCA. Importers of chemicals subject to a final SNUR 
must certify their compliance with the SNUR requirements. The EPA 
policy in support of import certification appears at 40 CFR part 707, 
subpart B. In addition, any persons who export or intend to export a 
chemical substance that is the subject of a proposed or final SNUR are 
subject to the export notification provisions of TSCA section 12(b) (15 
U.S.C. 2611(b)) (see Sec.  [emsp14]721.20) and must comply with the 
export notification requirements in 40 CFR part 707, subpart D.

B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through 
regulations.gov or email. Clearly mark the part or all of the 
information that you claim to be CBI. For CBI information in a disk or 
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as 
CBI and then identify electronically within the disk or CD-ROM the 
specific information that is claimed as CBI. In addition to one 
complete version of the comment that includes information claimed as 
CBI, a copy of the comment that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments, 
remember to:
    i. Identify the document by docket ID number and other identifying 
information (subject heading, Federal Register date and page number).
    ii. Follow directions. The Agency may ask you to respond to 
specific questions or organize comments by referencing a Code of 
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information 
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    vi. Provide specific examples to illustrate your concerns and 
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period 
deadline identified.

II. Background

A. What action is the agency taking?

    EPA is proposing these SNURs under section 5(a)(2) of TSCA for 
eight chemical substances which were the subject of PMNs P-11-327, P-
11-328, P-11-329, P-11-330, P-11-331, P-11-332, P-12-298, and P-12-299. 
These SNURs would require persons who intend to manufacture, import, or 
process any of these chemical substances for an activity that is 
designated as a significant new use to notify EPA at least 90 days 
before commencing that activity.
    In the Federal Register of November 2, 2012 (77 FR 66149) (FRL-
9366-7), EPA issued direct final SNURs on these eight chemical 
substances in accordance with the procedures at Sec.  721.160(c)(3)(i). 
EPA received notices of intent to submit adverse comments on these 
SNURs. Therefore, as required by Sec.  721.160(c)(3)(ii), EPA removed 
the direct final SNURs in a separate document, published in the Federal 
Register of December 21, 2012 (77 FR 75566) (FRL 9373-8), and is now 
issuing this proposed rule on the eight chemical substances. The record 
for the direct final SNURs on these chemical substances was established 
as docket number EPA-HQ-OPPT-2012-0740. That record includes 
information considered by the Agency in developing the direct final 
rule and the notice of intent to submit adverse comments.

B. What is the agency's authority for taking this action?

    Section 5(a)(2) of TSCA (15 U.S.C. 2604(a)(2)) authorizes EPA to 
determine that a use of a chemical substance is a ``significant new 
use.'' EPA must make this determination by rule after considering all 
relevant factors, including the four bulleted TSCA section 5(a)(2) 
factors listed in Unit III. Once EPA determines that a use of a 
chemical substance is a significant new use, TSCA section 5(a)(1)(B) 
requires persons to submit a significant new use notice (SNUN) to EPA 
at least 90 days before they manufacture, import, or process the 
chemical substance for that use. Persons who must report are described 
in Sec.  [emsp14]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 Sec.  [emsp14]721.1(c), persons subject to these SNURs must comply 
with the same notice requirements and EPA regulatory procedures as 
submitters of PMNs under TSCA section 5(a)(1)(A). In particular, these 
requirements include the information submission requirements of TSCA 
sections 5(b) and 5(d)(1), the exemptions authorized by TSCA sections 
5(h)(1), (h)(2), (h)(3), and (h)(5), and the regulations at 40 CFR part 
720. Once EPA receives a SNUN, EPA may take regulatory action under 
TSCA section 5(e), 5(f), 6, or 7 to control the

[[Page 23186]]

activities for which it has received the SNUN. If EPA does not take 
action, EPA is required under TSCA section 5(g) to explain in the 
Federal Register its reasons for not taking action.

III. Significant New Use Determination

    Section 5(a)(2) of TSCA states that EPA's determination that a use 
of a chemical substance is a significant new use must be made after 
consideration of all relevant factors, including:
     The projected volume of manufacturing and processing of a 
chemical substance.
     The extent to which a use changes the type or form of 
exposure of human beings or the environment to a chemical substance.
     The extent to which a use increases the magnitude and 
duration of exposure of human beings or the environment to a chemical 
substance.
     The reasonably anticipated manner and methods of 
manufacturing, processing, distribution in commerce, and disposal of a 
chemical substance.
    In addition to these factors enumerated in TSCA section 5(a)(2), 
the statute authorized EPA to consider any other relevant factors.
    To determine what would constitute a significant new use for the 
eight chemical substances that are the subject of this proposed rule, 
EPA considered relevant information about the toxicity of the chemical 
substances, likely human exposures and environmental releases 
associated with possible uses, and the four bulleted TSCA section 
5(a)(2) factors listed in this unit.

IV. Substances Subject to This Proposed Rule

    EPA is proposing significant new use and recordkeeping requirements 
for eight chemical substances in 40 CFR part 721, subpart E. In this 
unit, EPA provides the following information for each chemical 
substance:
     PMN number.
     Chemical name (generic name, if the specific name is 
claimed as CBI).
     Chemical Abstracts Service (CAS) number (if assigned for 
non-confidential chemical identities).
     Basis for the TSCA section 5(e) consent order or, for non-
section 5(e) SNURs, the basis for the SNUR (i.e., SNURs without TSCA 
section 5(e) consent orders).
     Tests recommended by EPA to provide sufficient information 
to evaluate the chemical substance (see Unit VII. for more 
information).
     CFR citation assigned in the regulatory text section of 
this proposed rule.
    The regulatory text section of this proposed rule specifies the 
activities designated as significant new uses.
    This proposed rule includes PMN substances P-11-327, P-11-328, P-
11-329, P-11-330, P-11-331, and P-11-332, that are subject to a ``risk-
based'' consent order under TSCA section 5(e)(1)(A)(ii)(I) where EPA 
determined that activities associated with the PMN substances may 
present unreasonable risk to human health or the environment. This 
consent order requires protective measures to limit exposures or 
otherwise mitigate the potential unreasonable risk. The so-called 
``section 5(e) SNURs'' on these PMN substances are proposed pursuant to 
Sec.  [emsp14]721.160, and are based on and consistent with the 
provisions in the underlying consent order. The section 5(e) SNURs 
designate as a ``significant new use'' the absence of the protective 
measures required in the corresponding consent order.
    This proposed rule also includes a SNUR on PMN substances P-12-298 
and P-12-299 that were not subject to a consent order under TSCA 
section 5(e). In this case, EPA did not find that the use scenario 
described in the PMNs triggered the determinations set forth under TSCA 
section 5(e). However, EPA does believe that certain changes from the 
use scenario described in the PMNs could result in increased exposures, 
thereby constituting a ``significant new use.'' This so-called ``non-
section 5(e) SNUR'' is proposed pursuant to Sec.  [emsp14]721.170. EPA 
has determined that every activity designated as a ``significant new 
use'' in all non-section 5(e) SNURs issued under Sec.  [emsp14]721.170 
satisfies the two requirements stipulated in Sec.  721.170(c)(2), i.e., 
these significant new use activities, ``(i) are different from those 
described in the premanufacture notice for the substance, including any 
amendments, deletions, and additions of activities to the 
premanufacture notice, and (ii) may be accompanied by changes in 
exposure or release levels that are significant in relation to the 
health or environmental concerns identified'' for the PMN substance.

PMN Numbers P-11-327, P-11-328, P-11-329, P-11-330, P-11-331, and P-11-
332

Chemical names: Distillates (lignocellulosic), C5-40 (P-11-327); 
Paraffin waxes
(lignocellulosic) hydrotreated, C5-40- branched, cyclic and linear (P-
11-328); Naphtha
(lignocellulosic), hydrotreated, C5-12-branched, cyclic and linear (P-
11-329); Kerosene
(lignocellulosic), hydrotreated, C8-16-branched, cyclic and linear (P-
11-330); Distillates
(lignocellulosic), hydrotreated, C8-26--branched, cyclic, and linear 
(P-11-331); and
Residual oils (lignocellulosic), hydrotreated, C20-40- branched, 
cyclic, and linear (P-11-332).

    CAS numbers: 1267611-99-3 (P-11-327), 1267611-06-2 (P-11-328), 
1267611-35-7 (P-11-329), 1267611-14-2 (P-11-330), 1267611-11-9 (P-11-
331), and 1267611-71-1 (P-11-332).
    Effective date of TSCA section 5(e) consent order: July 21, 2012.
    Basis for TSCA section 5(e) consent order: The PMN states that the 
generic (non-confidential) uses of the PMN substances will be as a 
distillation feedstock after hydrotreatment (P-11-327), as a feedstock 
(P-11-328), as a blend-stock for conventional fossil fuels (P-11-329, 
P-11-330, and P-11-331), and use in a manner comparable to gas oil as 
it is currently used in industry (P-11-332). These PMNs are complex 
mixtures and have been assessed based on the toxic components within 
their mixture. The most important and primary component present is 
benzene. Based on this analysis, EPA identified concerns for 
oncogenicity, immunosuppression, and skin sensitization (defatting of 
the skin tissue) to workers exposed to the PMN substances. The EPA 
Maximum Contaminant Level for benzene in drinking water is 5 parts per 
billion (ppb). The PMNs' New Chemical Exposure Limit (NCEL) is 0.32 
milligram/cubic meter (mg/m\3\) as an 8-hour time-weighted average. In 
addition, based on ecological structure activity relationship (EcoSAR) 
analysis of test data on analogous neutral organics, EPA predicts 
toxicity to aquatic organisms may occur at concentrations that exceed 
82 ppb for each of the following: P-11-329 and P-11-331, and 180 ppb 
for each of the following: P-11-327, P-11-328, P-11-330, and P-11-332. 
However, EPA does not expect risk to aquatic organisms at the expected 
levels and duration of exposure as described in the PMNs. The consent 
order was issued under TSCA sections 5(e)(1)(A)(i) and 
5(e)(1)(A)(ii)(I) based on a finding that these substances may present 
an unreasonable risk of injury to human health and the environment. To 
protect against these risks, the consent order requires:
    1. Use of personal protective equipment including dermal protection 
when there is potential dermal exposure and a National Institute for 
Occupational Safety and Health

[[Page 23187]]

(NIOSH)-certified respirator with an assigned protection factor (APF) 
of at least 10,000, or compliance with a NCEL of 0.32 mg/m\3\ as an 8-
hour time-weighted average when there is potential inhalation exposure.
    2. No use of the substances resulting in surface water 
concentrations exceeding 5 ppb of the combination of these PMN 
substances.
    3. Establishment and use of a hazard communication program. The 
SNUR designates as a ``significant new use'' the absence of these 
protective measures.
    Recommended testing: EPA has determined that a combined chronic 
toxicity/carcinogenicity test (OPPTS Test Guideline 870.4300); a 
daphnid chronic toxicity test (OPPTS Test Guideline 850.1300); and fish 
early-life stage toxicity test (OPPTS Test Guideline 850.1400) would 
help characterize the human health and environmental effects of the PMN 
substances. The order does not require submission of the testing at any 
specified time or production volume. However, the order's restrictions 
on manufacture, import, processing, distribution in commerce, use, and 
disposal will remain in effect until the order is modified or revoked 
by EPA based on submission of that or other relevant information.
    CFR citations: 40 CFR 721.10612 (P-11-327); 721.10613 (P-11-328); 
721.10614 (P-11-329); 721.10615 (P-11-330); 721.10616 (P-11-331); and 
721.10617 (P-11-332).

PMN Numbers P-12-298 and P-12-299

    Chemical name: Vinylidene ester (generic).
    CAS number: Not available.
    Basis for action: The PMNs state that the generic uses of the 
substances will be adhesives. Based on EcoSAR analysis of test data on 
analogous esters, EPA predicts toxicity to aquatic organisms may occur 
at concentrations that exceed 7 ppb of the PMN substances in surface 
waters for greater than 20 days per year. This 20-day criterion is 
derived from partial life cycle tests (daphnid chronic and fish early-
life stage tests) that typically range from 21 to 28 days in duration. 
EPA predicts toxicity to aquatic organisms may occur if releases of the 
PMN substances to surface water exceed releases from the use described 
in the PMNs. For the described use in the PMNs, significant 
environmental releases are not expected because environmental releases 
did not result in surface water concentrations exceeding 7 ppb for more 
than 20 days per year. Therefore, EPA has not determined that the 
proposed manufacturing, processing, or use of the substances may 
present an unreasonable risk. EPA has determined, however, that 
combined production volume of the two PMN substances exceeding 20,000 
kilograms per year could result in exposures which may cause 
significant adverse environmental effects. Based on this information, 
the PMN substances meet the concern criteria at Sec.  
721.170(b)(4)(ii).
    Recommended testing: EPA has determined that the results of a fish 
acute toxicity test, freshwater and marine (OPPTS Test Guidelines 
850.1075); an aquatic invertebrate acute toxicity test, freshwater 
daphnids (OPPTS Test Guidelines 850.1010); and an algal toxicity test 
(OCSPP Test Guideline 850.4500) would help characterize the 
environmental effects of the PMN substances.
    CFR citation: 40 CFR 721.10623.

V. Rationale and Objectives of the Proposed Rule

A. Rationale

    During review of the PMNs submitted for the eight chemical 
substances that are subject to these proposed SNURs, EPA concluded that 
for six of the substances, regulation was warranted under TSCA section 
5(e), pending the development of information sufficient to make 
reasoned evaluations of the health and environmental effects of the 
chemical substances. For two of the eight substances, where the uses 
are not regulated under a TSCA section 5(e) consent order, EPA 
determined that one or more of the criteria of concern established at 
Sec.  721.170 were met. The basis for these findings is outlined in 
Unit IV.

B. Objectives

    EPA is proposing these SNURs for specific chemical substances that 
have undergone premanufacture review because the Agency wants to 
achieve the following objectives with regard to the significant new 
uses designated in this proposed rule:
     EPA would receive notice of any person's intent to 
manufacture, import, or process a listed chemical substance for the 
described significant new use before that activity begins.
     EPA would have an opportunity to review and evaluate data 
submitted in a SNUN before the notice submitter begins manufacturing, 
importing, or processing a listed chemical substance for the described 
significant new use.
     EPA would be able to regulate prospective manufacturers, 
importers, or processors of a listed chemical substance before the 
described significant new use of that chemical substance occurs, 
provided that regulation is warranted pursuant to TSCA sections 5(e), 
5(f), 6, or 7.
     EPA would ensure that all manufacturers, importers, and 
processors of the same chemical substance that is subject to a TSCA 
section 5(e) consent order are subject to similar requirements.
    Issuance of a SNUR for a chemical substance does not signify that 
the chemical substance is listed on the TSCA Chemical Substance 
Inventory (TSCA Inventory). Guidance on how to determine if a chemical 
substance is on the TSCA Inventory is available on the Internet at 
http://www.epa.gov/opptintr/existingchemicals/pubs/tscainventory/index.html.

VI. Applicability of the Significant New Use Designation

    To establish a significant new use, EPA must determine that the use 
is not ongoing. The chemical substances subject to this proposed rule 
have undergone premanufacture review. In cases where EPA has not 
received a notice of commencement (NOC) and the chemical substance has 
not been added to the TSCA Inventory, no person may commence such 
activities without first submitting a PMN. Therefore, for chemical 
substances for which an NOC has not been submitted EPA concludes that 
the designated significant new uses are not ongoing.
    When chemical substances identified in this proposed rule are added 
to the TSCA Inventory, EPA recognizes that, before the final rule is 
issued, other persons might engage in a use that has been identified as 
a significant new use. However, TSCA section 5(e) consent orders have 
been issued for six of the eight chemical substances, and the PMN 
submitters are prohibited by the TSCA section 5(e) consent orders from 
undertaking activities which would be designated as significant new 
uses. The other two chemical substances contained in this proposed rule 
are not regulated with TSCA section 5(e) consent orders. The identities 
of these two chemical substances have been claimed as confidential, and 
EPA has received no post-PMN bona fide submissions (per Sec.  720.25 
and Sec.  721.11). Based on this, the Agency believes that it is highly 
unlikely that any of the significant new uses described in the 
regulatory text of this proposed rule are ongoing.
    If uses begun after the direct final rule was published on November 
2, 2012, were considered ongoing rather than new, any person could 
defeat the SNUR by initiating the significant new use

[[Page 23188]]

before the final rule was issued. Therefore EPA designates November 2, 
2012 as the cutoff date for determining whether the new use is ongoing. 
Persons who begin commercial manufacture, import, or processing of the 
chemical substances for a significant new use identified as of that 
date would have to cease any such activity upon the effective date of 
the final rule. To resume their activities, these persons would have to 
first comply with all applicable SNUR notification requirements and 
wait until the notice review period, including any extensions, expires. 
If such a person met the conditions of advance compliance under Sec.  
721.45(h), the person would be considered exempt from the requirements 
of the SNUR. Consult the Federal Register document of April 24, 1990 
(55 FR 17376) for a more detailed discussion of the cutoff date for 
ongoing uses.

VII. Test Data and Other Information

    EPA recognizes that TSCA section 5 does not require developing any 
particular test data before submission of a SNUN. The two exceptions 
are:
    1. Development of test data is required where the chemical 
substance subject to the SNUR is also subject to a test rule under TSCA 
section 4 (see TSCA section 5(b)(1)).
    2. Development of test data may be necessary where the chemical 
substance has been listed under TSCA section 5(b)(4) (see TSCA section 
5(b)(2)).
    In the absence of a TSCA section 4 test rule or a TSCA section 
5(b)(4) listing covering the chemical substance, persons are required 
only to submit test data in their possession or control and to describe 
any other data known to or reasonably ascertainable by them (see Sec.  
720.50). However, upon review of PMNs and SNUNs, the Agency has the 
authority to require appropriate testing. In cases where EPA issued a 
TSCA section 5(e) consent order that requires or recommends certain 
testing, Unit IV. lists those tests. Unit IV. also lists recommended 
testing for non-5(e) SNURs. Descriptions of tests are provided for 
informational purposes. EPA strongly encourages persons, before 
performing any testing, to consult with the Agency pertaining to 
protocol selection. To access the OCSPP test guidelines referenced in 
this document electronically, please go to http://www.epa.gov/ocspp and 
select ``Test Methods and Guidelines.''
    The recommended tests specified in Unit IV. may not be the only 
means of addressing the potential risks of the chemical substance. 
However, submitting a SNUN without any test data may increase the 
likelihood that EPA will take action under TSCA section 5(e), 
particularly if satisfactory test results have not been obtained from a 
prior PMN or SNUN submitter. EPA recommends that potential SNUN 
submitters contact EPA early enough so that they will be able to 
conduct the appropriate tests.
    SNUN submitters should be aware that EPA will be better able to 
evaluate SNUNs which provide detailed information on the following:
     Human exposure and environmental release that may result 
from the significant new use of the chemical substances.
     Potential benefits of the chemical substances.
     Information on risks posed by the chemical substances 
compared to risks posed by potential substitutes.

VIII. SNUN Submissions

    According to Sec.  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 Sec.  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 
Sec. Sec.  720.40 and 721.25. E-PMN software is available 
electronically at http://www.epa.gov/opptintr/newchems.

IX. Economic Analysis

    EPA has evaluated the potential costs of establishing SNUN 
requirements for potential manufacturers, importers, and processors of 
the chemical substances during the development of the direct final 
rule. EPA's complete economic analysis is available in the docket under 
docket ID number EPA-HQ-OPPT-2012-0740.

X. Statutory and Executive Order Reviews

A. Executive Order 12866

    This proposed rule would establish SNURs for eight chemical 
substances that were the subject of PMNs, and in six cases, a TSCA 
section 5(e) consent order. The Office of Management and Budget (OMB) 
has exempted these types of actions from review under Executive Order 
12866, entitled Regulatory Planning and Review (58 FR 51735, October 4, 
1993).

B. Paperwork Reduction Act (PRA)

    According to the PRA, 44 U.S.C. 3501 et seq., an Agency may not 
conduct or sponsor, and a person is not required to respond to a 
collection of information that requires OMB approval under PRA, unless 
it has been approved by OMB and displays a currently valid OMB control 
number. The OMB control numbers for EPA's regulations in title 40 of 
the CFR, after appearing in the Federal Register, are listed in 40 CFR 
part 9, and included on the related collection instrument or form, if 
applicable. EPA would amend the table in 40 CFR part 9 to list the OMB 
approval number for the information collection requirements contained 
in this proposed rule, if the SNUR is subsequently issued as a final 
rule. This listing of the OMB control numbers and their subsequent 
codification in the CFR satisfies the display requirements of PRA and 
OMB's implementing regulations at 5 CFR part 1320. This Information 
Collection Request (ICR) was previously subject to public notice and 
comment prior to OMB approval, and given the technical nature of the 
table, EPA finds that further notice and comment to amend it is 
unnecessary. As a result, EPA finds that there is ``good cause'' under 
section 553(b)(3)(B) of the Administrative Procedure Act, 5 U.S.C. 
553(b)(3)(B), to amend this table without further notice and comment.
    The information collection requirements related to this action have 
already been approved by OMB pursuant to PRA under OMB control number 
2070-0012 (EPA ICR No. 574). This action would not impose any burden 
requiring additional OMB approval. If an entity were to submit a SNUN 
to the Agency, the annual burden is estimated to average between 30 and 
170 hours per response. This burden estimate includes the time needed 
to review instructions, search existing data sources, gather and 
maintain the data needed, and complete, review, and submit the required 
SNUN.
    Send any comments about the accuracy of the burden estimate, and 
any suggested methods for minimizing respondent burden, including 
through the use of automated collection techniques, to the Director, 
Collection Strategies Division, Office of Environmental Information 
(2822T), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001. Please remember to include the OMB control 
number in any correspondence, but do not submit any completed forms to 
this address.

C. Regulatory Flexibility Act (RFA)

    On February 18, 2012, EPA certified pursuant to RFA section 605(b) 
(5 U.S.C. 601 et seq.), that promulgation of a SNUR does not have a 
significant economic impact on a substantial

[[Page 23189]]

number of small entities where the following are true:
    1. A significant number of SNUNs would not be submitted by small 
entities in response to the SNUR.
    2. The SNUR submitted by any small entity would not cost 
significantly more than $8,300. A copy of that certification is 
available in the docket for this proposed rule.
    This proposed rule is within the scope of the February 18, 2012 
certification. Based on the Economic Analysis discussed in Unit IX. and 
EPA's experience promulgating SNURs (discussed in the certification), 
EPA believes that the following are true:
     A significant number of SNUNs would not be submitted by 
small entities in response to the SNUR.
     Submission of the SNUN would not cost any small entity 
significantly more than $8,300.
    Therefore, the promulgation of these SNURs would not have a 
significant economic impact on a substantial number of small entities.

D. Unfunded Mandates Reform Act (UMRA)

    Based on EPA's experience with proposing and finalizing SNURs, 
State, local, and Tribal governments have not been impacted by these 
rulemakings, and EPA does not have any reasons to believe that any 
State, local, or Tribal government would be impacted by this proposed 
rule. As such, EPA has determined that this proposed rule would not 
impose any enforceable duty, contain any unfunded mandate, or otherwise 
have any effect on small governments subject to the requirements of 
UMRA sections 202, 203, 204, or 205 (2 U.S.C. 1501 et seq.).

E. Executive Order 13132

    This action would not have a substantial direct effect on States, 
on the relationship between the national government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government, as specified in Executive Order 13132, entitled 
Federalism (64 FR 43255, August 10, 1999).

F. Executive Order 13175

    This proposed rule would not have Tribal implications because it is 
not expected to have substantial direct effects on Indian Tribes. This 
proposed rule would not significantly nor uniquely affect the 
communities of Indian Tribal governments, nor would it involve or 
impose any requirements that affect Indian Tribes. Accordingly, the 
requirements of Executive Order 13175, entitled Consultation and 
Coordination with Indian Tribal Governments (65 FR 67249, November 9, 
2000), do not apply to this proposed rule.

G. Executive Order 13045

    This action is not subject to Executive Order 13045, entitled 
Protection of Children from Environmental Health Risks and Safety Risks 
(62 FR 19885, April 23, 1997), because this is not an economically 
significant regulatory action as defined by Executive Order 12866, and 
this action does not address environmental health or safety risks 
disproportionately affecting children.

H. Executive Order 13211

    This proposed rule is not subject to Executive Order 13211, 
entitled Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use (66 FR 28355, May 22, 2001), 
because this action is not expected to affect energy supply, 
distribution, or use and because this action is not a significant 
regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act (NTTAA)

    In addition, since this action would not involve any technical 
standards the National Technology Transfer and Advancement Act (NTTAA), 
section 12(d) (15 U.S.C. 272 note), would not apply to this action.

J. Executive Order 12898

    This action does not entail special considerations of environmental 
justice related issues as delineated by Executive Order 12898, entitled 
Federal Actions to Address Environmental Justice in Minority 
Populations and Low-Income Populations (59 FR 7629, February 16, 1994).

List of Subjects in 40 CFR Part 721

    Environmental protection, Chemicals, Hazardous substances, 
Reporting and recordkeeping requirements.

    Dated: April 12, 2013.
Maria J. Doa,
Director, Chemical Control Division, Office of Pollution Prevention and 
Toxics.
    Therefore, it is proposed that 40 CFR part 721 be amended as 
follows:

PART 721--[AMENDED]

0
1. The authority citation for part 721 continues to read as follows:

    Authority:  15 U.S.C. 2604, 2607, and 2625(c).

0
2. Add Sec.  721.10612 to subpart E to read as follows:

Sec.  721.10612  Distillates (lignocellulosic), C5-40.

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified as distillates 
(lignocellulosic), C5-40 (PMN P-11-327; CAS No. 1267611-99-3) is 
subject to reporting under this section for the significant new uses 
described in paragraph (a)(2) of this section.
    (2) The significant new uses are:
    (i) Protection in the workplace. Requirements as specified in Sec.  
721.63(a)(1), (a)(3), (a)(4), (a)(6), (b) (concentration set at 0.1 
percent), and (c). When determining which persons are reasonably likely 
to be exposed as required for Sec.  721.63(a)(1) and (a)(4), 
engineering control measures (e.g., enclosure or confinement of the 
operation, general and local ventilation) or administrative control 
measures (e.g., workplace policies and procedures) shall be considered 
and implemented to prevent exposure, where feasible. The following 
National Institute for Occupational Safety and Health (NIOSH)-certified 
respirators with an assigned protection factor (APF) of 10,000 meet the 
minimum requirements for Sec.  721.63(a)(4): Any NIOSH-certified 
pressure-demand or other positive pressure mode (e.g., open/closed 
circuit) self-contained breathing apparatus (SCBA) equipped with a hood 
or helmet or a full facepiece.
    (A) As an alternative to the respiratory requirements listed in 
paragraph (a)(2)(i) of this section, a manufacturer, importer, or 
processor may choose to follow the new chemical exposure limit (NCEL) 
provisions listed in the TSCA section 5(e) consent order for this 
substance. The NCEL is 0.32 milligram/cubic meter (mg/m\3\) as an 8-
hour time-weighted average. Persons who wish to pursue NCELs as an 
alternative to the Sec.  721.63 respirator requirements may request to 
do so under Sec.  721.30. Persons whose Sec.  721.30 requests to use 
the NCELs approach are approved by EPA will receive NCELs provisions 
comparable to those contained in the corresponding section 5(e) consent 
order.
    (B) [Reserved]
    (ii) Hazard communication program. Requirements as specified in 
Sec.  721.72(a), (b), (c), (d), (e) (concentration set at 0.1 percent), 
(f), and (g).
    (iii) Release to water. Requirements as specified in Sec.  721.90 
(a)(4), (b)(4), and (c)(4) (where N=5 and 5 is an aggregate of releases 
for the following substances: Distillates (lignocellulosic), C5-40 (PMN 
P-11-327; CAS No. 1267611-99-3); paraffin waxes (lignocellulosic) 
hydrotreated, C5-40-branched, cyclic

[[Page 23190]]

and linear (PMN P-11-328; CAS No. 1267611-06-2); naphtha 
(lignocellulosic), hydrotreated, C5-12-branched, cyclic and linear (PMN 
P-11-329; CAS No. 1267611-35-7); kerosene (lignocellulosic), 
hydrotreated, C8-16-branched, cyclic and linear (PMN P-11-330; CAS No. 
1267611-14-2); distillates (lignocellulosic), hydrotreated, C8-26-
branched, cyclic, and linear (PMNP-11-331; CAS No. 1267611-11-9); and 
residual oils (lignocellulosic), hydrotreated, C20-40-branched, cyclic, 
and linear (PMN P-11-332; CAS No. 1267611-71-1)).
    (b) Specific requirements. The provisions of subpart A of this part 
apply to this section except as modified by this paragraph.
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.  
721.125 (a) through (h) and (k) are applicable to manufacturers, 
importers, and processors of this substance.
    (2) Limitations or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.
0
3. Add Sec.  721.10613 to subpart E to read as follows:

Sec.  721.10613  Paraffin waxes (lignocellulosic) hydrotreated, C5-40-
branched, cyclic and linear.

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified as paraffin waxes 
(lignocellulosic) hydrotreated, C5-40-branched, cyclic and linear (PMN 
P-11-328; CAS No. 1267611-06-2) is subject to reporting under this 
section for the significant new uses described in paragraph (a)(2) of 
this section.
    (2) The significant new uses are:
    (i) Protection in the workplace. Requirements as specified in Sec.  
721.63(a)(1), (a)(3), (a)(4), (a)(6), (b) (concentration set at 0.1 
percent), and (c). When determining which persons are reasonably likely 
to be exposed as required for Sec.  721.63(a)(1) and (a)(4), 
engineering control measures (e.g., enclosure or confinement of the 
operation, general and local ventilation) or administrative control 
measures (e.g., workplace policies and procedures) shall be considered 
and implemented to prevent exposure, where feasible. The following 
National Institute for Occupational Safety and Health (NIOSH)-certified 
respirators with an assigned protection factor (APF) of 10,000 meet the 
minimum requirements for Sec.  721.63(a)(4): Any NIOSH-certified 
pressure-demand or other positive pressure mode (e.g., open/closed 
circuit) self-contained breathing apparatus (SCBA) equipped with a hood 
or helmet or a full facepiece.
    (A) As an alternative to the respiratory requirements listed in 
paragraph (a)(2)(i) of this section, a manufacturer, importer, or 
processor may choose to follow the new chemical exposure limit (NCEL) 
provisions listed in the TSCA section 5(e) consent order for this 
substance. The NCEL is 0.32 milligram/cubic meter (mg/m\3\) as an 8-
hour time-weighted average. Persons who wish to pursue NCELs as an 
alternative to the Sec.  721.63 respirator requirements may request to 
do so under Sec.  721.30. Persons whose Sec.  721.30 requests to use 
the NCELs approach are approved by EPA will receive NCELs provisions 
comparable to those contained in the corresponding section 5(e) consent 
order.
    (B) [Reserved]
    (ii) Hazard communication program. Requirements as specified in 
Sec.  721.72(a), (b), (c), (d), (e) (concentration set at 0.1 percent), 
(f), and (g).
    (iii) Release to water. Requirements as specified in Sec.  
721.90(a)(4), (b)(4), and (c)(4) (where N=5 and 5 is an aggregate of 
releases for the following substances: Distillates (lignocellulosic), 
C5-40 (PMN P-11-327; CAS No. 1267611-99-3); paraffin waxes 
(lignocellulosic) hydrotreated, C5-40-branched, cyclic and linear (PMN 
P-11-328; CAS No. 1267611-06-2); naphtha (lignocellulosic), 
hydrotreated, C5-12-branched, cyclic and linear (PMN P-11-329; CAS No. 
1267611-35-7); kerosene (lignocellulosic), hydrotreated, C8-16-
branched, cyclic and linear (PMN P-11-330; CAS No. 1267611-14-2); 
distillates (lignocellulosic), hydrotreated, C8-26-branched, cyclic, 
and linear (PMN P-11-331; CAS No. 1267611-11-9); and residual oils 
(lignocellulosic), hydrotreated, C20-40-branched, cyclic, and linear 
(PMN P-11-332; CAS No. 1267611-71-1)).
    (b) Specific requirements. The provisions of subpart A of this part 
apply to this section except as modified by this paragraph.
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.  
721.125 (a) through (h) and (k) are applicable to manufacturers, 
importers, and processors of this substance.
    (2) Limitations or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.
0
4. Add Sec.  721.10614 to subpart E to read as follows:

Sec.  721.10614  Naphtha (lignocellulosic), hydrotreated, C5-12-
branched, cyclic and linear.

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified as naphtha 
(lignocellulosic), hydrotreated, C5-12-branched, cyclic and linear (PMN 
P-11-329; CAS No. 1267611-35-7) is subject to reporting under this 
section for the significant new uses described in paragraph (a)(2) of 
this section.
    (2) The significant new uses are:
    (i) Protection in the workplace. Requirements as specified in Sec.  
721.63 (a)(1), (a)(3), (a)(4), (a)(6), (b) (concentration set at 0.1 
percent), and (c). When determining which persons are reasonably likely 
to be exposed as required for Sec.  721.63 (a)(1) and (a)(4), 
engineering control measures (e.g., enclosure or confinement of the 
operation, general and local ventilation) or administrative control 
measures (e.g., workplace policies and procedures) shall be considered 
and implemented to prevent exposure, where feasible. The following 
National Institute for Occupational Safety and Health (NIOSH)-certified 
respirators with an assigned protection factor (APF) of 10,000 meet the 
minimum requirements for Sec.  721.63(a)(4): Any NIOSH-certified 
pressure-demand or other positive pressure mode (e.g., open/closed 
circuit) self-contained breathing apparatus (SCBA) equipped with a hood 
or helmet or a full facepiece.
    (A) As an alternative to the respiratory requirements listed in 
paragraph (a)(2)(i) of this section, a manufacturer, importer, or 
processor may choose to follow the new chemical exposure limit (NCEL) 
provisions listed in the TSCA section 5(e) consent order for this 
substance. The NCEL is 0.32 milligram/cubic meter (mg/m\3\) as an 8-
hour time-weighted average. Persons who wish to pursue NCELs as an 
alternative to the Sec.  721.63 respirator requirements may request to 
do so under Sec.  721.30. Persons whose Sec.  721.30 requests to use 
the NCELs approach are approved by EPA will receive NCELs provisions 
comparable to those contained in the corresponding section 5(e) consent 
order.
    (B) [Reserved]
    (ii) Hazard communication program. Requirements as specified in 
Sec.  721.72 (a), (b), (c), (d), (e) (concentration set at 0.1 
percent), (f), and (g).
    (iii) Release to water. Requirements as specified in Sec.  
721.90(a)(4), (b)(4), and (c)(4) (where N=5 and 5 is an aggregate of 
releases for the following substances: Distillates (lignocellulosic), 
C5-40 (PMN P-11-327; CAS No. 1267611-99-3); paraffin waxes 
(lignocellulosic)

[[Page 23191]]

hydrotreated, C5-40-branched, cyclic and linear (PMN P-11-328; CAS No. 
1267611-06-2); naphtha (lignocellulosic), hydrotreated, C5-12-branched, 
cyclic and linear (PMN P-11-329; CAS No. 1267611-35-7); kerosene 
(lignocellulosic), hydrotreated, C8-16-branched, cyclic and linear (PMN 
P-11-330; CAS No. 1267611-14-2); distillates (lignocellulosic), 
hydrotreated, C8-26-branched, cyclic, and linear (PMN P-11-331; CAS No. 
1267611-11-9); and residual oils (lignocellulosic), hydrotreated, C20-
40-branched, cyclic, and linear (PMN P-11-332; CAS No. 1267611-71-1)).
    (b) Specific requirements. The provisions of subpart A of this part 
apply to this section except as modified by this paragraph.
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.  
721.125 (a) through (h) and (k) are applicable to manufacturers, 
importers, and processors of this substance.
    (2) Limitations or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.
0
5. Add Sec.  721.10615 to subpart E to read as follows:

Sec.  721.10615  Kerosene (lignocellulosic), hydrotreated, C8-16-
branched, cyclic and linear.

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified as kerosene 
(lignocellulosic), hydrotreated, C8-16-branched, cyclic and linear (PMN 
P-11-330; CAS No. 1267611-14-2) is subject to reporting under this 
section for the significant new uses described in paragraph (a)(2) of 
this section.
    (2) The significant new uses are:
    (i) Protection in the workplace. Requirements as specified in Sec.  
721.63(a)(1), (a)(3), (a)(4), (a)(6), (b) (concentration set at 0.1 
percent), and (c). When determining which persons are reasonably likely 
to be exposed as required for Sec.  721.63(a)(1) and (a)(4), 
engineering control measures (e.g., enclosure or confinement of the 
operation, general and local ventilation) or administrative control 
measures (e.g., workplace policies and procedures) shall be considered 
and implemented to prevent exposure, where feasible. The following 
National Institute for Occupational Safety and Health (NIOSH)-certified 
respirators with an assigned protection factor (APF) of 10,000 meet the 
minimum requirements for Sec.  721.63(a)(4): Any NIOSH-certified 
pressure-demand or other positive pressure mode (e.g., open/closed 
circuit) self-contained breathing apparatus (SCBA) equipped with a hood 
or helmet or a full facepiece.
    (A) As an alternative to the respiratory requirements listed in 
paragraph (a)(2)(i) of this section, a manufacturer, importer, or 
processor may choose to follow the new chemical exposure limit (NCEL) 
provisions listed in the TSCA section 5(e) consent order for this 
substance. The NCEL is 0.32 milligram/cubic meter (mg/m\3\) as an 8-
hour time-weighted average. Persons who wish to pursue NCELs as an 
alternative to the Sec.  721.63 respirator requirements may request to 
do so under Sec.  721.30. Persons whose Sec.  721.30 requests to use 
the NCELs approach are approved by EPA will receive NCELs provisions 
comparable to those contained in the corresponding section 5(e) consent 
order.
    (B) [Reserved]
    (ii) Hazard communication program. Requirements as specified in 
Sec.  721.72(a), (b), (c), (d), (e) (concentration set at 0.1 percent), 
(f), and (g).
    (iii) Release to water. Requirements as specified in Sec.  
721.90(a)(4), (b)(4), and (c)(4) (where N=5 and 5 is an aggregate of 
releases for the following substances: Distillates (lignocellulosic), 
C5-40 (PMN P-11-327; CAS No. 1267611-99-3); paraffin waxes 
(lignocellulosic) hydrotreated, C5-40-branched, cyclic and linear (PMN 
P-11-328; CAS No. 1267611-06-2); naphtha (lignocellulosic), 
hydrotreated, C5-12- branched, cyclic and linear (PMN P-11-329; CAS No. 
1267611-35-7); kerosene (lignocellulosic), hydrotreated, C8-16-
branched, cyclic and linear (PMN P-11-330; CAS No. 1267611-14-2); 
distillates (lignocellulosic), hydrotreated, C8-26-branched, cyclic, 
and linear (PMN P-11-331; CAS No. 1267611-11-9); and residual oils 
(lignocellulosic), hydrotreated, C20-40-branched, cyclic, and linear 
(PMN P-11-332; CAS No. 1267611-71-1)).
    (b) Specific requirements. The provisions of subpart A of this part 
apply to this section except as modified by this paragraph.
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.  
721.125 (a) through (h) and (k) are applicable to manufacturers, 
importers, and processors of this substance.
    (2) Limitations or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.
0
6. Add Sec.  721.10616 to subpart E to read as follows:

Sec.  721.10616  Distillates (lignocellulosic), hydrotreated, C8-26-
branched, cyclic, and linear.

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified as distillates 
(lignocellulosic), hydrotreated, C8-26-branched, cyclic, and linear 
(PMN P-11-331; CAS No. 1267611-11-9) is subject to reporting under this 
section for the significant new uses described in paragraph (a)(2) of 
this section.
    (2) The significant new uses are:
    (i) Protection in the workplace. Requirements as specified in Sec.  
721.63(a)(1), (a)(3), (a)(4), (a)(6), (b) (concentration set at 0.1 
percent), and (c). When determining which persons are reasonably likely 
to be exposed as required for Sec.  721.63(a)(1) and (a)(4), 
engineering control measures (e.g., enclosure or confinement of the 
operation, general and local ventilation) or administrative control 
measures (e.g., workplace policies and procedures) shall be considered 
and implemented to prevent exposure, where feasible. The following 
National Institute for Occupational Safety and Health (NIOSH)-certified 
respirators with an assigned protection factor (APF) of 10,000 meet the 
minimum requirements for Sec.  721.63(a)(4): Any NIOSH-certified 
pressure-demand or other positive pressure mode (e.g., open/closed 
circuit) self-contained breathing apparatus (SCBA) equipped with a hood 
or helmet or a full facepiece.
    (A) As an alternative to the respiratory requirements listed in 
paragraph (a)(2)(i) of this section, a manufacturer, importer, or 
processor may choose to follow the new chemical exposure limit (NCEL) 
provisions listed in the TSCA section 5(e) consent order for this 
substance. The NCEL is 0.32 milligram/cubic meter (mg/m\3\) as an 8-
hour time-weighted average. Persons who wish to pursue NCELs as an 
alternative to the Sec.  721.63 respirator requirements may request to 
do so under Sec.  721.30. Persons whose Sec.  721.30 requests to use 
the NCELs approach are approved by EPA will receive NCELs provisions 
comparable to those contained in the corresponding section 5(e) consent 
order.
    (B) [Reserved]
    (ii) Hazard communication program. Requirements as specified in 
Sec.  721.72 (a), (b), (c), (d), (e) (concentration set at 0.1 
percent), (f), and (g).
    (iii) Release to water. Requirements as specified in Sec.  721.90 
(a)(4), (b)(4), and (c)(4) (where N=5 and 5 is an aggregate of releases 
for the following substances: Distillates (lignocellulosic), C5-40 (PMN 
P-11-327; CAS No. 1267611-99-

[[Page 23192]]

3); paraffin waxes (lignocellulosic) hydrotreated, C5-40-branched, 
cyclic and linear (PMN P-11-328; CAS No. 1267611-06-2); naphtha 
(lignocellulosic), hydrotreated, C5-12-branched, cyclic and linear (PMN 
P-11-329; CAS No. 1267611-35-7); kerosene (lignocellulosic), 
hydrotreated, C8-16-branched, cyclic and linear (PMN P-11-330; CAS No. 
1267611-14-2); distillates (lignocellulosic), hydrotreated, C8-26-
branched, cyclic, and linear (PMN P-11-331; CAS No. 1267611-11-9); and 
residual oils (lignocellulosic), hydrotreated, C20-40-branched, cyclic, 
and linear (PMN P-11-332; CAS No. 1267611-71-1)).
    (b) Specific requirements. The provisions of subpart A of this part 
apply to this section except as modified by this paragraph.
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.  
721.125(a) through (h) and (k) are applicable to manufacturers, 
importers, and processors of this substance.
    (2) Limitations or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.
0
7. Add Sec.  721.10617 to subpart E to read as follows:

Sec.  721.10617  Residual oils (lignocellulosic), hydrotreated, C20-40-
branched, cyclic, and linear.

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified as residual oils 
(lignocellulosic), hydrotreated, C20-40-branched, cyclic, and linear 
(PMN P-11-332; CAS No. 1267611-71-1) is subject to reporting under this 
section for the significant new uses described in paragraph (a)(2) of 
this section.
    (2) The significant new uses are:
    (i) Protection in the workplace. Requirements as specified in Sec.  
721.63(a)(1), (a)(3), (a)(4), (a)(6), (b) (concentration set at 0.1 
percent), and (c). When determining which persons are reasonably likely 
to be exposed as required for Sec.  721.63(a)(1) and (a)(4), 
engineering control measures (e.g., enclosure or confinement of the 
operation, general and local ventilation) or administrative control 
measures (e.g., workplace policies and procedures) shall be considered 
and implemented to prevent exposure, where feasible. The following 
National Institute for Occupational Safety and Health (NIOSH)-certified 
respirators with an assigned protection factor (APF) of 10,000 meet the 
minimum requirements for Sec.  721.63(a)(4): Any NIOSH-certified 
pressure-demand or other positive pressure mode (e.g., open/closed 
circuit) self-contained breathing apparatus (SCBA) equipped with a hood 
or helmet or a full facepiece.
    (A) As an alternative to the respiratory requirements listed in 
paragraph (a)(2)(i) of this section, a manufacturer, importer, or 
processor may choose to follow the new chemical exposure limit (NCEL) 
provisions listed in the TSCA section 5(e) consent order for this 
substance. The NCEL is 0.32 milligram/cubic meter (mg/m\3\) as an 8-
hour time-weighted average. Persons who wish to pursue NCELs as an 
alternative to the Sec.  721.63 respirator requirements may request to 
do so under Sec.  721.30. Persons whose Sec.  721.30 requests to use 
the NCELs approach are approved by EPA will receive NCELs provisions 
comparable to those contained in the corresponding section 5(e) consent 
order.
    (B) [Reserved]
    (ii) Hazard communication program. Requirements as specified in 
Sec.  721.72(a), (b), (c), (d), (e) (concentration set at 0.1 percent), 
(f), and (g).
    (iii) Release to water. Requirements as specified in Sec.  
721.90(a)(4), (b)(4), and (c)(4) (where N=5 and 5 is an aggregate of 
releases for the following substances: Distillates (lignocellulosic), 
C5-40 (PMN P-11-327; CAS No. 1267611-99-3); paraffin waxes 
(lignocellulosic) hydrotreated, C5-40-branched, cyclic and linear (PMN 
P-11-328; CAS No. 1267611-06-2); naphtha (lignocellulosic), 
hydrotreated, C5-12-branched, cyclic and linear (PMN P-11-329; CAS No. 
1267611-35-7); kerosene (lignocellulosic), hydrotreated, C8-16-
branched, cyclic and linear (PMN P-11-330; CAS No. 1267611-14-2); 
distillates (lignocellulosic), hydrotreated, C8-26-branched, cyclic, 
and linear (PMN P-11-331; CAS No. 1267611-11-9); and residual oils 
(lignocellulosic), hydrotreated, C20-40-branched, cyclic, and linear 
(PMN P-11-332; CAS No. 1267611-71-1)).
    (b) Specific requirements. The provisions of subpart A of this part 
apply to this section except as modified by this paragraph.
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.  
721.125 (a) through (h) and (k) are applicable to manufacturers, 
importers, and processors of this substance.
    (2) Limitations or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.
0
8. Add Sec.  721.10623 to subpart E to read as follows:

Sec.  721.10623  Vinylidene ester (generic).

    (a) Chemical substances and significant new uses subject to 
reporting. (1) The chemical substances identified generically as 
vinylidene ester (PMNs P-12-298 and P-12-299) are subject to reporting 
under this section for the significant new uses described in paragraph 
(a)(2) of this section.
    (2) The significant new uses are:
    (i) Industrial, commercial, and consumer activities. Requirements 
as specified in Sec.  721.80(s) (20,000 kilograms of the aggregate of 
the two chemical substances).
    (ii) [Reserved]
    (b) Specific requirements. The provisions of subpart A of this part 
apply to this section except as modified by this paragraph.
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.  
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 Sec.  721.185 apply to this section.

[FR Doc. 2013-09155 Filed 4-17-13; 8:45 am]
BILLING CODE 6560-50-P
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