This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

66149 

Vol. 77, No. 213 

Friday, November 2, 2012 

POSTAL SERVICE 

39 CFR Part 111 

Retirement of FASTforward 

Technology 

AGENCY: Postal ServiceTM. 

ACTION: Final rule. 

SUMMARY: The Postal Service will revise 

the Mailing Standards of the United 

States Postal Service, Domestic Mail 

Manual (DMM®) 602.5.0 to terminate 

the use of FASTforwardTM technology as 

a Move Update option for commercial 

First-Class Mail®, First-Class Package 

ServiceTM, Standard Mail®, and Parcel 

Select Lightweight® mailings. 

DATES: Effective date: January 27, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Charles Hunt at 901–681–4651, or Bill 

Chatfield at 202–268–7278. 

SUPPLEMENTARY INFORMATION: On 

September 4, 2012, the Postal Service 

published a proposed rule in the 

Federal Register (77 FR 53830) to retire 

FASTforward technology. We received 

no formal comments on the proposal. 

Therefore, we will proceed as proposed. 

FASTforward, a licensed hardware/ 

software change-of-address system, was 

developed in 1996 to enable Multi-Line 

Optical Character Reader (MLOCR) 

users a means to meet the Move Update 

requirement for their commercial 

mailings. Using the best technology then 

available, most of the FASTforward 

‘‘black boxes’’ were 386/486 processors 

using secured cards and cabling 

operations. By 2009, many of the 

original black boxes were failing, and 

finding replacement parts became 

difficult. In February 2009, the USPSTM

announced its intention to retire the 

FASTforward system by the end of 

FY2012 and migrate the licensees to the 

newer more robust NCOALink® MPE 

(Mail Processing Equipment) licensed 

software system. In August 2011, the 

USPS established an ad hoc workgroup 

consisting of postal personnel, MLOCR 

manufacturers and mailers and 

representatives of the National 

Association of Presort Mailers (NAPM). 

The workgroup has resolved the issues 

to ensure a smooth migration from the 

antiquated FASTforward system to the 

newer NCOALink MPE system. 

The termination date for 

FASTforward will be January 27, 2013. 

Mailers may begin to use the NCOALink 

MPE system at any time as a method of 

meeting the Move Update standards. 

The Postal Service adopts the 

following changes to Mailing Standards 

of the United States Postal Service, 

Domestic Mail Manual (DMM), which is 

incorporated by reference in the Code of 

Federal Regulations. See 39 CFR 111.1. 

List of Subjects in 39 CFR Part 111 

Administrative practice and 

procedure, Postal Service. 

Accordingly, 39 CFR part 111 is 

amended as follows: 

PART 111—[AMENDED] 

■ 1. The authority citation for 39 CFR 

part 111 continues to read as follows: 

Authority: 5 U.S.C. 552(a); 13 U.S.C. 301– 

307; 18 U.S.C. 1692–1737; 39 U.S.C. 101, 

401, 403, 404, 414, 416, 3001–3011, 3201– 

3219, 3403–3406, 3621, 3622, 3626, 3632, 

3633, and 5001. 

■ 2. Revise the following sections of the 

Mailing Standards of the United States 

Postal Service, Domestic Mail Manual 

(DMM): 

Mailing Standards of the United States 

Postal Service, Domestic Mail Manual 

(DMM): 

* * * * * 

600 Basic Standards for All Mailing 

Services 

* * * * * 

602 Addressing 

* * * * * 

5.0 Move Update Standards 

* * * * * 

5.2 USPS-Approved Methods 

The following methods are authorized 

for meeting the Move Update standard: 

* * * * * 

[Revise item 5.2b as follows:] 

b. National Change of Address 

Linkage System (NCOALink). This 

includes both pre-mail NCOALink 

processing systems and the physical 

mailpiece processing equipment system: 

National Change of Address Linkage 

System Mail Processing Equipment 

(NCOALink MPE). See the NCOALink 

page (NCOALink MPE Solutions) on 

ribbs.usps.gov f or more information on 

the MPE application. 

[Delete item 5.2c in its entirety and 

redesignate current items 5.2d and 5.2e 

as new 5.2c and 5.2d respectively.] 

* * * * * 

We will publish an appropriate 

amendment to 39 CFR part 111 to reflect 

these changes. 

Stanley F. Mires, 

Attorney, Legal Policy and Legislative Advice. 

[FR Doc. 2012–26697 Filed 11–1–12; 8:45 am] 

BILLING CODE 7710–12–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 9 and 721 

[EPA–HQ–OPPT–2012–0740; FRL–9366–7] 

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 20 chemical substances 

which were the subject of 

premanufacture notices (PMNs). Eight of 

these chemical substances are subject to 

TSCA section 5(e) consent orders issued 

by EPA. This action requires persons 

who intend to manufacture, import, or 

process any of these 20 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 January 

2, 2013. For purposes of judicial review, 

this rule shall be promulgated at 1 p.m. 

(e.s.t.) on November 16, 2012. 

Written adverse or critical comments, 

or notice of intent to submit adverse or 


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critical comments, on one or more of 

these SNURs must be received on or 

before December 3, 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–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, 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 

the EPA visitor log. All visitor bags are 

processed through an X-ray machine 

and subject to search. Visitors will be 

provided an EPA/DC badge that must be 

visible at all times in the building and 

returned upon departure. 

FOR FURTHER INFORMATION CONTACT: For 

technical information contact: Kenneth 

Moss, Chemical Control Division 

(7405M), Office of Pollution Prevention 

and Toxics, Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW., 

Washington, DC 20460–0001; telephone 

number: (202) 564–9232; email address: 

moss.kenneth@epa.gov. 

For general information contact: The 

TSCA-Hotline, ABVI-Goodwill, 422 

South Clinton Ave., Rochester, NY 

14620; telephone number: (202) 554– 

1404; email address: TSCAHotline@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you manufacture, import, 

process, or use the chemical substances 

contained in this rule. The following list 

of North American Industrial 

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 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. 


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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 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 

SNUN requirements and EPA regulatory 

procedures as submitters of PMNs under 

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

these requirements include the 

information submission requirements of 

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

exemptions authorized by TSCA section 

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

regulations at 40 CFR part 720. Once 

EPA receives a SNUN, EPA may take 

regulatory action under TSCA section 

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

for which it has received the SNUN. If 

EPA does not take action, EPA is 

required under TSCA section 5(g) to 

explain in the Federal Register its 

reasons for not taking action. 

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 20 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 

20 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) 

Registry number (if assigned for nonconfidential 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). 

• 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 8 PMN substances 

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

orders 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. 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. 

Where EPA determined that the PMN 

substance may present an unreasonable 

risk of injury to human health via 

inhalation exposure, the underlying 

TSCA section 5(e) consent order usually 

requires, among other things, that 

potentially exposed employees wear 

specified respirators unless actual 

measurements of the workplace air 

show that air-borne concentrations of 

the PMN substance are below a New 

Chemical Exposure Limit (NCEL) that is 

established by EPA to provide adequate 

protection to human health. In addition 

to the actual NCEL concentration, the 

comprehensive NCELs provisions in 

TSCA section 5(e) consent orders, 

which are modeled after Occupational 

Safety and Health Administration 

(OSHA) Permissible Exposure Limits 

(PELs) provisions, include requirements 


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addressing performance criteria for 

sampling and analytical methods, 

periodic monitoring, respiratory 

protection, and recordkeeping. 

However, no comparable NCEL 

provisions currently exist in 40 CFR 

part 721, subpart B, for SNURs. 

Therefore, for these cases, the 

individual SNURs in 40 CFR part 721, 

subpart E, will state that persons subject 

to the SNUR who wish to pursue NCELs 

as an alternative to the § 721.63 

respirator requirements may request to 

do so under § 721.30. EPA expects that 

persons whose § 721.30 requests to use 

the NCELs approach for SNURs are 

approved by EPA will be required to 

comply with NCELs provisions that are 

comparable to those contained in the 

corresponding TSCA section 5(e) 

consent order for the same chemical 

substance. 

This rule also includes SNURs on 12 

PMN substances 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-section 5(e) 

SNURs’’ are promulgated pursuant to 

§ 721.170. EPA has determined that 

every activity designated as a 

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

5(e) SNURs issued under § 721.170 

satisfies the two requirements stipulated 

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

new use activities, ‘‘(i) are different from 

those described in the premanufacture 

notice for the substance, including any 

amendments, deletions, and additions 

of activities to the premanufacture 

notice, and (ii) may be accompanied by 

changes in exposure or release levels 

that are significant in relation to the 

health or environmental concerns 

identified’’ for the PMN substance. 

PMN Number P–11–135 

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

oxodecyl)oxy]-. 

CAS number: 86960–46–5. 

Basis for action: The PMN states that 

the generic (non-confidential) use of the 

substance is as a cleaning enhancer 

additive for laundry and automatic dishwashing products. Based on test data on 

the PMN substance, and ecological 

structural activity relationship (EcoSAR) 

analysis of test data on analogous esters, 

EPA predicts toxicity to aquatic 

organisms may occur at concentrations 

that exceed 18 ppb of the PMN 

substance 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 

substance to surface water exceed 

releases from the use described in the 

PMN. For the use described in the PMN, 

environmental releases did not exceed 

18 ppb for more than 20 days per year. 

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 domestic 

manufacture or use of the substance 

other than as described in the PMN 

could result in exposures which 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 (Office of 

Pollution Prevention and Toxic 

Substances (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. Due to low water solubility, 

EPA also recommends that the special 

considerations for conducting aquatic 

laboratory studies (OPPTS Test 

Guideline 850.1000) be followed to 

facilitate solubility in the test media. 

CFR citation: 40 CFR 721.10611. 

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 (P11–327); 

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 ppb. The PMNs’ new 

chemical exposure limit (NCEL) is 0.32 

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

hour time-weighted average. In 

addition, based on EcoSAR analysis of 

test data on analogous neutral organics, 

EPA predicts toxicity to aquatic 

organisms may occur at concentrations 

that exceed 82 ppb for P–11–329 and P– 

11–331, and 180 ppb for 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 

(NIOSH)-certified respirator with an 

assigned protection factor (APF) of at 

least 10,000, or compliance with a NCEL 

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

potential inhalation exposure. 

2. No use of the substances resulting 

in surface water concentrations 

exceeding 5 ppb of the combination of 

these PMN substances. 

3. Establishment and use of a hazard 

communication program. 

The SNUR designates as a ‘‘significant 

new use’’ the absence of these protective 

measures. 

Recommended testing: EPA has 

determined that a combined chronic 

toxicity/carcinogenicity test (OPPTS 

Test Guideline 870.4300); a daphnid 

chronic toxicity test (OPPTS Test 

Guideline 850.1300); and fish early-life 

stage toxicity test (OPPTS Test 


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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– 

11–237); 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 Number P–11–607 

Chemical name: Polyaromatic 

Organophosphorus Compound 

(generic). 

CAS number: Not available. 

Effective date of TSCA section 5(e) 

consent order: July 11, 2012. 

Basis for TSCA section 5(e) consent 

order: The PMN states that the generic 

(non-confidential) use of the substance 

will be as an additive flame retardant 

(open, non-dispersive use). Based on 

test data on the PMN substance itself, 

EPA expects the PMN substance to 

hydrolyze under neutral and basic 

conditions. EPA does not expect 

significant human health concerns from 

the intact chemical, but there is 

uncertainty regarding the hydrolysis 

products. Based on test data on 

structurally similar phosphinate esters 

and submitted algae data on the PMN 

substance itself, EPA expects toxicity to 

aquatic organisms to occur at 

concentrations that exceed 6 ppb. The 

consent order was issued under TSCA 

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

and 5(e)(1)(A)(ii)(II) based on findings 

that uncontrolled manufacture, import, 

processing, distribution in commerce, 

use, and disposal of the PMN substance 

may present an unreasonable risk of 

injury to the environment, the substance 

may be produced in substantial 

quantities, may reasonably be 

anticipated to enter the environment in 

substantial quantities, and there may be 

significant (or substantial) human 

exposure to the substance and its 

potential degradation products. To 

protect against these risks the consent 

order requires: 

1. Use of the substance only as 

described in the PMN. 

2. Establishment and use of a hazard 

communication program. 

3. No use of the substance that results 

in releases to surface water. 

Recommended testing: EPA has 

determined that certain testing would 

help characterize the fate, 

environmental and human health effects 

of the PMN substance. The consent 

order contains two production limits. 

The PMN submitter has agreed not to 

exceed the first production volume limit 

without performing: A daphnid chronic 

toxicity test (OPPTS Test Guideline 

850.1300); fish early-life stage toxicity 

test (OPPTS Test Guideline 850.1400); a 

washing machine study at basic pH 

based on the International Organization 

for Standardization (ISO) color fastness 

test to ascertain release rates with 

analytics to identify hydrolysis products 

(ISO 105); an inherent biodegradability 

test (OPPTS Test Guideline 835.3215); 

and a hydrolysis as a function of pH and 

temperature test (OPPTS Test Guideline 

835.2130). If the results of the first tier 

of testing demonstrate that the PMN 

substance may cause adverse effects to 

humans or the environment, the PMN 

submitter has agreed to not exceed a 

production limit before conducting 

additional testing to ascertain whether 

those releases from representative enduse articles are in sufficient quantities to 

pose a significant risk. 

EPA has also determined that a 

prenatal developmental toxicity study 

(OPPTS Test Guideline 870.3700 or 

OECD 414) using oral (gavage) in the rat 

would help characterize the human 

health effects of the PMN substance. 

The order does not require the 

submission of the prenatal 

developmental toxicity study at any 

specified time or production volume. 

However, the order’s restrictions on 

manufacture, import, processing, 

distribution in commerce, use, and 

disposal of the PMN substance will 

remain in effect until the order is 

modified or revoked by EPA based on 

submission of that or other relevant 

information. 

CFR citation: 40 CFR 721.10618. 

PMN Number P–11–653 

Chemical name: Perfluoroalkylethyl 

methacrylate copolymer (generic). 

CAS number: Not available. 

Effective date of TSCA section 5(e) 

consent order: July 12, 2012. 

Basis for TSCA section 5(e) consent 

order: The PMN states that the generic 

(non-confidential) use of the substance 

will be as a water and oil repellant. EPA 

has concerns for the formation of 

potential incineration or other 

decomposition products from the PMN 

substance. These perfluorinated 

products may be released to the 

environment from incomplete 

incineration of the PMN substance at 

low temperatures. EPA has preliminary 

evidence, including data on some 

fluorinated polymers, suggesting that, 

under some conditions, the PMN 

substance could degrade in the 

environment. EPA has concerns that 

these degradation products will persist 

in the environment, could 

bioaccumulate or biomagnify, and could 

be toxic to people, wild mammals, and 

birds. These concerns are based on data 

on analog chemicals, including 

perfluorooctanoic acid (PFOA) and 

other perfluorinated carboxylates, such 

as the presumed environmental 

degradant of the PMN substance, 

perfluorohexanoic acid (PFHxA). There 

is pharmacokinetic and toxicological 

data in animals on PFOA, as well as 

epidemiological and blood monitoring 

data in humans. Toxicity studies on 

PFOA indicate developmental, 

reproductive, and systemic toxicity in 

various species, as well as cancer. These 

factors, taken together, raise concerns 

for potential adverse chronic effects 

from the presumed degradation product 

in humans and wildlife. The consent 

order was issued under TSCA sections 

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

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

this substance may present an 

unreasonable risk of injury to human 

health and the environment, the 

substance may be produced in 

substantial quantities and may 

reasonably be anticipated to enter the 

environment in substantial quantities, 

and there may be significant (or 

substantial) human exposure to the 

substance and its potential degradation 

products. To protect against these risks, 

the consent order requires risk 

notification. If the Company becomes 

aware that the PMN substance may 

present a risk of injury to human health 

or the environment, the Company must 

incorporate this new information, and 

any information on methods for 

protecting against such risk into a 

MSDS, within 90 days. The SNUR 

designates as a ‘‘significant new use’’ 

the absence of this protective measure. 

Recommended testing: EPA has 

determined that the results of certain 

fate testing identified in the consent 

order would help characterize possible 

effects of the substance and its 

degradation products. The PMN 

submitter has agreed not to manufacture 

or import the PMN substance after 

September 30, 2014, without performing 

a modified semi-continuous activated 

sludge (SCAS) test (OPPTS Test 

Guideline 835.5045 or OECD Test 

Guideline 302A); a UV/visible 

absorption test (OPPTS Test Guideline 

830.7050); direct photolysis rate in 

water by sunlight test (OPPTS Test 

Guideline 835.2210); a hydrolysis as a 

function of pH and temperature test 


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(OPPTS Test Guideline 835.2130 or 

OECD Test Guideline 111); an indirect 

photolysis screening test: sunlight 

photolysis in waters containing 

dissolved humic substances (OPPTS 

Test Guideline 835.5270); a photolysis 

on soils study using the 

phototransformation of chemicals on 

soil surfaces OECD Test Guideline 2005 

Draft (located in the docket under 

docket ID number EPA–HQ–OPPT– 

2012–0740); aerobic and anaerobic 

transformation in aquatic sediment 

systems (OECD Test Guideline 308); and 

an anaerobic biodegradability of organic 

compounds in digested sludge by 

measurement of gas production test 

(OECD Test Guideline 311). These tests 

are further detailed in the consent order. 

EPA has determined if the substance 

was to be sprayed by commercial or 

consumer applicants, that the results of 

a 90-day inhalation toxicity test (OPPTS 

Test Guideline 870.3465) in rats with a 

60-day holding period would help 

characterize possible effects of the 

substance and its degradation products. 

The consent order does not require 

submission of the inhalation testing at 

any specified time or production 

volume. However, the consent order’s 

restrictions on manufacture, import, 

processing, distribution in commerce, 

use, and disposal of the PMN will 

remain in effect until the consent order 

is modified or revoked by EPA based on 

submission of that or other relevant 

information. 

CFR citation: 40 CFR 721.10619. 

PMN Number P–12–191 

Chemical name: Oxirane, 2,2′- 

(phenylene)bis-. 

CAS number: 30424–08–9. 

Basis for action: The PMN states that 

the generic (non-confidential) use of the 

substance is as a component of 

adhesives and composites. Based on 

structural activity relationship (SAR) of 

test data on analogous epoxides, EPA 

identified developmental and male 

reproductive toxicity and cancer 

concerns to workers exposed to the 

PMN substance via the inhalation route. 

In addition, based on EcoSAR analysis 

of test data on analogous epoxides, EPA 

predicts toxicity to aquatic organisms 

may occur at concentrations that exceed 

10 ppb of the PMN substance in surface 

waters. As described in the PMN, 

significant inhalation exposures are not 

expected due to low vapor pressure 

when the substance is distributed with 

less than or equal to 5 percent 

impurities, and releases of the substance 

are not expected to result in surface 

water concentrations that exceed 10 

ppb. 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 

distribution of the substance with 

greater than 5 percent impurities, or any 

use of the substance resulting in surface 

water concentrations exceeding 10 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 ready 

biodegradability test (OPPTS Test 

Guideline 835.3110); a combined 

repeated-dose toxicity study with the 

reproduction/developmental toxicity 

screening test (OECD Test Guideline 

422) via the inhalation route in rats; a 

carcinogenicity study (OECD Test 

Guideline 451); 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 

human health and environmental effects 

of the PMN substance. 

CFR citation: 40 CFR 721.10620. 

PMN Number P–12–196 

Chemical name: Distillation bottoms, 

alkylated benzene by-product (generic). 

CAS number: Not available. 

Basis for action: The PMN states that 

the generic (non confidential) use of the 

substance is for bromine recovery. 

Based on test data on the PMN 

substance and 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, releases of 

the substance are not expected to result 

in surface water concentrations that 

exceed 1 ppb. 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 

(Office of Chemical Safety and Pollution 

Prevention (OCSPP) Test Guidelines 

850.4500) would help characterize the 

environmental effects of the PMN 

substance. EPA also recommends that 

the special considerations for 

conducting aquatic laboratory studies 

(OPPTS Test Guideline 850.1000) be 

followed to facilitate solubility in the 

test media, because of the PMN’s low 

water solubility. 

CFR citation: 40 CFR 721.10621. 

PMN Number P–12–285 

Chemical name: Copper(2+), 

tetraammine-, chloride (1:2). 

CAS number: 10534–87–9. 

Basis for action: The PMN states that 

the generic (non confidential) uses of 

the substance are as a raw material for 

production of copper chemicals and as 

a raw material for the production of 

animal feed micronutrients. Based on 

test data on the PMN substance and 

EcoSAR analysis of test data on 

analogous inorganic copper complexes, 

EPA predicts toxicity to aquatic 

organisms may occur at concentrations 

that exceed 3 ppb of the PMN substance 

in surface waters. As described in the 

PMN, releases of the substance are not 

expected to result in surface water 

concentrations that exceed 3 ppb. 

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 3 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 BCF 

Test (OPPTS Test Guideline 850.1730) 

would help characterize the 

environmental effects of the PMN 

substance. 

CFR citation: 40 CFR 721.10622. 

PMN Numbers P–12–298 and P–12–299 

Chemical name: Vinylidene ester 

(generic). 

CAS number: Not available. 

Basis for action: The PMN states that 

the substance will be used as an 

adhesive. 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 substance 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 substance to surface water 


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Federal Register / Vol. 77, No. 213 / Friday, November 2, 2012 / Rules and Regulations 66155 

exceed releases from the use described 

in the PMN. For the use described in the 

PMN, environmental releases did not 

exceed 7 ppb for more than 20 days per 

year. if releases of the PMN substances 

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 

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 

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 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. 

PMN Number P–12–326 

Chemical name: 

Dicyclohexylmethane-4,4′-diisocyanate, 

polymer with ethoxylated, propoxylated 

polyethers (generic). 

CAS number: Not available. 

Basis for action: The PMN states that 

the generic (non-confidential) use of the 

substance will be as part of 2- 

component reactive polyurethane 

adhesive resin. Based on analogous 

diisocyanate substances, EPA identified 

concerns for potential dermal and 

respiratory sensitization from dermal 

and inhalation exposures, and for 

pulmonary toxicity from inhalation 

exposure to the PMN substance. 

Specifically, the Agency expects 

potential toxicity to workers from 

dermal or inhalation exposure to the 

PMN substance when the molecular 

weight is less than 1000 daltons. For the 

uses described in the PMN and due to 

the use of personal protective 

equipment, significant worker exposure 

to the PMN substance where the 

molecular weight is less than 1000 

daltons is unlikely, as dermal and 

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 the 

manufacture, processing, or use of the 

substance where the molecular weight is 

less than 1000 daltons 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 a 90-day 

inhalation toxicity test (OPPTS Test 

Guideline 870.3465) and a skin 

sensitization test (OPPTS Test Guideline 

870.2600) would help characterize the 

human health effects of the PMN 

substance. 

CFR citation: 40 CFR 721.10624. 

PMN Numbers P–12–332 and P–12–333 

Chemical name: Distillation bottoms, 

alkylated benzene by-product, 

brominated and bromo diphenyl alkane. 

CAS number: Not available. 

Basis for action: The PMNs state that 

the PMN substances will be used as a 

feed for a bromine recovery unit. Based 

on test data on analogous chemical 

substances, the Agency identified 

concerns for liver toxicity and the 

potential for other human health risks 

due to the possible formation of dioxins 

and furans. These concerns are for 

workers exposed to the PMN substances 

by the inhalation and dermal routes. For 

the uses described in the PMNs and due 

to the use of personal protective 

equipment, significant worker exposure 

is unlikely, as dermal and inhalation 

exposure is not expected. 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 use of the substances 

other than as described in the PMNs 

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 90-day 

oral toxicity in rodents test (OPPTS Test 

Guideline 870.3100) and either a 

determination of polychlorinated 

dibenzo-p-dioxins and polychlorinated 

dibenzofurans from stationary sources 

study (EPA Method 23); or a 

polychlorinated dibenzo-p-dioxins 

(PCDDs) and polychlorinated 

dibenzofurans (PCDFs) by high 

resolution gas chromatography/high 

resolution mass spectrometry (HRGC/ 

HRMS) study (EPA Method 8290A); or 

a same-sample determination of 

ultratrace levels of 

polybromodiphenylethers, 

polybromodibenzo-p-dioxins/furans, 

and polychlorodibenzo-p-dioxins/furans 

from combustion flue gas study 

(Wyrzykowska, B., Tabor, D., and 

Gullett, B. Anal. Chem., 2009, 81 (11), 

4334–4342.) on each of the PMN 

substances would help characterize the 

human health effects of the PMN 

substances. 

CFR citation: 40 CFR 721.10625. 

PMN Number P–12–373 

Chemical name: 1,4-Butanediol, 

polymer with substituted alkane and 

substituted methylene 

biscarbomonocycle, 2-hydroxyalkyl 

acrylate-blocked (generic). 

CAS number: Not available. 

Basis for action: The PMN states that 

the generic (non-confidential) use of the 

substance will be as an abrasion 

resistant, formable dual-cure lacquer for 

screen printing. Based on test data on 

analogous acrylates and isocyanates, 

EPA identified concerns for respiratory 

and dermal sensitization and irritation 

to workers from exposure to the PMN 

substance. Additionally, the Agency 

identified low to moderate concern for 

mutagenicity, oncogenicity, and 

developmental toxicity for the low 

molecular weight acrylates. For the uses 

described in the PMNs significant 

worker exposure is unlikely because 

there are no applications generating a 

vapor, mist or aerosol, and there are no 

consumer exposures. Therefore, EPA 

has not determined that the proposed 

manufacturing, processing, or use of 

these substances may present an 

unreasonable risk. EPA has determined, 

however, that any use of the substance 

in consumer products; or any use of the 

substance involving an application 

method that generates a vapor, mist, or 

aerosol may cause serious health effects. 

For the uses described in the PMN and 

due to the use of personal protective 

equipment, significant worker exposure 

is unlikely, as dermal and 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 or in spray 

applications 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 a 90-day inhalation 

toxicity test (OPPTS Test Guideline 

870.3465) and a skin sensitization test 

(OPPTS Test Guideline 870.2600) would 

help characterize the human health 

effects of the PMN substance. 

CFR citation: 40 CFR 721.10626. 


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PMN Number P–12–430 

Chemical name: Yttrium borate 

phosphate vanadate with europium and 

additional dopants (generic). 

CAS number: Not available. 

Basis for action: The PMN states that 

the generic (non-confidential) use of the 

PMN substance will be as a coating for 

the interior surface of glass lamps. 

Based on test data on analogous 

chemical substances, EPA identified 

health concerns for lung effects if the 

poorly soluble, respirable particles are 

inhaled. Additionally, due to the 

crystalline structure of the PMN 

substance, the Agency identified 

concern for oncogenicity if the PMN 

substance was inhaled. These concerns 

are for workers exposed to the PMN 

substance by inhalation. For the use 

described in the PMN and at the 

production volume stated in the PMN, 

significant worker 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 PMN substance other than as 

described in the PMN or use exceeding 

the annual manufacture or import 

volume stated in the PMN may result in 

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 a 90-day inhalation 

toxicity test (OPPTS Test Guideline 

870.3465) would help characterize the 

health effects of the PMN substance. 

CFR citation: 40 CFR 721.10627. 

PMN Number P–12–432 

Chemical name: Mixed metal oxalate 

(generic). 

CAS number: Not available. 

Basis for action: The PMN states that 

the generic (non-confidential) use of the 

PMN substance will be as an 

intermediate precipitate used to 

produce phosphors. Based on test data 

on analogous chemical substances, EPA 

identified health concerns for lung 

effects if the poorly soluble, respirable 

particles are inhaled. Additionally, due 

to the crystalline structure of the PMN 

substance, the Agency identified 

concern for oncogenicity if the PMN 

substance was inhaled. These concerns 

are for workers exposed to the PMN 

substance by inhalation. For the use 

described in the PMN and at the 

production volume stated in the PMN, 

significant worker 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 PMN substance other than as 

described in the PMN or use exceeding 

the annual manufacture or import 

volume stated in the PMN may result in 

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 a 90-day inhalation 

toxicity test (OPPTS Test Guideline 

870.3465) would help characterize the 

health effects of the PMN substance. 

CFR citation: 40 CFR 721.10628. 

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 8 of the 20 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 12 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 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. 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 January 2, 2013 without 

further notice, unless EPA receives 

written adverse or critical comments, or 

notice of intent to submit adverse or 

critical comments before December 3, 

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 

December 3, 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, November 2, 

2012. 

To establish a significant ‘‘new’’ use, 

EPA must determine that the use is not 

ongoing. The chemical substances 


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subject to this rule have undergone 

premanufacture review. TSCA section 

5(e) consent orders have been issued for 

8 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, 11 of the 20 chemical 

substances contained in this rule have 

CBI chemical identities, and since EPA 

has received a limited number of postPMN 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 

notification 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 

notification requirements and wait until 

the notice review period, including any 

extensions, expires. 

EPA has promulgated provisions to 

allow persons to comply with this 

SNUR before the effective date. If a 

person meets the conditions of advance 

compliance under § 721.45(h), the 

person is considered exempt from the 

requirements of the SNUR. 

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 OCSPP and 

OPPTS test guidelines referenced in this 

document electronically, please go to 

http://www.epa.gov/ocspp and select 

‘‘Test Methods and Guidelines’’ or for 

guidelines not currently available on the 

Web site, EPA has placed a copy of that 

guideline in the public docket. The 

Organization for Economic Co-operation 

and Development (OECD) test 

guidelines are available from the OECD 

Bookshop at http:// 

www.oecdbookshop.org or SourceOECD 

at http://www.sourceoecd.org. To access 

EPA Method 23 and Method 8290A, 

please go to http://www.epa.gov/ttn/ 

emc/methods/method23.html and 

http://www.epa.gov/osw/hazard/ 

testmethods/sw846/pdfs/8290a.pdf. To 

access the International Organization for 

Standardization (ISO) standard, ISO 

105, please go to http://www.ihs.com/ 

products/industry-standards/org/iso/ 

list/page9.aspx. 

In the TSCA section 5(e) consent 

orders for several 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 


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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. 

X. SNUN Submissions 

According to § 721.1(c), persons 

submitting a SNUN must comply with 

the same notification 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–2012–0740. 

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 and, in some 

cases, 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 (PRA) 

According to 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 (RAF) 

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 

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 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: 

• A significant number of SNUNs 

would not be submitted by small 

entities in response to the SNUR. 

• Submission of the SNUN would not 

cost any small entity significantly more 

than $8,300. 

Therefore, the promulgation of the 

SNUR would not have a significant 

economic impact on a substantial 

number of small entities. 

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 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 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 will not have a substantial 

direct effect on States, on the 


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Federal Register / Vol. 77, No. 213 / Friday, November 2, 2012 / Rules and Regulations 66159 

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, 

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) 

This action does not involve any 

technical standards, so NTTAA 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). 

XIV. Congressional Review Act 

Pursuant to the Congressional Review 

Act (5 U.S.C. 801 et seq.), 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 action 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: October 22, 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. In § 9.1, add 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 

* * * * * 

721.10611 ..................... 2070–0012 

721.10612 ..................... 2070–0012 

721.10613 ..................... 2070–0012 

721.10614 ..................... 2070–0012 

721.10615 ..................... 2070–0012 

721.10616 ..................... 2070–0012 

721.10617 ..................... 2070–0012 

721.10618 ..................... 2070–0012 

40 CFR citation OMB control No. 

721.10619 ..................... 2070–0012 

721.10620 ..................... 2070–0012 

721.10621 ..................... 2070–0012 

721.10622 ..................... 2070–0012 

721.10623 ..................... 2070–0012 

721.10624 ..................... 2070–0012 

721.10625 ..................... 2070–0012 

721.10626 ..................... 2070–0012 

721.10627 ..................... 2070–0012 

721.10628 ..................... 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 § 721.10611 to subpart E to 

read as follows: 

§ 721.10611 Benzoic acid, 4-[(1- 

oxodecyl)oxy]-. 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substance identified as 

benzoic acid, 4-[(1-oxodecyl)oxy]- (PMN 

P–11–135, CAS No. 86960–46–5) 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(f) and (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 § 721.10612 to subpart E to 

read as follows: 

§ 721.10612 Distillates (lignocellulosic), 

C5–40. 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substance identified as 

distillates (lignocellulosic), C5–40 (PMN 

P–11–327, CAS No. 1267611–99–3) is 

subject to reporting under this section 

for the significant new uses described in 

paragraph (a)(2) of this section. 


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(2) The significant new uses are: 

(i) Protection in the workplace. 

Requirements as specified in 

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

(b)(concentration set at 0.1 percent), and 

(c). The following NIOSH-approved 

respirators with an APF of 10,000 meet 

the minimum requirements for 

§ 721.63(a)(4): Any NIOSH-certified 

pressure-demand or other positive 

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

self-contained breathing apparatus 

(SCBA) equipped with a hood or helmet 

or a full facepiece. 

(A) As an alternative to the respiratory 

requirements listed in paragraph 

(a)(2)(i), a manufacturer, importer, or 

processor may choose to follow the new 

chemical exposure limit (NCEL) 

provisions listed in the TSCA section 

5(e) consent order for this substance. 

The NCEL is 0.32 milligram/cubic meter 

(mg/m3) as an 8-hour time-weighted 

average. Persons who wish to pursue 

NCELs as an alternative to the § 721.63 

respirator requirements may request to 

do so under § 721.30. Persons whose 

§ 721.30 requests to use the NCELs 

approach are approved by EPA will 

receive NCELs provisions comparable to 

those contained in the corresponding 

section 5(e) consent order. 

(B) [Reserved] 

(ii) Hazard communication program. 

Requirements as specified in 

§ 721.72(a), (b), (c), (d), (e)(concentration 

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

(iii) Release to water. Requirements as 

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

(c)(4) (Where N=5, and 5 is an aggregate 

of releases for the following substances: 

distillates (lignocellulosic), C5–40 (PMN 

P–11–327, CAS No. 1267611–99–3); 

paraffin waxes (lignocellulosic) 

hydrotreated, C5–40—branched, cyclic 

and linear (PMN P–11–328, CAS No. 

1267611–06–2); naphtha 

(lignocellulosic), hydrotreated, C5–12- 

branched, cyclic and linear (PMN P–11– 

329, CAS No. 1267611–35–7); kerosene 

(lignocellulosic), hydrotreated, C8–16- 

branched, cyclic and linear (PMN P–11– 

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

(lignocellulosic), hydrotreated, C8–26— 

branched, cyclic, and linear (PMN P– 

11–331, CAS No. 1267611–11–9); and 

residual oils (lignocellulosic), 

hydrotreated, C20–40- branched, cyclic, 

and linear (PMN P–11–332, CAS No. 

1267611–71–1)). 

(b) Specific requirements. The 

provisions of subpart A of this part 

apply to this section except as modified 

by this paragraph. 

(1) Recordkeeping. Recordkeeping 

requirements as specified in 

§ 721.125(a) through (h) and (k) are 

applicable to manufacturers, importers, 

and processors of this substance. 

(2) Limitations or revocation of 

certain notification requirements. The 

provisions of § 721.185 apply to this 

section. 

■ 6. Add § 721.10613 to subpart E to 

read as follows: 

§ 721.10613 Paraffin waxes 

(lignocellulosic) hydrotreated, C5–40— 

branched, cyclic and linear. 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substance identified as 

paraffin waxes (lignocellulosic) 

hydrotreated, C5–40—branched, cyclic 

and linear (PMN P–11–328, CAS No. 

1267611–06–2) is subject to reporting 

under this section for the significant 

new uses described in paragraph (a)(2) 

of this section. 

(2) The significant new uses are: 

(i) Protection in the workplace. 

Requirements as specified in § 721.63 

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

(concentration set at 0.1 percent), and 

(c). The following NIOSH-approved 

respirators with an APF of 10,000 meet 

the minimum requirements for 

§ 721.63(a)(4): Any NIOSH-certified 

pressure-demand or other positive 

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

self-contained breathing apparatus 

(SCBA) equipped with a hood or helmet 

or a full facepiece. 

(A) As an alternative to the respiratory 

requirements listed in paragraph 

(a)(2)(i), a manufacturer, importer, or 

processor may choose to follow the new 

chemical exposure limit (NCEL) 

provisions listed in the TSCA section 

5(e) consent order for this substance. 

The NCEL is 0.32 milligram/cubic meter 

(mg/m3) as an 8-hour time-weighted 

average. Persons who wish to pursue 

NCELs as an alternative to the § 721.63 

respirator requirements may request to 

do so under § 721.30. Persons whose 

§ 721.30 requests to use the NCELs 

approach are approved by EPA will 

receive NCELs provisions comparable to 

those contained in the corresponding 

section 5(e) consent order. 

(B) [Reserved] 

(ii) Hazard communication program. 

Requirements as specified in 

§ 721.72(a), (b), (c), (d), (e)(concentration 

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

(iii) Release to water. Requirements as 

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

(c)(4) (Where N=5, and 5 is an aggregate 

of releases for the following substances: 

distillates (lignocellulosic), C5–40 (PMN 

P–11–327, CAS No. 1267611–99–3); 

paraffin waxes (lignocellulosic) 

hydrotreated, C5–40—branched, cyclic 

and linear (PMN P–11–328, CAS No. 

1267611–06–2); naphtha 

(lignocellulosic), hydrotreated, C5–12- 

branched, cyclic and linear (PMN P–11– 

329, CAS No. 1267611–35–7); kerosene 

(lignocellulosic), hydrotreated, C8–16- 

branched, cyclic and linear (PMN P–11– 

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

(lignocellulosic), hydrotreated, C8–26— 

branched, cyclic, and linear (PMN P– 

11–331, CAS No. 1267611–11–9); and 

residual oils (lignocellulosic), 

hydrotreated, C20–40- branched, cyclic, 

and linear (PMN P–11–332, CAS No. 

1267611–71–1)). 

(b) Specific requirements. The 

provisions of subpart A of this part 

apply to this section except as modified 

by this paragraph. 

(1) Recordkeeping. Recordkeeping 

requirements as specified in 

§ 721.125(a) through (h) and (k) are 

applicable to manufacturers, importers, 

and processors of this substance. 

(2) Limitations or revocation of 

certain notification requirements. The 

provisions of § 721.185 apply to this 

section. 

■ 7. Add § 721.10614 to subpart E to 

read as follows: 

§ 721.10614 Naphtha (lignocellulosic), 

hydrotreated, C5–12-branched, cyclic and 

linear. 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substance identified as 

naphtha (lignocellulosic), hydrotreated, 

C5–12-branched, cyclic and linear (PMN 

P–11–329, CAS No. 1267611–35–7) is 

subject to reporting under this section 

for the significant new uses described in 

paragraph (a)(2) of this section. 

(2) The significant new uses are: 

(i) Protection in the workplace. 

Requirements as specified in 

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

(concentration set at 0.1 percent), and 

(c). The following NIOSH-approved 

respirators with an APF of 10,000 meet 

the minimum requirements for 

§ 721.63(a)(4): Any NIOSH-certified 

pressure-demand or other positive 

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

self-contained breathing apparatus 

(SCBA) equipped with a hood or helmet 

or a full facepiece. 

(A) As an alternative to the respiratory 

requirements listed in paragraph 

(a)(2)(i), a manufacturer, importer, or 

processor may choose to follow the new 

chemical exposure limit (NCEL) 

provisions listed in the TSCA section 

5(e) consent order for this substance. 

The NCEL is 0.32 milligram/cubic meter 

(mg/m3) as an 8-hour time-weighted 

average. Persons who wish to pursue 

NCELs as an alternative to the § 721.63 

respirator requirements may request to 

do so under § 721.30. Persons whose 

§ 721.30 requests to use the NCELs 

approach are approved by EPA will 

receive NCELs provisions comparable to 


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those contained in the corresponding 

section 5(e) consent order. 

(B) [Reserved] 

(ii) Hazard communication program. 

Requirements as specified in 

§ 721.72(a), (b), (c), (d), (e)(concentration 

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

(iii) Release to water. Requirements as 

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

(c)(4) (Where N=5, and 5 is an aggregate 

of releases for the following substances: 

distillates (lignocellulosic), C5–40 (PMN 

P–11–327, CAS No. 1267611–99–3); 

paraffin waxes (lignocellulosic) 

hydrotreated, C5–40—branched, cyclic 

and linear (PMN P–11–328, CAS No. 

1267611–06–2); naphtha 

(lignocellulosic), hydrotreated, C5–12- 

branched, cyclic and linear (PMN P–11– 

329, CAS No. 1267611–35–7); kerosene 

(lignocellulosic), hydrotreated, C8–16- 

branched, cyclic and linear (PMN P–11– 

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

(lignocellulosic), hydrotreated, C8–26— 

branched, cyclic, and linear (PMN P– 

11–331, CAS No. 1267611–11–9); and 

residual oils (lignocellulosic), 

hydrotreated, C20–40- branched, cyclic, 

and linear (PMN P–11–332, CAS No. 

1267611–71–1)). 

(b) Specific requirements. The 

provisions of subpart A of this part 

apply to this section except as modified 

by this paragraph. 

(1) Recordkeeping. Recordkeeping 

requirements as specified in 

§ 721.125(a) through (h) and (k) are 

applicable to manufacturers, importers, 

and processors of this substance. 

(2) Limitations or revocation of 

certain notification requirements. The 

provisions of § 721.185 apply to this 

section. 

■ 8. Add § 721.10615 to subpart E to 

read as follows: 

§ 721.10615 Kerosene (lignocellulosic), 

hydrotreated, C8–16-branched, cyclic and 

linear. 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substance identified as 

kerosene (lignocellulosic), hydrotreated, 

C8–16-branched, cyclic and linear (PMN 

P–11–330, CAS No. 1267611–14–2) is 

subject to reporting under this section 

for the significant new uses described in 

paragraph (a)(2) of this section. 

(2) The significant new uses are: 

(i) Protection in the workplace. 

Requirements as specified in 

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

(concentration set at 0.1 percent), and 

(c). The following NIOSH-approved 

respirators with an APF of 10,000 meet 

the minimum requirements for 

§ 721.63(a)(4): Any NIOSH-certified 

pressure-demand or other positive 

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

self-contained breathing apparatus 

(SCBA) equipped with a hood or helmet 

or a full facepiece. 

(A) As an alternative to the respiratory 

requirements listed in paragraph 

(a)(2)(i), a manufacturer, importer, or 

processor may choose to follow the new 

chemical exposure limit (NCEL) 

provisions listed in the TSCA section 

5(e) consent order for this substance. 

The NCEL is 0.32 milligram/cubic meter 

(mg/m3) as an 8-hour time-weighted 

average. Persons who wish to pursue 

NCELs as an alternative to the § 721.63 

respirator requirements may request to 

do so under § 721.30. Persons whose 

§ 721.30 requests to use the NCELs 

approach are approved by EPA will 

receive NCELs provisions comparable to 

those contained in the corresponding 

section 5(e) consent order. 

(B) [Reserved] 

(ii) Hazard communication program. 

Requirements as specified in 

§ 721.72(a), (b), (c), (d), (e)(concentration 

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

(iii) Release to water. Requirements as 

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

(c)(4) (Where N=5, and 5 is an aggregate 

of releases for the following substances: 

distillates (lignocellulosic), C5–40 (PMN 

P–11–327, CAS No. 1267611–99–3); 

paraffin waxes (lignocellulosic) 

hydrotreated, C5–40—branched, cyclic 

and linear (PMN P–11–328, CAS No. 

1267611–06–2); naphtha 

(lignocellulosic), hydrotreated, C5–12- 

branched, cyclic and linear (PMN P–11– 

329, CAS No. 1267611–35–7); kerosene 

(lignocellulosic), hydrotreated, C8–16- 

branched, cyclic and linear (PMN P–11– 

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

(lignocellulosic), hydrotreated, C8–26— 

branched, cyclic, and linear (PMN P– 

11–331, CAS No. 1267611–11–9); and 

residual oils (lignocellulosic), 

hydrotreated, C20–40- branched, cyclic, 

and linear (PMN P–11–332, CAS No. 

1267611–71–1)). 

(b) Specific requirements. The 

provisions of subpart A of this part 

apply to this section except as modified 

by this paragraph. 

(1) Recordkeeping. Recordkeeping 

requirements as specified in 

§ 721.125(a) through (h) and (k) are 

applicable to manufacturers, importers, 

and processors of this substance. 

(2) Limitations or revocation of 

certain notification requirements. The 

provisions of § 721.185 apply to this 

section. 

■ 9. Add § 721.10616 to subpart E to 

read as follows: 

§ 721.10616 Distillates (lignocellulosic), 

hydrotreated, C8–26—branched, cyclic, and 

linear. 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substance identified as 

distillates (lignocellulosic), 

hydrotreated, C8–26—branched, cyclic, 

and linear (PMN P–11–331, CAS No. 

1267611–11–9) is subject to reporting 

under this section for the significant 

new uses described in paragraph (a)(2) 

of this section. 

(2) The significant new uses are: 

(i) Protection in the workplace. 

Requirements as specified in 

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

(concentration set at 0.1 percent), and 

(c). The following NIOSH-approved 

respirators with an APF of 10,000 meet 

the minimum requirements for 

§ 721.63(a)(4): Any NIOSH-certified 

pressure-demand or other positive 

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

self-contained breathing apparatus 

(SCBA) equipped with a hood or helmet 

or a full facepiece. 

(A) As an alternative to the respiratory 

requirements listed in paragraph 

(a)(2)(i), a manufacturer, importer, or 

processor may choose to follow the new 

chemical exposure limit (NCEL) 

provisions listed in the TSCA section 

5(e) consent order for this substance. 

The NCEL is 0.32 milligram/cubic meter 

(mg/m3) as an 8-hour time-weighted 

average. Persons who wish to pursue 

NCELs as an alternative to the § 721.63 

respirator requirements may request to 

do so under § 721.30. Persons whose 

§ 721.30 requests to use the NCELs 

approach are approved by EPA will 

receive NCELs provisions comparable to 

those contained in the corresponding 

section 5(e) consent order. 

(B) [Reserved] 

(ii) Hazard communication program. 

Requirements as specified in 

§ 721.72(a), (b), (c), (d), (e)(concentration 

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

(iii) Release to water. Requirements as 

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

(c)(4) (Where N=5, and 5 is an aggregate 

of releases for the following substances: 

distillates (lignocellulosic), C5–40 (PMN 

P–11–327, CAS No. 1267611–99–3); 

paraffin waxes (lignocellulosic) 

hydrotreated, C5–40—branched, cyclic 

and linear (PMN P–11–328, CAS No. 

1267611–06–2); naphtha 

(lignocellulosic), hydrotreated, C5–12- 

branched, cyclic and linear (PMN P–11– 

329, CAS No. 1267611–35–7); kerosene 

(lignocellulosic), hydrotreated, C8–16- 

branched, cyclic and linear (PMN P–11– 

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

(lignocellulosic), hydrotreated, C8–26— 

branched, cyclic, and linear (PMN P– 

11–331, CAS No. 1267611–11–9); and 


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residual oils (lignocellulosic), 

hydrotreated, C20–40- branched, cyclic, 

and linear (PMN P–11–332, CAS No. 

1267611–71–1)). 

(b) Specific requirements. The 

provisions of subpart A of this part 

apply to this section except as modified 

by this paragraph. 

(1) Recordkeeping. Recordkeeping 

requirements as specified in 

§ 721.125(a) through (h) and (k) are 

applicable to manufacturers, importers, 

and processors of this substance. 

(2) Limitations or revocation of 

certain notification requirements. The 

provisions of § 721.185 apply to this 

section. 

■ 10. Add § 721.10617 to subpart E to 

read as follows: 

§ 721.10617 Residual oils (lignocellulosic), 

hydrotreated, C20–40- branched, cyclic, and 

linear. 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substance identified as 

residual oils (lignocellulosic), 

hydrotreated, C20–40- branched, cyclic, 

and linear (PMN P–11–332, CAS No. 

1267611–71–1) is subject to reporting 

under this section for the significant 

new uses described in paragraph (a)(2) 

of this section. 

(2) The significant new uses are: 

(i) Protection in the workplace. 

Requirements as specified in 

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

(concentration set at 0.1 percent), and 

(c). The following NIOSH-approved 

respirators with an APF of 10,000 meet 

the minimum requirements for 

§ 721.63(a)(4): Any NIOSH-certified 

pressure-demand or other positive 

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

self-contained breathing apparatus 

(SCBA) equipped with a hood or helmet 

or a full facepiece. 

(A) As an alternative to the respiratory 

requirements listed in paragraph 

(a)(2)(i), a manufacturer, importer, or 

processor may choose to follow the new 

chemical exposure limit (NCEL) 

provisions listed in the TSCA section 

5(e) consent order for this substance. 

The NCEL is 0.32 milligram/cubic meter 

(mg/m3) as an 8-hour time-weighted 

average. Persons who wish to pursue 

NCELs as an alternative to the § 721.63 

respirator requirements may request to 

do so under § 721.30. Persons whose 

§ 721.30 requests to use the NCELs 

approach are approved by EPA will 

receive NCELs provisions comparable to 

those contained in the corresponding 

section 5(e) consent order. 

(B) [Reserved] 

(ii) Hazard communication program. 

Requirements as specified in 

§ 721.72(a), (b), (c), (d), (e)(concentration 

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

(iii) Release to water. Requirements as 

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

(c)(4) (Where N=5, and 5 is an aggregate 

of releases for the following substances: 

distillates (lignocellulosic), C5–40 (PMN 

P–11–327, CAS No. 1267611–99–3); 

paraffin waxes (lignocellulosic) 

hydrotreated, C5–40—branched, cyclic 

and linear (PMN P–11–328, CAS No. 

1267611–06–2); naphtha 

(lignocellulosic), hydrotreated, C5–12- 

branched, cyclic and linear (PMN P–11– 

329, CAS No. 1267611–35–7); kerosene 

(lignocellulosic), hydrotreated, C8–16- 

branched, cyclic and linear (PMN P–11– 

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

(lignocellulosic), hydrotreated, C8–26— 

branched, cyclic, and linear (PMN P– 

11–331, CAS No. 1267611–11–9); and 

residual oils (lignocellulosic), 

hydrotreated, C20–40- branched, cyclic, 

and linear (PMN P–11–332, CAS No. 

1267611–71–1)). 

(b) Specific requirements. The 

provisions of subpart A of this part 

apply to this section except as modified 

by this paragraph. 

(1) Recordkeeping. Recordkeeping 

requirements as specified in 

§ 721.125(a) through (h) and (k) are 

applicable to manufacturers, importers, 

and processors of this substance. 

(2) Limitations or revocation of 

certain notification requirements. The 

provisions of § 721.185 apply to this 

section. 

■ 11. Add § 721.10618 to subpart E to 

read as follows: 

§ 721.10618 Polyaromatic 

organophosphorus compound (generic). 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substance identified 

generically as polyaromatic 

organophosphorus compound (PMN P– 

11–607) is subject to reporting under 

this section for the significant new uses 

described in paragraph (a)(2) of this 

section. The requirements of this rule do 

not apply to quantities of the PMN 

substance after it has been embedded in 

a solid polymer matrix. 

(2) The significant new uses are: 

(i) Hazard communication program. 

Requirements as specified in 

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

(g)(3)(ii), and (g)(4)(iii). 

(ii) Industrial, commercial, and 

consumer activities. Requirements as 

specified in § 721.80(j) and (q). 

(iii) Release to water. Requirements as 

specified in § 721.90(a)(1), (b)(1), and 

(c)(1). 

(b) Specific requirements. The 

provisions of subpart A of this part 

apply to this section except as modified 

by this paragraph. 

(1) Recordkeeping. Recordkeeping 

requirements as specified in 

§ 721.125(a), (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 

section. 

(3) Determining whether a specific use 

is subject to this section. The provisions 

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

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

■ 12. Add § 721.10619 to subpart E to 

read as follows: 

§ 721.10619 Perfluoroalkylethyl 

methacrylate copolymer (generic). 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substance identified 

generically as perfluoroalkylethyl 

methacrylate copolymer (PMN P–11– 

653) 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. A 

significant new use of this substance is 

any manner or method of manufacture, 

import, or processing associated with 

any use of this substance without 

providing risk notification as follows: 

(A) If as a result of the test data 

required under the TSCA section 5(e) 

consent order for this substance, the 

employer becomes aware that this 

substance may present a risk of injury 

to human health or the environment, the 

employer must incorporate this new 

information, and any information on 

methods for protecting against such risk, 

into a Material Safety Data Sheet 

(MSDS) as described in § 721.72(c) 

within 90 days from the time the 

employer becomes aware of the new 

information. If this substance is not 

being manufactured, imported, 

processed, or used in the employer’s 

workplace, the employer must add the 

new information to a MSDS before the 

substance is reintroduced into the 

workplace. 

(B) The employer must ensure that 

persons who will receive the PMN 

substance from the employer, or who 

have received the PMN substance from 

the employer within 5 years from the 

date the employer becomes aware of the 

new information described in paragraph 

(a)(2)(i)(A) of this section, are provided 

an MSDS containing the information 

required under paragraph (a)(2)(i)(A) 

within 90 days from the time the 


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employer becomes aware of the new 

information. 

(ii) Industrial, commercial, and 

consumer activities. Requirements as 

specified in § 721.80(p)(any amount 

after September 30, 2014). 

(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), (h), 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. 

■ 13. Add § 721.10620 to subpart E to 

read as follows: 

§ 721.10620 Oxirane, 2,2′-(phenylene)bis-. 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substance identified as 

oxirane, 2,2′-(phenylene)bis- (PMN P– 

12–191, CAS No. 30424–08–9) 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) Industrial, commercial, and 

consumer activities. Requirements as 

specified in § 721.80(j)(distribution of 

chemical substance with less than or 

equal to 5 percent impurities). 

(ii) Release to water. Requirements as 

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

(c)(4) (N= 10). 

(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 

significant new use rule. 

■ 14. Add § 721.10621 to subpart E to 

read as follows: 

§ 721.10621 Distillation bottoms, alkylated 

benzene by-product (generic). 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substance identified 

generically as distillation bottoms, 

alkylated benzene by-product (PMN P– 

12–196) 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). 

(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. 

■ 15. Add § 721.10622 to subpart E to 

read as follows: 

§ 721.10622 Copper(2+), tetraammine-, 

chloride (1:2). 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substance identified as 

copper(2+), tetraammine-, chloride (1:2) 

(PMN P–12–285, CAS No. 10534–87–9) 

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) Release to Water. Requirements as 

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

(c)(4) (N= 3). 

(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. 

■ 16. Add § 721.10623 to subpart E to 

read as follows: 

§ 721.10623 Vinylidene ester (generic). 

(a) Chemical substances and 

significant new uses subject to reporting. 

(1) The chemical substances identified 

generically as vinylidene ester (PMNs 

P–12–298 and P–12–299) are subject to 

reporting under this section for the 

significant new uses described in 

paragraph (a)(2) of this section. 

(2) The significant new uses are: 

(i) Industrial, commercial, and 

consumer activities. Requirements as 

specified in § 721.80(s)(20,000 

kilograms of the aggregate of the two 

chemical substances). 

(ii) [Reserved] 

(b) Specific requirements. The 

provisions of subpart A of this part 

apply to this section except as modified 

by this paragraph. 

(1) Recordkeeping. Recordkeeping 

requirements as specified in 

§ 721.125(a), (b), (c), and (i) are 

applicable to manufacturers, importers, 

and processors of this substance. 

(2) Limitations or revocation of 

certain notification requirements. The 

provisions of § 721.185 apply to this 

section. 

■ 17. Add § 721.10624 to subpart E to 

read as follows: 

§ 721.10624 Dicyclohexylmethane-4,4’- 

diisocyanate, polymer with ethoxylated, 

propoxylated polyethers (generic). 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substance identified 

generically as dicyclohexylmethane4,4’-diisocyanate, polymer with 

ethoxylated, propoxylated polyethers 

(PMN P–12–326) 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) (manufacture, 

processing, or use where the molecular 

weight is 1000 daltons or more). 

(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 § 721.10625 to subpart E to 

read as follows: 

§ 721.10625 Distillation bottoms, alkylated 

benzene by-product, brominated and bromo 

diphenyl alkane (generic). 

(a) Chemical substances and 

significant new uses subject to reporting. 

(1) The chemical substances identified 

generically as distillation bottoms, 

alkylated benzene by-product, 

brominated and bromo diphenyl alkane 

(PMNs P–12–332 and P–12–333) are 

subject to reporting under this section 

for the significant new uses described in 

paragraph (a)(2) of this section. 

(2) The significant new uses are: 

(i) Industrial, commercial, and 

consumer activities. Requirements as 

specified in § 721.80(j)(feed for a 

bromine recovery unit). 

(ii) [Reserved] 


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(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. 

■ 19. Add § 721.10626 to subpart E to 

read as follows: 

§ 721.10626 1,4-Butanediol, polymer with 

substituted alkane and substituted 

methylene biscarbomonocycle, 2- 

hydroxyalkyl acrylate-blocked (generic). 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substance identified 

generically as 1,4-butanediol, polymer 

with substituted alkane and substituted 

methylene biscarbomonocycle, 2- 

hydroxyalkyl acrylate-blocked (PMN P– 

12–373) 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 (y)(1). 

(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 § 721.10627 to subpart E to 

read as follows: 

§ 721.10627 Yttrium borate phosphate 

vanadate with europium and additional 

dopants (generic). 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substance identified 

generically as yttrium borate phosphate 

vanadate with europium and additional 

dopants (PMN P–12–430) 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) and (s). 

(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. 

■ 21. Add § 721.10628 to subpart E to 

read as follows: 

§ 721.10628 Mixed metal oxalate (generic). 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substance identified 

generically as mixed metal oxalate 

(PMN P–12–432) 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) and (s). 

(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. 

[FR Doc. 2012–26658 Filed 11–1–12; 8:45 am] 

BILLING CODE 6560–50–P 


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