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(NEPA) (42 U.S.C. 4321–4370f), and have concluded this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule is categorically excluded, under figure 2–1, paragraph (34)(g), of the Instruction. This rule involves the establishment of a temporary safety zone. An environmental analysis checklist and a categorical exclusion determination are available in the docket where indicated under **ADDRESSES**

. List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation (water), Reporting and record keeping requirements, Security measures, Waterways.

■ For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165, as follows:

**PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS** 

■ 1. The authority citation for part 165 continues to read as follows:

Authority: 33 U.S.C. 1226, 1231; 46 U.S.C Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L. 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1

■ 2. Add § 165.T13–162 to read as follows:

**§ 165.T13–162 Safety Zone; Composite Laminate Specialties Fall Championship**  **Hydroplane Race, Lake Sammamish, WA**

(a) Location. All waters encompassed on the waters of Lake Sammamish, WA, south to land from a line starting at 47 °

33.810 ′ N 122 ° 04.810 ′ W then east to

47 ° 33.810 ′ N 122 ° 03.674 ′ W.

(b) Regulations. In accordance with the general regulations in 33 CFR Part 165, Subpart C, no vessel operator may enter or remain in the safety zone without the permission of the Captain of the Port or Designated Representative. The Captain of the Port may be assisted by other federal, state, or local agencies with the enforcement of the safety zone.

(c) Authorization. All vessel operators who desire to enter the safety zone must obtain permission from the Captain of the Port or Designated Representative by contacting the on-scene patrol craft. Vessel operators granted permission to enter the zone will be escorted by the on-scene patrol craft until they are outside of the safety zone.

(d) Enforcement Period. This rule is effective from 9 a.m. to 7 p.m. on October 1 through October 3, 2010, unless canceled sooner by the Captain of the Port, Puget Sound. Dated: September 2, 2010. S.J. Ferguson, Captain, U.S. Coast Guard, Captain of the Port, Puget Sound.

[FR Doc. 2010–23358 Filed 9–17–10; 8:45 am]

**BILLING CODE 9110–04–P**

**ENVIRONMENTAL PROTECTION AGENCY** 

**40 CFR Parts 9 and 721**

**[EPA–HQ–OPPT–2009–922; FRL–8839–7]**

**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 section 5(a)(2) of the Toxic Substances Control Act (TSCA) for 25 chemical substances which were the subject of premanufacture notices (PMNs). One of these chemical substances is subject to a TSCA section 5(e) consent order issued by EPA. This action requires persons who intend to manufacture, import, or process any of these 25 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 November 19, 2010. For purposes of judicial review, this rule shall be promulgated at 1 p.m. (e.s.t.) on October
4, 2010.

Written adverse or critical comments, or notice of intent to submit adverse or critical comments, on one or more of these SNURs must be received on or before October 20, 2010 (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–2009–922, by one of the following methods:

• Federal eRulemaking Portal : http:// www.regulations.gov. Follow the on-line instructions for submitting comments.

• Mail : Document Control Office (7407M), Office of Pollution Prevention and Toxics (OPPT), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460–

0001.

• Hand Delivery: OPPT Document Control Office (DCO), EPA East, Rm. 6428, 1201 Constitution Ave., NW., Washington, DC. Attention: Docket ID Number EPA–HQ–OPPT–2009–922. 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– 2009–922. EPA’s policy is that all comments received will be included in the docket without change and may be made available on-line 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 otherwiseprotected through regulations.gov or email. The regulations.gov website 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 e-mail comment directly to EPA without going through regulations.gov, your e-mail 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


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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; e-mail 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; e-mail 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. Potentially affected entities may include, but are not limited to:

• Manufacturers, importers, or processors of one or more subject chemical substances (NAICS codes 325 and 324110), e.g., chemical manufacturing and petroleum refineries.

This listing is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be affected by this action. Other types of entities not listed in this unit could also be affected. The North American Industrial Classification System (NAICS) codes have been provided to assist you and others in determining whether this action might apply to certain entities. To determine whether you or your business may be affected by this action, you should carefully examine the applicability provisions in § 721.5. If you have any questions regarding the applicability of this action to a particular entity, consult the technical person listed under **FOR**

**FURTHER INFORMATION CONTACT**

. This action may also affect certain entities through pre-existing import certification and export notification rules under TSCA. Chemical importers are subject to the TSCA section 13 (15 U.S.C. 2612) import certification requirements promulgated at 19 CFR 12.118 through 12.127; see also 19 CFR 127.28. Chemical importers must certify that the shipment of the chemical substance complies with all applicable rules and orders under TSCA. Importers of chemicals subject to 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 on or after October 20, 2010 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 e-mail. Clearly mark the part or all of the information that you claim to be CBI. For CBI information in a disk or CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as CBI and then identify electronically within the disk or CD-ROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2.

2. Tips for preparing your comments

. When submitting comments, remember

to:

i. Identify the document by docket ID number and other identifying information (subject heading, Federal Register date and page number).

ii. Follow directions. The Agency may ask you to respond to specific questions or organize comments by referencing a Code of Federal Regulations (CFR) part or section number.

iii. Explain why you agree or disagree; suggest alternatives and substitute language for your requested changes.

iv. Describe any assumptions and provide any technical information and/ or data that you used.

v. If you estimate potential costs or burdens, explain how you arrived at your estimate in sufficient detail to allow for it to be reproduced.

vi. Provide specific examples to illustrate your concerns and suggest alternatives.

vii. Explain your views as clearly as possible, avoiding the use of profanity or personal threats.

viii. Make sure to submit your comments by the comment period deadline identified.

II. Background
A. What Action is the Agency Taking?

EPA is 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 of April 24, 1990 (55 FR 17376). 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 those listed in TSCA section 5(a)(2) (see 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. The mechanism for reporting under this requirement is established under § 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


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appear at 40 CFR part 700. According to § 721.1(c), persons subject to these SNURs must comply with the same notice requirements and EPA regulatory procedures as submitters of PMNs under TSCA section 5(a)(1)(A). In particular, these requirements include the information submission requirements of TSCA section 5(b) and 5(d)(1), the exemptions authorized by TSCA section 5(h)(1), (h)(2), (h)(3), and (h)(5), and the regulations at 40 CFR part 720. Once EPA receives a SNUN, EPA may take regulatory action under TSCA section 5(e), 5(f), 6, or 7 to control the activities for which it has received the SNUN. If EPA does not take action, EPA is required under TSCA section 5(g) to explain in the Federal Register its reasons for not taking action.

Chemical importers are subject to the TSCA section 13 (15 U.S.C. 2612) import certification requirements promulgated at 19 CFR 12.118 through 12.127; see also 19 CFR 127.28. Chemical importers must certify that the shipment of the chemical substance complies with all applicable rules and orders under TSCA. Importers of chemicals subject to 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 identified in a proposed or final SNUR are subject to the export notification provisions of TSCA section 12(b) (15 U.S.C. 2611 (b)) (see § 721.20), and must comply with the export notification requirements in 40 CFR part 707, subpart D.
III. 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 25 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 25 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).

• CAS 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 one PMN substance (P–04–269) that is subject to

a ‘‘ risk-based ’’ consent order under TSCA section 5(e)(1)(A)(ii)(I) where EPA determined that activities associated with the PMN substance may present unreasonable risk to human health and the environment. The consent order requires protective measures to limit exposures or otherwise mitigate thepotential unreasonable risk. The socalled ‘‘ 5(e) SNUR’’ on this PMN substance is promulgated pursuant to § 721.160, and is based on and consistent with the provisions in the underlying consent order. The 5(e) SNUR designates as a ‘‘ significant new

use ’’ the absence of the protective measures required in the corresponding consent order.

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 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 24 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-5(e) SNURs ’’ are promulgated pursuant to § 721.170. EPA has determined that every activity designated as a ‘‘ significant new use ’’ in all non-5(e) SNURs issued under § 721.170 satisfies the two requirements stipulated in § 721.170(c)(2), i.e., these significant new use activities, ‘‘ (i) are different from those described in the premanufacture notice for the substance, including any amendments, deletions, and additions of activities to the premanufacture notice, and (ii) may be accompanied by changes in exposure or release levels that are significant in relation to the health or environmental


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concerns identified ’’ for the PMN substance.

PMN Number P–04–269 Chemical name: Cobalt lithium manganese nickel oxide. CAS number: 182442–95–1. Effective date of TSCA section 5(e) consent order: May 12, 2009. Basis for TSCA section 5(e) consent order: The PMN states that the substance will be used as a battery cathode material. The order was issued under sections 5(e)(1)(A)(i) and 5(e)(1)(A)(ii)(I) of TSCA based on findings that this substance may present an unreasonable risk of injury to human health and the environment. To protect against these risks, the consent order requires use of dermal personal protective equipment, including gloves demonstrated to be impervious, use of respiratory personal protective equipment, including a National Institute of Occupational Safety and Health (NIOSH)-approved respirator with an assigned protection factor (APF) of at least 150 or compliance with a NCEL of 0.1 mg/m 3 as an 8–hour timeweighted average, establishment of a hazard communication program, and prohibits releases to water. The SNUR designates as a ‘‘ significant new use ’’ the absence of these protective measures. Toxicity concern: Based on test data on nickel, lithium and cobalt, EPA has concerns for developmental toxicity, mutagenicity, oncogenicity, pulmonary oncogenicity, and lung overload for workers with inhalation and dermal exposure to the PMN substance. EPA set the NCEL at 0.1 mg/m 3 as an 8–hour time-weighted average. In addition, based on test data on analogous nickel containing compounds, EPA predicts toxicity to aquatic organisms may occur at concentrations that exceed 1 part per billion (ppb) of the PMN substance in surface waters. Recommended testing: EPA has determined that the results of the following tests would help characterize the human health and environmental effects of the PMN substance: A 90–day inhalation toxicity test (OPPTS Test Guideline 870.3465); a fish acute toxicity test, freshwater and marine (OPPTS Test Guideline 850.1075); an aquatic invertebrate acute toxicity test, freshwater daphnids (OPPTS Test Guideline 850.1010); and an algal toxicity test, tiers I and II (OPPTS Test Guideline 850.5400). All aquatic toxicity testing should be performed using the static method with measured concentrations. Test reports should include protocols approved by EPA, certificate of analysis for the test substance, raw data, and results. The order does not require submission of the aforementioned information at any specified time or production volume. However, the order’s restrictions on manufacturing, 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 721.10201. PMN Number P–08–701 Chemical name: Benzoic acid, 4-chloro2- [(substituted)azo]-, strontium salt (1:1) (generic). CAS number: Not available. Basis for action: The PMN states that the generic (non-confidential) use of the substance will be as a pigment for plastics. Based on test data on analogous substances, EPA has concerns for oncogenicity, developmental toxicity, and blood and spleen effects from exposure to the azo reduction products of the PMN substance via inhalation. Since significant worker exposure is unlikely for the uses described in the PMN, 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 other than as described in the PMN may cause serious health effects. Based on this information, the PMN substance meets the concern criteria at § 721.170 (b)(1)(i)(C) and (b)(3)(ii). Recommended testing: EPA has determined that results from the following tests would help characterize the human health effects of the PMN substance: A bacterial reverse mutation test (OPPTS Test Guideline 870.5100) with prival modification, and an unscheduled DNA synthesis in mammalian cells in culture test (OPPTS Test Guideline 870.5550) for the azo reduction product of the PMN substance. Test reports should include protocols approved by EPA, certificate of analysis for the test substance, raw data, and results.

CFR citation: 40 CFR 721.10202. PMN Number P–08–742 Chemical name: Phosphonium, tetrabutyl-, hydroxide (1:1). CAS number: 14518–69–5. Basis for action: The PMN states that the substance will be used as a chemical intermediate for manufacturing tetrabutylphosphonium salt, as an export for industrial use, and additional confidential chemical intermediate uses. Based on test data on the PMN substance, EPA predicts toxicity to aquatic organisms may occur at concentrations that exceed 1 ppb of the PMN substance in surface waters. As described in the PMN, the substance is not released to surface waters. Therefore, EPA has not determined that the proposed manufacturing, processing, or use of the substance may present an unreasonable risk. EPA has determined, however, that any use of the substance resulting in release to surface waters may cause significant adverse environmental effects. Based on this information, the PMN substance meets the concern criteria at § 721.170(b)(4)(i). Recommended testing: EPA has determined that the results of the following tests would help characterize the environmental effects of the PMN substance: A fish early-life stage toxicity test (OPPTS Test Guideline 850.1400); a daphnid chronic toxicity test (OPPTS Test Guideline 850.1300); and an algal toxicity test, tiers I and II (OPPTS Test Guideline 850.5400). Fish and daphnid testing should be performed using the flow-through method with measured concentrations. Algal testing should be performed using the static method with measured concentrations. Test reports should include protocols approved by EPA, certificate of analysis for the test substance, raw data, and results.

CFR citation: 40 CFR 721.10203. PMN Number P–08–754 Chemical name: Aryloxyacrylate (generic). CAS number: Not available. Basis for action: The PMN states that the generic (non-confidential) use of the substance will be as a monomer. Based on ecological structural activity relationship (EcoSAR) analysis of test data on analogous acrylates, 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 PMN 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)(ii). Recommended testing: EPA has determined that results of the following tests would help characterize the environmental effects of the PMN substance: A fish acute toxicity test, freshwater and marine (OPPTS TestGuideline 850.1075) using the flowVerDate Mar<15>2010 13:28 Sep 17, 2010 Jkt 220001 PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 E:\FR\FM\20SER1.SGM 20SER1jdjones on DSK8KYBLC1PROD with RULES

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through method with measured concentrations; an aquatic invertebrate acute toxicity test, freshwater daphnids (OPPTS Test Guideline 850.1010) using the flow-through method with measured concentrations; and an algal toxicity test, tiers I and II (OPPTS Test Guideline 850.5400) using the static method with measured concentrations. Test reports should include protocols approved by EPA, certificate of analysis for the test substance, raw data, and results.

CFR citation: 40 CFR 721.10204. PMN Number P–09–4 Chemical name: Formaldehyde, polymer with 1,3-benzenediol and 1,1 ′
- methylenebis[isocyanatobenzene]. CAS number: 1067881–45–1. Basis for action: The PMN states that the generic (non-confidential) use of the substance will be as a rubber additive. Based on EcoSAR analysis of test data on analogous esters and polyphenols, EPA predicts toxicity to aquatic organisms may occur at concentrations that exceed 1 ppb of the PMN substance in surface waters. As described in the PMN, the substance will not be released to surface waters. Therefore, EPA has not determined that the proposed manufacturing, processing, or use of the substance may present an unreasonable risk. EPA has determined, however, that any use of the substance resulting in release to surface waters 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 results of the following tests would help characterize the environmental effects of the PMN substance: A fish acute toxicity test, freshwater and marine (OPPTS TestGuideline 850.1075) using the flowthrough method with mean measured concentrations; an aquatic invertebrate acute toxicity test, freshwater daphnids (OPPTS Test Guideline 850.1010) using the flow-through method with mean measured concentrations; and an algal toxicity test, tiers I and II (OPPTS Test Guideline 850.5400) using the static method with mean measured concentrations. Test reports should include protocols approved by EPA, certificate of analysis for the test substance, raw data, and results.

CFR citation: 40 CFR 721.10205. PMN Number P–09–19 Chemical name: 4-Cyclohexene-1,2- dicarboxylic acid, 1,2-bis(2- oxiranylmethyl) ester. CAS number: 21544–03–6. Basis for action: The PMN states that the substance will be used as an epoxy resin for filament winding and electrical encapsulation of motors and generators. Based on test data on analogous esters and epoxides, EPA identified concerns for lung and dermal sensitization, mutagenicity, oncogenicity, male reproductive toxicity, liver and kidney toxicity, and eye corrosion to workers exposed to the PMN substance. As described in the PMN, worker inhalation exposure is expected to be negligible and dermal exposure is expected to be minimal due to the use of adequate personal protective equipment. 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 without the use of dermal protection where there is potential for dermal exposure, or without the appropriate hazard communication 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 results of the following tests would help characterize the human health effects of the PMN substance: A 90–day dermal toxicity study (OPPTS Test Guideline 870.3250) with attention to the pathology of the reproductive organs and a carcinogenicity study (OPPTS Test Guideline 870.4200). Test reports should include protocols approved by EPA, certificate of analysis for the test substance, raw data, and results.

CFR citation: 40 CFR 721.10206. PMN Number P–09–38 Chemical name: 1,3- Cyclohexanedimethanamine, N1,N3- bis(2-methylpropylidene)-. CAS number: 173904–11–5. Basis for action: The PMN states that the generic (non-confidential) use of the substance will be as a curing agent for polyurethane systems. Based on EcoSAR analysis of test data on analogous Schiff bases and aliphatic amines, EPA predicts toxicity to aquatic organisms may occur at concentrations that exceed 1 ppb of the PMN substance in surface waters. As described in the PMN, the substance is not expected to be released to surface waters. Therefore, EPA has not determined that the proposed manufacturing, processing, or use of the substance may present an unreasonable risk. EPA has determined, however, that any use of the substance resulting in release to surface waters 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 results of the following tests would help characterize the environmental effects of the PMN substance: A water solubility: column elution method; shake flask method (OPPTS Test Guideline 830.7840); a fish acute toxicity test, freshwater and marine (OPPTS Test Guideline 850.1075) using the flow-through method with mean measured concentrations; an aquatic invertebrate acute toxicity test, freshwater daphnids (OPPTS Test Guideline 850.1010) using the flow-through method with mean measured concentrations; and an algal toxicity test, tiers I and II (OPPTS Test Guideline 850.5400) using the static method and mean measured concentrations. Test reports should include protocols approved by EPA, certificate of analysis for the test substance, raw data, and results.

CFR citation: 40 CFR 721.10207. PMN Number P–09–71 Chemical name: Amines, di-C11-14- isoalkyl, C13-rich. CAS number: 1005516–89–1. Basis for action: The PMN states that the generic (non-confidential) use of the substance will be as a chemical intermediate. Based on EcoSAR analysis of test data on analogous aliphatic amines, EPA predicts that toxicity to aquatic organisms may occur at concentrations that exceed 2 ppb of the PMN substance in surface waters. As described in the PMN, releases of the PMN substance are not expected to result in surface water concentrations that exceed 2 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 2 ppb may cause significant adverse environmental effects. Based on this information, the PMN substance meets the concern criteria at § 721.170(b)(4)(ii). Recommended testing: EPA has determined that results of the following tests would help characterize the environmental effects of the PMN substance: A fish acute toxicity test, freshwater and marine (OPPTS TestGuideline 850.1075) using the flowthrough method with mean measured concentrations or a fish acute toxicity mitigated by humic acid (OPPTS TestGuideline 850.1085) using the flowthrough method with measured concentrations; an aquatic invertebrate acute toxicity test, freshwater daphnids (OPPTS Test Guideline 850.1010) using the flow-through method with mean


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measured concentrations; and an algal toxicity test, tiers I and II (OPPTS Test Guideline 850.5400) using the static method with mean measured concentrations. Test reports should include protocols approved by EPA, certificate of analysis for the test substance, raw data, and results.

CFR citation: 40 CFR 721.10208. PMN Number P–09–120 Chemical name: Epoxy terminated, hydrolyzed trialkoxysilane and glycidyl ether of phenol-formaldehyde resin (generic). CAS number: Not available. Basis for action: The PMN states that the substance will be used as a polymerizable component of adhesive formulations. Based on EcoSAR analysis of test data on analogous alkoxysilanes and polyepoxides, EPA predicts toxicity to aquatic organisms may occur at concentrations that exceed 81 ppb of the PMN substance in surface waters. As described in the PMN, the substance is not expected to be released to surface waters. Therefore, EPA has not determined that the proposed manufacturing, processing, or use of the substance may present an unreasonable risk. EPA has determined, however, that any use of the substance resulting in release to surface waters 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 the following tests would help characterize the environmental effects of the PMN substance: A fish acute toxicity test, freshwater and marine (OPPTS TestGuideline 850.1075) using the flowthrough method with mean measured concentrations; an aquatic invertebrate acute toxicity test, freshwater daphnids (OPPTS Test Guideline 850.1010) using the flow-through method with mean measured concentrations; and an algal toxicity test, tiers I and II (OPPTS Test Guideline 850.5400) using the static method with mean measured concentrations. Test reports should include protocols approved by EPA, certificate of analysis for the test substance, raw data, and results.

CFR citation: 40 CFR 721.10209. PMN Number P–09–130 Chemical name: Soybean oil, epoxidized, reaction products with diethanolamine. CAS number: 1002761–12–7. Basis for action: The PMN states that the generic (non-confidential) use of the substance will be as a polyol for flexible and rigid polyurethane foam applications. Based on EcoSAR analysis of test data on analogous aliphatic amines, EPA predicts toxicity to aquatic organisms may occur at concentrations that exceed 6 ppb of the PMN substance in surface waters. As described in the PMN, the substance will not be released to surface waters. Therefore, EPA has not determined that the proposed manufacturing, processing, or use of the substance may present an unreasonable risk. EPA has determined, however, that any use of the substance resulting in release to surface waters 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 the following tests would help characterize the environmental effects of the PMN substance: A ready biodegradability test (OPPTS Test Guideline 835.3110); a fish acute toxicity test, freshwater and marine (OPPTS Test Guideline 850.1075) using the flow-through method with mean measured concentrations; an aquatic invertebrate acute toxicity test, freshwater daphnids (OPPTS Test Guideline 850.1010) using the flow-through method with mean measured concentrations; and an algal toxicity test, tiers I and II (OPPTS Test Guideline 850.5400) using the static method with mean measured concentrations. Test reports should include protocols approved by EPA, certificate of analysis for the test substance, raw data, and results.

CFR citation: 40 CFR 721.10210. PMN Number P–09–172 Chemical name: Octadecanoic acid, reaction products with diethylenetriamine and urea, acetates. CAS number: 84962–05–0. Basis for action: The PMN states that the substance will be used as a softener padded on cotton fabrics. Based on EcoSAR analysis of test data on analogous aliphatic amines, EPA predicts toxicity to aquatic organisms may occur at concentrations that exceed 1 ppb of the PMN substance in surface waters. For the annual manufacture and import volume described in the PMN, the substance is not expected to be released to water. 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 exceedance of the annual maximum manufacture and import limit of 10,000 kilograms, could result in releases to water, which 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 the followings tests would help characterize the environmental effects of the PMN substance: A fish acute toxicity test, freshwater and marine (OPPTS Test Guideline 850.1075); an aquatic invertebrate acute toxicity test, freshwater daphnids (OPPTS Test Guideline 850.1010); and an algal toxicity test, tiers I and II (OPPTS Test Guideline 850.5400). Fish and daphnid testing should be performed using the flow-through method with mean measured concentrations. Algal testing should be formed using the static method with mean measured concentrations. Test reports should include protocols approved by EPA, certificate of analysis for the test substance, raw data, and results.

CFR citation: 40 CFR 721.10211. PMN Number P–09–241 Chemical name: 1,2-Ethanediol, reaction products with epichlorohydrin. CAS number: 705265–31–2. Basis for action: The PMN states that the generic (non-confidential) use of the substance will be as an industrial reactant. Based on test data on analogous epoxides, EPA identified the following toxicity concerns from exposure to the PMN substance: Irritation and sensitization to eyes, skin, and lungs; mutagenicity; oncogenicity; and developmental, liver, kidney, and male reproductive toxicity. Based on this information, the PMN substance meets the concern criteria at § 721.170(b)(3)(ii). At the production volume stated in the PMN, worker exposure and general population exposure are limited. Therefore, EPA has not determined that the proposed manufacturing, processing, or use of the substance may present an unreasonable risk under TSCA section 5(e). However, EPA has determined in accordance with TSCA section 5(a)(2)(A) and (C) and 40 CFR 721.170(a), that exceedance of the annual maximum manufacture and import limit of 100,000 kilograms may result in significant human exposures or environmental release. Recommended testing: EPA has determined that the results of the following tests would help characterize the human health effects of the PMN substance: Aerobic mineralization in surface water - simulation biodegradation test (Organisation for Economic Co-operation and Development (OECD) 309 test guideline) using the receiving water where the discharge will occur; an acute oral toxicity test (OPPTS Test Guideline 870.1100 or OECD 425 test guideline); a bacterial reverse mutation test (OPPTS


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Test Guideline 870.5100); a mammalian erythrocyte micronucleus test (OPPTS Test Guideline 870.5395) using the intraperitoneal route; and a repeated dose 28–day oral toxicity test (OPPTS Test Guideline 870.3050 or OECD 407 test guideline) in rodents. The 28–day oral study should include, for all test doses, a neurotoxicity functional observational battery (FOB), as described in neurotoxicity screening battery (OPPTS Test Guideline 870.6200). Test reports should include protocols approved by EPA, certificate of analysis for the test substance, raw data, and results.

CFR citation: 40 CFR 721.10212. PMN Number P–09–253 Chemical name: Polyether polyester copolymer phosphate (generic). CAS number: Not available. Basis for action: The PMN states that the generic (non-confidential) use of the substance will be as an additive for molding compounds. Based on EcoSAR analysis of test data on analogous organic phosphates, EPA predicts toxicity to aquatic organisms may occur at concentrations that exceed 22 ppb of the PMN substance in surface waters. As described in the PMN, the substance will not be released to surface waters. Therefore, EPA has not determined that the proposed manufacturing, processing, or use of the substance may present an unreasonable risk. EPA has determined, however, that any use of the substance resulting in release to surface waters 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 results of the following tests would help characterize the environmental effects of the PMN substance: Ready biodegradability test (OPPTS Test Guideline 835.3110); a fish acute toxicity test, freshwater and marine (OPPTS Test Guideline 850.1075) using the flow-through method with mean measured concentrations; an aquatic invertebrate acute toxicity test, freshwater daphnids (OPPTS Test Guideline 850.1010) using the flow-through method with mean measured concentrations; and an algal toxicity test, tiers I and II (OPPTS Test Guideline 850.5400) using the static method with mean measured concentrations. Test reports should include protocols approved by EPA, certificate of analysis for the test substance, raw data, and results.

CFR citation: 40 CFR 721.10213. PMN Number P–09–286 Chemical name: Poly(oxyalkylenediyl), .alpha.-substituted carbomonocycle- .omega.-substituted carbomonocycle (generic). CAS number: Not available. Basis for action: The PMN states that the generic (non-confidential) use of the substance will be as a coatings resin. Based on EcoSAR analysis of test data on analogous esters, EPA predicts toxicity to aquatic organisms may occur at concentrations that exceed 1 ppb of the PMN substance in surface waters. As described in the PMN, the substance is not released to surface waters. Therefore, EPA has not determined that the proposed manufacturing, processing, or use of the substance may present an unreasonable risk. EPA has determined, however, that any use of the substance resulting in release to surface waters 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 the following tests would help characterize the environmental effects of the PMN substance: A ready biodegradability -
CO 2 in sealed vessels (headspace test)(OECD 310 test guideline); a fish earlylife stage toxicity test (OPPTS TestGuideline 850.1400) using the flowthrough method with measured concentrations; a daphnid chronic toxicity test (OPPTS Test Guideline 850.1300) using the flow-through method with measured concentrations; and an algal toxicity test, tiers I and II (OPPTS Test Guideline 850.5400) using the static method with measured concentrations. Test reports should include protocols approved by EPA, certificate of analysis for the test substance, raw data, and results.

CFR citation: 40 CFR 721.10214. PMN Number P–09–385 Chemical name: Benzenepropanol, .beta.-methyl-. CAS number: 7384–80–7. Basis for action: The PMN states that the substance will be used as a raw material to manufacture another chemical. Based on test data on the PMN substance, EPA identified possible skin sensitization concerns from dermal exposure to the PMN substance. Based on test data on analogous substances, the Agency identified concerns for liver toxicity, kidney toxicity, neurotoxicity, and possible developmental toxicity to workers exposed dermally to the PMN substance. For the uses described in the PMN, worker inhalation exposure is not expected and EPA does not expect significant dermal exposure due to the use of impervious gloves. Therefore, EPA has not determined that the proposed manufacturing, processing, or use of the substance may present an unreasonable risk. EPA has determined, however, that any use of the substance other than as an intermediate, or without the use of impervious gloves where there is potential for dermal exposure, may cause serious health effects. Based on this information, the PMN substance meets the concern criteria at § 721.170 (b)(3)(i) and (b)(3)(ii). Recommended testing: EPA has determined that the results of a 90–day oral toxicity test (OPPTS Test Guideline 870.3100) in rodents would help characterize the human health effects of the PMN substance. Test reports should include protocols approved by EPA, certificate of analysis for the test substance, raw data, and results.

CFR citation: 40 CFR 721.10215. PMN Number P–09–411 Chemical name: 2-Propenoic acid, 3- (5,5,6-trimethylbicyclo[2.2.1]hept-2- yl)cyclohexyl ester. CAS number: 903876–45–9. Basis for action: The PMN states that the generic (non-confidential) use of the substance will be as a thermoset adhesive component. EPA has identified health and environmental concerns because the substance may be a persistent, bio-accumulative, and toxic (PBT) chemical, based on physical/ chemical properties of the PMN substance, as described in the New Chemical Program’s PBT category (64 FR 60194; November 4, 1999) (FRL– 6097–7). EPA estimates that the PMN substance will persist in the environment more than two months and estimates a bioaccumulation factor of greater than or equal to 5,000. Also, based on test data on analogous acrylates, EPA believes exposure to the PMN substance may cause systemic human health effects and predicts toxicity to aquatic organisms. As described in the PMN, significant worker exposure is unlikely, and the substance is neither released to surface waters nor landfilled. 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 predictable or purposeful release containing the PMN substance into the waters of the United States or any disposal of the manufacturing, process, or use stream of the PMN substance other than by incineration may cause serious health effects and significant adverse environmental effects, since the PMN substance has been characterized by EPA as a PBT substance that can migrate to ground water. Based on this


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information, the PMN substance meets the concern criteria at § 721.170 (b)(3)(ii), (b)(4)(ii), and (b)(4)(iii). Recommended testing: EPA has determined that the results of the tiered testing described in the New Chemicals Program’s PBT Category would help characterize the PBT attributes of the PMN substance. Test reports should include protocols approved by EPA, certificate of analysis for the test substance, raw data, and results.

CFR citation: 40 CFR 721.10216. PMN Number P–09–426 Chemical name: Branched and linear alcohols (generic). CAS number: Not available. Basis for action: The PMN states that the substance will be used as a site-limited raw material. Based on structure activity relationship analysis of test data on analogous neutral organic chemicals, 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 the following tests would help characterize the environmental effects of the PMN substance: Based on the results of the potential solubility pretest either a water solubility: column elution method; shake flask method test (OPPTS Test Guideline 830.7840) or a water solubility: generator column method test (OPPTS Test Guideline 830.7860) and an algal toxicity test, tiers I and II (OPPTS Test Guideline 850.5400) using static method and mean measured concentrations. Based on the results of these tests, a fish acute toxicity test, freshwater and marine (OPPTS Test Guideline 850.1075), and an aquatic invertebrate acute toxicity test, freshwater daphnids (OPPTS Test Guideline 850.1010) may also be recommended. Test reports should include protocols approved by EPA, certificate of analysis for the test substance, raw data, and results.

CFR citation: 40 CFR 721.10217. PMN Number P–09–436 Chemical name: 2-Propenoic acid, 2- methyl-, C12-15-branched and linear alkyl esters, telomers with alkyl 2- [[(alkylthio)thioxomethyl]thio]-2- alkanoate, aminoalkyl methacrylate and alkyl methacrylate, tert-Bu 2- ethylhexanoperoxoate-initiated (generic). CAS number: Not available. Basis for action: The PMN states that the generic (non-confidential) use of the substance will be as a lubricant additive. Based on EcoSAR analysis of test data on analogous polycationic polymers, EPA predicts toxicity to aquatic organisms may occur at concentrations that exceed 410 ppb of the PMN substance in surface waters. As described in the PMN, during manufacturing the substance will not be released to surface waters. During processing and use, releases of the substance are not expected to result in surface water concentrations that exceed 410 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 predictable or purposeful release to surface waters of a manufacturing stream associated with any use of the substance 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 the following tests would help characterize the environmental effects of the PMN substance: A fish acute toxicity test, freshwater and marine (OPPTS Test Guideline 850.1075); a fish acute toxicity test mitigated by humic acid (OPPTS Test Guideline 850.1085); an aquatic invertebrate acute toxicity test, freshwater daphnids (OPPTS Test Guideline 850.1010); and an algal toxicity test, tiers I and II (OPPTS Test Guideline 850.5400). Fish and daphnid tests should be performed using the flow-through method with mean measured concentrations. Algal testing should be performed using the static method with mean measured concentrations. Test reports should include protocols approved by EPA, certificate of analysis for the test substance, raw data, and results.

CFR citation: 40 CFR 721.10218. PMN Number P–09–451 Chemical name: Butanamide,N- [substituted phenyl]- [(alkoxynitrophenyl)diazenyl]-3-oxo- (generic). CAS number: Not available. Basis for action: The PMN states that the generic (non-confidential) use of the substance will be as a dispersion additive. Based on test data on the PMN substance, EPA predicts toxicity to aquatic organisms may occur at concentrations that exceed 1 ppb of the PMN substance in surface waters. As described in the PMN, the substance will not be released to surface waters. Therefore, EPA has not determined that the proposed manufacturing, processing, or use of the substance may present an unreasonable risk. EPA has determined, however, that any use of the substance resulting in release to surface waters may cause significant adverse environmental effects. Based on this information, the PMN substance meets the concern criteria at § 721.170(b)(4)(i). Recommended testing: EPA has determined that the results of the following tests would help characterize the environmental effects of the PMN substance: A fish early-life stage toxicity test (OPPTS Test Guideline 850.1400) and a daphnid chronic toxicity test (OPPTS Test Guideline 850.1300). Both tests should be performed using the flow-through method with mean measured concentrations. Test reports should include protocols approved by EPA, certificate of analysis for the test substance, raw data, and results.

CFR citation: 40 CFR 721.10219. PMN Number P–09–478 Chemical name: Phosphoric acid, polymer with cycloaliphatic diglycidyl ether, alkylethers (generic). CAS number: Not available. Basis for action: The PMN states that the generic (non-confidential) use of the substance will be as a component of a coating. Based on EcoSAR analysis of test data on analogous polynonionic phosphate polymers, EPA predicts toxicity to aquatic organisms may occur at concentrations that exceed 8 ppb of the PMN substance in surface waters. As described in the PMN, the substance will not be released to surface waters. Therefore, EPA has not determined that the proposed manufacturing, processing, or use of the substance may present an unreasonable risk. EPA has determined, however, that any use of the substance resulting in release to surface waters 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 the following tests would help characterize the environmental effects of the PMN substance: A fish acute toxicity test, freshwater and marine (OPPTS TestGuideline 850.1075) using the flowthrough method with mean measured


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concentrations; an aquatic invertebrate acute toxicity test, freshwater daphnids (OPPTS Test Guideline 850.1010) using the flow-through method with mean measured concentrations; and an algal toxicity test, tiers I and II (OPPTS Test Guideline 850.5400) using the static method with mean measured concentrations. 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. Test reports should include protocols approved by EPA, certificate of analysis for the test substance, raw data, and results.

CFR citation: 40 CFR 721.10220. PMN Number P–09–542 Chemical name: 3-Nonen-1-ol, 1- acetate, (3Z)-. CAS number: 13049–88–2. Basis for action: The PMN states that the substance will be used as a fragrance in the manufacture of scented consumer products. Based on EcoSAR analysis of test data on analogous esters, EPA predicts toxicity to aquatic organisms may occur at concentrations that exceed 9 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 9 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 9 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 the following tests would help characterize the environmental effects of the PMN substance: A fish acute toxicity test, freshwater and marine (OPPTS Test Guideline 850.1075); an aquatic invertebrate acute toxicity test, freshwater daphnids (OPPTS Test Guideline 850.1010); and an algal toxicity test, tiers I and II (OPPTS Test Guideline 850.5400). Fish and daphnid testing should be performed using the flow-through method with mean measured concentrations. Algal testing should be performed using the static method with mean measured concentrations. Test reports should include protocols approved by EPA, certificate of analysis for the test substance, raw data, and results.

CFR citation: 40 CFR 721.10221. PMN Number P–09–581 Chemical name: Styrenyl surface treated manganese ferrite (generic). CAS number: Not available. Basis for action: The PMN states that the substance will be used as a raw material intermediate used in the manufacture of polymerized pigments. Based on test data on analogous respirable, poorly soluble particles, subcategory titanium dioxide, EPA identified concerns for lung toxicity from lung overload if workers inhale the PMN substance. As described in the PMN, worker inhalation exposure will be minimal due to the use of adequate personal protective equipment. 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 serious health effects may result fromuse of the substance without a NIOSHapproved respirator with an APF of at least 10 where there is potential inhalation exposure or use of the substance other than as a raw material intermediate used in the manufacture of polymerized pigments. 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) with a 60–day holding period would help characterize the human health effects of the PMN substance. A carcinogenicity test (OPPTS Test Guideline 870.4200) conducted via inhalation may be recommended, if the 90–day inhalation toxicity test indicates carcinogenic potential. Test reports should include protocols approved by EPA, certificate of analysis for the test substance, raw data, and results.

CFR citation: 40 CFR 721.10222. PMN Number P–09–582 Chemical name: Styrenyl surface treated manganese ferrite with acrylic ester polymer (generic). CAS number: Not available. Basis for action: The PMN states that the substance will be used as a polymerized pigment used in the manufacture of electronic inks. Based on test data on analogous respirable, poorly soluble particles, subcategory titanium dioxide, EPA identified concerns for lung toxicity from lung overload if workers inhale the PMN substance. As described in the PMN, worker inhalation exposure will be minimal due to the use of adequate personal protective equipment. 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 serious health effects may result fromuse of the substance without a NIOSHapproved respirator with an APF of at least 10 where there is potential inhalation exposure or use of the substance other than as a polymerized pigment used in the manufacture of electronic inks may result in 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) with a 60–day holding period would help characterize the health effects of the PMN substance. A carcinogenicity test (OPPTS Test Guideline 870.4200) conducted via inhalation may be recommended, if the 90–day inhalation toxicity test indicates carcinogenic potential. Test reports should include protocols approved by EPA, certificate of analysis for the test substance, raw data, and results.

CFR citation: 40 CFR 721.10223. PMN Number P–10–9 Chemical name: Diglycidylaniline (generic). CAS number: Not available. Basis for action: The PMN states that the substance will be used as a reactive epoxide for use in producing reinforced composites (open/non-dispersive use). Based on test data on the PMN substance, EPA identified concerns for mutagenicity. Based on test data on analogous epoxides, EPA identified concerns for oncogenicity, mutagenicity, developmental toxicity, reproductive toxicity, liver and kidney toxicity, and skin and lung sensitization. As described in the PMN, worker inhalation exposure is not expected and dermal exposure will be minimal due to the use of adequate personal protective equipment. Additionally, based on test data on the PMN substance, EPA predicts toxicity to aquatic organisms may occur at concentrations that exceed 5 ppb of the PMN substance in surface waters. As described in the PMN, the substance will not be released to surface waters. Therefore, EPA has not determined that the proposed manufacturing, processing, or use of the substance may present an unreasonable risk. EPA has determined, however, that 1) any use of the substance without the use of impervious gloves where there is potential for dermal exposure may cause serious health effects, 2) manufacture, processing, or use of the substance in a powder form may cause serious health effects, and 3) any use of the substance


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resulting in release to surface waters 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)(i), (b)(3)(ii), and (b)(4)(i). Recommended testing: EPA has determined that the results of the following tests would help characterize the human health and environmental effects of the PMN substance: A carcinogenicity test (OPPTS Test Guideline 870.4200); a 90–day dermal toxicity test (OPPTS Test Guideline 870.3250) in rats, with attention to pathology of the reproductive organs; a fish early-life stage toxicity test (OPPTS Test Guideline 850.1400); and a daphnid chronic toxicity test (OPPTS Test Guideline 850.1300). All aquatic toxicity testing should be performed using the flow-through method with mean measured concentrations. Test reports should include protocols approved by EPA, certificate of analysis for the test substance, raw data, and results.

CFR citation: 40 CFR 721.10224. PMN Number P–10–14 Chemical name: Quino[2,3-b] acridine7,14-dione, 2,9-dichloro-5,12-dihydro [4-[[2-(sulfooxy) ethyl] substituted] phenyl]-, sodium salt (1:1) (generic). CAS number: Not available. Basis for action: The PMN states that the generic (non-confidential) use of the substance will be as a colorant raw material. Based on test data on analogous respirable, poorly soluble particulates, EPA identified concerns for lung effects from inhalation exposure to the PMN substance. Based on physical properties of the PMN substance, EPA identified concerns for potential systemic effects from dermal exposure to the PMN substance. For the use described in the PMN, dermal and inhalation exposures 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 use of the substance by workers not wearing impervious gloves and eye protection, use of the substance other than as described in the PMN, or use of the substance in powder form may cause serious health effects. Based on this information, the PMN substances 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) would help characterize the human health effects of the PMN substance. The test should be modified to add a post-exposure observation period of up to 3 months. In addition to the standard requirements in the test guideline, evaluation should include markers of damage, oxidant stress, cell proliferation, the degree/ intensity and duration of pulmonary inflammation, cytotoxic effects and histopathology of pulmonary tissues. Test reports should include protocols approved by EPA, certificate of analysis for the test substance, raw data, and results.
CFR citation: 40 CFR 721.10225.
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 one of the 25 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 substance. The basis for such findings is outlined in Unit IV. Based on these findings, a TSCA section 5(e) consent order requiring the use of appropriate exposure controls was negotiated with the PMN submitter. The SNUR provisions for this chemical substance are consistent with the provisions of the TSCA section 5(e) consent order. This SNUR is promulgated pursuant to § 721.160.

In the other 24 cases, where the uses are not regulated under a TSCA section 5(e) consent order, EPA determined that one or more of the criteria of concern established at § 721.170 were met, as discussed in Unit IV.

B. Objectives

EPA is issuing these SNURs for specific chemical substances which have undergone premanufacture review because the Agency wants to achieve the following objectives with regard to the significant new uses designated in this rule:

• EPA will receive notice of any person’s intent to manufacture, import, or process a listed chemical substance for the described significant new use before that activity begins.

• EPA will have an opportunity to review and evaluate data submitted in a SNUN before the notice submitter begins manufacturing, importing, or processing a listed chemical substance for the described significant new use.

• EPA will be able to regulate prospective manufacturers, importers, or processors of a listed chemical substance before the described significant new use of that chemical substance occurs, provided that regulation is warranted pursuant to TSCA sections 5(e), 5(f), 6, or 7.

• EPA will ensure that all manufacturers, importers, and processors of the same chemical substance that is subject to a TSCA section 5(e) consent order are subject to similar requirements.

Issuance of a SNUR for a chemical substance does not signify that the chemical substance is listed on the TSCA Inventory. Guidance on how to determine if a chemical substance is on the TSCA Inventory is available on the
Internet at http://www.epa.gov/opptintr/ newchems/pubs/invntory.htm

. 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 November 19, 2010 without further notice, unless EPA receives written adverse or critical comments, or notice of intent to submit adverse or critical comments before October 20, 2010.

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 October 20, 2010, 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 September 20,

2010.

To establish a significant ‘‘ new ’’ use, EPA must determine that the use is not ongoing. The chemical substances subject to this rule have undergone premanufacture review. A TSCA section 5(e) consent order has been issued for one chemical substance and the PMN


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submitters are prohibited by the TSCA section 5(e) consent order 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, 13 of the 25 chemical substances contained in this rule have CBI chemical identities, and since EPAhas 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 Federal Register of April 24, 1990, EPA has decided that the intent of TSCA section 5(a)(1)(B) is best served by designating a use as a significant new use as of the date of publication of this direct final rule rather than as of the effective date of the rule. If uses begun after publication were considered ongoing rather than new, it would be difficult for EPA to establish SNUR notice requirements because a person could defeat the SNUR by initiating the significant new use before the rule became effective, and then argue that the use was ongoing before the effective date of the rule. Thus, persons who begin commercial manufacture, import, or processing of the chemical substances regulated through this SNUR will have to cease any such activity before the effective date of this rule. To resume their activities, these persons would have to comply with all applicable SNUR notice requirements and wait until the notice review period, including all extensions, expires (see Unit III.).

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 the development of any particular test data before submission of a SNUN. There are two exceptions: 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)); and 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 section 4 test rule or a 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 40 CFR 720.50).

However, upon review of PMNs and SNUNs, the Agency has the authority to require appropriate testing. In cases where EPA issued a TSCA section 5(e) consent order that requires or recommends certain testing, Unit IV. lists those tests. Unit IV. also lists recommended testing for non-5(e) SNURs. Descriptions of tests are provided for informational purposes. EPA strongly encourages persons, before performing any testing, to consult with the Agency pertaining to protocol selection. To access the harmonized test guidelines referenced in this document electronically, please go to http:// www.epa.gov/ocspp and select ‘‘ Test Methods and Guidelines. ’’ The Organisation 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

.

In the TSCA section 5(e) consent order for one of the chemical substances regulated under this rule, EPA has established restrictions in view of the lack of data on the potential health and environmental risks that may be posed by the significant new use or increased exposure to the chemical substance. These restrictions cannot be removed unless the PMN submitter first submits the results of toxicity tests that would permit a reasoned evaluation of the potential risks posed by this chemical substance. A listing of the tests specified in the TSCA section 5(e) consent order is included in Unit IV. The SNUR contains the same restrictions as the TSCA section 5(e) consent order.Persons who intend to begin nonexempt commercial manufacture, import, or processing for any of the restricted activities must notify the Agency by submitting a SNUN at least 90 days in advance of commencement of that activity.

The recommended tests may not be the only means of addressing the potential risks of the chemical substance. However, SNUN submitting for significant new use 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. This rule cross-references § 721.1725(b)(1) and is similar to that in § 721.11 for situations where the chemical identity of the chemical substance subject to a SNUR is CBI. This procedure is cross-referenced in each SNUR that includes specific significant new uses that are CBI.

Under these procedures a manufacturer, importer, or processor may request EPA to determine whether a proposed use would be a significant new use under the rule. The manufacturer, importer, or processor must show that it has a bona fide intent to manufacture, import, or process the chemical substance and must identify the specific use for which it intends to manufacture, import, or process the chemical substance. If EPA concludes that the person has shown a bona fide intent to manufacture, import, or process the chemical substance, EPA will tell the person whether the use identified in the bona fide submission would be a significant new use under the rule. Since most of the chemical identities of the chemical substances subject to these SNURs are also CBI, manufacturers, importers, and processors can combine the bona fide


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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

As stated in Unit II.C., according to § 721.1(c), persons submitting a SNUN must comply with the same notice requirements and EPA regulatory procedures as persons submitting a PMN, including submission of test data on health and environmental effects as described in § 720.50. SNUNs must be submitted to EPA, on EPA Form No. 7710–25 in accordance with the procedures set forth in §§ 721.25 and 720.40. This form is available from the Environmental Assistance Division (7408M), 1200 Pennsylvania Ave., NW., Washington, DC 20460–0001. Forms and information are also 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.

XII. Statutory and Executive Order
Reviews

A. Executive Order 12866

This rule establishes SNURs for several new chemical substances that were the subject of PMNs, or TSCA section 5(e) consent orders. The Office of Management and Budget (OMB) has exempted these types of actions from review under Executive Order 12866, entitled Regulatory Planning and
Review (58 FR 51735, October 4, 1993). B. Paperwork Reduction Act

According to the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et

seq ., an Agency may not conduct or sponsor, and a person is not required to respond to a collection of information that requires OMB approval under the 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
Pursuant to section 605(b) of the Regulatory Flexibility Act (RFA) (5
U.S.C. 601 et seq .), the Agency hereby certifies that promulgation of these SNURs will not have a significant adverse economic impact on a substantial number of small entities. The rationale supporting this conclusion is discussed in this unit. The requirement to submit a SNUN applies to any person (including small or large entities) who intends to engage in any activity described in the rule as a

‘‘ significant new use. ’’ Because these

uses are ‘‘ new, ’’ based on all information currently available to EPA, it appears that no small or large entities presently engage in such activities. A SNUR requires that any person who intends to engage in such activity in the future must first notify EPA by submitting a SNUN. Although some small entities may decide to pursue a significant new use in the future, EPA cannot presently determine how many, if any, there may be. However, EPA’s experience to date is that, in response to the promulgation of over 1,400 SNURs, the Agency receives on average only 5 notices per year. Of those SNUNs submitted from 2006–2008, only one appears to be from a small entity. In addition, the estimated reporting cost for submission of a SNUN (see Unit XII.) is minimal regardless of the size of the firm. Therefore, EPA believes that the potential economic impacts of complying with these SNURs are not expected to be significant or adversely impact a substantial number of small entities. In a SNUR that published in the Federal Register of June 2, 1997 (62 FR 29684) (FRL–5597– 1), the Agency presented its general determination that final SNURs are not expected to have a significant economic impact on a substantial number of small entities, which was provided to the Chief Counsel for Advocacy of the Small Business Administration.
D. Unfunded Mandates Reform Act

Based on EPA’s experience with proposing and finalizing SNURs, State, local, and Tribal governments have not been impacted by these rulemakings, and EPA does not have any reasons to believe that any State, local, or Tribal government will be impacted by this rule. As such, EPA has determined that this rule does not impose any enforceable duty, contain any unfunded mandate, or otherwise have any affect on small governments subject to the requirements of sections 202, 203, 204, or 205 of the Unfunded Mandates Reform Act of 1995 (UMRA) (Public Law 104–4).


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E. Executive Order 13132

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

F. Executive Order 13175

This rule does not have Tribal implications because it is not expected to have substantial direct effects on Indian Tribes. This does not significantly or 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

In addition, since this action does not involve any technical standards, section 12(d) of the National Technology Transfer and Advancement Act of 1995 (NTTAA), Public Law 104–113, section 12(d) (15 U.S.C. 272 note), does not apply to this action.

J. Executive Order 12898

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

XIII. Congressional Review Act

The Congressional Review Act, 5
U.S.C. 801 et seq ., generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register . This rule is not a

‘‘ major rule ’’ as defined by 5 U.S.C. 804(2).

List of Subjects

40 CFR Part 9

Environmental protection, Reporting and recordkeeping requirements.
40 CFR Part 721

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

Dated: September 10, 2010. Wendy C. Hamnett, Director, Office of Pollution Prevention and
Toxics.

■ Therefore, 40 CFR parts 9 and 721 are amended as follows:

**PART 9—[AMENDED]**

■ 1. The authority citation for part 9 continues to read as follows:

Authority: 7 U.S.C. 135 et seq ., 136–136y; 15 U.S.C. 2001, 2003, 2005, 2006, 2601–2671; 21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33
U.S.C. 1251 et seq ., 1311, 1313d, 1314, 1318, 1321, 1326, 1330, 1342, 1344, 1345 (d) and (e), 1361; E.O. 11735, 38 FR 21243, 3 CFR, 1971–1975 Comp. p. 973; 42 U.S.C. 241, 242b, 243, 246, 300f, 300g, 300g–1, 300g–2, 300g–3, 300g–4, 300g–5, 300g–6, 300j–1, 300j–2, 300j–3, 300j–4, 300j–9, 1857 et seq

., 6901–6992k, 7401–7671q, 7542, 9601–9657,
11023, 11048.

■ 2. The table in § 9.1 is amended by adding the following sections in numerical order under the undesignated center heading ‘‘ Significant New Uses of Chemical Substances ’’ to read as follows:

**§ 9.1 OMB approvals under the Paperwork**
**Reduction Act.**

* * * * *

40 CFR citation OMB control No.

* * * * *

. 40 CFR citation OMB control No.

**Significant New Uses of Chemical Substances** 

* * * * *

721.10201 ....................... 2070–0012
721.10202 ....................... 2070–0012
721.10203 ....................... 2070–0012
721.10204 ....................... 2070–0012
721.10205 ....................... 2070–0012
721.10206 ....................... 2070–0012
721.10207 ....................... 2070–0012
721.10208 ....................... 2070–0012
721.10209 ....................... 2070–0012
721.10210 ....................... 2070–0012
721.10211 ....................... 2070–0012
721.10212 ....................... 2070–0012
721.10213 ....................... 2070–0012
721.10214 ....................... 2070–0012
721.10215 ....................... 2070–0012
721.10216 ....................... 2070–0012
721.10217 ....................... 2070–0012
721.10218 ....................... 2070–0012
721.10219 ....................... 2070–0012
721.10220 ....................... 2070–0012
721.10221 ....................... 2070–0012
721.10222 ....................... 2070–0012
721.10223 ....................... 2070–0012
721.10224 ....................... 2070–0012
721.10225 ....................... 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 § 721.10201 to subpart E to read as follows:

**§ 721.10201 Cobalt lithium manganese**
**nickel oxide.**

(a) Chemical substance and significant new uses subject to reporting

. (1) The chemical substance identified as cobalt lithium manganese nickel oxide (PMN P–04–269; CAS No. 182442–95–1) is subject to reporting under this section for the significant new uses described in paragraph (a)(2) of this section. The requirements of this section do not apply to quantities of the PMN substance after it has been completely reacted (cured).

(2) The significant new uses are: (i) Protection in the workplace

. Requirements as specified in § 721.63 (a)(1), (a)(2)(i), (a)(3), (a)(4), (a)(5), (a)(6), (b) (concentration set at 0.1 percent), and (c). Respirators must provide a National Institute for Occupational Safety and Health (NIOSH) assigned protection factor (APF) of at least 150. The following NIOSH-approved respirators meet the requirements of § 721.63(a)(4): Supplied-air respirator


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operated in pressure demand or other positive pressure mode and equipped with a tight-fitting full facepiece. As an alternative to the respirator requirements listed here, a manufacturer, importer, or processor may choose to follow the New Chemical Exposure Limit (NCEL) provisions listed in the Toxic Substances Control Act (TSCA) section 5(e) consent order for this substance. The NCEL is 0.1 mg/m 3 as an 8–hour time-weighted average. Persons who wish to pursue NCELs as an alternative to the § 721.63 respirator 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 listed in the corresponding section 5(e) consent order.

(ii) Hazard communication program

. Requirements as specified in § 721.72 (a), (b), (c), (d), (e) (concentration set at 0.1 percent), (f), (g)(1)(i), (g)(1)(ii), (g)(1)(vii),(g)(1)(ix), (g)(2), (g)(3), (g)(4)(iii), and (g)(5).

(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), (d), (e), (f), (g), (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.

■ 5. Add § 721.10202 to subpart E to read as follows:

**§ 721.10202 Benzoic acid, 4-chloro-2- [(substituted)azo]-, strontium salt (1:1)**  **(generic).**

(a) Chemical substance and significant new uses subject to reporting

. (1) The chemical substance identified generically as benzoic acid, 4-chloro-2- [(substituted)azo]-, strontium salt (1:1) (PMN P–08–701) is subject to reporting under this section for the significant new uses described in paragraph (a)(2) of this section.

(2) The significant new uses are: (i) Industrial, commercial, and
consumer activities . Requirements as specified in § 721.80(j).

(ii) [Reserved] (b) Specific requirements . The provisions of subpart A of this part apply to this section except as modified by this paragraph. (1) Recordkeeping . Recordkeeping requirements as specified in § 721.125 (a), (b), (c), and (i) are applicable to manufacturers, importers, and processors of this substance.

(2) Limitations or revocation of certain notification requirements . The provisions of § 721.185 apply to this
section.

(3) Determining whether a specific use is subject to this section . The provisions of § 721.1725(b)(1) apply to this section.

■ 6. Add § 721.10203 to subpart E to read as follows:

**§ 721.10203 Phosphonium, tetrabutyl-, hydroxide (1:1).** 

(a) Chemical substance and significant new uses subject to reporting

. (1) The chemical substance identified as phosphonium, tetrabutyl-, hydroxide (1:1) (PMN P–08–742; CAS No. 14518– 69–5) 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) Release to water. Requirements as specified in § 721.90 (a)(1), (b)(1), and (c)(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.

■ 7. Add § 721.10204 to subpart E to read as follows:

**§ 721.10204 Aryloxyacrylate (generic).**

(a) Chemical substance and significant new uses subject to reporting

. (1) The chemical substance identified generically as aryloxyacrylate (PMN P– 08–754) 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.

■ 8. Add § 721.10205 to subpart E to read as follows:

**§ 721.10205 Formaldehyde, polymer with 1,3-benzenediol and 1,1**  ′ **- methylenebis[isocyanatobenzene].** 

(a) Chemical substance and significant new uses subject to reporting

. (1) The chemical substance identified as formaldehyde, polymer with 1,3- benzenediol and 1,1 ′
- methylenebis[isocyanatobenzene] (PMN P–09–4; CAS No. 1067881–45–1) is subject to reporting under this section for the significant new uses described in paragraph (a)(2) of this section.

(2) The significant new uses are: (i) Release to water. Requirements as specified in § 721.90 (a)(1), (b)(1), and (c)(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.

■ 9. Add § 721.10206 to subpart E to read as follows:

**§ 721.10206 4-Cyclohexene-1,2- dicarboxylic acid, 1,2-bis(2-oxiranylmethyl)** 

**ester.**

(a) Chemical substance and significant new uses subject to reporting

. (1) The chemical substance identified as 4-cyclohexene-1,2-dicarboxylic acid, 1,2-bis(2-oxiranylmethyl) ester (PMN P– 09–19; CAS No. 21544–03–6) is subject to reporting under this section for the significant new uses described in paragraph (a)(2) of this section.

(2) The significant new uses are: (i) Protection in the workplace

. Requirements as specified in § 721.63 (a)(1), (a)(2)(i), (a)(2)(iii), (a)(3), (b) (concentration set at 0.1 percent), and (c).

(ii) Hazard communication program

. Requirements as specified in § 721.72 (c), (e) (concentration set at 0.1 percent), (g)(1)(i), (g)(1)(iv), (g)(1)(vi), (g)(1)(vii), (g)(2)(i) and (g)(2)(v).

(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


### 57183 Federal Register / Vol. 75, No. 181 / Monday, September 20, 2010 / Rules and Regulations

(a), (b), (c), (d), (e), (f), and (h) 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 § 721.10207 to subpart E to read as follows:

**§ 721.10207 1,3- Cyclohexanedimethanamine, N1,N3-bis(2-**  **methylpropylidene)-.**

(a) Chemical substance and significant new uses subject to reporting

. (1) The chemical substance identified as 1,3-cyclohexanedimethanamine, N1,N3- bis(2-methylpropylidene)- (PMN P–09– 38; CAS No. 173904–11–5) 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) Release to water. Requirements as specified in § 721.90 (a)(1), (b)(1), and (c)(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.

■ 11. Add § 721.10208 to subpart E to read as follows:

**§ 721.10208 Amines, di-C11-14-isoalkyl, C13-rich.** 

(a) Chemical substance and significant new uses subject to reporting

. (1) The chemical substance identified as amines, di-C11-14-isoalkyl, C13-rich (PMN P–09–71; CAS No. 1005516–89–1) is subject to reporting under this section for the significant new uses described in paragraph (a)(2) of this section.

(2) The significant new uses are: (i) Release to water. Requirements as specified in § 721.90 (a)(4), (b)(4), and (c)(4) (N=2).

(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.

■ 12. Add § 721.10209 to subpart E to read as follows:

**§ 721.10209 Epoxy terminated, hydrolyzed trialkoxysilane and glycidyl ether of phenol**  **formaldehyde resin (generic).**

(a) Chemical substance and significant new uses subject to reporting

. (1) The chemical substance identified generically as epoxy terminated, hydrolyzed trialkoxysilane and glycidyl ether of phenol-formaldehyde resin (PMN P–09–120) 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)(1), (b)(1), and (c)(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.

■ 13. Add § 721.10210 to subpart E to read as follows:

**§ 721.10210 Soybean oil, epoxidized, reaction products with diethanolamine.** 

(a) Chemical substance and significant new uses subject to reporting

. (1) The chemical substance identified as soybean oil, epoxidized, reaction products with diethanolamine (PMN P– 09–130; CAS No. 1002761–12–7) 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) Release to water. Requirements as specified in § 721.90 (a)(1), (b)(1), and (c)(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.

■ 14. Add § 721.10211 to subpart E to read as follows: **§ 721.10211 Octadecanoic acid, reaction products with diethylenetriamine and urea,** 

**acetates.**

(a) Chemical substance and significant new uses subject to reporting

. (1) The chemical substance identified as octadecanoic acid, reaction products with diethylenetriamine and urea, acetates (PMN P–09–172; CAS No. 84962–05–0) is subject to reporting under this section for the significant new uses described in paragraph (a)(2) of this section.

(2) The significant new uses are: (i) Industrial, commercial, and
consumer activities . Requirements as specified in § 721.80(s) (10,000 kilograms).

(ii) [Reserved] (b) Specific requirements . The provisions of subpart A of this part apply to this section except as modified by this paragraph.

(1) Recordkeeping . Recordkeeping requirements as specified in § 721.125 (a), (b), (c), and (i) are applicable to manufacturers, importers, and processors of this substance.

(2) Limitations or revocation of certain notification requirements . The provisions of § 721.185 apply to this
section.

■ 15. Add § 721.10212 to subpart E to read as follows:

**§ 721.10212 1,2-Ethanediol, reaction products with epichlorohydrin.** 

(a) Chemical substance and significant new uses subject to reporting

. (1) The chemical substance identified as 1,2-ethanediol, reaction products with epichlorohydrin (PMN P–09–241; CAS No. 705265–31–2) 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) Industrial, commercial, and
consumer activities . Requirements as specified in § 721.80(s) (100,000 kilograms).

(ii) [Reserved] (b) Specific requirements . The provisions of subpart A of this part apply to this section except as modified by this paragraph.

(1) Recordkeeping . Recordkeeping requirements as specified in § 721.125 (a), (b), (c), and (i) are applicable to manufacturers, importers, and processors of this substance.

(2) Limitations or revocation of certain notification requirements . The provisions of § 721.185 apply to this
section.

■ 16. Add § 721.10213 to subpart E to read as follows:


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**§ 721.10213 Polyether polyester copolymer phosphate (generic).** 

(a) Chemical substance and significant new uses subject to reporting

. (1) The chemical substance identified generically as polyether polyester copolymer phosphate (PMN P–09–253) 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)(1), (b)(1), and (c)(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.

■ 17. Add § 721.10214 to subpart E to read as follows:

**§ 721.10214 Poly(oxyalkylenediyl),.alpha.- substituted carbomonocycle-.omega.-**  **substituted carbomonocycle (generic).**

(a) Chemical substance and significant new uses subject to reporting

. (1) The chemical substance identified generically as poly(oxyalkylenediyl),.alpha.- substituted carbomonocycle-.omega.- substituted carbomonocycle (PMN P– 09–286) 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)(1), (b)(1), and (c)(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.

■ 18. Add § 721.10215 to subpart E to read as follows:

**§ 721.10215 Benzenepropanol, .beta.- methyl-.** 

(a) Chemical substance and significant new uses subject to reporting

. (1) The chemical substance identified as benzenepropanol, .beta.-methyl- (PMN P–09–385; CAS No.7384–80–7) 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)(2)(i), (a)(3), (b) (concentration set at 1.0 percent), and (c).

(ii) Industrial, commercial, and
consumer activities . Requirements as specified in § 721.80(g).

(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), (d), (e), 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.

■ 19. Add § 721.10216 to subpart E to read as follows:

**§ 721.10216 2-Propenoic acid, 3-(5,5,6- trimethylbicyclo[2.2.1]hept-2-yl)cyclohexyl**  **ester].**

(a) Chemical substance and significant new uses subject to reporting

. (1) The chemical substance identified as 2-propenoic acid, 3-(5,5,6- trimethylbicyclo[2.2.1]hept-2- yl)cyclohexyl ester (PMN P–09–411; CAS No. 903876–45–9) 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) Disposal . Requirements as specified in § 721.85 (a)(1), (b)(1), and (c)(1).

(ii) 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), (j), 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.

■ 20. Add § 721.10217 to subpart E to read as follows:

**§ 721.10217 Branched and linear alcohols (generic).** 

(a) Chemical substance and significant new uses subject to reporting

. (1) The chemical substance identified generically as branched and linear alcohols (PMN P–09–426) 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.

■ 21. Add § 721.10218 to subpart E to read as follows:

**§ 721.10218 2-Propenoic acid, 2-mehtyl-, C12-15-branched and linear alkyl esters,**  **telomers with alkyl 2- [[(alkylthio)thioxomethyl]thio]-2-alkanoate,**  **aminoalkyl methacrylate and alkyl methacrylate, tert-Bu 2-**  **ethylhexanoperoxoate-initiated (generic).**

(a) Chemical substance and significant new uses subject to reporting

. (1) The chemical substance identified generically as 2-propenoic acid, 2- methyl-, C12-15-branched and linear alkyl esters, telomers with alkyl 2- [[(alkylthio)thioxomethyl]thio]-2- alkanoate, aminoalkyl methacrylate and alkyl methacrylate, tert-Bu 2- ethylhexanoperoxoate-initiated (PMN P–09–436) 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)(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.

■ 22. Add § 721.10219 to subpart E to read as follows:


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**§ 721.10219 Butanamide,N-[substituted phenyl]-[(alkoxynitrophenyl)diazenyl]-3-**  **oxo- (generic).**

(a) Chemical substance and significant new uses subject to reporting

. (1) The chemical substance identified generically as butanamide,N- [substituted phenyl]- (alkoxynitrophenyl)diazenyl]-3-oxo- (PMN P–09–451) 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)(1), (b)(1), and (c)(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.

■ 23. Add § 721.10220 to subpart E to read as follows:

**§ 721.10220 Phosphoric acid, polymer with cycloaliphatic diglycidyl ether, alkylethers**  **(generic).**

(a) Chemical substance and significant new uses subject to reporting

. (1) The chemical substance identified generically as phosphoric acid, polymer with cycloaliphatic diglycidyl ether, alkylethers (PMN P–09–478) 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)(1), (b)(1), and (c)(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.

■ 24. Add § 721.10221 to subpart E to read as follows:

**§ 721.10221 3-Nonen-1-ol, 1-acetate, (3Z)-.**

(a) Chemical substance and significant new uses subject to reporting

. (1) The chemical substance identified as 3-nonen-1-ol, 1-acetate, (3Z)- (PMN P– 09–542; CAS No. 13049–88–2) is subject to reporting under this section for the significant new uses described in paragraph (a)(2) of this section.

(2) The significant new uses are: (i) Release to water. Requirements as specified in § 721.90 (a)(4), (b)(4), and (c)(4) (N=9).

(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.

■ 25. Add § 721.10222 to subpart E to read as follows:

**§ 721.10222 Styrenyl surface treated manganese ferrite (generic).** 

(a) Chemical substance and significant new uses subject to reporting

. (1) The chemical substance identified generically as styrenyl surface treated manganese ferrite (PMN P–09–581) 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)(4), (a)(5), (a)(6), (b) (concentration set at 1.0 percent), and (c). Respirators must provide a National Institute for Occupational Safety and Health (NIOSH) assigned protection factor (APF) of at least 10. The following NIOSH-approved respirators with an APF of 10–25 meet the minimumrequirements for § 721.63(a)(4): Airpurifying, tight-fitting respirator equipped with N100 (if oil aerosols absent), R100, or P100 filters (either half- or full-face); powered air-purifying respirator equipped with a loose-fitting hood or helmet and High Efficiency Particulate Air (HEPA) filters; powered air-purifying respirator equipped with a tight-fitting facepiece (either half- or full-face) and HEPA filters; supplied-air respirator operated in pressure demand or continuous flow mode and equipped with a hood or helmet, or tight-fitting facepiece (either half- or full-face).

(ii) Industrial, commercial, and
consumer activities . Requirements as specified in § 721.80(j) (raw material intermediate used in the manufacture of polymerized pigments). (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), (d), 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.

■ 26. Add § 721.10223 to subpart E to read as follows:

**§ 721.10223 Styrenyl surface treated manganese ferrite with acrylic ester**  **polymer (generic).**

(a) Chemical substance and significant new uses subject to reporting

. (1) The chemical substance identified generically as styrenyl surface treated manganese ferrite with acrylic ester polymer (PMN P–09–582) 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)(4), (a)(5), (a)(6), (b) (concentration set at 1.0 percent), and (c). Respirators must provide a National Institute for Occupational Safety and Health (NIOSH) assigned protection factor (APF) of at least 10. The following NIOSH-approved respirators with an APF of 10–25 meet the minimumrequirements for § 721.63(a)(4): Airpurifying, tight-fitting respirator equipped with N100 (if oil aerosols absent), R100, or P100 filters (either half- or full-face); powered air-purifying respirator equipped with a loose-fitting hood or helmet and High Efficiency Particulate Air (HEPA) filters; powered air-purifying respirator equipped with a tight-fitting facepiece (either half- or full-face) and HEPA filters; supplied-air respirator operated in pressure demand or continuous flow mode and equipped with a hood or helmet, or tight-fitting facepiece (either half- or full-face).

(ii) Industrial, commercial, and
consumer activities . Requirements as specified in § 721.80(j) (polymerized pigment used in the manufacture of electronic inks).

(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), (d), and (i) are applicable to manufacturers, importers, and processors of this substance.


### 57186 Federal Register / Vol. 75, No. 181 / Monday, September 20, 2010 / Rules and Regulations

(2) Limitations or revocation of certain notification requirements . The provisions of § 721.185 apply to this
section.

■ 27. Add § 721.10224 to subpart E to read as follows:

**§ 721.10224 Diglycidylaniline (generic).**

(a) Chemical substance and significant new uses subject to reporting

. (1) The chemical substance identified generically as diglycidylaniline (PMN P–10–9) 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)(2)(i), (a)(3), (b) (concentration set at 0.1 percent), and (c).

(ii) Industrial, commercial, and
consumer activities . Requirements as specified in § 721.80 (v)(1), (w)(1), and (x)(1).

(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), (d), (e), (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.

■ 28. Add § 721.10225 to subpart E to read as follows:

**§ 721.10225 Quino[2,3-b] acridine-7,14- dione, 2,9-dichloro-5,12-dihydro [4-[[2-**  **(sulfooxy) ethyl] substituted] phenyl]-, sodium salt (1:1) (generic).** 

(a) Chemical substance and significant new uses subject to reporting

. (1) The chemical substance identifiedgenerically as quino[2,3-b] acridine7,14-dione, 2,9-dichloro-5,12-dihydro [4-[[2-(sulfooxy) ethyl] substituted] phenyl]-, sodium salt (1:1) (PMN P–10– 14) 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)(2)(i), (a)(2)(iii), (a)(3), (b) (concentration set at 1.0 percent), and (c).

(ii) Industrial, commercial, and
consumer activities . Requirements as specified in § 721.80 (j), (v)(1), (w)(1), and (x)(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), (d), (e), 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 this section.

[FR Doc. 2010–23415 Filed 9–17–10; 8:45 am]

**BILLING CODE 6560–50–S**

**ENVIRONMENTAL PROTECTION AGENCY** 

**40 CFR Part 52**

**[EPA–R04–OAR–2010–0203–201035; FRL–9202–9]** 

**Approval and Promulgation of Implementation Plans and**  **Designations of Areas for Air Quality Planning Purposes; Alabama:**  **Birmingham; Determination of Attaining Data for the 2006 24-Hour**  **Fine Particulate Standard**

**AGENCY :**  Environmental Protection Agency (EPA).

**ACTION :**  Final rule.

**SUMMARY :**  On February 24, 2010, the State of Alabama, through the Alabama Department of Environmental Management (ADEM), submitted a request to EPA to make a determination that the Birmingham, Alabama, nonattainment area has attained the 24-hour fine particulate matter (PM 2.5 ) National Ambient Air Quality Standard (NAAQS) based on quality assured, quality controlled monitoring data from 2007–2009. The Birmingham, Alabama, 2006 24-hour PM 2.5 nonattainment area (hereafter referred to as ‘‘ the Birmingham Area ’’ ) is comprised of Jefferson and Shelby Counties in their entireties, and a portion of Walker County in Alabama. In this action, EPA is taking final action to determine that the Birmingham Area has attained the 2006 24-hour PM 2.5 NAAQS. This clean data determination is based upon complete, quality assured, quality controlled, and certified ambient air monitoring data for the years 2007–2009 showing that the Birmingham Area has monitored attainment of the 2006 24-hour PM 2.5 NAAQS.

**DATES :**  Effective Date: This final rule is effective on October 20, 2010. **ADDRESSES :**  EPA has established a docket for this action under Docket ID Number EPA–R04–OAR–2010–0203. All documents in the docket are listed in the http://www.regulations.gov Web site. Although listed in the electronic docket, some information is not publicly available, i.e., confidential business information or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through http://www.regulations.gov or in hard copy for public inspection during normal business hours at the Regulatory Development Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303–8960.

**FOR FURTHER INFORMATION CONTACT :**  Sara Waterson, Regulatory Development Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303–8960. Ms. Waterson may be reached by phone at (404) 562–9061 or via electronic mail at waterson.sara@epa.gov.

**SUPPLEMENTARY INFORMATION :**  I. What action is EPA taking? II. What is the effect of this action? III. What is EPA’s final action? IV. What are the statutory and Executive order reviews?
I. What action is EPA taking?

EPA is taking final action to determine that the Birmingham Area (comprised of Jefferson and Shelby Counties in their entireties and a portion of Walker County) has attaining data for the 2006 24-hour PM 2.5 NAAQS. This clean data determination is based upon quality assured, quality controlled and certified ambient air monitoring data that shows the Area has monitored attainment of the 2006 24-hour PM 2.5 NAAQS based on the 2007–2009 data. While still preliminary, the available 2010 24-hour PM 2.5 data also monitored attainment for the 2006 24-hour PM 2.5 standard.

Other specific requirements of the clean data determination and the rationale for EPA’s action are explained in the notice of proposed rulemaking (NPR) published on June 14, 2010 (75 FR 33562) and will not be restated here. The comment period closed on July 14, 2010. No comments, adverse or otherwise, were received in response to the NPR.