Federal Register / Vol. 79, No. 195 / Wednesday, October 8, 2014 / Rules and Regulations 60759 

any RCRA hazardous waste permits or 

portions of permits which EPA issued 

prior to the effective date of this 

authorization until they expire or are 

terminated. EPA will not issue any more 

permits or new portions of permits for 

the provisions listed in the Table above 

after the effective date of this 

authorization. EPA will continue to 

implement and issue permits for HSWA 

requirements for which Florida is not 

authorized. 

J. How does today’s action affect Indian 

Country (18 U.S.C. 1151) in Florida? 

Florida is not authorized to carry out 

its hazardous waste program in Indian 

Country within the State, which 

includes the Seminole Tribe of Florida 

and the Miccosukee Tribe of Indians of 

Florida. EPA will continue to 

implement and administer the RCRA 

program in these lands. 

K. What is codification and is EPA 

codifying Florida’s hazardous waste 

program as authorized in this rule? 

Codification is the process of placing 

the State’s statutes and regulations that 

comprise the State’s authorized 

hazardous waste program into the Code 

of Federal Regulations. EPA does this by 

referencing the authorized State rules in 

40 CFR part 272. EPA is not codifying 

the authorization of Florida’s changes at 

this time. However, EPA reserves the 

amendment of 40 CFR part 272, subpart 

K, for the authorization of Florida’s 

program changes at a later date. 

L. Administrative Requirements 

The Office of Management and Budget 

has exempted this action from the 

requirements of Executive Order 12866 

(58 FR 51735, October 4, 1993), and 

therefore this action is not subject to 

review by OMB. This action authorizes 

State requirements for the purpose of 

RCRA 3006 and imposes no additional 

requirements beyond those imposed by 

State law. Accordingly, I certify that this 

action will not have a significant 

economic impact on a substantial 

number of small entities under the 

Regulatory Flexibility Act (5 U.S.C. 601 

et seq.). Because this action authorizes 

pre-existing requirements under State 

law and does not impose any additional 

enforceable duty beyond that required 

by State law, it does not contain any 

unfunded mandate or significantly or 

uniquely affect small governments, as 

described in the Unfunded Mandates 

Reform Act of 1995 (Pub. L. 104–4). For 

the same reason, this action also does 

not significantly or uniquely affect the 

communities of Tribal governments, as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). This 

action will not have substantial direct 

effects on the 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 (64 

FR 43255, August 10, 1999), because it 

merely authorizes State requirements as 

part of the State RCRA hazardous waste 

program without altering the 

relationship or the distribution of power 

and responsibilities established by 

RCRA. This action also is not subject to 

Executive Order 13045 (62 FR 19885, 

April 23, 1997), because it is not 

economically significant and it does not 

make decisions based on environmental 

health or safety risks. This rule is not 

subject to Executive Order 13211, 

‘‘Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001), because it is not a significant 

regulatory action under Executive Order 

12866. 

Under RCRA 3006(b), EPA grants a 

State’s application for authorization as 

long as the State meets the criteria 

required by RCRA. It would thus be 

inconsistent with applicable law for 

EPA, when it reviews a State 

authorization application, to require the 

use of any particular voluntary 

consensus standard in place of another 

standard that otherwise satisfies the 

requirements of RCRA. Thus, the 

requirements of section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply. As required by 

section 3 of Executive Order 12988 (61 

FR 4729, February 7, 1996), in issuing 

this rule, EPA has taken the necessary 

steps to eliminate drafting errors and 

ambiguity, minimize potential litigation, 

and provide a clear legal standard for 

affected conduct. EPA has complied 

with Executive Order 12630 (53 FR 

8859, March 15, 1988) by examining the 

takings implications of the rule in 

accordance with the ‘‘Attorney 

General’s Supplemental Guidelines for 

the Evaluation of Risk and Avoidance of 

Unanticipated Takings’’ issued under 

the executive order. This rule does not 

impose an information collection 

burden under the provisions of the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.). 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, 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 document 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 in the Federal Register. A 

major rule cannot take effect until 60 

days after it is published in the Federal 

Register. This action is not a ‘‘major 

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

action will be effective December 8, 

2014, unless objections to this 

authorization are received. 

List of Subjects in 40 CFR Part 271 

Environmental protection, 

Administrative practice and procedure, 

Confidential business information, 

Hazardous waste, Hazardous waste 

transportation, Indian lands, 

Intergovernmental relations, Penalties, 

Reporting and recordkeeping 

requirements. 

Authority: This action is issued under the 

authority of sections 2002(a), 3006, and 

7004(b), of the Solid Waste Disposal Act, as 

amended, 42 U.S.C. 6912(a), 6926, and 

6974(b). 

Dated: August 27, 2014. 

Heather McTeer Toney, 

Regional Administrator, Region 4. 

[FR Doc. 2014–24006 Filed 10–7–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 721 

[EPA–HQ–OPPT–2012–0727; FRL–9917–25] 

RIN 2070–AB27 

Significant New Use Rule on Certain 

Chemical Substances; Technical 

Correction 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; technical correction. 

SUMMARY: EPA issued final significant 

new use rules (SNURs) in the Federal 

Register of September 2, 2014 for 36 

chemical substances which were the 

subject of premanufacture notices 

(PMNs). For the chemical substance 

identified generically as diisocyanate 

terminated polycarbodiimide (PMN P– 

04–640), EPA inadvertently omitted the 

de minimus exemption from the worker 

protection requirements. Also, for the 

chemical substance identified 

generically as hexanedioic acid, 

polymer with .alpha.-hydro-.omega.- 

hydroxypoly[oxy(methyl-1,2- 

ethanediyl)],1,1′-methylenebis[4- 

isocyanatobenzene], dihydroxydialkyl 


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60760 Federal Register / Vol. 79, No. 195 / Wednesday, October 8, 2014 / Rules and Regulations 

ether and dialkanol ether (PMN P–11– 

311) a typographical error in the PMN 

number has been identified. The 

amendments in this document are being 

issued to correct the omission and the 

typographical error. 

DATES: This technical correction is 

effective November 3, 2014. 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPPT–2012–0727, is 

available at http://www.regulations.gov 

or at the Office of Pollution Prevention 

and Toxics Docket (OPPT Docket), 

Environmental Protection Agency 

Docket Center (EPA/DC), West William 

Jefferson Clinton Bldg., Rm. 3334, 1301 

Constitution Ave. NW., Washington, 

DC. The Public Reading Room is open 

from 8:30 a.m. to 4:30 p.m., Monday 

through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the OPPT 

Docket is (202) 566–0280. Please review 

the visitor instructions and additional 

information about the docket available 

at http://www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: For 

technical information contact: Jim 

Alwood, Chemical Control Division 

(7405M), Office of Pollution Prevention 

and Toxics, Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW., 

Washington, DC 20460–0001; telephone 

number: (202) 564–8974; email address: 

alwood.jim@epa.gov. 

For general information contact: The 

TSCA-Hotline, ABVI-Goodwill, 422 

South Clinton Ave., Rochester, NY 

14620; telephone number: (202) 554– 

1404; email address: TSCA-Hotline@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Does this action apply to me? 

The Agency included in the 

September 2, 2014 final rule a list of 

those who may be potentially affected 

by this action. 

II. What does this technical correction 

do? 

EPA issued a final rule in the Federal 

Register of September 2, 2014 (79 FR 

51899) (FRL–9914–19) for significant 

new uses for 36 chemical substances 

that were the subject of PMN notices. 

EPA omitted the de minimus exemption 

of 1.0% from the worker protection 

requirements for § 721.10643. EPA also 

erroneously identified the chemical 

substance in the regulatory text for 

§ 721.10653 as being submitted with 

PMN P–09–311. The correct number 

should be PMN P–11–311. This action 

corrects the omission and the 

typographical error. 

III. Why is this correction issued as a 

final rule? 

Section 553 of the Administrative 

Procedure Act (APA) (5 U.S.C. 

553(b)(3)(B)) provides that, when an 

Agency for good cause finds that notice 

and public procedure are impracticable, 

unnecessary or contrary to the public 

interest, the Agency may issue a final 

rule without providing notice and an 

opportunity for public comment. EPA 

has determined that there is good cause 

for making this technical correction 

final without prior proposal and 

opportunity for comment. In Unit V. of 

the September 2, 2014 final rule 

containing EPA’s response to comments, 

EPA stated in the response to comment 

10 that it would include a de minimus 

exemption of 1.0% from the worker 

protection requirements for § 721.10643. 

The typographic error of P–09–311 only 

appears in the regulatory text for 

§ 721.10653. In the proposed rule and 

the preamble to the final rule EPA 

properly identified the chemical 

substance subject to § 721.10653 as 

being submitted with P–11–309, thereby 

making clear the intention of the 

Agency in promulgating the rule. EPA 

finds that this constitutes good cause 

under 5 U.S.C. 553(b)(3)(B). 

IV. Do any of the statutory and 

executive order reviews apply to this 

action? 

No. For a detailed discussion 

concerning the statutory and executive 

order review, refer to Unit X. of the 

September 2, 2014 final rule. 

V. Congressional Review Act 

Pursuant to the Congressional Review 

Act (5 U.S.C. 801 et seq.), EPA will 

submit a report containing this rule and 

other required information to the U.S. 

Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of the rule in the Federal 

Register. This action is not a ‘‘major 

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

List of Subjects in 40 CFR Part 721 

Environmental protection, Chemicals, 

Hazardous substances, Reporting and 

recordkeeping requirements. 

Dated: October 2, 2014. 

Maria J. Doa, 

Director, Chemical Control Division, Office 

of Pollution Prevention and Toxics. 

Therefore, 40 CFR part 721 is 

amended as follows: 

PART 721—[AMENDED] 

■ 1. The authority citation for part 721 

continues to read as follows: 

Authority: 15 U.S.C. 2604, 2607, and 

2625(c). 

■ 2. In § 721.10643, revise paragraph 

(a)(2)(i) to read as follows: 

§ 721.10643 Diisocyanate terminated 

polycarbodiimide (generic). 

(a) * * * 

(2) * * * 

(i) Protection in the workplace. 

Requirements as specified in 

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

(b) (concentration set at 1.0 percent). 

When determining which persons are 

reasonably likely to be exposed as 

required for § 721.63(a)(1) and (4), 

engineering control measures (e.g., 

enclosure or confinement of the 

operation, general and local ventilation) 

or administrative control measures (e.g., 

workplace policies and procedures) 

shall be considered and implemented to 

prevent or reduce exposure, where 

feasible. A National Institute for 

Occupational Safety and Health 

(NIOSH)-certified supplied-air 

respirator operated in pressure demand 

or other positive pressure mode and 

equipped with a tight-fitting full 

facepiece with an assigned protection 

factor (APF) of at least 2,000 meets the 

minimum requirements of 

§ 721.63(a)(4). As an alternative to the 

respiratory requirements listed here, a 

manufacturer, importer, or processor 

may choose to follow the new chemical 

exposure limit (NCEL) provisions listed 

in the TSCA section 5(e) consent order 

for this substance. The NCEL is 0.05 mg/ 

m3. Persons whose § 721.30 requests to 

use the NCELs approach are approved 

by EPA will receive NCELs provisions 

comparable to those contained in the 

corresponding section 5(e) consent 

order. 

* * * * * 

■ 3. In § 721.10653, revise paragraph 

(a)(1) to read as follows: 

§ 721.10653 Hexanedioic acid, polymer 

with .alpha.-hydro-.omega.- 

hydroxypoly[oxy(methyl-1,2- 

ethanediyl)],1,1′-methylenebis[4- 

isocyanatobenzene], dihydroxydialkyl ether 

and dialkanol ether (generic). 

(a) * * * 

(1) The chemical substance identified 

generically as hexanedioic acid, 

polymer with .alpha.-hydro-.omega.- 

hydroxypoly[oxy(methyl-1,2- 

ethanediyl)],1,1′-methylenebis[4- 

isocyanatobenzene], dihydroxydialkyl 

ether and dialkanol ether (PMN P–11– 

311) is subject to reporting under this 

section for the significant new uses 


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Federal Register / Vol. 79, No. 195 / Wednesday, October 8, 2014 / Rules and Regulations 60761 

described in paragraph (a)(2) of this 

section. 

* * * * * 

[FR Doc. 2014–24027 Filed 10–7–14; 8:45 am] 

BILLING CODE 6560–50–P 


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