Federal Register / Vol. 78, No. 152 / Wednesday, August 7, 2013 / Rules and Regulations 48051 

designated department official to 

provide a hard copy of the document. 

(6) Electronic documents must be 

formatted in Adobe Portable Document 

Format (PDF). To use PDF you must 

have Adobe Acrobat Reader, which is 

available free at www.adobe.com. 

(b) * * * 

(2) * * * 

(v) The date a document sent 

electronically via the OES is recorded as 

received by the OES as indicated in the 

confirmation of receipt email for Efiling. 

* * * * * 

■ 3. Section 668.98 is amended by 

revising paragraphs (c), (d), and (e) to 

read as follows: 

§ 668.98 Interlocutory appeals to the 

Secretary from rulings of a hearing official. 

* * * * * 

(c) A copy of the petition must be 

provided to the hearing official at the 

time of filing with the Secretary, and a 

copy of a petition or any certification 

must be served upon the parties as 

provided in § 668.91(a)(4). The petition 

or certification must reflect this service. 

(d) If a party files a petition under this 

section, the hearing official may state to 

the Secretary a view as to whether 

review is appropriate or inappropriate 

by submitting a brief statement 

addressing the party’s petition within 10 

days of the receipt of that petition by the 

hearing official. A copy of the statement 

must be served on all parties in the 

manner provided in § 668.91(a)(4)(ii). 

(e) A party’s response to a petition or 

certification for interlocutory review 

must be filed within 7 days after service 

of the petition or statement, as 

applicable, and may not exceed 10 

pages, double-spaced, in length. The 

response must be filed, and a copy 

served on the other party, as provided 

in § 668.91(a)(4). 

* * * * * 

■ 4. Section 668.113 is amended by 

revising paragraph (b) to read as follows: 

§ 668.113 Request for review. 

* * * * * 

(b) The institution or servicer must 

file its request for review no later than 

45 days from the date that the 

institution or servicer receives the final 

audit determination or final program 

review determination. 

* * * * * 

■ 5. Section 668.116 is amended by 

revising paragraphs (e)(1)(ii), (iii), (v), 

and (vi) to read as follows: 

§ 668.116 Hearing. 

* * * * * 

(e)(1) * * * 

(ii) In the case of an institution, 

institutional audit work papers, records, 

and other materials. 

(iii) In the case of a third-party 

servicer, the servicer’s audit work 

papers and the records and other 

materials of the servicer or any 

institution that contracts with the 

servicer. 

* * * * * 

(v) Institutional or servicer records 

and other materials (including records 

and other materials of any institution 

that contracts with the servicer) 

provided to the Department of 

Education in response to a program 

review. 

(vi) Other Department of Education 

records and materials. 

* * * * * 

■ 6. Section 668.122 is amended by 

revising paragraphs (a) and (c) to read as 

follows: 

§ 668.122 Determination of filing, receipt, 

and submission dates. 

(a)(1) Appeals and written 

submissions to a hearing official 

referred to in this subpart may be handdelivered, mailed, or filed electronically 

by use of the Office of Hearings and 

Appeals Electronic Filing System (OES). 

(2)(i) Service on the other party of a 

document required to be served on 

another party may be made by mail or 

by hand delivery, or, if agreed upon by 

the parties, by use of the OES or by any 

other means agreed to by the parties. A 

party who agrees to receive a document 

filed by another party by any means 

other than service by mail or handdelivery may limit that agreement to one 

or more particular documents. 

(ii) A party who agrees to service of 

a document through the OES thereby 

agrees that the notice of such filing 

provided to the party by the OES 

suffices to meet any obligation of the 

filing party under these regulations to 

provide a copy of that document. 

* * * * * 

(c) Determination of filing, receipt, or 

submission dates is based on the date of 

hand-delivery, the date of receipt 

recorded by the U.S. Postal Service, the 

date a document sent electronically by 

using the OES is recorded as received as 

indicated in the confirmation of receipt 

email for E-filing, or for other means, 

the date on which the delivery is 

recorded in the medium used for 

delivery. 

* * * * * 

■ 7. Section 668.124 is amended by 

revising paragraphs (c), (d), and (e) to 

read as follows: 

§ 668.124 Interlocutory appeals to the 

Secretary from rulings of a hearing official. 

* * * * * 

(c) A copy of the petition must be 

provided to the hearing official at the 

time of filing with the Secretary, and a 

copy of a petition or any certification 

must be served upon the parties as 

provided in § 668.122(a)(2). The petition 

or certification must reflect this service. 

(d) If a party files a petition under this 

section, the hearing official may state to 

the Secretary a view as to whether 

review is appropriate or inappropriate 

by submitting a brief statement 

addressing the party’s petition within 10 

days of the receipt of that petition by the 

hearing official. A copy of the statement 

must be served on all parties in the 

manner provided in § 668.122(a)(2). 

(e) A party’s response to a petition or 

certification for interlocutory review 

must be filed within 7 days after service 

of the petition or statement, as 

applicable, and may not exceed 10 

pages, double-spaced, in length. A copy 

of the response must be served on the 

parties and the hearing official as 

provided in § 668.122(a)(2). 

* * * * * 

[FR Doc. 2013–19071 Filed 8–6–13; 8:45 am] 

BILLING CODE 4000–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 9 and 721 

[EPA–HQ–OPPT–2013–0399; FRL–9393–4] 

RIN 2070–AB27 

Significant New Use Rules on Certain 

Chemical Substances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is promulgating 

significant new use rules (SNURs) under 

the Toxic Substances Control Act 

(TSCA) for 53 chemical substances 

which were the subject of 

premanufacture notices (PMNs). Seven 

of these chemical substances are subject 

to TSCA section 5(e) consent orders 

issued by EPA. This action requires 

persons who intend to manufacture or 

process any of these 53 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. 


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48052 Federal Register / Vol. 78, No. 152 / Wednesday, August 7, 2013 / Rules and Regulations 

DATES: This rule is effective on October 

7, 2013. For purposes of judicial review, 

this rule shall be promulgated at 1 p.m. 

(e.s.t.) on August 21, 2013. 

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 September 6, 2013 (see Unit VI. 

of the SUPPLEMENTARY INFORMATION). 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 September 

6, 2013, EPA will withdraw the relevant 

sections of this direct final rule before 

its effective date. 

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–2013–0399, by 

one of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

• Mail: Document Control Office 

(7407M), Office of Pollution Prevention 

and Toxics (OPPT), Environmental 

Protection Agency, 1200 Pennsylvania 

Ave. NW., Washington, DC 20460–0001. 

• Hand Delivery: OPPT Document 

Control Office (DCO), EPA East Bldg., 

Rm. 6428, 1201 Constitution Ave. NW., 

Washington, DC. ATTN: Docket ID 

Number EPA–HQ–OPPT–2013–0399. 

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– 

2013–0399. EPA’s policy is that all 

comments received will be included in 

the docket without change and may be 

made available at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through regulations.gov or 

email. The regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an email comment directly 

to EPA without going through 

regulations.gov, your email address will 

be automatically captured and included 

as part of the comment that is placed in 

the docket and made available on the 

Internet. If you submit an electronic 

comment, EPA recommends that you 

include your name and other contact 

information in the body of your 

comment and with any disk or CD–ROM 

you submit. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. 

Docket: All documents in the docket 

are listed in the docket index available 

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

listed in the index, some information is 

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

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available electronically at 

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

available in hard copy, at the OPPT 

Docket. The OPPT Docket is located in 

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

3334, EPA West Bldg., 1301 

Constitution Ave. NW., Washington, 

DC. The EPA/DC Public Reading Room 

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

p.m., Monday through Friday, excluding 

legal holidays. The telephone number of 

the EPA/DC Public Reading Room is 

(202) 566–1744, and the telephone 

number for the OPPT Docket is (202) 

566–0280. Docket visitors are required 

to show photographic identification, 

pass through a metal detector, and sign 

the EPA visitor log. All visitor bags are 

processed through an X-ray machine 

and subject to search. Visitors will be 

provided an EPA/DC badge that must be 

visible at all times in the building and 

returned upon departure. 

FOR FURTHER INFORMATION CONTACT: For 

technical information contact: Kenneth 

Moss, Chemical Control Division 

(7405M), Office of Pollution Prevention 

and Toxics, Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW., 

Washington, DC 20460–0001; telephone 

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

moss.kenneth@epa.gov. 

For general information contact: The 

TSCA-Hotline, ABVI-Goodwill, 422 

South Clinton Ave., Rochester, NY 

14620; telephone number: (202) 554– 

1404; email address: TSCAHotline@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you manufacture, process, 

or use the chemical substances 

contained in this rule. The following list 

of North American Industrial 

Classification System (NAICS) codes is 

not intended to be exhaustive, but rather 

provides a guide to help readers 

determine whether this document 

applies to them. Potentially affected 

entities may include: 

• Manufacturers or processors of one 

or more subject chemical substances 

(NAICS codes 325 and 324110), e.g., 

chemical manufacturing and petroleum 

refineries. This action may also affect 

certain entities through pre-existing 

import certification and export 

notification rules under TSCA. 

Chemical importers are subject to the 

TSCA section 13 (15 U.S.C. 2612) 

import certification requirements 

promulgated at 19 CFR 12.118 through 

12.127 and 19 CFR 127.28. Chemical 

importers must certify that the shipment 

of the chemical substance complies with 

all applicable rules and orders under 

TSCA. Importers of chemicals subject to 

these SNURs must certify their 

compliance with the SNUR 

requirements. The EPA policy in 

support of import certification appears 

at 40 CFR part 707, subpart B. In 

addition, any persons who export or 

intend to export a chemical substance 

that is the subject of 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. 

B. What should I consider as I prepare 

my comments for EPA? 

1. Submitting CBI. Do not submit this 

information to EPA through 

regulations.gov or email. Clearly mark 

the part or all of the information that 

you claim to be CBI. For CBI 

information in a disk or CD–ROM that 

you mail to EPA, mark the outside of the 

disk or CD–ROM as CBI and then 

identify electronically within the disk or 

CD–ROM the specific information that 

is claimed as CBI. In addition to one 

complete version of the comment that 

includes information claimed as CBI, a 

copy of the comment that does not 

contain the information claimed as CBI 

must be submitted for inclusion in the 

public docket. Information so marked 

will not be disclosed except in 

accordance with procedures set forth in 

40 CFR part 2. 


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Federal Register / Vol. 78, No. 152 / Wednesday, August 7, 2013 / Rules and Regulations 48053 

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 or processing of a 

chemical substance for any activity 

designated by these SNURs as a 

significant new use. Receipt of such 

notices allows EPA to assess risks that 

may be presented by the intended uses 

and, if appropriate, to regulate the 

proposed use before it occurs. 

Additional rationale and background to 

these rules are more fully set out in the 

preamble to EPA’s first direct final 

SNUR published in the Federal Register 

issue of April 24, 1990 (55 FR 17376). 

Consult that preamble for further 

information on the objectives, rationale, 

and procedures for SNURs and on the 

basis for significant new use 

designations, including provisions for 

developing test data. 

B. What is the agency’s authority for 

taking this action? 

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

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

that a use of a chemical substance is a 

‘‘significant new use.’’ EPA must make 

this determination by rule after 

considering all relevant factors, 

including the four bulleted TSCA 

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

Once EPA determines that a use of a 

chemical substance is a significant new 

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

persons to submit a significant new use 

notice (SNUN) to EPA at least 90 days 

before they manufacture or process the 

chemical substance for that use. Persons 

who must report are described in 

§ 14;721.5. 

C. Applicability of General Provisions 

General provisions for SNURs appear 

in 40 CFR part 721, subpart A. These 

provisions describe persons subject to 

the rule, recordkeeping requirements, 

exemptions to reporting requirements, 

and applicability of the rule to uses 

occurring before the effective date of the 

rule. Provisions relating to user fees 

appear at 40 CFR part 700. According to 

§ 14;721.1(c), persons subject to these 

SNURs must comply with the same 

SNUN requirements and EPA regulatory 

procedures as submitters of PMNs under 

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

these requirements include the 

information submission requirements of 

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

exemptions authorized by TSCA section 

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

regulations at 40 CFR part 720. Once 

EPA receives a SNUN, EPA may take 

regulatory action under TSCA section 

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

for which it has received the SNUN. If 

EPA does not take action, EPA is 

required under TSCA section 5(g) to 

explain in the Federal Register its 

reasons for not taking action. 

III. Significant New Use Determination 

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

EPA’s determination that a use of a 

chemical substance is a significant new 

use must be made after consideration of 

all relevant factors, including: 

• The projected volume of 

manufacturing and processing of a 

chemical substance. 

• The extent to which a use changes 

the type or form of exposure of human 

beings or the environment to a chemical 

substance. 

• The extent to which a use increases 

the magnitude and duration of exposure 

of human beings or the environment to 

a chemical substance. 

• The reasonably anticipated manner 

and methods of manufacturing, 

processing, distribution in commerce, 

and disposal of a chemical substance. 

In addition to these factors 

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

statute authorized EPA to consider any 

other relevant factors. 

To determine what would constitute a 

significant new use for the 53 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 

53 chemical substances in 40 CFR part 

721, subpart E. In this unit, EPA 

provides the following information for 

each chemical substance: 

• PMN number. 

• Chemical name (generic name, if 

the specific name is claimed as CBI). 

• Chemical Abstracts Service (CAS) 

Registry number (if assigned for nonconfidential chemical identities). 

• Basis for the TSCA section 5(e) 

consent order or, for TSCA non-section 

5(e) SNURs, the basis for the SNUR (i.e., 

SNURs without TSCA section 5(e) 

consent orders). 

• Tests recommended by EPA to 

provide sufficient information to 

evaluate the chemical substance (see 

Unit VIII. for more information). 

• CFR citation assigned in the 

regulatory text section of this rule. 

This rule includes PMN substances, 

P–09–198 and P–09–199, whose 

reported chemical names include the 

term ‘‘carbon nanotube’’ or ‘‘CNT’’. 

Because of a lack of established 

nomenclature for carbon nanotubes, the 

TSCA Inventory names for carbon 

nanotubes are currently in generic form, 

e.g., carbon nanotube (CNT), multiwalled carbon nanotube (MWCNT), 

double-walled carbon nanotube 

(DWCNT), or single-walled carbon 

nanotube (SWCNT). EPA uses the 

specific structural characteristics 

provided by the PMN submitter to more 

specifically characterize the Inventory 

listing for an individual CNT. All 

submitters of new chemical notices for 

CNTs in this SNUR have claimed those 

specific structural characteristics as CBI. 

EPA is publishing the generic chemical 

name along with the PMN number to 

identify that a distinct chemical 

substance was the subject of the PMN 

without revealing the confidential 

chemical identity of the PMN substance. 

Confidentiality claims preclude a more 

detailed description of the identity of 

these CNTs. If an intended manufacturer 

or processor of CNTs is unsure of 

whether its CNTs are subject to this 

SNUR or any other SNUR, the company 

can either contact EPA or obtain a 

written determination from EPA 

pursuant to the bona fide procedures at 

§ 721.11. EPA is using the specific 

structural characteristics, for all CNTs 

submitted as new chemical substances 


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48054 Federal Register / Vol. 78, No. 152 / Wednesday, August 7, 2013 / Rules and Regulations 

under TSCA, to help develop standard 

nomenclature for placing these chemical 

substances on the TSCA Inventory. EPA 

has compiled a generic list of those 

structural characteristics entitled 

‘‘Material Characterization of Carbon 

Nanotubes for Molecular Identity (MI) 

Determination & Nomenclature.’’ A 

copy of this list is available in the 

docket for these SNURs under docket ID 

number EPA–HQ–OPPT–2013–0399. If 

EPA develops a more specific generic 

chemical name for these materials, that 

name will be made publicly available. 

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 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 7 PMN substances 

(P–09–198, P–09–199, P–09–447, P–09– 

448, P–12–539, P–13–107, and P–13– 

109) that are subject to ‘‘risk-based’’ 

consent orders under TSCA section 

5(e)(1)(A)(ii)(I) where EPA determined 

that activities associated with the PMN 

substances may present unreasonable 

risk to human health or the 

environment. Those consent orders 

require protective measures to limit 

exposures or otherwise mitigate the 

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

substances are promulgated pursuant to 

§ 721.160 and are based on and 

consistent with the provisions in the 

underlying consent orders. The 5(e) 

SNURs designate as a ‘‘significant new 

use’’ the absence of the protective 

measures required in the corresponding 

consent orders. 

In addition, this rule includes SNURs 

on 3 PMN substances (P–12–539, P–13– 

107, and P–13–109) that are subject to 

‘‘exposure-based’’ consent orders under 

TSCA section 5(e)(1)(A)(ii)(II), wherein 

EPA determined that the PMN 

substances are expected to be produced 

in substantial quantities, and that there 

may either be significant or substantial 

human exposure and/or the PMN 

substance may enter the environment in 

substantial quantities. The TSCA 

section 5(e) consent orders require 

submission of certain test data to EPA 

before the manufacturer may exceed a 

specified production volume. These 

SNURs designate as a ‘‘significant new 

use’’ the absence of the protective 

measures or exceedance of the 

production volume limit required in the 

TSCA section 5(e) consent orders. 

This rule also includes SNURs on 46 

PMN substances that are not subject to 

consent orders under TSCA section 5(e). 

In these cases, for a variety of reasons, 

EPA did not find that the use scenario 

described in the PMN triggered the 

determinations set forth under TSCA 

section 5(e). However, EPA does believe 

that certain changes from the use 

scenario described in the PMN could 

result in increased exposures, thereby 

constituting a ‘‘significant new use.’’ 

These so-called ‘‘non-section 5(e) 

SNURs’’ are promulgated pursuant to 

§ 721.170. EPA has determined that 

every activity designated as a 

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

5(e) SNURs issued under § 721.170 

satisfies the two requirements stipulated 

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

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

those described in the premanufacture 

notice for the substance, including any 

amendments, deletions, and additions 

of activities to the premanufacture 

notice, and (ii) may be accompanied by 

changes in exposure or release levels 

that are significant in relation to the 

health or environmental concerns 

identified’’ for the PMN substance. 

PMN Numbers P–09–198 and P–09–199 

Chemical names: Multi-walled carbon 

nanotubes (generic). 

CAS numbers: Not available. 

Effective date of TSCA section 5(e) 

consent order: June 4, 2010. 

Basis for TSCA section 5(e) consent 

order: The consolidated PMN states that 

the generic (non-confidential) use of the 

substances will be as additives for 

reinforcement. Based on test data on 

analogous respirable, poorly soluble 

particulates and other CNTs, EPA 

identified concerns for pulmonary 

toxicity, fibrosis, carcinogenicity, 

mutagenicity, and immunotoxicity. 

Further, available data suggests that 

pulmonary deposition of some 

nanoparticles, including CNT may 

induce cardiovascular toxicity if 

inhaled. The order was issued under 

section 5(e)(1)(A)(i) and (e)(1)(A)(ii)(I) of 

TSCA based on a finding that these 

substances may present an unreasonable 

risk of injury to human health. To 

protect against this risk, the consent 

order requires: 

1. Use of personal protective 

equipment including gloves and 

protective clothing impervious to the 

substances when there is potential 

dermal exposure and a National 

Institute of Occupational Safety and 

Health (NIOSH)-certified full-face 

respirator with N–100 cartridges when 

there is potential inhalation exposure. 

2. No domestic manufacture. 

3. Use of the substances only as 

described in the consent order. 

4. No use of the substances resulting 

in surface water releases during 

processing and use. 

Recommended testing: EPA has 

determined that the following tests 

would help characterize possible effects 

of the PMN substances. The PMN 

submitter has agreed not to exceed a 

specified production/time limit without 

performing a 90-day inhalation toxicity 

test (OPPTS Test Guideline 870.3465) in 

rats with a post exposure observation 

period of up to 3 months, 

bronchoalveolar lavage fluid (BALF) 

analysis, a determination of 

cardiovascular toxicity (clinically-based 

blood/plasma protein analyses), 

histopathology of the heart, and certain 

physical/chemical data. 

CFR citation: 40 CFR 721.10671. 

PMN Numbers P–09–447 and P–09–448 

Chemical name: Sodium olefin 

sulfonate derivative (generic). 

CAS number: Not available. 

Effective date of TSCA section 5(e) 

consent order: February 15, 2013. 

Basis for TSCA section 5(e) consent 

order: The PMNs state that the generic 

(non-confidential) use of the substances 

will be enhanced oil recovery 

applications. Based on a CBI analog, 

EPA predicts toxicity to aquatic 

organisms may occur at concentrations 

that exceed 10 parts per billion (ppb) of 

the aggregate of these PMN substances 

in surface waters. The consent order 

was issued under TSCA sections 

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

on a finding that uncontrolled 

manufacture, processing, distribution in 

commerce, use, and disposal of these 

substances may present an unreasonable 

risk of injury to the environment. To 

protect against these risks, the consent 

order requires: 

1. Establishment and use of a hazard 

communication program. 

2. Use of the substances only as 

described in the consent order. 

3. No use of the substances resulting 

in surface water concentrations 

exceeding 10 ppb of the aggregate of 

these PMN substances. 

Recommended testing: EPA has 

determined that a daphnid chronic 

toxicity test (OPPTS Test Guidelines 

850.1300) and a fish early life stage 

toxicity test (OPPTS Test Guidelines 

850.1400) on either P–09–447 or P–09– 

448, would help characterize the 

environmental effects of the PMN 

substances. The order does not require 

the submission of these tests at any 

specified time or production volume. 

However, the order’s restrictions on 

manufacture, processing, distribution in 

commerce, use, and disposal of the 

PMN substances will remain in effect 


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until the order is modified or revoked 

by EPA based on submission of that or 

other relevant information. 

CFR citation: 40 CFR 721.10672. 

PMN Numbers P–12–539, P–13–107, and 

P–13–109 

Chemical names: Alkanes, C21–34— 

branched and linear, chloro (P–12–539), 

Alkanes, C22–30—branched and linear, 

chloro (P–13–107); and Alkanes, C24– 

28, chloro (P–13–109). 

CAS numbers: 1417900–96–9 (P–12– 

539), 1401947–24–0 (P–13–107), and 

1402738–52–6 (P–13–109). 

Effective date of TSCA section 5(e) 

consent order: March 19, 2013. 

Basis for TSCA section 5(e) consent 

order: The PMNs state that the uses of 

the substances are as flame retardants/ 

plasticizers in polymers and extreme 

pressure lubricants in metal working 

fluids (MWFs). There are also several 

CBI uses that are generically described 

as: Plasticizer and lubricant with flame 

retardant properties. By analogy to 

medium chain chlorinated paraffins 

(MCCPs—alkyl chain length of 14 to 17), 

EPA expects very long chain chlorinated 

paraffins (vLCCPs) and possible 

degradation products to be potentially 

highly persistent, potentially 

bioaccumulative, and potentially toxic. 

Transport and magnification across 

trophic levels may also result in toxicity 

to higher organisms, including fish, 

higher predators, and potentially 

humans. EPA has concerns about the 

potential for the vLCCPs to degrade to 

shorter chain chlorinated compounds, 

as well as concerns about potential 

impurities or small fractions of MCCPs 

and/or long-chain chlorinated paraffins 

(LCCPs—alkyl chain length of 18 to 20). 

The consent order was issued under 

TSCA sections 5(e)(1)(A)(i), 

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

based on a finding that these substances 

may present an unreasonable risk of 

injury to the environment and the 

substances may be produced in 

substantial quantities and may 

reasonably be anticipated to enter the 

environment in substantial quantities, 

and there may be significant (or 

substantial) human exposures to the 

PMN substances. To protect against 

these risks, the consent order requires: 

1. Manufacture or import of the 

substances at a cumulative, aggregate 

volume not to exceed 1,200,000 

kilograms (kg), 14,100,000 kg, 

59,100,000 kg, 78,400,000 kg, and 

86,100,000 kg unless the company has 

submitted the results of certain 

environmental effects studies. 

2. No manufacture of the substances 

with the amount of chlorinated paraffins 

with an alkyl chain ≤ 20 to exceed more 

than 1% of that PMN substance by 

weight. 

Recommended testing: EPA has 

determined that analysis for chain 

length and percent chlorination (for 

example by gas chromatography-mass 

spectrometry or high performance liquid 

chromatography-mass spectrometry 

(GC/MS HPLC/MS)); a modified semicontinuous activated sludge (SCAS) test 

(OPPTS Test Guideline 835.3210), 

modified SCAS test for insoluble and 

volatile chemicals (OPPTS Test 

Guideline 835.5045), or Zahn Wellens/ 

EMPA test (OPPTS Test Guideline 

835.3200); aerobic and anaerobic soil 

metabolism studies (Organisation for 

Economic Co-operation and 

Development (OECD) Test Guideline 

307); a bioaccumulation in sedimentdwelling benthic oligochaetes test 

(OECD Test Guideline 315) on the PMN 

substances and their potential 

degradation products; and a sedimentwater chironomid life-cycle toxicity test 

using spiked water or spiked sediment 

test (OECD Test Guideline 233) or a 

sediment-water lumbriculus toxicity test 

using spiked sediment (OECD Test 

Guideline 225) on the PMN substances 

and their presumed degradation 

products would help characterize the 

effects of the PMN substances. Testing 

specifications are stated in the section 

5(e) consent order for P–12–539, P–13– 

107, and P–13–109 available in the 

docket under docket ID number EPA– 

HQ–OPPT–2013–0399. 

CFR citations: 40 CFR 721.10673 (P– 

12–539); 40 CFR 721.10674 (P–13–107); 

and 40 CFR 721.10675 (P–13–109). 

PMN Number P–12–551 

Chemical name: Aromatic 

hydrocarbon mixture (generic). 

CAS number: Not available. 

Basis for action: The PMN states that 

the generic (non-confidential) use of the 

substance is as feedstock for 

fractionation process. Based on test data 

on the PMN substance and ecological 

structural activity relationship (EcoSAR) 

analysis on analogous neutral organics, 

EPA predicts toxicity to aquatic 

organisms may occur at concentrations 

that exceed 78 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 

78 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 

78 ppb may cause significant adverse 

environmental effects. Based on this 

information, the PMN substance meets 

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

and (b)(4)(ii). 

Recommended testing: EPA has 

determined that the results of a daphnid 

chronic toxicity test (OPPTS Test 

Guideline 850.1300), a fish early-life 

stage toxicity test (OPPTS Test 

Guideline 850.1400), and an inherent 

biodegradability—Concawe test (OPPTS 

Test Guidelines 835.3215) would help 

characterize the environmental effects of 

the PMN substance. EPA also 

recommends that the guidance 

document on aquatic toxicity testing of 

difficult substances and mixtures (OECD 

Test Guideline 23) be followed to 

facilitate solubility in the test media, 

because of the PMN’s low water 

solubility. 

CFR citation: 40 CFR 721.10676. 

PMN Number P–12–584 

Chemical name: Alkyl phosphonate 

(generic). 

CAS number: Not available. 

Basis for action: The PMN states that 

the generic (non-confidential) use of the 

substance is as an intermediate. Based 

on test data on an analog substance, 

EPA identified concerns for eye, lung, 

and mucous membrane irritation as well 

as kidney and developmental toxicity to 

workers exposed to the PMN substance. 

For the use described in the PMN, 

significant worker exposure is unlikely. 

Further, based on EcoSAR analysis of 

test data on analogous phosphinate 

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, releases of the PMN 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 other than as an 

intermediate, any use of the substance 

without the use of impervious gloves 

when there is potential dermal 

exposure, or any use of the substance 

resulting in surface water 

concentrations exceeding 1 ppb may 

cause serious health effects and 

significant adverse environmental 

effects. Based on this information, the 

PMN substance meets the concern 

criteria at § 721.170 (b)(3)(ii) and 

(b)(4)(ii). 

Recommended testing: EPA has 

determined that the results of a 

combined repeated dose toxicity with 

the reproduction/development toxicity 

screening test (OPPTS Test Guideline 

870.3650); an algal toxicity test (OCSPP 


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Test Guideline 850.4500); an aquatic 

invertebrate acute toxicity test, 

freshwater daphnids (OPPTS Test 

Guideline 850.1010); and a fish acute 

toxicity test, freshwater and marine 

(OPPTS Test Guideline 850.1075) would 

help characterize the human health and 

environmental effects of the PMN 

substance. 

CFR citation: 40 CFR 721.10677. 

PMN Number P–13–10 

Chemical name: 1,4- 

Cyclohexanedicarboxylic acid, 1,4- 

dimethyl ester, hydrogenolysis 

products. 

CAS number: 1373220–73–5. 

Basis for action: The PMN states that 

the generic (non-confidential) use of the 

substance is as a chemical intermediate. 

Based on EcoSAR analysis of test data 

on analogous esters, EPA predicts 

toxicity to aquatic organisms may occur 

at concentrations that exceed 20 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 20 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 

20 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 an aquatic 

invertebrate acute toxicity test, 

freshwater daphnids (OPPTS Test 

Guideline 850.1010); a fish acute 

toxicity test, freshwater and marine 

(OPPTS Test Guideline 850.1075); and 

an algal toxicity test (OCSPP Test 

Guideline 850.4500) would help 

characterize the environmental effects of 

the PMN substance. 

CFR citation: 40 CFR 721.10678. 

PMN Number P–13–30 

Chemical name: Carboxylic acid, 

substituted alkylstannylene ester, 

reaction products with inorganic acid 

tetra alkyl ester (generic). 

CAS number: Not available. 

Basis for action: The PMN states that 

the generic (non-confidential) use of the 

substance is as an adhesive/sealant 

component. Based on test data on the 

PMN substance, EPA identified 

concerns for thymus toxicity to workers 

exposed to the PMN substance. As 

described in the PMN, adequate dermal 

protection is used and worker exposure 

will be minimal and there are no 

consumer exposures. Therefore, EPA 

has not determined that the proposed 

manufacturing, processing, or use of the 

substance may present an unreasonable 

risk. EPA has determined, however, that 

use of the substance in consumer 

products or any use of the substance 

without the use of impervious gloves, 

when there is potential dermal 

exposure, may result in significant 

adverse human health effects. Based on 

this information, the PMN substance 

meets the concern criteria at 

§ 721.170(b)(3)(i). 

Recommended testing: EPA has 

determined that the results of a skin 

absorption: In vivo method test (OECD 

Test Guideline 427) would help 

characterize the human health effects of 

the PMN substance. 

CFR citation: 40 CFR 721.10679. 

PMN Numbers P–13–44, P–13–46, P–13– 

47, P–13–50, and P–13–51 

Chemical names: Fatty acid amides 

(generic). 

CAS numbers: Not available. 

Basis for action: The PMNs state that 

the use of the substances will be as 

adhesive promoters for asphalt 

applications and emulsifiers for asphalt 

applications. Based on the EcoSAR 

analysis of test data on analogous 

aliphatic amines and amides, EPA 

predicts toxicity to aquatic organisms 

may occur at concentrations that exceed 

1 ppb of the PMN substances 

respectively in surface waters for greater 

than 20 days per year. This 20-day 

criterion is derived from partial life 

cycle tests (daphnid chronic and fish 

early-life stage tests) that typically range 

from 21 to 28 days in duration. EPA 

predicts toxicity to aquatic organisms 

may occur if releases of the PMN 

substances to surface waters exceed 

releases from the uses described in the 

PMNs. For the use described in the 

PMNs, environmental releases did not 

exceed the respective concentrations of 

concern for more than 20 days per year. 

Therefore, EPA has not determined that 

the proposed manufacturing, 

processing, or use of the substance may 

present an unreasonable risk. EPA has 

determined, however, that any use of 

the substances other than as an adhesive 

promoter for asphalt applications or as 

emulsifiers for asphalt applications, as 

described in the PMNs, could result in 

exposures which may cause significant 

adverse environmental effects. Based on 

this information, the PMN substances 

meet the concern criteria at 

§ 721.170(b)(4)(ii). 

Recommended testing: EPA has 

determined that the results of a fish 

acute toxicity test, freshwater 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 (OCSPP Test 

Guideline 850.4500) would help 

characterize the environmental effects of 

the PMN substances. EPA also 

recommends that the guidance 

document on aquatic toxicity testing of 

difficult substances and mixtures (OECD 

Test Guideline 23) be followed. Testing 

may be performed on any one of the 

PMN substances (P–13–44, P–13–46, P– 

13–47, P–13–50, or P–13–51). 

CFR citation: 40 CFR 721.10680. 

PMN Numbers P–13–55 and P–13–56 

Chemical names: Alkaneamide, halodialkylthienyl-alkoxydialkyl-, manuf. of 

by-products from (generic). 

CAS numbers: Not available. 

Basis for action: The PMNs states that 

the generic (non-confidential) use of the 

substances will be as starting material in 

sulfuric acid production. Based on 

EcoSAR analysis of test data on 

analogous haloacetamides, EPA predicts 

toxicity to aquatic organisms may occur 

at concentrations that exceed 1 ppb of 

the PMN substances in surface waters. 

As described in the PMN, releases of the 

PMN substances are not expected to 

result in surface water concentrations 

exceeding 1 ppb. Therefore, EPA has not 

determined that the proposed 

manufacturing, processing, or use of 

these substances may present an 

unreasonable risk. EPA has determined, 

however, that any use of these 

substances other than as stated in the 

PMN or use of the substances resulting 

in releases to surface water 

concentrations exceeding 1 ppb may 

cause significant adverse environmental 

effects. Based on this information, the 

PMN substances meets the concern 

criteria at § 721.170(b)(4)(ii). 

Recommended testing: EPA has 

determined that the results of an algal 

toxicity test (OCSPP Test Guideline 

850.4500); an aquatic invertebrate acute 

toxicity test, freshwater daphnids 

(OPPTS Test Guideline 850.1010); and a 

fish acute toxicity test, freshwater and 

marine (OPPTS Test Guideline 

850.1075) would help characterize the 

environmental effects of the PMN 

substances. 

CFR citation: 40 CFR 721.10681. 

PMN Numbers P–13–63, P–13–64, P–13– 

65, P–13–69, P–13–70, P–13–71, P–13– 

72, P–13–73, P–13–74, P–13–75, P–13– 

76, and P–13–77 

Chemical names: Fatty acid amide 

hydrochlorides (generic). 

CAS numbers: Not available. 

Basis for action: The PMNs state that 

the substances will be used as 


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surfactants for asphalt emulsions. Based 

on the EcoSAR analysis of test data on 

analogous aliphatic amines and amides, 

EPA predicts toxicity to aquatic 

organisms may occur at concentrations 

that exceed 1 ppb (for P–13–63 P–13– 

64, P–13–65, P–13–69, P–13–70, P–13– 

71 P–13–72, P–13–73, and P–13–74) and 

2 ppb (for P–13–75, P–13–76, and P–13– 

77) of the PMN substances respectively 

in surface waters for greater than 20 

days per year. This 20-day criterion is 

derived from partial life cycle tests 

(daphnid chronic and fish early-life 

stage tests) that typically range from 21 

to 28 days in duration. EPA predicts 

toxicity to aquatic organisms may occur 

if releases of the PMN substances to 

surface water exceed releases from the 

use described in the PMNs. For the use 

described in the PMNs, environmental 

releases did not exceed the respective 

concentrations of concern for more than 

20 days per year. Therefore, EPA has not 

determined that the proposed 

manufacturing, processing, or use of the 

substance may present an unreasonable 

risk. EPA has determined, however, that 

use of the substances other than as 

surfactants for use in asphalt emulsions, 

as described in the PMNs, could result 

in exposures which may cause 

significant adverse environmental 

effects. Based on this information, the 

PMN substances meet the concern 

criteria at § 721.170(b)(4)(ii). 

Recommended testing: EPA has 

determined that the results of a fish 

acute toxicity test, freshwater 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 (OCSPP Test 

Guideline 850.4500) would help 

characterize the environmental effects of 

the PMN substances. EPA also 

recommends that the guidance 

document on aquatic toxicity testing of 

difficult substances and mixtures (OECD 

Test Guideline 23) be followed. Testing 

may be performed on any one of the 

PMN substances (P–13–63, P–13–64, P– 

13–65, P–13–69, P–13–70, P–13–71, P– 

13–72, P–13–73, P–13–74, P–13–75, P– 

13–76, or P–13–77). 

CFR citation: 40 CFR 721.10682. 

PMN Number P–13–131 

Chemical name: Dialkylamino 

cocoalkyl alkylamide acid salt (generic). 

CAS number: Not available. 

Basis for action: The PMN states that 

the generic (non-confidential) use of the 

substance is as an inhibitor for oil field 

applications. Based on the EcoSAR 

analysis of test data on analogous 

amides 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, 

releases of the PMN substance are not 

expected to result in surface water 

concentrations that exceed 1 ppb. 

Therefore, EPA has not determined that 

the proposed manufacturing, 

processing, or use of the substance may 

present an unreasonable risk. EPA has 

determined, however, that any use of 

the substance resulting in surface water 

concentrations exceeding 1 ppb may 

cause significant adverse environmental 

effects. Based on this information, the 

PMN substance meets the concern 

criteria at § 721.170(b)(4)(ii). 

Recommended testing: EPA has 

determined that the results of a ready 

biodegradability test (OECD Test 

Guideline 301B), a daphnid chronic 

toxicity test (OPPTS Test Guideline 

850.1300), a fish early-life stage toxicity 

test (OPPTS Test Guideline 850.1400), 

and an algal toxicity test (OCSPP Test 

Guideline 850.4500) would help 

characterize the environmental effects of 

the PMN substance. 

CFR citation: 40 CFR 721.10683. 

PMN Number P–13–135 

Chemical name: Substituted 

benzenamine schiff base (generic). 

CAS number: Not available. 

Basis for action: The PMN states that 

the use of the substance is as an 

intermediate monomer for use in the 

manufacture of another monomer. Based 

on the EcoSAR analysis of test data on 

analogous schiff bases, 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 

PMN substance to surface waters are not 

expected. Therefore, EPA has not 

determined that the proposed 

manufacturing, processing, or use of the 

substance may present an unreasonable 

risk. EPA has determined, however, that 

any use of the substance 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 an algal 

toxicity test (OCSPP Test Guideline 

850.4500); a daphnid chronic toxicity 

test (OPPTS Test Guideline 850.1300); a 

fish early-stage toxicity test (OPPTS Test 

Guideline 850.1400); a partition 

coefficient (n-octanol/water), estimation 

by liquid chromatography test (OPPTS 

Test Guideline 830.7570); a ready 

biodegradability test (OECD Test 

Guideline 301); and a hydrolysis as a 

function of pH test (OPPTS Test 

Guideline 835.2120) would help 

characterize the environmental effects of 

the PMN substance. 

CFR citation: 40 CFR 721.10684. 

PMN Number P–13–170 

Chemical name: Phosphoric acid, 

mixed esters (generic). 

CAS number: Not available. 

Basis for action: The PMN states that 

the generic (non-confidential) use of the 

substance is as a plastic 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, 

releases of the PMN 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)(i). 

Recommended testing: EPA has 

determined that the results of a daphnid 

chronic toxicity test (OPPTS Test 

Guideline 850.1300) and a fish early-life 

stage toxicity test (OPPTS Test 

Guideline 850.1400) would help 

characterize the environmental effects of 

the PMN substance. EPA also 

recommends that the guidance 

document on aquatic toxicity testing of 

difficult substances and mixtures (OECD 

Test Guideline 23) be followed. 

CFR citation: 40 CFR 721.10685. 

PMN Numbers P–13–180, P–13–181, P– 

13–182, P–13–183, P–13–184, and P–13– 

185 

Chemical names: Fatty acid amides 

(generic). 

CAS numbers: Not available. 

Basis for action: The PMNs state that 

the use of the substances is as adhesive 

promoters for asphalt applications and 

emulsifiers for asphalt applications. 

Based on the EcoSAR analysis of test 

data on analogous aliphatic amines and 

amides, EPA predicts toxicity to aquatic 

organisms may occur at concentrations 

that exceed 1 ppb (for P–13–180, P–13– 

182, and P–13–185); 2 ppb (for P–13– 

181 and P–13–183); and 4 ppb (for P– 

13–184) of the PMN substances in 

surface waters for greater than 20 days 

per year. This 20-day criterion is 

derived from partial life cycle tests 

(daphnid chronic and fish early-life 

stage tests) that typically range from 21 


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to 28 days in duration. EPA predicts 

toxicity to aquatic organisms may occur 

if releases of the PMN substances to 

surface water exceed releases from the 

use described in the PMNs. For the use 

described in the PMNs, environmental 

releases did not exceed the respective 

concentrations of concern for more than 

20 days per year. Therefore, EPA has not 

determined that the proposed 

manufacturing, processing, or use of the 

substance may present an unreasonable 

risk. EPA has determined, however, that 

use of the substances other than as 

adhesive promoters for asphalt 

applications or emulsifiers for asphalt 

applications, as described in the PMNs, 

could result in exposures which may 

cause significant adverse environmental 

effects. Based on this information, the 

PMN substances meet the concern 

criteria at § 721.170(b)(4)(ii). 

Recommended testing: EPA has 

determined that the results of a fish 

acute toxicity test, freshwater 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 (OCSPP Test 

Guideline 850.4500) would help 

characterize the environmental effects of 

the PMN substances. EPA also 

recommends that the guidance 

document on aquatic toxicity testing of 

difficult substances and mixtures (OECD 

Test Guideline 23) be followed. Testing 

may be performed on any one of the 

PMN substances (P–13–180, P–13–181, 

P–13–182, P–13–183, P–13–184, or P– 

13–185), however, it is recommended 

that it be conducted on P–13–182 as 

EPA predicts this substance to be most 

acutely toxic to aquatic organisms. 

CFR citation: 40 CFR 721.10686. 

PMN Numbers P–13–201, P–13–203, P– 

13–204, P–13–205, P–13–206, P–13–207, 

P–13–208, and P–13–209 

Chemical names: Fatty acid amide 

hydrochlorides (generic). 

CAS numbers: Not available. 

Basis for action: The PMNs state that 

the use of the substances is as 

surfactants for asphalt emulsions. Based 

on the EcoSAR analysis of test data on 

analogous aliphatic amines, EPA 

predicts toxicity to aquatic organisms 

may occur at concentrations that exceed 

1 ppb (for P–13–204, P–13–206, and P– 

13–207); 2 ppb (for P–13–205); 3 ppb 

(for P–13–209); 5 ppb (for P–13–201); 6 

ppb (for P–13–208); and 12 ppb (for P– 

13–203) of the PMN substances 

respectively in surface waters for greater 

than 20 days per year. This 20-day 

criterion is derived from partial life 

cycle tests (daphnid chronic and fish 

early-life stage tests) that typically range 

from 21 to 28 days in duration. EPA 

predicts toxicity to aquatic organisms 

may occur if releases of the PMN 

substances to surface waters exceed 

releases from the use described in the 

PMNs. For the use described in the 

PMNs, environmental releases did not 

exceed the respective surface water 

concentrations for more than 20 days 

per year. Therefore, EPA has not 

determined that the proposed 

manufacturing, processing, or use of the 

substances may present an unreasonable 

risk. EPA has determined, however, that 

any use of the substances other than as 

surfactants for asphalt emulsions could 

result in exposures which may cause 

significant adverse environmental 

effects. Based on this information, the 

PMN substances meet the concern 

criteria at § 721.170(b)(4)(ii). 

Recommended testing: EPA has 

determined that the results of a fish 

acute toxicity test, freshwater 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 (OCSPP Test 

Guideline 850.4500) would help 

characterize the environmental effects of 

the PMN substances. EPA also 

recommends that the guidance 

document on aquatic toxicity testing of 

difficult substances and mixtures (OECD 

Test Guideline 23) be followed. Testing 

may be performed on any one of the 

PMN substances (P–13–201, P–13–203, 

P–13–204, P–13–205, P–13–206, P–13– 

207, P–13–208, or P–13–209). 

CFR citation: 40 CFR 721.10687. 

PMN Number P–13–221 

Chemical name: Copper, chloro[tris(2- 

chloroethyl) phosphite-.kappa.P]-. 

CAS number: 24484–01–3. 

Basis for action: The PMN states that 

the generic (non-confidential) use of the 

substance will be as a manufacturing 

process aid. Also, EPA identified 

concerns for oncogenicity, mutagenicity, 

and developmental toxicity based on the 

alkylation potential of the PMN 

substance and concern for neurotoxicity 

and reproductive toxicity based on 

analog test data. There is also concern 

for immunotoxicity based on the 

presence of the copper ion. These 

concerns are for effects to workers from 

inhalation exposure to the PMN. 

Additionally, based on the EcoSAR 

analysis of test data on analogous 

organic copper compounds, 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, 

significant workplace exposures are not 

expected and releases of the PMN 

substance are not expected to result in 

surface water concentrations that exceed 

6 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 

use of the substance other than as 

described in the PMN or any use of the 

substance resulting in surface water 

concentrations exceeding 6 ppb may 

cause serious health or significant 

adverse environmental effects. Based on 

this information, the PMN substance 

meets the concern criteria at § 721.170 

(b)(1)(i)(C), (b)(3)(ii), and (b)(4)(ii). 

Recommended testing: EPA has 

determined that a carcinogenicity test 

(OPPTS Test Guideline 870.4200) in 

rats; an aquatic invertebrate acute 

toxicity test, freshwater daphnids 

(OPPTS Test Guideline 850.1010); a fish 

acute toxicity test, freshwater and 

marine (OPPTS Test Guideline 

850.1075); and an algal toxicity test 

(OCSPP Test Guideline 850.4500) would 

help characterize the human health and 

environmental effects of the PMN 

substance. EPA recommends that the 

guidance document on aquatic toxicity 

testing of difficult substances and 

mixtures (OECD Test Guideline 23) be 

followed. 

CFR citation: 40 CFR 721.10688. 

PMN Number P–13–225 

Chemical name: Organo zinc salts 

(generic). 

CAS number: Not available. 

Basis for action: The PMN states that 

the generic (non-confidential) use of the 

substance is as a stabilizer for 

thermoplastics. Based on the EcoSAR 

analysis of test data on analogous 

organic zinc compounds, EPA predicts 

toxicity to aquatic organisms may occur 

at concentrations that exceed 3 ppb of 

the PMN substance in surface waters. As 

described in the PMN, releases of the 

substance are not expected to result in 

surface water concentrations that exceed 

3 ppb. Therefore, EPA has not 

determined that the proposed 

manufacturing, processing, or use of the 

substance may present an unreasonable 

risk. EPA has determined, however, that 

any use of the substance resulting in 

surface water concentrations exceeding 

3 ppb may cause significant adverse 

environmental effects. Based on this 

information, the PMN substance meets 

the concern criteria at 

§ 721.170(b)(4)(ii). 

Recommended testing: EPA has 

determined that the results of a daphnid 

chronic toxicity test (OPPTS Test 

Guideline 850.1300), a fish early-life 

stage toxicity test (OPPTS Test 

Guideline 850.1400), and an algal 


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toxicity test (OCSPP Test Guideline 

850.4500) would help characterize the 

environmental effects of the PMN 

substance. 

CFR citation: 40 CFR 721.10689. 

PMN Number P–13–232 

Chemical name: Benzenedicarboxylic 

acid, polymer with substituted 

alkanediol, dodecanedioic acid, 1,2- 

ethanediol, alkanedioic acid, 

alkanediol,.alpha.-hydro-.omega.- 

hydroxypoly[oxyalkanediyl], 1,3- 

isobenzofurandione, methylene 

diphenyl diisocyanate, 2-oxepanone, 

2,2’-oxybis[ethanol] and polymethylene 

polyphenylene isocyanate (generic). 

CAS number: Not available. 

Basis for action: The PMN states that 

the generic (non-confidential) use of the 

substance will be as an industrial 

adhesive. Based on analogous 

diisocyanates, EPA identified concerns 

for sensitization as well as lung and 

mucous membrane irritation. For the 

use described in the PMN, EPA does not 

expect significant occupational or 

consumer inhalation exposure as the 

substance is not applied using a method 

that generates a vapor, mist, or aerosol 

or used in a consumer product. 

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 in consumer products or 

any use of the substance involving an 

application method that generates a 

vapor, mist, or aerosol may cause 

serious health effects. 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 skin 

sensitization test (OPPTS Test Guideline 

870.2600) and a 90-day inhalation 

toxicity test (OPPTS Test Guideline 

870.3465) would help characterize the 

human health effects of the PMN 

substance. 

CFR citation: 40 CFR 721.10690. 

PMN Number P–13–267 

Chemical name: Fatty acid amide 

(generic). 

CAS number: Not available. 

Basis for action: The PMN states that 

the use of the substance is as a polymer 

additive. Based on the EcoSAR analysis 

of test data on analogous amides, 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 PMN substance to surface 

waters are not expected. Therefore, EPA 

has not determined that the proposed 

manufacturing, processing, or use of the 

substance may present an unreasonable 

risk. EPA has determined, however, that 

any use of the substance 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 an algal toxicity test 

(OCSPP Test Guideline 850.4500), a 

daphnid chronic toxicity test (OPPTS 

Test Guideline 850.1300); a fish earlylife stage toxicity test (OPPTS Test 

Guideline 850.1400) and the shake flask 

die-away test (OPPTS Test Guideline 

835.3170) would help characterize the 

environmental effects of the PMN 

substance. EPA recommends that the 

guidance document on aquatic toxicity 

testing of difficult substances and 

mixtures (OECD Test Guideline 23) be 

followed. 

CFR citation: 40 CFR 721.10691. 

PMN Number P–13–288 

Chemical name: Fluorinated alkyl 

dianiline (generic). 

CAS number: Not available. 

Basis for action: The PMN states that 

the generic (non-confidential) use of the 

substance is as a polymer precursor. 

EPA identified concern for acute 

toxicity based on test data on the PMN 

substance. Also, EPA identified concern 

for dermal sensitization and 

oncogenicity based on benzidines; 

concern for neurotoxicity based on 

aromatic amines; and concern for 

retinopathy based on dianiline 

compounds. The concern is for workers 

exposed to the PMN substance. For the 

industrial use described in the PMN, 

significant worker dermal or inhalation 

exposure is not expected. Therefore, 

EPA has not determined that the 

proposed manufacturing, processing, or 

use of the substance may present an 

unreasonable risk. EPA has determined, 

however, that use of the PMN substance 

other than as an intermediate may result 

in serious health effects. Based on this 

information, the PMN substance meets 

the concern criteria at § 721.170 

(b)(1)(i)(C), (b)(3)(i), and (b)(3)(ii). 

Recommended testing: EPA has 

determined that the results of a rat acute 

oral retinopathy screening study 

(protocol to be approved by EPA to 

include histopathological examination 

of the eyes by both light and electron 

microscopy) would help characterize 

the health effects of the PMN substance. 

CFR citation: 40 CFR 721.10692. 

PMN Number P–13–338 

Chemical name: Diphenylmethane 

diisocyanate polymer with alkanoic 

diacid and alkanediol (generic). 

CAS number: Not available. 

Basis for action: The PMN states that 

the generic (non-confidential) use of the 

substance will be as a polymer 

intermediate for adhesive manufacture. 

Based on analogous diisocyanates, EPA 

identified concerns for dermal and 

respiratory sensitization, irritation, and 

lung effects. For the use described in the 

PMN, EPA does not expect significant 

occupational or consumer inhalation 

exposure as the substance is not applied 

using a method that generates a vapor, 

mist, or aerosol or used in a consumer 

product. 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 in consumer 

products or any use of the substance 

involving an application method that 

generates a vapor, mist, or aerosol may 

cause serious health effects. 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 skin 

sensitization test (OPPTS Test Guideline 

870.2600) and a 90-day inhalation 

toxicity test (OPPTS Test Guideline 

870.3465) would help characterize the 

human health effects of the PMN 

substance. 

CFR citation: 40 CFR 721.10693. 

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 7 of the 53 chemical substances, 

regulation was warranted under TSCA 

section 5(e), pending the development 

of information sufficient to make 

reasoned evaluations of the health or 

environmental effects of the chemical 

substances. The basis for such findings 

is outlined in Unit IV. Based on these 

findings, TSCA section 5(e) consent 

orders requiring the use of appropriate 

exposure controls were negotiated with 

the PMN submitters. The SNUR 

provisions for these chemical 

substances are consistent with the 

provisions of the TSCA section 5(e) 

consent orders. These SNURs are 

promulgated pursuant to § 14;721.160 

(see Unit VI.). 

In the other 46 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 


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48060 Federal Register / Vol. 78, No. 152 / Wednesday, August 7, 2013 / Rules and Regulations 

established at § 14;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, 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, or processing a 

listed chemical substance for the 

described significant new use. 

• EPA will be able to regulate 

prospective manufacturers 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 and processors of the 

same chemical substance that is subject 

to a TSCA section 5(e) consent order are 

subject to similar requirements. 

Issuance of a SNUR for a chemical 

substance does not signify that the 

chemical substance is listed on the 

TSCA Chemical Substance Inventory 

(TSCA Inventory). Guidance on how to 

determine if a chemical substance is on 

the TSCA Inventory is available on the 

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

existingchemicals/pubs/tscainventory/ 

index.html. 

VI. Direct Final Procedures 

EPA is issuing these SNURs as a 

direct final rule, as described in 

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

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

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

of this rule is October 7, 2013 without 

further notice, unless EPA receives 

written adverse or critical comments, or 

notice of intent to submit adverse or 

critical comments before September 6, 

2013. 

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 

September 6, 2013, 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 the Significant 

New Use Designation 

To establish a significant new use, 

EPA must determine that the use is not 

ongoing. The chemical substances 

subject to this rule have undergone 

premanufacture review. In cases where 

EPA has not received a notice of 

commencement (NOC) and the chemical 

substance has not been added to the 

TSCA Inventory, no person may 

commence such activities without first 

submitting a PMN. Therefore, for 

chemical substances for which an NOC 

has not been submitted EPA concludes 

that the designated significant new uses 

are not ongoing. 

When chemical substances identified 

in this rule are added to the TSCA 

Inventory, EPA recognizes that, before 

the rule is effective, other persons might 

engage in a use that has been identified 

as a significant new use. However, 

TSCA section 5(e) consent orders have 

been issued for 7 of the 53 chemical 

substances, and the PMN submitters are 

prohibited by the TSCA section 5(e) 

consent orders from undertaking 

activities which would be designated as 

significant new uses. The identities of 5 

of the 53 chemical substances subject to 

this rule have been claimed as 

confidential and EPA has received no 

post-PMN bona fide submissions (per 

§§ 720.25 and 721.11). Based on this, 

the Agency believes that it is highly 

unlikely that any of the significant new 

uses described in the regulatory text of 

this rule are ongoing. 

Therefore EPA designates August 7, 

2013 as the cutoff date for determining 

whether the new use is ongoing. Persons 

who begin commercial manufacture or 

processing of the chemical substances 

for a significant new use identified as of 

that date would have to cease any such 

activity upon the effective date of the 

final rule. To resume their activities, 

these persons would have to first 

comply with all applicable SNUR 

notification requirements and wait until 

the notice review period, including any 

extensions, expires. If such a person met 

the conditions of advance compliance 

under § 721.45(h), the person would be 

considered exempt from the 

requirements of the SNUR. Consult the 

Federal Register document of April 24, 

1990 for a more detailed discussion of 

the cutoff date for ongoing uses. 

VIII. Test Data and Other Information 

EPA recognizes that TSCA section 5 

does not require developing any 

particular test data before submission of 

a SNUN. The two exceptions are: 

1. Development of test data is 

required where the chemical substance 

subject to the SNUR is also subject to a 

test rule under TSCA section 4 (see 

TSCA section 5(b)(1)). 

2. Development of test data may be 

necessary where the chemical substance 

has been listed under TSCA section 

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

In the absence of a TSCA section 4 

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

listing covering the chemical substance, 

persons are required only to submit test 

data in their possession or control and 

to describe any other data known to or 

reasonably ascertainable by them (see 

§ 720.50). However, upon review of 

PMNs and SNUNs, the Agency has the 

authority to require appropriate testing. 

In cases where EPA issued a TSCA 

section 5(e) consent order that requires 

or recommends certain testing, Unit IV. 

lists those tests. Unit IV. also lists 

recommended testing for non-section 

5(e) SNURs. Descriptions of tests are 

provided for informational purposes. 

EPA strongly encourages persons, before 

performing any testing, to consult with 

the Agency pertaining to protocol 

selection. To access the OCSPP test 

guidelines referenced in this document 

electronically, please go to http:// 

www.epa.gov/ocspp and select ‘‘Test 

Methods and Guidelines.’’ The 

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 

orders for several of the chemical 

substances regulated under this rule, 

EPA has established production volume 

limits in view of the lack of data on the 

potential health and environmental 

risks that may be posed by the 

significant new uses or increased 

exposure to the chemical substances. 

These limits cannot be exceeded unless 

the PMN submitter first submits the 

results of toxicity tests that would 

permit a reasoned evaluation of the 

potential risks posed by these chemical 

substances. Under recent TSCA section 

5(e) consent orders, each PMN submitter 

is required to submit each study at least 

14 weeks (earlier TSCA section 5(e) 

consent orders required submissions at 

least 12 weeks) before reaching the 

specified production limit. Listings of 


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the tests specified in the TSCA section 

5(e) consent orders are included in Unit 

IV. The SNURs contain the same 

production volume limits as the TSCA 

section 5(e) consent orders. Exceeding 

these production limits is defined as a 

significant new use. Persons who intend 

to exceed the production limit must 

notify the Agency by submitting a 

SNUN at least 90 days in advance of 

commencement of non-exempt 

commercial manufacture or processing. 

The recommended tests specified in 

Unit IV. may not be the only means of 

addressing the potential risks of the 

chemical substance. However, 

submitting a SNUN without any test 

data may increase the likelihood that 

EPA will take action under TSCA 

section 5(e), particularly if satisfactory 

test results have not been obtained from 

a prior PMN or SNUN submitter. EPA 

recommends that potential SNUN 

submitters contact EPA early enough so 

that they will be able to conduct the 

appropriate tests. 

SNUN submitters should be aware 

that EPA will be better able to evaluate 

SNUNs which provide detailed 

information on the following: 

• Human exposure and 

environmental release that may result 

from the significant new use of the 

chemical substances. 

• Potential benefits of the chemical 

substances. 

• Information on risks posed by the 

chemical substances compared to risks 

posed by potential substitutes. 

IX. Procedural Determinations 

By this rule, EPA is establishing 

certain significant new uses which have 

been claimed as CBI subject to Agency 

confidentiality regulations at 40 CFR 

part 2 and 40 CFR part 720, subpart E. 

Absent a final determination or other 

disposition of the confidentiality claim 

under 40 CFR part 2 procedures, EPA is 

required to keep this information 

confidential. EPA promulgated a 

procedure to deal with the situation 

where a specific significant new use is 

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

Under these procedures a 

manufacturer or processor may request 

EPA to determine whether a proposed 

use would be a significant new use 

under the rule. The manufacturer or 

processor must show that it has a bona 

fide intent to manufacture or process the 

chemical substance and must identify 

the specific use for which it intends to 

manufacture or process the chemical 

substance. If EPA concludes that the 

person has shown a bona fide intent to 

manufacture 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 and processors 

can combine the bona fide submission 

under the procedure in 

§ 14;721.1725(b)(1) with that under 

§ 14;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 or 

process the chemical substance so long 

as the significant new use trigger is not 

met. In the case of a production volume 

trigger, this means that the aggregate 

annual production volume does not 

exceed that identified in the bona fide 

submission to EPA. Because of 

confidentiality concerns, EPA does not 

typically disclose the actual production 

volume that constitutes the use trigger. 

Thus, if the person later intends to 

exceed that volume, a new bona fide 

submission would be necessary to 

determine whether that higher volume 

would be a significant new use. 

X. SNUN Submissions 

According to § 721.1(c), persons 

submitting a SNUN must comply with 

the same notification requirements and 

EPA regulatory procedures as persons 

submitting a PMN, including 

submission of test data on health and 

environmental effects as described 

in§ 720.50. SNUNs must be submitted 

on EPA Form No. 7710–25, generated 

using e-PMN software, and submitted to 

the Agency in accordance with the 

procedures set forth in §§ 720.40 and 

721.25. E–PMN software is available 

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

opptintr/newchems. 

XI. Economic Analysis 

EPA has evaluated the potential costs 

of establishing SNUN requirements for 

potential manufacturers and processors 

of the chemical substances subject to 

this rule. EPA’s complete economic 

analysis is available in the docket under 

docket ID number EPA–HQ–OPPT– 

2013–0399. 

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 (PRA) 

According to PRA (44 U.S.C. 3501 et 

seq.), an agency may not conduct or 

sponsor, and a person is not required to 

respond to a collection of information 

that requires OMB approval under PRA, 

unless it has been approved by OMB 

and displays a currently valid OMB 

control number. The OMB control 

numbers for EPA’s regulations in title 40 

of the CFR, after appearing in the 

Federal Register, are listed in 40 CFR 

part 9, and included on the related 

collection instrument or form, if 

applicable. EPA is amending the table in 

40 CFR part 9 to list the OMB approval 

number for the information collection 

requirements contained in this rule. 

This listing of the OMB control numbers 

and their subsequent codification in the 

CFR satisfies the display requirements 

of PRA and OMB’s implementing 

regulations at 5 CFR part 1320. This 

Information Collection Request (ICR) 

was previously subject to public notice 

and comment prior to OMB approval, 

and given the technical nature of the 

table, EPA finds that further notice and 

comment to amend it is unnecessary. As 

a result, EPA finds that there is ‘‘good 

cause’’ under section 553(b)(3)(B) of the 

Administrative Procedure Act (5 U.S.C. 

553(b)(3)(B)) to amend this table 

without further notice and comment. 

The information collection 

requirements related to this action have 

already been approved by OMB 

pursuant to PRA under OMB control 

number 2070–0012 (EPA ICR No. 574). 

This action does not impose any burden 

requiring additional OMB approval. If 

an entity were to submit a SNUN to the 

Agency, the annual burden is estimated 

to average between 30 and 170 hours 

per response. This burden estimate 

includes the time needed to review 

instructions, search existing data 

sources, gather and maintain the data 

needed, and complete, review, and 

submit the required SNUN. 

Send any comments about the 

accuracy of the burden estimate, and 

any suggested methods for minimizing 

respondent burden, including through 

the use of automated collection 

techniques, to the Director, Collection 

Strategies Division, Office of 

Environmental Information (2822T), 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001. Please remember to 

include the OMB control number in any 

correspondence, but do not submit any 

completed forms to this address. 


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48062 Federal Register / Vol. 78, No. 152 / Wednesday, August 7, 2013 / Rules and Regulations 

C. Regulatory Flexibility Act (RFA) 

On February 18, 2012, EPA certified 

pursuant to RFA section 605(b) (5 U.S.C. 

601 et seq.), that promulgation of a 

SNUR does not have a significant 

economic impact on a substantial 

number of small entities where the 

following are true: 

1. A significant number of SNUNs 

would not be submitted by small 

entities in response to the SNUR. 

2. The SNUR submitted by any small 

entity would not cost significantly more 

than $8,300. 

A copy of that certification is available 

in the docket for this rule. 

This rule is within the scope of the 

February 18, 2012 certification. Based 

on the Economic Analysis discussed in 

Unit XI. and EPA’s experience 

promulgating SNURs (discussed in the 

certification), EPA believes that the 

following are true: 

• A significant number of SNUNs 

would not be submitted by small 

entities in response to the SNUR. 

• Submission of the SNUN would not 

cost any small entity significantly more 

than $8,300. 

Therefore, the promulgation of the 

SNUR would not have a significant 

economic impact on a substantial 

number of small entities. 

D. Unfunded Mandates Reform Act 

(UMRA) 

Based on EPA’s experience with 

proposing and finalizing SNURs, State, 

local, and Tribal governments have not 

been impacted by these rulemakings, 

and EPA does not have any reasons to 

believe that any State, local, or Tribal 

government will be impacted by this 

rule. As such, EPA has determined that 

this rule does not impose any 

enforceable duty, contain any unfunded 

mandate, or otherwise have any effect 

on small governments subject to the 

requirements of UMRA sections 202, 

203, 204, or 205 (2 U.S.C. 1501 et seq.). 

E. Executive Order 13132 

This action will not have a substantial 

direct effect on States, on the 

relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132, entitled 

‘‘Federalism’’ (64 FR 43255, August 10, 

1999). 

F. Executive Order 13175 

This rule does not have Tribal 

implications because it is not expected 

to have substantial direct effects on 

Indian Tribes. This rule does not 

significantly nor uniquely affect the 

communities of Indian Tribal 

governments, nor does it involve or 

impose any requirements that affect 

Indian Tribes. Accordingly, the 

requirements of Executive Order 13175, 

entitled ‘‘Consultation and Coordination 

with Indian Tribal Governments’’ (65 FR 

67249, November 9, 2000), do not apply 

to this rule. 

G. Executive Order 13045 

This action is not subject to Executive 

Order 13045, entitled ‘‘Protection of 

Children from Environmental Health 

Risks and Safety Risks’’ (62 FR 19885, 

April 23, 1997), because this is not an 

economically significant regulatory 

action as defined by Executive Order 

12866, and this action does not address 

environmental health or safety risks 

disproportionately affecting children. 

H. Executive Order 13211 

This action is not subject to Executive 

Order 13211, entitled ‘‘Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

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

22, 2001), because this action is not 

expected to affect energy supply, 

distribution, or use and because this 

action is not a significant regulatory 

action under Executive Order 12866. 

I. National Technology Transfer and 

Advancement Act (NTTAA) 

In addition, since this action does not 

involve any technical standards, 

NTTAA section 12(d) (15 U.S.C. 272 

note), does not apply to this action. 

J. Executive Order 12898 

This action does not entail special 

considerations of environmental justice 

related issues as delineated by 

Executive Order 12898, entitled 

‘‘Federal Actions to Address 

Environmental Justice in Minority 

Populations and Low-Income 

Populations’’ (59 FR 7629, February 16, 

1994). 

XIII. Congressional Review Act 

Pursuant to the Congressional Review 

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

submit a report containing this rule and 

other required information to the U.S. 

Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of the rule in the Federal 

Register. This action is not a ‘‘major 

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

List of Subjects 

40 CFR Part 9 

Environmental protection, Reporting 

and recordkeeping requirements. 

40 CFR Part 721 

Environmental protection, Chemicals, 

Hazardous substances, Reporting and 

recordkeeping requirements. 

Dated: July 30, 2013. 

Maria J. Doa, 

Director, Chemical Control Division, Office 

of Pollution Prevention and Toxics. 

Therefore, 40 CFR parts 9 and 721 are 

amended as follows: 

PART 9—[AMENDED] 

■ 1. The authority citation for part 9 

continues to read as follows: 

Authority: 7 U.S.C. 135 et seq., 136–136y; 

15 U.S.C. 2001, 2003, 2005, 2006, 2601–2671; 

21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33 

U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318, 

1321, 1326, 1330, 1342, 1344, 1345(d) and 

(e), 1361; E.O. 11735, 38 FR 21243, 3 CFR, 

1971–1975 Comp. p. 973; 42 U.S.C. 241, 

242b, 243, 246, 300f, 300g, 300g–1, 300g–2, 

300g–3, 300g–4, 300g–5, 300g–6, 300j–1, 

300j–2, 300j–3, 300j–4, 300j–9, 1857 et seq., 

6901–6992k, 7401–7671q, 7542, 9601–9657, 

11023, 11048. 

■ 2. In § 9.1, add the following sections 

in numerical order under the 

undesignated center heading 

‘‘Significant New Uses of Chemical 

Substances’’ to read as follows: 

§ 9.1 OMB approvals under the Paperwork 

Reduction Act. 

* * * * * 

40 CFR citation OMB 

control No. 

* * * * * 

Significant New Uses of Chemical 

Substances 

* * * * * 

721.10671 ............................. 2070–0012 

721.10672 ............................. 2070–0012 

721.10673 ............................. 2070–0012 

721.10674 ............................. 2070–0012 

721.10675 ............................. 2070–0012 

721.10676 ............................. 2070–0012 

721.10677 ............................. 2070–0012 

721.10678 ............................. 2070–0012 

721.10679 ............................. 2070–0012 

721.10680 ............................. 2070–0012 

721.10681 ............................. 2070–0012 

721.10682 ............................. 2070–0012 

721.10683 ............................. 2070–0012 

721.10684 ............................. 2070–0012 

721.10685 ............................. 2070–0012 

721.10686 ............................. 2070–0012 

721.10687 ............................. 2070–0012 

721.10688 ............................. 2070–0012 

721.10689 ............................. 2070–0012 

721.10690 ............................. 2070–0012 

721.10691 ............................. 2070–0012 

721.10692 ............................. 2070–0012 

721.10693 ............................. 2070–0012 


emcdonald on DSK67QTVN1PROD with RULES
Federal Register / Vol. 78, No. 152 / Wednesday, August 7, 2013 / Rules and Regulations 48063 

40 CFR citation OMB 

control No. 

* * * * * 

* * * * * 

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 § 721.10671 to subpart E to 

read as follows: 

§ 721.10671 Multi-walled carbon 

nanotubes (generic). 

(a) Chemical substances and 

significant new uses subject to reporting. 

(1) The chemical substances identified 

generically as multi-walled carbon 

nanotubes (PMNs P–09–198 and P–09– 

199) are subject to reporting under this 

section for the significant new uses 

described in paragraph (a)(2) of this 

section. The requirements of this rule do 

not apply to quantities of the PMN 

substances after they have been 

completely reacted (cured); embedded 

or incorporated into a polymer matrix 

that itself has been reacted (cured); or 

embedded in a permanent solid polymer 

form that is not intended to undergo 

further processing, except mechanical 

processing. (2) The significant new uses are: 

(i) Protection in the workplace. 

Requirements as specified in § 721.63 

(a)(1), (a)(2)(i), (a)(2)(ii), (a)(3), (a)(4) 

(National Institute of Occupational 

Safety and Health (NIOSH)-certified airpurifying, tight-fitting full-face 

respirator equipped with N100 filters), 

(a)(6)(i), and (c). When determining 

which persons are reasonably likely to 

be exposed as required for § 721.63 

(a)(1) and (a)(4), engineering control 

measures (e.g., enclosure or 

confinement of the operation, general 

and local ventilation) or administrative 

control measures (e.g., workplace 

policies and procedures) shall be 

considered and implemented to prevent 

exposure, where feasible. (ii) Industrial, commercial, and 

consumer activities. Requirements as 

specified in § 721.80 (f), (k), and (q). (iii) Release to water. Requirements as 

specified in § 721.90 (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 and 

processors of these substances. (2) Limitations or revocation of 

certain notification requirements. The 

provisions of § 721.185 apply to this 

section. 

(3) Determining whether a specific use 

is subject to this section. The provisions 

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

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

■ 5. Add § 721.10672 to subpart E to 

read as follows: 

§ 721.10672 Sodium olefin sulfonate 

derivative (generic). 

(a) Chemical substances and 

significant new uses subject to reporting. 

(1) The chemical substances identified 

generically as sodium olefin sulfonate 

derivative (PMNs P–09–447 and P–09– 

448) are subject to reporting under this 

section for the significant new uses 

described in paragraph (a)(2) of this 

section. The requirements of this rule do 

not apply to quantities of the chemical 

substances after they have been 

completely reacted (cured) or 

partitioned into oil or petroleum 

streams following use as specific 

enhanced oil recovery applications that 

have been claimed confidential. 

(2) The significant new uses are: 

(i) Hazard communication program. 

Requirements as specified in § 721.72 

(a), (b), (c). (d), (e) (concentration set at 

1.0 percent), (f), (g)(3)(i), (g)(3)(ii), 

(g)(4)(i), and (g)(5). 

(ii) Industrial, commercial, and 

consumer activities. Requirements as 

specified in § 721.80(k). 

(iii) Release to water. Requirements as 

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

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

(b) Specific requirements. The 

provisions of subpart A of this part 

apply to this section except as modified 

by this paragraph. 

(1) Recordkeeping. Recordkeeping 

requirements as specified in § 721.125 

(a), (b), (c), (f), (g), (h), (i), and (k) are 

applicable to manufacturers and 

processors of these substances. 

(2) Limitations or revocation of 

certain notification requirements. The 

provisions of § 721.185 apply to this 

section. 

(3) Determining whether a specific use 

is subject to this section. The provisions 

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

(a)(1) of this section. 

■ 6. Add § 721.10673 to subpart E to 

read as follows: 

§ 721.10673 Alkanes, C21–34—branched 

and linear, chloro. 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substance identified as 

alkanes, C21–34—branched and linear, 

chloro (PMN P–12–539; CAS No. 

1417900–96–9) is subject to reporting 

under this section for the significant 

new uses described in paragraph (a)(2) 

of this section. 

(2) The significant new uses are: 

(i) Industrial, commercial, and 

consumer activities. Requirements as 

specified in § 721.80. A significant new 

use is manufacture of the PMN 

substance with greater than 1 weight 

percent (‘‘wt%’’) of chlorinated (‘‘Cl’’) 

paraffins with an alkyl chain ≤ 20 and 

§ 721.80(r) (Testing phase 1 is reached at 

1,200,000 kg for the aggregate of the 

PMN substances P–12–539, P–13–107, 

and P–13–109. Testing includes analysis 

for chain length and percent 

chlorination (for example by gas 

chromatography-mass spectrometry or 

high performance liquid 

chromatography-mass spectrometry). 

Present EPA with a certificate of 

analysis and all raw data for congener 

analysis on P–12–539, P–13–107, and 

P–13–109. Testing phase 2a is reached 

at 14,100,000 kg for the aggregate of the 

PMN substances P–12–539, P–13–107, 

and P–13–109. Testing includes a 

modified semi-continuous activated 

sludge (SCAS) test or modified SCAS 

test for insoluble and volatile chemicals 

or Zahn Wellens test with analytical 

procedures capable of measuring 

individual congeners and degradation 

products over time on three chlorinated 

linear C21 paraffin fractions to represent 

each of the 40%, 55%, and > 70% 

chlorine by weight, three chlorinated 

C26 linear paraffin fractions to represent 

each of the 40%, 55%, and > 70% 

chlorine by weight, three chlorinated 

linear paraffin fractions, whose chain 

length represents the central tendency 

of the congener distribution of the very 

long chain chlorinated paraffins 

(vLCCP) product as identified in testing 

phase 1, to represent each of the 40%, 

55%, and > 70% chlorine by weight. 

Testing phase 2b is reached at 

59,100,000 kg for the aggregate of the 

PMN substances P–12–539, P–13–107, 

and P–13–109. Testing includes aerobic 

and anaerobic transformation in soil test 

with analytical procedures capable of 

measuring individual congeners and 

degradation products over time and 

bioaccumulation in sediment-dwelling 

benthic oligochaetes on three 

chlorinated linear C21 paraffin fractions 

to represent each of the 40%, 55%, and 

> 70% chlorine by weight, three 

chlorinated C26 linear paraffin fractions 

to represent each of the 40%, 55%, and 

> 70% chlorine by weight, three 

chlorinated linear paraffin fractions, 

whose chain length represents the 

central tendency of the congener 

distribution of the vLCCP product as 

identified in testing phase 1, to 

represent each of the 40%, 55%, and 


emcdonald on DSK67QTVN1PROD with RULES
48064 Federal Register / Vol. 78, No. 152 / Wednesday, August 7, 2013 / Rules and Regulations 

phase 3 is reached at 78,400,000 kg for 

the aggregate of the PMN substances P– 

12–539, P–13–107, and P–13–109. If the 

degradation half-life of the test 

substance is 28 days or shorter from 

testing phase 2a the sediment-water 

chironomid life-cycle toxicity test using 

spiked water or spiked sediment is an 

acceptable test, otherwise sedimentwater lumbriculus toxicity test using 

spiked sediment is an acceptable test for 

any of the parent substances that are 

absorbed by the benthic oligochaetes in 

the bioaccumulation in sedimentdwelling benthic oligochaetes test. In 

the bioaccumulation in sedimentdwelling benthic oligochaetes test, use 

as test material any of the degradation 

products in testing phases 2a or 2b that 

are identified to potentially present an 

unreasonable risk or to further degrade 

to generate a substance of potential 

concern. Testing phase 4 is reached at 

86,100,000 kg for the aggregate of the 

PMN substances P–12–539, P–13–107, 

and P–13–109. If the degradation halflife of the test substance is 28 days or 

shorter from testing phase 3 the 

sediment-water chironomid life-cycle 

toxicity test using spiked water or 

spiked sediment is an acceptable test, 

otherwise the sediment-water 

lumbriculus toxicity test using spiked 

sediment is an acceptable test. Use 

degradation substances in testing phase 

3 that are absorbed by the benthic 

oligochaetes as the test material.) 

(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 and processors of this 

substance. 

(2) Limitations or revocation of 

certain notification requirements. The 

provisions of § 721.185 apply to this 

section. 

■ 7. Add § 721.10674 to subpart E to 

read as follows: 

§ 721.10674 Alkanes, C22–30—branched 

and linear, chloro. 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substance identified as 

alkanes, C22–30—branched and linear, 

chloro (PMN P–13–107; CAS No. 

1401947–24–0) 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. A significant new 

use is manufacture of the PMN 

substance with greater than 1 weight 

percent (‘‘wt%’’) of chlorinated (‘‘Cl’’) 

paraffins with an alkyl chain ≤ 20 and 

§ 721.80(r) (Testing phase 1 is reached at 

1,200,000 kg for the aggregate of the 

PMN substances P–12–539, P–13–107, 

and P–13–109. Testing includes analysis 

for chain length and percent 

chlorination (for example by gas 

chromatography-mass spectrometry or 

high performance liquid 

chromatography-mass spectrometry). 

Present EPA with a certificate of 

analysis and all raw data for congener 

analysis on P–12–539, P–13–107, and 

P–13–109. Testing phase 2a is reached 

at 14,100,000 kg for the aggregate of the 

PMN substances P–12–539, P–13–107, 

and P–13–109. Testing includes a 

modified semi-continuous activated 

sludge (SCAS) test or modified SCAS 

test for insoluble and volatile chemicals 

or Zahn Wellens test with analytical 

procedures capable of measuring 

individual congeners and degradation 

products over time on three chlorinated 

linear C21 paraffin fractions to represent 

each of the 40%, 55%, and > 70% 

chlorine by weight, three chlorinated 

C26 linear paraffin fractions to represent 

each of the 40%, 55%, and > 70% 

chlorine by weight, three chlorinated 

linear paraffin fractions, whose chain 

length represents the central tendency 

of the congener distribution of the very 

long chain chlorinated paraffins 

(vLCCP) product as identified in testing 

phase 1, to represent each of the 40%, 

55%, and > 70% chlorine by weight. 

Testing phase 2b is reached at 

59,100,000 kg for the aggregate of the 

PMN substances P–12–539, P–13–107, 

and P–13–109. Testing includes aerobic 

and anaerobic transformation in soil test 

with analytical procedures capable of 

measuring individual congeners and 

degradation products over time and 

bioaccumulation in sediment-dwelling 

benthic oligochaetes on three 

chlorinated linear C21 paraffin fractions 

to represent each of the 40%, 55%, and 

> 70% chlorine by weight, three 

chlorinated C26 linear paraffin fractions 

to represent each of the 40%, 55%, and 

> 70% chlorine by weight, three 

chlorinated linear paraffin fractions, 

whose chain length represents the 

central tendency of the congener 

distribution of the vLCCP product as 

identified in testing phase 1, to 

represent each of the 40%, 55%, and > 

70% chlorine by weight. Testing phase 

3 is reached at 78,400,000 kg for the 

aggregate of the PMN substances P–12– 

539, P–13–107, and P–13–109. If the 

degradation half-life of the test 

substance is 28 days or shorter from 

testing phase 2a the sediment-water 

chironomid life-cycle toxicity test using 

spiked water or spiked sediment is an 

acceptable test, otherwise sedimentwater lumbriculus toxicity test using 

spiked sediment is an acceptable test for 

any of the parent substances that are 

absorbed by the benthic oligochaetes in 

the bioaccumulation in sedimentdwelling benthic oligochaetes test. In 

the bioaccumulation in sedimentdwelling benthic oligochaetes test, use 

as test material any of the degradation 

products in testing phases 2a or 2b that 

are identified to potentially present an 

unreasonable risk or to further degrade 

to generate a substance of potential 

concern. Testing phase 4 is reached at 

86,100,000 kg for the aggregate of the 

PMN substances P–12–539, P–13–107, 

and P–13–109. If the degradation halflife of the test substance is 28 days or 

shorter from testing phase 3 the 

sediment-water chironomid life-cycle 

toxicity test using spiked water or 

spiked sediment is an acceptable test, 

otherwise the sediment-water 

lumbriculus toxicity test using spiked 

sediment is an acceptable test. Use 

degradation substances in testing phase 

3 that are absorbed by the benthic 

oligochaetes as the test material.) 

(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 and processors of this 

substance. 

(2) Limitations or revocation of 

certain notification requirements. The 

provisions of § 721.185 apply to this 

section. 

■ 8. Add § 721.10675 to subpart E to 

read as follows: 

§ 721.10675 Alkanes, C24–28, chloro. 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substance identified as 

alkanes, C24–28, chloro (PMN P–13– 

109; CAS No. 1402738–52–6) is subject 

to reporting under this section for the 

significant new uses described in 

paragraph (a)(2) of this section. 

(2) The significant new uses are: 

(i) Industrial, commercial, and 

consumer activities. Requirements as 

specified in § 721.80. A significant new 

use is manufacture of the PMN 

substance with greater than 1 weight 

percent (‘‘wt%’’) of chlorinated (‘‘Cl’’) 

paraffins with an alkyl chain ≤ 20 and 

§ 721.80(r) (Testing phase 1 is reached at 

1,200,000 kg for the aggregate of the 


emcdonald on DSK67QTVN1PROD with RULES
Federal Register / Vol. 78, No. 152 / Wednesday, August 7, 2013 / Rules and Regulations 48065 

PMN substances P–12–539, P–13–107, 

and P–13–109. Testing includes analysis 

for chain length and percent 

chlorination (for example by gas 

chromatography-mass spectrometry or 

high performance liquid 

chromatography-mass spectrometry). 

Present EPA with a certificate of 

analysis and all raw data for congener 

analysis on P–12–539, P–13–107, and 

P–13–109. Testing phase 2a is reached 

at 14,100,000 kg for the aggregate of the 

PMN substances P–12–539, P–13–107, 

and P–13–109. Testing includes a 

modified semi-continuous activated 

sludge (SCAS) test or modified SCAS 

test for insoluble and volatile chemicals 

or Zahn Wellens test with analytical 

procedures capable of measuring 

individual congeners and degradation 

products over time on three chlorinated 

linear C21 paraffin fractions to represent 

each of the 40%, 55%, and > 70% 

chlorine by weight, three chlorinated 

C26 linear paraffin fractions to represent 

each of the 40%, 55%, and > 70% 

chlorine by weight, three chlorinated 

linear paraffin fractions, whose chain 

length represents the central tendency 

of the congener distribution of the very 

long chain chlorinated paraffins 

(vLCCP) product as identified in testing 

phase 1, to represent each of the 40%, 

55%, and > 70% chlorine by weight. 

Testing phase 2b is reached at 

59,100,000 kg for the aggregate of the 

PMN substances P–12–539, P–13–107, 

and P–13–109. Testing includes aerobic 

and anaerobic transformation in soil test 

with analytical procedures capable of 

measuring individual congeners and 

degradation products over time and 

bioaccumulation in sediment-dwelling 

benthic oligochaetes on three 

chlorinated linear C21 paraffin fractions 

to represent each of the 40%, 55%, and 

> 70% chlorine by weight, three 

chlorinated C26 linear paraffin fractions 

to represent each of the 40%, 55%, and 

> 70% chlorine by weight, three 

chlorinated linear paraffin fractions, 

whose chain length represents the 

central tendency of the congener 

distribution of the vLCCP product as 

identified in testing phase 1, to 

represent each of the 40%, 55%, and > 

70% chlorine by weight. Testing phase 

3 is reached at 78,400,000 kg for the 

aggregate of the PMN substances P–12– 

539, P–13–107, and P–13–109. If the 

degradation half-life of the test 

substance is 28 days or shorter from 

testing phase 2a the sediment-water 

chironomid life-cycle toxicity test using 

spiked water or spiked sediment is an 

acceptable test, otherwise sedimentwater lumbriculus toxicity test using 

spiked sediment is an acceptable test for 

any of the parent substances that are 

absorbed by the benthic oligochaetes in 

the bioaccumulation in sedimentdwelling benthic oligochaetes test. In 

the bioaccumulation in sedimentdwelling benthic oligochaetes test, use 

as test material any of the degradation 

products in testing phases 2a or 2b that 

are identified to potentially present an 

unreasonable risk or to further degrade 

to generate a substance of potential 

concern. Testing phase 4 is reached at 

86,100,000 kg for the aggregate of the 

PMN substances P–12–539, P–13–107, 

and P–13–109. If the degradation halflife of the test substance is 28 days or 

shorter from testing phase 3 the 

sediment-water chironomid life-cycle 

toxicity test using spiked water or 

spiked sediment is an acceptable test, 

otherwise the sediment-water 

lumbriculus toxicity test using spiked 

sediment is an acceptable test. Use 

degradation substances in testing phase 

3 that are absorbed by the benthic 

oligochaetes as the test material.) 

(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 and processors of this 

substance. 

(2) Limitations or revocation of 

certain notification requirements. The 

provisions of § 721.185 apply to this 

section. 

■ 9. Add § 721.10676 to subpart E to 

read as follows: 

§ 721.10676 Aromatic hydrocarbon 

mixture (generic). 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substance identified 

generically as aromatic hydrocarbon 

mixture (PMN P–12–551) 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=78). 

(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 and processors of this 

substance. 

(2) Limitations or revocation of 

certain notification requirements. The 

provisions of § 721.185 apply to this 

section. 

■ 10. Add § 721.10677 to subpart E to 

read as follows: 

§ 721.10677 Alkyl phosphonate (generic). 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substance identified 

generically as alkyl phosphonate (PMN 

P–12–584) is subject to reporting under 

this section for the significant new uses 

described in paragraph (a)(2) of this 

section. 

(2) The significant new uses are: 

(i) Industrial, commercial, and 

consumer activities. Requirements as 

specified in § 721.80(g). 

(ii) Protection in the workplace. 

Requirements as specified in § 721.63 

(a)(1), (a)(2)(i), and (a)(3). When 

determining which persons are 

reasonably likely to be exposed as 

required for § 721.63 (a)(1) and (a)(4), 

engineering control measures (e.g., 

enclosure or confinement of the 

operation, general and local ventilation) 

or administrative control measures (e.g., 

workplace policies and procedures) 

shall be considered and implemented to 

prevent exposure, where feasible. 

(iii) Release to water. Requirements as 

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

(c)(4) (N=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 and 

processors of this substance. 

(2) Limitations or revocation of 

certain notification requirements. The 

provisions of § 721.185 apply to this 

section. 

■ 11. Add § 721.10678 to subpart E to 

read as follows: 

§ 721.10678 1,4-Cyclohexanedicarboxylic 

acid, 1,4-dimethyl ester, hydrogenolysis 

products. 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substance identified as 

1,4-cyclohexanedicarboxylic acid, 1,4- 

dimethyl ester, hydrogenolysis products 

(PMN P–13–10; CAS No. 1373220–73–5) 

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)(4), (b)(4), and 

(c)(4) (N=20). 

(ii) [Reserved] 

(b) Specific requirements. The 

provisions of subpart A of this part 


emcdonald on DSK67QTVN1PROD with RULES
48066 Federal Register / Vol. 78, No. 152 / Wednesday, August 7, 2013 / Rules and Regulations 

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 and processors of this 

substance. 

(2) Limitations or revocation of 

certain notification requirements. The 

provisions of § 721.185 apply to this 

section. 

■ 12. Add § 721.10679 to subpart E to 

read as follows: 

§ 721.10679 Carboxylic acid, substituted 

alkylstannylene ester, reaction products 

with inorganic acid tetra alkyl ester 

(generic). 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substance identified 

generically as carboxylic acid, 

substituted alkylstannylene ester, 

reaction products with inorganic acid 

tetra alkyl ester (PMN P–13–30) is 

subject to reporting under this section 

for the significant new uses described in 

paragraph (a)(2) of this section. 

(2) The significant new uses are: 

(i) Industrial, commercial, and 

consumer activities. Requirements as 

specified in § 721.80(o). 

(ii) Protection in the workplace. 

Requirements as specified in § 721.63 

(a)(1), (a)(2)(i), (a)(3), (b) (concentration 

set at 1.0%), and (c). When determining 

which persons are reasonably likely to 

be exposed as required for § 721.63 

(a)(1) and (a)(4), engineering control 

measures (e.g., enclosure or 

confinement of the operation, general 

and local ventilation) or administrative 

control measures (e.g., workplace 

policies and procedures) shall be 

considered and implemented to prevent 

exposure, where feasible. 

(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 (e) are applicable to 

manufacturers and processors of this 

substance. 

(2) Limitations or revocation of 

certain notification requirements. The 

provisions of § 721.185 apply to this 

section. 

■ 13. Add § 721.10680 to subpart E to 

read as follows: 

§ 721.10680 Fatty acid amides (generic). 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substances identified 

generically as fatty acid amides (PMNs 

P–13–44, P–13–46, P–13–47, P–13–50, 

and P–13–51) are subject to reporting 

under this section for the significant 

new uses described in paragraph (a)(2) 

of this section. 

(2) The significant new uses are: 

(i) Industrial, commercial, and 

consumer activities. Requirements as 

specified in § 721.80. A significant new 

use is any use other than as adhesion 

promoters for asphalt applications or 

emulsifiers for asphalt applications. 

(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 and processors of this 

substance. 

(2) Limitations or revocation of 

certain notification requirements. The 

provisions of § 721.185 apply to this 

section. 

■ 14. Add § 721.10681 to subpart E to 

read as follows: 

§ 721.10681 Alkaneamide, halodialkylthienyl-alkoxydialkyl-, manuf. of byproducts from (generic). 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substances identified 

generically as alkaneamide, halodialkylthienyl-alkoxydialkyl-, manuf. of 

by-products from (PMNs P–13–55 and 

PMN P–13–56) are subject to reporting 

under this section for the significant 

new uses described in paragraph (a)(2) 

of this section. 

(2) The significant new uses are: 

(i) Industrial, commercial, and 

consumer activities. Requirements as 

specified in § 721.80(j). 

(ii) Release to water. Requirements as 

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

(c)(4) (N=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), (i) and (k) are applicable to 

manufacturers and processors of these 

substances. 

(2) Limitations or revocation of 

certain notification requirements. The 

provisions of § 721.185 apply to this 

section. 

(3) Determining whether a specific use 

is subject to this section. The provisions 

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

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

■ 15. Add § 721.10682 to subpart E to 

read as follows: 

§ 721.10682 Fatty acid amide 

hydrochlorides (generic). 

(a) Chemical substances and 

significant new uses subject to reporting. 

(1) The chemical substances identified 

generically as fatty acid amide 

hydrochlorides (PMNs P–13–63, P–13– 

64, P–13–65, P–13–69, P–13–70, P–13– 

71, P–13–72, P–13–73, P–13–74, P–13– 

75, P–13–76, and P–13–77) are subject 

to reporting under this section for the 

significant new uses described in 

paragraph (a)(2) of this section. 

(2) The significant new uses are: 

(i) Industrial, commercial, and 

consumer activities. Requirements as 

specified in § 721.80. A significant new 

use is any use other than as surfactants 

for use in asphalt emulsions. 

(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 and processors of these 

substances. 

(2) Limitations or revocation of 

certain notification requirements. The 

provisions of § 721.185 apply to this 

section. 

■ 16. Add § 721.10683 to subpart E to 

read as follows: 

§ 721.10683 Dialkylamino cocoalkyl 

alkylamide acid salt (generic). 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substance identified 

generically as dialkylamino cocoalkyl 

alkylamide acid salt (PMN P–13–131) 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 and processors of this 

substance. 

(2) Limitations or revocation of 

certain notification requirements. The 

provisions of § 721.185 apply to this 

section. 

■ 17. Add § 721.10684 to subpart E to 

read as follows: 


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Federal Register / Vol. 78, No. 152 / Wednesday, August 7, 2013 / Rules and Regulations 48067 

§ 721.10684 Substituted benzenamine 

schiff base (generic). 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substance identified 

generically as substituted benzenamine 

schiff base (PMN P–13–135) 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 and processors of this 

substance. 

(2) Limitations or revocation of 

certain notification requirements. The 

provisions of § 721.185 apply to this 

section. 

■ 18. Add § 721.10685 to subpart E to 

read as follows: 

§ 721.10685 Phosphoric acid, mixed 

esters (generic). 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substance identified 

generically as phosphoric acid, mixed 

esters (PMN P–13–170) 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 and processors of this 

substance. 

(2) Limitations or revocation of 

certain notification requirements. The 

provisions of § 721.185 apply to this 

section. 

■ 19. Add § 721.10686 to subpart E to 

read as follows: 

§ 721.10686 Fatty acid amides (generic). 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substances identified 

generically as fatty acid amides (PMNs 

P–13–180, P–13–181, P–13–182, P–13– 

183, P–13–184, and P–13–185) are 

subject to reporting under this section 

for the significant new uses described in 

paragraph (a)(2) of this section. 

(2) The significant new uses are: 

(i) Industrial, commercial, and 

consumer activities. Requirements as 

specified in § 721.80. A significant new 

use is any use other than as adhesion 

promoters for asphalt applications or 

emulsifiers for asphalt applications. 

(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 and processors of these 

substances. 

(2) Limitations or revocation of 

certain notification requirements. The 

provisions of § 721.185 apply to this 

section. 

■ 20. Add § 721.10687 to subpart E to 

read as follows: 

§ 721.10687 Fatty acid amide 

hydrochlorides (generic). 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substances identified 

generically as fatty acid amide 

hydrochlorides (PMNs P–13–201, P–13– 

203, P–13–204, P–13–205, P–13–206, P– 

13–207, P–13–208, and P–13–209) are 

subject to reporting under this section 

for the significant new uses described in 

paragraph (a)(2) of this section. 

(2) The significant new uses are: 

(i) Industrial, commercial, and 

consumer activities. Requirements as 

specified in § 721.80. A significant new 

use is any use other than as surfactants 

for asphalt emulsions. 

(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 and processors of these 

substances. 

(2) Limitations or revocation of 

certain notification requirements. The 

provisions of § 721.185 apply to this 

section. 

■ 21. Add § 721.10688 to subpart E to 

read as follows: 

§ 721.10688 Copper, chloro[tris(2- 

chloroethyl) phosphite-.kappa.P]-. 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substance identified as 

copper, chloro[tris(2-chloroethyl) 

phosphite-.kappa.P]- (PMN P–13–221; 

CAS No. 24484–01–3) is subject to 

reporting under this section for the 

significant new uses described in 

paragraph (a)(2) of this section. 

(2) The significant new uses are: 

(i) Industrial, commercial, and 

consumer activities. Requirements as 

specified in § 721.80(j). 

(ii) Release to water. Requirements as 

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

(c)(4) (N=6). 

(b) Specific requirements. The 

provisions of subpart A of this part 

apply to this section except as modified 

by this paragraph. 

(1) Recordkeeping. Recordkeeping 

requirements as specified in § 721.125 

(a), (b), (c), (i), and (k) are applicable to 

manufacturers and processors of this 

substance. 

(2) Limitations or revocation of 

certain notification requirements. The 

provisions of § 721.185 apply to this 

section. 

(3) Determining whether a specific use 

is subject to this section. The provisions 

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

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

■ 22. Add § 721.10689 to subpart E to 

read as follows: 

§ 721.10689 Organo zinc salts (generic). 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substance identified 

generically as organo zinc salts (PMN P– 

13–225) 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 and processors of this 

substance. 

(2) Limitations or revocation of 

certain notification requirements. The 

provisions of § 721.185 apply to this 

section. 

■ 23. Add § 721.10690 to subpart E to 

read as follows: 


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48068 Federal Register / Vol. 78, No. 152 / Wednesday, August 7, 2013 / Rules and Regulations 

§ 721.10690 Benzenedicarboxylic acid, 

polymer with substituted alkanediol, 

dodecanedioic acid, 1,2-ethanediol, 

alkanedioic acid, alkanediol,.alpha.-hydro- 

.omega.-hydroxypoly[oxyalkanediyl], 1,3- 

isobenzofurandione, methylene diphenyl 

diisocyanate, 2-oxepanone, 2,2’- 

oxybis[ethanol] and polymethylene 

polyphenylene isocyanate (generic). 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substance identified 

generically as benzenedicarboxylic acid, 

polymer with substituted alkanediol, 

dodecanedioic acid, 1,2-ethanediol, 

alkanedioic acid, alkanediol,.alpha.- 

hydro-.omega.- 

hydroxypoly[oxyalkanediyl], 1,3- 

isobenzofurandione, methylene 

diphenyl diisocyanate, 2-oxepanone, 

2,2’-oxybis[ethanol] and polymethylene 

polyphenylene isocyanate (PMN P–13– 

232) is subject to reporting under this 

section for the significant new uses 

described in paragraph (a)(2) of this 

section. 

(2) The significant new uses are: 

(i) Industrial, commercial, and 

consumer activities. Requirements as 

specified in § 721.80 (o) and (y)(1). 

(ii) [Reserved] 

(b) Specific requirements. The 

provisions of subpart A of this part 

apply to this section except as modified 

by this paragraph. 

(1) Recordkeeping. Recordkeeping 

requirements as specified in § 721.125 

(a), (b), (c), and (i) are applicable to 

manufacturers and processors of this 

substance. 

(2) Limitations or revocation of 

certain notification requirements. The 

provisions of § 721.185 apply to this 

section. 

■ 24. Add § 721.10691 to subpart E to 

read as follows: 

§ 721.10691 Fatty acid amide (generic). 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substance identified 

generically as fatty acid amide (PMN P– 

13–267) 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 and processors of this 

substance. 

(2) Limitations or revocation of 

certain notification requirements. The 

provisions of § 721.185 apply to this 

section. 

■ 25. Add § 721.10692 to subpart E to 

read as follows: 

§ 721.10692 Fluorinated alkyl dianiline 

(generic). 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substance identified 

generically as fluorinated alkyl dianiline 

(PMN P–13–288) is subject to reporting 

under this section for the significant 

new uses described in paragraph (a)(2) 

of this section. 

(2) The significant new uses are: 

(i) Industrial, commercial, and 

consumer activities. Requirements as 

specified in § 721.80(g). 

(ii) [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 and processors of this 

substance. 

(2) Limitations or revocation of 

certain notification requirements. The 

provisions of § 721.185 apply to this 

section. 

■ 26. Add § 721.10693 to subpart E to 

read as follows: 

§ 721.10693 Diphenylmethane 

diisocyanate polymer with alkanoic diacid 

and alkanediol (generic). 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substance identified 

generically as diphenylmethane 

diisocyanate polymer with alkanoic 

diacid and alkanediol (PMN P–13–338) 

is subject to reporting under this section 

for the significant new uses described in 

paragraph (a)(2) of this section. 

(2) The significant new uses are: 

(i) Industrial, commercial, and 

consumer activities. Requirements as 

specified in § 721.80 (o) and (y)(1). 

(ii) [Reserved] 

(b) Specific requirements. The 

provisions of subpart A of this part 

apply to this section except as modified 

by this paragraph. 

(1) Recordkeeping. Recordkeeping 

requirements as specified in § 721.125 

(a), (b), (c), and (i) are applicable to 

manufacturers and processors of this 

substance. 

(2) Limitations or revocation of 

certain notification requirements. The 

provisions of § 721.185 apply to this 

section. 

[FR Doc. 2013–18982 Filed 8–6–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2012–0262; FRL–9388–9] 

Topramezone; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

tolerances for residues of topramezone 

in or on multiple commodities which 

are identified and discussed later in this 

document. BASF Corporation requested 

these tolerances under the Federal Food, 

Drug, and Cosmetic Act (FFDCA). 

DATES: This regulation is effective 

August 7, 2013. Objections and requests 

for hearings must be received on or 

before October 7, 2013, and must be 

filed in accordance with the instructions 

provided in 40 CFR Part 178 (see also 

Unit I.C. of the SUPPLEMENTARY

INFORMATION). 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2012–0262, is 

available at http://www.regulations.gov 

or at the Office of Pesticide Programs 

Regulatory Public Docket (OPP Docket) 

in the Environmental Protection Agency 

Docket Center (EPA/DC), EPA West 

Bldg., Rm. 3334, 1301 Constitution Ave. 

NW., Washington, DC 20460–0001. 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 OPP 

Docket is (703) 305–5805. Please review 

the visitor instructions and additional 

information about the docket available 

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

FOR FURTHER INFORMATION CONTACT: Lois 

Rossi, Registration Division (7505P), 

Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001; telephone number: 

(703) 305–7090; email address: 

RDFRNotices@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. The following 

list of North American Industrial 

Classification System (NAICS) codes is 

not intended to be exhaustive, but rather 

provides a guide to help readers 


emcdonald on DSK67QTVN1PROD with RULES