Federal Register / Vol. 60, No. 40 / Wednesday, March 1, 1995 / Rules and Regulations 11033

that the establishment of a tolerance is

not necessary to protect the public

health. Therefore, the exemption from

requirement of a tolerance is established

as set forth below.

Any person adversely affected by this

regulation may, within 30 days after

publication of this document in the

Federal Register, file written objections

and/or request a hearing with the

Hearing Clerk, at the address given

above (40 CFR 178.20). A copy of the

objections and/or hearing requests filed

with the Hearing Clerk should be

submitted to the OPP docket for this

rulemaking. The objections submitted

must specify the provisions of the

regulation deemed objectionable and the

grounds for the objections (40 CFR

178.25). Each objection must be

accompanied by the fee prescribed by

40 CFR 180.33(i). If a hearing is

requested, the objections must include a

statement of the factual issue(s) on

which a hearing is requested, the

requestor’s contentions on such issues,

and a summary of any evidence relied

upon by the objector (40 CFR 178.27). A

request for a hearing will be granted if

the Administrator determines that the

material submitted shows the following:

There is a genuine and substantial issue

of fact; there is a reasonable possibility

that available evidence identified by the

requestor would, if established, resolve

one or more of such issues in favor of

the requestor, taking into account

uncontested claims or facts to the

contrary; and resolution of the factual

issue(s) in the manner sought by the

requestor would be adequate to justify

the action requested (40 CFR 178.32).

Under Executive Order 12866 (58 FR

51735, Oct. 4, 1993), the Agency must

determine whether the regulatory action

is ‘‘significant’’ and therefore subject to

review by the Office of Management and

Budget (OMB) and the requirements of

the Executive Order. Under section 3(f),

the order defines a ‘‘significant

regulatory action’’ as an action that is

likely to result in a rule (1) having an

annual effect on the economy of $100

million or more, or adversely and

materially affecting a sector of the

economy, productivity, competition,

jobs, the environment, public health or

safety, or State, local, or tribal

governments or communities (also

referred to as ‘‘economically

significant’’); (2) creating serious

inconsistency or otherwise interfering

with an action taken or planned by

another agency; (3) materially altering

the budgetary impacts of entitlement,

grants, user fees, or loan programs or the

rights and obligations or recipients

thereof; or (4) raising novel legal or

policy issues arising out of legal

mandates, the President’s priorities, or

the principles set forth in this Executive

Order.

Pursuant to the terms of the Executive

Order, EPA has determined that this

rule is not ‘‘significant’’ and is therefore

not subject to OMB review.

Pursuant to the requirements of the

Regulatory Flexibility Act (Pub. L. 96-

354, 94 Stat. 1164, 5 U.S.C. 601-612),

the Administrator has determined that

regulations establishing new tolerances

or raising tolerance levels or

establishing exemptions from tolerance

requirements do not have a significant

economic impact on a substantial

number of small entities. A certification

statement to this effect was published in

the Federal Register of May 4, 1981 (46

FR 24950).

List of Subjects in 40 CFR Part 180

Environmental protection,

Administrative practice and procedure,

Agricultural commodities, Pesticides

and pests, Reporting and recordkeeping

requirements.

Dated: February 14, 1995.

Daniel M. Barolo,

Director, Office of Pesticide Programs.

Therefore, 40 CFR part 180 is

amended as follows:

PART 180—[AMENDED]

1. The authority citation for part 180

continues to read as follows:

Authority: 21 U.S.C. 346a and 371.

2. In subpart D, by adding new

§ 180.1144, to read as follows:

§ 180.1144 Candida oleophila isolate I-182;

exemption from the requirement of a

tolerance.

Candida oleophila isolate I-182, when

used as a post-harvest biological

fungicide, is exempted from the

requirement of a tolerance in or on all

raw agricultural commodities.

[FR Doc. 95–4599 Filed 2–28–95; 8:45 am]

BILLING CODE 6560–50–F

40 CFR Part 721

[OPPTS–50620; FRL–4868–4]

RIN 2070–AB27

Significant New Uses of Certain

Chemical Substances

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: EPA is promulgating

significant new use rules (SNURs) under

section 5(a)(2) of the Toxic Substances

Control Act (TSCA) for certain chemical

substances which were the subject of

premanufacture notices (PMNs) and

subject to TSCA section 5(e) consent

orders issued by EPA. Today’s action

requires persons who intend to

manufacture, import, or process these

substances for a significant new use to

notify EPA at least 90 days before

commencing the manufacturing or

processing of the substance for a use

designated by this SNUR as a significant

new use. The required notice will

provide EPA with the opportunity to

evaluate the intended use, and if

necessary, to prohibit or limit that

activity before it occurs. EPA is

promulgating this SNUR using direct

final procedures.

DATES: The effective date of this rule is

May 1, 1995. This rule shall be

promulgated for purposes of judicial

review at 1 p.m. Eastern Standard Time

on March 15, 1995. If EPA receives

notice before March 31, 1995 that

someone wishes to submit adverse or

critical comments on EPA’s action in

establishing a SNUR for one or more of

the chemical substances subject to this

rule, EPA will withdraw the SNUR for

the substance for which the notice of

intent to comment is received and will

issue a proposed SNUR providing a 30–

day period for public comment.

ADDRESSES: Each comment or notice of

intent to submit adverse or critical

comment must bear the docket control

number OPPTS–50620 and the name(s)

of the chemical substance(s) subject to

the comment. All comments should be

sent in triplicate to: Environmental

Protection Agency, OPPT Document

Receipt Officer (7407), 401 M St., SW.,

Rm. E–G099, Washington, DC 20460.

All comments which are claimed

confidential must be clearly marked as

such. Three additional sanitized copies

of any comments containing

confidential business information (CBI)

must also be submitted. Nonconfidential

versions of comments on this rule will

be placed in the rulemaking record and

will be available for public inspection.

FOR FURTHER INFORMATION CONTACT:

James B. Willis, Acting Director,

Environmental Assistance Division

(7408), Office of Pollution Prevention

and Toxics, Environmental Protection

Agency, Rm. E–543B, 401 M St., SW.,

Washington, DC 20460, Telephone:

(202) 554–1404, TDD: (202) 554–0551.

SUPPLEMENTARY INFORMATION: This

SNUR will require persons to notify

EPA at least 90 days before commencing

manufacturing or processing a substance

for any activity designated by this SNUR

as a significant new use. The supporting

rationale and background to this rule are
11034 Federal Register / Vol. 60, No. 40 / Wednesday, March 1, 1995 / Rules and Regulations

more fully set out in the preamble to

EPA’s first direct final SNURs published

in the Federal Register of April 24, 1990

(55 FR 17376). Consult that preamble for

further information on the objectives,

rationale, and procedures for the rules

and on the basis for significant new use

designations including provisions for

developing test data.

I. Authority

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

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

that a use of a chemical substance is a

‘‘significant new use.’’ EPA must make

this determination by rule after

considering all relevant factors,

including those listed in section 5(a)(2).

Once EPA determines that a use of a

chemical substance is a significant new

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

persons to submit a notice to EPA at

least 90 days before they manufacture,

import, or process the substance for that

use. The mechanism for reporting under

this requirement is established under 40

CFR 721.10.

II. Applicability of General Provisions

General provisions for SNURs appear

under subpart A of 40 CFR part 721.

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 final rule.

Provisions relating to user fees appear at

40 CFR part 700. Persons subject to this

SNUR must comply with the same

notice requirements and EPA regulatory

procedures as submitters of PMNs under

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

these requirements include the

information submission requirements of

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

authorized by section 5(h)(1), (2), (3),

and (5), and the regulations at 40 CFR

part 720. Once EPA receives a SNUR

notice, EPA may take regulatory action

under section 5(e), 5(f), 6, or 7 to control

the activities on which it has received

the SNUR notice. If EPA does not take

action, EPA is required under section

5(g) to explain in the Federal Register

its reasons for not taking action.

Persons who intend to export a

substance identified in a proposed or

final SNUR are subject to the export

notification provisions of TSCA section

12(b). The regulations that interpret

section 12(b) appear at 40 CFR part 707.

Persons who intend to import a

chemical substance identified in a final

SNUR are subject to the TSCA section

13 import certification requirements,

which are codified at 19 CFR 12.118

through 12.127 and 127.28. Such

persons must certify that they are in

compliance with the SNUR

requirements. The EPA policy in

support of the import certification

appears at 40 CFR part 707.

III. Substances Subject to This Rule

EPA is establishing significant new

use and recordkeeping requirements for

the following chemical substances

under 40 CFR part 721 subpart E. In this

unit, EPA provides a brief description

for each substance, including its PMN

number, chemical name (generic name

if the specific name is claimed as CBI),

CAS number (if assigned), basis for the

action taken by EPA in the section 5(e)

consent order or as a non-section 5(e)

SNUR for the substance (including the

statutory citation and specific finding),

toxicity concern, and the CFR citation

assigned in the regulatory text section of

this rule. The specific uses which are

designated as significant new uses are

cited in the regulatory text section of

this document by reference to 40 CFR

part 721, subpart B where the significant

new uses are described in detail. Certain

new uses, including production limits

and other uses designated in the rule are

claimed as CBI. The procedure for

obtaining confidential information is set

out in Unit VII. of this preamble.

Where the underlying section 5(e)

order prohibits the PMN submitter from

exceeding a specified production limit

without performing specific tests to

determine the health or environmental

effects of a substance, the tests are

described in this unit. As explained

further in Unit VI. of this preamble, the

SNUR for such substances contains the

same production limit, and exceeding

the production limit is defined as a

significant new use. Persons who intend

to exceed the production limit must

notify the Agency by submitting a

significant new use notice (SNUN) at

least 90 days in advance. In addition,

this unit describes tests that are

recommended by EPA to provide

sufficient information to evaluate the

substance, but for which no production

limit has been established in the section

5(e) order. Descriptions of

recommended tests are provided for

informational purposes.

Data on potential exposures or

releases of the substances, testing other

than that specified in the section 5(e)

order for the substances, or studies on

analogous substances, which may

demonstrate that the significant new

uses being reported do not present an

unreasonable risk, may be included

with significant new use notification.

Persons submitting a SNUN must

comply with the same notice

requirements and EPA regulatory

procedures as submitters of PMNs, as

stated in 40 CFR 721.1(c), including

submission of test data on health and

environmental effects as described in 40

CFR 720.50.

EPA is not publishing SNURs for two

PMN substances, P–93–1096 and P–94–

138, which are subject to a final 5(e)

consent order. The 5(e) consent orders

for these substances are derived from an

exposure finding based solely on

substantial production volume and

significant or substantial human

exposure and/or release to the

environment of substantial quantities.

For these cases there were limited or no

toxicity data available for the PMN

substances. In such cases, EPA regulates

the new chemical substances under

section 5(e) by requiring certain toxicity

tests. For instance, chemical substances

with potentially substantial releases to

surface waters would be subject to

toxicity testing of aquatic organisms and

chemicals with potentially substantial

human exposures would be subject to

health effects testing for mutagenicity,

acute effects, and subchronic effects.

However, for these substances, the

short-term toxicity testing required by

the 5(e) order is usually completed

within 1 to 2 years of notice of

commencement. EPA’s experience with

exposure-based SNURs requiring shortterm testing is that the SNUR is often

revoked within 1 to 2 years when the

test results are received. Rather than

issue and revoke SNURs in such a short

span of time, EPA will defer publication

of exposure-based SNURs until either a

Notice of Commencement (NOC) or data

demonstrating risk are received unless

the toxicity testing required is longterm. EPA is issuing this explanation

and notification as required in 40 CFR

721.160(a)(2) as it has determined that

SNURs are not needed at this time for

these substances which are subject to a

final 5(e) consent order under TSCA.

PMN Number P–93–193

Chemical name: Propanol, [2-(1,1-

dimethyl- ethoxy)methylethoxy]-.

CAS number: 132739–31–2.

Effective date of section 5(e) consent

order: May 7, 1994.

Basis for section 5(e) consent order: The

order was issued under section

5(e)(1)(A)(i) and (ii)(II) of TSCA based

on a finding that this substance is

expected to be produced in substantial

quantities and there may be substantial

human exposures and environmental

release.

Recommended testing: EPA has

determined that the results of an Ames

assay (with and without activation)(40

CFR 798.5265), an in vivo mouse

micronucleus assay by the

intraperitoneal route (40 CFR 798.5395),
Federal Register / Vol. 60, No. 40 / Wednesday, March 1, 1995 / Rules and Regulations 11035

a one-specie (oral) developmental

toxicity test (40 CFR 798.4900), and a

90–day subchronic oral toxicity with

functional observation battery (FOB)

study, neuropathology, and motor

activity (NTIS PB–91–145617

neurotoxicity guideline) would help

characterize possible health effects of

the substance. EPA has also determined

that an inherent biodegradability in soil

test (40 CFR 796.3400), a

semicontinuous activated sludge test (40

CFR 796.3340), and a soil thin layer

chromatography (40 CFR 796.2700) or

sediment and soil adsorption isotherm

test (40 CFR 796.2750) would help

characterize possible environmental

effects of the substance. The PMN

submitter has agreed not to exceed the

production volume limit without

performing these tests.

CFR citation: 40 CFR 721.8170.

PMN Numbers P–93–313 through 316

Chemical name: (generic) Carboxylic

acids, (C6–C9) branched and linear.

CAS number: Not available.

Effective date of section 5(e) consent

order: April 16, 1994.

Basis for section 5(e) consent order: The

order was issued under section

5(e)(1)(A)(i) and (ii)(I) of TSCA based on

a finding that this substance may

present an unreasonable risk of injury to

the environment.

Toxicity concern: Toxicity testing of the

PMN substances demonstrated potential

chronic toxicity to fish and aquatic

organisms.

Recommended testing: The Agency

recommends a daphnid chronic toxicity

study (40 CFR 797.1330) for P–93–313

and P–93–316 and a fish early life stage

toxicity study (40 CFR 797.1600) for P–

93–316 to characterize potential

environmental effects.

CFR citation: 40 CFR 721.2088.

PMN Number P–93–339

Chemical name: (generic) Methacrylic

ester.

CAS number: Not available.

Effective date of section 5(e) consent

order: November 4, 1994.

Basis for section 5(e) consent order: The

order was issued under section

5(e)(1)(A)(i) and (ii)(I) of TSCA based on

a finding that this substance may

present an unreasonable risk of injury to

health.

Toxicity concern: The substance may

cause cancer based on toxicity data for

similar acrylates which have been

shown to cause cancer in test animals.

Recommended testing: EPA has

determined that the results of a twospecies rodent bioassay (40 CFR

798.3300) would help characterize the

carcinogenic effects of the PMN

substance. Toxicity data on

representative members of the acrylate/

methacrylate class of chemical

substances being developed by certain

acrylate and methacrylate

munufacturers may also be useful in

evaluating the risk posed by the PMN

substance.

CFR citation: 40 CFR 721.3028.

PMN Numbers P–93–374 and P–93–375

Chemical name: (generic) Substituted

benzotriazole derivatives.

CAS number: Not available.

Effective date of section 5(e) consent

order: January 14, 1994.

Basis for section 5(e) consent order: The

order was issued under section

5(e)(1)(A)(i) and (ii)(I) of TSCA based on

a finding that these substances may

present an unreasonable risk of injury to

health.

Toxicity concern: Based on analogy to

similar chemicals, the PMN substances

may cause systemic or reproductive

effects in test animals.

Recommended testing: The Agency has

determined that the results of a 90–day

subchronic toxicity gavage study in rats

(40 CFR 798.1650) would help

characterize possible human health

effects.

CFR citation: 40 CFR 721.1760.

PMN Number P–93–578

Chemical name:

Methylenebisbenzotriazole.

CAS number: Not available.

Effective date of section 5(e) consent

order: February 4, 1993.

Basis for section 5(e) consent order: The

order was issued under section

5(e)(1)(A)(i) and (ii)(I) of TSCA based on

a finding that this substance may

present an unreasonable risk of injury to

human health.

Toxicity concern: Similar chemicals

have been shown to cause systemic and

reproductive toxicity in test animals.

Recommended testing: A 90–day gavage

study in rats (40 CFR 798.2650) would

help characterize systemic and

reproductive effects. The PMN

submitter has agreed not to exceed the

production volume limit without

performing this test.

CFR citation: 40 CFR 721.1755.

PMN Number P–93–721

Chemical name: Furan, 2-

(ethoxymethyl)tetrahydro-.

CAS number: Not available.

Effective date of section 5(e) consent

order: May 7, 1994.

Basis for section 5(e) consent order: The

order was issued under section

5(e)(1)(A)(i) and (ii)(II) of TSCA based

on a finding that this substance is

expected to be produced in substantial

quantities and there may be substantial

human exposures and environmental

release.

Recommended testing: EPA has

determined that an activated sludge test

and an aerobic aquatic biodegradation

study (40 CFR 796.3100) would help

characterize possible environmental

effects of the substance. EPA has

determined that the results of an acute

oral study (40 CFR 798.1175), an Ames

assay (40 CFR 798.5265), a mouse

micronucleus assay by the

intraperitoneal route (40 CFR 798.5395),

and a 28–day repeated dose oral study

in rats (OECD Guideline No. 407) would

help characterize possible health effects

of the substance. The consent order

contains two production volume

triggers. The PMN submitter has agreed

not to exceed the first production

volume limit without performing the

environmental effects tests. The PMN

submitter has agreed not to exceed the

second production volume limit

without performing the health effects

tests.

CFR citation: 40 CFR 721.3815.

PMN Number P–93–1043

Chemical name: (generic) Polysulfide

mixture.

CAS number: Not available.

Effective date of section 5(e) consent

order: April 15, 1994.

Basis for section 5(e) consent order: The

order was issued under section

5(e)(1)(A)(i), (ii)(I), and (ii)(II) of TSCA

based on a finding that this substance

may present an unreasonable risk of

injury to the environment and that this

substance is expected to be produced in

substantial quantities and that there

may be significant or substantial human

exposure.

Toxicity concern: Structurally similar

chemicals have been shown to cause

toxicity to aquatic organisms.

Recommended testing: EPA has

determined that an Ames assay (with

and without activation) (40 CFR

798.5265); an in vivo mouse

micronucleus test (intraperitoneal) (40

CFR 798.5395); an oral LD50 study in

rats (40 CFR 798.1175); a 28–day

repeated dose oral study in rats (OECD

Guideline No. 407), with the following

modifications: (a) for all test doses, a

neurotoxicity functional observational

battery (NTIS:PB 91–154617), and (b) for

the highest test dose group only,

histopathologic examination extended

to include the testes/ovaries and lungs,

plus neuropathology (NTIS:PB 91-

154617); and developmental toxicity

testing (40 CFR 798.4900; oral route; one

species) would better characterize the

potential human health effects. The

PMN submitter has agreed not to exceed
11036 Federal Register / Vol. 60, No. 40 / Wednesday, March 1, 1995 / Rules and Regulations

the production volume limit without

performing these tests. EPA has

determined that a 96–hour bioassay in

algae (40 CFR 797.1050); a 48–hour

LC50 test in daphnia (40 CFR 797.1300);

a 96–hour test in fish (40 CFR 797.1400;

a SCAS test (40 CFR 797.3340); an

aerobic aquatic biodegradation (40 CFR

797.3100); and an indirect photolysis

test (40 CFR 796.3765), would better

characterize the potential environmental

effects. These tests would be required to

evaluate the potential environmental

and fate effects which may be caused by

the PMN substance if the substance

were to be released into the waters of

the United States.

CFR citation: 40 CFR 721.9540.

PMN Number P–93–1111

Chemical name: Butanamide, 2,2′-[3,3′-

di-chloro[1,1′-biphenyl]-4,4′-

diyl)bisazobis[N-2,3-dihydro-2-oxo-1Hbenzimidazol-5-yl)-3-oxo-.

CAS number: 78245–94–0.

Effective date of section 5(e) consent

order: May 27, 1994.

Basis for section 5(e) consent order: The

order was issued under section

5(e)(1)(A)(i) and (ii)(I) of TSCA based on

a finding that this substance may

present an unreasonable risk of injury to

human health and the environment.

Toxicity concern: Structurally similar

chemicals have been shown to cause

carcinogenicity and mutagenicity in test

animals and toxicity to aquatic

organisms.

Recommended testing: The following

data are recommended to help

characterize the PMN substance’s

potential to cause human health and

environmental effects: Monitoring data

to detect the presence of

dichlorobenzidine (DCB) under actual

conditions of use; monitoring data to

detect airborne concentrations of DCB;

monitoring data on releases of DCB to

surface waters. (See Agency for

guidelines and information on

performing monitoring studies.) Also

recommended to help determine the

PMN substance’s potential to cause

environmental effects: An anaerobic

biodegradation (40 CFR 797.3140).

CFR citation: 40 CFR 721.1907.

PMN Number P–93–1308

Chemical name: (generic) Dialkyl ether.

CAS number: Not available.

Basis for action: The PMN substance

will be used as described in the PMN.

Based on analogy to neutral organic

compounds, EPA is concerned that

toxicity to aquatic organisms may occur

at concentrations as low as 180 parts per

billion (ppb) of the PMN substance in

surface waters. EPA determined that use

of the substance as described in the

PMN did not present an unreasonable

risk because the substance would not be

released to surface waters resulting in

concentrations above 180 ppb. EPA has

determined that other uses of the

substance may result in releases to

surface water at concentrations above

180 ppb. Based on this information, the

PMN substance meets the concern

criteria at § 721.170(b)(4)(ii).

Recommended testing: EPA has

determined that a fish acute toxicity

study (40 CFR 797.1400), a daphnid

acute toxicity study (40 CFR 797.1300),

and an algal acute toxicity study (40

CFR 797.1050) would help characterize

environmental effects of the PMN

substance.

CFR citation: 40 CFR 721.3437.

PMN Numbers P–93–1423 through

1426

Chemical name: (generic) Silanes

substituted macrocycle polyethyl.

CAS number: Not available.

Basis for action: The PMN substances

will be used as intermediates. Based on

analogy to alkoxysilanes, EPA is

concerned that toxicity to aquatic

organisms may occur at concentrations

as low as 20 ppb of the PMN substances

in surface waters. EPA determined that

use of the substances as described in the

PMN did not present an unreasonable

risk because the substances would not

be released to surface waters. EPA has

determined that other uses of the

substances may result in releases to

surface waters which exceed the

concern concentration. Based on this

information, the PMN substances meet

the concern criteria at

§ 721.170(b)(4)(ii).

Recommended testing: EPA has

determined that a fish acute toxicity

study (40 CFR 797.1400), a daphnid

acute toxicity study (40 CFR 797.1300),

and an algal acute toxicity study (40

CFR 797.1050) would help characterize

the environmental effects of the PMN

substances.

CFR citation: 40 CFR 721.9505.

PMN Number P–93–1447

Chemical name: (generic)

Bis(imidoethylene) benzene.

CAS number: Not available.

Basis for action: The PMN substance

will be used as a rubber additive. Based

on submitted toxicity testing of the

substance, EPA is concerned that

toxicity to aquatic organisms may occur

at concentrations as low as 2 ppb of the

PMN substance in surface waters and

that general systemic effects may occur

to exposed workers. EPA determined

that use of the substance as described in

the PMN did not present an

unreasonable risk because the substance

would not be released to surface waters

and significant worker exposure would

not occur because the substance was not

manufactured domestically. EPA has

determined that other uses of the

substance may result in releases to

surface waters which exceed the

concern concentration and significant

worker exposure. Based on this

information, the PMN substance meets

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

and (b)(3)(i).

Recommended testing: EPA has

determined that a fish acute toxicity

study (40 CFR 797.1400), a daphnid

acute toxicity study (40 CFR 797.1300),

and an algal acute toxicity study (40

CFR 797.1050) would help characterize

the environmental effects of the PMN

substance. EPA has determined that a

90–day subchronic study (40 CFR

798.2650) would help characterize the

health effects of the PMN substance.

CFR citation: 40 CFR 721.1187.

PMN Number P–93–1471

Chemical name: (generic)

Allyloxysubstituted heterocycle.

CAS number: Not available.

Basis for action: The PMN substance

will be used as an intermediate. Based

on analogy to aliphatic amines, EPA is

concerned that toxicity to aquatic

organisms may occur at concentrations

as low as 70 ppb of the PMN substance

in surface waters. EPA determined that

use of the substance as described in the

PMN did not present an unreasonable

risk because the substance would not be

released to surface waters resulting in

concentrations above 70 ppb. EPA has

determined that other uses of the

substance may result in releases to

surface water at concentrations above 70

ppb. Based on this information, the

PMN substance meets the concern

criteria at § 721.170(b)(4)(ii).

Recommended testing: EPA has

determined that a fish acute toxicity

study (40 CFR 797.1400), a daphnid

acute toxicity study (40 CFR 797.1300),

and an algal acute toxicity study (40

CFR 797.1050) would help characterize

the environmental effects of the PMN

substance.

CFR citation: 40 CFR 721.4110.

PMN Number P–94–34

Chemical name: 2,4-

Imidazolidinedione, bromochloro-5,5-

dimethyl-.

CAS number: Not available.

Basis for action: The PMN substance

will be used as described in the PMN.

Based on analogy to a structurally

similar compound, EPA is concerned

that toxicity to aquatic organisms may

occur at concentrations as low as 7 ppb

of the PMN substance in surface waters.
Federal Register / Vol. 60, No. 40 / Wednesday, March 1, 1995 / Rules and Regulations 11037

EPA determined that use of the

substance as described in the PMN did

not present an unreasonable risk

because the substance will be used as a

solid and would not be released to

surface waters resulting in

concentrations above 10 ppb. EPA has

determined that other uses of the

substance may result in releases to

surface water at concentrations above 10

ppb. Based on this information, the

PMN substance meets the concern

criteria at § 721.170(b)(4)(ii).

Recommended testing: EPA has

determined that a fish acute toxicity

study (40 CFR 797.1400), a daphnid

acute toxicity study (40 CFR 797.1300),

and an algal acute toxicity study (40

CFR 797.1050) would help characterize

the environmental effects of the PMN

substance.

CFR citation: 40 CFR 721.4470.

PMN Numbers P–94–322 and P–94–323

Chemical name: (generic) Polyfluorocarboxylates.

CAS number: Not available.

Basis for action: The substances will be

used as intermediates. Based on analogy

to similar chemicals, EPA expects the

substances to cause developmental

toxicity, systemic toxicity, and acute

toxicity as well as toxicity to aquatic

organisms at a concentration of 5 ppb of

the substances in surface waters. EPA

determined that use of the substances as

described in the PMN did not present an

unreasonable risk because the

substances would not be released to

surface waters and the substances

would be used as an intermediate which

would not result in exposure to workers.

EPA has determined that manufacture,

processing, and use of the substances

other than as a site-limited intermediate

could result in releases to surface waters

and exposures to workers. Based on this

information, the substances meet the

concern criteria at § 721.170(b)(4)(ii)

and (b)(3)(ii).

Recommended testing: EPA has

determined a chronic 60–day fish early

life stage toxicity test in rainbow trout

(40 CFR 797.1600) and a 21–day chronic

daphnid toxicity test (40 CFR 797.1350)

would help characterize the

environmental effects of the substance.

EPA has also determined that a 90–day

subchronic study (40 CFR 798.2650) and

a two-species developmental toxicity

study (40 CFR 798.4900) would help

characterize the health effects of the

substances.

CFR citation: 40 CFR 721.3790.

PMN Numbers P–94–325 through 327

Chemical name: (generic) Alkoxylated

alkyldiethylenetriamine, alkyl sulfate

salts.

CAS number: Not available.

Basis for action: The PMN substances

will be used as cellulose softeners.

Based on analogy of the substances to

cationic surfactants, EPA is concerned

that toxicity to aquatic organisms may

occur at concentrations as low as 4 ppb

of the PMN substances in surface

waters. EPA determined that use of the

substances as described in the PMN did

not present an unreasonable risk

because the substances would not be

released to surface waters. EPA has

determined that consumer uses of the

substances may result in releases to

surface waters which exceed the

concern concentration. Based on this

information, the PMN substances meet

the concern criteria at

§ 721.170(b)(4)(ii).

Recommended testing: EPA has

determined that a fish acute toxicity

study (40 CFR 797.1400), a daphnid

acute toxicity study (40 CFR 797.1300),

and an algal acute toxicity study (40

CFR 797.1050) would help characterize

the environmental effects of the PMN

substance.

CFR citation: 40 CFR 721.2410.

PMN Number P–94–422

Chemical name: (generic) Branched

synthetic fatty acid.

CAS number: Not available.

Basis for action: The PMN substance

will be used as an industrial lubricant

raw material. Based on analogy to 2-

ethylhexanoic acid and valproic acid,

the PMN substance may cause liver

toxicity and developmental toxicity.

EPA has determined that persons

exposed to the PMN substance dermally

and by inhalation may be at risk for

these effects. EPA determined that

importation of the substance as an

industrial lubricant raw material did not

present an unreasonable risk because

there were no significant dermal or

inhalation exposures. EPA has

determined that domestic manufacture,

use other than as an intermediate, or

nonindustrial use may result in

significant dermal and inhalation

exposures. Based on this information,

the PMN substance meets the concern

criteria at § 721.170(b)(3)(ii).

Recommended testing: EPA has

determined that an oral developmental

toxicity study in two species (40 CFR

798.4900) and an oral 90–day

subchronic study (40 CFR 798.2650)

would help characterize the health

effects of the PMN substance.

CFR citation: 40 CFR 721.3627.

PMN Number P–94–499

Chemical name: (generic) Substituted

azo metal complex dye.

CAS number: Not available.

Basis for action: The PMN substance

will be used as a textile dye. Based on

analogy to similar substances, the PMN

substance may cause cancer. Based on

submitted test data and analogy to

similar substances, the PMN substance

is toxic to aquatic organisms. EPA has

determined that exposed workers may

be at risk for cancer and water releases

may be toxic to aquatic organisms. EPA

determined that use of the substance as

described in the PMN did not present an

unreasonable risk because there were no

significant environmental releases or

worker exposures. EPA has determined

that environmental releases or water

releases during manufacturing may

result in significant human or

environmental exposures as described

in § 721.170(c)(2)(ii). Based on this

information, the PMN substance meets

the concern criteria at

§ 721.170(b)(1)(i)(C) and (b)(4)(i).

Recommended testing: EPA has

determined that a 2–year two-species

oral bioassay (40 CFR 798.3300) or other

testing to address the bioavailability of

metabolites of concern will help

characterize the health effects of the

PMN substance. EPA has also

determined that a daphnid acute

toxicity study (40 CFR 797.1300) and an

algal acute toxicity study (40 CFR

797.1050) would help characterize the

environmental effects of the PMN

substance.

CFR citation: 40 CFR 721.4594.

PMN Number P–94–682

Chemical name: (generic) Hydroxyalkylquinoline dioxoindan

dialkylcarboxamide.

CAS number: Not available.

Basis for action: The PMN substance

will be used as a color component.

Based on analogy to phenols, EPA is

concerned that chronic toxicity to

aquatic organisms may occur at

concentrations as low as 1 ppb of the

PMN substance in surface waters. EPA

determined that use of the substance as

described in the PMN did not present an

unreasonable risk because the substance

would not be released to surface waters.

EPA has determined that other uses of

the substance may result in releases to

surface waters at concentrations above 1

ppb. Based on this information, the

PMN substance meets the concern

criteria at § 721.170(b)(4)(ii).

Recommended testing: EPA has

determined a chronic 60–day fish early

life stage toxicity test in rainbow trout

(40 CFR 797.1600), and a 21–day

chronic daphnid toxicity test (40 CFR

797.1350) would help characterize the

environmental effects of the substance.

CFR citation: 40 CFR 721.2085.
11038 Federal Register / Vol. 60, No. 40 / Wednesday, March 1, 1995 / Rules and Regulations

PMN Number P–94–982

Chemical name: (generic) Methylamine

esters.

CAS number: Not available.

Basis for action: The PMN substances

will be used as an intermediate. Based

on analogy to aliphatic amines, EPA is

concerned that toxicity to aquatic

organisms may occur at concentrations

as low as 1 ppb of the PMN substances

in surface waters. EPA determined that

use of the substances as described in the

PMN did not present an unreasonable

risk because the substances would be

used as an intermediate limiting release

to surface waters. EPA has determined

that other uses of the substances may

result in releases to surface water at

concentrations above 1 ppb. Based on

this information, the PMN substances

meets the concern criteria at

§ 721.170(b)(4)(ii).

Recommended testing: EPA has

determined that a fish acute toxicity

study (40 CFR 797.1400), a fish acute

toxicity study modified with humic acid

(40 CFR 797.1400), a daphnid acute

toxicity study (40 CFR 797.1300), and

an algal acute toxicity study (40 CFR

797.1050) would help characterize the

environmental effects of the PMN

substances.

CFR citation: 40 CFR 721.3034.

PMN Number P–94–1009

Chemical name: (generic) Trifunctional

aliphatic blocked urethane cross-linker.

CAS number: Not available.

Basis for action: The PMN substance

will be used as a coating. Based on

analogy to aliphatic amines, EPA is

concerned that toxicity to aquatic

organisms may occur at concentrations

as low as 1 ppb of the PMN substance

in surface waters. EPA determined that

use of the substance as described in the

PMN did not present an unreasonable

risk because the substance would not be

released to surface waters resulting in

concentrations above 1 ppb. EPA has

determined that other uses of the

substance may result in releases to

surface water at concentrations above 1

ppb. Based on this information, the

PMN substance meets the concern

criteria at § 721.170(b)(4)(ii).

Recommended testing: EPA has

determined that a fish acute toxicity

study (40 CFR 797.1400), a fish acute

toxicity study modified with humic acid

(40 CFR 797.1400), a daphnid acute

toxicity study (40 CFR 797.1300), and

an algal acute toxicity study (40 CFR

797.1050) would help characterize the

environmental effects of the PMN

substance.

CFR citation: 40 CFR 721.9962.

PMN Number P–94–1039

Chemical name: (generic) Diazo

substituted carbomonocyclic metal

complex.

CAS number: Not available.

Basis for action: The PMN substance

will be used as a leather dye. Based on

analogy to similar substances, the PMN

substance may cause cancer,

developmental toxicity, reproductive

toxicity, chronic toxicity to the liver,

kidneys, and blood, and environmental

toxicity to aquatic organisms. EPA has

determined that persons exposed to the

PMN substance through inhalation and

aquatic organisms exposed to the

substance in surface waters may be at

risk for these toxic effects. EPA has

determined that use of the substance as

described in the PMN did not present an

unreasonable risk because there were no

significant environmental releases or

worker exposures from manufacturing.

EPA has determined that environmental

releases and worker exposures during

manufacturing may result in significant

exposures. 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 a 90–day oral

subchronic study (40 CFR 798.2650), a

two-generation reproduction study (40

CFR 798.4700), a developmental toxicity

study (40 CFR 708.4900), a 2–year twospecies oral bioassay (40 CFR 798.3300),

and a chronic 60–day fish early life

stage toxicity test in rainbow trout (40

CFR 797.1600), would help characterize

the toxicity effects of the PMN

substance.

CFR citation: 40 CFR 721.4596.

PMN Number P–94–1129

Chemical name: (generic) Alkylcyano

substituted pyridazo benzoate.

CAS number: Not available.

Basis for action: The PMN substance

will be used as a color component.

Based on analogy to esters and neutral

organic compounds, EPA is concerned

that toxicity to aquatic organisms may

occur at concentrations as low as 10 ppb

of the PMN substance in surface waters.

EPA determined that use of the

substances as described in the PMN did

not present an unreasonable risk

because the substance would not be

released to surface waters. EPA has

determined that other uses of the

substance may result in releases to

surface waters which exceed the

concern concentration. Based on this

information, the PMN substance meets

the concern criteria at

§ 721.170(b)(4)(ii).

Recommended testing: EPA has

determined that a fish acute toxicity

study (40 CFR 797.1400), a daphnid

acute toxicity study (40 CFR 797.1300),

and an algal acute toxicity study (40

CFR 797.1050) would help characterize

the environmental effects of the PMN

substance.

CFR citation: 40 CFR 721.8670.

PMN Numbers P–94–1238, 1239, 1241,

1242, and 1243

Chemical name: Propanenitrile, 3-

[amino, N-tallowalkyl] dipropylenetriand tripropylene-tri- and propanenitrile,

3-[amino, (C14-18 and C16-18 unsaturated

alkyl)] trimethylenedi-, dipropylenetri-,

and tripropylenetetra-.

CAS number: Not available.

Basis for action: The PMN substances

will be used as intermediates. Based on

analogy to aliphatic amines, EPA is

concerned that toxicity to aquatic

organisms may occur at concentrations

as low as 1 ppb of the PMN substances

in surface waters. EPA determined that

use of the substances as described in the

PMN did not present an unreasonable

risk because the substances would not

be released to surface waters. EPA has

determined that other uses of the

substances may result in releases to

surface waters which exceed the

concern concentration. Based on this

information, the PMN substances meet

the concern criteria at

§ 721.170(b)(4)(ii).

Recommended testing: EPA has

determined that a fish acute toxicity

study (40 CFR 797.1400), a daphnid

acute toxicity study (40 CFR 797.1300)

and an algal acute toxicity study (40

CFR 797.1050) would help characterize

the environmental effects of the PMN

substances.

CFR citation: 40 CFR 721.8155.

PMN Numbers P–94–1244 through

1246

Chemical name: Amines, N-(C14-18 and

C16-18 unsaturated alkyl)] dipropylenetri-, tripropylenetetra-, and

tetrapropylenepenta-.

CAS number: Not available.

Basis for action: The PMN substances

will be used as an asphalt emulsion.

Based on analogy to aliphatic amines,

EPA is concerned that toxicity to

aquatic organisms may occur at

concentrations as low as 1 ppb of the

PMN substances in surface waters. EPA

determined that use of the substances as

described in the PMN did not present an

unreasonable risk because the

substances would not be released to

surface waters. EPA has determined that

other uses of the substances may result

in releases to surface waters which

exceed the concern concentration.

Based on this information, the PMN
Federal Register / Vol. 60, No. 40 / Wednesday, March 1, 1995 / Rules and Regulations 11039

substances meet the concern criteria at

§ 721.170(b)(4)(ii).

Recommended testing: EPA has

determined that a fish acute toxicity

study (40 CFR 797.1400), a daphnid

acute toxicity study (40 CFR 797.1300),

and an algal acute toxicity study (40

CFR 797.1050) would help characterize

the environmental effects of the PMN

substances.

CFR citation: 40 CFR 721.642.

IV. Objectives and Rationale of the Rule

During review of the PMNs submitted

for the chemical substances that are

subject to this SNUR, EPA concluded

that, for 12 of the substances, regulation

was warranted under section 5(e) of

TSCA, pending the development of

information sufficient to make reasoned

evaluations of the health or

environmental effects of the substances.

The basis for such findings is outlined

in Unit III. of this preamble. Based on

these findings, section 5(e) consent

orders requiring the use of appropriate

controls were negotiated with the PMN

submitters; the SNUR provisions for

these substances designated herein are

consistent with the provisions of the

section 5(e) orders.

In the other 28 cases for which the

proposed uses are not regulated under a

section 5(e) order, EPA determined that

one or more of the criteria of concern

established at 40 CFR 721.170 were met.

EPA is issuing this SNUR for specific

chemical substances which have

undergone premanufacture review to

ensure that: EPA will receive notice of

any company’s intent to manufacture,

import, or process a listed chemical

substance for a significant new use

before that activity begins; EPA will

have an opportunity to review and

evaluate data submitted in a SNUR

notice before the notice submitter begins

manufacturing, importing, or processing

a listed chemical substance for a

significant new use; when necessary to

prevent unreasonable risks, EPA will be

able to regulate prospective

manufacturers, importers, or processors

of a listed chemical substance before a

significant new use of that substance

occurs; and all manufacturers,

importers, and processors of the same

chemical substance which is subject to

a section 5(e) order are subject to similar

requirements. Issuance of a SNUR for a

chemical substance does not signify that

the substance is listed on the TSCA

Inventory. Manufacturers, importers,

and processors are responsible for

ensuring that a new chemical substance

subject to a final SNUR is listed on the

TSCA Inventory.

V. Direct Final Procedures

EPA is issuing these SNURs as direct

final rules, as described in 40 CFR

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

accordance with 40 CFR

721.160(c)(3)(ii), this rule will be

effective on May 1, 1995, unless EPA

receives a written notice by March 31,

1995 that someone wishes to make

adverse or critical comments on EPA’s

action. If EPA receives such a notice,

EPA will publish a notice to withdraw

the direct final SNUR for the specific

substance to which the adverse or

critical comments apply. EPA will then

propose a SNUR for the specific

substance providing a 30–day comment

period. This action establishes SNURs

for a number of chemical substances.

Any person who submits a notice of

intent to submit adverse or critical

comments must identify the substance

and the new use to which it applies.

EPA will not withdraw a SNUR for a

substance not identified in a notice.

VI. Test Data and Other Information

EPA recognizes that section 5 of

TSCA does not require developing any

particular test data before submission of

a SNUN. 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. In cases where a section 5(e) order

requires or recommends certain testing,

Unit III. of this preamble lists those

recommended tests. However, EPA has

established production limits in the

section 5(e) orders for several of the

substances regulated under this rule, 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 substances.

These production 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

substances. Under recent consent

orders, each PMN submitter is required

to submit each study at least 14 weeks

(earlier orders required submissions at

least 12 weeks) before reaching the

specified production limit. Listings of

the tests specified in the section 5(e)

orders are included in Unit III. of this

preamble. The SNURs contain the same

production volume limits as the consent

orders. Exceeding these production

limits is defined as a significant new

use. The recommended studies may not

be the only means of addressing the

potential risks of the substance.

However, SNUNs submitted for

significant new uses without any test

data may increase the likelihood that

EPA will take action under section 5(e),

particularly if satisfactory test results

have not been obtained from a prior

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:

(1) Human exposure and

environmental release that may result

from the significant new use of the

chemical substances.

(2) Potential benefits of the

substances.

(3) Information on risks posed by the

substances compared to risks posed by

potential substitutes.

VII. Procedural Determinations

EPA is establishing through this rule

some significant new uses which have

been claimed as CBI. EPA is required to

keep this information confidential to

protect the CBI of the original PMN

submitter. EPA promulgated a

procedure to deal with the situation

where a specific significant new use is

CBI. This procedure appears in 40 CFR

721.1725(b)(1) and is similar to that in

§ 721.11 for situations where the

chemical identity of the substance

subject to a SNUR is CBI. This

procedure is cross-referenced in each of

these SNURs.

A manufacturer or importer may

request EPA to determine whether a

proposed use would be a significant

new use under this rule. Under the

procedure incorporated from

§ 721.1725(b)(1), a manufacturer or

importer must show that it has a bona

fide intent to manufacture or import the

substance and must identify the specific

use for which it intends to manufacture

or import the substance. If EPA

concludes that the person has shown a

bona fide intent to manufacture or

import the 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 substances subject to these SNURs

are also CBI, manufacturers and

processors can combine the bona fide

submission under the procedure in

§ 721.1725(b)(1) with that under

§ 721.11 into a single step.

If a manufacturer or importer is told

that the production volume identified in

the bona fide submission would not be

a significant new use, i.e. it is below the

level that would be a significant new

use, that person can manufacture or

import the substance as long as the

aggregate amount does not exceed that

identified in the bona fide submission to
11040 Federal Register / Vol. 60, No. 40 / Wednesday, March 1, 1995 / Rules and Regulations

EPA. 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. EPA is

considering whether to adopt a special

procedure for use when CBI production

volume is designated as a significant

new use. Under such a procedure, a

person showing a bona fide intent to

manufacture or import the substance,

under the procedure described in

§ 721.11, would automatically be

informed of the production volume that

would be a significant new use. Thus

the person would not have to make

multiple bona fide submissions to EPA

for the same substance to remain in

compliance with the SNUR, as could be

the case under the procedures in

§ 721.1725(b)(1).

VIII. Applicability of Rule to Uses

Occurring Before Effective Date of the

Final Rule

To establish a significant ‘‘new’’ use,

EPA must determine that the use is not

ongoing. The chemical substances

subject to this rule have recently

undergone premanufacture review.

Section 5(e) orders have been issued for

12 substances and notice submitters are

prohibited by the section 5(e) orders

from undertaking activities which EPA

is designating as significant new uses. In

cases where EPA has not received a

Notice of Commencement (NOC) and

the substance has not been added to the

Inventory, no other person may

commence such activities without first

submitting a PMN. For substances for

which an NOC has not been submitted

at this time, EPA has concluded that the

uses are not ongoing. However, EPA

recognizes in cases when chemical

substances identified in this SNUR are

added to the Inventory prior to the

effective date of the rule, the substances

may be manufactured, imported, or

processed by other persons for a

significant new use as defined in this

rule before the effective date of the rule.

However, 27 of the 40 substances

contained in this rule have CBI

chemical identities, and since EPA has

received a limited number of post-PMN

bona fide submissions, the Agency

believes that it is highly unlikely that

any of the significant new uses

described in the following regulatory

text are ongoing. As discussed in the

Federal Register of April 24, 1990 (55

FR 17376), EPA has decided that the

intent of section 5(a)(1)(B) is best served

by designating a use as a significant new

use as of the date of publication of the

final rule rather than as of the effective

date of the rule. Thus, persons who

begin commercial manufacture, import,

or processing of the substances

regulated through this SNUR will have

to cease any such activity before the

effective date of this rule. To resume

their activities, these persons would

have to comply with all applicable

SNUR notice requirements and wait

until the notice review period,

including all extensions, expires.

EPA has promulgated provisions to

allow persons to comply with this

SNUR before the effective date. If a

person were to meet the conditions of

advance compliance under § 721.45(h),

the person would be considered to have

met the requirements of the final SNUR

for those activities. If persons who begin

commercial manufacture, import, or

processing of the substance between

publication and the effective date of the

SNUR do not meet the conditions of

advance compliance, they must cease

that activity before the effective date of

the rule. To resume their activities,

these persons would have to comply

with all applicable SNUR notice

requirements and wait until the notice

review period, including all extensions,

expires.

IX. Economic Analysis

EPA has evaluated the potential costs

of establishing significant new use

notice requirements for potential

manufacturers, importers, and

processors of the chemical substances

subject to this rule. EPA’s complete

economic analysis is available in the

public record for this rule (OPPTS–

50620).

X. Rulemaking Record

EPA has established a record for this

rulemaking (docket control number

OPPTS–50620). The record includes

information considered by EPA in

developing this rule. A public version of

the record without any CBI is available

in the TSCA Nonconfidential

Information Center (NCIC) from 12 noon

to 4 p.m., Monday through Friday,

except legal holidays. The TSCA NCIC

is located in Rm. NE–B607, 401 M St.,

SW., Washington, DC 20460.

XI. Regulatory Assessment

Requirements

A. Executive Order 12866

Under Executive Order 12866 (58 FR

51735, October 4, 1993), the Agency

must determine whether the regulatory

action is ‘‘significant’’ and therefore

subject to all the requirements of the

Executive Order (i.e., Regulatory Impact

Analysis, review by the Office of

Management and Budget (OMB)). Under

section 3(f), the order defines a

‘‘significant regulatory action’’ as an

action likely to lead to a rule (1) Having

an annual effect on the economy of $100

million or more, or adversely and

materially affecting a sector of the

economy, productivity, competition,

jobs, the environment, public health or

safety, or State, local or tribal

governments or communities (‘‘also

referred to as economically

significant’’); (2) creating serious

inconsistency or otherwise interfering

with an action taken or planned by

another agency; (3) materially altering

the budgetary impacts of entitlement,

grants, user fees, or loan programs or the

rights and obligations of recipients

thereof; or (4) raising novel legal or

policy issues arising out of legal

mandates, the President’s priorities, or

the principles set forth in this Executive

Order. Pursuant to the terms of this

Executive Order, it has been determined

that this rule is not ‘‘significant’’ and is

therefore not subject to OMB review.

B. Regulatory Flexibility Act

Under the Regulatory Flexibility Act

(5 U.S.C. 605(b)), EPA has determined

that this rule would not have a

significant impact on a substantial

number of small businesses. EPA has

determined that approximately 10

percent of the parties affected by this

rule could be small businesses.

However, EPA expects to receive few

SNUNs for these substances. Therefore,

EPA believes that the number of small

businesses affected by this rule will not

be substantial, even if all of the SNUR

notice submitters were small firms.

C. Paperwork Reduction Act

OMB has approved the information

collection requirements contained in

this rule under the provisions of the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.), and has assigned OMB

control number 2070–0012. Public

reporting burden for this collection of

information is estimated to vary from 30

to 170 hours per response, with an

average of 100 hours per response,

including time for reviewing

instructions, searching existing data

sources, gathering and maintaining the

data needed, and completing and

reviewing the collection of information.

Send comments regarding the burden

estimate or any other aspect of this

collection of information, including

suggestions for reducing this burden, to

Chief, Information Policy Branch (2131),

Environmental Protection Agency, 401

M St., SW., Washington, DC 20460; and

to Office of Information and Regulatory

Affairs, Office of Management and

Budget, Washington, DC 20503, marked

‘‘Attention: Desk Officer for EPA.’’ The

final rule will respond to any OMB or
Federal Register / Vol. 60, No. 40 / Wednesday, March 1, 1995 / Rules and Regulations 11041

public comments on the information

requirements contained in this proposal.

List of Subjects in 40 CFR Part 721

Environmental protection, Chemicals,

Hazardous materials, Reporting and

recordkeeping requirements, Significant

new uses.

Dated: February 16, 1995.

Susan B. Hazen,

Acting Director, Office of Pollution Prevention

and Toxics.

Therefore, 40 CFR part 721 is

amended as follows:

PART 721—[AMENDED]

1. The authority citation for part 721

continues to read as follows:

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

2625(c).

2. By adding new § 721.642 to subpart

E to read as follows:

§ 721.642 Amines, N-(C14–18 and C16–18

unsaturated alkyl)] dipropylene-tri-,

tripropylenetetra-, and tetrapropylenepenta-

.

(a) Chemical substances and

significant new uses subject to reporting.

(1) The chemical substances amines, N-

(C14–18 and C16–18 unsaturated alkyl)]

dipropylenetri-, (PMN P–94–1244),

tripropylenetetra- (PMN P–94–1245),

and tetrapropylenepenta- (PMN P–94–

1246) 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) Release to water. Requirements as

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

(c)(1).

(ii) [Reserved]

(b) Specific requirements. The

provisions of subpart A of this part

apply to this section except as modified

by this paragraph.

(1) Recordkeeping requirements.

Recordkeeping requirements specified

in § 721.125(a), (b), (c), and (k) are

applicable to manufacturers, importers,

and processors of this substance.

(2) Limitations or revocation of

certain notification requirements. The

provisions of § 721.185 apply to this

section.

3. By adding new § 721.1187 to

subpart E to read as follows:

§ 721.1187 Bis(imidoethylene) benzene.

(a) Chemical substance and

significant new uses subject to reporting.

(1) The chemical substance

bis(imidoethylene)benzene (PMN P–93–

1447) is subject to reporting under this

section for the significant new uses

described in paragraph (a)(2) of this

section.

(2) The significant new uses are:

(i) Industrial, commercial, and

consumer activities. Requirements as

specified in § 721.80(f).

(ii) Release to water. Requirements as

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

(c)(1).

(b) Specific requirements. The

provisions of subpart A of this part

apply to this section except as modified

by this paragraph.

(1) Recordkeeping requirements.

Recordkeeping requirements specified

in § 721.125(a), (b), (c), (i), and (k) are

applicable to manufacturers, importers,

and processors of this substance.

(2) Limitations or revocation of

certain notification requirements. The

provisions of § 721.185 apply to this

section.

4. By adding new § 721.1755 to

subpart E to read as follows:

§ 721.1755 Methylenebisbenzotriazole.

(a) Chemical substance and

significant new uses subject to reporting.

(1) The chemical substance

methylenebisbenzotriazole (P–93–578)

is subject to reporting under this section

for the significant new uses described in

paragraph (a)(2) of this section.

(2) The significant new uses are:

(i) Protection in the workplace. During

both manufacture and use of the

substance, requirements as specified in

§ 721.63(a)(4), (a)(6)(i), (b)

(concentration set at 1.0 percent) and

(c). During manufacture of the PMN

substance § 721.63(a)(5)(i); during use of

the PMN substance § 721.63(a)(5)(iii),

(a)(5)(iv), (a)(5)(v), (a)(5)(vi), and

(a)(5)(vii).

(ii) Hazard communication program.

Requirements as specified in

§ 721.72(a), (b), (c), (d), (e)

(concentration set at 1.0 percent), (f),

(g)(1)(iv), (g)(1)(vi), (g)(2)(iii), (g)(2)(iv),

and (g)(5).

(iii) Industrial, commercial, and

consumer activities. Requirements as

specified in § 721.80(l) and (q).

(b) Specific requirements. The

provisions of subpart A of this part

apply to this section except as modified

by this paragraph.

(1) Recordkeeping requirements.

Recordkeeping requirements specified

in § 721.125 (a), (b), (c), (d), (f), (g), (h),

and (i) are applicable to manufacturers,

importers, and processors of this

substance.

(2) Limitations or revocation of

certain notification requirements. The

provisions of § 721.185 apply to this

section.

(3) Determining whether a specific use

is subject to this section. The provisions

of § 721.1725(b)(1) apply to this section.

5. By adding new § 721.1760 to

subpart E to read as follows:

§ 721.1760 Substituted benzotriazole

derivatives.

(a) Chemical substances and

significant new uses subject to reporting.

(1) The chemical substances identified

generically as substituted benzotriazole

derivatives (PMNs P–93–374 and P–93–

375) 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) Protection in the workplace.

Requirements as specified in

§ 721.63(a)(1), (b) (concentration set at

1.0 percent), and (c).

(ii) Hazard communication program.

Requirements as specified in

§ 721.72(a), (b), (c), (d), (e)

(concentration set at 1.0 percent), (f),

(g)(1)(i), (g)(1)(iv), (g)(1)(vi), (g)(2)(i),

(g)(2)(v), and (g)(5).

(iii) Industrial, commercial, and

consumer activities. Requirements as

specified in § 721.80(g), (v)(1), (w)(1),

and (x)(1).

(iv) Release to water. Requirements as

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

(c)(1).

(b) Specific requirements. The

provisions of subpart A of this part

apply to this section except as modified

by this paragraph.

(1) Recordkeeping requirements.

Recordkeeping requirements specified

in § 721.125(a), (b), (c), (d), (f), (g), (h),

(i), and (k) are applicable to

manufacturers, importers, and

processors of these substances.

(2) Limitations or revocation of

certain notification requirements. The

provisions of § 721.185 apply to this

section.

6. By adding new § 721.1907 to

subpart E to read as follows:

§ 721.1907 Butanamide, 2,2′-[3,3′-dichloro

[1,1′-biphenyl]-4,4′-diyl)bisazobis[N-2,3-

dihydro-2-oxo-1H-benzimidazol-5-yl)-3-oxo-.

(a) Chemical substance and

significant new uses subject to reporting.

(1) The chemical substance butanamide,

2,2′-[3,3′-dichloro[1,1′-biphenyl]-4,4′-

diyl)bisazobis[N-2,3-dihydro-2-oxo-1Hbenzimidazol-5-yl)-3-oxo- (PMN P–93–

1111) is subject to reporting under this

section for the significant new uses

described in paragraph (a)(2) of this

section.

(2) The significant new uses are:

(i) Hazard communication program.

Requirements as specified in

§ 721.72(a), (b), (c), (d), (e)

(concentration set at 0.1 percent), (f),

(g)(1)(vii), (g)(2)(i), (g)(2)(ii), (g)(2)(iii),

(g)(3)(i), (g)(3)(ii), (g)(4)(iii), and (g)(5).

(ii) Industrial, commercial, and

consumer activities. Requirements as

specified in § 721.80(f) and processing

or use at temperatures above 280 °C.
11042 Federal Register / Vol. 60, No. 40 / Wednesday, March 1, 1995 / Rules and Regulations

(iii) Release to water. Requirements as

specified in § 721.90(b)(1) and (c)(1).

When the substance is processed, or

used as a colorant for dyeing plastics,

this section does not apply.

(b) Specific requirements. The

provisions of subpart A of this part

apply to this section except as modified

by this paragraph.

(1) Recordkeeping requirements.

Recordkeeping requirements specified

in § 721.125(a), (b), (c), (f), (g), (h), (i),

and (k) are applicable to manufacturers,

importers, and processors of this

substance.

(2) Limitations or revocation of

certain notification requirements. The

provisions of § 721.185 apply to this

section.

7. By adding new § 721.2085 to

subpart E to read as follows:

§ 721.2085 Hydroxyalkylquinoline

dioxoindandialkylcarboxamide.

(a) Chemical substance and

significant new uses subject to reporting.

(1) The chemical substance identified

generically as a hydroxyalkylquinoline

dioxoindandialkylcarboxamide (PMN

P–94–682) is subject to reporting under

this section for the significant new uses

described in paragraph (a)(2) of this

section.

(2) The significant new uses are:

(i) Release to water. Requirements as

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

(c)(1).

(ii) [Reserved]

(b) Specific requirements. The

provisions of subpart A of this part

apply to this section except as modified

by this paragraph.

(1) Recordkeeping requirements.

Recordkeeping requirements specified

in § 721.125(a), (b), (c), and (k) are

applicable to manufacturers, importers,

and processors of this substance.

(2) Limitations or revocation of

certain notification requirements. The

provisions of § 721.185 apply to this

section.

8. By adding new § 721.2088 to

subpart E to read as follows:

§ 721.2088 Carboxylic acids, (C6–C9)

branched and linear.

(a) Chemical substances and

significant new uses subject to reporting.

(1) The chemical substances identified

generically as carboxylic acids, (C6–C9)

branched and linear (PMNs P–93–313,

314, 315, and 316) 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) Hazard communication program.

Requirements as specified in

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

(g)(3)(ii), (g)(4)(iii) and (g)(5).

(ii) Release to water. Requirements as

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

(c)(4) (where N = 300 ppb for P–93–313,

314, and 315 and N = 50 ppb for P–93–

316).

(b) Specific requirements. The

provisions of subpart A of this part

apply to this section except as modified

by this paragraph.

(1) Recordkeeping requirements.

Recordkeeping requirements specified

in § 721.125(a), (b), (c), (f), (g), (h), and

(k) are applicable to manufacturers,

importers, and processors of this

substance.

(2) Limitations or revocation of

certain notification requirements. The

provisions of § 721.185 apply to this

section.

9. By adding new § 721.2410 to

subpart E to read as follows:

§ 721.2410 Alkoxylated

alkyldiethylenetriamine, alkyl sulfate salts.

(a) Chemical substances and

significant new uses subject to reporting.

(1) The chemical substances identified

generically as alkoxylated

dialkyldiethylenetriamine, alkyl sulfate

salts (PMN P–94–325, 326, and 327) 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(o).

(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 requirements.

Recordkeeping requirements specified

in § 721.125(a), (b), (c), and (i) are

applicable to manufacturers, importers,

and processors of this substance.

(2) Limitations or revocation of

certain notification requirements. The

provisions of § 721.185 apply to this

section.

10. By adding new § 721.3028 to

subpart E to read as follows:

§ 721.3028 Methacrylic ester.

(a) Chemical substance and

significant new uses subject to reporting.

(1) The chemical substance identified

generically as a methacrylic ester (PMN

P–93–339) is subject to reporting under

this section for the significant new uses

described in paragraph (a)(2) of this

section.

(2) The significant new uses are:

(i) Protection in the workplace.

Requirements as specified in

§ 721.63(a)(1), (a)(2)(i), (a)(2)(iii),

(a)(2)(iv), (a)(3), (a)(4), (a)(5)(xi), (a)(6)(i),

(a)(6)(ii), (a)(6)(iv), (a)(6)(v), (b)

(concentration set at 0.1 percent), and

(c).

(ii) Hazard communication program.

Requirements as specified in

§ 721.72(a), (b), (c), (d), (e)

(concentration set at 0.1 percent), (f),

(h)(1)(i)(A), (h)(1)(i)(B), (h)(1)(i)(C),

(h)(1)(vi), (h)(2)(i)(B), (h)(2)(i)(C), and

(h)(2)(i)(D).

(iii) Industrial, commercial, and

consumer activities. Requirements as

specified in § 721.80(o).

(b) Specific requirements. The

provisions of subpart A of this part

apply to this section except as modified

by this paragraph.

(1) Recordkeeping requirements.

Recordkeeping requirements specified

in § 721.125(a) through (i) are applicable

to manufacturers, importers, and

processors of this substance.

(2) Limitations or revocation of

certain notification requirements. The

provisions of § 721.185 apply to this

section.

11. By adding new § 721.3034 to

subpart E to read as follows:

§ 721.3034 Methylamine esters.

(a) Chemical substance and

significant new uses subject to reporting.

(1) The chemical substance identified

generically as methylamine esters (PMN

P–94–982) 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 requirements.

Recordkeeping requirements specified

in § 721.125(a), (b), (c), and (i) are

applicable to manufacturers, importers,

and processors of this substance.

(2) Limitations or revocation of

certain notification requirements. The

provisions of § 721.185 apply to this

section.

12. By adding new § 721.3437 to

subpart E to read as follows:

§ 721.3437 Dialkyl ether.

(a) Chemical substance and

significant new uses subject to reporting.

(1) The chemical substance identified

generically as dialkyl ether (PMN P–93–

1308) 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:
Federal Register / Vol. 60, No. 40 / Wednesday, March 1, 1995 / Rules and Regulations 11043

(i) Release to water. Requirements as

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

(c)(4) (where N = 180 ppb).

(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 requirements.

Recordkeeping requirements specified

in § 721.125(a), (b), (c), and (k) are

applicable to manufacturers, importers,

and processors of this substance.

(2) Limitations or revocation of

certain notification requirements. The

provisions of § 721.185 apply to this

section.

13. By adding new § 721.3627 to

subpart E to read as follows:

§ 721.3627 Branched synthetic fatty acid.

(a) Chemical substance and

significant new uses subject to reporting.

(1) The chemical substance identified

generically as a branched synthetic fatty

acid (PMN P–94–422) is subject to

reporting under this section for the

significant new uses described in

paragraph (a)(2) of this section.

(2) The significant new uses are:

(i) Industrial, commercial, and

consumer activities. Requirements as

specified in § 721.80(f), (g), and (l).

(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 requirements.

Recordkeeping requirements specified

in § 721.125(a), (b), (c), and (i) are

applicable to manufacturers, importers,

and processors of this substance.

(2) Limitations or revocation of

certain notification requirements. The

provisions of § 721.185 apply to this

section.

14. By adding new § 721.3790 to

subpart E to read as follows:

§ 721.3790 Polyfluorocarboxylates.

(a) Chemical substances and

significant new uses subject to reporting.

(1) The chemical substances identified

generically as polyfluorocarboxylates

(PMNs P–94–322 and P–94–323) 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(g).

(ii) Release to water. Requirements as

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

(c)(1).

(b) Specific requirements. The

provisions of subpart A of this part

apply to this section except as modified

by this paragraph.

(1) Recordkeeping requirements.

Recordkeeping requirements specified

in § 721.125(a), (b), (c), (i), and (k) are

applicable to manufacturers, importers,

and processors of this substance.

(2) Limitations or revocation of

certain notification requirements. The

provisions of § 721.185 apply to this

section.

15. By adding new § 721.3815 to

subpart E to read as follows:

§ 721.3815 Furan, 2-(ethoxymethyl)-

tetrahydro-.

(a) Chemical substance and

significant new uses subject to reporting.

(1) The chemical substance furan, 2-

(ethoxymethyl) tetrahydro- (P–93–721)

is subject to reporting under this section

for the significant new uses described in

paragraph (a)(2) of this section.

(2) The significant new uses are:

(i) Hazard communication program. A

significant new use of this substance is

any manner or method of manufacture,

import, or processing associated with

any use of this substance without

providing risk notification as follows:

(A) If, as a result of the test data

required under the section 5(e) consent

order for this substance, the employer

becomes aware that this substance may

present a risk of injury to human health

or the environment, the employer must

incorporate this new information, and

any information on methods for

protecting against such risk, into a

Material Safety Data Sheet (MSDS) as

described in § 721.72(c) within 90 days

from the time the employer becomes

aware of the new information. If this

substance is not being manufactured,

imported, processed, or used in the

employer’s workplace, the employer

must add the new information to an

MSDS before the substance is

reintroduced into the workplace.

(B) The employer must ensure that

persons who will receive, or who have

received this substance from the

employer within 5 years from the date

the employer becomes aware of the new

information described in paragraph

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

an MSDS as described in § 721.72(c)

containing the information required

under paragraph (a)(2)(i)(A) of this

section within 90 days from the time the

employer becomes aware of the new

information.

(ii) Industrial, commercial, and

consumer activities. Requirements as

specified in § 721.80(q).

(b) Specific requirements. The

provisions of subpart A of this part

apply to this section except as modified

by this paragraph.

(1) Recordkeeping requirements.

Recordkeeping requirements as

specified in § 721.125(a), (h), and (i) are

applicable to manufacturers, importers,

and processors of this substance.

(2) Limitations or revocation of

certain notification requirements. The

provisions of § 721.185 apply to this

section.

(3) Determining whether a specific use

is subject to this section. The provisions

of § 721.1725(b)(1) apply to this section.

16. By adding new § 721.4110 to

subpart E to read as follows:

§ 721.4110 Allyloxysubstituted

heterocycle.

(a) Chemical substance and

significant new uses subject to reporting.

(1) The chemical substance identified

generically as an allyloxysubstituted

heterocycle (PMN P–93–1471) 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) (where N = 70 ppb).

(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 requirements.

Recordkeeping requirements specified

in § 721.125(a), (b), (c), and (k) are

applicable to manufacturers, importers,

and processors of this substance.

(2) Limitations or revocation of

certain notification requirements. The

provisions of § 721.185 apply to this

section.

17. By adding new § 721.4470 to

subpart E to read as follows:

§ 721.4470 2,4-Imidazolidinedione,

bromochloro-5,5-dimethyl-.

(a) Chemical substance and

significant new uses subject to reporting.

(1) The chemical substance 2,4-

imidazolidinedione, bromochloro-5,5-

dimethyl- (PMN P–94–34) 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(v)(3), (w)(3), and

(x)(3).

(ii) Release to water. Requirements as

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

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

(b) Specific requirements. The

provisions of subpart A of this part

apply to this section except as modified

by this paragraph.

(1) Recordkeeping requirements.

Recordkeeping requirements specified

in § 721.125(a), (b), (c), (i), and (k) are
11044 Federal Register / Vol. 60, No. 40 / Wednesday, March 1, 1995 / Rules and Regulations

applicable to manufacturers, importers,

and processors of this substance.

(2) Limitations or revocation of

certain notification requirements. The

provisions of § 721.185 apply to this

section.

18. By adding new § 721.4594 to

subpart E to read as follows:

§ 721.4594 Substituted azo metal complex

dye.

(a) Chemical substance and

significant new uses subject to reporting.

(1) The chemical substance identified

generically as a substituted azo metal

complex dye (PMN P–94–499) is subject

to reporting under this section for the

significant new uses described in

paragraph (a)(2) of this section.

(2) The significant new uses are:

(i) Industrial, commercial, and

consumer activities. Requirements as

specified in § 721.80(f).

(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 requirements.

Recordkeeping requirements specified

in § 721.125(a) and (i) are applicable to

manufacturers, importers, and

processors of this substance.

(2) Limitations or revocation of

certain notification requirements. The

provisions of § 721.185 apply to this

section.

19. By adding new § 721.4596 to

subpart E to read as follows:

§ 721.4596 Diazo substituted

carbomonocyclic metal complex.

(a) Chemical substance and

significant new uses subject to reporting.

(1) The chemical substance identified

generically as a diazo substituted

carbomonocyclic metal complex (PMN

P–94–1039) is subject to reporting under

this section for the significant new uses

described in paragraph (a)(2) of this

section.

(2) The significant new uses are:

(i) Industrial, commercial, and

consumer activities. Requirements as

specified in § 721.80(f).

(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 requirements.

Recordkeeping requirements specified

in § 721.125(a) and (i) are applicable to

manufacturers, importers, and

processors of this substance.

(2) Limitations or revocation of

certain notification requirements. The

provisions of § 721.185 apply to this

section.

20. By adding new § 721.8155 to

subpart E to read as follows:

§ 721.8155 Propanenitrile, 3-[amino, Ntallowalkyl] dipropylenetri- and

tripropylenetri- and propanenitrile, 3-

[amino, (C14-18 and C16-18 unsaturated alkyl)]

trimethylenedi-, dipropylenetri-, and

tripropylenetetra-.

(a) Chemical substances and

significant new uses subject to reporting.

(1) The chemical substances identified

as propanenitrile, 3-[amino, Ntallowalkyl] dipropylenetri- (PMN P-94

1238), propanenitrile, 3-[amino, Ntallowalkyl] tripropylenetri- (PMN P–

94–1239), propanenitrile, 3-[amino,

(C14-18 and C16-18 unsaturated alkyl)]

trimethylenedi- (PMN P–94–1241),

propanenitrile, 3-[amino, (C14-18 and

C16-18 unsaturated alkyl)]

dipropylenetri- (PMN P–94–1242), and

propanenitrile, 3-[amino, (C14-18 and

C16-18 unsaturated alkyl)]

tripropylenetetra- (PMN P–94–1243) 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) Release to water. Requirements as

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

(c)(1).

(ii) [Reserved]

(b) Specific requirements. The

provisions of subpart A of this part

apply to this section except as modified

by this paragraph.

(1) Recordkeeping requirements.

Recordkeeping requirements specified

in § 721.125(a), (b), (c), and (k) are

applicable to manufacturers, importers,

and processors of this substance.

(2) Limitations or revocation of

certain notification requirements. The

provisions of § 721.185 apply to this

section.

21. By adding new § 721.8170 to

subpart E to read as follows:

§ 721.8170 Propanol, [2-(1,1-

dimethylethoxy)methylethoxy]-.

(a) Chemical substance and

significant new uses subject to reporting.

(1) The chemical substance propanol,

[2-(1,1-dimethylethoxy)methylethoxy]-

(CAS no. 132739-31-2) (P–93–193) is

subject to reporting under this section

for the significant new uses described in

paragraph (a)(2) of this section.

(2) The significant new uses are:

(i) Hazard communication program. A

significant new use of this substance is

any manner or method of manufacture,

import, or processing associated with

any use of this substance without

providing risk notification as follows:

(A) If, as a result of the test data

required under the section 5(e) consent

order for this substance, the employer

becomes aware that this substance may

present a risk of injury to human health

or the environment, the employer must

incorporate this new information, and

any information on methods for

protecting against such risk, into a

Material Safety Data Sheet (MSDS) as

described in § 721.72(c) within 90 days

from the time the employer becomes

aware of the new information. If this

substance is not being manufactured,

imported, processed, or used in the

employer’s workplace, the employer

must add the new information to an

MSDS before the substance is

reintroduced into the workplace.

(B) The employer must ensure that

persons who will receive, or who have

received this substance from the

employer within 5 years from the date

the employer becomes aware of the new

information described in paragraph

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

an MSDS as described in § 721.72(c)

containing the information required

under paragraph (a)(2)(i)(A) of this

section within 90 days from the time the

employer becomes aware of the new

information.

(ii) Industrial, commercial, and

consumer activities. Requirements as

specified in § 721.80(q).

(b) Specific requirements. The

provisions of subpart A of this part

apply to this section except as modified

by this paragraph.

(1) Recordkeeping requirements.

Recordkeeping requirements as

specified in § 721.125(a), (h), and (i) are

applicable to manufacturers, importers,

and processors of this substance.

(2) Limitations or revocation of

certain notification requirements. The

provisions of § 721.185 apply to this

section.

(3) Determining whether a specific use

is subject to this section. The provisions

of § 721.1725(b)(1) apply to this section.

22. By adding new § 721.8670 to

subpart E to read as follows:

§ 721.8670 Alkylcyano substituted

pyridazo benzoate.

(a) Chemical substance and

significant new uses subject to reporting.

(1) The chemical substance identified

generically as an alkylcyano substituted

pyridazo benzoate (PMN P–94–1129) is

subject to reporting under this section

for the significant new uses described in

paragraph (a)(2) of this section.

(2) The significant new uses are:

(i) Release to water. Requirements as

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

(c)(1).

(ii) [Reserved]

(b) Specific requirements. The

provisions of subpart A of this part

apply to this section except as modified

by this paragraph.
Federal Register / Vol. 60, No. 40 / Wednesday, March 1, 1995 / Rules and Regulations 11045

(1) Recordkeeping requirements.

Recordkeeping requirements specified

in § 721.125(a), (b), (c), and (k) are

applicable to manufacturers, importers,

and processors of this substance.

(2) Limitations or revocation of

certain notification requirements. The

provisions of § 721.185 apply to this

section.

23. By adding new § 721.9505 to

subpart E to read as follows:

§ 721.9505 Silanes substituted macrocycle

polyethyl.

(a) Chemical substances and

significant new uses subject to reporting.

(1) The chemical substances identified

generically as silanes substituted

macrocycle polyethyl (PMNs P–93–

1423, 1424, 1425, and 1426) 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) Release to water. Requirements as

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

(c)(1).

(ii) [Reserved]

(b) Specific requirements. The

provisions of subpart A of this part

apply to this section except as modified

by this paragraph.

(1) Recordkeeping requirements.

Recordkeeping requirements specified

in § 721.125(a), (b), (c), and (k) are

applicable to manufacturers, importers,

and processors of these substances.

(2) Limitations or revocation of

certain notification requirements. The

provisions of § 721.185 apply to this

section.

24. By adding new § 721.9540 to

subpart E to read as follows:

§ 721.9540 Polysulfide mixture.

(a) Chemical substance and

significant new uses subject to reporting.

(1) The chemical substance identified

generically as a polysulfide mixture

(PMN P–93–1043) is subject to reporting

under this section for the significant

new uses described in paragraph (a)(2)

of this section.

(2) The significant new uses are:

(i) Hazard communication program. A

significant new use of this substance is

any manner or method of manufacture,

import, or processing associated with

any use of this substance without

providing risk notification as follows:

(A) If, as a result of the test data

required under the section 5(e) consent

order for this substance, the employer

becomes aware that this substance may

present a risk of injury to human health,

or the environment, the employer must

incorporate this new information, and

any information on methods for

protecting against such risk, into the

applicable Material Safety Data Sheet

(MSDS) as described in § 721.72(c)

within 90 days from the time the

employer becomes aware of the new

information. If this substance is not

being manufactured, imported,

processed, or used in the employer’s

workplace, the employer must add the

new information to an MSDS before the

substance is reintroduced into the

workplace.

(B) The employer must ensure that

persons who will receive, or who have

received this substance from the

employer within 5 years from the date

the employer becomes aware of the new

information described in paragraph

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

an MSDS as described in § 721.72(c)

containing the information required

under paragraph (a)(2)(i)(A) of this

section within 90 days from the time the

Company becomes aware of the new

information. Requirements as specified

in § 721.72(a), (b), (c), (d), (f), and

(g)(4)(iii).

(ii) Industrial, commercial, and

consumer activities. Requirements as

specified in § 721.80(p) (153,000 kg).

(iii) Release to water. Requirements as

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

(c)(1).

(b) Specific requirements. The

provisions of subpart A of this part

apply to this section except as modified

by this paragraph.

(1) Recordkeeping requirements.

Recordkeeping requirements specified

in § 721.125(a), (b), (c), (f), (g), (h), (i), (k)

are applicable to manufacturers,

importers, and processors of this

substance.

(2) Limitations or revocation of

certain notification requirements. The

provisions of § 721.185 apply to this

section.

25. By adding new § 721.9962 to

subpart E to read as follows:

§ 721.9962 Trifunctional aliphatic blocked

urethane cross-linker.

(a) Chemical substance and

significant new uses subject to reporting.

(1) The chemical substance identified

generically as a trifunctional aliphatic

blocked urethane cross-linker (PMN P–

94–1009) 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) (where N = 1 ppb).

(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 requirements.

Recordkeeping requirements specified

in § 721.125(a), (b), (c), and (k) are

applicable to manufacturers, importers,

and processors of this substance.

(2) Limitations or revocation of

certain notification requirements. The

provisions of § 721.185 apply to this

section.

[FR Doc. 95–5017 Filed 2–28–95; 8:45 am]

BILLING CODE 6560–50–F

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

43 CFR Public Land Order 7117

[CO–930–1430–01; COC–48691]

Withdrawal of National Forest System

Lands for Vail Ski Area; Colorado

AGENCY: Bureau of Land Management,

Interior.

ACTION: Public land order.

SUMMARY: This order withdraws an

additional 4,870 acres of National Forest

System lands from mining for protection

of recreational resources and facilities at

the Vail Ski Area. This withdrawal will

protect the lands until 2009, the date the

original withdrawal expires. The lands

have been and remain open to such

forms of disposition as may by law be

made of National Forest System lands

and to mineral leasing.

EFFECTIVE DATE: March 1, 1995.

FOR FURTHER INFORMATION CONTACT:

Doris E. Chelius, BLM Colorado State

Office, 2850 Youngfield Street,

Lakewood, Colorado 80215–7076, 303–

239–3706.

By virtue of the authority vested in

the Secretary of the Interior by Section

204 of the Federal Land Policy and

Management Act of 1976, 43 U.S.C.

1714 (1988), it is ordered as follows:

1. Subject to valid existing rights, the

following described National Forest

System lands are hereby withdrawn

from location and entry under the

United States mining laws (30 U.S.C.

Ch. 2 (1988)), for protection of facilities

at the Vail Ski Area:

Sixth Principal Meridian

White River National Forest

T. 5 S., R. 80 W.,

Sec. 25, SW1⁄4 and W1⁄2W1⁄2SE1⁄4;

Sec. 26, S1⁄2;

Sec. 28, S1⁄2;

Sec. 29, S1⁄2;

Sec. 30, SE1⁄4NE1⁄4;

Sec. 32, NE1⁄4, E1⁄2NW1⁄4, N1⁄2NE1⁄4SW1⁄4,

E1⁄2SE1⁄4, and N1⁄2NW1⁄4SE1⁄4;

Sec. 33;

Sec. 34;