[Federal Register Volume 79, Number 195 (Wednesday, October 8, 2014)]
[Rules and Regulations]
[Pages 60759-60761]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-24027]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 721

[EPA-HQ-OPPT-2012-0727; FRL-9917-25]
RIN 2070-AB27


Significant New Use Rule on Certain Chemical Substances; 
Technical Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; technical correction.

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SUMMARY: EPA issued final significant new use rules (SNURs) in the 
Federal Register of September 2, 2014 for 36 chemical substances which 
were the subject of premanufacture notices (PMNs). For the chemical 
substance identified generically as diisocyanate terminated 
polycarbodiimide (PMN P-04-640), EPA inadvertently omitted the de 
minimus exemption from the worker protection requirements. Also, for 
the chemical substance identified generically as hexanedioic acid, 
polymer with .alpha.-hydro-.omega.- hydroxypoly[oxy(methyl-1,2-
ethanediyl)],1,1'-methylenebis[4-isocyanatobenzene], dihydroxydialkyl

[[Page 60760]]

ether and dialkanol ether (PMN P-11-311) a typographical error in the 
PMN number has been identified. The amendments in this document are 
being issued to correct the omission and the typographical error.

DATES: This technical correction is effective November 3, 2014.

ADDRESSES: The docket for this action, identified by docket 
identification (ID) number EPA-HQ-OPPT-2012-0727, is available at 
http://www.regulations.gov or at the Office of Pollution Prevention and 
Toxics Docket (OPPT Docket), Environmental Protection Agency Docket 
Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 1301 
Constitution Ave. NW., Washington, DC. The Public Reading Room is open 
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal 
holidays. The telephone number for the Public Reading Room is (202) 
566-1744, and the telephone number for the OPPT Docket is (202) 566-
0280. Please review the visitor instructions and additional information 
about the docket available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: For technical information contact: Jim 
Alwood, Chemical Control Division (7405M), Office of Pollution 
Prevention and Toxics, Environmental Protection Agency, 1200 
Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number: 
(202) 564-8974; email address: <a href="/cdn-cgi/l/email-protection#452429322a2a216b2f2c28052035246b222a33"><span class="__cf_email__" data-cfemail="3859544f57575c16525155785d4859165f574e">[email protected]</span></a>.
    For general information contact: The TSCA-Hotline, ABVI-Goodwill, 
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202) 
554-1404; email address: <a href="/cdn-cgi/l/email-protection#2f7b7c6c6e0267405b4346414a6f4a5f4e01484059"><span class="__cf_email__" data-cfemail="99cdcadad8b4d1f6edf5f0f7fcd9fce9f8b7fef6ef">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Does this action apply to me?

    The Agency included in the September 2, 2014 final rule a list of 
those who may be potentially affected by this action.

II. What does this technical correction do?

    EPA issued a final rule in the Federal Register of September 2, 
2014 (79 FR 51899) (FRL-9914-19) for significant new uses for 36 
chemical substances that were the subject of PMN notices. EPA omitted 
the de minimus exemption of 1.0% from the worker protection 
requirements for Sec.  721.10643. EPA also erroneously identified the 
chemical substance in the regulatory text for Sec.  721.10653 as being 
submitted with PMN P-09-311. The correct number should be PMN P-11-311. 
This action corrects the omission and the typographical error.

III. Why is this correction issued as a final rule?

    Section 553 of the Administrative Procedure Act (APA) (5 U.S.C. 
553(b)(3)(B)) provides that, when an Agency for good cause finds that 
notice and public procedure are impracticable, unnecessary or contrary 
to the public interest, the Agency may issue a final rule without 
providing notice and an opportunity for public comment. EPA has 
determined that there is good cause for making this technical 
correction final without prior proposal and opportunity for comment. In 
Unit V. of the September 2, 2014 final rule containing EPA's response 
to comments, EPA stated in the response to comment 10 that it would 
include a de minimus exemption of 1.0% from the worker protection 
requirements for Sec.  721.10643. The typographic error of P-09-311 
only appears in the regulatory text for Sec.  721.10653. In the 
proposed rule and the preamble to the final rule EPA properly 
identified the chemical substance subject to Sec.  721.10653 as being 
submitted with P-11-309, thereby making clear the intention of the 
Agency in promulgating the rule. EPA finds that this constitutes good 
cause under 5 U.S.C. 553(b)(3)(B).

IV. Do any of the statutory and executive order reviews apply to this 
action?

    No. For a detailed discussion concerning the statutory and 
executive order review, refer to Unit X. of the September 2, 2014 final 
rule.

V. Congressional Review Act

    Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.), 
EPA will submit a report containing this rule and other required 
information to the U.S. Senate, the U.S. House of Representatives, and 
the Comptroller General of the United States prior to publication of 
the rule in the Federal Register. This action is not a ``major rule'' 
as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 721

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

    Dated: October 2, 2014.
Maria J. Doa,
Director, Chemical Control Division, Office of Pollution Prevention and 
Toxics.

    Therefore, 40 CFR part 721 is amended as follows:

PART 721--[AMENDED]

0
1. The authority citation for part 721 continues to read as follows:

    Authority: 15 U.S.C. 2604, 2607, and 2625(c).


0
2. In Sec.  721.10643, revise paragraph (a)(2)(i) to read as follows:


Sec.  [emsp14]721.10643  Diisocyanate terminated polycarbodiimide 
(generic).

    (a) * * *
    (2) * * *
    (i) Protection in the workplace. Requirements as specified in Sec.  
721.63(a)(1), (a)(3), (a)(4), (a)(6)(ii), and (b) (concentration set at 
1.0 percent). When determining which persons are reasonably likely to 
be exposed as required for Sec.  721.63(a)(1) and (4), engineering 
control measures (e.g., enclosure or confinement of the operation, 
general and local ventilation) or administrative control measures 
(e.g., workplace policies and procedures) shall be considered and 
implemented to prevent or reduce exposure, where feasible. A National 
Institute for Occupational Safety and Health (NIOSH)-certified 
supplied-air respirator operated in pressure demand or other positive 
pressure mode and equipped with a tight-fitting full facepiece with an 
assigned protection factor (APF) of at least 2,000 meets the minimum 
requirements of Sec.  721.63(a)(4). As an alternative to the 
respiratory requirements listed here, a manufacturer, importer, or 
processor may choose to follow the new chemical exposure limit (NCEL) 
provisions listed in the TSCA section 5(e) consent order for this 
substance. The NCEL is 0.05 mg/m\3\. Persons whose Sec.  721.30 
requests to use the NCELs approach are approved by EPA will receive 
NCELs provisions comparable to those contained in the corresponding 
section 5(e) consent order.
* * * * *
0
3. In Sec.  [emsp14]721.10653, revise paragraph (a)(1) to read as 
follows:


Sec.  [emsp14]721.10653  Hexanedioic acid, polymer with .alpha.-
hydro-.omega.-hydroxypoly[oxy(methyl-1,2-ethanediyl)],1,1'-
methylenebis[4-isocyanatobenzene], dihydroxydialkyl ether and dialkanol 
ether (generic).

    (a) * * *
    (1) The chemical substance identified generically as hexanedioic 
acid, polymer with .alpha.-hydro-.omega.-hydroxypoly[oxy(methyl-1,2-
ethanediyl)],1,1'-methylenebis[4-isocyanatobenzene], dihydroxydialkyl 
ether and dialkanol ether (PMN P-11-311) is subject to reporting under 
this section for the significant new uses

[[Page 60761]]

described in paragraph (a)(2) of this section.
* * * * *
[FR Doc. 2014-24027 Filed 10-7-14; 8:45 am]
BILLING CODE 6560-50-P


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