§ 721.1525 - Mixture of: 1,3-ben-zene-dia-mine, 2-methyl-4,6-bis(methyl-thio)- (CAS NO. 104983-85-9) and 1,3-benzenediamine, 4-methyl-2,6-bis(methylthio)- (CAS NO. 102093-68-5).

(a) Chemical substance and significant new uses subject to reporting. (1) The following chemical substance, referred to by its PMN number, chemical name, and CAS NOS., is subject to reporting under this section for the significant new uses described in paragraph (a)(2) of this section: P-86-1322, Mixture of: 1,3-benzenediamine, 2-methyl-4,6-bis(methylthio)- (CAS NO. 104983-85-9) and 1,3-benzenediamine, 4-methyl-2,6-bis(methylthio)- (CAS NO. 102093-68-5).

(2) The significant new uses are:

(i) Use other than for industrial uses.

(ii) Any method of disposal of the uncured substance other than by incineration.

(iii) Any manner or method of manufacturing, importing, or processing without establishing a program whereby:

(A) Any person who may be exposed dermally to the substance wears:

(1) Gloves which have been determined to be impervious to the substance under the conditions of exposure, including the duration of exposure. This determination is made either by testing the gloves under the conditions of exposure or by evaluating the specifications provided by the manufacturer of the gloves. Testing or evaluation of specifications includes consideration of permeability, penetration, and potential chemical and mechanical degradation by the substance and associated chemical substances.

(2) Clothing which covers any other exposed areas of the arms, legs, and torso.

(3) Chemical safety goggles or equivalent eye protection.

(B) Any person who may be exposed to the substance through inhalation, in addition to the dermal protective equipment described in paragraph (a)(2)(iii)(A) of this section, wears at a minimum a National Institute for Occupational Safety and Health approved category 19C air-supplied respirator. Use of the respirator is according to 29 CFR 1910.134 and 30 CFR part 11 subpart J. If a full-face type respirator is selected and worn, the chemical safety goggles requirement in paragraph (a)(2)(iii)(A)(3) of this section is waived.

(C) All persons who may be exposed to the substance are informed, in writing, and by presenting the information as part of a training program in safety meetings at which attendance is recorded, by means of the following statement:

(D) All persons that receive the PMN substance are notified, in advance of such receipt, by means of a Material Safety Data Sheet (MSDS) which includes, at a minimum, the language specified in paragraph (a)(2)(iii)(C) of this section, and specifies the requirements for protective equipment in paragraphs (a)(2)(iii) (A) and (B) of this section.

(E) Each container of the substance, or of a formulation containing the substance, distributed in commerce has affixed to it a label which includes a Warning Statement which consists, at a minimum, of the language specified in paragraph (a)(2)(iii)(C) of this section. The first word of the Warning Statement is capitalized, and the type size for the first word is no smaller than 6-point type for a label 5 square inches or less in area, 10-point type for a label above 5 but no greater than 10 square inches in area, 12-point type for a label above 10 but no greater than 15 square inches in area, 14-point type for a label above 15 but no greater than 30 square inches in area, or 18-point type for all labels over 30 square inches in area. The type size of the remainder of the Warning Statement is no smaller than 6-point type. All required label text is of sufficient prominence and is placed with such conspicuousness relative to other label text and graphic material to ensure that the Warning Statement is read and understood by the ordinary individual under customary conditions of purchase and use.

(iv) Manufacturing and importing the substance, for industrial uses, at greater than the aggregate volumes allowed under the consent order issued for Premanufacture Notice P-86-1322, effective on May 23, 1987, without performing the toxicity testing required under that order.

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

(1) Determining whether a use is a significant new use. (i) A person who intends to manufacture or import the substance identified in paragraph (a)(1) of this section may submit to EPA the information required under § 721.11(b).

(ii) EPA will review this information to determine whether the person has a bona fide intent to manufacture or import the substance. If EPA determines that the person has a bona fide intent to manufacture or import the substance, EPA will tell the person the specific production volume which would constitute a significant new use under paragraph (a)(2)(iv) of this section.

(iii) A disclosure to a person with a bona fide intent to manufacture or import the substance of specific production volume which would constitute a significant new use under paragraph (a)(2)(iv) of this section will not be considered public disclosure of confidential business information under section 14 of the Act.

(2) Recordkeeping. In addition to the requirements of § 721.17, manufacturers, importers, and processors must maintain the following records for 5 years after the date they are created:

(i) Any determination that gloves are impervious to the substance.

(ii) Names of persons who have attended safety meetings in accordance with paragraph (a)(2)(iii)(C) of this section, the dates of such meetings, and copies of any written information provided in accordance with paragraph (a)(2)(iii)(C) of this section.

(iii) Copies of any MSDSs used.

(iv) Names and addresses of all persons to whom the PMN substance is sold or transferred, including shipment destination address if different, the date of each sale or transfer, and the quantity of substance sold or transferred on such date.

(v) Copies of any labels used.

(vi) Any names used for the substance and the corresponding dates of use.

(vii) Quantities of the substance manufactured or imported, with the corresponding dates of manufacture or import.

(viii) Quantities of the substance purchased in the United States by processors of the substance, names and addresses of suppliers, and corresponding dates of purchase.

(ix) Information on disposal of the substance, including dates waste material is disposed of, location of disposal sites, volume of disposed solid material, estimated volume of any disposed liquid wastes containing the substance, and method of disposal.