95-5017. Significant New Uses of Certain Chemical Substances  

  • [Federal Register Volume 60, Number 40 (Wednesday, March 1, 1995)]
    [Rules and Regulations]
    [Pages 11033-11045]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 95-5017]
    
    
    
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    ENVIRONMENTAL PROTECTION AGENCY
    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.
    
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    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 
    [[Page 11034]] 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 
    short-term 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 long-term. 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), 
    [[Page 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 two-
    species 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 [[Page 11036]] 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-1H-benzimidazol-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 
    Sec. 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 
    Sec. 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 Sec. 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 Sec. 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. 
    [[Page 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 Sec. 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) Polyfluoro- carboxylates.
    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 
    Sec. 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 Sec. 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 Sec. 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 Sec. 721.170(c)(2)(ii). Based on this 
    information, the PMN substance meets the concern criteria at 
    Sec. 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) Hydroxyalkyl-quinoline 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 
    Sec. 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. [[Page 11038]] 
    
    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 Sec. 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 Sec. 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 
    Sec. 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 
    two-species 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 Sec. 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] dipropylenetri- 
    and 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 
    Sec. 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)] dipropylene- tri-, 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 [[Page 11039]] substances meet the 
    concern criteria at Sec. 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 Sec. 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 Sec. 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 Sec. 721.1725(b)(1) with 
    that under Sec. 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 [[Page 11040]] 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 Sec. 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 
    Sec. 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 Sec. 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 [[Page 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 Sec. 721.642 to subpart E to read as follows:
    
    
    Sec. 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 
    Sec. 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 Sec. 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 Sec. 721.185 apply to this section.
        3. By adding new Sec. 721.1187 to subpart E to read as follows:
    
    
    Sec. 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 Sec. 721.80(f).
        (ii) Release to water. Requirements as specified in 
    Sec. 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 Sec. 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 Sec. 721.185 apply to this section.
        4. By adding new Sec. 721.1755 to subpart E to read as follows:
    
    
    Sec. 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 Sec. 721.63(a)(4), 
    (a)(6)(i), (b) (concentration set at 1.0 percent) and (c). During 
    manufacture of the PMN substance Sec. 721.63(a)(5)(i); during use of 
    the PMN substance Sec. 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 
    Sec. 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 Sec. 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 Sec. 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 Sec. 721.185 apply to this section.
        (3) Determining whether a specific use is subject to this section. 
    The provisions of Sec. 721.1725(b)(1) apply to this section.
        5. By adding new Sec. 721.1760 to subpart E to read as follows:
    
    
    Sec. 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 
    Sec. 721.63(a)(1), (b) (concentration set at 1.0 percent), and (c).
        (ii) Hazard communication program. Requirements as specified in 
    Sec. 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 Sec. 721.80(g), (v)(1), (w)(1), and (x)(1).
        (iv) Release to water. Requirements as specified in 
    Sec. 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 Sec. 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 Sec. 721.185 apply to this section.
        6. By adding new Sec. 721.1907 to subpart E to read as follows:
    
    
    Sec. 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-1H-
    benzimidazol-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 
    Sec. 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 Sec. 721.80(f) and processing or use at temperatures 
    above 280  deg.C. [[Page 11042]] 
        (iii) Release to water. Requirements as specified in 
    Sec. 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 Sec. 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 Sec. 721.185 apply to this section.
        7. By adding new Sec. 721.2085 to subpart E to read as follows:
    
    
    Sec. 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 
    Sec. 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 Sec. 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 Sec. 721.185 apply to this section.
        8. By adding new Sec. 721.2088 to subpart E to read as follows:
    
    
    Sec. 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 
    Sec. 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 
    Sec. 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 Sec. 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 Sec. 721.185 apply to this section.
        9. By adding new Sec. 721.2410 to subpart E to read as follows:
    
    
    Sec. 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 Sec. 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 Sec. 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 Sec. 721.185 apply to this section.
        10. By adding new Sec. 721.3028 to subpart E to read as follows:
    
    
    Sec. 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 
    Sec. 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 
    Sec. 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 Sec. 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 Sec. 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 Sec. 721.185 apply to this section.
        11. By adding new Sec. 721.3034 to subpart E to read as follows:
    
    
    Sec. 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 Sec. 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 Sec. 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 Sec. 721.185 apply to this section.
        12. By adding new Sec. 721.3437 to subpart E to read as follows:
    
    
    Sec. 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: [[Page 11043]] 
        (i) Release to water. Requirements as specified in 
    Sec. 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 Sec. 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 Sec. 721.185 apply to this section.
        13. By adding new Sec. 721.3627 to subpart E to read as follows:
    
    
    Sec. 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 Sec. 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 Sec. 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 Sec. 721.185 apply to this section.
        14. By adding new Sec. 721.3790 to subpart E to read as follows:
    
    
    Sec. 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 Sec. 721.80(g).
        (ii) Release to water. Requirements as specified in 
    Sec. 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 Sec. 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 Sec. 721.185 apply to this section.
        15. By adding new Sec. 721.3815 to subpart E to read as follows:
    
    
    Sec. 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 Sec. 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 Sec. 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 Sec. 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 Sec. 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 Sec. 721.185 apply to this section.
        (3) Determining whether a specific use is subject to this section. 
    The provisions of Sec. 721.1725(b)(1) apply to this section.
        16. By adding new Sec. 721.4110 to subpart E to read as follows:
    
    
    Sec. 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 
    Sec. 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 Sec. 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 Sec. 721.185 apply to this section.
        17. By adding new Sec. 721.4470 to subpart E to read as follows:
    
    
    Sec. 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 Sec. 721.80(v)(3), (w)(3), and (x)(3).
        (ii) Release to water. Requirements as specified in 
    Sec. 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 Sec. 721.125(a), (b), (c), (i), and (k) are 
    [[Page 11044]] applicable to manufacturers, importers, and processors 
    of this substance.
        (2) Limitations or revocation of certain notification requirements. 
    The provisions of Sec. 721.185 apply to this section.
        18. By adding new Sec. 721.4594 to subpart E to read as follows:
    
    
    Sec. 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 Sec. 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 Sec. 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 Sec. 721.185 apply to this section.
        19. By adding new Sec. 721.4596 to subpart E to read as follows:
    
    
    Sec. 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 Sec. 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 Sec. 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 Sec. 721.185 apply to this section.
        20. By adding new Sec. 721.8155 to subpart E to read as follows:
    
    
    Sec. 721.8155  Propanenitrile, 3-[amino, N-tallowalkyl] 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, N-tallowalkyl] dipropylenetri- (PMN P-94 1238), propanenitrile, 
    3-[amino, N-tallowalkyl] 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 
    Sec. 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 Sec. 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 Sec. 721.185 apply to this section.
        21. By adding new Sec. 721.8170 to subpart E to read as follows:
    
    
    Sec. 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 Sec. 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 Sec. 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 Sec. 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 Sec. 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 Sec. 721.185 apply to this section.
        (3) Determining whether a specific use is subject to this section. 
    The provisions of Sec. 721.1725(b)(1) apply to this section.
        22. By adding new Sec. 721.8670 to subpart E to read as follows:
    
    
    Sec. 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 
    Sec. 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. [[Page 11045]] 
        (1) Recordkeeping requirements. Recordkeeping requirements 
    specified in Sec. 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 Sec. 721.185 apply to this section.
        23. By adding new Sec. 721.9505 to subpart E to read as follows:
    
    
    Sec. 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 
    Sec. 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 Sec. 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 Sec. 721.185 apply to this section.
        24. By adding new Sec. 721.9540 to subpart E to read as follows:
    
    
    Sec. 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 
    Sec. 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 Sec. 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 Sec. 721.72(a), (b), (c), (d), (f), and (g)(4)(iii).
        (ii) Industrial, commercial, and consumer activities. Requirements 
    as specified in Sec. 721.80(p) (153,000 kg).
        (iii) Release to water. Requirements as specified in 
    Sec. 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 Sec. 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 Sec. 721.185 apply to this section.
        25. By adding new Sec. 721.9962 to subpart E to read as follows:
    
    
    Sec. 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 
    Sec. 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 Sec. 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 Sec. 721.185 apply to this section.
    [FR Doc. 95-5017 Filed 2-28-95; 8:45 am]
    BILLING CODE 6560-50-F
    
    

Document Information

Effective Date:
5/1/1995
Published:
03/01/1995
Department:
Environmental Protection Agency
Entry Type:
Rule
Action:
Final rule.
Document Number:
95-5017
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 ...
Pages:
11033-11045 (13 pages)
Docket Numbers:
OPPTS-50620, FRL-4868-4
RINs:
2070-AB27: Significant New Use Rule (SNUR); Chemical-Specific SNURs To Extend Provisions of Section 5(e) Orders
RIN Links:
https://www.federalregister.gov/regulations/2070-AB27/significant-new-use-rule-snur-chemical-specific-snurs-to-extend-provisions-of-section-5-e-orders
PDF File:
95-5017.pdf
CFR: (33)
40 CFR 721.90(a)(4)
40 CFR 721.90(a)(1)
40 CFR 721.72(a)
40 CFR 721.63(a)(1)
40 CFR 721.90(b)(1)
More ...