[Federal Register Volume 76, Number 133 (Tuesday, July 12, 2011)]
[Proposed Rules]
[Pages 40850-40860]
[FR Doc No: 2011-17084]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 721

[EPA-HQ-OPPT-2009-0767; FRL-8877-8]
RIN 2070-AJ52

Glymes; Proposed Significant New Use Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing a significant new use rule (SNUR) under
section 5(a)(2) of the Toxic Substances Control Act (TSCA) for the 14
glymes identified in this proposed rule. This action would require
persons who intend to manufacture, import, or process these chemical
substances for an activity that is designated as a significant new use
by this proposed rule to notify EPA at least 90 days before commencing
that activity. The required notification would provide EPA with the
opportunity to evaluate the intended use and, if necessary, to prohibit
or limit that activity before it occurs.

DATES: Comments must be received on or before September 12, 2011.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPPT-2009-0767, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
     Mail: Document Control Office (7407M), Office of Pollution
Prevention and Toxics (OPPT), Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460-0001.
     Hand Delivery: OPPT Document Control Office (DCO), EPA
East Bldg., Rm. 6428, 1201 Constitution Ave., NW., Washington, DC.
Attention: Docket ID Number EPA-HQ-OPPT-2009-0767. The DCO is open from
8 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The
telephone number for the DCO is<PHONE_NUMBER>. Such deliveries are
only accepted during the DCO's normal hours of operation, and special
arrangements should be made for deliveries of boxed information.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPPT-
2009-0767. EPA's policy is that all comments received will be included
in the docket without change and may be made available on-line at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The regulations.gov Web site is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through regulations.gov,
your e-mail address will be automatically captured and included as part
of the comment that is placed in the docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the docket index
available at http://www.regulations.gov. Although listed in the index,
some information is not publicly available, e.g., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, will be publicly available only
in hard copy. Publicly available docket materials are available
electronically at http://www.regulations.gov, or, if only available in
hard copy, at the OPPT Docket. The OPPT Docket is located in the EPA
Docket Center (EPA/DC) at Rm. 3334, EPA West Bldg., 1301 Constitution
Ave., NW., Washington, DC. The EPA/DC Public Reading Room hours of
operation are 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding
legal holidays. The telephone number of the EPA/DC Public Reading Room
is<PHONE_NUMBER>, and the telephone number for the OPPT Docket is
(202) 566-0280. Docket visitors are required to show photographic
identification, pass through a metal detector, and sign the EPA visitor
log. All visitor bags are processed through an X-ray machine and
subject to search. Visitors will be provided an EPA/DC badge that must
be visible at all times in the building and returned upon departure.

FOR FURTHER INFORMATION CONTACT: For technical information contact: Amy
Breedlove, Chemical Control Division (7405M), Office of Pollution
Prevention and Toxics, Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:
202-564-9823; e-mail address<EMAIL_ADDRESS>    For general information contact: The TSCA-Hotline, ABVI-Goodwill,
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202)
554-1404; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you manufacture,
import, or process the chemicals listed in Unit III.A. Potentially
affected entities may include, but are not limited to:
     Manufacturers, importers, or processors of one or more of
subject chemical substances (North American Industrial Classification
System (NAICS) codes 325 and 324110), e.g., chemical manufacturing and
petroleum refineries;
     All other basic organic chemical manufacturing (NAICS
325199);
     Printing ink manufacturing (NAICS 325910);

     Paint and Coating Manufacturing (NAICS 325510);
     Adhesive Manufacturing (NAICS 325520);
     Primary Battery Manufacturing (NAICS 335912); and
     Motor Vehicle Brake System Manufacturing (NAICS 336340).
    This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The NAICS codes have been provided to assist you and others
in determining whether this action might apply to certain entities. To
determine whether you or your business may be affected by this action,
you should carefully examine the applicability provisions in 40 CFR
721.5. If you have any questions regarding the applicability of this
action to a particular entity, consult the technical person listed
under FOR FURTHER INFORMATION CONTACT.
    This action may also affect certain entities through pre-existing
import certification and export notification rules under TSCA. Persons
who import any chemical substance governed by a final SNUR are subject
to the TSCA section 13 (15 U.S.C. 2612) import certification
requirements and the corresponding regulations at 19 CFR 12.118 through
12.127; see also 19 CFR 127.28. Those persons must certify that the
shipment of the chemical substance complies with all applicable rules
and orders under TSCA, including any SNUR requirements. The EPA policy
in support of import certification appears at 40 CFR part 707, subpart
B. In addition, any persons who export or intend to export a chemical
substance that is the subject of this proposed rule on or after August
11, 2011 are subject to the export notification provisions of TSCA
section 12(b) (15 U.S.C. 2611(b)), (see 40 CFR 721.20), and must comply
with the export notification requirements in 40 CFR part 707, subpart
D.

B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit confidential business information
(CBI) to EPA through regulations.gov or e-mail. Clearly mark the part
or all of the information that you claim to be CBI. For CBI information
in a disk or CD-ROM that you mail to EPA, mark the outside of the disk
or CD-ROM as CBI and then identify electronically within the disk or
CD-ROM the specific information that is claimed as CBI. In addition to
one complete version of the comment that includes information claimed
as CBI, a redacted copy of the comment that does not contain the
information claimed as CBI must be submitted for inclusion in the
public docket. Information so marked will not be disclosed except in
accordance with procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments,
remember to:
    i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
    ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal
    threats.
    viii. Make sure to submit your comments by the comment period
deadline identified.

II. Background

A. What is the agency's authority for taking this action?

    Section 5(a)(2) of TSCA (15 U.S.C. 2604(a)(2)) authorizes EPA to
determine that a use of a chemical substance is a ``significant new
use.'' Since on-going uses are by definition, not new, they are
identified and excluded from the SNUR. EPA must make the determination
of a ``significant new use'' by rule after considering all relevant
factors, including those listed in TSCA section 5(a)(2). The relevant
factors to be considered are:
     The projected volume of manufacturing and processing of a
chemical substance.
     The extent to which a use changes the type or form of
exposure of human beings or the environment to a chemical substance.
     The extent to which a use increases the magnitude and
duration of exposure of human beings or the environment to a chemical
substance.
     The reasonably anticipated manner and methods of
manufacturing, processing, distribution in commerce, and disposal of a
chemical substance.
     In addition to the factors enumerated in TSCA section
5(a)(2), the statute authorizes EPA to consider any other relevant
factors.
    Once EPA determines that a use of a chemical substance is a
significant new use, TSCA section 5(a)(1)(B) requires persons to submit
a significant new use notice (SNUN) to EPA at least 90 days before they
manufacture, import, or process the chemical substance for that use (15
U.S.C. 2604(a)(1)(B)). As described in Unit VII., the general SNUR
provisions are found at 40 CFR Part 721, Subpart A.
    Section 26(c) of TSCA (15 U.S.C. 2625(c)) authorizes EPA to take
action under other sections of TSCA with respect to categories of
chemical substances.

B. Why is the agency taking this action?

    EPA has concerns about the 14 glymes listed in this SNUR, all of
which have similar chemical structures. EPA is concerned about the
reproductive and/or developmental toxicity of monoglyme, diglyme, and
ethylglyme and believes that individuals could suffer adverse effects
from their use. In addition, EPA has concerns about the remaining 11
glymes due to the lack of available use, exposure, and toxicity
information. Currently, exposure to monoglyme in lithium batteries is
very limited since the batteries are sealed. The amount of exposure to
diglyme in printing inks is less certain, but any additional use would
increase the existing exposure to the chemical. Ethylglyme currently
has no consumer uses but has been found in water sources, its
production level appears to be increasing, and given its toxicity, EPA
would be concerned if this chemical substance became prevalent in
consumer products. EPA further believes that the use of any of these
chemical substances in consumer products, beyond the limited, on-going
current uses, could significantly increase the magnitude and duration
of exposure to humans and the environment over that which would
otherwise exist and that such increase should not occur without
opportunity for EPA review. Finally, for pentaethylene glycol dibutyl
ether and butyltriglyme, which presently show no reported production to
the IUR or any ongoing uses, EPA believes that any use of these
chemical substances could be a significant increase in the magnitude
and duration of exposure to humans and the environment over that which
currently exist.

    On March 18, 2008, EPA published risk based prioritization related
documents on monoglyme and diglyme (Refs. 1, 2, 3, and 4), which
indicated that it appeared these two chemical substances are used in
consumer products and also indicated EPA's concerns about the potential
health effects of these two chemical substances. Studies on monoglyme
and diglyme indicate adverse health effects concerning reproductive and
developmental toxicity, as well as on blood and blood-forming organs.
Studies on ethylglyme show developmental toxicity as well as potential
for gene mutation. Several manufacturers initially responded that, with
the exception of monoglyme use in sealed lithium batteries, there are
no consumer uses. Follow up contact with manufacturers revealed some
additional potential consumer uses and raised questions about some of
the other uses. For monoglyme, diglyme, and ethylglyme, as well as the
remaining 11 chemicals, the level of toxicity is uncertain and/or the
type and extent of the use of the chemical substance is unclear. EPA is
proposing to issue this SNUR to require notification prior to any new
manufacturing, importing, or processing of these chemicals for consumer
uses (with specified exceptions), or in some cases all uses. EPA
intends to continue to monitor production, use and other relevant
information on the subject substances and, where appropriate, initiate
further action.
    EPA previously published a SNUR on November 29, 2005, (70 FR
71401), (FRL-7740-7), on a major metabolite of monoglyme, 2-
methoxyethanol (2-ME), CASRN 109-86-4, requiring notice to the Agency
before 2-ME is used in a consumer product (40 CFR 721.10001) (Ref. 5).

III. Significant New Use Determination

A. What chemicals are included in this SNUR?

    The proposed category of glymes to be regulated by this SNUR
consists of the 14 chemical substances shown in Table 1 and Table 2.
Specifically, the designated significant new use for the glymes
chemicals in Table 1 of this unit would be ``use in a consumer
product,'' with the exception of the ongoing uses which are the
excluded uses listed under ``Proposed Excluded Consumer Uses,'' and
where the designated significant new use for the chemicals in Table 2
would be ``any use.'' ``Consumer product'' is defined at 40 CFR 721.3
as: ``a chemical substance that is directly, or as part of a mixture,
sold or made available to consumers for their use in or around a
permanent or temporary household or residence, in or around a school,
or in recreation.''
    While hazard data are only currently available for 3 of the 14
chemical substances in this category (see Unit IV.D.), EPA is proposing
to designate significant new uses for all 14 chemical substances listed
in Tables 1 and 2 on the basis of the available information. Consistent
with its authority under TSCA section 26(c), EPA is proposing to make
all 14 chemical substances subject to the significant new use rule
based on similarities in the molecular structures, physical and
chemical properties, uses, and potential uses of the chemical
substances in the category. EPA acknowledges that there are differences
in the ongoing uses of the 14 chemical substances, and has accounted
for those differences by varying the proposed significant new use
designations for the chemical substances, as shown in Tables 1 and 2.
Nonetheless, EPA believes that the chemicals are sufficiently similar
such that it is appropriate, for purposes of this SNUR, to act on them
together. EPA solicits public comment on the scope of the chemical
substances to be subject to this SNUR. Specifically, whether any of the
chemical substances included in the category are sufficiently
dissimilar from the rest that they should be removed from the category,
or whether any additional chemical substances are sufficiently similar
that they should be added to the category.

   Table 1--Chemicals With Use in a Consumer Product as the Proposed Significant New Use and Proposed Excluded
                                                  Consumer Uses
----------------------------------------------------------------------------------------------------------------
 Chemical Abstract Service  (CAS)   Chemical abstract index                                 Proposed excluded
      Registry No.  (CASRN)                   name                   Common name              consumer uses
----------------------------------------------------------------------------------------------------------------
110-71-4.........................  Ethane, 1,2-dimethoxy-...  Monoglyme or              In electrolyte solutions
                                                               Monoethylene glycol       for sealed lithium
                                                               dimethyl ether.           batteries.
111-96-6.........................  Ethane, 1,1'-oxybis[2-     Diglyme or Diethylene     As a solvent in printing
                                    methoxy-.                  glycol dimethyl ether.    inks for consumer
                                                                                products.
112-36-7.........................  Ethane, 1,1'-oxybis[2-     Ethyldiglyme or
                                    ethoxy-.                   Diethylene glycol
                                                               diethyl ether.
112-49-2.........................  2,5,8,11-Tetraoxadodecane  Triglyme or Triethylene   --As a solvent in
                                                               glycol dimethyl ether.    consumer adhesives.
                                                                                --As a component of
                                                                                consumer brake fluids.
                                                                                --As a component of
                                                                                consumer paint/graffiti
                                                                                removers.
                                                                                --in consumer paints.
112-73-2.........................  Butane, 1,1'-[oxybis(2,1-  Butyldiglyme or
                                    ethanediyloxy)]bis-.       Diethylene glycol
                                                               dibutyl ether.
112-98-1.........................  5,8,11,14,17-              Tetraethylene glycol
                                    Pentaoxaheneicosane.       dibutyl ether.
143-24-8.........................  2,5,8,11,14-               Tetraglyme or             --As an HFC/CFC
                                    Pentaoxapentadecane.       Tetraethylene glycol      lubricant.
                                                               dimethyl ether.
                                                                                --As a solubilizing
                                                                                agent for consumer
                                                                                printing inks.
                                                                                --As a coalescing agent
                                                                                in consumer paints.
629-14-1.........................  Ethane, 1,2-diethoxy-....  Ethylglyme or Ethylene
                                                               glycol diethyl ether.
4353-28-0........................  3,6,9,12,15-               Tetraethylene glycol
                                    Pentaoxaheptadecane.       diethyl ether.
23601-39-0.......................  3,6,9,12,15,18-            Pentaethylene glycol
                                    Hexaoxaeicosane.           diethyl ether.

24991-55-7.......................  Poly(oxy-1,2-ethanediyl),  Polyglyme or              Use in consumer paint
                                    .alpha.-methyl-.omega.-    Polyethylene glycol       strippers.
                                    methoxy-.                  dimethyl ether.
31885-97-9.......................  Poly(oxy-1,2-ethanediyl),  Polyethylene glycol
                                    .alpha.-butyl-.omega.-     dibutyl ether.
                                    butoxy-.
----------------------------------------------------------------------------------------------------------------

 Table 2--Chemicals With ``Any Use'' as the Proposed Significant New Use
------------------------------------------------------------------------
  Chemical Abstract Service     Chemical abstract
 (CAS) Registry No.  (CASRN)       index name            Common name
------------------------------------------------------------------------
51105-00-1..................  5,8,11,14,17,20-      Pentaethylene glycol
                               Hexaoxatetracosane.   dibutyl ether.
63512-36-7..................  5,8,11,14-            Butyltriglyme or
                               Tetraoxaoctadecane.   Triethylene glycol
                                                     dibutyl ether.
------------------------------------------------------------------------

B. What relevant factors were considered for this SNUR?

    To develop its preliminary determination of what would constitute a
significant new use of the glymes listed in Table 1 and Table 2, EPA
considered relevant information about the toxicity of these substances,
likely human exposures and environmental releases associated with
possible uses, and the four factors listed in section 5(a)(2) of TSCA
and Unit II.A. of this proposed SNUR.
    The latest information available to EPA, which is summarized in
Unit IV. of this SNUR, indicates that based on historical production
levels of five of these chemicals, any production or commencement of
Inventory Update Reporting (IUR) reporting would be considered a
significant change. For the two chemicals which currently do not appear
to be in production or use, commencement of production for any use
could result in a significant increase in the type and form of exposure
to both humans and the environment. For the seven chemicals which
currently do not have ongoing consumer uses, any commencement of use in
a consumer product would change the type of exposure to humans from
indirect to direct exposure and the form of exposure from primarily
inhalation to both inhalation and skin exposure.
    EPA believes that any shift from a status of no uses in a consumer
product to any use in a consumer product would increase the magnitude
and duration of exposure to consumers than would otherwise exist since
use of a consumer product could result in more frequent, direct, and
longer exposures than the infrequent or indirect exposures that
currently exist. Additional workers are also likely to be exposed, as
is the surrounding environment at manufacturing or processing sites,
due to possible increases in releases which could contribute additional
glymes into the environment. Finally, EPA believes that any changes in
the reasonably anticipated manner and methods of manufacturing,
processing, distribution in commerce, or disposal of these glymes could
contribute to the type, form, magnitude and duration of exposure to
humans and the environment.
    Based on these relevant factors, EPA has preliminarily determined
that the manufacture, import, or processing of ethyldiglyme,
butyldiglyme, tetraethylene glycol dibutyl ether, ethylglyme,
tetraethylene glycol diethyl ether, pentaethylene glycol diethyl ether,
and polyethylene glycol dibutyl ether for any use in a consumer product
is a significant new use. EPA has also primarily determined that the
manufacture, import, or processing of monoglyme, diglyme, triglyme,
tetraglyme, polyglyme for any use in a consumer product, other than for
the ongoing uses listed in Table 1, is a significant new use. In
addition, EPA has primarily determined that the manufacture, import, or
processing of pentaethylene glycol dibutyl ether and butyltriglyme for
any use is a significant new use.

C. What are EPA objectives for this SNUR?

    EPA wants to achieve the following objectives with regard to the
significant new use(s) that are designated in this proposed rule:
    1. EPA would receive notice of any person's intent to manufacture,
import, or process the glymes listed in Table 1 and Table 2 for the
described significant new uses before that activity begins.
    2. EPA would have an opportunity to review and evaluate data
submitted in a SNUN before the notice submitter begins manufacturing,
importing or processing of the glymes listed in Table 1 and Table 2 for
the described significant new uses.
    3. EPA would be able to regulate prospective uses of the glymes
listed in Table 1 and Table 2 before the described significant new uses
of the chemical substance occur, provided that regulation is warranted
pursuant to TSCA sections 5(e), 5(f), 6 or 7.

IV. Summary of Relevant Available Information on the Glymes

A. What are the ongoing uses of these chemicals?

    1. Known Ongoing Uses of Glymes. To identify the ongoing consumer
uses of these glymes, as well as potential industrial uses, EPA used
information submitted under the 2006 IUR rule, contacted manufacturers,
searched business periodicals, and searched other available sources.
Monoglyme is used in consumer products in electrolyte solutions for
sealed lithium batteries. Industrial uses include printed circuit board
manufacturing; in reactions with strong bases; in mixtures where
solvent separation and recovery is necessary; as an inert special
solvent; and as a solvent in pharmaceutical production (Ref. 6, p. 9).
    Diglyme is used as a solvent in printing inks for consumer products
and industrially as a solvent in a variety of processes (Ref. 6, p.
10).
    Triglyme is used in consumer products in consumer brake fluids, as
a solvent in consumer adhesives, as a component of consumer paint and
graffiti removers and in consumer paints. Industrial uses include

generation of chemicals, use as a reaction solvent, and use as a
binding agent in porcelain powders (Ref. 6, p. 11).
    Tetraglyme is used in consumer products as a solubilizing agent for
consumer printing inks, as a coalescing agent in consumer paints, and
as an HFC/CFC lubricant which may be used in consumer air conditioners.
Industrial uses include use as a solubilizing agent in textiles and
plastics, as a dye fixation additive for cotton textiles, as a
fungicide process solvent, and as a gas scrubbing agent (Ref. 6, p.
12).
    Polyglyme is used in consumer paint strippers. Industrial uses
include use as special, high boiling solvents for chemical reactions,
use as a solubilizing agent for plastic, textile, and paper processes,
and use as a gas scrubbing agent (Ref. 6, p. 13).
    Ethyldiglyme, butyldiglyme, tetraethylene glycol dibutyl ether,
ethylglyme, tetraethylene glycol diethyl ether, pentaethylene glycol
diethyl ether, and polyethylene glycol dibutyl ether, have no known
uses in consumer products. Industrial uses of these glymes can include
use: as a high-boiling solvent for nitrocellulose, resins, and
lacquers; as a solubilizer in organic synthesis; as a solvent in the
production of plastic resins and compounds, rubber chemicals; as a
solvent for conductive printing ink; in the production of printed
circuit etchants; in the preparation of and reaction with Grignard
reagents; in metal extractions; as a solvent in pharmaceutical
syntheses; in the production of coatings; and as a gas scrubbing liquid
(Ref. 6, pp. 14-19).
    The chemicals listed in Table 2, pentaethylene glycol dibutyl ether
and butyltriglyme, have no known uses (Ref. 6, p. 19).
    2. Potential for Other Ongoing Uses of Glymes. In order to
ascertain if there are any ongoing uses of these glymes, EPA used
information submitted under the IUR rule, contacted manufacturers,
searched business periodicals, and searched other available sources. In
some instances, EPA could confirm the existence of an ongoing use in a
consumer product from the information reviewed. In other instances, the
results of EPA's search were unclear, and EPA could not confirm whether
certain reported consumer product uses were actual ongoing uses.
    Therefore, EPA is requesting public comment on whether any of the
additional unconfirmed uses listed in this unit are actual, ongoing
uses in a consumer product, and whether there are any other ongoing
uses in a consumer product of the chemicals listed in Table 1. For
pentaethylene glycol dibutyl ether and butyltriglyme, EPA is requesting
public comment on whether there are any ongoing uses at all (consumer
or industrial). EPA does not anticipate that it will add additional
exclusions to the final rule, beyond those listed in Table 1, except
where public comment adequately substantiates the existence of a
claimed additional ongoing use.

     Table 3--Reported Consumer Uses of Glymes That Are Unconfirmed
------------------------------------------------------------------------
                                      Additional unconfirmed reports of
                                     use  (In addition to any confirmed
            Common name                ongoing consumer uses listed in
                                                  table 1)
------------------------------------------------------------------------
Monoglyme.........................  Treat aluminum surfaces to ensure
                                     surfaces are less reactive, inner
                                     and outer layer etching of printed
                                     circuit board manufacturing.
Diglyme...........................  Component in automotive care
                                     products, a component of brake
                                     fluid, a component in paints and
                                     coatings, and a component in
                                     adhesives and sealants.
Ethyldiglyme......................  Component in paint and paint
                                     varnishes, use in coatings
                                     manufacturing, use in adhesives
                                     manufacturing, and as a solvent in
                                     printing.
Triglyme..........................  None in consumer products.
Butyldiglyme......................  None in consumer products.
Tetraethylene glycol dibutyl ether  Use as an ingredient in consumer
                                     brake fluid.
Tetraglyme........................  Use in fabrics, textiles and
                                     apparel.
Ethylglyme........................  Use as a solvent in consumer paint
                                     production, use as an adhesive
                                     solvent, use as a polycarbonate
                                     swelling agent, use in consumer
                                     polishes and related products.
Tetraethylene glycol diethyl ether  Use as an ingredient in consumer
                                     brake fluid.
Pentaethylene glycol diethyl ether  Use as an ingredient in consumer
                                     brake fluid, use in the soldering
                                     of electronic circuit boards.
Polyglyme.........................  Use in adhesive removers, use in
                                     fragrance production, use in anti-
                                     fog compounds, use in brake fluid,
                                     use in automotive care products,
                                     and use in paper products.
Polyethylene glycol dibutyl ether.  Use in the production of gel laundry
                                     detergents.
Pentaethylene glycol dibutyl ether  None.
Butyltriglyme.....................  None.
------------------------------------------------------------------------

B. What are the estimated production levels of these chemicals?

    The 2006 IUR regulation required manufacturers and importers of
certain chemical substances included on the TSCA Chemical Substance
Inventory to report site and manufacturing information for chemicals
manufactured (including imported) in amounts of 25,000 pounds or
greater at a single site. For monoglyme and diglyme, EPA expects that
current production levels will continue. For triglyme and ethylglyme,
predicting future production is infeasible, although ethylglyme
production appears to be increasing. For ethyldiglyme, butyldiglyme,
and tetraglyme, EPA expects that production will remain at the previous
levels. Production of pentaethylene glycol diethyl ether appears to be
steadily increasing. For polyglyme, EPA expects that production will
continue to decrease and/or remain the same. For tetraethylene glycol
dibutyl ether, tetraethylene glycol diethyl ether, polyethylene glycol
dibutyl ether, pentaethylene glycol dibutyl ether, and butyltriglyme,
EPA expects that production of these chemical substances, if any, will
remain below reporting levels. Previous IUR reporting rules required
that chemicals produced at amounts of 10,000 pounds or greater be
reported. Table 3 summarizes 2006 and prior year IUR data for the 14
glymes. The projected trends are based on the IUR data from 1986-2006.
The projections may not be precise since the IUR data does not reflect
100% of chemicals and their production and requirements for reporting
have varied over time.

                         Table 4--Production Reporting Amounts to IUR 1986-2006 (Ref. 6)
----------------------------------------------------------------------------------------------------------------
           Common name             2006 IUR reporting                     Prior IUR reporting
----------------------------------------------------------------------------------------------------------------
Monoglyme.......................  >1 million (M)-<10M  1986: >10 thousand (K)-<500K lbs.
                                   lbs.                1990-2002: >1M-<10M lbs. each year.
Diglyme.........................  >1M-<10M lbs.......  1986-2002: >1M-<10M lbs. each year.
Ethyldiglyme....................  >10K-<500K lbs.....  1986-2002: >10K-<500K lbs. each year.
Triglyme........................  No report..........  1994-2002: >10K-<500K lbs. each year.
Butyldiglyme....................  >10K-<500K lbs.....  1990-2002: >10K-<500K lbs. each year.
Tetraethylene glycol dibutyl      No report..........  No reports 1986-2002.
 ether.
Tetraglyme......................  >10K-<500K lbs.....  1986-2002: >10K-<500K lbs. each year.
Ethylglyme......................  >10K-<500K lbs.....  1986-2002: No reports.
Tetraethylene glycol diethyl      No report..........  No reports 1986-2002.
 ether.
Pentaethylene glycol diethyl      >1M-<10M lbs.......  1986 & 1990: >10K-<500K lbs. each year.
 ether.                                                1994: No report.
                                                       1998: >500K-<1M lbs.
                                                       2002: >1M-<10M lbs.
Polyglyme.......................  10-500K............  1986: >1M-<10M lbs.
                                                       1994: No report.
                                                       1998, 2002: >10K-<500K lbs. each year.
Polyethylene glycol dibutyl       No report..........  No reports 1986-2002.
 ether.
Pentaethylene glycol dibutyl      No report..........  No reports 1986-2002.
 ether.
Butyltriglyme...................  No report..........  No reports 1986-2002.
----------------------------------------------------------------------------------------------------------------

C. What are the potential routes and sources of exposure for these
chemicals?

    The following are summaries of the potential routes and sources of
exposure for these chemicals considering ongoing current uses. More
detailed information can be found in the Exposure Characterization
documents for monoglyme and diglyme (Refs. 1, 2) and in the description
of ethylglyme in the Hazardous Substances Data Bank (Ref. 7).
    1. Potential exposures to the environment, consumers, and general
population. The exposures described in this unit reflect the actual
and/or potential indirect exposures to the environment, consumers, and
the general population resulting from ongoing industrial and commercial
uses of these glymes. Consumer uses, however, also potentially allow
for the direct exposure to skin from product handling and more
immediate inhalation exposures resulting from proximity to the product.
However, little to no data is available for those types of use
scenarios.
    Monoglyme, diglyme, ethyldiglyme, triglyme, butyldiglyme, and
ethylglyme are included in the category of chemicals reported as
``certain glycol ethers'' under the ID number N230 in the Toxics
Release Inventory (TRI) (Ref. 8). The total release reported to the TRI
in 2007 from all reporting sites was 18,476,420 pounds. This total
includes air releases of 16,416,033 pounds from on-site fugitive and
point sources, in addition to on-site water releases of 87,035 pounds.
Most of the remaining volume of release was deep-well injected, sent to
land treatment, transferred for energy recovery or transferred to a
Publicly Owned Treatment Works (POTW). Release information about the
individual glymes within the larger glycol ether category is not known
(Ref. 9). Manufacturers, importers, or processors are required to
report releases of chemicals on the TRI when total manufacturing,
imports or processing by a facility equals 25,000 pounds/year for the
chemicals combined.
    Ethylglyme was found in the US EPA Office of Water Storage and
Retrieval (STORET) database indicating potential environmental exposure
since this chemical substance was found in ground water and/or surface
water (Ref. 9).
    Monitoring data indicate that the general population may be exposed
to diglyme and ethyldiglyme via inhalation of vehicle exhaust and
ingestion of contaminated drinking water (Refs. 10 and 11). Diglyme was
listed as a contaminant found in drinking water (Ref. 10).
    Diglyme has been detected in diluted vehicle exhaust from a light-
duty truck using different fuel types (Ref. 10).
    Industrial manufacture and processing may result in the release of
glymes to the environment through various waste streams (Ref. 10).
Diglyme, ethyldiglyme, and ethylglyme have been found at measurable
concentrations in industrial wastewater treatment systems (Refs. 10,
11, and 7). Wastewater treatment systems discharge to either surface
waters or publicly owned treatment works. Either of these two discharge
options could result in exposures for the general population and the
environment to these chemicals.
    Ethyldiglyme has been qualitatively detected in drinking water from
Cincinnati, OH; in ground water from the Hipps Road Landfill in
Jacksonville, FL; in trench leachates from Maxey Flats, KY and West
Valley, NY low-level radioactive waste disposal sites and in advanced
waste treatment water from Lake Tahoe, CA, Pomona, CA, and Blue Plains,
Washington, DC (Ref. 11).
    Ethylglyme has been detected in western Cleveland, OH wastewater
influents at 140 [mu]g/L and it was identified in Chicago Central water
works water (treated and untreated) at 2 [mu]g/L (Ref. 7).
    Monitoring data for ethylglyme indicates that the general
population may be exposed to the chemical substance through releases
from manufacturing facilities. The general population can then be
exposed via inhalation of ambient air, ingestion of drinking water, and
dermal contact with these substances and other products containing
these chemicals. Evidence of releases from industrial manufacturing and
processing is demonstrated by concentrations of 400 milligrams per
liter (mg/L) of diglyme which have been found in activated sludge from
the waste treatment facility of the industry producing the chemical
substance (Ref. 7).
    For the remaining chemicals in Table 1 or Table 2, little or no
release information was found.
    EPA's Source Ranking Databank (Ref. 12) shows metal polish and
polishing cloths and papers as containing ethylglyme. Most of the
entries in this databank for consumer products are from the late 1990s
and therefore may not still be current. If ethylglyme is still

found in these products, however, there is potential that consumers and
children might be exposed to this chemical substance from these
consumer products. Furthermore, production of ethylglyme appears to be
increasing.
    Based on IUR data and communications with manufacturers, EPA
believes that monoglyme is used as a component of lithium batteries and
diglyme is used in printing inks, both of which are consumer
applications of monoglyme. It is believed that disposal of the lithium
batteries containing monoglyme and paper with printing inks containing
diglyme could present the potential for release of these chemicals to
environmental media and subsequent exposure to humans and ecological
receptors.
    2. Potential occupational exposure. Occupational exposure to these
chemicals may occur through inhalation and dermal contact at workplaces
where the chemicals are produced or used. Monoglyme, diglyme,
ethylglyme, ethyldiglyme, triglyme, and tetraethylene glycol diethyl
ether all have vapor pressures high enough to potentially result in
significant exposures to workers if they are near the chemical
substance (Refs. 1, 2, 9, and 13). Based on IUR data, ethyldiglyme,
butyldiglyme, tetraglyme, pentaethylene glycol diethyl ether, and
polyglyme are manufactured in liquid forms, and worker exposures
through dermal contact are possible (Ref. 13).
    These chemicals do not have Occupational Safety and Health
Administration (OSHA) Permissible Exposure Limits (PELs) (Refs. 1, 2,
and 9). Ferro Corporation, in their publications, recommended a
Threshold Limit Value (TLV) for glycol ethers of 5 parts per million
(ppm) (Time Weighted Average (TWA)) with a Short Term Exposure Limit
(STEL) of 25 ppm. The 15-minute STEL should not be achieved more than 4
times in 8 hours. For women of child-bearing potential, Ferro
recommended a TLV of 1 ppm with a STEL of 5 ppm (Ref. 14).
    Based on the 2006 IUR reports, the maximum total number of
potentially exposed industrial workers to monoglyme and ethylglyme
during manufacturing and industrial processing and use is less than 100
each, and the maximum total number of workers likely to be exposed to
diglyme was between 100 and 999 workers. There may, however, be
additional potentially exposed industrial workers who are not included
in these estimates since not all production volume may have been
accounted for in the IUR (production below 25,000 pounds at a site does
not have to be reported to the IUR), and commercial workers may be
exposed as well (Refs. 1, 2, and 15).

D. What are the potential health effects of these chemicals?

    The following are summaries of the potential health effects of
these chemicals considering ongoing current uses. More detailed
information can be found in the Hazard Characterization documents for
monoglyme and diglyme (Refs. 3, 4) and in the description of ethylglyme
in the Hazardous Substances Data Bank (Ref. 7).
    Toxicology studies in laboratory animals have shown that exposure
to monoglyme results in hemolytic effects (destruction of red blood
cells), and developmental and reproductive toxicity. The acute toxicity
of monoglyme is low via oral, dermal and inhalation routes of exposure.
Monoglyme's chronic adverse health effects generally fall into the
moderate to high hazard range based on the classification ranges used
in the Globally Harmonized System for Classification and Labeling of
Chemicals (GHS). The potential toxicity from repeated exposure to
monoglyme was assessed using a major metabolite, 2-methoxyethanol
(CASRN 109-86-4). Oral 90-day studies of 2-methoxyethanol in rats and
mice showed testicular degeneration and adverse effects on the process
of blood cell formation. The lowest observed adverse effect level
(LOAEL) in rats was 70 milligrams/kilograms (mg/kg)-day; the LOAEL in
mice was 300 mg/kg-day. An oral prenatal developmental toxicity study
of monoglyme in rats showed fetal mortality at doses as low as 60 mg/
kg-day, and edema at doses as low as 30 mg/kg-day. An oral prenatal
developmental toxicity study of monoglyme in mice showed reduced fetal
body weight and increased skeletal defects at 250 mg/kg-day. Available
data also suggest that monoglyme has the potential to be genotoxic
(Ref. 3).
    Toxicology studies in laboratory animals have shown that exposure
to diglyme results in hemolytic effects (destruction of red blood
cells), and developmental and reproductive toxicity. The acute toxicity
of diglyme to rats via the oral and inhalation routes of exposure is
low. The chronic adverse health effects of diglyme generally fall into
the moderate to high hazard range based on the classification ranges
used in the GHS. The toxicity profile following repeated exposures to
diglyme is similar to the profile for monoglyme. Rats showed testicular
degeneration and hemolytic effects following inhalation exposure to
diglyme for two weeks at concentrations as low as 0.6 mg/L-day; a NOAEL
was not established. An inhalation dominant-lethal study in rats showed
a reduced pregnancy rate at 5.5 mg/L-day (5.5 ppm in air). An oral
prenatal developmental toxicity study in mice showed effects on fetal
growth and viability, and an increase in malformations at 125 mg/kg-
day; the NOAEL was 62.5 mg/kg-day. In vitro gene mutation and in vivo
chromosomal aberration tests were negative (Ref. 4).
    Toxicology studies in laboratory animals have shown that exposure
to ethylglyme results in developmental toxicity. The acute toxicity of
ethylglyme is low in rats. Oral prenatal developmental toxicity studies
of ethylglyme in mice and rabbits showed a significant decrease in
fetal body weight and viability, and a significant increase in
malformations; the NOAEL for developmental toxicity was 50 mg/kg-day in
mice and 25 mg/kg-day in rabbits (Ref. 7), both falling into the high
chronic hazard range based on the GHS.
    Based on a review of the literature, there is insufficient
information available to arrive at any health effects related
conclusions for the remaining chemicals in Table 1 or Table 2.

V. Alternatives Considered for This SNUR

    Before proposing this SNUR, EPA considered promulgating a TSCA
section 8(a) reporting rule for these glymes. Under a TSCA section 8(a)
rule, EPA could, among other things, generally require persons to
report information to the Agency when they intend to manufacture,
import, or process a listed chemical substance for a specific use or
any use. However, for these glymes, the use of TSCA section 8(a) rather
than SNUR authority would have several limitations. First, if EPA was
to require reporting under TSCA section 8(a) instead of TSCA section
5(a), EPA would not have the opportunity to review human and
environmental hazards and exposures associated with the proposed
significant new use and, if necessary, take immediate follow-up
regulatory action under TSCA sections 5(e) or 5(f) to prohibit or limit
the activity before it begins. In addition, EPA may not receive
important information from small businesses, because such firms
generally are exempt from TSCA section 8(a) reporting requirements. In
view of the level of health and environmental concerns about monoglyme,
diglyme, and ethylglyme if used for the proposed significant new use,
and the lack of information to be able to judge exposure for the
remaining glymes, EPA believes that a TSCA section 8(a) rule for this

substance would not meet EPA's regulatory objectives.

VI. Applicability of Rule to Uses Occurring Before Effective Date of
the Final Rule

    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) of TSCA
is best served by designating a use as a significant new use as of the
date of publication of the proposed rule rather than as of the
effective date of the final rule. If uses begun after publication of
the proposed rule were considered ongoing rather than new, it would be
difficult for EPA to establish SNUR notice requirements, because a
person could defeat the SNUR by initiating the proposed significant new
use before the rule became final, and then argue that the use was
ongoing as of the effective date of the final rule. Thus, persons who
begin commercial manufacture, import, or processing of the chemical
substance(s) that would be regulated through this proposed rule, if
finalized, would have to cease any such activity before the effective
date of the rule if and when finalized. 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 section 721.45(h), that
person would be considered to have met the requirements of the final
SNUR for those activities.

VII. Applicability of General Provisions

    General provisions for SNURs appear under 40 CFR part 721, subpart
A. These provisions describe persons subject to the rule, recordkeeping
requirements, exemptions to reporting requirements, and applicability
of the rule to uses occurring before the effective date of the final
rule. Provisions relating to user fees appear at 40 CFR part 700.
According to 40 CFR 721.1(c), persons subject to SNURs must comply with
the same notice requirements and EPA regulatory procedures as
submitters of Premanufacture Notices (PMNs) under TSCA section
5(a)(1)(A). In particular, these requirements include the information
submissions requirements of TSCA section 5(b) and 5(d)(1), the
exemptions authorized by TSCA section 5(h)(1), (h)(2), (h)(3), and
(h)(5), and the regulations at 40 CFR part 720. Once EPA receives a
SNUN, EPA may take regulatory action under TSCA section 5(e), 5(f), 6
or 7 to control the activities on which it has received the SNUN. If
EPA does not take action, EPA is required under TSCA section 5(g) to
explain in the Federal Register its reasons for not taking action.
    Persons who export or intend to export a chemical substance
identified in a proposed or final SNUR are subject to the export
notification provisions of TSCA section 12(b). The regulations that
interpret TSCA section 12(b) appear at 40 CFR part 707, subpart D.
Persons who import a chemical substance identified in a final SNUR are
subject to the TSCA section 13 import certification requirements,
codified at 19 CFR 12.118 through 12.127; see also 19 CFR 127.28. Such
persons must certify that the shipment of the chemical substance
complies with all applicable rules and orders under TSCA, including any
SNUR requirements. The EPA policy in support of import certification
appears at 40 CFR part 707, subpart B.

VIII. Test Data and Other Information

    EPA recognizes that TSCA section 5 does not require developing any
particular test data before submission of a SNUN. There are two
exceptions: i. development of test data is required where the chemical
substance subject to the SNUR is also subject to a test rule under TSCA
section 4 (see TSCA section 5(b)(1)); and ii. development of test data
may be necessary where the chemical substance has been listed under
TSCA section 5(b)(4) (see TSCA section 5(b)(2)). In the absence of a
section 4 test rule or a section 5(b)(4) listing covering the chemical
substance, persons are required only to submit test data in their
possession or control and to describe any other data known to or
reasonably ascertainable by them (15 U.S.C. 2604(d); 40 CFR 721.25, and
40 CFR 720.50). However, as a general matter, EPA recommends that SNUN
submitters include data that would permit a reasoned evaluation of
risks posed by the chemical substance during its manufacture, import,
processing, use, distribution in commerce, or disposal. EPA encourages
persons to consult with the Agency before submitting a SNUN. As part of
this optional pre-notice consultation, EPA would discuss specific data
it believes may be useful in evaluating a significant new use. SNUNs
submitted for significant new uses without any test data may increase
the likelihood that EPA will take action under TSCA section 5(e) to
prohibit or limit activities associated with this chemical.
    SNUN submitters should be aware that EPA will be better able to
evaluate SNUNs that provide detailed information on:
    1. Human exposure and environmental releases that may result from
the significant new uses of the chemical substances.
    2. Potential benefits of the chemical substances.
    3. Information on risks posed by the chemical substances compared
to risks posed by potential substitutes.

IX. SNUN Submissions

    EPA recommends that submitters consult with the Agency prior to
submitting a SNUN to discuss what data may be useful in evaluating a
significant new use. Discussions with the Agency prior to submission
can afford ample time to conduct any tests that might be helpful in
evaluating risks posed by the substance. According to 40 CFR 721.1(c),
persons submitting a SNUN must comply with the same notice requirements
and EPA regulatory procedures as persons submitting a PMN, including
submission of test data on health and environmental effects as
described in 40 CFR 720.50. SNUNs must be submitted to EPA, on EPA Form
No. 7710-25 in accordance with the procedures set forth in 40 CFR
721.25 and 720.40.
    Readers are reminded that EPA published a final rule at 75 FR 773
on January 6, 2010, (FRL-8794-5) that established standards and
requirements for the use of the electronic-PMN (e-PMN) software and
EPA's Central Data Exchange (CDX) to electronically submit these
notices. The Agency is introducing electronic reporting via CDX using
the e-PMN in three phases over a two-year period. The effective date of
the rule was April 6, 2010. During the first year following the
effective date of the final rule, submissions will be permitted via
CDX, optical disc, or paper. After April 6, 2011, paper submissions
will no longer be accepted. After April 6, 2012, all submissions will
be required to be submitted electronically via CDX. Regardless of the
delivery method, after April 6, 2010, EPA requires that all submissions
be generated using the new e-PMN software. For additional information
and instructions go to: http://www.epa.gov/opptintr/newchems//epmn/epmn-index.htm. Until April 6, 2012, SNUNs may still be mailed to the
Environmental Protection Agency, OPPT Document Control Office (7407M),
1200 Pennsylvania Avenue, NW., Washington, DC 20460-0001.

X. Economic Analysis

A. SNUNs

    EPA has evaluated the potential costs of establishing SNUR
reporting requirements for potential manufacturers, importers, and
processors of the chemical substances included in this proposed rule.
While most businesses are subject to a $2,500 user fee required by 40
CFR 700.45(b)(2)(iii), small businesses with annual sales of less than
$40 million when combined with those of the parent company (if any) are
subject to a reduced user fee of $100 (40 CFR 700.45(b)(1)). The costs
of submission of SNUNs will not be incurred by any company unless a
company decides to pursue a significant new use as defined in this
proposed SNUR. Furthermore, EPA believes that the expense of submitting
a notice (approximately $6,000 plus the user fee) is unlikely to
discourage innovations of high potential value. EPA's complete economic
analysis is available in the public docket for this proposed rule (Ref.
16).

B. Export Notification

    Under section 12(b) of TSCA and the implementing regulations at 40
CFR part 707, subpart D, exporters must notify EPA if they export or
intend to export a chemical substance or mixture for which, among other
things, a rule has been proposed or promulgated under TSCA section 5.
For persons exporting a substance the subject of a SNUR, a one-time
notice must be provided for the first export or intended export to a
particular country. EPA estimates the one-time cost to be approximately
$937 per exporter including mailing costs. The total costs of export
notification will vary by chemical, depending on the number of required
notifications (i.e., the number of countries to which the chemical
substance is exported). Because EPA is unable to make an estimate of
the likely number of export notifications for the chemicals covered in
this proposed SNUR, a total export notification cost is not available.

XI. Request for Public Comment

    EPA welcomes comment on all aspects of this proposed rule. In
addition, EPA is particularly interested in receiving stakeholder input
on a number of issues that were identified for public comment earlier
in this proposed rule. Please provide comments on the following issues:
    1. Scope of the chemical substances to be subject to this SNUR.
While hazard data are only currently available for 3 of the 14 chemical
substances in the glymes chemical category identified in this proposed
rule (see Unit IV.D.), EPA is proposing to designate significant new
uses for all 14 chemical substances listed in Tables 1 and 2 in Unit
III.A. on the basis of the available information. As discussed in Unit
III.A. of this document, EPA believes that the chemicals are
sufficiently similar such that it is appropriate, for purposes of this
SNUR and consistent with TSCA section 26(c), to act on them together.
However, EPA would be interested in hearing whether any of the chemical
substances included in the category are sufficiently dissimilar from
the rest such that they should be removed from the category, or whether
any additional chemical substances are sufficiently similar such that
they should be added to the category.
    2. Ongoing uses. EPA solicits comment on whether any of the
additional unconfirmed uses listed in this proposed rule are actual
ongoing uses in a consumer product, and whether there are any other
ongoing uses in a consumer product of the chemicals listed in Table 1
in Unit III.A. For pentaethylene glycol dibutyl ether and
butyltriglyme, EPA is soliciting comment on whether there are any
ongoing uses at all (consumer or industrial). In providing comments on
ongoing uses, it would be most helpful if you provide sufficient
information for EPA to adequately substantiate the existence of a
claimed additional ongoing use.

XII. References

    The following is a list of the documents that are specifically
referenced in this proposed rule and placed in the public docket that
was established under Docket ID No. EPA-HQ-OPPT-2009-0767. The docket
includes information considered by EPA in developing this proposed
rule. In addition, interested parties should consult documents that are
referenced in the documents that EPA has placed in the public docket,
regardless of whether these referenced documents are physically located
in the public docket.

1. US EPA. Screening-Level Exposure Characterization of High
Production Volume Chemicals: 1,2-Dimethoxyethane (CAS No. 110-71-4),
[9th CI Name: Ethane, 1,2-dimethoxy-]. March 2008, page 21. http://www.epa.gov/chemrtk/hpvis/rbp/Monoglyme.110714.Web.SupportDocs.31408.pdf.
2. US EPA. Screening-Level Exposure Characterization of High
Production Volume Chemicals: Diglyme (CAS No. 111-96-6), [9th CI
Name: Bis(2-methoxyethyl) Ether]. March 2008, page 16. http://www.epa.gov/chemrtk/hpvis/rbp/Diglyme.111966.Web.SupportDocs.031808.pdf.
3. US EPA. Screening-Level Hazard Characterization of High
Production Volume Chemicals: 1,2-Dimethoxyethane (CAS No. 110-71-4),
[9th CI Name: Ethane, 1,2-dimethoxy-]. February 2008, page 6. http://www.epa.gov/chemrtk/hpvis/rbp/Monoglyme.110714.Web.SupportDocs.31408.pdf.
4. US EPA. Screening-Level Hazard Characterization of High
Production Volume Chemicals: Diglyme (CAS No. 111-96-6), [9th CI
Name: Bis(2-methoxyethyl) Ether]. February 2008, page 6. http://www.epa.gov/chemrtk/hpvis/rbp/Diglyme.111966.Web.SupportDocs.031808.pdf
5. US EPA. ``2-ethoxyethanol, 2-ethoxyethanol acetate, 2-
methoxyethanol, and 2-methoxyethanol acetate; Significant New Use
Rule.'' 70 FR 71401. November 29, 2005.
6. Wilson, Kimberly; Tome, Alice; and Narayan, Tulika, Abt
Associates, Inc. ``Memorandum to EPA, Nishkam Agarwal, `Actual and
Potential Uses of Fourteen Selected Glymes.' '' September 9, 2009.
7. Hazardous Substances Data Bank (HSDB). Entry for Ethylene glycol
diethyl ether, CASRN 629-14-1. Accessed on October 30, 2009. http://toxnet.nlm.nih.gov.
8. US EPA. TRI Web site. http://www.epa.gov/ttn/atw/glycol2000.pdf.
9. US EPA. Exposure Characterization for Ethylglyme. November 6,
2009.
10. Hazardous Substances Data Bank (HSDB). Hazardous Substances Data
Bank. Entry for diglyme. Accessed October 30, 2009. http://toxnet.nlm.nih.gov.
11. Hazardous Substances Data Bank (HSDB). Entry for CASRN 112-36-7.
Accessed on October 28, 2009. http://toxnet.nlm.nih.gov.
12. The Source Ranking Database is an EPA database that performs a
systematic screening-level review of over 12,000 potential indoor
pollution sources to identify high-priority product and material
categories for further evaluation. It can also identify the products
that have contained a specific chemical. May 1997. http://www.epa.gov/oppt/exposure/pubs/srd_apdx.pdf.
13. US EPA. Physical-Chemical Properties and Fate Characterization:
Glycol Ethers. Washington, DC: U.S. EPA/OPPT/EETD/EAB. August 2009.
14. Ferro Corporation. 1,2-Dimethoxyethane US EPA HPV Challenge
Program Submission. December 2001, pages 7-8 of 93.
15. US EPA. IUR database search results for number of workers
exposed to ethylglyme, http://cfpub.epa.gov/iursearch/2006_iur_natlcheminfo.cfm?id=3975. Accessed on October 21, 2009.
16. US EPA. Economic Analysis of the Proposed Significant New Use
Rule for 14 Glymes. Washington, DC: U.S. EPA/OPPT/EETD/EPAB. January
12, 2010.

XIII. Statutory and Executive Order Reviews

A. Regulatory Planning and Review

    Under Executive Order 12866, entitled Regulatory Planning and
Review (58 FR 51735, October 4, 1993), the Office of Management and
Budget (OMB) has designated this a ``significant regulatory action''
under section 3(f) of the Executive Order. Accordingly, this action was
submitted to OMB for review under Executive Order 12866 and any changes
made in response to OMB recommendations have been documented in the
docket for this rulemaking as required by section 6(a)(3)(E) of the
Executive Order.

B. Paperwork Reduction Act

    According to the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et
seq., an Agency may not conduct or sponsor, and a person is not
required to respond to a collection of information that requires OMB
approval under the PRA, unless it has been approved by OMB and displays
a currently valid OMB control number. The OMB control numbers for EPA's
regulations in Title 40 of the CFR, after appearing in the Federal
Register, are listed in 40 CFR, part 9, and included on the related
collection instrument, or form, if applicable. The information
collection requirements related to this action have already been
approved by OMB pursuant to the PRA under OMB control number 2070-0038
(EPA ICR No. 1188). This action does not impose any burden requiring
additional OMB approval. If an entity were to submit a SNUN to the
Agency, the annual burden is estimated to average 110 hours per
response. This burden estimate includes the time needed to review
instructions, search existing data sources, gather and maintain the
data needed, and complete, review, and submit the required SNUN. Send
any comments about the accuracy of the burden estimate, and any
suggested methods for minimizing respondent burden, including through
the use of automated collection techniques, to the Director, Collection
Strategies Division, Office of Environmental Information (2822T),
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001. Please remember to include the OMB control
number in any correspondence, but do not submit any completed forms to
this address.

C. Small Entity Impacts

    Pursuant to section 605(b) of the Regulatory Flexibility Act (RFA),
5 U.S.C. 601 et seq., the Agency hereby certifies that this action will
not have a significant adverse economic impact on a substantial number
of small entities. Under RFA, small entities include small businesses,
small organizations, and small governmental jurisdictions. For purposes
of assessing the impacts of this proposed rule on small entities, small
entity is defined in accordance with RFA section 601 as:
    1. A small business as defined by the Small Business
Administration's (SBA) regulations at 13 CFR 121.201.
    2. A small governmental jurisdiction that is a government of a
city, county, town, school district or special district with a
population of less than 50,000.
    3. A small organization that is any not-for-profit enterprise which
is independently owned and operated and is not dominant in its field.
    A SNUR applies to any person (including small or large entities)
who intends to engage in any activity described in the rule as a
``significant new use.'' By definition of the word ``new'' and based on
all information currently available to EPA, it appears that no small or
large entities presently engage in such activity. Since this proposed
SNUR would require a person who intends to engage in such activity in
the future to first notify EPA by submitting a SNUN, no economic impact
will occur unless someone files a SNUN to pursue a significant new use
in the future or forgoes profits by avoiding or delaying the
significant new use. Although some small entities may decide to conduct
such activities in the future, EPA cannot presently determine how many,
if any, there may be. However, EPA's experience to date is that, in
response to the promulgation of over 1,000 SNURs, the Agency receives
on average only 5 notices per year. Of those SNUNs submitted, only one
appears to be from a small entity in response to any SNUR. Therefore,
EPA believes that the potential economic impact of complying with this
SNUR is not expected to be significant or adversely impact a
substantial number of small entities. In a SNUR that published as a
final rule on August 8, 1997 (62 FR 42690) (FRL-5735-4), the Agency
presented its general determination that proposed and final SNURs are
not expected to have a significant economic impact on a substantial
number of small entities, which was provided to the Chief Counsel for
Advocacy of the Small Business Administration.

D. Unfunded Mandates Reform Act

    Based on EPA's experience with proposing and finalizing SNURs,
State, local, and Tribal governments have not been impacted by these
rulemakings, and EPA does not have any reason to believe that any
State, local, or Tribal government would be impacted by this
rulemaking. As such, EPA has determined that this regulatory action
would not impose any enforceable duty, contain any unfunded mandate, or
otherwise have any effect on small governments subject to the
requirements of sections 202, 203, 204, or 205 of the Unfunded Mandates
Reform Act of 1995 (UMRA), 2 U.S.C. 1531-1538.

E. Federalism

    This action would not have a substantial direct effect on States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government, as specified in Executive Order 13132, entitled
Federalism (64 FR 43255, August 10, 1999).

F. Tribal Implications

    This proposed rule would not have Tribal implications because it is
not expected to have substantial direct effects on Indian Tribes. This
proposed rule would not significantly or uniquely affect the
communities of Indian Tribal governments, nor would it involve or
impose any requirements that affect Indian Tribes. Accordingly, the
requirements of Executive Order 13175, entitled Consultation and
Coordination with Indian Tribal Governments (65 FR 67249, November 9,
2000), do not apply to this proposed rule.

G. Children's Health Protections

    This action is not subject to Executive Order 13045, entitled
Protection of Children from Environmental Health Risks and Safety Risks
(62 FR 19885, April 23, 1997), because this is not an economically
significant regulatory action as defined by Executive Order 12866, and
this action does not address environmental health or safety risks
disproportionately affecting children.

H. Affect on Energy Supply, Distribution, or Use

    This proposed rule is not subject to Executive Order 13211,
entitled Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use (66 FR 28355, May 22, 2001),
because this action is not expected to affect energy supply,
distribution, or use.

I. Technical Standards

    Because this action does not involve any technical standards,
section 12(d) of the National Technology Transfer and Advancement Act
of 1995 (NTTAA) (15

U.S.C. 272 note), does not apply to this action.

J. Environmental Justice

    This action does not entail special considerations of environmental
justice related issues as delineated by Executive Order 12898, entitled
Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations (59 FR 7629, February 16, 1994).

List of Subjects in 40 CFR Part 721

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

    Dated: June 30, 2011.
Wendy C. Hamnett,
Director, Office of Pollution Prevention and Toxics.

    Therefore, it is proposed that 40 CFR chapter I be 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. Add Sec.  721.10229 to subpart E to read as follows:

Sec.  721.10229  Glymes.

    Chemical substances and significant new uses subject to reporting.
The chemical substances identified in Table 1 are subject to reporting
under this section for the significant new uses described in Table 1,
Column 3 ``Significant New Use.''

 Table 1--Chemicals Subject to Reporting and Designated Significant New
                                  Uses
------------------------------------------------------------------------
  CAS Registry No.  (CASRN)       CA index name      Significant new use
------------------------------------------------------------------------
110-71-4....................  Ethane, 1,2-          Any use in a
                               dimethoxy-.           consumer product
                                                     except in
                                                     electrolyte
                                                     solutions for
                                                     sealed lithium
                                                     batteries.
111-96-6....................  Ethane, 1,1'-         Any use in a
                               oxybis[2-methoxy-.    consumer product
                                                     except as a solvent
                                                     in printing inks
                                                     for consumer
                                                     products.
112-36-7....................  Ethane, 1,1'-         Any use in a
                               oxybis[2-ethoxy-.     consumer product.
112-49-2....................  2,5,8,11-             Any use in a
                               Tetraoxadodecane.     consumer product
                                                     except:
                                                       --As a solvent in
                                                        consumer
                                                        adhesives.
                                                       --As a component
                                                        of consumer
                                                        brake fluids.
                                                       --As a component
                                                        of consumer
                                                        paint/graffiti
                                                        removers.
                                                       --In consumer
                                                        paints.
112-73-2....................  Butane, 1,1'-         Any use in a
                               [oxybis(2,1-          consumer product.
                               ethanediyloxy)]bis-.
112-98-1....................  5,8,11,14,17-         Any use in a
                               Pentaoxaheneicosane.  consumer product.
143-24-8....................  2,5,8,11,14-          Any use in a
                               Pentaoxapentadecane.  consumer product
                                                     except:
                                                       --As an HFC/CFC
                                                        lubricant.
                                                       --As a
                                                        solubilizing
                                                        agent for
                                                        consumer
                                                        printing inks.
                                                       --As a coalescing
                                                        agent in
                                                        consumer paints.
629-14-1....................  Ethane, 1,2-diethoxy- Any use in a
                               .                     consumer product.
4353-28-0...................  3,6,9,12,15-          Any use in a
                               Pentaoxaheptadecane.  consumer product.
23601-39-0..................  3,6,9,12,15,18-       Any use in a
                               Hexaoxaeicosane.      consumer product.
24991-55-7..................  Poly(oxy-1,2-         Any use in a
                               ethanediyl),          consumer product
                               .alpha.-methyl-       except in consumer
                               .omega.-methoxy-.     paint strippers.
31885-97-9..................  Poly(oxy-1,2-         Any use in a
                               ethanediyl),          consumer product.
                               .alpha.-butyl-
                               .omega.-butoxy-.
51105-00-1..................  5,8,11,14,17,20-      Any use.
                               Hexaoxatetracosane.
63512-36-7..................  5,8,11,14-            Any use.
                               Tetraoxaoctadecane.
------------------------------------------------------------------------

[FR Doc. 2011-17084 Filed 7-11-11; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 76, Number 134 (Wednesday, July 13, 2011)]
[Notices]
[Page 41241]
[FR Doc No: 2011-17593]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. OR11-12-000]

Saddle Butte Pipeline, LLC; Notice for Temporary Waiver of Filing
and Reporting Requirements

    Take notice that on May 31, 2011, pursuant to Rule 202 of the
Commission's Rules of Practice and Procedure, 18 CFR 385.202 (2011),
Saddle Butte Pipeline, LLC, requests that the Commission grant a
temporary waiver of the tariff filing and reporting requirements
applicable to interstate oil pipelines under sections 6 and 20 of the
Interstate Commerce Act (ICA) and parts 341 and 357 of the Commission's
regulations.
    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern Time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. Protests will be considered by the Commission in
determining the appropriate action to be taken, but will not serve to
make protestants parties to the proceeding. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please e-mail<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on Wednesday, July 13, 2011.

    Dated: July 7, 2011.
Kimberly D. Bose,
Secretary.
[FR Doc. 2011-17593 Filed 7-12-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: January 15, 2008 (Volume 73, Number 10)]
[Notices]
[Page 2486-2487]
[DOCID:fr15ja08-58]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP08-46-000]

Tarpon Whitetail Gas Storage, LLC; Notice of Application

January 8, 2008.
    Take notice that on December 21, 2007, Tarpon Whitetail Gas
Storage, LLC (Whitetail), 3010 Briarpark Drive, Suite 550, Houston,
Texas 77042, pursuant to section 7(c) of the Natural Gas Act (NGA) and
Parts 157 and 284 of the Commission's regulations, filed an abbreviated
application for certificates of public convenience and necessity,
seeking authority to own, operate, construct, install, and maintain a
high deliverability natural gas storage facility in Monroe County,
Mississippi; to provide open-access firm and interruptible storage and
hub services in interstate commerce at market-based rates under 18 CFR
part 284, subpart G; and to undertake the limited construction and
operation activities permitted under 18 CFR part 157, subpart F. This
filing is available for review at the Commission in the Public
Reference Room or may be viewed on the Commission's Web site at http://www.ferc.gov
 using the ``e-Library'' link. Enter the docket number

excluding the last three digits in the docket number field to access
the document. For assistance, contact FERC at FERCOnlineSupport or call
toll-free,<PHONE_NUMBER>, or for TTY,<PHONE_NUMBER>.
    Specifically, Whitetail states that the project will consist of up
to twenty injection/withdrawal wells and a total working gas capacity
of up to 8.6 billion cubic feet. Whitetail proposes to offer open
access firm and interruptible storage and hub services and requests
authority to charge market-based rates for its proposed services. The
proposed terms and conditions for Whitetail's services are included in
the pro forma tariff included in the application.
    Any questions regarding this application should be directed to
James F. Bowe, Jr., Dewey & LeBoeuf LLP, 975 F Street, NW., Washington,
DC 20004-1405 at phone number<PHONE_NUMBER>, Fax number<PHONE_NUMBER>
or e-mail<EMAIL_ADDRESS>    Pursuant to section 157.9 of the Commission's rules, 18 CFR 157.9,
within 90 days of this Notice the Commission staff will either:
complete its environmental assessment (EA) and place it into the
Commission's public record (eLibrary) for this proceeding; or issue a
Notice of Schedule for Environmental Review. If a Notice of Schedule
for Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the final environmental impact statement (FEIS) or EA for this
proposal. The filing of the EA in the Commission's public record for
this proceeding or the issuance of a Notice of Schedule for
Environmental Review will serve to notify federal and state agencies of
the timing for the completion of all necessary reviews, and the
subsequent need to complete all federal authorizations within 90 days
of the date of issuance of the Commission staff's FEIS or EA.
    There are two ways to become involved in the Commission's review of
this project. First, any person wishing to obtain legal status by
becoming a party to the proceedings for this project should, on or
before the comment date stated below, file with the Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426, a
motion to intervene in accordance with the requirements of the
Commission's Rules of Practice and Procedure (18 CFR 385.214 or
385.211) and the Regulations under the NGA (18 CFR 157.10). A person
obtaining party status will be placed on the service list maintained by
the Secretary of the Commission and will receive copies of all
documents filed by the applicant and by all other parties. A party must
submit 14 copies of filings made with the Commission and must mail a
copy to the applicant and to every other party in the proceeding. Only
parties to the

proceeding can ask for court review of Commission orders in the
proceeding.
    However, a person does not have to intervene in order to have
comments considered. The second way to participate is by filing with
the Secretary of the Commission, as soon as possible, an original and
two copies of comments in support of or in opposition to this project.
The Commission will consider these comments in determining the
appropriate action to be taken, but the filing of a comment alone will
not serve to make the filer a party to the proceeding. The Commission's
rules require that persons filing comments in opposition to the project
provide copies of their protests only to the party or parties directly
involved in the protest.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commenters will be
placed on the Commission's environmental mailing list, will receive
copies of the environmental documents, and will be notified of meetings
associated with the Commission's environmental review process.
Environmental commenters will not be required to serve copies of filed
documents on all other parties. However, the non-party commenters will
not receive copies of all documents filed by other parties or issued by
the Commission (except for the mailing of environmental documents
issued by the Commission) and will not have the right to seek court
review of the Commission's final order.
    The Commission strongly encourages electronic filings of comments
protests and interventions via the Internet in lieu of paper. See 18
CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web
(http://www.ferc.gov) site under the ``e-Filing'' link.

    Comment Date: January 29, 2008.

Kimberly D. Bose,
Secretary.
[FR Doc. E8-506 Filed 1-14-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: May 30, 2006 (Volume 71, Number 103)]
[Notices]
[Page 30675-30676]
[DOCID:fr30my06-63]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2003-0039; FRL-8175-2]

Agency Information Collection Activities; Submission to OMB for
Review and Approval; Comment Request; Reporting and Recordkeeping
Requirements of the HCFC Allowance System, EPA ICR Number 2014.03, OMB
Control Number 2060-0498

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44
U.S.C. 3501 et seq.), this document announces that an Information
Collection Request (ICR) has been forwarded to the Office of Management
and Budget (OMB) for review and approval. This is a request to renew an
existing approved collection. The ICR, which is abstracted below,
describes the nature of the information collection and its estimated
burden and cost.

DATES: Additional comments may be submitted on or before June 29, 2006.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OAR-
2003-0039, to (1) EPA online using http://www.regulations.gov (our preferred method), by e-mail to<EMAIL_ADDRESS>or by mail to: EPA

Docket Center (EPA/DC), Environmental Protection Agency, Docket ID No.
EPA-HQ-OAR-2003-0039, Air and Radiation Docket and Information Center,
U.S. Environmental Protection Agency, Mail Code: 6102T, 1200
Pennsylvania Avenue, NW., Washington, DC 20460, 1200, and (2) OMB by
mail to: Office of Information and Regulatory Affairs, Office of
Management and Budget (OMB), Attention: Desk Officer for EPA, 725 17th
Street, NW., Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Cindy Axinn Newberg, 6205J,
Environmental Protection Agency, 1200 Pennsylvania Avenue, NW.,
Washington, DC 20460; telephone number:<PHONE_NUMBER>; fax number: 202-
343-2337; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB
for review and approval according to the procedures prescribed in 5 CFR
1320.12. On December 20, 2005, (70 FR 75458), EPA sought comments on
this ICR pursuant to 5 CFR 1320.8(d). EPA received one comment during
the comment period. However, the comment does not pertain to this ICR
or its information collections and therefore no action has been taken
on the comment in relation to the renewal of this ICR. Any additional
comments on this ICR should be submitted to EPA and OMB within 30 days
of this notice.
    EPA has established a public docket for this ICR under Docket ID
No. EPA-HQ-OAR-2003-0039, which is available for online viewing at
http://www.regulations.gov, or in-person viewing at the Air and

Radiation Docket in the EPA Docket Center (EPA/DC), EPA West, Room
B102, 1301 Constitution Avenue, NW., Washington, DC. The EPA/DC Public
Reading Room is open from 8 a.m. to 4:30 p.m., Monday through Friday,
excluding legal holidays. The telephone number for the Reading Room is
202-566-1744, and the telephone number for the Air and Radiation Docket
is<PHONE_NUMBER>.
    Use EPA's electronic docket and comment system at
http://www.regulations.gov, to submit or view public comments, access the

index listing of the contents of the docket, and to access those
documents in the docket that are available electronically. Once in the
system, select ``docket search,'' then key in the docket ID number
identified above. Please note that EPA's policy is that public
comments, whether submitted electronically or in paper, will be made
available for public viewing at http://www.regulations.gov as EPA

receives them and without change, unless the comment contains
copyrighted material, CBI, or other information whose public disclosure
is restricted by statute. For further information about the electronic
docket, go to http://www.regulations.gov.

    Title: Reporting and Recordkeeping Requirements of the HCFC
Allowance System.
    ICR Numbers: 2014.03, OMB Control Number 2060-0498.
    ICR Status: This ICR is scheduled to expire on June 30, 2006. Under
OMB regulations, the Agency may continue to conduct or sponsor the
collection of information while this submission is pending at OMB. An
Agency may not conduct or sponsor, and a person is not required to
respond to, a collection of information, unless it displays a currently
valid OMB control number. The OMB control numbers for EPA's regulations
in Title 40 of the CFR, after appearing in the Federal Register when
approved, are listed in 40 CFR part 9, and are displayed either by
publication in the Federal Register or by other appropriate means, such
as on the related collection instrument or form, if applicable. The
display of OMB control numbers in certain EPA regulations is
consolidated in 40 CFR part 9.
    Abstract: In order to continue to meet its obligations under the
Montreal Protocol on Substances that Deplete the Ozone Layer (Protocol)
and the Clean Air Act Amendments of 1990 (CAAA), EPA maintains an
allowance system for class II controlled substances or
hydrochlorofluorocarbons (HCFCs). Under the Protocol, the U.S. is
obligated to limit HCFC consumption (defined by the Protocol as
production plus imports, minus exports) under a specific cap. The U.S.
is also a signatory to amendments that froze HCFC production on January
1, 2004. EPA controls U.S. production and consumption of HCFCs by
granting baseline allowances based on the historical activity levels of
producers and importers coupled with a chemical-by-chemical phaseout.
Since each allowance equals 1 kilogram of HCFC, EPA can monitor the
quantity of HCFCs being produced, imported, exported, transformed, or
destroyed. There are two types of allowances: consumption allowances
and production allowances. Transfers of production and consumption
allowances among producers and importers are allowed. Producers,
importers, and exporters are required to submit to EPA quarterly
reports of the quantity of HCFCs in each of their transactions; they
are also required to report the quantity of HCFCs transformed or
destroyed. EPA requires all producers, importers, and exporters
maintain records such as Customs entry forms, bills of lading, sales
records, and canceled checks to support their quarterly reports. The
quarterly reports may be faxed or mailed to EPA and soon may be
submitted electronically.

Reports are handled as confidential business information. EPA stores
the submitted information in a computerized database designed to track
allowance balances and transfer activities. When electronic reporting
is available, EPA will change its guidance document. EPA uses collected
information to ensure that the U.S. maintains compliance with the
Protocol caps, to report annually to United Nations Environment
Programme the U.S. activity in HCFCs, and to ensure that allowance
holders are in compliance. The respondents are producers, importers,
and exporters of HCFCs; and entities granted HCFC-141b exemption
allowances.
    Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information currently estimated to
average less than one hour per response. Burden means the total time,
effort, or financial resources expended by persons to generate,
maintain, retain, or disclose or provide information to or for a
Federal agency. This includes the time needed to review instructions;
develop, acquire, install, and utilize technology and systems for the
purposes of collecting, validating, and verifying information,
processing and maintaining information, and disclosing and providing
information; adjust the existing ways to comply with any previously
applicable instructions and requirements which have subsequently
changed; train personnel to be able to respond to a collection of
information; search data sources; complete and review the collection of
information; and transmit or otherwise disclose the information.
    The ICR provides a detailed explanation of the Agency's estimate,
which is only briefly summarized here:
    Estimated total number of potential respondents: 70;
    Frequency of response: quarterly, annually, semi-annually, or one-
time only;
    Estimated total average number of responses for each respondent:
342;
    Estimated total annual burden hours: 1632 hours for respondents;
    Estimated total annual cost: $138,963, which includes $138,123
labor costs, $0 capital/startup costs, and $840 annual O&M costs.
    Changes in the Estimates: There is a decrease of 1660 hours in the
total estimated burden and a decrease of $333,234 currently identified
in the OMB Inventory of Approved ICR Burdens. This decrease is due to
adjustments that EPA made in its assumptions, the lack of additional
capital costs necessary to meet the requirements, and certain
inconsistencies found in the previous analysis. The previously approved
ICR estimated 8 hours for a respondent to prepare and submit a report.
This ICR estimates a respondent will need 4.5 hours. The 4.5-hour
estimate is based on recent feedback from respondents under the program
and is therefore more reliable and up-to-date than the eight-hour
estimate. Additionally, in comparison with three years ago, respondents
are more familiar with the reporting requirements and have improved
their processes for collecting and documenting the information
requested. Any capital costs required to comply with the requirements
were met under the previous ICR. Lastly, while developing supporting
materials for this ICR, EPA uncovered and corrected inconsistencies
associated with the previous ICR. Consequently, the burden for the
respondents has been greatly reduced for reporting the information.
    The option of electronic reporting imposes a minimal change to
burden estimates because of the start-up hours associated with
electronic reporting that EPA estimates will be required during the
three years of this ICR. While electronic reporting is eventually
expected to reduce the reporting burden for respondents, as well as the
O&M costs, the reduction will not be seen until after this ICR period.

    Dated: May 17, 2006.
Oscar Morales,
Director, Collection Strategies Division.
 [FR Doc. E6-8302 Filed 5-26-06; 8:45 am]

BILLING CODE 6560-50-P