[Federal Register Volume 79, Number 169 (Tuesday, September 2, 2014)]
[Rules and Regulations]
[Pages 51899-51913]
[FR Doc No: 2014-20783]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 9 and 721

[EPA-HQ-OPPT-2012-0727; FRL-9914-19]
RIN 2070-AB27

Significant New Use Rules on Certain Chemical Substances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is finalizing significant new use rules (SNURs) under
section 5(a)(2) of the Toxic Substances Control Act (TSCA) for 36
chemical substances which were the subject of premanufacture notices
(PMNs). Seventeen of these chemical substances are subject to TSCA
section 5(e) consent orders issued by EPA. This action requires persons
who intend to manufacture or process any of these 36 chemical
substances for an activity that is designated as a significant new use
by this final rule to notify EPA at least 90 days before commencing
that activity. The required notification provides EPA with the
opportunity to evaluate the intended use and, if necessary, to prohibit
or limit that activity before it occurs.

DATES: This final rule is effective November 3, 2014.

ADDRESSES: The docket for this action, identified by docket
identification (ID)

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

FOR FURTHER INFORMATION CONTACT: For technical information contact: Jim
Alwood, Chemical Control Division (7405M), Office of Pollution
Prevention and Toxics, Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number:
(202) 564-8974; email address<EMAIL_ADDRESS>    For general information contact: The TSCA-Hotline, ABVI-Goodwill,
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202)
554-1404; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Does this action apply to me?

    You may be potentially affected by this action if you manufacture,
process, or use any of the 36 chemical substances contained in this
final rule. Potentially affected entities may include, but are not
limited to:
     Manufacturers or processors of the subject chemical
substances (NAICS codes 325 and 324110), e.g., chemical manufacturing
and petroleum refineries.
    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 North American Industrial Classification System (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. Chemical
importers are subject to the TSCA section 13 (15 U.S.C. 2612) import
certification requirements promulgated at 19 CFR 12.118 through 12.127;
see also 19 CFR 127.28. Chemical importers must certify that the
shipment of the chemical substance complies with all applicable rules
and orders under TSCA. Importers of chemical substances subject to a
final SNUR must certify their compliance with the 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 final rule are
subject to the export notification provisions of TSCA section 12(b) (15
U.S.C. 2611(b)) (see 40 CFR[emsp14]721.20), and must comply with the
export notification requirements in 40 CFR part 707, subpart D.

II. Background

A. What action is the agency taking?

    EPA is finalizing SNURs under TSCA section 5(a)(2) for 36 chemical
substances which were the subject of PMNs. Seventeen of these chemical
substances are subject to TSCA section 5(e) consent orders issued by
EPA. The final SNURs for these chemical substances are based on and
consistent with the provisions in the underlying consent orders. The
final SNURs designate as a significant new use manufacture (including
import) or processing in the absence of the protective measures
required in the corresponding consent order. The final SNURs for the 19
remaining chemical substances are not based on a consent order under
TSCA section 5(e). In these 19 cases, EPA has determined in accordance
with 40 CFR 721.170(c)(2) that these significant new use activities:
    1. Are different from those described in the PMN for the chemical
substance, including any amendments, deletions, and additions of
activities to the PMN.
    2. May be accompanied by changes in exposure or release levels that
are significant in relation to the health or environmental concerns
identified for the PMN substance.

This action requires persons who intend to manufacture or process these
chemical substances for an activity that is designated as a significant
new use by this final rule to notify EPA at least 90 days before
commencing that activity.

    Previously, in the Federal Register of February 25, 2013 (78 FR
12684) (FRL-9376-7), EPA proposed SNURs for 37 chemical substances.
More information on the specific chemical substances subject to this
final rule can be found in the Federal Register document proposing the
SNURs. The SNURs for these 36 chemical substances was established in
the docket under docket ID number EPA-HQ-OPPT-2012-0727. That docket
includes information considered by the Agency in developing the
proposed and final rules, including comments on the proposed SNURs.
    EPA received several comments on the proposed rule for certain
chemical substances. A full discussion of EPA's response to these
comments is included in Unit V. Based on these comments, EPA is issuing
a modified final rule for 36 chemical substances as described in Unit
V. EPA is not finalizing one of the proposed SNURs as described in the
response to comments. EPA will take action on that proposed SNUR at a
later date. For any proposed SNUR for which EPA did not receive
comment, EPA is issuing the final rule as proposed.

B. 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.'' EPA must make this determination by rule after considering all
relevant factors, including those listed in TSCA section 5(a)(2). 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
or process the chemical substance for that use. Persons who must report
are described in 40 CFR 721.5.

C. Applicability of General Provisions

    General provisions for SNURs appear in 40 CFR part 721, subpart A.
These provisions describe persons subject to the final 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 these SNURs
must comply with the same notice requirements and EPA regulatory
procedures as submitters of PMNs under TSCA section 5(a)(1)(A). In
particular, these requirements include the information submission
requirements of TSCA sections 5(b) and 5(d)(1), the exemptions
authorized by TSCA sections 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 for 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.

III. Rationale and Objectives of the Final Rule

A. Rationale

    During review of the PMNs submitted for these chemical substances,
EPA concluded that for 17 of the 36 chemical substances, regulation was
warranted under TSCA section 5(e)(1)(A)(ii)(I), pending the development
of information sufficient to make reasoned evaluations of the human
health effects of the chemical substances. Based on these findings, a
TSCA section 5(e) consent order requiring the use of appropriate
exposure controls was negotiated with the PMN submitter. The SNUR
provisions for these chemical substances are consistent with the
provisions of the TSCA section 5(e) consent order. These final SNURs
are issued pursuant to 40 CFR 721.160. See the docket under docket ID
number EPA-HQ-OPPT-2010-1075 for the corresponding consent orders. In
the other 19 cases, where the uses were not regulated under a TSCA
section 5(e) consent order, EPA determined that one or more of the
criteria of concern established at 40 CFR 721.170 were met. For
additional discussion of the rationale for the SNURs on these chemical
substances, see Units II. and V. of the proposed rule.

B. Objectives

    EPA is issuing these final SNURs for specific chemical substances
that have undergone premanufacture review because the Agency wants to
achieve the following objectives with regard to the significant new
uses designated in this final rule:
     EPA will receive notice of any person's intent to
manufacture or process a listed chemical substance for the described
significant new use before that activity begins.
     EPA will have an opportunity to review and evaluate data
submitted in a SNUN before the notice submitter begins manufacturing or
processing a listed chemical substance for the described significant
new use.
     EPA will be able to regulate prospective manufacturers or
processors of a listed chemical substance before the described
significant new use of that chemical substance occurs, provided that
regulation is warranted pursuant to TSCA section 5(e), 5(f), 6, or 7.
     EPA will ensure that all manufacturers and processors of
the same chemical substance that is subject to a TSCA section 5(e)
consent order are subject to similar requirements.
    Issuance of a SNUR for a chemical substance does not signify that
the chemical substance is listed on the TSCA Inventory. Guidance on how
to determine if a chemical substance is on the TSCA Inventory is
available on the Internet at http://www.epa.gov/opptintr/existingchemicals/pubs/tscainventory/index.html.

IV. Significant New Use Determination

    Section 5(a)(2) of TSCA states that EPA's determination that a use
of a chemical substance is a significant new use must be made after
consideration of all relevant factors, including:
     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 these factors enumerated in TSCA section 5(a)(2),
the statute authorized EPA to consider any other relevant factors.
    To determine what would constitute a significant new use for the
chemical substances that are the subject of these SNURs, EPA considered
relevant information about the toxicity of the chemical substances,
likely human exposures and environmental releases associated with
possible uses, taking into consideration the four bulleted TSCA section
5(a)(2) factors listed in this unit.

V. Response to Comments on Proposed SNURs

    1. Comment: One commenter stated that given the number of chemical
substances used in the automotive industry, the number of suppliers,
and the complications involved with foreign suppliers it was not
reasonable to have suppliers identify each chemical substance in their
products, including chemical substances in articles, so that automakers
would know if they were using chemicals that were subject to SNURs. The
commenter also noted the further complication that with so many SNURs
applicable to chemical substances with generic chemical identities,
identifying the chemical substances subject to a SNUR was even more
difficult. The commenter requested that EPA address this concern and
provide guidance on what EPA's expectations are in terms of due
diligence and future regulatory actions that depend on chemical
identification through the supply chain.
    Response: EPA expects that if a company manufactures or processes
chemical substances it will confirm whether those chemical substances
are on the TSCA Inventory and if those chemical substances are subject
to TSCA regulations, including SNURs. A company may do this by
identifying each chemical and confirming its TSCA status. In cases
where a company purchases chemical substances, including formulations
with multiple chemical substances that may be only generically
identified, an importer or processor may rely on their supplier to
confirm the identity of a chemical substance or if a chemical substance
is subject to a SNUR. According to 40 CFR 721.5(a)(2), manufacturers
(including importers) and processors must notify customers if they
distribute a chemical substance that is subject to a SNUR unless they
can demonstrate that their customer either already knows about the SNUR
or cannot undertake any significant new use designated in the SNUR. EPA
recognizes that when a company imports a chemical substance into the
United States, its foreign manufacturer or processor is not subject to
the requirements of 40 CFR 721.5(a)(2) to notify the importer about
whether the chemical substance is subject to a SNUR. Nonetheless,
importers are subject to the requirements of TSCA section 5(a)(1) with
respect to substances not on the TSCA Inventory or subject to an
exemption, and must comply with any applicable SNURs. EPA expects that
the importer would confirm the identity of chemical substances it is
importing, if those chemical substances are on the TSCA Inventory, and
whether they are subject to TSCA regulation including SNURs. In the
case of chemical substances that are contained in an article, if the
exemption of 40 CFR 721.45(f) is revoked then the person distributing
that chemical substance in the article must, in accordance with 40 CFR
721.5(a)(2), notify customers that a chemical substance in the article
is subject to a SNUR.
    2. Comment: Two commenters suggested that SNURs should incorporate
the requirements of 29 CFR 1910.134 the OSHA Respiratory Protection
Standard. One of the commenters also stated that SNURs should be more
explicit about following the requirements of OSHA regulations

including 29 CFR 1910.1200(h) the OSHA Hazard Communication Standard
and 29 CFR 1910.120 the Hazardous Waste Operation and Emergency
Response Standard.
    Response: SNURs identify significant new uses for chemical
substances under TSCA section 5(a)(2). The requirements of 40 CFR
721.63 (a)(4) already state that use of respirators must be according
to OSHA's 29 CFR 1910.134, which includes language that engineering
controls should be used as far as feasible to prevent exposures. For
new chemical SNURs that identify new uses relating to establishing a
written hazard communication standard according to 40 CFR 721.72, which
includes one SNUR in this final rule, persons subject to the final rule
may use the OSHA Hazard Communication Standard at 29 CFR 1910.1200 or
another standard to comply with those significant new use requirements.
EPA has identified significant new uses in this manner because it
believes that its TSCA regulations do not supersede any applicable OSHA
requirements. None of the SNURs in this final rule identify new uses
relating to hazardous waste operation and emergency response.
    3. Comment: The same two commenters also suggested that EPA should
adopt the National Institute of Occupational Safety and Health (NIOSH)
Recommended Exposure Limit (REL) of 1 ug/m\3\ for carbon nanotubes
(CNTs) as a New Chemical Exposure Limit (NCEL) for SNURs for carbon
nanotubes.
    Response: When establishing a NCEL or other alternative exposure
control, EPA will consider all available data including U.S. government
policies and practices used to set occupational exposure limits.
Because of the uncertainty surrounding the NIOSH REL of 1 [mu]g/m\3\
(as NIOSH noted in its final CNT bulletin, the REL is based on the
current analytical limit of quantification and may not be preventative
of all known health effects; see: http://www.cdc.gov/niosh/docs/2013-145/pdfs/2013-145.pdf), EPA will not adopt the NIOSH REL as a NCEL at
this time because EPA cannot determine that potential exposures at the
REL may not present an unreasonable risk. EPA will consider the final
NIOSH REL or other alternative exposure controls for CNTs if a
submission requesting such is made under 40 CFR 721.30. This would
allow the submitter to send to EPA data in support of a proposed
exposure level and to demonstrate a technique to comply with that
level. EPA would then evaluate the proposal and data as described in 40
CFR 721.30. See: http://www.epa.gov/oppt/newchems/pubs/consent-pdf/riskhhncel.pdf and http://www.epa.gov/oppt/newchems/pubs/ncelresp.pdf,
which, respectively, are EPA's boilerplate TSCA section 5(e) consent
order containing a NCEL and EPA's Response to Comments on NCELs in TSCA
section 5(e) consent orders. These two documents contain additional
information on EPA's approach to NCELs and developing techniques to
comply with those requirements.
    4. Comment: One commenter stated that the proposed regulatory text
language ``When determining which persons are reasonably likely to be
exposed as required for Sec.  721.63(a)(1) and (a)(4), engineering
control measures (e.g., enclosure or confinement of the operation,
general and local ventilation) or administrative control measures
(e.g., workplace policies and procedures) shall be considered and
implemented to prevent exposure, where feasible'' and the language that
respirators ``meet the requirements of Sec.  721.63(a)(4)'' were
confusing and that the second statement seemed to indicate that
respirators alone were sufficient to address exposures. The commenter
also suggested specific language changes to address that confusion and
to incorporate use of an exposure limit.
    Response: SNURs that require a significant new use notification
where certain respiratory protection is not used only require
respiratory protection when workers are reasonably likely to be
exposed. Manufacturers and processors subject to the SNUR must first
determine if workers are reasonably likely to be exposed. When making
that determination, the proposed language directs them to consider
feasible engineering or administrative controls similar to OSHA
requirements at 29 CFR 1910.134. If workers are still reasonably likely
to be exposed then the required respirators meet the requirements of 40
CFR 721.63(a)(4). Based on this explanation EPA does not think that the
language is confusing or indicates that respirators alone are
sufficient to address exposures. See also EPA's response to comment 10
regarding control measures. EPA has adopted a minor change adding the
suggested italicized language by the commenter ``. . . measures (e.g.,
workplace policies and procedures) shall be considered and implemented
to prevent or reduce exposure . . .'' to make clearer that the
requirements of 40 CFR 721.63(a)(4) are consistent with OSHA
requirements. This change has been made in all SNURs in this rule with
a ``protection in the workplace'' significant new use provision.
    5. Comment: One commenter also suggested that EPA should establish
criteria and procedures for selecting, installing, and evaluating the
performance of engineering controls and for training workers to use the
exposure controls.
    Response: EPA requires personal protective equipment only for
workers who are reasonably likely to be exposed, in order to prevent
unreasonable risks. It should be noted that OSHA regulations only
recommend but do not require specific engineering controls for existing
chemical substances even when there are available methods for detecting
those chemical substances and there are engineering controls known to
prevent exposures. For new chemical substances, there is often no data
on detection methods and limited data on which engineering controls
prevent worker exposures in all situations. In addition, because new
chemical substances have not previously been in commerce, there are no
specific applicable exposure limits or protective equipment
requirements under any other U.S. statute. EPA includes language in
SNURs that require worker protection that also requires engineering
controls and administrative controls where feasible. This requirement
is consistent with OSHA regulations. EPA's approach at this time for
evaluating engineering controls for chemical substances subject to
SNURs are requests for alternative control measures--which includes
requests to use the NCELs approach--as set out in 40 CFR 721.30.
    6. Comment: One commenter suggested that EPA consider new
toxicology studies identified by NIOSH (see: http://blogs.cdc.gov/niosh-science-blog/2013/03/11/mwcnt) for CNTs and consider whether
these effects should be considered as part of toxicology studies for
CNTs.
    Response: EPA is reviewing those studies and will incorporate the
findings of those studies to the extent appropriate when assessing the
potential hazards of and when determining testing requirements and
protocols for CNTs.
    7. Comment: One commenter suggested that other SNURs that have
already been issued and will be issued should also address the issue of
hierarchy of controls. The commenter described the best measures of a
hierarchy of controls as: process changes, followed by engineering
controls such as enclosure and local exhaust ventilation,
administrative practices, and finally, personal protective equipment.
Another commenter suggested that EPA should

undertake an interagency process with OSHA and NIOSH to ensure that
SNUR regulations are consistent with OSHA standards and NIOSH
recommendations and then modify existing SNURs and develop a template
for future SNURs through rulemaking.
    Response: As EPA has previously stated in response to Comment 2,
the requirements of 40 CFR 721.63(a)(4) already incorporate
consideration of engineering controls when determining protection for
workers from inhalation exposure as use of respirators must be
according to OSHA 29 CFR 1910.134, which includes language that
engineering controls should be used as far as feasible to prevent
exposures. EPA has also added specific language to new SNURS to require
engineering controls and administrative controls where feasible. EPA is
currently in the process of developing revisions to existing SNUR
regulations that will serve as a template for future SNURs and SNURs
already issued. EPA will consult with NIOSH and OSHA during this
process, as it has done previously when developing SNUR regulations for
worker protection. These revisions would also be subject to public
comments through notice and comment rulemaking.
    8. Comment: One commenter requested that EPA not finalize the SNUR
for P-08-392, which is the SNUR at 40 CFR 721.10648, until a request to
modify the TSCA section 5(e) consent order for that PMN substance was
completed because the proposed changes to the TSCA section 5(e) consent
order would not be consistent with the terms of the proposed SNUR.
    Response: After the comment was submitted, the PMN submitter
withdrew the TSCA section 5(e) consent order modification request.
Because the TSCA section 5(e) consent order modification is no longer
being pursued by the PMN submitter and this chemical substance is on
the TSCA Inventory, EPA is finalizing the SNUR as proposed. The terms
of the SNUR are consistent with the TSCA section 5(e) consent order
requirements.
    9. Comment: The commenter stated that the requirements of the SNUR
for PMN P-10-545 and P-10-546, which is the SNUR at 40 CFR 721.10648,
were inconsistent with the TSCA section 5(e) consent order. The
proposed SNUR requires notification if there is manufacturing,
processing, or use in a non-enclosed process. The commenter suggested
that EPA make the SNUR consistent with the TSCA section 5(e) consent
order by eliminating the notification requirements for non-enclosed
processes, and adding notification requirements in the SNUR if the same
respiratory protection requirements as in the TSCA section 5(e) consent
order are not used. The commenter also suggested that EPA explicitly
identify the use authorized under the TSCA section 5(e) consent order.
    Response: EPA agrees that the requirements of the TSCA section 5(e)
consent order and SNUR should be consistent. In the final SNUR EPA has
removed the notification requirements for non-enclosed processes and
has included the notification requirements where respiratory protection
is not used. EPA has also identified the use authorized under the
consent order in the final SNUR.
    10. Comment: A commenter for the SNUR in 40 CFR 721.10643 requested
that EPA expand on the completely reacted (cured) exemption in
paragraph (a)(1) and that EPA include a de minimis exemption of 1.0%
for worker protection requirements in paragraph (a)(2)(i). The
commenter also asked EPA to clarify that the phrase ``engineering
control measures (e.g., enclosure or confinement of the operation,
general and local exhaust ventilation) or administrative control
measures (e.g., workplace policies and procedures) shall be considered
and implemented to prevent exposure, where feasible'' means if proper
engineering controls are used to prevent exposure that respiratory
protection is not needed.
    Response: The commenter did not supply any reason for the requested
changes to the proposed SNUR. EPA will retain the completely reacted
(cured) exemption language in paragraph (a)(1) as that language is
consistent with the exemption language in the TSCA section 5(e) consent
order that is the basis for the SNUR. EPA will add the de minimis
exemption language for worker protection in paragraph (a)(2)(i), as
that language is also consistent with the exemption in the TSCA section
5(e) consent order. If a manufacturer or processor can demonstrate that
workers are not reasonably likely to be exposed by inhalation through
the use of engineering controls, respiratory protection would not be
required by the TSCA section 5(e) consent order and, similarly,
significant new use notification for using the substance without
respiratory protection would not be required.
    11. Comment: One commenter stated that the PMN submitter of P-11-
155, which is the chemical substance in the proposed SNUR in 40 CFR
721.10650, was in the process of conducting the recommended testing in
the proposed SNUR to characterize the environmental effects of the PMN
substance. The commenter also stated that the results of an acute
Daphnia study had already been submitted to and reviewed by EPA and
that the acute fish study would be conducted according to a protocol
already reviewed by EPA. The commenter requested that EPA withdraw the
proposed rule for 40 CFR 721.10650 and await the test results before
deciding whether to propose a SNUR.
    Response: Because the recommended environmental toxicity testing is
being conducted, EPA will not finalize the proposed SNUR at this time,
but will decide on any further action at a later date based on test
data results.
    12. Comment: EPA received five comments that supported the final
rule, one comment that did not support any regulation, and one comment
that wanted more regulation of toxic chemical substances in general.
Some of the comments supporting the final rule discussed advantages and
disadvantages of the SNUR rules and TSCA.
    Response: Because all of these comments did not address specific
requirements of the proposed SNURs, EPA is not responding to them and
is not making any changes to the SNURs as proposed.

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 TSCA section 5(a)(1)(B) is
best served by designating a use as a significant new use as of the
date of publication of the proposed rule rather than as of the
effective date of the final rule. If uses begun after publication 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 significant new use before the rule became
effective, and then argue that the use was ongoing before the effective
date of the final rule.
    Any person who began commercial manufacture or processing of the
specific chemical substances for any of the significant new uses
designated in the proposed rule after the date of publication of the
proposed rule must stop that activity before the effective date of this
final rule. Persons who ceased those activities will have to meet all
applicable SNUR notice requirements and wait until the end of the
notice review period, including any extensions, before engaging in any
activities designated as significant new uses.

    EPA has promulgated provisions to allow persons to comply with
these SNURs before the effective date. If a person were to meet the
conditions of advance compliance under 40 CFR[emsp14]721.45(h), the
person would be considered to have met the requirements of this final
SNUR for those activities.

VII. Test Data and Other Information

    EPA recognizes that TSCA section 5 does not require developing any
particular test data before submission of a SNUN. The two exceptions
are:
    1. 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)).
    2. 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 TSCA section 4 test rule or a TSCA 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 (see 40 CFR
720.50). However, upon review of PMNs and SNUNs, the Agency has the
authority to require appropriate testing.
    In the TSCA section 5(e) consent orders for 17 of the chemical
substances regulated under this final rule, EPA has established
restrictions in view of the lack of data on the potential health and
environmental risks that may be posed by the significant new uses or
increased exposure to the chemical substances. These restrictions will
not be removed until EPA determines that the unrestricted use will not
present an unreasonable risk of injury or result in significant or
substantial exposure or environmental release. This determination is
usually made based on the results of the required or recommended
toxicity tests.
    In cases where EPA issued a TSCA section 5(e) consent order that
requires or recommends certain testing, Unit IV. of the proposed rule
lists tests required or recommended in each of the TSCA section 5(e)
consent orders underlying the proposed TSCA section 5(e) SNURs, and
lists tests recommended for the chemical substances subject to the
proposed TSCA non-section 5(e) SNURs. Descriptions of tests are
provided for informational purposes. EPA strongly encourages persons,
before performing any testing, to consult with the Agency pertaining to
protocol selection.
    SNUN submitters should be aware that EPA will be better able to
evaluate SNUNs which provide detailed information on the following:
     Human exposure and environmental release that may result
from the significant new use of the chemical substances.
     Potential benefits of the chemical substances.
     Information on risks posed by the chemical substances
compared to risks posed by potential substitutes.

VIII. SNUN Submissions

    According to 40 CFR[emsp14]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 on EPA Form No. 7710-25, generated using e-PMN
software, and submitted to the Agency in accordance with the procedures
set forth in 40 CFR[emsp14]721.25 and 720.40. E-PMN software is
available electronically at http://www.epa.gov/opptintr/newchems.

IX. Economic Analysis

    EPA has evaluated the potential costs of establishing SNUN
requirements for potential manufacturers and processors of the chemical
substances during the development of the direct final rule. EPA's
complete Economic Analysis is available in the docket under docket ID
number EPA-HQ-OPPT-2012-0727.

X. Statutory and Executive Order Reviews

A. Executive Order 12866

    This final rule establishes SNURs for several new chemical
substances that were the subject of PMNs and, in some cases, a TSCA
section 5(e) consent order. The Office of Management and Budget (OMB)
has exempted these types of actions from review under Executive Order
12866, entitled ``Regulatory Planning and Review'' (58 FR 51735,
October 4, 1993).

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 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. EPA is amending the table
in 40 CFR part 9 to list the OMB approval number for the information
collection requirements contained in this final rule. This listing of
the OMB control numbers and their subsequent codification in the CFR
satisfies the display requirements of PRA and OMB's implementing
regulations at 5 CFR part 1320. This Information Collection Request
(ICR) was previously subject to public notice and comment prior to OMB
approval, and given the technical nature of the table, EPA finds that
further notice and comment to amend it is unnecessary. As a result, EPA
finds that there is ``good cause'' under section 553(b)(3)(B) of the
Administrative Procedure Act, 5 U.S.C. 553(b)(3)(B), to amend this
table without further notice and comment.
    The information collection requirements related to this action have
already been approved by OMB pursuant to PRA under OMB control number
2070-0012 (EPA ICR No. 574). 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 between 30 and
170 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. Regulatory Flexibility Act

    On February 18, 2012, EPA certified pursuant to section 605(b) of
the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.), that
promulgation of a SNUR does not have a significant economic impact on a
substantial number of small entities where the following are true:
    1. A significant number of SNUNs would not be submitted by small
entities in response to the SNUR.
    2. The SNUN submitted by any small entity would not cost
significantly more than $8300.
    A copy of that certification is available in the docket for this
rule.

    This rule is within the scope of the February 18, 2012
certification. Based on the Economic Analysis discussed in Unit IX. and
EPA's experience promulgating SNURs (discussed in the certification),
EPA believes that the following are true:
     A significant number of SNUNs would not be submitted by
small entities in response to the SNUR.
     Submission of the SNUN would not cost any small entity
significantly more than $8300. Therefore, the promulgation of the SNUR
would not have a significant economic impact on a substantial number of
small entities.

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 reasons to believe that any
State, local, or Tribal government will be impacted by this final rule.
As such, EPA has determined that this final rule does 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) (Pub. L. 104-4).

E. Executive Order 13132

    This action will 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. Executive Order 13175

    This final rule does not have Tribal implications because it is not
expected to have substantial direct effects on Indian Tribes. This
final rule does not significantly nor uniquely affect the communities
of Indian Tribal governments, nor does 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 final rule.

G. Executive Order 13045

    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. Executive Order 13211

    This action 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 and because this action is not a significant regulatory action
under Executive Order 12866.

I. National Technology Transfer and Advancement Act

    Since this action does not involve any technical standards, NTTAA
section 12(d) (15 U.S.C. 272 note), does not apply to this action.
    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).

XI. Congressional Review Act (CRA)

    The Congressional Review Act, 5 U.S.C. 801 et seq., generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report to each House of the Congress and
the Comptroller General of the United States. EPA will submit a report
containing this rule and other required information to the U.S. Senate,
the U.S. House of Representatives, and the Comptroller General of the
United States prior to publication of the rule in the Federal Register.
This final rule is not a ``major rule'' as defined by 5 U.S.C. 804(2).

List of Subjects

40 CFR Part 9

    Environmental protection, Reporting and recordkeeping requirements.

40 CFR Part 721

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

    Dated: August 20, 2014.
Maria J. Doa,
Director, Chemical Control Division, Office of Pollution Prevention and
Toxics.

    Therefore, 40 CFR parts 9 and 721 are amended as follows:

PART 9--[AMENDED]

0
1. The authority citation for part 9 continues to read as follows:

    Authority:  7 U.S.C. 135 et seq., 136-136y; 15 U.S.C. 2001,
2003, 2005, 2006, 2601-2671; 21 U.S.C. 331j, 346a, 348; 31 U.S.C.
9701; 33 U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318, 1321, 1326,
1330, 1342, 1344, 1345 (d) and (e), 1361; E.O. 11735, 38 FR 21243, 3
CFR, 1971-1975 Comp. p. 973; 42 U.S.C. 241, 242b, 243, 246, 300f,
300g, 300g-1, 300g-2, 300g-3, 300g-4, 300g-5, 300g-6, 300j-1, 300j-
2, 300j-3, 300j-4, 300j-9, 1857 et seq., 6901-6992k, 7401-7671q,
7542, 9601-9657, 11023, 11048.

0
2. The table in Sec.  9.1 is amended by adding the following sections
in numerical order under the undesignated center heading ``Significant
New Uses of Chemical Substances'' to read as follows:

Sec.  9.1  OMB approvals under the Paperwork Reduction Act.

* * * * *

------------------------------------------------------------------------
                   40 CFR citation                      OMB control No.
------------------------------------------------------------------------

                                * * * * *
------------------------------------------------------------------------
Significant New Uses of Chemical Substances.............................
------------------------------------------------------------------------

                                * * * * *
------------------------------------------------------------------------
721.10637............................................          2070-0012
721.10638............................................          2070-0012
721.10639............................................          2070-0012
721.10640............................................          2070-0012
721.10641............................................          2070-0012
721.10642............................................          2070-0012
721.10643............................................          2070-0012
721.10644............................................          2070-0012
721.10645............................................          2070-0012
721.10646............................................          2070-0012
721.10647............................................          2070-0012
721.10648............................................          2070-0012
721.10649............................................          2070-0012
721.10651............................................          2070-0012
721.10652............................................          2070-0012
721.10653............................................          2070-0012
721.10654............................................          2070-0012
721.10655............................................          2070-0012
721.10656............................................          2070-0012
721.10657............................................          2070-0012
721.10658............................................          2070-0012
721.10659............................................          2070-0012
721.10660............................................          2070-0012

                                * * * * *
------------------------------------------------------------------------

PART 721--[AMENDED]

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

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

0
4. Add Sec.  721.10637 to subpart E to read as follows:

Sec.  721.10637  Substituted picolinate (generic).

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
substituted picolinate (PMN P-00-835) is subject to reporting under
this section for the significant new uses described in paragraph (a)(2)
of this section.
    (2) The significant new uses are:
    (i) Release to water. Requirements as specified in Sec.
721.90(a)(4), (b)(4), and (c)(4) (N=90).
    (ii) [Reserved]
    (b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a), (b), (c), and (k) are applicable to manufacturers and
processors of this substance.
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.

0
5. Add Sec.  721.10638 to subpart E to read as follows:

Sec.  721.10638  Lithium metal phosphate (generic).

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as lithium
metal phosphate (PMN P-02-167) is subject to reporting under this
section for the significant new uses described in paragraph (a)(2) of
this section.
    (2) The significant new uses are:
    (i) Release to water. Requirements as specified in Sec.
721.90(a)(4), (b)(4), and (c)(4) (N=1).
    (ii) [Reserved]
    (b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a), (b), (c), and (k) are applicable to manufacturers and
processors of this substance.
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.

0
6. Add Sec.  721.10639 to subpart E to read as follows:

Sec.  721.10639  Siloxanes and Silicones, di-Me, polymers with Ph
silsesquioxanes, hydrolyzed, reaction products with 2-[[3-
(trimethoxysilyl)propoxy]methyl]oxirane.

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified as siloxanes and
silicones, di-Me, polymers with Ph silsesquioxanes, hydrolyzed,
reaction products with 2-[[3-(trimethoxysilyl)propoxy]methyl]oxirane
(PMN P-02-668; CAS No. 478823-10-8) is subject to reporting under this
section for the significant new uses described in paragraph (a)(2) of
this section.
    (2) The significant new uses are:
    (i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1), (a)(2)(i), (a)(3), (a)(4), (a)(6)(v), (b) (concentration
set at 0.1 percent), and (c). When determining which persons are
reasonably likely to be exposed as required for Sec.  721.63(a)(1) and
(4), engineering control measures (e.g., enclosure or confinement of
the operation, general and local ventilation) or administrative control
measures (e.g., workplace policies and procedures) shall be considered
and implemented to prevent or reduce exposure, where feasible. The
following National Institute for Occupational Safety and Health
(NIOSH)-certified respirators with an assigned protection factor (APF)
of at least 10 meet the requirements of Sec.  721.63(a)(4):
    (A) NIOSH-certified air-purifying, tight-fitting half-face
respirator equipped with N100 (if oil aerosols absent), R100, or P100
filters;
    (B) NIOSH-certified air-purifying, tight-fitting full-face
respirator equipped with N100 (if oil aerosols absent), R100, or P100
filters;
    (C) NIOSH-certified powered air-purifying respirator equipped with
a loose-fitting hood or helmet and high efficiency particulate air
(HEPA) filters;
    (D) NIOSH-certified powered air-purifying respirator equipped with
a tight-fitting facepiece (either half-face or full-face) and HEPA
filters; and
    (E) NIOSH-certified supplied-air respirator operated in pressure
demand or continuous flow mode and equipped with a hood or helmet, or
tight-fitting facepiece (either half-face or full-face).
    (ii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec.  721.80(o).
    (b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a), (b), (c), (d), (e), and (i) are applicable to manufacturers
and processors of this substance.
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.

0
7. Add Sec.  721.10640 to subpart E to read as follows:

Sec.  721.10640  1,2-Cyclohexanedicarboxylic acid, 1-(2-ethylhexyl) 2-
(2-methylpropyl) ester.

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified as 1,2-
cyclohexanedicarboxylic acid, 1-(2-ethylhexyl) 2-(2-methylpropyl) ester
(PMN P-03-135; CAS No. 252958-29-5) is subject to reporting under this
section for the significant new uses described in paragraph (a)(2) of
this section.
    (2) The significant new uses are:
    (i) Release to water. Requirements as specified in Sec.
721.90(a)(4), (b)(4), and (c)(4) (N=1)
    (ii) [Reserved]
    (b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a), (b), (c), and (k) are applicable to manufacturers and
processors of this substance.
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.

0
8. Add Sec.  721.10641 to subpart E to read as follows:

Sec.  721.10641  Phenol and vinyltoluene based hydrocarbon resin
(generic).

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as phenol
and vinyltoluene based hydrocarbon resin (PMN P-03-255) is subject to
reporting under this section for the significant new uses described in
paragraph (a)(2) of this section.
    (2) The significant new uses are:
    (i) Release to water. Requirements as specified in Sec.
721.90(a)(4), (b)(4), and (c)(4) (N=1).
    (ii) [Reserved]
    (b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a), (b), (c), and (k) are applicable to manufacturers and
processors of this substance.
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.

0
9. Add Sec.  721.10642 to subpart E to read as follows:

Sec.  721.10642  Modified polyisocyanates (generic).

    (a) Chemical substance and significant new uses subject to
reporting.

(1) The chemical substances identified generically as modified
polyisocyanates (PMNs P-03-762 and P-03-763) are subject to reporting
under this section for the significant new uses described in paragraph
(a)(2) of this section.
    (2) The significant new uses are:
    (i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1), (a)(2)(i), (a)(3), (b) (concentration set at 0.1
percent), and (c).
    (ii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec.  721.80 (f), (o), and (y)(l).
    (b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a), (b), (c), (d), (e), and (i) are applicable to manufacturers
and processors of these substances.
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.

0
10. Add Sec.  721.10643 to subpart E to read as follows:

Sec.  721.10643  Diisocyanate terminated polycarbodiimide (generic).

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
diisocyanate terminated polycarbodiimide (PMN P-04-640) is subject to
reporting under this section for the significant new uses described in
paragraph (a)(2) of this section. The requirements of this section do
not apply to quantities of the PMN substance that have been completely
reacted (cured).
    (2) The significant new uses are:
    (i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1), (a)(3), (a)(4), and (a)(6)(ii). When determining which
persons are reasonably likely to be exposed as required for Sec.
721.63(a)(1) and (4), engineering control measures (e.g., enclosure or
confinement of the operation, general and local ventilation) or
administrative control measures (e.g., workplace policies and
procedures) shall be considered and implemented to prevent or reduce
exposure, where feasible. A National Institute for Occupational Safety
and Health (NIOSH)-certified supplied-air respirator operated in
pressure demand or other positive pressure mode and equipped with a
tight-fitting full facepiece with an assigned protection factor (APF)
of at least 2,000 meets the minimum requirements Sec.  721.63(a)(4). As
an alternative to the respiratory requirements listed here, a
manufacturer or processor may choose to follow the new chemical
exposure limit (NCEL) provisions listed in the TSCA section 5(e)
consent order for this substance. The NCEL is 0.05 milligram/meter
cubed (mg/m\3\). Persons whose Sec.  721.30 requests to use the NCELs
approach are approved by EPA will receive NCELs provisions comparable
to those contained in the corresponding TSCA section 5(e) consent
order.
    (ii) Hazard communication program. Requirements as specified in
Sec.  721.72(a), (b), (c), (d), (f), (g)(1)(i), (g)(1)(ii), (g)(2)(i),
(g)(2)(ii), (g)(2)(iii), (g)(2)(iv) (use respiratory protection or
maintain airborne concentrations at or below an 8-hour time-weighted
average of 0.05 mg/m\3\), (g)(2)(v), and (g)(5).
    (iii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec.  721.80(o).
    (b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (i) are applicable to manufacturers and processors
of this substance.
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.

0
11. Add Sec.  721.10644to subpart E to read as follows:

Sec.  721.10644  Reaction product of aluminum hydroxide and modified
alkoxysilane (generic).

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
reaction product of aluminum hydroxide and modified alkoxysilane (PMN
P-07-553) is subject to reporting under this section for the
significant new uses described in paragraph (a)(2) of this section.
    (2) The significant new uses are:
    (i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(4), (a)(6)(i), (b) (concentrations set at 0.1 percent), and
(c). When determining which persons are reasonably likely to be exposed
as required for Sec.  721.63(a)(4), engineering control measures (e.g.,
enclosure or confinement of the operation, general and local
ventilation) or administrative control measures (e.g., workplace
policies and procedures) shall be considered and implemented to prevent
or reduce exposure, where feasible. The following National Institute
for Occupational Safety and Health (NIOSH)-certified respirators with
an assigned protection factor (APF) of at least 10 meet the
requirements of Sec.  721.63(a)(4):
    (A) NIOSH-certified air-purifying, tight-fitting half-face
respirator equipped with N100 (if oil aerosols absent), R100, or P100
filters;
    (B) NIOSH-certified air-purifying, tight-fitting full-face
respirator equipped with N100 (if oil aerosols absent), R100, or P100
filters;
    (C) NIOSH-certified powered air-purifying respirator equipped with
a loose- fitting hood or helmet and high efficiency particulate air
(HEPA) filters;
    (D) NIOSH-certified powered air-purifying respirator equipped with
a tight-fitting facepiece (either half-face or full-face) and HEPA
filters; and
    (E) NIOSH-certified supplied-air respirator operated in pressure
demand or continuous flow mode and equipped with a hood or helmet, or
tight-fitting facepiece (either half-face or full-face).
    (ii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec.  721.80(s) (100,000 kilograms).
    (b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a), (b), (c), (d), and (i) are applicable to manufacturers and
processors of this substance.
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.
0
12. Add Sec.  721.10645 to subpart E to read as follows:

Sec.  721.10645  Multi-walled carbon nanotube (generic) (P-08-0392).

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as multi-
walled carbon nanotube (PMN P-08-392) is subject to reporting under
this section for the significant new uses described in paragraph (a)(2)
of this section. The requirements of this section do not apply to
quantities of the PMN substance that have been completely reacted
(cured); incorporated or embedded into a polymer matrix that itself has
been completely reacted (cured); or embedded in a permanent solid
polymer form that is not intended to undergo further processing except
for mechanical processing.
    (2) The significant new uses are:
    (i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1), (a)(2)(i), (a)(2)(ii), (a)(3), (a)(4), and (a)(6)
(particulate, including

solids or liquid droplets). When determining which persons are
reasonably likely to be exposed as required for Sec.  721.63(a)(1) and
(4), engineering control measures (e.g., enclosure or confinement of
the operation, general and local ventilation) or administrative control
measures (e.g., workplace policies and procedures) shall be considered
and implemented to prevent or reduce exposure, where feasible. A
National Institute for Occupational Safety and Health (NIOSH)-certified
air-purifying, tight-fitting full-face respirator equipped with N100
filters with an assigned protection factor (APF) of at least 50 meet
the minimum requirements of Sec.  721.63(a)(4).
    (ii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec.  721.80(f), (k), and (q) (within 18 months of
commencing non-exempt commercial manufacture).
    (b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a), (b), (c), (d), (e), and (i) are applicable to manufacturers
and processors of this substance.
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.
    (3) Determining whether a specific use is subject to this section.
The provisions of Sec.  721.1725(b)(1) apply to paragraph (a)(2)(ii) of
this section.

0
13. Add Sec.  721.10646 to subpart E to read as follows:

Sec.  721.10646  Multi-wall carbon nanotubes (generic) (P-09-257).

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as multi-
wall carbon nanotubes (PMN P-09-257) is subject to reporting under this
section for the significant new uses described in paragraph (a)(2) of
this section. The requirements of this section do not apply to
quantities of the PMN substance that have been completely reacted
(cured); incorporated or embedded into a polymer matrix that itself has
been completely reacted (cured); embedded in a permanent solid polymer
form that is not intended to undergo further processing except for
mechanical processing; or incorporated into an article as defined at
Sec.  721.3(c).
    (2) The significant new uses are:
    (i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1), (a)(2)(i), (a)(2)(ii), (a)(3), (a)(4), and (a)(6)
(particulate, including solids or liquid droplets). When determining
which persons are reasonably likely to be exposed as required for Sec.
721.63 (a)(1) and (4), engineering control measures (e.g., enclosure or
confinement of the operation, general and local ventilation) or
administrative control measures (e.g., workplace policies and
procedures) shall be considered and implemented to prevent or reduce
exposure, where feasible. A National Institute for Occupational Safety
and Health (NIOSH)-certified air-purifying, tight-fitting full-face
respirator equipped with N100 filters with an assigned protection
factor (APF) of at least 50 meets the minimum requirements of Sec.
721.63(a)(4).
    (ii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec.  721.80(f), (k), and (q).
    (iii) Release to water. Requirements as specified in Sec.
721.90(b)(1) and (c)(1).
    (b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a), (b), (c), (d), (e), (i), and (k) are applicable to
manufacturers and processors of this substance.
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.
    (3) Determining whether a specific use is subject to this section.
The provisions of Sec.  721.1725(b)(1) apply to paragraph (a)(2)(ii) of
this section.

0
14. Add Sec.  721.10647 to subpart E to read as follows:

Sec.  721.10647  Multi-walled carbon nanofibers (generic).

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as multi-
walled carbon nanofibers (PMNs P-10-115, P-10-116, P-10-117, P-10-118,
P-10-119, P-10-120, P-10-121, P-10-122, P-10-123, P-10-124, P-10-125,
and P-10-126) are subject to reporting under this section for the
significant new uses described in paragraph (a)(2) of this section. The
requirements of this rule do not apply to quantities of the PMN
substances after they have been completely reacted (cured);
incorporated or embedded into a polymer matrix that itself has been
reacted (cured); embedded into a permanent solid polymer form that is
not intended to undergo further processing except for mechanical
processing; or incorporated into an article as defined at 40 CFR
720.3(c).
    (2) The significant new uses are:
    (i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1), (a)(2)(i), (a)(2)(ii), (a)(3), (a)(4), and (a)(6)(i).
When determining which persons are reasonably likely to be exposed as
required for Sec.  721.63(a)(1) and (4), engineering control measures
(e.g., enclosure or confinement of the operation, general and local
ventilation) or administrative control measures (e.g., workplace
policies and procedures) shall be considered and implemented to prevent
or reduce exposure, where feasible. A National Institute for
Occupational Safety and Health (NIOSH)-certified air-purifying, tight-
fitting full-face respirator equipped with N100 filters with an
assigned protection factor (APF) of at least 50 meets the minimum
requirements of Sec.  721.63(a)(4).
    (ii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec.  721.80(k) (electrical and thermal conductivity
additive in encapsulated thermoplastics, thermosets, elastomers, glass,
metals, and ceramics; mechanical reinforcement additive in encapsulated
thermoplastics, thermosets, elastomers, glass, metals, and ceramics;
energy storage additive; or chemical intermediate), (l), and (q).
    (iii) Release to water. Requirements as specified in Sec.
721.90(b)(1) and (c)(1).
    (b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a), (b), (c), (d), (e), (i), and (k) are applicable to
manufacturers and processors of these substances.
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.
    (3) Determining whether a specific use is subject to this section.
The provisions of Sec.  721.1725(b)(1) apply to paragraph (a)(2)(ii) of
this section.

0
15. Add Sec.  721.10648 to subpart E to read as follows:

Sec.  721.10648  Modified lithium iron phosphates (generic).

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substances identified generically as
modified lithium iron phosphates (PMNs P-10-545 and P-10-546) are
subject to reporting under this section for the significant new uses
described in paragraph (a)(2) of this section. The requirements of this
rule do not apply to quantities of the PMN substances after they have
been completely reacted (cured), embedded

or incorporated into a polymer matrix that has been reacted (cured), or
embedded in a permanent solid polymer form that is not intended to
undergo further processing, except mechanical.
    (2) The significant new uses are:
    (i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(4) and (a)(6)(i). When determining which persons are
reasonably likely to be exposed as required for Sec.  721.63(a)(1) and
(4), engineering control measures (e.g., enclosure or confinement of
the operation, general and local ventilation) or administrative control
measures (e.g., workplace policies and procedures) shall be considered
and implemented to prevent or reduce exposure, where feasible. A
National Institute for Occupational Safety and Health (NIOSH)-certified
air-purifying, tight-fitting full-face respirator equipped with N100
cartridges meets the minimum requirements of Sec.  721.63(a)(4).
    (ii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec.  721.80(k) (battery electrode components,
contained use) and (q).
    (iii) Release to water. Requirements as specified in Sec.
721.90(b)(1) and (c)(1).
    (b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a), (b), (c), (i), and (k) are applicable to manufacturers and
processors of these substances.
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.
    (3) Determining whether a specific use is subject to this section.
The provisions of Sec.  721.1725(b)(1) apply to paragraph (a)(2)(i) of
this section.

0
16. Add Sec.  721.10649 to subpart E to read as follows:

Sec.  721.10649  MDI modified polyalkylene glycol adipate polyester
(generic).

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as MDI
modified polyalkylene glycol adipate polyester (PMN P-11-115) is
subject to reporting under this section for the significant new uses
described in paragraph (a)(2) of this section.
    (2) The significant new uses are:
    (i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(4), (a)(6)(i), (a)(6)(ii), (a)(6)(v), (b) (concentration set
at 0.1 percent), and (c). When determining which persons are reasonably
likely to be exposed as required for Sec.  721.63(a)(4), engineering
control measures (e.g., enclosure or confinement of the operation,
general and local ventilation) or administrative control measures
(e.g., workplace policies and procedures) shall be considered and
implemented to prevent or reduce exposure, where feasible. The
following National Institute for Occupational Safety and Health
(NIOSH)-certified respirators with an assigned protection factor (APF)
of at least 10 meet the requirements of Sec.  721.63(a)(4):
    (A) NIOSH-certified air-purifying, tight-fitting half-face
respirator equipped with N100 (if oil aerosols absent), R100, or P100
filters;
    (B) NIOSH-certified air-purifying, tight-fitting full-face
respirator equipped with N100 (if oil aerosols absent), R100, or P100
filters;
    (C) NIOSH-certified powered air-purifying respirator equipped with
a loose- fitting hood or helmet and high efficiency particulate air
(HEPA) filters;
    (D) NIOSH-certified powered air-purifying respirator equipped with
a tight-fitting facepiece (either half-face or full-face) and HEPA
filters; and
    (E) NIOSH-certified supplied-air respirator operated in pressure
demand or continuous flow mode and equipped with a hood or helmet, or
tight-fitting facepiece (either half-face or full-face).
    (ii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec.  721.80(o).
    (b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a), (b), (c), (d), and (i) are applicable to manufacturers and
processors of this substance.
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.

0
17. Add Sec.  721.10651 to subpart E to read as follows:

Sec.  721.10651  Carbide derived nanocarbon (generic).

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as carbide
derived nanocarbon (PMN P-11-290) is subject to reporting under this
section for the significant new uses described in paragraph (a)(2) of
this section.
    (2) The significant new uses are:
    (i) Industrial, commercial, and consumer activities. Requirements
as specified in Sec.  721.80(j) (manufacture of the substance by the
method described in the premanufacture notice).
    (ii) [Reserved]
    (b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a), (b), (c), and (i) are applicable to manufacturers and
processors of this substance.
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.
    (3) Determining whether a specific use is subject to this section.
The provisions of Sec.  721.1725(b)(1) apply to paragraph (a)(2)(i) of
this section.

0
18. Add Sec.  721.10652 to subpart E to read as follows:

Sec.  721.10652  Hexanedioic acid, polymer with polyether polyol, 1,1'-
methylenebis[4-isocyanatobenzene] and dihydroxydialkyl ether (generic).

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
hexanedioic acid, polymer with polyether polyol, 1,1'-methylenebis[4-
isocyanatobenzene] and dihydroxydialkyl ether (PMN P-11-309) is subject
to reporting under this section for the significant new uses described
in paragraph (a)(2) of this section.
    (2) The significant new uses are:
    (i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(4), (a)(6)(i), (a)(6)(ii), (a)(6)(v), (b) (concentration set
at 0.1 percent), and (c). When determining which persons are reasonably
likely to be exposed as required for Sec.  721.63(a)(4), engineering
control measures (e.g., enclosure or confinement of the operation,
general and local ventilation) or administrative control measures
(e.g., workplace policies and procedures) shall be considered and
implemented to prevent or reduce exposure, where feasible. The
following National Institute for Occupational Safety and Health
(NIOSH)-certified respirators with an assigned protection factor (APF)
of at least 10 meet the requirements of Sec.  721.63(a)(4):
    (A) NIOSH-certified air-purifying, tight-fitting half-face
respirator equipped with N100 (if oil aerosols absent), R100, or P100
filters;
    (B) NIOSH-certified air-purifying, tight-fitting full-face
respirator equipped with N100 (if oil aerosols absent), R100, or P100
filters;
    (C) NIOSH-certified powered air-purifying respirator equipped with
a

loose-fitting hood or helmet and high efficiency particulate air (HEPA)
filters;
    (D) NIOSH-certified powered air-purifying respirator equipped with
a tight-fitting facepiece (either half-face or full-face) and HEPA
filters; and
    (E) NIOSH-certified supplied-air respirator operated in pressure
demand or continuous flow mode and equipped with a hood or helmet, or
tight-fitting facepiece (either half-face or full-face).
    (ii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec.  721.80(o).
    (b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a), (b), (c), (d), and (i) are applicable to manufacturers and
processors of this substance.
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.

0
19. Add Sec.  721.10653 to subpart E to read as follows:

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

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
hexanedioic acid, polymer with .alpha.-hydro-.omega.-
hydroxypoly[oxy(methyl-1,2-ethanediyl)],1,1'-methylenebis[4-
isocyanatobenzene], dihydroxydialkyl ether and dialkanol ether (PMN P-
09-311) is subject to reporting under this section for the significant
new uses described in paragraph (a)(2) of this section.
    (2) The significant new uses are:
    (i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(4), (a)(6)(i), (a)(6)(ii), (a)(6)(v), (b) (concentration set
at 0.1 percent), and (c). When determining which persons are reasonably
likely to be exposed as required for Sec.  721.63(a)(4), engineering
control measures (e.g., enclosure or confinement of the operation,
general and local ventilation) or administrative control measures
(e.g., workplace policies and procedures) shall be considered and
implemented to prevent or reduce exposure, where feasible. The
following National Institute for Occupational Safety and Health
(NIOSH)-certified respirators with an assigned protection factor (APF)
of at least 10 meet the requirements of Sec.  721.63(a)(4):
    (A) NIOSH-certified air-purifying, tight-fitting half-face
respirator equipped with N100 (if oil aerosols absent), R100, or P100
filters;
    (B) NIOSH-certified air-purifying, tight-fitting full-face
respirator equipped with N100 (if oil aerosols absent), R100, or P100
filters;
    (C) NIOSH-certified powered air-purifying respirator equipped with
a loose-fitting hood or helmet and high efficiency particulate air
(HEPA) filters;
    (D) NIOSH-certified powered air-purifying respirator equipped with
a tight-fitting facepiece (either half-face or full-face) and HEPA
filters; and
    (E) NIOSH-certified supplied-air respirator operated in pressure
demand or continuous flow mode and equipped with a hood or helmet, or
tight-fitting facepiece (either half-face or full-face).
    (ii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec.  721.80(o).
    (b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125 (a), (b), (c), (d), and (i) are applicable to manufacturers and
processors of this substance.
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.
0
20. Add Sec.  721.10654 to subpart E to read as follows:

Sec.  721.10654  Hexanedioic acid, polymer with .alpha.-hydro-.omega.-
hydroxypoly[oxy(methyl-1,2-ethanediyl)],1,1'-
methylenebis[isocyanatobenzene], dihydroxydialkyl ether and dialkanol
ether (generic).

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
hexanedioic acid, polymer with .alpha.-hydro-.omega.-
hydroxypoly[oxy(methyl-1,2-ethanediyl)],1,1'-
methylenebis[isocyanatobenzene], dihydroxydialkyl ether and dialkanol
ether (PMN P-11-312) is subject to reporting under this section for the
significant new uses described in paragraph (a)(2) of this section.
    (2) The significant new uses are:
    (i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(4), (a)(6)(i), (a)(6)(ii), (a)(6)(v), (b) (concentration set
at 0.1 percent), and (c). When determining which persons are reasonably
likely to be exposed as required for Sec.  721.63 (a)(4), engineering
control measures (e.g., enclosure or confinement of the operation,
general and local ventilation) or administrative control measures
(e.g., workplace policies and procedures) shall be considered and
implemented to prevent or reduce exposure, where feasible. The
following National Institute for Occupational Safety and Health
(NIOSH)-certified respirators with an assigned protection factor (APF)
of at least 10 meet the requirements of Sec.  721.63(a)(4):
    (A) NIOSH-certified air-purifying, tight-fitting half-face
respirator equipped with N100 (if oil aerosols absent), R100, or P100
filters;
    (B) NIOSH-certified air-purifying, tight-fitting full-face
respirator equipped with N100 (if oil aerosols absent), R100, or P100
filters;
    (C) NIOSH-certified powered air-purifying respirator equipped with
a loose-fitting hood or helmet and high efficiency particulate air
(HEPA) filters;
    (D) NIOSH-certified powered air-purifying respirator equipped with
a tight-fitting facepiece (either half-face or full-face) and HEPA
filters; and
    (E) NIOSH-certified supplied-air respirator operated in pressure
demand or continuous flow mode and equipped with a hood or helmet, or
tight-fitting facepiece (either half-face or full-face).
    (ii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec.  721.80(o).
    (b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a), (b), (c), (d), and (i) are applicable to manufacturers and
processors of this substance.
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.

0
21. Add Sec.  721.10655 to subpart E to read as follows:

Sec.  721.10655  Hexanedioic acid, polymer with .alpha.-hydro-.omega.-
hydroxypoly[oxy(methyl-1,2-ethanediyl)],1,1'-methylenebis[4-
isocyanatobenzene], dihydroxydialkyl ether, reaction products with
dialkylcarbinol (generic).

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
hexanedioic acid, polymer with .alpha.-hydro-.omega.-
hydroxypoly[oxy(methyl-1,2-ethanediyl)],1,1'-methylenebis[4-
isocyanatobenzene], dihydroxydialkyl

ether, reaction products with dialkylcarbinol (PMN P-11-313) is subject
to reporting under this section for the significant new uses described
in paragraph (a)(2) of this section.
    (2) The significant new uses are:
    (i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(4), (a)(6)(i), (a)(6)(ii), (a)(6)(v), (b) (concentration set
at 0.1 percent), and (c). When determining which persons are reasonably
likely to be exposed as required for Sec.  721.63 (a)(4), engineering
control measures (e.g., enclosure or confinement of the operation,
general and local ventilation) or administrative control measures
(e.g., workplace policies and procedures) shall be considered and
implemented to prevent or reduce exposure, where feasible. The
following National Institute for Occupational Safety and Health
(NIOSH)-certified respirators with an assigned protection factor (APF)
of at least 10 meet the requirements of Sec.  721.63(a)(4):
    (A) NIOSH-certified air-purifying, tight-fitting half-face
respirator equipped with N100 (if oil aerosols absent), R100, or P100
filters;
    (B) NIOSH-certified air-purifying, tight-fitting full-face
respirator equipped with N100 (if oil aerosols absent), R100, or P100
filters;
    (C) NIOSH-certified powered air-purifying respirator equipped with
a loose-fitting hood or helmet and high efficiency particulate air
(HEPA) filters;
    (D) NIOSH-certified powered air-purifying respirator equipped with
a tight-fitting facepiece (either half-face or full-face) and HEPA
filters; and
    (E) NIOSH-certified supplied-air respirator operated in pressure
demand or continuous flow mode and equipped with a hood or helmet, or
tight-fitting facepiece (either half-face or full-face).
    (ii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec.  721.80(o).
    (b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a), (b), (c), (d), and (i) are applicable to manufacturers and
processors of this substance.
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.
0
22. Add Sec.  721.10656 to subpart E to read as follows:

Sec.  721.10656  Hexanedioic acid, polymer with .alpha.-hydro-.omega.-
hydroxypoly[oxy(methyl-1,2-ethanediyl)],1,1'-methylenebis[4-
isocyanatobenzene], dihydroxydialkyl ether reaction products with
dialkylcarbinol (generic).

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
hexanedioic acid, polymer with .alpha.-hydro-.omega.-
hydroxypoly[oxy(methyl-1,2-ethanediyl)],1,1'-methylenebis[4-
isocyanatobenzene], dihydroxydialkyl ether reaction products with
dialkylcarbinol (PMN P-11-314) is subject to reporting under this
section for the significant new uses described in paragraph (a)(2) of
this section.
    (2) The significant new uses are:
    (i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(4), (a)(6)(i), (a)(6)(ii), (a)(6)(v), (b)(concentration set
at 0.1 percent), and (c). When determining which persons are reasonably
likely to be exposed as required for Sec.  721.63(a)(4), engineering
control measures (e.g., enclosure or confinement of the operation,
general and local ventilation) or administrative control measures
(e.g., workplace policies and procedures) shall be considered and
implemented to prevent or reduce exposure, where feasible. The
following National Institute for Occupational Safety and Health
(NIOSH)-certified respirators with an assigned protection factor (APF)
of at least 10 meet the requirements of Sec.  721.63(a)(4):
    (A) NIOSH-certified air-purifying, tight-fitting half-face
respirator equipped with N100 (if oil aerosols absent), R100, or P100
filters;
    (B) NIOSH-certified air-purifying, tight-fitting full-face
respirator equipped with N100 (if oil aerosols absent), R100, or P100
filters;
    (C) NIOSH-certified powered air-purifying respirator equipped with
a loose-fitting hood or helmet and high efficiency particulate air
(HEPA) filters;
    (D) NIOSH-certified powered air-purifying respirator equipped with
a tight-fitting facepiece (either half-face or full-face) and HEPA
filters; and
    (E) NIOSH-certified supplied-air respirator operated in pressure
demand or continuous flow mode and equipped with a hood or helmet, or
tight-fitting facepiece (either half-face or full-face).
    (ii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec.  721.80(o).
    (b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a), (b), (c), (d), and (i) are applicable to manufacturers and
processors of this substance.
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.

0
23. Add Sec.  721.10657 to subpart E to read as follows:

Sec.  721.10657  Castor oil, polymer with hydrogenated vegetable oil,
1,1'-methylenebis[isocyanatobenzene] and isocyanate (generic).

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as castor
oil, polymer with hydrogenated vegetable oil, 1,1'-
methylenebis[isocyanatobenzene] and isocyanate (PMN P-12-73) is subject
to reporting under this section for the significant new uses described
in paragraph (a)(2) of this section.
    (2) The significant new uses are:
    (i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(4), (a)(6)(i), (a)(6)(ii), (a)(6)(v), (b) (concentration set
at 0.1 percent), and (c). When determining which persons are reasonably
likely to be exposed as required for Sec.  721.63(a)(4), engineering
control measures (e.g., enclosure or confinement of the operation,
general and local ventilation) or administrative control measures
(e.g., workplace policies and procedures) shall be considered and
implemented to prevent or reduce exposure, where feasible. The
following National Institute for Occupational Safety and Health
(NIOSH)-certified respirators with an assigned protection factor (APF)
of at least 10 meet the requirements of Sec.  721.63(a)(4):
    (A) NIOSH-certified air-purifying, tight-fitting half-face
respirator equipped with N100 (if oil aerosols absent), R100, or P100
filters;
    (B) NIOSH-certified air-purifying, tight-fitting full-face
respirator equipped with N100 (if oil aerosols absent), R100, or P100
filters;
    (C) NIOSH-certified powered air-purifying respirator equipped with
a loose-fitting hood or helmet and high efficiency particulate air
(HEPA) filters;
    (D) NIOSH-certified powered air-purifying respirator equipped with
a tight-fitting facepiece (either half-face or full-face) and HEPA
filters; and
    (E) NIOSH-certified supplied-air respirator operated in pressure
demand or continuous flow mode and equipped with a hood or helmet, or
tight-fitting facepiece (either half-face or full-face).

    (ii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec.  721.80(o).
    (b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a), (b), (c), (d), and (i) are applicable to manufacturers and
processors of this substance.
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.

0
24. Add Sec.  721.10658 to subpart E to read as follows:

Sec.  721.10658  2-Oxepanone, polymer with 1,6-diisocyanatohexane, 2,2-
dimethyl-1,3-propanediol and 2,2'-oxybis[ethanol].

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified as 2-oxepanone,
polymer with 1,6-diisocyimatohexane, 2,2-dimethyl-1,3-propanediol and
2,2'-oxybis[ethanol] (PMN P-12-133; CAS No. 1313708-90-5) is subject to
reporting under this section for the significant new uses described in
paragraph (a)(2) of this section.
    (2) The significant new uses are:
    (i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(4), (a)(6)(i), (a)(6)(ii), (a)(6)(v), (b) (concentration set
at 0.1 percent), and (c). When determining which persons are reasonably
likely to be exposed as required for Sec.  721.63(a)(4), engineering
control measures (e.g., enclosure or confinement of the operation,
general and local ventilation) or administrative control measures
(e.g., workplace policies and procedures) shall be considered and
implemented to prevent or reduce exposure, where feasible. The
following National Institute for Occupational Safety and Health
(NIOSH)-certified respirators with an assigned protection factor (APF)
of at least 10 meet the requirements of Sec.  721.63(a)(4):
    (A) NIOSH-certified air-purifying, tight-fitting half-face
respirator equipped with N100 (if oil aerosols absent), R100, or P100
filters;
    (B) NIOSH-certified air-purifying, tight-fitting full-face
respirator equipped with N100 (if oil aerosols absent), R100, or P100
filters;
    (C) NIOSH-certified powered air-purifying respirator equipped with
a loose-fitting hood or helmet and high efficiency particulate air
(HEPA) filters;
    (D) NIOSH-certified powered air-purifying respirator equipped with
a tight-fitting facepiece (either half-face or full-face) and HEPA
filters; and
    (E) NIOSH-certified supplied-air respirator operated in pressure
demand or continuous flow mode and equipped with a hood or helmet, or
tight-fitting facepiece (either half-face or full-face).
    (ii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec.  721.80(o).
    (b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a), (b), (c), (d), and (i) are applicable to manufacturers and
processors of this substance.
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.

0
25. Add Sec.  721.10659 to subpart E to read as follows:

Sec.  721.10659  Poly(oxy-1,4-butanediyl), -hydro-hydroxy-, polymer
with alkyldiisocyanates (generic).

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
poly(oxy-1,4-butanediyl), -hydro-hydroxy-, polymer with
alkyldiisocyanates (PMN P-12-143) is subject to reporting under this
section for the significant new uses described in paragraph (a)(2) of
this section.
    (2) The significant new uses are:
    (i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(4), (a)(6)(i), (a)(6)(ii), (a)(6)(v), (b) (concentration set
at 0.1 percent), and (c). When determining which persons are reasonably
likely to be exposed as required for Sec.  721.63(a)(4), engineering
control measures (e.g., enclosure or confinement of the operation,
general and local ventilation) or administrative control measures
(e.g., workplace policies and procedures) shall be considered and
implemented to prevent or reduce exposure, where feasible. The
following National Institute for Occupational Safety and Health
(NIOSH)-certified respirators with an assigned protection factor (APF)
of at least 10 meet the requirements of Sec.  721.63(a)(4):
    (A) NIOSH-certified air-purifying, tight-fitting half-face
respirator equipped with N100 (if oil aerosols absent), R100, or P100
filters;
    (B) NIOSH-certified air-purifying, tight-fitting full-face
respirator equipped with N100 (if oil aerosols absent), R100, or P100
filters;
    (C) NIOSH-certified powered air-purifying respirator equipped with
a loose-fitting hood or helmet and high efficiency particulate air
(HEPA) filters;
    (D) NIOSH-certified powered air-purifying respirator equipped with
a tight-fitting facepiece (either half-face or full-face) and HEPA
filters; and
    (E) NIOSH-certified supplied-air respirator operated in pressure
demand or continuous flow mode and equipped with a hood or helmet, or
tight-fitting facepiece (either half-face or full-face).
    (ii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec.  721.80(o).
    (b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a), (b), (c), (d), and (i) are applicable to manufacturers and
processors of this substance.
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.

0
26. Add Sec.  721.10660 to subpart E to read as follows:

Sec.  721.10660  Aliphatic diisocyanate adduct with substituted amino
alkyl silane (generic).

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
aliphatic diisocyanate adduct with substituted amino alkyl silane (PMN
P-12-274) is subject to reporting under this section for the
significant new uses described in paragraph (a)(2) of this section.
    (2) The significant new uses are:
    (i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(4), (a)(6)(i), (a)(6)(ii), (a)(6)(v), (b) (concentration set
at 0.1 percent), and (c). When determining which persons are reasonably
likely to be exposed as required for Sec.  721.63(a)(4), engineering
control measures (e.g., enclosure or confinement of the operation,
general and local ventilation) or administrative control measures
(e.g., workplace policies and procedures) shall be considered and
implemented to prevent or reduce exposure, where feasible. The
following National Institute for Occupational Safety and Health
(NIOSH)-certified respirators with an assigned protection factor (APF)
of at least 10 meet the requirements of Sec.  721.63(a)(4):
    (A) NIOSH-certified air-purifying, tight-fitting half-face
respirator

equipped with N100 (if oil aerosols absent), R100, or P100 filters;
    (B) NIOSH-certified air-purifying, tight-fitting full-face
respirator equipped with N100 (if oil aerosols absent), R100, or P100
filters;
    (C) NIOSH-certified powered air-purifying respirator equipped with
a loose- fitting hood or helmet and high efficiency particulate air
(HEPA) filters;
    (D) NIOSH-certified powered air-purifying respirator equipped with
a tight-fitting facepiece (either half-face or full-face) and HEPA
filters; and
    (E) NIOSH-certified supplied-air respirator operated in pressure
demand or continuous flow mode and equipped with a hood or helmet, or
tight-fitting facepiece (either half-face or full-face).
    (ii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec.  721.80(o).
    (b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a), (b), (c), (d), and (i) are applicable to manufacturers and
processors of this substance.
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.
[FR Doc. 2014-20783 Filed 8-29-14; 8:45 am]
BILLING CODE 6560-50-P