Effluent Guidelines Ambient Analysis Proposed Methodology and Results for Analysis   Final Draft_____

Prepared for:

U. S. Environmental Protection Agency Office of Water Office of Wetlands, Oceans, and Watersheds And Office of Science and Technology Prepared by:

INDUS Corporation 1953 Gallows Rd Vienna, VA 22182 Effluent Guidelines Ambient Analysis Contract Number: 50CMAA900048 Task Order: 56CMAA000006 Job Assignment Number: 027 July 30, 2003 Table of Contents 1.0 Introduction............................................................................................................. 1 1.1 Document Description......................................................................................... 2 1.2 Quality Assurance Project Plan.......................................................................... 2 2.0 Source Data Descriptions ........................................................................................ 2 2.1 Phase I Source Data............................................................................................. 2 2.1.1 PCS, Parameter Data....................................................................................... 2 2.1.2 PCS, Industry Typical Pollutant Concentration Data ....................................... 3 2.1.3 PCS, Reach Index Data................................................................................... 3 2.1.4 Impaired Waters, Impairment Data ................................................................. 4 2.1.5 Impaired Waters, Reach Index Data................................................................ 4 2.1.6 Fish Consumption Advisory Data ................................................................... 4 2.1.7 Fish Consumption Advisory, Reach Index Data .............................................. 4 2.1.8 NHD Data....................................................................................................... 5 2.2 Phase II Source Data ........................................................................................... 5 2.2.1 STORET......................................................................................................... 5 2.2.2 STORET, Reach Index Data ........................................................................... 5 3.0 Process Description ................................................................................................. 5 3.1 Phase I.................................................................................................................. 5 3.1.1 Constructing Parameter Mappings .................................................................. 6 3.1.2 Calculating Water Network Interactions.......................................................... 7 3.1.3 Reporting Potential Relationships ................................................................... 7 3.2 Phase II ................................................................................................................ 8 4.0 Results Summary..................................................................................................... 8 4.1 Phase I Results Summary.................................................................................... 8 4.1.1 PCS and Impaired Waters Results Summary................................................... 8 4.1.2 PCS and Fish Consumption Advisories Results Summary............................. 21 4.2 Phase II Results Summary ................................................................................ 21 List of Tables Table 1.0: PCS Facility, Discharge, and Limit Counts on Impaired Waters................... 10 Table 2.1a: Facilities on Impaired Waters, Rank by Percent of Indexed........................ 11 Table 2.1b: Facilities on Impaired Waters, Rank by Percent of All Facilities ................ 12 Table 2.1c: Facilities on Impaired Waters, Rank by Count............................................ 12 Table 2.2a: Facility TPC Parameters on Detail Impairments, Rank by Percent of Indexed .............................................................................................................................. 13 Table 2.2b: Facility TPC Parameters on Detail Impairments, Rank by Percent of All Facilities................................................................................................................ 13 Table 2.2c: Facility TPC Parameters on Detail Impairments, Rank by Count ................ 14 Table 2.3a: Facility TPC Parameters on Master Impairments, Rank by Percent of Indexed ................................................................................................................. 14 Table 2.3b: Facility TPC Parameters on Master Impairments, Rank by Percent of All Facilities................................................................................................................ 15 Table 2.3c: Facility TPC Parameters on Master Impairments, Rank by Count............... 15 Table 2.4a: Facility Limit Parameters on Detail Impairments, Rank by Percent of Indexed ................................................................................................................. 16 Table 2.4b: Facility Limit Parameters on Detail Impairments, Rank by Percent of All Facilities................................................................................................................ 16 Table 2.4c: Facility Limit Parameters on Detail Impairments, Rank by Count .............. 17 Table 2.5a: Facility Limit Parameters on Master Impairments, Rank by Percent of Indexed ................................................................................................................. 17 Table 2.5b: Facility Limit Parameters on Master Impairments, Rank by Percent of All Facilities................................................................................................................ 18 Table 2.5c: Facility Limit Parameters on Master Impairments, Rank by Count ............. 18 Table 2.6a: Facility TPC or Limit Parameters on Master or Detail Impairments, Rank by Percent Indexed..................................................................................................... 19 Table 2.6b: Facility TPC or Limit Parameters on Master or Detail Impairments, Rank by Count .................................................................................................................... 19 Table 3.0: Datafile Descriptions ................................................................................... 21 1.0 Introduction The Effluent Guidelines Program has a legislative requirement from Section 304( m) of the Clean Water Act ( CWA) to analyze the effects of differing industrial sectors on water quality. Part of this requirement involves evaluating existing effluent guidelines and standards ( ELGs) and evaluating the need for new ELGs. Utilizing the Watershed Assessment, Tracking, and Environmental Results ( WATERS) system, EPA is investigating more comprehensive and efficient methods of evaluating the effectiveness of the ELGs and identifying areas of research for new ELGs.

WATERS is an integrated information system for the nation's surface waters. The EPA Office of Water ( OW) has various programs that store data in associated databases. These databases are separately managed with little coordination among them. Under WATERS, the program databases are connected to a larger framework. This framework is a digital network of surface water features known as the National Hydrography Dataset ( NHD). By linking to the NHD, one program database can reach another, and information can be shared across programs. The effluent guidelines ambient analysis will utilize several components of WATERS including:

The total maximum daily load ( TMDL) database containing CWA section 303( d) listed waters;

The 303( d) reach index event tables;

The permit compliance system ( PCS) reach index event tables;

The fish consumption advisory reach index event tables;

National Hydrography Data ( NHD); and

The NHD navigation engine In addition to these WATERS components, additional components for the analysis will include:

The EnviroFacts ( EF) PCS database;

The typical pollutant concentration ( TPC) tables; and

The STOrage and RETrieval System for National Water Data ( STORET) ( phase II of the analysis)

The effluent guidelines ambient analysis is a two phase analysis. The first phase explores the relationships between industry point source discharges to water and both impaired waters and waters with fish consumption advisories issued for them. The second phase will explore the relationships between industry point source discharges and ambient water quality as measured by the various water quality monitoring stations stored in the STORET database.

Due to current limitations in the NHD navigation engine, the upstream/ downstream portions of the analysis have been deferred. The upstream/ downstream portions of the analysis may be reported in a future version of this document. July 30, 2003 Section 1 INDUS Corporation 2 Document #: 1C129.0027 SA 001 V1.4 1.1 Document Description This document is divided into four major sections. The first section ( this section) provides an introduction to the project. The second section describes the data sources including discussions of data completeness, content issues, and location accuracy. Issues affecting the accuracy of the study results will be discussed. The third section moves step by step through the analysis process, once again describing any issues that may impact the study results. Finally, the fourth section provides some summary information regarding the study results as well as a description of the data products created as part of the study. The second phase of the analysis utilizing the STORET database will only be generally discussed. Details regarding the analysis process and results will be included in a future version of this document.

1.2 Quality Assurance Project Plan The Quality Assurance Project Plan ( QAPP) for this project was delivered in a separate document, " The Effluent Guidelines Ambient Analysis Quality Assurance Project Plan". This document along with the " The Effluent Guidelines Ambient Analysis Work Plan" fully describes the organizational plans and processes under which the project operates.

2.0 Source Data Descriptions The source of each set of data is discussed below. This discussion is not intended to fully describe the data source, rather it is intended to document the source and raise any known issues related to this analysis. As this analysis proceeds, additional information may be added to these descriptions to more accurately represent the risks to this analysis, and identify areas where improved source data quality are likely to improve the quality of this analysis.

2.1. Phase I Source Data The impairments portion of the analysis was conducted utilizing primarily data from WATERS. In addition to the data from WATERS, the EPA Office of Enforcement and Compliance ( OECA), Office of Compliance ( OC), Enforcement Planning, Targeting, and Data Division ( EPTDD) supplied PCS parameter data and TPC tables.

2.1.1. PCS Parameter Data The EnviroFacts ( EF) database was utilized to extract PCS facility, current pipe schedule, and current effluent parameter ( limits) data. The data from EF were extracted on February 23, 2003 from the National PCS ADABAS system and contained 168,617 unique facility NPDES ( National Pollution Discharge Elimination System) IDs representing the active PCS facilities. Due to data problems, the Envirofacts system could not load 1078 facility records it had extracted from the PCS ADABAS system into the PCS_ PERMIT_ FACILITY table. Of those 1078 records, 657 had been reachindexed We were able to extract limited facility information for 656 of those 657 July 30, 2003 Section 2 INDUS Corporation 3 Document #: 1C129.0027 SA 001 V1.4 facilities from the Facility Registry System ( FRS) portion of the EF database. This limited information included only NPDES ID, Major Discharge Indicator, Facility Name, State, and Permit Type. States vary in the types of PCS permits they issue and not all of these permit types are considered nationally significant. As a result, not all facilities have current pipe schedule and current effluent parameter limit information stored in the National PCS ADABAS database. Of the 168,517 active facilities, 63,878 had at least one current pipe schedule and 61,276 had at least one current effluent parameter limit. Of the 6,833 Major facilities, 6,692 had at least one current pipe schedule and 6,685 had at least one current effluent parameter limit.

2.1.2. PCS, Industry Typical Pollutant Concentration Data These data were obtained from the EPA OECA/ OC/ EPTDD in the form of an excel spreadsheet. The spreadsheet contained TPC group code, SIC code, and estimated facility concentrations by PCS parameter. The spreadsheet contains 650 records representing unique occurrences of TPC code, SIC code, and special discharge activity code ( SDAC). It also contains 32 PCS parameters with estimated facility concentrations for each unique record.

For this analysis, only cells with a non null and non zero estimated facility loading value were used. The parameter code ( column) and SIC code ( row) associated with each of these cells was placed into the SIC_ PARAM_ LUT table along with the concentration and SDAC. This table will provide assumed discharges for PCS facilities based on the primary SIC code for each facility.

It should be noted that there are over 45,000 PCS facilities that have no SIC code assigned ( it is null in the database). All but 20 of these facilities are PCS minor facilities. Since the TPC parameters are assigned based on the SIC, these facilities are excluded from the universe of facilities for all TPC based phases of this analysis. The data quality for these facilities is somewhat lower than for the rest of the PCS facilities. Only about 16% of these facilities are indexed as compared to about 24% overall.

REFERENCE: Improving Point Source Loadings Data for Reporting National Water Quality Indicators   Tetra Tech, 2003 2.1.3. PCS, Reach Index Data The PCS pipe outfall locations were indexed to the NHD data consistent with the RAD version 2.0 NHD data from November 2002 through February 2003. Using latitude and longitude information from PCS, indexes of each pipe outfall location were created, except where no location data was available from PCS. In some cases, facility latitude and longitude information was used instead of pipe outfall specific location data. Details regarding the current indexing effort will be released under a different task. A similar process was applied to an earlier PCS indexing effort, and a description of that process can be found in the reference listed below. July 30, 2003 Section 2 INDUS Corporation 4 Document #: 1C129.0027 SA 001 V1.4 Reference: Identifying Source of Water Quality Impairments, RTI, July 2002.

2.1.4. Impaired Waters, Impairment Data The TMDL database in WATERS contains the state identified and EPA approved lists of impaired waters as identified under section 303( d) of the Clean Water Act, their water impairments and the approved Total Maximum Daily Load documents to describe the plan to address the impaired waters. Currently, data from three review cycles; 1996, 1998, and 2000 are contained within the database. Data for 2002 is currently under review by EPA but has not been released by EPA for inclusion within the database. For this analysis, only the current set of impaired listed waters and their impairments were used. Depending on the state, this data is from either a 1998 submitted list or a 2000 submitted list. When the state submits the list of impaired waters for EPA review and approval, it also identifies a list of biological and chemical impairments for each impaired water.

2.1.5. Impaired Waters, Reach Index Data Of the 22,041 current impaired waters in the WATERS database, 19,674 have been reached indexed. The reach indexing of these impaired waters was performed either directly by the states using a reach indexing tool provided by EPA or they were performed by an EPA contractor through a map interpolation of the impaired water from a marked map provided by the state. Only impaired waters that have been reach indexed were used for this analysis.

2.1.6. Fish Consumption Advisory Data The National Listing of Fish and Wildlife Advisories ( NLFWA) database includes all available information describing state, tribal, and federally issued fish consumption advisories in the United States for the 50 States, the District of Columbia, and four U. S. Territories, and in Canada for the 12 provinces and territories. The database contains information provided to EPA by the states, tribes, territories and Canada.

Further information regarding this data source will be gathered when the PCS and fish consumption part of the analysis is performed.

Reference: National Listing of Fish and Wildlife Consumption Advisories Web Page from the EPA/ OW website ( http:// map1. epa. gov/)

2.1.7. Fish Consumption Advisory, Reach Index Data The fish consumption advisory data has been reach indexed to the RAD V 2.0 NHD data. There are two distinct types of advisories that have been indexed: state wide advisories and individual waterbody advisories. For the purposes of this analysis, only the individual waterbody advisories will be considered. Further information regarding this July 30, 2003 Section 2 INDUS Corporation 5 Document #: 1C129.0027 SA 001 V1.4 data source will be gathered when the PCS and fish consumption part of the analysis is performed.

2.1.8. NHD Data The NHD database in WATERS called the RAD ( reach address database) contains a national seamless NHD feature database. In addition to feature classifications, names, and cartographic information, the RAD contains a nationally consistent flow network consisting of reaches, measures, and flow relationships. Using this feature of the NHD, water related data can be indexed to the NHD, and flow of water can be modelled, allowing relationships between any data indexed to the NHD to be evaluated.

2.2. Phase II Source Data 2.2.1. STORET The STORET warehouse or modernized STORET will be used as the source for parameter data associated with monitoring stations. Further requirements will need to be collected to determine the desired time frames for sample collection to be used in the analysis. In addition, time series analysis could be performed such as utilizing permit initiation dates to investigate changes in ambient water concentrations for permitted parameters, or to examine trends in water quality. These data will be documented completely when the requirements for this phase of the analysis are fully defined.

2.2.2. STORET, Reach Index Data The STORET database does not currently contain sampling station reach indexes, so a source of reach indexes for the sampling stations selected for this analysis will have to be identified. It is also possible that the necessary indexing work could be performed as part of this project, depending on resources, timing, and other work in progress for the STORET data.

3.0 Process Description The process steps executed for the analysis are described below. For each phase, an overview of the process is followed by a step by step discussion of the process. Throughout the step by step discussion, issues potentially impacting the quality of the analysis are raised.

3.1. Phase I This portion of the analysis focuses on building relationships between parameters discharged and the environmental impacts as measured by impaired waters and fish consumption advisories. There are two main components involved. First associations between the disparate categories of parameters from the three systems must be constructed. Second, the interactions between the discharge points and the impaired July 30, 2003 Section 3 INDUS Corporation 6 Document #: 1C129.0027 SA 001 V1.4 waterbodies in the water network must be calculated. The results of this phase of the analysis are reported as various potential relationships between the facilities and impairments.

3.1.1. Constructing Parameter Mappings PCS Parameters to Impaired Waters Impairments The following steps outline the process of generating a crosswalk from the PCS parameters to the impaired waters impairments. The final product from this project step will be a table showing all reasonable relationships between each PCS parameter and each impairment. This table will contain the PCS parameter code and the impaired waters impairment code.

The lists of parameters and impairments within the program databases have been developed independent of each other, and therefore a simple one to one relationship cannot be constructed for many parameters and impairments. In addition, within each database, there are some inconsistencies, such as impairments for " nutrients" as well as impairments for particular nutrients, such as " nitrate." As a result of these inconsistencies, the mappings created often map a single parameter to multiple impairments, and a single impairment to multiple parameters. In general, very similar parameters and impairments were mapped assuming that spurious relationships will be removed during the review of these processes.

The following steps were followed to create the crosswalk table:

1. An Oracle Intermedia Index ( full text) was created for the PCS Parameter Code Description and the 303( d) Impairment Description. 2. Lookup's were performed using the indexes between the two tables to create the initial crosswalk table. 1736 crosswalk relationships were initially created. 3. Using the list of parameters in the Typical Pollutant Concentration tables by SIC provided by Steve Rubin, we manually matched this list of PCS parameters to 303( d) impairments. 24 additional crosswalk relationships were manually identified. 4. Next we created a list of all remaining impairments for which there were no matching PCS parameters. This list was reviewed and where possible, we identified alternate search terms to use for matching with the PCS parameter descriptions. 114 additional crosswalk relationships where identified from the alternate search terms. 5. The alternate search terms were matched against the PCS parameter description index to identify additional matches. 1,369 additional crosswalk relationships were identified. 6. One of the 303( d) impairments is the general category of " NUTRIENTS". To match against this impairment, we used the list of nutrients in OST's Nutrient database matching the nutrient STORET code against the PCS parameter code. 51 additional crosswalk relationships were identified. July 30, 2003 Section 3 INDUS Corporation 7 Document #: 1C129.0027 SA 001 V1.4 7. The complete list of matches was manually reviewed and mis matches were manually deleted. 32 crosswalks were deleted. 8. In addition to the detailed 303( d) impairment to PCS Parameter Code crosswalk table, we also created a " rolled" up version from this table using a " Parent Master Impairment" identified in the 303( d) system. These parent master impairments represent general impairment categories that EPA uses for national reporting purposes.

Since this crosswalk is to be used as a screening tool, we did not exclude matches that we're not exact in creating our matches between the two systems. In particular, we did not delete matches between different isomers of a compound. There were other difficulties in matching some of the more general 303( d) impairment categories against specific PCS parameters. Other areas that will need to be reviewed concern the various impairments/ parameters of Nitrogen, Ammonia, Organic Pollutants ( Priority vs Non Priority) and Oxygen Demand.

PCS Parameters to Fish Consumption Pollutants When the fish consumption data is made available for this analysis, a specific process will be developed. The process is likely to be modelled from the PCS parameters to impaired waters impairments process discussed above.

3.1.2. Calculating Water Network Interactions One of the motivations for reach indexing water program information to NHD reaches is the ability to use these indexed data to quickly evaluate relationships between them. The process of determining the relationship between two reach indexed entities for this analysis will be a two part process. The tools necessary to navigate upstream and downstream in the WATERS NHD database have not been installed, so only PCS pipe locations falling directly onto impaired water segments will be evaluated for the first part of this analysis. As the tools become available in WATERS, an evaluation of PCS pipe locations upstream of 303( d) listed waters could be conducted and added to the initial results.

The measure and reach code for each PCS pipe index is matched against all from/ to measures and reach codes for 303( d) listed waters where the following are true, the PCS pipe location falls on an impaired water. 1) the PCS reach code = 303( d) reach code and 2) the PCS measure >= 303( d) from measure and 3) the PCS measure =< 303( d) to measure These selections were done using SQL in the RAD Oracle database.

3.1.3. Reporting Potential Relationships The creation of parameter/ impairment mappings and water network interactions facilitates the analysis of relationships between PCS information and water quality issues. Of particular interest for this analysis is the frequency of particular groups of PCS July 30, 2003 Section 3 INDUS Corporation 8 Document #: 1C129.0027 SA 001 V1.4 facilities or industry categories to particular water quality issues. Summaries of some of the types of relationships are presented in section 4, and the individual relationships determined during this analysis are provided in the related data files. Clearly, not all relationships of interest have been explored in this document, and further examination of the data may be conducted.

3.2. Phase II When phase II work begins, further research into analysis methods will be performed, and a detailed analysis approach will be developed at that time.

4.0 Results Summary The information presented here will provide an overview of the data. There are several types of summaries for each results section, and they are intended to illustrate the effectiveness of the analysis. Each portion of the analysis is separated into its own section.

As additional portions of the analysis are completed, the results sections will be updated with the appropriate information.

4.1. Phase I Results Summary The phase I analysis will not be completed until the navigation tools are available in the RAD, so the information here represents only the preliminary results. It is possible that significant amounts of information will be added when PCS pipe outfall locations upstream of impaired waters or fish consumption advisories are included. The pipe outfalls currently in the analysis results are likely to represent a majority of the most important facilities for these waters, however, care should be taken in extrapolating these results beyond their use as a targeting tool. No attempt to incorporate emission quantity, or evaluate cumulative effects on impaired segments has been included in this analysis. In addition, toxicity, human health risks, or other environmental impacts associated with these parameters and impairments have not been evaluated as part of this analysis.

Fish consumption results summary information will be added when access to the fish consumption data allows the necessary analysis to be performed.

4.1.1. PCS and Impaired Waters Results Summary The detailed data files containing specific facility, discharge, and parameter values for each case are not included in this document, although a description of the data files is included here. The summary tables that do appear in this section provide some information about the scope of co location of PCS discharges on impaired waters as well as some indication of the industry sectors that are most likely to be co located. As indicated in the data source and process method discussions above, the quality, July 30, 2003 Section 4 INDUS Corporation 9 Document #: 1C129.0027 SA 001 V1.4 completeness, and accuracy of the source program location data, the reach indexing data ( largely based on the location data), the parameter/ impairment crosswalk, and, for future analysis, the NHD network flow relationships have significant potential impact on the outcome of this analysis.

Section 1   Summary Results Table 1 provides an overview of the analysis results at a national level. Totals for facilities, outfalls, and parameter limits ( referred to generically as " objects" for the remainder of this discussion) are provided, as all three of these PCS levels are important to this analysis. For each level, the following summary totals are provided: total objects, total indexed objects, and total objects by 3 match types: on impaired segment, matched to detail impairment, and matched to master impairment. Totals are further categorized by objects associated with major facilities and objects related to minor facilities ( i. e., a parameter limit for a pipe schedule for a major facility would be counted in the PCS major category). Detailed descriptions for each row in table 1 are below.

Total All facilities, pipe schedules, and limits from the EnviroFacts extract ( Section 2.1.1) are tabulated by facility major/ minor code.

Total Indexed All indexed pipe schedules ( or their facility location surrogate) and their related facilities and limits are tabulated by EnviroFacts facility major/ minor code. Percentage of indexed over total.

On Impaired Segment All indexed pipe schedules ( or their facility location surrogate) and their related facilities and limits where the pipe schedule index point falls on an impaired water segment index. Percentage of co located over total indexed Matched to Detail Impairment For facilities, all TPC parameters for facilities where at least one discharge point was colocated with an impaired water were matched to the detailed impairments of that impaired water. Where both co location and parameter to impairment matching occurred at least once, that facility was counted. For discharge points and limits, a similar process was used, except that PCS limits for the facility ( all parameters at any discharge point were used to match to detail impairments at all discharge points) were matched against detailed impairments at co locations. Percentage of matched to detail impairment over co located.

Matched to Master Impairment For facilities, all TPC parameters for facilities where at least one discharge point was colocated with an impaired water were matched to the master impairments of that impaired water. Where both co location and parameter to impairment matching occurred at least once, that facility was counted. July 30, 2003 Section 4 INDUS Corporation 10 Document #: 1C129.0027 SA 001 V1.4 For discharge points and limits, a similar process was used, except that PCS limits for the facility ( all parameters at any discharge point were used to match to master impairments at all discharge points) were matched against detailed impairments at co locations. Percentage of matched to detail impairment over co located.

PCS Facilities PCS Discharge Points PCS Limits Total Total 168,517 Major 6,833 Minor 161,684 Total 131,515 Major 24,045 Minor 107,470 Total 1,411,285 Major 267,798 Minor 1,143,487 Total Indexed (% of Total) Total 74,480 ( 44%) Major 6,355 ( 93%) Minor 68,125 ( 42%) Total 81,901 ( 62%) Major 22,909 ( 95%) Minor 58,992 ( 55%) Total 680,959 ( 48%) Major 252,231 ( 94%) Minor 428,728 ( 38%) On Impaired Segment (% of Total Indexed) Total 17,511 ( 24%) Major 3,147 ( 50%) Minor 14,364 ( 21%) Total 31,338 ( 38%) Major 13,723 ( 60%) Minor 17,615 ( 30%) Total 251,162 ( 37%) Major 143,330 ( 57%) Minor 107,832 ( 25%) Matched to Detail Impairment (% of on Impaired) Total 4,904 ( 28%) Major 2,059 ( 65%) Minor 2,845 ( 20%) Total 7,765 ( 25%) Major 3,588 ( 26%) Minor 4,177 ( 24%) Total 14,308 ( 6%) Major 6,824 ( 5%) Minor 7,484 ( 7%) Matched to Master Impairment (% of on Impaired) Total 4,687 ( 27%) Major 1,664 ( 53%) Minor 3,023 ( 21%) Total 7,848 ( 25%) Major 3,436 ( 25%) Minor 4,412 ( 25%) Total 23,172 ( 9%) Major 11,815 ( 8%) Minor 11,357 ( 11%)

Table 1.0: PCS Facility, Discharge, and Limit Counts on Impaired Waters Section 2   Industry Classification Summaries The tables in this section are summarized by industry categories, and in each case show the industry categories most commonly co located with impaired water segments for each analysis. Only the top 10 or 11 industry classifications ( by 4 digit SIC) are shown in each table, and only industry classifications with at least 10 PCS facilities are considered. Below the tables, the total number of industries that were excluded due to small numbers of facilities in the PCS database associated with them is listed.

There are 6 sets of tables with facility counts summarized by industry classification ( four digit SIC code), with the themes representing: 1. Facilities on Impaired Waters; 2. Facility TPC Parameters on Detail Impairments; 3. Facility TPC Parameters on Master Impairments; 4. Facility Limit Parameters on Detail Impairments; 5. Facility Limit Parameters on Master Impairments; and 6. Facility TPC or Limit Parameters on Master or Detail Impairments.

For the first five sets of tables, there are 3 tables in each set: a. Rank by Percent Indexed b. Rank by Percent of All Facilities c. Rank by Count For the last set of tables, there are only two tables with: a. Rank by Percent Indexed; and July 30, 2003 Section 4 INDUS Corporation 11 Document #: 1C129.0027 SA 001 V1.4 b. Rank by Count.

Note that for all industry classification summaries and especially any TPC based analysis, more than 45,000 facilities with no reported facility SIC code are excluded from the analysis ( see Section 2.1.2).

Facilities on Impaired Waters by Total Indexed Facilities (%) ( 3) Facilities on Impaired Waters ( 4) Total Indexed Facilities Total Facilities ( 6) SIC Rank (%) in All Facilities ( 5)

67% 8 12 18 4449 3 ( 44%) 65 11 17 31 4492 11 ( 35) 58 19 33 38 3316 2 ( 50) 56 15 27 34 2812 3 ( 44) 54 7 13 16 2295 3 ( 44) 52 12 23 39 4499 14 ( 31) 50 5 10 39 3822 32 ( 13) 50 78 157 188 3312 5 ( 41) 50 9 18 22 3297 5 ( 41) 50 6 12 20 3366 15 ( 30) 50 27 54 69 2865 7 ( 39) 50 78 156 204 3731 8 ( 38) 50 7 14 19 2032 9 ( 37)

Table 2.1a: Facilities on Impaired Waters, Rank by Percent of Indexed * Industry classes with fewer than 10 indexed PCS facilities were not included in this table. 192 industry classes were excluded including 308 total facilities. July 30, 2003 Section 4 INDUS Corporation 12 Document #: 1C129.0027 SA 001 V1.4 Facilities on Impaired Waters by Total Facilities (%) ( 3) Facilities on Impaired Waters ( 4) Total Facilities SIC Rank (%) in All Indexed Facilities ( 1), ( 5)

60 6 10 2062 XX 50 19 38 3316 3 ( 58) 50 5 10 5085 XX 44 15 34 2812 4 ( 56) 44 8 18 4449 1 ( 67) 44 7 16 2295 5 ( 54) 42 22 53 4961 8 ( 49) 41 9 22 3297 7 ( 50) 41 13 32 2046 9 ( 48) 41 78 188 3312 7 ( 50)

Table 2.1b: Facilities on Impaired Waters, Rank by Percent of All Facilities * Industry classes with fewer than 10 PCS facilities were not included in this table. 133 industry classes were excluded including 187 total facilities.

Facilities on Impaired Waters SIC 4263 4952 433 4911 411 4941 329 5171 313 5541 256 3273 254 1221 177 1422 166 1611 126 6514 126 4953 Table 2.1c: Facilities on Impaired Waters, Rank by Count * Excludes 1184 facilities with no SIC recorded and 133 that were classified as Nonclassifiable Establishments. July 30, 2003 Section 4 INDUS Corporation 13 Document #: 1C129.0027 SA 001 V1.4 Facilities Matched by TPC to Detailed Impairment by Indexed Facilities (%) ( 3) Facilities Matched by TPC to Detailed Impairment ( 4) Total Indexed Facilities Total Facilities ( 6) SIC Rank (%) in All Facilities ( 5)

43 10 23 39 4499 3 ( 26) 34 53 156 204 3731 3 ( 26) 33 10 30 31 2874 1 ( 32) 33 11 33 38 3316 2 ( 29) 31 4 13 20 7353 8 ( 20) 31 4 13 53 1021 20 ( 8) 29 35 120 173 4491 8 ( 20) 29 5 17 23 3356 6 ( 22) 29 45 157 188 3312 4 ( 24) 29 7 24 30 1475 5 ( 23)

Table 2.2a: Facility TPC Parameters on Detail Impairments, Rank by Percent of Indexed * Industry classes with fewer than 10 indexed PCS facilities were not included in this table. 66 industry classes were excluded including 81 total facilities.

Facilities Matched by TPC to Detailed Impairment by Total Facilities (%) ( 3) Facilities Matched by TPC to Detailed Impairment ( 4) Total Facilities SIC Rank (%) in All Indexed Facilities ( 1), ( 5)

32 10 31 2874 3 ( 33) 29 11 38 3316 3 ( 33) 26 53 204 3731 2 ( 34) 26 10 39 4499 1 ( 43) 24 45 188 3312 5 ( 29) 23 7 30 1475 5 ( 29) 23 9 39 2816 6 ( 25) 22 5 23 3356 5 ( 29) 21 4 19 3111 7 ( 24) 21 3 14 2241 XX 21 3 14 3313 6 ( 25) 21 6 29 3339 7( 24)

Table 2.2b: Facility TPC Parameters on Detail Impairments, Rank by Percent of All Facilities * Industry classes with fewer than 10 PCS facilities were not included in this table. 39 industry classes were excluded including 44 total facilities. July 30, 2003 Section 4 INDUS Corporation 14 Document #: 1C129.0027 SA 001 V1.4 Facilities Matched by TPC to Detailed Impairment SIC 1905 4952 154 5541 147 4911 135 5171 105 4941 85 1221 76 3273 65 1611 53 3731 50 4953 50 1422 Table 2.2c: Facility TPC Parameters on Detail Impairments, Rank by Count * Excluded 57 facilities classified as Nonclassifiable Establishments. All facilities had a recorded SIC.

Facilities Matched by TPC to Master Impairment by Indexed Facilities (%) ( 3) Facilities Matched by TPC to Master Impairment ( 4) Total Indexed Facilities Total Facilities ( 6) SIC Rank (%) in All Facilities ( 5)

41 7 17 23 3356 2 ( 30) 36 12 33 38 3316 1 ( 32) 32 51 157 188 3312 3 ( 27) 29 15 51 63 3399 5 ( 24) 28 15 54 69 2865 6 ( 22) 27 3 11 28 1622 16 ( 11) 27 8 30 31 2874 4 ( 26) 25 6 24 30 1475 8 ( 20) 25 3 12 14 3313 7 ( 21) 25 5 20 24 3211 7 ( 21) 25 3 12 20 3366 12 ( 15) 25 3 12 18 4449 11 ( 17) 25 39 156 204 3731 9 ( 19)

Table 2.3a: Facility TPC Parameters on Master Impairments, Rank by Percent of Indexed * Industry classes with fewer than 10 indexed PCS facilities were not included in this table. 68 industry classes were excluded including 80 total facilities. July 30, 2003 Section 4 INDUS Corporation 15 Document #: 1C129.0027 SA 001 V1.4 Facilities Matched by TPC to Master Impairment by Total Facilities (%) ( 3) Facilities Matched by TPC to Master Impairment ( 4) Total Facilities SIC Rank (%) in All Indexed Facilities ( 1),

( 5)

32 12 38 3316 2 ( 36) 30 7 23 3356 1 ( 41) 27 51 188 3312 3 ( 32) 26 8 31 2874 6 ( 27) 24 15 63 3399 4 ( 29) 22 15 69 2865 5 ( 28) 21 3 14 3313 7 ( 25) 21 5 24 3211 7 ( 25) 20 2 10 3629 XX 20 6 30 1475 7 ( 25) 20 2 10 3483 XX Table 2.3b: Facility TPC Parameters on Master Impairments, Rank by Percent of All Facilities * Industry classes with fewer than 10 PCS facilities were not included in this table. 55 industry classes were excluded including 75 total facilities.

Facilities Matched by TPC to Master Impairment SIC 1729 4952 150 4941 143 5541 142 1221 136 4911 111 5171 76 3273 64 1611 61 4953 55 5093 Table 2.3c: Facility TPC Parameters on Master Impairments, Rank by Count * All facilities had a recorded SIC and there were no facilities classified as Nonclassifiable Establishments in the top 10. July 30, 2003 Section 4 INDUS Corporation 16 Document #: 1C129.0027 SA 001 V1.4 Facilities Matched by Limits to Detail Impairment by Indexed Facilities (%) ( 3) Facilities Matched by Limits to Detail Impairment ( 4) Total Indexed Facilities Total Facilities with at Least One Limit ( 6) Total Facilities ( 6) SIC Rank (%) in All Facilities with a Limit ( 5)

45 5 11 12 23 3356 1 ( 42) 33 8 24 25 31 2874 2 ( 32) 31 38 123 130 188 3312 4 ( 29) 30 26 86 117 377 2092 9 ( 22) 29 6 21 22 30 1475 5 ( 27) 28 5 18 23 34 3274 9 ( 22) 28 7 25 26 30 3334 5 ( 27) 28 7 25 36 82 2077 12 ( 19) 27 4 15 16 26 1479 6 ( 25) 27 3 11 13 34 3448 8 ( 23)

Table 2.4a: Facility Limit Parameters on Detail Impairments, Rank by Percent of Indexed * Industry classes with fewer than 10 indexed PCS facilities that had at least one limit were not included in this table. 100 industry classes were excluded including 118 total facilities.

Facilities Matched by Limits to Detail Impairment by Total Facilities (%) ( 3) Facilities Matched by Limits to Detail Impairment ( 4) Total Facilities with at Least One Limit Total Facilities ( 6) SIC Rank (%) in All Indexed Facilities with a Limit ( 2), ( 5)

42 5 12 23 3356 1 ( 45) 32 8 25 31 2874 2 ( 33) 30 3 10 16 2295 XX 29 38 130 188 3312 3 ( 31) 27 7 26 30 3334 6 ( 28) 27 6 22 30 1475 5 ( 29) 25 4 16 26 1479 7 ( 27) 24 4 17 23 2861 9 ( 25) 23 5 22 38 3316 8 ( 26) 23 3 13 34 3448 7 ( 27)

Table 2.4b: Facility Limit Parameters on Detail Impairments, Rank by Percent of All Facilities * Industry classes with fewer than 10 PCS facilities that had at least one limit were not included in this table. 80 industry classes were excluded including 92 total facilities. July 30, 2003 Section 4 INDUS Corporation 17 Document #: 1C129.0027 SA 001 V1.4 Facilities Matched by Limits to Detail Impairment SIC 1467 4952 109 4911 72 4941 56 5171 51 3273 47 1422 40 5541 38 3312 38 1221 35 4953 Table 2.4c: Facility Limit Parameters on Detail Impairments, Rank by Count * Excludes 47 facilities with no SIC recorded and 25 facilities classified as Nonclassifiable Establishments.

Facilities Matched by Limits to Master Impairment by Indexed Facilities (%) ( 3) Facilities Matched by Limits to Master Impairment ( 4) Total Indexed Facilities with at Least One Limit Total Facilities with at Least One Limit ( 6) Total Facilities ( 6) SIC Rank (%) in All Facilities with at least one Limit ( 5)

55 6 11 12 23 3356 2 ( 50) 46 6 13 15 24 3211 4 ( 40) 45 5 11 11 23 2273 3 ( 45) 42 8 19 22 38 3316 7 ( 36) 41 51 123 130 188 3312 5 ( 39) 40 10 25 36 82 2077 12 ( 28) 39 14 36 38 69 2865 6 ( 37) 38 5 13 14 29 3353 7 ( 36) 35 9 26 28 34 2812 8 ( 32) 33 8 24 25 31 2874 8 ( 32) 33 6 18 23 34 3274 14 ( 26) 33 5 15 16 26 1479 9 ( 31) 33 4 12 16 236 3732 15 ( 25)

Table 2.5a: Facility Limit Parameters on Master Impairments, Rank by Percent of Indexed * Industry classes with fewer than 10 indexed PCS facilities that had at least one limit were not included in this table. 139 industry classes were excluded including 189 total facilities. July 30, 2003 Section 4 INDUS Corporation 18 Document #: 1C129.0027 SA 001 V1.4 Facilities Matched by Limits to Master Impairment by Total Facilities (%) ( 3) Facilities Matched by Limits to Master Impairment ( 4) Total Facilities with at Least One Limit Total Facilities ( 6) SIC Rank (%) in Total Indexed Facilities with at Least One Limit ( 2), ( 5)

60 6 10 16 2295 XX 50 6 12 23 3356 1 ( 55) 45 5 11 23 2273 3 ( 45) 40 6 15 24 3211 2 ( 46) 40 4 10 14 3313 XX 39 51 130 188 3312 5 ( 41) 37 14 38 69 2865 7 ( 39) 36 8 22 38 3316 4 ( 42) 36 5 14 29 3353 8 ( 38) 32 9 28 34 2812 9 ( 35) 32 8 25 31 2874 10 ( 33)

Table 2.5b: Facility Limit Parameters on Master Impairments, Rank by Percent of All Facilities * Industry classes with fewer than 10 PCS facilities that had at least one limit were not included in this table. 109 industry classes were excluded including 143 total facilities.

Facilities Matched by Limits to Master Impairment SIC 2595 4952 172 4911 129 4941 114 6514 109 3273 97 5171 80 1422 70 5541 66 1221 59 6552 Table 2.5c: Facility Limit Parameters on Master Impairments, Rank by Count * Excludes 91 facilities with no SIC recorded. There were no facilities classified as Nonclassifiable Establishments in the top 10. July 30, 2003 Section 4 INDUS Corporation 19 Document #: 1C129.0027 SA 001 V1.4 Facilities Matched by Limits or TPC to Detail or Master Impairment by Indexed Facilities (%) ( 3) Facilities Matched by Limits or TPC to Detail or Master Impairment ( 4) Major Facilities Matched by Limits or TPC to Detail or Master Impairment ( 6) Facilities Indexed Total Major Facilities Indexed ( 6) Total Facilities ( 6) Total Major Facilities ( 6) SIC 48 26 11 54 23 69 23 2865 48 13 7 27 16 34 16 2812 41 65 43 157 73 188 73 3312 39 13 7 33 11 38 11 3316 35 69 39 195 108 252 115 2911 33 10 5 30 14 31 14 2874 32 8 3 25 13 29 13 3339 32 23 12 72 44 84 44 2631 31 11 4 36 15 39 15 2816 31 4 3 13 10 53 12 1021 Table 2.6a: Facility TPC or Limit Parameters on Master or Detail Impairments, Rank by Percent Indexed * Percent_ rnd in this table is the result of Matched/ Indexed. No exclusions were made in this table based on the number of facilities.

Facilities Matched by Limits or TPC to Detail or Master Impairment by Indexed Facilities (%) ( 3) Facilities Matched by Limits or TPC to Detail or Master Impairment ( 4) Major Facilities Matched by Limits or TPC to Detail or Master Impairment ( 6) Facilities Indexed Total Major Facilities Indexed ( 6) Total Facilities ( 6) Total Major Facilities ( 6) SIC 18 3555 1259 19458 4098 30176 4338 4952 20 253 152 1249 551 1537 572 4911 12 243 2 2029 9 2845 15 4941 16 239 1488 2205 5541 19 221 4 1147 5 1840 7 5171 12 201 3 1608 14 4550 16 1221 13 159 1243 2283 2 3273 8 130 1646 2453 1611 10 126 1254 1371 6514 7 102 1551 6 1880 6 1422 Table 2.6b: Facility TPC or Limit Parameters on Master or Detail Impairments, Rank by Count July 30, 2003 Section 4 INDUS Corporation 20 Document #: 1C129.0027 SA 001 V1.4 Notes: ( 1) SIC Codes marked with XX for the rank/ percent column had less than ten facilities indexed and were therefore excluded from the indexed table. ( 2) SIC Codes marked with XX for the rank/ percent column had less than ten facilities that were indexed with at least one limit and were therefore excluded from the Indexed table. ( 3) Percentages are calculated using the second and third columns in the table ([ second/ third]* 100). All percentages have been rounded to the nearest integer. ( 4) Counts are by facility, with any facility only counted once even if the facility meets the criteria more than once. ( 5) Shows rank ( percent) for that SIC code from the companion percent table. ( 6) Were not used for percentage calculations for these tables. Provided as an additional reference only.

Section 3  Datafile Descriptions The excel workbook PCS_ 303D_ Overlap. xls contains five spreadsheets. Each worksheet has selected columns from the PCS and 303( d) databases, and one row for each unique overlap combination. Note that all overlaps with impairments may contain multiple records for each 303( d) list ID ( impaired segment) as each segment can have multiple impairments. The five sheets are described below in Table 3.0.

Worksheet Description Pcs_ 303d_ overlap Any PCS facility with one or more pipe outfall location overlapping a 303( d) listed water event is listed here. No PCS parameter or TPC information and no 303( d) impairment information was considered for this table. Selected PCS facility and 303( d) listed water data elements are represented. Pcs_ 303d_ overlap_ tpc2DetImp Using the detailed 303( d) impairment and the TPC parameters for PCS facilities, all pipe outfall and 303( d) listed water overlaps were examined. Where a detailed impairment was matched to a TPC parameter for the parent facility SIC code, that information was listed here. NOTES:

For each listed water, there may be multiple impairments

For each facility there may be multiple TPC parameters

Each parameter ( or impairment) may be mapped to more than one impairment ( or parameter) This may result in multiple records for both PCS facilities and 303( d) listed waters. Pcs_ 303d_ overlap_ tpc2MasImp Using the master 303( d) impairment and the TPC parameters for PCS facilities, all pipe outfall and 303( d) listed water overlaps were examined. Where a detailed impairment was matched to a TPC parameter for the parent facility SIC code, that information was listed here. NOTES:

For each listed water, there may be multiple master impairments

For each facility there may be multiple TPC parameters

Each parameter ( or master impairment) may be mapped to more than one master impairment ( or parameter) This may result in multiple records for both PCS facilities and 303( d) listed waters. July 30, 2003 Section 4 INDUS Corporation 21 Document #: 1C129.0027 SA 001 V1.4 Worksheet Description Pcs_ 303d_ overlap_ PipeDetImp Using the detailed 303( d) impairment and the PCS pipe limits, all pipe outfall and 303( d) listed water overlaps were examined. Where a detailed impairment was matched to a pipe limit parameter for the pipe outfall, that information was listed here. NOTES:

For each listed water, there may be multiple impairments

For each pipe outfall there may be multiple limit parameters

Each parameter ( or impairment) may be mapped to more than one impairment ( or parameter) This may result in multiple records for both PCS pipe outfalls and 303( d) listed waters. Pcs_ 303d_ overlap_ PipeMasImp Using the master 303( d) impairment and the PCS pipe limits, all pipe outfall and 303( d) listed water overlaps were examined. Where a master impairment was matched to a pipe limit parameter for the pipe outfall, that information was listed here. NOTES:

For each listed water, there may be multiple master impairments

For each pipe outfall there may be multiple limit parameters

Each parameter ( or master impairment) may be mapped to more than one master impairment ( or parameter) This may result in multiple records for both PCS pipe outfalls and 303( d) listed waters.

Table 3.0: Datafile Descriptions 4.1.2. PCS and Fish Consumption Advisories Results Summary This portion of the analysis has not yet begun.

4.2. Phase II Results Summary This portion of the analysis has not yet begun.


[Federal Register Volume 86, Number 107 (Monday, June 7, 2021)]
[Rules and Regulations]
[Pages 30184-30190]
[FR Doc No: 2021-11765]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 9 and 721

[EPA-HQ-OPPT-2020-0251; FRL-10021-77]
RIN 2070-AB27

Significant New Use Rules on Certain Chemical Substances (20-6.B)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is issuing significant new use rules (SNURs) under the
Toxic Substances Control Act (TSCA) for chemical substances which were
the subject of premanufacture notices (PMNs). This action requires
persons to notify EPA at least 90 days before commencing manufacture
(defined by statute to include import) or processing of any of these
chemical substances for an activity that is designated as a significant
new use by this rule. This action further requires that persons not
commence manufacture or processing for the significant new use until
they have submitted a Significant New Use Notice (SNUN), EPA has
conducted a review of the notice, made an appropriate determination on
the notice, and has taken any risk management actions as are required
as a result of that determination.

DATES: This rule is effective on August 6, 2021. For purposes of
judicial review, this rule shall be promulgated at 1 p.m. (e.s.t.) on
June 21, 2021.

FOR FURTHER INFORMATION CONTACT: For technical information contact:
William Wysong, New Chemicals Division (7405M), Office of Pollution
Prevention and Toxics, Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC 20460-0001; telephone number:
(202) 564-4163; 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. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you manufacture,
process, or use the chemical substances contained in this rule. The
following list of North American Industrial Classification System
(NAICS) codes is not intended to be exhaustive, but rather

provides a guide to help readers determine whether this document
applies to them. Potentially affected entities may include:
     Manufacturers or processors of one or more subject
chemical substances (NAICS codes 325 and 324110), e.g., chemical
manufacturing and petroleum refineries.
    This action may also affect certain entities through pre-existing
import certification and export notification rules under TSCA, which
would include the SNUR requirements. Chemical importers are subject to
the TSCA section 13 (15 U.S.C. 2612) import provisions. The EPA policy
in support of import certification appears at 40 CFR part 707, subpart
B. In addition, pursuant to 40 CFR 721.20, any persons who export or
intend to export a chemical substance that is the subject of this rule
are subject to the export notification provisions of TSCA section 12(b)
(15 U.S.C. 2611(b)), and must comply with the export notification
requirements in 40 CFR part 707, subpart D.

B. How can I access the docket?

    The docket includes information considered by the Agency in
developing the proposed and final rules. The docket for this action,
identified by docket identification (ID) number EPA-HQ-OPPT-2020-0251,
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<PHONE_NUMBER>, and the telephone number for the OPPT
Docket is<PHONE_NUMBER>. Please review the visitor instructions and
additional information about the docket available at http://www.epa.gov/dockets.
    Due to the public health emergency, the EPA Docket Center (EPA/DC)
and Reading Room is closed to visitors with limited exceptions. The
staff continues to provide remote customer service via email, phone,
and webform. For the latest status information on EPA/DC services and
docket access, visit https://www.epa.gov/dockets.

II. Background

A. What action is the Agency taking?

    EPA is finalizing SNURs under TSCA section 5(a)(2) for chemical
substances which were the subject of PMNs P-18-151, P-18-271, P-19-19,
P-19-88, P-19-109, P-20-36, P-20-37, and P-20-38. These SNURs require
persons who intend to manufacture or process any of these chemical
substances for an activity that is designated as a significant new use
to notify EPA at least 90 days before commencing that activity.
    Previously, in the Federal Register of June 15, 2020 (85 FR 36175)
(FRL-10010-40), EPA proposed SNURs for these chemical substances in 40
CFR part 721 subpart E. More information on the specific chemical
substances subject to this final rule can be found in the Federal
Register documents proposing the SNURs. The record for these SNURs was
established in the docket under docket ID number EPA-HQ-OPPT-2020-0251.
That docket includes information considered by the Agency in developing
the proposed and final rules. EPA received public comments on this
rule, as described in Unit IV.

B. What is the Agency's authority for taking this action?

    TSCA section 5(a)(2) (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 the four TSCA section 5(a)(2) factors
listed in Unit III.

C. How do the of general provisions apply to this action?

    General provisions for SNURs appear in 40 CFR part 721, subpart A.
These provisions describe persons subject to the rule, recordkeeping
requirements, exemptions to reporting requirements, and applicability
of the rule to uses occurring before the effective date of the rule.
Provisions relating to user fees appear at 40 CFR part 700. Pursuant to
40 CFR 721.1(c), persons subject to these SNURs must comply with the
same SNUN requirements and EPA regulatory procedures as submitters of
PMNs under TSCA section 5(a)(1)(A) (15 U.S.C. 2604(a)(1)(A)). In
particular, these requirements include the information submission
requirements of TSCA sections 5(b) and 5(d)(1) (15 U.S.C. 2604(b) and
2604(d)(1)), the exemptions authorized by TSCA sections 5(h)(1),
5(h)(2), 5(h)(3), and 5(h)(5) and the regulations at 40 CFR part 720.
Once EPA receives a SNUN, EPA must either determine that the
significant new use is not likely to present an unreasonable risk of
injury or take such regulatory action as is associated with an
alternative determination before manufacture or processing for the
significant new use can commence. If EPA determines that the
significant new use is not likely to present an unreasonable risk, EPA
is required under TSCA section 5(g) to make public, and submit for
publication in the Federal Register, a statement of EPA's findings.

III. Significant New Use Determination

A. Determination Factors

    TSCA section 5(a)(2) 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 determining 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, and
potential human exposures and environmental releases that may be
associated with the substances, in the context of the four bulleted
TSCA section 5(a)(2) factors listed in this unit. During its review of
these chemicals, EPA identified certain conditions of use that are not
intended by the submitters, but reasonably foreseen to occur. EPA is
designating those reasonably foreseen conditions of use as well as
certain other circumstances of use as significant new uses.

B. Procedures for Significant New Uses Claimed as Confidential Business
Information (CBI)

    By this rule, EPA is establishing certain significant new uses
which have been claimed as CBI subject to Agency confidentiality
regulations at 40 CFR part 2 and 40 CFR part 720, subpart E. Absent a
final determination or other disposition of the confidentiality claim
under 40 CFR part 2 procedures, EPA is required to keep this
information confidential. EPA promulgated a procedure to deal with the
situation where a specific significant new use is CBI, at 40 CFR
721.1725(b)(1) and has referenced it to apply to other SNURs.
    Under these procedures a manufacturer or processor may request

EPA to determine whether a specific use would be a significant new use
under the rule. The manufacturer or processor must show that it has a
bona fide intent to manufacture or process the chemical substance and
must identify the specific use for which it intends to manufacture or
process the chemical substance. If EPA concludes that the person has
shown a bona fide intent to manufacture or process the chemical
substance, EPA will tell the person whether the use identified in the
bona fide submission would be a significant new use under the rule.
Since most of the chemical identities of the chemical substances
subject to these SNURs are also CBI, manufacturers and processors can
combine the bona fide submission under the procedure in 40 CFR
721.1725(b)(1) with that under 40 CFR 721.11 into a single step.
    If EPA determines that the use identified in the bona fide
submission would not be a significant new use, i.e., the use does not
meet the criteria specified in the rule for a significant new use, that
person can manufacture or process the chemical substance so long as the
significant new use trigger is not met. In the case of a production
volume trigger, this means that the production volume limit is not
exceeded by the amount identified in the bona fide submission to EPA.
Because of confidentiality concerns, EPA does not typically disclose
the actual production volume that constitutes the use trigger. Thus, if
the person later intends to exceed that volume, a new bona fide
submission would be necessary to determine whether that higher volume
would be a significant new use.

IV. Public Comments on Proposed Rule and EPA Responses

    EPA received public comments from four identifying entities on the
proposed rule. The Agency's responses to three of these comments are
described in a separate Response to Public Comments document that is
available in the public docket for this rulemaking. EPA made changes to
one of the proposed rules, as described in the response to comments.
EPA also received three anonymous comments. These three anonymous
comments and the fourth identifying entity comment were general in
nature and did not pertain to the proposed rule; therefore, no response
is required.

V. Substances Subject to This Rule

    EPA is establishing significant new use and recordkeeping
requirements for chemical substances in 40 CFR part 721, subpart E. In
Unit IV. of the proposed SNUR, EPA provided the following information
for each chemical substance:
     PMN number.
     Chemical name (generic name, if the specific name is
claimed as CBI).
     Chemical Abstracts Service (CAS) Registry number (if
assigned for non-confidential chemical identities).
     Basis for the SNUR.
     Potentially Useful Information.
     CFR citation assigned in the proposed regulatory text, and
the final citation assignment is in the regulatory text section of this
final rule.
    The regulatory text section of these rules specifies the activities
designated as significant new uses. Certain new uses, including
production volume limits and other uses designated in the rules, may be
claimed as CBI.

VI. Rationale and Objectives of the Rule

A. Rationale

    During review of the PMNs submitted for the chemical substances
that are the subject of these SNURs and as further discussed in Unit
IV. of the proposed rule, EPA identified certain other reasonably
foreseen conditions of use in addition to those conditions of use
intended by the submitter. EPA has determined that the chemical under
the intended conditions of use is not likely to present an unreasonable
risk. However, EPA has not assessed risks associated with the
reasonably foreseen conditions of use. EPA is designating these
conditions of use as well as certain other circumstances of use as
significant new uses. As a result, those significant new uses cannot
occur without going through a separate, subsequent EPA review and
determination process associated with a SNUN.

B. Objectives

    EPA is issuing these SNURs because the Agency wants:
     To 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.
     To be obligated to make a determination under TSCA section
5(a)(3) regarding the use described in the SNUN, under the conditions
of use. The Agency will either determine under TSCA section 5(a)(3)(C)
that the significant new use is not likely to present an unreasonable
risk, including an unreasonable risk to a potentially exposed or
susceptible subpopulation identified as relevant by the Administrator
under the conditions of use, or make a determination under TSCA section
5(a)(3)(A) or (B) and take the required regulatory action associated
with the determination, before manufacture or processing for the
significant new use of the chemical substance can occur.
     To be able to complete its review and determination on
each of the PMN substances, while deferring analysis on the significant
new uses proposed in these rules unless and until the Agency receives a
SNUN.
    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 https://www.epa.gov/tsca-inventory.

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

    To establish a significant new use, EPA must determine that the use
is not ongoing. The chemical substances subject to this rule were
undergoing premanufacture review at the time of signature of the
proposed rule and were not on the TSCA inventory. In cases where EPA
has not received a notice of commencement (NOC) and the chemical
substance has not been added to the TSCA Inventory, no person may
commence such activities without first submitting a PMN. Therefore, for
the chemical substances subject to these SNURs EPA concluded at the
time of signature of the proposed rule that the designated significant
new uses were not ongoing.
    EPA designated June 2, 2020 (the date of the web posting of the
proposed rule) as the cutoff date for determining whether the new use
is ongoing. The objective of EPA's approach is to ensure that a person
cannot defeat a SNUR by initiating a significant new use before the
effective date of the final rule.
    Persons who began commercial manufacture or processing of the
chemical substances for a significant new use identified on or after
that date will have to cease any such activity upon the effective date
of the final rule. To resume their activities, these persons would have
to first comply with all applicable SNUR notification requirements and
EPA would have to take action under section 5 allowing manufacture or
processing to proceed.

VIII. Development and Submission of Information

    EPA recognizes that TSCA section 5 does not require development of
any particular new information (e.g., generating test data) before
submission

of a SNUN. There is an exception: If a person is required to submit
information for a chemical substance pursuant to a rule, Order or
consent agreement under TSCA section 4 (15 U.S.C. 2603), then TSCA
section 5(b)(1)(A) (15 U.S.C. 2604(b)(1)(A)) requires such information
to be submitted to EPA at the time of submission of the SNUN.
    In the absence of a rule, Order, or consent agreement under TSCA
section 4 covering the chemical substance, persons are required only to
submit information in their possession or control and to describe any
other information 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. Unit IV. of the proposed rule
lists potentially useful information for all SNURs listed here.
Descriptions are provided for informational purposes. The potentially
useful information identified in Unit IV. of the proposed rule will be
useful to EPA's evaluation in the event that someone submits a SNUN for
the significant new use. Companies who are considering submitting a
SNUN are encouraged, but not required, to develop the information on
the substance, which may assist with EPA's analysis of the SNUN.
    EPA strongly encourages persons, before performing any testing, to
consult with the Agency pertaining to protocol election. Furthermore,
pursuant to TSCA section 4(h), which pertains to reduction of testing
in vertebrate animals, EPA encourages consultation with the Agency on
the use of alternative test methods and strategies (also called New
Approach Methodologies, or NAMs), if available, to generate the
recommended test data. EPA encourages dialog with Agency
representatives to help determine how best the submitter can meet both
the data needs and the objective of TSCA section 4(h).
    The potentially useful information described in Unit IV. of the
proposed rule may not be the only means of providing information to
evaluate the chemical substance associated with the significant new
uses. However, submitting a SNUN without any test data may increase the
likelihood that EPA will take action under TSCA sections 5(e) or 5(f).
EPA recommends that potential SNUN submitters contact EPA early enough
so that they will be able to conduct the appropriate tests.
    SNUN submitters should be aware that EPA will be better able to
evaluate SNUNs which provide detailed information on the following:
     Human exposure and environmental release that may result
from the significant new use of the chemical substances.

IX. SNUN Submissions

    According to 40 CFR 721.1(c), persons submitting a SNUN must comply
with the same notification 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 720.40 and 721.25. E-PMN software is available
electronically at https://www.epa.gov/reviewing-new-chemicals-under-toxic-substances-control-act-tsca.

X. Economic Analysis

    EPA has evaluated the potential costs of establishing SNUN
requirements for potential manufacturers and processors of the chemical
substances subject to this rule. EPA's complete economic analysis is
available in the docket for this rulemaking.

XI. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive orders
can be found at https://www.epa.gov/laws-regulations-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulations and Regulatory Review

    This action establishes SNURs for new chemical substances that were
the subject of PMNs. The Office of Management and Budget (OMB) has
exempted these types of actions from review under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011).

B. Paperwork Reduction Act (PRA)

    According to 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.
    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.
    The listing of the OMB control numbers of the collection
instruments and their subsequent codification in the table in 40 CFR
9.1 satisfies the display requirements of the PRA and OMB's
implementing regulations at 5 CFR part 1320. Since this ICR was
previously subject to public notice and comment prior to OMB approval,
and given the technical nature of the table in 40 CFR part 9, 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 in 40 CFR 9.1 without further notice
and comment.

C. Regulatory Flexibility Act (RFA)

    Pursuant to RFA section 605(b) et seq., I hereby certify that
promulgation of this SNUR would not have a significant adverse economic
impact on a substantial number of small entities. The requirement to
submit a SNUN applies to any person (including small or large entities)
who intends to engage in any activity described in the final rule as a
``significant new use''. Because these uses are ``new,'' based on all
information currently available to EPA, it appears that no small or
large entities presently engage in such activities. A SNUR requires
that any person who intends to engage in such activity in the future
must first notify EPA by submitting a SNUN. Although some small
entities may decide to pursue a significant new use in the future, EPA
cannot presently determine how many, if any, there may be. However,
EPA's experience to date is that, in response to the promulgation of
SNURs covering over 1,000 chemicals, the Agency receives only a small
number of notices per year. For example, the number of SNUNs received
was seven in Federal fiscal year (FY) 2013, 13 in FY2014, six in
FY2015, 12 in FY2016, 13 in FY2017, and 11 in FY2018. Only a fraction
of these were from small businesses. In addition, the Agency currently
offers relief to qualifying small businesses by reducing the SNUN
submission fee from

$16,000 to $2,800. This lower fee reduces the total reporting and
recordkeeping of cost of submitting a SNUN to about $10,116 for
qualifying small firms. Therefore, the potential economic impacts of
complying with this SNUR are not expected to be significant or
adversely impact a substantial number of small entities. In a SNUR that
published in the Federal Register of June 2, 1997 (62 FR 29684) (FRL-
5597-1), the Agency presented its general determination that final
SNURs are not expected to have a significant economic impact on a
substantial number of small entities, which was provided to the Chief
Counsel for Advocacy of the Small Business Administration.

D. Unfunded Mandates Reform Act (UMRA)

    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 action. As
such, EPA has determined that this action does not impose any
enforceable duty, contain any unfunded mandate, or otherwise have any
effect on small governments subject to the requirements of UMRA
sections 202, 203, 204, or 205 (2 U.S.C. 1501 et seq.).

E. Executive Order 13132: Federalism

    This action will not have federalism implications because it is not
expected to 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 (64 FR 43255, August
10, 1999).

F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    This action will not have Tribal implications because it is not
expected to have substantial direct effects on Indian Tribes,
significantly or uniquely affect the communities of Indian Tribal
governments and does not involve or impose any requirements that affect
Indian Tribes. Accordingly, the requirements of Executive Order 13175
(65 FR 67249, November 9, 2000), do not apply to this action.

G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks

    This action is not subject to Executive Order 13045 (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: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use

    This action is not subject to Executive Order 13211 (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 (NTTAA)

    In addition, 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.

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    This action does not entail special considerations of environmental
justice related issues as delineated by Executive Order 12898 (59 FR
7629, February 16, 1994).

K. Congressional Review Act (CRA)

    This action is subject to the CRA (5 U.S.C. 801 et seq.), and EPA
will submit a rule report containing this rule and other required
information to each House of the Congress and to the Comptroller
General of the United States. This action 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: May 24, 2021.
Tala Henry,
Deputy Director, Office of Pollution Prevention and Toxics.

    Therefore, for the reasons stated in the preamble, 40 CFR chapter I
is amended as follows:

PART 9--OMB APPROVALS UNDER THE PAPERWORK REDUCTION ACT

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; 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. In Sec.  9.1, amend the table by adding entries for Sec. Sec.
721.11498 through 721.11505 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
------------------------------------------------------------------------

                                * * * * *
721.11498.............................................         2070-0012
721.11499.............................................         2070-0012
721.11500.............................................         2070-0012
721.11501.............................................         2070-0012
721.11502.............................................         2070-0012
721.11503.............................................         2070-0012
721.11504.............................................         2070-0012
721.11505.............................................         2070-0012

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

* * * * *

PART 721--SIGNIFICANT NEW USES OF CHEMICAL SUBSTANCES

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. Sec.  721.11498 through 721.11505 to subpart E to read as
follows:

Subpart E--Significant New Uses for Specific Chemical Substances

Sec.
721.11498 Formaldehyde, reaction products with 1,3-
benzenedimethanamine and p-tert-butylphenol.
721.11499 2-Propanol, 1-butoxy-, 2,2'-ester (generic).
721.11500 Haloalkane (generic).
721.11501 Ethanamine, N-ethyl-, 2-hydroxy-1,2,3-
propanetricarboxylate (1:?).
721.11502 Copper, [[2,2',2''-
(nitrilo-.kappa.N)tris[ethanolato-.kappa.O]](2-)]- (P-19-109,
chemical A).

721.11503 Copper, bis[2-(amino-.kappa.N)ethanolato-.kappa.O]- (P-19-
109, chemical B).
721.11504 Carbonic acid, di(lithium-6Li) salt.
721.11505 Lithium chloride (6LiCl).
* * * * *

Sec.  721.11498   Formaldehyde, reaction products with 1,3-
benzenedimethanamine and p-tert-butylphenol.

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified as formaldehyde,
reaction products with 1,3-benzenedimethanamine and p-tert-butylphenol
(PMN P-18-151; CAS No. 158800-93-2) 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. It is a
significant new use to manufacture, process, or use the PMN substance
in a manner that results in inhalation exposure.
    (ii) Release to water. Requirements as specified in Sec.
721.90(a)(4), (b)(4) and (c)(4), where N=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) through (c), (i), and (k) are applicable to manufacturers
and processors of this substance.
    (2) Limitation or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.

Sec.  721.11499   2-Propanol, 1-butoxy-, 2,2'-ester (generic).

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance generically identified as 2-
propanol, 1-butoxy-, 2,2'-ester (PMN P-18-271) 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. It is a
significant new use to use the PMN substance other than as a film-
forming coalescent for architectural coatings; for automotive OEM
coatings; for can and coil coatings; for industrial wood coatings; for
floor polishes, for industrial maintenance coatings; for marine and
wood coatings; for transportation coatings; for use in printing inks;
or as a chemical intermediate to prepare ester plasticizers. It is a
significant new use to process the PMN substance to a weight fraction
greater than 8% in the final formulation.
    (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) through (c), and (i) are applicable to manufacturers and
processors of this substance.
    (2) Limitation or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.

Sec.  721.11500   Haloalkane (generic).

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance generically identified as
haloalkane (PMN P-19-19) 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) through (6), 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 exposure, where feasible. For purposes of
Sec.  721.63(a)(5), respirators must provide a National Institute for
Occupational Safety and Health (NIOSH) assigned protection factor (APF)
of at least 1,000. For purposes of Sec.  721.63(a)(6), the airborne
form(s) of the substance include particulate (including solids or
liquid droplets).
    (ii) Release to water. Requirements as specified in Sec.
721.90(a)(4), (b)(4) and (c)(4), where N=23.
    (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 (d), and (k) are applicable to manufacturers and
processors of this substance.
    (2) Limitation or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.

Sec.  721.11501   Ethanamine, N-ethyl-, 2-hydroxy-1,2,3-
propanetricarboxylate (1:?).

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified as ethanamine, N-
ethyl-, 2-hydroxy-1,2,3-propanetricarboxylate (1:?) (PMN P-19-88; CAS
No. 23251-73-2) 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. It is a
significant new use to manufacture, process, or use the PMN substance
in a manner that results in inhalation exposure.
    (ii) Release to water. Requirements as specified in Sec.
721.90(a)(4), (b)(4) and (c)(4), where N=46.
    (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 (c), (i), and (k) are applicable to manufacturers
and processors of this substance.
    (2) Limitation or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.

Sec.  721.11502   Copper, [[2,2',2''-
(nitrilo-.kappa.N)tris[ethanolato-.kappa.O]](2-)]-.

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified as copper, [[2,2',2''-
(nitrilo-.kappa.N)tris[ethanolato-.kappa.O]](2-)]- (PMN P-19-109,
chemical A; CAS No. 21545-60-8) 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) Industrial, commercial, and consumer activities. Requirements
as specified in Sec.  721.80(o). It is a significant new use to
manufacture, process, or use the PMN substance in a manner that results
in inhalation exposure.
    (ii) Release to water. Requirements as specified in Sec.
721.90(a)(4), (b)(4) and (c)(4), where N=3.
    (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 (c), (i), and (k) are applicable to manufacturers
and processors of this substance.
    (2) Limitation or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.

Sec.  721.11503   Copper, bis[2-(amino-.kappa.N)ethanolato-.kappa.O]-.

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

(1) The chemical substance identified as copper, bis[2-
(amino-.kappa.N)ethanolato-.kappa.O]- (PMN P-19-109, chemical B; CAS
No. 14215-52-2) 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(o). It is a significant new use to
manufacture, process, or use the PMN substance in a matter that results
in inhalation exposure.
    (ii) Release to water. Requirements as specified in Sec.
721.90(a)(4), (b)(4) and (c)(4), where N=3.
    (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 (c), (i), and (k) are applicable to manufacturers
and processors of this substance.
    (2) Limitation or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.

Sec.  721.11504  Carbonic acid, di(lithium-6Li) salt.

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified as carbonic acid,
di(lithium-6Li) salt (PMN P-20-36; CAS No. 25890-20-4) 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. It is a
significant new use to use the chemical substance other than as a
chemical intermediate for manufacture of 6-Lithium halide scintillation
crystals for use in radiation detection.
    (ii) Release to water. Requirements as specified in Sec.
721.90(a)(4), (b)(4) and (c)(4), where N=35.
    (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 (c), (i), and (k) are applicable to manufacturers
and processors of this substance.
    (2) Limitation or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.

Sec.  721.11505   Lithium chloride (6LiCl).

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified as lithium chloride
(6LiCl) (PMN P-20-37; CAS No. 20227-31-0) 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).
    (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) through (c), and (i) are applicable to manufacturers and
processors of this substance.
    (2) Limitation 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.
* * * * *
[FR Doc. 2021-11765 Filed 6-4-21; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: February 13, 2009 (Volume 74, Number 29)]
[Notices]
[Page 7275-7276]
[DOCID:fr13fe09-87]

=======================================================================
-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

Proposed Collection; Comment Request

Upon Written Request, Copies Available From: U.S. Securities and
Exchange Commission, Office of Investor Education and Advocacy,
Washington, DC 20549-0213.

Extension:
Rule 15c2-8, OMB Control No. 3235-0481, SEC File No. 270-421.

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') is soliciting comments on the collection of
information summarized below. The Commission plans to submit this
existing collection of information to the Office of Management and
Budget for extension and approval.

 Rule 15c2-8 (17 CFR 240.15c2-8)--Delivery of Prospectus

    Rule 15c2-8 of the Securities Exchange Act of 1934 (``Exchange
Act'') requires broker-dealers to deliver preliminary and/or final
prospectuses to certain people under certain circumstances. In
connection with securities offerings generally, including initial
public offerings (IPOs), the rule requires broker-dealers to take
reasonable steps to distribute copies of the preliminary or final
prospectus to anyone who makes a written request, as well as any
broker-dealer who is expected to solicit purchases of the security and
who makes a request. In connection with IPOs, the rule requires a
broker-dealer to send a copy of the preliminary prospectus to any
person who is expected to receive a confirmation of sale (generally,
this means any person who is expected actually to purchase the security
in the offering) at least 48 hours prior to the sending of such
confirmation. This requirement is sometimes referred to as the ``48
hour rule.''
    Additionally, managing underwriters are required to take reasonable
steps to ensure that all broker-dealers participating in the
distribution of or trading in the security have sufficient copies of
the preliminary or final prospectus, as requested by them, to enable
such broker-dealer to satisfy their respective prospectus delivery
obligations pursuant to Rule 15c2-8, as well as Section 5 of the
Securities Act of 1933.
    Rule 15c2-8 implicitly requires that broker-dealers collect
information, as such collection facilitates compliance with the rule.
There is no requirement to submit information collected to the
Commission. In order to comply with

the rule, broker-dealers participating in a securities offering must
keep accurate records of persons who have indicated interest in an IPO
or requested a prospectus, so that they know to whom they must send a
prospectus.
    The Commission estimates that broker-dealers will spend a total of
78,800 hours complying with the collection of information required by
the rule. The Commission estimates that the total number of responses
required by the rule is 7,764. The Commission estimates that the total
annualized cost burden (copying and postage costs) is $157,600,000.
    Written comments are invited on: (a) Whether the proposed
collection of information is necessary for the proper performance of
the functions of the Commission, including whether the information
shall have practical utility; (b) the accuracy of the Commission's
estimates of the burden of the proposed collection of information; (c)
ways to enhance the quality, utility, and clarity of the information to
be collected; and (d) ways to minimize the burden of the collection of
information on respondents, including through the use of automated
collection techniques or other forms of information technology.
Consideration will be given to comments and suggestions submitted in
writing within 60 days of this publication.
    Comments should be directed to: Charles Boucher, Director/Chief
Information Officer, Securities and Exchange Commission, c/o Shirley
Martinson, 6432 General Green Way, Alexandria, Virginia 22312 or send
an e-mail to<EMAIL_ADDRESS>Comments must be submitted within
60 days of this notice.

    Dated: February 9, 2009.
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-3097 Filed 2-12-09; 8:45 am]

BILLING CODE 8011-01-P