[Federal Register Volume 80, Number 182 (Monday, September 21, 2015)]
[Notices]
[Pages 56973-56974]
[FR Doc No: 2015-23534]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

 [Docket No. ER15-2466-000]

PBLJ LLC; Supplemental Notice That Initial Market-Based Rate
Filing Includes Request for Blanket Section 204 Authorization

    This is a supplemental notice in the above-referenced proceeding of
PBLJ LLC's application for market-based rate authority, with an
accompanying rate tariff, noting that such application includes a
request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is September 21, 2015.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access

who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for electronic review in the
Commission's Public Reference Room in Washington, DC. There is an
eSubscription link on the Web site that enables subscribers to receive
email notification when a document is added to a subscribed docket(s).
For assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.

    Dated: August 31, 2015.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2015-23534 Filed 9-18-15; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 97 (Thursday, May 19, 2022)]
[Notices]
[Pages 30477-30478]
[FR Doc No: 2022-10780]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2547-095]

Village of Swanton, Vermont; Notice of Application Tendered for
Filing With the Commission and Soliciting Additional Study Requests and
Establishing Procedural Schedule for Relicensing and a Deadline for
Submission of Final Amendments

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection.
    a. Type of Application: New Major License.
    b. Project No.: 2547-095.
    c. Date Filed: April 29, 2022.
    d. Applicant: Village of Swanton, Vermont (Village).
    e. Name of Project: Highgate Falls Hydroelectric Project.
    f. Location: On Missisquoi River in Franklin County, Vermont. The
project does not occupy any federal land.
    g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Reginald R. Beliveau, Jr., Manager--Village
of Swanton, 120 First Street, Swanton, Vermont 05488; call at (802)
868-3397; email at [email protected].
    i. FERC Contact: Amy Chang at<PHONE_NUMBER>, or
[email protected].
    j. Cooperating agencies: Federal, state, local, and tribal agencies
with jurisdiction and/or special expertise with respect to
environmental issues that wish to cooperate in the preparation of the
environmental document should follow the instructions for filing such
requests described in item l below. Cooperating agencies should note
the Commission's policy that agencies that cooperate in the preparation
of the environmental document cannot also intervene. See 94 FERC ]
61,076 (2001).
    k. Pursuant to section 4.32(b)(7) of 18 CFR of the Commission's
regulations, if any resource agency, Indian Tribe, or person believes
that an additional scientific study should be conducted in order to
form an adequate factual basis for a complete analysis of the
application on its merit, the resource agency, Indian Tribe, or person
must file a request for a study with the Commission not later than 60
days from the date of filing of the application, and serve a copy of
the request on the applicant.
    l. Deadline for filing additional study requests and requests for
cooperating agency status: June 28, 2022.

    The Commission strongly encourages electronic filing. Please file
additional study requests and requests for cooperating agency status
using the Commission's eFiling system at https://ferconline.ferc.gov/FERCOnline.aspx. For assistance, please contact FERC Online Support at
[email protected],<PHONE_NUMBER> (toll free), or (202) 502-
8659 (TTY). In lieu of electronic filing, you may submit a paper copy.
Submissions sent via the U.S. Postal Service must be addressed to:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888
First Street NE, Room 1A, Washington, DC 20426. Submissions sent via
any other carrier must be addressed to: Kimberly D. Bose, Secretary,
Federal Energy Regulatory Commission, 12225 Wilkins Avenue, Rockville,
MD 20852. All filings must clearly identify the project name and docket
number on the first page: Highgate Falls Hydroelectric Project (P-2547-
095).
    m. The application is not ready for environmental analysis at this
time.
    n. Project Description: The existing project consists of: (1) A dam
about 670 feet long comprised of: (i) A 235-foot-long earth-filled
embankment on the west bank; (ii) a 174-foot-long concrete intake
structure; (iii) a 226-foot-long ogee-shaped concrete spillway section
with a 15-foot-high pneumatic crest gate and a maximum crest elevation
of 190.0 foot National Geodetic Vertical Datum of 1929 (NGVD29) when
fully inflated; and (iv) a 35-foot-long concrete abutment on the east
bank; (2) an impoundment with a storage capacity of 3,327 acre-feet at
an elevation of 190.0 feet NGVD29; (3) a 509-foot-long, 10.5-foot-wide,
and 10.5-foot-high concrete conduit connecting to a 243-foot-long, 12-
foot-diameter steel penstock that conveys flow from the intake
structure to the main powerhouse; (4) a surge tank; (5) a concrete and
masonry main powerhouse containing two 1,000-kilowatt (kW), one 2,800-
kW, and one 6,000-kW vertical Francis turbine-generators; (6) a 75-
foot-long, 5-foot-diameter steel penstock conveying flow from the
intake structure to a 710-kW crossflow turbine-generator located within
a secondary concrete powerhouse; (7) an outdoor substation; and (8)
appurtenant facilities. The project creates an approximately 1,100-
foot-long bypassed reach of the Missisquoi River between the dam and
the powerhouse discharge.
    The current license requires the project operate as a run-of-river
facility such that outflow approximates inflow between March 31 and
June 1. From June 1 through March 30, the Village operates the project
as a peaking facility by generating electricity during daily peak
demand periods. When peaking, the Village limits the daily impoundment
drawdown to 30 inches or less from the full pond elevation of 190 feet
NGVD29. The current license also requires a minimum flow release of 200
cubic feet per second (cfs) or inflow, whichever is less, to the
Missisquoi River downstream of the powerhouse, including 35 cfs from
the dam to the bypassed reach. The average annual generation of the
project was approximately 39,442 megawatt-hours from 2013 through 2020.
    The applicant proposes modify current project operations to: (1)
Operate the project in run-of-river mode from March 31 through June 15,
and during periods when inflow is 400 cfs or less; (2) limit
impoundment drawdowns during peaking operation to 18 to 24 inches,
instead of 30 inches under current operation; (3) refill the
impoundment within 8 hours of each drawdown for peaking operation; (4)
continue to provide a minimum flow of 200 cfs downstream of the
powerhouse, including the following minimum flows to the bypassed
reach: 150 cfs in April and May, 70 cfs in June, and 35 cfs from July
through March; (5) develop a freshwater mussel plan for relocating
mussels when the impoundment is lowered to 186 feet NGVD 29 or less for
prolonged periods of time; (6) develop a plan for protecting horn-
leaved riverweed downstream of the Swanton Dam ledges, which are
located approximately 7 miles downstream of the powerhouse; (7) provide
aesthetic flows of 1 to 3 inches of spill over the dam during certain
holidays; (8) improve an existing parking area to accommodate 5 to 7
cars for recreation users; (9) develop a plan to provide access for
hand-carry water craft to the impoundment and downstream of the
project; and (10) develop an historic properties management plan to
protect historic properties.
    The applicant also proposes to: (1) Conduct a post-licensing
evaluation of the feasibility of using the existing downstream Swanton
Dam canal works for upstream fish passage; (2) develop a recreational
maintenance and enhancement plan to guide regular maintenance
activities at recreation facilities; (3) install a warning system to
alert recreation users to increases in flow in the bypassed reach and
downstream of the powerhouse; and (4) install an electric vehicle
charging station for five vehicles using electricity produced by the
hydroelectric plant.
    o. In addition to publishing the full text of this notice in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this notice, as well
as other documents in the proceeding (e.g., license application) via
the internet through the Commission's Home Page (http://www.ferc.gov)
using the ``eLibrary'' link. Enter the docket number excluding the last
three digits in the docket number field to access the document (P-
2547). For assistance, contact FERC at [email protected] or
call toll-free,<PHONE_NUMBER> or<PHONE_NUMBER> (TTY).
    You may also register online at https://ferconline.ferc.gov/FERCOnline.aspx to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.
    p. Procedural schedule: The application will be processed according
to the following preliminary schedule. Revisions to the schedule will
be made as appropriate.

Issue Deficiency Letter (if necessary) June 2022
Request Additional Information June 2022
Issue Scoping Document 1 for comments September 2022
Request Additional Information (if necessary) October 2022
Issue Acceptance Letter October 2022
Issue Scoping Document 2 (if necessary) November 2022
Issue Notice of Ready for Environmental Analysis November 2022

    q. Final amendments to the application must be filed with the
Commission no later than 30 days from the issuance date of the notice
of ready for environmental analysis.

    Dated: May 13, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-10780 Filed 5-18-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: September 18, 2009 (Volume 74, Number 180)]
[Rules and Regulations]
[Page 47877-47888]
[DOCID:fr18se09-4]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 9 and 721

[EPA-HQ-OPPT-2009-0729; FRL-8430-3]
RIN 2070-AB27

Significant New Use Rules on Certain Chemical Substances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is promulgating significant new use rules (SNURs) under
section 5(a)(2) of the Toxic Substances Control Act (TSCA) for 12
chemical substances which were the subject of premanufacture notices
(PMNs). Two of these chemical substances are subject to TSCA section
5(e) consent orders issued by EPA. This action requires persons who
intend to manufacture, import, or process any of these 12 chemical
substances for an activity that is designated as a significant new use
by this rule to notify EPA at least 90 days before commencing that
activity. The required notification will provide EPA with the
opportunity to evaluate the intended use and, if necessary, to prohibit
or limit that activity before it occurs.

DATES: The effective date of this rule is November 17, 2009 without
further notice, unless EPA receives written adverse or critical
comments, or notice of intent to submit adverse or critical comments
before October 19, 2009. This rule shall be promulgated for purposes of
judicial review at 1 p.m. (e.s.t.) on October 2, 2009.
    If EPA receives written adverse or critical comments, or notice of
intent to submit adverse or critical comments, on one or more of these
SNURs before October 19, 2009, EPA will withdraw the relevant sections
of this direct final rule before its effective date. EPA will then
issue a proposed SNUR for the chemical substance(s) on which adverse or
critical comments were received, providing a 30-day period for public
comment.
    Significant new use designations for a chemical substance are
legally established as of the date of publication of this direct final
rule September 18, 2009. See the discussion in Unit VII. for more
specific details.
    Any persons intending to import or export a chemical substance that
is the subject of this rule on or after October 19, 2009 are subject to
the TSCA section 13 import certification requirements and the export
notification provisions of TSCA section 12(b). See the discussion in
Unit I.A. and Unit II.C. for more specific details.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPPT-2009-0729, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
     Mail: Document Control Office (7407M), Office of Pollution
Prevention and Toxics (OPPT), Environmental Protection Agency, 1200
Pennsylvania

Ave., NW., Washington, DC 20460-0001.
     Hand Delivery: OPPT Document Control Office (DCO), EPA
East, Rm. 6428, 1201 Constitution Ave., NW., Washington, DC. Attention:
Docket ID Number EPA-HQ-OPPT-2009-0729. The DCO is open from 8 a.m. to
4 p.m., Monday through Friday, excluding legal holidays. The telephone
number for the DCO is<PHONE_NUMBER>. Such deliveries are only accepted
during the DCO's normal hours of operation, and special arrangements
should be made for deliveries of boxed information.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPPT-
2009-0729. EPA's policy is that all comments received will be included
in the docket without change and may be made available on-line at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The regulations.gov website is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through regulations.gov,
your e-mail address will be automatically captured and included as part
of the comment that is placed in the docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the docket index
available at http://www.regulations.gov. Although listed in the index,
some information is not publicly available, e.g., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, will be publicly available only
in hard copy. Publicly available docket materials are available
electronically at http://www.regulations.gov, or, if only available in
hard copy, at the OPPT Docket. The OPPT Docket is located in the EPA
Docket Center (EPA/DC) at Rm. 3334, EPA West Bldg., 1301 Constitution
Ave., NW., Washington, DC. The EPA/DC Public Reading Room hours of
operation are 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding
legal holidays. The telephone number of the EPA/DC Public Reading Room
is<PHONE_NUMBER>, and the telephone number for the OPPT Docket is
(202) 566-0280. Docket visitors are required to show photographic
identification, pass through a metal detector, and sign the EPA visitor
log. All visitor bags are processed through an X-ray machine and
subject to search. Visitors will be provided an EPA/DC badge that must
be visible at all times in the building and returned upon departure.

FOR FURTHER INFORMATION CONTACT: For general information contact: Colby
Lintner, Regulatory Coordinator, Environmental Assistance Division
(7408M), Office of Pollution Prevention and Toxics, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number:<PHONE_NUMBER>; e-mail address: TSCA-
<EMAIL_ADDRESS>    For technical information contact: Tracey Klosterman, Chemical
Control Division (7405M), Office of Pollution Prevention and Toxics,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; e-mail
address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you manufacture,
import, process, or use the chemical substances contained in this rule.
Potentially affected entities may include, but are not limited to:
     Manufacturers, importers, or processors of one or more
subject chemical substances (NAICS codes 325 and 324110), e.g.,
chemical manufacturing and petroleum refineries.
    This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. To determine
whether you or your business may be affected by this action, you should
carefully examine the applicability provisions in Sec.  721.5. If you
have any questions regarding the applicability of this action to a
particular entity, consult the technical person listed under FOR
FURTHER INFORMATION CONTACT.
    This action may also affect certain entities through pre-existing
import certification and export notification rules under TSCA. Chemical
importers are subject to the TSCA section 13 (15 U.S.C. 2612) import
certification requirements promulgated at 19 CFR 12.118 through 12.127
and 19 CFR 127.28 (the corresponding EPA policy appears at 40 CFR part
707, subpart B). Chemical importers must certify that the shipment of
the chemical substance complies with all applicable rules and orders
under TSCA. Importers of chemicals subject to these SNURs must certify
their compliance with the SNUR requirements. In addition, any persons
who export or intend to export a chemical substance that is the subject
of this rule on or after October 19, 2009 are subject to the export
notification provisions of TSCA section 12(b) (15 U.S.C. 2611(b)) (see
Sec.  721.20), and must comply with the export notification
requirements in 40 CFR part 707, subpart D.

B. What Should I Consider as I Prepare My Comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments,
remember to:
    i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
    ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.

    iv. Describe any assumptions and provide any technical information
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period
deadline identified.

II. Background

A. What Action is the Agency Taking?

    EPA is promulgating these SNURs using direct final procedures.
These SNURs will require persons to notify EPA at least 90 days before
commencing the manufacture, import, or processing of a chemical
substance for any activity designated by these SNURs as a significant
new use. Receipt of such notices allows EPA to assess risks that may be
presented by the intended uses and, if appropriate, to regulate the
proposed use before it occurs. Additional rationale and background to
these rules are more fully set out in the preamble to EPA's first
direct final SNUR published in the Federal Register of April 24, 1990
(55 FR 17376). Consult that preamble for further information on the
objectives, rationale, and procedures for SNURs and on the basis for
significant new use designations, including provisions for developing
test data.

B. What is the Agency's Authority for Taking this Action?

    Section 5(a)(2) of TSCA (15 U.S.C. 2604(a)(2)) authorizes EPA to
determine that a use of a chemical substance is a ``significant new
use.'' EPA must make this determination by rule after considering all
relevant factors, including those listed in TSCA section 5(a)(2). Once
EPA determines that a use of a chemical substance is a significant new
use, TSCA section 5(a)(1)(B) requires persons to submit a significant
new use notice (SNUN) to EPA at least 90 days before they manufacture,
import, or process the chemical substance for that use. The mechanism
for reporting under this requirement is established under Sec.  721.5.

C. Applicability of General Provisions

    General provisions for SNURs appear in 40 CFR part 721, subpart A.
These provisions describe persons subject to the 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. According
to Sec.  721.1(c), persons subject to these SNURs must comply with the
same notice requirements and EPA regulatory procedures as submitters of
PMNs under TSCA section 5(a)(1)(A). In particular, these requirements
include the information submission requirements of TSCA section 5(b)
and 5(d)(1), the exemptions authorized by TSCA section 5(h)(1), (h)(2),
(h)(3), and (h)(5), and the regulations at 40 CFR part 720. Once EPA
receives a SNUN, EPA may take regulatory action under TSCA section
5(e), 5(f), 6, or 7 to control the activities for which it has received
the SNUN. If EPA does not take action, EPA is required under TSCA
section 5(g) to explain in the Federal Register its reasons for not
taking action.
    Chemical importers are subject to the TSCA section 13 (15 U.S.C.
1612) import certification requirements promulgated at 19 CFR 12.118
through 12.127, and 19 CFR 127.28 (the corresponding EPA policy appears
at 40 CFR part 707, subpart B). Chemical importers must certify that
the shipment of the chemical substance complies with all applicable
rules and orders under TSCA. Importers of chemical substances subject
to a final SNUR must certify their compliance with the SNUR
requirements. In addition, any persons who export or intend to export a
chemical substance identified in a final SNUR are subject to the export
notification provisions of TSCA section 12(b) (15 U.S.C. 2612 (b)) (see
Sec.  721.20), and must comply with the export notification
requirements in 40 CFR part 707, subpart D.

III. Significant New Use Determination

    Section 5(a)(2) of TSCA states that EPA's determination that a use
of a chemical substance is a significant new use must be made after
consideration of all relevant factors, including:
     The projected volume of manufacturing and processing of a
chemical substance.
     The extent to which a use changes the type or form of
exposure of human beings or the environment to a chemical substance.
     The extent to which a use increases the magnitude and
duration of exposure of human beings or the environment to a chemical
substance.
     The reasonably anticipated manner and methods of
manufacturing, processing, distribution in commerce, and disposal of a
chemical substance.
    In addition to these factors enumerated in TSCA section 5(a)(2),
the statute authorized EPA to consider any other relevant factors.
    To determine what would constitute a significant new use for the 12
chemical substances that are the subject of these SNURs, EPA considered
relevant information about the toxicity of the chemical substances,
likely human exposures and environmental releases associated with
possible uses, and the four factors listed in TSCA section 5(a)(2) and
this unit.

IV. Substances Subject to this Rule

    EPA is establishing significant new use and recordkeeping
requirements for 12 chemical substances in 40 CFR part 721, subpart E.
In this unit, EPA provides the following information for each chemical
substance:
     PMN number.
     Chemical name (generic name, if the specific name is
claimed as CBI).
     CAS number (if assigned for non-confidential chemical
identities).
     Basis for the TSCA section 5(e) consent order or, for non-
section 5(e) SNURs, the basis for the SNUR (i.e., SNURs without TSCA
section 5(e) consent orders).
     Toxicity concerns.
     Tests recommended by EPA to provide sufficient information
to evaluate the chemical substance (see Unit VIII. for more
information).
     CFR citation assigned in the regulatory text section of
this rule.
    The regulatory text section of this rule specifies the activities
designated as significant new uses. Certain new uses, including
production volume limits (i.e., limits on manufacture and importation
volume) and other uses designated in this rule, may be claimed as CBI.
Unit IX. discusses a procedure companies may use to ascertain whether a
proposed use constitutes a significant new use.
    This rule includes 2 PMN substances that are subject to ``risk-
based'' consent orders under TSCA section 5(e)(1)(A)(ii)(I) where EPA
determined that activities associated with the PMN substances may
present unreasonable risk to human health or the environment. Those
consent orders require protective measures to limit exposures or
otherwise mitigate the potential unreasonable risk. The so-called
``5(e) SNURs'' on these PMN substances are promulgated pursuant to
Sec.  721.160, and are based on and consistent with the provisions in
the underlying consent orders. The 5(e) SNURs designate as a
``significant new use'' the absence of the protective

measures required in the corresponding consent orders.
    Where EPA determined that the PMN substance may present an
unreasonable risk of injury to human health via inhalation exposure,
the underlying TSCA section 5(e) consent order usually requires, among
other things, that potentially exposed employees wear specified
respirators unless actual measurements of the workplace air show that
air-borne concentrations of the PMN substance are below a New Chemical
Exposure Limit (NCEL) that is established by EPA to provide adequate
protection to human health. In addition to the actual NCEL
concentration, the comprehensive NCELs provisions in TSCA section 5(e)
consent orders, which are modeled after Occupational Safety and Health
Administration (OSHA) Permissible Exposure Limits (PELs) provisions,
include requirements addressing performance criteria for sampling and
analytical methods, periodic monitoring, respiratory protection, and
recordkeeping. However, no comparable NCEL provisions currently exist
in 40 CFR part 721, subpart B, for SNURs. Therefore, for these cases,
the individual SNURs in 40 CFR part 721, subpart E, will state that
persons subject to the SNUR who wish to pursue NCELs as an alternative
to the Sec.  721.63 respirator requirements may request to do so under
Sec.  721.30. EPA expects that persons whose Sec.  721.30 requests to
use the NCELs approach for SNURs are approved by EPA will be required
to comply with NCELs provisions that are comparable to those contained
in the corresponding TSCA section 5(e) consent order for the same
chemical substance.
    This rule also includes SNURs on 10 PMN substances that are not
subject to consent orders under TSCA section 5(e). In these cases, for
a variety of reasons, EPA did not find that the use scenario described
in the PMN triggered the determinations set forth under TSCA section
5(e). EPA, however, does believe that certain changes from the use
scenario described in the PMN could result in increased exposures,
thereby constituting a ``significant new use.'' These so-called ``non-
5(e) SNURs'' are promulgated pursuant to Sec.  721.170. EPA has
determined that every activity designated as a ``significant new use''
in all non-5(e) SNURs issued under Sec.  721.170 satisfies the two
requirements stipulated in Sec.  721.170(c)(2), i.e., these significant
new use activities, ``(i) are different from those described in the
premanufacture notice for the substance, including any amendments,
deletions, and additions of activities to the premanufacture notice,
and (ii) may be accompanied by changes in exposure or release levels
that are significant in relation to the health or environmental
concerns identified'' for the PMN substance.
PMN Number P-05-775
Chemical name: Benzeneethanol,halo-,halocycloalkyl-,hydrazinealkyl-
(generic).
CAS number: Not available.
Effective date of TSCA section 5(e) consent order: May 8, 2008.
Basis for TSCA section 5(e) consent order: The PMN states that the
generic (non-confidential) use of the substance will be as an
intermediate used in a closed process. The order was issued under
sections 5(e)(1)(A)(i) and 5(e)(1)(A)(ii)(I) of TSCA based on a finding
that this substance may present an unreasonable risk of injury to human
health and the environment. To protect against this risk, the consent
order requires dermal protection, hazard communication, and water
release restrictions. The SNUR designates as a ``significant new use''
the absence of these protective measures.
Toxicity concern: Based on test data on the PMN substance, analogous
hydrazines and other (confidential) moieties of the PMN substance, EPA
identified concerns for mutagenicity, skin sensitization, liver
toxicity, kidney toxicity, neurotoxicity, and eye irritation from
dermal exposure. Further, based on test data for analogous hydrazines,
EPA predicts aquatic toxicity at concentrations that exceed 0.1 parts
per billion (ppb) from releases of the PMN substance to the
environment.
Recommended testing: EPA has determined that the results of the
following tests would help characterize the human health and
environmental effects of the PMN substance: A fish early-life stage
toxicity test (OPPTS Harmonized Test Guideline 850.1400); a daphnid
chronic toxicity test (OPPTS Harmonized Test Guideline 850.1300); an
algal toxicity test, tiers I and II (OPPTS Harmonized Test Guideline
850.5400); a repeated dose oral toxicity in rodents with reproductive,
developmental and neurotoxicity screening (Organisation for Economic
Co-operation and Development (OECD) 422 test guideline) for a duration
of 90-days; a bacterial reverse mutation test (OPPTS Harmonized Test
Guideline 870.5100); and a mammalian erythrocyte micronucleus test
(OPPTS Harmonized Test Guideline 870.5395) via the intraperitoneal
route. Depending upon the results of mutagenicity testing, a two year
carcinogenicity study (OPPTS Harmonized Test Guideline 870.4200) may be
warranted. Further, a certificate of analysis should be provided for
the test substance. The order does not require the submission of the
aforementioned information at any specified time or production volume.
However, the order's restrictions on manufacture, import, processing,
distribution in commerce, use, and disposal of the PMN substance will
remain in effect until the order is modified or revoked by EPA based on
submission of that or other relevant information.
CFR citation: 40 CFR 721.10157.
PMN Number P-06-16
Chemical name: 2-Pentanone, 3,5-dichloro-.
CAS number: 58371-98-5.
Effective date of TSCA section 5(e) consent order: May 8, 2008.
Basis for TSCA section 5(e) consent order: The PMN states that the
generic (non-confidential) use of the substance will be as an
intermediate used in a closed process. The order was issued under
sections 5(e)(1)(A)(i) and 5(e)(1)(A)(ii)(I) of TSCA based on a finding
that this substance may present an unreasonable risk of injury to human
health and the environment. To protect against this risk, the consent
order requires dermal and respiratory protection, hazard communication,
and water release restrictions. The SNUR designates as a ``significant
new use'' the absence of these protective measures.
Toxicity concern: Based on test data on the PMN substance and analogous
haloketones, EPA identified concerns for acute inhalation toxicity,
mutagenicity, developmental toxicity, skin sensitization, systemic
toxicity, and neurotoxicity from inhalation or dermal exposure.
Further, based on test data on analogous neutral organic chemicals and
haloketones, and potential excess toxicity due to reactivity
(hydrolysis), EPA predicts aquatic toxicity at concentrations that
exceed 0.1 ppb resulting from releases of the PMN substance to the
environment.
Recommended testing: EPA has determined that the results of the
following tests would help characterize possible human health and
environmental effects of the PMN substance: A fish early-life stage
toxicity test (OPPTS Harmonized Test Guideline 850.1400); a daphnid
chronic toxicity test (OPPTS Harmonized Test Guideline 850.1300); an
algal toxicity test, tiers I and II (OPPTS Harmonized Test Guideline
850.5400); a repeated dose oral toxicity in rodents with reproductive,
developmental and neurotoxicity screening (OECD 422 test guideline) for
a duration of 90-days; a

bacterial reverse mutation test (OPPTS Harmonized Test Guideline
870.5100); and a mammalian erythrocyte micronucleus test (OPPTS
Harmonized Test Guideline 870.5395) via the intraperitoneal route.
Depending upon the results of mutagenicity testing, a 2-year
carcinogenicity study (OPPTS Harmonized Test Guideline 870.4200) may be
warranted. Further, a certificate of analysis should be provided for
the test substance. The order does not require the submission of the
aforementioned information at any specified time or production volume.
However, the order's restrictions on manufacture, import, processing,
distribution in commerce, use, and disposal of the PMN substance will
remain in effect until the order is modified or revoked by EPA based on
submission of that or other relevant information.
CFR citation: 40 CFR 721.10158.
PMN Number P-07-587
Chemical name: 1-Docosanamine, N,N-dimethyl-.
CAS number: 21542-96-1.
Basis for action: The PMN states that the generic (non-confidential)
use of the substance will be as a chemical intermediate. Based on test
data on the PMN substance and analogous aliphatic amines, EPA predicts
toxicity to aquatic organisms may occur at concentrations that exceed 1
ppb of the PMN substance in surface waters. As described in the PMN,
the substance is not released to surface waters. Therefore, EPA has not
determined that the proposed manufacturing, processing, or use of the
substance may present an unreasonable risk. EPA has determined,
however, that any use of the substance resulting in release to surface
waters may cause significant adverse environmental effects. Based on
this information, the PMN substance meets the concern criteria at Sec.
721.170 (b)(4)(i) and (b)(4)(ii).
Recommended testing: EPA has determined that the results of a fish
acute toxicity test mitigated by humic acid (OPPTS Harmonized Test
Guideline 850.1085) would help characterize the environmental effects
of the PMN substance. The test substance should be the chloride salt of
the PMN substance at pH 7. Further, a certificate of analysis should be
provided for the test substance.
CFR citation: 40 CFR 721.10159.
PMN Number P-07-629
Chemical name: Poly(oxy-1,2-ethanediyl), .alpha.-[(13Z)-1-oxo-13-
docosen-1-yl]-.omega.-[[(13Z)-1-oxo-13-docosen-1-yl]oxy]-.
CAS number: 56565-72-1.
Basis for action: The PMN states that the generic (non-confidential)
use of the substance will be as a polymer additive. Based on test data
on analogous nonionic surfactants, EPA predicts toxicity to aquatic
organisms may occur at concentrations that exceed 20 ppb of the PMN
substance in surface waters. For the use described in the PMN, releases
of the substance are not expected to result in surface water
concentrations that exceed 20 ppb. Therefore, EPA has not determined
that the proposed manufacturing, processing, or use of the substance
may present an unreasonable risk. EPA has determined, however, that use
of the substance other than as described in the PMN could result in
exposures which may cause significant adverse environmental effects.
Based on this information, the PMN substance meets the concern criteria
at Sec.  721.170(b)(4)(ii).
Recommended testing: EPA has determined that the results of a ready
biodegradability test (OPPTS Harmonized Test Guideline 835.3110); a
fish acute toxicity test (OPPTS Harmonized Test Guideline 850.1075); an
aquatic invertebrate acute toxicity test with freshwater daphnids
(OPPTS Harmonized Test Guideline 850.1010); and an algal toxicity test,
tiers I and II (OPPTS Harmonized Test Guideline 850.5400) would help
characterize the environmental effects of the PMN substance. Aquatic
toxicity testing should be performed using the static method with
nominal concentrations. Further, a certificate of analysis should be
provided for the test substance.
CFR citation: 40 CFR 721.10160.
PMN Number P-08-3
Chemical name: Substituted silyl methacrylate (generic).
CAS number: Not available.
Basis for action: The PMN states that the substance will be used as an
intermediate for a paint binder. Based on test data on analogous
acrylates and neutral organic chemicals, EPA predicts toxicity to
aquatic organisms may occur at concentrations that exceed 1 ppb of the
PMN substance in surface waters. As described in the PMN, the substance
is not released to surface waters. Therefore, EPA has not determined
that the proposed manufacturing, processing, or use of the substance
may present an unreasonable risk. EPA has determined, however, that any
use of the substance resulting in release to surface waters may cause
significant adverse environmental effects. Based on this information,
the PMN substance meets the concern criteria at Sec.
721.170(b)(4)(ii).
Recommended testing: EPA has determined that the results of a
hydrolysis as a function of pH test (OPPTS Harmonized Test Guideline
835.2120) and a ready biodegradability test (OPPTS Harmonized Test
Guideline 835.3110) would help characterize the possible fate
attributes of the PMN substance. If the results of the ready
biodegradation test demonstrate that the hydrolysis product remains
intact, then a shake-flask die-away test (OPPTS Harmonized Test
Guideline 835.3170) and a fish bioconcentration test (OPPTS Harmonized
Test Guideline 850.1730) may be warranted. Further, a certificate of
analysis should be provided for the test substance.
CFR citation: 40 CFR 721.10161.
PMN Number P-08-24
Chemical name: 1,3 Dioxolane-4-butanol, 2-ethenyl-.
CAS number: 2421-08-1.
Basis for action: The PMN states that the generic (non-confidential)
use of the substance will be as a crosslinking agent to be ultimately
used in the manufacture of automotive and aircraft coating materials.
Based on test data on an expected hydrolysis product for an analogous
chemical, EPA has concerns for mutagenicity, oncogenicity,
developmental toxicity, liver toxicity, kidney toxicity, and skin
sensitization and irritation for the PMN substance. As described in the
PMN, significant worker exposure is not expected. Therefore, EPA has
not determined that the proposed manufacturing, processing, or use of
the substance may present an unreasonable risk. EPA has determined,
however, that use of the substance other than as described in the PMN
could result in exposures which may cause serious health effects. Based
on this information, the PMN substance meets the concern criteria at
Sec.  721.170(b)(3)(ii).
Recommended testing: EPA has determined that the results of a repeated
dose 28-day oral toxicity study (OPPTS Harmonized Test Guideline
870.3050) in rodents would help characterize the human health effects
of the PMN substance.
CFR citation: 40 CFR 721.10162.
PMN Number P-08-33
Chemical name: Chloro fluoro alkane (generic).
CAS number: Not available.
Basis for action: The PMN states that the generic (non-confidential)
use of the substance will be as a chemical intermediate. EPA identified
health and environmental concerns because the substance may be a
persistent, bioaccumulative, and toxic (PBT) chemical, based on
physical/chemical properties of the PMN substance, as

described in the New Chemicals Program's PBT Category (64 FR 60194;
November 4, 1999) (FRL-6097-7). EPA estimates that the PMN substance
will persist in the environment for more than six months and estimates
a bioaccumulation factor of greater than or equal to 1,000. Also, based
on test data on analogous haloalkanes, EPA predicts toxicity to aquatic
organisms. As described in the PMN, significant worker exposure is
unlikely and the substance is not released to surface waters.
Therefore, EPA has not determined that the proposed processing or use
of the substance may present an unreasonable risk. EPA has determined,
however, that domestic manufacture, exceedance of the annual import
volume limit of 50,000 kilograms, or any predictable or purposeful
release containing the PMN substance into the waters of the United
States may cause serious health effects and significant adverse
environmental effects, since the PMN substance has been characterized
by EPA as a PBT. Based on this information, the PMN substance meets the
concern criteria at Sec.  721.170 (b)(3)(ii), (b)(4)(ii), and
(b)(4)(iii).
Recommended testing: EPA has determined that the results of the tiered
testing as described in the New Chemicals Program's PBT Category would
help characterize the PBT attributes of the PMN substance. The fish
bioconcentration factor (BCF) test should be conducted using the flow
through method with measured concentrations and include a certificate
of analysis for the test substance showing percentage and level of
impurities; measured BCF should be based on 100% active ingredient and
measured concentrations.
CFR citation: 40 CFR 721.10163.
PMN Number P-08-36
Chemical name: Benzenecarboximidamide, N-hydroxy-4-nitro-.
CAS number: 1613-86-1.
Basis for action: The PMN states that the substance will be used as a
chemical intermediate. Based on test data on analogous aliphatic
amines, EPA predicts toxicity to aquatic organisms may occur at
concentrations that exceed 400 ppb of the PMN substance in surface
waters. As described in the PMN, the substance is not expected to be
released to surface waters. Therefore, EPA has not determined that the
proposed manufacturing, processing, or use of the substance may present
an unreasonable risk. EPA has determined, however, that any use of the
substance resulting in release to surface waters may cause significant
adverse environmental effects. Based on this information, the PMN
substance meets the concern criteria at Sec.  721.170(b)(4)(ii).
Recommended testing: EPA has determined that the results of a fish
acute toxicity test (OPPTS Harmonized Test Guideline 850.1075); an
aquatic invertebrate acute toxicity test with freshwater daphnids
(OPPTS Harmonized Test Guideline 850.1010); and an algal toxicity test,
tiers I and II (OPPTS Harmonized Test Guideline 850.5400) would help
characterize the environmental effects of the PMN substance. Fish and
daphnia testing should be performed using the flow through method with
measured concentrations. Algal testing should be performed using the
static method with measured concentrations. Further, a certificate of
analysis should be provided for the test substance.
CFR citation: 40 CFR 721.10164.
PMN Number P-08-138
Chemical name: Carbonotrithioic acid, bis(phenylmethyl) ester.
CAS number: 26504-29-0.
Basis for action: The PMN states that the substance will be used as a
chain transfer agent. EPA identified health and envronmental concerns
because the substance may be a PBT chemical, based on physical/chemical
properties of the PMN substance, as described in the New Chemicals
Program's PBT Category (64 FR 60194, November 4, 1999). EPA estimates
that the PMN substance will persist in the environment for more than
two months and estimates a bioaccumulation factor of greater than or
equal to 5,000. Also, based on test data for analogous esters, EPA
predicts toxicity to aquatic organisms. As described in the PMN,
significant worker exposure is unlikely and the substance is not
released to surface waters. Therefore, EPA has not determined that the
proposed processing or use of the substance may present an unreasonable
risk. EPA has determined, however, that domestic manufacture or any
predictable or purposeful release containing the PMN substance into the
waters of the United States may cause serious health effects and
significant adverse environmental effects, since the PMN substance has
been characterized by EPA as a PBT. Based on this information, the PMN
substance meets the concern criteria at Sec.  721.170 (b)(3)(ii),
(b)(4)(ii), and (b)(4)(iii).
Recommended testing: EPA has determined that the results of the tiered
testing described in the New Chemicals Program's PBT Category would
help characterize the PBT attributes of the PMN substance. Further, a
certificate of analysis should be provided for the test substance.
CFR citation: 40 CFR 721.10165.
PMN Number P-08-180
Chemical name: 1,3-Cyclohexanedione, 2-[2-chloro-4-(methylsulfonyl)-3-
[(2,2,2-trifluoroethoxy)methyl]benzoyl]-, ion(1-), potassium salt
(1:1).
CAS number: 1121649-70-4.
Basis for action: The PMN states that the generic (non-confidential)
use of the substance will be as a precursor to another chemical
substance. Based on test data on the PMN substance, EPA has concerns
for developmental and systemic toxicity in humans. EPA predicts
toxicity to aquatic organisms may occur at concentrations that exceed
0.1 ppb of the PMN substance in surface waters. As described in the
PMN, significant worker exposure is not expected for the use described
and the substance will not be released to surface waters in amounts
resulting in surface water concentrations that exceed 0.1 ppb.
Therefore, EPA has not determined that the proposed manufacturing,
processing, or use of the substance may present an unreasonable risk.
EPA has determined, however, that any use of the substance resulting in
surface waters concentrations that exceed 0.1 ppb may cause serious
health effects and significant adverse environmental effects. Based on
this information, the PMN substance meets the concern criteria at Sec.
721.170 (b)(3)(i) and (b)(4)(i).
Recommended testing: EPA has determined that the results of the
following tests would help characterize the human health and
environmental effects of the PMN substance: A porous pot test (OPPTS
Harmonized Test Guideline 835.3220); and either (1) a sediment/water
microcosm biodegradation test (OPPTS Harmonized Test Guideline
835.3180), (2) a site-specific aquatic microcosm test, laboratory
(OPPTS Harmonized Test Guideline 850.1925), or (3) a field testing for
aquatic organisms (OPPTS Harmonized Test Guideline 850.1950).
CFR citation: 40 CFR 721.10166.
PMN Number P-08-212
Chemical name: Tetrafluoro nitrotoluene (generic).
CAS number: Not available.
Basis for action: The PMN states that the generic (non-confidential)
use of the substance will be as a chemical intermediate. Based on test
data on analogous neutral organic chemicals, EPA predicts toxicity to
aquatic organisms may occur at concentrations that exceed 200 ppb of
the PMN substance in surface waters. As described in the PMN, the
substance is not expected to be released to surface

waters. Therefore, EPA has not determined that the proposed
manufacturing, processing, or use of the substance may present an
unreasonable risk. EPA has determined, however, that any use of the
substance resulting in release to surface waters may cause significant
adverse environmental effects. Based on this information, the PMN
substance meets the concern criteria at Sec.  721.170(b)(4)(ii).
Recommended testing: EPA has determined that the results of a fish
acute toxicity test (OPPTS Harmonized Test Guideline 850.1075); an
aquatic invertebrate acute toxicity test with freshwater daphnids
(OPPTS Harmonized Test Guideline 850.1010); and an algal toxicity test,
tiers I and II (OPPTS Harmonized Test Guideline 850.5400) would help
characterize the environmental effects of the PMN substance. Fish and
daphnia testing should be performed using the flow-through method with
measured concentrations. Algal testing should be preformed using the
static method with measured concentrations. Further, a certificate of
analysis should be provided for the test substance.
CFR citation: 40 CFR 721.10167.
PMN Number P-08-275
Chemical name: Cesium tungsten oxide.
CAS number: 52350-17-1.
Basis for action: The PMN states that the substance will be used as a
component of infrared absorption material. Based on test data on
analogous crystalline respirable, poorly soluble particulates, EPA has
concerns for lung overload and lung cancer for the PMN substance. As
described in the PMN, significant worker exposure is unlikely as dermal
absorption is not expected and inhalation exposures are expected to be
negligible because the PMN substance is used in aqueous form.
Therefore, EPA has not determined that the proposed manufacturing,
processing, or use of the substance may present an unreasonable risk.
EPA has determined, however, that manufacturing, processing, or use of
the substance as a solid may cause serious health effects. Based on
this information, the PMN substance meets the concern criteria at Sec.
721.170 (b)(1)(i)(C) and (b)(3)(ii).
Recommended testing: EPA has determined that the results of a 90-day
inhalation toxicity study (OPPTS Harmonized Test Guideline 870.3465)
with a 60-day holding period in rats and with special attention to the
histopathology of the lungs would help characterize the human health
effects of the PMN substance. Depending on the results of this testing,
a 2-year inhalation carcinogenicity study (OPPTS Harmonized Test
Guideline 870.4200) may be warranted.
CFR citation: 40 CFR 721.10168.

V. Rationale and Objectives of the Rule

A. Rationale

    During review of the PMNs submitted for the chemical substances
that are subject to these SNURs, EPA concluded that for 2 of the 12
chemical substances, regulation was warranted under TSCA section 5(e),
pending the development of information sufficient to make reasoned
evaluations of the health or environmental effects of the chemical
substances. The basis for such findings is outlined in Unit IV. Based
on these findings, TSCA section 5(e) consent orders requiring the use
of appropriate exposure controls were negotiated with the PMN
submitters. The SNUR provisions for these chemical substances are
consistent with the provisions of the TSCA section 5(e) consent orders.
These SNURs are promulgated pursuant to Sec.  721.160.
    In the other 10 cases, where the uses are not regulated under a
TSCA section 5(e) consent order, EPA determined that one or more of the
criteria of concern established at Sec.  721.170 were met, as discussed
in Unit IV.

B. Objectives

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

VI. Direct Final Procedures

    EPA is issuing these SNURs as a direct final rule, as described in
Sec.  721.160(c)(3) and Sec.  721.170(d)(4). In accordance with Sec.
721.160(c)(3)(ii) and Sec.  721.170(d)(4)(i)(B), the effective date of
this rule is November 17, 2009 without further notice, unless EPA
receives written adverse or critical comments, or notice of intent to
submit adverse or critical comments before October 19, 2009.
    If EPA receives written adverse or critical comments, or notice of
intent to submit adverse or critical comments, on one or more of these
SNURs before October 19, 2009, EPA will withdraw the relevant sections
of this direct final rule before its effective date. EPA will then
issue a proposed SNUR for the chemical substance(s) on which adverse or
critical comments were received, providing a 30-day period for public
comment.
    This rule establishes SNURs for a number of chemical substances.
Any person who submits adverse or critical comments, or notice of
intent to submit adverse or critical comments, must identify the
chemical substance and the new use to which it applies. EPA will not
withdraw a SNUR for a chemical substance not identified in the comment.

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

    To establish a significant ``new'' use, EPA must determine that the
use is not ongoing. The chemical substances subject to this rule have
undergone premanufacture review. TSCA section 5(e) consent orders have
been issued for 2 chemical substances and the PMN submitters are
prohibited by the TSCA section 5(e) consent orders from undertaking
activities which EPA is designating as significant new uses. In cases
where EPA has not received a notice of commencement (NOC) and the
chemical substance has not been added to the TSCA Inventory, no other
person may commence such activities without first submitting a PMN. For
chemical substances for which an NOC has not been submitted at this
time, EPA concludes that the uses are not ongoing. However, EPA
recognizes that prior to the effective date of the rule, when chemical
substances identified in this SNUR are added to the TSCA Inventory,

other persons may engage in a significant new use as defined in this
rule before the effective date of the rule. However, 4 of the 12
chemical substances contained in this rule have CBI chemical
identities, and since EPA has received a limited number of post-PMN
bona fide submissions (per Sec.  720.25 and Sec.  721.11), the Agency
believes that it is highly unlikely that any of the significant new
uses described in the regulatory text of this rule are ongoing.
    As discussed in the Federal Register of April 24, 1990, EPA has
decided that the intent of TSCA section 5(a)(1)(B) is best served by
designating a use as a significant new use as of the date of
publication of this direct final rule rather than as of the effective
date of the rule. If uses begun after publication were considered
ongoing rather than new, it would be difficult for EPA to establish
SNUR notice requirements because a person could defeat the SNUR by
initiating the significant new use before the rule became effective,
and then argue that the use was ongoing before the effective date of
the rule. Thus, persons who begin commercial manufacture, import, or
processing of the chemical substances regulated through this SNUR will
have to cease any such activity before the effective date of this rule.
To resume their activities, these persons would have to comply with all
applicable SNUR notice requirements and wait until the notice review
period, including all extensions, expires (see Unit III.).
    EPA has promulgated provisions to allow persons to comply with this
SNUR before the effective date. If a person meets the conditions of
advance compliance under Sec.  721.45(h), the person is considered
exempt from the requirements of the SNUR.

VIII. Test Data and Other Information

    EPA recognizes that TSCA section 5 does not require developing any
particular test data before submission of a SNUN, except where the
chemical substance subject to the SNUR is also subject to a test rule
under TSCA section 4 (see TSCA section 5(b)). Persons are required only
to submit test data in their possession or control and to describe any
other data known to or reasonably ascertainable by them (see Sec.
720.50). However, upon review of PMNs and SNUNs, the Agency has the
authority to require appropriate testing. In cases where EPA issued a
TSCA section 5(e) consent order that requires or recommends certain
testing, Unit IV. lists those tests. Unit IV. also lists recommended
testing for non-5(e) SNURs. Descriptions of tests are provided for
informational purposes. EPA strongly encourages persons, before
performing any testing, to consult with the Agency pertaining to
protocol selection. Many OPPTS Harmonized Test Guidelines are now
available on the Internet at http://www.epa.gov/opptsfrs/home/
guidelin.htm. The Organisation for Economic Co-operation and
Development (OECD) test guidelines are available from the OECD Bookshop
at http://www.oecdbookshop.org or SourceOECD at http://
www.sourceoecd.org.
    In the TSCA section 5(e) consent orders for several of the chemical
substances regulated under this rule, EPA has established production
volume limits in view of the lack of data on the potential health and
environmental risks that may be posed by the significant new uses or
increased exposure to the chemical substances. These limits cannot be
exceeded unless the PMN submitter first submits the results of toxicity
tests that would permit a reasoned evaluation of the potential risks
posed by these chemical substances. Under recent TSCA section 5(e)
consent orders, each PMN submitter is required to submit each study at
least 14 weeks (earlier TSCA section 5(e) consent orders required
submissions at least 12 weeks) before reaching the specified production
limit. Listings of the tests specified in the TSCA section 5(e) consent
orders are included in Unit IV. The SNURs contain the same production
volume limits as the TSCA section 5(e) consent orders. Exceeding these
production limits is defined as a significant new use. Persons who
intend to exceed the production limit must notify the Agency by
submitting a SNUN at least 90 days in advance of commencement of non-
exempt commercial manufacture, import, or processing.
    The recommended tests may not be the only means of addressing the
potential risks of the chemical substance. However, SNUNs submitted for
significant new uses without any test data may increase the likelihood
that EPA will take action under TSCA section 5(e), particularly if
satisfactory test results have not been obtained from a prior PMN or
SNUN submitter. EPA recommends that potential SNUN submitters contact
EPA early enough so that they will be able to conduct the appropriate
tests.
    SNUN submitters should be aware that EPA will be better able to
evaluate SNUNs which provide detailed information on the following:
     Human exposure and environmental release that may result
from the significant new use of the chemical substances.
     Potential benefits of the chemical substances.
     Information on risks posed by the chemical substances
compared to risks posed by potential substitutes.

IX. Procedural Determinations

    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. This rule cross-
references Sec.  721.1725(b)(1) and is similar to that in Sec.  721.11
for situations where the chemical identity of the chemical substance
subject to a SNUR is CBI. This procedure is cross-referenced in each
SNUR that includes specific significant new uses that are CBI.
    Under these procedures a manufacturer, importer, or processor may
request EPA to determine whether a proposed use would be a significant
new use under the rule. The manufacturer, importer, or processor must
show that it has a bona fide intent to manufacture, import, or process
the chemical substance and must identify the specific use for which it
intends to manufacture, import, or process the chemical substance. If
EPA concludes that the person has shown a bona fide intent to
manufacture, import, 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, importers, and processors can combine the bona fide
submission under the procedure in Sec.  721.1725(b)(1) with that under
Sec.  721.11 into a single step.
    If 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, import, 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 aggregate annual
production volume does not exceed that 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.

X. SNUN Submissions

    As stated in Unit II.C., according to Sec.  721.1(c), persons
submitting a SNUN must comply with the same notice requirements and EPA
regulatory procedures as persons submitting a PMN, including submission
of test data on health and environmental effects as described in 40 CFR
720.50. SNUNs must be mailed to the Environmental Protection Agency,
OPPT Document Control Office (7407M), 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001. Information must be submitted in the form
and manner set forth in EPA Form No. 7710-25. This form is available
from the Environmental Assistance Division (7408M), 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001 (see Sec.  721.25 and Sec.
720.40). Forms and information are also available electronically at
http://www.epa.gov/opptintr/newchems/pubs/pmnforms.htm.

XI. Economic Analysis

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

XII. Statutory and Executive Order Reviews

A. Executive Order 12866

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

B. Paperwork Reduction Act

    According to the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et
seq., an Agency may not conduct or sponsor, and a person is not
required to respond to a collection of information that requires OMB
approval under the PRA, unless it has been approved by OMB and displays
a currently valid OMB control number. The OMB control numbers for EPA's
regulations in title 40 of the CFR, after appearing in the Federal
Register, are listed in 40 CFR part 9, and included on the related
collection instrument or form, if applicable. EPA is amending the table
in 40 CFR part 9 to list the OMB approval number for the information
collection requirements contained in this rule. This listing of the OMB
control numbers and their subsequent codification in the CFR satisfies
the display requirements of PRA and OMB's implementing regulations at 5
CFR part 1320. This Information Collection Request (ICR) was previously
subject to public notice and comment prior to OMB approval, and given
the technical nature of the table, EPA finds that further notice and
comment to amend it is unnecessary. As a result, EPA finds that there
is ``good cause'' under section 553(b)(3)(B) of the Administrative
Procedure Act, 5 U.S.C. 553(b)(3)(B), to amend this table without
further notice and comment.
    The information collection requirements related to this action have
already been approved by OMB pursuant to PRA under OMB control number
2070-0012 (EPA ICR No. 574). This action does not impose any burden
requiring additional OMB approval. If an entity were to submit a SNUN
to the Agency, the annual burden is estimated to average between 30 and
170 hours per response. This burden estimate includes the time needed
to review instructions, search existing data sources, gather and
maintain the data needed, and complete, review, and submit the required
SNUN.
    Send any comments about the accuracy of the burden estimate, and
any suggested methods for minimizing respondent burden, including
through the use of automated collection techniques, to the Director,
Collection Strategies Division, Office of Environmental Information
(2822T), Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001. Please remember to include the OMB control
number in any correspondence, but do not submit any completed forms to
this address.

C. Regulatory Flexibility Act

    Pursuant to section 605(b) of the Regulatory Flexibility Act (RFA)
(5 U.S.C. 601 et seq.), the Agency hereby certifies that promulgation
of these SNURs will not have a significant adverse economic impact on a
substantial number of small entities. The rationale supporting this
conclusion is discussed in this unit. 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 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 over 1,000 SNURs, the
Agency receives on average only 5 notices per year. Of those SNUNs
submitted from 2006-2008, only one appears to be from a small entity.
In addition, the estimated reporting cost for submission of a SNUN (see
Unit XI.) is minimal regardless of the size of the firm. Therefore, EPA
believes that the potential economic impacts of complying with these
SNURs 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

    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 rule. As
such, EPA has determined that this rule does not impose any enforceable
duty, contain any unfunded mandate, or otherwise have any affect on
small governments subject to the requirements of sections 202, 203,
204, or 205 of the Unfunded Mandates Reform Act of 1995 (UMRA) (Public
Law 104-4).

E. Executive Order 13132

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

F. Executive Order 13175

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

G. Executive Order 13045

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

H. Executive Order 13211

    This action is not subject to Executive Order 13211, entitled
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use (66 FR 28355, May 22, 2001), because this action
is not expected to affect energy supply, distribution, or use and
because this action is not a significant regulatory action under
Executive Order 12866.

I. National Technology Transfer and Advancement Act

    In addition, since this action does not involve any technical
standards, section 12(d) of the National Technology Transfer and
Advancement Act of 1995 (NTTAA), Public Law 104-113, section 12(d) (15
U.S.C. 272 note), does not apply to this action.

J. Executive Order 12898

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

XIII. Congressional Review Act

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

List of Subjects

40 CFR Part 9
    Environmental protection, Reporting and recordkeeping requirements.

40 CFR Part 721
    Environmental protection, Chemicals, Hazardous substances,
Reporting and recordkeeping requirements.

    Dated: September 11, 2009.
Wendy C. Hamnett,
Acting Director, Office of Pollution Prevention and Toxics.

0
Therefore, 40 CFR parts 9 and 721 are amended as follows:

PART 9--[AMENDED]

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

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

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

Sec.  9.1  OMB approvals under the Paperwork Reduction Act.

* * * * *

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

------------------------------------------------------------------------
               Significant New Uses of Chemical Substances
------------------------------------------------------------------------
                                * * * * *
721.10157............................................          2070-0012
721.10158............................................          2070-0012
721.10159............................................          2070-0012
721.10160............................................          2070-0012
721.10161............................................          2070-0012
721.10162............................................          2070-0012
721.10163............................................          2070-0012
721.10164............................................          2070-0012
721.10165............................................          2070-0012
721.10166............................................          2070-0012
721.10167............................................          2070-0012
721.10168............................................          2070-0012
                                * * * * *
------------------------------------------------------------------------

* * * * *

PART 721--[AMENDED]

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

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

0
4. By adding new Sec.  721.10157 to subpart E to read as follows:

Sec.  721.10157  Benzeneethanol, halo-,halocycloalkyl-,hydrazinealkyl-
(generic).

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
benzeneethanol,halo-,halocycloalkyl-,hydrazinealkyl (PMN P-05-775) is
subject to reporting under this section for the significant new uses
described in paragraph (a)(2) of this section.
    (2) The significant new uses are:
    (i) Protection in the workplace. Requirements as specified in Sec.
721.63 (a)(1), (a)(2)(i), (a)(2)(ii), (a)(3), (b) (concentration set at
1.0%), and (c).
    (ii) Hazard communication program. Requirements as specified in
Sec.  721.72 (a), (b), (c), (d), (e) (concentration set at 1.0%), (f),
(g)(1)(i) (eye irritation), (g)(1)(iii), (g)(1)(iv), (g)(1)(viii)
(sensitization), (g)(1)(ix), (g)(2)(i), (g)(2)(v), (g)(3)(i),
(g)(3)(ii), (g)(4) (resulting in receiving stream levels exceeding 0.1
parts per billion (ppb)), and (g)(5).
    (iii) Release to water. Requirements as specified in Sec.  721.90
(a)(4), (b)(4), and (c)(4) (N=0.1).
    (b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph.
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125 (a), (b), (c), (d), (e), (f), (g), (h), and (k) are applicable
to manufacturers, importers, and processors of this substance.
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.

0
5. By adding new Sec.  721.10158 to subpart E to read as follows:

Sec.  721.10158  2-Pentanone, 3,5-dichloro-.

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

(1) The chemical substance identified as 2-pentanone, 3,5-dichloro-
(PMN P-06-16; CAS No. 58371-98-5) is subject to reporting under this
section for the significant new uses described in paragraph (a)(2) of
this section.
    (2) The significant new uses are:
    (i) Protection in the workplace. Requirements as specified in Sec.
721.63 (a)(1), (a)(2)(i), (a)(2)(ii), (a)(3), (a)(4), (a)(5), (a)(6),
(b) (concentration set at 1.0%), and (c). Respirators must provide a
National Institute for Occupational Safety and Health (NIOSH) assigned
protection factor (APF) of at least 50. The following NIOSH-approved
respirator with an APF of 50 meets the minimum requirements for Sec.
721.63(a)(4): NIOSH-approved air-purifying, tight-fitting full
facepiece respirator equipped with combination organic gas/vapor P100
cartridges (organic vapor, acid gas, or substance-specific).
    (ii) Hazard communication program. Requirements as specified in
Sec.  721.72 (a), (b), (c), (d), (e) (concentration set at 1.0%), (f),
(g)(1)(i), (g)(1)(ii), (g)(1)(iii), (g)(1)(iv), (g)(1)(viii),
(g)(1)(ix), (g)(2)(i), (g)(2)(ii), (g)(2)(iii), (g)(2)(iv), (g)(2)(v),
(g)(3)(i), (g)(3)(ii), (g)(4) (resulting in receiving stream levels
exceeding 0.1 parts per billion (ppb)), and (g)(5).
    (iii) Release to water. Requirements as specified in Sec.  721.90
(a)(4), (b)(4), and (c)(4) (N=0.1).
    (b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph.
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125 (a), (b), (c), (d), (e), (f), (g), (h), and (k) are applicable
to manufacturers, importers, and processors of this substance.
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.

0
6. By adding new Sec.  721.10159 to subpart E to read as follows:

Sec.  721.10159  1-Docosanamine, N,N-dimethyl-.

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified as 1-docosanamine,
N,N-dimethyl- (PMN P-07-587; CAS No. 21542-96-1) is subject to
reporting under this section for the significant new uses described in
paragraph (a)(2) of this section.
    (2) The significant new uses are:
    (i) Release to water. Requirements as specified in Sec.  721.90
(a)(1), (b)(1), and (c)(1).
    (ii) [Reserved]
    (b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph.
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125 (a), (b), (c), and (k) are applicable to manufacturers,
importers, and processors of this substance.
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.

0
7. By adding new Sec.  721.10160 to subpart E to read as follows:

Sec.  721.10160  Poly(oxy-1,2-ethanediyl), .alpha.-[(13Z)-1-oxo-13-
docosen-1-yl]-.omega.-[[(13Z)-1-oxo-13-docosen-1-yl]oxy]-.

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified as poly(oxy-1,2-
ethanediyl), .alpha.-[(13Z)-1-oxo-13-docosen-1-yl]-.omega.-[[(13Z)-1-
oxo-13-docosen-1-yl]oxy]- (PMN P-07-629; CAS No. 56565-72-1) 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.
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125 (a), (b), (c), and (i) are applicable to manufacturers,
importers, and processors of this substance.
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.
    (3) Determining whether a specific use is subject to this section.
The provisions of Sec.  721.1725(b)(1) apply to this section.

0
8. By adding new Sec.  721.10161 to subpart E to read as follows:

Sec.  721.10161  Substituted silyl methacrylate (generic).

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
substituted silyl methacrylate (PMN P-08-3) is subject to reporting
under this section for the significant new uses described in paragraph
(a)(2) of this section.
    (2) The significant new uses are:
    (i) Release to water. Requirements as specified in Sec.  721.90
(a)(1), (b)(1), and (c)(1).
    (ii) [Reserved]
    (b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph.
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125 (a), (b), (c), and (k) are applicable to manufacturers,
importers, and processors of this substance.
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.

0
9. By adding new Sec.  721.10162 to subpart E to read as follows:

Sec.  721.10162  1,3 Dioxolane-4-butanol, 2-ethenyl-.

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified as 1,3 dioxolane-4-
butanol, 2-ethenyl- (PMN P-08-24; CAS No. 2421-08-1) 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.
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125 (a), (b), (c), and (i) are applicable to manufacturers,
importers, and processors of this substance.
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.
    (3) Determining whether a specific use is subject to this section.
The provisions of Sec.  721.1725(b)(1) apply to this section.

0
10. By adding new Sec.  721.10163 to subpart E to read as follows:

Sec.  721.10163  Chloro fluoro alkane (generic).

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as chloro
fluoro alkane (PMN P-08-33) is subject to reporting under this section
for the significant new uses described in paragraph (a)(2) of this
section.
    (2) The significant new uses are:
    (i) Industrial, commercial, and consumer activities. Requirements
as specified in Sec.  721.80 (f) and (s) (50,000 kilograms).
    (ii) Release to water. Requirements as specified in Sec.  721.90
(b)(1) and (c)(1).
    (b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph.
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125

(a), (b), (c), (i), and (k) are applicable to manufacturers, importers,
and processors of this substance.
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.

0
11. By adding new Sec.  721.10164 to subpart E to read as follows:

Sec.  721.10164  Benzenecarboximidamide, N-hydroxy-4-nitro-.

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified as
benzenecarboximidamide, N-hydroxy-4-nitro- (PMN P-08-36; CAS No. 1613-
86-1) is subject to reporting under this section for the significant
new uses described in paragraph (a)(2) of this section.
    (2) The significant new uses are:
    (i) Release to water. Requirements as specified in Sec.  721.90
(a)(1), (b)(1), and (c)(1).
    (ii) [Reserved]
    (b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph.
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125 (a), (b), (c), and (k) are applicable to manufacturers,
importers, and processors of this substance.
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.

0
12. By adding new Sec.  721.10165 to subpart E to read as follows:

Sec.  721.10165  Carbonotrithioic acid, bis(phenylmethyl) ester.

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified as carbonotrithioic
acid, bis(phenylmethyl) ester (PMN P-08-138; CAS No.26504-29-0) 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(f).
    (ii) Release to water. Requirements as specified in Sec.  721.90
(b)(1) and (c)(1).
    (b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph.
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125 (a), (b), (c), (i), and (k) are applicable to manufacturers,
importers, and processors of this substance.
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.

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13. By adding new Sec.  721.10166 to subpart E to read as follows:

Sec.  721.10166  1,3-Cyclohexanedione, 2-[2-chloro-4-(methylsulfonyl)-
3-[(2,2,2-trifluoroethoxy)methyl]benzoyl]-, ion(1-), potassium salt
(1:1).

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified as 1,3-
cyclohexanedione, 2-[2-chloro-4-(methylsulfonyl)-3-[(2,2,2-
trifluoroethoxy)methyl]benzoyl]-, ion(1-), potassium salt (1:1) (PMN P-
08-180; CAS No. 1121649-70-4) 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) Release to water. Requirements as specified in Sec.  721.90
(a)(4), (b)(4), and (c)(4) (N= 0.1).
    (ii) [Reserved]
    (b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph.
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125 (a), (b), (c), and (k) are applicable to manufacturers,
importers, and processors of this substance.
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.

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14. By adding new Sec.  721.10167 to subpart E to read as follows:

Sec.  721.10167  Tetrafluoro nitrotoluene (generic).

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
tetrafluoro nitrotoluene (PMN P-08-212) is subject to reporting under
this section for the significant new uses described in paragraph (a)(2)
of this section.
    (2) The significant new uses are:
    (i) Release to water. Requirements as specified in Sec.  721.90
(a)(1), (b)(1), and (c)(1).
    (ii) [Reserved]
    (b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph.
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125 (a), (b), (c), and (k) are applicable to manufacturers,
importers, and processors of this substance.
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.

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15. By adding new Sec.  721.10168 to subpart E to read as follows:

Sec.  721.10168  Cesium tungsten oxide.

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified as cesium tungsten
oxide (PMN P-08-275; CAS No. 52350-17-1) is subject to reporting under
this section for the significant new uses described in paragraph (a)(2)
of this section.
    (2) The significant new uses are:
    (i) Industrial, commercial, and consumer activities. Requirements
as specified in Sec.  721.80 (v)(2), (w)(2), and (x)(2).
    (ii) [Reserved]
    (b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph.
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125 (a), (b), (c), and (i) are applicable to manufacturers,
importers, and processors of this substance.
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.

[FR Doc. E9-22533 Filed 9-17-09; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register Volume 78, Number 38 (Tuesday, February 26, 2013)]
[Notices]
[Pages 13051-13052]
[FR Doc No: 2013-04403]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OECA-2012-0693; FRL-9528-5]

Agency Information Collection Activities; Submission to OMB for
Review and Approval; Comment Request; NESHAP for Taconite Iron Ore
Processing (Renewal), EPA ICR Number 2050.05

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

DATES: Additional comments may be submitted on or before March 28,
2013.

ADDRESSES: Submit your comments, referencing docket ID number EPA-HQ-
OECA-2012-0693, to: (1) EPA online, using www.regulations.gov (our
preferred method), or by email to<EMAIL_ADDRESS>or by mail to:
EPA Docket Center (EPA/DC), Environmental Protection Agency,
Enforcement and Compliance Docket and Information Center, mail code
28221T, 1200 Pennsylvania Avenue NW., Washington, DC 20460; and (2) OMB
at: Office of Information and Regulatory Affairs, Office of Management
and Budget (OMB), Attention: Desk Officer for EPA, 725 17th Street NW.,
Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Learia Williams, Monitoring,
Assistance, and Media Programs Division, Office of Compliance, Mail
Code 2227A, Environmental Protection Agency, 1200 Pennsylvania Avenue
NW., Washington, DC 20460; telephone number:<PHONE_NUMBER>; fax
number:<PHONE_NUMBER>; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB
for review and approval according to the procedures prescribed in 5 CFR
1320.12. On October 17, 2012 (77 FR 63813), EPA sought comments on this
ICR pursuant to 5 CFR 1320.8(d). EPA received no comments. Any
additional comments on this ICR should be submitted to both EPA and OMB
within 30 days of this notice.
    EPA has established a public docket for this ICR under docket ID
number EPA-HQ-OECA-2012-0693, which is available for either public
viewing online at http://www.regulations.gov, or in person viewing at
the Enforcement and Compliance Docket in the EPA Docket Center (EPA/
DC), EPA West, Room 3334, 1301 Constitution Avenue NW., Washington, DC.
The EPA Docket Center 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 Reading Room is<PHONE_NUMBER>, and the
telephone number for the Enforcement and Compliance Docket is (202)
566-1752.
    Use EPA's electronic docket and comment system at http://www.regulations.gov to either submit or view public comments, access
the index listing of the contents of the docket, and to access those
documents in the docket that are available electronically. Once in the
system, select ``docket search,'' then key in the docket ID number
identified above. Please note that EPA's policy is that public
comments, whether submitted electronically or in paper, will be made
available for public viewing at http://www.regulations.gov as EPA
receives them and without change, unless the comment contains
copyrighted material, Confidentiality of Business Information (CBI), or
other information whose public disclosure is restricted by statute. For
further information about the electronic docket, go to
www.regulations.gov.
    Title: NESHAP for Taconite Iron Ore Processing (Renewal).
    ICR Numbers: EPA ICR Number 2050.05, OMB Control Number 2060-0538.
    ICR Status: This ICR is scheduled to expire on March 31, 2013.
Under OMB regulations, the Agency may continue to either conduct or
sponsor the collection of information while this submission is pending
at OMB.
    Abstract: The affected entities are subject to the General
Provisions of the NESHAP at 40 CFR part 63, subpart A, and any changes,
or additions to the Provisions specified at 40 CFR part 63, subpart
RRRRR.
    Owners or operators of the affected facilities must submit initial
notification report, performance tests, and periodic reports and
results. Owners or operators are also required to maintain records of
the occurrence and duration of any startup, shutdown, or malfunction in
the operation of an affected facility, or any period during which the
monitoring system is inoperative. Reports, at a minimum, are required
semiannually.
    Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 24
hours per response. ``Burden'' means the total time, effort, or
financial resources expended by persons to generate, maintain, retain,
or disclose or provide information to or for a Federal agency. This
includes the time needed to review instructions; develop, acquire,
install, and utilize technology and systems for the purposes of
collecting, validating, and verifying information, processing and
maintaining information, and disclosing and providing information;
adjust the existing ways to comply with any previously-applicable
instructions and requirements which have subsequently changed; train
personnel to be able to respond to a collection of information; search
data sources; complete and review the collection of information; and
transmit or otherwise disclose the information.
    Respondents/Affected Entities: Owners or operators of taconite iron
ore processing plants.
    Estimated Number of Respondents: 8.
    Frequency of Response: Occasionally and semiannually.
    Estimated Total Annual Hour Burden: 614.
    Estimated Total Annual Cost: $650,107, which includes $392,507 in
labor costs, no capital/startup costs, and $257,600 in operation and
maintenance (O&M) costs.
    Changes in the Estimates: There is a decrease in both respondent
and Agency burdens from the most-recently approved ICR. This is not due
to any program changes. This decrease is due to discrepancies that were
identified in the burden calculations of the previous ICR, which have
been addressed in this

ICR. Specifically, the previous ICR overestimated the frequency of
burden activity associated with site-specific test plans and startup,
shutdown, and malfunction plan reviews. The previous ICR also double-
counted total labor costs associated with respondent reporting
activities. These discrepancies resulted in the overestimation of
respondent and Agency labor burdens. The revisions in this ICR address
those discrepancies, and contribute directly to the observed decrease
in respondent and Agency labor burdens and costs.
    There is an increase in labor rates for both the respondents and
the Agency from the most- recently approved ICR. This ICR uses updated
labor rates from the Bureau of Labor Statistics to calculate burden
costs for respondents, and uses updated labor rates from OPM to
calculate burden costs for the Agency.

John Moses,
Director, Collection Strategies Division.
[FR Doc. 2013-04403 Filed 2-25-13; 8:45 am]
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