[Federal Register Volume 76, Number 93 (Friday, May 13, 2011)]
[Rules and Regulations]
[Pages 27910-27914]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-11435]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 721
[EPA-HQ-OPPT-2009-0669; FRL-8871-5]
RIN 2070-AB27
Modification of the Significant New Uses of 2-Propen-1-one, 1-(4-
morpholinyl)-
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is finalizing an amendment to the significant new use rule
(SNUR) under the Toxic Substances Control Act (TSCA) for 2-Propen-1-
one, 1-(4-morpholinyl)- (CAS No. 5117-12-4). This action requires
persons who intend to manufacture, import, or process the chemical
substance for a use that is designated as a significant new use by this
final rule to notify EPA at least 90 days before commencing that
activity. EPA believes that this action is necessary because the
chemical substance may be hazardous to human health. The required
notification would provide EPA with the opportunity to evaluate the
intended use and, if necessary, to prohibit or limit that activity
before it occurs.
DATES: This final rule is effective June 13, 2011.
ADDRESSES: EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPPT-2009-0669. 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., Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute. Certain
other material, such as copyrighted material, is not placed on the
Internet and will be publicly available only in hard copy form.
Publicly available docket materials are available in the electronic
docket 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
(202) 566-1744, and the telephone number for the OPPT Docket is (202)
566-0280. Docket visitors are required to show photographic
identification, pass through a metal detector, and sign the EPA visitor
log. All visitor bags are processed through an X-ray machine and
subject to search. Visitors will be provided an EPA/DC badge that must
be visible at all times in the building and returned upon departure.
FOR FURTHER INFORMATION CONTACT: For technical information contact:
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:
(202) 564-2209; e-mail address: klosterman.tracey@epa.gov.
For general information contact: The TSCA-Hotline, ABVI-Goodwill,
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202)
554-1404; e-mail address: TSCA-Hotline@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Does this action apply to me?
You may be potentially affected by this action if you manufacture,
import, process, or use 2-Propen-1-one, 1-(4-morpholinyl)-(CAS No.
5117-12-4). Potentially affected entities may include, but are not
limited to:
Manufacturers, importers, or processors of the subject
chemical substance (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;
see also 19 CFR 127.28. Chemical importers must certify that the
shipment of the chemical substance complies with all applicable rules
and orders under TSCA. Importers of chemicals subject to a modified
[[Page 27911]]
SNUR must certify their compliance with the SNUR requirements. The EPA
policy in support of import certification appears at 40 CFR part 707,
subpart B. In addition, any persons who export or intend to export the
chemical substance that is the subject of a final rule 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.
II. Background
A. What action is the Agency taking?
EPA is finalizing an amendment to the SNUR for the chemical
substance identified as 2-Propen-1-one, 1-(4-morpholinyl)- (PMN P-95-
169; CAS No. 5117-12-4) codified at Sec. 721.5185. This final action
requires persons who intend to manufacture, import, or process the
subject chemical substance for an activity that is designated as a
significant new use by this final rule to notify EPA at least 90 days
before commencing that activity.
In addition, EPA is revising the name of the chemical substance as
it appears at Sec. 721.5185 to reflect the correct Chemical Abstracts
(CA) Index name. 2-Propen-1-one, 1-(4-morpholinyl)- is the correct CA
Index name for the chemical substance represented by CAS No. 5117-12-4
as it appears on the TSCA Inventory. The chemical name Morpholine, 4-
(1-oxo-2-propenyl)-, which currently appears at Sec. 721.5185, is a
synonym for CAS No. 5117-12-4.
This rule was proposed in the Federal Register of November 5, 2010
(75 FR 68306) (FRL-8849-7). EPA received no public comments in response
to the proposal. Therefore, the Agency is issuing a final SNUR as
proposed that:
1. Revises the CA Index name for the chemical substance represented
by CAS No. 5117-12-4 from Morpholine, 4-(1-oxo-2-propenyl)- to 2-
Propen-1-one, 1-(4-morpholinyl)-.
2. Identifies those forms of the PMN substance that are exempt from
the provisions of the SNUR. These exemptions apply to quantities of the
PMN substance after it has been completely reacted (cured).
3. Revises the protection in the workplace requirements under Sec.
721.63 to remove all requirements for respiratory protection.
4. Revises the hazard communication requirements under Sec. 721.72
to remove all requirements pertaining to respiratory protection.
5. Revises the industrial, commercial, and consumer requirements
under Sec. 721.80 to remove all requirements pertaining to domestic
manufacture, and aggregate manufacture and import volumes.
6. Removes all disposal requirements under Sec. 721.85.
7. Removes all release to water requirements under Sec. 721.90.
8. Revises the recordkeeping requirements under Sec. 721.125 to
reflect the aforementioned modified SNUR requirements.
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 the four bulleted TSCA section 5(a)(2)
factors listed in Unit IV. of this document. 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. Persons who must report
are described in 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 final
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.
2612) import certification requirements codified at 19 CFR 12.118
through 12.127; see also 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 modified 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 modified SNUR 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.
III. Rationale and Objectives of the Rule
A. Rationale
Under the terms of the TSCA section 5(e) consent order for P-95-
0169, the PMN submitter completed and submitted required testing for
EPA review. Based on these new data, concerns remain for possible
effects to the liver, testes, kidney, and blood from dermal exposure.
However, EPA no longer has substantial human health concerns for
mutagenicity and neurotoxicity. In addition, based on these data,
Agency concerns for carcinogenicity by inhalation were reduced, and
further mitigated by retaining the original consent order prohibition
of industrial processing and use in a non-enclosed process and any use
application methods that generate a vapor, mist, or aerosol form of the
PMN substance. Finally, the Agency re-reviewed the environmental
toxicity profile for the PMN substance and as a result of this
evaluation could no longer make a ``may present unreasonable risk''
finding for releases of the PMN substance to surface waters. As a
result of the aforementioned review, EPA issued a modified TSCA section
5(e) consent order, which became effective on May 9, 2006. These
modifications to the consent order are the same being made to this SNUR
and are described in Unit II.A.
In addition, the Agency received a SNUN (S-08-07) for the subject
chemical substance. The significant new use identified in the notice
was release to water for the generic (non-confidential) use of
``contained use in energy production.'' The 90-day review period for
the SNUN expired with the Agency not taking action on the ``significant
new use'' of release of the substance to water. This decision by the
Agency is consistent with the modifications made to the consent order
for P-95-169 and today's SNUR.
Pursuant to Sec. 721.185(a)(5) and as described in Unit II. of the
proposed rule (see the Federal Register of
[[Page 27912]]
November 5, 2010 (75 FR 68306)), the Agency has examined new
information and reexamined the test data and other information
supporting its finding under section 5(e)(1)(A)(ii)(I) of TSCA for the
chemical substance 2-Propen-1-one, 1-(4-morpholinyl)-. EPA determined
that existing data no longer supports a finding that certain activities
involving the substance ``may present an unreasonable risk'' of injury
to human health and the environment required under section 5(e)(1)(A)
of TSCA.
B. Objectives
EPA is issuing this modified SNUR for 2-Propen-1-one, 1-(4-
morpholinyl)- (PMN P-95-169; CAS No. 5117-12-4) because the Agency
wants to achieve the following objectives with regard to the
significant new uses designated in this final rule:
EPA will receive notice of any person's intent to
manufacture, 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.
IV. Significant New Use Determination
Section 5(a)(2) of TSCA states that EPA's determination that a use
of a chemical substance is a significant new use must be made after
consideration of all relevant factors, including:
The projected volume of manufacturing and processing of a
chemical substance.
The extent to which a use changes the type or form of
exposure of human beings or the environment to a chemical substance.
The extent to which a use increases the magnitude and
duration of exposure of human beings or the environment to a chemical
substance.
The reasonably anticipated manner and methods of
manufacturing, processing, distribution in commerce, and disposal of a
chemical substance.
In addition to these factors enumerated in TSCA section 5(a)(2),
the statute authorizes EPA to consider any other relevant factors.
To determine what would constitute a significant new use for 2-
Propen-1-one, 1-(4-morpholinyl)- subject to this modified SNUR, EPA
considered relevant information about the toxicity of the chemical
substance, likely human exposures and environmental releases associated
with possible uses, taking into consideration the four bulleted TSCA
section 5(a)(2) factors listed in this unit.
V. Applicability of Rule to Uses Occurring Before Effective Date of the
Final Rule
As discussed in the Federal Register of April 24, 1990 (55 FR
17376), EPA has decided that the intent of TSCA section 5(a)(1)(B) is
best served by designating a use as a significant new use as of the
date of publication of the proposed SNUR rather than as of the
effective date of the final rule. If uses begun after publication were
considered ongoing rather than new, it would be difficult for EPA to
establish SNUR notice requirements because a person could defeat the
SNUR by initiating the proposed significant new use before the rule
became effective, and then argue that the use was ongoing before the
effective date of the final rule.
Any person who began commercial manufacture, import, or processing
of the chemical substance 2-Propen-1-one, 1-(4-morpholinyl)- (CAS No.
5117-12-4) for any of the significant new uses designated in the
proposed SNUR modification after the date of publication of the
proposed SNUR must stop that activity before the effective date of this
final rule. Persons who ceased those activities will have to meet all
SNUR notice requirements and wait until the end of the notification
review period, including all extensions, before engaging in any
activities designated as significant new uses. If, however, persons who
began manufacture, import, or processing of the chemical substance
between the date of publication of the proposed SNUR modification and
the effective date of this modified SNUR meet the conditions of advance
compliance as codified at Sec. 721.45(h), those persons would be
considered to have met the modified SNUR requirements for those
activities.
VI. Test Data and Other Information
EPA recognizes that TSCA section 5 does not require developing any
particular test data before submission of a SNUN. There are two
exceptions:
1. Development of test data is required where the chemical
substance subject to the SNUR is also subject to a test rule under TSCA
section 4 (see TSCA section 5(b)(1)).
2. Development of test data may be necessary where the chemical
substance has been listed under TSCA section 5(b)(4) (see TSCA section
5(b)(2)).
In the absence of a TSCA section 4 test rule or a TSCA section
5(b)(4) listing covering the chemical substance, persons are required
only to submit test data in their possession or control and to describe
any other data known to or reasonably ascertainable by them (see Sec.
[emsp14]720.50). However, upon review of PMNs and SNUNs, the Agency has
the authority to require appropriate testing. In this case, EPA
recommends persons, before performing any testing, to consult with the
Agency pertaining to protocol selection.
The recommended testing specified in Unit II.A. of the proposed
rule may not be the only means of addressing the potential risks of the
chemical substance. However, SNUNs submitted without any test data may
increase the likelihood that EPA will respond by taking 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 substance.
Potential benefits of the chemical substance.
Information on risks posed by the chemical substance
compared to risks posed by potential substitutes.
VII. SNUN Submissions
According to 40 CFR 721.1(c), persons submitting a SNUN must comply
with the same notice requirements and EPA regulatory procedures as
persons submitting a PMN, including submission of test data on health
and environmental effects as described in Sec. 720.50. SNUNs must be
on EPA Form No. 7710-25, generated using e-PMN software, and submitted
to the Agency in accordance with the procedures set forth in Sec. Sec.
721.25 and 720.40. E-PMN software is available electronically at http://www.epa.gov/opptintr/newchems.
[[Page 27913]]
VIII. Economic Analysis
EPA evaluated the potential costs of establishing SNUN requirements
for potential manufacturers, importers, and processors of the chemical
substance during the development of the direct final rule. The Agency's
complete Economic Analysis is available in the docket under docket ID
number EPA-HQ-OPPT-2009-0669.
IX. Statutory and Executive Order Reviews
A. Executive Order 12866
This action modifies a SNUR for a chemical substance that is the
subject of a PMN and TSCA section 5(e) consent order. The Office of
Management and Budget (OMB) has exempted these types of actions from
review under Executive Order 12866, entitled Regulatory Planning and
Review (58 FR 51735, October 4, 1993).
B. Paperwork Reduction Act
According to the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et
seq., an Agency may not conduct or sponsor, and a person is not
required to respond to a collection of information that requires OMB
approval under PRA, unless it has been approved by OMB and displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations in title 40 of the CFR, after appearing in the Federal
Register, are listed in 40 CFR part 9, and included on the related
collection instrument or form, if applicable.
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 this SNUR 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 final rule as a
``significant new use.'' Because these uses are ``new,'' based on all
information currently available to EPA, it appears that no small or
large entities presently engage in such activities. A SNUR requires
that any person who intends to engage in such activity in the future
must first notify EPA by submitting a SNUN. Although some small
entities may decide to pursue a significant new use in the future, EPA
cannot presently determine how many, if any, there may be. However,
EPA's experience to date is that, in response to the promulgation of
over 1,400 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 VIII.) is minimal regardless of the size
of the firm. Therefore, EPA believes that the potential economic
impacts of complying with this SNUR are not expected to be significant
or adversely impact a substantial number of small entities. In a SNUR
that published in the Federal Register of June 2, 1997 (62 FR 29684)
(FRL-5597-1), the Agency presented its general determination that
modified 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 final rule.
As such, EPA has determined that this final rule does not impose any
enforceable duty, contain any unfunded mandate, or otherwise have any
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 final rule does not have Tribal implications because it is not
expected to have substantial direct effects on Indian Tribes. This
final rule does not significantly nor uniquely affect the communities
of Indian Tribal governments, nor does it involve or impose any
requirements that affect Indian Tribes. Accordingly, the requirements
of Executive Order 13175, entitled Consultation and Coordination with
Indian Tribal Governments (65 FR 67249, November 9, 2000), do not apply
to this final rule.
G. Executive Order 13045
This action is not subject to Executive Order 13045, entitled
Protection of Children from Environmental Health Risks and Safety Risks
(62 FR 19885, April 23, 1997), because this is not an economically
significant regulatory action as defined by Executive Order 12866, and
this action does not address environmental health or safety risks
disproportionately affecting children.
H. Executive Order 13211
This action is not subject to Executive Order 13211, entitled
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use (66 FR 28355, May 22, 2001), because this action
is not expected to affect energy supply, distribution, or use and
because this action is not a significant regulatory action under
Executive Order 12866.
I. National Technology Transfer and Advancement Act
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
[[Page 27914]]
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).
X. 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 to each House of the Congress and
the Comptroller General of the United States. EPA will submit a report
containing this rule and other required information to the U.S. Senate,
the U.S. House of Representatives, and the Comptroller General of the
United States prior to publication of the rule in the Federal Register.
This rule is not a ``major rule'' as defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 721
Environmental protection, Chemicals, Hazardous substances,
Reporting and recordkeeping requirements.
Dated: April 29, 2011.
Wendy C. Hamnett,
Director, Office of Pollution Prevention and Toxics.
Therefore, 40 CFR part 721 is amended as follows:
PART 721--[AMENDED]
0
1. The authority citation for part 721 continues to read as follows:
Authority: 15 U.S.C. 2604, 2607, and 2625(c).
0
2. Amend Sec. 721.5185 as follows:
0
a. Revise the section heading.
0
b. Revise paragraphs (a)(1) and (a)(2)(i).
0
c. Add paragraph (a)(2)(ii).
0
d. Revise paragraph (a)(2)(iii).
0
e. Remove paragraphs (a)(2)(iv), (a)(2)(v), and (a)(2)(vi).
0
f. Revise paragraph (b)(1).
The revisions and addition read as follows:
Sec. 721.5185 2-Propen-1-one, 1-(4-morpholinyl)-.
(a) * * *
(1) The chemical substance identified as 2-Propen-1-one, 1-(4-
morpholinyl)-(PMN P-95-169; CAS No. 5117-12-4) is subject to reporting
under this section for the significant new uses described in paragraph
(a)(2) of this section. The requirements of this rule do not apply to
quantities of the PMN substance after it has been completely reacted
(cured).
(2) * * *
(i) Protection in the workplace. Requirements as specified in Sec.
721.63 (a)(1), (a)(2)(i), (a)(2)(iv), (a)(3)(i), (a)(3)(ii), (a)(4),
(a)(6)(v), (b) (concentration set at 1.0 percent), and (c). Safety 4/4H
EVOH/PE laminate, Ansell Edmont Neoprene number 865, and Solvex Nitrile
Rubber number 275 gloves have been tested in accordance with the
American Society for Testing Materials (ASTM) F739 method and found by
EPA to satisfy the consent orders and Sec. 721.63(a)(2)(i)
requirements for dermal protection to 100 percent PMN substance. Gloves
and other dermal protection may not be used for a time period longer
than they are actually tested and must be replaced at the end of each
work shift. For additional dermal protection materials, a company must
submit all test data to the Agency and must receive written Agency
approval for each type of material tested prior to use of that material
as worker dermal protection. However, for the purposes of determining
the imperviousness of gloves, up to 1 year after the commencement of
commercial manufacture or import, the employer may use the method
described in Sec. 721.63(a)(3)(ii), thereafter, they must use the
method described in Sec. 721.63(a)(3)(i).
(ii) Hazard communication program. Requirements as specified in
Sec. 721.72 (a), (b), (c), (d), (e) (concentration set at 1.0
percent), (f), (g)(1)(iv), (g)(1)(vi), (g)(2)(v), and (g)(5).
(iii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80 (a), (c), and (y)(1).
(b) * * *
(1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125 (a) through (i) are applicable to manufacturers, importers, and
processors of this chemical substance.
* * * * *
[FR Doc. 2011-11435 Filed 5-12-11; 8:45 am]
BILLING CODE 6560-50-P