[Federal Register Volume 79, Number 27 (Monday, February 10, 2014)]
[Proposed Rules]
[Pages 7621-7627]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-02846]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 721
[EPA-HQ-OPPT-2013-0399; FRL-9903-43]
RIN 2070-AB27
Proposed Significant New Use Rule on Certain Chemical Substances
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing significant new use rules (SNURs) under the
Toxic Substances Control Act (TSCA) for three chemical substances which
were the subject of premanufacture notices (PMNs). This action would
require persons who intend to manufacture (including import) or process
any of the chemical substances for an activity that is designated as a
significant new use by this proposed rule to notify EPA at least 90
days before commencing that activity. The required notification would
provide EPA with the opportunity to evaluate the intended use and, if
necessary, to prohibit or limit the activity before it occurs.
DATES: Comments must be received on or before April 11, 2014.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPPT-2013-0399, by one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments.
Mail: Document Control Office (7407M), Office of Pollution
Prevention and Toxics (OPPT), Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington, DC 20460-0001.
Hand Delivery: OPPT Document Control Office (DCO), EPA
East Bldg., Rm. 6428, 1201 Constitution Ave. NW., Washington, DC. ATTN:
Docket ID Number EPA-HQ-OPPT-2013-0399. 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 (202) 564-8930. 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-
2013-0399. EPA's policy is that all comments received will be included
in the docket without change and may be made available online at http://www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business
[[Page 7622]]
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 email. The
regulations.gov Web site is an ``anonymous access'' system, which means
EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to EPA without going through regulations.gov, your email
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 (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:
Kenneth Moss, Chemical Control Division (7405M), Office of Pollution
Prevention and Toxics, Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number:
(202) 564-9232; email address: [email protected].
For general information contact: The TSCA-Hotline, ABVI-Goodwill,
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202)
554-1404; email address: [email protected].
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
You may be potentially affected by this action if you manufacture,
process, or use the chemical substances contained in this proposed
rule. The following list of North American Classification System
(NAICS) codes is not intended to be exhaustive, but rather provides a
guide to help readers determine whether this document applies to them.
Potentially affected entities may include:
Manufacturers (including importers) or processors of one
or more subject chemical substances (NAICS codes 325 and 324110), e.g.,
chemical manufacturing and petroleum refineries.
This action may also affect certain entities through pre-existing
import certification and export notification rules under TSCA. 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 final SNUR
must certify their compliance with the SNUR requirements. The EPA
policy in support of import certification appears at 40 CFR part 707,
subpart B. In addition, any persons who export or intend to export a
chemical substance that is the subject of a proposed or final SNUR, are
subject to the export notification provisions of TSCA section 12(b) (15
U.S.C. 2611(b)) (see Sec. [emsp14]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 email. 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 proposing these SNURs under TSCA section 5(a)(2) for three
chemical substances which were the subject of PMNs P-12-539, P-13-107,
and P-13-109. These SNURs would require persons who intend to
manufacture or process any of these chemical substances for an activity
that is designated as a significant new use to notify EPA at least 90
days before commencing that activity.
In the Federal Register of August 7, 2013 (78 FR 48051) (FRL-9393-
4), EPA issued direct final SNURs on these three chemical substances in
accordance with the procedures at Sec. 721.160(c)(3)(i). EPA received
notices of intent to submit adverse comments on these SNURs. Therefore,
as required by Sec. 721.160(c)(3)(ii), EPA removed the direct final
SNURs in a separate final rule published in the Federal Register of
November 5, 2013 (78 FR 66279) (FRL-9902-16), and is now issuing this
[[Page 7623]]
proposed rule on the three chemical substances. The record for the
direct final SNURs on these chemical substances was established as
docket EPA-HQ-OPPT-2013-0399. That record includes information
considered by the Agency in developing the direct final rule.
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 III. Once EPA determines that a use of a
chemical substance is a significant new use, TSCA section 5(a)(1)(B)
requires persons to submit a significant new use notice (SNUN) to EPA
at least 90 days before they manufacture or process the chemical
substance for that use. Persons who must report are described in Sec.
[emsp14]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. [emsp14]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.
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
three chemical substances that are the subject of this proposed rule,
EPA considered relevant information about the toxicity of the chemical
substances, likely human exposures and environmental releases
associated with possible uses, and the four bulleted TSCA section
5(a)(2) factors listed in this unit.
IV. Substances Subject to This Proposed Rule
EPA is proposing significant new use and recordkeeping requirements
for three 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.
Chemical Abstracts Service (CAS) Registry number (assigned
for non-confidential chemical identities).
Basis for the TSCA section 5(e) consent order.
Tests recommended by EPA to provide sufficient information
to evaluate the chemical substance (see Unit VII. for more
information).
CFR citation assigned in the regulatory text section of
this proposed rule.
The regulatory text section of this proposed 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 proposed rule,
may be claimed as CBI.
This proposed rule includes PMN substances P-12-539, P-13-107, and
P-13-109 that are subject to a ``risk-based'' and ``exposure-based''
consent order under TSCA section 5(e)(1)(A)(i), 5(e)(1)(A)(ii)(I), and
5(e)(1)(A)(ii)(II) where EPA determined that activities associated with
the PMN substances may present unreasonable risk to human health or the
environment, that the PMN substances are expected to be produced in
substantial quantities, and that there may either be significant or
substantial human exposure and/or the PMN substance may enter the
environment in substantial quantities. This consent order requires
protective measures to limit exposures or otherwise mitigate the
potential unreasonable risk. The so-called ``TSCA section 5(e) SNURs''
on these PMN substances are proposed pursuant to Sec. [emsp14]721.160,
and are based on and consistent with the provisions in the underlying
consent order. The TSCA section 5(e) SNURs designate as a ``significant
new use'' the absence of the protective measures required in the
corresponding consent order.
PMN Numbers P-12-539, P-13-107, and P-13-109
Chemical names: Alkanes, C21-34-branched and linear, chloro (P-12-
539), alkanes, C22-30-branched and linear, chloro (P-13-107), and
alkanes, C24-28, chloro (P-13-109).
CAS numbers: 1417900-96-9 (P-12-539), 1401947-24-0 (P-13-107), and
1402738-52-6 (P-13-109).
Effective date of TSCA section 5(e) consent order: March 19, 2013.
Basis for TSCA section 5(e) consent order: The PMNs state that the
uses of the PMN substances are as flame retardants/plasticizers in
polymers and extreme pressure lubricants in metal working fluids
(MWFs). There are also several CBI uses that are generically described
as: Plasticizer and lubricant with flame retardant properties. By
analogy to medium chain chlorinated paraffins (MCCPs--alkyl chain
length of 14 to 17), EPA expects very long chain chlorinated paraffins
(vLCCPs) and possible degradation products to be potentially highly
persistent, potentially bioaccumulative, and potentially toxic.
Transport and magnification across trophic levels may also result in
toxicity to higher organisms, including fish, higher predators, and
potentially humans. EPA has concerns about the potential for the vLCCPs
to degrade to shorter chain chlorinated compounds, as well as concerns
about potential impurities or small fractions of MCCPs and/or long-
chain chlorinated paraffins (LCCPs--alkyl chain length of 18 to 20).
The consent order was issued under TSCA sections 5(e)(1)(A)(i),
5(e)(1)(A)(ii)(I), and 5(e)(1)(A)(ii)(II) based on a finding that these
PMN substances may present an unreasonable risk of injury to the
environment and the PMN substances may be produced in substantial
quantities and may reasonably be anticipated to enter the environment
in substantial quantities, and there may be significant (or
substantial) human exposures to the
[[Page 7624]]
PMN substances. To protect against these risks, the consent order
requires:
1. Manufacture (including import) of the PMN substances at a
cumulative, aggregate volume not to exceed 1,200,000 kilograms (kg),
14,100,000 kg, 59,100,000 kg, 78,400,000 kg, and 86,100,000 kg unless
the company has submitted the results of certain environmental effects
studies.
2. No manufacture of the PMN substances with the amount of
chlorinated paraffins, with an alkyl chain less than or equal to 20, to
exceed more than 1% of that PMN substance by weight.
3. Risk notification.
Recommended testing: EPA has determined that analysis for chain
length and percent chlorination (for example by gas chromatography-mass
spectrometry or high performance liquid chromatography-mass
spectrometry (GC/MS HPLC/MS)); a modified semi-continuous activated
sludge (SCAS) test (OPPTS Test Guideline 835.3210), a modified SCAS
test for insoluble and volatile chemicals (OPPTS Test Guideline
835.5045) or Zahn Wellens/EMPA test (OPPTS Test Guideline 835.3200); an
aerobic and anaerobic transformation in soil test (Organisation for
Economic Co-operation and Development (OECD) Test Guideline 307); a
bioaccumulation in sediment-dwelling benthic oligochaetes (OECD Test
Guideline 315) on the PMN substances and their potential degradation
products; and sediment-water chironomid life-cycle toxicity test using
spiked water or spiked sediment (OECD Test Guideline 233) or a
sediment-water lumbriculus toxicity test using spiked sediment (OECD
Test Guideline 225) on the PMN substances and their presumed
degradation products would help characterize the effects of the PMN
substances. Testing specifications are stated in the TSCA section 5(e)
consent order for P-12-539, P-13-107, and P-13-109 which is available
in the docket under docket ID number EPA-HQ-OPPT-2013-0399.
CFR citations: 40 CFR 721.10673 (P-12-539), 40 CFR 721.10674 (P-13-
107), and 40 CFR 721.10675 (P-13-109).
V. Rationale and Objectives of the Proposed Rule
A. Rationale
During review of the PMNs submitted for the three chemical
substances that are subject to these proposed SNURs, EPA concluded that
regulation was warranted under TSCA section 5(e), pending the
development of information sufficient to make reasoned evaluations of
the health and environmental effects of the chemical substances. The
basis for these 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 order.
B. Objectives
EPA is proposing these SNURs for specific chemical substances that
have undergone premanufacture review because the Agency wants to
achieve the following objectives with regard to the significant new
uses designated in this proposed rule:
EPA would receive notice of any person's intent to
manufacture or process a listed chemical substance for the described
significant new use before that activity begins.
EPA would have an opportunity to review and evaluate data
submitted in a SNUN before the notice submitter begins manufacturing or
processing a listed chemical substance for the described significant
new use.
EPA would be able to regulate prospective manufacturers or
processors of a listed chemical substance before the described
significant new use of that chemical substance occurs, provided that
regulation is warranted pursuant to TSCA sections 5(e), 5(f), 6, or 7.
EPA would ensure that all manufacturers and processors of
the same chemical substance that is subject to a TSCA section 5(e)
consent order are subject to similar requirements.
Issuance of a SNUR for a chemical substance does not signify that
the chemical substance is listed on the TSCA Chemical Substance
Inventory (TSCA Inventory). Guidance on how to determine if a chemical
substance is on the TSCA Inventory is available on the Internet at
http://www.epa.gov/opptintr/existingchemicals/pubs/tscainventory/index.html.
VI. Applicability of the Proposed Rule to Uses Occurring Before the
Effective Date of the Final Rule
To establish a significant ``new'' use, EPA must determine that the
use is not ongoing. The chemical substances subject to this proposed
rule have undergone premanufacture review. A TSCA section 5(e) consent
order has been issued for these chemical substances and the PMN
submitters are prohibited by the TSCA section 5(e) consent order 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. Therefore, for chemical substances for which an NOC
has not been submitted EPA concludes that the designated significant
new uses are not ongoing.
When chemical substances identified in this proposed rule are added
to the TSCA Inventory, EPA recognizes that, before the rule is
effective, other persons might engage in a use that has been identified
as a significant new use. However, TSCA section 5(e) consent orders
have been issued for these chemical substances, and the PMN submitters
are prohibited by the TSCA section 5(e) consent order from undertaking
activities which would be designated as significant new uses. The
identities of the chemical substances subject to this proposed rule
have not been claimed as confidential and EPA has received no post-PMN
bona fide submissions (per 40 CFR 720.25 and Sec. 721.11). Based on
this, the Agency believes that it is highly unlikely that any of the
significant new uses described in the regulatory text of this proposed
rule are ongoing.
Therefore, EPA designates February 10, 2014 as the cutoff date for
determining whether the new use is ongoing. Persons who begin
commercial manufacture or processing of the chemical substances for a
significant new use identified as of that date would have to cease any
such activity upon the effective date of the final rule. To resume
their activities, these persons would have to first comply with all
applicable SNUR notification requirements and wait until the notice
review period, including any extensions, expires. If such a person met
the conditions of advance compliance under Sec. 721.45(h), the person
would be considered exempt from the requirements of the SNUR. Consult
the Federal Register document of April 24, 1990 (55 FR 17376) for a
more detailed discussion of the cutoff date for ongoing uses.
VII. Test Data and Other Information
EPA recognizes that TSCA section 5 does not require developing any
particular test data before submission of a SNUN. The two exceptions
are:
1. Development of test data is required where the chemical
substance subject to the SNUR is also subject to a test rule under TSCA
section 4 (see TSCA section 5(b)(1)).
2. Development of test data may be necessary where the chemical
substance
[[Page 7625]]
has been listed under TSCA section 5(b)(4) (see TSCA section 5(b)(2)).
In the absence of a TSCA section 4 test rule or a TSCA section
5(b)(4) listing covering the chemical substance, persons are required
only to submit test data in their possession or control and to describe
any other data known to or reasonably ascertainable by them (see 40 CFR
720.50). However, upon review of PMNs and SNUNs, the Agency has the
authority to require appropriate testing. In cases where EPA issued a
TSCA section 5(e) consent order that requires or recommends certain
testing, Unit IV. lists those tests. 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. To access the OCSPP test guidelines referenced in
this document electronically, please go to http://www.epa.gov/ocspp and
select ``Test Methods and Guidelines.'' The 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 order for three of the chemical
substances in this proposed 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
before reaching the specified production limit. The SNURs contain the
same production volume limits as the TSCA section 5(e) consent order.
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 (including import) or processing.
The recommended tests specified in Unit IV. may not be the only
means of addressing the potential risks of the chemical substance.
However, submitting a SNUN 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.
VIII. SNUN Submissions
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
submitted on EPA Form No. 7710-25, generated using e-PMN software, and
submitted to the Agency in accordance with the procedures set forth in
40 CFR 720.40 and Sec. 721.25. E-PMN software is available
electronically at http://www.epa.gov/opptintr/newchems.
IX. Economic Analysis
EPA has evaluated the potential costs of establishing SNUN
requirements for potential manufacturers and processors of the chemical
substances during the development of the direct final rule. EPA's
complete economic analysis is available in the docket under docket ID
number EPA-HQ-OPPT-2013-0399.
X. Statutory and Executive Order Reviews
A. Executive Order 12866
This proposed rule would establish SNURs for three chemical
substances that were the subject of PMNs and a TSCA section 5(e)
consent order. The Office of Management and Budget (OMB) has exempted
these types of actions from review under Executive Order 12866,
entitled ``Regulatory Planning and Review'' (58 FR 51735, October 4,
1993).
B. Paperwork Reduction Act (PRA)
According to PRA, 44 U.S.C. 3501 et seq., an Agency may not conduct
or sponsor, and a person is not required to respond to a collection of
information that requires OMB approval under PRA, unless it has been
approved by OMB and displays a currently valid OMB control number. The
OMB control numbers for EPA's regulations in title 40 of the CFR, after
appearing in the Federal Register, are listed in 40 CFR part 9, and
included on the related collection instrument or form, if applicable.
The information collection requirements related to this action have
already been approved by OMB pursuant to PRA under OMB control number
2070-0012 (EPA ICR No. 574). This action would 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 (RFA)
On February 18, 2012, EPA certified pursuant to RFA section 605(b)
(5 U.S.C. 601 et seq.), that promulgation of a SNUR does not have a
significant economic impact on a substantial number of small entities
where the following are true:
1. A significant number of SNUNs would not be submitted by small
entities in response to the SNUR.
2. The SNUR submitted by any small entity would not cost
significantly more than $8,300.
A copy of that certification is available in the docket for this
proposed rule.
This proposed rule is within the scope of the February 18, 2012
certification. Based on the Economic Analysis discussed in Unit IX.,
and EPA's experience promulgating SNURs (discussed in the
certification), EPA believes that the following are true:
A significant number of SNUNs would not be submitted by
small entities in response to the SNUR.
Submission of the SNUN would not cost any small entity
significantly more than $8,300.
Therefore, the promulgation of these SNURs would not have a
significant economic impact on a substantial number of small entities.
[[Page 7626]]
D. Unfunded Mandates Reform Act (UMRA)
Based on EPA's experience with proposing and finalizing SNURs,
State, local, and Tribal governments have not been impacted by these
rulemakings, and EPA does not have any reasons to believe that any
State, local, or Tribal government would be impacted by this proposed
rule. As such, EPA has determined that this proposed rule would not
impose any enforceable duty, contain any unfunded mandate, or otherwise
have any effect on small governments subject to the requirements of
UMRA sections 202, 203, 204, or 205 (2 U.S.C. 1501 et seq.).
E. Executive Order 13132
This action would not have a substantial direct effect on States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government, as specified in Executive Order 13132, entitled
``Federalism'' (64 FR 43255, August 10, 1999).
F. Executive Order 13175
This proposed rule would not have Tribal implications because it is
not expected to have substantial direct effects on Indian Tribes. This
proposed rule would not significantly nor uniquely affect the
communities of Indian Tribal governments, nor would it involve or
impose any requirements that affect Indian Tribes. Accordingly, the
requirements of Executive Order 13175, entitled ``Consultation and
Coordination with Indian Tribal Governments'' (65 FR 67249, November 9,
2000), do not apply to this proposed rule.
G. 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 proposed rule is not subject to Executive Order 13211,
entitled ``Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001),
because this action is not expected to affect energy supply,
distribution, or use and because this action is not a significant
regulatory action under Executive Order 12866.
I. National Technology Transfer and Advancement Act (NTTAA)
In addition, since this action would not involve any technical
standards, NTTAA section 12(d) (15 U.S.C. 272 note), would 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).
List of Subjects in 40 CFR Part 721
Environmental protection, Chemicals, Hazardous substances,
Reporting and recordkeeping requirements.
Dated: February 2, 2014.
Maria J. Doa,
Director, Chemical Control Division, Office of Pollution Prevention and
Toxics.
Therefore, it is proposed that 40 CFR chapter I be 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. Add Sec. [emsp14]721.10673 to subpart E to read as follows:
Sec. [emsp14]721.10673 Alkanes, C21-34-branched and linear, chloro.
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified as alkanes, C21-34-
branched and linear, chloro (PMN P-12-539; CAS No. 1417900-96-9) is
subject to reporting under this section for the significant new uses
described in paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(j) (manufacture of the PMN substance with
less than 1 weight percent of chlorinated paraffins with an alkyl chain
<=20) and Sec. 721.80(p) (1,200,000 kilograms (kg), 14,100,000 kg,
59,100,000 kg, 78,400,000 kg, and 86,100,000 kg of the aggregate of the
PMN substances P-12-539 and P-13-109).
(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 and
processors of this substance.
(2) Limitations or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
0
3. Add Sec. [emsp14]721.10674 to subpart E to read as follows:
Sec. [emsp14]721.10674 Alkanes, C22-30-branched and linear, chloro.
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified as alkanes, C22-30-
branched and linear, chloro (PMN P-13-107; CAS No. 1401947-24-0) is
subject to reporting under this section for the significant new uses
described in paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(j) (manufacture of the PMN substance with
less than 1 weight percent of chlorinated paraffins with an alkyl chain
<= 20) and Sec. 721.80(p) (14,100,000 kilograms (kg), 59,100,000 kg,
78,400,000 kg, 86,100,000 kg of PMN substance P-13-107, from March 19,
2013).
(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 and
processors of this substance.
(2) Limitations or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
0
4. Add Sec. [emsp14]721.10675 to subpart E to read as follows:
Sec. [emsp14]721.10675 Alkanes, C24-28, chloro.
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified as alkanes, C24-28,
chloro (PMN P-13-109; CAS No. 1402738-52-6) is subject to reporting
under this section for the significant new uses described in paragraph
(a)(2) of this section.
(2) The significant new uses are:
(i) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(j) (manufacture of the PMN substance with
less than 1 weight percent of chlorinated paraffins with an alkyl chain
<= 20) and Sec. 721.80(p) (1,200,000 kilograms (kg), 14,100,000 kg,
78,400,000 kg, 86,100,000 kg of the aggregate of the PMN substances P-
12-539 and P-13-109).
[[Page 7627]]
(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 and
processors of this substance.
(2) Limitations or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
[FR Doc. 2014-02846 Filed 2-7-14; 8:45 am]
BILLING CODE 6560-50-P