Federal Register - August 18, 2021

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Fuente: Federal Register

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Federal Register / Vol. 86, No. 157 / Wednesday, August 18, 2021 / Rules and Regulations limited exceptions. The staff continues to provide remote customer service via email, phone, and webform. For the latest status information on EPA/DC
services and docket access, visit https
www.epa.gov/dockets.

14620; telephone number: 202 554
1404; email address: TSCA-Hotline@
epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
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A. Does this action apply to me?
You may be potentially affected by this action if you manufacture, process, or use the chemical substances contained in this rule. The following list of North American Industrial Classification System NAICS codes is not intended to be exhaustive, but rather provides a guide to help readers determine whether this document applies to them. Potentially affected entities may include:
Manufacturers or processors of one or more subject chemical substances NAICS codes 325 and 324110, e.g., chemical manufacturing and petroleum refineries.
This action may also affect certain entities through pre-existing import certification and export notification rules under TSCA. Chemical importers are subject to the TSCA section 13 15
U.S.C. 2612 import provisions. The EPA policy in support of import certification appears at 40 CFR part 707, subpart B. In addition, pursuant to 40
CFR 721.20, any persons who export or intend to export a chemical substance that is the subject of this rule are subject to the export notification provisions of TSCA section 12b 15 U.S.C. 2611b, and must comply with the export notification requirements in 40 CFR part 707, subpart D.
B. How can I access the docket?
The docket includes information considered by the Agency in developing the proposed and final rules. The docket for this action, identified by docket identification ID number EPAHQ
OPPT20190359, is available at https www.regulations.gov and at the Office of Pollution Prevention and Toxics Docket OPPT Docket, Environmental Protection Agency Docket Center EPA/DC, West William Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW, Washington, DC.
The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is 202 5661744, and the telephone number for the OPPT
Docket is 202 5660280. Please review the visitor instructions and additional information about the docket available at https www.epa.gov/dockets.
Due to the public health emergency, the EPA Docket Center EPA/DC and Reading Room is closed to visitors with
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II. Background A. What action is the Agency taking?
EPA is finalizing SNURs under TSCA
section 5a2 for chemical substances which were the subject of PMNs P16
400, P17119, P17191, P17220, P
17387, P17388, P187, P188, P
1877, P1885, P18101, P18107, P18118, P18119, P18152, P18
169, P18238, P18307, P18312, P
198, P199, P1926, P1927, and P1945. These SNURs require persons who intend to manufacture or process any of these chemical substances for an activity that is designated as a significant new use to notify EPA at least 90 days before commencing that activity.
Previously, in the Federal Register of August 6, 2019 84 FR 38159 FRL
999662, EPA proposed SNURs for the chemical substances being finalized in this Federal Register document, in addition to proposing SNURs for other chemical substances, which will be addressed in a subsequent Federal Register document. More information on the specific chemical substances subject to this final rule can be found in the Federal Register document proposing the SNURs. The docket includes information considered by the Agency in developing the proposed and final rules, including the public comments received on the proposed rules that are described in Unit IV.
B. What is the Agencys authority for taking this action?
TSCA section 5a2 15 U.S.C.
2604a2 authorizes EPA to determine that a use of a chemical substance is a significant new use. EPA must make this determination by rule after considering all relevant factors, including the four TSCA section 5a2
factors listed in Unit III.
C. Do the SNUR general provisions apply?
General provisions for SNURs appear in 40 CFR part 721, subpart A. These provisions describe persons subject to the rule, recordkeeping requirements, exemptions to reporting requirements, and applicability of the rule to uses occurring before the effective date of the rule. Provisions relating to user fees appear at 40 CFR part 700. Pursuant to 40 CFR 721.1c, persons subject to these SNURs must comply with the same
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SNUN requirements and EPA regulatory procedures as submitters of PMNs under TSCA section 5a1A. In particular, these requirements include the information submission requirements of TSCA sections 5b and 5d1, the exemptions authorized by TSCA
sections 5h1, 5h2, 5h3, and 5h5 and the regulations at 40 CFR
part 720. Once EPA receives a SNUN, EPA must either determine that the significant new use is not likely to present an unreasonable risk of injury or take such regulatory action as is associated with an alternative determination before manufacture or processing for the significant new use can commence. If EPA determines that the significant new use is not likely to present an unreasonable risk, EPA is required under TSCA section 5g to make public, and submit for publication in the Federal Register, a statement of EPAs findings.
III. Significant New Use Determination A. Determination Factors TSCA section 5a2 states that EPAs determination that a use of a chemical substance is a significant new use must be made after consideration of all relevant factors, including:
The projected volume of manufacturing and processing of a chemical substance.
The extent to which a use changes the type or form of exposure of human beings or the environment to a chemical substance.
The extent to which a use increases the magnitude and duration of exposure of human beings or the environment to a chemical substance.
The reasonably anticipated manner and methods of manufacturing, processing, distribution in commerce, and disposal of a chemical substance.
In determining what would constitute a significant new use for the chemical substances that are the subject of these SNURs, EPA considered relevant information about the toxicity of the chemical substances and potential human exposures and environmental releases that may be associated with the substances, in the context of the four bulleted TSCA section 5a2 factors listed in this unit.
During its review of the chemical substances that are the subjects of these SNURs and as further discussed in Unit VI., EPA identified potential risk concerns associated with other circumstances of use that, while not intended or reasonably foreseen, may occur in the future. EPA is designating those other circumstances of use as significant new uses.

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Federal Register - August 18, 2021

TítuloFederal Register

PaísEstados Unidos de América

Fecha18/08/2021

Nro. de páginas485

Nro. de ediciones7794

Primera edición14/03/1936

Ultima edición12/06/2026

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