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Federal Register / Vol. 86, No. 157 / Wednesday, August 18, 2021 / Rules and Regulations enclosure or confinement of the operation, general and local ventilation or administrative control measures e.g., workplace policies and procedures shall be considered and implemented to prevent exposure, where feasible. For purposes of 721.63a5, respirators must provide a National Institute for Occupational Safety and Health NIOSH assigned protection factor APF of at least 1,000. For purposes of 721.63a6, the airborne forms of the substance include particulate. For purposes of 721.63b, the concentration is set at 0.1%.
A As an alternative to the respirator requirements in paragraph a2i of this section, a manufacturer or processor may choose to follow the new chemical exposure limit NCEL provision listed in the TSCA Order for this substance.
The NCEL is 0.04 mg/m3 as an 8-hour time weighted average. Persons who wish to pursue NCELs as an alternative to 721.63 respirator requirements may request to do so under 721.30. Persons whose 721.30 requests to use the NCELs approach are approved by the EPA will be required to follow NCELs provisions comparable to those contained in the corresponding TSCA
Order.
B Reserved ii Hazard communication.
Requirements as specified in 721.72a through f and g1, 2, and 5. For purposes of 721.72e, the concentration is set at 0.1%. For purposes of 721.72g1, this substance may cause: Allergic skin reaction; respiratory sensitization; germ cell mutagenicity; respiratory complications; cancer. For purposes of 721.72g2, when using this substance: Avoid skin contact; avoid breathing substance; avoid ingestion;
use skin protection; use respiratory protection or maintain workplace airborne concentrations at or below an 8-hour time-weighted average of 0.04
mg/m3. Alternative hazard and warning statements that meet the criteria of the Globally Harmonized System and OSHA
Hazard Communication Standard may be used.
iii Industrial, commercial, and consumer activities. Requirements as specified in 721.80k.
b Specific requirements. The provisions of subpart A of this part apply to this section except as modified by this paragraph b.
1 Recordkeeping. Recordkeeping requirements as specified in 721.125a through i are applicable to manufacturers and processors of this substance.
2 Limitation or revocation of certain notification requirements. The
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provisions of 721.185 apply to this section.
3 Determining whether a specific use is subject to this section. The provisions of 721.1725b1 apply to paragraph a2iii of this section.
11. Add 721.11315 to read as follows:
721.11315

Lithium nickel hydride oxide.

a Chemical substance and significant new uses subject to reporting.
1 The chemical substance identified as lithium nickel hydride oxide PMN P
18123; CAS No. 2081933926 is subject to reporting under this section for the significant new uses described in paragraph a2 of this section.
2 The significant new uses are:
i Protection in the workplace.
Requirements as specified in 721.63a1, 3 through 6, and c.
When determining which persons are reasonably likely to be exposed as required for 721.63a1 and 4, engineering control measures e.g., enclosure or confinement of the operation, general and local ventilation or administrative control measures e.g., workplace policies and procedures shall be considered and implemented to prevent exposure, where feasible. For purposes of 721.63a5, respirators must provide a National Institute for Occupational Safety and Health NIOSH assigned protection factor APF of at least 50. For purposes of 721.63a6, the airborne forms of the substance include particulate.
A As an alternative to the respirator requirements in paragraph a2i of this section, a manufacturer or processor may choose to follow the new chemical exposure limit NCEL provision listed in the TSCA Order for this substance.
The NCEL is 0.05 mg/m3 as an 8-hour time weighted average. Persons who wish to pursue NCELs as an alternative to 721.63 respirator requirements may request to do so under 721.30. Persons whose 721.30 requests to use the NCELs approach are approved by EPA
will be required to follow NCELs provisions comparable to those contained in the corresponding TSCA
Order.
B Reserved ii Hazard communication.
Requirements as specified in 721.72a through d, f, g1ii through iv and vii through ix, g2, g3ii, g4i, and g5. For purposes of 721.72g2, when using this substance: Avoid skin contact; avoid breathing substance; avoid ingestion;
use skin protection; use respiratory protection or maintain workplace airborne concentrations at or below an 8-hour time-weighted average of 0.05

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mg/m3. Alternative hazard and warning statements that meet the criteria of the Globally Harmonized System and OSHA
Hazard Communication Standard may be used.
iii Industrial, commercial, and consumer activities. It is a significant new use to manufacture the substance for more than four years.
iv Release to water. Requirements as specified in 721.90a4, b4, and c4 where N=32.
b Specific requirements. The provisions of subpart A of this part apply to this section except as modified by this paragraph b.
1 Recordkeeping. Recordkeeping requirements as specified in 721.125a through i and k are applicable to manufacturers and processors of this substance.
2 Limitation or revocation of certain notification requirements. The provisions of 721.185 apply to this section.
12. Add 721,11316 to read as follows:
721.11316
oxide.

Lithium nickel potassium
a Chemical substance and significant new uses subject to reporting.
1 The chemical substance identified as lithium nickel potassium oxide PMN
P18124, CAS No. 210352957 is subject to reporting under this section for the significant new uses described in paragraph a2 of this section.
2 The significant new uses are:
i Protection in the workplace.
Requirements as specified in 721.63a1, 3 through 6, and c.
When determining which persons are reasonably likely to be exposed as required for 721.63a1 and 4, engineering control measures e.g., enclosure or confinement of the operation, general and local ventilation or administrative control measures e.g., workplace policies and procedures shall be considered and implemented to prevent exposure, where feasible. For purposes of 721.63a5, respirators must provide a National Institute for Occupational Safety and Health NIOSH assigned protection factor APF of at least 50. For purposes of 721.63a6, the airborne forms of the substance include particulate.
A As an alternative to the respirator requirements in paragraph a2i of this section, a manufacturer or processor may choose to follow the new chemical exposure limit NCEL provision listed in the TSCA Order for this substance.
The NCEL is 0.05 mg/m3 as an 8-hour time weighted average. Persons who wish to pursue NCELs as an alternative to 721.63 respirator requirements may
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