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Federal Register / Vol. 86, No. 194 / Tuesday, October 12, 2021 / Proposed Rules
Issued in Fort Worth, Texas, on October 5, 2021.
Steven Phillips, Manager, Operations Support Group, ATO
Central Service Center.
FR Doc. 202122078 Filed 10821; 8:45 am BILLING CODE 491013P

ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 721
EPAHQOPPT20210220; FRL880401
OCSPP
RIN 2070AB27

Significant New Use Rules on Certain Chemical Substances 211.F
Environmental Protection Agency EPA.
ACTION: Proposed rule.
AGENCY:

SUPPLEMENTARY INFORMATION:

EPA is proposing significant new use rules SNURs under the Toxic Substances Control Act TSCA for chemical substances that were the subject of premanufacture notices PMNs. The chemical substances received not likely to present an unreasonable risk determinations under TSCA. The SNURs require persons who intend to manufacture defined by statute to include import or process any of these chemical substances for an activity that is proposed as a significant new use by this rule to notify EPA at least 90 days before commencing that activity. The required notification initiates EPAs evaluation of the use, under the conditions of use for that chemical substance, within the applicable review period. Persons may not commence manufacture or processing for the significant new use until EPA has conducted a review of the notice, made an appropriate determination on the notice, and has taken such actions as are required by that determination.
DATES: Comments must be received on or before November 12, 2021.
ADDRESSES: Submit your comments, identified by docket identification ID
number EPAHQOPPT20210220, through the Federal eRulemaking Portal at https www.regulations.gov. Follow the online instructions for submitting comments. Do not submit electronically any information you consider to be Confidential Business Information CBI
or other information whose disclosure is restricted by statute.
Due to the public health concerns related to COVID19, the EPA Docket Center EPA/DC and Reading Room is closed to visitors with limited SUMMARY:

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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.
FOR FURTHER INFORMATION CONTACT:
For technical information contact:
William Wysong, New Chemicals Division 7405M, Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 204600001;
telephone number: 202 5644163;
email address: wysong.william@epa.gov.
For general information contact: The TSCA-Hotline, ABVI-Goodwill, 422
South Clinton Ave., Rochester, NY
14620; telephone number: 202 554
1404; email address: TSCA-Hotline@
epa.gov.
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 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 promulgated at 19 CFR 12.118 through 12.127 and 19 CFR 127.28. Chemical importers must certify that the shipment of the chemical substance complies with all applicable rules and Orders under TSCA, which would include the SNUR
requirements should these proposed rules be finalized. 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 proposed rule on or after November 12, 2021 are subject to the export notification provisions of TSCA
section 12b 15 U.S.C. 2611b see 40
CFR 721.20, and must comply with the export notification requirements in 40
CFR part 707, subpart D.

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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 CDROM that you mail to EPA, mark the outside of the disk or CDROM as CBI and then identify electronically within the disk or CDROM 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 preparing and submitting your comments, see the commenting tips at https www.epa.gov/dockets/
commenting-epa-dockets.
II. Background A. What action is the Agency taking?
EPA is proposing these SNURs under TSCA section 5a2 15 U.S.C.
2604a2 for chemical substances that were the subject of PMNs. These proposed SNURs would require persons to notify EPA at least 90 days before commencing the manufacture or processing of any of these chemical substances for an activity proposed as a significant new use. Receipt of such notices would allow EPA to assess risks and, if appropriate, to regulate the significant new use before it may occur.
The docket for these proposed SNURs, identified as docket ID number EPAHQOPPT20210220, includes information considered by the Agency in developing these proposed SNURs.
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. 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
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