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Federal Register / Vol. 86, No. 155 / Monday, August 16, 2021 / Rules and Regulations ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 9 and 721
EPAHQOPPT20200304; FRL814602
OCSPP
RIN 2070AB27

Significant New Use Rules on Certain Chemical Substances 208.B
Environmental Protection Agency EPA.
ACTION: Final rule.
AGENCY:

EPA is issuing significant new use rules SNURs under the Toxic Substances Control Act TSCA for chemical substances which were the subject of premanufacture notices PMNs. This action requires persons to notify EPA at least 90 days before commencing manufacture defined by statute to include import or processing of any of these chemical substances for an activity that is designated as a significant new use by this rule. This action further requires that persons not commence manufacture or processing for the significant new use until they have submitted a Significant New Use Notice SNUN, EPA has conducted a review of the notice, made an appropriate determination on the notice, and has taken any risk management actions as are required as a result of that determination.
DATES: This rule is effective on October 15, 2021. For purposes of judicial review, this rule shall be promulgated at 1 p.m. e.s.t. on August 30, 2021.
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.
SUMMARY:

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
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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, which would include the SNUR requirements.
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 or 725.920 for the MCAN substance, 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
OPPT20200304, 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 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.
II. Background A. What action is the Agency taking?
EPA is finalizing SNURs under TSCA
section 5a2 for chemical substances
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which were the subject of PMNs P18
399, P18400, and P2068. 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 25, 2020 85 FR 52294 FRL
1001307, EPA proposed SNURs for these chemical substances. 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 public comments and EPAs responses to the public comments received on the proposed rules, as 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 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
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