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Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Rules and Regulations
FR Doc. 202111840 Filed 6421; 8:45 am BILLING CODE 656050P

ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 721
EPAHQOPPT20200302; FRL10022
76
RIN 2070AB27

Modification of Significant New Uses of Certain Chemical Substances 20
2.M
Environmental Protection Agency EPA.
ACTION: Final rule.
AGENCY:

EPA is amending significant new use rules SNURs issued under the Toxic Substances Control Act TSCA
for certain chemical substances identified herein, which were the subject of premanufacture notices PMNs and significant new use notices SNUNs. This action would amend the SNURs to allow certain new uses reported in the SNUNs without additional notification requirements and modify the significant new use notification requirements based on the actions and determinations for the SNUN submissions. EPA is issuing these amendments based on review of new and existing data for the chemical substances.
DATES: This rule is effective on August 6, 2021. For purposes of judicial review, this rule shall be promulgated at 1 p.m.
e.s.t. on June 21, 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:

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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 rule. The following list of North American Industrial Classification System NAICS codes is
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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, 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, 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
OPPT20200302, is available at https www.regulations.gov or 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.

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II. Background A. What action is the Agency taking?
EPA is issuing amendments to the SNURs for certain chemical substances in 40 CFR part 721 subpart E.
Previously, in the Federal Register of November 18, 2020 85 FR 73439 FRL
1001354, EPA proposed amendments to the SNURs for these chemical substances and established the record for these SNUR amendments in the docket under docket ID number EPA
HQOPPT20200302. That docket includes information considered by the Agency in developing the proposed and final rules, including public comments.
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 i.e., a SNUR
after considering all relevant factors, including those listed in TSCA section 5a2. EPA may also amend a SNUR
promulgated under TSCA section 5a2. Procedures and criteria for modifying or revoking SNUR
requirements appear at 40 CFR 721.185.
Once EPA determines that a use of a chemical substance is a significant new use, TSCA section 5a1B requires persons to submit a SNUN to EPA at least 90 days before they manufacture, import, or process the chemical substance for that use. Persons who must report are described in 40 CFR
721.5.
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 final rule, recordkeeping requirements, exemptions to reporting requirements, and applicability of the rule to uses occurring before the effective date of the final rule.
Provisions relating to user fees appear at 40 CFR part 700. According to 40 CFR
721.1c, persons subject to these SNURs must comply with the same notice 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, h2, h3, and h5, 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
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