Federal Register - June 7, 2021
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Source: Federal Register
Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Rules and Regulations this SNUR are not expected to be significant or adversely impact a substantial number of small entities. In a SNUR that published in the Federal Register of June 2, 1997 62 FR 29684
FRL55971, the Agency presented its general determination that final SNURs are not expected to have a significant economic impact on a substantial number of small entities, which was provided to the Chief Counsel for Advocacy of the Small Business Administration.
D. Unfunded Mandates Reform Act UMRA
Based on EPAs experience with proposing and finalizing SNURs, State, local, and Tribal governments have not been impacted by these rulemakings, and EPA does not have any reasons to believe that any State, local, or Tribal government will be impacted by this action. As such, EPA has determined that this action does not impose any enforceable duty, contain any unfunded mandate, or otherwise have any effect on small governments subject to the requirements of UMRA sections 202, 203, 204, or 205 2 U.S.C. 1501 et seq..
E. Executive Order 13132: Federalism This action will not have federalism implications because it is not expected to have a substantial direct effect on States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132 64 FR 43255, August 10, 1999.
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F. Executive Order 13175: Consultation and Coordination With Indian Tribe Governments This action will not have Tribal implications because it is not expected to have substantial direct effects on Indian Tribes, significantly or uniquely affect the communities of Indian Tribal governments, and does not involve or impose any requirements that affect Indian Tribes. Accordingly, the requirements of Executive Order 13175
65 FR 67249, November 9, 2000, do not apply to this action.
G. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks This action is not subject to Executive Order 13045 62 FR 19885, April 23, 1997, because this is not an economically significant regulatory action as defined by Executive Order 12866, and this action does not address environmental health or safety risks disproportionately affecting children.
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H. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use This action is not subject to Executive Order 13211 66 FR 28355, May 22, 2001, because this action is not expected to affect energy supply, distribution, or use and because this action is not a significant regulatory action under Executive Order 12866.
I. National Technology Transfer and Advancement Act NTTAA
Since this action does not involve any technical standards, NTTAA section 12d 15 U.S.C. 272 note, does not apply to this action.
J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations This action does not entail special considerations of environmental justice related issues as delineated by Executive Order 12898 59 FR 7629, February 16, 1994.
K. Congressional Review Act CRA
This action is subject to the CRA 5
U.S.C. 801 et seq., and EPA will submit a rule report containing this rule and other required information to each House of the Congress and to the Comptroller General of the United States. This action is not a major rule as defined by 5 U.S.C. 8042.
List of Subjects in 40 CFR Part 721
Environmental protection, Chemicals, Hazardous substances, Reporting and recordkeeping requirements.
Dated: May 25, 2021.
Tala Henry, Deputy Director, Office of Pollution Prevention and Toxics.
Therefore, for the reasons stated in the preamble, 40 CFR chapter I is amended as follows:
PART 721SIGNIFICANT NEW USES
OF CHEMICAL SUBSTANCES
1. The authority citation for part 721
continues to read as follows:
Authority: 15 U.S.C. 2604, 2607, and 2625c.
2. Amend 721.983 by revising paragraphs a1 and a2ii to read as follows:
721.983 Sulfonyl azide intermediate generic.
a 1 The chemical substance identified generically as sulfonyl azide intermediate PMN P991202 and SNUN S156 is subject to reporting
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under this section for the significant new uses described in paragraph a2
of this section.
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ii Industrial, commercial, and consumer activities. Requirements as specified in 721.80f. It is a significant new use to import, process, or use this chemical substance as a powder unless less than 1% of particles by weight are less than 200 microns.
3. Amend 721.9675 by revising paragraphs a1, a2i, a2ii and b1 to read as follows:
721.9675 Titanate Ti6O13 2-, dipotassium.
a Chemical substance and significant new uses subject to reporting.
1 The chemical substance identified as titanate Ti6O13 2-, dipotassium PMN P90226; SNUNs P961408, S
086, S094, S1349, S165, and S
176; CAS No. 12056518 is subject to reporting under this section for the significant new uses described in paragraph a2 of this section.
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i Protection in the workplace. For manufacturing, processing, and use of SN176: Requirements as specified in 721.63a4, 5, 6, and c. When determining which persons are reasonably likely to be exposed as required for 721.63a4, 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 assigned protection factor of at least 10.
For purposes of 721.63a6, the airborne forms of the substance include particulate including solid or liquid droplets.
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 section 5e consent order for this substance. The NCEL is 0.8 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 section 5e consent order.
B Reserved
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