[Federal Register Volume 88, Number 117 (Tuesday, June 20, 2023)]
[Proposed Rules]
[Pages 39804-39818]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13012]



[[Page 39804]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 721

[EPA-HQ-OPPT-2023-0245; FRL-10985-01-OCSPP]
RIN 2070-AB27


Significant New Use Rules on Certain Chemical Substances (23-
2.5e)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing significant new use rules (SNURs) under the 
Toxic Substances Control Act (TSCA) for certain chemical substances 
that were the subject of premanufacture notices (PMNs) and are also 
subject to an Order issued by EPA pursuant to 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 EPA's 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 July 20, 2023.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPPT-2023-0245, 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. Additional 
instructions on commenting and visiting the docket, along with more 
information about dockets generally, is available at 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 20460-0001; telephone number: (202) 564-4163; email address: 
[email protected].
    For general information contact: The TSCA-Hotline, ABVI-Goodwill, 
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202) 
554-1404; email address: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Executive Summary

A. What is the Agency's authority for taking this action?

    TSCA section 5(a)(2) (15 U.S.C. 2604(a)(2)) 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 5(a)(2) factors 
listed in Unit II.

B. What action is the Agency taking?

    EPA is proposing these SNURs under TSCA section 5(a)(2) (15 U.S.C. 
2604(a)(2)) for certain 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 
EPA-HQ-OPPT-2023-0245, includes information considered by the Agency in 
developing these proposed SNURs.

C. Why is the Agency taking this action?

    The Agency is proposing these SNURs to ensure that EPA receives 
timely advanced notice of any future manufacturing (including 
importing) or processing of the chemical substances subject to these 
proposed SNURs for uses identified as significant new uses, and to 
ensure that an appropriate determination (relevant to the potential 
risks associated with such manufacturing (including importing), 
processing, distribution in commerce, use and disposal) has been issued 
prior to the commencement of such manufacturing (including importing) 
or processing. The proposed SNURs are necessary to ensure that 
manufacturing (including import) or processing for significant new uses 
cannot proceed until EPA has responded to the planned new use 
circumstances by taking the required actions under TSCA sections 5(e) 
or 5(f) in the event that EPA determines that: (1) The significant new 
use presents an unreasonable risk under the conditions of use (without 
consideration of costs or other nonrisk factors, and including an 
unreasonable risk to a potentially exposed or susceptible subpopulation 
(PESS) identified as relevant by EPA); (2) The information available to 
EPA is insufficient to permit a reasoned evaluation of the health and 
environmental effects of the significant new use; (3) In the absence of 
sufficient information, the manufacturing (including importing), 
processing, distribution in commerce, use, or disposal of the 
substance, or any combination of such activities, may present an 
unreasonable risk (without consideration of costs or other nonrisk 
factors, and including an unreasonable risk to a PESS identified as 
relevant by EPA); or (4) There is substantial production and sufficient 
potential for environmental release or human exposure (as defined in 
TSCA section 5(a)(3)(B)(ii)(II)). For manufacturing (including 
importing) or processing for the significant new use to proceed after 
EPA has made one of these four determinations, EPA must take actions 
under TSCA sections 5(e) or 5(f) to protect health and the environment. 
However, EPA may also determine that the significant new use is not 
likely to present an unreasonable risk under TSCA section 5(a)(3)(C), 
after which manufacturing (including importing) or processing for the 
significant new use may proceed.
    The rationale and objectives for this proposed SNUR are further 
explained in Unit II.B.

D. Does this action apply to me?

    1. General applicability.
    This action may apply to you if you manufacture (defined by statute 
to include import), process, or use the chemical substances addressed 
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.
    2. Applicability to importers and exporters.
    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 (see also 19 CFR 
127.28), and the EPA policy in support of import

[[Page 39805]]

certification at 40 CFR part 707, subpart B. Chemical importers must 
certify that the shipment of the chemical substance complies with all 
applicable rules and Orders under TSCA, including regulations issued 
under TSCA sections 5, 6, 7 and Title IV.
    In addition, pursuant to 40 CFR 721.20, this action may also apply 
to any persons who export or intend to export a chemical substance that 
is the subject of this proposed rule on or after July 20, 2023 are 
subject to the export notification provisions of TSCA section 12(b) (15 
U.S.C. 2611(b)) (see 40 CFR 721.20), and must comply with the export 
notification requirements in 40 CFR part 707, subpart D.

E. What are the estimated incremental impacts of this action?

    EPA has evaluated the potential costs of establishing SNUR 
reporting requirements for potential manufacturers (including 
importers) and processors of the chemical substances included in this 
proposed rule. This analysis, which is available in the docket, is 
briefly summarized here.
    1. Estimated costs for SNUN submissions.
    If a SNUN is submitted, costs are an estimated $26,700 per SNUN 
submission for large business submitters and $11,000 for small business 
submitters. These estimates include the cost to prepare and submit the 
SNUN (including registration for EPA's Central Data Exchange (CDX)), 
and the payment of a user fee. Businesses that submit a SNUN would be 
subject to either a $19,020 user fee required by 40 CFR 
700.45(c)(2)(ii) and (d), or, if they are a small business as defined 
at 13 CFR 121.201, a reduced user fee of $3,300 (40 CFR 
700.45(c)(1)(ii) and (d)) per fiscal year 2022. The costs of submission 
for SNUNs will not be incurred by any company unless a company decides 
to pursue a significant new use as defined in this proposed SNUR. 
Additionally, these estimates reflect the costs and fees as they are 
known at the time of this rulemaking.
    2. Estimated costs for export notifications.
    EPA has also evaluated the potential costs associated with the 
export notification requirements under TSCA section 12(b) and the 
implementing regulations at 40 CFR part 707, subpart D, which require 
exporters to notify EPA if they export or intend to export a chemical 
substance or mixture for which, among other things, a rule has been 
proposed or promulgated under TSCA section 5. For persons exporting a 
substance that is the subject of a SNUR, a one-time notice to EPA must 
be provided for the first export or intended export to a particular 
country. The total costs of export notification will vary by chemical, 
depending on the number of required notifications (i.e., the number of 
countries to which the chemical is exported). While EPA is unable to 
make any estimate of the likely number of export notifications for the 
chemical substances covered by these proposed SNURs, as stated in the 
accompanying economic analysis, the estimated cost of the export 
notification requirement on a per unit basis is approximately $106.

F. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI.
    Do not submit this information to EPA through https://www.regulations.gov or email. If you wish to include CBI in your 
comment, please follow the applicable instructions at https://www.epa.gov/dockets/commenting-epa-dockets#rules and clearly mark the 
part or all of the information that you claim to be 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. Significant New Use Determination

    1. Determination factors.
    TSCA section 5(a)(2) states that EPA's determination that a use of 
a chemical substance is a significant new use must be made after 
consideration of all relevant factors, including:
     The projected volume of manufacturing and processing of a 
chemical substance.
     The extent to which a use changes the type or form of 
exposure of human beings or the environment to a chemical substance.
     The extent to which a use increases the magnitude and 
duration of exposure of human beings or the environment to a chemical 
substance.
     The reasonably anticipated manner and methods of 
manufacturing, processing, distribution in commerce, and disposal of a 
chemical substance.
    In addition to the factors enumerated in TSCA section 5(a)(2), the 
statute authorizes EPA to consider any other relevant factors.
    2. Scientific standards, evidence, and available information.
    EPA has used reasonably available information, as well as technical 
procedures, measures, methods, protocols, methodologies, and models 
consistent with the best available science, as applicable. These 
information sources supply information relevant to whether a particular 
use would be a significant new use, based on relevant factors including 
those listed under TSCA section 5(a)(2).
    The clarity and completeness of the data, assumptions, methods, 
quality assurance, and analyses employed in EPA's decision are 
documented, as applicable and to the extent necessary for purposes of 
the proposed SNURs, in the references cited throughout the preamble of 
this proposed rule. The extent to which the various information, 
procedures, measures, methods, protocols, methodologies or models used 
in EPA's decision have been subject to independent verification or peer 
review is adequate to justify their use, collectively, in the record 
for a significant new use rule.
    3. Determination for these chemical substances.
    In determining what would constitute a significant new use for the 
chemical substances that are the subject of these proposed SNURs, EPA 
considered relevant information about the toxicity of the chemical 
substances and potential human exposures and environmental releases 
that may be associated with possible uses of these chemical substances, 
in the context of the four TSCA section 5(a)(2) factors listed in Unit 
II.A.1.
    These proposed SNURs include PMN substances that are subject to 
Orders issued under TSCA section 5(e)(1)(A), as required by the 
determinations made under TSCA section 5(a)(3)(B). The TSCA Orders 
require protective measures to limit exposures or otherwise mitigate 
the potential unreasonable risk. The proposed SNURs identify 
significant new uses as any manufacturing, processing, use, 
distribution in commerce, or disposal that does not conform to the 
restrictions imposed by the underlying TSCA Orders, consistent with 
TSCA section 5(f)(4).
    The 18 proposed rules also identify as an additional significant 
new use, manufacturing or processing of the chemical substances using 
feedstocks that contain any amount of contaminants listed in the 
proposed rules. This preamble also identifies the sources of data 
documenting the presence or absence of such contaminants in pyrolysis 
products

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derived from plastic waste. The 18 proposed rules identify as an 
additional significant new use the manufacturing or processing of the 
chemical substances using feedstocks that contain any amount of heavy 
metals (arsenic, cadmium, chromium VI, lead, mercury), dioxins, 
phthalates, per- and polyfluoroalkyl substances (PFAS), polybrominated 
diphenyl ethers (PBDEs), alkylphenols, perchlorates, benzophenone, 
bisphenol A (BPA), organochlorine pesticides (OCPs), ethyl glycol, 
methyl glycol, or N-methyl-2-pyrrolidone (NMP). For purposes of this 
SNUR PFAS or per- and poly-fluoroalkyl substance means a chemical 
substance that contains at least one of these three structures:
    (i) R-(CF2)-CF(R')R'', where both the CF2 and CF moieties are 
saturated carbons;
    (ii) R-CF2OCF2-R', where R and R' can either be F, O, or saturated 
carbons; or
    (iii) CF3C(CF3)R'R'', where R' and R'' can either be F or saturated 
carbons.
    By identifying this additional significant new use, EPA is ensuring 
these substances cannot be manufactured or processed using feedstocks 
that contain these substances, without additional Agency review. EPA is 
determining that this is a significant new use because subsequent to 
issuance of the TSCA section 5(e) orders for these substances EPA 
became aware that the precursor chemicals for the PMN substances may 
contain contaminants of concern that were not previously identified. 
See the following references to sources of these chemical substances in 
this unit:
     US EPA (2016). ``State of the Science White Paper: A 
Summary of Literature on the Chemical Toxicity of Plastics Pollution to 
Aquatic Life and Aquatic-Dependent Wildlife.'' Document ID No. EPA-822-
R-16-009 (2016). See https://www.epa.gov/sites/default/files/2016-12/documents/plastics-aquatic-life-report.pdf.
     European Chemicals Agency (August 2021), entitled 
``Chemical Recycling of Polymeric Materials from Waste in the Circular 
Economy Final Report.'' See https://echa.europa.eu/documents/10162/1459379/chem_recycling_final_report_en.pdf/887c4182-8327-e197-0bc4-17a5d608de6e.
     Environmental Defense Fund Supply Chain Solutions Center 
(2022). Understanding Packaging Scorecard as referenced by the 
Environmental Defense Fund entitled ``Key chemicals of concern in food 
packaging and food handling equipment.'' See https://supplychain.edf.org/files/downloadable-TABLE-CoCs-in-Food-Packaging.pdf.
     Whitehead, Heather et al. (2023). ``Directly Fluorinated 
Containers as a Source of Perfluoroalkyl Carboxylic Acids.'' Environ. 
Sci. Technol. Lett. 2023, 10, 4, 350-355, Publication Date: March 6, 
2023. See https://doi.org/10.1021/acs.estlett.3c00083.
     US EPA (2021). Research BRIEF: ``Potential PFAS 
Destruction Technology: Pyrolysis and Gasification.'' January 2021. See 
https://www.epa.gov/sites/default/files/2021-01/documents/pitt_research_brief_pyrolysis_final_jan_27_2021_508.pdf.
     Thoma, Eben et al. (2022). ``Pyrolysis processing of PFAS-
impacted biosolids, a pilot study.'' Journal of the Air and Waste 
Management Association. February 2022. See https://doi.org/10.1080/10962247.2021.2009935.
     Turner et al. (2021). ``Hazardous metal additives in 
plastics and their environmental impacts.'' Environment International, 
Volume 156, November 2021, 106622. See https://www.sciencedirect.com/science/article/pii/S0160412021002476.
    For each of the 18 proposed SNURs containing significant new uses 
not based on the Order requirements, EPA is also proposing to make the 
general reporting exemption described in 40 CFR 721.45(i) inapplicable 
to each SNUR to ensure that persons subject to the Order would also be 
subject to the significant new use notification requirements in this 
proposed rule, including those that are not based on Order 
requirements. 40 CFR 721.45(i) provides that the notification 
requirements of 40 CFR 721.25 do not apply, unless otherwise specified 
in a specific SNUR, if: ``The person is operating under the terms of a 
consent order issued under TSCA section 5(e) applicable to that person. 
If a provision of such TSCA section 5(e) order is inconsistent with a 
specific significant new use identified in subpart E of 40 CFR part 
721, abiding by the provision of the TSCA section 5(e) order exempts 
the person from submitting a significant new use notice for that 
specific significant new use.'' EPA is now proposing these SNURs to 
require notice to and review by EPA before these chemicals are used in 
new ways that might create concerns due to increases in exposures or 
environmental releases.

B. Rationale and Objectives of This Proposed Rule

    1. Rationale.
    During review of the PMNs submitted for the chemical substances 
that are subject to these proposed SNURs, EPA concluded that regulation 
was warranted under TSCA section 5(e), pending the development of 
information sufficient to make reasoned evaluations of the health or 
environmental effects of the chemical substances. The basis for such 
findings is outlined in Unit III. Based on these findings, TSCA section 
5(e) Orders requiring the use of appropriate exposure controls were 
negotiated with the PMN submitters. As a general matter, EPA believes 
it is necessary to follow the TSCA Orders with a SNUR that identifies 
the absence of those protective measures as significant new uses to 
ensure that all manufacturers and processors--not just the original 
submitter--are held to the same standard.
    Subsequent to the issuance of TSCA section 5(e) orders for these 
substances EPA became aware that the precursor chemicals for the PMN 
substances may contain contaminants not previously identified, whose 
presence might indicate a risk that needs to be addressed.
    2. Objectives.
    EPA is proposing these SNURs for specific chemical substances which 
have undergone premanufacture review because the Agency wants:
     To identify as significant new uses any manufacturing, 
processing, use, distribution in commerce, or disposal that does not 
conform to the restrictions imposed by the underlying TSCA Orders, 
consistent with TSCA section 5(f)(4).
     To identify as an additional significant new use, 
manufacturing or processing of the chemical substances using feedstocks 
that contain any amount of the chemicals listed in proposed rules.
     To have an opportunity to review and evaluate data 
submitted in a SNUN before the notice submitter begins manufacturing or 
processing a listed chemical substance for the described significant 
new use.
     To be able to either determine that the prospective 
manufacture or processing is not likely to present an unreasonable 
risk, or to take necessary regulatory action associated with any other 
determination before the described significant new use of the chemical 
substance.

C. Applicability of General Provisions to These Proposed SNURs

    General provisions for SNURs appear in 40 CFR part 721, subpart A. 
These provisions describe persons required to submit a Significant New 
Use Notice (SNUN), recordkeeping requirements, and exemptions to 
reporting requirements, among other things.

[[Page 39807]]

    Provisions relating to user fees appear at 40 CFR part 700. 
Pursuant to 40 CFR 721.1(c), persons submitting a SNUN are subject to 
the same requirements and regulatory procedures as submitters of PMNs 
under TSCA section 5(a)(1)(A). These include the information submission 
requirements of TSCA sections 5(b) and 5(d)(1), the exemptions 
authorized by TSCA sections 5(h)(1), (h)(2), (h)(3), and (h)(5), and 
the regulations at 40 CFR part 720, except where modified in part 721.
    Once EPA receives a SNUN, and before the manufacture or processing 
for the significant new use can commence, EPA must either determine 
that the use addressed in the SNUN is not likely to present an 
unreasonable risk of injury under the conditions of use for the 
chemical substance or take such regulatory action as is associated with 
an alternative determination. If EPA determines that the use is not 
likely to present an unreasonable risk, EPA is required under TSCA 
section 5(g) to make public, and submit for publication in the Federal 
Register, a statement of EPA's findings.

D. Applicability of the Proposed SNURs to Uses Occurring Before the 
Effective Date of the Final Rule

    Any use that EPA determines, in the final rule, was ongoing as of 
the date of publication of this proposal and did not cease prior to 
issuance of the final rule, will not be designated as a significant new 
use in the final rule. EPA has no information to suggest that any of 
the significant new uses identified in this proposed rule are ongoing 
and, as explained below, has information indicating that none of the 
chemical substances subject to the SNURs proposed in this document are 
being manufactured or processed in the United States for commercial 
purposes.
    The chemical substances subject to this proposed rule have 
undergone premanufacture review. In cases where EPA has not received a 
notice of commencement (NOC) and the chemical substance is not on the 
TSCA Inventory, no person may commence any activities without first 
submitting a PMN. Therefore, when EPA has received a PMN for a chemical 
substance but has not received a NOC for that same substance, the fact 
that a NOC has not been received is evidence that no manufacturing or 
processing of the chemical substance is occuring in the United States. 
EPA has not received a notice of commencement for any of the chemical 
substances in this proposed SNUR, which indicates that the substances 
have not been manufactured for commercial purposes, with or without the 
chemical substances that would constitute a significant new use.
    As discussed in the Federal Register of April 24, 1990 (55 FR 17376 
(FRL-3658-5)), EPA has decided that the intent of TSCA section 
5(a)(1)(B) is best served by designating a use as a significant new use 
as of the date of publication of the proposed rule rather than as of 
the effective date of the final rule. The objective of EPA's approach 
is to ensure that a person cannot impede finalization of a SNUR by 
initiating a significant new use after publication of the proposed rule 
but before the effective date of the final rule. Uses arising after the 
publication of the proposed rule are distinguished from uses that are 
identified in the final rule as having been ongoing on the date of 
publication of the proposed rule. The former would be new uses, the 
latter ongoing uses, except that uses that are identified as ongoing as 
of the publication of the proposed rule would not be considered ongoing 
uses if they have ceased by the date of issuance of a final rule.
    In the unlikely event that before a final rule becomes effective a 
person begins commercial manufacturing (including importing) or 
processing of the chemical substances for a use that is designated as a 
significant new use in that final rule, such a person would have to 
cease any such activity upon the effective date of the final rule. To 
resume their activities, these persons would have to first comply with 
all applicable SNUR notification requirements and wait until all TSCA 
prerequisites for the commencement of manufacture or processing have 
been satisfied.
    Issuance of a SNUR for a chemical substance does not signify that 
the chemical substance is listed on the TSCA Chemical Substance 
Inventory (TSCA Inventory). Guidance on how to determine if a chemical 
substance is on the TSCA Inventory is available on the internet at 
https://www.epa.gov/tsca-inventory.

E. Important Information About SNUN Submissions

    1. SNUN submissions.
    According to 40 CFR 721.1(c), persons submitting a SNUN must comply 
with the same notification requirements and EPA regulatory procedures 
as persons submitting a PMN, including submission of test data on 
health and environmental effects as described in 40 CFR 720.50. SNUNs 
must be submitted on EPA Form No. 7710-25, generated using e-PMN 
software, and submitted to the Agency in accordance with the procedures 
set forth in 40 CFR 720.40. E-PMN software is available electronically 
at https://www.epa.gov/reviewing-new-chemicals-under-toxic-substances-control-act-tsca.
    2. Development and submission of information with the SNUN.
    EPA recognizes that TSCA section 5 does not require developing any 
particular new information (e.g., generating test data) before 
submission of a SNUN. There is an exception: If a person is otherwise 
required to submit information for a chemical substance subject to the 
SNUR pursuant to a rule, TSCA Order or consent agreement under TSCA 
section 4, then TSCA section 5(b)(1)(A) requires such information to be 
submitted to EPA at the time of submission of the SNUN.
    In the absence of a rule, Order, or consent agreement under TSCA 
section 4 covering the chemical substance, persons are required only to 
submit information in their possession or control and to describe any 
other information known or reasonably ascertainable (see 40 CFR 
720.50). However, upon review of PMNs and SNUNs, the Agency may 
determine under TSCA section 5(e) that it is necessary to require 
appropriate testing. Unit IV. lists potentially useful information for 
the SNURs listed in this document. Descriptions of this information is 
provided for informational purposes. The potentially useful information 
identified in Unit III. will be useful to EPA's evaluation in the event 
that someone submits a SNUN for the significant new use.
    EPA strongly encourages persons to consult with the Agency before 
performing any testing. Furthermore, pursuant to TSCA section 4(h), 
which pertains to reduction of testing in vertebrate animals, EPA 
encourages dialog with the Agency on the use of alternative test 
methods and strategies (also called New Approach Methodologies, or 
NAMs), if available, to generate the recommended test data. EPA 
encourages dialog with Agency representatives to help determine how 
best the submitter can meet both the data needs and the objective of 
TSCA section 4(h). For more information on alternative test methods and 
strategies to reduce vertebrate animal testing, visit https://www.epa.gov/assessing-and-managing-chemicals-under-tsca/alternative-test-methods-and-strategies-reduce.
    The potentially useful information listed in Unit III. may not be 
the only means of addressing the potential risks of the chemical 
substance. However, submitting a SNUN without any test data or other 
information may increase the likelihood that EPA will take action

[[Page 39808]]

under TSCA sections 5(e) or 5(f). EPA recommends that potential SNUN 
submitters contact EPA early enough so that they will be able to 
conduct the appropriate tests.
    SNUN submitters should be aware that EPA will be better able to 
evaluate SNUNs which provide detailed information on the following:
     Human exposure and environmental release that may result 
from the significant new use of the chemical substances.
     Information on risks posed by the chemical substances 
compared to risks posed by potential substitutes.

III. Substances Subject to This Proposed Rule

    EPA is proposing significant new use and recordkeeping requirements 
for certain chemical substances in 40 CFR part 721, subpart E. EPA 
provides the following information for each chemical substance that is 
identified in this unit as subject to this proposed rule:
     PMN number (the proposed CFR citation assigned in the 
regulatory text section of the proposed rule).
     Chemical name (generic name, if the specific name is 
claimed as CBI).
     Chemical Abstracts Service (CAS) Registry number (if 
assigned for non-confidential chemical identities).
     Effective date of and basis for the TSCA Section 5(e) 
Order.
     Potentially Useful Information.
    The chemicals subject to these proposed SNURs are as follows:
    PMN Numbers (proposed 40 CFR citation): P-21-144 (40 CFR 
721.11781), P-21-145 (40 CFR 721.11782), P-21-146 (40 CFR 721.11783), 
P-21-147 (40 CFR 721.11784), P-21-148 (40 CFR 721.11785), P-21-149 (40 
CFR 721.11786), P-21-150 (40 CFR 721.11787), P-21-152 (40 CFR 
721.11788), P-21-153 (40 CFR 721.11789), P-21-154 (40 CFR 721.11790), 
P-21-155 (40 CFR 721.11791), P-21-156 (40 CFR 721.11792), P-21-157 (40 
CFR 721.11793), P-21-158 (40 CFR 721.11794), P-21-160 (40 CFR 
721.11795), P-21-161 (40 CFR 721.11796), P-21-162 (40 CFR 721.11797), 
and P-21-163 (40 CFR 721.11798).
    Chemical Names: Naphtha, heavy catalytic cracked (generic) (P-21-
144), Naphtha, heavy alkylate (generic) (P-21-145), Naphtha, full range 
alkylate, butane-contg. (generic) (P-21-146), Naphtha, hydrotreated 
heavy (generic) (P-21-147), Naphtha, light catalytic cracked (generic) 
(P-21-148), Naphtha, light alkylate (generic) (P-21-149), Naphtha, 
hydrotreated light (generic) (P-21-150), Clarified oils, catalytic 
cracked (generic) (P-21-152), Distillates, hydrotreated heavy (generic) 
(P-21-153), Gas Oils hydrotreated vacuum (generic) (P-21-154), 
Distillates, light catalytic cracked (generic) (P-21-155), Distillates, 
clay-treated middle (P-21-156), Distillates, hydrotreated middle 
(generic) (P-21-157), Distillates, hydrotreated light (generic) (P-21-
158), Gases, C4-rich (generic) (P-21-160), Gases, catalytic cracking 
(generic) (P-21-161), Residues, butane splitter bottoms (generic) (P-
21-162), and Tail gas, saturate gas plant mixed stream, C4-rich 
(generic) (P-21-163).
    CAS Numbers: Not available.
    Effective Date of TSCA Order: August 25, 2022.
    Basis for TSCA Order: The PMNs state that the uses will be as a 
fuel, fuel additive, fuel blending stock, or refinery feedstock 
(including, but not limited to cracking, coking, hydroprocessing, 
distillation, or deasphalting). Based on analogous mixtures and 
constituents of the PMN substances, EPA has identified concerns for 
skin and eye irritation, acute toxicity, systemic toxicity 
(neurotoxicity, body weight effects, and liver, kidney, blood, spleen, 
and other organ effects), reproductive and developmental toxicity, oral 
and inhalation portal entry effects, genetic toxicity, and 
carcinogenicity. Based on the petroleum chemical composition, EPA has 
also identified concerns for hydrocarbon pneumonia/aspiration hazard 
and respiratory tract irritation. Based on comparison to analogous fuel 
streams, EPA predicts toxicity to aquatic organisms may occur at 
concentrations that exceed 0.03 ppb. The Order was issued under TSCA 
sections 5(a)(3)(B)(ii)(I) and 5(e)(1)(A)(ii)(I), based on a finding 
that in the absence of sufficient information to permit a reasoned 
evaluation, the substance may present an unreasonable risk of injury to 
human health and the environment. To protect against these risks, the 
Order requires:
     No manufacture, processing, or use of the PMN substances 
other than for processing and use as a fuel, fuel additive, fuel 
blending stock, or refinery feedstock (including, but not limited to 
cracking, coking, hydroprocessing, distillation, or deasphalting) 
subject to 40 CFR part 79 or 1090;
     Use of personal protective equipment where there is a 
potential for dermal exposure; and
     Establishment of a hazard communication program.
    The proposed SNUR would designate as a ``significant new use'' the 
absence of these protective measures. Additionally, the proposed SNUR 
would designate the following as a significant new use:
     Manufacture of the PMN substances using feedstocks 
containing any amount of heavy metals (arsenic, cadmium, chromium VI, 
lead, mercury), dioxins, phthalates, per- and polyfluoroalkyl 
substances (PFAS), polybrominated diphenyl ethers (PBDEs), 
alkylphenols, perchlorates, benzophenone, bisphenol A (BPA), 
organochlorine pesticides (OCPs), ethyl glycol, methyl glycol, or N-
methyl-2-pyrrolidone (NMP). For purposes of this SNUR PFAS or per- and 
poly-fluoroalkyl substance means a chemical substance that contains at 
least one of these three structures:
    (i) R-(CF2)-CF(R')R'', where both the CF2 and CF moieties are 
saturated carbons;
    (ii) R-CF2OCF2-R', where R and R' can either be F, O, or saturated 
carbons; or
    (iii) CF3C(CF3)R'R'', where R' and R'' can either be F or saturated 
carbons.
    Potentially Useful Information: EPA has determined that certain 
information may be potentially useful in support of a request by the 
PMN submitter to modify the Order, or if a manufacturer or processor is 
considering submitting a SNUN for a significant new use that will be 
designated by this SNUR. EPA has determined that the results of skin 
irritation, eye irritation, respiratory depression/irritation, 
hydrocarbon pneumonia/aspiration hazard, reproductive developmental 
toxicity, systemic toxicity, genetic toxicity, carcinogenicity, aquatic 
toxicity, and consumer inhalation exposure at gas station testing may 
be potentially useful to characterize the health and environmental 
effects of the PMN substances. Although the Order does not require 
these tests, the Order's restrictions remain in effect until the Order 
is modified or revoked by EPA based on submission of this or other 
relevant information.

IV. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive orders 
can be found at https://www.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Orders 12866: Regulatory Planning and Review and 14094: 
Modernizing Regulatory Review

    This action is exempt from review under Executive Order 12866 (58 
FR 51735, October 4, 1993), as amended by Executive Order 14094 (88 FR 
21879, April 11, 2023), because it will establish SNURs for several new 
chemical substances that were the subject of PMNs.

[[Page 39809]]

B. Paperwork Reduction Act (PRA)

    This action does not impose any new information collection burden 
under the PRA, 44 U.S.C. 3501 et seq. OMB has previously approved the 
information collection activities contained in the existing SNUR 
regulations under OMB Control No. 2070-0038 (EPA ICR No. 1188.13). If 
an entity were to submit a SNUN to the Agency, the annual burden is 
estimated to be less than 100 hours per response, and the estimated 
burden for export notifications is less than 1.5 hours per 
notification. In both cases, if the firm submitting either a SNUN or 
export notification is already registered in CDX, the burden would be 
lower than the presented estimates.
    An agency may not conduct or sponsor, and a person is not required 
to respond to a collection of information that requires OMB approval 
under the PRA, unless it has been approved by OMB and displays a 
currently valid OMB control number. The OMB control numbers for EPA's 
regulations in title 40 of the CFR, after appearing in the Federal 
Register, are listed in 40 CFR part 9, and included on the related 
collection instrument or form, if applicable.
    Consistent with the PRA, EPA is interested in comments about the 
accuracy of the burden estimate, and any suggested methods for 
minimizing respondent burden or improving the automated collection 
techniques.

C. Regulatory Flexibility Act (RFA)

    I certify this action will not have a significant economic impact 
on a substantial number of small entities under the RFA, 5 U.S.C. 601 
et seq. The small entities subject to the requirements of this action 
are potential future manufacturers (defined by statute to include 
importers), processors, and exporters of one or more subject chemical 
substances for a significant new use designated in the proposed SNURs. 
The requirement to submit a SNUN applies to any person (including small 
or large entities) who intends to engage in any activity described in 
the final rule as a ``significant new use.'' Because these uses are 
``new,'' based on all information currently available to EPA, the 
Agency has determined that no small or large entities presently engage 
in such activities. A SNUR requires that any person who intends to 
engage in such activity in the future must first notify EPA by 
submitting a SNUN. EPA's experience to date is that, in response to the 
promulgation of SNURs covering over 1,000 chemicals, the Agency 
receives only a small number of notices per year. For example, the 
number of SNUNs received was 10 in Federal fiscal year (FY) FY2016, 14 
in FY2017, 16 in FY2018, five in FY2019, seven in FY2020, and 13 in 
FY2021, and only a fraction of these were from small businesses. In 
addition, the Agency currently offers relief to qualifying small 
businesses by reducing the SNUN submission fee from $19,020 to $3,330. 
This lower fee reduces the total reporting and recordkeeping of cost of 
submitting a SNUN to about $11,164 for qualifying small firms. 
Therefore, the potential economic impacts of complying with this 
proposed 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) (FRL-5597-1), 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)

    This action does not contain any unfunded mandates as described in 
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect 
small governments. Based on EPA's 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 proposed rule would 
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 does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999), because it will 
not 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.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This action would not have tribal implications as specified in 
Executive Order 13175 (65 FR 67249, November 9, 2000), because it will 
not have substantial direct effects on tribal governments, on the 
relationship between the Federal Government and the Indian tribes, or 
on the distribution of power and responsibilities between the Federal 
Government and Indian tribes. This action will not significantly nor 
uniquely affect the communities of tribal governments, nor would it 
involve or impose any requirements that affect Indian tribes.

G. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997) 
as applying only to regulatory actions considered significant under 
section 3(f)(1) of Executive Order 12866 and that concern environmental 
health or safety risks that EPA has reason to believe may 
disproportionately affect children, per the definition of ``covered 
regulatory action'' in section 2-202 of Executive Order 13045. Since 
this is not a ``covered regulatory action,'' Executive Order 13045 does 
not apply. However, the EPA Policy on Children's Health does apply to 
the consideration of the SNUNs submitted to EPA in response to a SNUR.
    SNURs do not address an existing children's environmental health 
concern because the chemical uses involved in the SNUR are not ongoing 
uses. SNURs require that persons notify EPA at least 90 days before 
commencing manufacture (defined by statute to include import) or 
processing the chemical substances for an activity that is designated 
as a significant new use by this rule. This notification allows EPA to 
assess the intended uses to identify potential risks and take 
appropriate actions before the activities commence, which includes the 
consideration of potentially exposed or susceptible subpopulations 
identified as relevant for the chemical under the intended uses 
identified in the SNUN.

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 it is not a ``significant regulatory action'' 
under Executive Order 12866.

I. National Technology Transfer and Advancement Act (NTTAA)

    This action does not involve any technical standards under the 
NTTAA section 12(d) (15 U.S.C. 272 note).

[[Page 39810]]

J. Executive Orders 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 (59 FR 7629, February 16, 1994) directs 
Federal agencies, to the greatest extent practicable and permitted by 
law, to make environmental justice part of their mission by identifying 
and addressing, as appropriate, disproportionately high and adverse 
human health or environmental effects of their programs, policies, and 
activities on minority populations (people of color and/or indigenous 
peoples) and low-income populations. This action is not subject to 
Executive Order 12898 (59 FR 7629, February 16, 1994) because it does 
not establish an environmental health or safety standard.
    EPA believes that this action is not likely to result in new 
disproportionate and adverse effects on people of color, low-income 
populations and/or indigenous peoples because the chemical uses 
addressed in these SNURs are not ongoing uses. In addition, the 
notification required by these SNURs allows EPA to evaluate the SNUN to 
assess the intended uses to identify potential risks and take 
appropriate actions before the activities addressed in the SNUN 
commence, which includes the consideration of potentially exposed or 
susceptible subpopulations identified as relevant for the chemical 
under the intended uses identified in the SNUN.

List of Subjects in 40 CFR Part 721

    Environmental protection, Chemicals, Hazardous substances, 
Reporting and recordkeeping requirements.

    Dated: June 13, 2023.
Denise Keehner,
Director, Office of Pollution Prevention and Toxics.

    Therefore, for the reasons stated in the preamble, EPA proposes to 
amend 40 CFR chapter I as follows:

PART 721--SIGNIFICANT NEW USES OF CHEMICAL SUBSTANCES

0
1. The authority citation for part 721 continues to read as follows:

    Authority: 15 U.S.C. 2604, 2607, and 2625(c).

0
2. Add Sec. Sec.  721.11781 through 721.11798 to read as follows:

Subpart E--Significant New Uses for Specific Chemical Substances

Sec.
* * * * *
721.11781 Naphtha, heavy catalytic cracked (generic).
721.11782 Naphtha, heavy alkylate (generic).
721.11783 Naphtha, full range alkylate, butane-contg. (generic).
721.11784 Naphtha, hydrotreated heavy (generic).
721.11785 Naphtha, light catalytic cracked (generic).
721.11786 Naphtha, light alkylate (generic).
721.11787 Naphtha, hydrotreated light (generic).
721.11788 Clarified oils, catalytic cracked (generic).
721.11789 Distillates, hydrotreated heavy (generic).
721.11790 Gas oils hydrotreated vacuum (generic).
721.11791 Distillates, light catalytic cracked (generic).
721.11792 Distillates, clay-treated middle (generic).
721.11793 Distillates, hydrotreated middle (generic).
721.11794 Distillates, hydrotreated light (generic).
721.11795 Gases, C4-rich (generic).
721.11796 Gases, catalytic cracking (generic).
721.11797 Residues, butane splitter bottoms (generic).
721.11798 Tail gas, saturate gas plant mixed stream, C4-rich 
(generic).
* * * * *


Sec.  721.11781  Naphtha, heavy catalytic cracked (generic).

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance generically identified as 
naphtha, heavy catalytic cracked (PMN P-21-144) is subject to reporting 
under this section for the significant new uses described in paragraph 
(a)(2) of this section. The requirements of this section do not apply 
to quantities of the substance after they have been incorporated into a 
fuel, fuel additive, fuel blending stock, or use as a refinery 
feedstock (including, but not limited to cracking, coking, 
hydroprocessing, distillation, or deasphalting).
    (2) The significant new uses are:
    (i) Protection in the workplace. Requirements as specified in Sec.  
721.63(a)(1) and (3), (b) and (c). When determining which persons are 
reasonably likely to be exposed as required for Sec.  721.63(a)(1), 
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 
Sec.  721.63(b), the concentration is set at 0.1%.
    (ii) Hazard communication. Requirements as specified in Sec.  
721.72(a).
    (iii) Industrial, commercial, and consumer use. It is a significant 
new use to manufacture, process, or use the substance other than for 
processing and use as a fuel, fuel additive, fuel blending stock, or 
refinery feedstock (including, but not limited to cracking, coking, 
hydroprocessing, distillation, or deasphalting) subject to 40 CFR part 
79 or 1090. It is a significant new use to manufacture the substance 
using feedstocks containing any amount of heavy metals (arsenic, 
cadmium, chromium VI, lead, mercury), dioxins, phthalates, per- and 
polyfluoroalkyl substances (PFAS), polybrominated diphenyl ethers 
(PBDEs), alkylphenols, perchlorates, benzophenone, bisphenol A (BPA), 
organochlorine pesticides (OCPs), ethyl glycol, methyl glycol, or N-
methyl-2-pyrrolidone (NMP). For purposes of this SNUR PFAS or per- and 
poly-fluoroalkyl substance means a chemical substance that contains at 
least one of these three structures:
    (A) R-(CF2)-CF(R')R'', where both the CF2 and CF moieties are 
saturated carbons;
    (B) R-CF2OCF2-R', where R and R' can either be F, O, or saturated 
carbons; or
    (C) CF3C(CF3)R'R'', where R' and R'' can either be F or saturated 
carbons.
    (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 Sec.  
721.125(a) through (i), are applicable to manufacturers, importers, and 
processors of this substance.
    (2) Limitation or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.
    (3) Exemptions. The exemption of Sec.  721.45(i) does not apply to 
this section.


Sec.  721.11782  Naphtha, heavy alkylate (generic).

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance generically identified as 
naphtha, heavy alkylate (PMN P-21-145) is subject to reporting under 
this section for the significant new uses described in paragraph (a)(2) 
of this section. The requirements of this section do not apply to 
quantities of the substance after they have been incorporated into a 
fuel, fuel additive, fuel blending stock, or use as a refinery 
feedstock (including, but not limited to cracking, coking, 
hydroprocessing, distillation, or deasphalting).
    (2) The significant new uses are:

[[Page 39811]]

    (i) Protection in the workplace. Requirements as specified in Sec.  
721.63(a)(1) and (3), (b) and (c). When determining which persons are 
reasonably likely to be exposed as required for Sec.  721.63(a)(1), 
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 
Sec.  721.63(b), the concentration is set at 0.1%.
    (ii) Hazard communication. Requirements as specified in Sec.  
721.72(a).
    (iii) Industrial, commercial, and consumer use. It is a significant 
new use to manufacture, process, or use the substance other than for 
processing and use as a fuel, fuel additive, fuel blending stock, or 
refinery feedstock (including, but not limited to cracking, coking, 
hydroprocessing, distillation, or deasphalting) subject to 40 CFR part 
79 or 1090. It is a significant new use to manufacture the substance 
using feedstocks containing any amount of heavy metals (arsenic, 
cadmium, chromium VI, lead, mercury), dioxins, phthalates, per- and 
polyfluoroalkyl substances (PFAS), polybrominated diphenyl ethers 
(PBDEs), alkylphenols, perchlorates, benzophenone, bisphenol A (BPA), 
organochlorine pesticides (OCPs), ethyl glycol, methyl glycol, or N-
methyl-2-pyrrolidone (NMP). For purposes of this SNUR PFAS or per- and 
poly-fluoroalkyl substance means a chemical substance that contains at 
least one of these three structures:
    (A) R-(CF2)-CF(R')R'', where both the CF2 and CF moieties are 
saturated carbons;
    (B) R-CF2OCF2-R', where R and R' can either be F, O, or saturated 
carbons; or
    (C) CF3C(CF3)R'R'', where R' and R'' can either be F or saturated 
carbons.
    (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 Sec.  
721.125(a) through (i), are applicable to manufacturers, importers, and 
processors of this substance.
    (2) Limitation or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.
    (3) Exemptions. The exemption of Sec.  721.45(i) does not apply to 
this section.


Sec.  721.11783  Naphtha, full range alkylate, butane-contg. (generic).

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance generically identified as 
naphtha, full range alkylate, butane-contg. (PMN P-21-146) is subject 
to reporting under this section for the significant new uses described 
in paragraph (a)(2) of this section. The requirements of this section 
do not apply to quantities of the substance after they have been 
incorporated into a fuel, fuel additive, fuel blending stock, or use as 
a refinery feedstock (including, but not limited to cracking, coking, 
hydroprocessing, distillation, or deasphalting).
    (2) The significant new uses are:
    (i) Protection in the workplace. Requirements as specified in Sec.  
721.63(a)(1) and (3), (b) and (c). When determining which persons are 
reasonably likely to be exposed as required for Sec.  721.63(a)(1), 
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 
Sec.  721.63(b), the concentration is set at 0.1%.
    (ii) Hazard communication. Requirements as specified in Sec.  
721.72(a).
    (iii) Industrial, commercial, and consumer use. It is a significant 
new use to manufacture, process, or use the substance other than for 
processing and use as a fuel, fuel additive, fuel blending stock, or 
refinery feedstock (including, but not limited to cracking, coking, 
hydroprocessing, distillation, or deasphalting) subject to 40 CFR part 
79 or 1090. It is a significant new use to manufacture the substance 
using feedstocks containing any amount of heavy metals (arsenic, 
cadmium, chromium VI, lead, mercury), dioxins, phthalates, per- and 
polyfluoroalkyl substances (PFAS), polybrominated diphenyl ethers 
(PBDEs), alkylphenols, perchlorates, benzophenone, bisphenol A (BPA), 
organochlorine pesticides (OCPs), ethyl glycol, methyl glycol, or N-
methyl-2-pyrrolidone (NMP). For purposes of this SNUR PFAS or per- and 
poly-fluoroalkyl substance means a chemical substance that contains at 
least one of these three structures:
    (A) R-(CF2)-CF(R')R'', where both the CF2 and CF moieties are 
saturated carbons;
    (B) R-CF2OCF2-R', where R and R' can either be F, O, or saturated 
carbons; or
    (C) CF3C(CF3)R'R'', where R' and R'' can either be F or saturated 
carbons.
    (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 Sec.  
721.125(a) through (i), are applicable to manufacturers, importers, and 
processors of this substance.
    (2) Limitation or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.
    (3) Exemptions. The exemption of Sec.  721.45(i) does not apply to 
this section.


Sec.  721.11784  Naphtha, hydrotreated heavy (generic).

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance generically identified as 
naphtha, hydrotreated heavy (PMN P-21-147) is subject to reporting 
under this section for the significant new uses described in paragraph 
(a)(2) of this section. The requirements of this section do not apply 
to quantities of the substance after they have been incorporated into a 
fuel, fuel additive, fuel blending stock, or use as a refinery 
feedstock (including, but not limited to cracking, coking, 
hydroprocessing, distillation, or deasphalting).
    (2) The significant new uses are:
    (i) Protection in the workplace. Requirements as specified in Sec.  
721.63(a)(1) and (3), (b) and (c). When determining which persons are 
reasonably likely to be exposed as required for Sec.  721.63(a)(1), 
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 
Sec.  721.63(b), the concentration is set at 0.1%.
    (ii) Hazard communication. Requirements as specified in Sec.  
721.72(a).
    (iii) Industrial, commercial, and consumer use. It is a significant 
new use to manufacture, process, or use the substance other than for 
processing and use as a fuel, fuel additive, fuel blending stock, or 
refinery feedstock (including, but not limited to cracking, coking, 
hydroprocessing, distillation, or deasphalting) subject to 40 CFR part 
79 or 1090. It is a significant new use to manufacture the substance 
using feedstocks containing any amount of heavy metals (arsenic, 
cadmium,

[[Page 39812]]

chromium VI, lead, mercury), dioxins, phthalates, per- and 
polyfluoroalkyl substances (PFAS), polybrominated diphenyl ethers 
(PBDEs), alkylphenols, perchlorates, benzophenone, bisphenol A (BPA), 
organochlorine pesticides (OCPs), ethyl glycol, methyl glycol, or N-
methyl-2-pyrrolidone (NMP). For purposes of this SNUR PFAS or per- and 
poly-fluoroalkyl substance means a chemical substance that contains at 
least one of these three structures:
    (A) R-(CF2)-CF(R')R'', where both the CF2 and CF moieties are 
saturated carbons;
    (B) R-CF2OCF2-R', where R and R' can either be F, O, or saturated 
carbons; or
    (C) CF3C(CF3)R'R'', where R' and R'' can either be F or saturated 
carbons.
    (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 Sec.  
721.125(a) through (i), are applicable to manufacturers, importers, and 
processors of this substance.
    (2) Limitation or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.
    (3) Exemptions. The exemption of Sec.  721.45(i) does not apply to 
this section.


Sec.  721.11785  Naphtha, light catalytic cracked (generic).

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance generically identified as 
naphtha, light catalytic cracked (PMN P-21-148) is subject to reporting 
under this section for the significant new uses described in paragraph 
(a)(2) of this section. The requirements of this section do not apply 
to quantities of the substance after they have been incorporated into a 
fuel, fuel additive, fuel blending stock, or use as a refinery 
feedstock (including, but not limited to cracking, coking, 
hydroprocessing, distillation, or deasphalting).
    (2) The significant new uses are:
    (i) Protection in the workplace. Requirements as specified in Sec.  
721.63(a)(1) and (3), (b) and (c). When determining which persons are 
reasonably likely to be exposed as required for Sec.  721.63(a)(1), 
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 
Sec.  721.63(b), the concentration is set at 0.1%.
    (ii) Hazard communication. Requirements as specified in Sec.  
721.72(a).
    (iii) Industrial, commercial, and consumer use. It is a significant 
new use to manufacture, process, or use the substance other than for 
processing and use as a fuel, fuel additive, fuel blending stock, or 
refinery feedstock (including, but not limited to cracking, coking, 
hydroprocessing, distillation, or deasphalting) subject to 40 CFR part 
79 or 1090. It is a significant new use to manufacture the substance 
using feedstocks containing any amount of heavy metals (arsenic, 
cadmium, chromium VI, lead, mercury), dioxins, phthalates, per- and 
polyfluoroalkyl substances (PFAS), polybrominated diphenyl ethers 
(PBDEs), alkylphenols, perchlorates, benzophenone, bisphenol A (BPA), 
organochlorine pesticides (OCPs), ethyl glycol, methyl glycol, or N-
methyl-2-pyrrolidone (NMP). For purposes of this SNUR PFAS or per- and 
poly-fluoroalkyl substance means a chemical substance that contains at 
least one of these three structures:
    (A) R-(CF2)-CF(R')R'', where both the CF2 and CF moieties are 
saturated carbons;
    (B) R-CF2OCF2-R', where R and R' can either be F, O, or saturated 
carbons; or
    (C) CF3C(CF3)R'R'', where R' and R'' can either be F or saturated 
carbons.
    (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 Sec.  
721.125(a) through (i), are applicable to manufacturers, importers, and 
processors of this substance.
    (2) Limitation or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.
    (3) Exemptions. The exemption of Sec.  721.45(i) does not apply to 
this section.


Sec.  721.11786  Naphtha, light alkylate (generic).

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance generically identified as 
naphtha, light alkylate (PMN P-21-149) is subject to reporting under 
this section for the significant new uses described in paragraph (a)(2) 
of this section. The requirements of this section do not apply to 
quantities of the substance after they have been incorporated into a 
fuel, fuel additive, fuel blending stock, or use as a refinery 
feedstock (including, but not limited to cracking, coking, 
hydroprocessing, distillation, or deasphalting).
    (2) The significant new uses are:
    (i) Protection in the workplace. Requirements as specified in Sec.  
721.63(a)(1) and (3), (b) and (c). When determining which persons are 
reasonably likely to be exposed as required for Sec.  721.63(a)(1), 
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 
Sec.  721.63(b), the concentration is set at 0.1%.
    (ii) Hazard communication. Requirements as specified in Sec.  
721.72(a).
    (iii) Industrial, commercial, and consumer use. It is a significant 
new use to manufacture, process, or use the substance other than for 
processing and use as a fuel, fuel additive, fuel blending stock, or 
refinery feedstock (including, but not limited to cracking, coking, 
hydroprocessing, distillation, or deasphalting) subject to 40 CFR part 
79 or 1090. It is a significant new use to manufacture the substance 
using feedstocks containing any amount of heavy metals (arsenic, 
cadmium, chromium VI, lead, mercury), dioxins, phthalates, per- and 
polyfluoroalkyl substances (PFAS), polybrominated diphenyl ethers 
(PBDEs), alkylphenols, perchlorates, benzophenone, bisphenol A (BPA), 
organochlorine pesticides (OCPs), ethyl glycol, methyl glycol, or N-
methyl-2-pyrrolidone (NMP). For purposes of this SNUR PFAS or per- and 
poly-fluoroalkyl substance means a chemical substance that contains at 
least one of these three structures:
    (A) R-(CF2)-CF(R')R'', where both the CF2 and CF moieties are 
saturated carbons;
    (B) R-CF2OCF2-R', where R and R' can either be F, O, or saturated 
carbons; or
    (C) CF3C(CF3)R'R'', where R' and R'' can either be F or saturated 
carbons.
    (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 Sec.  
721.125(a) through (i), are applicable to manufacturers, importers, and 
processors of this substance.
    (2) Limitation or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.

[[Page 39813]]

    (3) Exemptions. The exemption of Sec.  721.45(i) does not apply to 
this section.


Sec.  721.11787  Naphtha, hydrotreated light (generic).

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance generically identified as 
naphtha, hydrotreated light (PMN P-21-150) is subject to reporting 
under this section for the significant new uses described in paragraph 
(a)(2) of this section. The requirements of this section do not apply 
to quantities of the substance after they have been incorporated into a 
fuel, fuel additive, fuel blending stock, or use as a refinery 
feedstock (including, but not limited to cracking, coking, 
hydroprocessing, distillation, or deasphalting).
    (2) The significant new uses are:
    (i) Protection in the workplace. Requirements as specified in Sec.  
721.63(a)(1) and (3), (b) and (c). When determining which persons are 
reasonably likely to be exposed as required for Sec.  721.63(a)(1), 
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 
Sec.  721.63(b), the concentration is set at 0.1%.
    (ii) Hazard communication. Requirements as specified in Sec.  
721.72(a).
    (iii) Industrial, commercial, and consumer use. It is a significant 
new use to manufacture, process, or use the substance other than for 
processing and use as a fuel, fuel additive, fuel blending stock, or 
refinery feedstock (including, but not limited to cracking, coking, 
hydroprocessing, distillation, or deasphalting) subject to 40 CFR part 
79 or 1090. It is a significant new use to manufacture the substance 
using feedstocks containing any amount of heavy metals (arsenic, 
cadmium, chromium VI, lead, mercury), dioxins, phthalates, per- and 
polyfluoroalkyl substances (PFAS), polybrominated diphenyl ethers 
(PBDEs), alkylphenols, perchlorates, benzophenone, bisphenol A (BPA), 
organochlorine pesticides (OCPs), ethyl glycol, methyl glycol, or N-
methyl-2-pyrrolidone (NMP). For purposes of this SNUR PFAS or per- and 
poly-fluoroalkyl substance means a chemical substance that contains at 
least one of these three structures:
    (A) R-(CF2)-CF(R')R'', where both the CF2 and CF moieties are 
saturated carbons;
    (B) R-CF2OCF2-R', where R and R' can either be F, O, or saturated 
carbons; or
    (C) CF3C(CF3)R'R'', where R' and R'' can either be F or saturated 
carbons.
    (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 Sec.  
721.125(a) through (i), are applicable to manufacturers, importers, and 
processors of this substance.
    (2) Limitation or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.
    (3) Exemptions. The exemption of Sec.  721.45(i) does not apply to 
this section.


Sec.  721.11788  Clarified oils, catalytic cracked (generic).

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance generically identified as 
clarified oils, catalytic cracked (PMN P-21-152) is subject to 
reporting under this section for the significant new uses described in 
paragraph (a)(2) of this section. The requirements of this section do 
not apply to quantities of the substance after they have been 
incorporated into a fuel, fuel additive, fuel blending stock, or use as 
a refinery feedstock (including, but not limited to cracking, coking, 
hydroprocessing, distillation, or deasphalting).
    (2) The significant new uses are:
    (i) Protection in the workplace. Requirements as specified in Sec.  
721.63(a)(1) and (3), (b) and (c). When determining which persons are 
reasonably likely to be exposed as required for Sec.  721.63(a)(1), 
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 
Sec.  721.63(b), the concentration is set at 0.1%.
    (ii) Hazard communication. Requirements as specified in Sec.  
721.72(a).
    (iii) Industrial, commercial, and consumer use. It is a significant 
new use to manufacture, process, or use the substance other than for 
processing and use as a fuel, fuel additive, fuel blending stock, or 
refinery feedstock (including, but not limited to cracking, coking, 
hydroprocessing, distillation, or deasphalting) subject to 40 CFR part 
79 or 1090. It is a significant new use to manufacture the substance 
using feedstocks containing any amount of heavy metals (arsenic, 
cadmium, chromium VI, lead, mercury), dioxins, phthalates, per- and 
polyfluoroalkyl substances (PFAS), polybrominated diphenyl ethers 
(PBDEs), alkylphenols, perchlorates, benzophenone, bisphenol A (BPA), 
organochlorine pesticides (OCPs), ethyl glycol, methyl glycol, or N-
methyl-2-pyrrolidone (NMP). For purposes of this SNUR PFAS or per- and 
poly-fluoroalkyl substance means a chemical substance that contains at 
least one of these three structures:
    (A) R-(CF2)-CF(R')R'', where both the CF2 and CF moieties are 
saturated carbons;
    (B) R-CF2OCF2-R', where R and R' can either be F, O, or saturated 
carbons; or
    (C) CF3C(CF3)R'R'', where R' and R'' can either be F or saturated 
carbons.
    (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 Sec.  
721.125(a) through (i), are applicable to manufacturers, importers, and 
processors of this substance.
    (2) Limitation or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.
    (3) Exemptions. The exemption of Sec.  721.45(i) does not apply to 
this section.


Sec.  721.11789  Distillates, hydrotreated heavy (generic).

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance generically identified as 
distillates, hydrotreated heavy (PMN P-21-153) is subject to reporting 
under this section for the significant new uses described in paragraph 
(a)(2) of this section. The requirements of this section do not apply 
to quantities of the substance after they have been incorporated into a 
fuel, fuel additive, fuel blending stock, or use as a refinery 
feedstock (including, but not limited to cracking, coking, 
hydroprocessing, distillation, or deasphalting).
    (2) The significant new uses are:
    (i) Protection in the workplace. Requirements as specified in Sec.  
721.63(a)(1) and (3), (b) and (c). When determining which persons are 
reasonably likely to be exposed as required for Sec.  721.63(a)(1), 
engineering control measures (e.g., enclosure or confinement of the 
operation, general and local ventilation) or administrative control 
measures (e.g., workplace

[[Page 39814]]

policies and procedures) shall be considered and implemented to prevent 
exposure, where feasible. For purposes of Sec.  721.63(b), the 
concentration is set at 0.1%.
    (ii) Hazard communication. Requirements as specified in Sec.  
721.72(a).
    (iii) Industrial, commercial, and consumer use. It is a significant 
new use to manufacture, process, or use the substance other than for 
processing and use as a fuel, fuel additive, fuel blending stock, or 
refinery feedstock (including, but not limited to cracking, coking, 
hydroprocessing, distillation, or deasphalting) subject to 40 CFR part 
79 or 1090. It is a significant new use to manufacture the substance 
using feedstocks containing any amount of heavy metals (arsenic, 
cadmium, chromium VI, lead, mercury), dioxins, phthalates, per- and 
polyfluoroalkyl substances (PFAS), polybrominated diphenyl ethers 
(PBDEs), alkylphenols, perchlorates, benzophenone, bisphenol A (BPA), 
organochlorine pesticides (OCPs), ethyl glycol, methyl glycol, or N-
methyl-2-pyrrolidone (NMP). For purposes of this SNUR PFAS or per- and 
poly-fluoroalkyl substance means a chemical substance that contains at 
least one of these three structures:
    (A) R-(CF2)-CF(R')R'', where both the CF2 and CF moieties are 
saturated carbons;
    (B) R-CF2OCF2-R', where R and R' can either be F, O, or saturated 
carbons; or
    (C) CF3C(CF3)R'R'', where R' and R'' can either be F or saturated 
carbons.
    (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 Sec.  
721.125(a) through (i), are applicable to manufacturers, importers, and 
processors of this substance.
    (2) Limitation or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.
    (3) Exemptions. The exemption of Sec.  721.45(i) does not apply to 
this section.


Sec.  721.11790  Gas oils hydrotreated vacuum (generic).

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance generically identified as gas 
oils hydrotreated vacuum (PMN P-21-154) is subject to reporting under 
this section for the significant new uses described in paragraph (a)(2) 
of this section. The requirements of this section do not apply to 
quantities of the substance after they have been incorporated into a 
fuel, fuel additive, fuel blending stock, or use as a refinery 
feedstock (including, but not limited to cracking, coking, 
hydroprocessing, distillation, or deasphalting).
    (2) The significant new uses are:
    (i) Protection in the workplace. Requirements as specified in Sec.  
721.63(a)(1) and (3), (b) and (c). When determining which persons are 
reasonably likely to be exposed as required for Sec.  721.63(a)(1), 
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 
Sec.  721.63(b), the concentration is set at 0.1%.
    (ii) Hazard communication. Requirements as specified in Sec.  
721.72(a).
    (iii) Industrial, commercial, and consumer use. It is a significant 
new use to manufacture, process, or use the substance other than for 
processing and use as a fuel, fuel additive, fuel blending stock, or 
refinery feedstock (including, but not limited to cracking, coking, 
hydroprocessing, distillation, or deasphalting) subject to 40 CFR part 
79 or 1090. It is a significant new use to manufacture the substance 
using feedstocks containing any amount of heavy metals (arsenic, 
cadmium, chromium VI, lead, mercury), dioxins, phthalates, per- and 
polyfluoroalkyl substances (PFAS), polybrominated diphenyl ethers 
(PBDEs), alkylphenols, perchlorates, benzophenone, bisphenol A (BPA), 
organochlorine pesticides (OCPs), ethyl glycol, methyl glycol, or N-
methyl-2-pyrrolidone (NMP). For purposes of this SNUR PFAS or per- and 
poly-fluoroalkyl substance means a chemical substance that contains at 
least one of these three structures:
    (A) R-(CF2)-CF(R')R'', where both the CF2 and CF moieties are 
saturated carbons;
    (B) R-CF2OCF2-R', where R and R' can either be F, O, or saturated 
carbons; or
    (C) CF3C(CF3)R'R'', where R' and R'' can either be F or saturated 
carbons.
    (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 Sec.  
721.125(a) through (i), are applicable to manufacturers, importers, and 
processors of this substance.
    (2) Limitation or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.
    (3) Exemptions. The exemption of Sec.  721.45(i) does not apply to 
this section.


Sec.  721.11791  Distillates, light catalytic cracked (generic).

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance generically identified as 
distillates, light catalytic cracked (PMN P-21-155) is subject to 
reporting under this section for the significant new uses described in 
paragraph (a)(2) of this section. The requirements of this section do 
not apply to quantities of the substance after they have been 
incorporated into a fuel, fuel additive, fuel blending stock, or use as 
a refinery feedstock (including, but not limited to cracking, coking, 
hydroprocessing, distillation, or deasphalting).
    (2) The significant new uses are:
    (i) Protection in the workplace. Requirements as specified in Sec.  
721.63(a)(1) and (3), (b) and (c). When determining which persons are 
reasonably likely to be exposed as required for Sec.  721.63(a)(1), 
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 
Sec.  721.63(b), the concentration is set at 0.1%.
    (ii) Hazard communication. Requirements as specified in Sec.  
721.72(a).
    (iii) Industrial, commercial, and consumer use. It is a significant 
new use to manufacture, process, or use the substance other than for 
processing and use as a fuel, fuel additive, fuel blending stock, or 
refinery feedstock (including, but not limited to cracking, coking, 
hydroprocessing, distillation, or deasphalting) subject to 40 CFR part 
79 or 1090. It is a significant new use to manufacture the substance 
using feedstocks containing any amount of heavy metals (arsenic, 
cadmium, chromium VI, lead, mercury), dioxins, phthalates, per- and 
polyfluoroalkyl substances (PFAS), polybrominated diphenyl ethers 
(PBDEs), alkylphenols, perchlorates, benzophenone, bisphenol A (BPA), 
organochlorine pesticides (OCPs), ethyl glycol, methyl glycol, or N-
methyl-2-pyrrolidone (NMP). For purposes of this SNUR PFAS or per- and 
poly-fluoroalkyl substance means a

[[Page 39815]]

chemical substance that contains at least one of these three 
structures:
    (A) R-(CF2)-CF(R')R'', where both the CF2 and CF moieties are 
saturated carbons;
    (B) R-CF2OCF2-R', where R and R' can either be F, O, or saturated 
carbons; or
    (C) CF3C(CF3)R'R'', where R' and R'' can either be F or saturated 
carbons.
    (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 Sec.  
721.125(a) through (i), are applicable to manufacturers, importers, and 
processors of this substance.
    (2) Limitation or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.
    (3) Exemptions. The exemption of Sec.  721.45(i) does not apply to 
this section.


Sec.  721.11792  Distillates, clay-treated middle (generic).

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance generically identified as 
distillates, clay-treated middle (PMN P-21-156) is subject to reporting 
under this section for the significant new uses described in paragraph 
(a)(2) of this section. The requirements of this section do not apply 
to quantities of the substance after they have been incorporated into a 
fuel, fuel additive, fuel blending stock, or use as a refinery 
feedstock (including, but not limited to cracking, coking, 
hydroprocessing, distillation, or deasphalting).
    (2) The significant new uses are:
    (i) Protection in the workplace. Requirements as specified in Sec.  
721.63(a)(1) and (3), (b) and (c). When determining which persons are 
reasonably likely to be exposed as required for Sec.  721.63(a)(1), 
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 
Sec.  721.63(b), the concentration is set at 0.1%.
    (ii) Hazard communication. Requirements as specified in Sec.  
721.72(a).
    (iii) Industrial, commercial, and consumer use. It is a significant 
new use to manufacture, process, or use the substance other than for 
processing and use as a fuel, fuel additive, fuel blending stock, or 
refinery feedstock (including, but not limited to cracking, coking, 
hydroprocessing, distillation, or deasphalting) subject to 40 CFR part 
79 or 1090. It is a significant new use to manufacture the substance 
using feedstocks containing any amount of heavy metals (arsenic, 
cadmium, chromium VI, lead, mercury), dioxins, phthalates, per- and 
polyfluoroalkyl substances (PFAS), polybrominated diphenyl ethers 
(PBDEs), alkylphenols, perchlorates, benzophenone, bisphenol A (BPA), 
organochlorine pesticides (OCPs), ethyl glycol, methyl glycol, or N-
methyl-2-pyrrolidone (NMP). For purposes of this SNUR PFAS or per- and 
poly-fluoroalkyl substance means a chemical substance that contains at 
least one of these three structures:
    (A) R-(CF2)-CF(R')R'', where both the CF2 and CF moieties are 
saturated carbons;
    (B) R-CF2OCF2-R', where R and R' can either be F, O, or saturated 
carbons; or
    (C) CF3C(CF3)R'R'', where R' and R'' can either be F or saturated 
carbons.
    (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 Sec.  
721.125(a) through (i), are applicable to manufacturers, importers, and 
processors of this substance.
    (2) Limitation or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.
    (3) Exemptions. The exemption of Sec.  721.45(i) does not apply to 
this section.


Sec.  721.11793  Distillates, hydrotreated middle (generic).

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance generically identified as 
distillates, hydrotreated middle (PMN P-21-157) is subject to reporting 
under this section for the significant new uses described in paragraph 
(a)(2) of this section. The requirements of this section do not apply 
to quantities of the substance after they have been incorporated into a 
fuel, fuel additive, fuel blending stock, or use as a refinery 
feedstock (including, but not limited to cracking, coking, 
hydroprocessing, distillation, or deasphalting).
    (2) The significant new uses are:
    (i) Protection in the workplace. Requirements as specified in Sec.  
721.63(a)(1) and (3), (b) and (c). When determining which persons are 
reasonably likely to be exposed as required for Sec.  721.63(a)(1), 
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 
Sec.  721.63(b), the concentration is set at 0.1%.
    (ii) Hazard communication. Requirements as specified in Sec.  
721.72(a).
    (iii) Industrial, commercial, and consumer use. It is a significant 
new use to manufacture, process, or use the substance other than for 
processing and use as a fuel, fuel additive, fuel blending stock, or 
refinery feedstock (including, but not limited to cracking, coking, 
hydroprocessing, distillation, or deasphalting) subject to 40 CFR part 
79 or 1090. It is a significant new use to manufacture the substance 
using feedstocks containing any amount of heavy metals (arsenic, 
cadmium, chromium VI, lead, mercury), dioxins, phthalates, per- and 
polyfluoroalkyl substances (PFAS), polybrominated diphenyl ethers 
(PBDEs), alkylphenols, perchlorates, benzophenone, bisphenol A (BPA), 
organochlorine pesticides (OCPs), ethyl glycol, methyl glycol, or N-
methyl-2-pyrrolidone (NMP). For purposes of this SNUR PFAS or per- and 
poly-fluoroalkyl substance means a chemical substance that contains at 
least one of these three structures:
    (A) R-(CF2)-CF(R')R'', where both the CF2 and CF moieties are 
saturated carbons;
    (B) R-CF2OCF2-R', where R and R' can either be F, O, or saturated 
carbons; or
    (C) CF3C(CF3)R'R'', where R' and R'' can either be F or saturated 
carbons.
    (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 Sec.  
721.125(a) through (i), are applicable to manufacturers, importers, and 
processors of this substance.
    (2) Limitation or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.
    (3) Exemptions. The exemption of Sec.  721.45(i) does not apply to 
this section.


Sec.  721.11794  Distillates, hydrotreated light (generic).

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance generically identified as 
distillates, hydrotreated

[[Page 39816]]

light (PMN P-21-158) is subject to reporting under this section for the 
significant new uses described in paragraph (a)(2) of this section. The 
requirements of this section do not apply to quantities of the 
substance after they have been incorporated into a fuel, fuel additive, 
fuel blending stock, or use as a refinery feedstock (including, but not 
limited to cracking, coking, hydroprocessing, distillation, or 
deasphalting).
    (2) The significant new uses are:
    (i) Protection in the workplace. Requirements as specified in Sec.  
721.63(a)(1) and (3), (b) and (c). When determining which persons are 
reasonably likely to be exposed as required for Sec.  721.63(a)(1), 
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 
Sec.  721.63(b), the concentration is set at 0.1%.
    (ii) Hazard communication. Requirements as specified in Sec.  
721.72(a).
    (iii) Industrial, commercial, and consumer use. It is a significant 
new use to manufacture, process, or use the substance other than for 
processing and use as a fuel, fuel additive, fuel blending stock, or 
refinery feedstock (including, but not limited to cracking, coking, 
hydroprocessing, distillation, or deasphalting) subject to 40 CFR part 
79 or 1090. It is a significant new use to manufacture the substance 
using feedstocks containing any amount of heavy metals (arsenic, 
cadmium, chromium VI, lead, mercury), dioxins, phthalates, per- and 
polyfluoroalkyl substances (PFAS), polybrominated diphenyl ethers 
(PBDEs), alkylphenols, perchlorates, benzophenone, bisphenol A (BPA), 
organochlorine pesticides (OCPs), ethyl glycol, methyl glycol, or N-
methyl-2-pyrrolidone (NMP). For purposes of this SNUR PFAS or per- and 
poly-fluoroalkyl substance means a chemical substance that contains at 
least one of these three structures:
    (A) R-(CF2)-CF(R')R'', where both the CF2 and CF moieties are 
saturated carbons;
    (B) R-CF2OCF2-R', where R and R' can either be F, O, or saturated 
carbons; or
    (C) CF3C(CF3)R'R'', where R' and R'' can either be F or saturated 
carbons.
    (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 Sec.  
721.125(a) through (i), are applicable to manufacturers, importers, and 
processors of this substance.
    (2) Limitation or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.
    (3) Exemptions. The exemption of Sec.  721.45(i) does not apply to 
this section.


Sec.  721.11795  Gases, C4-rich (generic).

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance generically identified as gases, 
C4-rich (PMN P-21-160) is subject to reporting under this section for 
the significant new uses described in paragraph (a)(2) of this section. 
The requirements of this section do not apply to quantities of the 
substance after they have been incorporated into a fuel, fuel additive, 
fuel blending stock, or use as a refinery feedstock (including, but not 
limited to cracking, coking, hydroprocessing, distillation, or 
deasphalting).
    (2) The significant new uses are:
    (i) Protection in the workplace. Requirements as specified in Sec.  
721.63(a)(1) and (3), (b) and (c). When determining which persons are 
reasonably likely to be exposed as required for Sec.  721.63(a)(1), 
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 
Sec.  721.63(b), the concentration is set at 0.1%.
    (ii) Hazard communication. Requirements as specified in Sec.  
721.72(a).
    (iii) Industrial, commercial, and consumer use. It is a significant 
new use to manufacture, process, or use the substance other than for 
processing and use as a fuel, fuel additive, fuel blending stock, or 
refinery feedstock (including, but not limited to cracking, coking, 
hydroprocessing, distillation, or deasphalting) subject to 40 CFR part 
79 or 1090. It is a significant new use to manufacture the substance 
using feedstocks containing any amount of heavy metals (arsenic, 
cadmium, chromium VI, lead, mercury), dioxins, phthalates, per- and 
polyfluoroalkyl substances (PFAS), polybrominated diphenyl ethers 
(PBDEs), alkylphenols, perchlorates, benzophenone, bisphenol A (BPA), 
organochlorine pesticides (OCPs), ethyl glycol, methyl glycol, or N-
methyl-2-pyrrolidone (NMP). For purposes of this SNUR PFAS or per- and 
poly-fluoroalkyl substance means a chemical substance that contains at 
least one of these three structures:
    (A) R-(CF2)-CF(R')R'', where both the CF2 and CF moieties are 
saturated carbons;
    (B) R-CF2OCF2-R', where R and R' can either be F, O, or saturated 
carbons; or
    (C) CF3C(CF3)R'R'', where R' and R'' can either be F or saturated 
carbons.
    (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 Sec.  
721.125(a) through ((i), are applicable to manufacturers, importers, 
and processors of this substance.
    (2) Limitation or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.
    (3) Exemptions. The exemption of Sec.  721.45(i) does not apply to 
this section.


Sec.  721.11796  Gases, catalytic cracking (generic).

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance generically identified as gases, 
catalytic cracking (PMN P-21-161) is subject to reporting under this 
section for the significant new uses described in paragraph (a)(2) of 
this section. The requirements of this section do not apply to 
quantities of the substance after they have been incorporated into a 
fuel, fuel additive, fuel blending stock, or use as a refinery 
feedstock (including, but not limited to cracking, coking, 
hydroprocessing, distillation, or deasphalting).
    (2) The significant new uses are:
    (i) Protection in the workplace. Requirements as specified in Sec.  
721.63(a)(1) and (3), (b) and (c). When determining which persons are 
reasonably likely to be exposed as required for Sec.  721.63(a)(1), 
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 
Sec.  721.63(b), the concentration is set at 0.1%.
    (ii) Hazard communication. Requirements as specified in Sec.  
721.72(a).
    (iii) Industrial, commercial, and consumer use. It is a significant 
new use to manufacture, process, or use the substance other than for 
processing and

[[Page 39817]]

use as a fuel, fuel additive, fuel blending stock, or refinery 
feedstock (including, but not limited to cracking, coking, 
hydroprocessing, distillation, or deasphalting) subject to 40 CFR part 
79 or 1090. It is a significant new use to manufacture the substance 
using feedstocks containing any amount of heavy metals (arsenic, 
cadmium, chromium VI, lead, mercury), dioxins, phthalates, per- and 
polyfluoroalkyl substances (PFAS), polybrominated diphenyl ethers 
(PBDEs), alkylphenols, perchlorates, benzophenone, bisphenol A (BPA), 
organochlorine pesticides (OCPs), ethyl glycol, methyl glycol, or N-
methyl-2-pyrrolidone (NMP). For purposes of this SNUR PFAS or per- and 
poly-fluoroalkyl substance means a chemical substance that contains at 
least one of these three structures:
    (A) R-(CF2)-CF(R')R'', where both the CF2 and CF moieties are 
saturated carbons;
    (B) R-CF2OCF2-R', where R and R' can either be F, O, or saturated 
carbons; or
    (C) CF3C(CF3)R'R'', where R', and R'' can either be F or saturated 
carbons.
    (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 Sec.  
721.125(a) through (i), are applicable to manufacturers, importers, and 
processors of this substance.
    (2) Limitation or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.
    (3) Exemptions. The exemption of Sec.  721.45(i) does not apply to 
this section.


Sec.  721.11797  Residues, butane splitter bottoms (generic).

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance generically identified as 
residues, butane splitter bottoms (PMN P-21-162) is subject to 
reporting under this section for the significant new uses described in 
paragraph (a)(2) of this section. The requirements of this section do 
not apply to quantities of the substance after they have been 
incorporated into a fuel, fuel additive, fuel blending stock, or use as 
a refinery feedstock (including, but not limited to cracking, coking, 
hydroprocessing, distillation, or deasphalting).
    (2) The significant new uses are:
    (i) Protection in the workplace. Requirements as specified in Sec.  
721.63(a)(1) and (3), (b) and (c). When determining which persons are 
reasonably likely to be exposed as required for Sec.  721.63(a)(1), 
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 
Sec.  721.63(b), the concentration is set at 0.1%.
    (ii) Hazard communication. Requirements as specified in Sec.  
721.72(a).
    (iii) Industrial, commercial, and consumer use. It is a significant 
new use to manufacture, process, or use the substance other than for 
processing and use as a fuel, fuel additive, fuel blending stock, or 
refinery feedstock (including, but not limited to cracking, coking, 
hydroprocessing, distillation, or deasphalting) subject to 40 CFR part 
79 or 1090. It is a significant new use to manufacture the substance 
using feedstocks containing any amount of heavy metals (arsenic, 
cadmium, chromium VI, lead, mercury), dioxins, phthalates, per- and 
polyfluoroalkyl substances (PFAS), polybrominated diphenyl ethers 
(PBDEs), alkylphenols, perchlorates, benzophenone, bisphenol A (BPA), 
organochlorine pesticides (OCPs), ethyl glycol, methyl glycol, or N-
methyl-2-pyrrolidone (NMP). For purposes of this SNUR PFAS or per- and 
poly-fluoroalkyl substance means a chemical substance that contains at 
least one of these three structures:
    (A) R-(CF2)-CF(R')R'', where both the CF2 and CF moieties are 
saturated carbons;
    (B) R-CF2OCF2-R', where R and R' can either be F, O, or saturated 
carbons; or
    (C) CF3C(CF3)R'R'', where R' and R'' can either be F or saturated 
carbons.
    (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 Sec.  
721.125(a) through (i), are applicable to manufacturers, importers, and 
processors of this substance.
    (2) Limitation or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.
    (3) Exemptions. The exemption of Sec.  721.45(i) does not apply to 
this section.


Sec.  721.11798  Tail gas, saturate gas plant mixed stream, C4-rich 
(generic).

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance generically identified as tail 
gas, saturate gas plant mixed stream, C4-rich (PMN P-21-163) is subject 
to reporting under this section for the significant new uses described 
in paragraph (a)(2) of this section. The requirements of this section 
do not apply to quantities of the substance after they have been 
incorporated into a fuel, fuel additive, fuel blending stock, or use as 
a refinery feedstock (including, but not limited to cracking, coking, 
hydroprocessing, distillation, or deasphalting).
    (2) The significant new uses are:
    (i) Protection in the workplace. Requirements as specified in Sec.  
721.63(a)(1) and (3), (b) and (c). When determining which persons are 
reasonably likely to be exposed as required for Sec.  721.63(a)(1), 
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 
Sec.  721.63(b), the concentration is set at 0.1%.
    (ii) Hazard communication. Requirements as specified in Sec.  
721.72(a).
    (iii) Industrial, commercial, and consumer use. It is a significant 
new use to manufacture, process, or use the substance other than for 
processing and use as a fuel, fuel additive, fuel blending stock, or 
refinery feedstock (including, but not limited to cracking, coking, 
hydroprocessing, distillation, or deasphalting) subject to 40 CFR part 
79 or 1090. It is a significant new use to manufacture the substance 
using feedstocks containing any amount of heavy metals (arsenic, 
cadmium, chromium VI, lead, mercury), dioxins, phthalates, per- and 
polyfluoroalkyl substances (PFAS), polybrominated diphenyl ethers 
(PBDEs), alkylphenols, perchlorates, benzophenone, bisphenol A (BPA), 
organochlorine pesticides (OCPs), ethyl glycol, methyl glycol, or N-
methyl-2-pyrrolidone (NMP). For purposes of this SNUR PFAS or per- and 
poly-fluoroalkyl substance means a chemical substance that contains at 
least one of these three structures:
    (A) R-(CF2)-CF(R')R'', where both the CF2 and CF moieties are 
saturated carbons;
    (B) R-CF2OCF2-R', where R and R' can either be F, O, or saturated 
carbons; or
    (C) CF3C(CF3)R'R'' where R' and R'' can either be F or saturated 
carbons.
    (b) Specific requirements. The provisions of subpart A of this part 
apply to this section except as modified by this paragraph (b).

[[Page 39818]]

    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.  
721.125(a) through (i), are applicable to manufacturers, importers, and 
processors of this substance.
    (2) Limitation or revocation of certain notification requirements. 
The provisions of Sec.  721.185 apply to this section.
    (3) Exemptions. The exemption of Sec.  721.45(i) does not apply to 
this section.
[FR Doc. 2023-13012 Filed 6-16-23; 8:45 am]
BILLING CODE 6560-50-P


