Federal Register, Volume 76, Number 149, August 3, 2011, Pages 46595-47054 Page: 46,683

Federal Register/Vol. 76, No. 149/Wednesday, August 3, 2011 /Proposed Rules

contain any unfunded mandate, or
otherwise have any effect on small
governments subject to the requirements
of sections 202, 203, 204, or 205 of the
Unfunded Mandates Reform Act of 1995
(UMRA) (Pub. L. 104-4).
E. Executive Order 13132
This action would 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, as specified in
Executive Order 13132, entitled
Federalism (64 FR 43255, August 10,
1999).
F. Executive Order 13175
This proposed rule would not have
Tribal implications because it is not
expected to have substantial direct
effects on Indian Tribes. This proposed
rule would not significantly nor
uniquely affect the communities of
Indian Tribal governments, nor would it
involve or impose any requirements that
affect Indian Tribes. Accordingly, the
requirements of Executive Order 13175,
entitled Consultation and Coordination
with Indian Tribal Governments (65 FR
67249, November 9, 2000), do not apply
to this proposed rule.
G. Executive Order 13045
This action is not subject to Executive
Order 13045, entitled Protection of
Children from Environmental Health
Risks and Safety Risks (62 FR 19885,
April 23, 1997), because this is not an
economically significant regulatory
action as defined by Executive Order
12866, and this action does not address
environmental health or safety risks
disproportionately affecting children.
H. Executive Order 13211
This proposed rule is not subject to
Executive Order 13211, entitled Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use (66 FR 28355, May
22, 2001), because this action is not
expected to affect energy supply,
distribution, or use and because this
action is not a significant regulatory
action under Executive Order 12866.
I. National Technology Transfer and
Advancement Act
In addition, since this action does not
involve any technical standards, section
12(d) of the National Technology
Transfer and Advancement Act of 1995
(NTTAA), Public Law 104-113, section
12(d) (15 U.S.C. 272 note), does not

apply to this action.

J. Executive Order 12898
This action does not entail special
considerations of environmental justice
related issues as delineated by
Executive Order 12898, entitled Federal
Actions to Address Environmental
Justice in Minority Populations and
Low-Income Populations (59 FR 7629,
February 16, 1994).
List of Subjects in 40 CFR Part 721
Environmental protection, Chemicals,
Hazardous substances, Reporting and
recordkeeping requirements.
Dated: July 22, 2011.
Wendy C. Hamnett,
Director, Office of Pollution Prevention and
Toxics.
Therefore, 40 CFR part 721 is
proposed to be amended as follows:
PART 721-[AMENDED]
1. The authority citation for part 721
continues to read as follows:
Authority: 15 U.S.C. 2604, 2607, and
2625(c).
2. Amend 721.9719 as follows:
a. Revise the section heading.
b. Revise paragraphs (a)(1), (a)(2)(i),
and (a)(2)(ii).
c. Remove paragraph (a)(2)(iii).
d. Revise paragraph (b)(1).
e. Remove paragraph (b)(3).
The revisions and addition read as
follows:
721.9719 Tris carbamoyl triazine.
(a) * * *
(1) The chemical substance identified
generically as tris carbamoyl triazine
(PMN P-95-1098) is subject to reporting
under this section for the significant
new uses described in paragraph (a)(2)
of this section. The requirements of this
rule do not apply to quantities of the
chemical substance after it has been
completely reacted (cured).
(2) * * *
(i) Protection in the workplace.
Requirements as specified in 721.63
(a)(4), (a)(5), (a)(6)(v), (b) (concentration
set at 1.0 percent), and (c). Respirators
must provide a National Institute for
Occupational Safety and Health
(NIOSH) assigned protection factor
(APF) of at least 5. As an alternative to
the respiratory requirements listed, a
manufacturer, importer, or processor
may choose to follow the new chemical
exposure limit (NCEL) provisions listed
in the Toxic Substances Control Act
(TSCA) section 5(e) consent order for
this substance. The NCEL is 1.0 mg/m3
as an 8-hour time weighted average.
Persons who wish to pursue NCELs as
an alternative to the 721.63 respirator

requirements may request to do so

under 721.30. Persons whose 721.30
requests to use the NCELs approach are
approved by EPA will receive NCELs
provisions comparable to those
contained in the corresponding section
5(e) consent order. The following
NIOSH-certified respirators meet the
requirements for 721.63(a)(4):
(A) Air purifying, tight-fitting half-
face respirator equipped with the
appropriate combination cartridges;
cartridges should be tested and
approved for the gas/vapor substance
(i.e., organic vapor, acid gas, or
substance-specific cartridge) and should
include a particulate filter (N100 if oil
aerosols are absent, R100, or P100);
(B) Air purifying, tight-fitting full-face
respirator equipped with the
appropriate combination cartridges,
cartridges should be tested and
approved for the gas/vapor substance
(i.e., organic vapor, acid gas, or
substance-specific cartridge) and should
include a particulate filter (N100 if oil
aerosols are absent, R100, or P100);
(C) Powered air-purifying respirator
equipped with loose-fitting hood or
helmet equipped with a High Efficiency
Particulate Air (HEPA) filter; powered
air-purifying respirator equipped with
tight-fitting facepiece (either half-face or
full-face) equipped with a High
Efficiency Particulate Air (HEPA) filter;
(D) Supplied-air respirator operated in
pressure demand or continuous flow
mode and equipped with a hood or
helmet, or tight-fitting face piece (either
half-face or full-face).
(ii) Hazard communication program.
Requirements as specified in 721.72
(a), (b), (c), (d), (e) (concentration set at
1.0 percent), (f), (g)(1)(ii), (g)(1)(iv),
(g)(1)(ix), (g)(2)(ii), (g)(2)(iv), and (g)(5).
(b) * * *
(1) Recordkeeping. Recordkeeping
requirements as specified in 721.125
(a), (b), (c), (d), (f), (g), and (h) are
applicable to manufacturers, importers,
and processors of this substance.
* * * * *
[FR Doc. 2011-19412 Filed 8-2-11; 8:45 am]
BILLING CODE 6560-50-P

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