(a) Chemical substances and significant new uses subject to reporting.
(1) The chemical substance identified as benzene, 1,2-dimethyl-, polypropene derivatives, sulfonated, potassium salts (PMN P-89-711) is subject to reporting under this section for the significant new uses described in paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Hazard communication program. Requirements as specified in § 721.72 (a), (b), (c), (d), (e) (concentration set at 1.0 percent, and (f). The following environmental hazard statement shall appear on each label as specified in § 721.72(b) of this section and the MSDS as specified in § 721.72(c) of this section: EPA is requiring aquatic toxicity testing and fate testing for a substance in this product. These requirements are based on EPA's determination that the substance causes toxicity to fish and aquatic organisms based on data on the substance and similar sulfonate compounds. EPA has further determined that discharge of this substance may cause toxicity to fish and aquatic organisms at concentrations as low as 25 ppb. Water releases of the substance are subject to an EPA Significant New Use Rule (SNUR) under 40 CFR part 721 which requires that EPA be notified 90 days prior to use resulting in surface water concentrations in excess of this level.
(ii) Industrial, commercial, and consumer activities. Requirements as specified in § 721.80 (l) and (q).
(iii) Release to water. Requirements as specified in § 721.90 (a)(4), (b)(4), and (c)(4) (where N = 25 ppb). The requirement of 40 CFR 721.91(a)(4) that the amount of the substance estimated to be released to water is calculated before entering control technology is not retained. If the waste stream containing the substance will be treated using biological treatment (activated sludge or equivalent) plus clarification, then the amount of substance reasonably likely to be removed from the waste stream by such treatment may be subtracted in calculating the number of kilograms released. No more than 50 percent removal efficiency may attributed to such treatment.
(b) Specific requirements. The provisions of subpart A of this part apply to this section except as modified by this paragraph.
(1) Recordkeeping requirements. The following recordkeeping requirements are applicable to manufacturers, importers, and processors of this substance: § 721.125 (a), (b), (c), (f), (g), (h), (i), and (k).
(2) Limitations or revocation of certain notification requirements. The provisions of § 721.185 apply to this significant new use rule.
(3) Determining whether a specific use is subject to this section. The provisions of § 721.1725(b)(1) apply to this section.
[56 FR 15789, Apr. 17, 1991. Redesignated and amended at 58 FR 29946, May 24, 1993; 58 FR 34204, June 23, 1993]