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Federal Register / Vol. 79, No. 241 / Tuesday, December 16, 2014 / Rules and Regulations 74639

(b) In addition to the filing (1) File the following communications processing. The required notifications requirements under paragraph (a) of this through TEAS: would provide EPA with the section, the applicant must: (i) Responses to Office actions (except opportunity to evaluate the intended (1) File the following communications notices of appeal under section 20 of the use and, if necessary based on the through TEAS: Trademark Act); information available at that time, an (i) Responses to Office actions (except (ii) Requests to change the opportunity to protect against potential notices of appeal under section 20 of the correspondence address and owner’s unreasonable risks, if any, from that Trademark Act); address; activity before it occurs. EPA is also (ii) Requests to change the (iii) Appointments and/or revocations making a technical amendment to the correspondence address and owner’s of power of attorney; codified list of control numbers for address; (iv) Appointments and/or revocations approved information collection (iii) Appointments and/or revocations of domestic representative; activities so that it includes the control of power of attorney; (v) Voluntary amendments; number assigned by the Office of (iv) Appointments and/or revocations (vi) Amendments to allege use under Management and Budget (OMB) to the of domestic representative; section 1(c) of the Act or statements of information collection activities (v) Voluntary amendments; use under section 1(d) of the Act; contained in this rule. (vi) Amendments to allege use under (vii) Requests for extensions of time to DATES: section 1(c) of the Act or statements of file a statement of use under section 1(d) This final rule is effective use under section 1(d) of the Act; of the Act; and February 17, 2015. (vii) Requests for extensions of time to (viii) Requests to delete a section 1(b) ADDRESSES: The docket for this action, file a statement of use under section 1(d) basis. identified by docket identification (ID) of the Act; and (2) Maintain a valid email number EPA–HQ–OPPT–2009–0767, is (viii) Requests to delete a section 1(b) correspondence address, and continue available at http://www.regulations.gov basis. to receive communications from the or at the Office of Pollution Prevention (2) Maintain a valid email Office by email. and Toxics Docket (OPPT Docket), EPA correspondence address and continue to (c) If an application does not meet the Docket Center (EPA/DC), West William receive communications from the Office requirements of paragraphs (a) and (b) of Jefferson Clinton Bldg., Rm. 3334, 1301 by email. (c) If an application does not fulfill this section, the applicant must pay the Constitution Ave. NW., Washington, the requirements of paragraphs (a) and processing fee required by § 2.6(a)(1)(v). DC. The Public Reading Room is open (b) of this section, the applicant must The application will retain its original from 8:30 a.m. to 4:30 p.m., Monday pay the processing fee required by filing date, provided that when filed, the through Friday, excluding legal § 2.6(a)(1)(v). The application will retain application met the filing date holidays. The telephone number for the its original filing date, provided that requirements of § 2.21. Public Reading Room is (202) 566–1744, when filed, the application met the Dated: December 10, 2014. and the telephone number for the OPPT Docket is (202) 566–0280. Please review filing date requirements of § 2.21. Michelle K. Lee, the visitor instructions and additional (d) The following types of Deputy Under Secretary of Commerce for applications cannot be filed as TEAS Intellectual Property and Deputy Director, information about the docket available Plus applications: United States Patent and Trademark Office. at http://www.epa.gov/dockets. (1) Applications for certification [FR Doc. 2014–29413 Filed 12–15–14; 8:45 am] FOR FURTHER INFORMATION CONTACT: For marks (see § 2.45); BILLING CODE 3510–16–P technical information contact: Kirsten (2) Applications for collective Hesla, Chemical Control Division trademarks and service marks (see (7405M), Office of Pollution Prevention § 2.44); ENVIRONMENTAL PROTECTION and Toxics, Environmental Protection (3) Applications for collective AGENCY Agency, 1200 Pennsylvania Ave. NW., membership marks (see § 2.44); and Washington, DC 20460–0001; telephone (4) Applications for registration on the 40 CFR Parts 9 and 721 number: 202–564–2984; email address: Supplemental Register (see § 2.47). [email protected]. [EPA–HQ–OPPT–2009–0767; FRL–9915–61] ■ 4. Revise § 2.23 to read as follows: For general information contact: The RIN 2070–AJ52 § 2.23 Requirements for a TEAS RF TSCA-Hotline, ABVI-Goodwill, 422 application. South Clinton Ave., Rochester, NY Glycol ; Significant 14620; telephone number: (202) 554– (a) A trademark, service mark, New Use Rule certification mark, collective 1404; email address: TSCA-Hotline@ membership mark, or collective AGENCY: Environmental Protection epa.gov. trademark application for registration on Agency (EPA). SUPPLEMENTARY INFORMATION: the Principal or Supplemental Register ACTION: Final rule. under section 1 and/or section 44 of the I. Executive Summary SUMMARY: Under the Toxic Substances Act will be entitled to a reduced filing A. Does this action apply to me? fee under § 2.6(a)(1)(iii) if it is filed Control Act (TSCA), EPA is through TEAS and includes: promulgating a significant new use rule You may be potentially affected by (1) An email address for (SNUR) for seven ethylene this action if you manufacture correspondence; and (also known as glymes). This rule will (including import) or process any of the (2) An authorization for the Office to require persons who intend to chemical substances covered by this send correspondence concerning the manufacture (including import) or final rule. The North American application to the applicant or process any of the seven Industrial Classification System applicant’s attorney by email. ethers for an activity that is designated (NAICS) codes identified are not (b) In addition to the filing as a significant new use by this rule to intended to be exhaustive, but rather requirements under paragraph (a) of this notify EPA at least 90 days before provides a guide to help readers section, the applicant must: commencing such manufacture or determine whether this document

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applies to them. Potentially affected including those listed in TSCA section paint/graffiti removers, and in consumer entities may include: 5(a)(2). Once EPA determines that a use paints; • Manufacturers of one or more of of a chemical substance is a significant • Diethylene glycol dibutyl subject chemical substances (NAICS new use, TSCA section 5(a)(1)(B) (butyldiglyme, CASRN 112–73–2) for codes 325 and 324110); e.g., chemical requires persons to submit a significant any use in a consumer product, except manufacturing and petroleum refineries; new use notice (SNUN) to EPA at least as a component of inks, coatings and • All other basic organic chemical 90 days before they manufacture or adhesives, and as a component in manufacturing (NAICS code 325199) process the chemical substance for that soldering compounds; or • Paint and coating manufacturing use (15 U.S.C. 2604(a)(1)(B)). As • Triethylene glycol dibutyl ether (NAICS code 325510); described in Unit V., the general SNUR (butyltriglyme, CASRN 63512–36–7) for • Adhesive manufacturing (NAICS provisions are found at 40 CFR part 721, any use. code 325520); subpart A. • Printing ink manufacturing (NAICS D. Why is the Agency taking this action? code 325910); and C. What action is the Agency taking? This SNUR is necessary to ensure that • Motor vehicle brake system In the Federal Register of July 12, EPA receives timely advance notice of manufacturing (NAICS code 336340). 2011 (76 FR 40850) (FRL–8877–8), EPA any future manufacturing and This action may also affect certain proposed a SNUR for 14 ethylene glycol processing of these ethylene glycol entities through pre-existing import ethers (Ref. 1). EPA’s response to public ethers for new uses that may produce certification and export notification comments received on the proposed changes in human and environmental rules under TSCA. Persons who import rule appears in Unit X. Please consult exposures. The rationale and objectives any chemical substance are subject to the July 12, 2011 Federal Register for this SNUR are explained in Unit III. the TSCA section 13 (15 U.S.C. 2612) document for further background import certification requirements and information for this final rule. E. What are the estimated incremental the corresponding regulations at 19 CFR This final SNUR applies to seven of impacts of this action? 12.118 through 12.127; see also 19 CFR the 14 ethylene glycol ethers identified 127.28. Those persons must certify that in the proposed rule. EPA is not EPA has evaluated the potential costs the shipment of the chemical substance finalizing the SNUR for the other seven of establishing SNUR reporting complies with all applicable rules and ethylene glycol ethers proposed because requirements for potential orders under TSCA, including any the Agency believes that these manufacturers and processors of the SNUR requirements. The EPA policy in chemicals are not sufficiently similar to chemical substances included in this support of import certification appears the seven chemicals subject to this final rule. This analysis, which is at 40 CFR part 707, subpart B. In SNUR and therefore do not raise the available in the docket, is discussed in addition, any persons who export or same concern for potential exposure to Unit IX., and is briefly summarized intend to export a chemical substance these chemicals. (See Unit X.A. for more here. that is the subject of this rule are subject information.) This final SNUR will In the event that a SNUN is to the export notification provisions of require persons to notify EPA at least 90 submitted, costs are estimated to be less TSCA section 12(b) (15 U.S.C. 2611(b)), days before commencing the than $8,700 per SNUN submission for (see 40 CFR 721.20), and must comply manufacture (including import) or large business submitters and $6,300 for with the export notification processing of: small business submitters. These requirements in 40 CFR part 707, • Monoethylene glycol dimethyl estimates include the cost to prepare subpart D. ether (monoglyme, CASRN 110–71–4) and submit the SNUN and the payment To determine whether you or your for any use in a consumer product; of a user fee. In addition, for persons business may be affected by this action, • Diethylene glycol dimethyl ether exporting a substance that is the subject you should carefully examine the (diglyme, CASRN 111–96–6) for any use of a SNUR, a one-time notice must be applicability provisions in 40 CFR 721.5 in a consumer product; provided for the first export or intended and 40 CFR 721.10299. If you have any • Ethylene glycol export to a particular country, which is questions regarding the applicability of (ethylglyme, CASRN 629–14–1) for any estimated to cost less than $100 on this action to a particular entity, consult use in a consumer product; average per notification. Since EPA is the technical person listed under FOR • Diethylene glycol diethyl ether unable to predict whether anyone might FURTHER INFORMATION CONTACT. (ethyldiglyme, CASRN 112–36–7) for engage in future activities that would any use in a consumer product, except require reporting, potential total costs B. What is the Agency’s authority for as a component of inks, coatings and were not estimated. taking this action? adhesives, and as a component of paint/ II. Overview of the Chemical Section 5(a)(2) of TSCA (15 U.S.C. graffiti removers; Substances Subject to This Rule 2604(a)(2)) authorizes EPA to determine • Triethylene glycol dimethyl ether that a use of a chemical substance is a (triglyme, CASRN 112–49–2) for any use The ethylene glycol ethers and the ‘‘significant new use.’’ EPA must make in a consumer product, except as a significant new use for each chemical this determination by rule after in consumer adhesives, in brake substance subject to this SNUR are considering all relevant factors, fluid, as a component of consumer identified in Table 1 of this unit.

TABLE 1—CHEMICALS WITH SIGNIFICANT NEW USE(S)

Chemical Chemical Abstracts (CA) index Abstracts Chemical name Service Significant new use(s) 1 name Registry No. (CASRN)

Monoethylene glycol dimethyl Ethane, 1,2,-dimethoxy- ...... 110–71–4 Any use in a consumer product. ether or monoglyme.

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TABLE 1—CHEMICALS WITH SIGNIFICANT NEW USE(S)—Continued

Chemical Chemical Abstracts (CA) index Abstracts Chemical name Service Significant new use(s) 1 name Registry No. (CASRN)

Diethylene glycol dimethyl ether Ethane, 1,1′-oxybis[2-methoxy- 111–96–6 Any use in a consumer product. or diglyme. Diethylene glycol diethyl ether Ethane, 1,1′-oxybis[2-ethoxy- .. 112–36–7 Any use in a consumer product except as a component of or ethyldiglyme. inks, coatings and adhesives, and as a component of paint/ graffiti removers. Triethylene glycol dimethyl 2,5,8,11-Tetraoxadodecane ..... 112–49–2 Any use in a consumer product, except as a solvent in con- ether or triglyme. sumer adhesives, in brake fluid, as a component of con- sumer paint/graffiti removers, and in consumer paints. Diethylene glycol dibutyl ether , 1,1′-[oxybis(2,1-ethane 112–73–2 Any use in a consumer product except as a solvent in con- or butyldiglyme. diyloxy)]bis-. sumer inks, coatings and adhesives, and as a component in soldering compounds. Ethylene glycol diethyl ether or Ethane, 1,2-diethoxy ...... 629–14–1 Any use in a consumer product. ethylglyme. Triethylene glycol dibutyl ether 5,8,11,14-Tetraoxaoctadecane 63512–36–7 Any use. or butyltriglyme. 1 In defining the significant new use for each chemical, the exceptions listed in this table reflect the identified ongoing uses, where they exist, that are excluded from the definition of significant new use.

EPA notes that the seven chemical toxicity, genotoxicity and toxicity to begins. Since the new use does not substances that are the subjects of this blood and blood forming organs and currently exist, deferring a detailed SNUR are not the only ethylene glycol believes that individuals could suffer consideration of potential risks or ethers that are of concern based on adverse effects from their use (Refs. 1– hazards related to that use is an effective toxicity. EPA has described the ethylene 4). This concern is based on a use of resources. If a person decides to glycol ethers category more broadly combination of data and structure- begin manufacturing or processing the under the TSCA New Chemicals activity relationships. While a specific chemical for the use, the notice allows Program and under Emergency Planning hazard evaluation is not required by EPA to evaluate the use according to the and Community Right-To-Know Act TSCA section 5(a)(2), EPA considered specific parameters and circumstances (EPCRA) section 313. (See the TSCA hazard in designating this category of surrounding that intended use. New Chemicals Program Chemical ethylene glycol ethers. In deciding to B. Objectives Categories document (Ref. 2) and the focus on these chemical substances, EPCRA section 313 List of Toxic EPA considered use patterns as well as Based on the considerations in Unit Chemicals ‘‘Certain Glycol Ethers’’ toxicity data and structure-activity III.A., EPA will achieve the following category at 40 CFR 372.65(c) (Ref. 3). relationships. EPA considered these objectives with regard to the significant Both categories are based on a factors in conjunction with the statutory new uses that are designated in this consideration of structural similarity factors provided in section 5(a)(2). In rule: and hazard.) These categories are designating the significant new uses for 1. EPA will receive notice of any broader than the category that is subject these chemical substances, EPA will person’s intent to manufacture or to this SNUR. For this rulemaking, EPA have the opportunity to evaluate and process any of the chemical substances considered past and current patterns of control, where appropriate, activities listed in Table 1 of Unit II. for the associated with those uses, if such use as one factor in determining which described significant new use before manufacturing or processing for the ethylene glycol ethers would be that activity begins. significant new uses were to start or included within the scope of this SNUR. 2. EPA will have an opportunity to EPA believes that the seven ethylene resume. The required notification provided by a SNUN will provide EPA review and evaluate data submitted in a glycol ethers that are the subjects of this SNUN before the notice submitter SNUR have and/or had similar use with the opportunity to evaluate activities associated with a significant begins manufacturing or processing the patterns and can be anticipated to have chemical substances listed in Table 1 of at least some similar new uses. Thus, new use and an opportunity to protect against unreasonable risks, if any, which Unit II. for the described significant new given the potential for similar uses and use. the potential impact that these will have may occur from exposure to these on type, duration, and magnitude of chemical substances. 3. EPA will be able to regulate the exposure, EPA believes it is appropriate Consistent with EPA’s past practice prospective manufacture or processing to focus on these seven ethylene glycol for issuing SNURs under TSCA section of the chemical substances before the ethers. 5(a)(2), EPA’s decision to issue a SNUR described significant new use of the for a particular chemical use need not chemical substance listed in Table 1 of III. Rationale and Objectives for This be based on an extensive evaluation of Unit II. occurs, provided that regulation Final Rule the hazard, exposure, or potential risk is warranted pursuant to TSCA sections A. Rationale associated with that use. Rather, the 5(e), 5(f), 6 or 7. Agency’s action is based on EPA’s IV. Significant New Use Determination EPA is concerned about the potential determination that if the use begins or of the seven ethylene glycol ethers that resumes, it may present a risk that EPA Section 5(a)(2) of TSCA states that are the subjects of this SNUR to cause should evaluate under TSCA before the EPA’s determination that a use of a reproductive and/or developmental manufacturing or processing for that use chemical substance is a significant new

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use must be made after consideration of uses. In addition, because there are no 5(a)(1)(B) of TSCA is best served by all relevant factors including: ongoing uses of triethylene glycol designating a use as a significant new • The projected volume of dibutyl ether, any new use would result use as of the date of publication of the manufacturing and processing of a in a change in the volume of proposed rule rather than as of the chemical substance. manufacturing and processing of this effective date of the final rule. If uses • The extent to which a use changes chemical substance, as well as the type, begun after publication of the proposed the type or form of exposure of human form, magnitude and duration of rule were considered ongoing rather beings or the environment to a chemical exposure, and the manner and methods than new, it would be difficult for EPA substance. of manufacturing, processing, to establish SNUR notice requirements, • The extent to which a use increases distribution in commerce, and disposal because a person could defeat the SNUR the magnitude and duration of exposure of this chemical substance. by initiating the proposed significant of human beings or the environment to new use before the rule became final, a chemical substance. V. Applicability of General Provisions • and then argue that the use was ongoing The reasonably anticipated manner General provisions for SNURs appear as of the effective date of the final rule. and methods of manufacturing, under 40 CFR part 721, subpart A. Thus, persons who may have begun processing, distribution in commerce, These provisions describe persons commercial manufacture or processing and disposal of a chemical substance. subject to the rule, recordkeeping of the chemical substance(s) subject to In addition to these factors requirements, exemptions to reporting this rule after the proposal was enumerated in TSCA section 5(a)(2), the requirements, and applicability of the published on July 12, 2011, must cease statute authorizes EPA to consider any rule to uses occurring before the such activity before the effective date of other relevant factors. effective date of the final rule. To determine what would constitute a this final rule. To resume their Provisions relating to user fees appear activities, these persons will have to significant new use of the chemical at 40 CFR part 700. According to 40 CFR comply with all applicable SNUR notice substances subject to this rule, as 721.1(c), persons subject to SNURs must requirements and wait until the notice discussed herein, EPA considered comply with the same notice review period, including all extensions, relevant information about the potential requirements and EPA regulatory expires. Uses arising after the toxicity of these substances, the range of procedures as submitters of publication of the proposed rule are uses for these chemicals and the four Premanufacture Notices (PMNs) under distinguished from uses that exist at factors listed in section 5(a)(2) of TSCA. TSCA section 5(a)(1)(A). In particular, publication of the proposed rule. The EPA believes that potential new these requirements include the former would be new uses, the latter consumer uses could change the type information submissions requirements ongoing uses. To the extent that and form of exposure and/or the of TSCA section 5(b) and 5(d)(1), the additional ongoing uses were found in magnitude and duration of exposure to exemptions authorized by TSCA section the course of rulemaking, EPA has humans and the environment relative to 5(h)(1), (h)(2), (h)(3), and (h)(5), and the excluded these uses from the final what currently exists. Use in consumer regulations at 40 CFR part 720. Once SNUR. EPA promulgated provisions to products could result in different types EPA receives a SNUN, EPA may take allow persons to comply with this of exposure, e.g., inhalation exposure regulatory action under TSCA section SNUR before the effective date. If a through spray applications, dermal 5(e), 5(f), 6 or 7 to control the activities person were to meet the conditions of exposure if the consumer product is on which it has received the SNUN. If advance compliance under 40 CFR meant to be hand-applied to an object, EPA does not take action, EPA is 721.45(h), that person would be than currently exist. Use in different required under TSCA section 5(g) to considered to have met the consumer products can also change the explain in the Federal Register its requirements of the final SNUR for duration of exposure, which will reasons for not taking action. depend upon the type of consumer Persons who export or intend to those activities. product in which the chemical export a chemical substance(s) VII. Test Data and Other Information substance is used. Also, new uses of any identified in a proposed or final SNUR EPA recognizes that TSCA section 5 of these chemical substances would are subject to the export notification does not usually require developing any likely result in an increase of the provisions of TSCA section 12(b). The particular test data before submission of magnitude of exposure relative to regulations that interpret TSCA section current exposures given that these uses a SNUN. There are two exceptions: 12(b) appear at 40 CFR part 707, subpart 1. Development of test data is would be in addition to ongoing uses. D. Persons who import a chemical required where the chemical substance Consumers use a variety of products; substance are subject to the TSCA subject to the SNUR is also subject to a thus, their potential exposures to a section 13 import certification test rule under TSCA section 4 (see chemical substance in multiple requirements, codified at 19 CFR 12.118 TSCA section 5(b)(1)); and consumer products would likely be through 12.127; see also 19 CFR 127.28. 2. Development of test data may be additive. Such persons must certify that the necessary where the chemical substance New uses in consumer products shipment of the chemical substance would also result in differences in the has been listed under TSCA section complies with all applicable rules and 5(b)(4) (see TSCA section 5(b)(2)). processing of the chemical substances orders under TSCA, including any that are the subject of this SNUR SNUR requirements. The EPA policy in In the absence of a section 4 test rule or because these chemical substances may support of import certification appears a section 5(b)(4) listing covering the be mixed with other chemicals and may at 40 CFR part 707, subpart B. chemical substance, persons are be made part of consumer products with required only to submit test data in their different properties, e.g., different VI. Applicability of the Rule to Uses possession or control and to describe viscosities from existing consumer Occurring Before Effective Date of the any other data known to or reasonably products. Based on these considerations Final Rule ascertainable by them (15 U.S.C. of the statutory factors, EPA has As discussed in the Federal Register 2604(d); 40 CFR 721.25, and 40 CFR determined that the uses identified in of April 24, 1990 (55 FR 17376), EPA 720.50). However, as a general matter, Table 1 of Unit II. are significant new has decided that the intent of section EPA recommends that SNUN submitters

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include data that would permit a and $6,189 for small business Response. EPA disagrees that it was reasoned evaluation of risks posed by submitters. These estimates include the unclear what chemical substances were the chemical substance during its cost to prepare and submit the SNUN, the subjects of the proposed SNUR. manufacture (including import), and the payment of a user fee. Even if an individual manufacturer or processing, use, distribution in Businesses that submit a SNUN would processor were unfamiliar with the term commerce, or disposal. EPA encourages be subject to either a $2,500 user fee EPA used to designate the category persons to consult with the Agency required by 40 CFR 700.45(b)(2)(iii), or, (‘‘glymes’’), all of the chemical before submitting a SNUN. As part of if they are a small business with annual substances proposed to be included in this optional pre-notice consultation, sales of less than $40 million when the SNUR were also individually EPA would discuss specific data it combined with those of the parent identified by their CASRN, CA Index believes may be useful in evaluating a company (if any), a reduced user fee of Name, and ethylene glycol ether significant new use. SNUNs submitted $100 (40 CFR 700.45(b)(1)). The costs of common name. Notice of the proposal for significant new uses without any test submission of SNUNs will not be was adequate; there were several ways data may increase the likelihood that incurred by any company unless a in which stakeholders could have EPA will take action under TSCA company decides to pursue a significant determined which chemical substances section 5(e) to prohibit or limit activities new use as defined in this SNUR. EPA’s were the subjects of the proposal. associated with this chemical substance. complete economic analysis is available However, to increase clarity, EPA will SNUN submitters should be aware in the public docket for this rule (Ref. list the ‘‘ethylene glycol ether’’ name that EPA will be better able to evaluate 5). instead of the name ‘‘glymes’’ to characterize the chemicals subject to SNUNs that provide detailed B. Export Notification information on: this SNUR. • Human exposure and Under section 12(b) of TSCA and the 2. Comment. One commenter environmental releases that may result implementing regulations at 40 CFR part contends that while the ethylene glycol from the significant new uses of the 707, subpart D, exporters must notify ethers are structurally similar, they vary chemical substance. EPA if they export or intend to export in molecular weight, in the number of • Potential benefits of the chemical a chemical substance or mixture for ethylene glycol groups, and in the substance. which, among other things, a rule has length of the terminal alkyl groups. The • Information on risks posed by the been proposed or promulgated under commenter asserts that the presence of chemical substances compared to risks section 5. For persons exporting a characteristics, such as longer terminal posed by potential substitutes. substance that is the subject of a SNUR, alkyl groups and more ethylene glycol a one-time notice must be provided for groups act to reduce the developmental VIII. SNUN Submissions the first export or intended export to a and reproductive toxicity of the higher EPA recommends that entities consult particular country. The total costs of molecular weight ethylene glycol ethers, with the Agency prior to submitting a export notification will vary by as compared to the lower molecular SNUN to discuss what data may be chemical substance, depending on the weight ethylene glycol ethers. The useful in evaluating a significant new number of required notifications (i.e., commenter states that there is a use. Discussions with the Agency prior the number of countries to which the decrease in ethylene glycol ether to submission can afford ample time to chemical substance is exported). EPA is toxicity with increasing terminal alkyl conduct any tests that might be helpful unable to make any estimate of the length and/or increasing ethylene glycol in evaluating risks posed by the likely number of export notifications for groups, and that the category should be intended use of the chemical substance. the chemical substances covered in this limited to monoglyme, diglyme and According to 40 CFR 721.1(c), persons SNUR. ethylglyme. Another commenter contends that the category should be submitting a SNUN must comply with X. Response to Comments the same notice requirements and EPA limited based on a consideration of regulatory procedures as persons The Agency reviewed and considered metabolism. The commenter contends submitting a PMN, including all comments received related to the that the category should be limited to submission of test data on health and proposed rule. Copies of all non-CBI monoglyme, diglyme, ethyl diglyme and environmental effects as described in 40 comments are available in the docket for triglyme because only these will be CFR 720.50. SNUNs must be submitted this action (EPA–HQ–OPPT–2009– metabolized in the body to chemical on EPA Form No. 7710–25, generated 0767). A discussion of the major substances that have toxicity using e-PMN software, and submitted to comments germane to the rulemaking characteristics of ethylene glycol the Agency in accordance with the and the Agency’s responses follow. monomethyl ether and ethylene glycol procedures set forth in 40 CFR 721.25 Responses to all germane comments monoethyl ether. The commenter and 40 CFR 720.40. E–PMN software is received are in the document titled: contends that none of the other ethylene available electronically at http:// ‘‘Response to Comments on the glycol ethers exhibit developmental or www.epa.gov/opptintr/newchems. Proposed Ethylene Glycol Ethers reproductive toxicity similar to that of (Glymes) Significant New Use Rule these four chemical substances. IX. Economic Analysis (SNUR)’’ (Ref. 6), which is also available Response. A specific evaluation of hazard is not required by TSCA section A. SNUNs in the docket. 5(a)(2) to issue a SNUR. Nonetheless, EPA has evaluated the potential costs A. Scope of Ethylene Glycol Ethers EPA has based this SNUR in part on of establishing SNUR reporting Category considerations of toxicity, so toxicity requirements for potential 1. Comment. One commenter considerations are relevant in this manufacturers and processors of the contends that the term glymes, while instance. chemical substance included in this rule technically correct, is a less well-known EPA believes that based on both (Ref. 5). In the event that a SNUN is term for these ethylene glycol ethers. toxicity data and structure-activity submitted, costs are estimated at The commenter asserts it may not have relationships (Refs. 1–4) ethylene glycol approximately $8,589 per SNUN been clear to many what chemicals are ethers that consist of 1, 2 or 3 glycol submission for large business submitters subject to this rulemaking. ether groups and terminal alkyl groups

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of 1 to 4 carbons can be anticipated to establish which substances are While EPA did consider toxicity in cause developmental and reproductive sufficiently similar to be included in the deciding to focus on these chemical toxicity and/or hemolytic toxicity. SNUR. EPA notes that some level of substances, under TSCA section 5(a)(2), Based on these same data and structure- variation within chemical categories is EPA is neither required to determine activity relationships, EPA agrees with inevitable when placing similar that a particular new use of any commenters that chemical substances chemicals into groups, and therefore, chemical substance presents, nor even with more than 3 repeating glycol ether variation is expected. The similarity in that it may present, an unreasonable risk units should not be included in the the toxicity of the chemical substances to human health or the environment. category because the toxicity of such that are the subject of this SNUR is not Rather, EPA issues a SNUR for a substances is dissimilar from the primarily based on molecular weight particular new use of a substance if it remaining members of the category. but as discussed above is based on both has reason to anticipate that the use Therefore, EPA removed seven of the toxicity data and structure-activity would raise significant questions related proposed category members from the relationships (Refs 1–4). Ethylene glycol to potential exposure, so that it should final rule. ethers that consist of 1, 2 or 3 glycol have an opportunity to review the use While there is evidence that the ether groups and terminal alkyl groups before such use could occur. EPA bases toxicity is reduced going from methyl to of 1 to 4 carbons can be anticipated to this judgment on a consideration of all butyl ether and with increasing number cause developmental and reproductive relevant factors, including the specific of ethylene glycol groups, toxicity is toxicity and/or hemolytic toxicity. factors identified at section 5(a)(2). EPA still observed (Refs. 3, 4). Indeed, data Based on these toxicity considerations, considered similarities in toxicity and provided by one commenter EPA notes that it did, in fact remove potential toxicity among these chemical demonstrate the developmental toxicity some of the higher molecular weight substances, similarities in uses and of six of the seven ethylene glycol ethers ethylene glycol ethers from the final considered the extent to which the (Ref. 7). Among the seven substances rule. But EPA disagrees that varying significant new uses that are the subject listed in Table 1 of Unit II., EPA molecular weight, in itself, should be a of this SNUR could result in changes to disagrees that the relevant evidence deciding factor in eliminating a the processing of these chemical establishes sufficient variation in degree chemical substance from a category of substances and the type, duration and of toxicity to cull any further substances similar chemical substances. While the magnitude of exposures to these from the group. Differing doses at which commenter provides limited data on chemicals. toxicity occurs does not equate with developmental and reproductive B. Use lack of toxicity. Thus, EPA disagrees toxicity, they provide no data with 4. Comment. Two commenters request with the commenter that the category respect to other toxicity endpoints of clarification on whether automobiles are should be further limited to only those concern (including toxicity to blood and considered consumer products. These chemicals which induce toxicity at the blood forming organs, and potential for commenters point to the definition of lowest doses. Inclusion in the category gene mutation) and the commenter does consumer product at section 3(a)(5) of is appropriately predicated on similarity not speculate on possible similarities or the Consumer Product Safety Act of toxicity. (EPA notes also that the differences among the chemical (CPSA), which excludes motor vehicles. commenters’ individual lists are not in substances with respect to these These commenters contend that the EPA agreement with respect to ethylene endpoints (Ref. 7). glycol ethers that they consider to be the definition at 40 CFR 721.3 should be 3. Comment. Several commenters most developmentally toxic, and that clarified to be consistent with CPSA and contend that the ethylene glycol ether there is only partial overlap between exclude motor vehicles. category is too broad. While the these two lists.) Response. CPSA is a different statute Further, ethylene glycol ethers cause chemical substances in the category are from TSCA. For purposes of significant adverse effects in addition to similar because they have one or more new use rules issued pursuant to TSCA, reproductive and developmental repeating glycol ether groups and consumer product is defined at 40 CFR toxicity. Data for other toxic effects of terminal alkyl chains, structural 721.3 as ‘‘. . . a chemical substance that ethylene glycol ethers with terminal similarity is not sufficient to predict is directly, or as part of a mixture, sold alkyl groups of one to four carbons do toxicity. One commenter further states or made available to consumers for their not indicate a trend toward decreasing that structural similarities alone should use in or around a permanent or toxicity with increasing alkyl chain not be the basis for toxicity temporary household or residence, in or length (Ref. 4). Hemolysis has been determinations, risk assessment and around a school, or in recreation.’’ This reported in varying degrees for ethylene subsequent regulation. is the pertinent regulatory text and it glycol ethers of one to five carbons in Response. EPA acknowledges the contains no exclusion for automobiles. the alkyl chains (Ref. 4). Hemolysis is commenters’ assertions that the category However, EPA would not consider associated with chain length, and a of ethylene glycol ethers in the ethylene glycol ethers to have been chain length of four carbons causes this proposed SNUR was too broad, and is ‘‘sold or made available to consumers type of toxicity at the lowest dose (Ref. finalizing this SNUR for only seven of for their use’’ merely because they have 4). the original 14 chemicals. been sold or made available to One commenter contends that ‘‘the The commenters’ remaining automobile manufacturers or lower glymes that are generally arguments (about the relevance of commercial auto service establishments considered to be toxic following structural similarities to risk (for their use in manufacturing or repeated exposure are: Monoglyme, assessment, and subsequent regulation) maintaining customers’ motor vehicles). diglyme and ethylglyme. The higher are premature. This SNUR is not based By contrast, ethylene glycol ethers that glymes that are less toxic following on a risk assessment, and it does not are sold or made available to a repeated exposure are triglyme, establish that subsequent regulation of consumer, for the consumer’s own use tetraglyme, polyglyme, ethyldiglyme the ethylene glycol ethers would be in maintaining his or her own motor and butyldiglyme’’ (Ref. 7). EPA necessary in the event EPA receives a vehicle (e.g., as part of an aftermarket disagrees that molecular weight can be significant new use notice after brake fluid) would fall within the appropriately applied, by itself, to promulgating this rule. definition of ‘‘consumer product.’’

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5. Comment. One commenter asks XI. References associated with export notifications are that EPA clarify the status of brake fluid The following is a listing of the already approved by OMB under OMB contained in a new or used motor documents that are specifically control number 2070–0030 (EPA ICR vehicle at point of sale. referenced in this document. The docket No. 0795). If an entity were to submit a Response. EPA would not consider an includes these documents and other SNUN to the Agency, the annual burden ethylene glycol ether to have been ‘‘sold information considered by EPA in is estimated to be less than 100 hours or made available to consumers for their developing this rule, including the per response, and the estimated burden for an export notifications is less than use,’’ merely because it has been made documents referenced within the 1.5 hours per notification. In both cases, available to motor vehicle documents that are in the docket, even burden is estimated to be reduced for manufacturers (as part of a brake fluid if the referenced document is not submitters who have already registered mixture for their use in manufacturing physically located in the docket. For to use the electronic submission system. customers’ motor vehicles) or used car assistance in locating these other documents, please consult the technical Additional burden, estimated to be less dealers. By contrast, ethylene glycol than 10 hours, could be incurred where person listed under FOR FURTHER ethers that are sold or made available to additional record keeping requirements INFORMATION CONTACT. a consumer, for the consumer’s own use are specified under 40 CFR 721.125(a), in maintaining his or her own motor 1. US EPA. Glymes; Proposed Significant (b), and (c). vehicle (e.g., as part of an aftermarket New Use Rule. 76 FR 40850, July 12, 2011. An agency may not conduct or brake fluid) would fall within the 2. US EPA. TSCA New Chemicals Program sponsor, and a person is not required to definition of ‘‘consumer product.’’ (NCP) Chemical Categories. Last revised respond to a collection of information August 2010, pages 68–69. http:// 6. Comment. One commenter www.epa.gov/oppt/newchems/pubs/ that requires OMB approval under the requested that EPA clarify how npcchemicalcategories.pdf. PRA, unless it has been approved by aftermarket components are addressed 3. US EPA. Glycol Ethers Category; Toxic OMB and displays a currently valid in this rulemaking. Chemical Release Reporting; Community OMB control number. The OMB control Right-To-Know. 58 FR 36180, July 6, 1993. numbers for EPA’s regulations in Title Response. An aftermarket component 4. US EPA. Glycol Ethers Category; Toxic 40 of the CFR, after appearing in the is any product offered for sale or Chemical Release Reporting; Community Federal Register, are listed in 40 CFR, installation in or on a motor vehicle Right-To-Know. 59 FR 34386, July 5, 1994. part 9, and included on the related after such vehicle has left the 5. US EPA. Economic Analysis of the Significant New Use Rule for Seven Ethylene collection instrument, or form, if manufacturer’s production line. Use in applicable. EPA is amending the table in an aftermarket component would Glycol Ethers. Prepared by Nishkam Agarwal and Abt Associates Inc. September 30, 2013. 40 CFR part 9 to list this SNUR. This qualify as use in a consumer product if listing of the OMB control numbers and the chemical substances in an 6. US EPA. Response to Comments on the Proposed Ethylene Glycol Ethers (Glymes) their subsequent codification in the CFR aftermarket component are ‘‘sold or Significant New Use Rule (SNUR). October satisfies the display requirements of the made available to consumers for their 30, 2013. PRA and OMB’s implementing use in or around a permanent or 7. Novolyte Technologies. Attachment 1: regulations at 5 CFR part 1320. Since temporary household or residence, in or Categorization of Glymes Based on the existing OMB approval was around a school, or in recreation.’’ 40 Toxicology and Structural Characteristics. previously subject to public notice and October 12, 2011, pages 1–21. CFR 721.3. comment before OMB approval, and 7. Comment. Two commenters request XII. Statutory and Executive Order given the technical nature of the table, that EPA modify the listed ongoing use Reviews EPA finds that further notice and for monoethylene glycol dimethyl ether comment to amend the table is A. Executive Order 12866: Regulatory unnecessary. As a result, EPA finds that (monoglyme) listed in the proposed Planning and Review and Executive rule—‘‘any use in a consumer product there is ‘‘good cause’’ under section Order 13563: Improving Regulation and 553(b)(3)(B) of the Administrative except in electrolyte solution in sealed Regulatory Review lithium batteries’’ to ‘‘any use in a Procedure Act (5 U.S.C. 553(b)(3)(B)) to consumer product except in electrolyte This final rule has been designated by amend this table without further notice solutions for primary and secondary OMB as a ‘‘significant regulatory action’’ and comment. under section 3(f) of Executive Order sealed lithium batteries’’—because this C. Regulatory Flexibility Act (RFA) would clarify that the ongoing use of 12866 (58 FR 51735, October 4, 1993). monoglyme is in all primary and Accordingly, EPA submitted this action Pursuant to section 605(b) of the RFA, secondary batteries. to OMB for review under Executive 5 U.S.C. 601 et seq., I hereby certify that Orders 12866 and 13563 (76 FR 3821, promulgation of this SNUR will not Response. For purposes of defining January 21, 2011) and any changes made have a significant economic impact on the scope of the significant new use, in response to OMB recommendations a substantial number of small entities. EPA has determined that the use of have been documented in the docket for The rationale supporting this ethylene glycol ethers in sealed lithium this action. conclusion is as follows. batteries (whether primary or A SNUR applies to any person secondary) is not use in a consumer B. Paperwork Reduction Act (PRA) (including small or large entities) who product. An ethylene glycol ether is not This action does not impose any new intends to engage in any activity being ‘‘sold or made available to information collection burden under the described in the rule as a ‘‘significant consumers for their use,’’ 40 CFR 721.3, PRA, 44 U.S.C. 3501 et seq. Burden is new use.’’ By definition of the word merely because it is contained in the defined in 5 CFR 1320.3(b). The ‘‘new’’ and based on all information electrolyte of sealed lithium batteries, information collection activities currently available to EPA, it appears which are themselves used by associated with existing chemical that no small or large entities presently consumers. With this clarification, EPA SNURs are already approved by OMB engage in such activities. Since this is finalizing the significant new use for under OMB control number 2070–0038 SNUR will require a person who intends monoethylene glycol dimethyl ether as (EPA ICR No. 1188); and the to engage in such activity in the future ‘‘any use in a consumer product.’’ information collection activities to first notify EPA by submitting a

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SNUN, no economic impact will occur F. Executive Order 13175: Consultation a ‘‘major rule’’ as defined by 5 U.S.C. unless someone files a SNUN to pursue and Coordination With Indian Tribal 804(2). a significant new use in the future or Governments List of Subjects forgoes profits by avoiding or delaying This rule does not have Tribal 40 CFR Part 9 the significant new use. Although some implications because it will not have small entities may decide to engage in any effect (i.e., there will be no increase Environmental protection, Reporting such activities in the future, EPA cannot or decrease in authority or jurisdiction) and recordkeeping requirements. presently determine how many, if any, on Tribal governments, on the 40 CFR Part 721 there may be. However, EPA’s relationship between the Federal experience to date is that, in response to government and the Indian tribes, or on Environmental protection, Chemicals, the promulgation of SNURs covering the distribution of power and Hazardous substances, Reporting and over 1,000 chemical substances, the responsibilities between the Federal recordkeeping requirements. Agency receives only a handful of government and Indian tribes. Thus, Dated: December 10, 2014. notices per year. During the six year Executive Order 13175 (65 FR 67249, Wendy C. Hamnett, period from 2005–2011, only three November 9, 2000) does not apply to submitters self-identified as small in Director, Office of Pollution Prevention and this action. Toxics. their SNUN submission (Ref. 5). EPA believes the cost of submitting a SNUN G. Executive Order 13045: Protection of Therefore, 40 CFR chapter I is is relatively small compared to the cost Children From Environmental Health amended as follows: of developing and marketing a chemical Risks and Safety Risks PART 9—[AMENDED] new to a firm and that the requirement This action is not subject to Executive to submit a SNUN generally does not Order 13045 (62 FR 19885, April 23, ■ 1. The authority citation for part 9 have a significant economic impact. 1997), because this action is not continues to read as follows: intended to address environmental Therefore, EPA believes that the Authority: 7 U.S.C. 135 et seq., 136–136y; potential economic impact of complying health or safety risks for children. 15 U.S.C. 2001, 2003, 2005, 2006, 2601–2671; with this SNUR is not expected to be H. Executive Order 13211: Actions That 21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33 significant or adversely impact a Significantly Affect Energy Supply, U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318, substantial number of small entities. In Distribution, or Use 1321, 1326, 1330, 1342, 1344, 1345 (d) and a SNUR that published as a final rule on (e), 1361; E.O. 11735, 38 FR 21243, 3 CFR, August 8, 1997 (62 FR 42690) (FRL– This rule is not subject to Executive 1971–1975 Comp. p. 973; 42 U.S.C. 241, 5735–4), the Agency presented its Order 13211 (66 FR 28355, May 22, 242b, 243, 246, 300f, 300g, 300g–1, 300g–2, 300g–3, 300g–4, 300g–5, 300g–6, 300j–1, general determination that proposed 2001), because this action is not expected to affect energy supply, 300j–2, 300j–3, 300j–4, 300j–9, 1857 et seq., and final SNURs are not expected to 6901–6992k, 7401–7671q, 7542, 9601–9657, have a significant economic impact on distribution, or use. 11023, 11048. a substantial number of small entities, I. National Technology Transfer ■ 2. In § 9.1, add the following section which was provided to the Chief Advancement Act (NTTAA) in numerical order under the Counsel for Advocacy of the Small undesignated center heading Business Administration. Since this action does not involve any technical standards, NTTAA section ‘‘Significant New Uses of Chemical D. Unfunded Mandates Reform Act 12(d), 15 U.S.C. 272 note, does not Substances’’ to read as follows: (UMRA) apply to this action. § 9.1 OMB approvals under the Paperwork Based on EPA’s experience with J. Executive Order 12898: Federal Reduction Act. proposing and finalizing SNURs, State, Actions To Address Environmental * * * * * local, and Tribal governments have not Justice in Minority Populations and been impacted by these rulemakings, Low-Income Populations OMB control 40 CFR citation No. and EPA does not have any reason to This action does not entail special believe that any State, local, or Tribal considerations of environmental justice government would be impacted by this related issues as delineated by ***** rulemaking. As such, EPA has Executive Order 12898 (59 FR 7629, determined that this regulatory action February 16, 1994), because EPA has Significant New Uses of Chemical Substances would not impose any enforceable duty, determined that this action will not contain any unfunded mandate, or have disproportionately high and otherwise have any effect on small adverse human health or environmental ***** governments subject to the requirements effects on minority or low-income 721.10229 ...... 2070–0038 of sections 202, 203, 204, or 205 of populations. This action does not affect UMRA, 2 U.S.C. 1531–1538. the level of protection provided to ***** E. Executive Order 13132: Federalism human health or the environment. * * * * * XIII. Congressional Review Act (CRA) This action does not have a substantial direct effect on States, on the Pursuant to the CRA, 5 U.S.C. 801 et PART 721—[AMENDED] relationship between the national seq., EPA will submit a report ■ 3. The authority citation for part 721 government and the States, or on the containing this rule and other required continues to read as follows: distribution of power and information to the U.S. Senate, the U.S. responsibilities among the various House of Representatives, and the Authority: 15 U.S.C. 2604, 2607, and levels of government, as specified in Comptroller General of the United 2625(c). Executive Order 13132 (64 FR 43255, States prior to publication of the rule in ■ 4. Add § 721.10229 to subpart E to August 10, 1999). the Federal Register. This action is not read as follows:

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§ 721.10229 Ethylene glycol ethers. (1) The chemical substances identified significant new uses described in Table (a) Chemical substances and in Table 1 of this paragraph are subject 1 of this paragraph. significant new uses subject to reporting. to reporting under this section for the

TABLE 1—ETHYLENE GLYCOL ETHERS AND SIGNIFICANT NEW USES SUBJECT TO REPORTING

Chemical Chemical Abstracts Chemical name Abstracts Service Significant new use(s) index name Registry No. (CASRN)

Monoethylene glycol dimethyl Ethane, 1,2,-dimethoxy- ...... 110–71–4 Any use in a consumer product. ether or monoglyme. Diethylene glycol dimethyl ether Ethane, 1,1′-oxybis[2-methoxy- 111–96–6 Any use in a consumer product. or diglyme. Diethylene glycol diethyl ether Ethane, 1,1′-oxybis[2-ethoxy- .. 112–36–7 Any use in a consumer product except as a component of or ethyldiglyme. inks, coatings and adhesives, and as a component of paint/ graffiti removers. Triethylene glycol dimethyl 2,5,8,11-Tetraoxadodecane ..... 112–49–2 Any use in a consumer product, except as a solvent in con- ether or triglyme. sumer adhesives, in brake fluid, as a component of con- sumer paint/graffiti removers, and in consumer paints. Diethylene glycol dibutyl ether Butane, 1,1′-[oxybis(2,1- 112–73–2 Any use in a consumer product except as a solvent in con- or butyldiglyme. ethanediyloxy)]bis-. sumer inks, coatings and adhesives, and as a component in soldering compounds. Ethylene glycol diethyl ether or Ethane, 1,2-diethoxy ...... 629–14–1 Any use in a consumer product. ethylglyme. Triethylene glycol dibutyl ether 5,8,11,14-Tetraoxaoctadecane 63512–36–7 Any use. or butyltriglyme.

(2) [Reserved] withdrawal in the Federal Register to Electronic files should avoid the use of (b) [Reserved] notify the public that this direct final special characters, any form of rule will not take effect. encryption, and be free of any defects or [FR Doc. 2014–29429 Filed 12–15–14; 8:45 am] ADDRESSES: Submit comments, viruses. BILLING CODE 6560–50–P identified by docket number EPA–R09– Docket: Generally, documents in the OAR–2014–0703, by one of the docket for this action are available electronically at www.regulations.gov ENVIRONMENTAL PROTECTION following methods: and in hard copy at EPA Region IX, 75 AGENCY 1. Federal eRulemaking Portal: www.regulations.gov. Follow the on-line Hawthorne Street, San Francisco, 40 CFR Part 52 instructions. California 94105–3901. While all 2. Email: [email protected]. documents in the docket are listed at [EPA–R09–OAR–2014–0703; FRL–9919–52– 3. Mail or deliver: Andrew Steckel www.regulations.gov, some information Region 9] (Air-4), U.S. Environmental Protection may be publicly available only at the hard copy location (e.g., copyrighted Revisions to the California State Agency Region IX, 75 Hawthorne Street, material, large maps), and some may not Implementation Plan, Feather River Air San Francisco, CA 94105–3901. Instructions: All comments will be be publicly available in either location Quality Management District included in the public docket without (e.g., CBI). To inspect the hard copy AGENCY: Environmental Protection change and may be made available materials, please schedule an Agency (EPA). online at www.regulations.gov, appointment during normal business ACTION: Direct final rule. including any personal information hours with the contact listed in the FOR provided, unless the comment includes FURTHER INFORMATION CONTACT section. SUMMARY: The Environmental Protection Confidential Business Information (CBI) FOR FURTHER INFORMATION CONTACT: Agency (EPA) is taking direct final or other information whose disclosure is Christine Vineyard, EPA Region IX, action to approve revisions to the restricted by statute. Information that (415) 947–4125, vineyard.christine@ Feather River Air Quality Management you consider CBI or otherwise protected epa.gov. District (FRAQMD) portion of the should be clearly identified as such and SUPPLEMENTARY INFORMATION: California State Implementation Plan should not be submitted through Throughout this document, ‘‘we,’’ ‘‘us,’’ (SIP). These revisions concern www.regulations.gov or email. and ‘‘our’’ refer to EPA. emissions of particulate matter (PM), www.regulations.gov is an ‘‘anonymous volatile organic compounds (VOCs) and access’’ system, and EPA will not know Table of Contents oxides of (NOX) from wood your identity or contact information I. The State’s Submittal heating devices and open burning. We unless you provide it in the body of A. What rules did the State submit? are approving local rules that regulate your comment. If you send email B. Are there other versions of these rules? these emission sources under the Clean directly to EPA, your email address will C. What is the purpose of the submitted Air Act (CAA or the Act). be automatically captured and included rules? II. EPA’s Evaluation and Action DATES: This rule is effective on February as part of the public comment. If EPA A. How is EPA evaluating the rules? 17, 2015 without further notice, unless cannot read your comment due to B. Do the rules meet the evaluation EPA receives adverse comments by technical difficulties and cannot contact criteria? January 15, 2015. If we receive such you for clarification, EPA may not be C. EPA Recommendations To Further comments, we will publish a timely able to consider your comment. Improve the Rules

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