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e-CFR data is current as of November 25, 2020

Title 40Chapter ISubchapter RPart 721Subpart E → §721.11027


Title 40: Protection of Environment
PART 721—SIGNIFICANT NEW USES OF CHEMICAL SUBSTANCES
Subpart E—Significant New Uses for Specific Chemical Substances


§721.11027   Aluminum cobalt lithium nickel oxide.

(a) Chemical substance and significant new uses subject to reporting. (1) The chemical substance identified as aluminum cobalt lithium nickel oxide (PMN P-15-450, CAS No. 177997-13-6) 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) Protection in the workplace. Requirements as specified in §721.63(a)(1), (3), and (4), when determining which persons are reasonably likely to be exposed as required for §721.63(a)(1) and (4), 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, (a)(5) (respirators must provide a National Institute for Occupational Safety and Health (NIOSH) assigned protection factor (APF) of at least 1,000), (a)(6) (particulate), (a)(6)(v) and (vi), (b) (concentration set at 0.1%), and (c). It is a significant new use to manufacture or process the substance without the chemical transfer processes and air ventilation processes described in the PMN and the exposure monitoring requirements described in the corresponding TSCA section 5(e) Order.

(A) As an alternative to the respirator requirements in paragraph (a)(2)(i) of this section, a manufacturer or processor may choose to follow the new chemical exposure limit (NCEL) provision listed in the TSCA section 5(e) Order for this substance. The NCEL is 0.000092 mg/m3 as an 8-hour time weighted average. Persons who wish to pursue NCELs as an alternative to §721.63 respirator requirements may request to do so under §721.30. Persons whose §721.30 requests to use the NCELs approach are approved by EPA will be required to follow NCELs provisions comparable to those contained in the corresponding TSCA section 5(e) Order.

(B) [Reserved]

(ii) Hazard communication. Requirements as specified in §721.72(a) through (e) (concentration set 0.1%), (f), (g)(1)(ii), (this substance may cause damage to the lung, kidney, and spleen), (g)(1)(vii), (g)(2)(i), (ii), and (iii), (when using this substance wear protective gloves/protective clothing/eye protection/face protection), the following human health precautionary statement must appear on the SDS as specified in §721.72(c): (When using this substance use respiratory protection or maintain workplace airborne concentrations at or below an 8-hour time-weighted average of 0.000092 mg/m3), (g)(2)(v), and (g)(5). Alternative hazard and warning statements that meet the criteria of the Globally Harmonized System (GHS) and OSHA Hazard Communication Standard may be used.

(iii) Industrial, commercial, and consumer activities. Requirements as specified in §721.80. It is a significant new use to manufacture the substance for a period longer than 24 months.

(iv) Disposal. Requirements as specified in §721.85(a)(2), (b)(2), and (c)(2). It is a significant new use to release this chemical substance to air unless using the chemical transfer and air ventilation processes described in P-15-0450 including filtering through a high-efficiency particulate air filter with an efficiency rate of 99.99% before release to air.

(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 §721.125(a) through (j) are applicable to manufacturers and processors of this substance.

(2) Limitations or revocation of certain notification requirements. The provisions of §721.185 apply to this section.

(3) Determining whether a specific use is subject to this section. The provisions of §721.1725(b)(1) apply to paragraph (a)(2)(iii) of this section.

[84 FR 43290, Aug. 20, 2019]

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