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e-CFR data is current as of November 24, 2020

Title 40Chapter ISubchapter RPart 721Subpart E → §721.11207

Title 40: Protection of Environment
Subpart E—Significant New Uses for Specific Chemical Substances

§721.11207   Aluminum boron cobalt lithium nickel oxide.

(a) Chemical substance and significant new uses subject to reporting. (1) The chemical substance identified as aluminum boron cobalt lithium nickel oxide (PMN P-17-337, CAS No. 207803-51-8) 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), (a)(2)(i) and (ii), (a)(3)(i) and (ii), (a)(4) and (5), (b) (concentration set at 0.1%), and (c). When determining which persons are reasonable likely to be exposed as required for §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 exposures, where feasible. For purposes of §721.63(a)(5), respirators must provide a National Institute for Occupational Safety and Health assigned protection factor of at least 1,000.

(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 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 at 0.1%), (f), (g)(1)(i) and (vii) (damage to the lung, kidney, and spleen), (g)(2)(i), (iii), and (iv), and (g)(5). Alternative hazard and warning statements that meet the criteria of the Globally Harmonized System and OSHA Hazard Communication Standard may be used. For purposes of §721.63(g), use respiratory protection or maintain workplace airborne concentrations at or below an 8-hour time-weighted average of 0.000092 mg/m3, and avoid breathing substance in the dust form.

(iii) Industrial, commercial, and consumer activities. It is a significant new use to manufacture the substance beyond two years. It is a significant new use to manufacture or process the substance at any facility unless all process air streams containing the substances pass through control technology such as a high-efficiency particulate air filter with a rated removal efficiency of at least 99.99%.

(iv) Disposal. Requirements as specified in §721.85(a)(2), (b)(2), and (c)(2). It is a significant new use to dispose of the substance by metal reclamation unless the person reclaiming metal containing the substance complies with this section. It is a significant new use to release the substance to air unless the chemical transfer and air ventilation processes specified in the TSCA section 5(e) Order are followed.

(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)(iv) of this section.

[85 FR 1109, Jan. 9, 2020]

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