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

Title 40Chapter ISubchapter RPart 721Subpart E → §721.3560

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

§721.3560   Derivative of tetrachloroethylene.

(a) Chemical substance and significant new uses subject to reporting. (1) The following chemical substance referred to by its premanufacture notice number and generic chemical name is subject to reporting under this section for the significant new uses described in paragraph (a)(2) of this section: Derivative of tetrachloroethylene, P-82-684.

(2) The significant new uses are: (i) Manufacture or processing without requiring use of the following by persons employed by or under the control of the manufacturer or processor who are involved in, and in the immediate area of, any operation where dermal contact and/or inhalation of the substance may occur:

(A) A respirator, approved by the National Institute for Occupational Safety (NIOSH) to provide protection against dusts having an air contamination level not less than 0.05 mg per cubic meter of air and fitted according to procedures established by the Occupational Safety and Health Administration and Mine Safety and Health Administration regulations and set forth at 29 CFR 1910.134, and 30 CFR part 11, respectively, and

(B) Gloves which are determined to be impervious to the substance under the conditions of potential exposure (gloves must be determined to be impervious to the substance either by testing the gloves under the conditions of exposure, including the duration of exposure, or by evaluating the data and specifications supplied by the glove manufacturer or others, in the context of the conditions of exposure including the duration of exposure, associated chemical substances, chemical and mechanical stresses, and potential durations of exposures.

(ii) Manufacture or processing without requiring that any container of the substance or of a formulation containing the substance be:

(A) Packaged to prevent any leakage of the substance to the environment.

(B) Labeled on the package that the substance should be handled only while using NIOSH approved respirators and impervious gloves.

(b) Specific requirements. The provisions of subpart A of this part apply to this section except as modified by this paragraph.

(1) Recordkeeping. In addition to the requirements of §721.17, manufacturers and processors of the substance identified in paragraph (a)(1) of this section must maintain the following records for five years from the date of their creation:

(i) The names of persons required to wear protective equipment in accordance with paragraph (a)(2) of this section.

(ii) The names and addresses of any person to whom the substance is sold or transferred and the dates of such sale or transfer.

(iii) Records of respirator fit tests for each person required to wear a respirator in accordance with paragraph (a)(2) of this section.

(iv) The method for determining that the gloves described in paragraph (a)(2) of this section are impervious to the substance, the date(s) of such determination, and the results of that determination.

(2) [Reserved]

(Secs. 5, 8, Pub. L. 94-469, 90 Stat. 2012 (15 U.S.C. 2604, 2607))

[49 FR 42932, Oct. 25, 1984. Redesignated at 53 FR 2845, Feb. 2, 1988. Further redesignated at 58 FR 29947, May 24, 1993]

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