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(a) Chemical substance and significant new uses subject to reporting. (1) The chemical substance identified as 5H–1,2-Oxathiole, 2,2-dioxide (PMN P–21–196; CAS RN 21806–61–1) is subject to reporting under this section for the significant new uses described in paragraph (a)(2) of this section. The requirements of this section do not apply to quantities of the substance after they have been incorporated into an article.
(2) The significant new uses are:
(i) Protection in the workplace. Requirements as specified in §721.63(a)(3), (5), (6)(v) and (vi), (7) and (8), (b), and (c). For purposes of §721.63(a)(5), respirators must provide a National Institute for Occupational Safety and Health (NIOSH) assigned protection factor (APF) of at least 1000. For purposes of §721.63(b), the concentration is set at 0.1%.
(ii) Hazard communication. Requirements as specified in §721.72(a) through (d), (f), and (g)(1), (3)(iii) and (5). For purposes of §721.72(g)(1), this substance may cause: carcinogenicity, reproductive toxicity, skin sensitization; respiratory sensitization; genetic toxicity; specific target organ toxicity. Alternative hazard and warning statements that meet the criteria of the Globally Harmonized System and OSHA Hazard Communication Standard may be used.
(iii) Industrial, commercial, and consumer activities. Requirements as specified in §721.80(f). It is a significant new use to process or use the substance other than an enclosed system unless the worker personal protective equipment described in paragraph (a)(2)(i) is used.
(iv) Disposal. Requirements as specified in §721.85(b)(1) and (2), and (c)(1) and (2). It is a significant new use to dispose of the substance by incineration unless the removal efficiency is at least 99.9%.
(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, importers, and processors of this substance.
(2) Limitation or revocation of certain notification requirements. The provisions of §721.185 apply to this section.
[88 FR 87351, Dec. 18, 2023]