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(a) Chemical substance and significant new uses subject to reporting. (1) The chemical substance identified as benzene, 1-(chloromethyl)-3-methyl- (PMN P-18-134; CAS No. 620-19-9) 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 (iii), (a)(3) through (5), (a)(6)(v) and (vi), (b), and (c). 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. 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 1,000. For purposes of §721.63(a)(6), the airborne form(s) of the substance include particulate and combination gas/vapor and particulate. For purposes of §721.63(b), the concentration is set at 0.1%.
(ii) Hazard communication. Requirements as specified in §721.72(a) through (f), (g)(1), (g)(2)(i) through (v), (g)(3)(i) and (ii), (g)(4)(iii), and (g)(5). For purposes of §721.72(e), the concentration is set at 0.1%. For purposes of §721.72(g)(1), this substance may cause: Respiratory irritation; severe skin burns and eye damage; sensitization (respiratory and dermal); serious eye irritation; respiratory complications; central nervous system effects; reproductive effects; cancer; developmental effects. 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(k). It is a significant new use to vary the process or use methods described in the PMN such that occupational exposure is increased.
(iv) Release to water. Requirements as specified in §721.90(a)(1), (b)(1), and (c)(1).
(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 (i) and (k) are applicable to manufacturers and processors of this substance.
(2) Limitation 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.
[86 FR 46144, Aug. 18, 2021]