(a) Chemical substance and significant new uses subject to reporting.

(1) The chemical substance identified as silica gel, reaction products with chromium oxide (CrO3) and ethoxydiethyl aluminum is (PMN P-16-590, CAS No. 932384-12-8) 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) and (a)(3) through (5)(respirators must provide a National Institute for Occupational Safety and Health assigned protection factor of 10 to 1,000 depending on the results of the exposure monitoring as described in the Order for P16-590 and required by this section (a)(2)(i), (a)(6)(particulate (including solids or liquid droplets)), (a)(6)(vapor), (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 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), (b) (concentration set at 0.1%), and (c). It is a significant new use to not conduct the exposure monitoring required in the Order for P-16-590 when workers are reasonably likely to be exposed by inhalation.

(ii) Industrial, commercial, and consumer activities. Requirements as specified in §721.80. It is a significant new use to manufacture, process, or use the chemical substance other than in a system where the chemical substance is handled in an inert atmosphere and is not designed to be exposed to air.

(iii) Disposal. It is a significant new use to dispose of all waste streams containing the PMN substance and the constituent breakdown products of the PMN substance other than in a Resource Conservation and Recovery Act (RCRA) hazardous waste landfill.

(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 (e), (i), and (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.

[84 FR 55063, Oct. 15, 2019]