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

(1) The chemical substances 1H-benzotriazole, 5-(pentyloxy)- (PMN P-92-34, CAS no. 133145-29-6), 1H-benzotriazole, 5-(pentyloxy)-, sodium salt (PMN P-92-35), and 1H-benzotriazole, 5-(pentyloxy)- , potassium salt (PMN P-92-36) are subject to reporting for the significant new uses described in paragraph (a)(2) of this section.

(2) The significant new uses are:

(i) Hazard communication program. A significant new use of these substances is any manner or method of manufacture, import, or processing associated with any use of these substances without providing risk notification as follows:

(A) If as a result of the test data required under the section 5(e) consent order for these substances, the employer becomes aware that these substances may present a risk of injury to the environment, the employer must incorporate this new information, and any information on methods for protecting against such risk, into a MSDS as described in §721.72(c) within 90 days from the time the employer becomes aware of the new information. If these substances are not being manufactured, imported, processed, or used in the employer's workplace, the employer must add the new information to an MSDS before the substances are reintroduced into the workplace.

(B) The employer must ensure that persons who will receive, or who have received these substances from the employer within 5 years from the date the employer becomes aware of the new information described in paragraph (a)(2)(i)(A) of this section, are provided an MSDS as described in §721.72(c) containing the information required under paragraph (a)(2)(i)(A) of this section within 90 days from the time the employer becomes aware of the new information.

(ii) Industrial, commercial consumer activities. Requirements as specified in §721.80(p) (limit set at 9,500 kg).

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

(1) Recordkeeping. Recordkeeping requirements as specified in §721.125 (a) through (i) are applicable to manufacturers, importers, and processors of this substance. The following recordkeeping requirements are applicable to manufacturers, importers, and processors of these substances, as specified in §721.125 (a), (c), and (i).

(2) Limitations or revocation of certain notification requirements. The provisions of §721.185 apply to this section.

[58 FR 32237, June 8, 1993]