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

(1) The chemical substance identified as phenol, 4-(1,1-dimethylethyl)-, homopolymer (PMN P-95-243; CAS No. 30813-81-1) is subject to reporting under this section for the significant new uses described in paragraph (a)(3) of this section.

(2) High moleculation weight exemption. A batch of the chemical substance may be exempt from the provisions of this rule if the average number molecular weight of the substance is greater than 1,000 and the low molecular weight species below 1,000 and 500 are less than 25 percent and 10 percent, respectively. To be eligible for this exemption, the batch must be individually measured.

(3) The significant new uses are:

(i) Hazard communication program. Requirements as specified in §721.72 (a), (b), (d), (f), (g)(3)(i), (g)(4)(i), and (g)(5). The label and material safety data sheet (MSDS) as required by this paragraph shall also include the following statement: This substance is toxic to aquatic invertebrate.

(ii) Industrial, commercial, and consumer activites. Requirements as specified in §721.80(q).

(iii) Release to water. Requirements as specified in §721.90 (a)(4) and (b)(4) (N = 9). When calculating the surface water concentrations according to the instructions in §721.91, the statement that the amount of the substance that will be released will be calculated before the substance enters control technology does not apply. Instead, if the waste stream containing the substance will be treated using primary and secondary wastewater treatment with control of suspended solids, before release, then the amount of the substance reasonably likely to be removed from the waste stream by such treatment may be subtracted in calculating the number of kilograms released. No more than 95 percent removal efficiency may be attributed to such treatment. These requirements do not apply to the sites specifically exempted in the TSCA section 5(e) consent order for this substance.

(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), (b), (c), (f), (g), (h), (i), and (k) are applicable to manufacturers, importers, and processors of this substance.

(2) Limitations 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 this section.

[63 FR 3420, Jan. 22, 1998]