[Code of Federal Regulations]
[Title 40, Volume 28]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR721.30]

[Page 154]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 721--SIGNIFICANT NEW USES OF CHEMICAL SUBSTANCES--Table of Contents
 
                      Subpart A--General Provisions
 
Sec. 721.30  EPA approval of alternative control measures.

    (a) In certain sections of subpart E of this part, significant new 
uses for the identified substances are described as the failure to 
establish and implement programs providing for the use of either: 
specific measures to control worker exposure to or release of substances 
which are identified in such sections, or alternative measures to 
control worker exposure or environmental release which EPA has 
determined provide substantially the same degree of protection as the 
specified control measures. Persons who manufacture, import, or process 
a chemical substance identified in such sections and who intend to 
employ alternative measures to control worker exposure or environmental 
release must submit a request to EPA for a determination of equivalency 
before commencing manufacture, import, or processing involving the 
alternative control measures.
    (b) A request for a determination of equivalency must be submitted 
in writing to the Document Control Office (7407), Office of Pollution 
Prevention and Toxics, U.S. Environmental Protection Agency, Room G-099, 
1200 Pennsylvania Ave., NW., Washington, DC 20460; ATTN: SNUR 
Equivalency Determination, and must contain:
    (1) The name of the submitter.
    (2) The specific chemical identity of the substance.
    (3) The citation for the specific section in subpart E of this part 
which pertains to the substance for which the request is being 
submitted.
    (4) A detailed description of the activities involved.
    (5) The specifications of the alternative worker exposure control 
measures or environmental release control measures.
    (6) An analysis justifying why such alternative control measures 
provide substantially the same degree of protection as the specific 
control measures identified in the specific section in subpart E of this 
part which pertains to the substance for which the request is being 
submitted.
    (7) The data and information described in Sec. 720.50 (a) and (b) of 
this chapter unless such data and information have already been 
submitted to the Office of Pollution Prevention and Toxics, EPA.
    (c) Requests for determinations of equivalency will be reviewed by 
EPA within 45 days. Determinations under this paragraph will be made by 
the Director, Office of Pollution Prevention and Toxics, or designee. 
Notice of the results of such determinations will be mailed to the 
submitter.
    (d) If EPA notifies the submitter under paragraph (c) of this 
section that EPA has determined that the alternative control measures 
provide substantially the same degree of protection as the specified 
control measures identified in the specified section of subpart E of 
this part which pertains to the substance for which the request is being 
submitted, the submitter may commence manufacture, import, or processing 
in accordance with the specifications for alternative worker exposure 
control measures or environmental release control measures identified in 
the submitter's request, and may alter any corresponding notification to 
workers to reflect such alternative controls. Deviations from the 
activities described in the EPA notification constitute a significant 
new use and are subject to the requirements of this part.

[53 FR 28360, July 27, 1988, as amended at 60 FR 34464, July 3, 1995]