PART 747—METALWORKING FLUIDS Authority: 15 U.S.C. 2604 and 2605. Subpart A [Reserved] Subpart B—Specific Use Requirements for Certain Chemical Substances § 747.115 Mixed mono and diamides of an organic acid. This section identifies activities with respect to a chemical substance which are prohibited and requires that warnings and instructions accompany the substance when distributed in commerce. (a) Chemical substance subject to this section. (b) Definitions. (1) The terms Act, article, chemical substance, commerce, importer, impurity, Inventory, manufacturer, person, process, processor, small quantities solely for research and development (2) Metalworking fluid (3) Nitrosating agent (4) Process or distribute in commerce solely for export (i) Processing must be performed at sites under the control of the processor. (ii) Distribution in commerce is limited to purposes of export. (iii) The processor or distributor may not use the substance except in small quantities solely for research and development. (c) Use limitations. (2) Any person using as a metalworking fluid a product containing P-84-529 is prohibited from adding any nitrosating agent to the product. (d) Warnings and instructions. (i) A letter that includes the following statements: A substance, identified generically as mixed mono and diamides of an organic acid, contained in the product ( insert distributor's other identifier for product containing P-84-529 Federal Register (ii) A copy of this § 747.115. (2)(i) Any person who distributes in commerce a metalworking fluid containing P-84-529 must affix a label to each container containing the fluid. (ii) The label shall contain a warning statement which shall consist only of the following language: WARNING! Do Not Add Nitrites to This Metalworking Fluid under Penalty of Federal Law. Addition of nitrites leads to formation of a substance known to cause cancer. This product is designed to be used without nitrites. (iii) The first work of the warning statement shall be capitalized, and the type size for the first word shall be no smaller than six point type for a label five square inches or less in area, ten point type for a label above five but below ten square inches in area, twelve point type for a label above ten but below fifteen square inches in area, fourteen point type for a label above fifteen but below thirty square inches in area, or eighteen point type for a label over thirty square inches in area. The type size of the remainder of the warning statement shall be no smaller than six point type. All required label text shall be of sufficient prominence, and shall be placed with such conspicuousness relative to other label text and graphic material, to insure that the warning statement is read and understood by the ordinary individual under customary conditions of purchase and use. (e) Liability and determining whether a chemical substance is subject to this section. (2) Except for manufacturers and importers of P-84-529, no processor, distributor, or user of P-84-529 will be in violation of this section unless that person has received a letter specified in paragraph (d)(1) of this section or a container with the label specified in paragraph (d)(2) of this section. (f) Exemptions. (1) The person manufactures, imports, processes, distributes in commerce, or uses the substance only in small quantities solely for research and development and in accordance with section 5(h)(3) of the Act. (2) The person manufactures, imports, processes, distributes in commerce, or uses the substance only as an impurity. (3) The person imports, processes, distributes in commerce, or uses the substance only as part of an article. (4) The person processes or distributes the substance in commerce solely for export and, when distributing in commerce, lables the substance in accordance with section 12(a)(1)(B) of the Act. (g) Enforcement. (2) Failure or refusal to permit access to or copying of records, as required under section 11 of the Act, is a violation of section 15 of the Act [15 U.S.C. 2614]. (3) Failure or refusal to permit entry or inspection, as required under section 11 of the Act, is a violation of section 15 of the Act [15 U.S.C. 2614]. (4) Violators may be subject to the civil and criminal penalties in section 16 of the Act [15 U.S.C. 2615] for each violation. (5) EPA may seek to enjoin the processing, distribution in commerce, or use of a chemical substance in violation of this section; act to seize any chemical substance processed, distributed in commerce, or used in violation of this section; or take other actions under the authority of sections 7 and 17 of the Act [15 U.S.C. 2605 and 2616]. [49 FR 36855, Sept. 20, 1984] § 747.195 Triethanolamine salt of a substituted organic acid. This section identifies activities with respect to a chemical substance which are prohibited and requires that warnings and instructions accompany the substance when distributed in commerce. (a) Chemical substance subject to this section. (b) Definitions. (1) The terms Act, article, chemical substance, commerce, importer, impurity, Inventory, manufacturer, person, process, processor, small quantities solely for research and development, (2) Metalworking fluid (3) Nitrosating agent (4) Process or distribute in commerce solely for export (i) Processing must be performed at sites under the control of the processor. (ii) Distribution in commerce is limited to purposes of export. (iii) The processor or distributor may not use the substance except in small quantities solely for research and development. (c) Use limitations. (2) A person using as a metalworking fluid a product containing P-84-310 is prohibited from adding any nitrosating agent to the product. (d) Warnings and instructions. (i) A letter that includes the following statements: A substance, identified generically as a triethanolamine salt of a substituted organic acid, contained in the product ( insert distributor's trade name or other identifier for product containing P-84-310 Federal Register (ii) A copy of this § 747.195. (2)(i) Any person who distributes in commerce a metalworking fluid containing P-84-310 must affix a label to each container containing the fluid. (ii) The label shall contain a warning statement which shall consist only of the following language: WARNING! Do Not Add Nitrites to This Metalworking Fluid under Penalty of Federal Law. Addition of nitrites leads to formation of a substance known to cause cancer. This product is designed to be used without nitrites. (iii) The first word of the warning statement shall be capitalized, and the type size for the first word shall be no smaller than six point type for a label five square inches or less in area, ten point type for a label above five but below ten square inches in area, twelve point type for a label above ten but below fifteen square inches in area, fourteen point type for a label above fifteen but below thirty square inches in area, or eighteen point type for a label over thirty square inches in area. The type size of the remainder of the warning statement shall be no smaller than six point type. All required label text shall be of sufficient prominence, and shall be placed with such conspicuousness relative to other label text and graphic material, to insure that the warning statement is read and understood by the ordinary individual under customary conditions of purchase and use. (e) Liability and determining whether a chemical substance is subject to this section. (2) Except for manufacturers and importers of P-84-310, no processor, distributor, or user of P-84-310 will be in violation of this section unless that person has received a letter specified in paragraph (d)(1) of this section or a container with the label specified in paragraph (d)(2) of this section. (f) Exemptions. (1) The person manufactures, imports, processes, distributes in commerce, or uses the substance only in small quantities solely for research and development and in accordance with section 5(h)(3) of the Act. (2) The person manufactures, imports, processes, distributes in commerce, or uses the substance only as an impurity. (3) The person imports, processes, distributes in commerce, or uses the substance only as part of an article. (4) The person processes or distributes the substance in commerce solely for export, and when distributing in commerce, labels the substance in accordance with section 12(a)(1)(B) of the Act. (g) Enforcement. (2) Failure or refusal to permit access to or copying of records, as required under section 11 of the Act, is a violation of section 15 of the Act (15 U.S.C. 2614). (3) Failure or refusal to permit entry or inspection, as required under section 11 of the Act, is a violation of section 15 of the Act (15 U.S.C. 2614). [49 FR 24668, June 14, 1984] § 747.200 Triethanolamine salt of tricarboxylic acid. This section identifies activities with respect to two chemical substances which are prohibited and requires that warnings and instructions accompany the substances when distributed in commerce. (a) Chemical substances subject to this section. P-83-1005, triethanolamine salt of tricarboxylic acid; and P-83-1062, tricarboxylic acid. (b) Definitions. (1) The terms Act, article, byproducts, chemical substance, commerce, imported, impurity, Inventory, manufacture or import for commercial purposes, manufacture solely for export, manufacturer, new chemical substance, person, process, processor, small quantities solely for research and development (2) Metalworking fluid (3) Nitrosating agent (c) Use limitations. (2) Any person using as metalworking fluid a product containing P-83-1005 is prohibited from adding any nitrosating agent to the product. (d) Warnings and instructions. (i) A letter that includes the following statements: A substance, identified generically as triethanolamine salt, of tricarboxylic acid, contained in the product ( insert distributor's trade name or other identifier for product containing P-83-1005 Federal Register (ii) A copy of this rule. (2) Any person who distributes in commerce a metalworking fluid containing P-83-1005 must affix to each container containing the fluid a label that includes, in letters no smaller than ten point type, the following statement: WARNING! Do Not Add Nitrites to This Metalworking Fluid under Penalty of Federal Law. Addition of nitrite leads to formation of a substance known to cause cancer. This product is designed to be used without nitrites. (3) Any person who distributes in commerce P-83-1062 in any form in which it could be combined with water and triethanolamine to produce P-83-1005 must send to each recipient of P-83-1062, and confirm receipt prior to the first shipment to that person: (i) A letter that includes the following statements: A substance, identified generically as tricarboxylic acid, contained in the product ( insert distributor's trade name or other identifier for product containing P-83-1062 Federal Register (ii) A copy of this rule. (e) Liability and determining whether a chemical substance is subject to this section. (2) Except for manufacturers and importers of P-83-1005 and P-83-1062, no processor, distributor, or user of P-83-1005 or P-83-1062 will be in violation of this section unless that person has received a letter specified in paragraph (d)(1) or (3) of this section or a container with the label specified in paragraph (d)(2) of this section. (f) Exemptions and exclusions. (1) The substance is manufactured, imported, processed, distributed in commerce, and used only in small quantities solely for research and development, and if the substance is manufactured, imported, processed, distributed in commerce, and used in accordance with section 5(h)(3) of the Act. (2) The substance is manufactured, imported, processed, distributed in commerce, or used only as an impurity. (3) The substance is imported, processed, distributed in commerce, or used only as part of an article. (4) The substance is manufactured solely for export. (g) Enforcement. (2) Failure or refusal to permit access to or copying of records, as required under section 11 of the Act, is a violation of a section 15 of the Act (15 U.S.C. 2614). (3) Failure or refusal to permit entry or inspection, as required under section 11 of the Act, is a violation of section 15 of the Act (15 U.S.C. 2614). (4) Violators may be subject to the civil and criminal penalties in section 16 of the Act (15 U.S.C 2615) for each violation. (5) EPA may seek to enjoin the processing, distribution in commerce, or use of a chemical substance in violation of this section, act to seize any chemical substance, processed, distributed in commerce, or used in violation of this section or take other actions under the authority of section 7 or 17 of the Act (15 U.S.C. 2605 or 2616). [49 FR 2772, Jan. 23, 1984]