[Federal Register Volume 71, Number 242 (Monday, December 18, 2006)]
[Proposed Rules]
[Pages 75703-75704]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-21495]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 721
[EPA-HQ-OPPT-2006-0795; FRL-8102-3]
RIN 2070-AJ31
2,3,5,6-Tetrachloro-2,5-Cyclohexadiene-1,4-Dione; Proposed
Significant New Use of a Chemical Substance; Reopening of Comment
Period
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule; reopening of comment period.
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SUMMARY: EPA is reopening the public comment period for a proposed
significant new use rule (SNUR) published in the Federal Register of
May 12, 1993 (58 FR 27980) for the chemical chloranil (2,3,5,6-
tetrachloro-2,5-cyclohexadiene-1,4-dione). EPA is planning to complete
this rulemaking by issuing a final rule. Given the long period of time
which has passed since EPA issued the proposed rule, EPA is reopening
the comment period. This will provide an opportunity for commenters to
update their comments and for additional commenters to contribute to
the docket before EPA develops a final rule.
DATES: Comments must be received on or before January 17, 2007.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPPT-2006-0795, by one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
Mail: Document Control Office (7407M), Office of Pollution
Prevention and Toxics (OPPT), Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460-0001.
Hand Delivery: OPPT Document Control Office (DCO), EPA
East Bldg., Rm. 6428, 1201 Constitution Ave., NW., Washington, DC.
Attention: Docket ID number EPA-HQ-OPPT-2006-0795. The DCO is open from
8 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The
telephone number for the DCO is (202) 564-8930. Such deliveries are
only accepted during the DCO's normal hours of operation, and special
arrangements should be made for deliveries of boxed information.
Instructions: Direct your comments to docket ID number EPA-HQ-OPPT-
2006-0795. EPA's policy is that all comments received will be included
in the public docket without change and may be made available on-line
at http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The regulations.gov website is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through regulations.gov,
your e-mail address will be automatically captured and included as part
of the comment that is placed in the public docket and made available
on the Internet. If you submit an electronic comment, EPA recommends
that you include your name and other contact information in the body of
your comment and with any disk or CD ROM you submit. If EPA cannot read
your comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment.
[[Page 75704]]
Electronic files should avoid the use of special characters, any form
of encryption, and be free of any defects or viruses.
Docket: All documents in the docket are listed in the
regulations.gov index. Although listed in the index, some information
is not publicly available, e.g., CBI or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available electronically at
http://www.regulations.gov, or, if only available in hard copy, at the
OPPT Docket, EPA Docket Center (EPA/DC). The EPA/DC suffered structural
damage due to flooding in June 2006. Although the EPA/DC is continuing
operations, there will be temporary changes to the EPA/DC during the
clean-up. The EPA/DC Public Reading Room, which was temporarily closed
due to flooding, has been relocated in the EPA Headquarters Library,
Infoterra Room (Room Number 3334) in the EPA West Bldg., located at
1301 Constitution Ave., NW., Washington, DC. The EPA/DC Public Reading
Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday,
excluding legal holidays. The telephone number of the EPA/DC Public
Reading Room is (202) 566-1744, and the telephone number for the OPPT
Docket is (202) 566-0280. EPA visitors are required to show
photographic identification and sign the EPA visitor log. Visitors to
the EPA/DC Public Reading Room will be provided with an EPA/DC badge
that must be visible at all times while in the EPA Building and
returned to the guard upon departure. In addition, security personnel
will escort visitors to and from the new EPA/DC Public Reading Room
location. Up-to-date information about the EPA/DC is on the EPA website
at http://www.epa.gov/epahome/dockets.htm.
FOR FURTHER INFORMATION CONTACT: For general information contact: Colby
Lintner, Regulatory Coordinator, Environmental Assistance Division
(7408M), Office of Pollution Prevention and Toxics, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (202) 554-1404; e-mail address: [email protected].
For technical information contact: Dwain Winters, National Program
Chemicals Division (7404T), Office of Pollution Prevention and Toxics,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (202) 566-1977; e-mail
address: [email protected].
SUPPLEMENTARY INFORMATION:
I. General Information
A. What Action is the Agency Taking?
With this document, EPA is reopening the comment period for a
proposed SNUR that would require persons to notify EPA at least 90 days
before commencing the manufacture, import, or processing, for any use,
of chloranil containing certain chlorinated dibenzo-p-dioxins (CDDs)
and chlorinated dibenzofurans (CDFs) in total combined amounts greater
than 20 parts per billion (ppb). The chloranil CDD/CDF concentration
would be calculated based on their toxicity equivalence (TEQ) to
2,3,7,8-tetrachlorodibenzo-p dioxin (2,3,7,8-TCDD). EPA originally
published the proposed chloranil SNUR in the Federal Register of May
12, 1993 (58 FR 27980).
The 90-day notice required by the SNUR would provide EPA with the
opportunity to evaluate the intended new use and associated activities,
and an opportunity to protect against unreasonable risks, if any, from
CDD/ CDF exposure that could result from use of chloranil with higher
CDD/CDF levels. Certain recordkeeping and certification requirements
would also apply to manufacturers, importers, and processors of all
chloranil, no matter what the level of CDD/CDF contamination. EPA
indicated that it would not promulgate a final rule until after
receiving data required under the dioxin furan test rule (40 CFR part
766). Reporting under the dioxin furan test rule has been completed and
no chloranil dioxin levels reported were below 20 ppb TEQ.
B. What is the Agency's Authority for Taking this Action?
Section 5(a)(2) of Toxic Substances Control Act (TSCA) (15 U.S.C.
2604(a)(2)) authorizes EPA to determine that a use of a chemical
substance is a ``significant new use.'' EPA must make this
determination by rule after considering all relevant factors, including
those listed in TSCA section 5(a)(2). Once EPA determines that a use of
a chemical substance is a significant new use, TSCA section 5(a)(1)(B)
requires persons to submit a Significant New Use Notice (SNUN) to EPA
at least 90 days before they manufacture, import, or process the
chemical substance for that use (15 U.S.C. 2604(a)(1)(B)). The
mechanism for reporting under this requirement is established under 40
CFR part 721, subpart A.
List of Subjects in 40 CFR Part 721
Environmental protection, Chemicals, Hazardous substances,
Reporting and recordkeeping requirements.
Dated: December 12, 2006.
Wendy Cleland Hamnett,
Acting Director, Office of Pollution Prevention and Toxics.
[FR Doc. E6-21495 Filed 12-15-06; 8:45 am]
BILLING CODE 6560-50-S