[Federal Register Volume 73, Number 213 (Monday, November 3, 2008)]
[Notices]
[Pages 65486-65488]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-26148]
[[Page 65485]]
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Part III
Environmental Protection Agency
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Sixty-Third Report of the TSCA Interagency Testing Committee to the
Administrator of the Environmental Protection Agency; Receipt of Report
and Request for Comments; Notice
Federal Register / Vol. 73, No. 213 / Monday, November 3, 2008 /
Notices
[[Page 65486]]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPPT-2008-0703; FRL-8387-6]
Sixty-Third Report of the TSCA Interagency Testing Committee to
the Administrator of the Environmental Protection Agency; Receipt of
Report and Request for Comments
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: The Toxic Substances Control Act (TSCA) Interagency Testing
Committee (ITC) transmitted its 63\rd\ Report to the Administrator of
the EPA on October 7, 2008. In the 63\rd\ ITC report, which is included
with this notice, the ITC is revising the TSCA section 4(e) Priority
Testing List by removing 1 tungsten compound and 1 High Production
Volume (HPV) Challenge Program orphan chemical.
DATES: Comments must be received on or before December 3, 2008.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPPT-2008-0703, 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-2008-0703. 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-
2008-0703. EPA's policy is that all comments received will be included
in the 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 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. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses. For additional
information about EPA's public docket, visit the EPA Docket Center
homepage at http://www.epa.gov/epahome/dockets.htm.
Docket: All documents in the docket are listed in the docket index
available at http://www.regulations.gov. 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. The OPPT Docket is located in the EPA
Docket Center (EPA/DC) at Rm. 3334, EPA West Bldg., 1301 Constitution
Ave., NW., Washington, DC. The EPA/DC Public Reading Room hours of
operation are 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding
Federal 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. Docket visitors are required to show photographic
identification, pass through a metal detector, and sign the EPA visitor
log. All visitor bags are processed through an X-ray machine and
subject to search. Visitors will be provided an EPA/DC badge that must
be visible at all times in the building and returned upon departure.
FOR FURTHER 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].
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this Action Apply to Me?
This notice is directed to the public in general. It may, however,
be of particular interest to you if you manufacture (defined by statute
to include import) and/or process TSCA-covered chemicals and you may be
identified by the North American Industrial Classification System
(NAICS) codes 325 and 32411. Because this notice is directed to the
general public and other entities may also be interested, the Agency
has not attempted to describe all the specific entities that may be
interested in this action. If you have any questions regarding the
applicability of this action to a particular entity, consult the person
listed under FOR FURTHER INFORMATION CONTACT.
B. What Should I Consider as I Prepare My Comments for EPA?
1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM
that you mail to EPA, mark the outside of the disk or CD-DOM as CBI and
then identify electronically within the disk or CD-ROM the specific
information that is claimed as CBI. In addition to one complete version
of the comment that includes information claimed as CBI, a copy of the
comment that does not contain the information claimed as CBI must be
submitted for inclusion in the public docket. Information so marked
will not be disclosed except in accordance with procedures set forth in
40 CFR part 2.
2. Tips for preparing your comments. When submitting comments,
remember to:
i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
iv. Describe any assumptions and provide any technical information
and/or data that you used.
v. If you estimate potential costs or burdens, explain how you
arrived at
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your estimate in sufficient detail to allow for it to be reproduced.
vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
viii. Make sure to submit your comments by the comment period
deadline identified.
II. Background
The Toxic Substances Control Act (TSCA) (15 U.S.C. 260l et seq.)
authorizes the Administrator of the EPA to promulgate regulations under
TSCA section 4(a) requiring testing of chemicals and chemical groups in
order to develop data relevant to determining the risks that such
chemicals and chemical groups may present to health or the environment.
Section 4(e) of TSCA established the ITC to recommend chemicals and
chemical groups to the Administrator of EPA for priority testing
consideration. Section 4(e) of TSCA directs the ITC to revise the TSCA
section 4(e) Priority Testing List at least every 6 months.
You may access additional information about the ITC at http://www.epa.gov/opptintr/itc.
A. The 63\rd\ ITC Report
The ITC is revising the TSCA section 4(e) Priority Testing List by
removing 1 tungsten compound and 1 HPV Challenge Program orphan
chemical.
B. Status of the Priority Testing List
The Priority Testing List includes 2 alkylphenols, 12 lead
compounds, 16 chemicals with insufficient dermal absorption rate data,
and 207 HPV Challenge Program orphan chemicals.
List of Subjects
Environmental protection, Chemicals, Hazardous substances.
Dated: October 28, 2008.
Charles M. Auer,
Director, Office of Pollution Prevention and Toxics.
Sixty-Third Report of the TSCA Interagency Testing Committee to the
Administrator of the Environmental Protection Agency
Table of Contents
Summary
I. Background
II. TSCA Section 8 Reporting
A. TSCA Section 8 Reporting Rules
B. ITC's Use of TSCA Section 8 and Other Information
III. ITC's Activities During this Reporting Period (June to October
2008)
IV. Revisions to the TSCA Section 4(e) Priority Testing List:
Chemicals Removed From the Priority Testing List
A. Tungsten Compounds
B. HPV Challenge Program Orphan Chemicals
V. References
VI. The TSCA Interagency Testing Committee
Summary
The ITC is revising the Toxic Substances Control Act (TSCA)
section 4(e) Priority Testing List by removing 1 tungsten compound
and 1 High Production Volume (HPV) Challenge Program orphan
chemical.
The TSCA section 4(e) Priority Testing List is Table 1 of this
unit.
Table 1--TSCA Section 4(e) Priority Testing List (October 2008)
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ITC Report Date Chemical Name/Group Action
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31 January 1993 2 Chemicals with Designated
insufficient dermal
absorption rate data
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32 May 1993 10 Chemicals with Designated
insufficient dermal
absorption rate data
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35 November 1994 4 Chemicals with Designated
insufficient dermal
absorption rate data
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37 November 1995 Branched 4-nonylphenol Recommended
(mixed isomers)
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41 November 1997 Phenol, 4-(1,1,3,3- Recommended
tetramethylbutyl)-
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55 December 2004 203 HPV Challenge Recommended
Program orphan
chemicals
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56 August 2005 4 HPV Challenge Program Recommended
orphan chemicals
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60 May 2007 12 Lead and lead Recommended
compounds
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I. Background
The ITC was established by section 4(e) of TSCA ``to make
recommendations to the Administrator respecting the chemical
substances and mixtures to which the Administrator should give
priority consideration for the promulgation of rules for testing
under section 4(a).... At least every six months ..., the Committee
shall make such revisions to the Priority Testing List as it
determines to be necessary and transmit them to the Administrator
together with the Committee's reasons for the revisions'' (Public
Law 94-469, 90 Stat. 2003 et seq., 15 U.S.C. 2601 et seq.). ITC
reports are available from the ITC's website (http://www.epa.gov/opptintr/itc) within a few days of submission to the EPA
Administrator and from the EPA's website (http://www.epa.gov/fedrgstr) after publication in the Federal Register. The ITC
produces its revisions to the Priority Testing List with
administrative and technical support from the ITC staff, ITC
members, and their U.S. Government organizations, and contract
support provided by EPA. ITC members and staff are listed at the end
of this report.
II. TSCA Section 8 Reporting
A. TSCA Section 8 Reporting Rules
Following receipt of the ITC's report (and the revised Priority
Testing List) by the EPA Administrator, EPA's Office of Pollution
Prevention and Toxics (OPPT) may add the chemicals from the revised
Priority Testing List to the TSCA section 8(a) Preliminary
Assessment Information Reporting (PAIR) or TSCA section 8(d) Health
and Safety Data Reporting (HaSDR) rules. The PAIR rule requires
manufacturers (including importers) of chemicals added to the
Priority Testing List to submit to EPA certain production and
exposure information (http://www.epa.gov/oppt/chemtest/pubs/pairform.pdf). As provided for in the PAIR rule, whenever EPA
announces the receipt of an ITC report, EPA amends, unless otherwise
instructed by the ITC, the PAIR rule by adding the recommended (or
designated) chemicals that have been added to the Priority Testing
List by the ITC.
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The HaSDR rule requires certain past, current, and proposed
manufacturers, importers, and (if specified by EPA) processors of
listed chemicals to submit to EPA copies and lists of unpublished
health and safety studies on the listed chemicals that they
manufacture, import, or (if specified by EPA) process. As provided
for in the HaSDR rule, whenever EPA announces the receipt of an ITC
report, EPA amends, unless otherwise instructed by the ITC, the
HaSDR rule by adding the recommended (or designated) chemicals that
have been added to the Priority Testing List by the ITC.
B. ITC's Use of TSCA Section 8 and Other Information
The ITC's use of TSCA section 8 and other information is
described in the 52\nd\ ITC Report (http://www.epa.gov/opptintr/itc).
III. ITC's Activities During this Reporting Period (June to October
2008)
During this reporting period, the ITC discussed tungsten
compounds and HPV Challenge Program orphan chemicals.
IV. Revisions to the TSCA Section 4(e) Priority Testing List: Chemicals
Removed From the Priority Testing List
A. Tungsten Compounds
Of the 22 tungsten compounds added to the Priority Testing List
in the 53\rd\ ITC Report (Ref. 1) and the 56\th\ ITC Report (Ref.
2), 12 were removed in the 58\th\ ITC Report (Ref. 3), 5 were
removed in the 59\th\ ITC Report (Ref. 4), and 4 were removed in the
62\nd\ ITC Report (Ref. 5). At this time the ITC is removing
tungstate (WO4\2\-), disodium, dihydrate, (T-
4)-, a.k.a. disodium tungstate (Na2WO4)
dihydrate (CAS No. 10213-10-2) from the Priority Testing List
because of the voluntary information provided by the International
Tungsten Industry Association and their cooperation in a National
Toxicology Program/National Institute for Occupational Safety and
Health research program to address exposure and toxicity data needs.
B. HPV Challenge Program Orphan Chemicals
270 HPV Challenge Program orphan chemicals were added to the
Priority Testing List in the 55\th\ ITC Report (Ref. 6) and 5 were
added to the Priority Testing List in the 56\th\ ITC Report (Ref.
2).
30 HPV Challenge Program orphan chemicals were removed from the
Priority Testing List in the 56\th\ ITC Report (Ref. 2). The HPV
Challenge Program orphan chemicals that were removed in the 56\th\
ITC Report included ethanol, 2-methoxy- (CAS No. 109-86-4) and
tetradecane (CAS No. 629-59-4) that were on the Priority Testing
List when the 55\th\ ITC Report was sent to the EPA Administrator on
December 8, 2004, but removed from Priority Testing List before the
55\th\ ITC Report was published in the Federal Register because
sponsorship of these 2 substances was transferred to the
International Council of Chemical Associations HPV Initiative. The
HPV Challenge Program orphan chemicals that were removed in the
56\th\ ITC Report also included 11 chemicals that were sponsored
before the 55\th\ ITC Report was sent to the EPA Administrator on
December 8, 2004 (see Table 6 in the 56\th\ ITC Report) and 17
chemicals that no longer meet the HPV criterion (see Table 7 in the
56\th\ ITC Report).
8 HPV Challenge Program orphan chemicals were removed from the
Priority Testing List in the 58\th\ ITC Report (Ref. 3) (see Table 2
in the 58\th\ ITC Report). These 8 chemicals included 4 that were on
the Priority Testing List when the 55\th\ ITC Report was sent to the
EPA Administrator on December 8, 2004, but removed from Priority
Testing List before the 55\th\ ITC Report was published in the
Federal Register. These 4 chemicals were retained on the December 8,
2004 Priority Testing List because sponsorship commitments were
received by EPA after December 8, 2004. These 4 chemicals are
phosphoric acid, tris(2-ethylhexyl) ester (CAS No. 78-42-2);
phosphoric acid, 2-ethylhexyl ester (CAS No. 12645-31-7); 1-
propanamine, 3-(tridecyloxy)-, branched (CAS No. 68511-40-0); and
hydrocarbons, C8-11 (CAS No. 68553-14-0).
35 HPV Challenge Program orphan chemicals were removed from the
Priority Testing List in the 61\st\ ITC Report (Ref. 7) (see Table 4
in the 61\st\ ITC Report). These 35 chemicals included 1,3-
propanediol, 2-amino-2-(hydroxymethyl)- (CAS No. 77-86-1) that was
added to the Priority Testing List in the 56\th\ ITC Report (Ref.
2).
In this 63\rd\ ITC Report, disulfides, C5-
12-alkyl (CAS No. 68513-62-2) are being removed from the
Priority Testing List because they no longer meet the HPV criterion.
Disulfides, C5-12-alkyl were added to the
Priority Testing List in the 55\th\ ITC Report (Ref. 6).
V. References
1. ITC. Fifty-Third Report of the ITC. Federal Register (69 FR
2468, January 15, 2004) (FRL-7335-2). Available online at: http://www.epa.gov/fedrgstr.
2. ITC. Fifty-Sixth Report of the ITC. Federal Register (70 FR
61520, October 24, 2005) (FRL-7739-9). Available online at: http://www.epa.gov/fedrgstr.
3. ITC. Fifty-Eighth Report of the ITC. Federal Register (71 FR
39188, July 11, 2006) (FRL-8073-7). Available online at: http://www.epa.gov/fedrgstr.
4. ITC. Fifty-Ninth Report of the ITC. Federal Register (72 FR
2756, January 22, 2007) (FRL-8110-2). Available online at: http://www.epa.gov/fedrgstr.
5. ITC. Sixty-Second Report of the ITC. Federal Register (73 FR
27450, May 12, 2008) (FRL-8363-2). Available online at: http://www.epa.gov/fedrgstr.
6. ITC. Fifty-Fifth Report of the ITC. Federal Register (70 FR
7364, February 11, 2005) (FRL-7692-1). Available online at: http://www.epa.gov/fedrgstr.
7. ITC. Sixty-First Report of the ITC. Federal Register (73 FR
5080, January 28, 2008) (FRL-8347-1). Available online at: http://www.epa.gov/fedrgstr.
VI. The TSCA Interagency Testing Committee
Statutory Organizations and Their Representatives
Council on Environmental Quality
Vacant
Department of Commerce
National Institute of Standards and Technology
Dianne Poster, Member, Chair
National Oceanographic and Atmospheric Administration
Tony Pait, Member, Vice-Chair
Environmental Protection Agency
John Schaeffer, Member
Gerry Brown, Alternate
National Cancer Institute
Vacant
National Institute of Environmental Health Sciences
Scott Masten, Alternate
National Institute for Occupational Safety and Health
Dennis W. Lynch, Member
Mark Toraason, Alternate
National Science Foundation
Margaret Cavanaugh, Alternate
Occupational Safety and Health Administration
Thomas Nerad, Member
Maureen Ruskin, Alternate
Liaison Organizations and Their Representatives
Agency for Toxic Substances and Disease Registry
Daphne Moffett, Member
Glenn D. Todd, Alternate
Consumer Product Safety Commission
Jacqueline Ferrante, Member
Department of Agriculture
Clifford P. Rice, Member
Laura L. McConnell, Alternate
Department of Defense
Laurie Roszell, Member
Department of the Interior
Barnett A. Rattner, Member
Food and Drug Administration
Kirk Arvidson, Member
Ronald F. Chanderbhan, Alternate
Technical Support Contractor
Syracuse Research Corporation
ITC Staff
John D. Walker, Director
Carol Savage, Administrative Assistant
TSCA Interagency Testing Committee (7401M), Office of Pollution
Prevention and Toxics, Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460-0001; e-mail address:
[email protected]; url: http://www.epa.gov/opptintr/itc.
[FR Doc. E8-26148 Filed 10-31-08; 8:45 am]
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