[Federal Register: April 21, 2008 (Volume 73, Number 77)]
[Rules and Regulations]
[Page 21249-21251]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21ap08-16]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 721
[EPA-HQ-OPPT-2006-0213; FRL-8358-4]
RIN 2070-AB27
Revocation of Significant New Use Rules on Certain Chemical
Substances
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: Pursuant to 40 CFR 721.185, EPA is revoking significant new
use rules (SNURs) promulgated under section 5(a)(2) of the Toxic
Substances
[[Page 21250]]
Control Act (TSCA) for four chemical substances. Pursuant to 40 CFR
721.160, the SNUR for the chemical substance covered by premanufacture
notice (PMN) P-98-475 designated certain activities as significant new
uses based on concerns identified in a corresponding TSCA section 5(e)
consent order for that chemical substance. Based on the concern
criteria in 40 CFR 721.170(b), for the chemical substances covered by
PMNs P-98-1043, P-99-467, and P-01-71, EPA issued non-5(e) SNURs (i.e.,
SNURS on substances that are not subject to TSCA section 5(e) consent
orders) designating certain activities as significant new uses.
Subsequently, EPA received and reviewed new information and test data
for each of the chemical substances. Based on the new data, the Agency
no longer finds that activities prohibited by the TSCA section 5(e)
consent order for P-98-475, nor activities not described in PMNs P-98-
1043, P-99-0467, and P-01-71 constitute significant new uses.
DATES: This final rule is effective June 20, 2008.
ADDRESSES: EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPPT-2006-0213. All documents in the
docket are listed in the docket index available in regulations.gov. To
access the electronic docket, go to http://www.regulations.gov, select
``Advanced Search,'' then ``Docket Search.'' Insert the docket ID
number where indicated and select the ``Submit'' button. Follow the
instructions on the regulations.gov website to view the docket index or
access available documents. Although listed in the index, some
information is not publicly available, e.g., Confidential Business
Information (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: 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: TSCA-
Hotline@epa.gov.
For technical information contact: Abeer Hashem, Chemical Control
Division (7405M), Office of Pollution Prevention and Toxics,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (202) 564-1117; e-mail
address: hashem.abeer@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Does this Action Apply to Me?
You may be potentially affected by this action if you manufacture,
process, or use the chemical substances contained in this revocation.
Potentially affected entities may include, but are not limited to:
Chemical manufacturers (NAICS code 325), e.g., persons
manufacturing, importing, processing, or using chemicals for commercial
purposes.
Petroleum and coal product industries (NAICS code 324),
e.g., persons manufacturing, importing, processing, or using chemicals
for commercial purposes.
This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. To determine
whether you or your business may be affected by this action, you should
carefully examine the applicability provisions in 40 CFR 721.5. If you
have any questions regarding the applicability of this action to a
particular entity, consult the technical person listed under FOR
FURTHER INFORMATION CONTACT.
II. Background
A. What Action is the Agency Taking?
The Agency proposed revocation of these SNURs in the Federal
Register of October 6, 2006 (71 FR 59066) (FRL-7770-9). The background
and reasons for the revocation of each individual SNUR are set forth in
the preamble to the proposed revocation. The comment period closed on
November 6, 2006. EPA received no comments regarding the proposed
revocation of the SNURs. Therefore, EPA is revoking these SNURs.
B. What is the Agency's Authority for Taking this Action?
Section 5(a)(2) of 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 section 5(a)(2) of TSCA.
Once a significant new use rule (SNUR) becomes final, section
5(a)(1)(B) of TSCA requires persons to submit a significant new use
notice (SNUN) to EPA at least 90 days before they manufacture, import,
or process the substance for that use. The general SNUR provisions are
found at 40 CFR part 721, subpart A.
During review of PMN P-98-475, EPA concluded that regulation was
warranted and issued a TSCA section 5(e) consent order for the chemical
substance. Subsequently, EPA promulgated a corresponding SNUR under 40
CFR 721.160. Upon review of PMNs P-98-1043, P-99-467, and P-01-71,
based on the concern criteria in 40 CFR 721.170 (b)(3)(ii) and
(b)(4)(ii), EPA determined that there was a concern about the
substances' health or environmental effects and promulgated non-5(e)
SNURs for these chemical substances.
Under 40 CFR 721.185, EPA may at any time revoke a SNUR for a
chemical substance which has been added to subpart E of 40 CFR part
721, if EPA makes one of the determinations set forth in 721.185 (a)(1)
through (a)(6). As detailed for each of the four chemical substances in
the proposed rule of October 6, 2006 (71 FR 59066), based on new
information and test data, EPA has determined that criteria set forth
in 721.185 (a)(4) and (a)(5) have been satisfied. Therefore, EPA has
revoked the section 5(e) consent order for P-98-475 and is hereby
revoking the SNUR provisions for all four of these chemical substances.
When this revocation becomes effective, EPA will no longer require
notice of intent to manufacture, import, or process these substances
for any significant new uses. In addition, export notification
requirements under section 12(b) of TSCA triggered by these SNURs will
no longer be required.
[[Page 21251]]
III. Statutory and Executive Order Reviews
This rule revokes or eliminates an existing regulatory requirement
and does not contain any new or amended requirements. As such, the
Agency has determined that this SNUR revocation will not have any
adverse impacts, economic or otherwise.
The Office of Management and Budget (OMB) has exempted these types
of regulatory actions from review under Executive Order 12866, entitled
Regulatory Planning and Review (58 FR 51735, October 4, 1993). This
rule does not contain any information collections subject to approval
under the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et seq. Since
this rule eliminates a reporting requirement, the Agency certifies
pursuant to section 605(b) of the Regulatory Flexibility Act (RFA) (5
U.S.C. 601 et seq.), that this SNUR revocation will not have a
significant economic impact on a substantial number of small entities.
For the same reasons, this action does not require any action under
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) (Pub. L.
104-4). This rule has neither Federalism implications, because it will
not have substantial direct effects on States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132, entitled Federalism (64 FR
43255, August 10, 1999), nor tribal implications, because it will not
have substantial direct effects on one or more Indian Tribes, on the
relationship between the Federal Government and Indian tribes, or on
the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified in Executive Order 13175,
entitled Consultation and Coordination with Indian Tribal Governments
(59 FR 22951, November 6, 2000).
This action is not subject to Executive Order 13045, entitled
Protection of Children from Environmental Health Risks and Safety Risks
(62 FR 19885, April 23, 1997), because this is not an economically
significant regulatory action as defined under Executive Order 12866,
and it does not address environmental health or safety risks
disproportionately affecting children. It is not subject to Executive
Order 13211, entitled Actions Concerning Regulations That Significantly
Affect Energy Supply, Distribution, or Use (66 FR 28355, May 22, 2001),
because this action is not expected to affect energy supply,
distribution, or use. Because this action does not involve any
technical standards, section 12(d) of the National Technology Transfer
and Advancement Act of 1995 (NTTAA), Public Law 104-113, section 12(d)
(15 U.S.C. 272 note), does not apply to this action. This action does
not involve special considerations of environmental justice related
issues as required by Executive Order 12898, entitled Federal Actions
to Address Environmental Justice in Minority Populations and Low Income
Populations (59 FR 7629, February 16, 1994).
IV. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report to each House of the Congress and
the Comptroller General of the United States. EPA will submit a report
containing this rule and other required information to the U.S. Senate,
the U.S. House of Representatives, and the Comptroller General of the
United States prior to publication of the rule in the Federal Register.
This rule is not a ``major rule'' as defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 721
Environmental protection, Chemicals, Hazardous substances,
Reporting and recordkeeping requirements.
Dated: April 11, 2008.
Charles M. Auer,
Director, Office of Pollution Prevention and Toxics.
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Therefore, 40 CFR part 721 is amended as follows:
PART 721--[AMENDED]
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1. The authority citation for part 721 continues to read as follows:
Authority: 15 U.S.C. 2604, 2607, and 2625(c).
Sec. Sec. 721.3850, 721.5718, 721.9785, and 721.9810 [Removed]
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2. Remove Sec. Sec. 721.3850, 721.5718, 721.9785, and 721.9810.
[FR Doc. E8-8559 Filed 4-18-08; 8:45 am]
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