95-14910. Chemical Substances; Deletion of Certain Chemical Regulations; Technical Amendments to the Code of Federal Regulations  

  • [Federal Register Volume 60, Number 117 (Monday, June 19, 1995)]
    [Rules and Regulations]
    [Pages 31917-31924]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 95-14910]
    
    
    
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    ENVIRONMENTAL PROTECTION AGENCY
    40 CFR Parts 61, 704, 710, 712, 762, 763, 766, 790, 795, 796, 797, 
    798, and 799]
    
    [OPPTS-00168; FRL-4955-2]
    
    
    Chemical Substances; Deletion of Certain Chemical Regulations; 
    Technical Amendments to the Code of Federal Regulations
    
    AGENCY: Environmental Protection Agency (EPA).
    
    ACTION: Final rule.
    
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    SUMMARY: The Environmental Protection Agency (EPA) is removing several 
    provisions from the Code of Federal Regulations (CFR) that pertain to 
    the Toxic Substances Control Act. These provisions are being removed 
    from the CFR because they have no current legal effect. The removal of 
    these provisions from the CFR and the technical changes that are being 
    made are necessary to clarify the current status of the provisions for 
    both the regulated [[Page 31918]] community and the public. EPA is also 
    removing the text of two reporting forms, without making any 
    substantive changes in the reporting requirements.
    EFFECTIVE DATE: This final rule takes effect on June 19, 1995.
    
    FOR FURTHER INFORMATION CONTACT: Susan B. Hazen, Director, 
    Environmental Assistance Division (7408), Office of Pollution 
    Prevention and Toxics, Environmental Protection Agency, 401 M St., SW., 
    Washington, DC 20460, Telephone: (202) 554-1404, TDD: (202) 554-0551, 
    e-mail address: TSCA-Hotline@epamail.epa.gov.
    
    SUPPLEMENTARY INFORMATION:
    
    I. Introduction
    
        On March 4, 1995, the President directed all Federal agencies and 
    departments to conduct a comprehensive review of the regulations they 
    administer and, by June 1, 1995, to identify those rules that are 
    obsolete, not in effect, unduly burdensome, or amenable to streamlining 
    and simplification. The Office of Prevention, Pesticides and Toxic 
    Substances has completed its initial page-by-page review of the CFR 
    provisions within its purview--those issued under the Toxic Substances 
    Control Act (TSCA), the Federal Insecticide, Fungicide, and Rodenticide 
    Act (FIFRA), and certain sections of the Emergency Planning and 
    Community Right-to-Know Act (EPCRA) and the Federal Food, Drug and 
    Cosmetic Act (FFDCA). Based on this initial review, EPA will be 
    amending or eliminating several provisions in the CFR. This notice, 
    which is one of several notices that are being issued at the same time, 
    specifically involves the provisions associated with TSCA. Other 
    notices, appearing elsewhere in this Federal Register, involve 
    provisions associated with FFDCA and FIFRA.
        The provisions that EPA is eliminating with this notice are not 
    currently in effect because they have (1) expired by their own terms or 
    by the terms of the statute, (2) become obsolete due to subsequent 
    rulemakings, legislation, or policy decisions, or (3) because they have 
    been otherwise identified as being unnecessary. Those provisions that 
    are being amended with this notice reflect minor technical changes that 
    are necessary as a result of the elimination of the provisions, are 
    otherwise nonsubstantive corrections that are necessary, or involve the 
    removal of the text of reporting forms without substantive changes to 
    the reporting requirements.
        The removal of these provisions from the CFR is not intended to 
    affect the status of any civil or criminal actions that were initiated 
    prior to June 19, 1995 or which may be initiated in the future to 
    redress violations of the rules that occurred when the rules were still 
    legally in effect.
    
    II. Good Cause Exemption from Rulemaking Procedures
    
        The Administrative Procedure Act (APA) generally requires agencies 
    to provide prior notice and opportunity for public comment before 
    issuing a final rule. 5 U.S.C. 553(b). Similarly, the APA generally 
    requires at least 30 days after publication before a rule can become 
    effective. 5 U.S.C. 553(d). Rules are exempt from this requirement if 
    the issuing agency finds for good cause that notice and comment or 
    delayed effectiveness are unnecessary. 5 U.S.C. 553(b)(3)(B) and 
    (d)(3).
        EPA has determined that providing prior notice and opportunity for 
    comment on these changes to the CFR is unnecessary. For the reasons 
    discussed in Units I and III of this preamble, a number of the rules 
    are no longer legally in effect; thus, withdrawing them from the CFR 
    has no legal impact and merely codifies the current legal status of the 
    rules. The associated technical amendments are merely to correct cross-
    references to the rules that are being removed and related 
    reorganizations resulting from the removal of these regulations. In 
    addition, other technical changes include the removal of the text of 
    reporting forms, without making any substantive changes to the 
    reporting requirements. For the same reasons, EPA believes there is 
    good cause for making these changes to the CFR immediately effective. 
    See 5 U.S.C. 553(d).
    
    III. Regulations Being Eliminated
    
    A. Part 704, Subparts C and D - Reporting and Recordkeeping 
    Requirement; Comprehensive Assessment Information Rule (CAIR)
    
        Part 704 specifies the reporting and recordkeeping procedures under 
    section 8(a) of TSCA for manufacturers, importers, and processors of 
    chemical substances and mixtures that are identified in subpart B or D 
    of part 704. The reporting and recordkeeping provisions in subpart A of 
    part 704apply throughout this part unless revised in any other subpart. 
    Subpart C of part 704 sets out the general reporting provisions for the 
    Comprehensive Assessment Information Rule (CAIR). CAIR was intended to 
    standardize certain section 8(a) rules by: providing a set of uniform 
    questions for EPA and other agencies to use in assembling specific 
    reporting requirements; requiring the submission of information on a 
    standard reporting form; and establishing uniform reporting and 
    recordkeeping provisions that supplement the reporting and 
    recordkeeping provisions in subpart A of part 704. CAIR provisions 
    apply only to those persons who manufacture, import, or process a 
    substance identified in subpart D of part 704 during the time period 
    for which reporting is required. Subpart D of part 704 contains a 
    matrix that identifies the substances for which EPA requires reporting 
    under subpart C, the persons who must report the information to EPA, 
    the information that must be reported, the coverage period (as that 
    term is defined in Sec. 704.203), and the effective date of the final 
    rule.
        After the first use of the CAIR in 1989, a lawsuit resulted in a 
    stay of the effectiveness of this regulation until EPA promulgates 
    amendments. Although amendments to this regulation were proposed in 
    1993, the amendments have not been finalized and EPA does not 
    anticipate taking action for some time as it reassesses its TSCA 
    information needs. Given the current inactive status of this 
    regulation, EPA has decided to remove subparts C and D of part 704 from 
    the CFR. The requirements of subpart C and D are not in effect and 
    their presence in the CFR is confusing to the public and the regulated 
    community. At the time EPA decides to promulgate amendments to CAIR, 
    EPA will repromulgate subparts C and D, as appropriate.
    
    B. Part 710 - Inventory Reporting Regulations; Compilation of the 
    Inventory
    
        This part establishes regulations governing reporting by certain 
    persons who manufacture, import, or process chemical substances subject 
    to TSCA for commercial purposes. Subpart A of this regulation was 
    issued pursuant to TSCA Section 8(b), which requires EPA to compile an 
    inventory of chemical substances manufactured or processed for a 
    commercial purpose. Following an initial reporting period, EPA was 
    required to publish an initial inventory of chemical substances 
    manufactured or imported for commercial purposes, with revised 
    inventories published after supplemental reporting periods.
        Subpart A mandated the reporting which was used to create the 
    initial inventory. By the terms of the regulation itself, the initial 
    reporting period closed in 1979, meriting the deletion of subpart A 
    from the CFR. Nevertheless, some provisions of subpart A are referenced 
    in the Inventory Update Rule of subpart B, and are extensively used in 
    other TSCA regulatory contexts. For this [[Page 31919]] reason, only 
    the provisions associated with the initial reporting period in subpart 
    A are being removed. In addition, the headings for both subparts A and 
    B are being removed so that part 710 no longer has any subpart 
    designations. Cooresponding references are also being corrected where 
    necessary.
    
    C. Part 712, Subpart B - Chemical Information Rules; Manufacturers 
    Reporting - Preliminary Assessment Information
    
         This part establishes procedures for chemical manufacturers and 
    processors to report production, use, and exposure-related information 
    on listed chemical substances. Subpart A establishes requirements that 
    apply to all reporting under this part. Subpart B covers manufacturers' 
    and processors' reporting. Section 712.28 requires manufacturers and 
    importers subject to this subpart to submit a single EPA Form No. 7710-
    35, ``Manufacturer's Report-Preliminary Assessment Information,'' for 
    each plant site manufacturing or importing a chemical substance listed 
    in Sec. 712.30. The instructions and a facsimile of the form appear in 
    Sec. 712.28(d).
        EPA is removing the instructions and facsimile of EPA Form No. 
    7710-35, entitled Manufacturer's Report-Preliminary Assessment 
    Information from Sec. 712.28(d). In addition, EPA is removing 
    Sec. 712.30(d)-(v) and each chemical listed in Sec. 712.30(w) and (x) 
    with a reporting date pre-1990. To accommodate these changes, EPA is 
    also deleting the reference to subpart C which appears in the title for 
    Sec. 712.7; deleting the reference to subpart C in Sec. 712.1(a) and 
    Sec. 712.7; is amending Sec. 712.28(d) to delete and substitute 
    language similar to Sec. 704.216 with new mail code; and is 
    redesignating Sec. 712.30(w) and (x) as paragraphs (d) and (e), 
    respectively.
    
    D. Part 762 - Fully Halogenated Chlorofluoroalkanes
    
         This part prohibits the manufacture, processing, and distribution 
    in commerce of fully halogenated chlorofluoroalkanes for those aerosol 
    propellant uses which are subject to TSCA, requires submission of 
    annual reports, and lists the exemptions to the prohibitions. This 
    prohibition has become obsolete because it has been superseded by a 
    subsequent ban of CFC propellants under the Clean Air Act section 610 
    and implementing regulations at 40 CFR 82.64(c) and 82.66(d).
    
    E. Part 763, Subpart D - Asbestos; Reporting Commercial and Industrial 
    Uses of Asbestos
    
         This rule required reporting by persons who manufacture, import, 
    or process asbestos. Different reporting requirements were imposed 
    depending on the person's activity. Manufacturers, importers and 
    processors of commercial and industrial asbestos fiber were required to 
    report quantity, use, and exposure information. Importers of mixtures 
    and articles containing asbestos and processors of asbestos mixtures 
    were required to report to EPA in two phases. They initially had to 
    report limited information about processing or importation, and some 
    were required to subsequently report additional information if they 
    were selected as respondents in a sample survey.
        This regulation includes a sunset provision at Sec. 763.78, which 
    specifies that all the requirements of this rule terminate 5 years 
    after promulgation. Accordingly, this regulation sunsetted in 1987 and 
    is now obsolete.
    
    F. Part 763, Subpart E - Asbestos; Asbestos-Containing Materials in 
    Schools (AHERA Rule)
    
        At one of the OPPTS ``Regulatory Review Stakeholders' Meeting'' in 
    April 1995, a commenter indicated that the OPPTS preliminary report 
    missed two sections of the AHERA rule that have been superseded. 
    Specifically, the commenter pointed out that 40 CFR 763.90(i)(4) gives 
    the requirement for completion of a response action by TEM sampling. 
    However, the rule allowed for a gradual phasing in of TEM and a phasing 
    out of PCM in Sec. 763.90(i)(6) and (7). As the commenter correctly 
    noted, Sec. 763.90(i)(6) and (7) have now expired, and are superseded 
    by Sec. 763.90(i)(4).
        EPA is therefore removing Sec. 763.90(i)(6) and (7), removing the 
    citations to these sections which appear in Sec. 763.90(i)(3), (4) and 
    (8), and will redesignate Sec. 763.90(i)(8) as Sec. 763.90(i)(6).
    
    G. Part 763, Subpart F - Asbestos; Friable Asbestos-Containing 
    Materials in Schools
    
         This rule requires local education agencies to identify friable 
    asbestos-containing material in public and private schools by visually 
    inspecting school buildings for friable materials, sampling such 
    materials, and having samples analyzed by appropriate techniques 
    referred to in the rule. In addition, the rule requires local education 
    agencies to post a notice of the results of inspections and analyses. 
    The rule requires local education agencies to provide warnings on the 
    health effects of asbestos and instructions on methods to avoid or 
    reduce exposure to school employees of any school with friable 
    asbestos-containing material and to notify parent-teachers associations 
    of the results of inspections. The rule also includes recordkeeping 
    requirements.
        This regulation was superseded by the 1987 Asbestos in School Rule 
    at 40 CFR part 763, subpart E, which implemented the Asbestos Hazard 
    Emergency Response Act (AHERA), and is therefore no longer in effect. 
    However, appendix A to subpart F, which provides EPA's regulatory 
    method for analysis of building materials samples for the presence of 
    asbestos, is cited by the AHERA rule as well as the Asbestos National 
    Emission Standards Hazardous Air Pollutants (NESHAP) rule in 40 CFR 
    part 61, subpart M.As such, although the subpart is no longer in effect 
    and may be eliminated, appendix A is still in use and must be retained. 
    To retain appendix A, EPA is moving appendix A of subpart F to subpart 
    E (the AHERA Rule), as a new appendix E. Corresponding changes are also 
    being made for the citations to appendix A in both the AHERA and NESHAP 
    rules.
    
    H. Part 766 - Dibenzo-para-dioxins/ Dibenzofurans
    
         This part identifies requirements for testing under TSCA section 4 
    to ascertain whether certain specified chemical substances may be 
    contaminated with halogenated dibenzodioxins (HDDs)/dibenzofurans 
    (HDFs) as defined in Sec. 766.3, and requirements for reporting results 
    under TSCA section 8. This regulation is still in effect, and EPA 
    continues to receive a few reports each year. EPA is deleting the 
    Dioxin/Furan Reporting form (EPA 7710-51) from 40 CFR 766.35(d). The 
    form is easily available from EPA.
    
    I. Parts 795 through 798 - TSCA Testing Guidelines
    
        TSCA Section 4(b)(1) specifies that test rules shall include 
    standards for the development of test data. Certain test guidelines, 
    which become test standards when promulgated in individual section 4 
    test rules, are currently published in parts 795-798 of the CFR. 
    Codification of these test guidelines alone does not impose any 
    regulatory obligation. This final rule deletes from the CFR those test 
    guidelines that are not currently cited as test standards in any test 
    rules. [[Page 31920]] 
    
    J. Part 799 - Chemical Specific Test Rules
    
        Part 799 identifies the chemical substances, mixtures, and 
    categories of substances and mixtures for which data are to be 
    developed, specifies the persons required to test, specifies the test 
    substances in each case, prescribes the tests that are to be conducted, 
    including test standards, and provides deadlines for the submission of 
    reports and data to EPA. For several of the substances subject to 
    testing under part 799, EPA has determined that the testing 
    reimbursement period (as defined under 40 CFR 790.3 and 791.3) has 
    terminated (sunset). This final rule removes from the CFR test rules 
    and testing consent order listings under part 799 on substances for 
    which the testing reimbursement periods have sunset.
        For a given test rule, the reimbursement period is defined in TSCA 
    section 4 and the associated regulations as the later of (1) the date 5 
    years after the date the data are submitted in accordance with the rule 
    and (2) the period that begins on the date the data are submitted and 
    equal to the time period that EPA determines was necessary to develop 
    such data. Generally, the reimbursement period is 5 years from the date 
    of submission of the data because EPA has not required any tests that 
    take more than 5 years to develop data from the time data development 
    begins. For all the test rules affected by today's action, EPA has 
    determined that the period required for developing the data is less 
    than or equal to 5 years (by using the dates for submission of data 
    contained in the rules); thus the reimbursement period ends 5 years 
    after submission of the data. For all of the rules being deleted today, 
    over 5 years have passed since the last test data were submitted under 
    that rule.
        Section 4 test rules trigger export notification under TSCA section 
    12(b) (see 40 CFR part 707, subpart D). The period during which the 
    export notification requirements apply for a particular chemical 
    substance or mixture subject to a section 4 test rule ends when the 
    reimbursement period ends. Thus, the obligation to submit section 12(b) 
    export notices for the substances and mixtures subject to the test 
    rules being deleted today has also terminated.
        Additionally, this rule adds Sec. 799.18; this new section lists in 
    a table, substances and mixtures that are the subjects of test rules 
    and/or consent orders for which the testing reimbursement period has 
    sunset. ``Sunset date,'' as the term is used in the table at 
    Sec. 799.18, identifies the end of (1) the period during which TSCA 
    section 4 test rule reporting requirements apply under the particular 
    test rule (e.g., submission of exemption requests, notices of intent to 
    conduct testing), and (2) the reimbursement period during which certain 
    persons are subject to an obligation to reimburse test sponsors for 
    their share of the costs (calculated using market share and other bases 
    during the reimbursement period) associated with testing these 
    chemicals (see 40 CFR part 791).
        EPA intends to update the table at Sec. 799.18 on a periodic basis.
    
    IV. Rulemaking Record
    
        EPA has established a record for this rulemaking (docket control 
    number OPPTS-00168. A public version of the record, without any 
    confidential business information is available in the TSCA Public 
    Docket Office from 12 noon to 4 p.m., Monday through Friday, except 
    legal holidays. The TSCA Public Docket Office is located in Rm. NEB-
    607, 401 M St., SW., Washington, DC.
    
    V. Analyses under E.O. 12866, the Unfunded Mandates Reform Act of 
    1995, the Regulatory Flexibility Act and the Paperwork Reduction 
    Act
    
        Because the withdrawal of these rules from the CFR merely reflects 
    their current legal status, this action is not a ``significant'' 
    regulatory action within the meaning of Executive Order 12866 (58 FR 
    51735, October 4, 1993), and does not impose any Federal mandate on 
    State, local or tribal governments or the private sector within the 
    meaning of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4). 
    For the same reasons, pursuant to the Regulatory Flexibility Act (5 
    U.S.C. 605(b)), it has been determined that this action would not have 
    a significant economic impact on a substantial number of small 
    entities. In addition, because these rules are not currently in effect 
    or are being eliminated, their deletion from the CFR does not affect 
    requirements under the Paperwork Reduction Act, 44 U.S.C. 3501.
    
    List of Subjects in 40 CFR Parts 61, 704, 710, and 762, 763, 766, 
    795, 796, 797, 798 and 799
    
        Administrative practice and procedure, Air pollution control, 
    Arsenic, Asbestos, Benzene, Beryllium, Chemicals, Confidential business 
    information, Dibenzo-para-dioxins, Dibenzofurans, Environmental 
    protection, Fully halogenated chlorofluoroalkanes, Hazardous 
    substances, Health, imports, Intergovernmental relations, Labeling, 
    Laboratories, Mercury, Occupational safety and health, Radionuclides, 
    Radon, Reporting and recordkeeping requirements, School, Vinyl 
    chloride.
    
        Dated: June 14, 1995.
    
    Lynn R. Goldman,
    
    Assistant Administrator for Prevention, Pesticides and Toxic 
    Substances.
        Therefore, title 40 of the Code of Federal Regulations, chapter I, 
    is amended as follows:
        1. In part 61:
    
    PART 61--[AMENDED]
    
        a. The authority citation for part 61 continues to read as follows:
    
        Authority: Secs. 101, 112, 114, 116, 301, Clean Air Act as 
    amended (42 U.S.C. 7401, 7412, 7414, 7416, 7601).
    
    Sec. 61.141  [Amended]
    
        b. Section 61.141 is amended by replacing ``appendix A, subpart 
    F,'' with ``appendix E, subpart E,'' in each of the following five 
    definitions: ``Category I non-friable asbestos- containing material 
    (ACM);'' ``Category II nonfriable ACM''; ``Friable asbestos material''; 
    ``Nonfriable asbestos-containing material''; and ``Resilient floor 
    covering''.
    
    Sec. 61.146  [Amended]
    
        c. In Sec. 61.146, paragraphs (a) and b are amended by replacing 
    ``appendix A, subpart F,'' with ``appendix E, subpart E,''.
    
    Sec. 61.156  [Amended]
    
        d. In Sec. 61.156, Table 1 is amended by replacing in the ``CFR 
    citation'' column ``40 CFR 763, Subpart E, F'' with ``40 CFR part 763, 
    subpart E''.
    
    Appendix A to Subpart M  [Amended]
    
        e. In subpart M, appendix A, section I.1.1. is amended by replacing 
    ``appendix A, subpart F,'' with ``appendix E, subpart E,''.
        2. In part 704:
    
    PART 704--[AMENDED]
    
        a. The authority citation for part 704 continues to read as 
    follows:
        Authority: 15 U.S.C. 2607(a).
    
    Sec. 704.1  [Amended]
    
        b. Section 704.1 is amended in paragraph (a), in the first 
    sentence, by removing the words ``or D,'' and by removing paragraphs 
    (c) and (d).
    
     Sec. 704.104  [Amended]
    
        c. Section 704.104(c)(3) is amended by removing the phrase ``, as 
    required by Sec. 712.30(d) of this chapter.'' [[Page 31921]] 
    
    Subparts C and D  [Removed]
    
        d. Subparts C and D, consisting of Sec. 704.200 through 704.225 are 
    removed.
        3. In part 710:
    
    PART 710--[AMENDED]
    
        a. The authority citation for part 710 continues to read as 
    follows:
    
        Authority: 15 U.S.C. 2607(a).
    
    Subparts A and B Headings  [Removed]
    
        b. By removing the subpart A and B headings.
        c. In Sec. 710.1, by revising paragraphs (a) and (c) to read as 
    follows:
    
    
    Sec. 710.1  Scope and compliance.
    
        (a) This part establishes regulations governing reporting by 
    certain persons who manufacture, import, or process chemical substances 
    for commercial purposes under section 8(a) of the Toxic Substances 
    Control Act (15 U.S.C. 2607(a)). Section 8(a) authorizes the 
    Administrator to require reporting of information necessary for 
    administration of the Act and requires EPA to issue regulations for the 
    purpose of compiling an inventory of chemical substances manufactured 
    or processed for a commercial purpose, as required by section 8(b) of 
    the Act. Following an initial reporting period, EPA published an 
    initial inventory of chemical substances manufactured, processed or 
    imported for commercial purposes. In accordance with section 8(b), EPA 
    periodically amends the inventory to include new chemical substances 
    which are manufactured or imported for a commercial purpose and 
    reported under section 5(a)(1) of the Act. EPA also revises the 
    categories of chemical substances and makes other amendments as 
    appropriate.
    *    *    *    *    *
        (c) Each person who reports under these regulations shall maintain 
    records that document information reported under these regulations and, 
    in accordance with the Act, permit access to, and the copying of, such 
    records by EPA officials.
        d. In Sec. 710.2 by revising the introductory text to read as 
    follows:
    
    
    Sec. 710.2  Definitions.
    
        In addition to the definitions in Sec. 704.3 of this chapter, the 
    following definitions also apply to this part:
    *    *    *    *    *
    
    Sec. 710.3, 710.5, through 710.8  [Removed]
    
        e. By removing Sec. 710.3, and 710.5 through 710.8 .
    
    Sec. 710.23  [Redesignated and Removed]
    
        f. In Sec. 710.23, by redesignating paragraphs (a), (b), and (c) as 
    Sec. 710.2 (dd), (ee), and (ff), respectively, and by removing the 
    remainder of Sec. 710.23.
    
    Sec. 710.32  [Amended]
    
        g. In Sec. 710.32 introductory text, change the phrase ``this 
    subpart'' to read ``this part''.
    
    Sec. 710.35  [Amended]
    
        h. In Sec. 710.35 change the phrase ``this subpart'' to read ``this 
    part'', each time the phrase appears.
    
    Sec. 710.37  [Amended]
    
        i. In Sec. 710.37, in the first sentence, change the phrase ``this 
    subpart'' to read ``this part''.
    
    Sec. 710.38  [Amended]
    
        j. In Sec. 710.38 (a), (b), (c)(1)(i), and (d), change the phrase 
    ``this subpart'' to read ``this part'', each time the phrase appears.
        4. In part 712:
    
    PART 712--[AMENDED]
    
        a. The authority citation for part 712 continues to read as 
    follows:
    
        Authority: 15 U.S.C. 2607(a).
    
     Sec. 712.1  [Amended]
    
        b. In Sec. 712.1(a) by revising the phrase ``Subparts B and C, 
    respectively, cover'' to read ``Subpart B covers''.
    
     Sec. 712.7  [Amended]
    
        c. In Sec. 712.7, the first sentence, by revising the phrase 
    ``Subparts B and C'' to read ``subpart B''.
        d. In Sec. 712.28, paragraph (d) is revised to read as follows:
    
    
     Sec. 712.28  Form and instructions.
    
    *  *  *  *  *
        (d) Form 7710-35,Manufacturer's Report--Preliminary Assessment 
    Information or PAIR form and instructions may be obtained by 
    telephoning or writing the Environmental Assistance Division. The 
    telephone number and the address of the Environmental Assistance 
    Division is: Phone Number (202) 554-1404, TDD (202) 554-0551. Address: 
    Environmental Assistance Division (7406), Office of Pollution 
    Prevention and Toxics, Environmental Protection Agency, 401 M St., SW., 
    Washington, DC 20460.
        e. Section 712.30 is amended in paragraph (c) by changing the 
    parenthetical ``(TS-790), Rm. L-100,'' to read ``(7409)'', by removing 
    paragraphs (d) through (v), by redesignating paragraphs (w) and (x) as 
    paragraphs (d) and (e) and revising newly designated paragraph (d) to 
    read as follows:
    
    
     Sec. 712.30  Chemical lists and reporting periods.
    
    *  *  *  *  *
        (d) Manufacturers and importers of the substances listed below must 
    submit a Preliminary Assessment Information Manufacturer's Report for 
    each site at which they manufacture or import each substance by the 
    reporting date shown in the table below. The substances are listed in 
    Chemical Abstracts Service Registry Number order. Typically EPA lists 
    the trivial or common name first, then, following the symbol ``- -'', 
    EPA lists the substance by its TSCA Chemical Substance Inventory name. 
    Whenever EPA lists a single name, the name may be either the TSCA 
    Chemical Substance Inventory name, a trivial name, or a common name. 
    Generally, when a single name is listed, it is the TSCA Chemical 
    Substances Inventory name.
    
    ----------------------------------------------------------------------------------------------------------------
           CAS No.                     Substance                    Effective date              Reporting date      
    ----------------------------------------------------------------------------------------------------------------
    90-30-2                N-Phenyl-1-naphthylamine........  9/30/91                      11/27/91                  
    100-40-3                4-Vinylcyclohexene.............  1/11/90                      3/12/90                   
    108-95-5                Thiophenol.....................  1/26/94                       3/28/94                  
    118-79-6                2,4,6-tribromophenol...........   1/11/90                     3/12/90                   
    143-33-9                Sodium cyanide.................  10/29/90                     12/27/90                  
    632-79-1                Tetrabromophthalic anhydride...   1/11/90                      3/12/90                  
    637-92-3                Ethyl tert-butyl ether.........  12/28/94                      2/27/95                  
    994-05-8                Tert-amyl methyl ether.........  12/28/94                     2/27/95                   
    1163-19-5               Decabromodiphenyl ether........  1/11/90                      3/12/90                   
    3194-55-6               Hexabromocyclododecane.........  1/11/90                      3/12/90                   
    3296-90-0               Dibromoneopentyl glycol........  1/11/90                      3/12/90                   
    [[Page 31922]]
                                                                                                                    
    12185-10-3             White phosphorus................  1/26/94                      3/28/94                   
    32534-81-9             Pentabromodiphenyl ether........  1/11/90                      3/12/90                   
    32536-52-0             Octabromodiphenyl ether.........  1/11/90                      3/12/90                   
    32588-76-4              Ethylene Bis-                    1/11/90                      3/12/90                   
                            (tetrabromophthalimide).                                                                
    37853-59-1             1,2-Bis(tribromophenoxy) ethane.   1/11/90                      3/12/90                  
    41291-34-3              Ethylene(5,6-dibromonorbornane-   1/11/90                     3/12/90                   
                            2,3-dicarboximide).                                                                     
    52907-07-0              Ethylene bis(5,6-                1/26/94                      3/28/94                   
                            dibromonorbornane-2,3-                                                                  
                            dicarboximide).                                                                         
    57137-10-7              Tribrominated polystyrene......  1/11/90                      3/12/90                   
    61262-53-1             Ethylene                          1/11/90                      3/12/90                   
                            bis(pentabromophenoxide).                                                               
    ----------------------------------------------------------------------------------------------------------------
    
    *  *  *  *  *
    
    PART 762--[REMOVED]
    
        5. By removing part 762.
        6. In part 763:
    
    PART 763--[AMENDED]
    
        a.The authority citation for part 763 is revised to read as 
    follows:
    
        Authority: 15 U.S.C. 2605, 2607(c), 2643, and 2646
    
    Subpart D  [Removed and Reserved]
    
        b. By removing and reserving subpart D, consisting of Sec. 763.60 
    through 763.78.
    
    Sec. 763.87  [Amended]
    
        c. Section 763.87(b) is amended by changing the phrase ``Appendix A 
    to subpart F in 40 CFR Part 763,'' to read ``appendix E to subpart E of 
    this part.''
    
     Sec. 763.90  [Amended]
    
        d. Section 763.90 is amended, in paragraph (i)(3) by changing the 
    phrase ``paragraphs (i)(4), (5), (6), or (7) '' to read ``paragraphs 
    (i)(4), and (i)(5),'' in paragraph (i)(4), last sentence, by changing 
    the phrase ``paragraph (i)(3), (5), (6), or (7),'' to read ``paragraph 
    (i)(3) or (i)(5),'' by removing paragraphs (i)(6) and (i)(7), by 
    redesignating paragraph (i)(8) as paragraph (i)(6), and by changing the 
    phrase ``paragraphs (i)(5), (6), and (7),'' to read ``paragraph 
    (i)(5),'' each time this phrase appears.
    
    Subpart E, Appendix C  [Amended]
    
        e. In Subpart E, Appendix C, section I.B.3.(l) ``Regulatory 
    review,'' revise the phrase ``the Friable Asbestos in Schools Rule (40 
    CFR Part 763, Subpart F)'' to read ``the Asbestos-Containing Materials 
    in Schools Rule (40 CFR Part 763, Subpart E)''.
    
    Appendix A to Subpart F  [Redesignated]
    
        f. In subpart F, by redesignating ``Appendix A to Subpart F'' as 
    ``Appendix E to Subpart E.''
    
    Subpart F  [Removed and Reserved]
    
        g. By removing the remainder of subpart F to part 763, consisting 
    of Sec. 763.100 through 763.119 and by reserving the subpart F 
    designation.
        7. In part 766:
    
    PART 766--[AMENDED]
    
        a. The authority citation for part 766 continues to read as 
    follows:
        Authority: 15 U.S.C. 2603 and 2607.
    
    Sec. 766.7  [Amended]
    
        b. In Sec. 766.7, by changing ``Document Control Office (TS- 790), 
    Office of Prevention, Pesticides and Toxic Substances, Environmental 
    Protection Agency, 401 M St., SW., Washington, DC 20460'' to read 
    ``Document Control Office, (7407), Information Management Division, 
    Office of Polution Prevention and Toxics, Environmental Protection 
    Agency, 401 M Street, SW., Washington, DC 20460 , ATTN: Dioxin/Furan 
    Report.
    
    Sec. 766.12  [Amended]
    
        c. In Sec. 766.12, by changing ``(TS-799)'' to ``(7408)'', removing 
    ``(800-424-9065)'' and ``OPPTS,'' by changing ``NE-G004'' to ``NEB-
    607'', and by changing ``8 a.m.''to ``12 noon''.
        d. In Sec. 766.35, by revising paragraph (c)(1)(i), in paragraph 
    (c)(2), the first sentence, by changing ``EPA Form 7910-51 (appearing 
    in Sec. 766.35(d)'' to ``EPA Form 7710-51'', and by removing and 
    reserving paragraph (d), to read as follows
    
    
    Sec. 766.35  Reporting requirements.
    
    *    *    *    *    *
        (c) *  *  *
        (1)
        (i) A completed form (EPA 7710-51) for that chemical substance. The 
    form and instructions are available from the Environmental Assistance 
    Division (7408), Office of Pollution Prevention and Toxics, 
    Environmental Protection Agency, 401 M St., SW., Washington, DC, 20460. 
    One form must be submitted for each chemical substance for which a 
    positive test result has been submitted.
    *    *    *    *    *
    
    Sec. 766.38  [Amended]
    
        e. In Sec. 766.38(c), by changing ``Part II of form EPA 7910-51 
    (appearing at Sec. 766.35(d)) for each chemical product. A separate 
    form EPA 7910-51 must'' to ``Part II of EPA Form 7710-51 for each 
    chemical product. A separate EPA Form 7710-51 must'', and by removing 
    the parenthetical text at the end of the section.
        8. In part 790:
    
    PART 790--[AMENDED]
    
        a. The authority citation for part 790 continues to read as 
    follows:
        Authority: 15 U.S.C. 2603.
    
    Sec. 790.5  [Amended]
    
        b. Section 790.5(a) is amended by removing the phrase ``e.g., 
    Sec. 799.4400 1,1,1-Trichloroethane,''.
        9. In part 795:
    
    PART 795--[AMENDED]
    
        a. The authority citation for part 795 continues to read as 
    follows:
    
        Authority: 15 U.S.C. 2603.
    
    
    Secs. 795.45, 795.54, 795.223, 795.230, 795.235, 795.260, 
    795.285  [Removed]
    
        b. By removing Secs. 795.45, 795.54, 795.223, 795.230, 795.235, 
    795.260, 795.285.
        10. In part 796:
    
    PART 796--[AMENDED]
    
        a. The authority citation for part 796 continues to read as 
    follows:
    
        Authority: 15 U.S.C. 2603.
    
    
    Secs. 796.1220, 796.1370, 796.1520, 796.1550, 796.1570, 796.1720, 
    796.1840, 796.1860, 796.2700, 796.3140, 796.3180, 796.3200, 796.3220, 
    796.3240, 796.3260, 796.3300, 796.3340, 796.3360, 796.3400, 796.3480, 
    796.3700, 796.3780, and 796.3800  [Removed]
    
        b. By removing Secs. 796.1220, 796.1370, 796.1520, 796.1550, 
    796.1570, 796.1720, 796.1840, 796.1860, 796.2700, 796.3140, 796.3180, 
    796.3200, 796.3220, 796.3240, 796.3260, 796.3300, 796.3340, 796.3360, 
    796.3400, 796.3480, 796.3700, 796.3780, and 796.3800.
        11. In part 797: [[Page 31923]] 
    
    PART 797--[AMENDED]
    
        a. The authority citation for part 797 continues to read as 
    follows:
    
        Authority: 15 U.S.C. 2603.
    
    
    Secs. 797.1060, 797.1075, 797.1160, 797.1350, 797.1440, 797.1520, 
    797.1560, 797.1800, 797.1830, and 797.1970  [Removed]
    
        b. By removing Secs. 797.1060, 797.1075, 797.1160, 797.1350, 
    797.1440, 797.1520, 797.1560, 797.1800, 797.1830, and 797.1970.
    
    
    Subpart C  [Removed]
    
        c. By removing subpart C, consisting of Secs. 797.2050, 797.2130, 
    797.2150, 797.2175, 797.2750, 797.2800, and 797.2850.
        12. In part 798:
    
    PART 798--[AMENDED]
    
        a. The authority citation for part 798 continues to read as 
    follows:
    
        Authority: 15 U.S.C. 2603.
    
    
    Subpart B  [Removed and Reserved]
    
        b. By removing subpart B, consisting of Secs. 798.1100, 798.1150, 
    and 798.1175 and designating subpart B as reserved.
    
    
    Secs. 798.2675, 798.4420, 798.4470, 798.4500, 798.5100, 798.5140, 
    798.5250, 798.5550, 798.5575, 798.5900, 798.5915, 798.6450, 798.6540, 
    and 798.6850  [Removed]
    
        c. By removing Secs. 798.2675, 798.4420, 798.4470, 798.4500, 
    798.5100, 798.5140, 798.5250, 798.5550, 798.5575, 798.5900, 798.5915, 
    798.6450, 798.6540, and 798.6850.
    
    
    Subpart H  [Removed]
    
        d. By removing subpart H, consisting of Sec. 798.7100.
        13. In part 799:
    
    PART 799--[AMENDED]
    
        a. The authority citation for part 799 continues to read as 
    follows:
    
        Authority: 15 U.S.C. 2603, 2611, 2625.
        b.Section 799.5 is amended by removing the parenthetical text 
    ``(e.g. Sec. 799.4400 for 1,1,1-Trichloroethane)''.
        c. Section 799.18 is added to subpart A to read as follows:
    
    
    Sec. 799.18  Chemicals subject of test rules or consent orders for 
    which the testing reimbursement period has passed.
    
        The following table lists substances and mixtures that have been 
    the subjects of section 4 testing actions and for which the testing 
    reimbursement period has terminated (sunset). The Federal Register 
    citation in the table is for the final rule/consent order that includes 
    the particular substance for which the sunset date listed in the table 
    below applies. Section 12(b) export notification is no longer required 
    for these substances and mixtures. Substances that are the subjects of 
    two or more section 4 testing actions may have section 4 reimbursement 
    or section 12(b) export notification requirements that have not sunset; 
    see subparts B, C, and D of this part to determine if certain other 
    section 4 testing requirements apply. Additionally, section 12(b) 
    export notification may also be triggered by proposed or final action 
    under TSCA section 5, 6, or 7 (in addition to final actions under 
    section 4); see 40 CFR part 707, subpart D for further information 
    regarding the TSCA section 12(b) export notification requirements.
    
    ------------------------------------------------------------------------
         CAS No.         Chemical Name         FR cite        Sunset dates  
    ------------------------------------------------------------------------
                                                                            
                       C-9 Aromatic       50 FR 20662, 5/   Aug 13, 1994    
                                                                            
    62-53-3..........  Aniline            53 FR 31804, 8/   July 27, 1994   
                                           19/88                            
                                                                            
    71-55-6..........  1,1,1-             49 FR 39810, 10/  June 29, 1992   
                        Trichloroethane    10/84                            
                                                                            
    75-56-9..........  Propylene oxide    50 FR 48762, 11/  Dec,21, 1992    
                                           27/85                            
                                                                            
    78-87-5..........  1,2-               52 FR 37138, 10/  April 17, 1995  
                        Dichloropropane    5/87                             
                                                                            
    79-94-7..........  Tetrabromobisphen  52 FR 25219, 7/6/ Aug 24, 1994    
                        ol-A               87                               
                                                                            
    80-05-7..........  Bisphenol A        51 FR 33047, 9/   April 6, 1993   
                                           18/86                            
                                                                            
    84-65-1..........  Anthraquinone      52 FR 21018, 6/4/ Aug 21,1994     
                                           87                               
                                                                            
    87-61-6..........  1,2,3-             51 FR 11728,4/7/  Nov 13, 1993    
                        trichlorobenzene   86                               
                                                                            
    88-74-4..........  2-nitroaniline     53 FR 31804, 8/   Sept 19, 1994   
                                           19/88                            
                                                                            
    92-52-4..........  1,1-Biphenyl       50 FR 37182, 9/   March 15,1994   
                                           12/85                            
                                                                            
    95-48-7..........  Ortho-cresols AKA  51 FR 15771, 4/   Dec. 6, 1994    
                        2-methylphenol     28/86                            
                                                                            
    95-50-1..........  1,2-               51 FR 24657, 7/8/ April 27, 1994  
                        dichlorobenzene    86                               
                                                                            
    95-51-2..........  2-chloroaniline    53 FR 31804, 8/   Sept 6, 1994    
                                           19/88                            
                                                                            
    95-76-1..........  3,4-               53 FR 31804, 8/   Oct 2, 1994     
                        dichloroaniline    19/88                            
                                                                            
    95-94-3..........  1,2,4,5-           51 FR 24657,7/8/  April 27, 1994  
                        tetrachlorobenze   86                               
                        ne                                                  
                                                                            
    97-02-9..........  2,4-               53 FR 31804, 8/   Oct 19, 1993    
                        dinitroaniline     19/88                            
                                                                            
    98-82-8..........  Cumene             53 FR 28195, 7/   March 11, 1995  
                                           27/88                            
                                                                            
    99-30-9..........  2,6-dichloro-4-    53 FR 31804, 8/   Aug 6, 1994     
                        nitroaniline       19/88                            
                                                                            
                                                                            
    100-01-6.........  4-nitroaniline     53 FR 31804, 8/   Sept 19, 1994   
                                           19/88                            
                                                                            
    106-44-5.........  Para-cresols AKA   51 FR 15771, 4/   Dec. 6, 1994    
                        4-methylphenol     28/86                            
                                                                            
    106-46-7.........  1,4-               51 FR 24657, 7/8/ Jan 22, 1994    
                        dichlorobenzene    86                               
                                                                            
    106-47-8.........  4-chloroaniline    53 FR 31804, 8/   Oct 19, 1993    
                                           19/88                            
                                                                            
    108-39-4.........  Meta-cresols AKA   51 FR 15771, 4/   Dec. 6, 1994    
                        3-methylphenol     28/86                            
                                                                            
    108-90-7.........  Monochlorobenzene  51 FR 24657, 7/8/ Nov 13, 1991    
                                           86                               
                                                                            
    112-90-3.........  Oleylamine         52 FR 31962, 8/   Nov 28, 1994    
                                           24/87                            
                                                                            
    116-14-3.........  Tetrafluoroethene  52 FR 21516, 6/8/ May 19, 1993    
                                           87                               
                                                                            
    [[Page 31924]]
                                                                            
    116-15-4.........  Hexafluoropropene  52 FR 21516, 6/8/ Jan 22, 1994    
                                           87                               
                                                                            
    123-31-9.........  Hydroquinone       50 FR 53145, 12/  Dec. 11, 1994   
                                           30/85                            
                                                                            
    149-57-5.........  2-Ethylhexanoic    51 FR 40318, 11/  June 19, 1993   
                        Acid               6/86                             
                                                                            
    328-84-7.........  3,4-               52 FR 23547, 6/   Dec. 5, 1993    
                        Dichlorobenzotri   23/87                            
                        fluoride                                            
                                                                            
    25550-98-5.......  Diisodecyl Phenyl  54 FR 8112, 2/24/ May 21, 1995    
                        Phosphite          89                               
    ------------------------------------------------------------------------
    \1\ Only substances obtained from the reforming of crude petroleum.     
    
    
    Secs. 799.500, 799.925, 799.940, 799.1051, 799.1052, 799.1054, 
    799.1250, 799.1285, 799.1550, 799.1650, 799.2175, 799.2200, 
    799.3175, 799.3450, 799.4000, 799.4400  [Removed]
    
        d. Sections 799.500, 799.925, 799.940, 799.1051, 799.1052, 
    799.1054, 799.1250, 799.1285, 799.1550, 799.1650, 799.2175, 799.2200, 
    799.3175, 799.3450, 799.4000, and 799.4400 are removed.
    
     Sec. 799.5000  [Amended]
    
        e. Section 799.5000 is amended by removing from the table the 
    complete entries for the following substances and/or mixtures: Aniline, 
    2-nitroaniline, 2-chloroaniline, 3,4-dichloroaniline, 2,4-
    dinitroaniline, 2,6-dicloro-4-nitroaniline, 4-nitroaniline, 4-
    chloroaniline, 3,4-dichlorobenzotrifluoride, and diisodecyl phenyl 
    phosphite.
    
    [FR Doc. 95-14910 Filed 6-16-95; 8:45 am]
     BILLING CODE 6560-50-F
    
    

Document Information

Effective Date:
6/19/1995
Published:
06/19/1995
Department:
Environmental Protection Agency
Entry Type:
Rule
Action:
Final rule.
Document Number:
95-14910
Dates:
This final rule takes effect on June 19, 1995.
Pages:
31917-31924 (8 pages)
Docket Numbers:
OPPTS-00168, FRL-4955-2
PDF File:
95-14910.pdf
CFR: (30)
40 CFR 712.28(d)
40 CFR 712.30(d)-(v)
40 CFR 712.7
40 CFR 61.141
40 CFR 61.146
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