[Federal Register Volume 60, Number 208 (Friday, October 27, 1995)]
[Rules and Regulations]
[Pages 54949-54953]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-26324]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 372
[OPPTS-400097; FRL-4970-6]
2,2-Dibromo-3-nitrilopropionamide; Toxic Chemical Release
Reporting; Community Right-to-Know; Stay of Reporting Requirements
AGENCY: Environmental Protection Agency (EPA).
ACTION: Administrative stay; request for comment on petition to delist.
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SUMMARY: EPA is granting a request submitted by the Dow Chemical Co.
for an administrative stay of the reporting requirements under section
313 of the Emergency Planning and Community Right-to-Know Act of 1986
(EPCRA) and section 6607 of the Pollution Prevention Act of 1990 (PPA),
for 2,2-dibromo-3-nitrilopropionamide (DBNPA)(Chemical Abstracts
Service (CAS) No. 10222-01-2). This chemical was added to the 40 CFR
part 372 Subpart D list of toxic chemicals in a final rule published in
the Federal Register of November 30, 1994. Since promulgation of the
final rule, the Agency has preliminarily determined that it categorized
certain effects that supported the listing decision incorrectly. The
effect of this stay is to suspend reporting on this chemical while the
Agency completes its reassessment of the data for this chemical. The
Agency has also received a petition to delist DBNPA based on new
information. The Agency is making this information available for public
comment and is seeking comment on whether DBNPA should remain on the
EPCRA section 313 list of toxic chemicals. After evaluating public
comment, the Agency will issue a final decision on the delisting
petition which will either delete or retain this chemical on the
section 313 list. In either case, the Agency's decision on the petition
to delist will serve to dissolve this administrative stay. This action
affects only EPCRA section 313 and PPA section 6607 toxic chemical
reporting for DBNPA.
DATES: The administrative stay is effective October 27, 1995. Written
comments on the petition to delist must be received by November 27,
1995.
ADDRESSES: Written comments should be submitted in triplicate to : OPPT
Docket Clerk (7407), TSCA Nonconfidential Information Center (NCIC),
Office of Pollution Prevention and Toxics, Environmental Protection
Agency, Rm. NE-B607, 401 M St., SW., Washington, DC 20460.
Comments and data may also be submitted electronically by sending
electronic mail (e-mail) to: ncic@epamail.epa.gov. Electronic comments
must be submitted as an ASCII file avoiding the use of special
characters and any form of encryption. Comments and data will also be
accepted on disks in WordPerfect in 5.1 file format or ASCII file
format. All comments and data in electronic form must be identified by
the docket number OPPTS-400097. No confidential business information
(CBI) should be submitted through e-mail. Electronic comments on the
information presented in this document may be filed online at many
Federal Depository Libraries. Additional information on electronic
submissions can be found in Unit VII. of this document. Comments should
include the docket control number for this document, OPPTS-400097.
FOR FURTHER INFORMATION CONTACT: Maria J. Doa, Project Manager, 202-
260-9592, e-mail: doa.maria@epamail.epa.gov for specific information on
this action. For general information on EPCRA section 313, contact the
Emergency Planning and Community Right-to-Know Hotline, Environmental
Protection Agency, Mail Code 5101, 401 M St., SW., Washington, DC
20460, Toll free: 1-800-535-0202, in Virginia and Alaska: 703-412-9877
or Toll free TDD: 1-800-553-7672.
SUPPLEMENTARY INFORMATION:
I. Background
Section 313 of the Emergency Planning and Community Right-to-Know
Act of 1986, 42 U.S.C. 11023 (EPCRA) requires certain facilities
manufacturing, processing, or otherwise using listed toxic chemicals to
report their environmental releases of such chemicals annually.
Beginning with the 1991 reporting year, such facilities also must
report pollution prevention and recycling data for such chemicals,
pursuant to section 6607 of the Pollution Prevention Act (42 U.S.C.
13106). Section 313 established an initial list of toxic chemicals that
was comprised of more than 300 chemicals and 20 chemical categories.
Section 313(d) authorizes EPA to add to or delete chemicals from the
list, and sets forth criteria for these actions. Under section 313(e),
any person may petition EPA to add chemicals to or delete chemicals
from the list. EPA has added and deleted chemicals from the original
statutory list. Pursuant to EPCRA section 313(e)(1), EPA must respond
to petitions within 180 days either by initiating a rulemaking or by
publishing an explanation of why the petition has been denied.
EPA issued a statement of petition policy and guidance in the
Federal
[[Page 54950]]
Register of February 4, 1987 (52 FR 3479), to provide guidance
regarding the recommended content and format for petitions. On May 23,
1991 (56 FR 23703), EPA issued a statement of policy and guidance
regarding the recommended content of petitions to delete individual
members of the section 313 metal compound categories. EPA has published
a statement clarifying its interpretation of the section 313(d)(2) and
(3) criteria for adding and deleting chemicals from the section 313
toxic chemical list (November 30, 1994; 59 FR 61439).
In the Federal Register of November 30, 1994 (59 FR 61432), the
Agency published a final rule adding 286 chemicals and chemical
categories to the EPCRA section 313 list of toxic chemicals. DBNPA was
included among the 286 chemicals and chemical categories in the
November 1994 final rule. The Agency found that DBNPA met the section
313(d)(2)(B) criteria for chronic human toxicity because of chronic
respiratory effects. (See 59 FR 61452).
II. Description of Request and Basis for Administrative Stay
Since the promulgation of the final rule adding DBNPA to the list
of toxic chemicals, it has been brought to the Agency's attention that
it may have incorrectly categorized the effects observed in studies
which were reviewed prior to promulgation. Some members of the
regulated community have also expressed concern that the basis for the
Agency's final action on this chemical was inadequately described in
the rulemaking record.
On December 29, 1994, Dow Chemical Co. requested that the Agency
administratively stay the reporting requirements for DBNPA, based on
their contention that the new information submitted with their request
(which includes a study report dated August 2, 1994 and further
analyses of studies in the record) demonstrates that the original basis
for listing (chronic respiratory toxicity) is not valid (Ref. 1).
Subsequently, on February 24, 1995, Dow Chemical Co. petitioned the
Agency pursuant to EPCRA section 313(e) to delete DBNPA from the EPCRA
section 313 list of toxic chemicals, contending that the new
information submitted with the request for an administrative stay
demonstrates that DBNPA does not meet the listing criteria (Ref. 2).
Based on its reassessment of the information supporting the listing
of DBNPA, EPA agrees preliminarily that DBNPA does not cause chronic
respiratory toxicity. Therefore, the Agency believes that it is
important and appropriate to administratively stay the effective date
of the listing of this chemical.
EPCRA section 313(d)(2) states that a chemical may be listed if any
of the listing criteria are met. Therefore, in order to add a chemical,
EPA must demonstrate that at least one criterion is met, but does not
need to examine whether all other criteria are also met. Conversely, in
order to remove a chemical from the list, EPA must demonstrate that
none of the criteria are met. In reviewing the petition to delist DBNPA
pursuant to EPCRA section 313(d)(3), EPA believes that DBNPA meets the
criteria described in section 313(d)(2)(B), based on subchronic gastric
toxicity; and the criteria described in section 313(d)(2)(C), based on
environmental toxicity. Because the bases for meeting these criteria
are different than those for which comments were originally received in
response to the January 12, 1994 Federal Register notice, EPA is
seeking comment on the initial determination for this chemical; the
additional information which has been brought to the Agency's
attention; and, generally, comments (and any supporting data) on
whether the Agency should either grant or deny the petition to delete
DBNPA.
Under the November 1994 final rule, reporting for DBNPA is required
to begin for activities during the 1995 calendar year, with the first
reports due on or before July 1, 1996. However, because of the decision
to issue this administrative stay, facilities will not have to prepare
and submit Toxic Release Inventory (TRI) Form R reports for the 1995
reporting year. Moreover, pending a decision by the Agency of whether
to grant the petition and propose a rule to delete DBNPA or to deny the
petition and affirm the listing, the reporting requirements of EPCRA
section 313 and PPA section 6607 for DBNPA will continue to be
administratively stayed. EPA's decision will be made promptly after
consideration of public comment submitted on this Federal Register
document.
III. EPA's Technical Review of the Petition
A. Chemistry/Use Profile
1. Physical properties. DBNPA is a white, crystalline solid in its
pure state. It has moderate water solubility (15 grams per liter (g/L))
and a very low vapor pressure at room temperature (less than 4 x
10-5 mm Hg at 25 deg.C). DBNPA is degraded through hydrolysis in
water, but this is a pH-dependent process which is most rapid under
alkaline conditions (Ref. 4).
2. Industrial uses. DBNPA is used as an algicide, bactericide,
fungicide, and a preservative additive. The target microorganisms are
coliform bacteria; slime- and odor-forming algae, bacteria and fungi;
yeasts; and sulfide producing bacteria (as found in enhanced oil
recovery applications). DBNPA's use as a pesticide is regulated under
the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). It is
used to control microorganisms in industrial water systems (such as
cooling water and pulp and paper manufacturing); oil field
applications; and a variety of products such as adhesives, glues,
industrial coatings, metal cutting fluids, paints, emulsions, waxes,
polishes, and inks. Currently, 26 companies have a total of 44 FIFRA
registrations for DBNPA or products containing this chemical. At the
present time, 80 percent of the total consumption of DBNPA in the U.S.
(approximately 850,000 pounds in 1994) is in paper mills, 18 percent is
used in recirculating water cooling systems and 2 percent is used in
once-through cooling water systems. DBNPA is expected to be commonly
used in rotation with other biocides in order to prevent acquired
resistance by strains of the target organism or in combination with
other biocides if there is a build-up of a particular organism. DBNPA
is believed to be too expensive to be used as a primary biocide in many
applications (Ref. 6).
B. Toxicological Evaluation of DBNPA
1. Acute toxicity. EPA has reviewed the clinical signs, such as
dyspnea, evidenced in 4- and 13-week rat studies by gavage. When EPA
originally reviewed these studies for the November 1994 rule, EPA
concluded that the effects observed in these studies represented
chronic respiratory toxicity. Upon further analysis, EPA agrees with
Dow Chemical's contention that the observed dyspnea was secondary to
the method of treatment and that it is the result of acute irritation
of the trachea and epiglottis due to reflux of the test material.
Although some uncertainty exists as to the mechanism by which the
dyspnea (and in some cases death) occurred, a NOEL (no observed effect
level) of 5 milligrams per kilogram per day (mg/kg/day) and a LOEL
(lowest observed effect level) of 13 mg/kg/day were established. DBNPA
is corrosive, particularly to the eyes and, at least, is severely
irritating to the respiratory tract (Refs. 3 and 7).
2. Developmental toxicity. In a developmental study in rabbits,
[[Page 54951]]
developmental effects were reported at a dose of 30 mg/kg/day, with no
evidence of maternal toxicity until the next higher dose (60 mg/kg/
day). Because the 30 mg/kg/day dose group was performed at a different
time than the rest of the study (this group was initiated after the
death of six rabbits) and did not have a concurrent control group for
comparison, no statistical analysis can be validly performed. This
treatment group cannot be considered as a valid part of the study
(Refs. 3, 7, and 12).
3. Chronic toxicity. As indicated above, a developmental study in
rabbits showed evidence of maternal toxicity at a dose of 60 mg/kg/day.
Deaths due to treatment were caused by ulcerative and hemorrhagic
gastritis and occurred in 6 of 14 treated rabbits (dams). Evidence of
effects did not occur immediately in the study, and deaths did not
occur until after 10 days of dosing. These effects are considered to be
subchronic in nature. Further support for the subchronic, rather than
acute, nature of the effect is that in a range finding study in which
rats were administered the test material by gavage at similar doses for
up to 2 weeks, no gastritis was seen (except in one female at the end
of 2 weeks treatment). Due to the deletion of the 30 mg/kg/day dose
level from the evaluation of the developmental study, the maternal NOEL
for this study has been reassessed as 10 mg/kg/day (no effects were
observed at dose levels of 0 and 10 mg/kg/day), with a maternal LOEL of
60 mg/kg/day (Refs. 3 and 7).
4. Environmental toxicity. Only the 96-hour (h) EC50 (median
effective concentration) of 0.300 mg/L (milligram per liter) for DBNPA
was reported for freshwater green algae based on the growth rate. This
result was based on nominal concentrations derived from a water-based
stock solution used to initiate the test. Had this effective
concentration been based on mean measured concentrations of the test
substance during the test period, EPA believes that the EC50
values would have been lower. Assuming a hydrolysis rate (t\1/2\) of 63
hours at pH 7 (the pH of the algal medium was 7.5), concentrations were
predicted at time (t)=0 h, t=63 h, and t=98.5 h and averaged. The mean
concentrations were predicted to be 64 percent of the concentrations at
t=0 h. Based on these predicted mean concentrations, EPA calculated the
green algal 96-h EC50 as 0.010 mg/L. Saltwater green algal
toxicity was not measured. The reported value for daphnid chronic
toxicity is a LOEC (lowest observed effect concentration) of 0.020 mg/
L; this was the lowest dose tested. Using the dose-response curve data
from the test report, chronic EC10 (ten percentile effective
concentration) values were predicted for total mean young per female
(0.005 mg/L) and for total young (0.008 mg/L). DBNPA slows oyster shell
deposition and has a 48-h EC50 less than 0.070 mg/L. It is not
known whether this is a direct effect of DBNPA on the oysters
themselves or an indirect effect of DBNPA on oysters because of direct
effects on oyster food sources, i.e., phytoplankton or saltwater green
algae. Because the toxicity of DBNPA towards saltwater green algae was
never measured, this issue could not be resolved (Refs. 8, 9, and 10).
C. Exposure to DBNPA in the Environment
In making listing determinations under EPCRA section 313, there are
limited circumstances under which it is appropriate for EPA to consider
exposure factors (See 59 FR 61440). The Agency believes that exposure
considerations are appropriate in making determinations (1) under
section 313(d)(2)(A), (2) under section 313(d)(2)(B) for chemicals that
exhibit low to moderately low toxicity based on a hazard assessment
(i.e., those chemicals for which the value of listing on the EPCRA
section 313 list on hazard alone is marginal), and (3) under section
313 (d)(2)(C) for chemicals that are low or moderately ecotoxic or do
not induce well-documented serious adverse effects. The Agency believes
that exposure considerations are not appropriate in making
determinations (1) under section 313(d)(2)(B) for chemicals that
exhibit moderately high to high human toxicity based on a hazard
assessment, and (2) under section 313(d)(2)(C) for chemicals that are
highly ecotoxic or induce well-established adverse environmental
effects. Based on its most recent reassessment, EPA has preliminarily
determined that DBNPA is acutely toxic to humans, highly chronicly
toxic to humans and highly ecotoxic.
EPA has, as part of the review of DBNPA, conducted an exposure
analysis. Based on a screening level assessment, EPA estimated the
likelihood of exposure at facility boundaries at levels which are
reasonably likely to cause acute toxicity. Further, because of
uncertainties encountered initially regarding the degree of
environmental toxicity of DBNPA, EPA also conducted an exposure
analysis which estimated the likelihood of exposure to the environment.
Because the analyses were conducted, the results of this environmental
exposure analysis are presented below. However, the determination that
the listing criterion of EPCRA section 313(d)(2)(C) is met is based
solely on the hazard of the chemical, not on estimated exposures.
Due to its very low vapor pressure, DBNPA is not expected to be
released in significant quantities to air. Since DBNPA is manufactured
and imported as a liquid and is soluble in water, land releases are
also anticipated to be low. However, there is a concern for aqueous
releases of DBNPA to the environment; especially from paper mills and
cooling water systems (Ref. 10).
1. Paper mills. There are a variety of applications for which DBNPA
can be used in paper mills. DBNPA is used to control microorganisms
which can grow in aqueous systems affected by machine deposits (such as
starch, which acts as a nutrient) and other sources of biological
contamination. Many of the additives used in this industry are
preserved with biocides. DBNPA is continuously added at a rate of 0.03-
0.1 lb per ton of pulp or paper (on a dry basis) and it is assumed that
DBNPA is used to treat the pulp or paper every day (Ref. 6). DBNPA's
primary removal mechanism is hydrolysis, which is highly pH sensitive.
At neutral pH, the overall removal during wastewater treatment
operations with a total residence time of 12 hours is estimated to be
15 percent (the typical pH of waste water treatment plants in the
United States is 7.2). All of the DBNPA used within the mill is
expected to be sent to on-site treatment or directly to a publicly
owned treatment works (POTW) (Refs. 5 and 6).
Based on these assumptions, EPA calculated the predicted releases
of DBNPA daily at each site, stream concentrations at low and mean
flow, and potential daily dose rates for human exposure to drinking
water for a variety of paper mill operations. Based on this screening
level assessment, EPA believes there is little to no likelihood for
dyspnea associated with general population drinking water exposures in
this use application. However, at the usage rate indicated, the
concentration of concern for environmental effects on freshwater green
algae and daphnids would be exceeded essentially every day throughout
the year (364-365 days) (Ref. 10).
2. Cooling water systems. Cooling systems are treated to maintain
efficient heat exchange, to prevent plugging of orifices, to prevent
potential health concerns and for aesthetics. Typical biocide
treatments have use levels of less than 100 mg/L and the biocide may be
added continuously or intermittently. There are an estimated 40,000
[[Page 54952]]
recirculating open-water cooling systems in the U.S. (average size
20,000 gallons) and an estimated 4,000 once-through water cooling
systems with an average size of 1,000,000 to 20,000,000 gallons.
Although there are far more recirculating than once-through systems,
the total volume of water discharged from once-through towers is
estimated to be approximately the same as from recirculating systems.
In recirculating systems, DBNPA is used at a rate of 2.5-24 mg/L. DBNPA
is used to treat the water 1-3 times per week throughout the year
(Refs. 5 and 6). Based on the above usage rate and the estimated annual
use of DBNPA in recirculating water cooling systems (153,000 lb/yr),
the annual use of DBNPA is calculated at 64-640 lb/site-yr at 239-2,390
sites. All of the DBNPA used in recirculating water cooling systems is
expected to be sent to on-site treatment or directly to a POTW (Refs. 5
and 6). Calculated at the maximum usage rate for DBNPA and the lowest
stream flow, a screening level assessment similar to that conducted for
paper mills demonstrated no likelihood for dyspnea to the general
population (Ref. 10). For recirculating water cooling systems, the
concentration of concern for environmental effects on freshwater green
algae and daphnids would be exceeded 160 days per year (Ref. 10). The
average use rate of DBNPA in once-through cooling systems is estimated
at 200 pounds per site-year (lb/site-yr). DBNPA is used to treat the
water less than 100 days during the year, which is an application rate
of less than 2 lb/site-day. All of the DBNPA used in recirculating
water cooling systems is expected to be sent to on-site treatment or
directly to a POTW (Refs. 5 and 6). A screening level assessment
indicated that there is little to no likelihood for dyspnea associated
with general population drinking water exposures in this use
application (Ref. 10). For once-through water cooling systems, the
concentration of concern for environmental effects on freshwater green
algae and daphnids would be exceeded 99 days per year (Ref. 10).
IV. Technical Summary
Based on EPA's most recent assessment, the Agency has preliminarily
determined that DBNPA: (1) Can reasonably be anticipated to cause
subchronic gastrointestinal effects; and (2) can reasonably be
anticipated to cause toxicity to freshwater green algae, chronic
effects on freshwater invertebrates, and chronic effects on oysters, at
relatively low concentrations. EPA's toxicological evaluation of DBNPA
indicates that it exhibits acute toxicity only at levels that exceed
the expected releases and resultant exposures.
V. Administrative Stay
A. Rationale for Decision
EPA is granting the request for an administrative stay of the
listing of DBNPA on the EPCRA section 313 list of toxic chemicals. EPA
proposed to list DBNPA because scientific evidence showed that it
exhibited chronic human toxicity effects, specifically citing
respiratory toxicity (59 FR 1807). The Agency affirmed this finding in
the final rule (59 FR 61452). In the final rule, the Agency responded
to commenters who argued that the respiratory effects cited were a
result of an acute toxic reaction to direct exposure to the respiratory
system from the gavage dosing methodology. At that time the Agency
stated that ``. . .the dyspnea observed in the 4-week and 13-week rat
gavage studies cited in the proposed rule may have been due to severe
irritation of the trachea and lungs from accidental or incidental
delivery of small amounts of the DBNPA dosing solutions into the
larynx, pharynx, trachea, and/or lungs during the procedure. However,
this suggestion of possible cause can be neither refuted nor confirmed
based upon the available data.'' Since the publication of the final
rule, the Agency has preliminarily determined that it had incorrectly
categorized the effects in studies which were reviewed prior to
promulgation. EPA currently believes that these data serve to confirm
the acute nature of the respiratory toxicity of DBNPA. EPA's further
review of DBNPA data also indicates that DBNPA causes gastric toxicity
and environmental toxicity, and meets the 313(d)(2)(B) and 313(d)(2)(C)
listing criteria on that basis.
Although the statutory basis for the determination that DBNPA meets
the listing criteria of EPCRA section 313(d)(2) would not change, the
Agency now believes that the listing should be based on effects other
than that listed in the final rule. EPA recognizes that, although its
ultimate decision would remain unchanged, interested parties may
disagree with the Agency's position that the information on subchronic
gastric effects supports a finding under section 313(d)(2)(B) or its
position that the information on environmental toxicity supports a
finding under section 313(d)(2)(C). EPA believes good cause exists to
issue this Administrative Stay to allow parties time to prepare and
submit comment and information on these points.
B. Legal Authority
The Agency believes that this administrative stay is appropriate
and in the interest of justice, given the fact that EPA incorrectly
categorized the effects observed in certain data relating to DBNPA
prior to promulgation of the final rule adding this chemical to the
EPCRA section 313 list of toxic chemicals. Although the Agency does not
regard today's stay as a rule, were it to be viewed as a rule, the
Agency believes that there is good cause for issuing it without prior
notice and opportunity for comment and for making it immediately
effective. Under section 313(a), facilities face a current and ongoing
obligation to collect information about releases, transfers, and waste
management of DBNPA. Until such time as the issues described in this
document are resolved, EPA believes that this administrative stay is
necessary. As stated above, EPA has begun addressing these issues and
will move quickly toward final resolution of the status of DBNPA under
EPCRA section 313.
In addition, this administrative stay is authorized by 5 U.S.C.
section 705, which provides that an agency may postpone the effective
date of any action taken by it when justice so requires, pending
judicial review. Although no petition for review has been formally
filed as of this date with respect to DBNPA, the Agency believes that
rather than going through costly and potentially protracted litigation,
an Administrative Stay coupled with a Federal Register notice and
opportunity to comment is both consistent with the goal of the TRI
program to involve the public in the resolution of important issues and
in the interest of justice.
C. Effective Date of Administrative Stay
This administrative stay, which applies only to the listing of
DBNPA on the EPCRA section 313 list of toxic chemicals is effective
October 27, 1995.
VI. Request for Public Comment
EPA requests public comment on the information presented in this
document regarding the continued listing of DBNPA on the EPCRA section
313 list of toxic chemicals. Comments should be submitted to the
address listed under the ADDRESSES unit. All comments must be received
on or before November 27, 1995.
VII. Administrative Record
A record has been established for this administrative stay under
docket number OPPTS-400097 (including comments and data submitted
electronically as described below). A
[[Page 54953]]
public version of this record, including printed, paper versions of
electronic comments, which does not include any information claimed as
confidential business information (CBI), is available for inspection
from noon to 4 p.m., Monday through Friday, excluding legal holidays.
The public record is located in the TSCA Nonconfidential Information
Center, Rm. NE-B607, 401 M St., SW., Washington, DC 20460.
Electronic comments can be sent directly to EPA at:
ncic@epa
Electronic comments must be submitted as an ASCII file avoiding the
use of special characters and any form of encryption.
The official record for this administrative stay described above
will be kept in paper form. Accordingly, EPA will transfer all comments
received electronically into printed, paper form as they are received
and will place the paper copies in the official record which will also
include all comments submitted directly in writing. The official
rulemaking record is the paper record maintained at the address in
ADDRESSES at the beginning of this document.
VIII. References
(1) Crowell Morring; Petition for Administrative Stay of SARA
Section 313 Reporting Requirements for 2,2-Dibromo-3-
nitrilopropionamide (DBNPA, CAS No. 001 222-01-2) Pending Consideration
of New Information. Dated December 29, 1994.
(2) Crowell Morring; Petition of the Dow Chemical Company to Delete
2,2-Dibromo-3-nitrilopropionamide (DBNPA, CAS No. 001 222-01-2) from
the List of Chemicals Subject to Section 313 of the Emergency Planning
and Community Right to Know Act of 1996. Dated February 24, 1995.
(3) USEPA/OPP; Doyle, Elizabeth A., DBNPA - Response to Comments
Filed by Dow Chemical Company in Support of a Petition to Delist (Dated
February 24, 1995 and April 13, 1995) memorandum dated May 15, 1995.
(4) USEPA/OPPT; Bushman, Daniel R., Chemistry Report for the EPCRA
Sec. 313 Petition to Delist 2,2-dibromo-3-nitrilopropionamide (DBNPA)
dated March 31, 1995.
(5) USEPA/OPPT; Hollister, Sondra L., Exposure Assessment : 2,2-
Dibromo-3-nitrilopropionamide Delisting Petition dated July 14, 1995.
(6) USEPA/OPPT; Jackson, Eric M., Engineering Report for the EPCRA
Sec. 313 Petition to Delist 2,2-Dibromo-3-Nitrilopropionamide (DBNPA)
dated July 11, 1995.
(7) USEPA/OPPT; Murphy, James J., Review of Toxicology Summary on
2,2-Dibromo-3-Nitrilopropionamide for EPCRA 313 Delisting Petition
memorandum dated May 22, 1995.
(8) USEPA/OPPT; Nabholz. J. V., Petition to Remove DBNPA from EPCRA
Sec. 313: Environmental Toxicity (Addendum #2) dated August 8, 1995.
(9) USEPA/OPPT; Nabholz. J. V., Petition to Remove DBNPA from EPCRA
Sec. 313: Environmental Toxicity dated May 16 (second dated July 25),
1995.
(10) USEPA/OPPT; Rusak, Linda M., DBNPA Delisting Petition; Revised
CSRAD Report dated July 19, 1995.
(11) USEPA/OPPT; Silagi, William, Economic Analysis of Petition to
Delist 2,2,-Dibromo-3-Nitrilopropionamide (DBNPA) from the EPCRA
Section 313 List dated April 10, 1995.
(12) USEPA/ORD; Preuss, Peter W., ORD's Response to the Petition to
Delist DBNPA from SARA Section 313 memorandum dated June 13, 1995.
IX. Paperwork Reduction Act
There are no information collection requirements subject to the
provisions of the Paperwork Reduction Act of 1980, 44 U.S.C. 3501 et
seq., associated with this action.
List of Subjects in 40 CFR Part 372
Environmental protection, Chemicals, Community right-to-know,
Reporting and recordkeeping requirements, and Toxic chemicals.
Dated: October 13, 1995.
Lynn R. Goldman,
Assistant Administrator for Prevention, Pesticides and Toxic
Substances.
Therefore 40 CFR part 372 is amended to read as follows:
1. The authority citation for part 372 continues to read as
follows:
Authority: 42 U.S.C. 11023 and 11048.
Sec. 372.65 [Amended]
2. Section 372.65 is amended by adding an identical note to the end
of the table in both paragraphs (a) and (b) to read as follows:
Note: The listing of 2,2-dibromo-3-nitrilopropionamide (DBNPA) (CAS
No. 10222-01-2) is stayed. The stay will remain in effect until further
administrative action is taken.
[FR Doc. 95-26324 Filed 10-26-95; 8:45 am]
BILLING CODE 6560-50-F
