[Federal Register Volume 63, Number 226 (Tuesday, November 24, 1998)]
[Rules and Regulations]
[Pages 64874-64876]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-31390]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 721
[OPPTS-50633A; FRL-6044-6]
RIN 2070-AB27
Revocation of Significant New Use Rules for Certain Chemical
Substances
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is revoking significant new use rules (SNURs) for 6
substances promulgated under section 5(a)(2) of the Toxic Substances
Control Act (TSCA) for certain chemical substances based on new data.
Based on the new data the Agency no longer finds that activities not
described in the corresponding TSCA section 5(e) consent order or the
premanufacture notice (PMN) for these chemical substances may result in
significant changes in human or environmental exposure.
DATES: This rule is effective December 24, 1998.
FOR FURTHER INFORMATION CONTACT: Susan B. Hazen, Director,
Environmental Assistance Division (7408), Office of Pollution
Prevention and Toxics, Environmental Protection Agency, Rm. E-531, 401
M St., SW., Washington, DC 20460, telephone: (202) 554-1404, TDD: (202)
554-0551; e-mail: TSCA-Hotline@epa.gov.
SUPPLEMENTARY INFORMATION:
Electronic Availability: Electronic copies of this document are
available from the EPA Home Page at the Federal Register-Environmental
Documents entry for this document under ``Laws and Regulations''
(http://www.epa.gov/fedrgstr/).
In the Federal Register referenced for each substance, OPPTS-
50569A, September 18, l989 (54 FR 38381); OPPTS-50582, August 15, 1990
(55 FR 33296); OPPTS-50613, October 4, 1993 (58 FR 51694); OPPTS-50623,
December 2, 1996 (61 FR 63726) (FRL-4964-3); and OPPTS-50628, January
22, l998 (63 FR 3393) (FRL-5720-3), EPA issued a SNUR establishing
significant new uses for the substances. Because of additional
[[Page 64875]]
data EPA has received for these substances, EPA is revoking these
SNURs.
I. Background
The Agency proposed the revocation of these SNURs in the Federal
Register of September 16, 1998 (63 FR 49518) (FRL-6024-9). 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 October 16, 1998. The Agency received no comments
concerning the proposed revocations. Therefore, EPA is revoking these
rules.
II. Rationale for Revocation of the Rule
During review of the PMNs submitted for the chemical substances
that are the subject of this revocation, EPA concluded that regulation
was warranted based on available information that indicated activities
not described in the TSCA section 5(e) consent orders or the PMNs might
result in significant changes in human or environmental exposure. Based
on these findings, SNURs were promulgated.
EPA has revoked those TSCA section 5(e) consent orders that are the
bases for these SNURs and no longer finds that activities other than
those described in the TSCA section 5(e) consent orders or the PMNs may
result in significant changes in human or environmental exposure. The
revocation of SNUR provisions for these substances is consistent with
the findings set forth in the preamble to the proposed revocation of
each individual SNUR.
Therefore, EPA is revoking the SNUR provisions for these chemical
substances. When this revocation becomes final, EPA will no longer
require notice of intent to manufacture, import, or process these
substances, except in the case where the PMN submitter has formally
withdrawn the PMN. In addition, export notification under section 12(b)
of TSCA will no longer be required.
III. Public Record
The official record for this rulemaking, as well as the public
version, has been established for this rulemaking under docket control
number OPPTS-50633A (including comments and data submitted
electronically). A 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 12 noon to 4 p.m., Monday through Friday,
excluding legal holidays. The official rulemaking record is located in
the TSCA Nonconfidential Information Center, Rm. NE-B607, 401 M St.,
SW., Washington, DC.
IV. Regulatory Assessment Requirements
A. Certain Acts and Executive Orders
This rule revokes or eliminates an existing regulatory requirement
and does not contain any new or amended requirements. As such, the
Office of Management and Budget (OMB) has exempted these types of
actions from review under Executive Order 12866, entitled Regulatory
Planning and Review (58 FR 51735, October 4, 1993). This rule does not
impose any requirements, it does not contain any information
collections subject to approval under the Paperwork Reduction Act
(PRA), 44 U.S.C. 3501 et seq., or require any other action under Title
II of the Unfunded Mandates Reform Act of 1995 (UMRA) (Pub. L. 104-4).
Nor does it require any special considerations 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) or require OMB review in accordance with Executive
Order 13045, entitled Protection of Children from Environmental Health
Risks and Safety Risks (62 FR 19885, April 23, 1997).
In addition, pursuant to section 605(b) of the Regulatory
Flexibility Act (RFA) (5 U.S.C. 601 et seq.), the Agency has determined
that SNUR revocations, which eliminate requirements without imposing
any new ones, have no adverse economic impacts. The Agency's generic
certification for SNUR revocations appears on June 2, 1997 (62 FR
29684) (FRL-5597-1) and was provided to the Chief Counsel for Advocacy
of the Small Business Administration.
B. Executive Order 12875
Under Executive Order 12875, entitled Enhancing the
Intergovernmental Partnership (58 FR 58093, October 28, 1993), EPA may
not issue a regulation that is not required by statute and that creates
a mandate upon a State, local, or tribal government, unless the Federal
government provides the funds necessary to pay the direct compliance
costs incurred by those governments. If the mandate is unfunded, EPA
must provide to OMB a description of the extent of EPA's prior
consultation with representatives of affected State, local, and tribal
governments, the nature of their concerns, copies of any written
communications from the governments, and a statement supporting the
need to issue the regulation. In addition, Executive Order 12875
requires EPA to develop an effective process permitting elected
officials and other representatives of State, local, and tribal
governments ``to provide meaningful and timely input in the development
of regulatory proposals containing significant unfunded mandates.''
Today's rule does not create an unfunded Federal mandate on State,
local, or tribal governments. The rule does not impose any enforceable
duties on these entities. Accordingly, the requirements of section 1(a)
of Executive Order 12875 do not apply to this rule.
C. Executive Order 13084
Under Executive Order 13084, entitled Consultation and Coordination
with Indian Tribal Governments (63 FR 27655, May 19, 1998), EPA may not
issue a regulation that is not required by statute, that significantly
or uniquely affects the communities of Indian tribal governments, and
that imposes substantial direct compliance costs on those communities,
unless the Federal government provides the funds necessary to pay the
direct compliance costs incurred by the tribal governments. If the
mandate is unfunded, EPA must provide to OMB, in a separately
identified section of the preamble to the rule, a description of the
extent of EPA's prior consultation with representatives of affected
tribal governments, a summary of the nature of their concerns, and a
statement supporting the need to issue the regulation. In addition,
Executive Order 13084 requires EPA to develop an effective process
permitting elected officials and other representatives of Indian tribal
governments ``to provide meaningful and timely input in the development
of regulatory policies on matters that significantly or uniquely affect
their communities.''
Today's rule does not significantly or uniquely affect the
communities of Indian tribal governments. This rule does not involve or
impose any requirements that affect Indian tribes. Accordingly, the
requirements of section 3(b) of Executive Order 13084 do not apply to
this rule.
V. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must
[[Page 64876]]
submit a rule report, which includes a copy of the rule, to each House
of the Congress and to 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
this 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: November 9, 1998.
Charles M. Auer,
Director, Chemical Control Division, Office of Pollution Prevention and
Toxics.
Therefore, 40 CFR part 721 is amended as follows:
PART 721--[AMENDED]
1. The authority citation for part 721 continues to read as
follows:
Authority: 15 U.S.C. 2604, 2607, and 2625(c).
Sec. Sec. 721.723, 721.1525, 721.1737, 721.1740, 721.7360 [Removed]
2. By removing Sec. Sec. 721.723, 721.1525, 721.1737, 721.1740, and
721.7360.
[FR Doc. 98-31390 Filed 11-23-98; 8:45 am]
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