[Federal Register Volume 59, Number 248 (Wednesday, December 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-31929]
[Federal Register: December 28, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 721
[OPPTS-50584C; FRL-4738-2]
RIN 2070-AB27
Pyridines; Modification of Significant New Use Rules
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is modifying the significant new use rules (SNURs)
promulgated under section 5(a)(2) of the Toxic Substances Control Act
(TSCA) for 16 pyridine chemical substances based on a modification to
the 5(e) consent order regulating those substances. The original
consent order and SNURs were developed in response to premanufacture
notices (PMNs) for these substances.
EFFECTIVE DATE: The effective date of this rule is January 27, 1995.
FOR FURTHER INFORMATION CONTACT: Susan B. Hazen, Director,
Environmental Assistance Division (7408), Office of Pollution
Prevention and Toxics, Environmental Protection Agency, Rm. E-543B, 401
M St., SW., Washington, DC 20460, Telephone: (202) 554-1404, TDD: (202)
554-0551.
SUPPLEMENTARY INFORMATION: In the Federal Register of May 23, 1991 (56
FR 23766), EPA issued SNURs establishing significant new uses for 16
pyridine substances. Because of the June 16, 1992, modification to the
consent order for these substances, which was the basis for the
original SNURs, EPA is proposing to modify those SNURs.
The CFR cites which appeared in the final rule (56 FR 23766, May
23, 1991) have been redesignated (58 FR 29946, May 24, 1993). The
following table, which is provided for the convenience of the reader,
lists the substances by PMN number and provides the redesignated cite
as well as the cite which appeared in the final rule.
Table 1.--Chemicals Subject to This Significant New Use Rule
[Publication History]
------------------------------------------------------------------------
FR ref., Pub.
Chemical Original CFR Cite date Redesignated
------------------------------------------------------------------------
P-83-237 40 CFR 721.1858 56 FR 23766, 5/ 40 CFR 721.8700
23/91
P-83-1162 40 CFR 721.1858 56 FR 23766, 5/ 40 CFR 721.8700
23/91
P-83-1163 40 CFR 721.1835 56 FR 23766, 5/ 40 CFR 721.8675
23/91
P-84-1219 40 CFR 721.1845 56 FR 23766, 5/ 40 CFR 721.8775
23/91
P-85-36 40 CFR 721.1845 56 FR 23766, 5/ 40 CFR 721.8775
23/91
P-85-216 40 CFR 721.1835 56 FR 23766, 5/ 40 CFR 721.8675
23/91
P-85-236 40 CFR 721.1845 56 FR 23766, 5/ 40 CFR 721.8775
23/91
P-85-535 40 CFR 721.1835 56 FR 23766, 5/ 40 CFR 721.8675
23/91
P-85-536 40 CFR 721.1835 56 FR 23766, 5/ 40 CFR 721.8675
23/91
P-85-706 40 CFR 721.1845 56 FR 23766, 5/ 40 CFR 721.8775
23/91
P-85-1184 40 CFR 721.1845 56 FR 23766, 5/ 40 CFR 721.8775
23/91
P-86-838 40 CFR 721.1840 56 FR 23766, 5/ 40 CFR 721.8750
23/91
P-88-1271 40 CFR 721.1886 56 FR 23766, 5/ 40 CFR 721.8900
23/91
P-88-1272 40 CFR 721.1886 56 FR 23766, 5/ 40 CFR 721.8900
23/91
P-88-1273 40 CFR 721.1883 56 FR 23766, 5/ 40 CFR 721.8875
23/91
P-88-1274 40 CFR 721.1880 56 FR 23766, 5/ 40 CFR 721.8850
23/91
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I. Background
The Agency proposed the modification of the SNUR for these
substances in the Federal Register of June 8, 1993 (58 FR 32222). The
background and reasons for the modification of the SNUR are set forth
in the preamble to the proposed modification. The Agency received no
public comment concerning the proposed modification. As a result EPA is
modifying this SNUR.
II. Objectives and Rationale of Modifying Rule
During review of the PMNs submitted for the chemical substances
that are the subjects of this modification, EPA concluded that
regulation was warranted under section 5(e) of TSCA pending the
development of information sufficient to make a reasoned evaluation of
the health and environmental effects of the substances, and that the
substances may present an unreasonable risk of injury to human health
and the environment. EPA identified the tests necessary to evaluate the
risks of the substances. Based on these findings, a section 5(e)
consent order was negotiated with the PMN submitter and SNURs were
promulgated for the substances at that time. One provision of the
original section 5(e) order and SNUR required treatment of the
substances only at the site of manufacture or processing.
In light of the exposure control requirements in the section 5(e)
order and these SNURs, the PMN submitter petitioned and EPA determined
that this restriction was not necessary to protect human health and the
environment. The modified section 5(e) order no longer requires only
on-site wastewater treatment. The modification of SNUR provisions for
these substances designated herein is consistent with the modification
of the section 5(e) order.
III. Rulemaking Record
The record for these rules which EPA is modifying was established
at OPPTS-50584. This record includes information considered by the
Agency in developing these rules and includes the modification to the
consent order to which the Agency has responded with this final rule.
IV. Regulatory Assessment Requirements
A. Executive Order 12866
Under Executive Order 12866 (58 FR 51735, October 4, 1993), the
Agency must determine whether the regulatory action is ``significant''
and therefore subject to review by the Office of Management and Budget
(OMB) and the requirements of the Executive Order. Under section 3(f),
the order defines a ``significant regulatory action'' as an action that
is likely to result in a rule: (1) Having an annual effect on the
economy of $100 million or more, or adversely and materially affecting
a sector of the economy, productivity, competition, jobs, the
environment, public health or safety, or State, local or tribal
governments or communities (also referred to as ``economically
significant''); (2) creating serious inconsistency or otherwise
interfering with an action taken or planned by another agency; (3)
materially altering the budgetary impacts of entitlement, grants, user
fees, or loan programs or the rights and obligations of recipients
thereof; or (4) raising novel legal or policy issues arising out of
legal mandates, the President's priorities, or the principles set forth
in this Executive Order.
Pursuant to the terms of this Executive Order, it has been
determined that this proposed rule is not ``significant'' and is
therefore not subject to OMB review.
B. Regulatory Flexibility Act
Under the Regulatory Flexibility Act (5 U.S.C. 605(b)), EPA has
determined that this rule would not have a significant impact on a
substantial number of small businesses. EPA has not determined whether
parties affected by this rule would likely be small businesses.
However, EPA expects to receive few SNUR notices for the substances.
Therefore, EPA believes that the number of small businesses affected by
this rule would not be substantial, even if all of the SNUR notice
submitters were small firms.
C. Paperwork Reduction Act
OMB has approved the information collection requirements contained
in this rule under the provisions of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.), and has assigned OMB control number 2070-0012.
Public reporting burden for this collection of information is
estimated to vary from 30 to 170 hours per response, with an average of
100 hours per response, including time for reviewing instructions,
searching existing data sources, gathering and maintaining the data
needed, and completing and reviewing the collection of information.
Send comments regarding the burden estimate or any other aspect of
this collection of information, including suggestions for reducing this
burden, to Chief, Information Policy Branch, 2131, U.S. Environmental
Protection Agency, 401 M St., SW., Washington, DC 20460; and to Office
of Information and Regulatory Affairs, Office of Management and Budget,
Washington, DC 20503, marked ``Attention: Desk Officer for EPA.''
List of Subjects in 40 CFR Part 721
Environmental protection, Chemicals, Hazardous materials, Reporting
and recordkeeping requirements, Significant new uses.
Dated: December 1, 1994.
Joseph A. Carra,
Acting Director, 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).
2. In Sec. 721.8675 by revising paragraphs (a)(1)(i)(D) and
(a)(2)(i)(D) to read as follows:
Sec. 721.8675 Halogenated pyridines.
(a) * * *
(1) * * *
(i) * * *
(D) Release to water. Requirements as specified in
Sec. 721.90(a)(4), (b)(4), and (c)(4) (concentration set at 0.2 ppb).
Where primary, secondary, and tertiary waste treatment will occur, or
treatment in a lined, self-contained solar evaporation pond where UV
light will degrade the substance, the number of kilograms per day per
site is calculated after wastewater treatment.
* * * * *
(2) * * *
(i) * * *
(D) Release to water. Requirements as specified in
Sec. 721.90(a)(4), (b)(4), and (c)(4) (concentration set at 0.2 ppb).
Where primary, secondary, and tertiary waste treatment will occur, or
treatment in a lined, self-contained solar evaporation pond where UV
light will degrade the substance, the number of kilograms per day per
site is calculated after wastewater treatment.
* * * * *
3. In Sec. 721.8700 by revising paragraphs (a)(1)(i)(D) and
(a)(2)(i)(D) to read as follows:
Sec. 721.8700 Halogenated alkyl pyridine.
(a) * * *
(1) * * *
(i) * * *
(D) Release to water. Requirements as specified in
Sec. 721.90(a)(4), (b)(4), and (c)(4) (concentration set at 10 ppb).
Where primary, secondary, and tertiary waste treatment will occur, or
treatment in a lined, self-contained solar evaporation pond where UV
light will degrade the substance, the number of kilograms per day per
site is calculated after wastewater treatment.
* * * * *
(2) * * *
(i) * * *
(D) Release to water. Requirements as specified in
Sec. 721.90(a)(4), (b)(4), and (c)(4) (concentration set at 0.2 ppb).
Where primary, secondary, and tertiary waste treatment will occur, or
treatment in a lined, self-contained solar evaporation pond where UV
light will degrade the substance, the number of kilograms per day per
site is calculated after wastewater treatment.
* * * * *
4. In Sec. 721.8750 by revising paragraph (a)(2)(iv) to read as
follows:
721.8750 Halogenated substituted pyridines.
(a) * * *
(2) * * *
(iv) Release to water. Requirements as specified in
Sec. 721.90(a)(4), (b)(4), and (c)(4) (concentration set at 1 ppb).
Where primary, secondary, and tertiary waste treatment will occur, or
treatment in a lined, self-contained solar evaporation pond where UV
light will degrade the substance, the number of kilograms per day per
site is calculated after wastewater treatment.
* * * * *
5. In Sec. 721.8775 by revising paragraphs (a)(1)(i)(D),
(a)(2)(i)(D), (a)(3)(i)(D), and (a)(4)(i)(D) to read as follows:
Sec. 721.8775 Substituted pyridines.
(a) * * *
(1) * * *
(i) * * *
(D) Release to water. Requirements as specified in
Sec. 721.90(a)(4), (b)(4), and (c)(4) (concentration set at 10 ppb).
Where primary, secondary, and tertiary waste treatment will occur, or
treatment in a lined, self-contained solar evaporation pond where UV
light will degrade the substance, the number of kilograms per day per
site is calculated after wastewater treatment.
* * * * *
(2) * * *
(i) * * *
(D) Release to water. Requirements as specified in
Sec. 721.90(a)(4), (b)(4), and (c)(4) (concentration set at 0.2 ppb).
Where primary, secondary, and tertiary waste treatment will occur, or
treatment in a lined, self-contained solar evaporation pond where UV
light will degrade the substance, the number of kilograms per day per
site is calculated after wastewater treatment.
* * * * *
(3) * * *
(i) * * *
(D) Release to water. Requirements as specified in
Sec. 721.90(a)(4), (b)(4), and (c)(4) (concentration set at 10 ppb).
Where primary, secondary, and tertiary waste treatment will occur, or
treatment in a lined, self-contained solar evaporation pond where UV
light will degrade the substance, the number of kilograms per day per
site is calculated after wastewater treatment.
* * * * *
(4) * * *
(i) * * *
(D) Release to water. Requirements as specified in
Sec. 721.90(a)(4), (b)(4), and (c)(4) (concentration set at 1.3 ppb).
Where primary, secondary, and tertiary waste treatment will occur or
treatment in a lined, self-contained solar evaporation pond where UV
light will degrade the substance, the number of kilograms per day per
site is calculated after wastewater treatment.
* * * * *
6. In Sec. 721.8850 by revising paragraph (a)(2)(iv) to read as
follows:
Sec. 721.8850 Disubstituted halogenated pyridinol.
(a) * * *
(2) * * *
(iv) Release to water. Requirements as specified in
Sec. 721.90(a)(4), (b)(4), and (c)(4) (concentration set at 44 ppb).
Where primary, secondary, and tertiary waste treatment will occur, or
treatment in a lined, self-contained solar evaporation pond where UV
light will degrade the substance, the number of kilograms per day per
site is calculated after wastewater treatment.
* * * * *
7. In Sec. 721.8875 by revising paragraph (a)(2)(iv) to read as
follows:
Sec. 721.8875 Substituted halogenated pyridinol.
(a) * * *
(2) * * *
(iv) Release to water. Requirements as specified in
Sec. 721.90(a)(4), (b)(4), and (c)(4) (concentration set at 44 ppb).
Where primary, secondary, and tertiary waste treatment will occur, or
treatment in a lined, self-contained solar evaporation pond where UV
light will degrade the substance, the number of kilograms per day per
site is calculated after wastewater treatment.
* * * * *
8. In Sec. 721.8900 by revising paragraphs (a)(2)(iv) to read as
follows:
Sec. 721.8900 Substituted halogenated pyridinol, alkali salt.
(a) * * *
(2) * * *
(iv) Release to water. Requirements as specified in
Sec. 721.90(a)(4), (b)(4), and (c)(4) (concentration set at 44 ppb).
Where primary, secondary, and tertiary waste treatment will occur, or
treatment in a lined, self-contained solar evaporation pond where UV
light will degrade the substance, the number of kilograms per day per
site is calculated after wastewater treatment.
* * * * *
[FR Doc. 94-31929 Filed 12-27-94; 8:45 am]
BILLING CODE 6560-50-F
