[Federal Register Volume 63, Number 37 (Wednesday, February 25, 1998)]
[Rules and Regulations]
[Pages 9442-9443]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-4791]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 721
[OPPTS-50629A; FRL-5769-1]
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 12
chemical substances promulgated under section 5(a)(2) of the Toxic
Substances Control Act (TSCA). Based on the new data the Agency no
longer finds that activities not described in the corresponding TSCA
section 5(e) consent orders or the premanufacture notices (PMN) for
these chemical substances may result in significant changes in human or
environmental exposure.
DATES: This rule is effective March 27, 1998.
FOR FURTHER INFORMATION CONTACT: Susan B. Hazen, Director,
Environmental Assistance Division (7408), Office of Pollution
Prevention and Toxics, Environmental Protection Agency, Rm. E-543A, 401
M St., SW., Washington, DC 20460, telephone: (202) 554-1404, TDD: (202)
554-0551; e-mail: TSCA-Hotline@epamail.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-50582,
August 15, 1990 (55 FR 33303); OPPTS-50585, September 28, 1990 (55 FR
39899); OPPTS-50589, April 17, 1991 (56 FR 15784); OPPTS-50601,
September 23, 1992 (57 FR 44070); OPPTS-50613, October 4, 1993 (58 FR
51706); and OPPTS-50620, March 1, 1995 (60 FR 11042) (FRL-4868-4), EPA
issued a SNUR establishing significant new uses for the substances.
Because of additional 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 December 9, 1997 (62 FR 64795) (FRL-5752-9). 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
January 8, 1998. The Agency received no comments concerning the
proposed revocation. 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-50629A (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
This final 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).
Since this final 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 prior consultation as
specified by Executive Order 12875, entitled ``Enhancing the
Intergovernmental Partnership'' (58 FR 58093, October 28, 1993), or
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).
[[Page 9443]]
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.
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 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 the rule in the Federal Register. This rule is not a
``major rule'' as defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 721
Environmental protection, Chemicals, Hazardous substances,
Reporting and recordkeeping requirements.
Dated: February 13, 1998.
Ward Penberthy,
Acting 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. 721.700, 721.2840, 721.2860, 721.2880, 721.2940, 721.3200,
721.4640, 721.5990, 721.8125, 721.9260, 721.9780, 721.9962 [Removed]
2. By removing Sec. Sec. 721.700, 721.2840, 721.2860, 721.2880,
721.2940, 721.3200, 721.4640, 721.5990, 721.8125, 721.9260, 721.9780,
and 721.9962.
[FR Doc. 98-4791 Filed 2-24-98; 8:45 am]
BILLING CODE 6560-50-F
