96-4251. Revocation of Anthraquinone Recordkeeping and Reporting Requirements

[Federal Register Volume 61, Number 38 (Monday, February 26, 1996)]
[Rules and Regulations]
[Pages 7076-7077]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4251]



-----------------------------------------------------------------------


ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 704

[OPPTS-82047; FRL-4982-7]


Revocation of Anthraquinone Recordkeeping and Reporting 
Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This document announces the revocation of the Toxic Substances 
Control Act (TSCA) section 8(a) information gathering rule on 
anthraquinone (CAS number 84-65-1), issued in the Federal Register of 
June 4, 1987. Data, as developed under the first tier of testing of an 
associated TSCA section 4 test rule (40 CFR 799.500), did not meet the 
hazard triggers for the second tier of testing under that rule. Thus, 
the section 8(a) reporting requirement, which has served as a mechanism 
to gather production/import level information that provided the basis 
for a production/import level trigger for the second tier of testing, 
is no longer needed.

EFFECTIVE DATE: This final rule takes effect on February 26, 1996.

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: [phone], TDD: [phone], 
e-mail: [e-mail].

SUPPLEMENTARY INFORMATION:

I. Regulatory History

    On November 29, 1984 (49 FR 46931), the Interagency Testing 
Committee (ITC) designated anthraquinone for priority testing 
consideration and recommended chemical fate and ecological effects 
testing. In response, EPA proposed a TSCA section 4 test rule and a 
TSCA section 8(a) reporting and recordkeeping rule for anthraquinone 
(50 FR 46090, November 6, 1985). These rules were finalized on June 4, 
1987 (52 FR 21018), and codified at 40 CFR 799.500 and 704.30, 
respectively.
    Under section 4(a)(1)(B) of TSCA, EPA required tiered testing. The 
first tier included: Water solubility; acute toxicity to chinook salmon 
or coho salmon, bluegill, and rainbow trout; acute toxicity to the 
invertebrates Daphnia magna or D. pulex and oyster; marine sediment 
toxicity to the amphipod Rhepoxynius abronius; and oyster 
bioconcentration. A second tier of testing would have been triggered if 
the Tier I test results met certain criteria and if the information 
reported under the section 8(a) rule indicated production/import volume 
in excess of 3 million lbs/yr. The second tier of tests included: 
Chronic toxicity in fish, chronic toxicity in Daphnia, biodegradability 
in sludge systems, and biodegradation rate. In the section 8(a) rule, 
EPA required that manufacturers (including importers) of anthraquinone 
submit an annual report to EPA stating the volume of anthraquinone 
manufactured or imported during their latest corporate fiscal year.
    The last Tier I testing was submitted to EPA on August 21, 1989. 
Results of the Tier 1 tests, as conducted, did not meet the hazard 
triggers for Tier 2 testing, and Tier 2 testing was not triggered. The 
anthraquinone test rule had a sunset date of August 21, 1994, and was 
removed from the Code of Federal Regulations (CFR) by a final rule 
issued on June 19, 1995 (60 FR 21917). Because requirements under the 
test rule ended on August 21, 1994, there is no need for the continued 
annual reporting of production and import volumes of anthraquinone 
under 40 CFR 704.30.

II. Revocation of Anthraquinone Recordkeeping and Reporting 
Requirements

    EPA is revoking the section 8(a) recordkeeping and reporting 
requirements at 40 CFR 704.30.

III. Analyses Under E.O. 12866, the Unfunded Mandates Act of 1995, 
the Regulatory Flexibility Act, and the Paperwork Reduction Act

    Because this action eliminates certain requirements, this action is 
not significant within the meaning of Executive Order 12866 (58 FR 
51735, October 4, 1993), and does not impose any Federal mandate on any 
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 will not have a 
significant impact on a substantial number of small entities. 
Additionally, because this rule eliminates reporting requirements, this 
action does not affect requirements under the Paperwork Reduction Act, 
44 U.S.C. 3501.

IV. Public Docket

    A record has been established for this rulemaking under docket 
number ``OPPTS-82047.'' A public version of this record, 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 public record is located 
in the TSCA Nonconfidential Information Center, Rm. NE-B607, 401 M St., 
SW., Washington, DC.

List of Subjects in 40 CFR Part 704

    Environmental protection, Chemicals, Hazardous substances, 
Reporting and recordkeeping requirements.
    Dated: January 31, 1996.
Lynn R. Goldman,
Assistant Administrator for Prevention, Pesticides and Toxic 
Substances.

    Therefore, 40 CFR chapter I is amended to read as follows:

PART 704--[AMENDED]

    1. The authority citation for part 704 continues to read as 
follows:

    Authority: 15 U.S.C. 2607(a).


[[Page 7077]]


Sec. 704.30 [Removed]

    2. Section 704.30 is removed.

[FR Doc. 96-4251 Filed 2-23-96; 8:45 am]
BILLING CODE 6560-50-F