[Federal Register Volume 63, Number 46 (Tuesday, March 10, 1998)]
[Rules and Regulations]
[Pages 11608-11609]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-6101]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 721
[OPPTS-50601I; FRL-5775-2]
RIN 2070-AB27
Ethane, 1,1,1,2,2-pentafluoro-; Revocation of Significant New Use
Rule
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is revoking a significant new use rule (SNUR) promulgated
under section 5(a)(2) of the Toxic Substances Control Act (TSCA) for
ethane, 1,1,1,2,2-pentafluoro- based on the receipt of new data. Based
on the data, the Agency no longer finds that activities not described
in the
[[Page 11609]]
corresponding TSCA section 5(e) consent order may result in significant
changes in human exposure.
DATES: This rule is effective April 9, 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 of September 23, 1992 (57 FR 44064) EPA
issued a SNUR (OPPTS-50601) establishing significant new uses for
ethane, 1,1,1,2,2-pentafluoro-. Because of additional data EPA has
received for this substance, EPA is revoking this SNUR.
I. Background
The Agency proposed the revocation of this SNUR in the Federal
Register of December 13, 1995 (61 FR 64009) (FRL-4976-3). The
background and reasons for the revocation of the SNUR is set forth in
the preamble to the proposed revocation. The Agency received no
comments concerning the proposed revocation. Therefore, EPA is revoking
this rule.
II. Rationale for Revocation of the Rule
During review of the PMN submitted for the chemical substance that
is 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 order might result in
significant changes in human exposure. Based on these findings, a SNUR
was promulgated.
EPA has revoked the TSCA section 5(e) consent order that was the
basis for this SNUR and no longer finds that activities other than
those described in the TSCA section 5(e) consent order may result in
significant changes in human exposure. The revocation of SNUR
provisions for this substance is consistent with the proposed
revocation of the TSCA section 5(e) consent order.
Therefore, EPA is revoking the SNUR provisions for this chemical
substance. When this revocation becomes final, EPA will no longer
require notice of intent to manufacture, import, or process this
substance. 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-50601I (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).
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 General Accounting Office
Under 5 U.S.C. 801(a)(1)(A), as added by the Small Business
Regulatory Enforcement Fairness Act of 1996, the Agency has submitted 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 General Accounting Office prior to publication of this rule in
today's Federal Register. This 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 27, 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. 721.3240 [Removed]
2. By removing Sec. 721.3240.
[FR Doc. 98-6101 Filed 3-9-98; 8:45 am]
BILLING CODE 6560-50-F
