[Federal Register Volume 62, Number 104 (Friday, May 30, 1997)]
[Proposed Rules]
[Pages 29318-29319]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-14199]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 799
[OPPTS-42187H; FRL-5722-1]
RIN 2070-AC76
Proposed Test Rule for Hazardous Air Pollutants; Extension of
Comment Period on Proposed Rule
AGENCY: Environmental Protection Agency (EPA).
ACTION: Extension of comment period on proposed test rule.
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SUMMARY: EPA is extending the public comment period from June 30, 1997,
to August 15, 1997, on the proposed rule to require the testing of 21
hazardous air pollutants (HAPs) for certain health effects. This
proposed rule was published in the Federal Register on June 26, 1996
(61 FR 33178)(FRL-4869-1). On March 28, 1997, EPA extended the public
comment period from March 30, 1997, to June 30, 1997 (62 FR 14850)(FRL-
5598-4).
DATES: Written comments on the proposed rule must be received by EPA on
or before August 15, 1997.
[[Page 29319]]
ADDRESSES: Submit three copies of written comments on the proposed HAPs
test rule, identified by document control number (OPPTS-42187A; FRL-
4869-1) to: U.S. Environmental Protection Agency, Office of Pollution
Prevention and Toxics (OPPT), Document Control Office (7407), Rm. G-
099, 401 M St., SW., Washington, DC 20460.
Comments and data may also be submitted electronically by following
the instructions under Unit II. of this document. No Confidential
Business Information (CBI) should be submitted through e-mail.
FOR FURTHER INFORMATION CONTACT: Susan B. Hazen, Director,
Environmental Assistance Division (7408), Rm. ET-543B, Office of
Pollution Prevention and Toxics, U.S. Environmental Protection Agency,
401 M St., SW., Washington, DC 20460; telephone 202-554-1404; TDD: 202-
554-0551; e-mail: TSCA-Hotline@epamail.epa.gov.
For technical information contact: Richard W. Leukroth, Jr ,
Project Manager, Chemical Control Division (7405), Office of Pollution
Prevention and Toxics, U.S. Environmental Protection Agency, 401 M St.,
SW., Washington, DC 20460; telephone: 202-260-0321; fax: 202-260-8850;
e-mail: leukroth.rich@epamail.epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On June 26, 1996 (61 FR 33178), EPA proposed health effects
testing, under section 4(a) of the Toxic Substances Control Act (TSCA),
of the following hazardous air pollutants (HAPs): 1,1'-biphenyl,
carbonyl sulfide, chlorine, chlorobenzene, chloroprene, cresols [3
isomers], diethanolamine, ethylbenzene, ethylene dichloride, ethylene
glycol, hydrochloric acid, hydrogen fluoride, maleic anhydride, methyl
isobutyl ketone, methyl methacrylate, naphthalene, phenol, phthalic
anhydride, 1,2,4-trichlorobenzene, 1,1,2-trichloroethane, and
vinylidene chloride. EPA would use the data generated under the rule to
implement several provisions of section 112 of the Clean Air Act and to
meet other EPA data needs and those of other Federal agencies. In the
HAPs proposal, EPA invited the submission of proposals for
pharmacokinetics (PK) studies for the HAPs chemicals, which could
provide the basis for negotiation of enforcable consent agreements
(ECAs). These PK studies would be used to conduct route-to-route
extrapolation of toxicity data from routes other than inhalation to
predict the effects of inhalation exposure, as an alternative to
testing proposed under the HAPs rule.
On October 18, 1996, EPA extended the public comment period on the
proposed rule from December 23, 1996, to January 31, 1997 (61 FR 54383)
(FRL-5571-3). This extension was for the purpose of allowing more time
for the submission of PK proposals and adequate time for comments on
the proposed rule to be submitted after the Agency had responded to the
proposals. EPA received several PK proposals. Due to the complexity of
the issues raised by these proposals, EPA successively extended the
public comment period (61 FR 67516, December 23, 1996 (FRL-5580-6); 62
FR 9142, February 28, 1997 (FRL-5592-1); 62 FR 14850, March 28, 1997
(FRL-5598-4)) to allow the Agency more time to respond to the PK
proposals and to finalize the test guidelines to be referenced in the
proposed HAPs test rule.
The HAPs proposed rule published on June 26, 1996 (61 FR 33178)
provides that testing would be conducted using the harmonized
guidelines developed by the Office of Prevention, Pesticides, and Toxic
Substances (OPPTS) that were proposed on June 20, 1996 (61 FR
31522)(FRL-5367-7). The process of developing these guidelines is
proceeding at the same time as the development of the HAPs test rule.
For the purposes of the proposed HAPs test rule and testing under TSCA
section 4(a), the Office of Pollution Prevention and Toxics (OPPT)
intends to promulgate final TSCA test guidelines. The Agency will
solicit public comment on the applicability of the test guidelines to
the HAPs rule and will follow this practice with respect to all future
TSCA section 4(a) test rules. These guidelines will be published in the
Federal Register as soon as possible but in any event no later than
July 15, 1997.
EPA analysis of the PK proposals continue. The Agency intends to
provide comments to all submitters of PK proposals as soon as possible
but, at any event prior to the close of the comment period. EPA also
recognizes that submitters may need to revise their proposals based on
EPA comments. In addition, the Agency believes that the public should
have adequate opportunity to comment on the development of ECAs based
on the PK proposals. If the Agency finds the original or revised PK
proposals acceptable, EPA will therefore announce, in the Federal
Register, one or more public meetings to discuss the proposals and to
negotiate ECAs based on the proposals. In that notice, the Agency will
solicit persons interested in participating in or monitoring
negotiations for the development of ECAs based on the revised PK
testing proposals. The procedures for ECA negotiations are described at
40 CFR 790.22(b).
The Agency emphasizes that the submission of proposals to develop
ECAs to conduct alternative testing using PK is no guarantee that EPA
and the submitters will, in fact, conclude such agreements. Therefore,
EPA urges all submitters of PK proposals to comment on the HAPs
proposed rule as an activity separate from the PK proposal/ECA process.
II. Public Record
The official record for this rulemaking, as well as the public
version, has been established for this rulemaking under document
control number [OPPTS-42187A; FRL-4869-1] (including comments and data
submitted electronically as described below). A public version of this
record, including printed, paper versions of electronic comments, which
does not include any information claimed as CBI, is available for
inspection from 12 noon to 4 p.m., Monday through Friday, excluding
legal holidays. The official rulemaking record is located at the
address in ``ADDRESSES'' at the beginning of this document.
Electronic comments can be sent directly to EPA at:
oppt.ncic@epamail.epa.gov
Electronic comments must be submitted as an ASCII file avoiding the
use of special characters and any form of encryption. Comments and data
will also be accepted on disks in WordPerfect in 5.1 file format or
ASCII file format. All comments and data in electronic form must be
identified by the document control number [OPPTS-42187A; FRL-4869-1].
Electronic comments on this proposed rule may be filed online at many
Federal Depository Libraries.
List of Subjects in 40 CFR Part 799
Environmental protection, Chemicals, Hazardous substances,
Reporting and recordkeeping requirements.
Dated: May 27, 1997.
Charles M. Auer,
Director, Chemical Control Division, Office of Pollution Prevention and
Toxics.
Accordingly, EPA is extending the comment period on the proposed
rule to August 15, 1997.
[FR Doc. 97-14199 Filed 5-29-97; 8:45 am]
BILLING CODE 6560-50-F
