[Federal Register Volume 62, Number 127 (Wednesday, July 2, 1997)]
[Rules and Regulations]
[Pages 35690-35691]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-17178]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 721
[OPPTS-50581D; FRL-5715-3]
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 two significant new use rules (SNUR)
promulgated under section 5(a)(2) of the Toxic Substances Control Act
(TSCA) for certain chemical substances based on new toxicity data.
Based on the data, the Agency determined that it could no longer
support a finding that activities not described in the TSCA section
5(e) consent order may result in significant changes in human exposure.
DATES: This rule is effective August 1, 1997.
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: In the Federal Register of October 31, 1990
(55 FR 45994), EPA issued a SNUR for alkenoic acid, trisubstituted-
benzyl-disubstituted-phenyl ester and alkenoic acid, trisubstituted-
phenylalkyl-disubstituted-phenyl ester. Because of additional data, EPA
has received for these substances, EPA is proposing to revoke the
SNURs.
I. Background
The Agency proposed the revocation of the SNURs for these
substances in the Federal Register of February 11, 1997 (62 FR
6160)(FRL-5580-8). The background and reasons for the revocation of the
SNURs are set forth in the preamble to the proposed revocation. The
Agency received no public comment concerning the proposed revocation.
As a result, EPA is revoking these SNURs.
II. Background and 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 the fact that activities not described in the
section 5(e) consent order may result in significant changes in human
exposure. Based on these findings, SNURs were promulgated.
EPA has revoked the section 5(e) consent order that is the basis
for these SNURs and has determined that it can no longer support a
finding that activities not described in the section 5(e) consent order
may result in significant changes in human exposure. The proposed
revocation of SNUR provisions for these substances designated herein is
consistent with this finding.
In light of the above, EPA proposed to revoke the SNUR provisions
for these chemical substances. When this revocation becomes final, EPA
will no longer require notice of any company's intent to manufacture,
import, or process these substances. In addition, export notification
under section 12(b) of TSCA will no longer be required.
III. Rulemaking Record
The official record for this rulemaking, as well as the public
version, has been established for this rulemaking under docket number
50581D (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 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
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).
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 at 62 FR 29688 (June 2,
1997), 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).
[[Page 35691]]
List of Subjects in 40 CFR Part 721
Environmental protection, Chemicals, Hazardous materials,
Recordkeeping and reporting requirements.
Dated: June 24, 1997.
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. 721.3020 [Removed]
2. By removing Sec. 721.3020.
Sec. 721.3040 [Removed]
3. By removing Sec. 721.3040.
[FR Doc. 97-17178 Filed 7-1-97; 8:45 am]
BILLING CODE 6560-50-F
