[Federal Register Volume 59, Number 147 (Tuesday, August 2, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-18761]
[[Page Unknown]]
[Federal Register: August 2, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 721
[OPPTS-50603C; FRL-4752-2]
RIN 2070-AB27
Polymer of Substituted Aryl Olefin; Significant New Use Rule
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is issuing a significant new use rule (SNUR) under section
5(a)(2) of the Toxic Substances Control Act (TSCA) for the chemical
substance described generically as a polymer of substituted aryl olefin
which is the subject of premanufacture notice (PMN) P-85-612, and which
is subject to a TSCA section 5(e) consent order issued by EPA. This
rule would require persons who intend to manufacture, import, or
process this substance for a significant new use to notify EPA at least
90 days before commencing any manufacturing, importing, or processing
activities for a use designated by this SNUR as a significant new use.
The required notice would provide EPA with the opportunity to evaluate
the intended use and, if necessary, to prohibit or limit that activity
before it can occur.
EFFECTIVE DATES: The effective date of this rule is October 3, 1994.
This rule shall be promulgated for purposes of judicial review at 1
p.m. Eastern Standard Time on August 16, 1994.
FOR FURTHER INFORMATION CONTACT: Susan B. Hazen, Director,
Environmental Assistance Division (7408), Office of Pollution
Prevention and Toxics, Environmental Protection Agency, Rm. E-543B, 401
M St., SW., Washington, DC 20460, Telephone: (202) 554-1404, TDD: (202)
554-0551.
SUPPLEMENTARY INFORMATION: This SNUR would require persons to notify
EPA at least 90 days before commencing the manufacture, import, or
processing of a polymer of substituted aryl olefin (P-85-612) for the
significant new uses designated herein. The required notice would
provide EPA with information with which to evaluate an intended use and
associated activities.
I. Authority
Section 5(a)(2) of TSCA (15 U.S.C. 2604(a)(2)) authorizes EPA to
determine that a use of a chemical substance is a ``significant new
use.'' EPA must make this determination by rule after considering all
relevant factors, including those listed in section 5(a)(2). Once EPA
determines that a use of a chemical substance is a significant new use,
section 5(a)(1)(B) of TSCA requires persons to submit a notice to EPA
at least 90 days before they manufacture, import, or process the
chemical substance for that use. Section 26(c) of TSCA authorizes EPA
to take action under section 5(a)(2) with respect to a category of
chemical substances.
Persons subject to this SNUR would comply with the same notice
requirements and EPA regulatory procedures as submitters of
premanufacture notices under section 5(a)(1) of TSCA. In particular,
these requirements include the information submission requirements of
section 5(b) and (d)(1), the exemptions authorized by section 5(h)(1),
(h)(2), (h)(3), and (h)(5), and the regulations at 40 CFR part 720.
Once EPA receives a SNUR notice, EPA may take regulatory action under
section 5(e), 5(f), 6, or 7 to control the activities for which it has
received a SNUR notice. If EPA does not take action, section 5(g) of
TSCA requires EPA to explain in the Federal Register its reasons for
not taking action.
Persons who intend to export a substance identified in a proposed
or final SNUR are subject to the export notification provisions of TSCA
section 12(b). The regulations that interpret section 12(b) appear at
40 CFR part 707.
II. Applicability of General Provisions
General regulatory provisions applicable to SNURs are codified at
40 CFR part 721, subpart A. On July 27, 1988 (53 FR 28354), and July
27, 1989 (54 FR 31298), EPA promulgated amendments to the general
provisions which apply to this SNUR. In the Federal Register of August
17, 1988 (53 FR 31252), EPA promulgated a ``User Fee Rule'' (40 CFR
part 700) under the authority of TSCA section 26(b). Provisions
requiring persons submitting significant new use notices to submit
certain fees to EPA are discussed in detail in that Federal Register
document. Interested persons should refer to these documents for
further information.
III. Background
EPA published a direct final SNUR for polymer of substituted aryl
olefin, which was the subject of PMN P-85-612 and a TSCA section 5(e)
consent order issued by EPA, in the Federal Register of July 20, 1992
(57 FR 31963). EPA received adverse comments following publication.
Therefore, as required by Sec. 721.160, the direct final SNUR for P-85-
612 was withdrawn on August 31, 1993 (58 FR 45842). A proposed rule on
the substance was issued on August 31, 1993 (58 FR 45871), that
responded to the adverse comments.
The background and reasons for the SNUR are set forth in the
preamble to the proposed rule. The Agency received no public comment
concerning the proposed SNUR. As a result EPA is issuing the final SNUR
as proposed.
IV. Applicability of SNUR to Uses Occurring Before Effective Date
of the Final SNUR
EPA has decided that the intent of section 5(a)(1)(B) is best
served by designating a use as a significant new use as of the date of
the Federal Register notice that first identifies the new use rather
than as of the effective date of the rule. Because this SNUR was first
published on July 20, 1992, as a direct final rule, that date will
serve as the date after which uses will be considered to be new uses.
If uses which had commenced between that date and the effective date of
this rulemaking were considered ongoing, rather than new, any person
could defeat the SNUR by initiating a significant new use before the
effective date. This would make it difficult for EPA to establish SNUR
notice requirements. Thus, persons who begin commercial manufacture,
import, or processing of the substance for uses regulated through this
SNUR after July 20, 1992, will have to cease any such activity before
the effective date of this rule. To resume their activities, such
persons would have to comply with all applicable SNUR notice
requirements and wait until the notice review period, including all
extensions, expires. EPA, not wishing to unnecessarily disrupt the
activities of persons who begin commercial manufacture, import, or
processing for a proposed significant new use before the effective date
of the SNUR, has promulgated provisions to allow such persons to comply
with this SNUR before it is promulgated. If a person were to meet the
conditions of advance compliance as codified at Sec. 721.45(h), the
person would be considered to have met the requirements of the final
SNUR for those activities. If persons who begin commercial manufacture,
import, or processing of the substance between proposal and the
effective date of the SNUR do not meet the conditions of advance
compliance, they must cease that activity before the effective date of
the rule. To resume their activities, these persons would have to
comply with all applicable SNUR notice requirements and wait until the
notice review period, including all extensions, expires.
V. Economic Analysis
EPA has evaluated the potential costs of establishing significant
new use notice requirements for potential manufacturers, importers, and
processors of the chemical substance at the time of the direct final
rule. The analysis is unchanged for the substance in this rule. The
Agency's complete economic analysis is available in the public record
for this rule (OPPTS-50603).
VI. Rulemaking Record
EPA has established a record for this rulemaking (OPPTS-50603C).
The record includes basic information considered by the Agency in
developing this rule. EPA will supplement the record with additional
information as it is received. EPA will identify the complete
rulemaking record by the date of promulgation.
A public version of the record, without any confidential business
information (CBI), is available in the TSCA Nonconfidential Information
Center (NCIC), also known as, TSCA Public Docket Office, from 12 noon
to 4 p.m., Monday through Friday, except legal holidays. NCIC is
located in Rm. NE-B607, 401 M St., SW., Washington, DC 20460.
VII. Regulatory Assessment Requirements
A. Executive Order 12866
Under Executive Order 12866 (58 FR 51735, October 4, 1993), the
Agency must determine whether the regulatory action is ``significant''
and therefore subject to review by the Office of Management and Budget
(OMB) and the requirements of the Executive Order. Under section 3(f),
the order defines a ``significant regulatory action'' as an action that
is likely to result in a rule: (1) Having an annual effect on the
economy of $100 million or more, or adversely and materially affecting
a sector of the economy, productivity, competition, jobs, the
environment, public health or safety, or State, local or tribal
governments or communities (also referred to as ``economically
significant''); (2) creating serious inconsistency or otherwise
interfering with an action taken or planned by another agency; (3)
materially altering the budgetary impacts of entitlement, grants, user
fees, or loan programs or the rights and obligations of recipients
thereof; or (4) raising novel legal or policy issues arising out of
legal mandates, the President's priorities, or the principles set forth
in this Executive Order. Pursuant to the terms of this Executive Order,
EPA has determined that this rule is not ``significant'' and is
therefore not subject to OMB review.
B. Regulatory Flexibility Act
Under the Regulatory Flexibility Act (5 U.S.C. 605(b)), EPA has
determined that this rule would not have a significant impact on a
substantial number of small businesses. EPA has not determined whether
parties affected by this rule would likely be small businesses.
However, EPA expects to receive few SNUR notices for the substance.
Therefore, EPA believes that the number of small businesses affected by
this rule would not be substantial, even if all of the SNUR notice
submitters were small firms.
C. Paperwork Reduction Act
OMB has approved the information collection requirements contained
in this rule under the provisions of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.), and has assigned OMB control number 2070-0012.
Public reporting burden for this collection of information is
estimated to vary from 30 to 170 hours per response, with an average of
100 hours per response, including time for reviewing instructions,
searching existing data sources, gathering and maintaining the data
needed, and completing and reviewing the collection of information.
List of Subjects in 40 CFR Part 721
Environmental protection, Chemicals, Hazardous materials,
Recordkeeping and reporting requirements, Significant new uses.
Dated: July 26, 1994.
Susan H. Wayland,
Acting Assistant Administrator for Prevention, Pesticides and Toxic
Substances.
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).
2. By adding new Sec. 721.6820 to subpart E to read as follows:
Sec. 721.6820 Polymer of substituted aryl olefin.
(a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as polymer
of substituted aryl olefin (PMN P-85-612) is subject to reporting under
this section for the significant new uses described in paragraph (a)(2)
of this section. The requirements of this section do not apply once the
substance has been encapsulated into a plastic matrix.
(2) The significant new uses are:
(i) Protection in the workplace. Requirements as specified in
Sec. 721.63(a)(1), (a)(2)(i), (a)(2)(iii), (a)(2)(iv), (a)(3), (a)(4),
(a)(5)(vii), (a)(6)(i), (a)(6)(ii), (a)(6)(iii), (b) (concentration set
at 1.0 percent), and (c).
(ii) Hazard communication program. Requirements as specified in
Sec. 721.72(a), (b), (c), (d), (e) (concentration set at 1.0 percent),
(f), (g)(1)(iii), (g)(1)(iv), (g)(1)(vi), (g)(2), (g)(4), and (g)(5).
(iii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec. 721.80(k).
(iv) Disposal. Requirements as specified in Sec. 721.85(a)(1),
(a)(2), (b)(1), (b)(2), (c)(1), (c)(2), and any disposal associated
with any use, or with manufacturing or processing associated with any
use other than by means of recycling.
(b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph.
(1) Recordkeeping requirements. Recordkeeping requirements as
specified in Sec. 721.125(a) through (j) are applicable to
manufacturers, importers, and processors of this substance.
(2) Limitations or revocation of certain notification requirements.
The provisions of Sec. 721.185 apply to this section.
[FR Doc. 94-18761 Filed 8-1-94; 8:45 am]
BILLING CODE 6560-50-F
