[Federal Register Volume 59, Number 150 (Friday, August 5, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-19194]
[[Page Unknown]]
[Federal Register: August 5, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 721
[OPPTS-50601A; FRL-4761-7]
Pentaerythritol, Mixed Esters with Carboxylic Acids; Revocation
of a Significant New Use Rule
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing to revoke a significant new use rule (SNUR)
promulgated under section 5(a)(2) of the Toxic Substances Control Act
(TSCA) for pentaerythritol, mixed esters with carboxylic acids based on
receipt of toxicity data. The data indicate that for purposes of TSCA
section 5 the substance will not present an unreasonable risk to
health.
DATES: Written comments must be received by EPA by September 6, 1994.
ADDRESSES: All comments must be sent in triplicate to: U.S.
Environmental Protection Agency, ATTN: OPPT Document Receipt Office
(7407), 401 M St. SW., Rm. E-G99, Washington, DC 20460. Comments that
are confidential must be clearly marked confidential business
information (CBI). If CBI is claimed, three additional sanitized copies
must also be submitted. Nonconfidential versions of comments on this
proposed rule will be placed in the rulemaking record and will be
available for public inspection. Comments should include the docket
control number. The docket control number for the chemical substance in
this SNUR is OPPTS-50601A. Unit III. of this preamble contains
additional information on submitting comments containing CBI.
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: In the Federal Register of September 23,
1992 (57 FR 44050), EPA issued a SNUR establishing significant new uses
for pentaerythritol, mixed esters with carboxylic acids (P-91-1250).
Because of additional data EPA has received for this substance, EPA is
proposing to revoke this SNUR.
I. Proposed Revocation
EPA is proposing to revoke the significant new use and
recordkeeping requirements for the following chemical substance under
40 CFR part 721 subpart E. In this unit, EPA provides a brief
description for the substance, including its PMN number, chemical name
(generic name if the specific name is claimed as CBI), CAS citation (if
assigned), basis for the revocation of the section 5(e) consent order
for the substance, and the CFR citation removed in the regulatory text
section of this proposed rule. Further background information for the
substance is contained in the rulemaking record referenced in Unit IV.
of this preamble.
PMN Number P-91-1250
Chemical name: (generic) Pentaerythritol, mixed esters with carboxylic
acids.
CAS number: Not available.
Effective date of revocation of section 5(e) consent order: December 7,
1993.
Basis for revocation of section 5(e) consent order: The order was
revoked based on test data submitted under the terms of the consent
order. Based on the Agency's analysis of the submitted data, EPA has
sufficient information to determine for purposes of TSCA section 5,
that the manufacture, processing, distribution in commerce, use, or
disposal of the PMN substance will not present an unreasonable risk to
human health. Accordingly, EPA has determined that further regulation
under section 5(e) is not warranted at this time.
Toxicity testing results: A mouse micronucleus assay of the substance
was negative. In a 28-day dietary study the No Observed Adverse Effect
Level (NOAEL) was 1,000 ppm (parts per million) (approximately 110 mg/
kg/day). Toxicity at higher doses of 5,000 and 12,500 ppm consisted of
mild anemia and liver effects.
CFR citation: 40 CFR 721.5660.
II. Background and Rationale for Proposed Revocation of the Rule
During review of the PMN submitted for the chemical substance that
is the subject of this proposed revocation, EPA concluded that
regulation was warranted under section 5(e) of TSCA pending the
development of information sufficient to make a reasoned evaluation of
the health effects of the substance, and that the substance is expected
to be produced in substantial quantities and there may be significant
or substantial environmental exposure. EPA identified the tests
necessary to make a reasoned evaluation of the risks posed by the
substance to human health. Based on these findings, a section 5(e)
consent order was negotiated with the PMN submitter and a SNUR was
promulgated. EPA reviewed testing conducted by the PMN submitter
pursuant to the 5(e) consent order for the substance and determined
that the information available was sufficient to make a reasoned
evaluation of the health effects of the substance. EPA concluded that,
for the purposes of TSCA section 5, the substance will not present an
unreasonable risk and consequently revoked the section 5(e) consent
order. The proposed revocation of SNUR provisions for the substance
designated herein is consistent with the revocation of the section 5(e)
order. In light of the above, EPA is proposing a revocation of SNUR
provisions for this chemical substance. EPA will no longer require
notice of any company's intent to manufacture, import, or process this
substance. In addition, export notification under section 12(b) of TSCA
will no longer be required.
III. Comments Containing Confidential Business Information
Any person who submits comments claimed as CBI must mark the
comments as ``confidential,'' ``trade secret,'' or other appropriate
designation. Comments not claimed as confidential at the time of
submission will be placed in the public file. Any comments marked as
confidential will be treated in accordance with the procedures in 40
CFR part 2. Any party submitting comments claimed to be confidential
must prepare and submit a public version of the comments that EPA can
place in the public file.
IV. Rulemaking Record
The record for the rule which EPA is proposing to revoke was
established at OPPTS-50601A (P-91-1250). This record includes
information considered by the Agency in developing the rule and
includes the test data that formed the basis for this proposal.
V. Regulatory Assessment Requirements
EPA is proposing to revoke the requirements of the rule. Any costs
or burdens associated with the rule will also be eliminated when the
rule is revoked. Therefore, EPA finds that no costs or burdens must be
assessed under Executive Order 12866, the Regulatory Flexibility Act (5
U.S.C. 605(b)), or the Paperwork Reduction Act (44 U.S.C. 3501 et
seq.).
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, it is proposed that 40 CFR part 721 be 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. 721.5660 [Removed]
2. By removing Sec. 721.5660.
[FR Doc. 94-19194 Filed 8-4-94; 8:45 am]
BILLING CODE 6560-50-F