65486 Federal Register / Vol. 73, No. 213 / Monday, November 3, 2008 / Notices 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPPT–2008–0703; FRL–8387–6] 

Sixty-Third Report of the TSCA 

Interagency Testing Committee to the 

Administrator of the Environmental 

Protection Agency; Receipt of Report 

and Request for Comments 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: The Toxic Substances Control 

Act (TSCA) Interagency Testing 

Committee (ITC) transmitted its 63rd

Report to the Administrator of the EPA 

on October 7, 2008. In the 63rd ITC 

report, which is included with this 

notice, the ITC is revising the TSCA 

section 4(e) Priority Testing List by 

removing 1 tungsten compound and 1 

High Production Volume (HPV) 

Challenge Program orphan chemical. 

DATES: Comments must be received on 

or before December 3, 2008. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPPT–2008–0703, by 

one of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• Mail: Document Control Office 

(7407M), Office of Pollution Prevention 

and Toxics (OPPT), Environmental 

Protection Agency, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460– 

0001. 

• Hand Delivery: OPPT Document 

Control Office (DCO), EPA East Bldg., 

Rm. 6428, 1201 Constitution Ave., NW., 

Washington, DC. Attention: Docket ID 

Number EPA–HQ–OPPT–2008–0703. 

The DCO is open from 8 a.m. to 4 p.m., 

Monday through Friday, excluding legal 

holidays. The telephone number for the 

DCO is (202) 564–8930. Such deliveries 

are only accepted during the DCO’s 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

docket ID number EPA–HQ–OPPT– 

2008–0703. EPA’s policy is that all 

comments received will be included in 

the docket without change and may be 

made available on-line at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through regulations.gov or email. The regulations.gov website is an 

‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through 

regulations.gov, your e-mail address 

will be automatically captured and 

included as part of the comment that is 

placed in the docket and made available 

on the Internet. If you submit an 

electronic comment, EPA recommends 

that you include your name and other 

contact information in the body of your 

comment and with any disk or CD-ROM 

you submit. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. For additional information 

about EPA’s public docket, visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the docket 

are listed in the docket index available 

at http://www.regulations.gov. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available electronically at 

http://www.regulations.gov, or, if only 

available in hard copy, at the OPPT 

Docket. The OPPT Docket is located in 

the EPA Docket Center (EPA/DC) at Rm. 

3334, EPA West Bldg., 1301 

Constitution Ave., NW., Washington, 

DC. The EPA/DC Public Reading Room 

hours of operation are 8:30 a.m. to 4:30 

p.m., Monday through Friday, excluding 

Federal holidays. The telephone number 

of the EPA/DC Public Reading Room is 

(202) 566–1744, and the telephone 

number for the OPPT Docket is (202) 

566–0280. Docket visitors are required 

to show photographic identification, 

pass through a metal detector, and sign 

the EPA visitor log. All visitor bags are 

processed through an X-ray machine 

and subject to search. Visitors will be 

provided an EPA/DC badge that must be 

visible at all times in the building and 

returned upon departure. 

FOR FURTHER INFORMATION CONTACT: 

Colby Lintner, Regulatory Coordinator, 

Environmental Assistance Division 

(7408M), Office of Pollution Prevention 

and Toxics, Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460–0001; telephone 

number: (202) 554–1404; e-mail address: 

TSCA-Hotline@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this Action Apply to Me? 

This notice is directed to the public 

in general. It may, however, be of 

particular interest to you if you 

manufacture (defined by statute to 

include import) and/or process TSCAcovered chemicals and you may be 

identified by the North American 

Industrial Classification System 

(NAICS) codes 325 and 32411. Because 

this notice is directed to the general 

public and other entities may also be 

interested, the Agency has not 

attempted to describe all the specific 

entities that may be interested in this 

action. If you have any questions 

regarding the applicability of this action 

to a particular entity, consult the person 

listed under FOR FURTHER INFORMATION

CONTACT. 

B. What Should I Consider as I Prepare 

My Comments for EPA? 

1. Submitting CBI. Do not submit this 

information to EPA through 

regulations.gov or e-mail. Clearly mark 

the part or all of the information that 

you claim to be CBI. For CBI 

information in a disk or CD-ROM that 

you mail to EPA, mark the outside of the 

disk or CD-ROM that you mail to EPA, 

mark the outside of the disk or CD-DOM 

as CBI and then identify electronically 

within the disk or CD-ROM the specific 

information that is claimed as CBI. In 

addition to one complete version of the 

comment that includes information 

claimed as CBI, a copy of the comment 

that does not contain the information 

claimed as CBI must be submitted for 

inclusion in the public docket. 

Information so marked will not be 

disclosed except in accordance with 

procedures set forth in 40 CFR part 2. 

2. Tips for preparing your comments. 

When submitting comments, remember 

to: 

i. Identify the document by docket ID 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

ii. Follow directions. The Agency may 

ask you to respond to specific questions 

or organize comments by referencing a 

Code of Federal Regulations (CFR) part 

or section number. 

iii. Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

iv. Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

v. If you estimate potential costs or 

burdens, explain how you arrived at 


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Federal Register / Vol. 73, No. 213 / Monday, November 3, 2008 / Notices 65487 

your estimate in sufficient detail to 

allow for it to be reproduced. 

vi. Provide specific examples to 

illustrate your concerns and suggest 

alternatives. 

vii. Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

viii. Make sure to submit your 

comments by the comment period 

deadline identified. 

II. Background 

The Toxic Substances Control Act 

(TSCA) (15 U.S.C. 260l et seq.) 

authorizes the Administrator of the EPA 

to promulgate regulations under TSCA 

section 4(a) requiring testing of 

chemicals and chemical groups in order 

to develop data relevant to determining 

the risks that such chemicals and 

chemical groups may present to health 

or the environment. Section 4(e) of 

TSCA established the ITC to 

recommend chemicals and chemical 

groups to the Administrator of EPA for 

priority testing consideration. Section 

4(e) of TSCA directs the ITC to revise 

the TSCA section 4(e) Priority Testing 

List at least every 6 months. 

You may access additional 

information about the ITC at http:// 

www.epa.gov/opptintr/itc. 

A. The 63rd ITC Report 

The ITC is revising the TSCA section 

4(e) Priority Testing List by removing 1 

tungsten compound and 1 HPV 

Challenge Program orphan chemical. 

B. Status of the Priority Testing List 

The Priority Testing List includes 2 

alkylphenols, 12 lead compounds, 16 

chemicals with insufficient dermal 

absorption rate data, and 207 HPV 

Challenge Program orphan chemicals. 

List of Subjects 

Environmental protection, Chemicals, 

Hazardous substances. 

Dated: October 28, 2008. 

Charles M. Auer, 

Director, Office of Pollution Prevention and 

Toxics. 

Sixty-Third Report of the TSCA Interagency 

Testing Committee to the Administrator of 

the Environmental Protection Agency 

Table of Contents 

Summary 

I. Background 

II. TSCA Section 8 Reporting 

A. TSCA Section 8 Reporting Rules 

B. ITC’s Use of TSCA Section 8 and Other 

Information 

III. ITC’s Activities During this Reporting 

Period (June to October 2008) 

IV. Revisions to the TSCA Section 4(e) 

Priority Testing List: Chemicals 

Removed From the Priority Testing List 

A. Tungsten Compounds 

B. HPV Challenge Program Orphan 

Chemicals 

V. References 

VI. The TSCA Interagency Testing Committee 

Summary 

The ITC is revising the Toxic Substances 

Control Act (TSCA) section 4(e) Priority 

Testing List by removing 1 tungsten 

compound and 1 High Production Volume 

(HPV) Challenge Program orphan chemical. 

The TSCA section 4(e) Priority Testing List 

is Table 1 of this unit. 

TABLE 1—TSCA SECTION 4(E) PRIORITY TESTING LIST (OCTOBER 2008) 

ITC Report Date Chemical Name/Group Action 

31 January 1993 2 Chemicals with insufficient dermal absorption rate data Designated 

32 May 1993 10 Chemicals with insufficient dermal absorption rate data Designated 

35 November 1994 4 Chemicals with insufficient dermal absorption rate data Designated 

37 November 1995 Branched 4-nonylphenol (mixed isomers) Recommended 

41 November 1997 Phenol, 4-(1,1,3,3-tetramethylbutyl)- Recommended 

55 December 2004 203 HPV Challenge Program orphan chemicals Recommended 

56 August 2005 4 HPV Challenge Program orphan chemicals Recommended 

60 May 2007 12 Lead and lead compounds Recommended 

I. Background 

The ITC was established by section 4(e) of 

TSCA ‘‘to make recommendations to the 

Administrator respecting the chemical 

substances and mixtures to which the 

Administrator should give priority 

consideration for the promulgation of rules 

for testing under section 4(a).... At least every 

six months ..., the Committee shall make 

such revisions to the Priority Testing List as 

it determines to be necessary and transmit 

them to the Administrator together with the 

Committee’s reasons for the revisions’’ 

(Public Law 94–469, 90 Stat. 2003 et seq., 15 

U.S.C. 2601 et seq.). ITC reports are available 

from the ITC’s website (http://www.epa.gov/ 

opptintr/itc) within a few days of submission 

to the EPA Administrator and from the EPA’s 

website (http://www.epa.gov/fedrgstr) after 

publication in the Federal Register. The ITC 

produces its revisions to the Priority Testing 

List with administrative and technical 

support from the ITC staff, ITC members, and 

their U.S. Government organizations, and 

contract support provided by EPA. ITC 

members and staff are listed at the end of this 

report. 

II. TSCA Section 8 Reporting 

A. TSCA Section 8 Reporting Rules 

Following receipt of the ITC’s report (and 

the revised Priority Testing List) by the EPA 

Administrator, EPA’s Office of Pollution 

Prevention and Toxics (OPPT) may add the 

chemicals from the revised Priority Testing 

List to the TSCA section 8(a) Preliminary 

Assessment Information Reporting (PAIR) or 

TSCA section 8(d) Health and Safety Data 

Reporting (HaSDR) rules. The PAIR rule 

requires manufacturers (including importers) 

of chemicals added to the Priority Testing 

List to submit to EPA certain production and 

exposure information (http://www.epa.gov/ 

oppt/chemtest/pubs/pairform.pdf). As 

provided for in the PAIR rule, whenever EPA 

announces the receipt of an ITC report, EPA 

amends, unless otherwise instructed by the 

ITC, the PAIR rule by adding the 

recommended (or designated) chemicals that 

have been added to the Priority Testing List 

by the ITC. 


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The HaSDR rule requires certain past, 

current, and proposed manufacturers, 

importers, and (if specified by EPA) 

processors of listed chemicals to submit to 

EPA copies and lists of unpublished health 

and safety studies on the listed chemicals 

that they manufacture, import, or (if specified 

by EPA) process. As provided for in the 

HaSDR rule, whenever EPA announces the 

receipt of an ITC report, EPA amends, unless 

otherwise instructed by the ITC, the HaSDR 

rule by adding the recommended (or 

designated) chemicals that have been added 

to the Priority Testing List by the ITC. 

B. ITC’s Use of TSCA Section 8 and Other 

Information 

The ITC’s use of TSCA section 8 and other 

information is described in the 52nd ITC 

Report (http://www.epa.gov/opptintr/itc). 

III. ITC’s Activities During this Reporting 

Period (June to October 2008) 

During this reporting period, the ITC 

discussed tungsten compounds and HPV 

Challenge Program orphan chemicals. 

IV. Revisions to the TSCA Section 4(e) 

Priority Testing List: Chemicals Removed 

From the Priority Testing List 

A. Tungsten Compounds 

Of the 22 tungsten compounds added to 

the Priority Testing List in the 53rd ITC 

Report (Ref. 1) and the 56th ITC Report (Ref. 

2), 12 were removed in the 58th ITC Report 

(Ref. 3), 5 were removed in the 59th ITC 

Report (Ref. 4), and 4 were removed in the 

62nd ITC Report (Ref. 5). At this time the ITC 

is removing tungstate (WO4

2-), disodium, 

dihydrate, (T-4)-, a.k.a. disodium tungstate 

(Na2WO4) dihydrate (CAS No. 10213–10–2) 

from the Priority Testing List because of the 

voluntary information provided by the 

International Tungsten Industry Association 

and their cooperation in a National 

Toxicology Program/National Institute for 

Occupational Safety and Health research 

program to address exposure and toxicity 

data needs. 

B. HPV Challenge Program Orphan 

Chemicals 

270 HPV Challenge Program orphan 

chemicals were added to the Priority Testing 

List in the 55th ITC Report (Ref. 6) and 5 were 

added to the Priority Testing List in the 56th

ITC Report (Ref. 2). 

30 HPV Challenge Program orphan 

chemicals were removed from the Priority 

Testing List in the 56th ITC Report (Ref. 2). 

The HPV Challenge Program orphan 

chemicals that were removed in the 56th ITC 

Report included ethanol, 2-methoxy- (CAS 

No. 109–86–4) and tetradecane (CAS No. 

629–59–4) that were on the Priority Testing 

List when the 55th ITC Report was sent to the 

EPA Administrator on December 8, 2004, but 

removed from Priority Testing List before the 

55th ITC Report was published in the Federal 

Register because sponsorship of these 2 

substances was transferred to the 

International Council of Chemical 

Associations HPV Initiative. The HPV 

Challenge Program orphan chemicals that 

were removed in the 56th ITC Report also 

included 11 chemicals that were sponsored 

before the 55th ITC Report was sent to the 

EPA Administrator on December 8, 2004 (see 

Table 6 in the 56th ITC Report) and 17 

chemicals that no longer meet the HPV 

criterion (see Table 7 in the 56th ITC Report). 

8 HPV Challenge Program orphan 

chemicals were removed from the Priority 

Testing List in the 58th ITC Report (Ref. 3) 

(see Table 2 in the 58th ITC Report). These 

8 chemicals included 4 that were on the 

Priority Testing List when the 55th ITC Report 

was sent to the EPA Administrator on 

December 8, 2004, but removed from Priority 

Testing List before the 55th ITC Report was 

published in the Federal Register. These 4 

chemicals were retained on the December 8, 

2004 Priority Testing List because 

sponsorship commitments were received by 

EPA after December 8, 2004. These 4 

chemicals are phosphoric acid, tris(2- 

ethylhexyl) ester (CAS No. 78–42–2); 

phosphoric acid, 2-ethylhexyl ester (CAS No. 

12645–31–7); 1-propanamine, 3- 

(tridecyloxy)-, branched (CAS No. 68511–40– 

0); and hydrocarbons, C8–11 (CAS No. 68553– 

14–0). 

35 HPV Challenge Program orphan 

chemicals were removed from the Priority 

Testing List in the 61st ITC Report (Ref. 7) 

(see Table 4 in the 61st ITC Report). These 35 

chemicals included 1,3-propanediol, 2- 

amino-2-(hydroxymethyl)- (CAS No. 77–86– 

1) that was added to the Priority Testing List 

in the 56th ITC Report (Ref. 2). 

In this 63rd ITC Report, disulfides, C5–12- 

alkyl (CAS No. 68513–62–2) are being 

removed from the Priority Testing List 

because they no longer meet the HPV 

criterion. Disulfides, C5–12-alkyl were added 

to the Priority Testing List in the 55th ITC 

Report (Ref. 6). 

V. References 

1. ITC. Fifty-Third Report of the ITC. 

Federal Register (69 FR 2468, January 15, 

2004) (FRL–7335–2). Available online at: 

http://www.epa.gov/fedrgstr. 

2. ITC. Fifty-Sixth Report of the ITC. 

Federal Register (70 FR 61520, October 24, 

2005) (FRL–7739–9). Available online at: 

http://www.epa.gov/fedrgstr. 

3. ITC. Fifty-Eighth Report of the ITC. 

Federal Register (71 FR 39188, July 11, 2006) 

(FRL–8073–7). Available online at: http:// 

www.epa.gov/fedrgstr. 

4. ITC. Fifty-Ninth Report of the ITC. 

Federal Register (72 FR 2756, January 22, 

2007) (FRL–8110–2). Available online at: 

http://www.epa.gov/fedrgstr. 

5. ITC. Sixty-Second Report of the ITC. 

Federal Register (73 FR 27450, May 12, 2008) 

(FRL–8363–2). Available online at: http:// 

www.epa.gov/fedrgstr. 

6. ITC. Fifty-Fifth Report of the ITC. 

Federal Register (70 FR 7364, February 11, 

2005) (FRL–7692–1). Available online at: 

http://www.epa.gov/fedrgstr. 

7. ITC. Sixty-First Report of the ITC. 

Federal Register (73 FR 5080, January 28, 

2008) (FRL–8347–1). Available online at: 

http://www.epa.gov/fedrgstr. 

VI. The TSCA Interagency Testing 

Committee 

Statutory Organizations and Their 

Representatives 

Council on Environmental Quality 

Vacant 

Department of Commerce 

National Institute of Standards and 

Technology 

Dianne Poster, Member, Chair 

National Oceanographic and 

Atmospheric Administration 

Tony Pait, Member, Vice-Chair 

Environmental Protection Agency 

John Schaeffer, Member 

Gerry Brown, Alternate 

National Cancer Institute 

Vacant 

National Institute of Environmental 

Health Sciences 

Scott Masten, Alternate 

National Institute for Occupational 

Safety and Health 

Dennis W. Lynch, Member 

Mark Toraason, Alternate 

National Science Foundation 

Margaret Cavanaugh, Alternate 

Occupational Safety and Health 

Administration 

Thomas Nerad, Member 

Maureen Ruskin, Alternate 

Liaison Organizations and Their 

Representatives 

Agency for Toxic Substances and 

Disease Registry 

Daphne Moffett, Member 

Glenn D. Todd, Alternate 

Consumer Product Safety Commission 

Jacqueline Ferrante, Member 

Department of Agriculture 

Clifford P. Rice, Member 

Laura L. McConnell, Alternate 

Department of Defense 

Laurie Roszell, Member 

Department of the Interior 

Barnett A. Rattner, Member 

Food and Drug Administration 

Kirk Arvidson, Member 

Ronald F. Chanderbhan, Alternate 

Technical Support Contractor 

Syracuse Research Corporation 

ITC Staff 

John D. Walker, Director 

Carol Savage, Administrative 

Assistant 

TSCA Interagency Testing Committee 

(7401M), Office of Pollution Prevention and 

Toxics, Environmental Protection Agency, 

1200 Pennsylvania Ave., NW., Washington, 

DC 20460–0001; e-mail address: 

savage.carol@epa.gov; url: http:// 

www.epa.gov/opptintr/itc. 

[FR Doc. E8–26148 Filed 10–31–08; 8:45 am] 

BILLING CODE 6560–50–S 


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