[Federal Register Volume 65, Number 94 (Monday, May 15, 2000)]
[Rules and Regulations]
[Pages 30913-30914]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-12137]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 721

[OPPTS-50637A; FRL-6555-8]
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 significant new use rules (SNURs) for 2 
substances promulgated under section 5(a)(2) of the Toxic Substances 
Control Act (TSCA) based on new data. Based on the new data the Agency 
no longer finds that activities not described in the corresponding TSCA 
section 5(e) consent order or premanufacture notice (PMN) for these 
chemical substances may result in significant changes in human or 
environmental exposure.

DATES: This rule is effective June 14, 2000.

FOR FURTHER INFORMATION CONTACT: For general information contact: 
Barbara Cunningham, Director, Office of Program Management and 
Evaluation, Office of Pollution Prevention and Toxics (7401), 
Environmental Protection Agency, Ariel Rios Bldg., 1200 Pennsylvania 
Ave., NW., Washington, DC 20460; telephone number: (202) 554-1404; e-
mail address: <a href="/cdn-cgi/l/email-protection#71252232305c391e051d181f14311401105f161e07"><span class="__cf_email__" data-cfemail="86d2d5c5c7abcee9f2eaefe8e3c6e3f6e7a8e1e9f0">[email protected]</span></a>.
    For technical information contact: James Alwood, Chemical Control 
Division (7405), Office of Pollution Prevention and Toxics, 
Environmental Protection Agency, Ariel Rios Bldg., 1200 Pennsylvania 
Ave., NW., Washington, DC 20460; telephone number: (202) 260-1857; e-
mail address: <a href="/cdn-cgi/l/email-protection#b1d0ddc6deded59fdbd8dcf1d4c1d09fd6dec7"><span class="__cf_email__" data-cfemail="03626f746c6c672d696a6e436673622d646c75">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you manufacture, 
import, process, or use the chemical substances contained in this rule. 
Potentially affected categories and entities may include, but are not 
limited to:

------------------------------------------------------------------------
                                                          Examples of
           Categories                    NAICS            Potentially
                                                       Affected Entities
------------------------------------------------------------------------
Chemical manufacturers            325                 Manufacturers,
                                                       importers,
                                                       processors, and
                                                       users of
                                                       chemicals
------------------------------------------------------------------------
Petroleum and coal product        324                 Manufacturers,
 industries                                            importers,
                                                       processors, and
                                                       users of
                                                       chemicals
------------------------------------------------------------------------

    This listing is not intended to be exhaustive, but rather provides 
a guide for readers regarding entities likely to be affected by this 
action. Other types of entities not listed in the table in this unit 
could also be affected. The North American Industrial Classification 
System (NAICS) codes have been provided to assist you and others in 
determining whether or not this action applies to certain entities. To 
determine whether you or your business is affected by this action, you 
should carefully examine the applicability provisions in 40 CFR 721.5. 
If you have any questions regarding the applicability of this action to 
a particular entity, consult the technical person listed under ``FOR 
FURTHER INFORMATION CONTACT.''

B. How Can I Get Additional Information, Including Copies of this 
Document and Other Related Documents?

    1. Electronically. You may obtain copies of this document, and 
certain other related documents that might be available electronically, 
from the EPA Internet Home Page at http://www.epa.gov/. To access this 
document, on the Home Page select ``Laws and Regulations'' and then 
look up the entry for this document under the ``Federal Register-
Environmental Documents.'' You can also go directly to the Federal 
Register listings at http://www.epa.gov/fedrgstr/.
    2. In person. The Agency has established an official record for 
this action under docket control number OPPTS-50637A. The official 
record consists of the documents specifically referenced in this 
action, any public comments received during an applicable comment 
period, and other information

[[Page 30914]]

related to this action, including any information claimed as 
Confidential Business Information (CBI). This official record includes 
the documents that are physically located in the docket, as well as the 
documents that are referenced in those documents. The public version of 
the official record does not include any information claimed as CBI. 
The public version of the official record, which includes printed, 
paper versions of any electronic comments submitted during an 
applicable comment period, is available for inspection in the TSCA 
Nonconfidential Information Center, North East Mall Rm. B-607, 
Waterside Mall, 401 M St., SW., Washington, DC. The Center is open from 
noon to 4 p.m., Monday through Friday, excluding legal holidays. The 
telephone number for the Center is (202) 260-7099.

II. Background

A. What Action is the Agency Taking?

    In the Federal Register referenced for each substance, OPPTS-
50591C, July 22, 1992 (57 FR 32441) and OPPTS-50615, May 27, 1994 (59 
FR 27474) establishing significant new uses for the substances, EPA 
issued a SNUR. The Agency proposed the revocation of these SNURs in the 
Federal Register of November 19, 1999 (64 FR 63275) (FRL-6385-8). The 
comment period closed on December 20, 1999. The Agency received no 
comments concerning the proposed revocations. Therefore, EPA is 
revoking these rules.

B. What is the Agency's Authority for Taking this Action?

    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 available information that indicated activities 
not described in the TSCA section 5(e) consent order or the PMN might 
result in significant changes in human or environmental exposure as 
described in section 5(a)(2) of TSCA. Based on these findings, SNURs 
were promulgated.
    EPA has revoked the TSCA section 5(e) consent order that is the 
basis for one of the SNURs and no longer finds that activities other 
than those described in the TSCA section 5(e) consent order or the PMN 
may result in significant changes in human or environmental exposure. 
The revocation of SNUR provisions for these substances is consistent 
with the findings set forth in the preamble to the proposed revocation 
of each individual SNUR.
    Therefore, EPA is revoking the SNUR provisions for these chemical 
substances. When this revocation is effective, EPA will no longer 
require notice of intent to manufacture, import, or process these 
substances. In addition, export notification under section 12(b) of 
TSCA will no longer be required.

III. Regulatory Assessment Requirements

    This 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 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) or require OMB 
review in accordance with Executive Order 13045, entitled ``Protection 
of Children from Environmental Health Risks and Safety Risks'' (62 FR 
19885, April 23, 1997).
    On August 4, 1999, President Clinton issued a new executive order 
on Federalism, Executive Order 13132 (64 FR 43255, August 10, 1999), 
which will take effect on November 2, 1999. In the interim, the current 
Executive Order 12612 (52 FR 41685, October 30, 1987) on Federalism 
still applies. This rule will not have a substantial direct effect on 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government, as specified in Executive Order 12612.
    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 on June 2, 1997 (62 FR 
29684) (FRL-5597-1) and was provided to the Chief Counsel for Advocacy 
of the Small Business Administration.

IV. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the Agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit 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 United States prior 
to publication of the rule in the Federal Register. This rule is not a 
``major rule'' as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 721

    Environmental protection, Chemicals, Hazardous substances, 
Reporting and recordkeeping requirements.

    Dated: May 2, 2000.
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. Sec. 721.3180, 721.8654  [Removed]

    2. By removing Sec. Sec. 721.3180 and 721.8654.

[FR Doc. 00-12137 Filed 5-12-00; 8:45 am]
BILLING CODE 6560-50-F


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