67036 Federal Register / Vol. 62, No. 246 / Tuesday, December 23, 1997 / Proposed Rules

Regulations for Class V Injection Wells

(40 CFR parts 144 and 146) to address

the risk posed by Class V injection wells

to drinking water supplies. EPA is

considering changes to the Class V

Underground Injection Control

regulations that would add new

requirements for relatively high-risk

Class V wells in areas near drinking

water supplies. Under consideration is a

ban on Class V motor vehicle waste

disposal wells and large-capacity

cesspools located in ground water-based

source water protection areas being

delineated by States under the 1996

Amendments to the Safe Drinking Water

Act. In addition, fluids released in Class

V industrial waste disposal wells in

ground water-based source water

protection areas could be required to

meet certain standards of quality.

EPA is considering proposing these

new requirements because available

information shows that Class V motor

vehicle waste disposal wells, cesspools,

and industrial waste disposal wells pose

a high risk of ground water

contamination. Targeting the

requirements to those wells near ground

water-based drinking water supplies

would achieve substantial protection of

underground sources of drinking water.

The rule addressed in this notification

is being developed in response to a

January 28, 1997 consent decree with

the Sierra Club Legal Defense Fund and

has a court deadline of June 18, 1997 for

proposal and July 31, 1999 for final.

Elizabeth Fellows,

Acting Director, Office of Ground Water and

Drinking Water.

[FR Doc. 97–33325 Filed 12–22–97; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 799

[OPPTS–42198A; FRL–5762–9]

RIN 2070–AC76

Testing Consent Order and Export

Notification Requirements for 1,1,2-

Trichloroethane

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: On June 26, 1996, EPA

proposed a test rule under section 4(a)

of the Toxic Substances Control Act

(TSCA) to require manufacturers and

processors of 21 hazardous air

pollutants (HAPs) to test these

substances for certain health effects.

Included as one of these chemical

substances was 1,1,2-trichloroethane

(CAS No. 79–00–5). EPA invited the

submission of proposals for enforceable

consent agreements (ECAs) for

pharmacokinetics testing of the HAPs

chemicals and received a proposal for

testing 1,1,2-trichloroethane from the

HAP Task Force. In a previous

document EPA solicited interested

parties to monitor or participate in

negotiations on an ECA for 1,1,2-

trichloroethane. EPA is proposing that if

an ECA is successfully concluded for

1,1,2-trichloroethane, then the

subsequent publication of the TSCA

section 4 testing consent order (Order)

in the Federal Register would add 1,1,2-

trichloroethane to the table of testing

consent orders for substances and

mixtures with Chemical Abstract

Service Registry Numbers. As a result of

the proposed addition of 1,1,2-

trichloroethane, all exporters of 1,1,2-

trichloroethane, including persons who

do not sign the ECA, would be subject

to export notification requirements

under section 12(b) of TSCA.

DATES: Written comments on this

proposed rule must be received by EPA

on or before January 27, 1998.

ADDRESSES: Each comment must bear

the docket control number, OPPTS–

42198A. All comments should be sent

in triplicate to: OPPT Document Control

Officer (7407), Office of Pollution

Prevention and Toxics, Environmental

Protection Agency, 401 M St., SW., Rm.

G–099, East Tower, Washington, DC

20460.

Comments and data may also be

submitted electronically to:

oppt.ncic@epamail.epa.gov. following

the instructions under Unit IV. of this

document. No Confidential Business

Information (CBI) should be submitted

through e-mail.

All comments which contain

information claimed as CBI must be

clearly marked as such. Three sanitized

copies of any comments containing

information claimed as CBI must also be

submitted and will be placed in the

public record for this document.

Persons submitting information any

portion of which they believe is entitled

to treatment as CBI by EPA must assert

a business confidentiality claim in

accordance with 40 CFR 2.203(b) for

each such portion. This claim must be

made at the time that the information is

submitted to EPA. If a submitter does

not assert a confidentiality claim at the

time of submission, EPA will make the

information available to the public

without further notice to the submitter.

FOR FURTHER INFORMATION CONTACT: For

additional information: Susan B. Hazen,

Director, Environmental Assistance

Division (7408), Rm. ET–543B, Office of

Pollution Prevention and Toxics,

Environmental Protection Agency, 401

M St., SW., Washington, DC 20460;

telephone: (202) 554–1404, TDD: (202)

554–0551; e-mail address: TSCAHotline@epamail.epa.gov.

For technical information: Richard W.

Leukroth, Jr., Project Manager, Chemical

Information and Testing Branch (7405),

Office of Pollution Prevention and

Toxics, Environmental Protection

Agency, 401 M St., SW., Washington,

DC 20460; telephone: (202) 260–0321; email address:

leukroth.rich@epamail.epa.gov.

SUPPLEMENTARY INFORMATION:

I. Electronic Availability

Internet: Electronic copies of this

document and various support

documents are available from the EPA

Home Page at the Federal Register

—Environmental Documents entry for

this document under ‘‘Laws and

Regulations’’ (http://www.epa.gov/

fedrgstr/EPA-TOX/1997/).

II. Development of Enforceable Consent

Agreement for 1,1,2-Trichloroethane

1,1,2-Trichloroethane was one of the

chemicals proposed for health effects

testing in a proposed HAPs test rule

under section 4(a) of TSCA in the

Federal Register of June 26, 1996 (61 FR

33178) (FRL–4869–1). In the proposed

HAPs test rule, EPA invited the

submission of proposals for

pharmacokinetics (PK) testing for the

chemicals included in the proposed

HAPs test rule. These proposals could

provide the basis for negotiation of

ECAs, which, if successfully concluded,

would be incorporated into Orders. The

PK studies would be used to conduct

route-to-route extrapolation of toxicity

data from routes other than inhalation to

predict the effects of inhalation

exposure, as an alternative to testing

proposed under the HAPs test rule. A

proposal for PK testing for 1,1,2-

trichloroethane was submitted by the

HAP Task Force to EPA on November

25, 1996. The Agency reviewed this

alternative testing proposal and

prepared a preliminary technical

analysis of the proposal which it sent to

the HAP Task Force on June 26, 1997.

The HAP Task Force responded on July

31, 1997, that it has a continued interest

in pursuing the ECA process for 1,1,2-

trichloroethane. EPA has decided to

proceed with the ECA process for 1,1,2-

trichloroethane. EPA has published a

document soliciting interested parties to

monitor or participate in negotiations on

an ECA for PK testing of 1,1,2-

trichloroethane in the Federal Register

of December 19, 1997. The procedures
Federal Register / Vol. 62, No. 246 / Tuesday, December 23, 1997 / Proposed Rules 67037

for ECA negotiations are described at 40

CFR 790.22(b).

If the ECA for 1,1,2-trichloroethane is

successfully concluded, and an Order is

published in the Federal Register,

testing to develop needed data would be

required of those persons that have

signed the agreement. Section 12(b) of

TSCA provides that if any person

exports or intends to export to a foreign

country a chemical substance or mixture

for which the submission of data is

required under section 4 of TSCA, that

person shall notify EPA of this export or

intent to export. This requirement

applies to data obtained from either a

test rule or an ECA and Order under the

authority of section 4 of TSCA. EPA

intends the ECA to include the export

notification requirements of section

12(b) of TSCA, codified at 40 CFR part

707, subpart D.

III. Publication of Testing Consent

Order

EPA is proposing that if an ECA is

successfully concluded for 1,1,2-

trichloroethane, the publication of the

Order in the Federal Register would

add 1,1,2-trichloroethane to the table in

40 CFR 799.5000, Testing consent

orders for substances and mixtures with

Chemical Abstract Service Registry

Numbers.

Exporters of chemicals listed at 40

CFR 799.5000 are required under 40

CFR 799.19, Chemical imports and

exports, to comply with the export

notification requirements of 40 CFR part

707, subpart D. This proposed rule,

when finalized, would amend

§ 799.5000, and, in accordance with 40

CFR 799.19, all exporters of 1,1,2-

trichloroethane, including persons who

do not sign the ECA, would be subject

to export notification requirements

under 40 CFR part 707, subpart D.

Under 40 CFR 707.65(a)(2)(ii), a

person who exports or intends to export

for the first time to a particular foreign

country a chemical subject to TSCA

section 4 data requirements must submit

a one-time notice to EPA identifying the

chemical and country of import. A

single notice can cover multiple

chemicals and multiple countries. If

additional importing countries are

subsequently added, additional export

notices must be submitted to EPA. Other

procedures for submitting export

notifications to EPA are described in 40

CFR 707.65.

Under 40 CFR 707.67, the contents of

the export notification from the exporter

or intended exporter to EPA shall

include:

1. The name of the chemical (i.e., in

this case, 1,1,2-trichloroethane).

2. The name and address of the

exporter.

3. The country(ies) of import.

4. The date(s) of export or intended

export.

5. The section of TSCA under which

EPA has taken action (i.e., in this case,

section 4 of TSCA).

Following receipt of the 12(b)

notification from the exporter or

intended exporter, under 40 CFR

707.70, EPA will provide notice of the

export or intended export to the affected

foreign government(s).

IV. Public Record and Electronic

Submissions

The official record for this

rulemaking, including the public

version, that does not include any

information claimed as CBI, has been

established for this rulemaking under

docket control number OPPTS–42198A.

The public version of this record is

available for inspection from 12 noon to

4 p.m., Monday through Friday,

excluding legal holidays. The public

record is located in the TSCA

Nonconfidential Information Center,

Rm. NE B–607, 401 M St., SW.,

Washington, DC 20460.

Electronic comments can be sent

directly to EPA at:

oppt.ncic@epamail.epa.gov.

Electronic comments must be

submitted as an ASCII file avoiding the

use of special characters and any form

of encryption. Comments and data will

also be accepted on disks in

WordPerfect 5.1/6.1 or ASCII file

format. All comments and data in

electronic form must be identified by

the docket control number, OPPTS–

42198A. Electronic comments on this

proposed rule may be filed online at

many Federal Depository Libraries.

V. Regulatory Assessment

Requirements

A. Regulatory Flexibility Act

Under the Regulatory Flexibility Act,

5 U.S.C. 601 et seq., EPA does not

believe that the impacts of this proposed

rule constitute a significant economic

impact on small entities.

Export regulations promulgated

pursuant to section 12(b) of TSCA—40

CFR part 707, subpart D—require only

a one-time notification to each foreign

country of export for each chemical for

which data are required under section 4

of TSCA. In an analysis of the economic

impacts of the July 27, 1993,

amendment to the rules implementing

section 12(b) of TSCA (58 FR 40238),

EPA estimated that the one-time cost of

preparing and submitting the TSCA

section 12(b) notification was $62.60.

See U.S. EPA, ‘‘Economic Analysis in

Support of the Final Rule to Amend

Rule Promulgated Under TSCA Section

12(b),’’ OPPT/ETD/RIB, June 1992,

contained in the record for the HAPs

rulemaking (OPPTS–42187). Inflated

through the last quarter of 1996 using

the Consumer Price Index, the current

cost is estimated to be $69.56. Although

data available to EPA regarding export

shipments of the HAPs chemicals are

limited, a small exporter would have to

have annual revenues below $6,956 per

chemical/country combination in order

to be impacted at a 1% or greater level.

For example, a small exporter filing 3

notifications per year would have to

have annual sales revenues below

$20,868 (3 x $6,956) in order to be

classified as impacted at the greater than

1% level. EPA believes that it is

reasonable to assume that few, if any,

small exporters would file sufficient

export notifications to be impacted at or

above the 1% level. Based on this, the

export notification requirements

triggered by the ECA for 1,1,2-

trichloroethane would be unlikely to

have a significant economic impact on

small exporters. Because EPA has

concluded that there is no significant

impact on small exporters, the Agency

does not need to determine the number

or size of the entities that would be

impacted at a 1% or greater level.

Therefore, the Agency certifies that

this proposed rule, if finalized, would

not have a significant economic impact

on small entities.

B. Executive Order 12866; Executive

Order 12898; Executive Order 13045

Under Executive Order 12866 (58 FR

51735, October 4, 1993), this proposed

rule is not a ‘‘significant regulatory

action’’ subject to review by the Office

of Management and Budget (OMB). It

does not involve special considerations

of environmental-justice related issues

as required by Executive Order 12898

(59 FR 7629, February 16, 1994), nor

raise any issues regarding children’s

environmental-health risks under

Executive Order 13045 (62 FR 1985,

April 23, 1997) because the Executive

order does not apply to actions expected

to have an economic impact of less than

$100 million.

C. Paperwork Reduction Act

An agency may not conduct or

sponsor, and a person is not required to

respond to, an information collection

request unless it displays a currently

valid control number assigned by OMB.

The OMB control numbers for EPA’s

regulations are listed in 40 CFR part 9.

The information collection requirements

related to this action have already been
67038 Federal Register / Vol. 62, No. 246 / Tuesday, December 23, 1997 / Proposed Rules

approved by OMB pursuant to the

Paperwork Reduction Act, 44 U.S.C.

3501 et seq., under OMB control

number 2070–0030 (EPA ICR No. 0795).

The public reporting burden for the

collection of information is estimated to

average 0.55 hours per response.

D. Unfunded Mandates Reform Act

Title II of the Unfunded Mandates

Reform Act of 1995 (UMRA), Pub. L.

104–4, establishes requirements for

Federal agencies to assess the effects of

certain regulatory actions on State,

local, and tribal governments and the

private sector, and to seek input from

State, local, and tribal governments on

certain regulatory actions. EPA has

determined that this action does not

contain a Federal mandate that may

result in expenditures of $100 million or

more for State, local, and tribal

governments, in the aggregate, or the

private sector in any 1 year. Therefore,

this action is not subject to the

requirements of sections 202 and 205 of

UMRA. The requirements of sections

203 and 204 of UMRA which relate to

regulatory requirements that might

significantly or uniquely affect small

governments and to regulatory

proposals that contain a significant

Federal intergovernmental mandate,

respectively, also do not apply to this

proposed rule because the rule would

only affect the private sector, i.e., those

companies that test chemicals.

List of Subjects in 40 CFR Part 799

Environmental protection, Chemicals,

Exports, Hazardous substances, Health,

Laboratories, Reporting and

recordkeeping requirements.

Dated: December 16, 1997.

Lynn R. Goldman,

Assistant Administrator for Prevention,

Pesticides and Toxic Substances.

Therefore, it is proposed that 40 CFR

chapter I be amended as follows:

PART 799—[AMENDED]

1. The authority citation for part 799

would continue to read as follows:

Authority: 15 U.S.C. 2603, 2611, 2625.

2. Section 799.5000 is amended by

adding 1,1,2-trichloroethane to the table

in CAS number order to read as follows:

§ 799.5000 Testing consent orders for

substances and mixtures with Chemical

Abstract Service Registry Numbers.

* * * *

*

CAS Number Substance or mixture name Testing FR Publication Date

* * * * * * *

79–00–5 1,1,2-Trichloroethane .................... Health effects .............................................. [Insert date of final rule].

* * * * * * *

* * * * *

[FR Doc. 97–33449 Filed 12–22–97; 8:45 am]

BILLING CODE 6560–50–F

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 799

[OPPTS–42197A; FRL–5762–8]

RIN 2070–AC76

Testing Consent Order and Export

Notification Requirements for Ethylene

Dichloride

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: On June 26, 1996, EPA

proposed a test rule under section 4(a)

of the Toxic Substances Control Act

(TSCA) to require manufacturers and

processors of 21 hazardous air

pollutants (HAPs) to test these

substances for certain health effects.

Included as one of these chemical

substances was ethylene dichloride

(CAS No. 107–06–2). EPA invited the

submission of proposals for enforceable

consent agreements (ECAs) for

pharmacokinetics testing of the HAPs

chemicals and received a proposal for

testing ethylene dichloride from the

HAP Task Force. In a previous

document published EPA has solicited

interested parties to monitor or

participate in negotiations on an ECA

for ethylene dichloride. EPA is

proposing that if an ECA is successfully

concluded for ethylene dichloride, then

the subsequent publication of the TSCA

section 4 testing consent order (Order)

in the Federal Register would add

ethylene dichloride to the table of

testing consent orders for substances

and mixtures with Chemical Abstract

Service Registry Numbers. As a result of

the proposed addition of ethylene

dichloride, all exporters of ethylene

dichloride, including persons who do

not sign the ECA, would be subject to

export notification requirements under

section 12(b) of TSCA.

DATES: Written comments on this

proposed rule must be received by EPA

on or before January 27, 1998.

ADDRESSES: Each comment must bear

the docket control number, OPPTS–

42197A. All comments should be sent

in triplicate to: OPPT Document Control

Officer (7407), Office of Pollution

Prevention and Toxics, Environmental

Protection Agency, 401 M St., SW., Rm.

G–099, East Tower, Washington, DC

20460.

Comments and data may also be

submitted electronically to:

oppt.ncic@epamail.epa.gov. following

the instructions under Unit IV. of this

document. No Confidential Business

Information (CBI) should be submitted

through e-mail.

All comments which contain

information claimed as CBI must be

clearly marked as such. Three sanitized

copies of any comments containing

information claimed as CBI must also be

submitted and will be placed in the

public record for this document.

Persons submitting information any

portion of which they believe is entitled

to treatment as CBI by EPA must assert

a business confidentiality claim in

accordance with 40 CFR 2.203(b) for

each such portion. This claim must be

made at the time that the information is

submitted to EPA. If a submitter does

not assert a confidentiality claim at the

time of submission, EPA will make the

information available to the public

without further notice to the submitter.

FOR FURTHER INFORMATION CONTACT: For

additional information: Susan B. Hazen,

Director, Environmental Assistance

Division (7408), Rm. ET–543B, Office of

Pollution Prevention and Toxics,

Environmental Protection Agency, 401

M St., SW., Washington, DC 20460;

telephone: (202) 554–1404, TDD: (202)