1

ENVIRONMENTAL PROTECTION AGENCY

[EPA–HQ–OPPT–2009–0869; FRL–8804–4]

Sixty-Fifth 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 Sixty-Fifth Report to the 

Administrator of EPA on December 3, 2009. In the 65th ITC Report, 

which is included with this notice, the ITC has no revisions to the 

TSCA section 4(e) Priority Testing List at this time.

DATES: Comments must be received on or before [insert date 30 days 

after date of publication in the Federal Register].

ADDRESSES: Submit your comments, identified by docket identification 

(ID) number EPA–HQ–OPPT–2009–0869, 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–2009–0869. 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–2009–0869. EPA’s policy is that all comments received will be 

included in the docket without change and may be made available online 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 

e-mail. The regulations.gov website is an ‘‘anonymous access’’ system, 

which means EPA will not know your identity or contact information 
2

unless you provide it in the body of your comment. If you send an email 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. 

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 legal 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 Xray 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 TSCA-covered 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 
3

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 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 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 
4

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 65th ITC Report 

The ITC has no revisions to the TSCA section 4(e) Priority Testing 

List at this time.

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.
5

List of Subjects

Environmental protection, Chemicals, Hazardous substances.

Dated: January 27, 2010.

Wendy Cleland-Hamnett,

Acting Director, Office of Pollution Prevention and Toxics.
6

Sixty-Fifth Report of the TSCA Interagency Testing Committee to the 

Administrator of the Environmental Protection Agency

Table of Contents

Summary

I. Background

II. ITC’s Activities During this Reporting Period (June 2009 to November 2009)

III. The TSCA Interagency Testing Committee

Summary

The ITC has no revisions to the Toxic Substances Control Act (TSCA) 

section 4(e) Priority Testing List at this time.

The TSCA section 4(e) Priority Testing List is Table 1 of this unit.

TABLE 1.—TSCA SECTION 4(E) PRIORITY TESTING LIST (NOVEMBER 2009)

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 High Production Volume (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 regulations.gov (http://

www.regulations.gov) 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. ITC’s Activities During this Reporting Period (June 2009 to November 

2009)

During this reporting period, the ITC discussed the potential use of TSCA 

section 8(a) and 8(d) to obtain biomonitoring data (http://www.gao.gov/

new.items/d09353.pdf) and the Department of Homeland Security (DHS) 

Chemical Terrorism Risk Assessment (CTRA) chemicals, and continued to 

discuss nanoscale materials and the EPA’s Nanoscale Materials Stewardship 

Program (NMSP). For details on the NMSP, see the Federal Register issue 
7

of January 28, 2008 (73 FR 4861) (FRL–8344–5) available on-line at http://

www.epa.gov/fedrgstr.

III. 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, Alternate

National Oceanographic and Atmospheric Administration

Tony Pait, Member, 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

Gayle DeBord, Member

Dennis W. Lynch, Alternate

National Science Foundation

Margaret Cavanaugh, Alternate

Occupational Safety and Health Administration

Thomas Nerad, Member, Vice-Chair

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
8

ITC Staff

John D. Walker, Director

Carol Savage, Administrative Assistant (NOWCC Employee)

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.??–???? Filed ??–??–??; 8:45 am]

BILLING CODE 6560–50–S