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 65 th 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 beincluded 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

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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, andsign 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

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**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

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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 65 th 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.

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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 S ECTION 4(E) P RIORITY T ESTING L IST (N OVEMBER 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

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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

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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

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**BILLING CODE 6560–50–S**