[Federal Register Volume 80, Number 56 (Tuesday, March 24, 2015)]
[Rules and Regulations]
[Pages 15515-15517]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-06474]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 721

[EPA-HQ-OPPT-2014-0702; FRL-9924-09]
RIN 2070-AB27


Revocation of Significant New Uses of Metal Salts of Complex 
Inorganic Oxyacids

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is revoking the significant new use rule (SNUR) 
promulgated under section 5(a)(2) of the Toxic Substances Control Act 
(TSCA) for two chemical substances that were identified generically as 
metal salts of complex inorganic oxyacids, which were the subject of 
premanufacture notices (PMNs) P-89-576 and P-89-577. EPA issued a SNUR 
based on a TSCA section 5(e) consent order designating certain 
activities as significant new uses. EPA has received test data for the 
chemical substances and is revoking the SNUR.

DATES: This final rule is effective May 26, 2015.

ADDRESSES: The docket for this action, identified by docket 
identification (ID) number EPA-HQ-OPPT-2014-0702, is available at 
http://www.regulations.gov or at the Office of Pollution Prevention and 
Toxics Docket (OPPT Docket), Environmental Protection Agency Docket 
Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 1301 
Constitution Ave. NW., Washington, DC. The Public Reading Room is open 
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal 
holidays. The telephone number for the Public Reading Room is (202) 
566-1744, and the telephone number for the OPPT Docket is (202) 566-
0280. Please review the visitor instructions and additional information 
about the docket available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: For technical information contact: Jim 
Alwood, Chemical Control Division, Office of Pollution Prevention and 
Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., 
Washington, DC 20460-0001; telephone number: 202 564-8974; email 
address: <a href="/cdn-cgi/l/email-protection#e889849f87878cc6828185a88d9889c68f879e"><span class="__cf_email__" data-cfemail="cdaca1baa2a2a9e3a7a4a08da8bdace3aaa2bb">[email protected]</span></a>.
    For general information contact: The TSCA-Hotline, ABVI-Goodwill, 
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202) 
554-1404; email address: <a href="/cdn-cgi/l/email-protection#96c2c5d5d7bbdef9e2fafff8f3d6f3e6f7b8f1f9e0"><span class="__cf_email__" data-cfemail="62363121234f2a0d160e0b0c07220712034c050d14">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

I. Does this action apply to me?

    You may be potentially affected by this action if you manufacture 
(including import), process, or use the chemical substances contained 
in this rule. Potentially affected entities may include, but are not 
limited to:
    <bullet> Manufacturers or processors of the chemical substances 
(NAICS codes 325 and 324110), e.g., chemical manufacturing and 
petroleum refineries.
    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 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 this action might apply to certain entities. To determine 
whether you or your business may be affected by this action, you should 
carefully examine the applicability provisions in Sec.  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.
    This action may also affect certain entities through pre-existing 
import certification and export notification rules under TSCA. Chemical 
importers are subject to the TSCA section 13 (15 U.S.C. 2612) import 
certification requirements promulgated at 19 CFR 12.118 through 12.127 
and 19 CFR 127.28. Chemical importers must certify that the shipment of 
the chemical substance complies with all applicable rules and orders 
under TSCA. Importers of chemicals subject to a SNUR must certify their 
compliance with the SNUR requirements. The EPA policy in support of 
import certification appears at 40 CFR part 707, subpart B. Importers

[[Page 15516]]

of the chemical, the subject of this action, would no longer be 
required to certify compliance with the SNUR requirements if the 
revocation becomes effective. In addition, if this proposed SNUR 
revocation becomes effective, persons who export or intend to export 
the chemical that is the subject of this action would no longer be 
subject to the TSCA section 12(b)(15 U.S.C. 2611(b) export notification 
requirements at 40 CFR part 707, that are currently triggered by the 
SNUR.

II. Background

A. What action is the Agency taking?

    In the Federal Register of December 17, 2014 (79 FR 75111) (FRL-
9919-93), EPA proposed a revocation of the SNUR at 40 CFR 721.4680 for 
the chemical substances identified generically as metal salts of 
complex inorganic oxyacids (PMNs P-89-576 and P-89-577). This SNUR 
designated certain activities as significant new uses based on a TSCA 
section 5(e) consent order for the PMNs that was issued under TSCA 
sections 5(e)(1)(A)(i), and 5(e)(1)(A)(ii)(II) based on a finding that 
the substances may be produced in substantial quantities and there may 
be significant (or substantial) human exposure to the substances. 
Subsequently, a manufacturer of the PMN substances petitioned EPA to 
revoke the SNUR based on the results of the submitted acute dermal 
study, a 28-day oral toxicity study, and mutagenicity study for P-89-
576. Based on the results of the testing, EPA determined that both 
substances have inherently low toxicity. EPA received one comment to 
the proposed SNUR revocation supporting the finding that the PMN 
substances have low toxicity. EPA is now revoking the SNUR pursuant to 
40 CFR 721.185.

B. What is the Agency's authority for taking this action?

    Upon conclusion of the review for P-89-576 and P-89-577 in 1990, 
EPA designated certain activities as significant new uses based on a 
TSCA section 5(e) consent order for the PMNs that was issued under TSCA 
sections 5(e)(1)(A)(i), and 5(e)(1)(A)(ii)(II) based on a finding that 
the substances may be produced in substantial quantities and there may 
be significant (or substantial) human exposure to the substances. Under 
Sec.  721.185, EPA may at any time revoke a SNUR for a chemical 
substance which has been added to subpart E of 40 CFR part 721 if EPA 
makes one of the determinations set forth in Sec.  721.185(a)(1) 
through (a)(6). Revocation may occur on EPA's initiative or in response 
to a written request. Under Sec.  721.185(b)(3), if EPA concludes that 
a SNUR should be revoked, the Agency will propose the changes in the 
Federal Register, briefly describe the grounds for the action, and 
provide interested parties an opportunity to comment.
    EPA has determined that the criteria set forth in Sec.  
721.185(a)(6) have been satisfied for the chemical substances, proposed 
the SNUR revocation, and received a public comment supporting the SNUR 
revocation; therefore, EPA is revoking the SNUR for these chemical 
substances. The significant new use notification and the recordkeeping 
requirements at 40 CFR 721.4680 will terminate when the SNUR revocation 
becomes effective. In addition, export notification under TSCA section 
12(b) and 40 CFR part 707, subpart D triggered by the SNUR will no 
longer be required.

 III. Statutory and Executive Order Reviews

    This rule will revoke or eliminate an existing regulatory 
requirement and does not contain any new or amended requirements. As 
such, the Agency has determined that this SNUR revocation would not 
have any adverse impacts, economic or otherwise.
    The Office of Management and Budget (OMB) has exempted these types 
of regulatory actions from review under Executive Order 12866, entitled 
Regulatory Planning and Review (58 FR 51735, October 4, 1993). This 
rule does not contain any information collections subject to approval 
under the Paperwork Reduction Act (PRA), (44 U.S.C.3501 et seq.). Since 
this rule eliminates a reporting requirement, the Agency certifies 
pursuant to section 605(b) of the Regulatory Flexibility Act (RFA) (5 
U.S.C. 601 et seq.), that this SNUR revocation will not have a 
significant economic impact on a substantial number of small entities.
    For the same reasons, this action does not require any action under 
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) (Pub. L. 
104-4). This rule has neither Federalism implications, because it will 
not have substantial direct effects 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 13132 entitled Federalism (64 FR 43255, 
August 10, 1999), nor Tribal implications, because it will not have 
substantial direct effects on one or more Indian Tribes, on the 
relationship between the Federal Government and Indian Tribes, or on 
the distribution of power and responsibilities between the Federal 
Government and Indian Tribes, as specified in Executive Order 13175 
entitled Consultation and Coordination with Indian Tribal Governments 
(65 FR 67249, November 9, 2000).
    This action is not subject to Executive Order 13045 entitled 
Protection of Children from Environmental Health Risks and Safety Risks 
(62 FR 19885, April 23, 1997), because this is not an economically 
significant regulatory action as defined under Executive Order 12866, 
and it does not address environmental health or safety risks 
disproportionately affecting children. This action is not subject to 
Executive Order 1311, entitled Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use (66 FR 28355, 
May 22, 2001), because this action is not expected to affect energy 
supply, distribution, or use. Because this action does not involve any 
technical standards, section 12(d) of the National Technology Transfer 
and Advancement Act of 1995 (NTTAA), Public Law 104-113, section 12(d) 
(15 U.S.C. 272 note), does not apply to this action. This action does 
not involve special considerations of environmental justice related 
issues 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).

IV. Congressional Review Act (CRA)

    Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.), 
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 action 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: March 12, 2015.
Maria J. Doa,
Director, Chemical Control Division.

    Therefore, 40 CFR chapter I is amended as follows:

PART 721--[AMENDED]

0
1. The authority citation for part 721 continues to read as follows:

    Authority: 15 U.S.C. 2604, 2607, and 2625(c).

[[Page 15517]]

Sec.  721.4680  [Removed]

0
2. Remove Sec.  721.4680.

[FR Doc. 2015-06474 Filed 3-23-15; 8:45 am]
 BILLING CODE 6560-50-P


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