[Federal Register Volume 62, Number 6 (Thursday, January 9, 1997)]
[Proposed Rules]
[Pages 1305-1306]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-513]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 721

[OPPTS-50610C; FRL-5578-6]


Certain Acrylate Esters; Withdrawal of Proposed Significant New 
Use Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Withdrawal of proposed rule.

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SUMMARY: EPA is withdrawing a proposed significant new use rule (SNUR) 
for certain acrylate substances based on receipt of new toxicity data. 
The data, which were generated through a voluntary industry testing 
program, resulted in a significant lowering of hazard concerns for 
acrylate substances such that EPA can no longer support a finding that 
activities designated by the proposed SNUR are significant new uses 
under section 5(a) of TSCA.

FOR FURTHER INFORMATION CONTACT: Susan B. Hazen, Director, 
Environmental Assistance Division (7408), Office of Pollution 
Prevention and Toxics, Environmental Protection Agency, Rm. E-543A, 401 
M St., SW., Washington, DC 20460; telephone: (202) 554-1404; TDD: (202) 
554-0551; e-mail: TSCA-H<a href="/cdn-cgi/l/email-protection#b6d9c2dadfd8d3f6d3c6d7dbd7dfda98d3c6d798d1d9c0"><span class="__cf_email__" data-cfemail="e9869d8580878ca98c998884888085c78c9988c78e869f">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: In the Federal Register of November 22, 1993 
(58 FR 61649) (FRL-4186-2), EPA proposed a SNUR to be codified at 40 
CFR 721.340 establishing significant new uses for certain acrylate 
esters. EPA is withdrawing this proposal in light of additional 
toxicity data received for acrylate substances

I. Rulemaking Record

    The rulemaking record for the proposed rule which is being 
withdrawn by today's rule was designated as OPPTS-50610. That record 
includes information considered by the Agency in developing the 
proposed rule and includes the test data to which the Agency has 
responded with this notice of withdrawal.

II. Background

    EPA is withdrawing the significant new use and recordkeeping 
requirements proposed for certain acrylate esters under 40 CFR part 
721, subpart E. Further background information for the substances is 
contained in the rulemaking record referenced in Unit I of this 
preamble.
    EPA proposed a SNUR which was to be codified at 40 CFR 721.340, 
establishing certain significant new uses for all acrylate substances 
falling within the ``acrylate category'' description, based on EPA's 
systematic regulation of this category of chemicals. The proposed SNUR 
was intended to serve as a chemical category-wide substitute for the 
Agency's current practice of regulating individual acrylate substances 
one-at-a-time as those substances underwent premanufacture notice 
review pursuant to section 5(e) of TSCA. The proposed SNUR would have 
saved time and resources for both EPA and PMN submitters. The Agency 
believed that available data were sufficient to warrant regulation, 
including the promulgation of a category SNUR, based on the potential 
unreasonable risk of cancer from uncontrolled exposure to acrylates.
    While the final rule was being developed, a voluntary testing 
program was being developed jointly by EPA and industry and was 
subsequently conducted by a group of acrylate manufacturers affected by 
acrylate regulation, the Specialty Acrylates Manufacturers (SAM). EPA 
and SAM negotiated this voluntary testing program for this category of 
chemicals based on SAM's commitment to conduct toxicity testing for 
acrylate and methacrylate substances. The purpose of the testing 
program was to cooperatively supply test data to address EPA's health 
concerns for the acrylate category. SAM conducted several short term 
studies on a series of acrylates and two long-term dermal bioassays on 
Triethylene Glycol Diacrylate (TREGDA) and Triethylene Glycol 
Dimethacrylate (TREGDMA). This testing was intended to correlate 
activity in certain short term assays with longer-term carcinogenic 
potential, as well as to better characterize the toxicity of the 
acrylate chemical category generally.
    After reviewing the test data generated by the voluntary testing 
program, including the long term bioassays, EPA found that neither 
TREGDA nor TREGDMA were carcinogenic under the conditions of the 
studies. Based on the TREGDMA bioassay and data for other 
methacrylates, EPA no longer supports the carcinogenicity concern for 
methacrylates. However, in the case of TREGDA, the maximum tolerated 
dose (MTD) may not have been attained because skin irritation noted in 
the range finding studies was not present over the entire term of the 
bioassay. Therefore, because the MTD may not have been attained in the 
TREGDA study, and based on available data for other acrylates, EPA 
still has concerns that some acrylates may be carcinogenic after 
repeated application at higher doses.

[[Page 1306]]

    Based on these findings EPA's regulation of the acrylates category 
under TSCA section 5(e) has changed. EPA no longer regulates these 
chemicals as a category for health concerns. However, if an acrylate or 
methacrylate substance is structurally similar to a substance for which 
EPA has positive toxicity data, EPA may regulate that substance under 
section 5(e) of TSCA based on its potential unreasonable risk. 
Henceforth this will be done on a case-by-case basis and is expected to 
effectively eliminate regulation of most acrylates and methacrylates 
for health concerns, especially higher molecular weight and polymeric 
substances. EPA will continue to evaluate the acrylate category for 
ecotoxicity; although these substances typically have low environmental 
releases during their manufacture, processing, and use which will 
continue to limit unreasonable risk findings under section 5(e) of TSCA 
for the environmental toxicity of this class of chemicals.
    Despite the fact that EPA no longer expects to make a potential 
unreasonable risk finding under TSCA section 5(e) for most new 
acrylates and methacrylates, EPA still recommends the use of personal 
protective equipment for workers exposed to new or existing chemical 
acrylates and methacrylates. In the case of dermal exposure, impervious 
gloves and protective clothing are recommended, and in the case of 
inhalation exposure, an appropriate National Institute of Occupational 
Safety and Health (NIOSH)-approved respirator or engineering controls 
to reduce or eliminate workplace exposures.

III. Objectives and Rationale of Withdrawing the Proposed Rule

    Based on the review of acrylate esters that are the subject of this 
withdrawal of a proposed SNUR, EPA concluded that for these substances, 
regulation was warranted under section 5(a) of TSCA pending the 
development of information sufficient to make reasoned evaluations of 
the health effects of the substance, and EPA identified the tests 
considered necessary to evaluate the risks of the substances. The basis 
for such findings is referenced in Unit II of this preamble. Based on 
these findings, a SNUR was proposed pending certain toxicity testing.
    EPA reviewed the toxicity testing conducted for certain acrylate 
substances, that were the result of a voluntary acrylates testing 
program and determined that it could no longer support a finding that 
activities designated by the proposed SNUR are significant new uses 
under section 5(a) of TSCA.
    In light of the above, EPA is withdrawing the proposed SNUR 
provisions for acrylate esters.

IV. Regulatory Assessment Requirements

    EPA is revoking the requirements of this rule. Any costs or burdens 
associated with this rule will also be eliminated when the rule is 
revoked. Therefore, EPA finds that no costs or burdens must be assessed 
under Executive Order 12866, the Regulatory Flexibility Act (5 U.S.C. 
605(b)), or the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

List of Subjects in 40 CFR Part 721

    Environmental protection, Chemicals, Hazardous materials, 
Recordkeeping and reporting requirements.
    For the reasons set forth in the preamble, the proposed rule 
published at 58 FR 61649, November 22, 1993, is withdrawn.

Dated: December 26, 1996.

Paul J. Campanella,
Acting Director, Chemical Control Division, Office of Pollution 
Prevention and Toxics.
[FR Doc. 97-513 Filed 1-8-97; 8:45 am]
BILLING CODE 6560-50-F


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