23678 Federal Register / Vol. 63, No. 83 /Thursday, April 30, 1998 /Rules and Regulations

and 252:200–3–4; Subchapter 5, Sections

252:200–5–1, 252:200–5–4 and 252:200–5–6;

and Subchapter 9, Section 252:200–9–2.

Copies of the Oklahoma regulations that

are incorporated by reference can be obtained

from The Oklahoma Register, Office of

Administrative Rules, Secretary of State, 101

State Capitol, Oklahoma City, Oklahoma

73105.

* * * * *

[FR Doc. 98–11385 Filed 4–29–98; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 721

[OPPTS–50622D; FRL–5782–5]

RIN 2070–AB27

Substituted Phenol; Significant New

Use Rule

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: EPA is issuing a significant

new use rule (SNUR) under section

5(a)(2) of the Toxic Substances Control

Act (TSCA) for the chemical substance

described as substituted phenol, which

is the subject of several premanufacture

notices (PMN) P–89–1125, P–91–87, P–

92–41, P–92–511, P–94–1527, and P–

94–1755. This rule would require

persons who intend to manufacture,

import, or process this substance for a

significant new use to notify EPA at

least 90 days before commencing any

manufacturing, importing, or processing

activities for a use designated by this

SNUR as a significant new use. The

required notice would provide EPA

with the opportunity to evaluate the

intended use and, if necessary, to

prohibit or limit that activity before it

can occur.

DATES: This rule is effective June 1,

1998.

FOR FURTHER INFORMATION CONTACT:

Susan B. Hazen, Director,

Environmental Assistance Division

(7408), Office of Pollution Prevention

and Toxics, Environmental Protection

Agency, Rm. E–543B, 401 M St., SW.,

Washington, DC 20460, telephone: (202)

554–1404, TDD: (202) 554–0551; e-mail:

TSCA-Hotline@epamail.epa.gov.

SUPPLEMENTARY INFORMATION:

Electronic Availability: Electronic

copies of this document 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/).

This SNUR would require persons to

notify EPA at least 90 days before

commencing the manufacture, import,

or processing of substituted phenol for

the significant new uses designated

herein. The required notice would

provide EPA with information with

which to evaluate an intended use and

associated activities.

I. Authority

Section 5(a)(2) of TSCA (15 U.S.C.

2604(a)(2)) authorizes EPA to determine

that a use of a chemical substance is a

‘‘significant new use.’’ EPA must make

this determination by rule after

considering all relevant factors,

including those listed in section 5(a)(2)

of TSCA. Once EPA determines that a

use of a chemical substance is a

significant new use, section 5(a)(1)(B) of

TSCA requires persons to submit a

notice to EPA at least 90 days before

they manufacture, import, or process the

chemical substance for that use. Section

26(c) of TSCA authorizes EPA to take

action under section 5(a)(2) of TSCA

with respect to a category of chemical

substances.

Persons subject to this SNUR would

comply with the same notice

requirements and EPA regulatory

procedures as submitters of

premanufacture notices under section

5(a)(1) of TSCA. In particular, these

requirements include the information

submission requirements of section 5(b)

and (d)(1), the exemptions authorized

by section 5(h)(1), (h)(2), (h)(3), and

(h)(5) and the regulations at 40 CFR part

720. Once EPA receives a SNUR notice,

EPA may take regulatory action under

section 5(e), 5(f), 6, or 7 to control the

activities for which it has received a

SNUR notice. If EPA does not take

action, section 5(g) of TSCA requires

EPA to explain in the Federal Register

its reasons for not taking action.

Persons who intend to export a

substance identified in a proposed or

final SNUR are subject to the export

notification provisions of TSCA section

12(b). The regulations that interpret

TSCA section 12(b) appear at 40 CFR

part 707.

II. Applicability of General Provisions

General regulatory provisions

applicable to SNURs are codified at 40

CFR part 721, subpart A. On July 27,

1988 (53 FR 28354) and July 27, 1989

(54 FR 31298), EPA promulgated

amendments to the general provisions

which apply to this SNUR. In the

Federal Register of August 17, 1988 (53

FR 31252), EPA promulgated a ‘‘User

Fee Rule’’ (40 CFR part 700) under the

authority of TSCA section 26(b).

Provisions requiring persons submitting

SNUR notices to submit certain fees to

EPA are discussed in detail in that

Federal Register document. Interested

persons should refer to these documents

for further information.

III. Background

EPA published a direct final SNUR for

the chemical substance, which was the

subject of PMNs P–89–1125, P–91–87,

P–92–41, P–92–511, P–94–1527, and P–

94–1755 in the Federal Register of

August 30, 1995 (60 FR 45072) (FRL–

4926–2). EPA received notice of intent

to submit adverse comments following

publication for this chemical substance.

Therefore, as required by § 721.160, the

final SNUR for P–89–1125 et al. was

withdrawn on June 26, 1997 (62 FR

34414) (FRL–5723–5) and a proposed

rule on the substance was issued on

June 26, 1997 (62 FR 34427) (FRL–

5723–6).

The background and reasons for the

SNUR are set forth in the preamble to

the proposed rule. EPA received

comments concerning the designated

significant new uses in the proposed

rule. The commenter proposed

alternative significant new uses that

would achieve the same result of

eliminating environmental releases to

surface waters. EPA’s response to the

comments is discussed in this document

and EPA is issuing a modified final rule.

The commenter stated that the

recordkeeping involved to ensure

compliance with the proposed SNUR

would hinder the commercial

development of the substance. The

commenter proposed several

alternatives. One was a SNUR limiting

use to an ingredient in a photoresist

formulation. The second was a SNUR

limiting use and production volume (a

10,000 kilogram (kg) per year

production volume limit was one

possibility). The third alternative was a

modified PMN choosing the binding box

option for use in part I, section

C(2)(a)(3) of the PMN form with the use

designated as ‘‘ingredient in photoresist

formulation.’’ The commenter also

stated that TSCA section 12(b) export

notification, especially for a formulated

product ingredient which will probably

remain confidential, is expected to

become a significant commercial barrier.

EPA rejected the binding box option

as the binding box on a PMN form is not

a legally enforceable requirement. While

the Agency prefers to issue performance

based regulations that directly address

the potential hazard to human health or

the environment such as the release to

surface water designations in the

proposed SNUR, EPA can and does

issue SNURs that indirectly limit
Federal Register / Vol. 63, No. 83 /Thursday, April 30, 1998 /Rules and Regulations 23679

releases based on information in the

PMN as well as public comment.

EPA’s analysis of uses in photoresist

formulations found no significant

releases to surface waters. In addition,

the SNUR is consistent with the existing

use of the PMN substance and addresses

the commenter’s concerns of customer

compliance with the SNUR. Based on

these reasons, EPA is issuing a final

SNUR limiting the use of the PMN

substance to an ingredient in a

photoresist formulation. Further, export

notification will still apply as TSCA

section 12(b) clearly states that any

substance or any formulation containing

that substance, subject to a rule under

TSCA section 5 is subject to export

notification.

IV. Applicability of SNUR to Uses

Occurring Before Effective Date of the

Final SNUR

EPA has decided that the intent of

section 5(a)(1)(B) of TSCA is best served

by designating a use as a significant new

use as of the date of proposal rather than

as of the effective date of the rule.

Because this SNUR was first published

on August 30, 1995, as a direct final

rule, that date will serve as the date after

which uses would be considered to be

new uses. If uses which had

commenced between that date and the

effective date of this rulemaking were

considered ongoing, rather than new,

any person could defeat the SNUR by

initiating a significant new use before

the effective date. This would make it

difficult for EPA to establish SNUR

notice requirements. Thus, persons who

begin commercial manufacture, import,

or processing of the substance for uses

that would be regulated through this

SNUR after August 30, 1995, would

have to cease any such activity before

the effective date of this rule. To resume

their activities, such persons would

have to comply with all applicable

SNUR notice requirements and wait

until the notice review period,

including all extensions, expires. EPA,

not wishing to unnecessarily disrupt the

activities of persons who begin

commercial manufacture, import, or

processing for a significant new use

before the effective date of the SNUR,

has promulgated provisions to allow

such persons to comply with this SNUR

before it is promulgated. If a person

were to meet the conditions of advance

compliance as codified at § 721.45(h)

(53 FR 28354, July 17, 1988), the person

would be considered to have met the

requirements of the final SNUR for

those activities. If persons who begin

commercial manufacture, import, or

processing of the substance between

proposal and the effective date of the

SNUR do not meet the conditions of

advance compliance, they must cease

that activity before the effective date of

the rule. To resume their activities,

these persons would have to comply

with all applicable SNUR notice

requirements and wait until the notice

review period, including all extensions,

expires.

V. Economic Analysis

EPA has evaluated the potential costs

of establishing significant new use

notice requirements for potential

manufacturers, importers, and

processors of the chemical substance at

the time of the direct final rule. The

analysis is unchanged for the substance

in this rule. The Agency’s complete

economic analysis is available in the

public record for this rule (OPPTS–

50622D).

VI. Public Record

The official record for this

rulemaking, as well as the public

version, has been established for this

rulemaking under docket control

number OPPTS–50622D (including

comments and data submitted

electronically). A public version of the

record, including printed, paper

versions of electronic comments, which

does not include any information

claimed as Confidential Business

Information (CBI), is available for

inspection from 12 noon to 4 p.m.,

Monday through Friday, excluding legal

holidays. The official rulemaking record

is located in the TSCA NonConfidential

Information Center, Rm. NE–B607, 401

M St., SW., Washington, DC.

VII. Regulatory Assessment

Requirements

Under Executive Order 12866 (58 FR

51735, October 4, 1993), this action is

not a ‘‘significant regulatory action’’

subject to review by the Office of

Management and Budget (OMB). In

addition, this action does not impose

any enforceable duty or contain any

unfunded mandate as described in the

Unfunded Mandates Reform Act of 1995

(Pub. L. 104–4), or require prior

consultation with State officials as

specified by Executive Order 12875 (58

FR 58093, October 28, 1993), or involve

special considerations of environmental

justice related issues as required by

Executive Order 12898 (59 FR 7629,

February 16, 1994).

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 OMB control number. The

information collection requirements

related to this action have already been

approved by OMB pursuant to the

Paperwork Reduction Act (PRA), 44

U.S.C. 3501 et seq., under OMB control

number 2070–0012 (EPA ICR No. 574).

This action does not impose any

burdens requiring additional OMB

approval. The public reporting burden

for this collection of information is

estimated to average 100 hours per

response. The burden estimate includes

the time needed to review instructions,

search existing data sources, gather and

maintain the data needed, and complete

and review the collection of

information.

In addition, pursuant to section 605(b)

of the Regulatory Flexibility Act (RFA)

(5 U.S.C. 601 et seq.), the Agency has

previously certified, as a generic matter,

that the promulgation of a SNUR does

not have a significant adverse economic

impact on a substantial number of small

entities. The Agency’s generic

certification for promulgation of new

SNURs appears on June 2, 1997 (62 FR

29684) (FRL–5597–1) and was provided

to the Chief Counsel for Advocacy of the

Small Business Administration.

VIII. Submission to Congress and the

General Accounting Office

Under 5 U.S.C. 801(a)(1)(A), as added

by the Small Business Regulatory

Enforcement Fairness Act of 1996, the

Agency has submitted 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 General

Accounting Office prior to publication

of this rule in today’s Federal Register.

This 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: April 21, 1998.

Charles M. Auer,

Director, Chemical Control Division, Office

of Pollution Prevention and Toxics.

Therefore, 40 CFR part 721 is

amended as follows:

PART 721—[AMENDED]

1. The authority citation for part 721

continues to read as follows:

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

2. By adding new § 721.5867 to read

as follows:

§ 721.5867 Substituted phenol.

(a) Chemical substance and

significant new uses subject to reporting.

(1) The chemical substance generically
23680 Federal Register / Vol. 63, No. 83 /Thursday, April 30, 1998 /Rules and Regulations

identified as substituted phenol (PMNs

P–89–1125, P–91–87, P–92–41, P–92–

511, P–94–1527, and P–94–1755) is

subject to reporting under this section

for the significant new uses described in

paragraph (a)(2) of this section.

(2) The significant new uses are:

(i) Industrial, commercial, and

consumer activities. Requirements as

specified in § 721.80(j) (ingredient in a

photoresist formulation).

(ii) [Reserved]

(b) Specific requirements. The

provisions of subpart A of this part

apply to this section except as modified

by this paragraph.

(1) Recordkeeping. Recordkeeping

requirements as specified in § 721.125

(a), (b), (c), and (i) are applicable to

manufacturers, importers, and

processors of this substance.

(2) Limitations or revocation of

certain notification requirements. The

provisions of § 721.185 apply to this

section.

[FR Doc. 98–11474 Filed 4–29–98; 8:45 am]

BILLING CODE 6560–50–F

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

43 CFR Part 2200

[WO–420–1050–00–24 1A]

RIN 1004–AC97

National Forest Exchanges

AGENCY: Bureau of Land Management,

Interior.

ACTION: Final rule.

SUMMARY: The Bureau of Land

Management (BLM) is removing 43 CFR

subpart 2202 in its entirety, and revising

section 2201.1–2(a) to include a

statement about segregative effect.

Subpart 2202 contains material that is

substantially covered by BLM’s general

Exchange regulations at 43 CFR 2201.

The new 43 CFR 2201.1–2(a), as revised

by this final rule, will cover any

additional material from the existing

subpart 2202. As a result, this removal

and revision action will have no impact

on BLM customers or the public at large.

EFFECTIVE DATE: June 1, 1998.

ADDRESSES: You may send inquiries or

suggestions to: Administrative Record

(630), Bureau of Land Management,

1849 C Street, NW., Washington, DC

20240.

FOR FURTHER INFORMATION CONTACT: Ted

Milesnick, Lands and Realty Group,

Bureau of Land Management, at (202)

452–7727.

SUPPLEMENTARY INFORMATION:

I. Background

II. Final Rule as Adopted

III. Responses to Comments

IV. Procedural Matters

I. Background

BLM is removing 43 CFR subpart

2202 because it duplicates sections

contained elsewhere in BLM’s

regulations, at 43 CFR 2201.1–2.

Subpart 2202 requires that exchange

proposals for the consolidation or

extension of national forests be filed

with the appropriate officer of the Forest

Service. It says that a request may be

made to the BLM to segregate the

National Forest System lands involved

in the exchange from appropriation

under the public land laws and the

mineral laws and also that any interests

of the United States in the non-Federal

lands to be acquired may be segregated

from the mineral laws. The period of

these segregations would not exceed 5

years from the date of notation.

Similar language can be found at

section 2201.1–2 (as well as in the

Forest Service regulations at 36 CFR

Part 254, Subpart A); with only two

differences. First, section 2201.1–2 does

not include the authorities section

found at 2202.1(a), or the statement that

proposals for exchange of National

Forest System lands must be filed with

the Forest Service in accordance with 36

CFR 254. However, regulations which

direct people to comply with other valid

regulations are redundant and

unnecessary, and the authorities will be

added to section 2201.1–2.

Second, section 2201.1–2 exists in a

CFR part that defines Federal lands as

those lands administered by BLM, not

National Forest System lands. However,

amending this section to apply its

provisions to National Forest System

lands as well (as the Forest Service’s

regulations already do) will insure that

the removal of 43 CFR 2202 cannot alter

any existing rights or obligations. This

rule accomplishes that amendment by

adding 43 CFR 2201.1–2(e) below,

renders subpart 2202 completely

redundant and unnecessary, and

removes subpart 2202 from the Code of

Federal Regulations.

The final rule published today is a

stage of a rulemaking process that will

complete the removal of 43 CFR subpart

2202 and the revision of 43 CFR 2201.1–

2. This rule was preceded by a proposed

rule which introduced this action and

BLM’s purpose and need. The proposed

rule was published in the Federal

Register on September 11, 1996 (61 FR

47855). This proposed rule was

intended to give anyone who would be

adversely affected by this action an

opportunity to call their concerns to our

attention. The BLM invited public

comments for 30 days and received no

comments.

II. Final Rule as Adopted

This rule will remove all of 43 CFR

subpart 2202—Exchanges: National

Forest Exchanges. In addition, it will

amend 43 CFR 2201.1–2 to enable this

section to perform all of the functions

currently accomplished by 43 CFR

subpart 2202. Therefore, this removal

will not affect existing laws or the rights

of the United States, BLM, or the public

at large.

The new section is designed to extend

the coverage of the general exchange

provisions in 43 CFR section 2201.1–2

to include the National Forest

exchanges conducted in nearly identical

fashion by 43 CFR subpart 2202. Very

few differences exist between the two

sets of regulations, but some of those

differences are substantive in nature and

require the amendment that this rule

promulgates. Therefore, a new

subsection will be added at 43 CFR

2201.1–2(e) which will accomplish

three important tasks. First, it will say

that this section also applies to

proposals to exchange lands under the

National Forest System; until now this

section only applied to exchanges of

BLM lands. Secondly, it will direct that

exchanges of National Forest System

lands be conducted in accordance with

the Forest Service regulations at 36 CFR

part 254. Finally, it will permit the

authorized Forest Service officer to

request the appropriate BLM State

Office to segregate the land at issue by

making a notation on the public land

records. Since amended 43 CFR 2201.1–

2(e) will accomplish these tasks, all of

subpart 2202 will be expendable, and

may be removed at this same time

without any substantive impact on the

United States, BLM, or the public at

large.

43 CFR 2202.1(a) contains the

authorities’ cites for the remainder of

the subpart. This includes statutory

citations and a reference to the

regulations of the U.S. Forest Service

which govern exchanges of National

Forest lands. These citations, as well as

the requirement that proposals shall be

filed in accordance with Forest Service

regulations, will be relocated to 43 CFR

2201.1–2(e) by the amendment

contained in this rule. Therefore,

elimination of this section will have no

substantive effect.

Subsection (b) of 43 CFR 2202.1

largely duplicates the general exchange

provisions found at 43 CFR 2201.1–2(a).

The only substantive difference is that

§ 2201.1–2 applies to segregations of