Federal Register / Vol. 63, No. 13 / Wednesday, January 21, 1998 / Notices 3109

the project area. Anyone interested in

participating in the site visit may

contact the Commission’s Office of

External Affairs identified at the end of

this notice for more details and must

provide their own transportation.

Becoming an Intervenor

In addition to involvement in the EIS

scoping process, you may want to

become an official party to the

proceeding or become an ‘‘intervenor.’’

Among other things, intervenors have

the right to receive copies of caserelated Commission documents and

filings by other intervenors. Likewise,

each intervenor must provide copies of

its filings to all other parties. If you

want to become an intervenor you must

file a motion to intervene according to

Rule 214 of the Commission’s Rules of

Practice and Procedure (18 CFR

385.214) (see appendix 3).

The date for filing of timely motions

to intervene in this proceeding has

passed. Therefore, parties now seeking

to file late interventions must show

good cause, as required by section

385.214(b)(3), why this time limitation

should be waived. Environmental issues

have been viewed as good cause for late

intervention. You do not need

intervenor status to have your

environmental comments considered.

Environmental Mailing List

This notice is being sent to

individuals, organizations, and

government entities interested in and/or

potentially affected by the proposed

project. It is also being sent to all

identified potential right-of-way

grantors. As details of the project

become established, representatives of

Vector may also separately contact

landowners, communities, and public

agencies concerning project matters,

including acquisition of permits and

rights-of-way.

All commentors will be retained on

our mailing list. If you do not want to

send comments at this time but still

want to keep informed and receive

copies of the Draft and Final EIS, you

must return the Information Request

(appendix 4). If you do not send

comments or return the Information

Request, you will be taken off the

mailing list.

Additional information about the

proposed project is available from Paul

McKee in the Commission’s Office of

External Affairs at (202) 208–1088.

Linwood A. Watson, Jr.,

Acting Secretary.

[FR Doc. 98–1336 Filed 1–20–98; 8:45 am]

BILLING CODE 6717–01–M

ENVIRONMENTAL PROTECTION

AGENCY

[OPPTS–42203B; FRL–5766–7]

Enforceable Consent Agreement

Development for Diethanolamine;

Solicitation of Interested Parties and

Notice of Public Meeting

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice.

SUMMARY: EPA is soliciting interested

parties who want to monitor or

participate in negotiations on an

enforceable consent agreement (ECA)

concerning the use of pharmacokinetics

(PK) studies and mechanistic data to

help meet testing requirements for

diethanolamine (CAS No. 111–42–2) in

the proposed hazardous air pollutants

(HAPs) test rule. In addition, EPA

invites all interested parties to attend a

public meeting to initiate negotiations

on the ECA for diethanolamine.

DATES: EPA must receive written

notification requesting designation as an

interested party for diethanolamine on

or before February 11, 1998. Those

persons who identify themselves as

interested parties for diethanolamine

may submit written comments to EPA

on the PK proposal for this chemical, on

EPA’s preliminary technical analysis,

and on other materials in the docket for

the proposed HAPs test rule, that relate

to the ECA process for this chemical by

February 11, 1998.

The public meeting is scheduled from

9:00 a.m. to 5:00 p.m. on February 24,

1998.

ADDRESSES: Each comment must bear

the docket control number OPPTS–

42203B. All comments should be sent in

triplicate to: OPPT Document Control

Officer (7407), Office of Pollution

Prevention and Toxics, Environmental

Protection Agency, 401 M St., SW., Rm.

G–099, East Tower, Washington, DC

20460.

EPA will address these comments at

the public meeting.

Comments and data may also be

submitted electronically to:

oppt.ncic@epamail.epa.gov. following

the instructions under Unit VI. of this

document. No Confidential Business

Information (CBI) should be submitted

through e-mail.

All comments which contain

information claimed as CBI must be

clearly marked as such. Three sanitized

copies of any comments containing

information claimed as CBI must also be

submitted and will be placed in the

public record for this document.

Persons submitting information on any

portion of which they believe is entitled

to treatment as CBI by EPA must assert

a business confidentiality claim in

accordance with 40 CFR 2.203(b) for

each such portion. This claim must be

made at the time that the information is

submitted to EPA. If a submitter does

not assert a confidentiality claim at the

time of submission, EPA will make the

information available to the public

without further notice to the submitter.

The public meeting will be held at

EPA Headquarters, 401 M St., SW.,

Washington, DC in the EPA Conference

Center, North Conference Area in Room

1.

FOR FURTHER INFORMATION CONTACT: For

additional information: Susan B. Hazen,

Director, Environmental Assistance

Division (7408), Rm. ET–543B, Office of

Pollution Prevention and Toxics,

Environmental Protection Agency, 401

M St., SW., Washington, DC 20460;

telephone: (202) 554–1404, TDD: (202)

554–0551; e-mail address: TSCAHotline@epamail.epa.gov.

For technical information: Richard W.

Leukroth, Jr., Project Manager, Chemical

Control Division (7405), Office of

Pollution Prevention and Toxics,

Environmental Protection Agency, 401

M St., SW., Washington, DC 20460;

telephone: (202) 260–0321; fax: (202)

260–8850; e-mail address:

leukroth.rich@epamail.epa.gov.

SUPPLEMENTARY INFORMATION:

I. Electronic Availability

Internet: Electronic copies of this

document and various support

documents 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/EPA-TOX/1998/).

II. Background

EPA proposed health effects testing

under section 4(a) of the Toxic

Substances Control Act (TSCA) on June

26, 1996, for a number of HAPs

chemicals (61 FR 33178) (FRL–4869–1).

As indicated in the proposed HAPs test

rule, EPA would use the data obtained

from testing to implement several

provisions of section 112 of the Clean

Air Act (CAA), including the

determination of residual risk, the

estimation of the risks associated with

accidental releases of chemicals, and

determinations whether substances

should be removed from the CAA

section 112(b)(1) list of hazardous air

pollutants (delisting). The data also

would be used by other Federal agencies

(e.g. Agency for Toxic Substances and

Disease Registry (ATSDR), National
3110 Federal Register / Vol. 63, No. 13 / Wednesday, January 21, 1998 / Notices

Institute of Occupational Safety and

Health (NIOSH), Occupational Safety

and Health Administration (OSHA), and

Consumer Product Safety Commission

(CPSC)) in assessing chemical risks and

in taking appropriate actions within

their programs.

In the proposed HAPs test rule, EPA

invited the submission of proposals for

pharmacokinetics (PK) studies for the

HAPs chemicals, which could provide

the basis for negotiation of ECAs. These

PK studies would be used to inform

EPA about the use of route-to-route

extrapolation of toxicity data from

routes other than inhalation to predict

the effects of inhalation exposure, as an

alternative to testing proposed under the

HAPs test rule. EPA received a PK

proposal for diethanolamine from the

Chemical Manufacturers Association,

Alkanolamines Panel (CMA

Alkanolamines Panel) on November 25,

1996. Based on the PK proposal

received for diethanolamine, the Agency

developed a preliminary technical

analysis. A copy of this preliminary

technical analysis was sent to the CMA

Alkanolamines Panel on November 21,

1997. The CMA Alkanolamines Panel

reviewed EPA’s analysis and notified

EPA on December 31, 1997, that it has

a continued interest in pursuing the

ECA process. A copy of the PK proposal,

the EPA preliminary technical analysis

and related references, and

correspondence is contained in the

public record for this ECA process.

These materials will be used during

discussions at the negotiating meeting.

EPA has decided to proceed with the

ECA process for diethanolamine and is

providing public notice that the Agency

is hereby initiating the procedures for

ECA negotiations for the HAP chemical,

diethanolamine. The procedures for

ECA negotiations are described at 40

CFR 790.22(b).

EPA does not intend to publish

additional Federal Register documents

to solicit interested parties and

announce public meetings to initiate

ECA proceedings for other HAPs

chemicals for which PK proposals were

submitted in response to the June 26,

1996 EPA invitation to submit PK

proposals. In a letter dated December 4,

1997, the Chlorobenzene Producers

Association did not express a continued

interest to enter into ECA proceedings

for the HAPs chemical 1,2,4-

trichlorobenzene. In the December 24,

1997 amendment to the HAPs

rulemaking (62 FR 67466) (FRL–5742–

2), EPA invited the submission of

proposals for ECAs on all the HAPs

chemicals for which ECA proposals

have not been received (62 FR 67474).

If the Agency receives such alternative

testing proposals and decides to proceed

with ECA proceedings for these

proposals, it will publish, as

appropriate, additional Federal Register

documents soliciting persons to notify

the Agency in writing of their interest in

participating in or monitoring

negotiations for the development of

ECAs for the development of alternative

testing to meet HAPs rule testing

requirements.

With the publication of this document

EPA has published a total of seven

solicitations of interested parties and

announcements of public meetings for

ECAs on HAPs chemicals. EPA does not

intend to publish additional Federal

Register documents to solicit interested

parties and announce public meetings to

initiate ECA proceedings for other HAPs

chemicals for which PK proposals were

submitted in response to the EPA

invitation to submit PK proposals that

was contained in the original HAPs

proposal, dated June 26, 1996 (61 FR

33178). In a letter to EPA dated

December 4, 1997, the Chlorobenzene

Producers Association did not express a

continued interest in entering into ECA

proceedings for the HAPs chemical

1,2,4-trichlorobenzene.

In the December 24, 1997, amendment

to the proposed HAPs rule (62 FR

67466), EPA invited the submission of

proposals for ECAs on all the HAPs

chemicals for which ECA proposals

have not been received. If the Agency

receives such alternative testing

proposals and decides to proceed with

ECA proceedings for these proposals, it

will publish, as appropriate, additional

Federal Register documents soliciting

persons to notify the Agency in writing

of their interest in participating in or

monitoring negotiations for the

development of ECAs for alternative

testing to meet HAPs rule testing

requirements.

Negotiations on developing an ECA

for the HAP chemical, diethanolamine,

will focus on the use of PK studies and

mechanistic data to help meet testing

requirements for diethanolamine. In

addition, discussion will include the

adequacy of the available data base to be

used for extrapolation to obtain the data

needs identified for diethanolamine in

the proposed HAPs test rule, as

amended. The objective of the ECA

process is to conclude an ECA that will

set in place an industry-sponsored

testing program that will adequately

address EPA’s data needs for

diethanolamine.

III. Identification of Interested Parties

EPA is soliciting interested parties to

monitor or participate in testing

negotiations on an ECA for

diethanolamine. The CMA

Alkanolamines Panel, the submitter of

the PK proposal for diethanolamine, and

the member companies of the CMA

Alkanolamines Panel are already

considered interested parties and do not

need to respond to this document.

Additionally, any persons who respond

to this document on or before February

11, 1998 will be given the status of

interested parties. Interested parties

must respond in writing to the address

specified in the ‘‘ADDRESSES’’ at the

beginning of this document. These

interested parties will not incur any

obligations by being so designated.

Negotiations will be conducted in one

or more meetings open to the public.

The negotiation time schedule for

diethanolamine will be established at

the first negotiation meeting and will

not exceed a period of 4 months from

the initial meeting. If an ECA is not

established in principle within this

timeframe and EPA does not choose to

extend the negotiation time period,

negotiations will be terminated and

testing will be required under the final

HAPs test rule. If the testing from the

ECA does not meet the Agency’s needs,

EPA reserves the right to enter into

rulemaking.

IV. Public Participation in Negotiations

Under EPA regulations, the Agency is

required to provide the public with an

opportunity to comment on and

participate in the development of ECAs.

The procedural rule for ECAs (40 CFR

part 790) contains provisions to ensure

that the views of interested parties are

taken into account during the ECA

process.

Individuals and groups who respond

to this document will have the status of

interested parties. All negotiating

meetings for the development of this

ECA for diethanolamine will be open to

the public and minutes of each meeting

will be prepared by EPA and placed in

the public docket for this ECA process.

The Agency will advise interested

parties of meeting dates and make

available meeting minutes, testing

proposals, background documents, and

other materials exchanged at or

prepared for negotiating meetings.

Where tentative agreement is reached on

an acceptable testing program, a draft

ECA will be made available for

comment by interested parties and, if

necessary, EPA will hold a public

meeting to discuss any comments that

have been received and determine

whether revisions to the ECA are

appropriate. EPA will not reimburse

costs incurred by non-EPA participants

in this ECA negotiation process.
Federal Register / Vol. 63, No. 13 / Wednesday, January 21, 1998 / Notices 3111

ECAs will only be concluded where

an agreement can be obtained which is

satisfactory to the Agency,

manufacturers or processors who are

potential test sponsors, and other

interested parties, concerning the need

for and scope of testing. In the absence

of an ECA, EPA reserves the right to

proceed with rulemaking.

A. The Agency will not enter into an

ECA if either:

1. EPA and affected manufacturers or

processors cannot reach an agreement

on the provisions of the ECA; or

2. The draft ECA is considered

inadequate by other interested parties

who have submitted timely written

objections to the draft ECA.

B. EPA may reject these objections if

the Agency concludes either that:

1. They are not made in good faith;

2. They are untimely;

3. They are not related to the

adequacy of the proposed testing

program or other features of the

agreement that may affect EPA’s ability

to fulfill the goals and purposes of

TSCA; or

4. They are not accompanied by a

specific explanation of the grounds on

which the draft agreement is considered

objectionable.

EPA will prepare an explanation of

the basis for each ECA. The explanatory

document will summarize the

agreement (including the required

testing), explain the objectives of the

testing, and outline the chemical’s use

and exposure characteristics. The

document, which will also announce

the availability of the ECA, will be

published in the Federal Register.

V. Proposal of Export Notification

Requirements for Diethanolamine

EPA intends to publish a proposed

rule in an upcoming Federal Register

document to require export notification

by all persons who export or intend to

export diethanolamine under TSCA

section 12(b) upon the successful

conclusion of an ECA for

diethanolamine.

VI. Public Record and Electronic

Submissions

As described above, diethanolamine

is listed as a chemical that would be

subject to testing requirements under

the proposed HAPs test rule, as

amended. This ECA negotiation process

and the proposed rule, as amended, are

separate and parallel activities. The

official record for this ECA action,

including the public version, has been

established under docket control

number OPPTS–42203B (including

comments and data submitted

electronically as described below). The

official record for this document also

includes all material and submissions

filed under docket control number

OPPTS–42187A, the record for the

proposed HAPs test rule, as amended,

and all materials and submissions filed

under docket control number OPPTS–

42187B, the record for the receipt of

alternative testing proposals for

developing ECAs for HAPs chemicals.

The official record for this document,

including the public version, which

does not include any information

claimed as CBI, has been established for

this document under docket control

number OPPTS–42203B. The public

version of this record is available for

inspection from 12 noon to 4 p.m.,

Monday through Friday, excluding legal

holidays. The public record is located in

the TSCA Nonconfidential Information

Center, Rm. NE B–607, 401 M St., SW.,

Washington, DC 20460.

Electronic comments can be sent

directly to EPA at:

oppt.ncic@epamail.epa.gov.

Electronic comments must be

submitted as an ASCII file avoiding the

use of special characters and any form

of encryption. Comments and data will

also be accepted on disks in

WordPerfect 5.1/6.1 or ASCII file

format. All comments and data in

electronic form must be identified by

the docket control number OPPTS–

42203B. Electronic comments on this

document may be filed online at many

Federal Depository Libraries.

The record contains the following

information:

A. Federal Register notices/EPA

documents pertaining to this notice

consisting of:

1. ‘‘Proposed Test Rule for Hazardous

Air Pollutants; Proposed Rule’’ (61 FR

33178, June 26, 1996).

2. ‘‘Amended Proposed Test Rule for

Hazardous Air Pollutants; Extension of

Comment Period‘‘ (62 FR 67476,

December 24, 1997).

B. PK proposal materials consisting

of:

1. Chemical Manufacturers

Association, Alkanolamine Panel,

‘Proposal for Pharmacokinetics Studies

of Diethanolamine‘‘ (November 25,

1996).

2. U.S. EPA, ‘‘Preliminary EPA

Technical Analysis of Proposed

Industry Pharmacokinetics (PK) Strategy

for Diethanolamine‘‘ and cover letter

(November 21, 1997).

List of Subjects

Environmental protection, Chemicals,

Hazardous substances, Reporting and

recordkeeping requirements.

Dated: January 13, 1998.

Wardner G. Penberthy,

Acting Director, Chemical Control Division,

Office of Pollution Prevention and Toxics.

[FR Doc. 98–1355 Filed 1–20–98; 8:45 am]

BILLING CODE 6065–50–F

ENVIRONMENTAL PROTECTION

AGENCY

[OPPTS–42202B; FRL–5766–6]

Enforceable Consent Agreement

Development for Ethylene Glycol;

Solicitation of Interested Parties and

Notice of Public Meeting

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice.

SUMMARY: EPA is soliciting interested

parties who want to monitor or

participate in negotiations on an

enforceable consent agreement (ECA)

concerning the use of pharmacokinetics

(PK) studies and mechanistic data to

help meet testing requirements for

ethylene glycol (CAS No. 107–21–1) in

the proposed hazardous air pollutants

(HAPs) test rule. In addition, EPA

invites all interested parties to attend a

public meeting to initiate negotiations

on the ECA for ethylene glycol.

DATES: EPA must receive written

notification requesting designation as an

interested party for ethylene glycol on

or before February 11, 1998. Those

persons who identify themselves as

interested parties for ethylene glycol

may submit written comments to EPA

on the PK proposal for this chemical, on

EPA’s preliminary technical analysis,

and on other materials in the docket for

the proposed HAPs test rule, that relate

to the ECA process for this chemical by

February 11, 1998.

The public meeting is scheduled from

9:00 a.m. to 1:00 p.m. on February 23,

1998.

ADDRESSES: Each comment must bear

the docket control number, OPPTS–

42202B. All comments should be sent in

triplicate to: OPPT Document Control

Officer (7407), Office of Pollution

Prevention and Toxics, Environmental

Protection Agency, 401 M St., SW., Rm.

G–099, East Tower, Washington, DC

20460.

EPA will address these comments at

the public meeting.

Comments and data may also be

submitted electronically to:

oppt.ncic@epamail.epa.gov. following

the instructions under Unit VI. of this

document. No Confidential Business

Information (CBI) should be submitted

through e-mail.