32656 Federal Register / Vol. 63, No. 114 / Monday, June 15, 1998 / Notices

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–

400131. Electronic comments on this

action may be filed online at many

Federal Depository Libraries.

List of Subjects

Environmental protection.

Dated: June 9, 1998.

Cassandra Vail,

Designated Federal Official, Office of

Pollution Prevention and Toxics.

[FR Doc. 98–15858 Filed 6–12–98; 8:45 am]

BILLING CODE 6560–50–F

ENVIRONMENTAL PROTECTION

AGENCY

[OPPTS–42205B; FRL–5798–3]

Enforceable Consent Agreement

Development for Methyl Isobutyl

Ketone (MIBK); 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) for

conducting a reproductive toxicity

study to meet testing requirements for

the methyl isobutyl ketone (MIBK)/ECA

negotiations in the proposed Toxic

Substances Control Act (TSCA) section

4 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 MIBK.

DATES: EPA must receive written

notification requesting designation as an

interested party for the MIBK/ECA

negotiations on or before . Those

persons who identify themselves as

interested parties may submit written

comments to EPA on the reproductive

toxicity study proposal for this chemical

and other materials in the docket for the

proposed HAPs test rule that relate to

the ECA process for this chemical by

July 6, 1998.

The public meeting is scheduled from

1 p.m. to 3 p.m. on July 16, 1998.

ADDRESSES: Each comment must bear

the docket control number, OPPTS–

42205B. 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. The Document Control Office

telephone number is (202) 260–7093.

EPA will address these comments at

the public meeting.

Comments and data may also be

submitted electronically to:

oppt.ncic@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 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

3.

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@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)

260–1096; e-mail address:

leukroth.rich@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 TSCA section 4(a) 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

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. On

December 24, 1997, in an amendment to

the proposed HAPs test rule (62 FR

67466) (FRL–5742–2), EPA provided the

opportunity for the submission of ECA

proposals for alternative testing that

could fulfill the testing needs described

in the proposed HAPs test rule, as

amended. The Agency indicated that

such ECA proposals may or may not

include PK and mechanistic data

development as a component of the

alternative testing proposal. EPA

received alternative testing proposals to

perform reproductive toxicity testing for

MIBK from the Ketones Panel of the

Chemical Manufacturers Association

(CMA Ketones Panel) on December 11,

1996 and March 30, 1998. The Agency

has completed its preliminary review of

the CMA Ketones Panel proposal and

determined that there is sufficient merit

to proceed with ECA negotiations

focussed specifically on fulfilling the

proposed HAPs test rule need for a 2-

generation reproduction study of MIBK.

This was documented in subsequent

correspondence between EPA and the

CMA Ketones Panel. A copy of the

proposal and correspondence is

contained in the public record for this

ECA process. These materials will be
Federal Register / Vol. 63, No. 114 / Monday, June 15, 1998 / Notices 32657

used during discussions at the

negotiating meeting. EPA is hereby

initiating the procedures for ECA

negotiations for the HAPs chemical,

MIBK. The procedures for ECA

negotiations are described at 40 CFR

790.22(b).

The proposed HAPs test rule, as

amended on December 24, 1997 (62 FR

67466) (FRL–5742–2) and on April 21,

1998 (63 FR 19694) (FRL–5780–6), and

the ECA negotiations on chemicals

included in the proposed rule are

separate and parallel activities. While

the Agency’s objective of obtaining data

could be accomplished by either

activity, EPA recognizes that the final

testing program performed by industry

may differ depending on whether it is

accomplished under the final HAPs test

rule or via the ECA process. During the

course of ECA negotiations, additional

information may be brought forward

that could cause the Agency to reevaluate the nature of the testing

requirements as stated in the proposed

HAPs test rule, as amended. This could

result in the development of an ECA

that would fulfill the Agency’s data

needs in ways not stated in the

proposed HAPs test rule, as amended. It

is therefore essential for all interested

parties to recognize these differences at

the outset and respond accordingly

within the framework of these two

separate and parallel activities.

Comments on the proposed HAPs test

rule, as amended, must be submitted

under docket control number, OPPTS–

42187A, as described in the proposed

HAPs test rule, as amended, and will be

addressed by EPA via the rulemaking

process, which is separate and distinct

from the ECA process. Participation in

the ECA process is described in Units II.

through IV. of this preamble.

Negotiations on developing an ECA

for MIBK will focus on 2-generation

reproductive toxicity testing. The

objective of the ECA process is to

conclude an ECA that will set in place

industry-sponsored testing that will

adequately address EPA’s data needs for

the proposed HAPs reproductive

toxicity testing requirement for MIBK.

III. Identification of Interested Parties

EPA is soliciting interested parties to

monitor or participate in testing

negotiations on an ECA for MIBK. The

CMA Ketones Panel, the submitter of

the 2-generation reproduction study

proposal for MIBK, and the member

companies of the CMA Ketones 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 July 6, 1998 will be given the

status of interested parties. Interested

parties must respond in writing to the

address specified in the ‘‘ADDRESSES’’

section located 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 MIBK 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 proceed with

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 MIBK 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 acceptable

testing, 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.

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 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 MIBK

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 MIBK under TSCA section 12(b)

upon the successful conclusion of an

ECA for MIBK.

VI. Public Record and Electronic

Submissions

As described above, MIBK 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 on MIBK, including the

public version, has been established

under docket control number OPPTS–

42205B (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; FRL–4869–1,

the record for the proposed HAPs test

rule, as amended, and all materials and

submissions filed under docket control

number OPPTS–42187B; FRL–4869–1,

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
32658 Federal Register / Vol. 63, No. 114 / Monday, June 15, 1998 / Notices

claimed as CBI, has been established for

this document under docket control

number OPPTS–42205B. 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@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–

42205B. 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 67466,

December 24, 1997).

3. ‘‘Amended Proposed Test Rule for

Hazardous Air Pollutants; Extension of

the Comment Period’’ (63 FR 19694,

April 21 1998).

B. Alternative ECA proposal materials

consisting of:

1. Letter from Langley A. Spurlock,

Chemical Manufacturers Association to

Charles M. Auer, EPA with attachment

entitled: ‘‘Alternative Testing Proposal

for Methyl Isobutyl Ketone,’’ Chemical

Manufacturers Association Ketones

Panel, December 11, 1996.

2. Letter from Courtney M. Price,

Chemical Manufacturers Association,

Ketones Panel to Charles M. Auer, EPA,

March 30, 1998, with attachments

entitled: ‘‘Alternative Testing Proposal

for Methyl Isobutyl Ketone,’’ and

‘‘Comments of the Chemical

Manufacturers Association Ketones

Panel on EPA’s Proposed Test Rule for

Hazardous Air Pollutants.’’

C. Letters, facsimilies, electronic

correspondence, and contact reports

consisting of:

1. Letter from Charles M. Auer, EPA

to Barbara Francis, Chemical

Manufacturers Association Ketones

Panel, February 26, 1997.

2. EPA Contact Report from Charles

M. Auer, EPA with William Rawson,

Chemical Manufacturers Association

Ketones Panel, January 5, 1998.

3. Email from Charles M. Auer, EPA

to William Rawson, Chemical

Manufacturers Association Ketones

Panel, March 9, 1998.

4. Email from Charles M. Auer, EPA

to William Rawson, Chemical

Manufacturers Association Ketones

Panel, March 13, 1998.

List of Subjects

Environmental protection, Chemicals,

Hazardous substances, Reporting and

recordkeeping requirements.

Dated: June 9, 1998.

Ward Penberthy,

Acting Director, Chemical Control Division,

Office of Pollution Prevention and Toxics.

[FR Doc. 98–15856 Filed 6–12–98; 8:45 am]

BILLING CODE 6065–50–F

ENVIRONMENTAL PROTECTION

AGENCY

[OPP–30455; FRL–5792–6]

Certain Companies; Applications to

Register Pesticide Products

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice.

SUMMARY: This notice announces receipt

of applications to register pesticide

products containing new active

ingredients not included in any

previously registered products pursuant

to the provisions of section 3(c)(4) of the

Federal Insecticide, Fungicide, and

Rodenticide Act (FIFRA), as amended.

DATES: Written comments must be

submitted by July 15, 1998.

ADDRESSES: By mail, submit written

comments identified by the document

control number [OPP–30455] and the

file symbols to: Public Information and

Records Intregrity Branch, Information

Resources and Services Division

(7502C), Office of Pesticide Programs,

Environmental Protection Agency, 401

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

person, bring comments to:

Environmental Protection Agency, Rm.

119, CM #2, 1921 Jefferson Davis Hwy.,

Arlington, VA.

Comments and data may also be

submitted electronically to: oppdocket@epamail.epa.gov. Follow the

instructions under ‘‘SUPPLEMENTARY

INFORMATION.’’ No Confidential

Business Information (CBI) should be

submitted through e-mail.

Information submitted as a comment

concerning this notice may be claimed

confidential by marking any part or all

of that information as CBI. Information

so marked will not be disclosed except

in accordance with procedures set forth

in 40 CFR part 2. A copy of the

comment that does not contain CBI

must be submitted for inclusion in the

public record. Information not marked

confidential may be disclosed publicly

by EPA without prior notice. The public

docket is available for public inspection

in Rm. 119 at the Virginia address given

above, from 8:30 a.m. to 4 p.m., Monday

through Friday, excluding holidays.

FOR FURTHER INFORMATION CONTACT: The

product manager listed in the table

below:

Product Manager Office location/telephone number Address

James Tompkins (PM

25).

Rm. 239, CM #2, 703–305–5697, e-mail:tompkins.james@epamail.epa.gov. 1921 Jefferson Davis Hwy, Arlington, VA

Marion Johnson (PM 10) Rm. 208, CM #2, 703–305–6788, e-mail: johnson.marion@epamail.epa.gov. Do.

SUPPLEMENTARY INFORMATION: EPA

received applications as follows to

register pesticide products containing

active ingredients not included in any

previously registered products pursuant

to the provision of section 3(c)(4) of

FIFRA. Notice of receipt of these

applications does not imply a decision

by the Agency on the applications.

I. Products Containing Active

Ingredients Not Included In Any

Previously Registered Products

1. File Symbol: 10182–UUU.

Applicant: Zeneca Ag Products, 1800

Concord Pike, P.O. Box 15458,

Wilmington, DE 19850–5458. Product

Name: ZA1296 4-SC Herbicide.

Herbicide. Active ingredient: 2-[4-

(Methylsulfonyl)-2-nitrobenzoyl]-1,3,-

cyclohexanedione at 40 percent.

Proposed classification/Use: None. For

control of annual broadleaf weeds in

corn. (J. Tompkins)

2. File Symbol: 241–GOE. Applicant:

American Cyanamid Company, P.O. Box

400, Princeton, NJ 08543–0400. Product