[Federal Register Volume 74, Number 49 (Monday, March 16, 2009)]
[Proposed Rules]
[Pages 11050-11051]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-5628]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 799

[EPA-HQ-OPPT-2007-0531; FRL-8404-6]
RIN 2070-AD16


Testing of Certain High Production Volume Chemicals; Second Group 
of Chemicals; Notice of Public Meeting

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; notice of public meeting.

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SUMMARY: EPA will hold a public meeting to give members of the public 
an opportunity to comment on a proposed rule under section 4(a)(1)(B) 
of the Toxic Substances Control Act (TSCA) to require manufacturers, 
importers, and processors of certain high production volume (HPV) 
chemical substances to conduct testing to obtain screening level data 
for health and environmental effects and chemical fate. Opportunity to 
present oral comment was provided in the proposed rule, and in response 
to that opportunity, two requests to present oral comments were 
received.

DATES: The meeting will be held on Tuesday, March 31, 2009, from 8 a.m. 
to noon.
    Requests to participate in the meeting must be received on or 
before March 31, 2009.
    To request accommodation of a disability, please contact the person 
listed under FOR FURTHER INFORMATON CONTACT, preferably at least 10 
days prior to the meeting, to give EPA as much time as possible to 
process your request.

ADDRESSES: The meeting will be held at the Environmental Protection 
Agency, 1201 Constitution Ave., NW., Rm. 1153, Washington, DC 20460-
0001.
    Requests to participate in the meeting, identified by docket 
identification (ID) number EPA-HQ-OPPT-2007-0531, may be submitted to 
the technical person listed under FOR FURTHER INFORMATION CONTACT.

FOR FURTHER INFORMATION CONTACT: For general information contact: Colby 
Lintner, Environmental Assistance Division (7408M), Office of Pollution 
Prevention and Toxics, Environmental Protection Agency, 1200 
Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number: 
(202) 554-1404; e-mail address: <a href="/cdn-cgi/l/email-protection#77232434365a3f18031b1e19123712071659101801"><span class="__cf_email__" data-cfemail="a1f5f2e2e08ce9ced5cdc8cfc4e1c4d1c08fc6ced7">[email protected]</span></a>.
    For technical information contact: Paul Campanella or John 
Schaeffer, Chemical Control Division (7405M), Office of Pollution 
Prevention and Toxics, Environmental Protection Agency, 1200 
Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone numbers: 
(202) 564-8091 or (202) 564-8173; e-mail addresses: 
<a href="/cdn-cgi/l/email-protection#187b79756879767d7474793668796d74587d6879367f776e"><span class="__cf_email__" data-cfemail="1e7d7f736e7f707b72727f306e7f6b725e7b6e7f30797168">[email protected]</span></a> or <a href="/cdn-cgi/l/email-protection#7704141f161211111205591d181f193712071659101801"><span class="__cf_email__" data-cfemail="3e4d5d565f5b58585b4c10545156507e5b4e5f10595148">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does This Action Apply to Me?

    You may be potentially affected by this action if you manufacture 
(defined by statue to include import) or process any of the chemical 
substances that are listed in Sec.  799.5087(j) of the proposed 
regulatory text of the HPV2 proposed rule. Any use of the term 
``manufacture'' in this document will encompass ``import,'' unless 
otherwise stated. In addition, once the Agency issues a final rule any 
person who exports, or intends to export, any of the chemical 
substances included in the final rule will be subject to the export 
notification requirements in TSCA section 12(b)(1) and 40 CFR part 707, 
subpart D. Potentially affected entities may include, but are not 
limited to:
    <bullet> Manufacturers (defined by statute to include importers) of 
one or more of the 19 subject chemical substances listed in the HPV2 
proposed rule (NAIC codes 325 and 324110), e.g., chemical manufacturing 
and petroleum refineries.
    <bullet> Processors of one or more of the 19 subject chemical 
substances listed in the HPV2 proposed rule (NAIC 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. 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.

B. How Can I Get Copies of This Document and Other Related Information?

    1. Docket. EPA has established a docket for this action under 
docket ID number EPA-HQ-OPPT-2007-0531. All documents in the docket are 
listed in the docket index available at http://www.regulations.gov. 
Although listed in the index, some information is not publicly 
available, e.g., Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Certain other 
material, such as copyrighted material, will be publicly available only 
in hard copy. Publicly available docket materials are available 
electronically at http://www.regulations.gov, or, if only available in 
hard copy, at the OPPT Docket. The OPPT Docket is located in the EPA 
Docket Center (EPA/DC) at Rm. 3334, EPA West Bldg., 1301 Constitution 
Ave., NW., Washington, DC. The EPA/DC Public Reading Room hours of 
operation are 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding 
Federal holidays. The telephone number of the EPA/DC Public Reading 
Room is (202) 566-1744, and the telephone number for the OPPT Docket is 
(202) 566-0280. Docket visitors are required to show photographic 
identification, pass through a metal detector, and sign the EPA visitor 
log. All visitor bags are processed through an X-ray machine and 
subject to search. Visitors will be provided an EPA/DC badge that must 
be visible at all times in the building and returned upon departure.
    2. Electronic access. You may access this Federal Register document 
electronically through the EPA Internet under the Federal Register 
listings at http://www.epa.gov/fedrgstr.

II. Background

    In the Federal Register issue of July 24, 2008 (73 FR 43314) (FRL-
8373-9), EPA published a proposed rule under TSCA section 4(a)(1)(B) to 
require manufacturers, importers, and processors of certain HPV 
chemical substances to conduct testing to obtain screening level data 
for health and environmental effects and chemical fate. EPA has 
preliminarily determined that: Each of the 19 chemical substances 
included in that proposed rule is produced in substantial quantities 
and that there is or may be substantial human exposure to each of them; 
there are insufficient data to reasonably

[[Page 11051]]

determine or predict the effects on health or the environment of the 
manufacture, distribution in commerce, processing, use, or disposal of 
the chemicals, or of any combination of these activities; and the 
testing program proposed is necessary to develop such data. Data 
developed under the proposed rule will provide critical information 
about the environmental fate and potential hazards associated with the 
subject chemical which, when combined with information about exposure 
and uses will allow the Agency and others to evaluate potential health 
and environmental risks and to take appropriate follow-up actions.
    In response to the proposed rule, EPA received two requests to 
present oral comment pertaining to specific chemical substances and 
also the testing program and testing methodologies proposed. One 
request to present oral comment came from Chlorinated Paraffins 
Industry Association (CPIA). A second request to present oral comment 
came from People for the Ethical Treatment of Animals (PETA), on behalf 
of themselves; the Physicians Committee for Responsible Medicine 
(PCRM); the Alternatives Research Development Foundation; and the 
America Anti-Vivisection Society. Written comments provided during the 
comment period for the proposed rule, including those of requesting an 
opportunity for oral comment, are available and can be viewed in the 
docket under docket ID number EPA-HQ-OPPT-2007-0531.

III. How Can I Request To Participate in This Meeting?

    You may submit a request to participate in this meeting to the 
technical person listed under FOR FURTHER INFORMATION CONTACT. Do not 
submit any information in your request that is considered CBI. Requests 
to participate in the meeting, identified by docket ID number EPA-HQ-
OPPT-2008-0531, must be received on or before March 31, 2009.

List of Subjects

    Environmental protection, Chemicals, Hazardous substances, 
Laboratories, Reporting and recordkeeping requirements.


    Dated: March 10, 2009.
James Jones,
Acting Assistant Administrator, Office of Prevention, Pesticides and 
Toxic Substances.
[FR Doc. E9-5628 Filed 3-13-09; 8:45 am]
BILLING CODE 6560-50-S


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