[Federal Register Volume 75, Number 177 (Tuesday, September 14, 2010)]
[Proposed Rules]
[Pages 55728-55730]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-22862]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 799

[EPA-HQ-OPPT-2009-0555; FRL-8428-8]
RIN 2070-AB79 and RIN 2070-AC76


Withdrawal of Proposed Rules; Discontinuing Rulemaking Efforts 
Listed in the Unified Agenda of Federal Regulatory and Deregulatory 
Actions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rules; withdrawals.

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SUMMARY: EPA is withdrawing two proposed rules for which the Agency no 
longer intends to issue a final rule. This document identifies the 
proposed rules and explains the Agency's decision not to pursue a final 
rulemaking at this time. This withdrawal of these proposed rules does 
not preclude the Agency from initiating the same or similar rulemaking 
at a future date. It does, however, close out the entry for these 
proposed rules in the EPA Semi-Annual Regulatory Agenda, published as 
part of the Unified Agenda of Federal Regulatory and Deregulatory 
Actions (Unified Agenda). Should the Agency decide at some future date 
to initiate the same or similar rulemaking, it will add an appropriate 
new entry to the EPA Semi-Annual Regulatory Agenda to reflect the 
initiation of the action.

ADDRESSES: EPA has established a docket for this action under docket 
identification (ID) number EPA-HQ-OPPT-2009-0555. All documents in the 
docket are listed in the docket index available at http://www.regulations.gov. Although listed in the docket 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, is 
not placed on the Internet and will be publicly available only in hard 
copy form. Publicly available docket materials are available in the 
electronic docket 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 
legal 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

[[Page 55729]]

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.

FOR FURTHER INFORMATION CONTACT: For technical information contact: 
Robert Jones, Chemical Control Division (7405M), Office of Pollution 
Prevention and Toxics, Environmental Protection Agency, 1200 
Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number: 
(202) 564-8161; e-mail address: <a href="/cdn-cgi/l/email-protection#d2b8bdbcb7a1fca0bdb0b7a0a692b7a2b3fcb5bda4"><span class="__cf_email__" data-cfemail="264c49484355085449444354526643564708414950">[email protected]</span></a>.
    For general information contact: The TSCA-Hotline, ABVI-Goodwill, 
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202) 
554-1404; e-mail address: <a href="/cdn-cgi/l/email-protection#782c2b3b395530170c1411161d381d0819561f170e"><span class="__cf_email__" data-cfemail="eabeb9a9abc7a2859e8683848faa8f9a8bc48d859c">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Does this Action Apply to Me?

    This action is directed to the public in general, and may be of 
particular interest to those persons who follow proposed rules issued 
under the Toxic Substances Control Act (TSCA). Since others may also be 
interested, the Agency has not attempted to describe all the specific 
entities potentially interested.

II. Why is EPA Issuing this Withdrawal Document?

    This document serves two purposes:
    1. It announces to the public that EPA is withdrawing certain 
proposed rules for which the Agency no longer intends to issue a final 
rule .
    2. It officially terminates the ongoing rulemaking activities, 
which allows the Agency to close out the individual rulemaking entries 
for these actions that appear in the Agency's Semi-Annual Regulatory 
Agenda.
    All agencies publish Semi-Annual Regulatory Agendas describing 
regulatory actions they are developing or have recently completed. 
These Semi-Annual Regulatory Agendas are published in the Federal 
Register, usually during the spring and fall of each year, as part of 
the Unified Agenda. The Agency publishes the EPA Semi-Annual Regulatory 
Agenda to update the public about: Regulations and major policies 
currently under development, reviews of existing regulations and major 
policies, and rules and major policies completed or canceled since the 
last Semi-Annual Regulatory Agenda. (See http://www.epa.gov/lawsregs/search/regagenda.html.)
    We believe our actions will be more cost-effective and protective 
if our development process includes stakeholders working with us to 
identify the most practical and effective solutions to problems and we 
stress this point most strongly in all of our training programs for 
rule and policy developers. The Semi-Annual Regulatory Agenda is often 
used as a tool to solicit interest and participation from stakeholders. 
As such, EPA believes that the public is best served by a Semi-Annual 
Regulatory Agenda that reflects active rulemaking efforts. The 
withdrawal of these inactive rulemaking efforts will streamline the 
Semi-Annual Regulatory Agenda and allow the public to better identify 
and focus on those rulemaking activities that are active.
    For the individual reasons described in this document, the Agency 
has decided not to complete these actions at this time. By withdrawing 
the proposed rules, the Agency is eliminating the pending nature of 
that regulatory action. Should the Agency determine to pursue anything 
in these areas in the future, it will issue a new proposed rule and 
create a new entry in the Agency's Semi-Annual Regulatory Agenda.

III. Which Rulemakings are Being Withdrawn?

    The following two proposed rules are being withdrawn. The titles 
match that used in the Semi-Annual Regulatory Agenda, and the ``RIN'' 
refers to the regulatory identifier number assigned to the rulemaking 
effort in the Semi-Annual Regulatory Agenda.

A. The Proposed Test Rule for Certain Chemicals on the ATSDR/EPA CERCLA 
Priority List of Hazardous Substances (RIN 2070-AB79)

    1. What was proposed? In the Federal Register issue of October 20, 
2006 (71 FR 61926) (FRL-8081-3), EPA published the ``Proposed Test Rule 
for Certain Chemicals on the ATSDR/EPA CERCLA Priority List of 
Hazardous Substances'' for the consideration of testing for four 
chemicals (chloroethane, hydrogen cyanide, methylene chloride, and 
sodium cyanide). The chemicals are listed on the Agency for Toxic 
Substances and Disease Registry (ATSDR)/EPA priority list of hazardous 
substances which is compiled under the Comprehensive Environmental 
Response Compensation and Liability Act (CERCLA).
    2. Why is it being withdrawn? In the proposal for this test rule, 
EPA explained that the reason EPA proposed to use its authority under 
section 4 of TSCA was to support ATSDR's Substance Specific Applied 
Research Program, a program for collecting data and other information 
needed for developing health assessments pursuant to CERCLA, 42 U.S.C. 
9601 et seq. ATSDR had referred the chemicals subject to the proposed 
rule to EPA under authority of section 104(i) of CERCLA, 42 U.S.C. 
9604(i). Since then, ATSDR has informed EPA that it no longer needs EPA 
to finalize this proposed rule. Therefore, OPPT is withdrawing this 
proposed test rule and removing it from the EPA Semi-Annual Regulatory 
Agenda.
    3. Where can I get more information about this action? EPA 
established a docket for this action under docket ID number EPA-HQ-
OPPT-2002-0073, which is available at regulations.gov. See ADDRESSES 
for more detailed information about this docket.

B. The Proposed Test Rule for Hazardous Air Pollutants (RIN 2070-AC76)

    1. What was proposed? In the Federal Register issue of June 26, 
1996 (61 FR 33177) (FRL-4869-1), EPA published the ``Proposed Test Rule 
for Hazardous Air Pollutants'' (HAPs). This document proposed using 
EPA's authority under section 4 of TSCA for testing 21 chemicals that 
are listed as hazardous air pollutants under section 112 of the Clean 
Air Act (CAA) and solicited proposals for enforceable consent 
agreements.
    2. Why is it being withdrawn? EPA's Office of Air and Radiation 
(OAR), along with EPA's Office of Research and Development (ORD), 
referred the chemicals subject to this proposed rule to OPPT for 
obtaining certain health effects data to assess the risk remaining 
after the imposition of technology-based emissions standards required 
by CAA section 112(d), 42 U.S.C. 7412(d). OPPT explained that the 
reason it proposed to use EPA's authority under section 4 of TSCA was 
to support OAR and ORD in meeting EPA's statutory obligation under CAA 
section 112(f), 42 U.S.C. 7412(f). After the proposal was issued in 
1996, OAR and ORD informed OPPT that they no longer support the need 
for a final rule. Additionally, OPPT has determined that the record 
does not address scientific information developed since the original 
proposal was issued in 1996. Therefore OPPT is withdrawing this 
proposed test rule and removing it from the EPA Semi-Annual Regulatory 
Agenda.
    3. Where can I get more information about this action? EPA 
established a docket for this action under docket control number OPPTS-
42187, which is available at regulations.gov. See ADDRESSES for more 
detailed information about this docket.


[[Page 55730]]



List of Subjects in 40 CFR Part 799

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


    Dated: September 8, 2010.
Stephen A. Owens,
Assistant Administrator, Office of Chemical Safety and Pollution 
Prevention.
[FR Doc. 2010-22862 Filed 9-13-10; 8:45 am]
BILLING CODE 6560-50-S


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