[Federal Register Volume 79, Number 242 (Wednesday, December 17, 2014)]
[Proposed Rules]
[Pages 75111-75113]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-29575]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 721

[EPA-HQ-OPPT-2014-0702; FRL-9919-93]
RIN 2070-AB27


Proposed Revocation of Significant New Uses of Metal Salts of 
Complex Inorganic Acids

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to revoke the significant new use rule (SNUR) 
promulgated under section 5(a)(2) of the Toxic Substances Control Act 
(TSCA) for two chemical substances which were identified generically as 
metal salts of complex inorganic oxyacids which were the subject of 
premanufacture notices (PMNs) P-89-576 and P-89-577. EPA issued a SNUR 
based on a TSCA section 5(e) consent order designating certain 
activities as significant new uses. EPA has received test data for the 
chemical substances and is proposing to revoke the SNUR.

DATES: Comments must be received on or before January 16, 2015.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPPT-2014-0702, by one of the following methods:
    <bullet> Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the online instructions for submitting comments. Do not submit 
electronically any information you consider to be Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute.
    <bullet> Mail: Document Control Office (7407M), Office of Pollution 
Prevention and Toxics (OPPT), Environmental Protection Agency, 1200 
Pennsylvania Ave. NW., Washington, DC 20460-0001.
    <bullet> Hand Delivery: To make special arrangements for hand 
delivery or delivery of boxed information, please follow the 
instructions at http://www.epa.gov/dockets/contacts.html. Additional 
instructions on commenting or visiting the docket, along with more 
information about dockets generally, is available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: For technical information contact: Jim 
Alwood, Chemical Control Division (7405M), Office of Pollution 
Prevention and Toxics, Environmental Protection Agency, 1200 
Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number: 
(202) 564-8974; email address: <a href="/cdn-cgi/l/email-protection#a8c9c4dfc7c7cc86c2c1c5e8cdd8c986cfc7de"><span class="__cf_email__" data-cfemail="f59499829a9a91db9f9c98b5908594db929a83">[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; email address: <a href="/cdn-cgi/l/email-protection#9bcfc8d8dab6d3f4eff7f2f5fedbfeebfab5fcf4ed"><span class="__cf_email__" data-cfemail="edb9beaeacc0a5829981848388ad889d8cc38a829b">[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 
(including import), process, or use the chemical substances contained 
in this proposed rule. The following list of North American Industrial 
Classification System (NAICS) codes is not intended to be exhaustive, 
but rather provides a guide to help readers determine whether this 
document applies to them. Potentially affected entities may include:
    <bullet> Manufacturers or processors of the chemical substances 
(NAICS codes 325 and 324110), e.g., chemical manufacturing and 
petroleum refineries.
    This action may also affect certain entities through pre-existing 
import certification and export notification rules under TSCA. Chemical 
importers are subject to the TSCA section 13 (15 U.S.C. 2612) import 
certification requirements promulgated at 19 CFR 12.118 through 12.127 
and 19 CFR 127.28. Chemical importers must certify that the shipment of 
the chemical substance complies with all applicable rules and orders 
under TSCA. Importers of chemicals subject to a SNUR must certify their 
compliance with the SNUR requirements. The EPA policy in support of 
import certification appears at 40 CFR part 707, subpart B. Importers 
of the chemical, the subject of this action, would no longer be 
required to certify compliance with the SNUR requirements if the 
revocation becomes effective. In addition, if this proposed SNUR 
revocation becomes effective, persons who export or intend to export

[[Page 75112]]

the chemical that is the subject of this action would no longer be 
subject to the TSCA section 12(b)(15 U.S.C. 2611(b) export notification 
requirements at 40 CFR part 707, that are currently triggered by the 
SNUR.

B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through 
regulations.gov or email. Clearly mark the part or all of the 
information that you claim to be CBI. For CBI information in a disk or 
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as 
CBI and then identify electronically within the disk or CD-ROM the 
specific information that is claimed as CBI. In addition to one 
complete version of the comment that includes information claimed as 
CBI, a copy of the comment that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When preparing and submitting 
your comments, see the commenting tips at http://www.epa.gov/dockets/comments.html.

II. Background

A. What action is the agency taking?

    In the Federal Register of August 15, 1990 (55 FR 33305) (FRL-3741-
8), EPA promulgated a SNUR at 40 CFR 721.4680 for the chemical 
substances identified generically as metal salts of complex inorganic 
oxyacids (PMNs P-89-576 and P-89-577). That SNUR designated certain 
activities as significant new uses based on a TSCA section 5(e) consent 
order for the PMNs that was issued under TSCA sections 5(e)(1)(A)(i), 
and 5(e)(1)(A)(ii)(II) based on a finding that the chemical substances 
may be produced in substantial quantities and there may be significant 
(or substantial) human exposure to the chemical substances. EPA has 
received human health testing for the chemical substances and, based on 
its review of these data, EPA now proposes to revoke the SNUR pursuant 
to Sec.  721.185. In this unit, EPA provides a brief description of 
these chemical substances, including the PMN numbers, generic chemical 
names, the Federal Register publication date and citation, the docket 
ID number, the basis for revoking the SNUR under Sec.  721.185, and the 
CFR citation of the SNUR.
PMN Numbers P-89-576 and P-89-577
    Chemical name: Metal salts of complex inorganic oxyacids (generic).
    CAS number: Not available.
    Federal Register publication date and citation: August 15, 1990 (55 
FR 33305).Basis for revocation of SNUR: EPA issued a SNUR for these 
chemical substances that designated certain activities as significant 
new uses based on a TSCA section 5(e) consent order for the PMNs that 
was issued under TSCA sections 5(e)(1)(A)(i), and 5(e)(1)(A)(ii)(II) 
based on a finding that the chemical substances may be produced in 
substantial quantities and there may be significant (or substantial) 
human exposure to the chemical substances. The SNUR required 
notification before exceeding the production volume limit in the TSCA 
section 5(e) consent order. Subsequently, a manufacturer of the 
chemical substances petitioned EPA to revoke the SNUR based on the 
results of the submitted acute dermal study and a 28-day oral toxicity 
study, for P-89-576 which demonstrated no adverse health effects. Based 
on the results of the testing, EPA determined that both substances have 
inherently low toxicity. Therefore, EPA finds that for activities 
involving the chemical substances that have been designated as 
significant new uses pending the completion of testing, adequate test 
data developed in accordance with applicable procedures and criteria 
have been submitted to EPA. Therefore, EPA proposes that the SNUR for 
these chemical substances be revoked pursuant to Sec.  721.185(a)(6).
    CFR citation: 40 CFR 721.4680

B. What is the agency's authority for taking this action?

    Upon conclusion of the review for P-89-576 and P-89-577 in 1990, 
EPA designated certain activities as significant new uses based on a 
TSCA section 5(e) consent order for the PMNs that was issued under TSCA 
sections 5(e)(1)(A)(i), and 5(e)(1)(A)(ii)(II) based on a finding that 
the chemical substances may be produced in substantial quantities and 
there may be significant (or substantial) human exposure to the 
chemical substances. Under Sec.  721.185, EPA may at any time revoke a 
SNUR for a chemical substance which has been added to subpart E of 40 
CFR part 721 if EPA makes one of the determinations set forth in Sec.  
721.185(a)(1) through (6). Revocation may occur on EPA's initiative or 
in response to a written request. Under Sec.  721.185(b)(3), if EPA 
concludes that a SNUR should be revoked, the Agency will propose the 
changes in the Federal Register, briefly describe the grounds for the 
action, and provide interested parties an opportunity to comment.
    EPA has determined that the criteria set forth in Sec.  
721.185(a)(6) have been satisfied for the chemical substances; 
therefore, EPA is proposing to revoke the SNUR for these chemical 
substances. The significant new use notification and the recordkeeping 
requirements at 40 CFR 721.4680 would terminate if and when this 
proposed revocation becomes effective. In addition, export notification 
under TSCA section 12(b) and 40 CFR part 707, subpart D, triggered by 
the SNUR would no longer be required.

III. Statutory and Executive Order Reviews

    This proposed rule would revoke or eliminate an existing regulatory 
requirement and does not contain any new or amended requirements. As 
such, the Agency has determined that this proposed SNUR revocation 
would not have any adverse impacts, economic or otherwise.
    The Office of Management and Budget (OMB) has exempted these types 
of regulatory actions from review under Executive Order 12866, entitled 
``Regulatory Planning and Review'' (58 FR 51735, October 4, 1993). This 
action does not contain any information collections subject to approval 
under the Paperwork Reduction Act (PRA), (44 U.S.C.3501 et seq.). Since 
this action eliminates a reporting requirement, the Agency certifies 
pursuant to section 605(b) of the Regulatory Flexibility Act (RFA) (5 
U.S.C.601 et seq.), that this SNUR revocation would not have a 
significant economic impact on a substantial number of small entities.
    For the same reasons, this action does not require any action under 
Title II of the Unfunded Mandates Reform Act (UMRA) (2 U.S.C. 1501 et 
seq.) (Pub.L. 104-4). This action has neither Federalism implications, 
because it would not have substantial direct effects on States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government, as specified in Executive Order 13132 entitled 
``Federalism'' (64 FR 43255, August 10, 1999), nor Tribal implications, 
because it would not have substantial direct effects on one or more 
Indian Tribes, on the relationship between the Federal Government and 
Indian Tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian Tribes, as specified in 
Executive Order 13175 entitled ``Consultation and Coordination

[[Page 75113]]

with Indian Tribal Governments'' (65 FR 67249, November 9, 2000).
    This action is not subject to Executive Order 13045 entitled 
``Protection of Children from Environmental Health Risks and Safety 
Risks'' (62 FR 19885, April 23, 1997), because this is not an 
economically significant regulatory action as defined under Executive 
Order 12866, and it does not address environmental health or safety 
risks disproportionately affecting children. This action is not subject 
to Executive Order 1311, entitled ``Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 
28355, May 22, 2001), because this action is not expected to affect 
energy supply, distribution, or use. Because this action does not 
involve any technical standards, section 12(d) of the National 
Technology Transfer and Advancement Act of 1995 (NTTAA), section 12(d) 
(15 U.S.C. 272 note), does not apply to this action. This action does 
not involve special considerations of environmental justice related 
issues as required by Executive Order 12898 entitled ``Federal Actions 
to Address Environmental Justice in Minority Populations and Low-Income 
Populations'' (59 FR 7629, February 16, 1994).

List of Subjects in 40 CFR Part 721

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

    Dated: December 11, 2014.
Maria J. Doa,
Director, Chemical Control Division, Office of Pollution Prevention and 
Toxics.
    Therefore, it is proposed that 40 CFR part 721 be amended as 
follows:

PART 721--[AMENDED]

0
1. The authority citation for part 721 continues to read as follows:

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


Sec.  721.4680  [Removed]

0
2. Remove Sec.  721.4680.

[FR Doc. 2014-29575 Filed 12-16-14; 8:45 am]
BILLING CODE 6560-50-P


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