[Federal Register Volume 59, Number 27 (Wednesday, February 9, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-2973]


[[Page Unknown]]

[Federal Register: February 9, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
[OPPTS-42118A; FRL-4754-8]

 

Testing Consent Order For Sodium Cyanide; Request To Delete 
Mallard Reproductive Study.

AGENCY: Environmental Protection Agency (EPA).

ACTION: Request for Comment.

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SUMMARY: This notice invites public comment on the request of chemical 
substance manufacturers to delete as technically infeasible the mallard 
reproductive study on sodium cyanide currently required under the 
testing consent order for sodium cyanide (OPTS-42118).
DATES: Written comments must be submitted on or before March 11, 1994.
FOR FURTHER INFORMATION CONTACT: Susan B. Hazen, Director, 
Environmental Assistance Division (7408), Office of Pollution 
Prevention and Toxics, Environmental Protection Agency, 401 M St., SW., 
Washington, DC 20460, (202) 554-1404, TDD (202) 554-0551.

SUPPLEMENTARY INFORMATION: EPA's procedures for requiring the testing 
of chemical substances under section 4 of the Toxic Substances Control 
Act (TSCA) include the use of enforceable consent orders. Chemical 
substance manufacturers of sodium cyanide agreed to a testing program 
which included a mallard reproduction study (56 FR 6544, December 17, 
1991). In a letter dated May 17, 1993 (received July 21, 1993) DuPont 
Chemicals, requested on behalf of the companies subject to the consent 
order (Cyanco, Degussa Corporation, E.I. Du Pont de Nemours Company, 
FMC Corporation and ICI (Americas) Inc.), that the requirement to 
perform a mallard reproduction study on sodium cyanide be deleted 
because the completion of this requirement is not technically feasible.
    Wildlife International Ltd.(contract laboratory for DuPont), 
reported to DuPont that the white bobtail quail and mallard LC50-
studies with sodium cyanide using waterborne exposure were among the 
most difficult studies to conduct. From the LC50 study it was learned 
that mallards exposed to concentrations as low as 100 mg/L of the test 
substance in water limited their consumption of water to half or less 
than that of the control birds. That is, they effectively limited their 
water consumption to the point where many of the deaths may have been 
related to dehydration. Thus, concentration levels low enough to 
determine true reproductive effects may not be relevant to the real 
world dietary exposure situation because the birds will no longer 
ingest water with even low concentration levels.
    DuPont claims, and EPA preliminarily agrees, that completion of the 
study using the required test standard is not technically feasible. 
Under 40 CFR 790.68(b)(2)(iii), EPA may make changes that affect the 
scope of the consent order, but EPA must provide notice and an 
opportunity for comment before such changes become effective. 
Furthermore, if comments indicate that no consensus exists among the 
interested parties on making the change, the issue must be negotiated 
before any such adjustment can become effective. Interested parties 
therefore, have 30 days from publication of this notice to provide 
written comments on the elimination of the mallard reproductive study 
from the testing consent order on sodium cyanide. If comments indicate 
that differences of opinion exist regarding this change, EPA will 
conduct negotiations following the procedures specified in 40 CFR 
790.22(b). If the 30 day deadline passes and no adverse public comments 
have been received, EPA will grant the proposed modification without 
further notice.
    Authority: 15 U.S.C. 2603.

    Dated: February 2, 1994.

Charles M. Auer,
Director, Chemical Control Division, Office of Pollution Prevention and 
Toxics.

[FR Doc. 94-2973 Filed 2-8-94; 8:45 am]
BILLING CODE 6560-50-F