[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] ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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