[Federal Register Volume 59, Number 107 (Monday, June 6, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-13682]


[[Page Unknown]]

[Federal Register: June 6, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 721

[OPPTS-50575E; FRL-4745-8]

 

Substituted Ethylenediamine, Methyl Sulfate Quaternized; 
Revocation of a Significant New Use Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to revoke a significant new use rule (SNUR) 
promulgated under section 5(a)(2) of the Toxic Substances Control Act 
(TSCA) for substituted ethylenediamine, methyl sulfate quaternized, 
based on receipt of new data. The data indicate that for purposes of 
TSCA section 5, the substance will not present an unreasonable risk to 
the environment.
DATES: Written comments must be received by EPA by July 6, 1994.

ADDRESSES: All comments must be sent in triplicate to: TSCA Document 
Receipt Office (7407), Office of Pollution Prevention and Toxics, 
Environmental Protection Agency, Rm. E-G99, 401 M St., SW., Washington, 
DC 20460. Comments that are confidential must be clearly marked 
confidential business information (CBI). If CBI is claimed, three 
additional sanitized copies must also be submitted. Nonconfidential 
versions of comments on this proposed rule will be placed in the 
rulemaking record and will be available for public inspection. Comments 
should include the docket control number. The docket control number for 
the chemical substance in this SNUR is OPPTS-50575. Unit III. of this 
preamble contains additional information on submitting comments 
containing CBI.

FOR FURTHER INFORMATION CONTACT: Susan B. Hazen, Director, 
Environmental Assistance Division (7408), Office of Pollution 
Prevention and Toxics, Environmental Protection Agency, Rm. E-543A, 401 
M St., SW., Washington, DC 20460, Telephone: (202) 554-1404, TDD: (202) 
554-0551.
SUPPLEMENTARY INFORMATION: In the Federal Register of April 24, 1990 
(55 FR 17376), EPA issued a SNUR establishing significant new uses for 
substituted ethylenediamine, methyl sulfate quaternized. Because of 
additional data EPA has received for this substance, EPA is proposing 
to revoke this SNUR.

I. Proposed Revocation

    EPA is proposing to revoke the significant new use and 
recordkeeping requirements for the following chemical substance under 
40 CFR part 721 subpart E. In this unit, EPA provides a brief 
description for the substance, including its PMN number, chemical name 
(generic name if the specific name is claimed as CBI), CAS number (if 
assigned), basis for the revocation of the section 5(e) consent order 
for the substance, and the CFR citation removed in the regulatory text 
section of this proposed rule. Further background information for the 
substance is contained in the rulemaking record referenced below in 
Unit IV. of this preamble.

PMN Number P-89-650

Chemical name: (generic) Substituted ethylenediamine, methyl sulfate 
quaternized.
CAS number: Not available.
Effective date of revocation of section 5(e) consent order: July 28, 
1993.
Basis for revocation of section 5(e) consent order: The order was 
revoked based on test data submitted under the terms of the consent 
order. Based on the Agency's analysis of the submitted data, EPA has 
sufficient information to determine, for purposes of TSCA section 5, 
that the manufacture, processing, distribution in commerce, use, or 
disposal of the PMN substance will not present an unreasonable risk to 
the environment. Accordingly, EPA has determined that further 
regulation under section 5(e) is not warranted at this time.
Toxicity testing results: Algal toxicity study: 96-h EC50 = 320.0 mg/L
Daphnid acute toxicity study: 48-h NEC = 390.0 mg/L
Fish acute toxicity study: 96-h NOEC = 1,000.0 mg/L
CFR citation: 40 CFR 721.3580.

II. Objectives and Rationale for Proposed Revocation of the Rule

    During review of the PMN submitted for the chemical substance that 
is the subject of this proposed revocation, EPA concluded that 
regulation was warranted under section 5(e) of TSCA pending the 
development of information sufficient to make a reasoned evaluation of 
the environmental effects of the substance, and that the substance is 
expected to be produced in substantial quantities and there may be 
significant or substantial environmental exposure. EPA identified the 
tests necessary to make a reasoned evaluation of the risks posed by the 
substance to the environment. Based on these findings, a section 5(e) 
consent order was negotiated with the PMN submitter and a SNUR was 
promulgated.
    EPA reviewed testing conducted by the PMN submitter pursuant to the 
consent order for the substance and determined that the information 
available was sufficient to make a reasoned evaluation of the 
environmental effects of the substance. EPA concluded that, for the 
purposes of TSCA section 5, the substance will not present an 
unreasonable risk and consequently revoked the section 5(e) consent 
order. The proposed revocation of SNUR provisions for this substance 
designated herein is consistent with the revocation of the section 5(e) 
order.
    In light of the above, EPA is proposing a revocation of SNUR 
provisions for this chemical substance. When this revocation becomes 
final, EPA will no longer require notice of any company's intent to 
manufacture, import, or process this substance. In addition, export 
notification under section 12(b) of TSCA will no longer be required.

III. Comments Containing Confidential Business Information

    Any person who submits comments claimed as confidential business 
information must mark the comments as ``confidential,'' ``trade 
secret,'' or other appropriate designation. Comments not claimed as 
confidential at the time of submission will be placed in the public 
file. Any comments marked as confidential will be treated in accordance 
with the procedures in 40 CFR part 2. Any party submitting comments 
claimed to be confidential must prepare and submit a public version of 
the comments that EPA can place in the public file.

IV. Rulemaking Record

    The record for the rule which EPA is proposing to revoke was 
established at OPPTS-50575 (P-89-650). This record includes information 
considered by the Agency in developing the rule and includes the test 
data that formed the basis for this proposal.

V. Regulatory Assessment Requirements

    EPA is proposing to revoke the requirements of the rule. Any costs 
or burdens associated with the rule will be eliminated when the rule is 
revoked. Therefore, EPA finds that no costs or burdens must be assessed 
under Executive Order 12866, the Regulatory Flexibility Act (5 U.S.C. 
605(b)), or the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

List of Subjects in 40 CFR Part 721

    Environmental protection, Chemicals, Hazardous materials, 
Recordkeeping and reporting requirements, Significant new uses.

    Dated: May 25, 1994.
Lynn R. Goldman,
Assistant Administrator for Prevention, Pesticides and Toxic 
Substances.

    Therefore, it is proposed that 40 CFR part 721 be amended as 
follows:

PART 721--[AMENDED]

    1. The authority citation for part 721 will continue to read as 
follows:

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

Sec. 721.3580  [Removed]

    2. By removing Sec. 721.3580.
[FR Doc. 94-13682 Filed 6-3-94; 8:45 am]
BILLING CODE 6560-50-F