[Federal Register Volume 59, Number 147 (Tuesday, August 2, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-18760]


[[Page Unknown]]

[Federal Register: August 2, 1994]


-----------------------------------------------------------------------


ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 721

[OPPTS-50589B; FRL-4752-3]

 

Ethane, 1,1-dichloro-1-fluoro-; Modification of a Significant New 
Use Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: EPA is modifying a significant new use rule (SNUR) promulgated 
under section 5(a)(2) of the Toxic Substances Control Act (TSCA) for 
ethane, 1,1-dichloro-1-fluoro- based on a request to modify the SNUR 
and EPA's previous response to comments for a similar situation in a 
proposed SNUR.
EFFECTIVE DATES: The effective date of this rule is October 3, 1994. 
This rule shall be promulgated for purposes of judicial review at 1 
p.m. Eastern Standard Time on August 16, 1994.

FOR FURTHER INFORMATION CONTACT: Susan B. Hazen, Director, 
Environmental Assistance Division (7408), Office of Pollution 
Prevention and Toxics, Environmental Protection Agency, Rm. E-543B, 401 
M St., SW., Washington, DC 20460, Telephone: (202) 554-1404, TDD: (202) 
554-0551.

SUPPLEMENTARY INFORMATION: In the Federal Register of April 17, 1991 
(56 FR 15784), EPA issued a SNUR establishing significant new uses for 
ethane, 1,1-dichloro-1-fluoro- (P-88-1303, P-88-2177, and P-90-212). 
Based on a request to modify the SNUR and EPA's previous response to 
comments for a similar situation in a proposed SNUR, EPA is modifying 
this SNUR.

I. Background

    The Agency proposed the modification of the SNUR for ethane, 1,1-
dichloro-1-fluoro- in the Federal Register of September 15, 1993 (58 FR 
48347). The background and reasons for the modification of the SNUR are 
set forth in the preamble to the proposed modification. The Agency 
received no public comment concerning the proposed modification. As a 
result EPA is modifying this SNUR.

II. Objectives and Rationale for Modification of the Rule

    During review of the PMN submitted for the chemical substance that 
is the subject of this modification, 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 health or 
environmental effects of the substance, and EPA identified 
recordkeeping requirements necessary to enforce the rule. The basis for 
such findings is discussed in the rulemaking record referenced in Unit 
III. of this preamble. Based on these findings, a section 5(e) consent 
order was negotiated with the PMN submitter and a SNUR was promulgated.
    In light of the petition to modify the SNUR and EPA's response to a 
similar situation, EPA has determined that the recordkeeping 
requirement of Sec. 721.125(c) is unnecessary to enforce this rule. The 
proposed modification of SNUR provisions for this substance designated 
herein is consistent with that determination.

III. Rulemaking Record

    The record for the rule which EPA is modifying was established at 
OPPTS-50589. This record includes information considered by the Agency 
in developing this rule.

IV. Regulatory Assessment Requirements

    EPA is modifying the requirements of this rule by eliminating one 
of the recordkeeping requirements. Any costs or burdens associated with 
this rule will be reduced when the rule is modified. Therefore, EPA 
finds that no additional assessments of costs or burdens are necessary 
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: July 26, 1994.
Susan H. Wayland,
Acting Assistant Administrator for Prevention, Pesticides and Toxic 
Substances.
    Therefore, 40 CFR part 721 is amended as follows:

PART 721--[AMENDED]

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

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

    2. In Sec. 721.3200 by revising paragraph (b)(1) to read as 
follows:


Sec. 721.3200  Ethane, 1,1-dichloro-1-fluoro-.

 *       *       *      *       *
    (b) *   *   *
    (1) Recordkeeping requirements. Recordkeeping requirements as 
specified in Sec. 721.125(a), (h), and (i) are applicable to 
manufacturers, importers, and processors of this substance.
 *       *       *      *       *
[FR Doc. 94-18760 Filed 8-1-94; 8:45 am]
BILLING CODE 6560-50-F