[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: 94-18763]


[[Page Unknown]]

[Federal Register: August 2, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 721

[OPPTS-50591E; FRL-4752-4]

 

Methane, bromodifluoro-; Modification of a Significant New Use 
Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is modifying a significant new use rule (SNUR) promulgated 
under section 5(a)(2) of the Toxic Substances Control Act (TSCA) for 
methane, bromodifluoro- based on a modification to the TSCA section 
5(e) consent order regulating that substance.
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 25, 1991 
(56 FR 19228), EPA issued a SNUR establishing significant new uses for 
methane, bromodifluoro- (P-89-1093). Because of the modification to the 
consent order for this substance, EPA is modifying this SNUR.

I. Background

    The Agency proposed the modification of the SNUR for this substance 
in the Federal Register of September 15, 1993 (58 FR 48348). 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 as proposed.

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 and 
environmental effects of the substance, and EPA identified the tests 
considered necessary to evaluate the risks of the substance. The basis 
for such findings is 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 data received for the substance and data received for 
an analogous substance, which indicate that a 90-day study with 
functional observational battery, motor activity, and neuropathology is 
no longer necessary, the submitter petitioned, and EPA determined that 
the test trigger requirement and use restriction was no longer 
appropriate and hence, was unnecessary to protect human health. The 
section 5(e) order modification eliminated the testing requirement and 
allowed additional uses. The modification of SNUR provisions for this 
substance designated herein is consistent with the modification of the 
section 5(e) order.

III. Rulemaking Record

    The record for the rule which EPA is modifying was established at 
OPPTS-50591. This record includes information considered by the Agency 
in developing this rule and includes the modification to the consent 
order that forms the basis for this proposal.

IV. Regulatory Assessment Requirements

A. Executive Order 12866

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), the 
Agency must determine whether the regulatory action is ``significant'' 
and therefore subject to review by the Office of Management and Budget 
(OMB) and the requirements of the Executive Order. Under section 3(f), 
the order defines a ``significant regulatory action'' as an action that 
is likely to result in a rule: (1) Having an annual effect on the 
economy of $100 million or more, or adversely and materially affecting 
a sector of the economy, productivity, competition, jobs, the 
environment, public health or safety, or State, local or tribal 
governments or communities (also referred to as ``economically 
significant''); (2) creating serious inconsistency or otherwise 
interfering with an action taken or planned by another agency; (3) 
materially altering the budgetary impacts of entitlement, grants, user 
fees, or loan programs or the rights and obligations of recipients 
thereof; or (4) raising novel legal or policy issues arising out of 
legal mandates, the President's priorities, or the principles set forth 
in this Executive Order.
    Pursuant to the terms of this Executive Order, EPA has determined 
that this rule is not ``significant'' and is therefore not subject to 
OMB review.

B. Regulatory Flexibility Act

    Under the Regulatory Flexibility Act (5 U.S.C. 605(b)), EPA has 
determined that this rule would not have a significant impact on a 
substantial number of small businesses. EPA has not determined whether 
parties affected by this rule would likely be small businesses. 
However, EPA expects to receive few SNUR notices for the substance. 
Therefore, EPA believes that the number of small businesses affected by 
this rule will not be substantial, even if all of the SNUR notice 
submitters were small firms.

C. Paperwork Reduction Act

    The information collection requirements contained in this rule have 
been approved by OMB under the provisions of the Paperwork Reduction 
Act (44 U.S.C. 3501 et seq.), and have been assigned OMB control number 
2070-0012.
    Public reporting burden for this collection of information is 
estimated to vary from 30 to 170 hours per response, with an average of 
100 hours per response, including time for reviewing instructions, 
searching existing data sources, gathering and maintaining the data 
needed, and completing and reviewing the collection of information.

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. 721.4820 by revising paragraph (a)(2)(i) and (a)(2)(ii) 
to read as follows:


Sec. 721.4820  Methane, bromodifluoro-.

    (a) *   *   *
    (2) *   *   *
    (i) Hazard communication program. Requirements as specified in 
Sec. 721.72(a), (b), (c), (d), (e) (concentration set at 0.1 percent), 
(f), (g)(1)(iv), (g)(1)(v), (g)(1)(vi), (g)(1)(vii), (g)(1)(ix), 
(g)(2)(ii), (g)(2)(iii), and (g)(5). In addition, the following 
statements shall appear on the label and MSDS: This substance may cause 
cardiotoxicity. Evacuate area before the concentration of this 
substance in the area reaches 1 percent. Residential use is prohibited 
due to cardiotoxic dangers. General consumer use is prohibited, with 
the exception of outdoor automotive use and outdoor marine use. 
Following discharge and evacuation, use protective gear (self-contained 
breathing apparatus) before reentering an area in which the airborne 
concentration of the PMN substance exceeds 1 percent.
    (ii) Industrial, commercial, and consumer activities. Requirements 
as specified in Sec. 721.80(k) (Use in portable fire extinguishers 
intended for consumer use except for outdoor automotive use and outdoor 
marine use; use in fire extinguisher units with an Underwriters 
Laboratory (UL) rating of less than 5BC; use in other than rechargeable 
fire extinguisher units; use in occupied areas from which personnel 
cannot be evacuated before the concentration of the PMN substance 
exceeds 1 percent or egress cannot occur within 30 seconds; or use 
without protective gear (self-contained breathing apparatus) being made 
available in the event that, following discharge of the PMN substance 
and evacuation of the area, personnel must reenter an area in which the 
airborne concentration of the PMN substance exceeds 1 percent.)
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[FR Doc. 94-18763 Filed 8-1-94; 8:45 am]
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