[Federal Register Volume 59, Number 151 (Monday, August 8, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-18915]


[[Page Unknown]]

[Federal Register: August 8, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 721

[OPPTS-50583H; FRL-4752-5]

 

Sulfur Bridged Substituted Phenols; 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 
sulfur bridged substituted phenols based on a modification to the TSCA 
section 5(e) consent order regulating this substance.
DATES: The effective date of this rule is October 7, 1994. This rule 
shall be promulgated for purposes of judicial review at 1 p.m. Eastern 
Standard Time on August 22, 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 August 9, 1990 
(55 FR 32406), EPA issued a SNUR establishing significant new uses for 
sulfur bridged substituted phenols (P-89-396). 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 22, 1993 (58 FR 49269). The 
background and reasons for the modification of the SNUR are set forth 
in the preamble to the proposed modification. The Agency received one 
comment concerning the proposed recordkeeping in the SNUR which EPA 
will address below. All other parts of the final rule will be issued as 
proposed. The commenter stated that the proposed recordkeeping 
requirements under Sec. 721.125(b) and (c) are too broad and 
burdensome, especially for smaller repackagers and distributors 
unfamiliar with TSCA who would have to keep records for many individual 
retail and consumer sites. The commenter questioned whether the 
proposed recordkeeping was intended to be so broad and suggested that 
other requirements would address the Agency's objectives for the 
records normally required under Sec. 721.125(b) and (c). Section 
721.125(b) requires: ``Records documenting volumes of the substance 
purchased in the United States by processors of the substance, name and 
addresses of suppliers and corresponding dates of purchase.'' Section 
721.125(c) requires: ``Records documenting the names and addresses 
(including shipment destination address, if different) of all persons 
outside the site of manufacture, importation, or processing to whom the 
manufacturer, importer, or processor directly sells or transfers the 
substance, the date of each sale or transfer and the quantity of the 
substance sold or transferred on such date.''
    EPA recognizes that the recordkeeping requirements in 
Sec. 721.125(b) and (c) can be potentially broad and burdensome when 
substances are incorporated into products intended for consumer or 
retail use. EPA has issued a final SNUR that discusses this issue which 
was published in the Federal Register of February 6, 1992 (57 FR 4576). 
Consult that SNUR for a more detailed discussion of the issue. The 
purpose of these recordkeeping requirements is to establish a trail of 
the substance through the marketplace for enforcement purposes. Such 
recordkeeping was designed to function best in industrial chemical 
situations where the number of processors and users is generally 
limited.
    In the TSCA 5(e) consent order modification for this substance, EPA 
did not make a potential unreasonable risk finding for the use of the 
substance. It did make such a finding for manufacturing and processing 
of the substance. EPA has not identified a potential unreasonable risk 
for users of this substance and the number of processors and users is 
extensive. Therefore, EPA agrees that in this instance it would be an 
unnecessary burden to establish the proposed recordkeeping requirement 
for processors.
    EPA attempted to address the potential burden by limiting the 
recordkeeping requirements in the proposed SNUR to only those 
manufacturers, importers, and processors who distributed the substance 
at a concentration at greater than 1 percent. Since the potential risk 
to processors is lower, EPA will require only manufacturers and 
importers to retain records required under Sec. 721.125. Recordkeeping 
under Sec. 721.125(b) will not be required. This will allow EPA to 
obtain records for enforcement purposes for manufacturers, importers, 
and processors and relieve the recordkeeping burden on processors.

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 
effects of the substance, and EPA identified the tests considered 
necessary to evaluate the risks of the substance. The basis for such 
findings is available 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 toxicity data received which demonstrates that the 
PMN substance is expected to cause liver, blood, and developmental 
effects, EPA determined that dermal protection for exposed workers and 
hazard communication requirements were necessary to protect human 
health. In addition, EPA determined that because the required data had 
been submitted, the production limit was no longer necessary. The 
section 5(e) order modification added such dermal protection and hazard 
communication requirements and eliminated the production limit 
requirement. The proposed modification of SNUR provisions for the 
substance designated herein is consistent with the January 7, 1993, 
modification of the section 5(e) order.

III. Rulemaking Record

    The record for the rule which EPA is modifying was established at 
OPPTS-50583. This record includes information considered by the Agency 
in developing this rule and includes the modification to consent order 
to which the Agency has responded with this modification.

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.
    Send comments regarding the burden estimate or any other aspect of 
this collection of information, including suggestions for reducing this 
burden, to Chief, Information Policy Branch (2131), U.S. Environmental 
Protection Agency, 401 M St., SW., Washington, DC 20460; and to Office 
of Management and Budget, Paperwork Reduction Project (2070-0012), 
Washington, DC 20503.

List of Subjects in 40 CFR Part 721

    Environmental protection, Chemicals, Hazardous materials, Reporting 
and recordkeeping 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. 721.5880, by revising paragraphs (a)(2), and (b)(1) and 
(b)(2) to read as follows:


Sec. 721.5880  Sulfur bridged substituted phenols (generic name).

    (a) * * *
    (2) The significant new uses are:
    (i) Protection in the workplace. Requirements as specified in 
Sec. 721.63(a)(1), (a)(2)(i), (a)(3), (b) (concentration set at 1.0 
percent), and (c).
    (ii) Hazard communication program. Requirements as specified in 
Sec. 721.72(a), (b), (c), (d), (e) (concentration set at 1.0 percent), 
(f), (g)(1)(iv) (specifically liver and blood effects), (g)(2)(i), 
(g)(2)(v), and (g)(5).
    (b) Specific requirements. * * *
    (1) Recordkeeping requirements. The recordkeeping requirements as 
specified in Sec. 721.125(a) and (c) through (h) are applicable to 
manufacturers and importers of this substance. Any statements requiring 
processors to keep records in Sec. 721.125 do not apply.
    (2) Limitations or revocation of certain notification requirements. 
The provisions of Sec. 721.185 apply to this section.

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[FR Doc. 94-18915 Filed 8-5-94; 8:45 am]
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