[Federal Register Volume 59, Number 239 (Wednesday, December 14, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-30734]


[[Page Unknown]]

[Federal Register: December 14, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 721

[OPPTS-50591F; FRL-4898-3]
RIN 2070-AB27

 

2-Propenoic Acid, 2-Methyl-, 2[3-(2H-Benzotriazol-2-yl)-4-
hydroxyphenyl]ethyl Ester and 2-Substituted Benzotriazole; Proposed 
Modification of Significant New Use Rules

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to modify the significant new use rules 
(SNUR) promulgated under section 5(a)(2) of the Toxic Substances 
Control Act (TSCA) for 2-propenoic acid, 2-methyl-, 2[3-(2H-
benzotriazol-2-yl)-4-hydroxyphenyl] ethyl ester and 2-substituted 
benzotriazole based on a modification to the TSCA 5(e) consent order 
regulating the substances.
DATES: Written comments must be received by EPA on or before January 
13, 1995.

ADDRESSES: All comments must be sent in triplicate, with additional 
sanitized copies if confidential business information (CBI) is 
involved, to: OPPT Document Receipt Office (7407), Office of Pollution 
Prevention and Toxics, Environmental Protection Agency, 401 M St., SW., 
Rm. E-G99, Washington, DC 20460. Comments should include the docket 
control number. The docket control number for the chemical substances 
in this SNUR is OPPTS-50591F. Nonconfidential versions of comments on 
this proposed rule will be placed in the rulemaking record and will be 
available for public inspection. Unit IV. of this preamble contains 
additional information on submitting comments containing CBI.

FOR FURTHER INFORMATION CONTACT: Susan B. Hazen, Director, TSCA 
Assistance Office (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 
2-propenoic acid, 2-methyl-, 2[3-(2H-benzotriazol-2-yl)-4-
hydroxyphenyl]ethyl ester and 2-substituted benzotriazole based on the 
section 5(e) consent order for the substances. Because of additional 
data EPA has received for these substances, EPA is proposing to modify 
the SNUR.

I. Background

    EPA is proposing to modify the significant new use requirements for 
the following chemical substances 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 
modification of the section 5(e) consent order for the substance, and 
the CFR citation in the regulatory text section of this proposed rule. 
Further background information for the substances is contained in the 
rulemaking record referenced in Unit III. of this preamble.

PMN Number P-90-333

Chemical name: 2-Propenoic acid, 2-methyl-, 2[3-(2H-benzotriazol-2-yl)-
4-hydroxyphenyl]ethyl ester.
CAS number: Not available.
Effective date of modification of section 5(e) consent order: June 9, 
1994.
Basis for modification of section 5(e) consent order: The Company 
petitioned the Agency to modify the consent order and SNUR to permit 
use of air-purifying respirators equipped with high efficiency 
particulate air filter cartridges. EPA, through written correspondence, 
negotiations, and meetings with the Company, recalculated the risk 
assessment of the PMN based on information provided by the Company. 
Based on this risk assessment, the Agency determined that respirators 
which would provide an approved protection factor (APF) of 50 
adequately protects the workers who may be exposed to the PMN substance 
via inhalation. The Agency has determined, therefore, that modifying 
the consent order and SNUR would not pose an unreasonable risk of 
injury to human health or the environment.
CFR citation: 40 CFR 721.8450.

PMN Number P-90-335

Chemical name: (generic) 2-Substituted benzotriazole.
CAS number: Not available.
Effective date of modification of section 5(e) consent order: June 9, 
1994.
Basis for modification of section 5(e) consent order: The Company 
petitioned the Agency to modify the consent order and SNUR to permit 
use of air-purifying respirators equipped with high efficiency 
particulate air filter cartridges. EPA, through written correspondence, 
negotiations, and meetings with the Company, recalculated the risk 
assessment of the PMN based on information provided by the Company. 
Based on this risk assessment, the Agency determined that respirators 
which would provide an APF of 50 adequately protects the workers who 
may be exposed to the PMN substance via inhalation. The Agency has 
determined, therefore, that modifying the consent order and SNUR would 
not pose an unreasonable risk to human health or the environment.
CFR citation: 40 CFR 721.1765.

II. Objectives and Rationale of Proposing Modification of the Rule

    During review of the PMNs submitted for the chemical substances 
that are the subject of this proposed 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 substances. EPA identified the tests 
considered necessary to evaluate the risks of the substances and 
identified the protective equipment necessary to protect any workers 
who may be exposed to the substances. The basis for such findings is 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 consent order and SNUR and 
the recalculation of the risk assessment of the PMN substances based on 
information provided by the petitioner, the Agency determined air-
purifying respirators equipped with high efficiency particulate air 
filter cartridges would adequately protect the workers who may be 
exposed to the PMN substances via inhalation. The Agency has 
determined, therefore, that modifying the consent order and SNUR would 
not pose an unreasonable risk to human health. The proposed 
modification of SNUR provisions for the substances designated herein is 
consistent with the provisions of the section 5(e) order.

III. Rulemaking Record

    The record for the rule which EPA is proposing to modify was 
established at OPPTS-50591. This record includes information considered 
by the Agency in developing the rule and includes the modification to 
consent orders to which the Agency has responded with this proposal.
    A public version of the record, without any CBI, is available in 
the OPPT Nonconfidential Information Center (NCIC) from 12 noon to 4 
p.m., Monday through Friday, except legal holidays. The TSCA NCIC is 
located in Rm. NE-B607, 401 M St., SW., Washington, DC.

IV. Comments Containing Confidential Business Information

    Any person who submits comments claimed as CBI 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.

V. Regulatory Assessment Requirements

    EPA is modifying the requirements of the rule by eliminating one of 
the recordkeeping requirements. Any costs or burdens associated with 
the 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, Reporting 
and recordkeeping requirements, Significant new uses.

    Dated: December 1, 1994.
Joseph A. Carra,
Acting Director, Office of Pollution Prevention and Toxics.

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

PART 721--[AMENDED]

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

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

    2. In Sec. 721.1765 by revising paragraph (a)(2)(i) to read as 
follows:


Sec. 721.1765  2-Substituted benzotriazole.

    (a) *  *  *
    (2) *  *  *
    (i) Protection in the workplace. Requirements as specified in 
Sec. 721.63(a)(1), (a)(2)(i), (a)(2)(iii), (a)(3), (a)(4), (a)(5)(ii), 
(a)(5)(iv), (a)(5)(v), (a)(6)(i), (a)(6)(ii), (a)(6)(iv), (b) 
(concentration set at 0.1 percent), and (c).
*  *  *  *  *
    3. In Sec. 721.8450 by revising paragraph (a)(2)(i) to read as 
follows:


Sec. 721.8450  2-Propenoic acid, 2-methyl-, 2[3-(2H-benzotriazol-2 yl)-
4-hydroxyphenyl]ethyl ester.

    (a) *  *  *
    (2) *  *  *
    (i) Protection in the workplace. Requirements as specified in 
Sec. 721.63(a)(1), (a)(2)(i), (a)(2)(iii), (a)(3), (a)(4), (a)(5)(ii), 
(a)(5)(iv), (a)(5)(v), (a)(6)(i), (a)(6)(ii), (a)(6)(iv), 
(b)(concentration set at 0.1 percent), and (c).
*  *  *  *  *
[FR Doc. 94-30734 Filed 12-13-94; 8:45 am]
BILLING CODE 6560-50-F