[Federal Register Volume 59, Number 248 (Wednesday, December 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-31929]


[Federal Register: December 28, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 721

[OPPTS-50584C; FRL-4738-2]
RIN 2070-AB27


Pyridines; Modification of Significant New Use Rules

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is modifying the significant new use rules (SNURs) 
promulgated under section 5(a)(2) of the Toxic Substances Control Act 
(TSCA) for 16 pyridine chemical substances based on a modification to 
the 5(e) consent order regulating those substances. The original 
consent order and SNURs were developed in response to premanufacture 
notices (PMNs) for these substances.

EFFECTIVE DATE: The effective date of this rule is January 27, 1995.

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 May 23, 1991 (56 
FR 23766), EPA issued SNURs establishing significant new uses for 16 
pyridine substances. Because of the June 16, 1992, modification to the 
consent order for these substances, which was the basis for the 
original SNURs, EPA is proposing to modify those SNURs.
    The CFR cites which appeared in the final rule (56 FR 23766, May 
23, 1991) have been redesignated (58 FR 29946, May 24, 1993). The 
following table, which is provided for the convenience of the reader, 
lists the substances by PMN number and provides the redesignated cite 
as well as the cite which appeared in the final rule.


      Table 1.--Chemicals Subject to This Significant New Use Rule      
                          [Publication History]                         
------------------------------------------------------------------------
                                        FR ref., Pub.                   
     Chemical      Original CFR Cite        date          Redesignated  
------------------------------------------------------------------------
P-83-237            40 CFR 721.1858    56 FR 23766, 5/   40 CFR 721.8700
                                            23/91                       
P-83-1162           40 CFR 721.1858    56 FR 23766, 5/   40 CFR 721.8700
                                            23/91                       
P-83-1163           40 CFR 721.1835    56 FR 23766, 5/   40 CFR 721.8675
                                            23/91                       
P-84-1219           40 CFR 721.1845    56 FR 23766, 5/   40 CFR 721.8775
                                            23/91                       
P-85-36             40 CFR 721.1845    56 FR 23766, 5/   40 CFR 721.8775
                                            23/91                       
P-85-216            40 CFR 721.1835    56 FR 23766, 5/   40 CFR 721.8675
                                            23/91                       
P-85-236            40 CFR 721.1845    56 FR 23766, 5/   40 CFR 721.8775
                                            23/91                       
P-85-535            40 CFR 721.1835    56 FR 23766, 5/   40 CFR 721.8675
                                            23/91                       
P-85-536            40 CFR 721.1835    56 FR 23766, 5/   40 CFR 721.8675
                                            23/91                       
P-85-706            40 CFR 721.1845    56 FR 23766, 5/   40 CFR 721.8775
                                            23/91                       
P-85-1184           40 CFR 721.1845    56 FR 23766, 5/   40 CFR 721.8775
                                            23/91                       
P-86-838            40 CFR 721.1840    56 FR 23766, 5/   40 CFR 721.8750
                                            23/91                       
P-88-1271           40 CFR 721.1886    56 FR 23766, 5/   40 CFR 721.8900
                                            23/91                       
P-88-1272           40 CFR 721.1886    56 FR 23766, 5/   40 CFR 721.8900
                                            23/91                       
P-88-1273           40 CFR 721.1883    56 FR 23766, 5/   40 CFR 721.8875
                                            23/91                       
P-88-1274           40 CFR 721.1880    56 FR 23766, 5/   40 CFR 721.8850
                                            23/91                       
------------------------------------------------------------------------

I. Background

    The Agency proposed the modification of the SNUR for these 
substances in the Federal Register of June 8, 1993 (58 FR 32222). 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 of Modifying Rule

    During review of the PMNs submitted for the chemical substances 
that are the subjects 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 substances, and that the 
substances may present an unreasonable risk of injury to human health 
and the environment. EPA identified the tests necessary to evaluate the 
risks of the substances. Based on these findings, a section 5(e) 
consent order was negotiated with the PMN submitter and SNURs were 
promulgated for the substances at that time. One provision of the 
original section 5(e) order and SNUR required treatment of the 
substances only at the site of manufacture or processing.
    In light of the exposure control requirements in the section 5(e) 
order and these SNURs, the PMN submitter petitioned and EPA determined 
that this restriction was not necessary to protect human health and the 
environment. The modified section 5(e) order no longer requires only 
on-site wastewater treatment. The modification of SNUR provisions for 
these substances designated herein is consistent with the modification 
of the section 5(e) order.

III. Rulemaking Record

    The record for these rules which EPA is modifying was established 
at OPPTS-50584. This record includes information considered by the 
Agency in developing these rules and includes the modification to the 
consent order to which the Agency has responded with this final rule.

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, it has been 
determined that this proposed 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 substances. 
Therefore, EPA believes that the number of small businesses affected by 
this rule would not be substantial, even if all of the SNUR notice 
submitters were small firms.

C. Paperwork Reduction Act

    OMB has approved the information collection requirements contained 
in this rule under the provisions of the Paperwork Reduction Act (44 
U.S.C. 3501 et seq.), and has 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 Information and Regulatory Affairs, Office of Management and Budget, 
Washington, DC 20503, marked ``Attention: Desk Officer for EPA.''

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, 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. 721.8675 by revising paragraphs (a)(1)(i)(D) and 
(a)(2)(i)(D) to read as follows:


Sec. 721.8675  Halogenated pyridines.

    (a) * * *
    (1) * * *
    (i) * * *
    (D) Release to water. Requirements as specified in 
Sec. 721.90(a)(4), (b)(4), and (c)(4) (concentration set at 0.2 ppb). 
Where primary, secondary, and tertiary waste treatment will occur, or 
treatment in a lined, self-contained solar evaporation pond where UV 
light will degrade the substance, the number of kilograms per day per 
site is calculated after wastewater treatment.
* * * * *
    (2) * * *
    (i) * * *
    (D) Release to water. Requirements as specified in 
Sec. 721.90(a)(4), (b)(4), and (c)(4) (concentration set at 0.2 ppb). 
Where primary, secondary, and tertiary waste treatment will occur, or 
treatment in a lined, self-contained solar evaporation pond where UV 
light will degrade the substance, the number of kilograms per day per 
site is calculated after wastewater treatment.
* * * * *
    3. In Sec. 721.8700 by revising paragraphs (a)(1)(i)(D) and 
(a)(2)(i)(D) to read as follows:


Sec. 721.8700  Halogenated alkyl pyridine.

    (a) * * *
    (1) * * *
    (i) * * *
    (D) Release to water. Requirements as specified in 
Sec. 721.90(a)(4), (b)(4), and (c)(4) (concentration set at 10 ppb). 
Where primary, secondary, and tertiary waste treatment will occur, or 
treatment in a lined, self-contained solar evaporation pond where UV 
light will degrade the substance, the number of kilograms per day per 
site is calculated after wastewater treatment.
* * * * *
    (2) * * *
    (i) * * *
    (D) Release to water. Requirements as specified in 
Sec. 721.90(a)(4), (b)(4), and (c)(4) (concentration set at 0.2 ppb). 
Where primary, secondary, and tertiary waste treatment will occur, or 
treatment in a lined, self-contained solar evaporation pond where UV 
light will degrade the substance, the number of kilograms per day per 
site is calculated after wastewater treatment.
* * * * *
    4. In Sec. 721.8750 by revising paragraph (a)(2)(iv) to read as 
follows:


721.8750  Halogenated substituted pyridines.

    (a) * * *
    (2) * * *
    (iv) Release to water. Requirements as specified in 
Sec. 721.90(a)(4), (b)(4), and (c)(4) (concentration set at 1 ppb). 
Where primary, secondary, and tertiary waste treatment will occur, or 
treatment in a lined, self-contained solar evaporation pond where UV 
light will degrade the substance, the number of kilograms per day per 
site is calculated after wastewater treatment.
* * * * *
    5. In Sec. 721.8775 by revising paragraphs (a)(1)(i)(D), 
(a)(2)(i)(D), (a)(3)(i)(D), and (a)(4)(i)(D) to read as follows:


Sec. 721.8775  Substituted pyridines.

    (a) * * *
    (1) * * *
    (i) * * *
    (D) Release to water. Requirements as specified in 
Sec. 721.90(a)(4), (b)(4), and (c)(4) (concentration set at 10 ppb). 
Where primary, secondary, and tertiary waste treatment will occur, or 
treatment in a lined, self-contained solar evaporation pond where UV 
light will degrade the substance, the number of kilograms per day per 
site is calculated after wastewater treatment.
* * * * *
    (2) * * *
    (i) * * *
    (D) Release to water. Requirements as specified in 
Sec. 721.90(a)(4), (b)(4), and (c)(4) (concentration set at 0.2 ppb). 
Where primary, secondary, and tertiary waste treatment will occur, or 
treatment in a lined, self-contained solar evaporation pond where UV 
light will degrade the substance, the number of kilograms per day per 
site is calculated after wastewater treatment.
* * * * *
    (3) * * *
    (i) * * *
    (D) Release to water. Requirements as specified in 
Sec. 721.90(a)(4), (b)(4), and (c)(4) (concentration set at 10 ppb). 
Where primary, secondary, and tertiary waste treatment will occur, or 
treatment in a lined, self-contained solar evaporation pond where UV 
light will degrade the substance, the number of kilograms per day per 
site is calculated after wastewater treatment.
* * * * *
    (4) * * *
    (i) * * *
    (D) Release to water. Requirements as specified in 
Sec. 721.90(a)(4), (b)(4), and (c)(4) (concentration set at 1.3 ppb). 
Where primary, secondary, and tertiary waste treatment will occur or 
treatment in a lined, self-contained solar evaporation pond where UV 
light will degrade the substance, the number of kilograms per day per 
site is calculated after wastewater treatment.
* * * * *
    6. In Sec. 721.8850 by revising paragraph (a)(2)(iv) to read as 
follows:


Sec. 721.8850  Disubstituted halogenated pyridinol.

    (a) * * *
    (2) * * *
    (iv) Release to water. Requirements as specified in 
Sec. 721.90(a)(4), (b)(4), and (c)(4) (concentration set at 44 ppb). 
Where primary, secondary, and tertiary waste treatment will occur, or 
treatment in a lined, self-contained solar evaporation pond where UV 
light will degrade the substance, the number of kilograms per day per 
site is calculated after wastewater treatment.
* * * * *
    7. In Sec. 721.8875 by revising paragraph (a)(2)(iv) to read as 
follows:


Sec. 721.8875  Substituted halogenated pyridinol.

    (a) * * *
    (2) * * *
    (iv) Release to water. Requirements as specified in 
Sec. 721.90(a)(4), (b)(4), and (c)(4) (concentration set at 44 ppb). 
Where primary, secondary, and tertiary waste treatment will occur, or 
treatment in a lined, self-contained solar evaporation pond where UV 
light will degrade the substance, the number of kilograms per day per 
site is calculated after wastewater treatment.
* * * * *
    8. In Sec. 721.8900 by revising paragraphs (a)(2)(iv) to read as 
follows:


Sec. 721.8900  Substituted halogenated pyridinol, alkali salt.

    (a) * * *
    (2) * * *
    (iv) Release to water. Requirements as specified in 
Sec. 721.90(a)(4), (b)(4), and (c)(4) (concentration set at 44 ppb). 
Where primary, secondary, and tertiary waste treatment will occur, or 
treatment in a lined, self-contained solar evaporation pond where UV 
light will degrade the substance, the number of kilograms per day per 
site is calculated after wastewater treatment.
* * * * *
[FR Doc. 94-31929 Filed 12-27-94; 8:45 am]
BILLING CODE 6560-50-F