[Federal Register Volume 60, Number 111 (Friday, June 9, 1995)]
[Rules and Regulations]
[Pages 30467-30468]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-14202]
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[[Page 30468]]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 721
[OPPTS-50591G; FRL-4951-7]
RIN 2070-AB27
2-Propenoic Acid, 2-Methyl-, 2[3-(2H-Benzotriazole-2-yl)-[4-
hydroxyphenyl]ethyl Ester and 2-Substituted Benzotriazole; 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 2-propenoic acid, 2-methyl-, 2[3-(2H-benzotriazole-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: The effective date of this rule is July 10, 1995.
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 SNURs establishing significant new uses for
2-propenoic acid, 2-methyl-, 2[3-(2H-benzotriazole-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 modifying the SNURs.
I. Background
The Agency proposed the modification of the SNURs for these
substances in the Federal Register of December 14, 1994 (59 FR 64365).
The background and reasons for the modification of the SNURs are set
forth in the preamble to the proposed modification. The Agency received
one public comment concerning the proposed modification urging EPA to
finalize the SNUR modification as soon as possible. As a result EPA is
modifying these SNURs.
II. Objectives and Rationale of Modification of the Rule
During review of the PMNs submitted for the chemical substances
that are 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 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 SNURs were promulgated. In light of the petition to
modify the consent order and SNUR provisions 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 provisions would not pose an unreasonable
risk to human health. The 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 modifying 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 modification. A public
version of the record, without any Confidential Business Information,
is available in the TSCA 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. 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: May 30, 1995.
Charles M. Auer,
Director, Chemical Control Division, Office of Pollution Prevention and
Toxics.
Therefore, 40 CFR part 721 is amended to read 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. 721.1765 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-benzotriazole-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. 95-14202 Filed 6-8-95; 8:45 am]
BILLING CODE 6560-50-F