[Federal Register Volume 60, Number 117 (Monday, June 19, 1995)]
[Rules and Regulations]
[Pages 31917-31924]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-14910]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 61, 704, 710, 712, 762, 763, 766, 790, 795, 796, 797,
798, and 799]
[OPPTS-00168; FRL-4955-2]
Chemical Substances; Deletion of Certain Chemical Regulations;
Technical Amendments to the Code of Federal Regulations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is removing several
provisions from the Code of Federal Regulations (CFR) that pertain to
the Toxic Substances Control Act. These provisions are being removed
from the CFR because they have no current legal effect. The removal of
these provisions from the CFR and the technical changes that are being
made are necessary to clarify the current status of the provisions for
both the regulated [[Page 31918]] community and the public. EPA is also
removing the text of two reporting forms, without making any
substantive changes in the reporting requirements.
EFFECTIVE DATE: This final rule takes effect on June 19, 1995.
FOR FURTHER INFORMATION CONTACT: Susan B. Hazen, Director,
Environmental Assistance Division (7408), Office of Pollution
Prevention and Toxics, Environmental Protection Agency, 401 M St., SW.,
Washington, DC 20460, Telephone: (202) 554-1404, TDD: (202) 554-0551,
e-mail address: TSCA-H[email protected].
SUPPLEMENTARY INFORMATION:
I. Introduction
On March 4, 1995, the President directed all Federal agencies and
departments to conduct a comprehensive review of the regulations they
administer and, by June 1, 1995, to identify those rules that are
obsolete, not in effect, unduly burdensome, or amenable to streamlining
and simplification. The Office of Prevention, Pesticides and Toxic
Substances has completed its initial page-by-page review of the CFR
provisions within its purview--those issued under the Toxic Substances
Control Act (TSCA), the Federal Insecticide, Fungicide, and Rodenticide
Act (FIFRA), and certain sections of the Emergency Planning and
Community Right-to-Know Act (EPCRA) and the Federal Food, Drug and
Cosmetic Act (FFDCA). Based on this initial review, EPA will be
amending or eliminating several provisions in the CFR. This notice,
which is one of several notices that are being issued at the same time,
specifically involves the provisions associated with TSCA. Other
notices, appearing elsewhere in this Federal Register, involve
provisions associated with FFDCA and FIFRA.
The provisions that EPA is eliminating with this notice are not
currently in effect because they have (1) expired by their own terms or
by the terms of the statute, (2) become obsolete due to subsequent
rulemakings, legislation, or policy decisions, or (3) because they have
been otherwise identified as being unnecessary. Those provisions that
are being amended with this notice reflect minor technical changes that
are necessary as a result of the elimination of the provisions, are
otherwise nonsubstantive corrections that are necessary, or involve the
removal of the text of reporting forms without substantive changes to
the reporting requirements.
The removal of these provisions from the CFR is not intended to
affect the status of any civil or criminal actions that were initiated
prior to June 19, 1995 or which may be initiated in the future to
redress violations of the rules that occurred when the rules were still
legally in effect.
II. Good Cause Exemption from Rulemaking Procedures
The Administrative Procedure Act (APA) generally requires agencies
to provide prior notice and opportunity for public comment before
issuing a final rule. 5 U.S.C. 553(b). Similarly, the APA generally
requires at least 30 days after publication before a rule can become
effective. 5 U.S.C. 553(d). Rules are exempt from this requirement if
the issuing agency finds for good cause that notice and comment or
delayed effectiveness are unnecessary. 5 U.S.C. 553(b)(3)(B) and
(d)(3).
EPA has determined that providing prior notice and opportunity for
comment on these changes to the CFR is unnecessary. For the reasons
discussed in Units I and III of this preamble, a number of the rules
are no longer legally in effect; thus, withdrawing them from the CFR
has no legal impact and merely codifies the current legal status of the
rules. The associated technical amendments are merely to correct cross-
references to the rules that are being removed and related
reorganizations resulting from the removal of these regulations. In
addition, other technical changes include the removal of the text of
reporting forms, without making any substantive changes to the
reporting requirements. For the same reasons, EPA believes there is
good cause for making these changes to the CFR immediately effective.
See 5 U.S.C. 553(d).
III. Regulations Being Eliminated
A. Part 704, Subparts C and D - Reporting and Recordkeeping
Requirement; Comprehensive Assessment Information Rule (CAIR)
Part 704 specifies the reporting and recordkeeping procedures under
section 8(a) of TSCA for manufacturers, importers, and processors of
chemical substances and mixtures that are identified in subpart B or D
of part 704. The reporting and recordkeeping provisions in subpart A of
part 704apply throughout this part unless revised in any other subpart.
Subpart C of part 704 sets out the general reporting provisions for the
Comprehensive Assessment Information Rule (CAIR). CAIR was intended to
standardize certain section 8(a) rules by: providing a set of uniform
questions for EPA and other agencies to use in assembling specific
reporting requirements; requiring the submission of information on a
standard reporting form; and establishing uniform reporting and
recordkeeping provisions that supplement the reporting and
recordkeeping provisions in subpart A of part 704. CAIR provisions
apply only to those persons who manufacture, import, or process a
substance identified in subpart D of part 704 during the time period
for which reporting is required. Subpart D of part 704 contains a
matrix that identifies the substances for which EPA requires reporting
under subpart C, the persons who must report the information to EPA,
the information that must be reported, the coverage period (as that
term is defined in Sec. 704.203), and the effective date of the final
rule.
After the first use of the CAIR in 1989, a lawsuit resulted in a
stay of the effectiveness of this regulation until EPA promulgates
amendments. Although amendments to this regulation were proposed in
1993, the amendments have not been finalized and EPA does not
anticipate taking action for some time as it reassesses its TSCA
information needs. Given the current inactive status of this
regulation, EPA has decided to remove subparts C and D of part 704 from
the CFR. The requirements of subpart C and D are not in effect and
their presence in the CFR is confusing to the public and the regulated
community. At the time EPA decides to promulgate amendments to CAIR,
EPA will repromulgate subparts C and D, as appropriate.
B. Part 710 - Inventory Reporting Regulations; Compilation of the
Inventory
This part establishes regulations governing reporting by certain
persons who manufacture, import, or process chemical substances subject
to TSCA for commercial purposes. Subpart A of this regulation was
issued pursuant to TSCA Section 8(b), which requires EPA to compile an
inventory of chemical substances manufactured or processed for a
commercial purpose. Following an initial reporting period, EPA was
required to publish an initial inventory of chemical substances
manufactured or imported for commercial purposes, with revised
inventories published after supplemental reporting periods.
Subpart A mandated the reporting which was used to create the
initial inventory. By the terms of the regulation itself, the initial
reporting period closed in 1979, meriting the deletion of subpart A
from the CFR. Nevertheless, some provisions of subpart A are referenced
in the Inventory Update Rule of subpart B, and are extensively used in
other TSCA regulatory contexts. For this [[Page 31919]] reason, only
the provisions associated with the initial reporting period in subpart
A are being removed. In addition, the headings for both subparts A and
B are being removed so that part 710 no longer has any subpart
designations. Cooresponding references are also being corrected where
necessary.
C. Part 712, Subpart B - Chemical Information Rules; Manufacturers
Reporting - Preliminary Assessment Information
This part establishes procedures for chemical manufacturers and
processors to report production, use, and exposure-related information
on listed chemical substances. Subpart A establishes requirements that
apply to all reporting under this part. Subpart B covers manufacturers'
and processors' reporting. Section 712.28 requires manufacturers and
importers subject to this subpart to submit a single EPA Form No. 7710-
35, ``Manufacturer's Report-Preliminary Assessment Information,'' for
each plant site manufacturing or importing a chemical substance listed
in Sec. 712.30. The instructions and a facsimile of the form appear in
Sec. 712.28(d).
EPA is removing the instructions and facsimile of EPA Form No.
7710-35, entitled Manufacturer's Report-Preliminary Assessment
Information from Sec. 712.28(d). In addition, EPA is removing
Sec. 712.30(d)-(v) and each chemical listed in Sec. 712.30(w) and (x)
with a reporting date pre-1990. To accommodate these changes, EPA is
also deleting the reference to subpart C which appears in the title for
Sec. 712.7; deleting the reference to subpart C in Sec. 712.1(a) and
Sec. 712.7; is amending Sec. 712.28(d) to delete and substitute
language similar to Sec. 704.216 with new mail code; and is
redesignating Sec. 712.30(w) and (x) as paragraphs (d) and (e),
respectively.
D. Part 762 - Fully Halogenated Chlorofluoroalkanes
This part prohibits the manufacture, processing, and distribution
in commerce of fully halogenated chlorofluoroalkanes for those aerosol
propellant uses which are subject to TSCA, requires submission of
annual reports, and lists the exemptions to the prohibitions. This
prohibition has become obsolete because it has been superseded by a
subsequent ban of CFC propellants under the Clean Air Act section 610
and implementing regulations at 40 CFR 82.64(c) and 82.66(d).
E. Part 763, Subpart D - Asbestos; Reporting Commercial and Industrial
Uses of Asbestos
This rule required reporting by persons who manufacture, import,
or process asbestos. Different reporting requirements were imposed
depending on the person's activity. Manufacturers, importers and
processors of commercial and industrial asbestos fiber were required to
report quantity, use, and exposure information. Importers of mixtures
and articles containing asbestos and processors of asbestos mixtures
were required to report to EPA in two phases. They initially had to
report limited information about processing or importation, and some
were required to subsequently report additional information if they
were selected as respondents in a sample survey.
This regulation includes a sunset provision at Sec. 763.78, which
specifies that all the requirements of this rule terminate 5 years
after promulgation. Accordingly, this regulation sunsetted in 1987 and
is now obsolete.
F. Part 763, Subpart E - Asbestos; Asbestos-Containing Materials in
Schools (AHERA Rule)
At one of the OPPTS ``Regulatory Review Stakeholders' Meeting'' in
April 1995, a commenter indicated that the OPPTS preliminary report
missed two sections of the AHERA rule that have been superseded.
Specifically, the commenter pointed out that 40 CFR 763.90(i)(4) gives
the requirement for completion of a response action by TEM sampling.
However, the rule allowed for a gradual phasing in of TEM and a phasing
out of PCM in Sec. 763.90(i)(6) and (7). As the commenter correctly
noted, Sec. 763.90(i)(6) and (7) have now expired, and are superseded
by Sec. 763.90(i)(4).
EPA is therefore removing Sec. 763.90(i)(6) and (7), removing the
citations to these sections which appear in Sec. 763.90(i)(3), (4) and
(8), and will redesignate Sec. 763.90(i)(8) as Sec. 763.90(i)(6).
G. Part 763, Subpart F - Asbestos; Friable Asbestos-Containing
Materials in Schools
This rule requires local education agencies to identify friable
asbestos-containing material in public and private schools by visually
inspecting school buildings for friable materials, sampling such
materials, and having samples analyzed by appropriate techniques
referred to in the rule. In addition, the rule requires local education
agencies to post a notice of the results of inspections and analyses.
The rule requires local education agencies to provide warnings on the
health effects of asbestos and instructions on methods to avoid or
reduce exposure to school employees of any school with friable
asbestos-containing material and to notify parent-teachers associations
of the results of inspections. The rule also includes recordkeeping
requirements.
This regulation was superseded by the 1987 Asbestos in School Rule
at 40 CFR part 763, subpart E, which implemented the Asbestos Hazard
Emergency Response Act (AHERA), and is therefore no longer in effect.
However, appendix A to subpart F, which provides EPA's regulatory
method for analysis of building materials samples for the presence of
asbestos, is cited by the AHERA rule as well as the Asbestos National
Emission Standards Hazardous Air Pollutants (NESHAP) rule in 40 CFR
part 61, subpart M.As such, although the subpart is no longer in effect
and may be eliminated, appendix A is still in use and must be retained.
To retain appendix A, EPA is moving appendix A of subpart F to subpart
E (the AHERA Rule), as a new appendix E. Corresponding changes are also
being made for the citations to appendix A in both the AHERA and NESHAP
rules.
H. Part 766 - Dibenzo-para-dioxins/ Dibenzofurans
This part identifies requirements for testing under TSCA section 4
to ascertain whether certain specified chemical substances may be
contaminated with halogenated dibenzodioxins (HDDs)/dibenzofurans
(HDFs) as defined in Sec. 766.3, and requirements for reporting results
under TSCA section 8. This regulation is still in effect, and EPA
continues to receive a few reports each year. EPA is deleting the
Dioxin/Furan Reporting form (EPA 7710-51) from 40 CFR 766.35(d). The
form is easily available from EPA.
I. Parts 795 through 798 - TSCA Testing Guidelines
TSCA Section 4(b)(1) specifies that test rules shall include
standards for the development of test data. Certain test guidelines,
which become test standards when promulgated in individual section 4
test rules, are currently published in parts 795-798 of the CFR.
Codification of these test guidelines alone does not impose any
regulatory obligation. This final rule deletes from the CFR those test
guidelines that are not currently cited as test standards in any test
rules. [[Page 31920]]
J. Part 799 - Chemical Specific Test Rules
Part 799 identifies the chemical substances, mixtures, and
categories of substances and mixtures for which data are to be
developed, specifies the persons required to test, specifies the test
substances in each case, prescribes the tests that are to be conducted,
including test standards, and provides deadlines for the submission of
reports and data to EPA. For several of the substances subject to
testing under part 799, EPA has determined that the testing
reimbursement period (as defined under 40 CFR 790.3 and 791.3) has
terminated (sunset). This final rule removes from the CFR test rules
and testing consent order listings under part 799 on substances for
which the testing reimbursement periods have sunset.
For a given test rule, the reimbursement period is defined in TSCA
section 4 and the associated regulations as the later of (1) the date 5
years after the date the data are submitted in accordance with the rule
and (2) the period that begins on the date the data are submitted and
equal to the time period that EPA determines was necessary to develop
such data. Generally, the reimbursement period is 5 years from the date
of submission of the data because EPA has not required any tests that
take more than 5 years to develop data from the time data development
begins. For all the test rules affected by today's action, EPA has
determined that the period required for developing the data is less
than or equal to 5 years (by using the dates for submission of data
contained in the rules); thus the reimbursement period ends 5 years
after submission of the data. For all of the rules being deleted today,
over 5 years have passed since the last test data were submitted under
that rule.
Section 4 test rules trigger export notification under TSCA section
12(b) (see 40 CFR part 707, subpart D). The period during which the
export notification requirements apply for a particular chemical
substance or mixture subject to a section 4 test rule ends when the
reimbursement period ends. Thus, the obligation to submit section 12(b)
export notices for the substances and mixtures subject to the test
rules being deleted today has also terminated.
Additionally, this rule adds Sec. 799.18; this new section lists in
a table, substances and mixtures that are the subjects of test rules
and/or consent orders for which the testing reimbursement period has
sunset. ``Sunset date,'' as the term is used in the table at
Sec. 799.18, identifies the end of (1) the period during which TSCA
section 4 test rule reporting requirements apply under the particular
test rule (e.g., submission of exemption requests, notices of intent to
conduct testing), and (2) the reimbursement period during which certain
persons are subject to an obligation to reimburse test sponsors for
their share of the costs (calculated using market share and other bases
during the reimbursement period) associated with testing these
chemicals (see 40 CFR part 791).
EPA intends to update the table at Sec. 799.18 on a periodic basis.
IV. Rulemaking Record
EPA has established a record for this rulemaking (docket control
number OPPTS-00168. A public version of the record, without any
confidential business information is available in the TSCA Public
Docket Office from 12 noon to 4 p.m., Monday through Friday, except
legal holidays. The TSCA Public Docket Office is located in Rm. NEB-
607, 401 M St., SW., Washington, DC.
V. Analyses under E.O. 12866, the Unfunded Mandates Reform Act of
1995, the Regulatory Flexibility Act and the Paperwork Reduction
Act
Because the withdrawal of these rules from the CFR merely reflects
their current legal status, this action is not a ``significant''
regulatory action within the meaning of Executive Order 12866 (58 FR
51735, October 4, 1993), and does not impose any Federal mandate on
State, local or tribal governments or the private sector within the
meaning of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4).
For the same reasons, pursuant to the Regulatory Flexibility Act (5
U.S.C. 605(b)), it has been determined that this action would not have
a significant economic impact on a substantial number of small
entities. In addition, because these rules are not currently in effect
or are being eliminated, their deletion from the CFR does not affect
requirements under the Paperwork Reduction Act, 44 U.S.C. 3501.
List of Subjects in 40 CFR Parts 61, 704, 710, and 762, 763, 766,
795, 796, 797, 798 and 799
Administrative practice and procedure, Air pollution control,
Arsenic, Asbestos, Benzene, Beryllium, Chemicals, Confidential business
information, Dibenzo-para-dioxins, Dibenzofurans, Environmental
protection, Fully halogenated chlorofluoroalkanes, Hazardous
substances, Health, imports, Intergovernmental relations, Labeling,
Laboratories, Mercury, Occupational safety and health, Radionuclides,
Radon, Reporting and recordkeeping requirements, School, Vinyl
chloride.
Dated: June 14, 1995.
Lynn R. Goldman,
Assistant Administrator for Prevention, Pesticides and Toxic
Substances.
Therefore, title 40 of the Code of Federal Regulations, chapter I,
is amended as follows:
1. In part 61:
PART 61--[AMENDED]
a. The authority citation for part 61 continues to read as follows:
Authority: Secs. 101, 112, 114, 116, 301, Clean Air Act as
amended (42 U.S.C. 7401, 7412, 7414, 7416, 7601).
Sec. 61.141 [Amended]
b. Section 61.141 is amended by replacing ``appendix A, subpart
F,'' with ``appendix E, subpart E,'' in each of the following five
definitions: ``Category I non-friable asbestos- containing material
(ACM);'' ``Category II nonfriable ACM''; ``Friable asbestos material'';
``Nonfriable asbestos-containing material''; and ``Resilient floor
covering''.
Sec. 61.146 [Amended]
c. In Sec. 61.146, paragraphs (a) and b are amended by replacing
``appendix A, subpart F,'' with ``appendix E, subpart E,''.
Sec. 61.156 [Amended]
d. In Sec. 61.156, Table 1 is amended by replacing in the ``CFR
citation'' column ``40 CFR 763, Subpart E, F'' with ``40 CFR part 763,
subpart E''.
Appendix A to Subpart M [Amended]
e. In subpart M, appendix A, section I.1.1. is amended by replacing
``appendix A, subpart F,'' with ``appendix E, subpart E,''.
2. In part 704:
PART 704--[AMENDED]
a. The authority citation for part 704 continues to read as
follows:
Authority: 15 U.S.C. 2607(a).
Sec. 704.1 [Amended]
b. Section 704.1 is amended in paragraph (a), in the first
sentence, by removing the words ``or D,'' and by removing paragraphs
(c) and (d).
Sec. 704.104 [Amended]
c. Section 704.104(c)(3) is amended by removing the phrase ``, as
required by Sec. 712.30(d) of this chapter.'' [[Page 31921]]
Subparts C and D [Removed]
d. Subparts C and D, consisting of Sec. 704.200 through 704.225 are
removed.
3. In part 710:
PART 710--[AMENDED]
a. The authority citation for part 710 continues to read as
follows:
Authority: 15 U.S.C. 2607(a).
Subparts A and B Headings [Removed]
b. By removing the subpart A and B headings.
c. In Sec. 710.1, by revising paragraphs (a) and (c) to read as
follows:
Sec. 710.1 Scope and compliance.
(a) This part establishes regulations governing reporting by
certain persons who manufacture, import, or process chemical substances
for commercial purposes under section 8(a) of the Toxic Substances
Control Act (15 U.S.C. 2607(a)). Section 8(a) authorizes the
Administrator to require reporting of information necessary for
administration of the Act and requires EPA to issue regulations for the
purpose of compiling an inventory of chemical substances manufactured
or processed for a commercial purpose, as required by section 8(b) of
the Act. Following an initial reporting period, EPA published an
initial inventory of chemical substances manufactured, processed or
imported for commercial purposes. In accordance with section 8(b), EPA
periodically amends the inventory to include new chemical substances
which are manufactured or imported for a commercial purpose and
reported under section 5(a)(1) of the Act. EPA also revises the
categories of chemical substances and makes other amendments as
appropriate.
* * * * *
(c) Each person who reports under these regulations shall maintain
records that document information reported under these regulations and,
in accordance with the Act, permit access to, and the copying of, such
records by EPA officials.
d. In Sec. 710.2 by revising the introductory text to read as
follows:
Sec. 710.2 Definitions.
In addition to the definitions in Sec. 704.3 of this chapter, the
following definitions also apply to this part:
* * * * *
Sec. 710.3, 710.5, through 710.8 [Removed]
e. By removing Sec. 710.3, and 710.5 through 710.8 .
Sec. 710.23 [Redesignated and Removed]
f. In Sec. 710.23, by redesignating paragraphs (a), (b), and (c) as
Sec. 710.2 (dd), (ee), and (ff), respectively, and by removing the
remainder of Sec. 710.23.
Sec. 710.32 [Amended]
g. In Sec. 710.32 introductory text, change the phrase ``this
subpart'' to read ``this part''.
Sec. 710.35 [Amended]
h. In Sec. 710.35 change the phrase ``this subpart'' to read ``this
part'', each time the phrase appears.
Sec. 710.37 [Amended]
i. In Sec. 710.37, in the first sentence, change the phrase ``this
subpart'' to read ``this part''.
Sec. 710.38 [Amended]
j. In Sec. 710.38 (a), (b), (c)(1)(i), and (d), change the phrase
``this subpart'' to read ``this part'', each time the phrase appears.
4. In part 712:
PART 712--[AMENDED]
a. The authority citation for part 712 continues to read as
follows:
Authority: 15 U.S.C. 2607(a).
Sec. 712.1 [Amended]
b. In Sec. 712.1(a) by revising the phrase ``Subparts B and C,
respectively, cover'' to read ``Subpart B covers''.
Sec. 712.7 [Amended]
c. In Sec. 712.7, the first sentence, by revising the phrase
``Subparts B and C'' to read ``subpart B''.
d. In Sec. 712.28, paragraph (d) is revised to read as follows:
Sec. 712.28 Form and instructions.
* * * * *
(d) Form 7710-35,Manufacturer's Report--Preliminary Assessment
Information or PAIR form and instructions may be obtained by
telephoning or writing the Environmental Assistance Division. The
telephone number and the address of the Environmental Assistance
Division is: Phone Number (202) 554-1404, TDD (202) 554-0551. Address:
Environmental Assistance Division (7406), Office of Pollution
Prevention and Toxics, Environmental Protection Agency, 401 M St., SW.,
Washington, DC 20460.
e. Section 712.30 is amended in paragraph (c) by changing the
parenthetical ``(TS-790), Rm. L-100,'' to read ``(7409)'', by removing
paragraphs (d) through (v), by redesignating paragraphs (w) and (x) as
paragraphs (d) and (e) and revising newly designated paragraph (d) to
read as follows:
Sec. 712.30 Chemical lists and reporting periods.
* * * * *
(d) Manufacturers and importers of the substances listed below must
submit a Preliminary Assessment Information Manufacturer's Report for
each site at which they manufacture or import each substance by the
reporting date shown in the table below. The substances are listed in
Chemical Abstracts Service Registry Number order. Typically EPA lists
the trivial or common name first, then, following the symbol ``- -'',
EPA lists the substance by its TSCA Chemical Substance Inventory name.
Whenever EPA lists a single name, the name may be either the TSCA
Chemical Substance Inventory name, a trivial name, or a common name.
Generally, when a single name is listed, it is the TSCA Chemical
Substances Inventory name.
----------------------------------------------------------------------------------------------------------------
CAS No. Substance Effective date Reporting date
----------------------------------------------------------------------------------------------------------------
90-30-2 N-Phenyl-1-naphthylamine........ 9/30/91 11/27/91
100-40-3 4-Vinylcyclohexene............. 1/11/90 3/12/90
108-95-5 Thiophenol..................... 1/26/94 3/28/94
118-79-6 2,4,6-tribromophenol........... 1/11/90 3/12/90
143-33-9 Sodium cyanide................. 10/29/90 12/27/90
632-79-1 Tetrabromophthalic anhydride... 1/11/90 3/12/90
637-92-3 Ethyl tert-butyl ether......... 12/28/94 2/27/95
994-05-8 Tert-amyl methyl ether......... 12/28/94 2/27/95
1163-19-5 Decabromodiphenyl ether........ 1/11/90 3/12/90
3194-55-6 Hexabromocyclododecane......... 1/11/90 3/12/90
3296-90-0 Dibromoneopentyl glycol........ 1/11/90 3/12/90
[[Page 31922]]
12185-10-3 White phosphorus................ 1/26/94 3/28/94
32534-81-9 Pentabromodiphenyl ether........ 1/11/90 3/12/90
32536-52-0 Octabromodiphenyl ether......... 1/11/90 3/12/90
32588-76-4 Ethylene Bis- 1/11/90 3/12/90
(tetrabromophthalimide).
37853-59-1 1,2-Bis(tribromophenoxy) ethane. 1/11/90 3/12/90
41291-34-3 Ethylene(5,6-dibromonorbornane- 1/11/90 3/12/90
2,3-dicarboximide).
52907-07-0 Ethylene bis(5,6- 1/26/94 3/28/94
dibromonorbornane-2,3-
dicarboximide).
57137-10-7 Tribrominated polystyrene...... 1/11/90 3/12/90
61262-53-1 Ethylene 1/11/90 3/12/90
bis(pentabromophenoxide).
----------------------------------------------------------------------------------------------------------------
* * * * *
PART 762--[REMOVED]
5. By removing part 762.
6. In part 763:
PART 763--[AMENDED]
a.The authority citation for part 763 is revised to read as
follows:
Authority: 15 U.S.C. 2605, 2607(c), 2643, and 2646
Subpart D [Removed and Reserved]
b. By removing and reserving subpart D, consisting of Sec. 763.60
through 763.78.
Sec. 763.87 [Amended]
c. Section 763.87(b) is amended by changing the phrase ``Appendix A
to subpart F in 40 CFR Part 763,'' to read ``appendix E to subpart E of
this part.''
Sec. 763.90 [Amended]
d. Section 763.90 is amended, in paragraph (i)(3) by changing the
phrase ``paragraphs (i)(4), (5), (6), or (7) '' to read ``paragraphs
(i)(4), and (i)(5),'' in paragraph (i)(4), last sentence, by changing
the phrase ``paragraph (i)(3), (5), (6), or (7),'' to read ``paragraph
(i)(3) or (i)(5),'' by removing paragraphs (i)(6) and (i)(7), by
redesignating paragraph (i)(8) as paragraph (i)(6), and by changing the
phrase ``paragraphs (i)(5), (6), and (7),'' to read ``paragraph
(i)(5),'' each time this phrase appears.
Subpart E, Appendix C [Amended]
e. In Subpart E, Appendix C, section I.B.3.(l) ``Regulatory
review,'' revise the phrase ``the Friable Asbestos in Schools Rule (40
CFR Part 763, Subpart F)'' to read ``the Asbestos-Containing Materials
in Schools Rule (40 CFR Part 763, Subpart E)''.
Appendix A to Subpart F [Redesignated]
f. In subpart F, by redesignating ``Appendix A to Subpart F'' as
``Appendix E to Subpart E.''
Subpart F [Removed and Reserved]
g. By removing the remainder of subpart F to part 763, consisting
of Sec. 763.100 through 763.119 and by reserving the subpart F
designation.
7. In part 766:
PART 766--[AMENDED]
a. The authority citation for part 766 continues to read as
follows:
Authority: 15 U.S.C. 2603 and 2607.
Sec. 766.7 [Amended]
b. In Sec. 766.7, by changing ``Document Control Office (TS- 790),
Office of Prevention, Pesticides and Toxic Substances, Environmental
Protection Agency, 401 M St., SW., Washington, DC 20460'' to read
``Document Control Office, (7407), Information Management Division,
Office of Polution Prevention and Toxics, Environmental Protection
Agency, 401 M Street, SW., Washington, DC 20460 , ATTN: Dioxin/Furan
Report.
Sec. 766.12 [Amended]
c. In Sec. 766.12, by changing ``(TS-799)'' to ``(7408)'', removing
``(800-424-9065)'' and ``OPPTS,'' by changing ``NE-G004'' to ``NEB-
607'', and by changing ``8 a.m.''to ``12 noon''.
d. In Sec. 766.35, by revising paragraph (c)(1)(i), in paragraph
(c)(2), the first sentence, by changing ``EPA Form 7910-51 (appearing
in Sec. 766.35(d)'' to ``EPA Form 7710-51'', and by removing and
reserving paragraph (d), to read as follows
Sec. 766.35 Reporting requirements.
* * * * *
(c) * * *
(1)
(i) A completed form (EPA 7710-51) for that chemical substance. The
form and instructions are available from the Environmental Assistance
Division (7408), Office of Pollution Prevention and Toxics,
Environmental Protection Agency, 401 M St., SW., Washington, DC, 20460.
One form must be submitted for each chemical substance for which a
positive test result has been submitted.
* * * * *
Sec. 766.38 [Amended]
e. In Sec. 766.38(c), by changing ``Part II of form EPA 7910-51
(appearing at Sec. 766.35(d)) for each chemical product. A separate
form EPA 7910-51 must'' to ``Part II of EPA Form 7710-51 for each
chemical product. A separate EPA Form 7710-51 must'', and by removing
the parenthetical text at the end of the section.
8. In part 790:
PART 790--[AMENDED]
a. The authority citation for part 790 continues to read as
follows:
Authority: 15 U.S.C. 2603.
Sec. 790.5 [Amended]
b. Section 790.5(a) is amended by removing the phrase ``e.g.,
Sec. 799.4400 1,1,1-Trichloroethane,''.
9. In part 795:
PART 795--[AMENDED]
a. The authority citation for part 795 continues to read as
follows:
Authority: 15 U.S.C. 2603.
Secs. 795.45, 795.54, 795.223, 795.230, 795.235, 795.260,
795.285 [Removed]
b. By removing Secs. 795.45, 795.54, 795.223, 795.230, 795.235,
795.260, 795.285.
10. In part 796:
PART 796--[AMENDED]
a. The authority citation for part 796 continues to read as
follows:
Authority: 15 U.S.C. 2603.
Secs. 796.1220, 796.1370, 796.1520, 796.1550, 796.1570, 796.1720,
796.1840, 796.1860, 796.2700, 796.3140, 796.3180, 796.3200, 796.3220,
796.3240, 796.3260, 796.3300, 796.3340, 796.3360, 796.3400, 796.3480,
796.3700, 796.3780, and 796.3800 [Removed]
b. By removing Secs. 796.1220, 796.1370, 796.1520, 796.1550,
796.1570, 796.1720, 796.1840, 796.1860, 796.2700, 796.3140, 796.3180,
796.3200, 796.3220, 796.3240, 796.3260, 796.3300, 796.3340, 796.3360,
796.3400, 796.3480, 796.3700, 796.3780, and 796.3800.
11. In part 797: [[Page 31923]]
PART 797--[AMENDED]
a. The authority citation for part 797 continues to read as
follows:
Authority: 15 U.S.C. 2603.
Secs. 797.1060, 797.1075, 797.1160, 797.1350, 797.1440, 797.1520,
797.1560, 797.1800, 797.1830, and 797.1970 [Removed]
b. By removing Secs. 797.1060, 797.1075, 797.1160, 797.1350,
797.1440, 797.1520, 797.1560, 797.1800, 797.1830, and 797.1970.
Subpart C [Removed]
c. By removing subpart C, consisting of Secs. 797.2050, 797.2130,
797.2150, 797.2175, 797.2750, 797.2800, and 797.2850.
12. In part 798:
PART 798--[AMENDED]
a. The authority citation for part 798 continues to read as
follows:
Authority: 15 U.S.C. 2603.
Subpart B [Removed and Reserved]
b. By removing subpart B, consisting of Secs. 798.1100, 798.1150,
and 798.1175 and designating subpart B as reserved.
Secs. 798.2675, 798.4420, 798.4470, 798.4500, 798.5100, 798.5140,
798.5250, 798.5550, 798.5575, 798.5900, 798.5915, 798.6450, 798.6540,
and 798.6850 [Removed]
c. By removing Secs. 798.2675, 798.4420, 798.4470, 798.4500,
798.5100, 798.5140, 798.5250, 798.5550, 798.5575, 798.5900, 798.5915,
798.6450, 798.6540, and 798.6850.
Subpart H [Removed]
d. By removing subpart H, consisting of Sec. 798.7100.
13. In part 799:
PART 799--[AMENDED]
a. The authority citation for part 799 continues to read as
follows:
Authority: 15 U.S.C. 2603, 2611, 2625.
b.Section 799.5 is amended by removing the parenthetical text
``(e.g. Sec. 799.4400 for 1,1,1-Trichloroethane)''.
c. Section 799.18 is added to subpart A to read as follows:
Sec. 799.18 Chemicals subject of test rules or consent orders for
which the testing reimbursement period has passed.
The following table lists substances and mixtures that have been
the subjects of section 4 testing actions and for which the testing
reimbursement period has terminated (sunset). The Federal Register
citation in the table is for the final rule/consent order that includes
the particular substance for which the sunset date listed in the table
below applies. Section 12(b) export notification is no longer required
for these substances and mixtures. Substances that are the subjects of
two or more section 4 testing actions may have section 4 reimbursement
or section 12(b) export notification requirements that have not sunset;
see subparts B, C, and D of this part to determine if certain other
section 4 testing requirements apply. Additionally, section 12(b)
export notification may also be triggered by proposed or final action
under TSCA section 5, 6, or 7 (in addition to final actions under
section 4); see 40 CFR part 707, subpart D for further information
regarding the TSCA section 12(b) export notification requirements.
------------------------------------------------------------------------
CAS No. Chemical Name FR cite Sunset dates
------------------------------------------------------------------------
C-9 Aromatic 50 FR 20662, 5/ Aug 13, 1994
62-53-3.......... Aniline 53 FR 31804, 8/ July 27, 1994
19/88
71-55-6.......... 1,1,1- 49 FR 39810, 10/ June 29, 1992
Trichloroethane 10/84
75-56-9.......... Propylene oxide 50 FR 48762, 11/ Dec,21, 1992
27/85
78-87-5.......... 1,2- 52 FR 37138, 10/ April 17, 1995
Dichloropropane 5/87
79-94-7.......... Tetrabromobisphen 52 FR 25219, 7/6/ Aug 24, 1994
ol-A 87
80-05-7.......... Bisphenol A 51 FR 33047, 9/ April 6, 1993
18/86
84-65-1.......... Anthraquinone 52 FR 21018, 6/4/ Aug 21,1994
87
87-61-6.......... 1,2,3- 51 FR 11728,4/7/ Nov 13, 1993
trichlorobenzene 86
88-74-4.......... 2-nitroaniline 53 FR 31804, 8/ Sept 19, 1994
19/88
92-52-4.......... 1,1-Biphenyl 50 FR 37182, 9/ March 15,1994
12/85
95-48-7.......... Ortho-cresols AKA 51 FR 15771, 4/ Dec. 6, 1994
2-methylphenol 28/86
95-50-1.......... 1,2- 51 FR 24657, 7/8/ April 27, 1994
dichlorobenzene 86
95-51-2.......... 2-chloroaniline 53 FR 31804, 8/ Sept 6, 1994
19/88
95-76-1.......... 3,4- 53 FR 31804, 8/ Oct 2, 1994
dichloroaniline 19/88
95-94-3.......... 1,2,4,5- 51 FR 24657,7/8/ April 27, 1994
tetrachlorobenze 86
ne
97-02-9.......... 2,4- 53 FR 31804, 8/ Oct 19, 1993
dinitroaniline 19/88
98-82-8.......... Cumene 53 FR 28195, 7/ March 11, 1995
27/88
99-30-9.......... 2,6-dichloro-4- 53 FR 31804, 8/ Aug 6, 1994
nitroaniline 19/88
100-01-6......... 4-nitroaniline 53 FR 31804, 8/ Sept 19, 1994
19/88
106-44-5......... Para-cresols AKA 51 FR 15771, 4/ Dec. 6, 1994
4-methylphenol 28/86
106-46-7......... 1,4- 51 FR 24657, 7/8/ Jan 22, 1994
dichlorobenzene 86
106-47-8......... 4-chloroaniline 53 FR 31804, 8/ Oct 19, 1993
19/88
108-39-4......... Meta-cresols AKA 51 FR 15771, 4/ Dec. 6, 1994
3-methylphenol 28/86
108-90-7......... Monochlorobenzene 51 FR 24657, 7/8/ Nov 13, 1991
86
112-90-3......... Oleylamine 52 FR 31962, 8/ Nov 28, 1994
24/87
116-14-3......... Tetrafluoroethene 52 FR 21516, 6/8/ May 19, 1993
87
[[Page 31924]]
116-15-4......... Hexafluoropropene 52 FR 21516, 6/8/ Jan 22, 1994
87
123-31-9......... Hydroquinone 50 FR 53145, 12/ Dec. 11, 1994
30/85
149-57-5......... 2-Ethylhexanoic 51 FR 40318, 11/ June 19, 1993
Acid 6/86
328-84-7......... 3,4- 52 FR 23547, 6/ Dec. 5, 1993
Dichlorobenzotri 23/87
fluoride
25550-98-5....... Diisodecyl Phenyl 54 FR 8112, 2/24/ May 21, 1995
Phosphite 89
------------------------------------------------------------------------
\1\ Only substances obtained from the reforming of crude petroleum.
Secs. 799.500, 799.925, 799.940, 799.1051, 799.1052, 799.1054,
799.1250, 799.1285, 799.1550, 799.1650, 799.2175, 799.2200,
799.3175, 799.3450, 799.4000, 799.4400 [Removed]
d. Sections 799.500, 799.925, 799.940, 799.1051, 799.1052,
799.1054, 799.1250, 799.1285, 799.1550, 799.1650, 799.2175, 799.2200,
799.3175, 799.3450, 799.4000, and 799.4400 are removed.
Sec. 799.5000 [Amended]
e. Section 799.5000 is amended by removing from the table the
complete entries for the following substances and/or mixtures: Aniline,
2-nitroaniline, 2-chloroaniline, 3,4-dichloroaniline, 2,4-
dinitroaniline, 2,6-dicloro-4-nitroaniline, 4-nitroaniline, 4-
chloroaniline, 3,4-dichlorobenzotrifluoride, and diisodecyl phenyl
phosphite.
[FR Doc. 95-14910 Filed 6-16-95; 8:45 am]
BILLING CODE 6560-50-F