[Federal Register Volume 60, Number 170 (Friday, September 1, 1995)]
[Notices]
[Page 45720]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-21669]



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ENVIRONMENTAL PROTECTION AGENCY
[OPPTS-42111G; FRL-4965-9]


Withdrawal of Conditional Exemptions From TSCA Section 4 Test 
Rules

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA is withdrawing certain conditional Toxic Substances 
Control Act (TSCA) section 4 testing exemptions announced in the 
Federal Register of March 31, 1995 (60 FR 16648).

EFFECTIVE DATE: September 1, 1995.

FOR FURTHER INFORMATION CONTACT: Susan B. Hazen, Director, 
Environmental Assistance Division (7408), Office of Pollution 
Prevention and Toxics, Rm. E-543B, 401 M St. SW., Washington, DC 20460, 
(202) 554-1404, TDD: (202) 544-0551; Internet: TSCA-
H[email protected].

SUPPLEMENTARY INFORMATION: On November 10, 1993, EPA issued a final 
rule requiring manufacturers and processors of 1,3,5-trimethylbenzene 
(TMB) as one of four substances named as ``Office of Water Chemicals,'' 
to conduct oral 14-day repeated dose and oral 90-day subchronic 
toxicity studies on TMB (58 FR 59667). Petroleum refiners, challenged 
EPA's final rule arguing that they had received inadequate notice that 
they might be considered manufacturers of TMB and therefore subject to 
the test rule. After reviewing the record, EPA agreed that there was an 
issue as to whether certain manufacturers received sufficient notice 
that they would be subject to the test rule. As a result, EPA issued a 
Clarification of Test Rule Notice to clarify that only manufacturers, 
importers, and processors of TMB as an isolated product, and not 
persons who manufacture, import, or process the substance as part of 
complex mixtures or substances, would be subject to the final test rule 
requiring certain health effects testing. This Federal Register Notice 
was published on September 2, 1994 (59 FR 45629).
    On March 31, 1995, EPA published its routine Federal Register 
notice granting conditional exemptions from TSCA Section 4 Test Rules 
(60 FR 16648). This notice granted conditional exemptions from the 
requirements to test certain substances pursuant to the Office of Water 
Chemicals TSCA section 4 test rule issued on November 10, 1993 (58 FR 
59667). EPA granted the conditional exemptions for those 
``manufacturers'' of chemical substances who had submitted exemption 
applications pursuant to the Office of Water Chemicals Test Rule.

    Companies are required to submit exemption applications within 30 
days after the effective date of a test rule (See 40 CFR 790.45(a)). As 
a result, EPA received exemption applications for TMB before issuing 
its Clarification of Test Rule Notice for TMB. However, some of those 
companies that submitted the exemption applications before EPA issued 
the clarification may actually not be subject to the requirements of 
the Office of Water Chemicals Test Rule as clarified because they are 
``... persons, including relevant petroleum refiners, who do not 
manufacture, import, or process TMB as an isolated product.'' (59 FR 
45629).

    After publication of the March 31, 1995 Federal Register notice, 
EPA realized that because certain companies covered by the 
Clarification of Test Rule Notice of September 2, 1994 would not be 
subject to the Office of Water Chemicals Test Rule, they would not be 
required to test the substance or, in the alternative to provide a 
request for an exemption from the requirement to test the substance. 
Therefore, for those companies that are excluded from coverage under 
the Office of Water Chemicals Test Rule by the September 2, 1994 
Clarification of Test Rule Notice, EPA withdraws the granting of the 
conditional exemption. Such companies were not required to submit an 
exemption application, ``. . .or any other item that may be required 
pursuant to a final test rule under TSCA Section 4.'' (59 FR 45629).

    Authority: 15 U.S.C. 2601, 2603.

    Dated: August 25, 1995.

Charles M. Auer,

Director, Chemical Control Division, Office of Pollution Prevention and 
Toxics.

[FR Doc. 95-21669 Filed 8-31-95; 8:45 am]

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