[Federal Register Volume 61, Number 77 (Friday, April 19, 1996)]
[Proposed Rules]
[Pages 17272-17273]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-9708]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 721

[OPPTS-50598A; FRL-5355-5]


Substituted Cyclohexyldiamino Ethyl Esters; Proposed Revocation 
of a Significant New Use Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to revoke a significant new use rule (SNUR) 
promulgated under section 5(a)(2) of the Toxic Substances Control Act 
(TSCA) for substituted cyclohexyldiamino ethyl esters based on receipt 
of new data. Based on the data the Agency determined that it could no 
longer support a finding that activities not described in the PMN may 
result in significant changes in environmental exposure.

DATES: Written comments must be received by May 20, 1996.

ADDRESSES:  Each comment must bear the docket control number OPPTS-
50598A (FRL-5355-5). All comments should be sent in triplicate to: OPPT 
Document Control Officer (7407), Office of Pollution Prevention and 
Toxics, Environmental Protection Agency, 401 M Street, SW., Room G-099, 
East Tower, Washington, DC 20460.
    All comments which are claimed confidential must be clearly marked 
as such. Three additional sanitized copies of any comments containing 
confidential business information (CBI) must also be submitted. 
Nonconfidential versions of comments on this rule will be placed in the 
rulemaking record and will be available for public inspection. Unit III 
of this preamble contains additional information on submitting comments 
containing CBI.
    Comments and data may also be submitted electronically by sending 
electronic mail (e-mail) to: [email protected]. Electronic comments 
must be submitted as an ASCII file avoiding the use of special 
characters and any form of encryption. Comments and data will also be 
accepted on disks in WordPerfect in 5.1 file format or ASCII file 
format. All comments and data in electronic form must be identified by 
(OPPTS-50598A) (FRL-5355-5). No CBI should be submitted through e-mail. 
Electronic comment on this notice may be filed online at many Federal 
Depository Libraries. Additional information on electronic submissions 
can be found under Unit IV of this preamble.

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

SUPPLEMENTARY INFORMATION: In the Federal Register of October 8, 1992 
(57 FR 46458), EPA issued a SNUR (FRL-3934-7) establishing significant 
new uses for substituted cyclohexyldiamino ethyl esters. Because of 
additional data EPA has received for this substance, EPA is proposing 
to revoke this SNUR.

I. Proposed Revocation

    EPA is proposing to revoke the significant new use and 
recordkeeping requirements for the following chemical substance under 
40 CFR part 721, subpart E. In this unit, EPA provides a brief 
description for the substance, including its premanufacture notice 
(PMN) number, chemical name (generic name if the specific name is 
claimed as CBI), CAS number (if assigned), basis for the revocation of 
the section 5(e) consent order for the substance, and the CFR citation 
removed in the regulatory text section of this proposed rule. Further 
background information for the substance is contained in the rulemaking 
record referenced in Unit IV of this preamble.

PMN Number P-91-1243

Chemical name: (generic) Substituted cyclohexyldiamino ethyl esters.
CAS number: Not available.
Basis for revocation of SNUR: The SNUR was issued based on the fact 
that releases to water could occur that may present an unreasonable 
risk of injury to the environment. The PMN submitter provided data 
demonstrating that even small quantities of water would render the 
formulation containing the PMN substance unusable. Therefore any 
manufacturing, processing or use of the substance would not involve 
releases to water. EPA can no longer make the required finding under 
Sec. 721.170(b)(4)(ii).
CFR Number: 40 CFR 721.2980.

II. Background and Rationale for Revocation of the Rule

    During review of the PMN submitted for the chemical substance that 
is the subject of this revocation, EPA concluded that regulation was 
warranted under Sec. 721.170(b)(4)(ii) based on the fact that 
activities not described in the PMN may result in significant changes 
in environmental exposure. Based on these findings, a SNUR was 
promulgated.
    EPA has determined that it could no longer support a finding that 
activities not described in the PMN may result in significant changes 
in environmental exposure. The proposed revocation of SNUR provisions 
for this substance designated herein is consistent with this finding.
    In light of the above EPA is proposing to revoke the SNUR 
provisions for this chemical substance. When this revocation becomes 
final, EPA will no longer require notice of any company's intent to 
manufacture, import, or process this substance. In addition, export 
notification under section 12(b) of TSCA will no longer be required.

[[Page 17273]]

III. 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.

IV. Rulemaking Record

    A record has been established for this rulemaking under docket 
number OPPTS 50598A (including comments and data submitted 
electronically as described below). A public version of this record, 
including printed, paper versions of electronic comments, which does 
not include any information claimed as CBI is available for inspection 
from 12 noon to 4 p.m., Monday through Friday, except legal holidays. 
The public record is located in the TSCA Nonconfidential Information 
Center, Rm. NE-B607, 401 M St., SW., Washington, DC 20460.
    Electronic comments can be sent directly to EPA at:
    [email protected]
    Electronic comments must be submitted as an ASCII file avoiding the 
use of special characters and any form of encryption.
    The official record for this rulemaking, as well as the public 
version, as described above will be kept in paper form. Accordingly, 
EPA will transfer all comments received electronically into printed, 
paper form as they are received and will place the paper copies in the 
official rulemaking record which will also include all comments 
submitted directly in writing. The official rulemaking record is the 
paper record maintained at the address in ``ADDRESSES'' at the 
beginning of this document.

V. Regulatory Assessment Requirements

    EPA is revoking the requirements of this rule. Any costs or burdens 
associated with this rule will also be eliminated when the rule is 
revoked. Therefore, EPA finds that no costs or burdens must be assessed 
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, 
Recordkeeping and reporting requirements, Significant new uses.

    Dated: April 11, 1996.

Charles M. Auer,
Director, Chemical Control Division, 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).

Sec. 721.2980  [Removed]

    2. By removing Sec. 721.2980.

[FR Doc. 96-9708 Filed 4-18-96; 8:45 am]
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