[Federal Register Volume 61, Number 140 (Friday, July 19, 1996)]
[Rules and Regulations]
[Pages 37685-37686]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-17924]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 799

[OPPTS-40029; FRL-5378-3]


Technical Amendments to Test Rules and Enforceable Testing 
Consent Agreements/Orders

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA has approved by letter certain modifications to test 
standards and schedules for chemical testing programs under section 4 
of the Toxic Substances Control Act (TSCA). These modifications, 
requested by test sponsors, will be incorporated and codified in the 
respective test regulations or enforceable testing consent agreements/
orders. Because these modifications do not significantly alter the 
scope of a test or significantly change the schedule for its 
completion, EPA approved these requests without seeking notice and 
comment. EPA annually publishes a rule describing all of the 
modifications granted by letter for the previous year.

EFFECTIVE DATE: This rule shall take effect on July 19, 1996.
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) 554-0551. Internet Address: TSCA-
H[email protected].

SUPPLEMENTARY INFORMATION: EPA issued a rule published in the Federal 
Register of September 1, 1989 (54 FR 36311), amending procedures in 40 
CFR part 790 for modifying test standards and schedules for test rules 
and enforceable testing consent agreements/orders under section 4 of 
TSCA. The amended procedures allow EPA to approve requested 
modifications which do not alter the scope of a test or significantly 
change the schedule for its completion. These modifications are 
approved by letter without public comment. The rule also requires 
immediate placement of these letters in EPA's public files and 
publication of these modifications in the Federal Register. This 
document includes modifications approved from January 1, 1995 through 
December 31, 1995. For a detailed description of the rationale for 
these modifications, refer to the submitters' letters and EPA's 
responses in the public record for this rulemaking.

I. Discussion of Modifications

    Each chemical discussed in this rule is identified by a specific 
CAS number and docket number. Copies of correspondence relating to 
specific chemical modifications may be found in docket number (OPPTS-
40029) established for this rule. The following table lists all 
chemical-specific modifications approved from January 1, 1995 through 
December 31, 1995.

                Modifications to Test Standards and Enforceable Testing Consent Agreements/Orders               
                                   (January 1, 1995 Through December 31, 1995)                                  
----------------------------------------------------------------------------------------------------------------
        Chemical/CAS Number          CFR Cite           Test              Modifications           Docket No     
----------------------------------------------------------------------------------------------------------------
Final Rule(s).....................                                                                              
  Drinking Water Contaminants.....                                                                              
                                                                                                                
  1,1,2,2-Tetrachloroethane/CAS      799.5075  14-day oral subacute   5                     40029/42111J        
   No. 79-34-5.                                 testing                                                         
                                                                                                                
Enforceable Testing Consent                                                                                     
 Agreement(s)/Order(s).                                                                                         
                                                                                                                
  Bisphenol A diglycidyl ether /     799.5000  Reproductive toxicity  5                     40029/42168A        
   CAS No. 1675-54-3.                           testing                                                         
  Cyclohexane/CAS No. 110-82-7....   799.5000  90-day subchronic      9                     40029/42094E        
                                                inhalation toxicity                                             
                                                tests                                                           
  ................................             Dermal absorption      5,9                                       
                                                study                                                           
  ................................             Dermal sensitization   5                                         
                                                study                                                           
  ................................             Acute SCOB test        9                                         
                                                standard                                                        
  n-Butyl acetate/CAS No. 123-86-4   799.5000  In vivo hydrolysis     7                     40029/42138B        
                                                protocol                                                        
----------------------------------------------------------------------------------------------------------------

    Modifications
    1. Modify sampling schedule.
    2. Change test substance (form/purity).
    3. Change non-critical test procedure or condition.
    4. Add satellite group for further testing.
    5. Extend test or protocol deadline, delete test initiation 
date.
    6. Clarify and/or add specific guideline requirement.
    7. Alter specific guideline requirement approved for certain 
test(s).
    8. Correct CAS No.
    9. Amend test standard.
    10. Neurotoxicity endpoint rule.
    11. Revise protocol.

      Note: Only modifications under numbers 5, 7, and 9 in the 
above table were approved in 1995.



[[Page 37686]]



II. Public Record

    EPA has established a public record for this rulemaking under 
docket number OPPTS-40029. The record includes the information 
considered by EPA in evaluating the requested modifications. The record 
is available for inspection from 12:00 noon to 4 p.m., Monday through 
Friday, excluding legal holidays, in the TSCA Nonconfidential 
Information Center, U.S. EPA, Rm. NE-B607, 401 M St., SW., Washington, 
DC 20460.

III. Regulatory Assessment Requirements

A. Executive Order 12866

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), it has 
been determined that this action is not ``significant'' pursuant to the 
terms of this Executive Order because the modifications to the subject 
testing actions do not impose any additional requirements on the 
public. This action is therefore not subject to review by the Office of 
Management and Budget (OMB).

B. Regulatory Flexibility Act

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), I 
hereby certify that this action will not have a significant economic 
impact on a substantial number of small entities because the 
modifications do not significantly alter the scope of a test or 
significantly change the schedule for its completion and because these 
modifications were made at the request of a member of the regulated 
community.

C. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Pub. 
L. 104-4, establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local, and tribal 
governments and the private sector. This rule does not impose any 
Federal mandates on any State, local, or tribal governments or the 
private sector within the meaning of the Unfunded Mandates Reform Act 
of 1995.

D. Paperwork Reduction Act

    The information collection requirements associated with this rule 
have been approved by OMB under the provisions of the Paperwork 
Reduction Act, 44 U.S.C. 350l et. seq. and have been assigned OMB 
control number 2070-0033 (EPA ICR No. 1139). EPA has determined that 
this rule does not change existing recordkeeping or reporting 
requirements nor does it impose any additional recordkeeping or 
reporting requirements on the public.

E. Submission to Congress and the General Accounting Office

    Under 5 U.S.C. 801(a)(1)(A) of the Administrative Procedure Act 
(APA) as amended by the Small Business Regulatory Enforcement Fairness 
Act of 1996 (Title II of Pub. L. 104-121, 110 Stat. 847), EPA submitted 
a report containing this rule and other required information to the 
U.S. Senate, the U.S. House of Representatives and the Comptroller 
General of the General Accounting Office prior to publication of the 
rule in today's Federal Register. This rule is not a ``major rule'' as 
defined by 5 U.S.C. 804(2) of the APA as amended.

List of Subjects in 40 CFR Part 799

Environmental protection, Chemicals, Chemical export, Hazardous 
substances, Recordkeeping and Reporting Requirements, Testing.

    Dated: June 28, 1996.

Lynn R. Goldman,
Assistant Administrator for Prevention, Pesticides and Toxic 
Substances.

    Therefore, 40 CFR part 799 is amended as follows:

PART 799--[AMENDED]

    1. The authority citation for part 799 continues to read as 
follows:
    Authority: 15 U.S.C. 2603, 2611, 2625.

    2. In Sec. 799.5075 by revising paragraphs (c)(1)(ii)(A) and (d) to 
read as follows:


Sec. 799.5075   Drinking Water Contaminants Subject to Testing.

*          *          *          *          *
    (c) *    *    *
    (1) *    *    *
    (ii) *    *    *   (A) Each subacute test shall be completed and 
the final report submitted to EPA within 12 months of the date 
specified in paragraph (d)(1) of this section, except for 1,1,2,2-
tetrachloroethane. The subacute testing for 1,1,2,2-tetrachloroethane 
shall be completed and the final report submitted to EPA by December 
15, 1995.
*         *         *          *          *
    (d) Effective date. (1) This section is effective on December 27, 
1993 except for paragraphs (a)(1), (a)(2), (c)(1)(i)(A), (c)(1)(ii)(A), 
(c)(1)(ii)(B), (c)(2)(i)(A), and (c)(2)(ii)(A). The effective date for 
paragraphs (a)(2), (c)(1)(ii)(B) and (c)(2)(ii)(A) is September 29, 
1995. The effective date for paragraphs (a)(1), (c)(1)(i)(A), and 
(c)(2)(i)(A) is February 27, 1996. The effective date for paragraph 
(c)(1)(ii)(A) is July 19, 1996.
    (2) The guidelines and other test methods cited in this section are 
referenced as they exist on the effective date of the final rule.

[FR Doc. 96-17924 Filed 7-18-96; 8:45 am]
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