[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
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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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