[Federal Register Volume 61, Number 247 (Monday, December 23, 1996)]
[Proposed Rules]
[Pages 67516-67517]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-32529]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 799

[OPPTS-42187D; FRL-5580-6]
RIN 2070-AC76


Proposed Test Rule for Hazardous Air Pollutants; Extension of 
Comment Period on Proposed Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Extension of comment period on proposed test rule.

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SUMMARY: EPA is extending the public comment period from January 31, 
1997 to March 31, 1997 on the proposed rule to require manufacturers 
and processors of 21 hazardous air pollutants (HAPs) to test these 
substances for certain health effects. This proposed rule was published 
in the Federal Register on June 26, 1996 (61 FR 33178) (FRL-4869-1). On 
October 18, 1996, EPA extended the public comment period on the 
proposed rule from December 23, 1996 to January 31, 1997 (61 FR 54383) 
(FRL-5571-3).
DATES: Written comments on the proposed rule must be received by EPA on 
or before March 31, 1997.

ADDRESSES: Submit three copies of written comments on the proposed HAPs 
test rule, identified by document control number (OPPTS-42187A; FRL-
4869-1) to: U.S. Environmental Protection Agency, Office of Pollution 
Prevention and Toxics (OPPT), Document Control Office (7407), Rm. G-
099, 401 M St., SW., Washington, DC 20460.
    A public version of the official rulemaking record supporting this 
action, excluding confidential business information (CBI), is available 
for inspection at the TSCA Nonconfidential Information Center, Rm. NE-
B607, 401 M St., SW., Washington, DC 20460, from 12 noon to 4 p.m., 
Monday through Friday, except on legal holidays.
    All comments that contain information claimed as CBI must be 
clearly marked as such. Three sanitized copies of any comments 
containing information claimed as CBI must also be submitted and will 
be placed in the public record for this rulemaking. Persons submitting 
information that they believe is entitled to treatment as CBI must 
assert a business confidentiality claim in accordance with 40 CFR part 
2. This claim must be made at the time that the information is 
submitted to EPA. If a submitter does not assert a confidentiality 
claim at the time of submission, EPA will treat the information as non-
confidential and may make it available to the public without further 
notice to the submitter.
    Comments and data may also be submitted in electronic form by 
sending electronic mail (e-mail) to: [email protected]. Such 
comments and data must be submitted in 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 5.1 file format or ASCII 
file format. All comments and data in electronic form must be 
identified by (OPPTS-42187A) (FRL-4869-1). No information claimed as 
CBI should be submitted through e-mail. Comments in electronic form may 
be filed online at many federal depository libraries.
    The official record of this action, as well as the public version, 
will be maintained in paper form. EPA will transfer all comments 
received electronically into paper form and will place the paper copies 
in the official record. The official record is the paper record 
maintained at the address listed at the beginning of the ``ADDRESSES'' 
section of this notice.

FOR FURTHER INFORMATION CONTACT:  Susan B. Hazen, Director, 
Environmental Assistance Division (7408), Rm. ET-543B, Office of 
Pollution Prevention and Toxics, U.S. Environmental Protection Agency, 
401 M St., SW., Washington, DC 20460; telephone: (202) 554-1404; TDD: 
(202) 554-0551; e-mail: TSCA-H[email protected].
    For technical information contact: Robert A. Reiley, Project 
Manager, Chemical Control Division (7405), Office of Pollution 
Prevention and Toxics, U.S. Environmental Protection Agency, 401 M St., 
SW., Washington, DC 20460; telephone: (202) 260-1105; fax: (202) 260-
1096; e-mail: [email protected].; or Gary Timm, Senior 
Technical Advisor, Chemical Control Division (7405), Office of 
Pollution Prevention and

[[Page 67517]]

Toxics, U.S. Environmental Protection Agency, 401 M St., SW., 
Washington, DC 20460; telephone: (202) 260-1105; fax: (202) 260-8168; 
e-mail: [email protected].

SUPPLEMENTARY INFORMATION: The HAPs rule proposed testing, under 
section 4(a) of the Toxic Substances Control Act (TSCA), of: 1,1'-
biphenyl, carbonyl sulfide, chlorine, chlorobenzene, chloroprene, 
cresols [3 isomers], diethanolamine, ethylbenzene, ethylene dichloride, 
ethylene glycol, hydrochloric acid, hydrogen fluoride, maleic 
anhydride, methyl isobutyl ketone, methyl methacrylate, naphthalene, 
phenol, phthalic anhydride, 1,2,4-trichlorobenzene, 1,1,2-
trichloroethane, and vinylidene chloride. EPA would use the data 
generated under the rule to implement several provisions of section 112 
of the Clean Air Act and to meet other EPA data needs and those of 
other Federal agencies. In the HAPs proposal, EPA solicited proposals 
for enforceable consent agreements (ECAs) regarding the performance of 
pharmacokinetics studies which would permit extrapolation from data 
developed from oral exposure studies to predict effects from inhalation 
exposure.
    On October 18, 1996, EPA extended the public comment period on the 
proposed rule from December 23, 1996 to January 31, 1997 (61 FR 54383) 
(FRL-5571-3). This extension was to allow more time for the submission 
of proposals for ECAs and adequate time for comments on the proposed 
rule to be submitted after the Agency has considered the ECA proposals. 
EPA has received several proposals for ECAs. Due to the complexity of 
the issues raised by these proposals, it will take the Agency more time 
than anticipated to consider the ECAs and respond to the submitters.
    In the HAPs proposed rule, published on June 26, 1996 (61 FR 33178) 
(FRL-4869-1), testing would be conducted using the OPPTS harmonized 
guidelines that were proposed on June 20, 1996 (61 FR 31522) (FRL-5367-
7). The process of developing these guidelines is proceeding at the 
same time as the development of the HAPs test rule. As stated in the 
original proposal, the OPPTS harmonization process may result in the 
finalization of the guidelines prior to the end of the comment period 
for the proposed rule. If so, EPA will announce the availability of any 
of the 11 guidelines used in the HAPs rule that have been finalized in 
order to allow for public comment on the applicability of the finalized 
guidelines to the HAPs rule.
    There has been a delay in finalizing the guidelines. The Agency has 
decided to extend the comment period on the HAPs test rule to allow 
some or all of the 11 guidelines to be finalized.
    Accordingly, for both of the reasons discussed above, EPA is 
extending the comment period on the proposed rule to March 31, 1997. If 
the guideline harmonization process is further delayed, EPA may, at a 
future time, extend the comment period on the guidelines as they apply 
to the HAPs chemicals, or may decide to issue the corresponding HAPs-
specific guidelines independent of the OPPTS harmonization process, 
using appropriate notice-and-comment procedures.

List of Subjects in 40 CFR Part 799

    Environmental protection, Chemicals, Hazardous substances, 
Reporting and recordkeeping requirements.

    Dated: December 16, 1996.

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

[FR Doc. 96-32529 Filed 12-20-96; 8:45 am]
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