[Federal Register Volume 62, Number 23 (Tuesday, February 4, 1997)]
[Proposed Rules]
[Pages 5196-5197]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-2709]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 721

[OPPTS-50622A; FRL-5580-7]


Aliphatic Ester; 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 aliphatic ester based on a new evaluation of toxicity data. 
Based on the data the Agency determined that it could no longer support 
a finding that activities not described in the TSCA section 5(e) 
consent order may result in significant changes in human exposure.
DATES: Written comments must be received by March 6, 1997.

ADDRESSES: Each comment must bear the docket control number OPPTS-
50622A. 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 5.1 file format or ASCII file format. 
All comments and data in electronic form must be identified by (OPPTS-
50622A). 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 August 30, 1995 
(60 FR 45072) (FRL-4926-2) EPA issued a SNUR establishing significant 
new uses for aliphatic ester. 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 below in Unit IV of this preamble.

PMN Number P-93-633

Chemical name: (generic) Aliphatic ester.
CAS number: Not available.
Effective date of revocation of section 5(e) consent order: December 7, 
1995.
Basis for revocation of SNUR: The consent order which was the basis of 
this SNUR was revoked based on a reassessment of the developmental 
toxicity data used in the risk assessment of this substance. EPA's 
reevaluation of the data established a No Observed Adverse Effect Level 
(NOAEL) of 250 mg/kg. Based on that assessment EPA determined that it 
could no longer support an unreasonable risk finding under section 5(e) 
of TSCA and revoked the consent order. EPA can no longer make the 
finding that activities not described in the TSCA section 5(e) consent 
order may result in significant changes in human exposure.
CFR Number: 40 CFR 721.2815.

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 based on the fact that activities not described in the 
section 5(e) consent order may result in significant changes in human 
exposure. Based on these findings, a SNUR was promulgated.
    EPA has revoked the section 5(e) consent order that is the basis 
for this SNUR and determined that it could no longer support a finding 
that activities not described in the section 5(e) consent order may 
result in significant changes in human 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 5197]]

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 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 50522A (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: oppt-
[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.

    Dated: January 27, 1997.

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. 721.2815  [Removed]

    2. By removing Sec. 721.2815.

[FR Doc. 97-2709 Filed 2-3-97; 8:45 am]
BILLING CODE 6560-50-F