[Federal Register Volume 62, Number 40 (Friday, February 28, 1997)]
[Proposed Rules]
[Pages 9142-9143]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-5193]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY
[OPPTS-42187E; FRL-5592-1]

40 CFR Part 799

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.

-----------------------------------------------------------------------

SUMMARY: EPA is extending the public comment period from March 31, 1997 
to April 30, 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 
December 23, 1996, EPA extended the public comment period on the 
proposed rule from January 31, 1997 to March 31, 1997 (61 FR 
67516)(FRL-5580-6).

DATES: Written comments on the proposed rule must be received by EPA on 
or before April 30, 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

[[Page 9143]]

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: Richard Leukroth, 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) 260-0321; fax: (202) 260-
8850; e-mail: [email protected].; or Gary Timm, Senior 
Technical Advisor, Chemical Control Division (7405), Office of 
Pollution Prevention and Toxics, U.S. Environmental Protection Agency, 
401 M St., SW., Washington, DC 20460; telephone: (202) 260-1859; 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 (PK) 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 on PK 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 on PK. 
Due to the complexity of the issues raised by these proposals, the 
Agency extended the public comment period to March 31, 1997 (61 FR 
67516, December 23, 1996) to allow more time to consider the ECAs and 
to finalize the test guidelines to be referenced in the proposed HAPs 
test rule.
    In the HAPs proposed rule published on June 26, 1996 (61 FR 33178), 
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 publish the final guidelines used in the HAPs 
rule in order to allow for public comment on the applicability of the 
finalized guidelines to the HAPs rule.
    There has been an additional delay in finalizing the guidelines. 
The Agency has decided to extend the comment period on the HAPs test 
rule to allow for the publication of the final guidelines.
    In addition, the Agency anticipates responding to the submitters of 
proposals for ECAs on PK by no later than March 31, 1997.
    Accordingly, EPA is extending the comment period on the proposed 
rule to April 30, 1997.

List of Subjects in 40 CFR Part 799

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

    Dated: February 25, 1997.

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

[FR Doc. 97-5193 Filed 2-27-97; 8:45 am]
BILLING CODE 6560-50-F