[Federal Register Volume 62, Number 60 (Friday, March 28, 1997)]
[Proposed Rules]
[Pages 14850-14851]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-7815]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 799

[OPPTS-42187F; FRL-5598-4]
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 April 30, 1997 
to June 30, 1997 on the proposed rule to require the testing of 21 
hazardous air pollutants (HAPs) for certain health effects. This 
proposed rule was published in the Federal Register on June 26, 1996 
(61 FR 33178)(FRL-4869-1). On February 28, 1997, EPA extended the 
public comment period from March 31, 1997 to April 30, 1997 (62 FR 
9142)(FRL-5592-1).

DATES: Written comments on the proposed rule must be received by EPA on 
or before June 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 
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 for this rulemaking, 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 document.

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 W. Leukroth, Jr , 
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].

SUPPLEMENTARY INFORMATION: On June 26, 1996 (61 FR 33178), EPA proposed 
health effects testing, under section 4(a) of the Toxic Substances 
Control Act (TSCA), of the following hazardous air pollutants (HAPs): 
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 invited the 
submission of proposals for

[[Page 14851]]

pharmacokinetics (PK) studies for the HAPs chemicals, which could 
provide the basis for negotiation of enforcable consent agreements 
(ECAs). These PK studies would be used to conduct route-to-route 
extrapolation of toxicity data from routes other than inhalation to 
predict the effects of inhalation exposure, as an alternative to 
testing proposed under the HAPs rule.
    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 for the purpose of allowing more time 
for the submission of PK proposals and adequate time for comments on 
the proposed rule to be submitted after the Agency had responded to the 
proposals. EPA received several PK proposals. Due to the complexity of 
the issues raised by these proposals, EPA successively extended the 
public comment period (61 FR 67516, December 23, 1996 (FRL-5580-6); 62 
FR 9142, February 28, 1997) to allow the Agency more time to respond to 
the PK proposals and to finalize the test guidelines to be referenced 
in the proposed HAPs test rule.
    The HAPs proposed rule published on June 26, 1996 (61 FR 33178) 
provides that testing would be conducted using the harmonized 
guidelines developed by the Office of Prevention, Pesticides, and Toxic 
Substances (OPPTS) 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. 
For the purposes of the proposed HAPs test rule and testing under TSCA 
section 4(a), the Office of Pollution Prevention and Toxics (OPPT) 
intends to promulgate final TSCA test guidelines. The Agency will 
solicit public comment on the applicability of the test guidelines to 
the HAPs rule and will follow this practice with respect to all future 
TSCA section 4(a) test rules. These guidelines will be published in the 
Federal Register on or before May 30, 1997.
    In addition, there has been a delay in finalizing Agency reviews of 
the PK proposals. EPA intends to provide comments to all submitters of 
PK proposals as soon as possible but, at any event prior to the close 
of the comment period. EPA also recognizes that submitters may need to 
revise their proposals based on EPA comments. In addition, the Agency 
believes that the public should have adequate opportunity to comment on 
the development of ECAs based on the PK proposals. If the Agency finds 
the original or revised PK proposals acceptable, EPA will therefore 
announce, in the Federal Register, one or more public meetings to 
discuss the proposals and to negotiate ECAs based on the proposals. In 
that notice, the Agency will solicit persons interested in 
participating in or monitoring negotiations for the development of ECAs 
based on the revised PK testing proposals. These negotiations will be 
conducted under the process described in subpart B of 40 CFR part 790.
    The Agency emphasizes that the submission of proposals to develop 
ECAs to conduct alternative testing using PK is no guarantee that EPA 
and the submitters will, in fact, conclude such agreements. Therefore, 
EPA urges all submitters of PK proposals to comment on the HAPs 
proposed rule as an activity separate from the PK proposal/ECA process. 
Comments on the proposed rule should be submitted as described in the 
``ADDRESSES'' section of this document prior to the close of the 
comment period.
    Accordingly, EPA is extending the comment period on the proposed 
rule to June 30, 1997.

List of Subjects in 40 CFR Part 799

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

    Dated: March 24, 1997.

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

[FR Doc. 97-7815 Filed 3-27-97; 8:45 am]
BILLING CODE 6560-50-F