[Federal Register Volume 62, Number 104 (Friday, May 30, 1997)]
[Proposed Rules]
[Pages 29318-29319]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-14199]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 799

[OPPTS-42187H; FRL-5722-1]
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 June 30, 1997, 
to August 15, 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 March 28, 1997, EPA extended the public 
comment period from March 30, 1997, to June 30, 1997 (62 FR 14850)(FRL-
5598-4).

DATES: Written comments on the proposed rule must be received by EPA on 
or before August 15, 1997.


[[Page 29319]]


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.
    Comments and data may also be submitted electronically by following 
the instructions under Unit II. of this document. No Confidential 
Business Information (CBI) should be submitted through e-mail.

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:

I. Background

    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 
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 (FRL-5592-1); 62 FR 14850, March 28, 1997 
(FRL-5598-4)) 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 as soon as possible but in any event no later than 
July 15, 1997.
    EPA analysis of the PK proposals continue. The Agency 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. The procedures for ECA negotiations are described at 
40 CFR 790.22(b).
    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.

II. Public Record

    The official record for this rulemaking, as well as the public 
version, has been established for this rulemaking under document 
control number [OPPTS-42187A; FRL-4869-1] (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, excluding 
legal holidays. The official rulemaking record is located at the 
address in ``ADDRESSES'' at the beginning of this document.
    Electronic comments can be sent directly to EPA at:

    [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 in 5.1 file format or 
ASCII file format. All comments and data in electronic form must be 
identified by the document control number [OPPTS-42187A; FRL-4869-1]. 
Electronic comments on this proposed rule may be filed online at many 
Federal Depository Libraries.

List of Subjects in 40 CFR Part 799

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

    Dated: May 27, 1997.

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

    Accordingly, EPA is extending the comment period on the proposed 
rule to August 15, 1997.

[FR Doc. 97-14199 Filed 5-29-97; 8:45 am]
BILLING CODE 6560-50-F