[Federal Register Volume 62, Number 123 (Thursday, June 26, 1997)]
[Proposed Rules]
[Pages 34427-34429]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-16760]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 721

[OPPTS-50622C; FRL-5723-6]
RIN 2070-AB27


Substituted Phenol; Proposed Significant New Use Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing a significant new use rule (SNUR) under 
section 5(a)(2) of the Toxic Substances Control Act (TSCA) for the 
chemical substance described as substituted phenol which is the subject 
of several premanufacture notices (PMN) P-89-1125, P-91-87, P-92-41, P-
92-511, P-94-1527, and P-94-1755. This proposal would require certain 
persons who intend to manufacture, import, or process this substance 
for a significant new use to notify EPA at least 90 days before 
commencing any manufacturing, importing, or processing activities for a 
use designated by this SNUR as a significant new use. The required 
notice would provide EPA with the opportunity to evaluate the intended 
use and, if necessary, to prohibit or limit that activity before it can 
occur.

DATES: Written comments must be received by EPA by July 28, 1997.

ADDRESSES: Each comment must bear the docket control number OPPTS-
50622C. All comments should be sent in triplicate to: OPPT Document 
Control Officer (7407), Office of Pollution Prevention and Toxics, 
Environmental Protection Agency, Rm. ET-G099, 401 M St., SW., 
Washington, DC 20460.
    Comments and data may also be submitted electronically by following 
the instructions under Unit VIII of this document. No confidential 
business information (CBI) should be submitted through e-mail.
    All comments which are claimed confidential must be clearly marked 
as such. Three additional sanitized copies of any comments containing 
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. See Unit VII for further information.

FOR FURTHER INFORMATION CONTACT: Susan Hazen, Director, Environmental 
Assistance Division (7408), Office of Pollution Prevention and Toxics, 
Environmental Protection Agency, Rm. E-543B, 401 M St., SW., 
Washington, DC 20460, Telephone: (202) 554-1404, TDD: (202) 554-0551.
SUPPLEMENTARY INFORMATION: This proposed SNUR would require persons to 
notify EPA at least 90 days before commencing the manufacture, import, 
or processing of substituted phenol for the significant new uses 
designated herein. The required notice would provide EPA with 
information with which to evaluate an intended use and associated 
activities.

I. Authority

    Section 5(a)(2) of TSCA (15 U.S.C. 2604(a)(2)) authorizes EPA to 
determine that a use of a chemical substance is a ``significant new 
use.'' EPA must make this determination by rule after considering all 
relevant factors, including those listed in section 5(a)(2). Once EPA 
determines that a use of a chemical substance is a significant new use, 
section 5(a)(1)(B) of TSCA requires persons to submit a notice to EPA 
at least 90 days before they manufacture, import, or process the 
chemical substance for that use. Section 26(c) of TSCA authorizes EPA 
to take action under section 5(a)(2) with respect to a category of 
chemical substances.
    Persons subject to this SNUR would comply with the same notice 
requirements and EPA regulatory procedures as submitters of 
premanufacture notices under section 5(a)(1) of TSCA. In particular, 
these requirements include the information submission requirements of 
section 5(b) and (d)(1), the exemptions authorized by section 5(h)(1), 
(h)(2), (h)(3), and (h)(5), and the regulations at 40 CFR part 720. 
Once EPA receives a SNUR notice, EPA may take regulatory action under 
section 5(e), 5(f), 6, or 7 to control the activities for which it has 
received a SNUR notice. If EPA does not take action, section 5(g) of 
TSCA requires EPA to explain in the Federal Register its reasons for 
not taking action.
    Persons who intend to export a substance identified in a proposed 
or final SNUR are subject to the export notification provisions of TSCA 
section 12(b). The regulations that interpret section 12(b) appear at 
40 CFR part 707.

II. Applicability of General Provisions

    General regulatory provisions applicable to SNURs are codified at 
40 CFR part 721, subpart A. On July 27, 1988 (53 FR 28354) and July 27, 
1989 (54 FR 31298), EPA promulgated amendments to the general 
provisions which apply to this SNUR. In the Federal Register of August 
17, 1988 (53 FR 31252), EPA promulgated a ``User Fee Rule'' (40 CFR 
part 700) under the authority of TSCA section 26(b). Provisions 
requiring persons submitting SNUR notices to submit certain fees to EPA 
are discussed in detail in that Federal Register document. Interested 
persons should refer to these documents for further information.

III. Background

    EPA published a direct final SNUR for the chemical substance, which 
was the subject of PMNs P-89-1125, P-91-87, P-92-41, P-92-511, P-94-
1527, and P-94-1755 in the Federal Register of August 30, 1995 (60 FR 
45072) (FRL-4926-2). EPA received notice of intent to submit adverse 
comments following publication for this chemical substance. Therefore, 
as required by Sec. 721.160, the final SNUR for this substance is being 
withdrawn elsewhere in this issue of the Federal Register and this 
proposed rule on the substance is being issued.

IV. Substance Subject to This Rule

    EPA is proposing significant new use and recordkeeping requirements 
for the following chemical substance under 40 CFR part 721, subpart E.

PMN Numbers P-89-1125, P-91-87, P-92-41, P-92-511, P-94-1527, and P-94-
1755

Chemical name: Substituted phenol.
CAS number: Not available.
Basis of action: The PMN substance has been the subject of six 
different PMN notices. Based on test data on the PMN

[[Page 34428]]

substance and by analogy to phenols. EPA is concerned that toxicity to 
aquatic organisms may occur at concentrations as low as 1 parts per 
billion (ppb) of the PMN substance in surface waters. EPA determined 
that use of the substance as described in several of the PMNs did not 
present an unreasonable risk because the substance did not exceed a 
concentration of 1 ppb when released to surface waters. The only PMN 
where releases over 1 ppb were expected has been withdrawn. EPA has 
determined that other uses and increased production volume may result 
in relases to surface waters above 1 ppb. Based on this information, 
the PMN substance meets the concern criteria at Sec. 721.170(b)(4)(i).
Recommended testing: EPA has determined that an algal acute toxicity 
study (40 CFR 797.1050), a chronic 60-day fish early life stage 
toxicity test in rainbow trout (40 CFR 797.1600), and a 21-day daphnid 
chronic toxicity test (40 CFR 797.1330) would help characterize the 
environmental effects of the PMN substance.
CFR citation: 40 CFR 721.5867.

V. Applicability of SNUR to Uses Occurring Before Effective Date of 
the Final SNUR

    EPA has decided that the intent of section 5(a)(1)(B) is best 
served by designating a use as a significant new use as of the date of 
proposal rather than as of the effective date of the rule. Because this 
SNUR was first published on August 30, 1995, as a direct final rule, 
that date will serve as the date after which uses would be considered 
to be new uses. If uses which had commenced between that date and the 
effective date of this rulemaking were considered ongoing, rather than 
new, any person could defeat the SNUR by initiating a significant new 
use before the effective date. This would make it difficult for EPA to 
establish SNUR notice requirements. Thus, persons who begin commercial 
manufacture, import, or processing of the substance for uses that would 
be regulated through this SNUR after March 1, 1995, would have to cease 
any such activity before the effective date of this rule. To resume 
their activities, such persons would have to comply with all applicable 
SNUR notice requirements and wait until the notice review period, 
including all extensions, expires. EPA, not wishing to unnecessarily 
disrupt the activities of persons who begin commercial manufacture, 
import, or processing for a proposed significant new use before the 
effective date of the SNUR, has promulgated provisions to allow such 
persons to comply with this proposed SNUR before it is promulgated. If 
a person were to meet the conditions of advance compliance as codified 
at Sec. 721.45(h) (53 FR 28354, July 17, 1988), the person would be 
considered to have met the requirements of the final SNUR for those 
activities. If persons who begin commercial manufacture, import, or 
processing of the substance between proposal and the effective date of 
the SNUR do not meet the conditions of advance compliance, they must 
cease that activity before the effective date of the rule. To resume 
their activities, these persons would have to comply with all 
applicable SNUR notice requirements and wait until the notice review 
period, including all extensions, expires.

VI. Economic Analysis

    EPA has evaluated the potential costs of establishing significant 
new use notice requirements for potential manufacturers, importers, and 
processors of the chemical substance at the time of the direct final 
rule. The analysis is unchanged for the substance in this proposed 
rule. The Agency's complete economic analysis is available in the 
public record for this proposed rule (OPPTS-50622C).

VII. Comments Containing Confidential Business Information

    Any person who submits comments containing information claimed as 
confidential business information 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 without further notice to the submitter. Any 
comments marked as confidential will be treated in accordance with the 
procedures in 40 CFR part 2. Any party submitting comments claimed to 
be confidential must prepare and submit a nonconfidential public 
version in triplicate of the comments that EPA can place in the public 
file.

VIII. Rulemaking Record

     The official record for this rulemaking, as well as the public 
version, has been established for this rulemaking under docket number 
OPPTS-50622C (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 confidential business information (CBI), is 
available for inspection from 12 noon to 4 p.m., Monday through Friday, 
excluding legal holidays. The official rulemaking record is located in 
the TSCA Nonconfidential Information Center, Rm. NE-B607, 401 M St., 
SW., Washington, DC.
    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 docket number OPPTS-50622C. Electronic comments on 
this proposed rule may be filed online at many Federal Depository 
Libraries.

IX. Regulatory Assessment Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' subject to review by 
the Office of Management and Budget (OMB). In addition, this action 
does not impose any enforceable duty or contain any unfunded mandate as 
described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4), 
or require prior consultation with State officials as specified by 
Executive Order 12875 (58 FR 58093, October 28, 1993), or involve 
special considerations of environmental justice related issues as 
required by Executive Order 12898 (59 FR 7629, February 16, 1994).
    An agency may not conduct or sponsor, and a person is not required 
to respond to, an information collection request unless it displays a 
currently valid OMB control number. The information collection 
requirements related to this action have already been approved by OMB 
pursuant to the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et seq., 
under OMB control number 2070-0012 (EPA ICR No. 574). This action does 
not impose any burdens requiring additional OMB approval. The public 
reporting burden for this collection of information is estimated to 
average 100 hours per response. The burden estimate includes the time 
needed to review instructions, search existing data sources, gather and 
maintain the data needed, and complete and review the collection of 
information.
    In addition, pursuant to section 605(b) of the Regulatory 
Flexibility Act (RFA) (5 U.S.C. 601 et seq.), the Agency has determined 
that the promulgation of a SNUR does not have a significant adverse 
economic impact on a substantial number of small entities.

[[Page 34429]]

The Agency's generic certification for promulgation of new SNURs 
appears on June 2, 1997 (62 FR 29684) (FRL-5597-1), and was provided to 
the Chief Counsel for Advocacy of the Small Business Administration.

X. Submission to Congress and the General Accounting Office

    Under 5 U.S.C. 801(a)(1)(A), as added by the Small Business 
Regulatory Enforcement Fairness Act of 1996, the Agency has submitted a 
report containing this rule and other required information to the U.S. 
Senate, the U.S. House of Representatives, and the Comptroller General 
of the General Accounting Office prior to publication of this rule in 
today's Federal Register. This is not a major rule as defined by 5 
U.S.C. 804(2).

List of Subjects in 40 CFR Part 721

    Environmental protection, Chemicals, Hazardous materials, 
Recordkeeping and reporting requirements.

    Dated: June 18, 1997.

Ward Penberthy,

Acting 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).

    2. By adding new Sec. 721.5867 to read as follows:


Sec. 721.5867   Substituted phenol.

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance generically identified as 
substituted phenol (PMNs P-89-1125, P-91-87, P-92-41, P-92-511, P-94-
1527, and P-94-1755) is subject to reporting under this section for the 
significant new uses described in paragraph (a)(2) of this section.
    (2) The significant new uses are:
    (i) Release to water. Requirements as specified in Sec. 721.90 
(a)(4), (b)(4), and (c)(4)(where n = 1).
    (ii) [Reserved]
    (b) Specific requirements. The provisions of subpart A of this part 
apply to this section except as modified by this paragraph.
    (1) Recordkeeping. Recordkeeping requirements as specified in 
Sec. 721.125 (a), (b), (c), and (k) are applicable to manufacturers, 
importers, and processors of this substance.
    (2) Limitations or revocation of certain notification requirements. 
The provisions of Sec. 721.185 apply to this section.

[FR Doc. 97-16760 Filed 6-25-97; 8:45 am]
BILLING CODE 6560-50-F