[Federal Register Volume 62, Number 127 (Wednesday, July 2, 1997)]
[Rules and Regulations]
[Pages 35691-35692]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-17179]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 721

[OPPTS-50622D; FRL-5715-2]
RIN 2070-AB27


Aliphatic Ester; Revocation of a Significant New Use Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is revoking 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: This rule is effective August 1, 1997.
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-4629-2) 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. Background

    The Agency proposed the revocation of the SNUR for this substance 
in the Federal Register of February 4, 1997 (62 FR 5196)(FRL-5580-7). 
The background and reasons for the revocation of the SNUR are set forth 
in the preamble to the proposed revocation. The Agency received no 
public comment concerning the proposed revocation. As a result, EPA is 
revoking this SNUR.

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 proposed 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.

III. Rulemaking Record

    The official record for this rulemaking, as well as the public 
version, has been established for this rulemaking under docket number 
OPPTS-50622D (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.

IV. Regulatory Assessment

     This final rule revokes or eliminates an existing regulatory 
requirement and does not contain any new or amended requirements. As 
such, the Office of Management and Budget (OMB) has exempted these 
types of actions from review under Executive Order 12866, entitled 
Regulatory Planning and Review (58 FR 51735, October 4, 1993). Since 
this final rule does not impose any requirements, it does not contain 
any information collections subject to approval under the Paperwork 
Reduction Act (PRA), 44 U.S.C. 3501 et seq., or require any other 
action under Title II of the Unfunded Mandates Reform Act of 1995 
(UMRA) (Pub. L. 104-4). Nor does it require any prior consultation as 
specified by Executive Order 12875, entitled Enhancing the 
Intergovernmental Partnership (58 FR 58093, October 28, 1993), or 
special considerations as required by Executive Order 12898, entitled 
Federal Actions to Address Environmental Justice in Minority 
Populations and Low-Income Populations (59 FR 7629, February 16, 1994).
     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 SNUR revocations, which eliminate requirements without imposing 
any new ones, have no adverse economic impacts. The Agency's generic 
certification for SNUR revocations appears at 62 FR 29688 (June 2, 
1997), and was provided to the Chief Counsel for Advocacy of the Small 
Business Administration.

V. 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 24, 1997.

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

    Therefore, 40 CFR part 721 is amended as follows:

[[Page 35692]]

PART 721--[AMENDED]

    1. The authority citation for part 721 continues to read as 
follows:

    Authority: 15 U.S.C. 2604, 2607, and 2625(c).

Sec. 721.2815  [Removed]

    2. Section 721.2815 is removed.
[FR Doc. 97-17179 Filed 7-1-97; 8:45 am]
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