[Federal Register Volume 62, Number 153 (Friday, August 8, 1997)]
[Rules and Regulations]
[Pages 42690-42692]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-20980]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 721

[OPPTS-50626A; FRL-5735-4]
RIN 2070-AB27


Modification of Significant New Use Rules for Certain Substances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is modifying significant new use rules (SNURs) for five 
substances promulgated under section 5(a)(2) of the Toxic Substances 
Control Act (TSCA) for certain chemical substances based on new data. 
Based on the data the Agency determined that the SNURs should be 
modified.
DATES: This rule is effective September 8, 1997.

FOR FURTHER INFORMATION CONTACT: Susan B. 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)

[[Page 42691]]

554-1404, TDD: (202) 554-0551; e-mail: TSCA-H[email protected].

SUPPLEMENTARY INFORMATION: In the Federal Register of June 2, 1997 (62 
FR 29684) (FRL-5597-1), EPA proposed a modification to the SNURS for 
six chemical substances based on additional data received for those 
substances. The Agency is issuing the modification for five of these 
substances. EPA will issue a modification for the remaining substance 
after it reviews and responds to the comments received for its proposed 
modification.

I. Background

    The Agency proposed the modification of the SNURs for these 
substances in the Federal Register of June 2, 1997 (62 FR 29684) (FRL-
5597-1). The background and reasons for the modification of the SNURs 
are set forth in the preamble to the proposed modifications. The Agency 
received no public comment concerning the proposed modification for 
these five substances. As a result, EPA is modifying these SNURs.

II. Rationale for Modification of the Rules

    During review of the PMNs submitted for the chemical substances 
that are the subject of these modifications, EPA concluded that 
regulation was warranted based on the fact that activities not 
described in the section 5(e) consent order or the PMN may result in 
significant changes in human or environmental exposure. The basis for 
such findings is in the rulemaking records referenced in Unit III of 
this preamble. Based on these findings, a section 5(e) consent order 
was negotiated with the PMN submitter and/or a SNUR was promulgated.
    In light of the modification to a consent order, the data submitted 
in a PMN, or the data submitted in a SNUN, the Agency has determined 
that modifying these SNURs would not result in significant changes in 
human or environmental exposure. The modification of SNUR provisions 
for these substances designated herein is consistent with the 
provisions of the section 5(e) consent order or data submitted in the 
PMN/SNUN.

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-50626A (including comments and data submitted electronically). 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 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).
    Pursuant to section 605(b) of the Regulatory Flexibility Act (RFA) 
(5 U.S.C. 601 et seq.), the Agency hereby certifies that any 
promulgation of a SNUR, including this final rule, will not have a 
significant adverse economic impact on a substantial number of small 
entities. Because this certification is applicable to all SNURs, it 
will also serve as the generic certification for the promulgation of 
any SNUR and EPA will incorporate it by reference in future individual 
SNUR actions. In addition, this certification and rationale will be 
provided to the Chief Counsel for Advocacy of the Small Business 
Administration.
    This certification is based on the following rationale. A SNUR 
applies to any person (including small or large entities) who intends 
to engage in any activity described in the rule as a ``significant new 
use.'' By definition of the word ``new,'' and based on all information 
currently available to EPA, it appears that no small or large entities 
presently engage in such activity. Since a SNUR only requires that any 
person who intends to engage in such activity in the future must first 
notify EPA (by submitting a Significant New Use Notice (SNUN)), no 
economic impact will even occur until someone decides to engage in 
those activities. Although some small entities may decide to conduct 
such activities in the future, EPA cannot presently determine how many, 
if any, there may be. However, EPA's experience to date is that, in 
response to the promulgation of over 530 SNURs, the Agency has received 
fewer than 15 SNUNs. Of those SNUNs submitted, none appear to be from 
small entities. In fact, EPA expects to receive few, if any, SNUNs from 
either large or small entities in response to any SNUR. Therefore, EPA 
believes that the economic impact of complying with a SNUR is not 
expected to be significant, or adversely impact a substantial number of 
small entities.
    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.

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: August 1, 1997.

Ward Penberthy,

Acting Director, Chemical Control Division, Office of Pollution 
Prevention and Toxics.

    Therefore, 40 CFR part 721 is amended as follows:

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).


[[Page 42692]]


    2. Section 721.3764 is revised to read as follows:


Sec. 721.3764   Fluorene substituted aromatic amine.

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified generically as a 
fluorene substituted aromatic amine (PMN P-91-43) 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) Protection in the workplace. Requirements as specified in 
Sec. 721.63 (a)(1), (a)(2)(iii), (a)(3), (a)(4), (a)(5)(iii), 
(a)(5)(iv), (a)(5)(v), (a)(5)(vi), (a)(6)(i), (b) (concentration set at 
1.0 percent), and (c). However, these requirements do not apply after 
the PMN substance is adhered onto film or incorporated into prepreg 
form (resin impregnated substrate).
    (ii) Hazard communication program. Requirements as specified in 
Sec. 721.72 (a), (b), (c), (d), (e) (concentration set at 1.0 percent), 
(f), (g)(1)(iv), (g)(2)(i), (g)(2)(ii), (g)(2)(iii), (g)(2)(iv), 
(g)(2)(v), (g)(3)(i), (g)(3)(ii), (g)(4)(iii), and (g)(5) during 
manufacture.
    (iii) Industrial, commercial, and consumer activities. Requirements 
as specified in Sec. 721.80(l).
    (iv) Release to water. Requirements as specified in Sec. 721.90 
(a)(1), (b)(1), and (c)(1).
    (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) through (i) 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.
    3. Section 721.5225 is amended by revising paragraph (a)(2)(v) to 
read as follows:


Sec. 721.5225   Naphthalene, 1,2,3,4-tetrahycro(1-phenylethyl) 
(specific name).

    (a) Chemical substance and significant new uses subject to 
reporting. *  *  *
    (2) *  *  *
    (v) Release to water. Requirements as specified in Sec. 721.90 
(a)(4), (b)(4), and (c)(4) (where n = 1).
*    *    *    *    *
    4. Section 721.7046 is amended by revising paragraph (a)(1) to read 
as follows:


Sec. 721.7046   Formaldehyde, polymer with substituted phenols, 
glycidyl ether.

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified as formaldehyde, 
polymer with substituted phenols, glycidyl ether (PMN P-93-955) is 
subject to reporting under this section for the significant new uses 
described in paragraph (a)(2) of this section. The requirements of this 
section do not apply once the substance is a component of a highly 
densified tablet formulation of an epoxy molding compound.
*    *    *    *    *
    5. Section 721.7210 is amended by revising paragraph (a)(1) to read 
as follows:


Sec. 721.7210   Epoxidized copolymer of phenol and substituted phenol.

    (a) Chemical substance and significant new uses subject to 
reporting. (1) The chemical substance identified as epoxidized 
copolymer of phenol and substituted phenol (PMN P-91-598) is subject to 
reporting under this section for the significant new uses described in 
paragraph (a)(2) of this section. The requirements of this section do 
not apply once the substance is a component of a highly densified 
tablet formulation of an epoxy molding compound.
*    *    *    *    *
    6. Section 721.8350 is amended by adding paragraph (a)(2)(iv) to 
read as follows:


Sec. 721.8350   2-Propenoic acid, 7-oxabicyclo[4.1.0]hept-3-ylmethyl 
ester.

    (a) Chemical substance and significant new uses subject to 
reporting. *  *  *
    (2) *  *  *
    (iv) Release to water. Requirements as specified in Sec. 721.90 
(a)(1), (b)(1), and (c)(1).
*    *    *    *    *

[FR Doc. 97-20980 Filed 8-7-97; 8:45 am]
BILLING CODE 6560-50-F