[Federal Register Volume 63, Number 46 (Tuesday, March 10, 1998)]
[Rules and Regulations]
[Pages 11608-11609]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-6101]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 721

[OPPTS-50601I; FRL-5775-2]
RIN 2070-AB27


Ethane, 1,1,1,2,2-pentafluoro-; Revocation of 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 
ethane, 1,1,1,2,2-pentafluoro- based on the receipt of new data. Based 
on the data, the Agency no longer finds that activities not described 
in the

[[Page 11609]]

corresponding TSCA section 5(e) consent order may result in significant 
changes in human exposure.

DATES: This rule is effective April 9, 1998.
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:
    Electronic Availability: Electronic copies of this document are 
available from the EPA Home Page at the Federal Register-Environmental 
Documents entry for this document under ``Laws and Regulations'' 
(http://www.epa.gov/fedrgstr/).
    In the Federal Register of September 23, 1992 (57 FR 44064) EPA 
issued a SNUR (OPPTS-50601) establishing significant new uses for 
ethane, 1,1,1,2,2-pentafluoro-. Because of additional data EPA has 
received for this substance, EPA is revoking this SNUR.

I. Background

    The Agency proposed the revocation of this SNUR in the Federal 
Register of December 13, 1995 (61 FR 64009) (FRL-4976-3). The 
background and reasons for the revocation of the SNUR is set forth in 
the preamble to the proposed revocation. The Agency received no 
comments concerning the proposed revocation. Therefore, EPA is revoking 
this rule.

II. 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 available information that indicated activities not 
described in the TSCA section 5(e) consent order might result in 
significant changes in human exposure. Based on these findings, a SNUR 
was promulgated.
    EPA has revoked the TSCA section 5(e) consent order that was the 
basis for this SNUR and no longer finds that activities other than 
those described in the TSCA section 5(e) consent order may result in 
significant changes in human exposure. The revocation of SNUR 
provisions for this substance is consistent with the proposed 
revocation of the TSCA section 5(e) consent order.
    Therefore, EPA is revoking the SNUR provisions for this chemical 
substance. When this revocation becomes final, EPA will no longer 
require notice of intent to manufacture, import, or process this 
substance. In addition, export notification under section 12(b) of TSCA 
will no longer be required.

III. Public Record

    The official record for this rulemaking, as well as the public 
version, has been established for this rulemaking under docket control 
number OPPTS-50601I (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

    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) or require OMB review in accordance with Executive Order 13045, 
entitled ``Protection of Children from Environmental Health Risks and 
Safety Risks'' (62 FR 19885, April 23, 1997).
    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 on June 2, 1997 (62 FR 
29684) (FRL-5597-1), 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 substances, 
Reporting and recordkeeping requirements.

    Dated: February 27, 1998.

Charles M. Auer,

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).

Sec. 721.3240   [Removed]

    2. By removing Sec. 721.3240.

[FR Doc. 98-6101 Filed 3-9-98; 8:45 am]
BILLING CODE 6560-50-F