[Federal Register Volume 66, Number 238 (Tuesday, December 11, 2001)]
[Rules and Regulations]
[Pages 63941-63942]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-30594]



[[Page 63941]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 721

[OPPTS-50643A; FRL-6807-3]
RIN 2070-AB27


Revocation of Significant New Uses of Certain Chemical Substances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is revoking significant new use rules (SNURs) for 2 
substances promulgated under section 5(a)(2) of the Toxic Substances 
Control Act (TSCA) based on new data. Based on the new data the Agency 
no longer finds that activities not described in the corresponding TSCA 
section 5(e) consent orders for these chemical substances may result in 
significant changes in human or environmental exposure.

DATES: This rule is effective February 11, 2002.

FOR FURTHER INFORMATION CONTACT: For general information contact: 
Barbara Cunningham, Director, Office of Program Management and 
Evaluation, Office of Pollution Prevention and Toxics (7401), 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460; telephone number: (202) 554-1404; e-mail address: 
[email protected].
    For technical information contact: James Alwood, Chemical Control 
Division, Office of Pollution Prevention and Toxics (7405M), 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460; telephone number: (202) 564-8974; e-mail address: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you manufacture, 
import, process, or use the chemical substances contained in this 
revocation. Potentially affected categories and entities may include, 
but are not limited to:

------------------------------------------------------------------------
                                                          Examples of
           Categories                 NAICS codes         potentially
                                                       affected entities
------------------------------------------------------------------------
Chemical manufacturers            325                 Manufacturers,
                                                       importers,
                                                       processors, and
                                                       users of
                                                       chemicals
Petroleum and coal product        324                 Manufacturers,
 industries                                            importers,
                                                       processors, and
                                                       users of
                                                       chemicals
------------------------------------------------------------------------

    This listing is not intended to be exhaustive, but rather provides 
a guide for readers regarding entities likely to be affected by this 
action. Other types of entities not listed in the table in this unit 
could also be affected. The North American Industrial Classification 
System (NAICS) codes have been provided to assist you and others in 
determining whether or not this action applies to certain entities. To 
determine whether you or your business is affected by this action, you 
should carefully examine the applicability provisions in title 40 of 
the Code of Federal Regulations (CFR) at 40 CFR 721.5. If you have any 
questions regarding the applicability of this action to a particular 
entity, consult the technical person listed under FOR FURTHER 
INFORMATION CONTACT.

B. How Can I Get Additional Information, Including Copies of this 
Document and Other Related Documents?

    1. Electronically. You may obtain electronic copies of this 
document, and certain other related documents that might be available 
electronically, from the EPA Internet Home Page at http://www.epa.gov/. 
To access this document, on the Home Page select ``Laws and 
Regulations,'' ``Regulations and Proposed Rules,'' and then look up the 
entry for this document under the ``Federal Register--Environmental 
Documents.'' You can also go directly to the Federal Register listings 
at http://www.epa.gov/fedrgstr/. A frequently updated electronic 
version of 40 CFR part 721 is available at http://www.access.gpo.gov/nara/cfr/cfrhtml_00/Title_40/40cfr721_00.html, a beta site currently 
under development.
    2. In person. The Agency has established an official record for 
this action under docket control number OPPTS-50643A. The official 
record consists of the documents specifically referenced in this 
action, any public comments received during an applicable comment 
period, and other information related to this action, including any 
information claimed as Confidential Business Information (CBI). This 
official record includes the documents that are physically located in 
the docket, as well as the documents that are referenced in those 
documents. The public version of the official record does not include 
any information claimed as CBI. The public version of the official 
record, which includes printed, paper versions of any electronic 
comments submitted during an applicable comment period, is available 
for inspection in the TSCA Nonconfidential Information Center, North 
East Mall Rm. B-607, Waterside Mall, 401 M St., SW., Washington, DC. 
The Center is open from noon to 4 p.m., Monday through Friday, 
excluding legal holidays. The telephone number for the Center is (202) 
260-7099.

II. Background

A. What Action is the Agency Taking?

    The Agency proposed the revocation of these SNURs in the Federal 
Register of August 16, 2001 (66 FR 42976) (FRL-6763-3). The background 
and reasons for the revocation of each individual SNUR are set forth in 
the preamble to the proposed revocation. The comment period closed on 
September 17, 2001. EPA received one comment supporting the revocation 
of the SNURs. Therefore, EPA is revoking these rules.

B. What is the Agency's Authority for Taking this Action?

    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) of TSCA. 
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 
substance for that use. The mechanism for reporting under this 
requirement is established under 40 CFR 721.5.
    During review of the PMNs submitted for the chemical substances 
that are the subject of this revocation, EPA concluded that regulation 
was

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warranted based on available information that indicated activities not 
described in the TSCA section 5(e) consent order or the PMN might 
result in significant changes in human or environmental exposure as 
described in section 5(a)(2) of TSCA. Based on these findings, SNURs 
were promulgated.
    EPA has revoked the TSCA section 5(e) consent orders that are the 
basis for these SNURs and no longer finds that activities other than 
those described in the TSCA section 5(e) consent orders may result in 
significant changes in human or environmental exposure. The revocation 
of SNUR provisions for these substances is consistent with the findings 
set forth in the preamble to the proposed revocation of each individual 
SNUR.
    Therefore, EPA is revoking the SNUR provisions for these chemical 
substances and will no longer require notice of intent to manufacture, 
import, or process these substances. In addition, export notification 
under section 12(b) of TSCA will no longer be required.

III. Regulatory Assessment Requirements

    This 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 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).
    On August 4, 1999, President Clinton issued a new executive order 
on Federalism, Executive Order 13132 (64 FR 43255, August 10, 1999). 
This rule will not have a substantial direct effect on States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government, as specified in Executive Order 13132.
    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.
    This rule is not subject to Executive Order 13211, ``Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use'' (66 FR 28355, May 22, 2001) because it is not a 
significant regulatory action under Executive Order 12866.

IV. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the Agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit 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 United States prior 
to publication of the rule in the Federal Register. This rule 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: December 3, 2001.
William H. Sanders, III
Office Director, 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).


Secs. 721.3460 and 721.6820  [Removed]

    2. By removing Secs. 721.3460 and 721.6820.

[FR Doc. 01-30594 Filed 12-10-01; 8:45 am]
BILLING CODE 6560-50-S