[Federal Register Volume 75, Number 101 (Wednesday, May 26, 2010)]
[Rules and Regulations]
[Pages 29429-29431]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-12596]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 9 and 721

[EPA-HQ-OPPT-2009-0668; FRL-8819-3]
RIN 2070-AB27


Revocation of Significant New Use Rule on a Certain Chemical 
Substance

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: Pursuant to 40 CFR 721.185, EPA is revoking a significant new 
use rule (SNUR) promulgated under section 5(a)(2) of the Toxic 
Substances Control Act (TSCA) for the chemical substance identified 
generically as polyalkyl phosphate, which was covered by premanufacture 
notice (PMN) P-95-1772. Based on the concern criteria in Sec.  
721.170(b), EPA issued a non-5(e) SNUR (i.e., a SNUR on a substance 
that is not subject to a TSCA section 5(e) consent order) designating 
certain activities as significant new uses. Subsequently, EPA received 
and reviewed new information and test data for the chemical substance. 
Based on the new information and test data, the Agency no longer finds 
that the activities not described in PMN P-95-1772 constitute 
significant new uses.

DATES: This final rule is effective July 26, 2010.

ADDRESSES: EPA has established a docket for this action under docket 
identification (ID) number EPA-HQ-OPPT-2009-0668. All documents in the 
docket are listed in the docket index available at http://www.regulations.gov. Although listed in the index, some information is 
not publicly available, e.g., Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. Certain 
other material, such as copyrighted material, is not placed on the 
Internet and will be publicly available only in hard copy form. 
Publicly available docket materials are available in the electronic 
docket at http://www.regulations.gov, or, if only available in hard 
copy, at the OPPT Docket. The OPPT Docket is located in the EPA Docket 
Center (EPA/DC) at Rm. 3334, EPA West Bldg., 1301 Constitution Ave., 
NW., Washington, DC. The EPA/DC Public Reading Room hours of operation 
are 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal 
holidays. The telephone number of the EPA/DC Public Reading Room is 
(202) 566-1744, and the telephone number for the OPPT Docket is (202) 
566-0280. Docket visitors are required to show photographic 
identification, pass through a metal detector, and sign the EPA visitor 
log. All visitor bags are processed through an X-ray machine and 
subject to search. Visitors will be provided an EPA/DC badge that must 
be visible at all times in the building and returned upon departure.

FOR FURTHER INFORMATION CONTACT: For technical information contact: 
Tracey Klosterman, Chemical Control Division (7405M), Office of 
Pollution Prevention and Toxics, Environmental Protection Agency, 1200 
Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number: 
(202) 564-2209; e-mail address: [email protected].
    For general information contact: The TSCA-Hotline, ABVI-Goodwill, 
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202) 
554-1404; e-mail address: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Does this Action Apply to Me?

    You may be potentially affected by this action if you manufacture, 
import, process, or use the chemical substance contained in this 
revocation. Potentially affected entities may include, but are not 
limited to:
     Manufacturers, importers, or processors of the subject 
chemical substance (NAICS codes 325 and 324110), e.g., chemical 
manufacturing and petroleum refineries.
    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 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 this action might apply to certain entities. To determine 
whether you or your business may be affected by this action, you should 
carefully examine the applicability provisions in Sec.  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.

[[Page 29430]]

II. Background

A. What Action is the Agency Taking?

    The Agency proposed revocation of this SNUR in the Federal Register 
of December 31, 2009 (74 FR 69320) (FRL-8796-6). The comment period for 
the proposed rule closed on February 1, 2010; EPA received no comments 
on the action.
    Based on the results of submitted biodegradation testing, EPA has 
determined that the substance is readily biodegradable, mitigating 
concerns for chronic toxicity to aquatic organisms. Therefore, EPA no 
longer finds that releases to water resulting in stream concentrations 
that exceed 1 parts per billion (ppb) may cause significant adverse 
environmental effects. Based on available information, the substance no 
longer meets the concern criteria at Sec.  721.170(b)(4)(ii). 
Therefore, EPA is revoking the SNUR for this chemical substance 
pursuant to Sec.  721.185(a)(4).

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 TSCA section 5(a)(2). Once 
EPA determines that a use of a chemical substance is a significant new 
use, TSCA section 5(a)(1)(B) requires persons to submit a significant 
new use notice (SNUN) to EPA at least 90 days before they manufacture, 
import, or process the chemical substance for that use. The mechanism 
for reporting under this requirement is established under Sec.  721.5.
    Upon conclusion of the review for PMN P-95-1772, based on the 
concern criteria in Sec.  721.170(b)(4)(ii), EPA determined that there 
was a concern for potential environmental effects of the substance and 
promulgated a non-5(e) SNUR for this chemical substance.
    Under Sec.  721.185, EPA may at any time revoke a SNUR for a 
chemical substance which has been added to subpart E of 40 CFR part 
721, if EPA makes one of the determinations set forth in Sec.  
721.185(a)(1) through (a)(6). Revocation may occur on EPA's initiative 
or in response to a written request. EPA has determined that the 
criteria set forth in Sec.  721.185(a)(4) have been satisfied for the 
chemical substance. Therefore, EPA is hereby 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 for any significant new uses. In 
addition, export notification under section 12(b) of TSCA triggered by 
this SNUR will no longer be required.

III. Statutory and Executive Order Reviews

    This rule revokes or eliminates an existing regulatory requirement 
and does not contain any new or amended requirements. As such, the 
Agency has determined that this SNUR revocation will not have any 
adverse impacts, economic or otherwise.
    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). This rule does not 
contain any information collections subject to approval under the 
Paperwork Reduction Act (PRA), (44 U.S.C. 3501 et seq.). Since this 
rule eliminates a reporting requirement, the Agency hereby certifies 
pursuant to section 605(b) of the Regulatory Flexibility Act (RFA) (5 
U.S.C. 601 et seq.), that this SNUR revocation will not have a 
significant economic impact on a substantial number of small entities.
    For the same reasons, this action does not require any action under 
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) (Public Law 
104-4). This rule has neither Federalism implications, because it 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, entitled Federalism (64 FR 
43255, August 10, 1999), nor tribal implications, because it will not 
have substantial direct effects on one or more Indian Tribes, on the 
relationship between the Federal Government and Indian Tribes, or on 
the distribution of power and responsibilities between the Federal 
Government and Indian Tribes, as specified in Executive Order 13175, 
entitled Consultation and Coordination with Indian Tribal Governments 
(65 FR 67249, November 9, 2000).
    This action is not subject to Executive Order 13045, entitled 
Protection of Children from Environmental Health Risks and Safety Risks 
(62 FR 19885, April 23, 1997), because this is not an economically 
significant regulatory action as defined by Executive Order 12866, and 
it does not address environmental health or safety risks 
disproportionately affecting children. It is not subject to Executive 
Order 13211, entitled Actions Concerning Regulations That Significantly 
Affect Energy Supply, Distribution, or Use (66 FR 28355, May 22, 2001), 
because this action is not expected to affect energy supply, 
distribution, or use. Because this action does not involve any 
technical standards, section 12(d) of the National Technology Transfer 
and Advancement Act of 1995 (NTTAA), Public Law 104-113, section 12(d) 
(15 U.S.C. 272 note), does not apply to this action. This action does 
not involve special considerations of environmental justice related 
issues 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).

IV. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report to each House of the Congress and 
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

40 CFR Part 9
    Environmental protection, Reporting and recordkeeping requirements.
40 CFR Part 721
    Environmental protection, Chemicals, Hazardous substances, 
Reporting and recordkeeping requirements.


    Dated: May 19, 2010.
Barbara A. Cunningham,
Acting Director, Office of Pollution Prevention and Toxics.

0
Therefore, 40 CFR parts 9 and 721 are amended as follows:

PART 9--[AMENDED]

0
1. The authority citation for part 9 continues to read as follows:

    Authority: 7 U.S.C. 135 et seq., 136-136y; 15 U.S.C. 2001, 2003, 
2005, 2006, 2601-2671; 21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33 
U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318, 1321, 1326, 1330, 
1342, 1344, 1345 (d) and (e), 1361; E.O. 11735, 38 FR 21243, 3 CFR, 
1971-1975 Comp. p. 973; 42 U.S.C. 241, 242b, 243, 246, 300f, 300g, 
300g-1, 300g-2, 300g-3, 300g-4, 300g-5, 300g-6, 300j-1, 300j-2, 
300j-3, 300j-4, 300j-9, 1857 et seq., 6901-6992k, 7401-7671q, 7542, 
9601-9657, 11023, 11048.


[[Page 29431]]



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2. The table in Sec.  9.1 is amended by removing under the undesignated 
center heading ``Significant New Uses of Chemical Substances'' Sec.  
721.5995.

PART 721--[AMENDED]

0
3. The authority citation for part 721 continues to read as follows:

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

Sec.  721.5995  [Removed]

0
4. Remove Sec.  721.5995.

[FR Doc. 2010-12596 Filed 5-25-10; 8:45 am]
BILLING CODE 6560-50-S