[Federal Register Volume 76, Number 219 (Monday, November 14, 2011)]
[Notices]
[Pages 70443-70444]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-29301]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2011-0793; FRL-9327-4]


Decision on Waiver Application From 3M

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA conditionally granted the request from 3M for a waiver 
from testing tetrabromobisphenol A (CASRN 79-94-7). Regulations issued 
by EPA under section 4 of the Toxic Substances Control Act require that 
specified chemical substances be tested to determine if they are 
contaminated with halogenated dibenzo-p-dioxins (HDDs) or halogenated 
dibenzofurans (HDFs), and that results be reported to EPA. However, the 
regulations allow for exclusion and waiver from these requirements if 
an appropriate application is submitted to EPA and is approved. EPA 
received such a request for a waiver from these testing requirements 
from 3M.

DATES: EPA conditionally granted the 3M waiver on November 7, 2011.

FOR FURTHER INFORMATION CONTACT: For technical information contact: 
Rebecca Edelstein, National Program Chemicals Division, Office 
Pollution Prevention and Toxics (7404T), Environmental Protection 
Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; 
telephone number: (202) 564-8566; Email address: 
[email protected].
    For general information contact: The TSCA-Hotline, ABVI-Goodwill, 
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202) 
554-1404; email address: [email protected].

SUPPLEMENTARY INFORMATION: 

I. General Information

A. Does this action apply to me?

    This action is directed to the public in general. As such, the 
Agency has not attempted to describe the specific entities that this 
action may apply to. Although others may be affected, this action 
applies directly to the submitter of the request for waiver, 3M. 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 copies of this document and other related information?

    EPA has established a docket for this action under docket 
identification (ID) number EPA-HQ-OPPT-2011-0793. 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, will be publicly 
available only in hard copy. Publicly available docket materials are 
available electronically 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.

II. What action is the agency taking?

    This notice announces the conditional granting of the request from 
3M for a waiver from testing under 40 CFR 766.32(a)(2)(i) for 
tetrabromobisphenol A (CASRN 79-94-7). This waiver is conditional on 3M 
manufacturing (including importing) no more than 100 kilograms (kg) of 
the chemical substance per year, and on its doing so solely for 
research and development purposes.

III. What is the agency's authority for taking this action?

    Under 40 CFR part 766, EPA requires testing of certain chemical 
substances to determine whether they may be contaminated with HDDs and 
HDFs. Under 40 CFR 766.32(a)(2)(i), a waiver may be granted if a 
responsible company official certifies that the chemical substance is 
produced only in quantities of 100 kg or less per year, and only for 
research and development purposes.
    Under 40 CFR 766.32(b), a request for a waiver must be made 60 days 
before resumption of manufacture or importation of a chemical substance 
not being manufactured, imported, or processed as of June 5, 1987.
    On September 14, 2011, EPA received a waiver request from 3M under 
40 CFR 766.32(a)(2)(i). EPA announced receipt of the 3M waiver request 
and requested public comment in the Federal Register issue of September 
27, 2011 (76 FR 59699)
    (FRL-8890-4). The waiver request from 3M indicates that 3M intends 
to import less than 100 kg of tetrabromobisphenol A (CASRN 79-94-7), a 
chemical substance subject to testing under 40 CFR part 766, as part of 
an experimental formulation for research and development purposes. In a 
subsequent email message, dated September 27, 2011, 3M confirmed that 
the chemical substance will solely be used for research and development 
purposes.
    EPA has determined that 3M qualifies for a research and development 
waiver from testing for tetrabromobisphenol A, conditional on 3M 
manufacturing (including importing) no more than 100

[[Page 70444]]

kg of the chemical substance per year, and on its doing so solely for 
research and development purposes.
    EPA received an anonymous comment on 3M's waiver request stating 
that EPA should deny the waiver request; however, the commenter did not 
provide any rationale for why EPA should deny 3M's request.

List of Subjects

    Environmental protection, Dibenzofurans, Dioxins, Hazardous 
substances, Tetrabromobisphenol A.

    Dated: November 7, 2011.
Wendy C. Hamnett,
Director, Office of Pollution Prevention and Toxics.
[FR Doc. 2011-29301 Filed 11-10-11; 8:45 am]
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