[Federal Register Volume 77, Number 68 (Monday, April 9, 2012)]
[Proposed Rules]
[Pages 21065-21066]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-8473]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 721 and 799

[EPA-HQ-OPPT-2010-0520; FRL-9343-9]
RIN 2070-AJ66


Certain High Production Volume Chemicals; Test Rule and 
Significant New Use Rule; Fourth Group of Chemicals; Notice of Public 
Meeting

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; public meeting.

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SUMMARY: EPA will hold a public meeting on May 16, 2012, to give the 
public an opportunity to comment on a proposed test rule for 23 high 
production volume (HPV) chemical substances and a significant new use 
rule (SNUR) for another 22 HPV chemical substances under the Toxic 
Substances Control Act (TSCA). The test rule would require 
manufacturers and processors to develop screening-level health, 
environmental, and fate data based on the potential for substantial 
exposures of workers and consumers to the 23 HPV chemical substances, 
and the SNUR would require persons to file a significant new use notice 
(SNUN) with EPA prior to manufacturing, importing, or processing any of 
the 22 HPV chemical substances for use in a consumer product or for any 
use, or combination of uses, that would be reasonably likely to expose 
1,000 or more workers at a single-corporate entity to the chemical 
substances. The required notification would provide EPA with the 
opportunity to evaluate the intended use and, if necessary, to prohibit 
or limit that activity before it occurs. The opportunity to present 
oral comment was offered in the proposed rule and, in response to that 
offer, a request to present oral comments was received.

DATES: The meeting will be held on Wednesday, May 16, 2012, from 1:30 
p.m. to 5 p.m. Requests to participate in the meeting must be received 
on or before May 15, 2012.
    To request accommodation of a disability, please contact either 
technical person listed under FOR FURTHER INFORMATON CONTACT, 
preferably at least 10 days prior to the meeting, to give EPA as much 
time as possible to process your request.

ADDRESSES: The meeting will be held at the Environmental Protection 
Agency, EPA East Rm. 1153, 1201 Constitution Ave. NW., Washington DC 
20460-0001.
    Requests to participate in the meeting, identified by docket 
identification (ID) number EPA-HQ-OPPT-2010-0520, may be submitted to 
either technical person listed under FOR FURTHER INFORMATION CONTACT.

FOR FURTHER INFORMATION CONTACT: For technical information contact: 
Robert Jones or Paul Campanella, Chemical Control Division (7405M), 
Office of Pollution Prevention and Toxics, Environmental Protection 
Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; 
telephone numbers: (202) 564-8161 and (202) 564-8091; email addresses: 
[email protected] and [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?

    You may be potentially affected by this action if you manufacture 
(defined by statute to include import) or process any of the chemical 
substances that are listed in 40 CFR 799.5090(j) or 40 CFR 721.10228(a) 
of the proposed rule's regulatory text published in the Federal 
Register issue of October 21, 2011 (76 FR 65580) (FRL-8876-6). 
Potentially affected entities may include, but are not limited to:
     Manufacturers (defined by statute to include importers) of 
one or more of the subject chemical substances (NAICS codes 325 and 
324110), e.g., chemical manufacturing and petroleum refineries.
     Processors of one or more of the subject chemical 
substances (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. If you have any 
questions regarding the applicability of this action to a particular 
entity, consult either technical person listed under FOR FURTHER 
INFORMATION CONTACT.
    This action may also affect certain entities through pre-existing 
import certification and export notification rules under TSCA. See Unit 
VI. of the October 21, 2011 proposed rule for export notification 
requirements.

B. How can I get copies of this document and other related information?

    EPA has established a docket for this action under docket ID number 
EPA-HQ-OPPT-2010-0520. 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,

[[Page 21066]]

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. Background

    In the Federal Register issue of October 21, 2011, EPA published a 
proposed test rule and SNUR to regulate 45 HPV chemical substances. EPA 
is proposing a test rule under TSCA section 4(a)(1)(B) for 23 of these 
45 HPV chemical substances to require manufacturers, importers, and 
processors to conduct testing to obtain screening level data for health 
and environmental effects and chemical fate. EPA has preliminarily 
determined that: Each of the 23 HPV chemical substances included in 
that proposed rule is produced in substantial quantities and that there 
is or may be substantial human exposure to each of them; there are 
insufficient data to reasonably determine or predict the effects on 
health or the environment of the manufacture, distribution in commerce, 
processing, use, or disposal of the chemical substances or of any 
combination of these activities; and the testing program proposed is 
necessary to develop such data. Data developed under the proposed rule, 
when finalized, will provide critical information about the 
environmental fate and potential hazards associated with the subject 
chemical substances. When combined with information about exposure and 
uses, these data will allow the Agency and others to evaluate potential 
health and environmental risks and to take appropriate follow-up 
actions.
    EPA is also proposing to establish significant new use reporting 
and recordkeeping under TSCA section 5(a)(2) for the other 22 HPV 
chemical substances that would require EPA notification prior to worker 
or consumer exposures rising to substantial levels. The SNUN allows EPA 
to evaluate the use according to the specific parameters and 
circumstances for that intended use and, if warranted, be able to 
regulate prospective manufacturers or processors of the chemical 
substance before the designated significant new uses of the chemical 
substance occur.
    In response to the proposed rule, EPA received a request to present 
oral comment from the People for the Ethical Treatment of Animals 
(PETA). Written comments provided during the comment period for the 
proposed rule, including those requesting an opportunity for oral 
comment, are available and can be reviewed in the docket under docket 
ID number EPA-HQ-OPPT-2010-0520.

III. How can I request to participate in this meeting?

    You may submit a request to participate in this meeting to either 
technical person listed under FOR FURTHER INFORMATION CONTACT. Do not 
submit any information in your request that is considered CBI.
    Requests to participate in the meeting, identified by docket ID 
number EPA-HQ-OPPT-2010-0520, must be received on or before May 15, 
2012.

List of Subjects

40 CFR Part 721

    Environmental protection, Chemicals, Hazardous substances, 
Reporting and recordkeeping requirements.

40 CFR Part 799

    Environmental protection, Chemicals, Hazardous substances, 
Laboratories, Reporting and recordkeeping requirements.

    Dated: April 3, 2012.
Louise P. Wise,
Acting Assistant Administrator, Office of Chemical Safety and Pollution 
Prevention.
[FR Doc. 2012-8473 Filed 4-6-12; 8:45 am]
BILLING CODE 6560-50-P