[Federal Register Volume 79, Number 58 (Wednesday, March 26, 2014)]
[Proposed Rules]
[Page 16752]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-06573]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 721

[EPA-HQ-OPPT-2012-0740; FRL-9907-54]
RIN 2070-AB27


Significant New Use Rules on Certain Chemical Substances; 
Withdrawal

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; withdrawal.

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SUMMARY: EPA is withdrawing a significant new use rule (SNUR) proposed 
under the Toxic Substances Control Act (TSCA) for chemical substances 
generically identified as vinylidene esters, which were the subject of 
premanufacture notices (PMNs) P-12-298 and P-12-299. The Agency is 
taking this action in response to public comments received on the 
proposed rule.

DATES: Proposed Sec.  721.10623, published in the Federal Register of 
April 18, 2013 (78 FR 23184) is withdrawn as of March 26, 2014.

ADDRESSES: The docket for this action, identified by docket 
identification (ID) number EPA-HQ-OPPT-2012-0740, is available at 
http://www.regulations.gov or at the Office of Pollution Prevention and 
Toxics Docket (OPPT Docket), Environmental Protection Agency Docket 
Center (EPA/DC), EPA West Bldg., Rm. 3334, 1301 Constitution Ave. NW., 
Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 
p.m., Monday through Friday, excluding legal holidays. The telephone 
number for the Public Reading Room is (202) 566-1744, and the telephone 
number for the OPPT Docket is (202) 566-0280. Please review the visitor 
instructions and additional information about the docket available at 
http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: 
    For technical information contact: Kenneth Moss, Chemical Control 
Division (7405M), Office of Pollution Prevention and Toxics, 
Environmental Protection Agency, 1200 Pennsylvania Ave. NW., 
Washington, DC 20460-0001; telephone number: (202) 564-9232; 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: In the Federal Register of November 2, 2012 
(77 FR 66149) (FRL-9366-7), EPA issued a direct final SNUR on the 
chemical substances generically identified as vinylidene ester, which 
were the subject of premanufacture notices (PMNs) P-12-298 and P-12-
299, in accordance with the procedures at Sec.  721.160(c)(3)(i). EPA 
received notices of intent to submit adverse comments on this SNUR. 
Therefore, as required by Sec.  721.160(c)(3)(ii), EPA removed the 
direct final SNUR in a separate final rule published in the Federal 
Register of December 21, 2012 (77 FR 75566) (FRL 9373-8), and in the 
Federal Register of April 18, 2013 (78 FR 23184), EPA issued a proposed 
SNUR for these chemical substances.
    EPA is now withdrawing the April 18, 2013 proposed rule, issued for 
two chemical substances which were the subject of PMN P-12-298 and P-
12-299. This action is being taken based upon experimental data 
provided by the PMN submitter, and relevant environmental fate and 
toxicity data associated with cyanoacrylates submitted to the Agency 
during the public comment period for the proposed SNUR. The Agency 
determined that this information demonstrated that cyanoacrylates, 
rather than esters identified in the proposed rule, are more 
appropriate structural analogues for assessment of potential toxicity 
of the PMN substances to aquatic organisms, which was the basis for the 
notification requirements in the proposed SNUR. Based on review of 
experimental data provided by the PMN submitter, and relevant 
environmental fate and toxicity data associated with cyanoacrylates, 
the Agency no longer supports the original concerns for toxicity to 
aquatic organisms. The Agency's previous concerns for ecotoxicity are 
mitigated due to the fact that, like cyanoacrylates, the PMN substances 
react quickly in the presence of water or moisture and the hydrolysis 
products are not expected to produce toxic effects to aquatic organisms 
at saturation.
    The record for the direct final and proposed SNURs on these 
chemical substances was established as docket EPA-HQ-OPPT-2012-0740. 
That record includes information considered by the Agency in developing 
these rules and this withdrawal, and the public comments received.

List of Subjects in 40 CFR Part 721

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

    Dated: March 13, 2014.
Maria J. Doa,
Director, Chemical Control Division, Office of Pollution Prevention and 
Toxics.
[FR Doc. 2014-06573 Filed 3-25-14; 8:45 am]
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