[Federal Register Volume 79, Number 116 (Tuesday, June 17, 2014)]
[Proposed Rules]
[Pages 34484-34485]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-14122]



40 CFR Part 766

[EPA-HQ-OPPT-2014-0261; FRL-9911-88]

Receipt of Request for Waiver From Testing

AGENCY: Environmental Protection Agency (EPA).

ACTION: Receipt of request for waiver from testing.


SUMMARY: EPA received from Nation Ford Chemical (NFC) a request for a 
waiver from testing requirements promulgated by rule under section 4 of 
the Toxic Substances Control Act to ascertain whether certain specified 
chemical substances may be contaminated with halogenated dibenzodioxins 
(HDDs)/dibenzofurans (HDFs). EPA will accept comments on this request 
and will publish another Federal Register document on or before July 
21, 2014, announcing its decision on this request.

DATES: Comments must be received on or before July 17, 2014.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPPT-2014-0261, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the online instructions for submitting comments. Do not submit 
electronically any information you consider to be Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute.
     Mail: Document Control Office (7407M), Office of Pollution 
Prevention and Toxics (OPPT), Environmental Protection Agency, 1200 
Pennsylvania Ave. NW., Washington, DC 20460-0001.
     Hand Delivery: To make special arrangements for hand 
delivery or delivery of boxed information, please follow the 
instructions at http://www.epa.gov/dockets/contacts.html.
    Additional instructions on commenting or visiting the docket, along 
with more information about dockets generally, is available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: For technical information contact: 
Hiroshi Dodahara, National Program Chemicals Division, Office of 
Pollution Prevention and Toxics (7404T), Environmental Protection 
Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; 
telephone number: (202) 566-0507; 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].


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. If you 
have any questions regarding the applicability of this action to a 
particular entity, consult the technical person listed under FOR 

B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through 
regulations.gov or email. Clearly mark the part or all of the 
information that you claim to be CBI. For CBI information in a disk or 
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as 
CBI and then identify electronically within the disk or CD-ROM the 
specific information that is claimed as CBI. In addition to one 
complete version of the comment that includes information claimed as 
CBI, a copy of the comment that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments, 
remember to:
    i. Identify the document by docket ID number and other identifying 
information (subject heading, Federal Register date and page number).
    ii. Follow directions. The Agency may ask you to respond to 
specific questions or organize comments by referencing a Code of 
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information 
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
    vi. Provide specific examples to illustrate your concerns and 
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period 
deadline identified.

II. Background

A. What action is the agency taking?

    EPA is announcing receipt of a request for waiver from testing from 
NFC. EPA will accept comments on this request on or before July 17, 
2014 and will publish another Federal Register document announcing its 
decisions on this request. See 40 CFR 766.32(c).

[[Page 34485]]

B. 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)(ii), a waiver may be granted if, in the 
judgment of EPA, the cost of testing would drive the chemical substance 
off the market, or prevent resumption of manufacture or import of the 
chemical substance, if it is not currently manufactured, and the 
chemical substance will be produced so that no unreasonable risk will 
occur due to its manufacture, import, processing, distribution, use, or 
disposal. The manufacturer must submit to EPA all data supporting the 
    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 May 21, 2014, EPA received a completed waiver request from NFC 
under 40 CFR 766.32(a)(2)(ii) (Ref. 1). NFC originally sent a waiver 
request in a letter dated March 18, 2014 (Ref. 2), which was amended 
for a technical correction in a letter resubmitted on April 2, 2014 
(Ref. 3). EPA informed NFC by letter (Ref. 4) that it would need to 
submit certain additional information before the submission was 
complete and EPA could begin its review of the request. The resubmitted 
request indicates that NFC intends to import 2,3,5,6-tetrachloro-2,5-
cyclohexadienel,4-dione (Chloranil) (CASRN 118-75-2), a chemical 
substance subject to testing under 40 CFR part 766, to use chloranil as 
a substitute for an ingredient in the manufacture of a pigment (Ref. 

III. References

    The following is a listing of the documents that are specifically 
referenced in this document. The docket includes these documents and 
other information considered by EPA, including documents that are 
referenced within the documents that are included in the docket, even 
if the referenced document is not physically located in the docket. For 
assistance in locating these other documents, please consult the 
technical person listed under FOR FURTHER INFORMATION CONTACT.

1. National Ford Chemical. Letter from Phillip McCarter to Tanya 
Hodge Mottley, May 16, 2014 (Received by EPA on May 21, 2014).
2. National Ford Chemical. Letter from Phillip McCarter to Wendy 
Cleland-Hamnett, March 18, 2014. (Received by EPA on March 27, 
3. National Ford Chemical. Technical Correction to Letter from 
Phillip McCarter to Wendy Cleland-Hamnett, March 18, 2014. (Received 
by EPA on April 2, 2014).
4. EPA. Letter to Phillip McCarter from Tanya Hodge Mottley, May 5, 

List of Subjects in 40 CFR Part 766

    Environmental protection, Chloranil, Dibenzofurans, Dioxins, 
Hazardous substances.

    Dated: June 9, 2014.
Wendy C. Hamnett,
Director, Office of Pollution Prevention and Toxics.

[FR Doc. 2014-14122 Filed 6-16-14; 8:45 am]