[Federal Register Volume 79, Number 236 (Tuesday, December 9, 2014)]
[Rules and Regulations]
[Pages 72984-72985]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-28824]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 766

[EPA-HQ-OPPT-2014-0261; FRL-9919-05]


Decision on Request for Waiver From Testing

AGENCY: Environmental Protection Agency (EPA).

ACTION: Decision on request for waiver from testing.

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SUMMARY: EPA denied a request from Nation Ford Chemical (NFC) for a 
waiver from testing chloranil (2,3,5,6-tetrachloro-2,5-cyclohexadiene-
1,4-dione). Regulations issued by EPA under the Toxic Substances 
Control Act (TSCA) 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 or waiver 
from these requirements if an appropriate application is submitted to 
EPA and is approved. EPA received a request for a waiver from these 
testing requirements from NFC.

DATES: EPA denied the NFC waiver on October 17, 2014.

ADDRESSES: The docket for this action, identified by docket 
identification (ID) number EPA-HQ-OPPT-2014-0261, 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), West William Jefferson Clinton 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: 
Hiroshi Dodahara, National Program Chemicals Division (7404T), Office 
Pollution Prevention and Toxics, 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].

SUPPLEMENTARY INFORMATION: 

I. 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 to which 
this action may apply. 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 
FURTHER INFORMATION CONTACT.

II. Background

A. What action is the Agency taking?

    This document announces the denial of the request from NFC for a 
waiver from testing under 40 CFR 766.32(a)(2)(ii) for chloranil 
(2,3,5,6-tetrachloro-2,5-cyclohexadiene-1,4-dione; Chemical Abstracts 
Service Registry Number (CASRN) 118-75-2).

B. What is the Agency's authority for taking this action?

    This document is issued under sections 4 and 8 of TSCA (15 U.S.C. 
2603 and 2607).
    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. In this case, the manufacturer must submit to

[[Page 72985]]

EPA all data supporting the determination.
    Under 40 CFR 766.32(b), any 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.

C. NFC Request for Waiver From Testing and Reporting Requirements

    EPA received submissions from NFC dated March 18, 2014 (Refs. 1 and 
2), May 16, 2014 (Ref. 3), and August 7, 2014 (Ref. 4), which 
collectively requested that NFC be granted a waiver from the testing 
and reporting requirements of the ``Polyhalogenated Dibenzo-p-Dioxins/
Dibenzofurans; Testing and Reporting Requirements'' (Dioxins/Furans 
Test Rule) 40 CFR part 766 for the import of chloranil. EPA published a 
notice of receipt of the waiver request and requested public comment in 
the Federal Register on June 17, 2014 (Ref. 5); the Agency received no 
public comments. The waiver request indicates that NFC intends to 
import chloranil, a chemical substance subject to testing under 40 CFR 
part 766, for the manufacture of a crude pigment. EPA determined that 
the information provided by NFC was insufficient to establish that any 
adverse economic impact from testing would likely be large enough to 
``drive the chemical substance off the market, or prevent resumption of 
manufacture or import of the chemical substance'' (Ref. 6). EPA 
therefore denied NFC's waiver request (Ref. 7).

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. NFC. Letter from Phillip McCarter to Wendy Cleland-Hamnett, EPA/
OPPT. March 18, 2014 (Received by EPA on March 27, 2014).
2. NFC. Technical Correction to Letter from Phillip McCarter to Wendy 
Cleland-Hamnett, EPA/OPPT. March 18, 2014 (Received by EPA on April 2, 
2014).
3. NFC. Letter from Phillip McCarter to Tanya Hodge Mottley EPA/OPPT. 
May 16, 2014 (Received by EPA on May 21, 2014).
4. NFC. Letter from Phillip McCarter to Wendy Cleland-Hamnett, EPA/
OPPT. August 7, 2014 (Received by EPA on August 8, 2014).
5. Receipt of Request for Waiver from Testing; Proposed Rule. Federal 
Register (79 FR 34484, June 17, 2014) (FRL-9911-88).
6. EPA. Nation Ford Chemical Waiver Petition for Dioxin/Furan Test Rule 
Regarding Import of Chloranil--Economic Assessment (contains no 
confidential business information). October 9, 2014.
7. EPA. Letter from Wendy Cleland-Hamnett, EPA/OPPT, to Phillip 
McCarter, NFC. October 17, 2014.

IV. Congressional Review Act (CRA)

    The Congressional Review Act (5 U.S.C. 801 et seq.), does not apply 
because this action is not a rule, for purposes of 5 U.S.C. 804(3).

List of Subjects in 40 CFR Part 766

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

    Dated: December 1, 2014.
Wendy C. Hamnett,
Director, Office of Pollution Prevention and Toxics.
[FR Doc. 2014-28824 Filed 12-8-14; 8:45 am]
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