[Federal Register Volume 76, Number 91 (Wednesday, May 11, 2011)]
[Proposed Rules]
[Pages 27294-27296]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-11208]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 721
[EPA-HQ-OPPT-2011-0109; FRL-8871-3]
RIN 2070-AB27
Proposed Revocation of the Significant New Use Rule on a Certain
Chemical Substance
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing to revoke a significant new use rule (SNUR)
promulgated under section 5(a)(2) of the Toxic Substances Control Act
(TSCA) for a chemical substance identified generically as substituted
ethoxyethylamine phosphonate, which was the subject of premanufacture
notice (PMN) P-95-1950. EPA issued a ``non-5(e)'' SNUR (i.e. SNUR on a
substance that is not subject to a TSCA section 5(e) consent order),
designating certain activities as significant new uses based on the
concern criteria. EPA has received and reviewed new information and
test data for the chemical substance and proposes to revoke the SNUR.
DATES: Comments must be received on or before June 10, 2011.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPPT-2011-0109, by one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
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: OPPT Document Control Office (DCO), EPA
East Bldg., Rm. 6428, 1201 Constitution Ave., NW., Washington, DC.
Attention: Docket ID Number EPA-HQ-OPPT-2011-0109. The DCO is open from
8 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The
telephone number for the DCO is (202) 564-8930. Such deliveries are
only accepted during the DCO's normal hours of operation, and special
arrangements should be made for deliveries of boxed information.
Instructions: Direct your comments to docket ID number EPA-HQ-OPPT-
2011-0109. EPA's policy is that all comments received will be included
in the docket without change and may be made available on-line at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The regulations.gov Web site is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through regulations.gov,
your e-mail address will be automatically captured and included as part
of the comment that is placed in the docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
Docket: 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., 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
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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.
FOR FURTHER INFORMATION CONTACT: For technical information contact:
Virginia Lee, Chemical Control Division (7405 M), Office of Pollution
Prevention and Toxics, Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:
(202) 564-4142; e-mail address: [email protected].
For general information contact: The TSCA-Hotline, ABVI-Goodwill,
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202)
554-1404; e-mail 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,
import, process, or use the chemical substance contained in this
proposed rule. Potentially affected entities may include, but are not
limited to:
Manufacturers, importers, or processors of the subject
chemical substance (NAICS codes 325 and 324110), e.g., chemical
manufacturers 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. To determine whether you or your business may be
affected by this action, you should carefully examine the applicability
provisions in Sec. 721.5. 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.
This action may also affect certain entities because of import
certification and export notification requirements under TSCA. Chemical
importers are subject to the TSCA section 13 (15 U.S.C. 2612) import
certification requirements promulgated at 19 CFR 12.118 through 12.127;
see also 19 CFR 127.28. Chemical importers must certify that the
shipment of the chemical substance complies with all applicable rules
and orders under TSCA. The EPA policy in support of import
certification appears at 40 CFR part 707, subpart B. Importers of the
chemical, the subject of this action, would no longer be required to
certify compliance with the SNUR requirements if the revocation becomes
effective. In addition, if this proposed SNUR revocation becomes
effective, persons who export or intend to export the chemical that is
the subject of this action would no longer be subject to the TSCA
section 12(b) (15 U.S.C. 2611(b)) export notification requirements at
40 CFR part 707, that are currently triggered by the SNUR.
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 e-mail. 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
reproduced.
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?
In the Federal Register of January 22, 1998 (63 FR 3393) (FRL-5720-
3), EPA promulgated a SNUR at 40 CFR 721.6078 for the chemical
substance identified generically as substituted ethoxyethylamine
phosphonate (PMN P-95-1950). This SNUR designated certain activities as
significant new uses based on the environmental effect criteria
identified in Sec. 721.170(b)(4)(ii) for analogous polyanionic
monomers. EPA has received and reviewed aquatic toxicity test data for
the chemical substance and based on its review of these data, EPA now
proposes to revoke the SNUR pursuant to Sec. 721.185. In this unit,
EPA provides a brief description of this chemical substance, including
the PMN number, generic chemical name, the Federal Register publication
date and reference, the docket number, the basis for revoking the SNUR
under Sec. 721.185, and the CFR citation of the SNUR.
PMN Number P-95-1950
Chemical name: Substituted ethoxyethylamine phosphonate (generic).
CAS number: Not available.
Federal Register publication date and reference: January 22, 1998
(63 FR 3393).
Docket number: OPPTS-50628.
Basis for revocation of SNUR: EPA issued a SNUR for this substance
based on the environmental effect criteria at Sec. 721.170(b)(4)(ii)
for analogous polyanionic monomers. Subsequently, the PMN submitter
petitioned EPA to revoke the SNUR based on the results of submitted
aquatic toxicity testing in fish, daphnids, and algae. The aquatic
toxicity testing demonstrated that the substance has inherently low
toxicity, mitigating EPA's concern for toxicity to aquatic organisms.
Therefore, EPA rescinds its finding that releases to water resulting in
stream concentrations that exceed 30 parts per billion (ppb) may cause
significant adverse environmental effects. Based on available
information, the substance no longer meets the concern criteria at
Sec. 721.170(b)(4)(ii). Therefore, EPA proposes that the SNUR for this
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chemical substance be revoked pursuant to Sec. 721.185(a)(4).
CFR citation: 40 CFR 721.6078.
B. What is the agency's authority for taking this action?
Section 5(a)(2) of TSCA (15 U.S.C. 2604(a)(2)) authorizes EPA to
determine that a use of a chemical substance is a ``significant new
use.'' EPA must make this determination by rule after considering all
relevant factors, including those listed in TSCA section 5(a)(2). Once
EPA determines that a use of a chemical substance is a significant new
use, TSCA section 5(a)(1)(B) requires persons to submit a significant
new use notice (SNUN) to EPA at least 90 days before they manufacture,
import, or process the chemical substance for that use. The mechanism
for reporting under this requirement is established under Sec. 721.5.
Upon conclusion of the review for P-95-1950, based on the concern
criteria in Sec. 721.170(b)(4)(ii) discussed in Unit II.A., EPA
determined that there was a concern for potential environmental effects
of the substance at a concentration as low as 30 ppb of the PMN
substance in surface waters and promulgated a non-5(e) SNUR for this
chemical substance.
Under Sec. 721.185, EPA may at any time revoke a SNUR for a
chemical substance which has been added to subpart E of 40 CFR part 721
if EPA makes one of the determinations set forth in Sec. 721.185(a)(1)
through (a)(6). Revocation may occur on EPA's initiative or in response
to a written request. Under Sec. 721.185(b)(3), if EPA concludes that
a SNUR should be revoked, the Agency will propose the changes in the
Federal Register, briefly describe the grounds for the action, and
provide interested parties an opportunity to comment.
EPA has determined that the criteria set forth in Sec.
721.185(a)(4) have been satisfied for the chemical substance;
therefore, EPA is proposing to revoke the SNUR for this chemical
substance. The significant new use notification and the recordkeeping
requirements at 40 CFR 721.6078 would terminate if and when this
proposed revocation becomes effective. In addition, export notification
under TSCA section 12(b) and 40 CFR part 707, subpart D triggered by
the SNUR would no longer be required.
III. Statutory and Executive Order Reviews
This proposed rule would revoke or eliminate an existing regulatory
requirement and does not contain any new or amended requirements. As
such, the Agency has determined that this proposed SNUR revocation
would not have any adverse impacts, economic or otherwise.
The Office of Management and Budget (OMB) has exempted these types
of regulatory actions from review under Executive Order 12866, entitled
Regulatory Planning and Review (58 FR 51735, October 4, 1993). This
proposed rule does not contain any information collections subject to
approval under the Paperwork Reduction Act (PRA), (44 U.S.C. 3501 et
seq.). Since this proposed rule eliminates a reporting requirement, the
Agency certifies pursuant to section 605(b) of the Regulatory
Flexibility Act (RFA) (5 U.S.C. 601 et seq.), that this SNUR revocation
would not have a significant economic impact on a substantial number of
small entities.
For the same reasons, this action does not require any action under
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) (Pub. L.
104-4). This proposed rule has neither Federalism implications, because
it would not have substantial direct effects on States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government, as specified in Executive Order 13132, entitled Federalism
(64 FR 43255, August 10, 1999), nor Tribal implications, because it
would not have substantial direct effects on one or more Indian Tribes,
on the relationship between the Federal Government and Indian Tribes,
or on the distribution of power and responsibilities between the
Federal Government and Indian Tribes, as specified in Executive Order
13175, entitled Consultation and Coordination with Indian Tribal
Governments (65 FR 67249, November 9, 2000).
This action is not subject to Executive Order 13045, entitled
Protection of Children from Environmental Health Risks and Safety Risks
(62 FR 19885, April 23, 1997), because this is not an economically
significant regulatory action as defined under Executive Order 12866,
and it does not address environmental health or safety risks
disproportionately affecting children. It is not subject to Executive
Order 13211, entitled Actions Concerning Regulations That Significantly
Affect Energy Supply, Distribution, or Use (66 FR 28355, May 22, 2001),
because this action is not expected to affect energy supply,
distribution, or use. Because this action does not involve any
technical standards, section 12(d) of the National Technology Transfer
and Advancement Act of 1995 (NTTAA), Public Law 104-113, section 12(d)
(15 U.S.C. 272 note), does not apply to this action. This action does
not involve special considerations of environmental justice related
issues as required by Executive Order 12898, entitled Federal Actions
to Address Environmental Justice in Minority Populations and Low-Income
Populations (59 FR 7629, February 16, 1994).
List of Subjects in 40 CFR Part 721
Environmental protection, Chemicals, Hazardous substances,
Reporting and recordkeeping requirements.
Dated: April 29, 2011.
Wendy C. Hamnett,
Director, Office of Pollution Prevention and Toxics.
Therefore, it is proposed that 40 CFR part 721 be amended as
follows:
PART 721--[AMENDED]
1. The authority citation for part 721 continues to read as
follows:
Authority: 15 U.S.C. 2604, 2607, and 2625(c).
Sec. 721.6078 [Removed]
2. Remove Sec. 721.6078.
[FR Doc. 2011-11208 Filed 5-10-11; 8:45 am]
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