[Federal Register Volume 77, Number 244 (Wednesday, December 19, 2012)]
[Notices]
[Pages 75349-75353]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-30615]



[[Page 75349]]

Vol. 77

Wednesday,

No. 244

December 19, 2012

Part IV





Environmental Protection Agency





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Seventy-First Report of the TSCA Interagency Testing Committee to the 
Administrator of the Environmental Protection Agency; Receipt of Report 
and Request for Comments; Notice

Federal Register / Vol. 77 , No. 244 / Wednesday, December 19, 2012 / 
Notices

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2012-0820; FRL-9370-9]


Seventy-First Report of the TSCA Interagency Testing Committee to 
the Administrator of the Environmental Protection Agency; Receipt of 
Report and Request for Comments

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Toxic Substances Control Act (TSCA) Interagency Testing 
Committee (ITC) transmitted its 71st ITC Report to the EPA 
Administrator on November 14, 2012. In the 71st ITC Report, which is 
included with this notice, the ITC is revising the TSCA section 4(e) 
Priority Testing List by removing 16 High Production Volume (HPV) 
Challenge Program orphan chemicals. The ITC is removing these 16 
chemicals because actions have been taken to assess their hazardous 
potential.

DATES: Comments must be received on or before January 18, 2013.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPPT-2012-0820, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the online 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. ATTN: 
Docket ID Number EPA-HQ-OPPT-2012-0820. 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-
2012-0820. EPA's policy is that all comments received will be included 
in the docket without change and may be made available online 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 email. 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 email comment 
directly to EPA without going through regulations.gov, your email 
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 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: John D. Walker, TSCA Interagency 
Testing Committee (7401M), Office of Pollution Prevention and Toxics, 
Environmental Protection Agency, 1200 Pennsylvania Ave. NW., 
Washington, DC 20460-0001; telephone number: (202) 564-7527; fax 
number: (202) 564-7528; email address: walker.johnd@epa.gov.
    For general information contact: The TSCA-Hotline, ABVI-Goodwill, 
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202) 
554-1404; email address: TSCA-Hotline@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    This notice is directed to the public in general. It may, however, 
be of particular interest to you if you manufacture (defined by statute 
to include import) and/or process TSCA-covered chemicals and you may be 
identified by the North American Industrial Classification System 
(NAICS) codes 325 and 32411. Because this notice is directed to the 
general public and other entities may also be interested, the Agency 
has not attempted to describe all the specific entities that may be 
interested in this action.

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-DOM 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.

[[Page 75351]]

    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

    The Toxic Substances Control Act (TSCA) (15 U.S.C. 260l et seq.) 
authorizes the EPA Administrator to promulgate regulations under TSCA 
section 4(a) requiring testing of chemicals and chemical groups in 
order to develop data relevant to determining the risks that such 
chemicals and chemical groups may present to health or the environment. 
Section 4(e) of TSCA established the ITC to recommend chemicals and 
chemical groups to the EPA Administrator for priority testing 
consideration. Section 4(e) of TSCA directs the ITC to revise the TSCA 
section 4(e) Priority Testing List at least every 6 months.
    You may access additional information about the ITC at http://www.epa.gov/oppt/itc.

A. The 71st ITC Report

    The ITC is revising the TSCA section 4(e) Priority Testing List by 
removing 16 HPV Challenge Program orphan chemicals.

B. Status of the Priority Testing List

    The Priority Testing List includes 16 chemicals with insufficient 
dermal absorption rate data, 2 alkylphenols, 148 HPV Challenge Program 
orphan chemicals, cadmium, a category of cadmium compounds including 
any unique chemical substance that contains cadmium as part of that 
chemical's structure, 6 non-phthalate plasticizers, 25 phosphate ester 
flame retardants, 2 other flame retardants, 9 chemicals to which 
children living near hazardous waste sites may be exposed, and a 
category of 69 diisocyanates and related compounds.

List of Subjects

    Environmental protection, Chemicals, Hazardous substances.

    Dated: December 11, 2012.
Wendy C. Hamnett,
Director, Office of Pollution Prevention and Toxics.

Seventy-First Report of the TSCA Interagency Testing Committee to the 
Administrator of the Environmental Protection Agency

Table of Contents

Summary
I. Background
II. ITC's Activities During This Reporting Period (June to October 
2012)
III. HPV Challenge Program Orphan Chemicals Removed From the TSCA 
Section 4(e) Priority Testing List
IV. References
V. The TSCA Interagency Testing Committee

Summary

    The ITC is revising the Toxic Substances Control Act (TSCA) section 
4(e) Priority Testing List by removing 16 High Production Volume (HPV) 
Challenge Program orphan chemicals.
    The TSCA section 4(e) Priority Testing List is Table 1 of this 
unit.

                                Table 1--TSCA Section 4(e) Priority Testing List
                                                 [October 2012]
----------------------------------------------------------------------------------------------------------------
       ITC report                   Date                 Chemical name/group                   Action
----------------------------------------------------------------------------------------------------------------
31.....................  January 1993.............  2 Chemicals with insufficient  Designated.
                                                     dermal absorption rate data,
                                                     methylcyclohexane and
                                                     cyclopentane.
32.....................  May 1993.................  10 Chemicals with              Designated.
                                                     insufficient dermal
                                                     absorption rate data.
35.....................  November 1994............  4 Chemicals with insufficient  Designated.
                                                     dermal absorption rate data,
                                                     cyclopentadiene, formamide,
                                                     1,2,3-trichloropropane, and
                                                     m-nitrotoluene.
37.....................  November 1995............  Branched 4-nonylphenol (mixed  Recommended.
                                                     isomers).
41.....................  November 1997............  Phenol, 4-(1,1,3,3-            Recommended.
                                                     tetramethylbutyl)-.
55.....................  December 2004............  147 High Production Volume     Recommended.
                                                     (HPV) Challenge Program
                                                     orphan chemicals.
56.....................  August 2005..............  1 HPV Challenge Program        Recommended.
                                                     orphan chemical, naphtha
                                                     (petroleum), clay-treated
                                                     light straight-run.
68.....................  May 2011.................  Cadmium......................  Recommended.
69.....................  November 2011............  Cadmium compounds............  Recommended.
69.....................  November 2011............  6 Non-phthalate plasticizers.  Recommended.
69.....................  November 2011............  25 Phosphate ester flame       Recommended.
                                                     retardants.
69.....................  November 2011............  2 Other flame retardants.....  Recommended.
69.....................  November 2011............  9 Chemicals to which children  Recommended.
                                                     living near hazardous waste
                                                     sites may be exposed.
69.....................  November 2011............  69 Diisocyanates and related   Recommended.
                                                     compounds.
----------------------------------------------------------------------------------------------------------------

I. Background

    The ITC was established by TSCA section 4(e) ``to make 
recommendations to the Administrator respecting the chemical substances 
and mixtures to which the Administrator should give priority 
consideration for the promulgation of rules for testing under section 
4(a) * * *. At least every six months * * *, the Committee shall make 
such revisions to the Priority Testing List as it determines to be 
necessary and transmit them to the Administrator together with the 
Committee's reasons for the revisions'' (Public Law 94-469, 90 Stat. 
2003 et seq., 15 U.S.C. 2601 et seq.). ITC reports are available from 
the ITC's Web site (http://www.epa.gov/oppt/itc) and from 
regulations.gov (http://www.regulations.gov) after publication in the 
Federal Register. The ITC produces its revisions to the Priority 
Testing List with administrative and technical support from the ITC 
staff and ITC members. ITC members and staff are listed at the end of 
this report.

[[Page 75352]]

II. ITC's Activities During This Reporting Period (June to October 
2012)

    During this reporting period, the ITC discussed the 164 High 
Production Volume (HPV) Challenge Program orphan chemicals remaining on 
the TSCA section 4(e) Priority Testing List. As a result of these 
discussions, the ITC removed 16 HPV Challenge Program orphan chemicals 
from the TSCA section 4(e) Priority Testing List. Orphan chemicals are 
those HPV chemicals for which no sponsors have volunteered to develop 
and submit robust summaries of basic hazard and fate testing data to 
the EPA. The hazard and fate testing data requested by the ITC for HPV 
Challenge Program orphan chemicals are necessary to establish a 
screening level understanding of their potential human health and 
environmental impacts.

III. HPV Challenge Program Orphan Chemicals Removed From the TSCA 
Section 4(e) Priority Testing List

    The Chemical Abstract Service (CAS) Registry numbers and names of 
the 16 HPV Challenge Program orphan chemicals being removed from the 
Priority Testing List are listed in Table 2 of this unit. Also listed 
in Table 2 of this unit are the ITC reports in which the HPV Challenge 
Program orphan chemicals were added to the Priority Testing List and 
the rationale for their removal. The Universal Resource Locators (URLs 
or Web site addresses) provide additional information about the 
disposition of these chemicals and are included as footnotes to Table 2 
of this unit.

       Table 2--HPV Orphan Chemicals Being Removed From the Priority Testing List in This 71st ITC Report
----------------------------------------------------------------------------------------------------------------
             CAS No.                     Chemical name         ITC report            Removal rationale
----------------------------------------------------------------------------------------------------------------
62-56-6.........................  Thiourea..................           55  EPA NPRM.\a\
81-16-3.........................  1-Naphthalenesulfonic                55  OECD SIDS.\b\
                                   acid, 2-amino-.
84-69-5.........................  1,2-Benzenedicarboxylic              55  EPA NPRM.\a\
                                   acid, 1,2-bis(2-
                                   methylpropyl) ester.
91-68-9.........................  Phenol, 3-(diethylamino)-.           55  Sponsored chemical.\c\
110-18-9........................  1,2-Ethanediamine,                   55  Sponsored chemical.\d\
                                   N1,N1,N2,N2-tetramethyl-.
119-33-5........................  Phenol, 4-methyl-2-nitro-.           55  OECD SIDS program.\e\
121-69-7........................  Benzenamine, N,N-dimethyl-           55  Sponsored chemical.\c\
131-57-7........................  Methanone, (2-hydroxy-4-             55  EPA NPRM.\a\
                                   methoxyphenyl)phenyl-.
870-72-4........................  Methanesulfonic acid, 1-             55  EPA NPRM.\a\
                                   hydroxy-, sodium salt
                                   (1:1).
6473-13-8.......................  2-Naphthalenesulfonicacid,           55  EPA NPRM.\a\
                                   6-[2-(2,4-
                                   diaminophenyl)diazenyl]-3-
                                   [2-[4-[[4-[2-[7-[2-(2,4-
                                   diaminophenyl)diazenyl]-1-
                                   hydroxy-3-sulfo-2-
                                   naphthalenyl]diazenyl]phe
                                   nyl]amino]-3-
                                   sulfophenyl]diazenyl]-4-
                                   hydroxy-, sodium salt
                                   (1:3).
28188-24-1......................  Octadecanoic acid, 1,1'-2-           55  EPA NPRM\a\
                                   (hydroxymethyl)-2-[[(1-
                                   oxooctadecyl)oxy]methyl]-
                                   1,3-propanediyl ester.
61788-44-1......................  Phenol, styrenated........           56  Sponsored chemical.\f\
68334-01-0......................  Disulfides, alkylaryl                55  Sponsored chemical.\g\
                                   dialkyl diaryl, petroleum
                                   refinery spent caustic
                                   oxidn. products.
68457-74-9......................  Phenol, isobutylenated               56  Sponsored chemical.\f\
                                   methylstyrenated.
68915-39-9......................  Cyclohexane, oxidized, aq.           55  Analog to
                                   ext., sodium salt.                      CAS No. 68915-38-8.\h\
90640-80-5......................  Anthracene oil............           55  OECD SIDS program.\i\
----------------------------------------------------------------------------------------------------------------
Footnotes:
\a\ EPA Notice of Proposed Rulemaking (NPRM). Federal Register (65 FR 81658, December 26, 2000) (FRL-6758-4).
\b\ http://webnet.oecd.org/hpv/UI/Result.aspx?Q=2e64bf75-689c-4499-95c8-bb0a5616c03d.
\c\ http://www.epa.gov/chemrtk/pubs/summaries/aroamin/c13310tc.htm.
\d\ http://www.epa.gov/HPV/pubs/summaries/nnnntetr/c14715rs.pdf.
\e\ http://webnet.oecd.org/hpv/UI/Result.aspx?Q=df187798-b971-44f0-8323-b841fff85856.
\f\ http://www.epa.gov/HPV/pubs/summaries/hndrdphn/c13382tp.pdf.
\g\ http://www.epa.gov/HPV/pubs/summaries/resbscat/c14906.pdf.
\h\ http://www.epa.gov/chemrtk/pubs/summaries/cyclhxox/c15012tc.htm.
\i\ http://webnet.oecd.org/hpv/UI/SIDS_Details.aspx?id=289cb585-0b2f-4d84-bece-59184368cc20.
Note: OECD SIDS program = Organization for Economic Cooperation and Development Screening Information Data Set
  program.

    Fourteen of the HPV Challenge Program orphan chemicals that were 
removed from the Priority Testing List in this 71st ITC Report were 
added to the Priority Testing List in the 55th ITC Report (Ref. 1). Two 
of the HPV Challenge Program orphan chemicals that were removed from 
the Priority Testing List in this 71st ITC Report were added to the 
Priority Testing List in the 56th ITC Report (Ref. 2). Six of the HPV 
Challenge Program orphan chemicals were removed because they were added 
to a Notice of Proposed Rulemaking (NPRM) that proposed to require 
manufacturers and processors of these chemicals to conduct testing for 
acute toxicity, repeated dose toxicity, developmental and reproductive 
toxicity, genetic toxicity, ecotoxicity, and environmental fate (Ref. 
3). Three of the HPV Challenge Program orphan chemicals were removed 
because they were in the Organization for Economic Cooperation and 
Development (OECD) Screening Information Data Set (SIDS) program 
(http://www.epa.gov/opptintr/chemtest/pubs/oecdsids.html). The URLs for 
the three OECD SIDS chemicals are provided as footnotes b, e, and i to 
Table 2 of this unit. Six of the HPV Challenge Program orphan chemicals 
were removed because their testing was sponsored by the chemical's 
producers. The URLs for the six sponsored chemicals are provided as 
footnotes c, d, f, and g to Table 2 of this unit. One chemical was 
removed because it was an analog to a chemical with robust summaries 
and test plans. The URL for that chemical is provided as footnote h to 
Table 2 of this unit.

IV. References

1. ITC. Fifty-Fifth Report of the ITC; Notice. Federal Register (70 
FR 7364, February 11, 2005) (FRL-7692-1). Available online at: 
http://www.regulations.gov. Docket ID Number: EPA-HQ-OPPT-2012-0820.
2. ITC. Fifty-Sixth Report of the ITC; Notice. Federal Register (70 
FR 61520, October 24, 2005) (FRL-7739-9). Available online at: 
http://www.regulations.gov. Docket ID Number: EPA-HQ-OPPT-

[[Page 75353]]

2012-0820.
3. EPA. Testing of Certain High Production Volume Chemicals; 
Proposed Rule. Federal Register (65 FR 81658, December 26, 2000) 
(FRL-6758-4). Available online at: http://www.regulations.gov. 
Docket ID number: EPA-HQ-OPPT-2012-0820.

V. The TSCA Interagency Testing Committee

Statutory Organizations With Representatives

Department of Commerce

National Institute of Standards and Technology
    Dianne L. Poster, Alternate

Environmental Protection Agency

Robert W. Jones, Member
John E. Schaeffer, Alternate

National Institute of Environmental Health Sciences

Nigel Walker, Member
Scott Masten, Alternate

National Institute for Occupational Safety and Health

Gayle DeBord, Member
Dennis W. Lynch, Alternate

Occupational Safety and Health Administration

Janet Carter, Member
Thomas Nerad, Alternate

 Liaison Organizations With Representatives

Agency for Toxic Substances and Disease Registry

Glenn D. Todd, Member

Consumer Product Safety Commission

Dominique Johnson, Member

Department of Agriculture

Clifford P. Rice, Member
Cathleen J. Hapeman, Alternate

Department of Defense

Laurie E. Roszell, Member

Department of the Interior

Barnett A. Rattner, Member

Food and Drug Administration

Kirk Arvidson, Member
Ronald F. Chanderbhan, Alternate

ITC Staff

John D. Walker, Director
Carol Savage, Administrative Assistant (NOWCC Employee)

TSCA Interagency Testing Committee (7401M), Office of Pollution 
Prevention and Toxics, Environmental Protection Agency, 1200 
Pennsylvania Ave. NW., Washington, DC 20460-0001; email address: 
savage.carol@epa.gov; url: http://www.epa.gov/oppt/itc.

[FR Doc. 2012-30615 Filed 12-18-12; 8:45 am]
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