[Federal Register Volume 59, Number 107 (Monday, June 6, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-13678] [[Page Unknown]] [Federal Register: June 6, 1994] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 721 [OPPTS-50601C; FRL-4746-7] Fluorene Substituted Aromatic Amine; Modification of a Significant New Use Rule AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: EPA is modifying a significant new use rule (SNUR) promulgated under section 5(a)(2) of the Toxic Substances Control Act (TSCA) for a fluorene substituted aromatic amine based on a modification to the TSCA section 5(e) consent order regulating that chemical substance. EFFECTIVE DATE: The effective date of this rule is July 6, 1994. FOR FURTHER INFORMATION CONTACT: Susan B. Hazen, Director, Environmental Assistance Division (7408), Office of Pollution Prevention and Toxics, Environmental Protection Agency, Rm. E-543B, 401 M St., SW., Washington, DC 20460, Telephone: (202) 554-1404, TDD: (202) 554-0551. SUPPLEMENTARY INFORMATION: In the Federal Register of September 23, 1992 (57 FR 44050), EPA issued a SNUR establishing significant new uses for fluorene substituted aromatic amine (P-91-43). Because of the modification to the consent order for this substance, EPA is modifying this SNUR. I. Background The Agency proposed the modification of the SNUR for this substance in the Federal Register of July 28, 1993 (58 FR 40397). The background and reasons for the modification of the SNUR are set forth in the preamble to the proposed modification. The Agency received no public comment concerning the proposed modification. As a result EPA is modifying this SNUR. II. Rationale for Modification of the Rule During review of the PMN submitted for the chemical substance that is the subject of this modification, EPA concluded that regulation was warranted under section 5(e) of TSCA pending the development of information sufficient to make a reasoned evaluation of the health and environmental effects of the substance, and EPA identified the tests considered necessary to evaluate the potential risks of the chemical substance. Specifically, EPA concluded that dermal and respiratory protection, hazard communication requirements, limiting uses to industrial uses only, a production volume limit, and a prohibition against releases to surface waters were necessary to control the potential unreasonable risks of the substance. Based on these findings, a section 5(e) consent order was negotiated with the PMN submitter and a SNUR was promulgated. In light of data received for an analogous substance which indicates that the PMN substance is not expected to cause retinopathy, the submitter petitioned, and EPA determined, that the requirement that labels and Material Safety Data Sheets (MSDSs) indicate that the PMN substance may cause blindness and that eye protection should be worn when handling the substance was no longer appropriate and hence, was unnecessary to protect human health. The section 5(e) order modification eliminated that labeling and MSDS requirement based on the finding of no retinopathy effects. The modification of SNUR provisions for the substance designated herein is consistent with the modification of the section 5(e) order. III. Rulemaking Record The record for the rule which EPA is modifying was established at OPPTS-50601. This record includes information considered by the Agency in developing this rule and includes the modification to the consent order to which the Agency has responded with this proposal. IV. Regulatory Assessment Requirements A. Executive Order 12866 Under Executive Order 12866 (58 FR 51735, October 4, 1993), the Agency must determine whether the regulatory action is ``significant'' and therefore subject to review by the Office of Management and Budget (OMB) and the requirements of the Executive Order. Under section 3(f), the order defines a ``significant regulatory action'' as an action that is likely to result in a rule: (1) Having an annual effect on the economy of $100 million or more, or adversely and materially affecting a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local or tribal governments or communities (also referred to as ``economically significant''); (2) creating serious inconsistency or otherwise interfering with an action taken or planned by another agency; (3) materially altering the budgetary impacts of entitlement, grants, user fees, or loan programs or the rights and obligations of recipients thereof; or (4) raising novel legal or policy issues arising out of legal mandates, the President's priorities, or the principles set forth in this Executive Order. Pursuant to the terms of this Executive Order, EPA has determined that this rule is not ``significant'' and is therefore not subject to OMB review. B. Regulatory Flexibility Act Under the Regulatory Flexibility Act (5 U.S.C. 605(b)), EPA has determined that this rule would not have a significant impact on a substantial number of small businesses. EPA has not determined whether parties affected by this rule would likely be small businesses. However, EPA expects to receive few SNUR notices for the substance. Therefore, EPA believes that the number of small businesses affected by this rule will not be substantial, even if all of the SNUR notice submitters were small firms. C. Paperwork Reduction Act The information collection requirements contained in this rule have been approved by OMB under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), and have been assigned OMB control number 2070-0012. Public reporting burden for this collection of information is estimated to vary from 30 to 170 hours per response, with an average of 100 hours per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. List of Subjects in 40 CFR Part 721 Environmental protection, Chemicals, Hazardous materials, Recordkeeping and reporting requirements, Significant new uses. Dated: May 24, 1994. Lynn R. Goldman, Assistant Administrator for Prevention, Pesticides and Toxic Substances. Therefore, 40 CFR part 721 is 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 2635(c). 2. In Sec. 721.3764 by revising paragraph (a)(2)(ii) to read as follows: Sec. 721.3764 Fluorene substituted aromatic amine. (a) * * * (2) * * * (ii) Hazard communication program. Requirements as specified in Sec. 721.72(a), (b), (c), (d), (e) (concentration set at 0.1 percent), (f), (g)(1)(iv), (g)(1)(vi), (g)(1)(vii), (g)(2)(i), (g)(2)(ii), (g)(2)(iii), (g)(2)(iv), (g)(2)(v), (g)(3)(i), (g)(3)(ii), (g)(4)(iii), and (g)(5). * * * * * [FR Doc. 94-13678 Filed 6-3-94; 8:45 am] BILLING CODE 6560-50-F