[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]


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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.

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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