[Federal Register Volume 62, Number 100 (Friday, May 23, 1997)] [Rules and Regulations] [Page 28368] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 97-13646] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 799 [OPPTS-42150C; FRL-5712-3] RIN 2070-AB94 Testing Consent Order For Phenol AGENCY: Environmental Protection Agency (EPA). ACTION: Removal of direct final rule. ----------------------------------------------------------------------- SUMMARY: On January 17, 1997, EPA published a document (62 FR 2607) which, among other things, announced a testing consent order (Order) that incorporated an enforceable consent agreement (ECA) concluded between EPA and 14 specified companies. In the ECA, the companies agreed to perform certain health effects tests on phenol (CAS No. 108- 95-2). In addition, the January 17 document included a direct final rule which added phenol to the list of chemicals subject to testing consent orders and hence subject to export notification requirements. This action was published without prior proposal. EPA has received adverse comment with respect to making entities that are not signatory to the ECA subject to export notification requirements for phenol. Accordingly, EPA is removing the export notification rule (but not the Order or the ECA) and intends to issue a proposed rule addressing the export notification issue. EFFECTIVE DATE: May 23, 1997. FOR FURTHER INFORMATION CONTACT: Susan B. Hazen, Director, Environmental Assistance Division (7408), Rm. E-543B, 401 M St., SW., Washington, DC 20460, (202) 554-1404, TDD (202) 554-0551; e-mail: TSCA- H[email protected]. For specific information regarding this removal, contact: Keith J. Cronin, Project Manager, Chemical Control Division (7405), Office of Pollution Prevention and Toxics, U.S. Environmental Protection Agency, 401 M St., SW., Washington, DC 20460; telephone: (202) 260-8157; fax: (202) 260-1096; email: [email protected]. SUPPLEMENTARY INFORMATION: On January 17, 1997 (62 FR 2607), EPA published a document which, among other things, announced a testing consent order (Order) that incorporated an enforceable consent agreement (ECA) that was concluded, pursuant to section 4 of the Toxic Substances Control Act, between EPA and AlliedSignal Inc., Aristech Chemical Corporation, The Dow Chemical Company, Dakota Gasification Company, Georgia Gulf Corporation, General Electric Company, GIRSA, Inc., JLM Chemicals, Inc., Kalama Chemical, Inc., Merichem Company, Mitsubishi International Corporation, Mitsui Co. (U.S.A.), Inc., Shell Chemical Company, and Texaco Refining Marketing Inc. (collectively the Companies). In the ECA, the Companies agreed to perform certain health effects tests on phenol (CAS No. 108-95-2). In addition, the January 17 document included a direct final rule which would have added phenol to the list of chemical substances and mixtures in 40 CFR 799.5000 that are subject to testing consent orders and for which export notification is required under 40 CFR 799.19. This action, which would have made export notification requirements applicable to all exporters of phenol, was published without prior proposal in the Federal Register. However, EPA indicated that if the Agency received any adverse comments on the addition of phenol to the list of chemicals contained in 40 CFR 799.5000, EPA would withdraw the rule. Instead, EPA would issue a proposed rule addressing this issue and would provide a 30-day period for public comment. EPA has received adverse comment with respect to the imposition of export notification requirements for phenol on exporters of phenol that are not signatory to the ECA. By this document, EPA is removing the export notification rule. EPA intends to issue a proposed rule addressing the export notification issue and provide a 30-day period for public comment. The removal of the rule does not affect the validity of either the Order or the ECA. The ECA includes testing requirements and export notification requirements which apply to the Companies. List of Subjects in 40 CFR Part 799 Chemicals, Chemical export, Environmental protection, Hazardous substances, Health effects, Laboratories, Reporting and recordkeeping requirements, and Testing. For the reasons set forth in the preamble, 40 CFR part 799 is amended as follows: 1. The authority citation for part 799 continues to read as follows: Authority: 15 U.S.C. 2603, 2611, 2625. Sec. 799.5000 [Amended] 2. The table in Sec. 799.5000 is amended by removing the entry for CAS Number 108-95-2, phenol. Dated: May 5, 1997. Lynn R. Goldman, Assistant Administrator for Prevention, Pesticides, and Toxic Substances. [FR Doc. 97-13646 Filed 5-22-97; 8:45 am] BILLING CODE 6560-50-F