[Federal Register Volume 63, Number 174 (Wednesday, September 9, 1998)]
[Rules and Regulations]
[Pages 48127-48129]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-24142]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 721

[OPPTS-50628B; FRL-6020-7]
RIN 2070-AB27


Certain Chemical Substances; Removal of Significant New Use Rules

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is removing significant new use rules (SNUR) promulgated 
under section 5(a)(2) of the Toxic Substances Control Act (TSCA) for 
twelve chemical substances which were the subject of premanufacture 
notice (PMNs). EPA initially published the SNURs using direct final 
rulemaking procedures. EPA received a notice of intent to submit 
adverse comments on this rule. Therefore, the Agency is removing these 
rules, as required under the expedited SNUR rulemaking process (40 CFR 
part 721, subpart D). In a separate notice of proposed rulemaking in 
today's Federal Register, EPA is proposing a SNUR for these substances 
with a 30-day comment period.

EFFECTIVE DATE: This action is effective on September 9, 1998.

FOR FURTHER INFORMATION CONTACT: Susan B. Hazen, Director, 
Environmental Assistance Division (7408), Office of Pollution 
Prevention and Toxics, Environmental Protection Agency, Rm. E-531, 401 
M St., SW., Washington, DC 20460, telephone: (202) 554-1404, TDD: (202) 
554-0551; e-mail: TSCA-H[email protected].

SUPPLEMENTARY INFORMATION:
    Electronic Availability: Electronic copies of this document are 
available from the EPA Home Page at the Federal Register-Environmental 
Documents entry for this document under ``Laws and Regulations'' 
(http://www.epa.gov/fedrgstr/).

I. Background

    In the Federal Register of January 22, 1998 (63 FR 3393) (FRL-5720-
3), EPA issued several direct final SNURs, including SNURs for the 
twelve chemical substances which are the subject of this document. As 
described in Sec. 721.160, EPA is removing the

[[Page 48128]]

sections issued for these substances under direct final rulemaking 
procedures because the Agency received a notice to submit adverse 
comments. Pursuant to Sec. 721.160(a)(3)(ii), EPA is proposing a SNUR 
for these chemical substances elsewhere in today's Federal Register. 
For further information regarding EPA's expedited process for issuing 
SNURs, interested parties are directed to 40 CFR part 721, subpart D 
and the Federal Register of July 27, 1989 (54 FR 31314). The record for 
the direct final SNUR for these substances was established as docket 
control number OPPTS-50628. That record includes information considered 
by the Agency in developing this rule and the notice to submit adverse 
comments to which the Agency is responding with this notice of removing 
the twelve chemical substances. The docket control number for the 
removal is OPPTS-50628B. For more information refer to the proposal 
published elsewhere in today's Federal Register. The relevent portions 
of the original docket for the direct final SNUR are being incorporated 
under OPPTS-50628C, which is established for the proposed rule.

II. Public Record

    The official record for this rulemaking, as well as the public 
version, has been established for this rulemaking under docket control 
number OPPTS-50628B (including comments and data submitted 
electronically). A public version of this record, including printed, 
paper versions of electronic comments, which does not include any 
information claimed as CBI, is available for inspection from 12 noon to 
4 p.m., Monday through Friday, excluding legal holidays. The official 
rulemaking record is located in the TSCA Nonconfidential Information 
Center, Rm. NE-B607, 401 M St., SW., Washington, DC.

III. Regulatory Assessment Requirements

A. Certain Acts and Executive Orders

    This final rule revokes or eliminates an existing regulatory 
requirement and does not contain any new or amended requirements. As 
such, the Office of Management and Budget (OMB) has exempted these 
types of actions from review under Executive Order 12866, entitled 
Regulatory Planning and Review (58 FR 51735, October 4, 1993). Since 
this final rule does not impose any requirements, it does not contain 
any information collections subject to approval under the Paperwork 
Reduction Act (PRA), 44 U.S.C. 3501 et seq., or require any other 
action under Title II of the Unfunded Mandates Reform Act of 1995 
(UMRA) (Pub. L. 104-4). Nor does it require special considerations 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) or require OMB review in 
accordance with Executive Order 13045, entitled Protection of Children 
from Environmental Health Risks and Safety Risks (62 FR 19885, April 
23, 1997).
    In addition, pursuant to section 605(b) of the Regulatory 
Flexibility Act (RFA) (5 U.S.C. 601 et seq.), the Agency has determined 
that SNUR revocations, which eliminate requirements without imposing 
any new ones, have no adverse economic impacts. The Agency's generic 
certification for SNUR revocations appears on June 2, 1997 (62 FR 
29684) (FRL-5597-1) and was provided to the Chief Counsel for Advocacy 
of the Small Business Administration.

B. Executive Order 12875

    Under Executive Order 12875, entitled Enhancing Intergovernmental 
Partnerships (58 FR 58093, October 28, 1993), EPA may not issue a 
regulation that is not required by statute and that creates a mandate 
upon a State, local or tribal government, unless the Federal government 
provides the funds necessary to pay the direct compliance costs 
incurred by those governments. If the mandate is unfunded, EPA must 
provide to OMB a description of the extent of EPA's prior consultation 
with representatives of affected State, local and tribal governments, 
the nature of their concerns, copies of any written communications from 
the governments, and a statement supporting the need to issue the 
regulation. In addition, Executive Order 12875 requires EPA to develop 
an effective process permitting elected officials and other 
representatives of State, local and tribal governments ``to provide 
meaningful and timely input in the development of regulatory proposals 
containing significant unfunded mandates.''
    Today's rule does not create an unfunded federal mandate on State, 
local or tribal governments. The rule does not impose any enforceable 
duties on these entities. Accordingly, the requirements of section 1(a) 
of Executive Order 12875 do not apply to this rule.

C. Executive Order 13084

    Under Executive Order 13084, entitled Consultation and Coordination 
with Indian Tribal Governments (63 FR 27655, May 19,1998), EPA may not 
issue a regulation that is not required by statute, that significantly 
or uniquely affects the communities of Indian tribal governments, and 
that imposes substantial direct compliance costs on those communities, 
unless the Federal government provides the funds necessary to pay the 
direct compliance costs incurred by the tribal governments. If the 
mandate is unfunded, EPA must provide OMB, in a separately identified 
section of the preamble to the rule, a description of the extent of 
EPA's prior consultation with representatives of affected tribal 
governments, a summary of the nature of their concerns, and a statement 
supporting the need to issue the regulation. In addition, Executive 
Order 13084 requires EPA to develop an effective process permitting 
elected and other representatives of Indian tribal governments ``to 
provide meaningful and timely input in the development of regulatory 
policies on matters that significantly or uniquely affect their 
communities.''
    Today's rule does not significantly or uniquely affect the 
communities of Indian tribal governments. This action does not involve 
or impose any requirements that affect Indian Tribes. Accordingly, the 
requirements of section 3(b) of Executive Order 13084 do not apply to 
this rule.

IV. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. This rule is not a 
``major rule'' as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 721

    Environmental protection, Chemicals, Hazardous substances, 
Reporting and recordkeeping requirements.


[[Page 48129]]


    Dated: August 31, 1998.

Charles M. Auer,

Director, Chemical Control Division, Office of Pollution Prevention and 
Toxics.

    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 2625(c).

Sec. Sec. 721.526, 721.528, 721.567, 721.637, 721.658, 721.2082, 
721.5725, 721.6197   [Removed]

    2. By removing Sec. Sec. 721.526, 721.528, 721.567, 721.637, 
721.658, 721.2082, 721.5725, and 721.6197.

[FR Doc. 98-24142 Filed 9-8-98; 8:45 am]
BILLING CODE 6560-50-F