[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]
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