[Federal Register Volume 76, Number 91 (Wednesday, May 11, 2011)]
[Proposed Rules]
[Pages 27294-27296]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-11208]



 40 CFR Part 721

[EPA-HQ-OPPT-2011-0109; FRL-8871-3]
RIN 2070-AB27

Proposed Revocation of the Significant New Use Rule on a Certain 
Chemical Substance

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.


SUMMARY: EPA is proposing to revoke a significant new use rule (SNUR) 
promulgated under section 5(a)(2) of the Toxic Substances Control Act 
(TSCA) for a chemical substance identified generically as substituted 
ethoxyethylamine phosphonate, which was the subject of premanufacture 
notice (PMN) P-95-1950. EPA issued a ``non-5(e)'' SNUR (i.e. SNUR on a 
substance that is not subject to a TSCA section 5(e) consent order), 
designating certain activities as significant new uses based on the 
concern criteria. EPA has received and reviewed new information and 
test data for the chemical substance and proposes to revoke the SNUR.

DATES: Comments must be received on or before June 10, 2011.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPPT-2011-0109, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the on-line instructions for submitting comments.
     Mail: Document Control Office (7407M), Office of Pollution 
Prevention and Toxics (OPPT), Environmental Protection Agency, 1200 
Pennsylvania Ave., NW., Washington, DC 20460-0001.
     Hand Delivery: OPPT Document Control Office (DCO), EPA 
East Bldg., Rm. 6428, 1201 Constitution Ave., NW., Washington, DC. 
Attention: Docket ID Number EPA-HQ-OPPT-2011-0109. The DCO is open from 
8 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The 
telephone number for the DCO is (202) 564-8930. Such deliveries are 
only accepted during the DCO's normal hours of operation, and special 
arrangements should be made for deliveries of boxed information.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPPT-
2011-0109. EPA's policy is that all comments received will be included 
in the docket without change and may be made available on-line at 
http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The regulations.gov Web site is an ``anonymous access'' system, 
which means EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through regulations.gov, 
your e-mail address will be automatically captured and included as part 
of the comment that is placed in the docket and made available on the 
Internet. If you submit an electronic comment, EPA recommends that you 
include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the docket index 
available at http://www.regulations.gov. Although listed in the index, 
some information is not publicly available, e.g., CBI or other 
information whose disclosure is restricted by statute. Certain other 
material, such as copyrighted material, will be publicly available only 
in hard copy. Publicly available docket materials are available 
electronically at http://www.regulations.gov, or, if only available in 
hard copy, at the OPPT Docket. The OPPT Docket is located in the EPA 
Docket Center (EPA/DC) at Rm. 3334, EPA West Bldg., 1301 Constitution 
Ave., NW., Washington, DC. The EPA/DC Public Reading Room hours of 
operation are 8:30 a.m. to

[[Page 27295]]

4:30 p.m., Monday through Friday, excluding legal holidays. The 
telephone number of the EPA/DC Public Reading Room is (202) 566-1744, 
and the telephone number for the OPPT Docket is (202) 566-0280. Docket 
visitors are required to show photographic identification, pass through 
a metal detector, and sign the EPA visitor log. All visitor bags are 
processed through an X-ray machine and subject to search. Visitors will 
be provided an EPA/DC badge that must be visible at all times in the 
building and returned upon departure.

FOR FURTHER INFORMATION CONTACT: For technical information contact: 
Virginia Lee, Chemical Control Division (7405 M), Office of Pollution 
Prevention and Toxics, Environmental Protection Agency, 1200 
Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number: 
(202) 564-4142; e-mail address: lee.virginia@epa.gov.
    For general information contact: The TSCA-Hotline, ABVI-Goodwill, 
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202) 
554-1404; e-mail address: TSCA-Hotline@epa.gov.


I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you manufacture, 
import, process, or use the chemical substance contained in this 
proposed rule. Potentially affected entities may include, but are not 
limited to:
     Manufacturers, importers, or processors of the subject 
chemical substance (NAICS codes 325 and 324110), e.g., chemical 
manufacturers and petroleum refineries. This listing is not intended to 
be exhaustive, but rather provides a guide for readers regarding 
entities likely to be affected by this action. Other types of entities 
not listed in this unit could also be affected. The North American 
Industrial Classification System (NAICS) codes have been provided to 
assist you and others in determining whether this action might apply to 
certain entities. To determine whether you or your business may be 
affected by this action, you should carefully examine the applicability 
provisions in Sec.  721.5. If you have any questions regarding the 
applicability of this action to a particular entity, consult the 
technical person listed under FOR FURTHER INFORMATION CONTACT.
    This action may also affect certain entities because of import 
certification and export notification requirements under TSCA. Chemical 
importers are subject to the TSCA section 13 (15 U.S.C. 2612) import 
certification requirements promulgated at 19 CFR 12.118 through 12.127; 
see also 19 CFR 127.28. Chemical importers must certify that the 
shipment of the chemical substance complies with all applicable rules 
and orders under TSCA. The EPA policy in support of import 
certification appears at 40 CFR part 707, subpart B. Importers of the 
chemical, the subject of this action, would no longer be required to 
certify compliance with the SNUR requirements if the revocation becomes 
effective. In addition, if this proposed SNUR revocation becomes 
effective, persons who export or intend to export the chemical that is 
the subject of this action would no longer be subject to the TSCA 
section 12(b) (15 U.S.C. 2611(b)) export notification requirements at 
40 CFR part 707, that are currently triggered by the SNUR.

B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through 
regulations.gov or e-mail. Clearly mark the part or all of the 
information that you claim to be CBI. For CBI information in a disk or 
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as 
CBI and then identify electronically within the disk or CD-ROM the 
specific information that is claimed as CBI. In addition to one 
complete version of the comment that includes information claimed as 
CBI, a copy of the comment that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments, 
remember to:
    i. Identify the document by docket ID number and other identifying 
information (subject heading, Federal Register date and page number).
    ii. Follow directions. The Agency may ask you to respond to 
specific questions or organize comments by referencing a Code of 
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information 
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
    vi. Provide specific examples to illustrate your concerns and 
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period 
deadline identified.

II. Background

A. What action is the agency taking?

    In the Federal Register of January 22, 1998 (63 FR 3393) (FRL-5720-
3), EPA promulgated a SNUR at 40 CFR 721.6078 for the chemical 
substance identified generically as substituted ethoxyethylamine 
phosphonate (PMN P-95-1950). This SNUR designated certain activities as 
significant new uses based on the environmental effect criteria 
identified in Sec.  721.170(b)(4)(ii) for analogous polyanionic 
monomers. EPA has received and reviewed aquatic toxicity test data for 
the chemical substance and based on its review of these data, EPA now 
proposes to revoke the SNUR pursuant to Sec.  721.185. In this unit, 
EPA provides a brief description of this chemical substance, including 
the PMN number, generic chemical name, the Federal Register publication 
date and reference, the docket number, the basis for revoking the SNUR 
under Sec.  721.185, and the CFR citation of the SNUR.
PMN Number P-95-1950
    Chemical name: Substituted ethoxyethylamine phosphonate (generic).
    CAS number: Not available.
    Federal Register publication date and reference: January 22, 1998 
(63 FR 3393).
    Docket number: OPPTS-50628.
    Basis for revocation of SNUR: EPA issued a SNUR for this substance 
based on the environmental effect criteria at Sec.  721.170(b)(4)(ii) 
for analogous polyanionic monomers. Subsequently, the PMN submitter 
petitioned EPA to revoke the SNUR based on the results of submitted 
aquatic toxicity testing in fish, daphnids, and algae. The aquatic 
toxicity testing demonstrated that the substance has inherently low 
toxicity, mitigating EPA's concern for toxicity to aquatic organisms. 
Therefore, EPA rescinds its finding that releases to water resulting in 
stream concentrations that exceed 30 parts per billion (ppb) may cause 
significant adverse environmental effects. Based on available 
information, the substance no longer meets the concern criteria at 
Sec.  721.170(b)(4)(ii). Therefore, EPA proposes that the SNUR for this

[[Page 27296]]

chemical substance be revoked pursuant to Sec.  721.185(a)(4).
    CFR citation: 40 CFR 721.6078.

B. What is the agency's authority for taking this action?

    Section 5(a)(2) of TSCA (15 U.S.C. 2604(a)(2)) authorizes EPA to 
determine that a use of a chemical substance is a ``significant new 
use.'' EPA must make this determination by rule after considering all 
relevant factors, including those listed in TSCA section 5(a)(2). Once 
EPA determines that a use of a chemical substance is a significant new 
use, TSCA section 5(a)(1)(B) requires persons to submit a significant 
new use notice (SNUN) to EPA at least 90 days before they manufacture, 
import, or process the chemical substance for that use. The mechanism 
for reporting under this requirement is established under Sec.  721.5.
    Upon conclusion of the review for P-95-1950, based on the concern 
criteria in Sec.  721.170(b)(4)(ii) discussed in Unit II.A., EPA 
determined that there was a concern for potential environmental effects 
of the substance at a concentration as low as 30 ppb of the PMN 
substance in surface waters and promulgated a non-5(e) SNUR for this 
chemical substance.
    Under Sec.  721.185, EPA may at any time revoke a SNUR for a 
chemical substance which has been added to subpart E of 40 CFR part 721 
if EPA makes one of the determinations set forth in Sec.  721.185(a)(1) 
through (a)(6). Revocation may occur on EPA's initiative or in response 
to a written request. Under Sec.  721.185(b)(3), if EPA concludes that 
a SNUR should be revoked, the Agency will propose the changes in the 
Federal Register, briefly describe the grounds for the action, and 
provide interested parties an opportunity to comment.
    EPA has determined that the criteria set forth in Sec.  
721.185(a)(4) have been satisfied for the chemical substance; 
therefore, EPA is proposing to revoke the SNUR for this chemical 
substance. The significant new use notification and the recordkeeping 
requirements at 40 CFR 721.6078 would terminate if and when this 
proposed revocation becomes effective. In addition, export notification 
under TSCA section 12(b) and 40 CFR part 707, subpart D triggered by 
the SNUR would no longer be required.

III. Statutory and Executive Order Reviews

    This proposed rule would revoke or eliminate an existing regulatory 
requirement and does not contain any new or amended requirements. As 
such, the Agency has determined that this proposed SNUR revocation 
would not have any adverse impacts, economic or otherwise.
    The Office of Management and Budget (OMB) has exempted these types 
of regulatory actions from review under Executive Order 12866, entitled 
Regulatory Planning and Review (58 FR 51735, October 4, 1993). This 
proposed rule does not contain any information collections subject to 
approval under the Paperwork Reduction Act (PRA), (44 U.S.C. 3501 et 
seq.). Since this proposed rule eliminates a reporting requirement, the 
Agency certifies pursuant to section 605(b) of the Regulatory 
Flexibility Act (RFA) (5 U.S.C. 601 et seq.), that this SNUR revocation 
would not have a significant economic impact on a substantial number of 
small entities.
    For the same reasons, this action does not require any action under 
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) (Pub. L. 
104-4). This proposed rule has neither Federalism implications, because 
it would not have substantial direct effects on States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government, as specified in Executive Order 13132, entitled Federalism 
(64 FR 43255, August 10, 1999), nor Tribal implications, because it 
would not have substantial direct effects on one or more Indian Tribes, 
on the relationship between the Federal Government and Indian Tribes, 
or on the distribution of power and responsibilities between the 
Federal Government and Indian Tribes, as specified in Executive Order 
13175, entitled Consultation and Coordination with Indian Tribal 
Governments (65 FR 67249, November 9, 2000).
    This action is not subject to Executive Order 13045, entitled 
Protection of Children from Environmental Health Risks and Safety Risks 
(62 FR 19885, April 23, 1997), because this is not an economically 
significant regulatory action as defined under Executive Order 12866, 
and it does not address environmental health or safety risks 
disproportionately affecting children. It is not subject to Executive 
Order 13211, entitled Actions Concerning Regulations That Significantly 
Affect Energy Supply, Distribution, or Use (66 FR 28355, May 22, 2001), 
because this action is not expected to affect energy supply, 
distribution, or use. Because this action does not involve any 
technical standards, section 12(d) of the National Technology Transfer 
and Advancement Act of 1995 (NTTAA), Public Law 104-113, section 12(d) 
(15 U.S.C. 272 note), does not apply to this action. This action does 
not involve special considerations of environmental justice related 
issues 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).

List of Subjects in 40 CFR Part 721

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

    Dated: April 29, 2011.
Wendy C. Hamnett,
Director, Office of Pollution Prevention and Toxics.

    Therefore, it is proposed that 40 CFR part 721 be amended as 


    1. The authority citation for part 721 continues to read as 

    Authority: 15 U.S.C. 2604, 2607, and 2625(c).

Sec.  721.6078  [Removed]

    2. Remove Sec.  721.6078.

[FR Doc. 2011-11208 Filed 5-10-11; 8:45 am]