[Federal Register: February 25, 1998 (Volume 63, Number 37)]
[Rules and Regulations]               
[Page 9442-9443]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25fe98-22]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 721

[OPPTS-50629A; FRL-5769-1]
RIN 2070-AB27

 
Revocation of Significant New Use Rules for Certain Chemical 
Substances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is revoking significant new use rules (SNURs) for 12 
chemical substances promulgated under section 5(a)(2) of the Toxic 
Substances Control Act (TSCA). Based on the new data the Agency no 
longer finds that activities not described in the corresponding TSCA 
section 5(e) consent orders or the premanufacture notices (PMN) for 
these chemical substances may result in significant changes in human or 
environmental exposure.

DATES: This rule is effective March 27, 1998.
FOR FURTHER INFORMATION CONTACT: Susan B. Hazen, Director, 
Environmental Assistance Division (7408), Office of Pollution 
Prevention and Toxics, Environmental Protection Agency, Rm. E-543A, 401 
M St., SW., Washington, DC 20460, telephone: (202) 554-1404, TDD: (202) 
554-0551; e-mail: TSCA-Hotline@epamail.epa.gov.

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/).
    In the Federal Register referenced for each substance, OPPTS-50582, 
August 15, 1990 (55 FR 33303); OPPTS-50585, September 28, 1990 (55 FR 
39899); OPPTS-50589, April 17, 1991 (56 FR 15784); OPPTS-50601, 
September 23, 1992 (57 FR 44070); OPPTS-50613, October 4, 1993 (58 FR 
51706); and OPPTS-50620, March 1, 1995 (60 FR 11042) (FRL-4868-4), EPA 
issued a SNUR establishing significant new uses for the substances. 
Because of additional data EPA has received for these substances, EPA 
is revoking these SNURs.

I. Background

    The Agency proposed the revocation of these SNURs in the Federal 
Register of December 9, 1997 (62 FR 64795) (FRL-5752-9). The background 
and reasons for the revocation of each individual SNUR are set forth in 
the preamble to the proposed revocation. The comment period closed on 
January 8, 1998. The Agency received no comments concerning the 
proposed revocation. Therefore, EPA is revoking these rules.

II. Rationale for Revocation of the Rule

    During review of the PMNs submitted for the chemical substances 
that are the subject of this revocation, EPA concluded that regulation 
was warranted based on available information that indicated activities 
not described in the TSCA section 5(e) consent orders or the PMNs might 
result in significant changes in human or environmental exposure. Based 
on these findings, SNURs were promulgated.
    EPA has revoked those TSCA section 5(e) consent orders that are the 
bases for these SNURs and no longer finds that activities other than 
those described in the TSCA section 5(e) consent orders or the PMNs may 
result in significant changes in human or environmental exposure. The 
revocation of SNUR provisions for these substances is consistent with 
the findings set forth in the preamble to the proposed revocation of 
each individual SNUR.
    Therefore, EPA is revoking the SNUR provisions for these chemical 
substances. When this revocation becomes final, EPA will no longer 
require notice of intent to manufacture, import, or process these 
substances, except in the case where the PMN submitter has formally 
withdrawn the PMN. In addition, export notification under section 12(b) 
of TSCA will no longer be required.

III. 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-50629A (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 Confidential Business Information (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.

IV. Regulatory Assessment Requirements

    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 any prior consultation as 
specified by Executive Order 12875, entitled ``Enhancing the 
Intergovernmental Partnership'' (58 FR 58093, October 28, 1993), or 
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).

[[Page 9443]]

    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.

V. 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.

    Dated: February 13, 1998.

Ward Penberthy,

Acting 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. 721.700, 721.2840, 721.2860, 721.2880, 721.2940, 721.3200, 
721.4640, 721.5990, 721.8125, 721.9260, 721.9780, 721.9962   [Removed]

    2. By removing Sec. Sec. 721.700, 721.2840, 721.2860, 721.2880, 
721.2940, 721.3200, 721.4640, 721.5990, 721.8125, 721.9260, 721.9780, 
and 721.9962.

[FR Doc. 98-4791 Filed 2-24-98; 8:45 am]
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