Decision on Request for Waiver From Testing, 72984-72985 [2014-28824]

Download as PDF 72984 Federal Register / Vol. 79, No. 236 / Tuesday, December 9, 2014 / Rules and Regulations CALIFORNIA—2006 24-HOUR PM2.5 NAAQS—Continued [Primary and secondary] Designation a Classification Designated area Date 1 Date 2 Type Type That portion of Yuba County which lies west of the line described as follows: (Mount Diablo Base and Meridian) Beginning at the intersection of the Yuba-Nevada county line and the range line common to ranges R7E and R8E, north to the southeast corner of township T18N R7E, then west along the township line common to T17N and T18N, then north along the range line common to ranges R6E and R7E, then west along the township line common to T19N and T18N to the Yuba-Butte County boundary. * * * * * * * a Includes Indian Country located in each county or area, except as otherwise specified. 1 This date is 30 days after November 13, 2009, unless otherwise noted. 2 This date is July 2, 2014, unless otherwise noted. * * * * * [FR Doc. 2014–28729 Filed 12–8–14; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 766 [EPA–HQ–OPPT–2014–0261; FRL–9919–05] Decision on Request for Waiver From Testing Environmental Protection Agency (EPA). ACTION: Decision on request for waiver from testing. AGENCY: EPA denied a request from Nation Ford Chemical (NFC) for a waiver from testing chloranil (2,3,5,6tetrachloro-2,5-cyclohexadiene-1,4dione). Regulations issued by EPA under the Toxic Substances Control Act (TSCA) require that specified chemical substances be tested to determine if they are contaminated with halogenated dibenzo-p-dioxins (HDDs) or halogenated dibenzofurans (HDFs), and that results be reported to EPA. However, the regulations allow for exclusion or waiver from these requirements if an appropriate application is submitted to EPA and is approved. EPA received a request for a waiver from these testing requirements from NFC. DATES: EPA denied the NFC waiver on October 17, 2014. ADDRESSES: The docket for this action, identified by docket identification (ID) rmajette on DSK2VPTVN1PROD with RULES SUMMARY: VerDate Sep<11>2014 12:49 Dec 08, 2014 Jkt 235001 number EPA–HQ–OPPT–2014–0261, is available at http://www.regulations.gov or at the Office of Pollution Prevention and Toxics Docket (OPPT Docket), Environmental Protection Agency Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 1301 Constitution Ave. NW., Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566–1744, and the telephone number for the OPPT Docket is (202) 566–0280. Please review the visitor instructions and additional information about the docket available at http://www.epa.gov/dockets. FOR FURTHER INFORMATION CONTACT: For technical information contact: Hiroshi Dodahara, National Program Chemicals Division (7404T), Office Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460–0001; telephone number: (202) 566–0507; email address: dodahara.hiroshi@ epa.gov. For general information contact: The TSCA-Hotline, ABVI-Goodwill, 422 South Clinton Ave., Rochester, NY 14620; telephone number: (202) 554– 1404; email address: TSCA-Hotline@ epa.gov. SUPPLEMENTARY INFORMATION: I. Does this action apply to me? This action is directed to the public in general. As such, the Agency has not attempted to describe the specific entities to which this action may apply. PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 Although others may be affected, this action applies directly to the submitter of the request for waiver. 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. II. Background A. What action is the Agency taking? This document announces the denial of the request from NFC for a waiver from testing under 40 CFR 766.32(a)(2)(ii) for chloranil (2,3,5,6tetrachloro-2,5-cyclohexadiene-1,4dione; Chemical Abstracts Service Registry Number (CASRN) 118–75–2). B. What is the Agency’s authority for taking this action? This document is issued under sections 4 and 8 of TSCA (15 U.S.C. 2603 and 2607). Under 40 CFR part 766, EPA requires testing of certain chemical substances to determine whether they may be contaminated with HDDs and HDFs. Under 40 CFR 766.32(a)(2)(ii), a waiver may be granted if, in the judgment of EPA, the cost of testing would drive the chemical substance off the market, or prevent resumption of manufacture or import of the chemical substance, if it is not currently manufactured, and the chemical substance will be produced so that no unreasonable risk will occur due to its manufacture, import, processing, distribution, use, or disposal. In this case, the manufacturer must submit to E:\FR\FM\09DER1.SGM 09DER1 Federal Register / Vol. 79, No. 236 / Tuesday, December 9, 2014 / Rules and Regulations EPA all data supporting the determination. Under 40 CFR 766.32(b), any request for a waiver must be made 60 days before resumption of manufacture or importation of a chemical substance not being manufactured, imported, or processed as of June 5, 1987. rmajette on DSK2VPTVN1PROD with RULES C. NFC Request for Waiver From Testing and Reporting Requirements EPA received submissions from NFC dated March 18, 2014 (Refs. 1 and 2), May 16, 2014 (Ref. 3), and August 7, 2014 (Ref. 4), which collectively requested that NFC be granted a waiver from the testing and reporting requirements of the ‘‘Polyhalogenated Dibenzo-p-Dioxins/Dibenzofurans; Testing and Reporting Requirements’’ (Dioxins/Furans Test Rule) 40 CFR part 766 for the import of chloranil. EPA published a notice of receipt of the waiver request and requested public comment in the Federal Register on June 17, 2014 (Ref. 5); the Agency received no public comments. The waiver request indicates that NFC intends to import chloranil, a chemical substance subject to testing under 40 CFR part 766, for the manufacture of a crude pigment. EPA determined that the information provided by NFC was insufficient to establish that any adverse economic impact from testing would likely be large enough to ‘‘drive the chemical substance off the market, or prevent resumption of manufacture or import of the chemical substance’’ (Ref. 6). EPA therefore denied NFC’s waiver request (Ref. 7). III. References The following is a listing of the documents that are specifically referenced in this document. The docket includes these documents and other information considered by EPA, including documents that are referenced within the documents that are included in the docket, even if the referenced document is not physically located in the docket. For assistance in locating these other documents, please consult the technical person listed under FOR FURTHER INFORMATION CONTACT. 1. NFC. Letter from Phillip McCarter to Wendy Cleland-Hamnett, EPA/ OPPT. March 18, 2014 (Received by EPA on March 27, 2014). 2. NFC. Technical Correction to Letter from Phillip McCarter to Wendy Cleland-Hamnett, EPA/OPPT. March 18, 2014 (Received by EPA on April 2, 2014). 3. NFC. Letter from Phillip McCarter to Tanya Hodge Mottley EPA/OPPT. May 16, 2014 (Received by EPA on May 21, 2014). VerDate Sep<11>2014 12:49 Dec 08, 2014 Jkt 235001 4. NFC. Letter from Phillip McCarter to Wendy Cleland-Hamnett, EPA/ OPPT. August 7, 2014 (Received by EPA on August 8, 2014). 5. Receipt of Request for Waiver from Testing; Proposed Rule. Federal Register (79 FR 34484, June 17, 2014) (FRL–9911–88). 6. EPA. Nation Ford Chemical Waiver Petition for Dioxin/Furan Test Rule Regarding Import of Chloranil— Economic Assessment (contains no confidential business information). October 9, 2014. 7. EPA. Letter from Wendy ClelandHamnett, EPA/OPPT, to Phillip McCarter, NFC. October 17, 2014. IV. Congressional Review Act (CRA) The Congressional Review Act (5 U.S.C. 801 et seq.), does not apply because this action is not a rule, for purposes of 5 U.S.C. 804(3). List of Subjects in 40 CFR Part 766 Environmental protection, Chloranil, Dibenzofurans, Dioxins, Hazardous substances. Dated: December 1, 2014. Wendy C. Hamnett, Director, Office of Pollution Prevention and Toxics. [FR Doc. 2014–28824 Filed 12–8–14; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF LABOR Office of Federal Contract Compliance Programs 41 CFR Parts 60–1, 60–2, 60–4, and 60– 50 RIN 1250–AA07 Implementation of Executive Order 13672 Prohibiting Discrimination Based on Sexual Orientation and Gender Identity by Contractors and Subcontractors Office of Federal Contract Compliance Programs, Labor. ACTION: Final rule. AGENCY: The Office of Federal Contract Compliance Programs (OFCCP) is revising the regulations implementing Executive Order (EO) 11246, as amended, in accordance with Executive Order (EO) 13672, ‘‘Further Amendments to Executive Order 11478, Equal Employment Opportunity in the Federal Government, and Executive Order 11246, Equal Employment Opportunity,’’ which was signed by President Barack Obama on July 21, 2014. EO 13672 amended EO 11246, SUMMARY: PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 72985 which previously only prohibited discrimination by Federal contractors and subcontractors on the bases of race, color, religion, sex, and national origin and required them to take affirmative measures to prevent discrimination on those bases from occurring. More specifically, EO 13672 amended section 202 and section 203 of EO 11246, by substituting the phrase ‘‘sex, sexual orientation, gender identity, or national origin’’ for ‘‘sex or national origin.’’ This final rule implements EO 13672 by making the same substitution wherever the phrase ‘‘sex or national origin’’ appears in the regulations implementing EO 11246. DATES: Effective date: These regulations are effective April 8, 2015. Applicability date: These regulations will apply to Federal contractors who hold contracts entered into or modified on or after April 8, 2015. FOR FURTHER INFORMATION CONTACT: Debra A. Carr, Director, Division of Policy and Program Development, Office of Federal Contract Compliance Programs, at 200 Constitution Avenue, NW., Room C–3325, Washington, DC 20210, or by calling (202) 693–0103 (voice) or (202) 693–1337(TTY). The alternative formats available for copies of this rule are large print and electronic file on computer disk. The rule also is available on the Internet on the Regulations.gov Web site at http:// www.regulations.gov or on the OFCCP Web site at http://www.dol.gov/ofccp. SUPPLEMENTARY INFORMATION: Executive Summary The Office of Federal Contract Compliance Programs (OFCCP) is a civil rights and worker protection agency that enforces Executive Order 11246, as amended, which, prior to the issuance of Executive Order 13672, prohibited employment discrimination by companies doing business with the Federal Government on the bases of race, color, religion, sex, and national origin and required those companies to take affirmative steps to ensure nondiscrimination on those grounds.1 On July 21, 2014, President Barack Obama issued EO 13672, ‘‘Further Amendments to Executive Order 11478, Equal Employment Opportunity in the Federal Government, and Executive Order 11246, Equal Employment 1 OFCCP also enforces the Vietnam Era Veterans’ Readjustment Assistance Act of 1974, as amended, 38 U.S.C. 4212, which requires affirmative action and prohibits employment discrimination against certain protected veterans and section 503 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination on the basis of disability and requires affirmative action on behalf of qualified individuals with disabilities. E:\FR\FM\09DER1.SGM 09DER1

Agencies

[Federal Register Volume 79, Number 236 (Tuesday, December 9, 2014)]
[Rules and Regulations]
[Pages 72984-72985]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-28824]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 766

[EPA-HQ-OPPT-2014-0261; FRL-9919-05]


Decision on Request for Waiver From Testing

AGENCY: Environmental Protection Agency (EPA).

ACTION: Decision on request for waiver from testing.

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SUMMARY: EPA denied a request from Nation Ford Chemical (NFC) for a 
waiver from testing chloranil (2,3,5,6-tetrachloro-2,5-cyclohexadiene-
1,4-dione). Regulations issued by EPA under the Toxic Substances 
Control Act (TSCA) require that specified chemical substances be tested 
to determine if they are contaminated with halogenated dibenzo-p-
dioxins (HDDs) or halogenated dibenzofurans (HDFs), and that results be 
reported to EPA. However, the regulations allow for exclusion or waiver 
from these requirements if an appropriate application is submitted to 
EPA and is approved. EPA received a request for a waiver from these 
testing requirements from NFC.

DATES: EPA denied the NFC waiver on October 17, 2014.

ADDRESSES: The docket for this action, identified by docket 
identification (ID) number EPA-HQ-OPPT-2014-0261, is available at 
http://www.regulations.gov or at the Office of Pollution Prevention and 
Toxics Docket (OPPT Docket), Environmental Protection Agency Docket 
Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 1301 
Constitution Ave. NW., Washington, DC. The Public Reading Room is open 
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal 
holidays. The telephone number for the Public Reading Room is (202) 
566-1744, and the telephone number for the OPPT Docket is (202) 566-
0280. Please review the visitor instructions and additional information 
about the docket available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: For technical information contact: 
Hiroshi Dodahara, National Program Chemicals Division (7404T), Office 
Pollution Prevention and Toxics, Environmental Protection Agency, 1200 
Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number: 
(202) 566-0507; email address: dodahara.hiroshi@epa.gov.
    For general information contact: The TSCA-Hotline, ABVI-Goodwill, 
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202) 
554-1404; email address: TSCA-Hotline@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. Does this action apply to me?

    This action is directed to the public in general. As such, the 
Agency has not attempted to describe the specific entities to which 
this action may apply. Although others may be affected, this action 
applies directly to the submitter of the request for waiver. 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.

II. Background

A. What action is the Agency taking?

    This document announces the denial of the request from NFC for a 
waiver from testing under 40 CFR 766.32(a)(2)(ii) for chloranil 
(2,3,5,6-tetrachloro-2,5-cyclohexadiene-1,4-dione; Chemical Abstracts 
Service Registry Number (CASRN) 118-75-2).

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

    This document is issued under sections 4 and 8 of TSCA (15 U.S.C. 
2603 and 2607).
    Under 40 CFR part 766, EPA requires testing of certain chemical 
substances to determine whether they may be contaminated with HDDs and 
HDFs. Under 40 CFR 766.32(a)(2)(ii), a waiver may be granted if, in the 
judgment of EPA, the cost of testing would drive the chemical substance 
off the market, or prevent resumption of manufacture or import of the 
chemical substance, if it is not currently manufactured, and the 
chemical substance will be produced so that no unreasonable risk will 
occur due to its manufacture, import, processing, distribution, use, or 
disposal. In this case, the manufacturer must submit to

[[Page 72985]]

EPA all data supporting the determination.
    Under 40 CFR 766.32(b), any request for a waiver must be made 60 
days before resumption of manufacture or importation of a chemical 
substance not being manufactured, imported, or processed as of June 5, 
1987.

C. NFC Request for Waiver From Testing and Reporting Requirements

    EPA received submissions from NFC dated March 18, 2014 (Refs. 1 and 
2), May 16, 2014 (Ref. 3), and August 7, 2014 (Ref. 4), which 
collectively requested that NFC be granted a waiver from the testing 
and reporting requirements of the ``Polyhalogenated Dibenzo-p-Dioxins/
Dibenzofurans; Testing and Reporting Requirements'' (Dioxins/Furans 
Test Rule) 40 CFR part 766 for the import of chloranil. EPA published a 
notice of receipt of the waiver request and requested public comment in 
the Federal Register on June 17, 2014 (Ref. 5); the Agency received no 
public comments. The waiver request indicates that NFC intends to 
import chloranil, a chemical substance subject to testing under 40 CFR 
part 766, for the manufacture of a crude pigment. EPA determined that 
the information provided by NFC was insufficient to establish that any 
adverse economic impact from testing would likely be large enough to 
``drive the chemical substance off the market, or prevent resumption of 
manufacture or import of the chemical substance'' (Ref. 6). EPA 
therefore denied NFC's waiver request (Ref. 7).

III. References

    The following is a listing of the documents that are specifically 
referenced in this document. The docket includes these documents and 
other information considered by EPA, including documents that are 
referenced within the documents that are included in the docket, even 
if the referenced document is not physically located in the docket. For 
assistance in locating these other documents, please consult the 
technical person listed under FOR FURTHER INFORMATION CONTACT.

1. NFC. Letter from Phillip McCarter to Wendy Cleland-Hamnett, EPA/
OPPT. March 18, 2014 (Received by EPA on March 27, 2014).
2. NFC. Technical Correction to Letter from Phillip McCarter to Wendy 
Cleland-Hamnett, EPA/OPPT. March 18, 2014 (Received by EPA on April 2, 
2014).
3. NFC. Letter from Phillip McCarter to Tanya Hodge Mottley EPA/OPPT. 
May 16, 2014 (Received by EPA on May 21, 2014).
4. NFC. Letter from Phillip McCarter to Wendy Cleland-Hamnett, EPA/
OPPT. August 7, 2014 (Received by EPA on August 8, 2014).
5. Receipt of Request for Waiver from Testing; Proposed Rule. Federal 
Register (79 FR 34484, June 17, 2014) (FRL-9911-88).
6. EPA. Nation Ford Chemical Waiver Petition for Dioxin/Furan Test Rule 
Regarding Import of Chloranil--Economic Assessment (contains no 
confidential business information). October 9, 2014.
7. EPA. Letter from Wendy Cleland-Hamnett, EPA/OPPT, to Phillip 
McCarter, NFC. October 17, 2014.

IV. Congressional Review Act (CRA)

    The Congressional Review Act (5 U.S.C. 801 et seq.), does not apply 
because this action is not a rule, for purposes of 5 U.S.C. 804(3).

List of Subjects in 40 CFR Part 766

    Environmental protection, Chloranil, Dibenzofurans, Dioxins, 
Hazardous substances.

    Dated: December 1, 2014.
Wendy C. Hamnett,
Director, Office of Pollution Prevention and Toxics.
[FR Doc. 2014-28824 Filed 12-8-14; 8:45 am]
BILLING CODE 6560-50-P