Revocation of Significant New Uses of Metal Salts of Complex Inorganic Oxyacids, 15515-15517 [2015-06474]
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TKELLEY on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 80, No. 56 / Tuesday, March 24, 2015 / Rules and Regulations
in paragraphs (f) introductory text and
(f)(1) through (4) of this section must be
sent to the Administrator at the
appropriate address listed in § 63.13. If
acceptable to both the Administrator
and the owner or operator of an EGU,
these reports may be submitted on
electronic media. The Administrator
retains the right to require submittal of
reports subject to paragraphs (f)
introductory text and (f)(1) through (4)
of this section in paper format.
(6) Prior to April 16, 2017, all reports
subject to electronic submittal in
paragraphs (f) introductory text, (f)(1),
(2), and (4) shall be submitted to the
EPA at the frequency specified in those
paragraphs in electronic portable
document format (PDF) using the
ECMPS Client Tool. Each PDF version
of a submitted report must include
sufficient information to assess
compliance and to demonstrate that the
testing was done properly. The
following data elements must be entered
into the ECMPS Client Tool at the time
of submission of each PDF file:
(i) The facility name, physical
address, mailing address (if different
from the physical address), and county;
(ii) The ORIS code (or equivalent ID
number assigned by EPA’s Clean Air
Markets Division (CAMD)) and the
Facility Registry System (FRS) ID;
(iii) The EGU (or EGUs) to which the
report applies. Report the EGU IDs as
they appear in the CAMD Business
System;
(iv) If any of the EGUs in paragraph
(f)(6)(iii) of this section share a common
stack, indicate which EGUs share the
stack. If emissions data are monitored
and reported at the common stack
according to part 75 of this chapter,
report the ID number of the common
stack as it is represented in the
electronic monitoring plan required
under § 75.53 of this chapter;
(v) If any of the EGUs described in
paragraph (f)(6)(iii) of this section are in
an averaging plan under § 63.10009,
indicate which EGUs are in the plan and
whether it is a 30- or 90-day averaging
plan;
(vi) The identification of each
emission point to which the report
applies. An ‘‘emission point’’ is a point
at which source effluent is released to
the atmosphere, and is either a
dedicated stack that serves one of the
EGUs identified in paragraph (f)(6)(iii)
of this section or a common stack that
serves two or more of those EGUs. To
identify an emission point, associate it
with the EGU or stack ID in the CAMD
Business system or the electronic
monitoring plan (e.g., ‘‘Unit 2 stack,’’
‘‘common stack CS001,’’ or ‘‘multiple
stack MS001’’);
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(vii) The rule citation (e.g.,
§ 63.10031(f)(1), § 63.10031(f)(2), etc.)
for which the report is showing
compliance;
(viii) The pollutant(s) being addressed
in the report;
(ix) The reporting period being
covered by the report (if applicable);
(x) The relevant test method that was
performed for a performance test (if
applicable);
(xi) The date the performance test was
conducted (if applicable); and
(xii) The responsible official’s name,
title, and phone number.
*
*
*
*
*
[FR Doc. 2015–06152 Filed 3–23–15; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 721
[EPA–HQ–OPPT–2014–0702; FRL–9924–09]
RIN 2070–AB27
Revocation of Significant New Uses of
Metal Salts of Complex Inorganic
Oxyacids
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is revoking the
significant new use rule (SNUR)
promulgated under section 5(a)(2) of the
Toxic Substances Control Act (TSCA)
for two chemical substances that were
identified generically as metal salts of
complex inorganic oxyacids, which
were the subject of premanufacture
notices (PMNs) P–89–576 and P–89–
577. EPA issued a SNUR based on a
TSCA section 5(e) consent order
designating certain activities as
significant new uses. EPA has received
test data for the chemical substances
and is revoking the SNUR.
DATES: This final rule is effective May
26, 2015.
ADDRESSES: The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPPT–2014–0702, is
available at https://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
SUMMARY:
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15515
Docket is (202) 566–0280. Please review
the visitor instructions and additional
information about the docket available
at https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT: For
technical information contact: Jim
Alwood, Chemical Control Division,
Office of Pollution Prevention and
Toxics, Environmental Protection
Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460–0001; telephone
number: 202 564–8974; email address:
alwood.jim@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?
You may be potentially affected by
this action if you manufacture
(including import), process, or use the
chemical substances contained in this
rule. Potentially affected entities may
include, but are not limited to:
• Manufacturers or processors of the
chemical substances (NAICS codes 325
and 324110), e.g., chemical
manufacturing 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
§ 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 through pre-existing import
certification and export notification
rules 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 and 19 CFR
127.28. Chemical importers must certify
that the shipment of the chemical
substance complies with all applicable
rules and orders under TSCA. Importers
of chemicals subject to a SNUR must
certify their compliance with the SNUR
requirements. The EPA policy in
support of import certification appears
at 40 CFR part 707, subpart B. Importers
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15516
Federal Register / Vol. 80, No. 56 / Tuesday, March 24, 2015 / Rules and Regulations
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.
II. Background
TKELLEY on DSK3SPTVN1PROD with RULES
A. What action is the Agency taking?
In the Federal Register of December
17, 2014 (79 FR 75111) (FRL-9919-93),
EPA proposed a revocation of the SNUR
at 40 CFR 721.4680 for the chemical
substances identified generically as
metal salts of complex inorganic
oxyacids (PMNs P-89-576 and P-89577). This SNUR designated certain
activities as significant new uses based
on a TSCA section 5(e) consent order for
the PMNs that was issued under TSCA
sections 5(e)(1)(A)(i), and
5(e)(1)(A)(ii)(II) based on a finding that
the substances may be produced in
substantial quantities and there may be
significant (or substantial) human
exposure to the substances.
Subsequently, a manufacturer of the
PMN substances petitioned EPA to
revoke the SNUR based on the results of
the submitted acute dermal study, a 28day oral toxicity study, and
mutagenicity study for P-89-576. Based
on the results of the testing, EPA
determined that both substances have
inherently low toxicity. EPA received
one comment to the proposed SNUR
revocation supporting the finding that
the PMN substances have low toxicity.
EPA is now revoking the SNUR
pursuant to 40 CFR 721.185.
B. What is the Agency’s authority for
taking this action?
Upon conclusion of the review for
P-89-576 and P-89-577 in 1990, EPA
designated certain activities as
significant new uses based on a TSCA
section 5(e) consent order for the PMNs
that was issued under TSCA sections
5(e)(1)(A)(i), and 5(e)(1)(A)(ii)(II) based
on a finding that the substances may be
produced in substantial quantities and
there may be significant (or substantial)
human exposure to the substances.
Under § 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
§ 721.185(a)(1) through (a)(6).
Revocation may occur on EPA’s
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18:15 Mar 23, 2015
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initiative or in response to a written
request. Under § 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 § 721.185(a)(6) have been
satisfied for the chemical substances,
proposed the SNUR revocation, and
received a public comment supporting
the SNUR revocation; therefore, EPA is
revoking the SNUR for these chemical
substances. The significant new use
notification and the recordkeeping
requirements at 40 CFR 721.4680 will
terminate when the SNUR revocation
becomes effective. In addition, export
notification under TSCA section 12(b)
and 40 CFR part 707, subpart D
triggered by the SNUR will no longer be
required.
III. Statutory and Executive Order
Reviews
This rule will revoke or eliminate an
existing regulatory requirement and
does not contain any new or amended
requirements. As such, the Agency has
determined that this 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 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 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 will 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 rule
has neither Federalism implications,
because it will 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 will not have substantial direct effects
on one or more Indian Tribes, on the
relationship between the Federal
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Fmt 4700
Sfmt 4700
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.
This action is not subject to Executive
Order 1311, 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).
IV. Congressional Review Act (CRA)
Pursuant to the Congressional Review
Act (5 U.S.C. 801 et seq.), 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 action 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: March 12, 2015.
Maria J. Doa,
Director, Chemical Control Division.
Therefore, 40 CFR chapter I 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).
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Federal Register / Vol. 80, No. 56 / Tuesday, March 24, 2015 / Rules and Regulations
§ 721.4680
■
[Removed]
2. Remove § 721.4680.
[FR Doc. 2015–06474 Filed 3–23–15; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF ENERGY
48 CFR Part 970
RIN 1991–AC07
Acquisition Regulation: Technical and
Administrative Changes to Department
of Energy Acquisition Regulation
Department of Energy.
Final rule; technical
amendment.
AGENCY:
ACTION:
The Department of Energy
(DOE) is amending the Department of
Energy Acquisition Regulation (DEAR)
to make technical and administrative
changes to the DEAR by changing the
term ‘‘Work for Others’’ to ‘‘Strategic
Partnership Projects’’ and ‘‘WFO’’ to
‘‘SPP’’ in every instance where it
appears in the DEAR. This final rule
does not alter substantive rights or
obligations under current law.
DATES: Effective date: April 23, 2015.
FOR FURTHER INFORMATION CONTACT:
Lawrence Butler, (202) 287–1945 or
lawrence.butler@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
II. Section-by-Section Analysis
III. Procedural Requirements
A. Review Under Executive Order 12866
and 13563.
B. Review Under Executive Order 12988.
C. Review Under the Regulatory Flexibility
Act.
D. Review Under the Paperwork Reduction
Act.
E. Review Under the National
Environmental Policy Act.
F. Review Under Executive Order 13132.
G. Review Under the Unfunded Mandates
Reform Act of 1995.
H. Review Under the Treasury and General
Government Appropriations Act, 1999.
I. Review Under Executive Order 13211.
J. Review Under the Treasury and General
Government Appropriations Act, 2001.
K. Administrative Procedure Act
L. Congressional Notification
M. Approval by the Office of the Secretary
of Energy.
TKELLEY on DSK3SPTVN1PROD with RULES
I. Background
Since July 1991, DOE has officially
used the term ‘‘Work for Others’’ to
describe work performed by its national
laboratories for non-DOE entities,
including other Federal agencies,
universities, and the private sector.
Projects performed under the Work for
Others program provide solutions to
difficult technical challenges vital to
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18:15 Mar 23, 2015
Jkt 235001
maintaining strong national security and
promoting economic competitiveness.
To better convey the importance of
projects that the laboratories perform for
other entities, DOE has decided to
change the term ‘‘Work for Others
(WFO) to ‘‘Strategic Partnership Projects
(SPP)’’. The national laboratories/
plants/sites and DOE programs assisted
in determining the new name. This
change will take place immediately and
will be implemented throughout DOE
and its contractor community in the
coming months. None of these changes
are substantive or of a nature to cause
any significant expense for DOE or its
contractors.
II. Section-by-Section Analysis
DOE amends the DEAR as follows:
PART 970–DOE MANAGEMENT
AND OPERATING CONTRACTS
1. Section 970.1707, is revised to
change the term ‘‘Work for Others’’ to
‘‘Strategic Partnership Projects’’.
2. Section 970.1707–1, is revised to
change the term ‘‘Work for Others’’ to
‘‘Strategic Partnership Projects’’ and
change the title for DOE Order 481.1C.
3. Section 970.1707–2, is revised to
change the term ‘‘Work for Others’’ to
‘‘Strategic Partnership Projects’’.
4. Section 970.1707–3, is revised to
change the term ‘‘work for others’’ to
‘‘Strategic Partnership Projects’’ in both
the title and paragraph (a).
5. Section 970.1707–4, is revised to
change the term ‘‘Work for Others’’ to
‘‘Strategic Partnership Projects’’.
6. Section 970.3270, paragraph (a)(6),
is revised to change the term ‘‘Work for
others’’ to ‘‘Strategic Partnership
Projects’’.
7. Section 970.3501–2, is revised to
change the number and title for DOE
Order 481.1.
8. Section 970.5217–1, is revised to
change the clause title and date, and
change the term ‘‘Work for Others’’ to
‘‘Strategic Partnership Projects’’
throughout the clause.
9. Section 970.5227–1, paragraph
(b)(ii), is revised to change the term
‘‘Work for Others’’ to ‘‘Strategic
Partnership Projects’’.
10. Section 970.5227–2, paragraph
(b)(1)(ii), is revised to change the term
‘‘Work for Others’’ to ‘‘Strategic
Partnership Projects’’.
11. Section 970.5227–3, is revised to
change the term ‘‘Work for Others’’ to
‘‘Strategic Partnership Projects’’ and
‘‘WFO’’ to ‘‘SPP’’ throughout the clause.
12. Section 970.5227–11, paragraph
(c)(2)(viii), is revised to change the term
‘‘Work-for-Others’’ to ‘‘Strategic
Partnership Projects’’.
13. Section 970.5227–12, paragraph
(c)(1)(viii), is revised to change the term
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15517
‘‘Work-for-Others’’ to ‘‘Strategic
Partnership Projects’’.
14. Section 970.5232–6, is revised to
change the term ‘‘Work for Others’’ to
‘‘Strategic Partnership Projects’’.
15. Section 970.5235–1, paragraph (c),
is revised to change the term ‘‘Work for
Others’’ to ‘‘Strategic Partnership
Projects’’ and change the number and
title for DOE Order 481.1 in paragraph
(d).
III. Procedural Requirements
A. Review Under Executive Order 12866
and 13563
This regulatory action has been
determined not to be a ‘‘significant
regulatory action’’ under Executive
Order 12866, ‘‘Regulatory Planning and
Review,’’ 58 FR 51735 (October 4, 1993).
Accordingly, this final rule is not
subject to review under that Executive
Order by the Office of Information and
Regulatory Affairs (OIRA) of the Office
of Management and Budget (OMB).
DOE has also reviewed this regulation
pursuant to Executive Order 13563,
issued on January 18, 2011 (76 FR 3281
(Jan. 21, 2011)). Executive Order 13563
is supplemental to and explicitly
reaffirms the principles, structures, and
definitions governing regulatory review
established in Executive Order 12866.
To the extent permitted by law, agencies
are required by Executive Order 13563
to: (1) Propose or adopt a regulation
only upon a reasoned determination
that its benefits justify its costs
(recognizing that some benefits and
costs are difficult to quantify); (2) tailor
regulations to impose the least burden
on society, consistent with obtaining
regulatory objectives, taking into
account, among other things, and to the
extent practicable, the costs of
cumulative regulations; (3) select, in
choosing among alternative regulatory
approaches, those approaches that
maximize net benefits (including
potential economic, environmental,
public health and safety, and other
advantages; distributive impacts; and
equity); (4) to the extent feasible, specify
performance objectives, rather than
specifying the behavior or manner of
compliance that regulated entities must
adopt; and (5) identify and assess
available alternatives to direct
regulation, including providing
economic incentives to encourage the
desired behavior, such as user fees or
marketable permits, or providing
information upon which choices can be
made by the public.
DOE emphasizes as well that
Executive Order 13563 requires agencies
to use the best available techniques to
quantify anticipated present and future
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Agencies
[Federal Register Volume 80, Number 56 (Tuesday, March 24, 2015)]
[Rules and Regulations]
[Pages 15515-15517]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-06474]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 721
[EPA-HQ-OPPT-2014-0702; FRL-9924-09]
RIN 2070-AB27
Revocation of Significant New Uses of Metal Salts of Complex
Inorganic Oxyacids
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is revoking the significant new use rule (SNUR)
promulgated under section 5(a)(2) of the Toxic Substances Control Act
(TSCA) for two chemical substances that were identified generically as
metal salts of complex inorganic oxyacids, which were the subject of
premanufacture notices (PMNs) P-89-576 and P-89-577. EPA issued a SNUR
based on a TSCA section 5(e) consent order designating certain
activities as significant new uses. EPA has received test data for the
chemical substances and is revoking the SNUR.
DATES: This final rule is effective May 26, 2015.
ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPPT-2014-0702, is available at
https://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 https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT: For technical information contact: Jim
Alwood, Chemical Control Division, Office of Pollution Prevention and
Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460-0001; telephone number: 202 564-8974; email
address: alwood.jim@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?
You may be potentially affected by this action if you manufacture
(including import), process, or use the chemical substances contained
in this rule. Potentially affected entities may include, but are not
limited to:
Manufacturers or processors of the chemical substances
(NAICS codes 325 and 324110), e.g., chemical manufacturing 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 through pre-existing
import certification and export notification rules 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
and 19 CFR 127.28. Chemical importers must certify that the shipment of
the chemical substance complies with all applicable rules and orders
under TSCA. Importers of chemicals subject to a SNUR must certify their
compliance with the SNUR requirements. The EPA policy in support of
import certification appears at 40 CFR part 707, subpart B. Importers
[[Page 15516]]
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.
II. Background
A. What action is the Agency taking?
In the Federal Register of December 17, 2014 (79 FR 75111) (FRL-
9919-93), EPA proposed a revocation of the SNUR at 40 CFR 721.4680 for
the chemical substances identified generically as metal salts of
complex inorganic oxyacids (PMNs P-89-576 and P-89-577). This SNUR
designated certain activities as significant new uses based on a TSCA
section 5(e) consent order for the PMNs that was issued under TSCA
sections 5(e)(1)(A)(i), and 5(e)(1)(A)(ii)(II) based on a finding that
the substances may be produced in substantial quantities and there may
be significant (or substantial) human exposure to the substances.
Subsequently, a manufacturer of the PMN substances petitioned EPA to
revoke the SNUR based on the results of the submitted acute dermal
study, a 28-day oral toxicity study, and mutagenicity study for P-89-
576. Based on the results of the testing, EPA determined that both
substances have inherently low toxicity. EPA received one comment to
the proposed SNUR revocation supporting the finding that the PMN
substances have low toxicity. EPA is now revoking the SNUR pursuant to
40 CFR 721.185.
B. What is the Agency's authority for taking this action?
Upon conclusion of the review for P-89-576 and P-89-577 in 1990,
EPA designated certain activities as significant new uses based on a
TSCA section 5(e) consent order for the PMNs that was issued under TSCA
sections 5(e)(1)(A)(i), and 5(e)(1)(A)(ii)(II) based on a finding that
the substances may be produced in substantial quantities and there may
be significant (or substantial) human exposure to the substances. 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)(6) have been satisfied for the chemical substances, proposed
the SNUR revocation, and received a public comment supporting the SNUR
revocation; therefore, EPA is revoking the SNUR for these chemical
substances. The significant new use notification and the recordkeeping
requirements at 40 CFR 721.4680 will terminate when the SNUR revocation
becomes effective. In addition, export notification under TSCA section
12(b) and 40 CFR part 707, subpart D triggered by the SNUR will no
longer be required.
III. Statutory and Executive Order Reviews
This rule will revoke or eliminate an existing regulatory
requirement and does not contain any new or amended requirements. As
such, the Agency has determined that this 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
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 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 will 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 rule has neither Federalism implications, because it will
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 will 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. This action is not subject to
Executive Order 1311, 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).
IV. Congressional Review Act (CRA)
Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.),
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 action 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: March 12, 2015.
Maria J. Doa,
Director, Chemical Control Division.
Therefore, 40 CFR chapter I is amended as follows:
PART 721--[AMENDED]
0
1. The authority citation for part 721 continues to read as follows:
Authority: 15 U.S.C. 2604, 2607, and 2625(c).
[[Page 15517]]
Sec. 721.4680 [Removed]
0
2. Remove Sec. 721.4680.
[FR Doc. 2015-06474 Filed 3-23-15; 8:45 am]
BILLING CODE 6560-50-P