Polymer of Substituted Aryl Olefin; Significant New Use Rule

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 721

[OPPTS-50603C; FRL-4752-2]

RIN 2070-AB27

Polymer of Substituted Aryl Olefin; Significant New Use Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is issuing a significant new use rule (SNUR) under section

5(a)(2) of the Toxic Substances Control Act (TSCA) for the chemical

substance described generically as a polymer of substituted aryl olefin

which is the subject of premanufacture notice (PMN) P-85-612, and which

is subject to a TSCA section 5(e) consent order issued by EPA. This

rule would require persons who intend to manufacture, import, or

process this substance for a significant new use to notify EPA at least

90 days before commencing any manufacturing, importing, or processing

activities for a use designated by this SNUR as a significant new use.

The required notice would provide EPA with the opportunity to evaluate

the intended use and, if necessary, to prohibit or limit that activity

before it can occur.

EFFECTIVE DATES: The effective date of this rule is October 3, 1994.

This rule shall be promulgated for purposes of judicial review at 1

p.m. Eastern Standard Time on August 16, 1994.

FOR FURTHER INFORMATION CONTACT: Susan B. Hazen, Director,

Environmental Assistance Division (7408), Office of Pollution

Prevention and Toxics, Environmental Protection Agency, Rm. E-543B, 401

M St., SW., Washington, DC 20460, Telephone: (202) 554-1404, TDD: (202)

554-0551.

SUPPLEMENTARY INFORMATION: This SNUR would require persons to notify

EPA at least 90 days before commencing the manufacture, import, or

processing of a polymer of substituted aryl olefin (P-85-612) for the

significant new uses designated herein. The required notice would

provide EPA with information with which to evaluate an intended use and

associated activities.

I. Authority

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 section 5(a)(2). Once EPA

determines that a use of a chemical substance is a significant new use,

section 5(a)(1)(B) of TSCA requires persons to submit a notice to EPA

at least 90 days before they manufacture, import, or process the

chemical substance for that use. Section 26(c) of TSCA authorizes EPA

to take action under section 5(a)(2) with respect to a category of

chemical substances.

Persons subject to this SNUR would comply with the same notice

requirements and EPA regulatory procedures as submitters of

premanufacture notices under section 5(a)(1) of TSCA. In particular,

these requirements include the information submission requirements of

section 5(b) and (d)(1), the exemptions authorized by section 5(h)(1),

(h)(2), (h)(3), and (h)(5), and the regulations at 40 CFR part 720.

Once EPA receives a SNUR notice, EPA may take regulatory action under

section 5(e), 5(f), 6, or 7 to control the activities for which it has

received a SNUR notice. If EPA does not take action, section 5(g) of

TSCA requires EPA to explain in the Federal Register its reasons for

not taking action.

Persons who intend to export a substance identified in a proposed

or final SNUR are subject to the export notification provisions of TSCA

section 12(b). The regulations that interpret section 12(b) appear at

40 CFR part 707.

II. Applicability of General Provisions

General regulatory provisions applicable to SNURs are codified at

40 CFR part 721, subpart A. On July 27, 1988 (53 FR 28354), and July

27, 1989 (54 FR 31298), EPA promulgated amendments to the general

provisions which apply to this SNUR. In the Federal Register of August

17, 1988 (53 FR 31252), EPA promulgated a ``User Fee Rule'' (40 CFR

part 700) under the authority of TSCA section 26(b). Provisions

requiring persons submitting significant new use notices to submit

certain fees to EPA are discussed in detail in that Federal Register

document. Interested persons should refer to these documents for

further information.

III. Background

EPA published a direct final SNUR for polymer of substituted aryl

olefin, which was the subject of PMN P-85-612 and a TSCA section 5(e)

consent order issued by EPA, in the Federal Register of July 20, 1992

(57 FR 31963). EPA received adverse comments following publication.

Therefore, as required by Sec. 721.160, the direct final SNUR for P-85-

612 was withdrawn on August 31, 1993 (58 FR 45842). A proposed rule on

the substance was issued on August 31, 1993 (58 FR 45871), that

responded to the adverse comments.

The background and reasons for the SNUR are set forth in the

preamble to the proposed rule. The Agency received no public comment

concerning the proposed SNUR. As a result EPA is issuing the final SNUR

as proposed.

IV. Applicability of SNUR to Uses Occurring Before Effective Date

of the Final SNUR

EPA has decided that the intent of section 5(a)(1)(B) is best

served by designating a use as a significant new use as of the date of

the Federal Register notice that first identifies the new use rather

than as of the effective date of the rule. Because this SNUR was first

published on July 20, 1992, as a direct final rule, that date will

serve as the date after which uses will be considered to be new uses.

If uses which had commenced between that date and the effective date of

this rulemaking were considered ongoing, rather than new, any person

could defeat the SNUR by initiating a significant new use before the

effective date. This would make it difficult for EPA to establish SNUR

notice requirements. Thus, persons who begin commercial manufacture,

import, or processing of the substance for uses regulated through this

SNUR after July 20, 1992, will have to cease any such activity before

the effective date of this rule. To resume their activities, such

persons would have to comply with all applicable SNUR notice

requirements and wait until the notice review period, including all

extensions, expires. EPA, not wishing to unnecessarily disrupt the

activities of persons who begin commercial manufacture, import, or

processing for a proposed significant new use before the effective date

of the SNUR, has promulgated provisions to allow such persons to comply

with this SNUR before it is promulgated. If a person were to meet the

conditions of advance compliance as codified at Sec. 721.45(h), the

person would be considered to have met the requirements of the final

SNUR for those activities. If persons who begin commercial manufacture,

import, or processing of the substance between proposal and the

effective date of the SNUR do not meet the conditions of advance

compliance, they must cease that activity before the effective date of

the rule. To resume their activities, these persons would have to

comply with all applicable SNUR notice requirements and wait until the

notice review period, including all extensions, expires.

V. Economic Analysis

EPA has evaluated the potential costs of establishing significant

new use notice requirements for potential manufacturers, importers, and

processors of the chemical substance at the time of the direct final

rule. The analysis is unchanged for the substance in this rule. The

Agency's complete economic analysis is available in the public record

for this rule (OPPTS-50603).

VI. Rulemaking Record

EPA has established a record for this rulemaking (OPPTS-50603C).

The record includes basic information considered by the Agency in

developing this rule. EPA will supplement the record with additional

information as it is received. EPA will identify the complete

rulemaking record by the date of promulgation.

A public version of the record, without any confidential business

information (CBI), is available in the TSCA Nonconfidential Information

Center (NCIC), also known as, TSCA Public Docket Office, from 12 noon

to 4 p.m., Monday through Friday, except legal holidays. NCIC is

located in Rm. NE-B607, 401 M St., SW., Washington, DC 20460.

VII. Regulatory Assessment Requirements

A. Executive Order 12866

Under Executive Order 12866 (58 FR 51735, October 4, 1993), the

Agency must determine whether the regulatory action is ``significant''

and therefore subject to review by the Office of Management and Budget

(OMB) and the requirements of the Executive Order. Under section 3(f),

the order defines a ``significant regulatory action'' as an action that

is likely to result in a rule: (1) Having an annual effect on the

economy of $100 million or more, or adversely and materially affecting

a sector of the economy, productivity, competition, jobs, the

environment, public health or safety, or State, local or tribal

governments or communities (also referred to as ``economically

significant''); (2) creating serious inconsistency or otherwise

interfering with an action taken or planned by another agency; (3)

materially altering the budgetary impacts of entitlement, grants, user

fees, or loan programs or the rights and obligations of recipients

thereof; or (4) raising novel legal or policy issues arising out of

legal mandates, the President's priorities, or the principles set forth

in this Executive Order. Pursuant to the terms of this Executive Order,

EPA has determined that this rule is not ``significant'' and is

therefore not subject to OMB review.

B. Regulatory Flexibility Act

Under the Regulatory Flexibility Act (5 U.S.C. 605(b)), EPA has

determined that this rule would not have a significant impact on a

substantial number of small businesses. EPA has not determined whether

parties affected by this rule would likely be small businesses.

However, EPA expects to receive few SNUR notices for the substance.

Therefore, EPA believes that the number of small businesses affected by

this rule would not be substantial, even if all of the SNUR notice

submitters were small firms.

C. Paperwork Reduction Act

OMB has approved the information collection requirements contained

in this rule under the provisions of the Paperwork Reduction Act (44

U.S.C. 3501 et seq.), and has assigned OMB control number 2070-0012.

Public reporting burden for this collection of information is

estimated to vary from 30 to 170 hours per response, with an average of

100 hours per response, including time for reviewing instructions,

searching existing data sources, gathering and maintaining the data

needed, and completing and reviewing the collection of information.

List of Subjects in 40 CFR Part 721

Environmental protection, Chemicals, Hazardous materials,

Recordkeeping and reporting requirements, Significant new uses.

Dated: July 26, 1994.

Susan H. Wayland,

Acting Assistant Administrator for Prevention, Pesticides and Toxic

Substances.

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).

2. By adding new Sec. 721.6820 to subpart E to read as follows:

Sec. 721.6820 Polymer of substituted aryl olefin.

(a) Chemical substance and significant new uses subject to

reporting. (1) The chemical substance identified generically as polymer

of substituted aryl olefin (PMN P-85-612) is subject to reporting under

this section for the significant new uses described in paragraph (a)(2)

of this section. The requirements of this section do not apply once the

substance has been encapsulated into a plastic matrix.

(2) The significant new uses are:

(i) Protection in the workplace. Requirements as specified in

Sec. 721.63(a)(1), (a)(2)(i), (a)(2)(iii), (a)(2)(iv), (a)(3), (a)(4),

(a)(5)(vii), (a)(6)(i), (a)(6)(ii), (a)(6)(iii), (b) (concentration set

at 1.0 percent), and (c).

(ii) Hazard communication program. Requirements as specified in

Sec. 721.72(a), (b), (c), (d), (e) (concentration set at 1.0 percent),

(f), (g)(1)(iii), (g)(1)(iv), (g)(1)(vi), (g)(2), (g)(4), and (g)(5).

(iii) Industrial, commercial, and consumer activities. Requirements

as specified in Sec. 721.80(k).

(iv) Disposal. Requirements as specified in Sec. 721.85(a)(1),

(a)(2), (b)(1), (b)(2), (c)(1), (c)(2), and any disposal associated

with any use, or with manufacturing or processing associated with any

use other than by means of recycling.

(b) Specific requirements. The provisions of subpart A of this part

apply to this section except as modified by this paragraph.

(1) Recordkeeping requirements. Recordkeeping requirements as

specified in Sec. 721.125(a) through (j) are applicable to

manufacturers, importers, and processors of this substance.

(2) Limitations or revocation of certain notification requirements.

The provisions of Sec. 721.185 apply to this section.

[FR Doc. 94-18761 Filed 8-1-94; 8:45 am]

BILLING CODE 6560-50-F