2-Propenoic Acid, 2-Methyl-, 2[3-(2H-Benzotriazol-2-yl)-4- hydroxyphenyl]ethyl Ester and 2-Substituted Benzotriazole; Proposed Modification of Significant New Use Rules

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 721

[OPPTS-50591F; FRL-4898-3]

RIN 2070-AB27

2-Propenoic Acid, 2-Methyl-, 2[3-(2H-Benzotriazol-2-yl)-4-

hydroxyphenyl]ethyl Ester and 2-Substituted Benzotriazole; Proposed

Modification of Significant New Use Rules

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to modify the significant new use rules

(SNUR) promulgated under section 5(a)(2) of the Toxic Substances

Control Act (TSCA) for 2-propenoic acid, 2-methyl-, 2[3-(2H-

benzotriazol-2-yl)-4-hydroxyphenyl] ethyl ester and 2-substituted

benzotriazole based on a modification to the TSCA 5(e) consent order

regulating the substances.

DATES: Written comments must be received by EPA on or before January

13, 1995.

ADDRESSES: All comments must be sent in triplicate, with additional

sanitized copies if confidential business information (CBI) is

involved, to: OPPT Document Receipt Office (7407), Office of Pollution

Prevention and Toxics, Environmental Protection Agency, 401 M St., SW.,

Rm. E-G99, Washington, DC 20460. Comments should include the docket

control number. The docket control number for the chemical substances

in this SNUR is OPPTS-50591F. Nonconfidential versions of comments on

this proposed rule will be placed in the rulemaking record and will be

available for public inspection. Unit IV. of this preamble contains

additional information on submitting comments containing CBI.

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

Assistance Office (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: In the Federal Register of April 25, 1991

(56 FR 19228), EPA issued a SNUR establishing significant new uses for

2-propenoic acid, 2-methyl-, 2[3-(2H-benzotriazol-2-yl)-4-

hydroxyphenyl]ethyl ester and 2-substituted benzotriazole based on the

section 5(e) consent order for the substances. Because of additional

data EPA has received for these substances, EPA is proposing to modify

the SNUR.

I. Background

EPA is proposing to modify the significant new use requirements for

the following chemical substances under 40 CFR part 721 subpart E. In

this unit, EPA provides a brief description for the substance,

including its PMN number, chemical name (generic name if the specific

name is claimed as CBI), CAS number (if assigned), basis for the

modification of the section 5(e) consent order for the substance, and

the CFR citation in the regulatory text section of this proposed rule.

Further background information for the substances is contained in the

rulemaking record referenced in Unit III. of this preamble.

PMN Number P-90-333

Chemical name: 2-Propenoic acid, 2-methyl-, 2[3-(2H-benzotriazol-2-yl)-

4-hydroxyphenyl]ethyl ester.

CAS number: Not available.

Effective date of modification of section 5(e) consent order: June 9,

1994.

Basis for modification of section 5(e) consent order: The Company

petitioned the Agency to modify the consent order and SNUR to permit

use of air-purifying respirators equipped with high efficiency

particulate air filter cartridges. EPA, through written correspondence,

negotiations, and meetings with the Company, recalculated the risk

assessment of the PMN based on information provided by the Company.

Based on this risk assessment, the Agency determined that respirators

which would provide an approved protection factor (APF) of 50

adequately protects the workers who may be exposed to the PMN substance

via inhalation. The Agency has determined, therefore, that modifying

the consent order and SNUR would not pose an unreasonable risk of

injury to human health or the environment.

CFR citation: 40 CFR 721.8450.

PMN Number P-90-335

Chemical name: (generic) 2-Substituted benzotriazole.

CAS number: Not available.

Effective date of modification of section 5(e) consent order: June 9,

1994.

Basis for modification of section 5(e) consent order: The Company

petitioned the Agency to modify the consent order and SNUR to permit

use of air-purifying respirators equipped with high efficiency

particulate air filter cartridges. EPA, through written correspondence,

negotiations, and meetings with the Company, recalculated the risk

assessment of the PMN based on information provided by the Company.

Based on this risk assessment, the Agency determined that respirators

which would provide an APF of 50 adequately protects the workers who

may be exposed to the PMN substance via inhalation. The Agency has

determined, therefore, that modifying the consent order and SNUR would

not pose an unreasonable risk to human health or the environment.

CFR citation: 40 CFR 721.1765.

II. Objectives and Rationale of Proposing Modification of the Rule

During review of the PMNs submitted for the chemical substances

that are the subject of this proposed modification, EPA concluded that

regulation was warranted under section 5(e) of TSCA pending the

development of information sufficient to make a reasoned evaluation of

the health effects of the substances. EPA identified the tests

considered necessary to evaluate the risks of the substances and

identified the protective equipment necessary to protect any workers

who may be exposed to the substances. The basis for such findings is in

the rulemaking record referenced in Unit III. of this preamble. Based

on these findings, a section 5(e) consent order was negotiated with the

PMN submitter and a SNUR was promulgated.

In light of the petition to modify the consent order and SNUR and

the recalculation of the risk assessment of the PMN substances based on

information provided by the petitioner, the Agency determined air-

purifying respirators equipped with high efficiency particulate air

filter cartridges would adequately protect the workers who may be

exposed to the PMN substances via inhalation. The Agency has

determined, therefore, that modifying the consent order and SNUR would

not pose an unreasonable risk to human health. The proposed

modification of SNUR provisions for the substances designated herein is

consistent with the provisions of the section 5(e) order.

III. Rulemaking Record

The record for the rule which EPA is proposing to modify was

established at OPPTS-50591. This record includes information considered

by the Agency in developing the rule and includes the modification to

consent orders to which the Agency has responded with this proposal.

A public version of the record, without any CBI, is available in

the OPPT Nonconfidential Information Center (NCIC) from 12 noon to 4

p.m., Monday through Friday, except legal holidays. The TSCA NCIC is

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

IV. Comments Containing Confidential Business Information

Any person who submits comments claimed as CBI must mark the

comments as ``confidential,'' ``trade secret,'' or other appropriate

designation. Comments not claimed as confidential at the time of

submission will be placed in the public file. Any comments marked as

confidential will be treated in accordance with the procedures in 40

CFR part 2. Any party submitting comments claimed to be confidential

must prepare and submit a public version of the comments that EPA can

place in the public file.

V. Regulatory Assessment Requirements

EPA is modifying the requirements of the rule by eliminating one of

the recordkeeping requirements. Any costs or burdens associated with

the rule will be reduced when the rule is modified. Therefore, EPA

finds that no additional assessments of costs or burdens are necessary

under Executive Order 12866, the Regulatory Flexibility Act (5 U.S.C.

605(b)), or the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

List of Subjects in 40 CFR Part 721

Environmental protection, Chemicals, Hazardous materials, Reporting

and recordkeeping requirements, Significant new uses.

Dated: December 1, 1994.

Joseph A. Carra,

Acting Director, Office of Pollution Prevention and Toxics.

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

follows:

PART 721--[AMENDED]

1. The authority citation for part 721 would continue to read as

follows:

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

2. In Sec. 721.1765 by revising paragraph (a)(2)(i) to read as

follows:

Sec. 721.1765 2-Substituted benzotriazole.

(a) * * *

(2) * * *

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

Sec. 721.63(a)(1), (a)(2)(i), (a)(2)(iii), (a)(3), (a)(4), (a)(5)(ii),

(a)(5)(iv), (a)(5)(v), (a)(6)(i), (a)(6)(ii), (a)(6)(iv), (b)

(concentration set at 0.1 percent), and (c).

* * * * *

3. In Sec. 721.8450 by revising paragraph (a)(2)(i) to read as

follows:

Sec. 721.8450 2-Propenoic acid, 2-methyl-, 2[3-(2H-benzotriazol-2 yl)-

4-hydroxyphenyl]ethyl ester.

(a) * * *

(2) * * *

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

Sec. 721.63(a)(1), (a)(2)(i), (a)(2)(iii), (a)(3), (a)(4), (a)(5)(ii),

(a)(5)(iv), (a)(5)(v), (a)(6)(i), (a)(6)(ii), (a)(6)(iv),

(b)(concentration set at 0.1 percent), and (c).

* * * * *

[FR Doc. 94-30734 Filed 12-13-94; 8:45 am]

BILLING CODE 6560-50-F