Proposed Test Rule for Hazardous Air Pollutants; Extension of Comment Period on Proposed Rule

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 799

[OPPTS-42187D; FRL-5580-6]

RIN 2070-AC76

Proposed Test Rule for Hazardous Air Pollutants; Extension of

Comment Period on Proposed Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Extension of comment period on proposed test rule.

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SUMMARY: EPA is extending the public comment period from January 31,

1997 to March 31, 1997 on the proposed rule to require manufacturers

and processors of 21 hazardous air pollutants (HAPs) to test these

substances for certain health effects. This proposed rule was published

in the Federal Register on June 26, 1996 (61 FR 33178) (FRL-4869-1). On

October 18, 1996, EPA extended the public comment period on the

proposed rule from December 23, 1996 to January 31, 1997 (61 FR 54383)

(FRL-5571-3).

DATES: Written comments on the proposed rule must be received by EPA on

or before March 31, 1997.

ADDRESSES: Submit three copies of written comments on the proposed HAPs

test rule, identified by document control number (OPPTS-42187A; FRL-

4869-1) to: U.S. Environmental Protection Agency, Office of Pollution

Prevention and Toxics (OPPT), Document Control Office (7407), Rm. G-

099, 401 M St., SW., Washington, DC 20460.

A public version of the official rulemaking record supporting this

action, excluding confidential business information (CBI), is available

for inspection at the TSCA Nonconfidential Information Center, Rm. NE-

B607, 401 M St., SW., Washington, DC 20460, from 12 noon to 4 p.m.,

Monday through Friday, except on legal holidays.

All comments that contain information claimed as CBI must be

clearly marked as such. Three sanitized copies of any comments

containing information claimed as CBI must also be submitted and will

be placed in the public record for this rulemaking. Persons submitting

information that they believe is entitled to treatment as CBI must

assert a business confidentiality claim in accordance with 40 CFR part

2. This claim must be made at the time that the information is

submitted to EPA. If a submitter does not assert a confidentiality

claim at the time of submission, EPA will treat the information as non-

confidential and may make it available to the public without further

notice to the submitter.

Comments and data may also be submitted in electronic form by

sending electronic mail (e-mail) to: [email protected]. Such

comments and data must be submitted in an ASCII file avoiding the use

of special characters and any form of encryption. Comments and data

will also be accepted on disks in WordPerfect 5.1 file format or ASCII

file format. All comments and data in electronic form must be

identified by (OPPTS-42187A) (FRL-4869-1). No information claimed as

CBI should be submitted through e-mail. Comments in electronic form may

be filed online at many federal depository libraries.

The official record of this action, as well as the public version,

will be maintained in paper form. EPA will transfer all comments

received electronically into paper form and will place the paper copies

in the official record. The official record is the paper record

maintained at the address listed at the beginning of the ``ADDRESSES''

section of this notice.

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

Environmental Assistance Division (7408), Rm. ET-543B, Office of

Pollution Prevention and Toxics, U.S. Environmental Protection Agency,

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

(202) 554-0551; e-mail: TSCA-H[email protected].

For technical information contact: Robert A. Reiley, Project

Manager, Chemical Control Division (7405), Office of Pollution

Prevention and Toxics, U.S. Environmental Protection Agency, 401 M St.,

SW., Washington, DC 20460; telephone: (202) 260-1105; fax: (202) 260-

1096; e-mail: [email protected].; or Gary Timm, Senior

Technical Advisor, Chemical Control Division (7405), Office of

Pollution Prevention and

[[Page 67517]]

Toxics, U.S. Environmental Protection Agency, 401 M St., SW.,

Washington, DC 20460; telephone: (202) 260-1105; fax: (202) 260-8168;

e-mail: [email protected].

SUPPLEMENTARY INFORMATION: The HAPs rule proposed testing, under

section 4(a) of the Toxic Substances Control Act (TSCA), of: 1,1'-

biphenyl, carbonyl sulfide, chlorine, chlorobenzene, chloroprene,

cresols [3 isomers], diethanolamine, ethylbenzene, ethylene dichloride,

ethylene glycol, hydrochloric acid, hydrogen fluoride, maleic

anhydride, methyl isobutyl ketone, methyl methacrylate, naphthalene,

phenol, phthalic anhydride, 1,2,4-trichlorobenzene, 1,1,2-

trichloroethane, and vinylidene chloride. EPA would use the data

generated under the rule to implement several provisions of section 112

of the Clean Air Act and to meet other EPA data needs and those of

other Federal agencies. In the HAPs proposal, EPA solicited proposals

for enforceable consent agreements (ECAs) regarding the performance of

pharmacokinetics studies which would permit extrapolation from data

developed from oral exposure studies to predict effects from inhalation

exposure.

On October 18, 1996, EPA extended the public comment period on the

proposed rule from December 23, 1996 to January 31, 1997 (61 FR 54383)

(FRL-5571-3). This extension was to allow more time for the submission

of proposals for ECAs and adequate time for comments on the proposed

rule to be submitted after the Agency has considered the ECA proposals.

EPA has received several proposals for ECAs. Due to the complexity of

the issues raised by these proposals, it will take the Agency more time

than anticipated to consider the ECAs and respond to the submitters.

In the HAPs proposed rule, published on June 26, 1996 (61 FR 33178)

(FRL-4869-1), testing would be conducted using the OPPTS harmonized

guidelines that were proposed on June 20, 1996 (61 FR 31522) (FRL-5367-

7). The process of developing these guidelines is proceeding at the

same time as the development of the HAPs test rule. As stated in the

original proposal, the OPPTS harmonization process may result in the

finalization of the guidelines prior to the end of the comment period

for the proposed rule. If so, EPA will announce the availability of any

of the 11 guidelines used in the HAPs rule that have been finalized in

order to allow for public comment on the applicability of the finalized

guidelines to the HAPs rule.

There has been a delay in finalizing the guidelines. The Agency has

decided to extend the comment period on the HAPs test rule to allow

some or all of the 11 guidelines to be finalized.

Accordingly, for both of the reasons discussed above, EPA is

extending the comment period on the proposed rule to March 31, 1997. If

the guideline harmonization process is further delayed, EPA may, at a

future time, extend the comment period on the guidelines as they apply

to the HAPs chemicals, or may decide to issue the corresponding HAPs-

specific guidelines independent of the OPPTS harmonization process,

using appropriate notice-and-comment procedures.

List of Subjects in 40 CFR Part 799

Environmental protection, Chemicals, Hazardous substances,

Reporting and recordkeeping requirements.

Dated: December 16, 1996.

Charles M. Auer,

Director, Chemical Control Division, Office of Pollution Prevention and

Toxics.

[FR Doc. 96-32529 Filed 12-20-96; 8:45 am]

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