

[Federal Register: December 18, 2006 (Volume 71, Number 242)]
[Proposed Rules]               
[Page 75703-75704]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18de06-18]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 721

[EPA-HQ-OPPT-2006-0795; FRL-8102-3]
RIN 2070-AJ31

 
2,3,5,6-Tetrachloro-2,5-Cyclohexadiene-1,4-Dione; Proposed 
Significant New Use of a Chemical Substance; Reopening of Comment 
Period

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; reopening of comment period.

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SUMMARY: EPA is reopening the public comment period for a proposed 
significant new use rule (SNUR) published in the Federal Register of 
May 12, 1993 (58 FR 27980) for the chemical chloranil (2,3,5,6-
tetrachloro-2,5-cyclohexadiene-1,4-dione). EPA is planning to complete 
this rulemaking by issuing a final rule. Given the long period of time 
which has passed since EPA issued the proposed rule, EPA is reopening 
the comment period. This will provide an opportunity for commenters to 
update their comments and for additional commenters to contribute to 
the docket before EPA develops a final rule.

DATES: Comments must be received on or before January 17, 2007.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPPT-2006-0795, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 

Follow the on-line instructions for submitting comments.
     Mail: Document Control Office (7407M), Office of Pollution 
Prevention and Toxics (OPPT), Environmental Protection Agency, 1200 
Pennsylvania Ave., NW., Washington, DC 20460-0001.
     Hand Delivery: OPPT Document Control Office (DCO), EPA 
East Bldg., Rm. 6428, 1201 Constitution Ave., NW., Washington, DC. 
Attention: Docket ID number EPA-HQ-OPPT-2006-0795. The DCO is open from 
8 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The 
telephone number for the DCO is (202) 564-8930. Such deliveries are 
only accepted during the DCO's normal hours of operation, and special 
arrangements should be made for deliveries of boxed information.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPPT-
2006-0795. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available on-line 
at http://www.regulations.gov, including any personal information 

provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The regulations.gov website is an ``anonymous access'' system, 
which means EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through regulations.gov, 
your e-mail address will be automatically captured and included as part 
of the comment that is placed in the public docket and made available 
on the Internet. If you submit an electronic comment, EPA recommends 
that you include your name and other contact information in the body of 
your comment and with any disk or CD ROM you submit. If EPA cannot read 
your comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment.

[[Page 75704]]

Electronic files should avoid the use of special characters, any form 
of encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the 
regulations.gov index. Although listed in the index, some information 
is not publicly available, e.g., CBI or other information whose 
disclosure is restricted by statute. Certain other material, such as 
copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available electronically at 
http://www.regulations.gov, or, if only available in hard copy, at the 

OPPT Docket, EPA Docket Center (EPA/DC). The EPA/DC suffered structural 
damage due to flooding in June 2006. Although the EPA/DC is continuing 
operations, there will be temporary changes to the EPA/DC during the 
clean-up. The EPA/DC Public Reading Room, which was temporarily closed 
due to flooding, has been relocated in the EPA Headquarters Library, 
Infoterra Room (Room Number 3334) in the EPA West Bldg., located at 
1301 Constitution Ave., NW., Washington, DC. The EPA/DC Public Reading 
Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, 
excluding legal holidays. The telephone number of the EPA/DC Public 
Reading Room is (202) 566-1744, and the telephone number for the OPPT 
Docket is (202) 566-0280. EPA visitors are required to show 
photographic identification and sign the EPA visitor log. Visitors to 
the EPA/DC Public Reading Room will be provided with an EPA/DC badge 
that must be visible at all times while in the EPA Building and 
returned to the guard upon departure. In addition, security personnel 
will escort visitors to and from the new EPA/DC Public Reading Room 
location. Up-to-date information about the EPA/DC is on the EPA website 
at http://www.epa.gov/epahome/dockets.htm.


FOR FURTHER INFORMATION CONTACT: For general information contact: Colby 
Lintner, Regulatory Coordinator, Environmental Assistance Division 
(7408M), Office of Pollution Prevention and Toxics, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (202) 554-1404; e-mail address: 
TSCA-Hotline@epa.gov.

    For technical information contact: Dwain Winters, National Program 
Chemicals Division (7404T), Office of Pollution Prevention and Toxics, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (202) 566-1977; e-mail 
address: winters.dwain@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. What Action is the Agency Taking?

    With this document, EPA is reopening the comment period for a 
proposed SNUR that would require persons to notify EPA at least 90 days 
before commencing the manufacture, import, or processing, for any use, 
of chloranil containing certain chlorinated dibenzo-p-dioxins (CDDs) 
and chlorinated dibenzofurans (CDFs) in total combined amounts greater 
than 20 parts per billion (ppb). The chloranil CDD/CDF concentration 
would be calculated based on their toxicity equivalence (TEQ) to 
2,3,7,8-tetrachlorodibenzo-p dioxin (2,3,7,8-TCDD). EPA originally 
published the proposed chloranil SNUR in the Federal Register of May 
12, 1993 (58 FR 27980).
    The 90-day notice required by the SNUR would provide EPA with the 
opportunity to evaluate the intended new use and associated activities, 
and an opportunity to protect against unreasonable risks, if any, from 
CDD/ CDF exposure that could result from use of chloranil with higher 
CDD/CDF levels. Certain recordkeeping and certification requirements 
would also apply to manufacturers, importers, and processors of all 
chloranil, no matter what the level of CDD/CDF contamination. EPA 
indicated that it would not promulgate a final rule until after 
receiving data required under the dioxin furan test rule (40 CFR part 
766). Reporting under the dioxin furan test rule has been completed and 
no chloranil dioxin levels reported were below 20 ppb TEQ.

B. What is the Agency's Authority for Taking this Action?

    Section 5(a)(2) of Toxic Substances Control Act (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 TSCA section 5(a)(2). Once EPA determines that a use of 
a chemical substance is a significant new use, TSCA section 5(a)(1)(B) 
requires persons to submit a Significant New Use Notice (SNUN) to EPA 
at least 90 days before they manufacture, import, or process the 
chemical substance for that use (15 U.S.C. 2604(a)(1)(B)). The 
mechanism for reporting under this requirement is established under 40 
CFR part 721, subpart A.

List of Subjects in 40 CFR Part 721

    Environmental protection, Chemicals, Hazardous substances, 
Reporting and recordkeeping requirements.


    Dated: December 12, 2006.
Wendy Cleland Hamnett,
Acting Director, Office of Pollution Prevention and Toxics.
[FR Doc. E6-21495 Filed 12-15-06; 8:45 am]

BILLING CODE 6560-50-S
