

[Federal Register: January 30, 2007 (Volume 72, Number 19)]
[Proposed Rules]               
[Page 4224-4225]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30ja07-21]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 721

[EPA-HQ-OPPT-2006-0795; FRL-8112-9]
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 comment period for a proposed rule 
concerning any significant new use of the chemical chloranil (2,3,5,6-
tetrachloro-2,5-cyclohexadiene-1,4-dione) published in the Federal 
Register of May 12, 1993 (58 FR 27980). EPA reopened the comment period 
for 30 days through a proposed rule published in the Federal Register 
of December 18, 2006 (71 FR 75703) (FRL-8102-3). This document reopens 
the comment period for an additional 45 days. The comment period is 
again reopened because of a request for additional time from one of the 
original commenters.

DATES: Comments must be received on or before March 16, 2007.

ADDRESSES: Follow the detailed instructions provided under ADDRESSES in 
the proposed rule published in the Federal Register of December 18, 
2006 (71 FR 75703).

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. Does this Action Apply to Me?

    The Agency identified in the proposed rule those who may be 
potentially affected by that action. If you have questions regarding 
the applicability of this action to a particular entity, consult the 
technical person listed under FOR FURTHER INFORMATION CONTACT.

B. How and to Whom Do I Submit Comments?

    To submit comments, or access the public docket, follow the 
detailed instructions provided under ADDRESSES in the proposed rule 
published in the Federal Register of December 18, 2006 (71 FR 75703).

II. What Action is EPA Taking?

    This document reopens the comment period established in a proposed 
rule published in the Federal Register of May 12, 1993 (58 FR 27980). 
In that document, EPA proposed a Significant New Use Rule (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). 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 could 
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 above 20 ppb TEQ. EPA is reopening the comment 
period for 45 days. The new comment period ends on March 16, 2007.

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

    Section 5(a)(2) of the 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.

[[Page 4225]]

List of Subjects in 40 CFR Part 721

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


    Dated: January 24, 2007.
Charles M. Auer,
Director, Office of Pollution Prevention and Toxics.
[FR Doc. E7-1413 Filed 1-29-07; 8:45 am]

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