
[Federal Register: August 21, 2009 (Volume 74, Number 161)]
[Rules and Regulations]               
[Page 42177-42178]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21au09-7]                         

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ENVIRONMENTAL PROTECTION AGENCY

 40 CFR Part 721

[EPA-HQ-OPPT-2008-0252; FRL-8433-9]
RIN 2070-AB27

 
Certain Chemical Substances; Withdrawal of Significant New Use 
Rules

AGENCY: Environmental Protection Agency (EPA).

ACTION: Withdrawal of final rules.

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SUMMARY: EPA is withdrawing two significant new use rules (SNURs) 
promulgated under section 5(a)(2) of the

[[Page 42178]]

Toxic Substances Control Act (TSCA) for chemical substances which were 
the subject of premanufacture notices (PMNs), i.e., multi-walled carbon 
nanotubes (PMN P-08-177) and single-walled carbon nanotubes (PMN P-08-
328). These chemical substances are subject to TSCA section 5(e) 
consent orders issued by EPA. EPA published the SNURs using direct 
final rulemaking procedures. EPA received a notice of intent to submit 
adverse comments on these rules. Therefore, the Agency is withdrawing 
these SNURs, as required under the expedited SNUR rulemaking process. 
EPA also intends to publish in the Federal Register, under separate 
notice and comment rulemaking procedures, proposed SNURS for these two 
chemical substances.

DATES: This final rule is effective August 21, 2009.

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: Karen Chu, Chemical Control 
Division (7405M), Office of Pollution Prevention and Toxics, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (202) 564-8773; e-mail 
address: chu.karen@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Does this Action Apply to Me?

    A list of potentially affected entities is provided in the Federal 
Register of June 24, 2009 (74 FR 29982) (FRL-8417-6). If you have 
questions regarding the applicability of this action to a particular 
entity, consult the technical person listed under FOR FURTHER 
INFORMATION CONTACT.

II. What Rules are Being Withdrawn?

     In the Federal Register of June 24, 2009 (74 FR 29982), EPA issued 
several direct final SNURs, including SNURs for the two chemical 
substances that are the subject of this withdrawal. These direct final 
rules were issued pursuant to the procedures in 40 CFR part 721, 
subpart D. In accordance with 40 CFR 721.160(c)(3)(ii), EPA is 
withdrawing the rules issued for multi-walled carbon nanotubes (PMN P-
08-177) and single-walled carbon nanotubes (PMN P-08-328) because the 
Agency received a notice of intent to submit adverse comments. EPA 
intends to propose SNURs for these two chemical substances via notice 
and comment rulemaking in a future Federal Register document.
     For further information regarding EPA's expedited process for 
issuing SNURs, interested parties are directed to 40 CFR part 721, 
subpart D, and the Federal Register of July 27, 1989 (54 FR 31314). The 
record for the direct final SNURs for these chemical substances which 
are being withdrawn was established at EPA-HQ-OPPT-2008-0252. That 
record includes information considered by the Agency in developing 
these rules and the notice of intent to submit adverse comments.

III. How Do I Access the Docket?

     To access the electronic docket, please go to http://
www.regulations.gov and follow the online instructions to access docket 
ID no. EPA-HQ-OPPT-2008-0252. Additional information about the Docket 
Facility is provided under ADDRESSES in the Federal Register document 
of June 4, 2009 (74 FR 29982). If you have questions, consult the 
technical person listed under FOR FURTHER INFORMATION CONTACT.

IV. What Statutory and Executive Order Reviews Apply to this Action?

     This final rule revokes or eliminates an existing regulatory 
requirement and does not contain any new or amended requirements. As 
such, the Agency has determined that this withdrawal will not have any 
adverse impacts, economic or otherwise. The statutory and executive 
order review requirements applicable to the direct final rule were 
discussed in the Federal Register document of June 24, 2009 (74 FR 
29982). Those review requirements do not apply to this action because 
it is a withdrawal and does not contain any new or amended 
requirements.

V. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report to each House of the Congress and 
the Comptroller General of the United States. EPA will submit a report 
containing this rule and other required information to the U.S. Senate, 
the U.S. House of Representatives, and the Comptroller General of the 
United States prior to publication of the rule in the Federal Register. 
This rule is not a ``major rule'' as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 721

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


    Dated: August 17, 2009.
Wendy C. Hamnett,
Acting Director, Office of Pollution Prevention and Toxics.

0
 Therefore, 40 CFR part 721 is amended as follows:

PART 721--[AMENDED]

0
1. The authority citation for part 721 continues to read as follows:

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


Sec.  721.10155  [Removed]

0
2. By removing Sec.  721.10155.


Sec.  721.10156  [Removed]

0
3. By removing Sec.  721.10156.

[FR Doc. E9-20150 Filed 8-20-09; 8:45 am]

BILLING CODE 6560-50-S
