[Federal Register Volume 84, Number 223 (Tuesday, November 19, 2019)]
[Rules and Regulations]
[Pages 63808-63809]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24945]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 721
[EPA-HQ-OPPT-2017-0464; FRL-10001-43]
RIN 2070-AB27
Significant New Use Rules on Certain Chemical Substances (17-3);
Technical Correction
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; technical correction.
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SUMMARY: EPA issued a final rule in the Federal Register of September
18, 2019 for 19 chemical substances that were the subject of
premanufacture notices (PMNs). For the chemical substance that was the
subject of PMN P-17-170, EPA made several errors when including hazard
communication requirements. Certain references are inconsistent with
the hazards identified for this chemical substance by EPA. This
document is being issued to correct these errors.
DATES: This technical correction is effective on November 19, 2019.
ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPPT-2017-0464, is available at
http://www.regulations.gov or at the Office of Pollution Prevention and
Toxics Docket (OPPT Docket), Environmental Protection Agency Docket
Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW, Washington, DC. The Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number for the Public Reading Room is (202)
566-1744, and the telephone number for the OPPT Docket is (202) 566-
0280. Please review the visitor instructions and additional information
about the docket available at http://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
For technical information contact: Kenneth Moss, Chemical Control
Division, Office of Pollution Prevention and Toxics, Environmental
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-
0001; telephone number: (202) 564-9232; email address:
[email protected].
For general information contact: The TSCA-Hotline, ABVI-Goodwill,
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202)
554-1404; email address: [email protected].
SUPPLEMENTARY INFORMATION:
I. What does this technical correction do?
EPA issued a final rule in the Federal Register of September 18,
2019 (84 FR 49025) (FRL-9998-12) for significant new uses for 19
chemical substances that were the subject of PMN notices. EPA made
several errors when specifying hazard communication requirements for
the chemical substance listed in the significant new use rule (SNUR)
codified in 40 CFR 721.11107 (PMN P-17-170). This action corrects these
errors as follows:
In 40 CFR 721.11107--Alkanediol, 2,2-bis (substituted
alkyl)-polymer with substituted alkane, heteromonocycles, alkenoate
(generic); the hazard communication requirements in paragraph
(a)(2)(ii) of the SNUR will be corrected to remove the reference to 40
CFR 721.72(g)(1)(v) and instead reference 40 CFR 721.72(g)(1)(iv). It
will also be corrected to remove the reference to 40 CFR 721.72(g)(4).
II. Why is this correction issued as a final rule?
Section 553 of the Administrative Procedure Act (APA) (5 U.S.C.
553(b)(3)(B)) provides that, when an Agency for good cause finds that
notice and public procedure are impracticable, unnecessary or contrary
to the public interest, the Agency may issue a final rule without
providing notice and an opportunity for public comment. EPA has
determined that there is good cause for making this technical
correction final without prior proposal and opportunity for comment.
Correcting the hazard communication requirements specified in the
September 18, 2019 SNUR is necessary for the proper identification of
the human health and environmental hazards associated with PMN
substance P-17-170 consistent with the associated TSCA section 5(e)
Order for the substance. EPA finds that this constitutes good cause
under 5 U.S.C. 553(b)(3)(B).
III. Do any of the statutory and Executive Order reviews apply to this
action?
No. For a detailed discussion concerning the statutory and
Executive Order review, refer to Unit XII. of the September 18, 2019
final rule.
IV. Congressional Review Act (CRA)
Pursuant to the CRA (5 U.S.C. 801 et seq.), 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
[[Page 63809]]
States prior to publication of the rule in the Federal Register. This
action 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: November 5, 2019.
Tala Henry,
Deputy Director, Office of Pollution Prevention and Toxics.
Therefore, 40 CFR part 721 is corrected 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).
0
2. In Sec. 721.11107, revise paragraph (a)(2)(ii) to read as follows:
Sec. 721.11107 Alkanediol, 2,2-bis (substituted alkyl)-polymer with
substituted alkane, heteromonocycles, alkenoate (generic).
(a) * * *
(2) * * *
(ii) Hazard communication. Requirements as specified in Sec.
721.72(a) through (e) (concentration set 0.1 percent), (f), (g)(1)(i),
(ii), (iv), (vii), (ix), (respiratory sensitization), (g)(2)(i), (v),
and (g)(5). Alternative hazard and warning statements that meet the
criteria of the Globally Harmonized System and OSHA Hazard
Communication Standard may be used.
* * * * *
[FR Doc. 2019-24945 Filed 11-18-19; 8:45 am]
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