43874  ' Federal Regstet  / Vot.* 56.- ffo." 1?2 / • Thursday.- Sefftembef S. 199t V Ruks
                                                                                                     3
 action will be effective on fBQ day* from
 today).
   f&oMctiorrEPAi* approving Rhode
 Island's request to redesignate
 Providence to attaJamest far carbon
 monoxide.
   Under B tLSjC. 805(b). I certify that
 mis SIP revision will not have a    •
 ygmfiffflTrt economic impact on a
• substantial number of small pnrlffoft.
 (See 46 FR 8709.)
   This action has been classified as a
 Table 2 action by the Regional
 Administrator under the procedures
 published in the Federal Register on
-January 19,1989 (54 FR 2214-22251.
   The Office of Management and Budget
 has exempted this ride from the
 requirements of section 3 of Executive
 Order 12291.          ~~
 -  Nothing in mis action should be
 construed as permitting or allowing or .£
 establishing a precedent for any future
 request for revision to any State
 implementation plan. Each request for
 revision to the State implementation
 plan shaB be considered separately in
 light of specific technical, economic, and
 environmental factors and in relation to
 relevant statutory and regulatory
 requirements.
    Under section 3Q7(b)(l} of the dean
 Air Act petitions for judicial review of
  this action must be filed in the United
  States Court of Appeals for the
  appropriate circuit by November 4,1991.
  Filing a petition for reconsideration by
  the Administrator of this final rule does
  not affect the finality of this rule for the
  purposes of judicial review nor does it
  extend the time within which a petition
  for judicial review may be fifed, and
  shall not postpone the effectiveness of
  such rule or action. This action may not
  be challenged later in proceedings to
  enforce its requirements. (See section
  307(bH2).)
  List of Subjects m 40 CFR Part ftl
    Environmental protection. Air
  pollution control. National parks,
  Wilderness areas.
    Dated: Auguet ZI, 1991.
  JufieBebs*.
  Regional Administrator. Regfan I
    40 CFR part 81, subpart 340, is
   amended as follows:

   PART 81-1 AMENDED]

     1. The authority citation for part 81
   continues to read as follows:
    Authority: 42 V&C. 7401-7342. uriew
   otherwise noted
     2. In 5 81.340 the attainment status
   designation table for Carbon Monoxide
   is revised to read as foBows:    •
                                      |»1340  ffeodetetend
                                                RHODE tetAio—CO
                                       DwignatBdi
                                                    DOM not meat
 Croat t»
.ctassifttd or
 bettor Own
                                       IER.DOC. 91-21259 Fifed ff-Muaas tmj
                                       40CFRPsrt266

                                       {FRL-3MO-4*

                                       Hazardous Waste Management
                                       System: Identification and Listing el
                                       Hazardous Waste; Burning of
                                       Hazardous Wast* to Boiler* and
                                       Industrie* Furnaces
                                       AGENCY: Environmental Protection
                                       Agency.
                                       ACTION: Administrative stay of
                                       applicability and amendment to final
                                       rule.	  	____
                                       SUMMARY: The Environmental Protection
                                       Agency is today announcing an
                                       administrative stay of the permitting
                                       standards for boilers and industrial
                                       furnaces adopted pursuant to the
                                       Resource Conservation and Recovery
                                       Act (58 FR 7206, Feb. ZL1991) as they
                                       apply to  coke ovens burning certain
                                       hazardous wastes from the coke by-
                                       products recovery process. The primary
                                       effect of the stay is to halt the
                                       application of industrial furnace
                                       standards to coke ovens when they
                                       reprocess these hazardous wastes while
                                       the Agency can evaluate comments  on a
                                       . pending  regulatory proposal to exclude
                                       such wastes from subtitle C Jurisdiction
                                       when recycled by reprocessing m coke
                                       ovens. Section 266.100(a) is amended by
                                       adding a note to reflect this
                                       administrative stay.
                                       EFFECTIVE DATE: August 21,1991.
                                        ADDRESSES: The official record for this
                                        administrative stay is identified at
                                        Docket number F-91-CBS-FFFFF and to
                                        located in the RCRA Docket, room
                                       . M2427.401M Street, SW.. Washington,
                                        DC, 20460. The public may make an
                                        appointment in order to review docket
                                       materials by calling (202} 260-9327.  The
                                        docket is open for inspection from » aj&.
                                        to 4 DJ3L, Monday through Friday,
                                        excluding Federal holidays. The public
                                        may copy material from any regulatory
                                        docket at a cost of $0.15 per page.
FOR FURTHER INFORMATION CONTACT:
For general information contact the
RCRA/Superfund Hotline, toll free, at
(800) 424-9346, or at (703) 820-8810. For
technical information concerning tins
notice, contact He, Ron Joeephaon,
Environmental Engineer, Office of Solid
Waste (OS-333). U.S. Environmental
Protection Agency. 401M Street, SW,
Washington, DC 20460. (202) 260-4770.
SUPPLEMENTARY INFORMATION: The
contents of today's notice are Baled HI
the foBowtag octiine:
L Background
n. Justification for Administrative Stay
  A. Process DesuiiptioB
  B. Agency Action
IB. Effect of the Adsinutnti** Say
  A-ESectOBtaduatoy
  B. Public fartere»t
IV. Conclusion
V. Effect on State Authorization
VI. Paperwork Reduction Act

L Background.
   In the final rule establishing
permitting standards for boilers and
industrial furnaces burning hazardous
waste (BIF rule, February 21* 1991,56 FR
7206), the Agency promulgated an
exclusion from the definition of sofid1
waste for coke and coal tar produced
from EPA Hazardous Number K087
(decanter tank tar sludge from coking
operations) and for the process of
producing coke and coal tar by recycling
 this waste in coke ovens. See SB FR
 7203. In the final BIF rule, the Agency
 also  raised the issue of other hazardous
' wastes from'the coke by-products
 recovery process that may be processed
 in the coke oven so the Agency could, ff
 necessary, modify the exclusion. M. at n.'
 94.                               .   -,
   The issue of other wastes being
 processed in a coke oven was raised
 again by the Agency on July 28.1991 (56
 FR 35758-35788) when we proposed new
 listings of wastes generated by the coke
 by-products industry. In the notice, foe
 Agency proposed to add exclusions from
 the definition of solid waste {under 40
 CFR 261.4(8)) for additional coke by-
 products wastes recycled into the coke
 oven or mixed with coal tar.
   In both the BIF rule and the coke by-
 products proposed listings, the Agency
 summarized the reasons for the
 exclusions as follows:
   (I) The wastes being recycled have
• many constituents similar to the raw
 material (coal) for the coking process.
   01} The non-K087 wastes are very •
 similar to K087 and no incremental
 environmental risk would result from.
 their recycling by coking,
   (iii) Recycling of K087 via  the coke
 oven is already excluded (5 261.4(a){10),

-------
          Feddral Register / -Vol. 56; No. 172' /-.Trmrtday; -September1 -5/1691'/ frule^ ancf Regulations    43875
 56 FR 7206), and recycling of these.
 wastes appeari similar, and  . •   •.
   (iv) Regulation of coke oven emissions
 under RCRA would interfere with the
 regulatory scheme the Agency is
 developing under sections 112(d)(8) and
 112(I)(8) of the Clean Air Act (See 56 FR
 7208,56 ER 35778-80.)   ,-
   The comment period on the proposed
 additional exclusions ended on August1
 16,1991. EPA is presently considering
 these comments in the course of
 developing final rules. However, the BIF
 rule takes effect on August 21, and
 absent some type of administrative
 action, this would mean that any coke
 oven reprocessing a by-product
 hazardous waste except K087 could only
 do so by complying with the BIF
 standards.

 n. Justification for Administration  Stay
   The Agency has studied this industry
 extensively over the past few years and
 has presented the results in various
 publications such as the 1980
 Background Document to the K087
 tisting,"the proposed and final BIF rule,
 the National Emission Standards for
 Hazardous Air Pollutants (NESHAP) for
 coke ovens under old section 112 of the
 Clean Air Act (54 FR 38044. September
 14,1989), the NESHAP for benzene
 waste operations (55 FR 8346, March 7,
 1990), and the new coke by-products
 listing proposal With such information.
 ETA can briefly summarize technical
 and policy reasons for issuing this
 administrative stay.   <
 A. Process Description
  Coke used in the iron and steel
 industry is manufactured in coke ovens
 via the thermal destructive distillation of
 coal. In a typical process, 60-70% of the
 coal is made into coke, while the
 remainder .of the original mass is
 converted into "coke oven gas." The gas
 undergoes successive cooling and
 distillation steps, ending up as a    .
 "cleaned" gas that is used, among other
 things, for providing heat to the coke
 ovens. The cooling and distillation  steps
 lead to the production of coal tar, light
 oil. and naphthalene, which in turn are
 sent to tar refiners or organic chemical
 distillers for the production of end use
 chemicals.
  The recovery of coal tar at a coke
 oven is accomplished by a process  that
 also involves the generation of
 hazardous waste, most of which is
 decanter tank tar sludge (EPA
 Hazardous Waste No.-K087). Other tar
 recovery wastes are  sump sludges and
 tar storage tank bottoms, proposed  to be
listed as K141 and K142 in the July 26,
1991 notice. In addition, the process for
light oil and naphthalene recovery
:  involve the generation of various
  residuals (proposed K143, K144, and
  K145 in the July 26,1991 proposal). The
  refining leads to the generation of tar
  storage tank bottoms and certain other
  distillation residues (proposed K147 and
  K148 in the July 26,1991 proposal). The
  non-listed (proposed K141-K145, K147,
  and K148) residuals are similar in
  composition to K087 waste, and many of
  them exhibit the Toxitity Characteristic
  for benzene.
    Recycling of the wastes to the coke
  ovens is done by pumping or otherwise
  transporting the wastes to a tank or
  similar structure where the waste is
  heated and often mixed with a diluent
  organic fluid to facilitate uniformity,
  consistency, and proper viscosity of the
  waste or mixture. As a part of this
  process, the facilities (or their on-site
  contractors) process the wastes in ball
  mills and other devices to aid in
  providing requisite waste consistency to
  facilitate its eventual reinsertion into the
  coke oven. Temporary storage of the
  material to be recycled is often
  accomplished in "heated boxes"
  adjacent to the point at which the
  wastes are combined with the coal feed.
  The waste(s) is then usually sprayed or
  combined with coal as it is being
  conveyed into the coke ovens. The
  industry has found that waste recycling
  does not affect the quality of the product
  (coke), any of the by-products,  or the
  emissions from the process. The coke
  by-products proposed listing notice (56
 FR 35777-35781. July 28,1991) describes
 the recycling practices in greater detail.
 B. Agency Action
   EPA has decided to issue an
 administrative stay of the BIF rule  .
 insofar as it would apply to a coke oven
 reprocessing non-KOB7 hazardous
 wastes generated by the coke
 byproducts recovery process. This
 means that on August 21, coke ovens
 may continue to process residues from
 the byproducts recovery process that
 exhibit the TC without  the coke oven
 having to comply with the BIF
 regulations. As explained below, the
 Agency is taking this step in order to
 allow proper evaluation of the
 comments on the proposed rule, to avoid
 disrupting beneficial recycling practices
 that pose no incremental environmental
 risk over current practice, to preserve
 the current regulatory status quo, and to
 avoid undermining the detailed
 regulatory scheme for coke ovens
 recently enacted under  the amended
 Clean Air Act
   As explained in the July 26,1991:
 proposal, the TC-hazardous wastes from
 coke byproducts recovery are
 practically identical to K087 in terms of
  composition and constituent     -  -   .
  concentrations, and are handled
  identically to K087. Reprocessing the  • •
  wastes is just Wee reprocessing K087 .
  waste. The process involves the same
  equipment and chemical additives, and
  for practical purposes is one and the
  same.
   The Agency is always concerned that
  removing one environmental risk will
  increase another. Therefore, the Agency
  does not want another environmental
  medium to incur increased pollutant
  loading as a result of a recycling
  activity. This will probably not be the .
  result of staying the BIF rule's
  applicability to non-K087 coke
  byproducts hazardous waste. After
  considering the processes involved, the
  Agency believes that air emissions will
  not increase in amount or toxicity as a
  result of this activity. The waste added
  to the raw material is a small fraction of
  the coking process feed and the process
 itself can successfully consume (by
  thermal destructive distillation) the   ,
  combined raw material and waste.   .
 Indeed, the TC byproducts wastes
 comprise a small percentage of the total
 feed even hi comparison with decanter
 tank tar sludge (K087). It appears
 anomalous if burning this small amount
 of waste which is practically identical .to
 K087, and is co-processed with K087,
 would subject the coke oven to
 regulation under the BIF rule when
 burning K087 waste itself does not.
   The Agency is also concerned that
 RCRA regulations do not disrupt other ..
 regulatory programs and Congressional
 mandates. See RCRA section 1006. In
 this regard, the amended Clean Air Act
 establishes an elaborate scheme for
 regulating air emissions from coke •  .-
 ovens, consisting of technology-based
 and (eventually) risk based standards
 implemented under a phased schedule.
 CAA sections 112 (d)(8) and (i)(8). For
 many coke ovens, compliance with risk-
 based standards is deferred until 2020.
 Compliance with the initial technology- ,
 based standards commences in 1993
 with upgraded standards for certain
 ovens to occur in 1998. Imposing the
 risk-based and technology-based BIF  .
 standards on such units now could
 effectively abrogate this carefully-
 considered scheme by requiring   •
 compliance with a different potentially
 inconsistent set of standards in 1991.
The Agency questions whether this  '
 disruption of the Clean Air Act process
is warranted given that coke oven
emissions will be identical whether or  '
not these TC coke byproducts wastes
are reprocessed. The Agency certainly is
convinced that this potential disruption
is unwarranted while a regulatory   <'

-------
 43676   federal Register / Vol. 56, No.'172 / Tharsday.* September" 5. W91 J Rates'*nd
 pending.

 m. Effect of fee Admmbtraffve Stay
   It appears that regelating col* ovens
 processing TC coke byproduct* wastes
 would probably cause industry to stop
 recycling these materials (or subject the
 units to regulation under the BIF rule).
 Current information available to the
 Agency indicates that the industry is
 currently recycling many of these
 wastes (see 56 FR -35786, July 26,1991].
 The Agency in fact believes that the  ~
 data in the coke by-products proposal
 are somewhat outdated and tend to  ;  .
 understate the extent of recycling
 activities occurring in the industry.
   In addition,  the Agency has made a
 preliminary finding that the wastes are
 useful to the industry when they are
 recycled with.the raw material (coal).
 Similarly, the Agency has proposed a
 finding mat the recycled wastes add
 material varae without affecting the
 coke product and without leading to the-
 generation of increased ah* emission*
 from the, coking operations.
   Industry sources have indicated to the
 Agency mat forcing compliance with BIF
 rule standards because of recycling wffl
 have a negative impact within the
 industry and to fee environment The
 disincentive to recycle posed by
 compliance with the BIF rule wiH fead to
 disposal of the wastes instead (not a
 desirable option in this case largely
 because of loss of recycling benefits and
 increased waste transport and handling)
 and will lead to greater costs for the iron
 and steel industry to transport and
 dispose of these wastes as well.
   Currently, the benzene NESHAP
 imposed pursuant to old section 112 of
 the Clean Air Act standards
 promulgated by the Agency ta 1988 are
 forcing the industry to construct
 upgraded equipment at coking fa^ttjtfcg
 As a result of these activities, tanks and
 other process equipment are being shut
 down for deanout and preventive
 maintenance, leading to increased
generation of the TC byproducts waste*.
The cost of handling these wastes would
increase significantly if the recycrmg
option were not present as a mesas of
managing these wastes.
  EPA also does not anticipate advene
effects on the pnbh'c as a result of
issuing this administrative stay. The
information mat was before tbe Agency
when it proposed the ""fafkm on July
26 suggests that there will be no
incremental increase hi air emissions
resulting from the practice. -The stay will
also protect the resource recovery
benefits of reprocessing coke oven
byproducts wastes. The Agency notes
that this stay will preserve the state*
 quo (the traditional function of * stay).
 and allow sufficient time to review the
 public comment on mis issue; serving
 the public interest The Agency ako
 believes- that in assessing vhimate
 public interest one mast aaaame tkst
 the air emissions compliance schedule ''
 reflected in amended section 1X2 of the
 CAA reflects Congress' view of &e .
 public interest and that interest may
 best be served by not disrupting the
 Congressional scheme to control coke
 oven emissjoos.     ,,    '          •'

 IV. Conclusion
   EPA has decided to stay the
 applicability of the BIF rate to coke
 ovens burning TC hazardous waste*
 from the coke byproducts recovery
 process while EPA reviews the public
 comments on this issue. The stay will-
 remain in effect while the Agency
 considers the comments on the proposed
' rule. The Agency is issuing this
 administrative stay pursuant to 5 U^C.
 705 which provides that aa agency nay
 postpone the effective date of action
 taken by it when justice so requires,
 pending judicial review. (A number of
 steel industry members have petitioned
 for review of the BIF rule on this issue,}
 For the reasons gives above, the Agency
 believes that this standard is satisfied
 here. In addition, the Agency can take
 final administrative action on the
 proposed rule hi a relatively short time,
 and is under court order to issue a final
 rule no later than July of 1992. and so is
 in a position to act quickly should it
reconsider any feature of this action.
  The Agency notes that devices that
 are a part of the recycling process are
already exempt from regulation mder 40
CFR 261.8(cXl J. In the specific case of
coke by-products wastes, discrete unit*
such as ball mffl« and. processing tank*
would meet the provision* of this
existing exemption when ued to
pretreat the coke by-products recovery
waste before mixing with coal tar or
direct reinsertion to the coke oven. The
exemption does not apply to a recycfing
process that involves land disposal, nor
does this exemption necessarily apply
when media contaminated with listed
wastes are charged to the coke oven
(See 55 FR 22671, June X1980), Thu*, ma
administrative stay issued today does
not apply to such already-exempt
activities.
  Commenters to the Jury 28 proposed
rule also have questioned whether the
mixture and derived from rules apply to
residue* from the coke by-products
recovery process. The question was
raised because the regulatory exclusion
promulgated on February 21,1981 (4O  ••
CFR 261.4(8^10), 56 FR 7206) doe* not
specifically exclude such residues.
  Clearly, the Agency interprets the
  exclusion as cutting off appacabMity of
  tire derived from rule to other coke by-
  products residues. If the derived fiom  .
  rule applied, it would hsrve been
  unnecessary for EPA to have proposed
  listing these wastes fa the Jury 26    * '
  proposal (or for Congress to have   -  ~
  required EPA to determine whether to
  list these wastes in section 9001{eH2}).
  The language of the rule likewise makes
  clear that the derived from rote does not
  apply, as me coke oven process is
  excluded from regulation, retting off die
  derived from rule from that point
  onward. Thus, the coke by-products
  wastes proposedfor feting in the July 26
  notice are not currently covered by the
  K087 waste code.

  V. Effect on State Authorization

   The effects of the administrative stay
  are uniform for all states, as the BIF rule
  is based on Hazardous and Solid Waste
  Amendments JHSWAJ authority.
   As explained in the BIF rule (56 FR .
  7204, February 21,1991). EPA considers .
  most of the rule to be based on HSWA
  authority. HSWA-based permitting
  standards take effect simultaneously in
 all states, regardless of authorization   ,
 status. With respect to these HSWA-
 based requirements, the effect of the
 administrative stay is to defer in all
 stales EPA's implementation and
 enforcement of these requirements as   •
 they apply to coking facilities, beyond
 August 21,1991, in accordance with the
 administrative stay provisions.
   According to the schedule for state
 program revisions contained in 40 CFE
 271£t(e}, the February 21,1991 BIF rule
 is subject to a July 1, 1992 deadline {July
 1,1993 if a statutory change is required}
 for states to modify their bazardoes
 waste programs and thereafter seek
 approval from EPA for the program
 revision. Since the administrative stay '
 will in all probability no.t extend any
 effective date for a very long period of
 time. EPA considers it unlikely mat any '
 state will have received approval front •
 EPA to implement the February 21,1981
 regulation under RCRA authority with
 earlier or more stringent effective date*
 as they apply to coke oven* than those
 set out in this stay. Nevertheless, state*
 may modify their hazardous waste
 programs to adopt the BIF rule, even a*
 it applies to coke ovens, in the interim.
 While EPA encourages states to Inflow
 the deferral of the effectiveness of the
BIF rule as ft applies to coke ovens
announced  in this stay, state* may elect!
to implement the BIF rule with effective
date earlier than the Agency would Ike
under this stay, as a matter of state law.
Moreover, EPA would approve state

-------
          Federal Register / Vol. 56, No. 172 / Tftiarsday. September 5. 1991 / Rules and Regulations   43877
program with earlier dates became
they -would be more stringent than the
Federal program.
                          *.'••' •.
VL PjpecwDilt P«^'"*H
  This administrative stay does net
contain any information collection
reqairemente subject to OMB review
under the Paperwork Reduction Act of
1980. MITS.C. 3501 efseg. - -•

List of subjects in 40 CFR part 296   -

  Energy. Hazardous waste, Petroleum.
Recycling. Reporting and recordkeeping
requirements.
  Dated: August 21. 1991.

F.HMoyHabicbt
AetiiyJlHrnfnfefmfnr' .

PART266-STANDAROS FOR THE
MANAGEMENT OF SPECIFIC
HAZARDOUS WASTES AND SPECIFIC
TYPES OF HAZARDOUS WASTE
MANAGEMENT FACILITIES

  1. The authority citation-far part 266
continues to read as follows:
  AttdwritjRSectinns 1006, 2002{a3. 3004. and
3014 of the Solid Waste Disposal Art. as
amended by the Resource Conservation and
Recovery Act of 1976. as amended (42 U.S.C. •
8905. eau(a). §321 and 6834).

  2. Section 266.100 is amended by
revising paragraph fa] to read as
follows:

§266.100  Appncabmty.
  (a) The regulations of this subpart
apply to hazardous waste burned or
processed in a boiler or industrial
furnace (as defined in 1 260.10 of this
chapter) irrespective of the purpose of
burning or processing, except as
provided  by paragraphs (b), (cj, and (d)
of this section. In this subpart, the term
"burn" means burning for energy
recovery or destruction, or processing
for materials recovery or as an
ingredient. The emissions standards of
§5 266.104. 286.10S. 286.106. and 286.1O7
apply to facilities operating wider
interim status or under a RCRA permit
as specified in i§ 268.102 and 268.103.
Not*: Thli provision does sot apply to coke
ovens processing coke by-products wastes
exhibiting  tbeToxirity Characteristic
identified in 1 28L24 pending completion of a
rulemsklng proposed on July 26. 1981 f 56 FR
35787]. When (hat ndemaking is complete,
EPA wfll remove mis note.}

[FR Doc. OT-a»ZlFHed «-*-«; MS mm]
•NJJNd CODE SM04MI                 '  '
 40CFRPart721

 [OPTS-50575B; fiRL-3802-0]

 Alkane Polyol Phosphate Ester,
 Revocation of a Significant New Use
 Rule

 AGENCY: Environmental Protection
 Agency JEPA).
 ACTION: Final rule.'

 SUMMARY: EPA is revoking the
 significant new use rule (SNUR) at40
 CFR 721.288 that was promulgated under
 section 5(a)(2) of the Toxic Substances
 Control Act fTSCA] for the above  ,
 chemical substance baaed on receipt of
 new data. The data indicate that the
 substance will not present an
 unreasonable risk of injury to human
 health and further regulation under
 section 5 of TSCA is not warranted at
 this time.
 EFFECTIVE DATE: The effective date of
•this rule is November 4.1991.
 FOR FURTHER INFORMATION CONTACT:
 David KKng, Acting Director. TSCA
 Assistance Office (TS-799). Office of
 Toxic Substances. Environmental
 Protection Agency, on. EB-44.401M St.
 SW.. Washington, DC 20460, telephone
 (202) 554-1404, TDD {202] 554-0551,
 SUPPLEMENTARY INFORMATION: in the
 Federal Register of April 24,1990, (55 FR
 17376) EPA issued a SNUR establishing
 significant new uses for alkane polyoi
 phosphate ester. Because of additional
 toxicity data EPA has received for this
 substance. EPA proposed to revoke mis
 SNUR in the Federal Register of
 February 27,1991 £55 FR 8172).
 L Rulemaking Record
  The record for the rule which EPA is
 revoking was established in docket
 number OPTS-50575 (P-89-448). This
 record includes information considered
 by the Agency to developing this rule
 and includes the test data to which the
 Agency has responded with this
 revocation.     .

 IL Background
  The Agency proposed the revocation
 of the SNUR for this substance in the
 Federal Register of February 27,1991 (55
 FR 8173). The background and reasons
 for the revocation of the SNUR are set
 forth in the preamble to the proposed
 revocation. The Agency received no
 public comment concerning the
 proposed revocation. As a result EPA is
 revoking this SNUR.   .            •
 IH. Objectives and Ratioaale of    <
 Proposing Revocation of the Ride
  During review uf the PMN submitted
 for the chemical substance that is the
 subject of this revocation. EPA
 concluded that regulation was
 warranted under section 5{e) of TSCA
 pending the development of Information
 sufficient to make & reasoned evaluation
 bf the health effects of the substance.
 and EPA identified the tests considered
 necessary to evaluate the risks of the
 substance. The basis for such findings is
 referenced in the proposed revocation of
 this rule. Based on these findings, a
 section S(e) consent order was
 negotiated with the PMN submitter and
 a SNUR was promulgated. EPA
 reviewed the toxicity testing conducted
 by the PMN submitter for the substance
 and determined mat the jnformation
 available was sufficient to make a
 reasoned evaluation of the health effects
 of the substance. EPA concluded  that
 for the purposes of TSCA section 5. the
 substance will not present an
 unreasonable risk and subsequently
 revoked the section 5(e) consent order.
 The revocation of SNUR provisions for
 this substance designated herein is
 consistent with the revocation of the
 section 5(e) order. In light of the above
 EPA is revoking SNUR provisions for
 this chemical substance. EPA will no
 longer require notice of any company's'
 intent to manufacture, import or process
 this substance.

 List of Subjects hi 40 CFR Part 721
   Chemicals, Environmental protection.
 Hazardous materials, Recordkeeping
 and reporting requirements, Significant
 new uses.
  Dated: August 28,1991.
 Victor J.Kimra.
 Acting AssJrtaM Administrator for Pesticides
 and Toxic Substances.
  Therefore, 40 CFR part 721 is amended
 as follows:

 PART 721—(AMENDED]

.  3. The authority citation for part 721  :
 will continue to read as follows:
  Authority: 15 US.C. 2604 and 2607.

 {721288  {Removed]
  2. By removing 5 721288.
 [FR Doc. 91-21260 Fikd 9-4-91; 8:45 am]
 MLUNa CODE UtO-tO-f
 40 CFR Part 721

 [OPTS-50582D; FIU.-3893-3]

 Polymer of Malelc Anhydride,
 Benzenedlcarfaoxyflc Acid and
 Disubstltuted Alkylamine; Revocation"
 of a Significant New Use Rule

 AGENCY: Environmental Protection
 Agency (EPA).

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