Today’s issue of the Federal Register carries a notice from the EPA withdrawing two significant new use final rules. EPA is withdrawing these SNURs affecting multi-walled carbon nanotubes and single-walled carbon nanotubes after having received a notice of intent to submit adverse comments. The text of the notice is below and a link to the PDF version may be found here. The notice also refers to an earlier notice from EPA published in the Federal Register for June 24, 2009.
Federal Register: August 21, 2009 (Volume 74, Number 161)]
[Rules and Regulations]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 721
Certain Chemical Substances; Withdrawal of Significant New Use
AGENCY: Environmental Protection Agency (EPA).
ACTION: Withdrawal of final rules.
SUMMARY: EPA is withdrawing two significant new use rules (SNURs)
promulgated under section 5(a)(2) of the
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
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-
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
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
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
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.
Therefore, 40 CFR part 721 is amended as follows:
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]
2. By removing Sec. 721.10155.
Sec. 721.10156 [Removed]
3. By removing Sec. 721.10156.
[FR Doc. E9-20150 Filed 8-20-09; 8:45 am]
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