[Federal Register Volume 63, Number 217 (Tuesday, November 10, 1998)]
[Rules and Regulations]
[Pages 62955-62956]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-29813]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 721
[OPPTS-50632A; FRL-6042-2]
RIN 2070-AB27
Significant New Uses of Certain Chemical Substances; Correction
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; correction.
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SUMMARY: EPA issued a document (FR Doc. 98-22441) in the Federal
Register of August 20, 1998 issuing significant new use rules (SNURs)
for 73 substances. This document inadvertently did not assign an
exemption to notification requirements for a substance subject to one
of these SNURs. EPA did not intend to omit this exemption to
notification requirements. This action is necessary in order to issue
the correct notification requirements.
DATES: This document is effective on November 10, 1998.
FOR FURTHER INFORMATION CONTACT: Susan B. Hazen, Director,
Environmental Assistance Division (7408), Office of Pollution
Prevention and Toxics, Environmental Protection Agency, Rm. E-531, 401
M St., SW., Washington, DC 20460, telephone: (202) 554-1404, TDD: (202)
554-0551; e-mail: TSCA-Hotline@epa.gov.
SUPPLEMENTARY INFORMATION: EPA issued a document (FR Doc. 98-22441) in
the Federal Register of August 20, 1998 (63 FR 44562) (FRL-5788-7)
which inadvertently did not assign an exemption to notification
requirements for a substance for which a SNUR was issued. This
correction adds the exemption to notification requirements for
Sec. 721.9719.
I. Regulatory Assessment Requirements
A. Certain Acts and Executive Orders
This final rule does not impose any requirements. It only
implements a correction to the Code of Federal Regulations. As such,
this action does not require review by the Office of Management and
Budget (OMB) under Executive Order 12866, entitled Regulatory Planning
and Review (58 FR 51735, October 4, 1993), the Paperwork Reduction Act
(PRA), 44 U.S.C. 3501 et seq., or Executive Order 13045, entitled
Protection of Children from Environmental Health Risks and Safety Risks
(62 FR 19885, April 23, 1997). For the same reason, it does not require
any action under Title II of the Unfunded Mandates Reform Act of 1995
(UMRA) (Pub. L. 104-4) or Executive Order 12898, entitled Federal
Actions to Address Environmental Justice in Minority Populations and
Low-Income Populations (59 FR 7629, February 16, 1994). In addition,
since this type of action does not require any proposal, no action is
needed under the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et
seq.).
B. Executive Order 12875
Under Executive Order 12875, entitled Enhancing the
Intergovernmental Partnership (58 FR 58093, October 28, 1993), EPA may
not issue a regulation that is not required by statute and that creates
a mandate upon a State, local, or tribal government, unless the Federal
government provides the funds necessary to pay the direct compliance
costs incurred by those governments. If the mandate is unfunded, EPA
must provide to OMB a description of the extent of EPA's prior
consultation with representatives of affected State, local, and tribal
governments, the nature of their concerns, copies of any written
communications from the governments, and a statement supporting the
need to issue the regulation. In addition, Executive Order 12875
requires EPA to develop an effective process permitting elected
officials and other representatives of State, local, and tribal
governments ``to provide meaningful and timely input in the development
of regulatory proposals containing significant unfunded mandates.''
Today's rule does not create an unfunded Federal mandate on State,
local, or tribal governments. The rule does not impose any enforceable
duties on these entities. Accordingly, the requirements of section 1(a)
of Executive Order 12875 do not apply to this rule.
C. Executive Order 13084
Under Executive Order 13084, entitled Consultation and Coordination
with Indian Tribal Governments (63 FR 27655, May 19, 1998), EPA may not
issue a regulation that is not required by statute, that significantly
or uniquely affects the communities of Indian tribal governments, and
that imposes substantial direct compliance costs on those communities,
unless the Federal government provides the funds necessary to pay the
direct compliance costs incurred by the tribal governments. If the
mandate is unfunded, EPA must provide to OMB, in a separately
identified section of the preamble to the rule, a description of the
extent of EPA's prior consultation with representatives of affected
tribal governments, a summary of the nature of their concerns, and a
statement supporting the need to issue the regulation. In addition,
Executive Order 13084 requires EPA to develop an effective process
permitting elected officials and other representatives of Indian tribal
governments ``to provide meaningful and timely input in the development
of regulatory policies on matters that significantly or uniquely affect
their communities.''
Today's rule does not significantly or uniquely affect the
communities of Indian tribal governments. This rule does not involve or
impose any requirements that affect Indian tribes. Accordingly, the
requirements of section 3(b) of Executive Order 13084 do not apply to
this rule.
[[Page 62956]]
II. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to 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: October 28, 1998.
Ward Penberthy,
Acting Director, Chemical Control Division, Office of Pollution
Prevention and Toxics.
In FR Doc. 98-22441 published on August 20, 1998 (63 FR 44562) make
the following correction:
Sec. 721.9719 [Corrected]
On page 44583, in the first column, in Sec. 721.9719(a)(2)(i),
beginning in the third line, ``(a), (b), (c), (d), (f), (g)(3)(i),
(g)(3)(ii), (g)(4)(i), and (g)(5).'' is corrected to read ``(a), (b),
(c), (d), (e) (concentration set at 1.0 percent), (f), (g)(3)(i),
(g)(3)(ii), (g)(4)(i), and (g)(5).''.
[FR Doc. 98-29813 Filed 11-9-98; 8:45 am]
BILLING CODE 6560-50-F
