[Federal Register Volume 63, Number 249 (Tuesday, December 29, 1998)]
[Rules and Regulations]
[Pages 71599-71600]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-34428]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 710
[OPPTS-82052; FRL-6052-7]
1998 Reporting Notice and Amendment; Partial Updating of TSCA
Inventory Data Base, Production and Site Reports
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; Amendment; Notice of Reporting Period Extension.
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SUMMARY: This document announces an amendment to the Toxic Substances
Control Act (TSCA) Inventory Update Rule (IUR) that extends the
reporting deadline for 1998. The time for reporting has been extended
so that IUR reports are now due by January 31, 1999. This is a one-time
extension for the 1998 reporting period only. The IUR requires
manufacturers and importers of certain chemical substances included on
the TSCA Chemical Substance Inventory to report current data on the
production volume, plant site, and site-limited status of the
substances.
DATES: This amendment is effective December 29, 1998. The 1998 IUR
reporting period is extended to run from August 25, 1998 to January 31,
1999.
FOR FURTHER INFORMATION CONTACT: For general information contact: Susan
B. Hazen, Director, Environmental Assistance Division (7408), Office of
Pollution Prevention and Toxics, Environmental Protection Agency, 401 M
St., SW., Washington, DC 20460; telephone: (202) 554-1404; TDD: (202)
554-0551; e-mail: TSCA-Hotline@epamail.epa.gov. For technical
information contact: Scott M. Sherlock, Information Management Divison
(7407), Office of Pollution Prevention and Toxics, Environmental
Protection Agency, 401 M St., SW., Washington, DC 20460, telephone:
(202) 260-1536, fax: (202) 260-9555, e-mail: sherlock.scott@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Does this Notice Apply to Me?
You may be potentially affected by this action if you manufactured
or imported organic chemicals or other chemicals subject to proposed or
final rules or orders during your company's latest fiscal year prior to
August 25, 1998. This notice announces a rule amendment which provides
for an extension of the 1998 IUR reporting deadline. The Agency must
receive the reports by January 31, 1999. The original Federal Register
notice for the 1998 IUR collection was published on August 28, 1998 (63
FR 45950)(FRL-6028-3). Potentially affected categories and entities may
include, but are not limited to:
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Examples of potentially
Category Affected Entities
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Chemical manufacturers (SIC codes 28 and Manufacturers of chemical
2911). substances subject to the
rule.
Chemical importers (SIC Codes 28 and 2911) Importers of chemical
substances. Under the
regulations importers
include such persons as
brokers, agents, importers
of record, consignees, and
owners.
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This table is not intended to be exhaustive, but rather provides a
summary guide for readers regarding entities likely to be affected by
this action. Other types of entities not listed in this table could
also be affected. To determine whether you or your business is affected
by this action, you should carefully examine the applicability
provisions beginning at 40 CFR part 710. If you have any questions
regarding the applicability of this action to a particular entity,
consult the technical person listed in the ``FOR FURTHER INFORMATION
CONTACT'' section.
II. How Can I Get Additional Information or Copies of this Document
or Other Support Documents?
A. Electronically
You may obtain electronic copies of this document and other IUR
related documents from the EPA Internet Home Page at http://
www.epa.gov/opptintr/iur98. On the Home Page select ``Laws and
Regulations'' and then look up the entry for this document under
``Federal Register - Environmental Documents.'' An alternative internet
address is the ``Federal Register'' listings at http://www.epa.gov/
homepage/fedrgstr/.
B. Fax-on-Demand
You may request a faxed copy of the Form U, the form used for IUR
reporting, by using a faxphone to call (202) 401-0527 and selecting
item 5119.
C. In Person or By Phone
If you have any questions or need additional information about this
action, please contact the technical person identified in the ``FOR
FURTHER INFORMATION CONTACT'' section, or the staff at the TSCA
Hotline. In addition, the official record for the IUR has been
established under docket control number OPPTS-82015A. The public
version of this record, including printed, paper versions of any
electronic comments, which does not include any information claimed as
CBI, is available for inspection in Rm. G-099, Waterside Mall, 401 M
St., SW., Washington, DC, from noon to 4 p.m., Monday through Friday,
excluding legal holidays. The Docket Office telephone number is (202)
260-0660.
III. Why is the Agency taking this Action?
EPA is issuing this amendment to extend the 1998 reporting period
for IUR reporting until January 31, 1999. The August 28, 1998 Notice
designated the IUR reporting period as August 25, 1998 to December 23,
1998. The Agency is taking this action in response to concerns raised
by the regulated community about their ability to submit the required
information in a timely basis. There are two separate process issues
that are the bases to these concerns. First, the Agency did not make
reporting materials available to the regulated community until August
28, 1998, three days after the beginning of the reporting period.
Second, the Agency introduced reporting software on disks for this
reporting period, and a significant portion of the regulated community
is having some difficulty working with the new reporting media. EPA
believes it is appropriate to extend the reporting period to allow the
regulated community to adjust to the new software and submit their
reports.
IV. What is the Agency's Authority for Taking the Action in this
Document?
The Inventory Update Rule or IUR is issued pursuant to the
authority of
[[Page 71600]]
section 8(a) of TSCA, 15 U.S.C. 2607(a). The regulations for this rule
are located at 40 CFR part 710, (51 FR 21438, June 12, 1986).
Under section 553(b)(3)(B) of the Administrative Procedure Act
(APA), 5 U.S.C. 553(b)(3)(B), the Agency may make a rule immediately
final if it finds that notice and public participatory procedures are
impracticable, unnecessary or contrary to the public interest. In this
case, for the extension sought, the Agency does find that normal notice
and public process rulemaking is impracticable, unnecessary and
contrary to the public interest.
The Agency believes that this one time extension is consistent with
the public interest because it is designed to facilitate compliance
with the IUR and to ensure that the 1998 collection includes accurate
data on chemical manufacturing in the United States. The Agency further
believes that the one time extension will not adversely affect
potential users of the IUR data since the extension will not delay the
processing of the IUR collected information.
Notice and public comment are impracticable because the existing
reporting deadlines would expire by the time the notice and comment
period was completed. As indicated above, EPA intends to process the
IUR information on an expedited schedule, making the information
available to users in the same time frame as originally planned.
Similarly, under section 553(d) of the APA, 5 U.S.C. 553(d), the
Agency may make a rule immediately effective ``for good cause found and
published with the rule.'' In addition to the reasons discussed above,
EPA believes that there is ``good cause'' because today's action does
not impose any additional burdens on the regulated community, and in
fact provides a more relaxed reporting schedule. Accordingly, EPA is
making this amendment effective upon publication in the Federal
Register.
V. Do Any Regulatory Assessment Related Requirements Apply to this
Action?
No. This action is classified as a final rule because it makes an
amendment to the Code of Federal Regulations (CFR). The amendment to
the CFR is necessary to allow for a one time extension to the 1998
reporting IUR period. This action does not impose any new requirements
or amend the existing requirements. 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). This action does not impose any enforceable duty, contain any
unfunded mandate, or impose any significant or unique impact on small
governments as described in the Unfunded Mandates Reform Act of 1995
(Pub. L. 104-4), and does not require prior consultation with State,
local, and tribal government officials as specified by Executive Order
12875, entitled Enhancing Intergovernmental Partnerships (58 FR 58093,
October 28, 1993) or Executive Order 13084, entitled Consultation and
Coordination with Indian Tribal Governments (63 FR 27655, May 19,1998),
or involve special consideration of environmental justice related
issues as required by Executive Order 12898, entitled Federal Actions
to Address Environmental Justice in Minority Populations and Low-Income
Populations (59 FR 7629, February 16, 1994). This action does not
involve any technical standards that would require Agency consideration
of voluntary consensus standards pursuant to section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (NTTAA), Pub.
L. 104-113, section 12(d) (15 U.S.C. 272 note). In addition, since this
action is not subject to notice-and-comment requirements under the
Administrative Procedure Act or any other statute, it is not subject to
the regulatory flexibility provisions of the Regulatory Flexibility Act
(5 U.S.C. 601 et seq.). EPA's compliance with these statutes and
Executive Orders for the underlying rule is discussed in the preamble
to the final IUR rule (63 FR 45950, August 28, 1998)(6028-3).
VI. Does EPA Have to Submit this Action to Congress and the
Comptroller General of the United States?
Yes, this one time extension to the 1998 IUR reporting period is
classified as a ``final rule.'' 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, which
includes a copy of the rule, to each House of the Congress and to the
Comptroller General of the United States. However, section 808 provides
that for any rule for which the issuing agency for good cause finds
(and incorporates the finding and a brief statement of reasons
therefore in the rule) that notice and public procedure thereon are
impracticable, unnecessary or contrary to the public interest, shall
take effect at such time as the agency promulgating the rule
determines. 5 U.S.C. 808(2). As stated previously, EPA has made such a
good cause finding, including the reasons therefore, and established an
effective date of December 29, 1998. 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 710
Environmental protection, Chemicals, Hazardous substances,
Reporting and recordkeeping requirements.
Dated: December 17, 1998.
Susan H. Wayland,
Acting Assistant Administrator for Prevention, Pesticides and Toxic
Substances.
Therefore 40 CFR part 710 is amended as follows:
PART 710--[AMENDED]
1. The authority citation for part 710 continues to read as
follows:
Authority: 15 U.S.C. 2607(a).
2. Section 710.33 is amended by revising paragraph (b) and by
adding paragraph (c) to read as follows:
Sec. 710.33 When to report.
* * * * *
(b) Recurring reporting periods. The first recurring reporting
period is from August 25, 1990 to December 23, 1990. Subsequent
reporting periods, except as provided in paragraph (c) of this section,
are from August 25 to December 23 at 4-year intervals thereafter. Any
person described in Sec. 710.28(b) must report during the appropriate
reporting period for each chemical substance described in Sec. 710.25
that the person manufactured during the applicable corporate fiscal
year described in Sec. 710.28(b).
(c) Reporting in 1998. The 1998 reporting period is from August 25,
1998 until January 31, 1999. Any person described in Sec. 710.28(b)
must report during this reporting period for each chemical substance
described in Sec. 710.25 that the person manufactured during the
applicable corporate fiscal year described in Sec. 710.28(b). This
reporting period is applicable to 1998 reporting only.
[FR Doc. 98-34428 Filed 12-28-98; 8:45 am]
BILLING CODE 6560-50-F
