[Federal Register Volume 59, Number 160 (Friday, August 19, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-20440]
[[Page Unknown]]
[Federal Register: August 19, 1994]
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EVIRONMENTAL PROTECTION AGENCY
40 CFR Part 749
[OPPTS-61018A; FRL-4867-3]
RIN 2070-AC57
Prohibition of Hexavalent Chromium-Based Water Treatment
Chemicals in Comfort Cooling Towers; Amendment To Limit the Scope of
the Export Notification Requirements
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: This rule amends 40 CFR part 749, subpart D, which prohibits,
under section 6 of the Toxic Substances Control Act (TSCA), the use of
hexavalent chromium-based water treatment chemicals in comfort cooling
towers and the distribution of such chemicals in commerce for use in
comfort cooling towers. Today's action amends 40 CFR 749.68 to clarify
that only hexavalent chromium chemicals that can be used for water
treatment are the subjects of this regulation, not other hexavalent
chromium chemicals. This amendment limits the scope of export
notifications currently required for hexavalent chromium chemicals
under TSCA section 12(b), the TSCA Export Notification Rule (40 CFR
part 707), and Sec. 749.68. No changes to the prohibitions or labeling
requirements of the hexavalent chromium rule are intended by this
amendment. As amended, Sec. 749.68 does not trigger the section 12(b)
export notification requirements for exports of hexavalent chromium
products such as certain paints, dyes, pigments, coatings,
electroplating and conversion coating products, and other products
containing hexavalent chromium that cannot be used to treat water.
DATES: This rule shall become effective on September 19, 1994. In
accordance with 40 CFR 23.5, this rule shall be promulgated for
purposes of judicial review at 1 p.m. eastern daylight time (or
standard time) on September 2, 1994.
FOR FURTHER INFORMATION CONTACT: Geraldine Gardner, Office of
Enforcement and Compliance Assurance (2245), Environmental Protection
Agency, 401 M St., SW., Washington, DC 20460, Telephone: 202-260-8858.
SUPPLEMENTARY INFORMATION: In the Federal Register of November 30, 1993
(58 FR 63148), EPA proposed an amendment to 40 CFR part 749, subpart D,
which prohibits the use of hexavalent chromium (Cr+6)-based water
treatment chemicals in comfort cooling towers (CCTs) and the
distribution of such chemicals in commerce for use in CCTs. The
regulatory text of today's amendment is identical to the regulatory
text of the proposed amendment. Comments received on the proposed
amendment are addressed in Unit V of this preamble. Today's amendment
modifies 40 CFR 749.68 to clarify that only Cr+6 chemicals that
can be used for water treatment are the subjects of the regulation, not
other Cr+6 chemicals. This change limits the scope of TSCA section
12(b) export notifications currently required for Cr+6 chemicals.
I. Authority
This amendment is being promulgated pursuant to TSCA sections 6 (15
U.S.C. 2605) and 12(b) (15 U.S.C. 2611(b)). Section 6 of TSCA
authorizes EPA to impose regulatory controls if EPA finds that there is
a reasonable basis to conclude that the manufacture, processing,
distribution in commerce, use, or disposal of a chemical substance or
mixture presents or will present an unreasonable risk of injury to
human health or the environment. Under this authority, EPA issued a
final rule in the Federal Register of January 3, 1990 (55 FR 222), that
prohibits the use of Cr+6-based water treatment chemicals in CCTs
and the distribution in commerce of Cr+6-based water treatment
chemicals for use in CCTs (40 part CFR 749, subpart D). The rule also
requires persons who distribute in commerce Cr+6-based water
treatment chemicals to label the containers of the chemicals.
Section 12(b) of TSCA requires that any person who exports or
intends to export to a foreign country a chemical substance or mixture
for which: (1) The submission of data is required under TSCA section 4
(15 U.S.C. 2603) or 5(b) (15 U.S.C. 2604(b)); (2) an order has been
issued under section 5; (3) a rule has been proposed or promulgated
under section 5 or 6 (15 U.S.C. 2605); or (4) relief has been granted
under section 5 or 7 (15 U.S.C. 2606) to notify the Administrator of
EPA of such exportation or intent to export. Upon receipt of such
notification, section 12(b) of TSCA requires EPA to furnish the
government of the importing country with: notice of the availability of
data received pursuant to action under section 4 or 5(b), or notice of
such rule, order, action, or relief under section 5, 6, or 7. EPA
promulgated a rule setting forth the export notification requirements
of TSCA section 12(b) under 40 CFR part 707, subpart D. EPA amended the
export notification rule to limit notifications triggered by TSCA
section 4 actions on July 27, 1993 (58 FR 40238).
II. Background
Because the Cr+6 rule was promulgated under TSCA section 6,
export notification requirements under section 12(b) are triggered.
Currently, all Cr+6 chemicals are subject to section 12(b) because
the term ``Cr+6 chemicals'' is presently defined in
Sec. 749.68(d)(10) as ``any combination of chemical substances
containing hexavalent chromium and includes hexavalent chromium-based
water treatment chemicals.'' Thus, for example, the export of paint
containing a Cr+6 chemical that cannot be used for water treatment
would currently trigger the section 12(b) notification requirements.
In the preamble to the final Cr+6 rule, EPA stated that
pursuant to TSCA section 12(b) and 40 CFR part 707, subpart D, persons
who export or intend to export Cr+6 chemicals are required to
notify EPA of those activities. EPA indicated that export notification
would be required for all Cr+6 exports ``because the substance
subject to the rule is Cr+6'' and that it did not believe that the
requirement should be narrowed, as a practical matter, because of the
difficulty in determining the end use of the Cr+6 at the time of
export. EPA also anticipated that the burden of the notification
requirements that would be triggered by the export of Cr+6 for
uses not regulated by the rule would be minimal.
After promulgation of the final Cr+6 rule, the Chrome
Coalition filed a Petition for Review with the United States Court of
Appeals, District of Columbia Circuit dated April 17, 1990 (Chrome
Coalition v. U.S. Environmental Protection Agency, No. 90-1138). In the
petition, the Chrome Coalition argued that because EPA failed to set
forth its interpretation of TSCA section 12(b) in the proposed rule,
the public was unable to comment on that interpretation. Additionally,
they argued that EPA's interpretation of section 12(b) is too broad in
the context of the Cr+6 rule, and imposes an unnecessary burden on
any business that exports products containing Cr+6, even when the
products cannot be used in water treatment. As a part of the settlement
reached with the Chrome Coalition on December 15, 1992, EPA agreed to
promulgate a rule that addressed the concerns raised by the Coalition.
The Settlement Agreement was filed with the United States Court of
Appeals, District of Columbia Circuit on January 7, 1993.
In light of the Chrome Coalition's Petition, EPA reevaluated the
need to broadly require export notification for all Cr+6 chemicals
and proposed to modify the rule to clarify it on November 30, 1993 (58
FR 63148).
III. Summary of this Final Rule
EPA is amending the Cr+6 rule solely to clarify the scope of
coverage of the rule, thereby limiting the scope of the required
section 12(b) notifications. This rule will require notification under
40 CFR part 707, subpart D, for the export or intended export of
Cr+6 chemicals that can be used for water treatment. EPA is
listing in Sec. 749.68 certain specific Cr+6 chemicals that the
Agency believes can be used to treat water. This is not meant to be a
complete listing of all Cr+6 chemicals that can be used to treat
water, but rather a listing of examples. The export of any Cr+6
chemicals alone, or in combination with other chemical substances when
the mixture can be used to treat water cooling systems, will trigger
the TSCA section 12(b) export notification requirements.
Under existing language of the Cr+6 rule, TSCA section 12(b)
export notification is required for all Cr+6 compounds, if they
are exported alone, or in combination with other substances, even if
the exported product cannot be used to treat water. With today's
amendment, exporters of hexavalent chromium products such as paints,
dyes, pigments, electroplating and conversion coating products, and
other substances containing Cr+6 that cannot be used to treat
water will not need to report the export to EPA under TSCA section
12(b). To accomplish this, EPA is amending the subject of the Cr+6
rule, certain definitions, and other appropriate provisions, as
discussed below.
IV. Discussion of this Final Rule
Exports of certain Cr+6 chemicals (e.g., in such products as
paints, dyes, pigments, electroplating and conversion coating products)
may now be triggering TSCA section 12(b) export notifications in more
cases than are necessary to reasonably carry out the purposes of TSCA
section 12(b) and the section 6 Cr+6 rule. EPA believes the
current burden associated with exporters providing notification for
exports of Cr+6 chemicals that cannot be used for water treatment
to be substantial, without providing any appreciable reduction in the
risk addressed in the Cr+6 rule. In addition, the benefits to
countries receiving these notifications are thought to be minimal. This
amendment modifies Sec. 749.68 to clarify that only Cr+6 chemicals
that can be used to treat water are the subjects of the Cr+6 rule.
Because the amended regulation will address the risk concerns
identified as the basis for the existing Cr+6 rule, but at a lower
cost, EPA finds that the amended rule will continue to protect human
health and the environment against unreasonable risk of injury.
Moreover, this change, EPA believes, will provide to importing
countries information more reflective of EPA's concerns and will
further Congress' intent, pursuant to TSCA section 2(c) (15 U.S.C. 2601
(c)) that EPA administer TSCA ``in a reasonable and prudent manner.''
This change is supported by the TSCA section 6 Cr+6 rulemaking
effort. The supporting documentation used by EPA to promulgate the
Cr+6 rule focused on data regarding Cr+6 emissions from CCTs
(55 FR 222 at 224). A background document, ``Chromium Emissions from
Comfort Cooling Towers - Background Information for Proposed
Standards'' (EPA-450/3-87-010a), March 1, 1988 (OPTS 61012) described
EPA's regulatory alternatives and expected impacts. The information-
gathering, analysis, and rulemaking were used solely to support a TSCA
section 6 determination regarding Cr+6-based water treatment
chemicals and not all possible Cr+6 mixtures and products.
Therefore, EPA believes that this amendment is consistent with the
originally intended scope and coverage of the TSCA section 6
regulations.
The revised regulatory language clarifies that the chemicals
subject to the rule are any Cr+6 chemicals that can be used to
treat water, either alone or in combination with other chemicals, where
the mixture can be used to treat water. As stated above, the intended
effect of this change is to reduce the scope of the TSCA section 12(b)
export notifications that are triggered by Sec. 749.68.
Currently, the section heading of Sec. 749.68 reads ``Hexavalent
chromium chemicals in comfort cooling towers.'' EPA believes that a
more appropriate focus and heading for the rule is ``Hexavalent
chromium-based water treatment chemicals in cooling systems,'' and is
therefore implementing this change. Also, because the term ``hexavalent
chromium chemicals'' in the current Sec. 749.68(d)(10) will no longer
be used, the definition is dropped.
As discussed above, the TSCA section 12(b) export notification
requirements are triggered by the export of certain chemical substances
or mixtures that are the subjects of certain actions under TSCA,
including Cr+6 because of the section 6 Cr+6 rule. Currently,
Sec. 749.68(a) states:
(a) Chemical substance subject to this section. Hexavalent
chromium, usually in the form of sodium dichromate (CAS No. 10588-
01-9), is subject to this section.
Today, Sec. 749.68(a) is amended to state:
(a) Chemicals subject to this section. Hexavalent chromium-based
water treatment chemicals that contain hexavalent chromium, usually
in the form of sodium dichromate (CAS No. 10588-01-9), are subject
to this section. Other examples of hexavalent chromium compounds
that can be used to treat water are: Chromic acid (CAS No. 7738-94-
5), chromium trioxide (CAS No. 1333-83-0), dichromic acid (CAS No.
13530-68-2), potassium chromate (CAS No. 7789-00-6), potassium
dichromate (CAS No. 7778-50-9), sodium chromate (CAS No. 7775-11-3),
zinc chromate (CAS No. 13530-65-9), zinc chromate hydroxide (CAS No.
153936-94-6), zinc dichromate (CAS No. 14018-95-2), and zinc
potassium chromate (CAS No. 11103-86-9).
By instituting this amendment in conjunction with the other changes
discussed herein, especially those at Sec. 749.68(d)(11) (see below),
EPA intends that only Cr+6 compounds which can be used to treat
water, either alone or in combination with other chemicals, where the
mixture can be used to treat water, would be subject to the rule and
thus the section 12(b) export notification requirements.
Related to this change, EPA is amending certain language in
Sec. 749.68(b), entitled ``Purpose,'' and Sec. 749.68(c), entitled
``Applicability,'' to reflect the changed focus of the rule from
Cr+6 to Cr+6-based water treatment chemicals. Refer to
Sec. 749.68(b) and (c) of the regulatory text for the revised language.
EPA is also adding a chemical definition of Cr+6 in
Sec. 749.68(d)(10) to clarify the revised subject of the rule. The
definition of Cr+6 is now ``the oxidation state of chromium with
an oxidation number of +6; a coordination number of 4 and tetrahedral
geometry.''
Another key change is a revised definition of ``hexavalent
chromium-based water treatment chemicals.'' The current definition in
Sec. 749.68(d)(11) states that ``hexavalent chromium-based water
treatment chemicals means any hexavalent chromium, alone or in
combination with other water treatment chemicals, used to treat
water.'' (emphasis added). The amended definition states that
``hexavalent chromium-based water treatment chemicals means any
chemical containing hexavalent chromium which can be used to treat
water, either alone or in combination with other chemicals, where the
mixture can be used to treat water.'' (emphasis added). This change is
intended to require export notification for the export of chemicals
that can be used to treat water, whether or not they are actually used
to treat water. EPA believes that exporters will not always know the
actual end use of the Cr+6 product. However, EPA believes that
exporters are likely to know potential end uses or how Cr+6 can be
used. Additionally, to help exporters identify which Cr+6
compounds can be used, either alone, or in combination with other
chemicals to treat water, the Agency is listing examples of such
compounds. This change is not intended to have any effect on the
current labeling requirements or the prohibitions of the Cr+6
rule.
In order that the labeling requirements will not be affected by the
changes being made today, EPA is changing the language of
Sec. 749.68(g). Currently, the labeling requirement at Sec. 749.68(g)
states:
Labeling. (1) Each person who distributes in commerce hexavalent
chromium-based water treatment chemicals after February 20, 1990,
shall affix a label. . .
As the current definition of ``hexavalent chromium-based water
treatment chemicals'' in Sec. 749.68(d)(11) is ``any hexavalent
chromium, alone or in combination with other water treatment chemicals,
used to treat water,'' (emphasis added) labeling is required only for
hexavalent chromium-based water treatment chemicals used to treat
water. As stated above, the new definition of ``hexavalent chromium-
based water treatment chemicals'' in Sec. 749.68(d)(11) is ``any
hexavalent chromium which can be used to treat water. . .'' (emphasis
added). Without changing Sec. 749.68(g), this new definition would have
the effect of expanding the labeling requirements to require labeling
of any hexavalent chromium, either alone or in combination with other
chemicals, that can be used to treat water, where the mixture can be
used to treat water. However, as the intent of this amendment is not to
change the scope of the labeling requirements, the phrase ``for use in
cooling systems'' is being added to Sec. 749.68(g). This section now
reads:
(g) Labeling. (1) Each person who distributes in commerce
hexavalent chromium-based water treatment chemicals for use in
cooling systems after February 20, 1990, shall affix a label. . .
EPA believes this change, along with the other modifications, will have
the effect of maintaining the current labeling requirements.
All of the changes are meant to reduce the scope of TSCA section
12(b) export notifications without affecting the prohibitions and
labeling requirements in the current rule. With today's amendment, EPA
intends that exporters of paints, dyes, pigments, electroplating and
conversion coating products, and other products containing Cr+6
that cannot be used to treat water will not report the export to EPA
under TSCA section 12(b). To accomplish this, EPA is amending certain
definitions and other appropriate provisions of the Cr+6 rule as
discussed above. EPA believes that today's rule will reduce the burden
on the regulated community in cases where export notification provides
little or no benefit to importing countries.
Today's rule is consistent with other Agency efforts to improve the
utility of these notices for receiving governments, and to optimize the
ability of EPA to process more efficiently export notices it receives
annually and respond to requests from foreign governments for
additional information on chemicals and export notices. For example, on
July 21, 1981 (46 FR 37608), in its notice on ``Asbestos Export
Notification,'' EPA clarified the reporting responsibilities of persons
exporting asbestos or mixtures containing asbestos by defining which
types of asbestos require export notification. As another example, on
July 27, 1993 (58 FR 40238), in a Federal Register document entitled
``Export Notification Requirement; Change to Reporting Requirements;
Final Rule,'' EPA issued a rule that changed the current annual
notification requirements for exporters of chemical substances and
mixtures subject to TSCA section 4 test rules or consent orders to a
one-time (instead of annual) export notification per chemical per
importing country.
EPA believes that such actions, and today's action, will enhance
other governments' ability to thoughtfully consider notices received
under TSCA section 12(b) and react appropriately to chemicals being
imported by focusing export notifications on a more defined set of
chemicals that EPA has identified for regulatory action. As EPA stated
in the preamble to the final export notification rule, ``[t]he intended
focus of the notice to foreign governments is the chemical substance or
mixture and what EPA has done or found out about it. . . .'' (45 FR
82844, December 16, 1980). Since the primary purpose of TSCA section
12(b) export notification is to alert and inform other governments of
hazards that may be associated with a chemical substance or mixture, it
is important that the export notification requirements are implemented
in a manner that efficiently conveys EPA's concerns. EPA believes that
today's amendment will increase the efficiency of the operation of the
section 12(b) requirement as applied to the Cr+6 rule by
eliminating the current export notifications associated with the export
of Cr+6 chemicals that cannot be used to treat water.
V. Significant Comments on the Proposed Rule
One commenter requested that EPA expressly mention electroplating
and conversion coating products among the examples of products excluded
from the TSCA section 12(b) notification requirement. Based on a
technical evaluation of this request, in appropriate sections of the
preamble of this final rule, EPA is adding electroplating and
conversion coating products as examples of products excluded from the
export notification requirement because these products containing
hexavalent chromium cannot be used to treat water. However, EPA does
not intend that the listing of specific examples should exclude any
other products that cannot be used to treat water.
A second comment was that EPA revise the definition of ``hexavalent
chromium-based water treatment chemicals'' to encompass only hexavalent
chromium ``intended'' for use in treating water, not that which ``can
be'' so used. EPA considered the option of substituting hexavalent
chromium ``intended'' for use in treating water for the proposed ``can
be used'' in the definition of ``hexavalent chromium-based water
treatment chemicals,'' but has decided against such substitution. EPA
believes it could be extremely difficult to determine the exporter's
intent regarding use of an exported product. It is difficult to
determine the ``intent'' of a manufacturer in exporting a substance or
mixture. However, even if the intent of the exporter could be
determined as not including water treatment uses, once the substance or
mixture is imported into the foreign country, it could be used for a
water treatment purpose not withstanding the intent of the exporter.
Retaining the ``can be used'' definition helps to ensure that foreign
countries receive notice of the import of substances or mixtures that
could be of concern.
Another comment suggested adopting a de minimis and impurity
exclusion for the export of section 12(b) substances. EPA currently
requires export notification for any section 12(b) substance present in
mixtures, excluding articles other than PCB articles, at any
concentration and regardless of whether it is intentionally present in
the mixture or is present as an impurity. The suggestion made by the
commenter is outside the scope of this rulemaking. However, as stated
in the preamble to a final amendment made to the export notification
rule in the Federal Register of July 27, 1993 (58 FR 40238), EPA may
examine additional approaches modifying the section 12(b) export
notification program in the future.
Finally, one commenter requested that EPA publish a formal 12(b)
list in the Code of Federal Regulations (CFR), which would include
effective and sunset (termination) dates. Because section 12(b) export
notification is required only for substances that are the subject of
certain regulatory actions taken under TSCA section 4, 5, 6, or 7, EPA
believes the notice associated with publication of these underlying
actions in the Federal Register is sufficient for purposes of section
12(b). Moreover, the notices initiating these underlying actions
generally include a specific discussion of obligations triggered under
12(b). Section 12(b) of TSCA requires no additional rulemaking,
separate from the underlying actions, to trigger the export
notification requirements. For final rules and orders, effective dates
for the 12(b) requirements are the same as the effective dates of the
underlying actions. In cases where the proposed actions prompt the
section 12(b) export notifications, the requirement to submit export
notifications begins 30 days after publication of the proposal in the
Federal Register. See 40 CFR 707.65(b). Sunset dates (i.e., dates that
certain requirements terminate) for purpose of TSCA section 12(b) apply
only where the underlying requirement prompting the export
notifications are TSCA section 4 or 5(b) actions. As stated in the
preamble to the TSCA section 12(b) Export Notification Rule amendments
in the Federal Register of July 27, 1993 (58 FR 40238), these sunset
dates coincide with the expiration of the test data reimbursement
period as defined at 40 CFR 790.3. In the near future, EPA plans to
issue a Federal Register notice listing test data reimbursement period
expiration dates for certain TSCA section 4 substances.
As recognized by the commenter, EPA currently makes available an
informal list of substances subject to section 12(b) export
notification that is updated on or about a quarterly basis. Although
inadvertent omission from this section 12(b) list does not excuse non-
compliance with the statutory requirements of section 12(b), EPA
believes it does serve as a valuable compliance aid. In light of the
above, EPA believes that publication of the section 12(b) list in the
CFR is not warranted at the present time.
VI. Confidentiality
A person may assert a claim of confidentiality for any information,
submitted to EPA in connection with this rule. Any claim of
confidentiality must accompany the information so claimed when it is
submitted to EPA. Persons must mark information claimed as confidential
by circling, bracketing, or underlining it, and marking it with
``CONFIDENTIAL'' or some other appropriate designation. EPA will
disclose information subject to a claim of confidentiality only to the
extent permitted by section 14 of TSCA and 40 CFR part 2, Subpart B. If
a person does not assert a claim of confidentiality for information at
the time it is submitted to EPA, EPA may make the information public
without further notice to that person.
VII. Economic Impact
In a support document entitled Economic Analysis of the Amendment
to the TSCA Section 6 Rule for Hexavalent Chromium, dated April 1994,
EPA has evaluated potential changes in costs to the Cr+6 rule that
would be associated with these amendments. The total savings to
industry and EPA associated with this amendment are estimated to be
$5,400 to $16,300 per year. EPA's complete economic analysis is
available in the public record for this rule (OPPTS-61018).
VIII. Rulemaking Record
EPA has established a record for this rulemaking (docket number
OPPTS 61018A). The record includes basic information considered by EPA
in developing this rule. EPA has supplemented the record with all
written comments and additional information as it was received. In
addition to the proposed rule (58 FR 63148, November 30, 1993) and
comments received on the proposal, the record now includes the
following:
(1) ``Prohibitions of Hexavalent Chromium Chemicals in Comfort
Cooling Towers; Final Rule,'' 55 FR 222, January 3, 1990.
(2) Chrome Coalition. re: Petition - Chrome Coalition v. United
States Environmental Protection Agency, No. 90-1138, April 17, 1990.
(3) Chrome Coalition. re: Settlement Agreement No. 90-1138,
December 15, 1992.
(4) ``Asbestos Export Notification.'' 46 FR 37608, July 21, 1981.
(5) ``Export Notification Requirements; Proposed Change to
Reporting Requirements.'' 54 FR 29524, July 12, 1989.
(6) ``Chemical Imports and Exports; Notification of Export.'' 45 FR
82844, December 16, 1980.
(7)``Export Notification Requirement; Change to Reporting
Requirements; Final Rule.'' 58 FR 40238, July 27, 1993.
(8) U.S. EPA OPPTS, EETD. Economic Analysis of Proposed Amendments
to the TSCA Section 6 Rule for Hexavalent Chromium, May 1993.
(9) U.S. EPA OPPTS, EETD. Economic Analysis of the Amendment to the
TSCA Section 6 Rule for Hexavalent Chromium, April 1994.
(10) U.S. EPA, Burton, D.S. Letter to Collier, Shannon, Rill Scott,
February 7, 1994.
(11) U.S. EPA, Telephone communication with General Chemical
Corporation, March 17, 1994.
A public version of this record is available for public inspection
and copying at the TSCA Nonconfidential Information Center (NCIC), also
known as the TSCA Public Docket Office from 12 noon to 4 p.m., Monday
through Friday, excluding legal holidays. TSCA NCIC is located at EPA
headquarters, 401 M St., SW., Rm. NE-B607, Washington, DC 20460.
IX. Regulatory Assessment Requirements
A. Executive Order 12866
Under Executive Order 12866, (58 FR 51735, October 4, 1993), the
Agency must determine whether the regulatory action is ``significant''
and therefore subject to review by the Office of Management and Budget
(OMB) and the requirements of the Executive Order. Under section 3(f),
the order defines a ``significant regulatory action'' as an action that
is likely to result in a rule (1) having an annual effect on the
economy of $100 million or more, or adversely and materially affecting
a sector of the economy, productivity, competition, jobs, the
environment, public health or safety, or State, local or tribal
governments or communities (also referred to as ``economically
significant''); (2) creating serious inconsistency or otherwise
interfering with an action taken or planned by another agency; (3)
materially altering the budgetary impacts of entitlement, grants, user
fees, or loan programs or the rights and obligations of recipients
thereof; or (4) raising novel legal or policy issues arising out of
legal mandates, the President's priorities, or the principles set forth
in this Executive Order. Pursuant to the terms of this Executive Order,
it has been determined that this rule is not ``significant'' and is
therefore not subject to OMB review.
B. Regulatory Flexibility Act
Under the Regulatory Flexibility Act (5 U.S.C. 605(b)), EPA has
determined that this rule does not have a significant impact on a
substantial number of small businesses. This rule actually decreases
the reporting burden for small businesses that export Cr+6
chemicals that cannot be used for water treatment, which are currently
subject to the reporting requirements of TSCA section 12(b). This rule
would not add any economic burden to small businesses. Pursuant to
section 605(b) of the Regulatory Flexibility Act, 5 U.S.C. 605(b), EPA
certifies that this rule will not have a significant economic impact on
small businesses.
C. Paperwork Reduction Act
OMB has approved the information collection requirements contained
in the Cr+6 Rule at 40 CFR part 749, subpart D under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), and
has assigned OMB control number 2060-0193 to that collection activity.
In addition, OMB has also approved the information collection
requirements contained in the Export Notification Rule at 40 CFR part
707, subpart D under the provisions of the Paperwork Reduction Act, and
has assigned OMB control number 2070-0030 to that activity.
The changes in this rule are not expected to impact the information
collection requirements contained in the Cr+6 Rule at 40 CFR part
749, subpart D, and EPA does not expect to change the burden estimates
approved by OMB under OMB control number 2060-0193. However, since the
rule amends the applicability of the information collection
requirements contained in the Export Notification Rule at 40 CFR part
707, subpart D, EPA expects to change the burden estimates approved
under OMB control number 2070-0030, and upon the signature of this
final rule, will submit an information correction worksheet.
The rule will reduce the number of export notices required from the
public by approximately 237 submissions per year. Public reporting
burden for the collection of information under 40 CFR part 707,
``Chemical Imports and Exports,'' is estimated to average .5 to 1.5
hours per response, including time for reviewing instructions,
searching existing data sources, gathering and maintaining the data
needed, and completing and reviewing the collection of information.
Total public reporting burden is expected to decrease as a result of
this rule by approximately 119 to 356 hours per year.
List of Subjects in 40 CFR Part 749
Environmental protection, Chemicals, Chromium, Cooling systems,
Cooling towers, Export notification, Hazardous substances, Hexavalent
chromium-based water treatment chemicals, Imports, Labeling,
Recordkeeping and reporting requirements.
Dated: August 12, 1994.
Carol M. Browner,
Administrator.
Therefore, 40 CFR part 749 is amended as follows:
PART 749--[AMENDED]
1. The authority citation for part 749 continues to read as
follows:
Authority: 15 U.S.C. 2605 and 2607.
2. In Sec. 749.68, by revising the section heading, paragraphs (a),
(b), (c), (d)(10), (d)(11), and (g)(1) to read as follows:
Sec. 749.68 Hexavalent chromium-based water treatment chemicals in
cooling systems.
(a) Chemicals subject to this section. Hexavalent chromium-based
water treatment chemicals that contain hexavalent chromium, usually in
the form of sodium dichromate (CAS No. 10588-01-9), are subject to this
section. Other examples of hexavalent chromium compounds that can be
used to treat water are: Chromic acid (CAS No. 7738-94-5), chromium
trioxide (CAS No. 1333-83-0), dichromic acid (CAS No.13530-68-2),
potassium chromate (CAS No. 7789-00-6), potassium dichromate (CAS No.
7778-50-9), sodium chromate (CAS No. 7775-11-3), zinc chromate (CAS No.
13530-65-9), zinc chromate hydroxide (CAS No. 153936-94-6), zinc
dichromate (CAS No. 14018-95-2), and zinc potassium chromate (CAS No.
11103-86-9).
(b) Purpose. The purpose of this section is to impose certain
requirements on activities involving hexavalent chromium-based water
treatment chemicals to prevent unreasonable risks associated with human
exposure to air emissions of hexavalent chromium from comfort cooling
towers.
(c) Applicability. This section is applicable to use of hexavalent
chromium-based water treatment chemicals in comfort cooling towers and
to distribution in commerce of hexavalent chromium-based water
treatment chemicals for use in cooling systems.
(d) * * *
(10) Hexavalent chromium means the oxidation state of chromium with
an oxidation number of +6; a coordination number of 4 and tetrahedral
geometry.
(11) Hexavalent chromium-based water treatment chemicals means any
chemical containing hexavalent chromium which can be used to treat
water, either alone or in combination with other chemicals, where the
mixture can be used to treat water.
* * * * *
(g) Labeling. (1) Each person who distributes in commerce
hexavalent chromium-based water treatment chemicals for use in cooling
systems after February 20, 1990, shall affix a label or keep affixed an
existing label in accordance with this paragraph, to each container of
the chemicals. The label shall consist of the following language:
WARNING: This product contains hexavalent chromium. Inhalation
of hexavalent chromium air emissions increases the risk of lung
cancer. Federal Law prohibits use of this substance in comfort
cooling towers, which are towers that are open water recirculation
devices and that are dedicated exclusively to, and are an integral
part of, heating, ventilation, and air conditioning or refrigeration
systems.
* * * * *
[FR Doc. 94-20440 Filed 8-18-94; 8:45 am]
BILLING CODE 6560-50-F
