[Federal Register Volume 63, Number 167 (Friday, August 28, 1998)]
[Rules and Regulations]
[Pages 45950-45953]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-23171]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 710
[OPPTS-82051; FRL-6028-3]
1998 Reporting Notice and Technical Amendment; Partial Updating
of TSCA Inventory Data Base; Production and Site Reports
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; technical amendment.
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SUMMARY: This document announces the 1998 reporting period for the
Toxic Substances Control Act (TSCA) Inventory Update Rule (IUR) and
contains technical amendments to the rule to update the reporting
instructions. 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. The 1998 reporting period is from
August 25, 1998 to December 23, 1998.
DATES: This document is effective August 28, 1998. The 1998 reporting
period is from August 25, 1998 to December 23, 1998.
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.
[[Page 45951]]
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. 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 Manufacturers of chemical
substances subject to the
rule
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Chemical importers Importers of chemical
substances. Under the
regulations, importers
include such persons as
brokers, agents, importers
of record, consignees, and
owners.
------------------------------------------------------------------------
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 710.2. 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 various
support 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.'' You can also go
directly to the ``Federal Register'' listings at http://www.epa.gov/
homepage/fedrgstr/.
B. Fax-on-Demand
You may request to receive a faxed copy of the Form U, 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. What is the Agency's Authority for Taking the Action in this
Document?
Under the authority of section 8(a) of TSCA, 15 U.S.C. 2607(a), EPA
promulgated a reporting rule at 40 CFR part 710, subpart B, referred to
as the Inventory Update Rule or IUR (51 FR 21438, June 12, 1986). 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. After the initial reporting during 1986, recurring
reporting was required every 4 years. A second reporting cycle took
place in 1990 and a third in 1994. The fourth reporting period is from
August 25, 1998 to December 23, 1998. Persons subject to the IUR must
submit the required information during this period.
IV. How Do I Know What Information is Currently in the TSCA
Chemical Substance Inventory?
In support of the 1998 reporting, EPA is publishing an up-to-date
TSCA Chemical Substances Inventory in a variety of magnetic media
products (CD-ROM, diskette, and magnetic tape). These products contain
information for all nonconfidential chemical substances added to the
TSCA Inventory data base before January 1998. The types of information
contained in the products are similar to that found in the computer
tape form of the TSCA Inventory that EPA has been disseminating to the
public biannually through the National Technical Information Service
(NTIS). Specifically, each of the chemical substances included in the
products is identified by a Chemical Abstracts (CA) Index or Preferred
Name, the corresponding Chemical Abstracts Service (CAS) Registry
Number, molecular formula, and if applicable, the chemical definition
and appropriate EPA special flags as found in the printed Inventory.
The substances are sequenced in ascending order of the corresponding
CAS Registry Numbers. The products do not include chemical synonyms
that are copyrighted by the Chemical Abstracts Service. Furthermore,
generic names or EPA Accession Numbers for substances with confidential
chemical identities are not included.
The magnetic media products include over 62,000 records and require
12 megabytes of disk space for installation. The products are available
for sale from: National Technical Information Service (NTIS), U.S.
Department of Commerce, Springfield, VA 22161; telephone: (703) 605-
6000, toll free: 1-800-553-NTIS; Internet address: www.ntis.gov/fcpc.
The NTIS Order Number for the CD-ROM is SUB-5423INQ. The NTIS Order
Number for the diskettes is SUB-5435INQ. The NTIS Order Number for the
tapes is PB98-500556INQ.
V. How Do I Know If I Have to Report?
You have to report if you manufacture or import IUR reportable
chemical substances included on the TSCA Chemical Substance Inventory
in excess of 10,000 pounds at a single facility during your company's
last fiscal year ending August 25, 1998. For further and more specific
information, please review the IUR reporting regulations beginning at
40 CFR 710.2.
VI. How Do I Get a 1998 Reporting Package?
EPA will automatically mail out a reporting package to the company
headquarters of those companies that reported in 1994. This package
will include a document entitled ``Instructions for Reporting for the
Partial Updating of the TSCA Chemical Inventory Data Base,'' a diskette
with the new electronic Form U, and a copy of this Federal Register
document. Failure to receive a reporting package from EPA does not
obviate or otherwise affect the requirement to submit a timely report.
If you did not report in 1994, but need to report in 1998, you may
obtain the reporting package from the TSCA Hotline. Additional
reporting forms, electronic or printed, will also be available from the
TSCA Hotline, Fax-on-Demand, or the Internet.
VII. How Do I Submit My Report?
The regulation at 40 CFR 710.39 requires submitters to report using
EPA's Form U. For the 1998 reporting cycle, the Agency affords the
submitter the option of completing the electronic version of the form
or the printed paper version.
[[Page 45952]]
A. Electronic Reporting
As stated above, the electronic forms are included in the reporting
package that will be distributed to the 1994 IUR submitters. In
addition, electronic forms are available through the TSCA Hotline. EPA
is encouraging submitters to use the electronic Form U for 1998
reporting. The form on the Internet can be completed electronically and
printed off line for mailing to EPA. Please note that this form cannot
be saved to magnetic media.
Section 710.32(b) provides that magnetic media submitted in
response to the IUR must meet EPA specifications, as described in the
``Instructions for Reporting for the Partial Updating of the TSCA
Chemical Inventory Data Base'' available from the TSCA Hotline.
Pursuant to the requests of the regulated community, EPA has created a
formatted disk to facilitate IUR reporting. This disk has been tested
by a number of persons, including representatives from industry. EPA
believes use of this preformatted disk by IUR reporters will
substantively ease reporting burden. Directions for use of the
preformatted disk are provided in the ``Instructions for Reporting for
the Partial Updating of the TSCA Chemical Inventory Data Base''
available from the TSCA Hotline at the address listed above or via Fax-
on-Demand at (202) 401-0527, Item 5119 or via the Internet at http://
www.epa.gov/opptintr/iur98.
B. Paper Reporting
Printed copies of the Form U are available upon request from the
TSCA Hotline, and will not be distributed as a part of the reporting
package. The printed form can be requested from the TSCA Hotline at the
address listed above, or via Fax-on-Demand at (202) 401-0527, Item 5119
or via the Internet at http://www.epa.gov/opptintr/iur98.
VIII. Where Do I Send My 1998 Report?
Please mail your completed form or magnetic media to the Document
Control Officer, Mail Code 7407, ATTN: Inventory Update Rule, Office of
Pollution Prevention and Toxics, U.S. Environmental Protection Agency,
401 M St., SW., Washington, DC 20460. At this time, the Agency is not
able to accept these reports electronically, except through the
submission of a disk. All submissions should be mailed to this address.
IX. What Happens If I Fail to Report During the 1998 Reporting
Period?
If you fail to report as required, the Agency can take enforcement
action against you. The Act at section 16 provides that any person who
violates a provision of TSCA shall be liable to the United States for a
civil penalty not to exceed $25,000 for each such violation.
X. Does this Action Involve Any New Information Collection
Activities, Such as Reporting, Recordkeeping, or Notification?
No. The information collection requirements contained in 40 CFR
part 710, subpart B, have already been approved by the Office of
Management and Budget (OMB) pursuant to the Paperwork Reduction Act
(PRA), 44 U.S.C. 3501 et seq., under OMB control number 2070-0070 (EPA
ICR No. 1011). The annual public burden for this collection of
information is estimated at 11.5 hours per response. Under the PRA,
``burden'' means the total time, effort or financial resources expended
by persons to generate, maintain, retain, or disclose information to or
for a Federal agency. For this collection, it includes the time needed
to review instructions, search existing data sources, gather and
maintain the data needed, and completing and reviewing the collection
of information. An agency may not conduct or sponsor and a person is
not required to respond to, a collection of information unless it
displays a currently valid OMB number. The OMB control number for this
information collection appears above. In addition, the OMB control
numbers for EPA's regulations, after initial display in the final rule,
are listed in 40 CFR part 9 and appear on any form that is required to
be used.
Send any comments on the accuracy of the provided burden estimates,
and any suggested methods for minimizing respondent burden, including
through the use of automated collection techniques to the Director,
Regulatory Information Division, Office of Policy, U.S. Environmental
Protection Agency, Mail Code 2137, 401 M St., SW., Washington, DC
20460. Include the OMB control number in any correspondence, but do not
submit the requested information to this address. The requested
information should be submitted in accordance with the instructions
accompanying the form, or as specified in the corresponding regulation.
XI. Do Executive Orders 12875 and 13084 Require EPA to Consult With
States and Indian Tribal Governements Prior to Taking the Action in
This Notice?
A. Executive Order 12875
Under Executive Order 12875, entitled ``Enhancing Intergovernmental
Partnerships'' (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. This 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.
B. 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 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 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 action does not involve
or impose any
[[Page 45953]]
requirements that affect Indian tribes. Accordingly, the requirements
of section 3(b) of Executive Order 13084 do not apply to this rule.
XII. Do Any Other Regulatory Assessment Related Requirements Apply
to This Action?
No. This action is classified as a final rule because it makes a
technical amendment to the Code of Federal Regulations (CFR). The
amendment to the CFR is necessary in order to update the reporting
instructions for the 1998 reporting period. This action does not impose
any new requirements or amend the existing requirements in any way. As
a result, 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),
Executive Order 12898, entitled ``Federal Actions to Address
Environmental Justice in Minority Populations and Low-Income
Populations'' (59 FR 7629, February 16, 1994), Executive Order 13045,
entitled ``Protection of Children from Environmental Health Risks and
Safety Risks'' (62 FR 19885, April 23, 1997), or Executive Order 13084,
entitled ``Consultation and Coordination With Indian Tribal
Governments'' (63 FR 27655, May 19, 1998). 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 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 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.).
XIII. Does EPA Have to Submit This Action to Congress and the
Comptroller General of the United States?
Yes, because technical corrections to the CFR are classified as
``final rules.'' The Congressional Review Act (5 U.S.C. 801 et seq.),
generally provides that before a final 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. Although
classified as a ``final rule,'' this is a technical amendment to the
CFR and 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: August 20, 1998.
Lynn R. Goldman,
Assistant Administrator for Prevention, Pesticides and Toxic
Substances.
Therefore 40 CFR part 710 is amended as follows:
PART 710--[AMENDED]
1. The citation for part 710 continues to read as follows:
Authority: 15 U.S.C. 2607(a).
2. Section 710.39 is revised to read as follows:
Sec. 710.39 How do I submit the required information for the 1998
reporting cycle?
(a) Use the proper EPA form. You must use the EPA form identified
as ``Form U'' to submit written information in response to the
requirements of this subpart. Copies of the Form U are available from
EPA at the address set forth in paragraph (c) of this section, from the
EPA Internet Home Page at http://www.epa.gov/opptintr/iur98, or via
Fax-on-Demand by using a faxphone to call (202) 401-0527 and selecting
item 5119.
(b) Follow the reporting instructions. You should follow the
detailed instructions for completing the reporting form and preparing a
magnetic media report, which are given in the EPA publication entitled
``Instructions for Reporting for Partial Updating of the TSCA Chemical
Inventory Data Base,'' via the Internet or the TSCA Hotline.
(c) Obtain the reporting package and copies of the form. EPA is
mailing the reporting package to those companies that reported in 1994.
Failure to receive a reporting package does not obviate or otherwise
affect the requirement to submit a timely report. If you did not
receive a reporting package, but are required to report, you may obtain
a copy of the reporting package and the reporting form from EPA by
submitting a request for this information as follows:
(1) By phone. Call the EPA TSCA Hotline at (202) 554-1404, or TDD
202-554-0551.
(2) By e-mail. Send an e-mail request for this information to the
EPA TSCA Hotline at TSCA-Hotline@epamail.epa.gov.
(3) By mail. Send a written request for this information to the
following address: TSCA Hotline, Mail Code 7408, ATTN: Inventory Update
Rule, Office of Pollution Prevention and Toxics, U.S. Environmental
Protection Agency, 401 M St., SW., Washington, DC 20460.
(d) Submit the completed reports. You must submit your completed
reporting form(s) and/or magnetic media to EPA at the following
address: Document Control Officer, Mail Code 7407, ATTN: Inventory
Update Rule, Office of Pollution Prevention and Toxics, U.S.
Environmental Protection Agency, 401 M St., SW., Washington, DC 20460.
[FR Doc. 98-23171 Filed 8-25-98; 2:39 pm]
BILLING CODE 6560-50-F
