[Federal Register Volume 65, Number 7 (Tuesday, January 11, 2000)]
[Rules and Regulations]
[Pages 1548-1554]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-491]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 712 and 716
[
OPPTS-82050; FRL-5777-2]
RIN-2070-AB08 and 2070-AB11
Preliminary Assessment Information and Health and Safety Data
Reporting; Addition and Removal of Certain Chemicals and Removal of
Stay
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: This final rule addresses the recommendations of the 39th TSCA
Interagency Testing Committee (ITC) Report by adding 19 of 23
recommended nonylphenol ethoxylates to the Toxic Substances Control Act
(TSCA) section 8(a) Preliminary Assessment Information Reporting (PAIR)
rule. The TSCA ITC in its 39th Report to EPA revised the TSCA section
4(e) Priority Testing List by recommending testing for 23 nonylphenol
ethoxylates, 19 of which are associated with unique Chemical Abstract
Service (CAS) Registry numbers. The ITC recommendations are given
priority consideration by EPA in promulgating TSCA section 4 test
rules. This PAIR rule will require manufacturers (including importers)
of the 19 CAS-numbered substances identified in this document to report
certain production, use, and exposure-related information to EPA. This
action also removes a stay for TSCA section 8(a) PAIR and section 8(d)
Health and Safety Data Reporting rules issued previously for 18
nonylphenol ethoxylates recommended by the TSCA ITC in its 38th Report
to EPA and removes those 18 chemicals from these reporting rules.
DATES: This rule is effective on February 10, 2000.
FOR FURTHER INFORMATION CONTACT: For general information contact:
Joseph S. Carra, Deputy Director, Office of Pollution Prevention and
Toxics (7401), Environmental Protection Agency, 401 M St., SW.,
Washington, DC 20460; telephone numbers: (202) 554-1404 and TDD: (202)
554-0551; e-mail address: TSCA-Hotline@epa.gov.
For technical information contact: David R. Williams, Chemical
Control Division (7405), Office of Pollution Prevention and Toxics,
Environmental Protection Agency, 401 M St., SW., Washington, DC 20460;
telephone numbers: (202) 260-8130; e-mail address: ccd.citb@epa.gov.
SUPPLEMENTARY INFORMATION:
[[Page 1549]]
I. General Information:
A. Does This Action Apply to Me?
You may be affected by this action if you manufacture (defined by
statute to include import) any of the chemical substances that are
listed in section 712.30(e) of the regulatory text portion of this
document. Entities potentially affected by this action may include, but
are not limited to:
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Examples of Potentially
Type of Entity SIC NAICS Affected Entities
----------------------------------------------------------------------------------------------------------------
Chemical manufacturers (including 28, 2911 325, 32411 Persons who manufacture
importers) (defined by statute to
include import) one or
more of the subject
chemical substances.
----------------------------------------------------------------------------------------------------------------
This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. The Standard Industrial Classification (SIC) codes and the
North American Industrial Classification System (NAICS) codes have been
provided to assist you and others in determining whether or not this
action might apply to certain entities. 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.
B. How Can I Get Additional Information or Copies of This Document or
Other Documents?
1. Electronically. You may obtain electronic copies of this
document and other documents from the EPA Internet EPA Home Page at
http://www.epa.gov/. On the Home Page select ``Law 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/fedrgstr/.
2. In person. The official record for this proposed rule, which
includes the public version, has been established under docket control
number OPPTS-82050. The official record consists of the documents
referenced in this preamble, as well as any public comments, and other
information related to this rulemaking, including information claimed
as Confidential Business Information (CBI). This official record
includes the documents that are physically located in the docket, as
well as all documents that are referenced in those documents. The
public version of the official record does not include any information
claimed as CBI. The public version of the official record, which
includes printed, paper versions of any electronic comments that may be
submitted as described in Units I.C. and D. of this preamble, is
available for inspection in the TSCA Nonconfidential Information
Center, Rm. NE-B607, 401 M St., SW., Washington, DC. The Center is open
from noon to 4 p.m., Monday through Friday, excluding legal holidays.
The telephone number of the Center is (202) 260-7099.
C. How and to Whom Do I Submit Comments?
You may submit comments through the mail, in person, or
electronically. To ensure proper receipt by EPA, your comments must
identify docket control number OPPTS-82050 in the subject line on the
first page of your response.
1. By mail. Submit comments to: Document Control Office (7407),
Office of Pollution Prevention and Toxics, Environmental Protection
Agency, 401 M St., SW., East Tower, Rm. G-099, Washington, DC 20460.
2. In person or by courier. Deliver comments to: Document Control
Office, Office of Pollution Prevention and Toxics, Environmental
Protection Agency, 401 M St., SW., East Tower, Rm. G-099, Washington,
DC. The telephone number for the OPPT Document Control Office is (202)
260-7093.
3. Electronically. Submit your comments electronically by e-mail
to: oppt.ncic@epa.gov, or you may mail or deliver your computer disk to
the addresses identified in Units I.C.1. or 2. of this preamble. Do not
submit any information electronically that you consider to be CBI.
Submit comments as an ASCII file, avoiding the use of special
characters and any form of encryption. Comments will also be accepted
on standard disks in WordPerfect 6.1/8.0 or ASCII file format. All
copies of electronic comments must be identified by docket control
number OPPTS-82050. Electronic comments may be filed online at many
Federal Depository Libraries.
D. How Should I Handle CBI Information That I Want To Submit To The
Agency?
Do not submit any information electronically that you consider to
be CBI. You may claim information that you submit in response to this
document as CBI by marking any part or all of that information as CBI.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2. In addition to one complete
version of the comments that include any information claimed as CBI, a
copy of the comments that does not contain the information claimed as
CBI must be submitted for inclusion in the public version of the
official record. Information not marked confidential will be included
in the public version of the official record by EPA without prior
notice. If you have any questions about CBI or the procedures for
claiming CBI, consult the technical person identified in ``FOR FURTHER
INFORMATION CONTACT''at the beginning of this preamble.
II. What is the Purpose of Today's Action?
In today's action, EPA is issuing a final TSCA section 8(a)
``Preliminary Assessment Information Reporting'' (PAIR) rule for 19 of
23 nonylphenol ethoxylates recommended for testing in the 39th TSCA ITC
Report to the EPA Administrator (62 FR 8578, February 25, 1997) (FRL-
5580-9). Specifically at the request of the ITC in a letter to EPA
dated September 15, 1997, EPA is not issuing a final TSCA section 8(d)
``Unpublished Health and Safety Data'' reporting rule at this time for
the 23 nonylphenol ethoxylates recommended for testing in the 39th ITC
Report so as to give the ITC an opportunity to implement the voluntary
information submission policy that was proposed in the ITC's 40th
Report (62 FR 30580, June 4, 1997) (FRL-5718-3). Also in today's
action, EPA is removing the ``stay'' (61 FR 65186, December 11, 1996)
(FRL-5577-6) that was issued for the TSCA section 8(a) and TSCA section
8(d) rules (61 FR 55871, October 29, 1996) (FRL-5397-9) promulgated by
the Agency for the 18 nonylphenol ethoxylates recommended for testing
in
[[Page 1550]]
the ITC's 38th Report (61 FR 39832, July 30, 1996) (FRL-5379-2).
Further, EPA is revoking those TSCA section 8(a) and TSCA section 8(d)
rules issued on October 29, 1996.
III. What is the Basis for Today's Action?
On May 31, 1996, EPA received the 38th Report of the TSCA Section
4 ITC. In the 38th Report, the ITC recommended 18 nonylphenol
ethoxylates for testing under section 4 of TSCA (61 FR 39832, July 30,
1996). In response to the ITC's 38th Report, EPA promulgated final TSCA
section 8(a) ``Preliminary Assessment Information Reporting'' (PAIR)
and TSCA section 8(d) ``Unpublished Health and Safety Data'' reporting
rules (61 FR 55871, October 29, 1996) (FRL-5397-9) for the 18
nonylphenol ethoxylates listed in the ITC's 38th Report.
Shortly after the effective date for these TSCA rules, EPA became
aware of the fact that the ITC's use of some alternate CAS numbers and
several unclear chemical names in the 38th Report had resulted in
confusion among U.S. producers, importers, and processors about the
exact identities of the chemical substances for which TSCA section 8(a)
and 8(d) reporting was being required. In order to eliminate further
confusion within the regulated community about the actual identities of
the subject chemicals, EPA formally ``stayed'' the TSCA section 8(a)
and 8(d) rules for the 18 nonylphenol ethoxylates recommended in the
ITC's 38th Report. EPA issued this stay on December 11, 1996 (61 FR
65186) and also requested the ITC to clarify the identities of the
nonylphenol ethoxylates recommended in its 38th Report.
In an attempt to eliminate the ambiguities resulting from the ITC's
use of alternate CAS numbers and unclear chemical names for the 18
nonylphenol ethoxylates recommended in its 38th Report, the ITC, in its
39th Report to the EPA Administrator, recommended for testing a revised
list comprised of 23 nonylphenol ethoxylates (62 FR 8578, February 25,
1997). According to the 39th Report, the ITC had re-examined its use of
alternate CAS numbers for several of the 18 nonylphenol ethoxylates
recommended in the 38th Report and determined that 5 of those CAS
numbers were not associated with any of the 18 chemical substances.
For the 23 nonylphenol ethoxylates recommended in the 39th Report,
the ITC provided where possible more accurate CAS numbers and more up-
to-date chemical names (using 9th Collective Index chemical
nomenclature where possible). In a letter addressed to the EPA
Administrator dated September 15, 1997, the ITC formally requested that
EPA:
1. Revoke the TSCA section 8(a) PAIR and TSCA section 8(d) rules
issued by EPA on October 29, 1996 (61 FR 55871) for the 18 nonylphenol
ethoxylates that were recommended in the ITC's 38th Report and
``stayed'' by EPA on December 11, 1996 (61 FR 65186).
2. Issue a final TSCA section 8(a) PAIR rule for the 19 nonylphenol
ethoxylates with CAS numbers of the 23 total nonylphenol ethoxylates
recommended in the ITC's 39th Report.
3. Not issue a TSCA section 8(d) rule for the 23 recommended
nonylphenol ethoxylates in order to allow the ITC the opportunity to
implement its voluntary information submission policy proposed in the
ITC's 40th Report (62 FR 30580, June 4, 1997).
EPA reserves the right to issue a TSCA section 8(d) rule for some
or all of these 23 nonylphenol ethoxylates if:
1. EPA believes that such a rulemaking is necessary to gather data
to determine if testing is needed for, or otherwise support the
assessment of, the subject chemical(s); or
2. The ITC notifies EPA in writing that the ITC did not receive
adequate information via its voluntary information submission activity.
(The ITC's voluntary submission policy can be found on the ITC's
Internet Homepage under Voluntary Information Submission Innovative
Online Network or ``VISION'' (http://www.epa.gov/opptintr/itc/vision).
Hard copies of the ITC's voluntary information submission policy are
available from the TSCA Environmental Assistance Division at the
address listed under ``FOR FURTHER INFORMATION CONTACT.'')
IV. What is the Preliminary Assessment Information Reporting (PAIR)
Rule?
EPA promulgated the PAIR rule in 40 CFR part 712 under section 8(a)
of TSCA (15 U.S.C. 2607(a)). This model section 8(a) rule establishes
standard reporting requirements for manufacturers (including importers)
of the chemicals listed in the rule at 40 CFR 712.30. These entities
are required to submit a one-time report on general production/
importation volume, end use, and exposure-related information using the
Preliminary Assessment Information Manufacturer's Report (EPA Form No.
7710-35). EPA uses this model section 8(a) rule to quickly gather
current information on chemicals.
This model rule provides for the automatic addition of ITC Priority
Testing List chemicals. Whenever EPA announces the receipt of an ITC
report, EPA may, at the same time and without providing notice and
opportunity for public comment, amend the model information-gathering
rule by adding the recommended (or designated) chemicals. The amendment
adding these chemicals to the PAIR rule is effective February 10, 2000.
V. Chemicals To Be Deleted
The following 18 nonylphenol ethoxylates that were recommended in
the ITC's 38th Report are being deleted as a result of today's
revocation of the TSCA section 8(a) PAIR and TSCA section 8(d) rules
that were issued by EPA on October 29, 1996 (61 FR 55871) and stayed by
the Agency on December 11, 1996 (61 FR 65186).
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Chemical Name CAS Number
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Nonylphenol ethoxylates
alpha-(p-Nonylphenol)-omega- NA
hydroxypoly(oxyethylene).
Decaethylene glycol, isononylphenyl ether. 65455-72-3
Ethanol, 2-[2-(p-nonylphenoxy)ethoxy]-.... 20427-84-3
Ethanol, 2-[2-[2-[2-(p- 7311-27-5
nonylphenoxy)ethoxy]ethoxy]ethoxy]-.
Nonoxynol-2............................... NA
Nonoxynol-3............................... NA
Nonoxynol-7............................... NA
Nonylphenol hepta(oxyethylene)ethanol..... 27177-05-5
Nonylphenol octa(oxyethylene)ethanol...... 26571-11-9
Nonylphenol polyethylene glycol ether..... 9016-45-9, 20636-48-0, 26027-
38-3, 26064-02-8, 27177-01-
1, 37205-87-1, 127087-87-0
[[Page 1551]]
Nonylphenol polyethylene glycol ether..... 27177-08-8
Nonylphenolnona(oxyethylene) ethanol...... 27986-36-3
Nonylphenoxy ethanol...................... 27176-93-8
Nonylphenoxydiglycol...................... 68412-54-4
Nonylphenoxypolyoxyethanol................ 152143-22-1, 26027-38-3
p-Nonylphenol polyethylene glycol ether... 27986-36-3, 37205-87-1,
98113-10-1
Poly(oxy-1,2-ethanediyl), alpha- 37205-87-1
(isononylphenyl)-omega-hydroxy-.
Poly(oxy-1,2-ethanediyl), alpha-(2- 51938-25-1
nonylphenyl)-omega-hydroxy-.
------------------------------------------------------------------------
VI. Chemicals To Be Added
In its 39th Report to EPA, the ITC recommended a group of 23
nonylphenol ethoxylates. These chemicals can be automatically added to
the PAIR and TSCA section 8(d) Health and Safety Data Reporting rules
unless requested otherwise by the ITC to implement its voluntary
information submission policy. In a letter dated September 15, 1997,
the ITC requested that a TSCA section 8(d) Health and Safety Data
Reporting rule not be promulgated for these 23 nonylphenol ethoxylates.
Therefore, these substances will not be added to Sec. 716.120.
The regulatory text (Sec. 712.30(e)) of this document lists the 19
nonylphenol ethoxylates that are being added to the PAIR rule as a
result of today's action. The other 4 nonylphenol ethoxylates
recommended in the ITC's 39th report are not being added to the PAIR
rule because they are not associated with unique CAS numbers.
VII. Reporting Requirements
A. Who Must Report Under this PAIR Rule?
All persons who manufactured (defined by statute to include import)
the 19 nonylphenol ethoxylates identified in the regulatory text
(Sec. 712.30(e)) of this rule during their latest complete corporate
fiscal year must submit a Preliminary Assessment Information
Manufacturer's Report (EPA Form No. 7710-35) for each site at which
they manufactured or imported a named substance. A separate form must
be completed for each substance and submitted to the Agency as
specified in 40 CFR 712.28 no later than April 10, 2000. Persons who
have previously and voluntarily submitted a Manufacturer's Report to
the ITC or EPA may be able to submit a copy of the original Report to
EPA or to notify EPA by letter of their desire to have this voluntary
submission accepted in lieu of a current data submission. See
Sec. 712.30(a)(3).
Details of the PAIR reporting requirements, including the basis for
exemptions, are provided in 40 CFR part 712. Copies of the form are
available from the TSCA Environmental Assistance Division at the
address listed under ``FOR FURTHER INFORMATION CONTACT.'' Copies of the
PAIR form are also available electronically from the Chemical Testing
and Information Gathering Home Page on the Internet at http://
www.epa.gov/opptintr/chemtest/.
B. Removal of Chemical Substances from the PAIR Rule
Any person who believes that section 8(a) reporting required by
this rule is not warranted, should promptly submit to EPA on or before
January 25, 2000, detailed reasons for that belief. EPA, in its
discretion, may remove the substance from this rule (40 CFR 712.30(c)).
When withdrawing a chemical from the rule, EPA will publish a rule
amendment in the Federal Register.
VIII. Public Record
The following documents constitute the public record for this rule
(docket control number OPPTS-82050). All of these documents are
available to the public in the TSCA Nonconfidential Information Center
(NCIC), from noon to 4 p.m., Monday through Friday, excluding legal
holidays. The TSCA NCIC is located at EPA Headquarters, Rm. NE-B607,
401 M St., SW., Washington, DC.
1. This final rule.
2. The Economic Analysis for this rule, December 15, 1999.
3. The 39th Report of the ITC, (62 FR 8578, February 25, 1997).
4. The 38th Report of the ITC, (61 FR 39832, July 30, 1996).
5. Stay of the TSCA section 8(a) and 8(d) rules issued in response
to the 38th Report of the ITC, (61 FR 65186).
6. Letter from the ITC to EPA, September 15, 1997.
IX. Why is this Action Being Issued as a Final Rule?
EPA is publishing this action as a final rule without prior notice
and an opportunity to comment because the Agency believes that
providing notice and an opportunity to comment is unnecessary. This
final rule makes modifications needed to clarify the identities of
certain chemicals subject to the TSCA section 8(a) PAIR regulations and
removes certain chemicals from the TSCA section 8(d) regulations. EPA
therefore finds that there is ``good cause'' under section 553(b)(3)(B)
of the Administrative Procedure Act (APA) (5 U.S.C. 553 (b)(3)(B)) to
make these amendments without prior notice and comment.
X. Economic Analysis
The economic analysis for the addition of the 19 CAS-numbered
nonylphenol ethoxylates to the TSCA section 8(a) PAIR rule is entitled
Economic Analysis for the Addition of 19 CAS-Numbered Chemicals
Recommended for Testing in the 39th Report of the TSCA Interagency
Testing Committee to EPA's Preliminary Assessment Information Reporting
(PAIR) Rule December 15, 1999 (Economic Analysis).
EPA's 1998 Chemical Update System (CUS) was searched to identify
manufacturers (including importers) of the 19 CAS-numbered nonylphenol
ethoxylates recommended in the ITC's 39th report. Only 1 of the 19
chemicals was located in CUS indicating, for example, that the other
chemicals are not being produced or imported in quantities large enough
to be reported to EPA for 1998 under the TSCA Inventory Update Rule
(IUR) (40 CFR part 710) or are not subject to reporting under the IUR.
The Economic Analysis estimates governmental and industry burden and
costs associated with this final rule based upon the data regarding the
one chemical substance found in CUS. Five firms were identified as
manufacturers of the chemical, at five sites. The costs and burden
associated with this rule are estimated in the Economic Analysis to be
the following:
Reporting Costs (dollars)
5 sites/reports estimated at $2,057.28 per report = $10,286.38
Total Cost = $10,286.38
Mean cost per site/firm = $10,286.38/5 = $2,057.28
Reporting Burden (hours)
[[Page 1552]]
Rule familiarization: 7 hours/site x 5 sites = 35
Reporting: 21.88 hours/report x 5 reports = 109.4
Total burden hours = 144.4
Average burden per site/firm = 144.4/5 = 28.88
EPA Costs (dollars)
The annual costs to the Federal Government will be approximately 0.013
FTEs (or 26.25 hours annually). At an estimated $75,306 per FTE, the
total 0.013 FTEs, plus $1,020 for data processing, will cost EPA
$1,999.
XI. Regulatory Assessment Requirements
A. Executive Order 12866
The Office of Management and Budget (OMB) has exempted actions
under TSCA section 8(a) related to the PAIR rule from the requirements
of Executive Order 12866, entitled Regulatory Planning and Review (58
FR 51735, October 4, 1993).
B. Executive Order 12898
This action does not involve special considerations of
environmental justice-related issues pursuant to Executive Order 12898,
entitled Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations (59 FR 7629, February 16, 1994).
C. Executive Order 13045
Executive Order 13045, entitled Protection of Children from
Environmental Health Risks and Safety Risks (62 FR 19885, April 23,
1997), does not apply to this final rule, because it is not
``economically significant'' as defined under Executive Order 12866,
and does not concern an environmental health or safety risk that may
have a disproportionate effect on children. This rule requires the
reporting of production, importation, use, and exposure-related
information to EPA by manufacturers (including importers) of certain
chemicals recommended in the 39th Report of the TSCA Interagency
Testing Committee.
D. Regulatory Flexibility Act
Pursuant to section 605(b) of the Regulatory Flexibility Act (RFA),
5 U.S.C. 601 et seq., the Agency hereby certifies that this rule will
not have a significant impact on a substantial number of small
entities. The factual basis for the Agency's determination is presented
in the small entity analysis prepared as a part of the Economic
Analysis for this rule, and is briefly summarized here. Three of the
five firms identified as manufacturers of chemicals affected by this
rule met the Small Business Administration definition of a small
business, (i.e., having less than 1,000 employees when combined with
any corporate parents). Based on the Agency's analysis, the maximum
potential impact of this action on an individual firm is estimated to
be less than $2,260, regardless of the firm's size. To determine the
potential significance of the estimated impact of this action on the
small firms, the Agency compared the estimated maximum potential cost
with the estimated annual sales revenue for these firms. Based on
currently available financial information for these firms, EPA has
determined that this action will not result in a significant impact on
any of these firms. Information relating to this EPA determination is
included in the docket for this rulemaking (OPPTS-82050). Any comments
regarding the economic impacts that this action imposes on small
entities should be submitted to the Agency at the address listed under
``FOR FURTHER INFORMATION CONTACT.''
E. Paperwork Reduction Act
Pursuant to the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et
seq.), an Agency may not conduct or sponsor, and a person is not
required to respond to, a collection of information that is subject to
approval under the PRA unless it displays a currently valid OMB control
number. The OMB control numbers for EPA's regulations, after appearing
in the preamble of the final rule, are listed in 40 CFR part 9, and
included on the related collection instrument. The information
collection activities related to this action have already been approved
by OMB, under OMB control number 2070-0054 (EPA ICR No. 586) for PAIR
reporting. This action does not impose any burdens requiring additional
OMB approval. The public reporting burden for this collection of
information is estimated to be 144.4 hours. Of that total, an estimated
35 hours are spent in an initial review of the rule, and the remaining
109.4 hours are associated with actual reporting activities. Because
this rule does not contain any new information collection activities,
additional review and approval of these activities by OMB under the PRA
is not necessary (1999 Economic Analysis).
F. Unfunded Mandates Reform Act and Executive Orders 13084 and 13132
Pursuant to Title II of the Unfunded Mandates Reform Act of 1995
(UMRA), Public Law 104-4, EPA has determined that this rule does not
contain a Federal mandate that may result in expenditures of $100
million or more for State, local, and tribal governments, in the
aggregate, or the private sector in any 1 year. In addition, EPA has
determined that this rule will not significantly or uniquely affect
small governments. Accordingly, the rule is not subject to the
requirements of UMRA sections 202, 203, 204, or 205.
Based on EPA's experience with past section 8(a) rulemakings,
State, local, and tribal governments have not been impacted by these
rulemakings, and EPA does not have any reasons to believe that any
State, local, or tribal government will be impacted by this rulemaking.
As a result, this action is not subject to the requirement for prior
consultation with Indian tribal governments as specified in Executive
Order 13084, entitled Consultation and Coordination with Indian Tribal
Governments (63 FR 27655, May 19, 1998). Nor will this action have a
substantial direct effect on States, on the relationship between the
national government and the States, or on the distribution of power and
responsibilities among the various levels of government, as specified
in Executive Order 13132, entitled Federalism (64 FR 43255, August 10,
1999).
G. National Technology Transfer and Advancement Act
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), Public Law 104-113, section 12(d) (15 U.S.C. 272
note). Section 12(d) of NTTAA directs EPA to use voluntary consensus
standards in its regulatory activities unless to do so would be
inconsistent with applicable law or otherwise impractical. Voluntary
consensus standards are technical standards (e.g., materials
specifications, test methods, sampling procedures, and business
practices) that are developed or adopted by voluntary consensus
standards bodies. The NTTAA directs EPA to provide Congress, through
OMB, explanations when the Agency decides not to use available and
applicable voluntary consensus standards. EPA invites public comment on
the Agency's determination that this regulatory action does not require
the consideration of voluntary consensus standards.
H. Congressional Review Act
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
[[Page 1553]]
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. Section 808 allows the issuing agency to make a good cause
finding that notice and public procedure is impracticable, unnecessary
or contrary to the public interest. This determination must be
supported by a brief statement. 5 U.S.C. 808(2). EPA has made such a
good cause finding for this final rule, and established an effective
date of February 10, 2000. Pursuant to 5 U.S.C. 808(2), this
determination is supported by the brief statement in Unit IX. of this
preamble. EPA will submit a report containing this final 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 is not a
``major rule'' as defined by 5 U.S.C. 804(2).
I. Executive Order 12988
In issuing this rule, EPA has taken the necessary steps to
eliminate drafting errors and ambiguity, minimize potential litigation,
and provide a clear legal standard for affected conduct, as required by
section 3 of Executive Order 12988, entitled Civil Justice Reform (61
FR 4729, February 7, 1996).
J. Executive Order 12630
EPA has complied with Executive Order 12630, entitled Governmental
Actions and Interference with Constitutionally Protected Property
Rights (53 FR 8859, March 15, 1988), by examining the takings
implications of this rule in accordance with the Attorney General's
Supplemental Guidelines for the Evaluation of Risk and Avoidance of
Unanticipated Takings issued under the Executive Order.
List of Subjects in 40 CFR Parts 712 and 716
Environmental protection, Chemicals, Hazardous substances, Health
and safety, Reporting and recordkeeping requirements.
Dated: December 21, 1999.
Joseph S. Carra,
Acting Director, Office of Pollution Prevention and Toxics.
Therefore, 40 CFR chapter I is amended as follows:
PART 712--[AMENDED]
1. In part 712:
a. The authority citation for part 712 continues to read as
follows:
Authority: 15 U.S.C. 2607(a).
b. In Sec. 712.30, the table in paragraph (e) is amended by
removing the stay and revising the entire category for ``Nonylphenol
ethoxylates'' to read as follows:
Sec. 712.30 Chemical lists and reporting periods.
* * * * *
(e) * * *
----------------------------------------------------------------------------------------------------------------
CAS No. Substance Effective date Reporting date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Nonylphenol ethoxylates
7311-27-5............................... Ethanol, 2-[2-[2-[2-(p- 2/10/00 4/10/00
nonylphenoxy)ethoxy]ethoxy]et
hoxy]-.
9016-45-9............................... Poly(oxy-1,2-ethanediyl), 2/10/00 4/10/00
alpha-(nonylphenyl)-omega-
hydroxy-.
20427-84-3.............................. Ethanol, 2-[2-(p- 2/10/00 4/10/00
nonylphenoxy)ethoxy]-.
20636-48-0.............................. 3,6,9,12-Tetraoxatetradecan-1- 2/10/00 4/10/00
ol, 14-(4-nonylphenoxy)-.
26027-38-3.............................. Poly(oxy-1,2-ethanediyl), 2/10/00 4/10/00
alpha-(4-nonylphenyl)-omega-
hydroxy-.
26264-02-8.............................. 3,6,9,12-Tetraoxatetradecan-1- 2/10/00 4/10/00
ol, 14-(nonylphenoxy)-.
26571-11-9.............................. 3,6,9,12,15,18,21,24- 2/10/00 4/10/00
Octaoxahexacosan-1-ol, 26-
(nonylphenoxy)-.
27176-93-8.............................. Ethanol, 2-[2- 2/10/00 4/10/00
(nonylphenoxy)ethoxy]-.
27177-01-1.............................. 3,6,9,12,15-Pentaoxaheptadecan- 2/10/00 4/10/00
1-ol, 17-(nonylphenoxy)-.
27177-05-5.............................. 3,6,9,12,15,18,21- 2/10/00 4/10/00
Heptaoxatricosan-1-ol, 23-
(nonylphenoxy)-.
27177-08-8.............................. 3,6,9,12,15,18,21,24,27- 2/10/00 4/10/00
Nonaoxanonacosan-1-ol, 29-
(nonylphenoxy)-.
27986-36-3.............................. Ethanol, 2-(nonylphenoxy)-.... 2/10/00 4/10/00
37205-87-1.............................. Poly(oxy-1,2-ethanediyl), 2/10/00 4/10/00
alpha-(isononylphenyl)-omega-
hydroxy-.
51938-25-1.............................. Poly(oxy-1,2-ethanediyl), 2/10/00 4/10/00
alpha-(2-nonylphenyl)-omega-
hydroxy-.
65455-72-3.............................. 3,6,9,12,15,18,21,24,27- 2/10/00 4/10/00
Nonaoxanonacosan-1-ol, 29-
(isononylphenoxy)-.
68412-54-4.............................. Poly(oxy-1,2-ethanediyl), 2/10/00 4/10/00
alpha-(nonylphenyl)-omega-
hydroxy-, branched.
98113-10-1.............................. NP9........................... 2/10/00 4/10/00
127087-87-0............................. Poly(oxy-1,2-ethanediyl), 2/10/00 4/10/00
alpha-(4-nonylphenyl)-omega-
hydroxy-, branched.
152143-22-1............................. Poly(oxy-1,2-ethanediyl), 2/10/00 4/10/00
alpha-(4-nonylphenyl)-omega-
hydroxy-, branched,
phosphates.
* * * * * * *
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[[Page 1554]]
PART 716--[AMENDED]
2. In part 716:
a. The authority citation for part 716 continues to read as
follows:
Authority: 15 U.S.C. 2607(d).
Sec. 716.120 [Amended]
b. In Sec. 716.120, the table in paragraph (d) is amended by
removing the stay, and by removing the ``Nonylphenol ethoxylates''
category name and the 18 nonylphenol ethoxylates listed thereunder.
[FR Doc. 00-491 Filed 1-10-00; 8:45 am]
BILLING CODE 6560-50-F
