[Federal Register Volume 64, Number 39 (Monday, March 1, 1999)]
[Proposed Rules]
[Pages 9957-9959]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-4971]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 372
[OPPTS-400132B; FRL-6066-1]
RIN 2070-AD09
Persistent Bioaccumulative Toxic (PBT) Chemicals; Amendments to
Proposed Addition of a Dioxin and Dioxin-Like Compounds Category;
Community Right-to-Know Toxic Chemical Release Reporting; Extension of
Comment Period
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule; extension of comment period.
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SUMMARY: On January 5, 1999, EPA issued a proposed rule to lower the
reporting thresholds for certain
[[Page 9958]]
persistent bioaccumulative toxic (PBT) chemicals that are subject to
reporting under section 313 of the Emergency Planning and Community
Right-to-Know Act of 1986 (EPCRA) and section 6607 of the Pollution
Prevention Act of 1990 (PPA). The proposed rule also included the
addition of certain PBT chemicals, amendments to the proposed rule to
add a dioxin and dioxin-like compounds category, as well as other
related reporting changes. The purpose of this action is to inform
interested parties that, in response to several requests, EPA is
extending the comment period by 30 days until April 7, 1999. The
comment period for the proposed rule was scheduled to close on March 8,
1999.
DATES: Written comments, identified by the docket control number OPPTS-
400132, must be received by EPA on or before April 7, 1999.
ADDRESSES: Comments may be submitted by mail, electronically, or in
person. Please follow the detailed instructions for each method as
provided in Unit I. of the ``SUPPLEMENTARY INFORMATION'' section of
this document.
FOR FURTHER INFORMATION CONTACT: Daniel R. Bushman, Petitions
Coordinator, 202-260-3882, e-mail: bushman.daniel@epamail.epa.gov, for
specific information on the proposed rule, or for more information on
EPCRA section 313, the Emergency Planning and Community Right-to-Know
Hotline, Environmental Protection Agency, Mail Code 5101, 401 M St.,
SW., Washington, DC 20460, Toll free: 1-800-535-0202, in Virginia and
Alaska: 703-412-9877 or Toll free TDD: 1-800-553-7672.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this Action Apply to Me?
You may be potentially affected by this action if you manufacture,
process, or otherwise use any of the chemicals listed under Table 1 in
Unit V.C.1. of the January 5, 1999 proposed rule (64 FR 688) (FRL-6032-
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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Industry Facilities that: incinerate
or otherwise treat, store
or dispose of hazardous
waste or sewage sludge;
operate chlor-alkali
processes; manufacture
chlorinated organic
compounds, pesticides,
other organic or inorganic
chemicals, tires, inner
tubes, other rubber
products, plastics and
material resins, paints,
Portland cement, pulp and
paper, asphalt coatings, or
electrical components;
operate cement kilns;
operate metallurgical
processes such as steel
production, smelting, metal
recovery furnaces, blast
furnaces, coke ovens, metal
casting and stamping;
operate petroleum bulk
terminals; operate
petroleum refineries;
operate industrial boilers
that burn coal, wood,
petroleum products; and
electric utilities that
combust coal and/or oil for
distribution of electricity
in commerce.
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Federal Government Federal facilities that:
burn coal, wood, petroleum
products; burn wastes;
incinerate or otherwise
treat, store, or dispose of
hazardous waste or sewage
sludge.
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This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in the table could also be
affected. To determine whether your facility would be affected by this
action, you should carefully examine the applicability criteria in part
372, subpart B of Title 40 of the Code of Federal Regulations. If you
have questions regarding the applicability of this action to a
particular entity, consult the person listed in the preceding ``FOR
FURTHER INFORMATION CONTACT'' section.
B. How Can I Get Additional Information or Copies of this Document or
Other Support Documents?
1. Electronically. You may obtain electronic copies of this
document and the January 5, 1999 proposed rule from the EPA Internet
Home Page at http://www.epa.gov/. On the Home Page select ``Laws and
Regulations'' and then look up the entry for this document under the
``Federal Register - Environmental Documents.'' You can also go
directly to the ``Federal Register'' listings at http://www.epa.gov/
fedrgstr/.
2. 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.
In addition, the official record for this document, including the
public version, has been established under docket control number OPPTS-
400132, (including comments and data submitted electronically as
described below). This record includes not only the documents
physically contained in the docket, but all of the documents included
as references in those documents. A public version of this record,
including printed, paper versions of any electronic comments, which
does not include any information claimed as Confidential Business
Information (CBI), is available for inspection from noon to 4 p.m.,
Monday through Friday, excluding legal holidays. The public record is
located in the TSCA Nonconfidential Information Center, Rm. NE-B607,
401 M St., SW., Washington, DC 20460. The TSCA Nonconfidential
Information Center telephone number is 202-260-7099.
C. How and to Whom Do I Submit Comments?
You may submit comments through the mail, in person, or
electronically. Be sure to identify the appropriate docket control
number (i.e., ``OPPTS-400132'') in your correspondence.
1. By mail. Submit written comments to: Document Control Office
(7407), Office of Pollution Prevention and Toxics (OPPT), Environmental
Protection Agency, 401 M St., SW., Washington, DC 20460.
2. In person or by courier. Deliver written comments to: Document
Control Office in Rm. G-099, Waterside Mall, 401 M St., SW.,
Washington, DC, telephone: 202-260-7093.
3. Electronically. Submit your comments and/or data electronically
by e-mail to: oppt.ncic@epa.gov.'' Please note that you should not
submit any information electronically that you consider to be CBI.
Electronic comments must be submitted as an ASCII file avoiding the use
of special characters and any form of encryption. Comment and data will
also be accepted on standard computer disks in WordPerfect 5.1/6.1 or
ASCII file format. All comments and data in electronic form must be
identified by the docket control number OPPTS-400132. Electronic
comments on this notice may also be
[[Page 9959]]
filed online at many Federal Depository Libraries.
D. How Should I Handle CBI Information that I Want to Submit to the
Agency?
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. A copy of the comment that does
not contain CBI must be submitted for inclusion in the public record.
Information not marked confidential will be included in the public
docket by EPA without prior notice. If you have any questions about CBI
or the procedures for claiming CBI, please consult with the technical
person identified in the ``FOR FURTHER INFORMATION CONTACT'' section.
II. Background Information
A. What Does this Notice Do and What Action Does this Notice Affect?
This notice extends the comment period for EPA's January 5, 1999
proposed rule (64 FR 688) to lower the reporting thresholds for certain
PBT chemicals that are subject to reporting under EPCRA section 313 and
PPA section 6607. The January 5, 1999 proposed rule also proposed to
lower reporting thresholds for dioxin and dioxin-like compounds, which
were previously proposed for addition to the EPCRA section 313 list of
toxic chemicals. EPA proposed these actions pursuant to its authority
under EPCRA section 313(f)(2) to revise reporting thresholds. In
addition, EPA proposed to add certain PBT chemicals to the list of
chemicals subject to the reporting under EPCRA section 313 and PPA
section 6607 and to establish lower reporting thresholds for these
chemicals. EPA proposed to add these chemicals to the EPCRA section 313
list pursuant to its authority to add chemicals and chemical categories
that meet the EPCRA section 313(d)(2) toxicity criteria. The proposed
additions of these chemicals are based on their carcinogenicity or
other chronic human health effects and/or their adverse effects on the
environment. As part of the proposed rule, EPA amended its proposal
published in the Federal Register of May 7, 1997 (62 FR 24887) (FRL-
5590-1), to add a category of dioxin and dioxin-like compounds to the
EPCRA section 313 list of toxic chemicals by proposing to exclude the
co-planar polychlorinated biphenyls (PCBs) from the category and by
proposing to add an activity qualifier to the category. EPA also
proposed to require that separate reports be filed for tetraethyl lead
and tetramethyl lead which are listed under the lead compounds
category. EPA's proposed actions also included modifications to certain
reporting exemptions and requirements for those toxic chemicals that
would be subject to the lower reporting thresholds.
In addition, today's action also extends the comment period for the
Notice of Availability and Clarification that was published on February
23, 1999 (64 FR 8766) (FRL-6061-7). The February 23, 1999 action made
available an additional document concerning the economics analysis for
one of the reporting threshold options discussed in the January 5, 1999
proposed rule. The action also made clarifications to the discussion in
the proposed rule concerning the reporting limitation for certain
metals when contained in alloys.
B. Why and for How Long is EPA Extending the Comment Period?
EPA has received requests from a number of groups to extend the
comment period for the January 5, 1999 proposed rule. These groups
include the American Cyanamid Company, American Forest & Paper
Association, American Portland Cement Alliance, Chemical Manufacturers
Association, Chlorine Chemistry Council, Eastman Chemical Company,
National Mining Association, and the Pentachlorophenol Task Force.
These groups have requested additional time to review relevant
information and prepare comments on the proposed rule. EPA has
considered these comments and has determined that extending the comment
period is an appropriate action that will not cause a significant delay
in the evaluation of the proposed rule. Therefore, EPA is extending the
comment period on the January 5, 1999 proposed rule and the February
23, 1999 action by 30 days until April 7, 1999. All comments should be
submitted following the detailed instructions as provided in Unit I. of
the ``SUPPLEMENTARY INFORMATION'' section of this document. All
comments must be received by April 7, 1999.
III. Do Any of the Regulatory Assessment Requirements Apply to this
Action?
No. As indicated previously, this action merely announces the
extension of the comment period for the proposed rule. This action does
not impose any new requirements. As such, this action does not require
review by the Office of Management and Budget (OMB) under Executive
Order 12866, entitled Regulatory Planning and Review (58 FR 51735,
October 4, 1993), the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et
seq., or Executive Order 13045, entitled Protection of Children from
Environmental Health Risks and Safety Risks (62 FR 19885, April 23,
1997). 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). Nor does it 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) and Executive Order 13084, entitled Consultation and
Coordination with Indian Tribal Governments (63 FR 27655, May 19,
1998), or special consideration of environmental justice related issues
under 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
(RFA) (5 U.S.C. 601 et seq.). EPA's compliance with these statutes and
Executive Orders for the underlying proposed rule, is discussed in the
preamble to the proposed rule (see 64 FR 688, January 5, 1999).
List of Subjects in 40 CFR Part 372
Environmental protection, Community right-to-know, Reporting and
recordkeeping requirements, Toxic chemicals.
Dated: February 23, 1999.
Susan H. Wayland,
Acting Assistant Administrator for Prevention, Pesticides and Toxic
Substances.
[FR Doc. 99-4971 Filed 2-26-99; 8:45 am]
BILLING CODE 6560-50-F
