65 FR 129 pgs. 41371-41376 - Preliminary Assessment Information Reporting; Addition of Certain Chemicals
Type: RULEVolume: 65Number: 129Pages: 41371 - 41376
Docket number: [OPPTS-82054; FRL-6589-1]
FR document: [FR Doc. 00-16802 Filed 7-3-00; 8:45 am]
Agency: Environmental Protection Agency
Official PDF Version: PDF Version
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 712
[OPPTS-82054; FRL-6589-1]
RIN-2070-AB08
Preliminary Assessment Information Reporting; Addition of Certain Chemicals
AGENCY:
Environmental Protection Agency (EPA).
ACTION:
Final rule.
SUMMARY:
This final rule addresses the recommendations of the 41st TSCAInteragency Testing Committee (ITC) Report by adding 29 alkylphenols, alkylphenolethoxylates, and polyalkylphenols to the Toxic Substances Control Act (TSCA) section 8(a)Preliminary Assessment Information Reporting (PAIR) rule. The ITC recommendations aregiven priority consideration by EPA in promulgating TSCA section 4 test rules. This PAIR rulewill require manufacturers (including importers) of the 29 substances identified in this documentto report certain production, importation, use, and exposure-related information to EPA.
DATES:
This rule is effective on August 4, 2000.
FOR FURTHER INFORMATION CONTACT:
For general information contact: Barbara Cunningham, Director, Office of Program Management and Evaluation,Office of Pollution Prevention and Toxics (7401), Environmental Protection Agency, 1200Pennsylvania Ave., NW., Washington, DC 20460; telephone number: (202) 554-1404; e-mail address: TSCA-Hotline@epa.gov.
For technical information contact: Paul Campanella, Chemical Control Division(7405), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200Pennsylvania Ave., NW., Washington, DC 20460; telephone number: (202) 260-8130; faxnumber: (202) 401-3672; e-mail address: ccd.citb@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information:
A. Does this Action Apply to Me?
You may be affected by this action if you manufacture (defined by statute to includeimport) any of the chemical substances that are listed in § 712.30(e) of the regulatory textportion of this document. Entities potentially affected by this action may include, but are notlimited to:
| Category | SIC codes | NAICS codes | Examples of potentially affected entities |
|---|---|---|---|
| Chemical manufacturers (including importers) | 28, 2911 | 325, 32411 | Persons who manufacture (defined by statute to include import) one or more of thesubject chemical substances. |
This listing is not intended to be exhaustive, but rather provides a guide for readersregarding entities likely to be affected by this action. The Standard Industrial Classification(SIC) codes and the North American Industrial Classification System (NAICS) codes have beenprovided to assist you and others in determining whether or not this action might apply to certainentities. If you have any questions regarding the applicability of this action to a particular entity,consult the technical person listed under FOR FURTHER INFORMATION CONTACT .
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 Agency has established an official record for this action under docketcontrol number OPPTS-82054. The official record consists of the documents specificallyreferenced in this action, any public comments received during an applicable comment period,and other information related to this action, including any information claimed as ConfidentialBusiness Information (CBI). This official record includes the documents that are physicallylocated in the docket, as well as the documents that are referenced in those documents. Thepublic version of the official record does not include any information claimed as CBI. Thepublic version of the official record, which includes printed, paper versions of any electroniccomments submitted during an applicable comment period, is available for inspection in theTSCA Nonconfidential Information Center, North East Mall Rm. B-607, Waterside Mall,401 M St., SW., Washington, DC. The Center is open from noon to 4 p.m., Monday throughFriday, excluding legal holidays. The telephone number for 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 properreceipt by EPA, your comments must identify docket control number OPPTS-82054 in thesubject line on the first page of your response.
1. By mail . Submit comments to: Document Control Office (7407), Office ofPollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave.,NW., Washington, DC 20460.
2. In person or by courier . Deliver comments to: Document Control Office, Officeof Pollution Prevention and Toxics, Environmental Protection Agency, 401 M St., SW., EastTower, Rm. G-099, Washington, DC. The telephone number for the OPPT DocumentControl 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 inUnits I.C.1. or 2. 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 ofencryption. Comments will also be accepted on standard disks in WordPerfect 6.1/8 or ASCII fileformat. All copies of electronic comments must be identified by docket control numberOPPTS-82054. Electronic comments may be filed online at many Federal DepositoryLibraries.
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 claiminformation that you submit in response to this document as CBI by marking any part or all ofthat information as CBI. Information so marked will not be disclosed except in accordance withprocedures set forth in 40 CFR part 2. In addition to one complete version of the comments thatinclude any information claimed as CBI, a copy of the comments that does not contain theinformation claimed as CBI must be submitted for inclusion in the public version of the officialrecord. Information not marked confidential will be included in the public version of the officialrecord by EPA without prior notice. If you have any questions about CBI or the procedures forclaiming CBI, consult the technical person listed under "FOR FURTHER INFORMATIONCONTACT."
II. What Action is EPA Taking?
In this document, EPA is issuing a final TSCA section 8(a) "Preliminary AssessmentInformation Reporting" (PAIR) rule for 29 alkylphenols, alkylphenol ethoxylates, andpolyalkylphenols recommended for testing in the 41st TSCA ITC Report to the EPAAdministrator published in the Federal Register of April 9, 1998 (63 FR 17658) (FRL-5773-5).
III. 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 (15U.S.C. 2607(a)). This model section 8(a) rule establishes standard reporting requirements formanufacturers (including importers) of the chemicals listed in the rule at 40 CFR 712.30. Theseentities are required to submit a one-time report on general production/importation volume, enduse, and exposure-related information using the Preliminary Assessment InformationManufacturer's Report (EPA Form No. 7710-35). EPA uses this model section 8(a) rule toquickly 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 timeand without providing notice and opportunity for public comment, amend the modelinformation-gathering rule by adding the recommended (or designated) chemicals. Theamendment adding these chemicals to the PAIR rule is effective August 4, 2000.
IV. What Chemicals are to be Added ?
In its 41st Report to EPA, the ITC recommended 29 alkylphenols, alkylphenol ethoxylates,and polyalkylphenols. These chemicals can be automatically added to the TSCA section 8(a)PAIR reporting rule.
The regulatory text (§ 712.30(e)) of this document lists the 29 alkylphenols, alkylphenolethoxylates, and polyalkylphenols that are being added to the PAIR rule as a result of thisdocument.
V. Who Must Report Under this PAIR Rule?
All persons who manufactured (defined by statute to include import) the 29 alkylphenols,alkylphenol ethoxylates, and polyalkylphenols identified in the regulatory text (§ 712.30(e)) ofthis rule during their latest complete corporate fiscal year must submit a Preliminary AssessmentInformation Manufacturer's Report (EPA Form No. 7710-35) for each site at which theymanufactured or imported a named substance. A separate form must be completed for eachsubstance and submitted to the Agency as specified in 40 CFR 712.28 no later than October 3, 2000. Persons who havepreviously and voluntarily submitted a Manufacturer's Report to the ITC or EPA may be able tosubmit a copy of the original report to EPA or to notify EPA by letter of their desire to have thisvoluntary submission accepted in lieu of a current data submission. See § 712.30(a)(3).
Details of the PAIR reporting requirements, including the basis for exemptions, areprovided in 40 CFR part 712. Copies of the form are available from the TSCA EnvironmentalAssistance Division at the address listed under FOR FURTHER INFORMATION CONTACT . Copies of the PAIR form are also available electronically from the ChemicalTesting and Information Gathering Home Page on the Internet athttp://www.epa.gov/opptintr/chemtest/.
VI. 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 July 19, 2000, detailed reasons for that belief. EPA, in its discretion, may remove the substance from this rule (see 40 CFR 712.30(c)). When withdrawing a chemical from the rule, EPA will publish a rule amendment in the Federal Register .
VII. Public Record
The following documents constitute the public record for this rule under docket controlnumber OPPTS-82054.
1. This final rule.
2. The Economic Analysis for this rule (February 10, 2000).
3. The 41st Report of the ITC (63 FR 17658, April 9, 1998) (FRL-5773-5).
VIII. 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 tocomment because the Agency believes that providing notice and an opportunity to comment isunnecessary. As discussed in Unit III., 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. EPA finds, therefore, that there is "good cause" under section 553(b)(3)(B) of theAdministrative Procedure Act (APA) (5 U.S.C. 553 (b)(3)(B)) to make these amendmentswithout prior notice and comment.
IX. Economic Analysis
The economic analysis for the addition of the 29 alkylphenols, alkylphenol ethoxylates,and polyalkylphenols to the TSCA section 8(a) PAIR rule is entitled " Economic Analysisfor the Addition of 29 Chemicals Recommended for Testing in the 41st Report of the TSCAInteragency Testing Committee to EPA's Preliminary Assessment Information Reporting (PAIR)Rule" (February 10, 2000) (Economic Analysis).
EPA's 1998 Chemical Update System (CUS) was searched to identify manufacturers(including importers) of the 29 CAS-numbered alkylphenols, alkylphenol ethoxylates, andpolyalkylphenols recommended in the ITC's 41st Report. Only 5 of the 29 chemicals werelocated in CUS indicating, for example, that the other chemicals are not being produced orimported in quantities large enough to be reported to EPA for 1998 under the TSCA InventoryUpdate Rule (IUR) (40 CFR part 710) or are not subject to reporting under the IUR. TheEconomic Analysis estimates governmental and industry burden and costs associated with thisfinal rule based upon the data regarding the five chemical substances found in CUS. Six firmswere identified as manufacturers of the chemical, at eight sites. The costs and burden associatedwith this rule are estimated in the Economic Analysis to be the following:
Reporting Costs (dollars)
9 reports estimated at $1977.29 per report = $17,795.62
Total Cost = $17,795.62
Mean cost per site/firm = $17,795.62/8 sites = $2,224.45/site
Reporting Burden (hours)
Rule familiarization: 7 hours/site x 8 sites = 56 hours
Reporting: 21.6 hours/report x 9 reports = 194 hours
Total burden hours = 250 hours
Average burden per site/firm = 250 hours/8 sites = 31.3 hours/site
EPA Costs (dollars)
The annual costs to the Federal Government will be approximately 0.0227 FTEs (or 47.25hours annually). At an estimated $75,306 per FTE, the total 0.0227 FTEs ($1709.45), plus$1,834.92 for data processing, will cost EPA $3,544.37.
X. Regulatory Assessment Requirements
A. Executive Order 12866
The Office of Management and Budget (OMB) has exempted actions under TSCA section8(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 issuespursuant to Executive Order 12898, entitled Federal Actions to Address EnvironmentalJustice 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 HealthRisks 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 doesnot concern an environmental health or safety risk that may have a disproportionate effect onchildren. This rule requires the reporting of production, importation, use, and exposure-relatedinformation to EPA by manufacturers (including importers) of certain chemicals recommendedin the 41st Report of the TSCA ITC.
D. Regulatory Flexibility Act
Pursuant to section 605(b) of the Regulatory Flexibility Act (RFA), 5 U.S.C. 601 etseq. , the Agency hereby certifies that this rule will not have a significant impact on asubstantial number of small entities. The factual basis for the Agency's determination ispresented in the small entity analysis prepared as a part of the Economic Analysis for this rule,and is briefly summarized here. Three of the six firms identified as manufacturers of chemicalsaffected 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 isestimated to be less than $2,224, regardless of the firm's size. To determine the potentialsignificance of the estimated impact of this action on the small firms, the Agency compared theestimated 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 thisaction will not result in a significant impact on any of these firms. Information relating to thisEPA determination is included in the docket for this rulemaking (OPPTS-82054). Anycomments regarding the economic impacts that this action imposes on small entities should besubmitted 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. ), anAgency may not conduct or sponsor, and a person is not required to respond to, a collection ofinformation that is subject to approval under the PRA unless it displays a currently valid OMBcontrol number. The OMB control numbers for EPA's regulations, after appearing in thepreamble of the final rule, are listed in 40 CFR part 9, and included on the related collectioninstrument. The information collection activities related to this action have already beenapproved by OMB, under OMB control number 2070-0054 (EPA ICR No. 586) for PAIRreporting. This action does not impose any burdens requiring additional OMB approval. Thepublic reporting burden for this collection of information is estimated to be 250 hours. Of thattotal, an estimated 56 hours are spent in an initial review of the rule, and the remaining 194hours are associated with actual reporting activities (Economic Analysis). Because this rule doesnot contain any new information collection activities, additional review and approval of theseactivities by OMB under the PRA is not necessary.
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 Law104-4, EPA has determined that this rule does not contain a Federal mandate that may resultin expenditures of $100 million or more for State, local, and tribal governments, in theaggregate, or the private sector in any 1 year. In addition, EPA has determined that this rule willnot significantly or uniquely affect small governments. Accordingly, the rule is not subject tothe requirements of UMRA sections 202, 203, 204, or 205.
Based on EPA's experience with past TSCA section 8(a) rulemakings, State, local, andtribal governments have not been impacted by these rulemakings, and EPA does not have anyreasons to believe that any State, local, or tribal government will be impacted by thisrulemaking. As a result, this action is not subject to the requirement for prior consultation withIndian tribal governments as specified in Executive Order 13084, entitled Consultation andCoordination with Indian Tribal Governments (63 FR 27655, May 19, 1998). Nor will thisaction have a substantial direct effect on States, on the relationship between the nationalgovernment and the States, or on the distribution of power and responsibilities among thevarious 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 Agencyconsideration of voluntary consensus standards pursuant to section 12(d) of the NationalTechnology Transfer and Advancement Act of 1995 (NTTAA), Public Law 104-113, section12(d) (15 U.S.C. 272 note). Section 12(d) of NTTAA directs EPA to use voluntary consensusstandards in its regulatory activities unless to do so would be inconsistent with applicable law orotherwise impractical. Voluntary consensus standards are technical standards (e.g., materialsspecifications, test methods, sampling procedures, and business practices) that are developed oradopted by voluntary consensus standards bodies. The NTTAA directs EPA to provideCongress, through OMB, explanations when the Agency decides not to use available andapplicable voluntary consensus standards. EPA invites public comment on the Agency'sdetermination that this regulatory action does not require the consideration of voluntaryconsensus standards.
H. Executive Order 12988
In issuing this rule, EPA has taken the necessary steps to eliminate drafting errors andambiguity, 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 FR4729, February 7, 1996).
I. Executive Order 12630
EPA has complied with Executive Order 12630, entitled Governmental Actions andInterference 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'sSupplemental Guidelines for the Evaluation of Risk and Avoidance of UnanticipatedTakings issued under the Executive Order.
XI. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq. , as added by the SmallBusiness Regulatory Enforcement Fairness Act of 1996, generally provides that before a rulemay take effect, the agency promulgating the rule must submit a rule report, which includes acopy of the rule, to each House of the Congress and to the Comptroller General of the UnitedStates. Section 808 allows the issuing agency to make a good cause finding that notice andpublic procedure is impracticable, unnecessary or contrary to the public interest. Thisdetermination must be supported by a brief statement. 5 U.S.C. 808(2). EPA has made such agood cause finding for this final rule, and established an effective date of August 4, 2000. Pursuant to 5U.S.C. 808(2), this determination is supported by the brief statement in Unit VIII. EPA will submit a report containing this final rule and other required information tothe U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the UnitedStates 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).
List of Subjects in 40 CFR Part 712
Environmental protection, Chemicals, Hazardous substances, Health and safety, Reportingand recordkeeping requirements.
Dated: June 20, 2000.
William Sanders III,
Director, Office of Pollution Prevention and Toxics.
Therefore, 40 CFR chapter I is amended as follows:
PART 712-[AMENDED]
1. The authority citation for part 712 continues to read as follows:
Authority:
15 U.S.C. 2607(a).
2. In § 712.30, the table in paragraph (e) is amended by revising the category heading for "Alkylphenols and Alkylphenol ethoxylated" to read "Alkylphenols, Alkylphenol ethoxylates, and Polyalkylphenols" and adding 29 chemicals in ascending numeric CAS number order to the category to read as follows:
§ 712.30 Chemical lists and reporting periods.
*****
(e)***
| CAS No. | Substance | Effective date | Reporting date |
|---|---|---|---|
| ******* | |||
| Alkylphenols, Alkylphenol ethoxylates, and Polyalkylphenols | |||
| ******* | |||
| 136-81-2 | Phenol, 2-pentyl- | August 4, 2000 | October 3, 2000 |
| 140-66-9 | Phenol, 4-(1,1,3,3-tetramethylbutyl)- | August 4, 2000 | October 3, 2000 |
| ******* | |||
| 1987-50-4 | Phenol, 4-heptyl- | August 4, 2000 | October 3, 2000 |
| ******* | |||
| 2446-69-7 | Phenol, 4-hexyl- | August 4, 2000 | October 3, 2000 |
| ******* | |||
| 2589-78-8 | Phenol, 4-hexadecyl- | August 4, 2000 | October 3, 2000 |
| ******* | |||
| 3279-27-4 | Phenol, 2-(1,1-dimethylpropyl)- | August 4, 2000 | October 3, 2000 |
| ******* | |||
| 9004-87-9 | Poly(oxy-1,2-ethanediyl), a-(isooctylphenyl)- v -hydroxy- | August 4, 2000 | October 3, 2000 |
| 9014-92-0 | Poly(oxy-1,2-ethanediyl), a-(dodecylphenyl)- v -hydroxy- | August 4, 2000 | October 3, 2000 |
| ******* | |||
| 9063-89-2 | Poly(oxy-1,2-ethanediyl), a-(octylphenyl)- v -hydroxy- | August 4, 2000 | October 3, 2000 |
| ******* | |||
| 25401-86-9 | Phenol, 2-hexadecyl- | August 4, 2000 | October 3, 2000 |
| ******* | |||
| 25735-67-5 | Phenol, 4-sec-pentyl- | August 4, 2000 | October 3, 2000 |
| 26401-47-8 | Poly(oxy-1,2-ethanediyl), a-(4-dodecylphenyl)- v -hydroxy- | August 4, 2000 | October 3, 2000 |
| 26401-74-1 | Phenol, 2-sec-pentyl- | August 4, 2000 | October 3, 2000 |
| 27157-66-0 | Phenol, decyl- | August 4, 2000 | October 3, 2000 |
| ******* | |||
| 59911-95-4 | Poly(oxy-1,2-ethanediyl), a-(4-hexadecylphenyl)- v -hydroxy- | August 4, 2000 | October 3, 2000 |
| 61723-87-3 | Poly(oxy-1,2-ethanediyl), a-(tridecylphenyl)- v -hydroxy- | August 4, 2000 | October 3, 2000 |
| ******* | |||
| 68081-86-7 | Phenol, nonyl derivs. | August 4, 2000 | October 3, 2000 |
| 68784-24-7 | Phenol, C18-30-alkyl derivs. | August 4, 2000 | October 3, 2000 |
| 68891-67-8 | Phenol, polypropene derivs. | August 4, 2000 | October 3, 2000 |
| 68908-55-4 | Phenol, polybutene derivs. | August 4, 2000 | October 3, 2000 |
| 68954-70-1 | Phenol, polyethyl derivs. | August 4, 2000 | October 3, 2000 |
| 70682-80-3 | Phenol, tetradecyl- | August 4, 2000 | October 3, 2000 |
| 71902-25-5 | Phenol, octenylated | August 4, 2000 | October 3, 2000 |
| 72624-02-3 | Phenol, heptyl derivs. | August 4, 2000 | October 3, 2000 |
| 74499-35-7 | Phenol, (tetrapropenyl) derivs. | August 4, 2000 | October 3, 2000 |
| 84605-25-4 | Phenol, 1-methylhexyl derivs. | August 4, 2000 | October 3, 2000 |
| ******* | |||
| 91672-41-2 | Phenol, 2-nonyl-, branched | August 4, 2000 | October 3, 2000 |
| 112375-88-9 | Phenol, polyisobutylene derivs. | August 4, 2000 | October 3, 2000 |
| 112375-89-0 | Phenol, poly(2,4,4-trimethylpentene) derivs | August 4, 2000 | October 3, 2000 |
| ******* |
[FR Doc. 00-16802 Filed 7-3-00; 8:45 am]
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