[Federal Register Volume 65, Number 129 (Wednesday, July 5, 2000)]
[Rules and Regulations]
[Pages 41371-41376]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-16802]
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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.
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SUMMARY: This final rule addresses the recommendations of the 41st TSCA
Interagency Testing Committee (ITC) Report by adding 29 alkylphenols,
alkylphenol ethoxylates, and polyalkylphenols to the Toxic Substances
Control Act (TSCA) section 8(a) Preliminary Assessment Information
Reporting (PAIR) rule. 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 29
substances identified in this document to 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, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460; telephone number: (202) 554-1404; e-mail address:
[email protected].
For technical information contact: Paul Campanella, Chemical
Control Division (7405), Office of Pollution Prevention and Toxics,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460; telephone number: (202) 260-8130; fax number:
(202) 401-3672; e-mail address: [email protected].
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 include import) any of the chemical substances that are
listed in Sec. 712.30(e) of the regulatory text portion of this
document. Entities potentially affected by this action may include, but
are not limited to:
[[Page 41372]]
----------------------------------------------------------------------------------------------------------------
Examples of potentially
Category SIC codes NAICS codes 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 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 docket control number OPPTS-82054. The official
record consists of the documents specifically referenced in this
action, any public comments received during an applicable comment
period, and other information related to this action, including any
information claimed as Confidential Business Information (CBI). This
official record includes the documents that are physically located in
the docket, as well as the 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 submitted during an applicable comment period, is available
for inspection in the TSCA 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 through Friday,
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 proper receipt by EPA, your comments must
identify docket control number OPPTS-82054 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, 1200 Pennsylvania Ave., NW., 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: [email protected], or you may mail or deliver your computer disk to
the addresses identified in Units 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
of encryption. Comments will also be accepted on standard disks in
WordPerfect 6.1/8 or ASCII file format. All copies of electronic
comments must be identified by docket control number OPPTS-82054.
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 listed under ``FOR FURTHER
INFORMATION CONTACT.''
II. What Action is EPA Taking?
In this document, EPA is issuing a final TSCA section 8(a)
``Preliminary Assessment Information Reporting'' (PAIR) rule for 29
alkylphenols, alkylphenol ethoxylates, and polyalkylphenols recommended
for testing in the 41st TSCA ITC Report to the EPA Administrator
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 (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 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 (Sec. 712.30(e)) of this document lists the 29
alkylphenols, alkylphenol ethoxylates, and polyalkylphenols that are
being added
[[Page 41373]]
to the PAIR rule as a result of this document.
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 (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 October 3, 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/.
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 control number 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 to comment because the Agency believes that
providing notice and an opportunity to comment is unnecessary. 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
the Administrative Procedure Act (APA) (5 U.S.C. 553 (b)(3)(B)) to make
these amendments without 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 Analysis for the Addition of 29
Chemicals Recommended for Testing in the 41st Report of the TSCA
Interagency 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, and polyalkylphenols recommended
in the ITC's 41st Report. Only 5 of the 29 chemicals were 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 five chemical
substances found in CUS. Six firms were identified as manufacturers of
the chemical, at eight sites. The costs and burden associated with 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 47.25 hours 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 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 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 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
six 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
[[Page 41374]]
Agency's analysis, the maximum potential impact of this action on an
individual firm is estimated to be less than $2,224, 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-82054). 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 250 hours. Of that total, an estimated
56 hours are spent in an initial review of the rule, and the remaining
194 hours are associated with actual reporting activities (Economic
Analysis). 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.
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 TSCA 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. 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).
I. 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.
XI. 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 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 August 4, 2000. Pursuant to 5 U.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 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).
List of Subjects in 40 CFR Part 712
Environmental protection, Chemicals, Hazardous substances, Health
and safety, Reporting and 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 Sec. 712.30, the table in paragraph (e) is amended by
revising the category heading for ``Alkylphenols and Alkylphenol
ethoxylated'' to read
[[Page 41375]]
``Alkylphenols, Alkylphenol ethoxylates, and Polyalkylphenols'' and
adding 29 chemicals in ascending numeric CAS number order to the
category to read as follows:
Sec. 712.30 Chemical lists and reporting periods.
* * * * *
(e) * * *
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CAS No. Substance Effective date Reporting date
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* * * * * * *
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- August 4, 2000......... October 3, 2000
tetramethylbutyl)-.
* * * * * * *
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- August 4, 2000......... October 3, 2000
dimethylpropyl)-.
* * * * * * *
9004-87-9.......................... Poly(oxy-1,2- August 4, 2000......... October 3, 2000
ethanediyl), -
(isooctylphenyl)-
-hydroxy-.
9014-92-0.......................... Poly(oxy-1,2- August 4, 2000......... October 3, 2000
ethanediyl), -
(dodecylphenyl)--hydroxy-.
* * * * * * *
9063-89-2.......................... Poly(oxy-1,2- August 4, 2000......... October 3, 2000
ethanediyl), -
(octylphenyl)--hydroxy-.
* * * * * * *
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- August 4, 2000......... October 3, 2000
ethanediyl), -
(4-dodecylphenyl)-
-hydroxy-.
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- August 4, 2000......... October 3, 2000
ethanediyl), -
(4-hexadecylphenyl)-
-hydroxy-.
61723-87-3......................... Poly(oxy-1,2- August 4, 2000......... October 3, 2000
ethanediyl), -
(tridecylphenyl)-
-hydroxy-.
* * * * * * *
68081-86-7......................... Phenol, nonyl derivs.. August 4, 2000......... October 3, 2000
68784-24-7......................... Phenol, C18-30-alkyl August 4, 2000......... October 3, 2000
derivs..
68891-67-8......................... Phenol, polypropene August 4, 2000......... October 3, 2000
derivs..
68908-55-4......................... Phenol, polybutene August 4, 2000......... October 3, 2000
derivs..
68954-70-1......................... Phenol, polyethyl August 4, 2000......... October 3, 2000
derivs..
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, August 4, 2000......... October 3, 2000
(tetrapropenyl)
derivs..
84605-25-4......................... Phenol, 1-methylhexyl August 4, 2000......... October 3, 2000
derivs..
* * * * * * *
91672-41-2......................... Phenol, 2-nonyl-, August 4, 2000......... October 3, 2000
branched.
112375-88-9........................ Phenol, August 4, 2000......... October 3, 2000
polyisobutylene
derivs..
112375-89-0........................ Phenol, poly(2,4,4- August 4, 2000......... October 3, 2000
trimethylpentene)
derivs.
* * * * * * *
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[[Page 41376]]
[FR Doc. 00-16802 Filed 7-3-00; 8:45 am]
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