TSCA Inventory Update Reporting Partially Exempted Chemicals List; Addition of 1,2,3-Propanetriol, 60217-60221 [05-20711]

Download as PDF Federal Register / Vol. 70, No. 199 / Monday, October 17, 2005 / Rules and Regulations § 801.7T Examples (temporary). (a) The rules of § 801.3T are illustrated by the following examples: Example 1. (i) Each year Division A’s Examination and Collection functions develop detailed workplans that set goals for specific activities (e.g., number of audits or accounts closed) and for other quantity measures such as cases started, cycle time, overage cases, and direct examination time. These quantity measure goals are developed nationally and by Area Office based on budget allocations, available resources, historical experience, and planned improvements. These plans also include information on measures of quality, customer satisfaction, and employee satisfaction. Results are updated monthly to reflect how each organizational unit is progressing against its workplan, and this information is shared with all levels of management. (ii) Although specific workplans are not developed at the Territory level, Headquarters management expects the Area Directors to use the information in the Area plans to guide the activity in their Territories. For 2005, Area Office 1’s workplan has a goal to close 1,000 examinations of small business corporations and 120,000 taxpayer delinquent accounts (TDAs), and there are 10 Exam Territories and 12 Collection Territories in Area Office 1. While taking into account the mix and priority of workload, and available staffing and grade levels, the Examination Area Director communicates to the Territory Managers the expectation that, on average, each Territory should plan to close about 100 cases. The Collection Area Director similarly communicates to each Territory the expectation that, on average, they will close about 10,000 TDAs, subject to similar factors of workload mix and staffing. (iii) Similar communications then occur at the next level of management between Territory Managers and their Group Managers, and between Group Managers and their employees. These communications will emphasize the overall goals of the organization and each employee’s role in meeting those goals. The communications will include expectations regarding the average number of case closures that would have to occur to reach those goals, taking into account the fact that each employee’s actual closures will vary based upon the facts and circumstances of specific cases. (iv) Setting these quantity measure goals, and the communication of those goals, is permissible because case closures are a quantity measure. Case closures are an example of outcome-neutral production data that does not specify the outcome of any specific case such as the amount assessed or collected. Example 2. In conducting a performance evaluation, a supervisor is permitted to take into consideration information the supervisor has developed showing that the employee failed to propose an appropriate adjustment to tax liability in one of the cases the employee examined, provided that information is derived from a review of the work done on the case. All information derived from such a review of individual cases handled by the employee, including VerDate Aug<31>2005 14:06 Oct 14, 2005 Jkt 208001 time expended, issues raised, and enforcement outcomes reached should be considered and discussed with the employee and used in evaluating the employee. Example 3. When assigning a case, a supervisor is permitted to discuss with the employee the merits, issues, and development of techniques of the case based upon a review of the case file. Example 4. A supervisor is not permitted to establish a goal for proposed adjustments in a future examination. (b) [Reserved]. § 801.8T Effective dates (temporary). (a) The provisions of §§ 801.1T through 801.7T apply on or after October 17, 2005. (b) The applicability of §§ 801.1T through 801.7T expires on or before October 14, 2008. Mark E. Matthews, Deputy Commissioner for Services and Enforcement. Approved: October 3, 2005. Eric Solomon, Acting Deputy Assistant Secretary (Tax Policy). [FR Doc. 05–20439 Filed 10–14–05; 8:45 am] BILLING CODE 4830–01–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 261 Identification and Listing of Hazardous Waste CFR Correction In Title 40 of the Code of Federal Regulations, Parts 260 to 265, revised as of July 1, 2005, in Appendix IX to Part 261, on pages 129 and 130, in the second column under ‘‘Address’’, transfer entries 2 and 3 to the third column under ‘‘Waste description’’. [FR Doc. 05–55515 Filed 10–14–05; 8:45 am] BILLING CODE 1505–01–D ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 710 [OPPT–2003–0075; FRL–7715–2] RIN–2070 AC61 TSCA Inventory Update Reporting Partially Exempted Chemicals List; Addition of 1,2,3-Propanetriol Environmental Protection Agency (EPA). ACTION: Direct final rule. AGENCY: SUMMARY: EPA is taking direct final action to amend the Toxic Substances PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 60217 Control Act (TSCA) section 8(a) Inventory Update Reporting (IUR) regulations by adding 1,2,3-propanetriol (CASRN 56–81–5) to the list of chemical substances in 40 CFR 710.46(b)(2)(iv) which are exempt from reporting processing and use information required by 40 CFR 710.52(c)(4). EPA has determined that the IUR processing and use information for this chemical is of low current interest. Manufacturers and importers of the chemicals listed in 40 CFR 710.46(b)(2)(iv) must continue to report manufacturing information. DATES: This direct final rule is effective on December 16, 2005 without further notice, unless EPA receives adverse comment by November 16, 2005. If, however, EPA receives adverse comment, EPA will publish a Federal Register document to withdraw the direct final rule before the effective date. ADDRESSES: Submit your comments, identified by docket identification (ID) number OPPT–2005–0001, by one of the following methods: • Federal eRulemaking portal:https:// www.regulations.gov/. Follow the online instructions for submitting comments. • Agency website:https:// www.epa.gov/edocket/. EDOCKET, EPA’s electronic public docket and comment system, is EPA’s preferred method for receiving comments. Follow the on-line instructions for submitting comments. • E-mail: oppt.ncic@epa.gov. • Mail: Document Control Office (7407M), Office of Pollution Prevention and Toxics (OPPT), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460– 0001. • Hand delivery: OPPT Document Control Office (DCO), EPA East Bldg., Rm. 6428, 1201 Constitution Ave., NW., Washington, DC. Attention: Docket ID number OPPT–2003–0075. The DCO is open from 8 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The telephone number for the DCO is (202) 564–8930. Such deliveries are only accepted during the Docket’s normal hours of operation, and special arrangements should be made for deliveries of boxed information. • Instructions: Direct your comments to docket ID number OPPT–2005–0001. EPA’s policy is that all comments received will be included in the public docket without change and may be made available online at https:// www.epa.gov/edocket/, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information E:\FR\FM\17OCR1.SGM 17OCR1 60218 Federal Register / Vol. 70, No. 199 / Monday, October 17, 2005 / Rules and Regulations whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through EDOCKET, regulations.gov, or e-mail. The EPA EDOCKET and the regulations.gov websites are ‘‘anonymous access’’ systems, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through EDOCKET or regulations.gov, your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. For additional information about EPA’s public docket, visit EDOCKET on-line or see the Federal Register of May 31, 2002 (67 FR 38102) (FRL–7181–7). • Docket: All documents in the docket are listed in the EDOCKET index at https://www.epa.gov/edocket/. Although listed in the index, some information is not publicly available, i.e., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically in EDOCKET or in hard copy at the OPPT Docket, EPA Docket Center, EPA West, Rm. B102, 1301 Constitution Ave., NW., Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The EPA Docket Center Reading Room telephone number is (202) 566–1744, and the telephone number for the OPPT Docket, which is located in the EPA Docket Center, is (202) 566–0280. FOR FURTHER INFORMATION CONTACT: For general information contact: Colby Lintner, Regulatory Coordinator, Environmental Assistance Division (7408M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460–0001; telephone VerDate Aug<31>2005 14:06 Oct 14, 2005 Jkt 208001 number: (202) 554–1404; e-mail address:TSCA-Hotline@epa.gov. For technical information contact: Susan Sharkey, Project Manager, Economics, Exposure and Technology Division (7406M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone number: (202) 564–8789; email address: sharkey.susan@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 at 15 U.S.C. 2602(7) to include import) chemical substances, including inorganic chemical substances, subject to reporting under the Inventory Update Rule (IUR) at 40 CFR part 710. Any use of the term ‘‘manufacture’’ in this document will encompass import, unless otherwise stated. In the past, persons that only were processors of chemical substances have not been required to comply with the requirements of 40 CFR part 710. These amendments do not change the status of processors under the regulations at 40 CFR part 710. Potentially affected entities may include, but are not limited to: Chemical manufacturers and importers subject to IUR reporting, including chemical manufacturers and importers of inorganic chemical substances (NAICS codes 325, 32411). This listing 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 this unit could also be affected. The North American Industrial Classification System (NAICS) codes have been provided to assist you and others in determining whether this action might apply to certain entities. To determine whether you or your business may be affected by this action, you should carefully examine the applicability provisions at 40 CFR 710.48. If you have any questions regarding the applicability of this action to a particular entity, consult the technical contact person listed under FOR FURTHER INFORMATION CONTACT. B. How Can I Access Electronic Copies of this Document and Other Related Information? In addition to using EDOCKET (https:// www.epa.gov/edocket/), you may access thisFederal Register document electronically through the EPA Internet under the ‘‘Federal Register’’ listings at PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 https:// www.epa.gov/fedrgstr/. A frequently updated electronic version of 40 CFR part 710 is available at E-CFR Beta Site Two at https:// www.gpoaccess5.gov/ecfr/. C. What Should I Consider as I Prepare My Comments for EPA? 1. Submitting CBI. Do not submit CBI to EPA through EDOCKET, regulations.gov, or e-mail. Clearly mark the part or all of the information that you claim to be CBI. For CBI information in a disk or CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as CBI and then identify electronically within the disk or CD ROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. 2. Tips for preparing your comments. When submitting comments, remember to: i. Identify the rulemaking by docket ID number and other identifying information (subject heading, Federal Register date, and page number). ii. Follow directions. The Agency may ask you to respond to specific questions or organize comments by referencing a Code of Federal Regulations (CFR) part or section number. iii. Explain why you agree or disagree; suggest alternatives, and substitute language for your requested changes. iv. Describe any assumptions and provide any technical information and/ or data that you used. v. If you estimate potential costs or burdens, explain how you arrived at your estimate in sufficient detail to allow for it to be reproduced. vi. Provide specific examples to illustrate your concerns, and suggest alternatives. vii. Explain your views as clearly as possible, avoiding the use of profanity or personal threats. viii. Make sure to submit your comments by the comment period deadline identified. II. Background A. What is the Agency’s Authority for Taking this Action? EPA is required under TSCA section 8(b), 15 U.S.C. 2607(b), to compile and keep current an inventory of chemical substances manufactured or processed in the United States. This inventory is E:\FR\FM\17OCR1.SGM 17OCR1 Federal Register / Vol. 70, No. 199 / Monday, October 17, 2005 / Rules and Regulations known as the TSCA Chemical Substances Inventory (the TSCA Inventory). In 1977, EPA promulgated a rule (42 FR 64572, December 23, 1977) under TSCA section 8(a), 15 U.S.C. 2607(a), to compile an inventory of chemical substances in commerce at that time. In 1986, EPA promulgated the initial IUR under TSCA section 8(a) at 40 CFR part 710 (51 FR 21438, June 12, 1986) to facilitate the periodic updating of the TSCA Inventory and to support activities associated with the implementation of TSCA. In 2003, EPA promulgated extensive amendments to the IUR (68 FR 848, January 7, 2003) (FRL–6767–4) (2003 Amendments) to collect manufacturing, processing, and use exposure-related information, and to make certain other changes. Minor corrections to the IUR were made in July of 2004 (69 FR 40787, July 7, 2004) (FRL–7332–3). TSCA section 8(a)(1) authorizes the EPA Administrator to promulgate rules under which manufacturers and processors of chemical substances and mixtures (referred to hereinafter as chemical substances) must maintain such records and submit such information as the Administrator may reasonably require. TSCA section 8(a) generally excludes small manufacturers and processors of chemical substances from the reporting requirements established in TSCA section 8(a). However, EPA is authorized by TSCA section 8(a)(3) to require TSCA section 8(a) reporting from small manufacturers and processors with respect to any chemical substance that is the subject of a rule proposed or promulgated under TSCA section 4, 5(b)(4), or 6, or that is the subject of an order under TSCA section 5(e), or that is the subject of relief that has been granted pursuant to a civil action under TSCA section 5 or 7. The standard for determining whether an entity qualifies as a small manufacturer for purposes of 40 CFR part 710 generally is defined in 40 CFR 704.3. Processors are not currently subject to the regulations at 40 CFR part 710. B. What is the Inventory Update Reporting (IUR) regulation? The data reported under the IUR are used to update the information maintained on the TSCA Inventory. EPA uses the TSCA Inventory and data reported under the IUR to support many TSCA-related activities and to provide overall support for a number of EPA and other Federal health, safety, and environmental protection activities. The IUR, as amended by the 2003 Amendments, requires U.S. manufacturers (including importers) of VerDate Aug<31>2005 14:06 Oct 14, 2005 Jkt 208001 chemicals listed on the TSCA Inventory to report to EPA every 4 years the identity of chemical substances manufactured for a commercial purpose during the reporting year in quantities of 25,000 pounds or more at any single site they own or control. The IUR generally excludes several categories of substances from its reporting requirements, i.e., polymers, microorganisms, naturally occurring chemical substances, and certain natural gas substances. Sites are required to report information such as company name, site location and other identifying information, identity and production volume of the reportable chemical substance, manufacturing exposurerelated information associated with each reportable chemical substance, including the physical form and maximum concentration of the chemical substance and the number of potentially exposed workers. Manufacturers (including importers) of larger volume chemicals (i.e., 300,000 lbs. or more manufactured during the reporting year at any site) are additionally required to report certain processing and use information (40 CFR 710.52(c)(4)). This information includes process or use category, NAICS code, industrial function category, percent production volume associated with each process or use category, number of use sites, number of potentially exposed workers, and consumer/commercial information such as use category, use in or on products intended for use by children, and maximum concentration. For the 2006 submission period, inorganic chemicals, regardless of production volume, are partially exempt (i.e., submitters do not report the processing and use information listed in 40 CFR 710.52(c)(4)). After the 2006 reporting period, the partial exemption for inorganic chemicals will no longer be applicable and submitters will report processing and use information on inorganic chemical substances manufactured (including imported at a site in volumes of 300,000 pounds or more, unless partially exempted as described in Unit II.C. In addition, specifically listed petroleum process streams and other specifically listed chemical substances are partially exempt, and manufacturers of such substances are not required to report processing and use information during the 2006 submission period as well as subsequent submission periods. C. What is the ‘‘Low Current Interest’’ Partial Exemption and Petition Process? The 2003 Amendments established a partial exemption in 40 CFR 710.46(b)(2) for certain chemicals for PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 60219 which EPA has determined the IUR processing and use information to be of ‘‘low current interest.’’ The current list of chemical substances which are subject to the low current interest exemption are identified at 40 CFR 710.46(b)(2)(iv). Persons who manufacture or import chemical substances listed in 40 CFR 710.46(b)(2)(iv) are not required to report the processing and use information specified in 40 CFR 710.52(c)(4), but are required to comply with all other reporting obligations. The public may petition EPA to add a substance to, or delete a substance from, the list of chemicals partially exempt from reporting under 40 CFR 710.46(b)(2). In determining whether the partial exemption should apply to a particular chemical substance, EPA will consider the totality of information available for the chemical substance in question, including but not limited to information associated with one or more of the following considerations (see 40 CFR 710.46(b)(2)(ii)): (A) Whether the chemical qualifies or has qualified in past IUR collections for the reporting of the information described in § 710.52(c)(4) (i.e., at least one site manufactures 300,000 pounds or more of the chemical). (B) The chemical substance’s chemical and physical properties or potential for persistence, bioaccumulation, health effects, or environmental effects (considered independently or together). (C) The information needs of EPA, other federal agencies, tribes, states, and local governments, as well as members of the public. (D) The availability of other complementary risk screening information. (E) The availability of comparable processing and use information. (F) Whether the potential risks of the chemical substance are adequately managed by EPA or another agency or authority. It is important to note that the addition of a chemical substance under this partial exemption will not necessarily be based on the potential risks of the chemical, but on the Agency’s current assessment of the need for collecting IUR processing and use information for that chemical, based upon the totality of information considered during the petition review process. Additionally, interest in a chemical or a chemical’s processing and use information may increase in the future, at which time EPA will reconsider the applicability of this partial exemption for those chemicals. A petition to amend the list of chemicals partially exempt from reporting under 40 CFR 710.46(b)(2) (whether by adding or removing a E:\FR\FM\17OCR1.SGM 17OCR1 60220 Federal Register / Vol. 70, No. 199 / Monday, October 17, 2005 / Rules and Regulations chemical to or from the list) must be in writing, must identify the chemical in question, including a chemical identification number, and should provide sufficient information for EPA to determine whether collection of the information in 40 CFR 710.52(c)(4) for the chemical in question is of low interest.In an earlier Federal Register notice (70 FR 3658, January 26, 2005) (FRL–7332–2), EPA proposed to further amend the IUR regulations to clarify the petition requirements. In that notice, EPA explained that a petition must include a written rationale or justification to support the assertion that collecting processing and use information for the chemical substance is of low current interest. In addition, the proposal clarifies that the petition must be accompanied by relevant documents, and include specific citations to information in those documents. The proposed amendments also provide that the petitioner’s rationale must include sufficient information upon which the Agency can assess the current need for IUR processing and use information and can make a decision concerning the reporting of that information for the subject chemical. Finally, the proposal clarifies that the burden of proof is on the petitioner to demonstrate why a given chemical substance should be considered of low current interest. The proposed rule has not yet been finalized. D. What Action is the Agency Taking? Through this action, EPA is amending the list of chemical substances that are partially exempt from reporting requirements under the IUR. EPA received three petitions requesting the addition of 1,2,3-propanetriol, CASRN 56–81–5, to the list of substances in 40 CFR 710.46(b)(2)(iv) (Refs. 1, 2, and 3). EPA considered the information provided in the three petitions and determined that there is at least one site manufacturing 300,000 pounds or more (see 40 CFR 710.46(b)(2)(ii)(A)); that there is sufficient current evidence of low hazard (see 40 CFR 710.46(b)(2)(ii)(B)); and that EPA believes that more information on 1,2,3propanetriol (CASRN 56–81–5) would not further our understanding of this chemical at this time (see 40 CFR 710.46(b)(2)(ii)(C)). Therefore, the IUR processing and use information for 1,2,3-propanetriol (CASRN 56–81–5) is of low current interest (Ref. 4). The petitions included sufficient information for EPA to identify a low current interest in the processing and use information associated with 1,2,3propanetriol. One petition directed the VerDate Aug<31>2005 14:06 Oct 14, 2005 Jkt 208001 Agency to specific citations in documents supplied with the petition, enabling the Agency to identify and review information pertinent to the decision. EPA received 22 reports for 1,2,3propanetriol with production volumes of 300,000 lbs. or greater in the 2002 IUR submission period. Removing the requirement to report processing and use information for 22 reports results in a cost savings of $119,483 to $128,960 in the first reporting cycle and $95,586 to $103,168 in future reporting cycles (Ref. 5). The Agency acknowledges that additional, unidentified information may exist. If you are in possession of information which is relevant to the Agency’s decision to partially exempt 1,2,3-propanetriol, please provide comments following the procedure listed in ADDRESSES. III. Direct Final Rule Procedures EPA is publishing this rule without prior proposal because the Agency views this as a noncontroversial amendment and anticipates no adverse comment. This final rule will be effective on December 16, 2005 without further notice unless the Agency receives adverse comment by November 16, 2005. If EPA receives adverse comment on this rulemaking, the Agency will publish a timely withdrawal in the Federal Register and will publish a notice of proposed rulemaking in a future edition of the Federal Register. The Agency will address the comments as part of that proposed rulemaking. IV. Materials in the Rulemaking Record The public version of the official record for this rulemaking is contained in three separate dockets that can be accessed as described in the ADDRESSES unit. Docket ID number OPPT–2005– 0001 contains the main rulemaking record. Additionally, certain supporting records are contained in docket ID numbers OPPT–2003–0059 and OPPT– 2004–0071, as identified in the listing contained in this unit. This record includes the documents located in the docket as well as the documents that are referenced in those documents. 1. Letter from Barbara J. Slatt, The Proctor & Gamble Company, to OPPT Document Control Officer, EPA, April 3, 2003. Docket document numbers OPPT– 2003–0059–0002 through OPPT–2003– 0059–0004. 2. Letter from Linda C. Burgert, The Dow Chemical Company, to OPPT Document Control Officer, EPA, December 30, 2003. Docket document number OPPT–2003–0059–0005. PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 3. Letter from Herbert Estreicher, Esq., and Martha E. Marrapese, Esq., Keller and Heckman LLP, to OPPT Document Control Officer, EPA, December 30, 2003. Docket document number OPPT– 2004–0071–0002. 4. USEPA, ‘‘Petition Review Report for CASRN 56–81–5,’’ December 22, 2004. 5. USEPA, ‘‘Cost Savings Estimate of Adding 1,2,3-Propanetriol to the 40 CFR 710.46(b)(2) Chemical Substance List,’’ OPPT, January 5, 2005. V. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review This direct final rule implements one change to 40 CFR part 710, resulting in a burden and cost reduction. Since this direct final rule does not impose any new requirements, it is not subject to review by the Office of Management and Budget (OMB) under Executive Order 12866, entitled Regulatory Planning and Review (58 FR 51735, October 4, 1993). B. Paperwork Reduction Act This direct final rule does not contain any information collections subject to OMB approval under the Paperwork Reduction Act (PRA), 44 U.S.C. 3501et seq. C. Regulatory Flexibility Act Since this action makes one change to 40 CFR part 710, resulting in a burden reduction, EPA certifies this action will not have a significant economic impact on a substantial number of small entities. There will be no adverse impact on small entities resulting from this action. D. Unfunded Mandates Reform Act This action does not impose any enforceable duty or contain any unfunded mandate as described under Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) (Public Law 104–4). E. Executive Order 3132 The Agency has determined that this action will not 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). Executive Order 13132 requires EPA to develop an accountable process to ensure ‘‘meaningful and timely input by State and local officials in the development of regulatory policies that have federalism E:\FR\FM\17OCR1.SGM 17OCR1 Federal Register / Vol. 70, No. 199 / Monday, October 17, 2005 / Rules and Regulations implications.’’ ‘‘Policies that have federalism implications’’ is defined in the Executive Order to include regulations that have ‘‘substantial direct effects on the 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.’’ This action does not alter the relationships or distribution of power and responsibilities established by Congress. F. Executive Order 13175 The Agency has determined that this rule does not have any ‘‘tribal implications’’ as described in Executive Order 13175, entitled Consultation and Coordination with Indian Tribal Governments (65 FR 67249, November 6, 2000). Executive Order 13175, requires EPA to develop an accountable process to ensure ‘‘meaningful and timely input by tribal officials in the development of regulatory policies that have tribal implications.’’ This direct final rule will not have substantial direct effects on tribal governments, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes, as specified in Executive Order 13175. Thus, Executive Order 13175 does not apply to this rule. J. 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 the Comptroller General of the United States. EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives and the Comptroller General of the United States prior to publication of the rule in the Federal Register. This rule is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). List of Subjects in 40 CFR Part 710 Environmental protection, Chemicals, Hazardous materials, 1,2,3-Propanetriol, Reporting and recordkeeping requirements. Dated: September 13, 2005. Charles M. Auer, Director, Office of Pollution Prevention and Toxics. Therefore, 40 CFR chapter I is amended as follows: I PART 710 [AMENDED] 1. The authority citation for part 710 continues to read as follows: I G. Executive Order 13045 This action does not require OMB review or any other Agency action under Executive Order 13045, entitled Protection of Children from Environmental Health Risks and Safety Risks (62 FR 19885, April 23, 1997). I H. Executive Order 13211 § 710.46 Chemical substances for which information must be reported. Because this direct final rule is exempt from review under Executive Order 12866 due to its lack of significance, this direct final rule is not subject to Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use (66 FR 28355, May 22, 2001). I. National Technology Transfer 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). VerDate Aug<31>2005 14:06 Oct 14, 2005 Jkt 208001 Authority: 15 U.S.C. 2607(a). 2. Section 710.46 is amended by adding the following entry in ascending order to the table in paragraph (b)(2)(iv). 60221 GENERAL SERVICES ADMINISTRATION 41 CFR Parts 301–11 and 301–74 [FTR Amendment 2005–06; FTR Case 2005– 306] RIN 3090–AI20 Federal Travel Regulation; Per Diem Expenses (Meals and Incidental Expense Allowance) - 2005 Office of Governmentwide Policy, General Services Administration (GSA). ACTION: Final rule. AGENCY: SUMMARY: The General Services Administration (GSA) is amending the Federal Travel Regulation (FTR), by revising the meals and incidental expense (MI&E) allowance rates for the deduction of meals furnished by the Government or meals that are included in a registration fee, for travel within the Continental United States (CONUS). The FTR and any corresponding documents may be accessed at GSA’s website at https://www.gsa.gov/ftr. DATES: Effective Date: October 1, 2005. FOR FURTHER INFORMATION CONTACT: The Regulatory Secretariat (VIR), Room 4035, GS Building, Washington, DC, 20405, (202) 208–7312, for information pertaining to status or publication schedules. For clarification of content, contact Ms. Umeki Gray Thorne, Office of Governmentwide Policy, Travel and Transportation Policy Formulation, at (202) 208–7636. Please cite FTR Amendment 2005–06; FTR case 2005– 306. SUPPLEMENTARY INFORMATION: A. Background In July 2005 a study was conducted to evaluate the current cost of meals in non-standard and standard CONUS areas. The previous study of this kind was conducted in 1998. As a result of the 2005 study’s findings, a new meals and incidental expense rate was CAS NUMBERS OF PARTIALLY EXEMPT approved. These new meal rates and CHEMICAL SUBSTANCES UNDER new meal breakdown allowances for meals furnished by the Government or § 710.46(B)(2) meals that are included in a registration fee for CONUS travel are provided CAS No. Chemical under this amendment. * * * * (b) * * * (2) * * * (iv) * * * * * * * * * 56–81–5 .................... 1,2,3-Propanetriol * * * * * * * * * * [FR Doc. 05–20711 Filed 10–14–05; 8:45 am] BILLING CODE 6560–50–S PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 B. Executive Order 12866 This is not a significant regulatory action and, therefore, was not subject to review under Section 6(b) of Executive Order 12866, Regulatory Planning and Review, dated September 30, 1993. This rule is not a major rule under 5 U.S.C. 804. E:\FR\FM\17OCR1.SGM 17OCR1

Agencies

[Federal Register Volume 70, Number 199 (Monday, October 17, 2005)]
[Rules and Regulations]
[Pages 60217-60221]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-20711]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 710

[OPPT-2003-0075; FRL-7715-2]
RIN-2070 AC61


TSCA Inventory Update Reporting Partially Exempted Chemicals 
List; Addition of 1,2,3-Propanetriol

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to amend the Toxic 
Substances Control Act (TSCA) section 8(a) Inventory Update Reporting 
(IUR) regulations by adding 1,2,3-propanetriol (CASRN 56-81-5) to the 
list of chemical substances in 40 CFR 710.46(b)(2)(iv) which are exempt 
from reporting processing and use information required by 40 CFR 
710.52(c)(4). EPA has determined that the IUR processing and use 
information for this chemical is of low current interest. Manufacturers 
and importers of the chemicals listed in 40 CFR 710.46(b)(2)(iv) must 
continue to report manufacturing information.

DATES: This direct final rule is effective on December 16, 2005 without 
further notice, unless EPA receives adverse comment by November 16, 
2005. If, however, EPA receives adverse comment, EPA will publish a 
Federal Register document to withdraw the direct final rule before the 
effective date.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number OPPT-2005-0001, by one of the following methods:
     Federal eRulemaking portal:https://www.regulations.gov/. 
Follow the on-line instructions for submitting comments.
     Agency website:https://www.epa.gov/edocket/. EDOCKET, EPA's 
electronic public docket and comment system, is EPA's preferred method 
for receiving comments. Follow the on-line instructions for submitting 
comments.
     E-mail: oppt.ncic@epa.gov.
     Mail: Document Control Office (7407M), Office of Pollution 
Prevention and Toxics (OPPT), Environmental Protection Agency, 1200 
Pennsylvania Ave., NW., Washington, DC 20460-0001.
     Hand delivery: OPPT Document Control Office (DCO), EPA 
East Bldg., Rm. 6428, 1201 Constitution Ave., NW., Washington, DC. 
Attention: Docket ID number OPPT-2003-0075. The DCO is open from 8 a.m. 
to 4 p.m., Monday through Friday, excluding legal holidays. The 
telephone number for the DCO is (202) 564-8930. Such deliveries are 
only accepted during the Docket's normal hours of operation, and 
special arrangements should be made for deliveries of boxed 
information.
     Instructions: Direct your comments to docket ID number 
OPPT-2005-0001. EPA's policy is that all comments received will be 
included in the public docket without change and may be made available 
online at https://www.epa.gov/edocket/, including any personal 
information provided, unless the comment includes information claimed 
to be Confidential Business Information (CBI) or other information

[[Page 60218]]

whose disclosure is restricted by statute. Do not submit information 
that you consider to be CBI or otherwise protected through EDOCKET, 
regulations.gov, or e-mail. The EPA EDOCKET and the regulations.gov 
websites are ``anonymous access'' systems, which means EPA will not 
know your identity or contact information unless you provide it in the 
body of your comment. If you send an e-mail comment directly to EPA 
without going through EDOCKET or regulations.gov, your e-mail address 
will be automatically captured and included as part of the comment that 
is placed in the public docket and made available on the Internet. If 
you submit an electronic comment, EPA recommends that you include your 
name and other contact information in the body of your comment and with 
any disk or CD ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses. For additional information about EPA's public 
docket, visit EDOCKET on-line or see the Federal Register of May 31, 
2002 (67 FR 38102) (FRL-7181-7).
     Docket: All documents in the docket are listed in the 
EDOCKET index at https://www.epa.gov/edocket/. Although listed in the 
index, some information is not publicly available, i.e., CBI or other 
information whose disclosure is restricted by statute. Certain other 
material, such as copyrighted material, is not placed on the Internet 
and will be publicly available only in hard copy form. Publicly 
available docket materials are available either electronically in 
EDOCKET or in hard copy at the OPPT Docket, EPA Docket Center, EPA 
West, Rm. B102, 1301 Constitution Ave., NW., Washington, DC. The Public 
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through 
Friday, excluding legal holidays. The EPA Docket Center Reading Room 
telephone number is (202) 566-1744, and the telephone number for the 
OPPT Docket, which is located in the EPA Docket Center, is (202) 566-
0280.

FOR FURTHER INFORMATION CONTACT: For general information contact: Colby 
Lintner, Regulatory Coordinator, Environmental Assistance Division 
(7408M), Office of Pollution Prevention and Toxics, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (202) 554-1404; e-mail address:TSCA-
Hotline@epa.gov.
    For technical information contact: Susan Sharkey, Project Manager, 
Economics, Exposure and Technology Division (7406M), Office of 
Pollution Prevention and Toxics, Environmental Protection Agency, 1200 
Pennsylvania Ave., NW., Washington, DC 20460; telephone number: (202) 
564-8789; e-mail address: sharkey.susan@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 at 15 U.S.C. 2602(7) to include import) chemical substances, 
including inorganic chemical substances, subject to reporting under the 
Inventory Update Rule (IUR) at 40 CFR part 710. Any use of the term 
``manufacture'' in this document will encompass import, unless 
otherwise stated. In the past, persons that only were processors of 
chemical substances have not been required to comply with the 
requirements of 40 CFR part 710. These amendments do not change the 
status of processors under the regulations at 40 CFR part 710.
    Potentially affected entities may include, but are not limited to: 
Chemical manufacturers and importers subject to IUR reporting, 
including chemical manufacturers and importers of inorganic chemical 
substances (NAICS codes 325, 32411).
    This listing 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 this unit could also be 
affected. The North American Industrial Classification System (NAICS) 
codes have been provided to assist you and others in determining 
whether this action might apply to certain entities. To determine 
whether you or your business may be affected by this action, you should 
carefully examine the applicability provisions at 40 CFR 710.48. If you 
have any questions regarding the applicability of this action to a 
particular entity, consult the technical contact person listed under 
FOR FURTHER INFORMATION CONTACT.

B. How Can I Access Electronic Copies of this Document and Other 
Related Information?

    In addition to using EDOCKET (https://www.epa.gov/edocket/), you may 
access thisFederal Register document electronically through the EPA 
Internet under the ``Federal Register'' listings at https://
www.epa.gov/fedrgstr/. A frequently updated electronic version of 40 
CFR part 710 is available at E-CFR Beta Site Two at https://
www.gpoaccess5.gov/ecfr/.

C. What Should I Consider as I Prepare My Comments for EPA?

    1. Submitting CBI. Do not submit CBI to EPA through EDOCKET, 
regulations.gov, or e-mail. Clearly mark the part or all of the 
information that you claim to be CBI. For CBI information in a disk or 
CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as 
CBI and then identify electronically within the disk or CD ROM the 
specific information that is claimed as CBI. In addition to one 
complete version of the comment that includes information claimed as 
CBI, a copy of the comment that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments, 
remember to:
    i. Identify the rulemaking by docket ID number and other 
identifying information (subject heading, Federal Register date, and 
page number).
    ii. Follow directions. The Agency may ask you to respond to 
specific questions or organize comments by referencing a Code of 
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives, and 
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information 
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    vi. Provide specific examples to illustrate your concerns, and 
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period 
deadline identified.

II. Background

A. What is the Agency's Authority for Taking this Action?

    EPA is required under TSCA section 8(b), 15 U.S.C. 2607(b), to 
compile and keep current an inventory of chemical substances 
manufactured or processed in the United States. This inventory is

[[Page 60219]]

known as the TSCA Chemical Substances Inventory (the TSCA Inventory). 
In 1977, EPA promulgated a rule (42 FR 64572, December 23, 1977) under 
TSCA section 8(a), 15 U.S.C. 2607(a), to compile an inventory of 
chemical substances in commerce at that time. In 1986, EPA promulgated 
the initial IUR under TSCA section 8(a) at 40 CFR part 710 (51 FR 
21438, June 12, 1986) to facilitate the periodic updating of the TSCA 
Inventory and to support activities associated with the implementation 
of TSCA. In 2003, EPA promulgated extensive amendments to the IUR (68 
FR 848, January 7, 2003) (FRL-6767-4) (2003 Amendments) to collect 
manufacturing, processing, and use exposure-related information, and to 
make certain other changes. Minor corrections to the IUR were made in 
July of 2004 (69 FR 40787, July 7, 2004) (FRL-7332-3).
    TSCA section 8(a)(1) authorizes the EPA Administrator to promulgate 
rules under which manufacturers and processors of chemical substances 
and mixtures (referred to hereinafter as chemical substances) must 
maintain such records and submit such information as the Administrator 
may reasonably require. TSCA section 8(a) generally excludes small 
manufacturers and processors of chemical substances from the reporting 
requirements established in TSCA section 8(a). However, EPA is 
authorized by TSCA section 8(a)(3) to require TSCA section 8(a) 
reporting from small manufacturers and processors with respect to any 
chemical substance that is the subject of a rule proposed or 
promulgated under TSCA section 4, 5(b)(4), or 6, or that is the subject 
of an order under TSCA section 5(e), or that is the subject of relief 
that has been granted pursuant to a civil action under TSCA section 5 
or 7. The standard for determining whether an entity qualifies as a 
small manufacturer for purposes of 40 CFR part 710 generally is defined 
in 40 CFR 704.3. Processors are not currently subject to the 
regulations at 40 CFR part 710.

B. What is the Inventory Update Reporting (IUR) regulation?

    The data reported under the IUR are used to update the information 
maintained on the TSCA Inventory. EPA uses the TSCA Inventory and data 
reported under the IUR to support many TSCA-related activities and to 
provide overall support for a number of EPA and other Federal health, 
safety, and environmental protection activities. The IUR, as amended by 
the 2003 Amendments, requires U.S. manufacturers (including importers) 
of chemicals listed on the TSCA Inventory to report to EPA every 4 
years the identity of chemical substances manufactured for a commercial 
purpose during the reporting year in quantities of 25,000 pounds or 
more at any single site they own or control. The IUR generally excludes 
several categories of substances from its reporting requirements, i.e., 
polymers, microorganisms, naturally occurring chemical substances, and 
certain natural gas substances. Sites are required to report 
information such as company name, site location and other identifying 
information, identity and production volume of the reportable chemical 
substance, manufacturing exposure-related information associated with 
each reportable chemical substance, including the physical form and 
maximum concentration of the chemical substance and the number of 
potentially exposed workers.
    Manufacturers (including importers) of larger volume chemicals 
(i.e., 300,000 lbs. or more manufactured during the reporting year at 
any site) are additionally required to report certain processing and 
use information (40 CFR 710.52(c)(4)). This information includes 
process or use category, NAICS code, industrial function category, 
percent production volume associated with each process or use category, 
number of use sites, number of potentially exposed workers, and 
consumer/commercial information such as use category, use in or on 
products intended for use by children, and maximum concentration.
    For the 2006 submission period, inorganic chemicals, regardless of 
production volume, are partially exempt (i.e., submitters do not report 
the processing and use information listed in 40 CFR 710.52(c)(4)). 
After the 2006 reporting period, the partial exemption for inorganic 
chemicals will no longer be applicable and submitters will report 
processing and use information on inorganic chemical substances 
manufactured (including imported at a site in volumes of 300,000 pounds 
or more, unless partially exempted as described in Unit II.C. In 
addition, specifically listed petroleum process streams and other 
specifically listed chemical substances are partially exempt, and 
manufacturers of such substances are not required to report processing 
and use information during the 2006 submission period as well as 
subsequent submission periods.

C. What is the ``Low Current Interest'' Partial Exemption and Petition 
Process?

    The 2003 Amendments established a partial exemption in 40 CFR 
710.46(b)(2) for certain chemicals for which EPA has determined the IUR 
processing and use information to be of ``low current interest.'' The 
current list of chemical substances which are subject to the low 
current interest exemption are identified at 40 CFR 710.46(b)(2)(iv). 
Persons who manufacture or import chemical substances listed in 40 CFR 
710.46(b)(2)(iv) are not required to report the processing and use 
information specified in 40 CFR 710.52(c)(4), but are required to 
comply with all other reporting obligations. The public may petition 
EPA to add a substance to, or delete a substance from, the list of 
chemicals partially exempt from reporting under 40 CFR 710.46(b)(2).
    In determining whether the partial exemption should apply to a 
particular chemical substance, EPA will consider the totality of 
information available for the chemical substance in question, including 
but not limited to information associated with one or more of the 
following considerations (see 40 CFR 710.46(b)(2)(ii)):
    (A) Whether the chemical qualifies or has qualified in past IUR 
collections for the reporting of the information described in Sec.  
710.52(c)(4) (i.e., at least one site manufactures 300,000 pounds or 
more of the chemical).
    (B) The chemical substance's chemical and physical properties or 
potential for persistence, bioaccumulation, health effects, or 
environmental effects (considered independently or together).
    (C) The information needs of EPA, other federal agencies, 
tribes, states, and local governments, as well as members of the 
public.
    (D) The availability of other complementary risk screening 
information.
    (E) The availability of comparable processing and use 
information.
    (F) Whether the potential risks of the chemical substance are 
adequately managed by EPA or another agency or authority.

    It is important to note that the addition of a chemical substance 
under this partial exemption will not necessarily be based on the 
potential risks of the chemical, but on the Agency's current assessment 
of the need for collecting IUR processing and use information for that 
chemical, based upon the totality of information considered during the 
petition review process. Additionally, interest in a chemical or a 
chemical's processing and use information may increase in the future, 
at which time EPA will reconsider the applicability of this partial 
exemption for those chemicals.
    A petition to amend the list of chemicals partially exempt from 
reporting under 40 CFR 710.46(b)(2) (whether by adding or removing a

[[Page 60220]]

chemical to or from the list) must be in writing, must identify the 
chemical in question, including a chemical identification number, and 
should provide sufficient information for EPA to determine whether 
collection of the information in 40 CFR 710.52(c)(4) for the chemical 
in question is of low interest.In an earlier Federal Register notice 
(70 FR 3658, January 26, 2005) (FRL-7332-2), EPA proposed to further 
amend the IUR regulations to clarify the petition requirements. In that 
notice, EPA explained that a petition must include a written rationale 
or justification to support the assertion that collecting processing 
and use information for the chemical substance is of low current 
interest. In addition, the proposal clarifies that the petition must be 
accompanied by relevant documents, and include specific citations to 
information in those documents. The proposed amendments also provide 
that the petitioner's rationale must include sufficient information 
upon which the Agency can assess the current need for IUR processing 
and use information and can make a decision concerning the reporting of 
that information for the subject chemical. Finally, the proposal 
clarifies that the burden of proof is on the petitioner to demonstrate 
why a given chemical substance should be considered of low current 
interest. The proposed rule has not yet been finalized.

D. What Action is the Agency Taking?

    Through this action, EPA is amending the list of chemical 
substances that are partially exempt from reporting requirements under 
the IUR. EPA received three petitions requesting the addition of 1,2,3-
propanetriol, CASRN 56-81-5, to the list of substances in 40 CFR 
710.46(b)(2)(iv) (Refs. 1, 2, and 3). EPA considered the information 
provided in the three petitions and determined that there is at least 
one site manufacturing 300,000 pounds or more (see 40 CFR 
710.46(b)(2)(ii)(A)); that there is sufficient current evidence of low 
hazard (see 40 CFR 710.46(b)(2)(ii)(B)); and that EPA believes that 
more information on 1,2,3-propanetriol (CASRN 56-81-5) would not 
further our understanding of this chemical at this time (see 40 CFR 
710.46(b)(2)(ii)(C)). Therefore, the IUR processing and use information 
for 1,2,3-propanetriol (CASRN 56-81-5) is of low current interest (Ref. 
4).
    The petitions included sufficient information for EPA to identify a 
low current interest in the processing and use information associated 
with 1,2,3-propanetriol. One petition directed the Agency to specific 
citations in documents supplied with the petition, enabling the Agency 
to identify and review information pertinent to the decision.
    EPA received 22 reports for 1,2,3-propanetriol with production 
volumes of 300,000 lbs. or greater in the 2002 IUR submission period. 
Removing the requirement to report processing and use information for 
22 reports results in a cost savings of $119,483 to $128,960 in the 
first reporting cycle and $95,586 to $103,168 in future reporting 
cycles (Ref. 5).
    The Agency acknowledges that additional, unidentified information 
may exist. If you are in possession of information which is relevant to 
the Agency's decision to partially exempt 1,2,3-propanetriol, please 
provide comments following the procedure listed in ADDRESSES.

III. Direct Final Rule Procedures

    EPA is publishing this rule without prior proposal because the 
Agency views this as a noncontroversial amendment and anticipates no 
adverse comment. This final rule will be effective on December 16, 2005 
without further notice unless the Agency receives adverse comment by 
November 16, 2005. If EPA receives adverse comment on this rulemaking, 
the Agency will publish a timely withdrawal in the Federal Register and 
will publish a notice of proposed rulemaking in a future edition of the 
Federal Register. The Agency will address the comments as part of that 
proposed rulemaking.

IV. Materials in the Rulemaking Record

    The public version of the official record for this rulemaking is 
contained in three separate dockets that can be accessed as described 
in the ADDRESSES unit. Docket ID number OPPT-2005-0001 contains the 
main rulemaking record. Additionally, certain supporting records are 
contained in docket ID numbers OPPT-2003-0059 and OPPT-2004-0071, as 
identified in the listing contained in this unit. This record includes 
the documents located in the docket as well as the documents that are 
referenced in those documents.
    1. Letter from Barbara J. Slatt, The Proctor & Gamble Company, to 
OPPT Document Control Officer, EPA, April 3, 2003. Docket document 
numbers OPPT-2003-0059-0002 through OPPT-2003-0059-0004.
    2. Letter from Linda C. Burgert, The Dow Chemical Company, to OPPT 
Document Control Officer, EPA, December 30, 2003. Docket document 
number OPPT-2003-0059-0005.
    3. Letter from Herbert Estreicher, Esq., and Martha E. Marrapese, 
Esq., Keller and Heckman LLP, to OPPT Document Control Officer, EPA, 
December 30, 2003. Docket document number OPPT-2004-0071-0002.
    4. USEPA, ``Petition Review Report for CASRN 56-81-5,'' December 
22, 2004.
    5. USEPA, ``Cost Savings Estimate of Adding 1,2,3-Propanetriol to 
the 40 CFR 710.46(b)(2) Chemical Substance List,'' OPPT, January 5, 
2005.

V. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    This direct final rule implements one change to 40 CFR part 710, 
resulting in a burden and cost reduction. Since this direct final rule 
does not impose any new requirements, it is not subject to review by 
the Office of Management and Budget (OMB) under Executive Order 12866, 
entitled Regulatory Planning and Review (58 FR 51735, October 4, 1993).

B. Paperwork Reduction Act

    This direct final rule does not contain any information collections 
subject to OMB approval under the Paperwork Reduction Act (PRA), 44 
U.S.C. 3501et seq.

C. Regulatory Flexibility Act

    Since this action makes one change to 40 CFR part 710, resulting in 
a burden reduction, EPA certifies this action will not have a 
significant economic impact on a substantial number of small entities. 
There will be no adverse impact on small entities resulting from this 
action.

D. Unfunded Mandates Reform Act

    This action does not impose any enforceable duty or contain any 
unfunded mandate as described under Title II of the Unfunded Mandates 
Reform Act of 1995 (UMRA) (Public Law 104-4).

E. Executive Order 3132

    The Agency has determined that this action will not 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). Executive Order 13132 requires EPA to develop an accountable 
process to ensure ``meaningful and timely input by State and local 
officials in the development of regulatory policies that have 
federalism

[[Page 60221]]

implications.'' ``Policies that have federalism implications'' is 
defined in the Executive Order to include regulations that have 
``substantial direct effects on the 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.'' This 
action does not alter the relationships or distribution of power and 
responsibilities established by Congress.

F. Executive Order 13175

    The Agency has determined that this rule does not have any ``tribal 
implications'' as described in Executive Order 13175, entitled 
Consultation and Coordination with Indian Tribal Governments (65 FR 
67249, November 6, 2000). Executive Order 13175, requires EPA to 
develop an accountable process to ensure ``meaningful and timely input 
by tribal officials in the development of regulatory policies that have 
tribal implications.'' This direct final rule will not have substantial 
direct effects on tribal governments, on the relationship between the 
Federal Government and Indian tribes, or on the distribution of power 
and responsibilities between the Federal Government and Indian tribes, 
as specified in Executive Order 13175. Thus, Executive Order 13175 does 
not apply to this rule.

G. Executive Order 13045

    This action does not require OMB review or any other Agency action 
under Executive Order 13045, entitled Protection of Children from 
Environmental Health Risks and Safety Risks (62 FR 19885, April 23, 
1997).

H. Executive Order 13211

    Because this direct final rule is exempt from review under 
Executive Order 12866 due to its lack of significance, this direct 
final rule is not subject to Executive Order 13211, Actions Concerning 
Regulations That Significantly Affect Energy Supply, Distribution, or 
Use (66 FR 28355, May 22, 2001).

I. National Technology Transfer 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).

J. 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 the Comptroller General of the United 
States. EPA will submit a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. This rule is not a 
``major rule'' as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 710

    Environmental protection, Chemicals, Hazardous materials, 1,2,3-
Propanetriol, Reporting and recordkeeping requirements.


    Dated: September 13, 2005.
Charles M. Auer,
Director, Office of Pollution Prevention and Toxics.

0
Therefore, 40 CFR chapter I is amended as follows:

PART 710 [AMENDED]

0
1. The authority citation for part 710 continues to read as follows:

    Authority: 15 U.S.C. 2607(a).

0
2. Section 710.46 is amended by adding the following entry in ascending 
order to the table in paragraph (b)(2)(iv).


Sec.  710.46  Chemical substances for which information must be 
reported.

* * * * *
    (b) * * *
    (2) * * *
    (iv) * * *

     CAS Numbers of Partially Exempt Chemical Substances Under Sec.
                              710.46(b)(2)
------------------------------------------------------------------------
                  CAS No.                             Chemical
------------------------------------------------------------------------
                                * * * * *
56-81-5...................................  1,2,3-Propanetriol
                                * * * * *
------------------------------------------------------------------------

* * * * *

[FR Doc. 05-20711 Filed 10-14-05; 8:45 am]
BILLING CODE 6560-50-S
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