TSCA Inventory Update Reporting Rule; Electronic Reporting, 52494-52498 [E6-14716]
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Federal Register / Vol. 71, No. 172 / Wednesday, September 6, 2006 / Rules and Regulations
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.
VII. 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. 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 this final
rule in the Federal Register. This final
rule is not a ‘‘major rule’’ as defined by
5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 180
Environmental protection,
Administrative practice and procedure,
Agricultural commodities, Pesticides
and pests, Reporting and recordkeeping
requirements.
Dated: August 25, 2006.
Lois Rossi,
Director, Registration Division, Office of
Pesticide Programs.
Therefore, 40 CFR chapter I is
amended as follows:
I
PART 180—[AMENDED]
1. The authority citation for part 180
continues to read as follows:
I
Authority: 21 U.S.C. 321(q), 346a and 371.
2. In § 180.205, the table to paragraph
(a) is amended as follows:
I a. By adding entries for animal feed,
nongrass, group 18, forage; animal feed,
nongrass, group 18, hay; barley, hay;
barley, straw; berry, group 13; cotton,
gin byproducts; cranberry; fruit, pome
group 11; fruit, pome group 12; grain,
aspirated fractions; ginger; grape; okra;
nut, tree, group 14; onion, bulb; pea and
bean, dried shelled, except soybean,
subgroup 6C, except guar bean; pea and
bean, succulent shelled, subgroup 6B;
sorghum, forage, forage; sorghum, grain,
forage; soybean, hay; soybean, hulls;
soybean, seed; vegetable, Brassica leafy,
group 5; vegetable, cucurbit, group 9;
vegetable, fruiting, group 8; vegetable,
legume, edible podded, subgroup 6A;
wheat, forage; wheat, hay; and wheat,
straw.
I b. By revising the entries for beet,
sugar, tops; cattle, kidney; cotton,
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undelinted seed; goat, kidney; hog,
kidney; hop, dried cone; horse, kidney;
sheep, kidney; soybean, forage; and
wheat, grain.
I c. By removing from the table in
paragraph (a) the entries for onion, dry
bulb; sorghum, forage; and vegetable,
fruiting.
§ 180.205 Paraquat; tolerances for
residues.
Parts per
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Animal feed, nongrass, group
18, forage ..............................
Animal feed, nongrass, group
18, hay ..................................
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Barley, hay ................................
Barley, straw .............................
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Beet, sugar, tops ......................
Berry group 13 ..........................
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Cattle, kidney ............................
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Cotton, gin byproducts .............
Cotton, undelinted seed ...........
Cranberry ..................................
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Fruit, pome, group 11 ...............
Fruit, pome, group 12 ...............
Ginger .......................................
Goat, kidney .............................
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Grain, aspirated fractions .........
Grape ........................................
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Hog, kidney ...............................
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Hop, dried cones ......................
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Horse, kidney ............................
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Nut, tree, group 14 ...................
Okra ..........................................
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Onion, bulb ...............................
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Pea and bean, dried shelled,
except soybean, subgroup
6C, except guar bean ...........
Pea and bean, succulent
shelled, subgroup 6B ............
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Sheep, kidney ...........................
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Sorghum, forage, forage ..........
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Sorghum, grain, forage .............
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Soybean, forage .......................
Soybean, hay ............................
Soybean, hulls ..........................
Soybean, seed ..........................
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Vegetable, Brassica leafy,
group 5 ..................................
Vegetable, cucurbit, group 9 ....
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Vegetable, fruiting, group 8 ......
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Vegetable, legume, edible podded, subgroup 6A .................
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Wheat, forage ...........................
Wheat, grain .............................
Wheat, hay ...............................
Wheat, straw .............................
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40 CFR Part 710
RIN 2070–AC61
TSCA Inventory Update Reporting
Rule; Electronic Reporting
Environmental Protection
Agency (EPA).
110 ACTION: Direct final rule.
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ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OPPT–2005–0059; FRL–7752–8]
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AGENCY:
SUMMARY: EPA is taking direct final
action to amend the Toxic Substances
Control Act (TSCA) section 8(a)
Inventory Update Reporting (IUR)
regulations to allow the electronic
submission of information and to make
several minor corrections. For the first
time, in 2006, reporters of IUR data will
be able to use the Internet, through
EPA’s Central Data Exchange (CDX), to
submit information on their chemicals
to EPA. In addition, EPA will continue
to allow IUR submissions either on CD
ROM or on paper. EPA is also correcting
two paragraph cross-references and a
section heading. Additionally, EPA is
clarifying requirements for the reporting
of company identification information.
DATES: This direct final rule is effective
on November 6, 2006 without further
notice, unless EPA receives adverse
comment by October 6, 2006. If,
however, EPA receives adverse
comment, EPA will publish aFederal
Register document to withdraw the
portion of the rule that relates to the
specific comment that was made before
the effective date of the direct final rule.
The remainder of the rule will become
effective on November 6, 2006.
ADDRESSES: Submit your comments,
identified by docket identification (ID)
number EPA–HQ–OPPT–2005–0059, by
one of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the on-line
instructions for submitting comments.
• Mail: Document Control Office
(7407M), Office of Pollution Prevention
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Federal Register / Vol. 71, No. 172 / Wednesday, September 6, 2006 / Rules and Regulations
and Toxics (OPPT), Environmental
Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460–
0001.
• Hand Delivery: OPPT Document
Control Office (DCO), EPA East, Rm.
6428, 1201 Constitution Ave., NW.,
Washington, DC. Attention: Docket ID
number EPA–HQ–OPPT–2005–0059.
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 DCO’s
normal hours of operation, and special
arrangements should be made for
deliveries of boxed information.
Instructions: Direct your comments to
docket ID number EPA–HQ–OPPT–
2005–0059. EPA’s policy is that all
comments received will be included in
the public docket without change and
may be made available in the on-line
docket athttps://www.regulations.gov,
including any personal information
provided, unless the comment includes
information claimed to be Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute. Do not submit
information that you consider to be CBI
or otherwise protected through
regulations.gov or e-mail. The
regulations.gov website is an
‘‘anonymous access’’ system, 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
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.
Docket: All documents in the docket
are listed in the docket index at https://
www.regulations.gov. Although listed in
the index, some information is not
publicly available, e.g., 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
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materials are available either
electronically in the on-line docket at
https://www.regulations.gov 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–
0001; 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
Reporting (IUR) regulations at 40 CFR
part 710. Any use of the term
‘‘manufacture’’ in this document will
encompass import, unless otherwise
stated.
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
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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. What Should I Consider as I Prepare
My Comments for EPA?
1. Submitting CBI. Do not submit CBI
to EPA through regulations.gov or email. 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
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keep current an inventory of chemical
substances manufactured or processed
in the United States. This inventory is
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 rule 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 rule (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
rule were made in July of 2004 (69 FR
40787, July 7, 2004) (FRL–7332–3), and
additional revisions to the IUR rule
were made on December 19, 2005 (70
FR 75059) (FRL–7743–9).
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. Pursuant to TSCA section 8(a)(3)(B),
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 rule
are used to update the information
maintained on the TSCA Inventory. EPA
uses the TSCA Inventory and data
reported under the IUR rule to support
many TSCA-related activities and to
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provide overall support for a number of
EPA and other federal health, safety,
and environmental protection activities.
The IUR rule, as amended by the 2003
Amendments and subsequent revisions,
requires U.S. manufacturers (including
importers) of chemicals listed on the
TSCA Inventory to report to EPA every
5 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
pounds 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 are partially
exempt regardless of production volume
(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 during the 2006 submission
period as well as during subsequent
submission periods.
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C. What Action is the Agency Taking?
Through this action, EPA is amending
the methods available for obtaining
documents, including reporting
instructions, and for submitting reports.
Additionally, EPA is making several
minor corrections, including clarifying
requirements for the reporting of
company identification information.
1. Methods to obtain reporting
instructions and submit reports.
Because IUR reporting occurs only once
every 5 years, the methods used to make
available or otherwise distribute
reporting materials, and for submitting
the required information to EPA, often
change from one submission period to
another. EPA is therefore providing
instructions to obtain the most up-todate information concerning IUR
submissions.
For the 2006 submission period, EPA
is allowing submissions, including
those containing CBI, over the Internet
using EPA’s Central Data Exchange
(CDX). Submitting IUR information
through CDX is EPA’s preferred
submission method because this method
enables EPA to notify the submitter that
the Agency has received their
submission, it reduces reporting errors,
and it enables data to be available more
quickly. Coupled with EPA’s new
reporting software, eIUR, the Agency
believes electronic reporting will
become the preferred method of
reporting for industry as well as for
EPA.
The reporting form, reporting
software, instruction manual, and other
guidance materials are available on
EPA’s website at www.epa.gov/oppt/iur
or through EPA’s hotline, and can be
obtained as described in the regulatory
text. EPA plans to continue to notify
sites that submitted during the previous
submission period of the advent of the
next submission period. The
notification will include information on
how to obtain the documents described
in this paragraph.
Although EPA prefers that
submissions be made using CDX, the
Agency will continue to accept
submissions on CD ROM or in hard
copy. Instructions for submitting IUR
information in these formats are also
included on the website and in the
instructions manual.
2. Corrections. Section 710.52
describes the information to be reported
by persons described in § 710.48. EPA is
correcting two of the cross-references in
this section. Section 710.57 describes
recordkeeping requirements. EPA is
correcting the title for this section.
These changes are purely
administrative, make the relevant
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regulatory provision internally
consistent and correct, and do not have
any substantive effect on any other part
of the regulations at 40 CFR part 710.
a. Section 710.52(c)(4)(i)(F) states that:
[f]or each combination of industrial
processing or use operation, NAICS code and
industrial function category, the submitter
must estimate the number of workers
reasonably likely to be exposed to each
reportable chemical substance. For each
combination associated with each substance,
the submitter must select from among the
worker ranges listed in paragraph (c)(3)(vi) of
this section and report the corresponding
code (i.e., W1 though W8).
The reference to paragraph (c)(3)(vi) is
incorrect as that paragraph does not
contain worker ranges. Instead, the
appropriate cross reference is to
paragraph (c)(3)(v). As a result, EPA is
correcting § 710.52(c)(4)(i)(F) by
changing the cross-reference to the
worker ranges from ‘‘paragraph
(c)(3)(vi)’’ to ‘‘paragraph (c)(3)(v).’’
b. Section 710.52(c)(4)(ii)(D) states
that:
[w]here the reportable chemical substance
is used in commercial or consumer products,
the estimated typical maximum
concentration, measured by weight, of the
chemical substance in each commercial and
consumer product category reported under
paragraph (c)(4)(ii)(A) of this section. For
each substance in each commercial and
consumer product category reported under
paragraph (c)(4)(ii)(A) of this section,
submitters must select from among the ranges
of concentrations listed in the table in
paragraph (c)(3)(vii) of this section and report
the corresponding code (i.e., M1 through
M5).
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The reference to paragraph (c)(3)(vii) is
incorrect as that paragraph does not
contain ranges of concentrations.
Instead, the appropriatecross-reference
is to paragraph (c)(3)(vi). As a result,
EPA is correcting § 710.52(c)(4)(ii)(D) by
changing the cross-reference to the
ranges of concentrations from
‘‘paragraph (c)(3)(vii)’’ to ‘‘paragraph
(c)(3)(vi).’’
c. Section 710.57 is titled ‘‘Reporting
requirements’’ and states that ‘‘[e]ach
person who is subject to the reporting
requirements of this subpart must retain
records that document any information
reported to EPA.’’ Because the subject of
this section is recordkeeping
requirements, EPA is correcting the
section by changing the heading from
‘‘Reporting requirements’’ to
‘‘Recordkeeping requirements.’’
3. Clarification. Section 710.52(c)(2)(i)
states that:
[t]he name of a person who will serve as
technical contact for the submitter company
and who will be able to answer questions
about the information submitted by the
company to EPA, the parent company name
and Dun and Bradstreet Number, the contact
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person’s full mailing address, the contact
person’s telephone number, and the contact
person’s e-mail address must be reported for
each site at which at least 25,000 lbs. (11,340
kg) of a reportable chemical substance is
manufactured (including imported).
2. USEPA. ‘‘News About: The 2006
IUR Rule...change for easier, more
accurate filing,’’ November 2005.
The use of the term ‘‘parent company’’
has created confusion, and therefore
EPA is clarifying this requirement by
changing the phrase‘‘parent company’’
to ‘‘company.’’ Submitters are to report
the company name associated with the
manufacturing (including importing)
site and do not need to identify a parent
company, if any, that would be
associated with the company that
reports information under this rule.
A. Executive Order 12866
This direct final rule implements one
change and several minor corrections 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).
III. Direct Final Rule Procedures
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. 3501 et
seq.
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 November 6, 2006 without
further notice unless the Agency
receives adverse comment by October 6,
2006. If EPA receives adverse comment
on one or more distinct amendments,
paragraphs, or sections of this
rulemaking, the Agency will publish a
timely withdrawal in the Federal
Register indicating which provisions
will become effective and which
provisions are being withdrawn due to
adverse comment. Any distinct
amendment, paragraph, or section of
today’s rulemaking for which the
Agency does not receive adverse
comment will become effective on
November 6, 2006, notwithstanding any
adverse comment on any other distinct
amendment, paragraph, or section of
today’s rule. For any distinct
amendment, paragraph, or section of
today’s rule that is withdrawn due to
adverse comment, EPA will publish a
notice of proposed rulemaking in a
future edition of the Federal Register.
The Agency will address the comments
on any such distinct amendment,
paragraph, or section 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 theADDRESSES
unit. Docket ID number EPA–HQ–
OPPT–2005–0059 contains the
rulemaking record. This record includes
the documents located in the docket.
1. USEPA. ‘‘Instructions for Reporting
for the 2006 Partial Updating of the
TSCA Chemical Inventory Database,’’
Draft. May 2006.
PO 00000
Frm 00095
Fmt 4700
Sfmt 4700
V. Statutory and Executive Order
Reviews
C. Regulatory Flexibility Act
Since this action makes one change,
several minor corrections, and a
clarification 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
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
E:\FR\FM\06SER1.SGM
06SER1
52498
Federal Register / Vol. 71, No. 172 / Wednesday, September 6, 2006 / Rules and Regulations
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, entitledConsultation 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,
entitled Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use (66 FR 28355, May
22, 2001).
jlentini on PROD1PC65 with RULES
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
VerDate Aug<31>2005
16:42 Sep 05, 2006
Jkt 205001
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
theFederal 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, Central
Data Exchange, CDX, Chemicals,
Electronic reporting, Hazardous
materials, Reporting and recordkeeping
requirements.
Dated: August 25, 2006.
James B. Gulliford,
Assistant Administrator, Office of Prevention,
Pesticides and Toxic Substances.
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
Authority: 15 U.S.C. 2607(a).
encourages reporting sites subject to this
part to submit the required information
to EPA electronically.
(c) Obtain the reporting package and
copies of the form. You can obtain the
reporting form or software, reporting
instructions, and other associated
documents as follows:
(1) By website. Go to the EPA
Inventory Update Reporting Internet
home page at https://www.epa.gov/oppt/
iur and follow the appropriate links.
EPA encourages reporting sites subject
to this subpart to visit this home page.
(2) By phone. Call the EPA TSCA
Hotline at (202) 554–1404.
(3) By e-mail. Send an e-mail request
for this information to the EPA TSCA
Hotline at TSCA-Hotline@epa.gov.
(4) By mail. Send a written request for
this information to the following
address: TSCA Hotline, Mail Code
7408M, ATTN: Inventory Update
Reporting, Office of Pollution
Prevention and Toxics, U.S.
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460–0001.
[FR Doc. E6–14716 Filed 9–5–06; 8:45 am]
§ 710.52
[Amended]
BILLING CODE 6560–50–S
2. Section 710.52 is amended as
follows:
a. By revising the phrase ‘‘parent
company’’ to read ‘‘company’’ in
paragraph (c)(2)(i).
b. By revising the phrase ‘‘paragraph
(c)(3)(vi)’’ to read ‘‘paragraph (c)(3)(v)’’
in paragraph (c)(4)(i)(F).
c. By revising the phrase ‘‘paragraph
(c)(3)(vii)’’ to read ‘‘paragraph (c)(3)(vi)’’
in paragraph (c)(4)(ii)(D).
I
§ 710.57
[Amended]
3. Section 710.57 is amended by
revising the section heading to read:
I
‘‘§ 710.57
Recordkeeping requirements.’’
4. Section 710.59 is revised to read as
follows:
I
§ 710.59 Availability of reporting form and
instructions.
(a) Use the proper EPA form. You
must use the EPA form identified as
‘‘Form U’’ to submit written information
in response to the requirements of this
subpart. Instructions for obtaining
copies of Form U are in paragraph (c) of
this section.
(b) Follow the reporting instructions.
You should follow the detailed
instructions for completing and
submitting an electronic or hard copy
report. Instructions given in the EPA
publication titled, ‘‘Instructions for
Reporting for the 2006 Partial Updating
of the TSCA Chemical Inventory
Database,’’ are available as described in
paragraph (c) of this section. EPA
PO 00000
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Fmt 4700
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GENERAL SERVICES
ADMINISTRATION
41 CFR Part 102–76
[FMR Amendment 2005–03; FMR Case
2005–102–8]
Federal Management Regulation; Real
Property Policies Update; Technical
Amendment
Office of Governmentwide
Policy, General Services
Administration.
ACTION: Final rule.
AGENCY:
SUMMARY: This document amends the
Federal Management Regulation (FMR)
to extend the implementation date of
the Real Property Policies section
entitled ‘‘What standards must facilities
subject to the Architectural Barriers Act
meet?,’’ which was published in the
Federal Register, at 70 FR 67846, on
November 8, 2005. The implementation
date of the section previously was
extended to August 7, 2006, but only
with respect to leasing actions. The
implementation date of the section,
currently August 7, 2006, is hereby
further extended to February 6, 2007,
but only for leasing actions (other than
those where the Government expressly
requires new construction to meet its
needs) where solicitations have not been
issued by February 6, 2007. The May 8,
2006, implementation date remains
E:\FR\FM\06SER1.SGM
06SER1
Agencies
[Federal Register Volume 71, Number 172 (Wednesday, September 6, 2006)]
[Rules and Regulations]
[Pages 52494-52498]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-14716]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 710
[EPA-HQ-OPPT-2005-0059; FRL-7752-8]
RIN 2070-AC61
TSCA Inventory Update Reporting Rule; Electronic Reporting
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking direct final action to amend the Toxic
Substances Control Act (TSCA) section 8(a) Inventory Update Reporting
(IUR) regulations to allow the electronic submission of information and
to make several minor corrections. For the first time, in 2006,
reporters of IUR data will be able to use the Internet, through EPA's
Central Data Exchange (CDX), to submit information on their chemicals
to EPA. In addition, EPA will continue to allow IUR submissions either
on CD ROM or on paper. EPA is also correcting two paragraph cross-
references and a section heading. Additionally, EPA is clarifying
requirements for the reporting of company identification information.
DATES: This direct final rule is effective on November 6, 2006 without
further notice, unless EPA receives adverse comment by October 6, 2006.
If, however, EPA receives adverse comment, EPA will publish aFederal
Register document to withdraw the portion of the rule that relates to
the specific comment that was made before the effective date of the
direct final rule. The remainder of the rule will become effective on
November 6, 2006.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPPT-2005-0059, by one of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the on-line instructions for submitting comments.
Mail: Document Control Office (7407M), Office of Pollution
Prevention
[[Page 52495]]
and Toxics (OPPT), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
Hand Delivery: OPPT Document Control Office (DCO), EPA
East, Rm. 6428, 1201 Constitution Ave., NW., Washington, DC. Attention:
Docket ID number EPA-HQ-OPPT-2005-0059. 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 DCO's normal hours of operation, and special arrangements
should be made for deliveries of boxed information.
Instructions: Direct your comments to docket ID number EPA-HQ-OPPT-
2005-0059. EPA's policy is that all comments received will be included
in the public docket without change and may be made available in the
on-line docket athttps://www.regulations.gov, including any personal
information provided, unless the comment includes information claimed
to be Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Do not submit information
that you consider to be CBI or otherwise protected through
regulations.gov or e-mail. The regulations.gov website is an
``anonymous access'' system, 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 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.
Docket: All documents in the docket are listed in the docket index
at https://www.regulations.gov. Although listed in the index, some
information is not publicly available, e.g., 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 the on-line docket at
https://www.regulations.gov 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 20460-0001; 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 Reporting (IUR) regulations at 40 CFR part 710. Any
use of the term ``manufacture'' in this document will encompass import,
unless otherwise stated.
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. What Should I Consider as I Prepare My Comments for EPA?
1. Submitting CBI. Do not submit CBI to EPA through 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
[[Page 52496]]
keep current an inventory of chemical substances manufactured or
processed in the United States. This inventory is 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 rule
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 rule (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 rule were made
in July of 2004 (69 FR 40787, July 7, 2004) (FRL-7332-3), and
additional revisions to the IUR rule were made on December 19, 2005 (70
FR 75059) (FRL-7743-9).
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. Pursuant to TSCA section 8(a)(3)(B), 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 rule are used to update the
information maintained on the TSCA Inventory. EPA uses the TSCA
Inventory and data reported under the IUR rule 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 rule, as amended by the 2003 Amendments and
subsequent revisions, requires U.S. manufacturers (including importers)
of chemicals listed on the TSCA Inventory to report to EPA every 5
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 pounds 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 are partially exempt
regardless of production volume (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 during the
2006 submission period as well as during subsequent submission periods.
C. What Action is the Agency Taking?
Through this action, EPA is amending the methods available for
obtaining documents, including reporting instructions, and for
submitting reports. Additionally, EPA is making several minor
corrections, including clarifying requirements for the reporting of
company identification information.
1. Methods to obtain reporting instructions and submit reports.
Because IUR reporting occurs only once every 5 years, the methods used
to make available or otherwise distribute reporting materials, and for
submitting the required information to EPA, often change from one
submission period to another. EPA is therefore providing instructions
to obtain the most up-to-date information concerning IUR submissions.
For the 2006 submission period, EPA is allowing submissions,
including those containing CBI, over the Internet using EPA's Central
Data Exchange (CDX). Submitting IUR information through CDX is EPA's
preferred submission method because this method enables EPA to notify
the submitter that the Agency has received their submission, it reduces
reporting errors, and it enables data to be available more quickly.
Coupled with EPA's new reporting software, eIUR, the Agency believes
electronic reporting will become the preferred method of reporting for
industry as well as for EPA.
The reporting form, reporting software, instruction manual, and
other guidance materials are available on EPA's website at www.epa.gov/
oppt/iur or through EPA's hotline, and can be obtained as described in
the regulatory text. EPA plans to continue to notify sites that
submitted during the previous submission period of the advent of the
next submission period. The notification will include information on
how to obtain the documents described in this paragraph.
Although EPA prefers that submissions be made using CDX, the Agency
will continue to accept submissions on CD ROM or in hard copy.
Instructions for submitting IUR information in these formats are also
included on the website and in the instructions manual.
2. Corrections. Section 710.52 describes the information to be
reported by persons described in Sec. 710.48. EPA is correcting two of
the cross-references in this section. Section 710.57 describes
recordkeeping requirements. EPA is correcting the title for this
section. These changes are purely administrative, make the relevant
[[Page 52497]]
regulatory provision internally consistent and correct, and do not have
any substantive effect on any other part of the regulations at 40 CFR
part 710.
a. Section 710.52(c)(4)(i)(F) states that:
[f]or each combination of industrial processing or use
operation, NAICS code and industrial function category, the
submitter must estimate the number of workers reasonably likely to
be exposed to each reportable chemical substance. For each
combination associated with each substance, the submitter must
select from among the worker ranges listed in paragraph (c)(3)(vi)
of this section and report the corresponding code (i.e., W1 though
W8).
The reference to paragraph (c)(3)(vi) is incorrect as that paragraph
does not contain worker ranges. Instead, the appropriate cross
reference is to paragraph (c)(3)(v). As a result, EPA is correcting
Sec. 710.52(c)(4)(i)(F) by changing the cross-reference to the worker
ranges from ``paragraph (c)(3)(vi)'' to ``paragraph (c)(3)(v).''
b. Section 710.52(c)(4)(ii)(D) states that:
[w]here the reportable chemical substance is used in commercial
or consumer products, the estimated typical maximum concentration,
measured by weight, of the chemical substance in each commercial and
consumer product category reported under paragraph (c)(4)(ii)(A) of
this section. For each substance in each commercial and consumer
product category reported under paragraph (c)(4)(ii)(A) of this
section, submitters must select from among the ranges of
concentrations listed in the table in paragraph (c)(3)(vii) of this
section and report the corresponding code (i.e., M1 through M5).
The reference to paragraph (c)(3)(vii) is incorrect as that paragraph
does not contain ranges of concentrations. Instead, the
appropriatecross-reference is to paragraph (c)(3)(vi). As a result, EPA
is correcting Sec. 710.52(c)(4)(ii)(D) by changing the cross-reference
to the ranges of concentrations from ``paragraph (c)(3)(vii)'' to
``paragraph (c)(3)(vi).''
c. Section 710.57 is titled ``Reporting requirements'' and states
that ``[e]ach person who is subject to the reporting requirements of
this subpart must retain records that document any information reported
to EPA.'' Because the subject of this section is recordkeeping
requirements, EPA is correcting the section by changing the heading
from ``Reporting requirements'' to ``Recordkeeping requirements.''
3. Clarification. Section 710.52(c)(2)(i) states that:
[t]he name of a person who will serve as technical contact for
the submitter company and who will be able to answer questions about
the information submitted by the company to EPA, the parent company
name and Dun and Bradstreet Number, the contact person's full
mailing address, the contact person's telephone number, and the
contact person's e-mail address must be reported for each site at
which at least 25,000 lbs. (11,340 kg) of a reportable chemical
substance is manufactured (including imported).
The use of the term ``parent company'' has created confusion, and
therefore EPA is clarifying this requirement by changing the
phrase``parent company'' to ``company.'' Submitters are to report the
company name associated with the manufacturing (including importing)
site and do not need to identify a parent company, if any, that would
be associated with the company that reports information under this
rule.
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 November 6, 2006
without further notice unless the Agency receives adverse comment by
October 6, 2006. If EPA receives adverse comment on one or more
distinct amendments, paragraphs, or sections of this rulemaking, the
Agency will publish a timely withdrawal in the Federal Register
indicating which provisions will become effective and which provisions
are being withdrawn due to adverse comment. Any distinct amendment,
paragraph, or section of today's rulemaking for which the Agency does
not receive adverse comment will become effective on November 6, 2006,
notwithstanding any adverse comment on any other distinct amendment,
paragraph, or section of today's rule. For any distinct amendment,
paragraph, or section of today's rule that is withdrawn due to adverse
comment, EPA will publish a notice of proposed rulemaking in a future
edition of the Federal Register. The Agency will address the comments
on any such distinct amendment, paragraph, or section 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 theADDRESSES unit. Docket ID number EPA-HQ-OPPT-2005-0059 contains
the rulemaking record. This record includes the documents located in
the docket.
1. USEPA. ``Instructions for Reporting for the 2006 Partial
Updating of the TSCA Chemical Inventory Database,'' Draft. May 2006.
2. USEPA. ``News About: The 2006 IUR Rule...change for easier, more
accurate filing,'' November 2005.
V. Statutory and Executive Order Reviews
A. Executive Order 12866
This direct final rule implements one change and several minor
corrections 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. 3501 et seq.
C. Regulatory Flexibility Act
Since this action makes one change, several minor corrections, and
a clarification 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 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
[[Page 52498]]
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,
entitledConsultation 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, entitled 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 theFederal 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, Central Data Exchange, CDX, Chemicals,
Electronic reporting, Hazardous materials, Reporting and recordkeeping
requirements.
Dated: August 25, 2006.
James B. Gulliford,
Assistant Administrator, Office of Prevention, Pesticides and Toxic
Substances.
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).
Sec. 710.52 [Amended]
0
2. Section 710.52 is amended as follows:
a. By revising the phrase ``parent company'' to read ``company'' in
paragraph (c)(2)(i).
b. By revising the phrase ``paragraph (c)(3)(vi)'' to read
``paragraph (c)(3)(v)'' in paragraph (c)(4)(i)(F).
c. By revising the phrase ``paragraph (c)(3)(vii)'' to read
``paragraph (c)(3)(vi)'' in paragraph (c)(4)(ii)(D).
Sec. 710.57 [Amended]
0
3. Section 710.57 is amended by revising the section heading to read:
``Sec. 710.57 Recordkeeping requirements.''
0
4. Section 710.59 is revised to read as follows:
Sec. 710.59 Availability of reporting form and instructions.
(a) Use the proper EPA form. You must use the EPA form identified
as ``Form U'' to submit written information in response to the
requirements of this subpart. Instructions for obtaining copies of Form
U are in paragraph (c) of this section.
(b) Follow the reporting instructions. You should follow the
detailed instructions for completing and submitting an electronic or
hard copy report. Instructions given in the EPA publication titled,
``Instructions for Reporting for the 2006 Partial Updating of the TSCA
Chemical Inventory Database,'' are available as described in paragraph
(c) of this section. EPA encourages reporting sites subject to this
part to submit the required information to EPA electronically.
(c) Obtain the reporting package and copies of the form. You can
obtain the reporting form or software, reporting instructions, and
other associated documents as follows:
(1) By website. Go to the EPA Inventory Update Reporting Internet
home page at https://www.epa.gov/oppt/iur and follow the appropriate
links. EPA encourages reporting sites subject to this subpart to visit
this home page.
(2) By phone. Call the EPA TSCA Hotline at (202) 554-1404.
(3) By e-mail. Send an e-mail request for this information to the
EPA TSCA Hotline at TSCA-Hotline@epa.gov.
(4) By mail. Send a written request for this information to the
following address: TSCA Hotline, Mail Code 7408M, ATTN: Inventory
Update Reporting, Office of Pollution Prevention and Toxics, U.S.
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001.
[FR Doc. E6-14716 Filed 9-5-06; 8:45 am]
BILLING CODE 6560-50-S