TSCA Inventory Update Reporting Rule; Electronic Reporting, 52494-52498 [E6-14716]

Download as PDF 52494 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, jlentini on PROD1PC65 with RULES I VerDate Aug<31>2005 16:42 Sep 05, 2006 Jkt 205001 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 million * * * * Animal feed, nongrass, group 18, forage .............................. Animal feed, nongrass, group 18, hay .................................. * * * * Barley, hay ................................ Barley, straw ............................. * * * * Beet, sugar, tops ...................... Berry group 13 .......................... * * * * Cattle, kidney ............................ * * * * Cotton, gin byproducts ............. Cotton, undelinted seed ........... Cranberry .................................. * * * * Fruit, pome, group 11 ............... Fruit, pome, group 12 ............... Ginger ....................................... Goat, kidney ............................. * * * * Grain, aspirated fractions ......... Grape ........................................ * * * * Hog, kidney ............................... * * * * Hop, dried cones ...................... * * * * Horse, kidney ............................ * * * * Nut, tree, group 14 ................... Okra .......................................... * * * * Onion, bulb ............................... * * * * Pea and bean, dried shelled, except soybean, subgroup 6C, except guar bean ........... Pea and bean, succulent shelled, subgroup 6B ............ * * * * Sheep, kidney ........................... * * * * Sorghum, forage, forage .......... * * * * Sorghum, grain, forage ............. * * * * Soybean, forage ....................... Soybean, hay ............................ Soybean, hulls .......................... Soybean, seed .......................... * * * * Vegetable, Brassica leafy, group 5 .................................. Vegetable, cucurbit, group 9 .... * * * * Vegetable, fruiting, group 8 ...... Frm 00092 * * * 0.05 * 0.50 1.1 3.5 50 * [FR Doc. E6–14642 Filed 9–5–06; 8:45 am] Commodity PO 00000 Vegetable, legume, edible podded, subgroup 6A ................. * * * * Wheat, forage ........................... Wheat, grain ............................. Wheat, hay ............................... Wheat, straw ............................. * (a) * * * Parts per million Commodity Fmt 4700 Sfmt 4700 * 75 210 3.5 1.0 * 0.05 0.05 40 CFR Part 710 RIN 2070–AC61 TSCA Inventory Update Reporting Rule; Electronic Reporting Environmental Protection Agency (EPA). 110 ACTION: Direct final rule. 0.50 * ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OPPT–2005–0059; FRL–7752–8] * * BILLING CODE 6560–50–S 3.5 0.05 * 0.05 0.05 0.10 0.50 * 65 0.05 * 0.50 * 0.50 * 0.50 * 0.05 0.05 * 0.10 * 0.30 0.05 * 0.50 * 0.10 * 0.10 * 0.40 10 4.5 0.70 * 0.05 0.05 * 0.05 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 E:\FR\FM\06SER1.SGM 06SER1 jlentini on PROD1PC65 with RULES 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 VerDate Aug<31>2005 16:42 Sep 05, 2006 Jkt 205001 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 PO 00000 Frm 00093 Fmt 4700 Sfmt 4700 52495 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 E:\FR\FM\06SER1.SGM 06SER1 52496 Federal Register / Vol. 71, No. 172 / Wednesday, September 6, 2006 / Rules and Regulations jlentini on PROD1PC65 with RULES 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 VerDate Aug<31>2005 16:42 Sep 05, 2006 Jkt 205001 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. PO 00000 Frm 00094 Fmt 4700 Sfmt 4700 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 E:\FR\FM\06SER1.SGM 06SER1 Federal Register / Vol. 71, No. 172 / Wednesday, September 6, 2006 / Rules and Regulations 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). jlentini on PROD1PC65 with RULES 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 VerDate Aug<31>2005 16:42 Sep 05, 2006 Jkt 205001 52497 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 Frm 00096 Fmt 4700 Sfmt 4700 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]


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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.

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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 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]
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