Reportable Quantity Adjustment for Isophorone Diisocyanate, 53331-53335 [E6-14849]
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Federal Register / Vol. 71, No. 175 / Monday, September 11, 2006 / Rules and Regulations
Register of Copyrights. The motion
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proceeding. The legal interpretation
embodied in the timely delivered
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a. In paragraph (a)(2), by adding
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the’’ in its place, and by removing ‘‘LM–
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I b. In paragraph (a)(3), by removing
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§ 354.2
§ 360.24
[Amended]
38. Section 354.2 is amended as
follows:
I a. In paragraph (a), by removing
‘‘Board’’ each place it appears and
adding ‘‘Judges’’ in its place; and
I b. In paragraph (b), by removing
‘‘Board’’ each place it appears and
adding ‘‘Judges’’ in its place and by
adding ‘‘The legal interpretation
embodied in the timely delivered
response of the Register of Copyrights in
resolving material questions of
substantive law is binding upon the
Copyright Royalty Judges and will be
applied by them in their final
determination in the relevant
proceeding.’’ after ‘‘expired.’’.
I
§ 354.3
[Amended]
39. Section 354.3 is amended by
removing ‘‘Board’’ each place it appears
and adding ‘‘Judges’’ in its place.
I
§ 354.4 through 354.5
I
[Removed]
40. Remove § 354.4 through § 354.5.
I
[Amended]
45. Section 360.24 is amended as
follows:
I a. In paragraph (a)(2), by adding
‘‘Copyright Office’’ before ‘‘Public
Information Office’’ each place it
appears, by removing ‘‘located at the
U.S. Copyright Office,’’ and adding ‘‘in
the’’ in its place, and by removing ‘‘LM–
401,’’ after ‘‘Building,’’; and
I b. In paragraph (a)(3), by removing
‘‘LM–403,’’.
I
Dated: August 29, 2006.
James Scott Sledge,
Chief Copyright Royalty Judge, Copyright
Royalty Board.
Approved by:
James H. Billington,
The Librarian of Congress.
[FR Doc. E6–14893 Filed 9–8–06; 8:45 am]
BILLING CODE 1410–72–P
ENVIRONMENTAL PROTECTION
AGENCY
Subchapter C—Submission of Royalty
Claims
40 CFR Part 355
41. Add a new Subchapter C as set
forth above and redesignate Part 360
from Subchapter B to Subchapter C.
[EPA–HQ–SFUND–2005–0520; FRL–8217–4]
I
PART 360—FILING OF CLAIMS TO
ROYALTY FEES COLLECTED UNDER
COMPULSORY LICENSE
42. The authority citation for part 360
continues to read in part as follows:
I
Authority: 17 U.S.C. 801, 803, 805.
*
*
§ 360.4
*
*
*
[Amended]
43. Section 360.4 is amended as
follows:
I a. In paragraph (a)(2), by adding
‘‘Copyright Office’’ before ‘‘Public
Information Office’’ each place it
appears, by removing ‘‘located at the
U.S. Copyright Office,’’ and adding ‘‘in
the’’ in its place, and by removing ‘‘LM–
401,’’ after ‘‘Building,’’; and
I b. In paragraph (a)(3), by removing
‘‘LM–403,’’.
I
§ 360.13
[Amended]
44. Section 360.13 is amended as
follows:
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RIN 2050–AG32
Reportable Quantity Adjustment for
Isophorone Diisocyanate
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
SUMMARY: The Environmental Protection
Agency (EPA) is taking direct final
action to adjust the reportable quantity
(RQ) for Isophorone Diisocyanate (IPDI).
Reportable quantities for many
Extremely Hazardous Substances (EHS)
under the Emergency Planning and
Community Right-to-Know Act (EPCRA)
were adjusted to their threshold
planning quantities (TPQ) in a final rule
on May 7, 1996. On September 8, 2003,
EPA modified the TPQ for IPDI to 500
pounds.
However, EPA inadvertently omitted
an RQ adjustment for this substance.
Therefore, EPA is now adjusting the RQ
for IPDI to be 500 pounds.
DATES: This final rule is effective on
November 13, 2006, unless EPA receives
adverse comments by October 11, 2006.
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Federal Register / Vol. 71, No. 175 / Monday, September 11, 2006 / Rules and Regulations
If adverse comment is received, EPA
will publish a timely withdrawal of this
direct final rule in the Federal Register
informing the public that the rule will
not take effect.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–HQ–SFUND–2005–0520. All
documents in the docket are listed on
the www.regulations.gov website.
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 through
www.regulations.gov or in hard copy at
the Superfund Docket, EPA/DC, EPA
West, Room 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 telephone
number for the Public Reading Room is
(202) 566–1744, and the telephone
number for the Superfund Docket is
(202) 566–0276. Note: The EPA Docket
Center suffered damage due to flooding
during the last week of June 2006. The
Docket Center is continuing to operate.
However, during the cleanup, there will
be temporary changes to Docket Center
telephone numbers, addresses, and
hours of operation for people who wish
to make hand deliveries or visit the
Public Reading Room to view
documents. Consult EPA’s Federal
Register notice at 71 FR 38147 (July 5,
2006) or the EPA Web site at https://
www.epa.gov/epahome/dockets.htm for
current information on docket
operations, locations and telephone
numbers. The Docket Center’s mailing
address for U.S. mail and the procedure
for submitting comments to
www.regulations.gov are not affected by
the flooding and will remain the same.
FOR FURTHER INFORMATION CONTACT: Sicy
Jacob, Office of Emergency
Management, 5104A, Environmental
Protection Agency, 1200 Pennsylvania
Avenue NW.; telephone number: (202)
564–8019; fax number: (202) 564–2620;
e-mail address: jacob.sicy@epa.gov.
SUPPLEMENTARY INFORMATION: EPA is
publishing this rule without prior
proposal because we view the RQ
adjustment for IPDI as noncontroversial. We anticipate no adverse
comments since this adjustment is
consistent with the approach we used in
the May 7, 1996 final rule for setting
RQs for other EHSs. We believe
conforming the RQ to the TPQ will have
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no impact on human health and the
environment since the TPQ
methodology as explained in both the
interim final rule (November 17, 1986,
51 FR 41570) and the final rule (April
22, 1987, 52 FR 13378) is based on the
possibility of harm from release.
This direct final rule will be effective
on November 13, 2006 without further
notice, unless we receive adverse
comment by October 11, 2006. In the
‘‘Proposed Rules’’ section of today’s
Federal Register publication, we are
publishing a separate document that
will serve as the proposal to adjust the
RQ for IPDI, if adverse comments are
filed. If EPA receives adverse comment
on this chemical-specific RQ
adjustment, we will publish a timely
withdrawal in the federal Register and
will address all public comments in a
subsequent final rule based on the
proposed rule. We will not institute a
second comment period on this action.
Any parties interested in commenting
on this action must do so at this time.
I. What Is the Authority for This
Action?
Section 328 of the Emergency
Planning and Community Right-toKnow Act (EPCRA) of 1986 authorizes
the Administrator to issue regulations to
carry out the statute, including EPCRA
section 304.
II. What Is the General Background for
This Action?
The Emergency Planning and
Community Right-to-Know Act (EPCRA)
was established to encourage state and
local planning and preparedness for
spills or releases of Extremely
Hazardous Substances (EHSs) and to
provide the public and local
governments with information
concerning chemical releases and the
potential chemical risks in their
communities. EPCRA contains
provisions requiring facilities to report
the presence, use and releases of EHSs
(described in sections 302 and 304) and
hazardous and toxic chemicals
(described in sections 311, 312, and 313
respectively). The implementing
regulations for these statutory
requirements are codified in 40 CFR
parts 355, 370 and 372.
Section 302 of EPCRA directs EPA to
publish the list of EHSs and their
threshold planning quantities (TPQs).
EPA published a final rule with the list
of EHSs and their TPQs on April 22,
1987 (52 FR 13378). The list of EHS is
defined in section 302(a)(2) as the ‘‘list
of substances published in November,
1985 by the Administrator in Appendix
A of the Chemical Emergency
Preparedness Program Interim
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Guidance.’’ This list was established by
EPA to identity chemical substances
which could cause serious irreversible
health effects from accidental releases
(52 FR 13378). Under section 302, a
facility which has present an EHS in
excess of its TPQ must notify its state
emergency response commission (SERC)
and work with the local emergency
planning committee (LEPC) on
emergency planning activities.
Section 304 of EPCRA requires
immediate reporting of certain releases
of EHSs and hazardous substances listed
under the Comprehensive
Environmental Response,
Compensation, and Liability Act
(CERCLA) to SERCs and LEPCs, similar
to the release reporting provisions of
CERCLA section 103. A facility is
required to notify the SERC and the
LEPC if the release of an EHS or
hazardous substance occurs at or above
the reportable quantity (RQ). In the 1987
Federal Register notice, EPA also
published the RQs for EHSs. Many of
the EHSs are also listed as CERCLA
hazardous substances and their RQs are
established under CERCLA.
CERCLA section 103 requires
facilities to notify the national response
center of any release of a hazardous
substance in an amount equal to or in
excess of its RQ. EPCRA section 304
notification is in addition to the
CERCLA section 103 notification.
Although similar, the purpose of both
reporting requirements is somewhat
different. Information derived from
CERCLA section 103 can be used for
Federal planning and coordination of
response entities and for federal
contingency plans. EPCRA reporting
generally is designed to enhance local
and state emergency response capability
to protect the public in the event of
dangerous chemical releases. The
potential hazards posed by EHSs make
state and local notification critical to
effective and timely emergency response
in the community.
EPCRA section 304(a) provides that
chemicals on the EHS list which do not
have an RQ assigned to them by
regulation will have a reportable
quantity of l pound. Certain EHSs (i.e.,
those that are not also CERCLA
hazardous substances with RQs
assigned under CERCLA) were assigned
the statutory RQ of one pound in the
April, 1987 final rule. On August 30,
1989 (54 FR 35988), EPA proposed to
revise the RQs for these EHSs. In a final
rule published on May 7, 1996, (61 FR
20473), EPA raised the statutory
reportable quantities for these EHSs,
assigning the RQ for each hazardous
substance to be the same as their TPQs.
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In the May, 1996 final rule, EPA used
the TPQ methodology to adjust the RQs
(see 61 FR 20473). As explained in that
rulemaking, the Agency believes EHS
RQs should be based on a hazardous
substance’s potential for immediate
effects; this approach reflects the fact
that EPCRA reporting of EHS releases is
required because EHSs are acutely toxic
and can potentially pose an immediate
hazard upon release. The TPQ
methodology, designed specifically for
EHSs, is based on such effects, utilizing
a ‘‘level of concern’’ based upon shortterm exposure concentrations that could
lead to serious irreversible health
effects. Where the TPQ for an EHS (that
is not a CERCLA hazardous substance)
represents a quantity that could cause
serious health consequences if an
accident were to occur with that
quantity, the Agency believes it is
appropriate to set the RQs for that EHS
using a consistent risk-based approach.
In this manner, the Agency can
harmonize EHS reporting requirements
for purposes of EPCRA section 302
(using TPQs) and EPCRA section 304
(using RQs).
III. What Is the Revision in This
Action?
On September 8, 2003 (68 FR 52978),
EPA modified the TPQ for Isophorone
Diisocyanate (IPDI) (CAS No. 4098–71–
9) to 500 pounds. IPDI was one of the
EHSs RQ that was adjusted using the
TPQ methodology. When the TPQ for
IPDI was modified in September 2003,
EPA inadvertently did not make a
corresponding RQ adjustment for IPDI.
Currently, the RQ for this chemical is
set at 100 pounds.
The RQ should have been changed to
be consistent with the adjusted TPQ,
which is 500 pounds. Therefore,
consistent with the approach described
in the May, 1996 final rule, EPA is
amending the rules to ensure the RQ for
this chemical is the same as its TPQ.
IV. Statutory and Executive Order
Reviews
A. Executive Order 12866: Regulatory
Planning and Review
This action is not a ‘‘significant
regulatory action’’ under the terms of
Executive Order (EO) 12866 (58 FR
51735, October 4, 1993) and is therefore
not subject to review under the EO.
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B. Paperwork Reduction Act
This action does not impose any new
information collection burden. Rather, it
reduces burden on those facilities that
may have an accidental release of this
chemical below 500 pounds. OMB has
previously approved the information
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collection requirements contained in the
existing regulations, 40 CFR part 355,
under the provisions of the Paperwork
Reduction Act, 44 U.S.C. 3501 et seq.
and has assigned OMB control number
2050–0092, EPA ICR No. 1395.06. A
copy of the OMB approved Information
Collection Request (ICR) may be
obtained from Susan Auby, Collection
Strategies Division; U. S. Environmental
Protection Agency (2822T); 1200
Pennsylvania Avenue., NW.,
Washington, DC 20460 or by calling
(202) 566–1672.
Burden means the total time, effort, or
financial resources expended by persons
to generate, maintain, retain, or disclose
or provide information to or for a
Federal agency. This includes the time
needed to review instructions; develop,
acquire, install, and utilize technology
and systems for the purposes of
collecting, validating, and verifying
information, processing and
maintaining information, and disclosing
and providing information; adjust the
existing ways to comply with any
previously applicable instructions and
requirements; train personnel to be able
to respond to a collection of
information; search data sources;
complete and review the collection of
information; and transmit or otherwise
disclose the information.
An agency may not conduct or
sponsor, and a person is not required to
respond to a collection of information
unless it displays a currently valid OMB
control number. The OMB control
numbers for EPA’s regulations in 40
CFR are listed in 40 CFR part 9.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act
generally requires an agency to prepare
a regulatory flexibility analysis of any
rule subject to notice and comment
rulemaking requirements under the
Administrative Procedure Act or any
other statute, unless the agency certifies
that the rule will not have a significant
economic impact on a substantial
number of small entities. Small entities
include small businesses, small
organizations, and small governmental
jurisdictions.
For purposes of assessing the impacts
of today’s rule on small entities, a small
entity is defined by the Small Business
Administration by category of business
using North American Industrial
Classification System (NAICS) and
codified at 13 CFR 121.201; (2) a small
governmental jurisdiction that is a
government of a city, county, town,
school district or special district with a
population of less than 50,000; and (3)
a small organization that is any not-forprofit enterprise which is independently
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53333
owned and operated and is not
dominant in its field.
After considering the economic
impacts of today’s direct final rule on
small entities, I certify that this action
will not have a significant economic
impact on a substantial number of small
entities. In determining whether a rule
has a significant economic impact on a
substantial number of small entities, the
impact of concern is any significant
adverse economic impact on small
entities, since the primary purpose of
the regulatory flexibility analyses is to
identify and address regulatory
alternatives ‘‘which minimize any
significant economic impact of the rule
on small entities.’’ 5 U.S.C. 603 and 604.
Thus, an agency may certify that a rule
will not have a significant economic
impact on a substantial number of small
entities if the rule relieves regulatory
burden, or otherwise has a positive
economic effect on all of the small
entities subject to the rule.
This action does not have any
significant economic impact on small
entities. This action is intended to
reduce burden on facilities that may
have an accidental release of Isophorone
Diisocyanate below 500 pounds. We
have therefore concluded that today’s
direct final rule will relieve regulatory
burden for all affected small entities.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA), Public
Law 104–4, establishes requirements for
Federal agencies to assess the effects of
their regulatory actions on State, local,
and tribal governments and the private
sector. Under section 202 of UMRA,
EPA generally must prepare a written
statement, including a cost-benefit
analysis, for proposed and final rules
with ‘‘Federal mandates’’ that may
result in expenditures to State, local,
and tribal governments, in the aggregate,
or to the private sector, of $100 million
or more in any one year.
Before promulgating an EPA rule for
which a written statement is needed,
section 205 of UMRA generally requires
EPA to identify and consider a
reasonable number of regulatory
alternatives and adopt the least costly,
most cost-effective or least burdensome
alternative that achieves the objectives
of the rule. The provisions of section
205 do not apply when they are
inconsistent with applicable law.
Moreover, section 205 allows EPA to
adopt an alternative other than the least
costly, most-effective or least
burdensome alternative if the
Administrator publishes with the final
rule an explanation why that alternative
was not adopted.
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Federal Register / Vol. 71, No. 175 / Monday, September 11, 2006 / Rules and Regulations
Before EPA establishes any regulatory
requirements that may significantly or
uniquely affect small governments,
including tribal governments, it must
have developed under section 203 of
UMRA a small government agency plan.
The plan must provide for notifying
potentially affected small governments,
enabling officials of affected small
governments to have meaningful and
timely input in the development of EPA
regulatory proposals with significant
Federal intergovernmental mandates,
and informing, educating, and advising
small governments on compliance with
the regulatory requirements.
EPA has determined that this action
contains no regulatory requirements that
might significantly or uniquely affect
small governments. As explained above,
this action would reduce burden on
those facilities that may have accidental
releases of Isophorone Diisocyanate in
small quantities. Therefore, we have
determined that today’s rule is not
subject to the requirements of sections
202, 203 or 205 of UMRA.
E. Executive Order 13132: Federalism
Executive Order 13132, entitled
‘‘Federalism’’ (64 FR 43255, August 10,
1999), 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 action does not have federalism
implications. It would not 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, as specified in
Executive Order 13132. This action
would not preempt State law or
regulations. Thus, Executive Order
13132 does not apply to this rule.
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F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
Executive Order 13175, entitled
‘‘Consultation and Coordination with
Indian Tribal Governments’’ (65 FR
67249), November 9, 2000, requires EPA
to develop an accountable process to
ensure ‘‘meaningful and timely input by
tribal officials in the development of
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regulatory policies that have tribal
implications.’’ This action does not have
tribal implications, as specified in
Executive Order 13175.
This action is intended to reduce
burden on regulated entities that may
have releases of this chemical in small
quantities. Thus, Executive Order 13175
does not apply to this rule.
G. Executive Order 13045: Protection of
Children From Environmental Health
and Safety Risks
Executive Order 13045, ‘‘Protection of
Children from Environmental Health
Risks and Safety Risks’’ (62 FR 19885,
April 23, 1997), applies to any rule that:
(1) Is determined to be ‘‘economically
significant’’ as defined under Executive
Order 12866; and (2) concerns an
environmental health or safety risk that
EPA has reason to believe may have a
disproportionate effect on children. If
the regulatory action meets both criteria,
the Agency must evaluate the
environmental health or safety effects of
the planned rule on children, and
explain why the planned regulation is
preferable to other potentially effective
and reasonably feasible alternatives
considered by the Agency. EPA
interprets Executive Order 13045 as
applying only to those regulatory
actions that are based on health or safety
risks, such that the analysis required
under section 5–501 of the Order has
the potential to influence the regulation.
This action is not subject to Executive
Order 13045 because the Agency does
not have reason to believe the
environmental health or safety risks
addressed by this action present a
disproportionate risk to children.
H. Executive Order 13211: Actions that
Significantly Affect Energy Supply,
Distribution, or Use
This action is not a ‘‘significant
energy action’’ as defined in Executive
Order 13211, ‘‘Actions Concerning
Regulations That Significantly Affect
Energy Supply, Distribution, or Use’’ (66
FR 28355, May 22, 2001) because it is
not likely to have a significant adverse
effect on the supply, distribution, or use
of energy.
I. National Technology Transfer and
Advancement Act
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) directs EPA to use voluntary
consensus standards in its regulatory
activities unless to do so would be
inconsistent with applicable law or
otherwise impractical. Voluntary
consensus standards are technical
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standards such as materials
specifications, test methods, sampling
procedures, and business practices that
are developed or adopted by voluntary
consensus standards bodies. The
NTTAA directs EPA to provide
Congress, through OMB, explanations
when the Agency decides not to use
available and applicable voluntary
consensus standards.
This action does not involve technical
standards. Therefore, NTTAA does not
apply.
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 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 the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 355
Environmental Protection, Chemicals,
Hazardous Substances, Extremely
Hazardous Substances, Reportable
Quantities.
Dated: August 31, 2006.
Stephen L. Johnson,
Administrator.
For the reasons set out in the
preamble, part 355 of title 40 of the
Code of Federal Regulations is amended
as follows:
I
PART 355—EMERGENCY PLANNING
AND NOTIFICATION
1. The authority citation for part 355
continues to read as follows:
I
Authority: 42 U.S.C. 11002, 11004, and
11048.
Appendix A—[Amended]
2. In Appendix A, the table is
amended by revising the entry for CAS
No.‘‘4098–71–9’’ (chemical name—
Isophorone Diisocyanate) to read as
follows:
I
Appendix A to Part 355—The List of
Extremely Hazardous Substances and
Their Threshold Planning Quantities
E:\FR\FM\11SER1.SGM
11SER1
53335
Federal Register / Vol. 71, No. 175 / Monday, September 11, 2006 / Rules and Regulations
[ALPHABETICAL ORDER]
CAS No.
Chemical name
*
4098–71–9 ........
*
*
*
*
Isophorone Diisocyanate .........................................................................................
*
*
*
3. In Appendix B, the table is
amended by revising the entry for CAS
No. ‘‘4098–71–9’’ (chemical name—
I
Reportable
quantity
(pounds)
Notes
*
*
................
*
Isophorone Diisocyanate) to read as
follows:
Threshold
planning
quantity
(pounds)
*
500
*
500
*
Appendix B to Part 355—The List of
Extremely Hazardous Substances and
Their Threshold Planning Quantities
[CAS NO. ORDER]
CAS No.
Chemical name
*
4098–71–9 ........
*
*
*
*
Isophorone Diisocyanate .........................................................................................
*
*
*
[FR Doc. E6–14849 Filed 9–8–06; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 710
[EPA–HQ–OPPT–2006–0691; FRL–8088–5]
2006 Reporting Notice; Partial Update
of Inventory Database; Chemical
Substance Production, Processing,
and Use Site Reports
Environmental Protection
Agency (EPA).
ACTION: Announcement of 2006
reporting period.
bjneal on PROD1PC71 with RULES
AGENCY:
VerDate Aug<31>2005
16:10 Sep 08, 2006
Jkt 208001
*
reporting period is the first to require
reporting of processing and use
information for certain chemical
substances manufactured in volumes of
300,000 pounds or more at a site in
addition to manufacturing information.
While information can continue to be
submitted through the mail or other
delivery service, the Agency strongly
encourages reporting through the
Internet using EPA’s Central Data
Exchange (CDX).
The 2006 reporting period is
from August 25, 2006 to December 23,
2006.
DATES:
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; email
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:
PO 00000
Frm 00037
Fmt 4700
*
................
*
FOR FURTHER INFORMATION CONTACT:
SUMMARY: This document announces the
2006 reporting period for Inventory
Update Reporting (IUR) under the Toxic
Substances Control Act (TSCA). The
IUR rule requires manufacturers and
importers of certain chemical
substances included on the TSCA
Chemical Substances Inventory to report
current data on the manufacturing,
processing, and use of the substances.
The 2006 reporting period is from
August 25, 2006 to December 23, 2006.
This is the first reporting period since
the original inventory in which
manufacturers and importers of
inorganic chemical substances as well
as manufacturers and importers of
organic chemical substances are
required to report. Also, the 2006
Reportable
quantity
(pounds)
Notes
Sfmt 4700
*
Threshold
planning
quantity
(pounds)
*
500
500
*
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, subpart C. 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, 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
E:\FR\FM\11SER1.SGM
11SER1
Agencies
[Federal Register Volume 71, Number 175 (Monday, September 11, 2006)]
[Rules and Regulations]
[Pages 53331-53335]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-14849]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 355
[EPA-HQ-SFUND-2005-0520; FRL-8217-4]
RIN 2050-AG32
Reportable Quantity Adjustment for Isophorone Diisocyanate
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to adjust the reportable quantity (RQ) for Isophorone
Diisocyanate (IPDI). Reportable quantities for many Extremely Hazardous
Substances (EHS) under the Emergency Planning and Community Right-to-
Know Act (EPCRA) were adjusted to their threshold planning quantities
(TPQ) in a final rule on May 7, 1996. On September 8, 2003, EPA
modified the TPQ for IPDI to 500 pounds.
However, EPA inadvertently omitted an RQ adjustment for this
substance. Therefore, EPA is now adjusting the RQ for IPDI to be 500
pounds.
DATES: This final rule is effective on November 13, 2006, unless EPA
receives adverse comments by October 11, 2006.
[[Page 53332]]
If adverse comment is received, EPA will publish a timely withdrawal of
this direct final rule in the Federal Register informing the public
that the rule will not take effect.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-HQ-SFUND-2005-0520. All documents in the docket are listed on
the www.regulations.gov website. 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 through
www.regulations.gov or in hard copy at the Superfund Docket, EPA/DC,
EPA West, Room 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 telephone number for the Public
Reading Room is (202) 566-1744, and the telephone number for the
Superfund Docket is (202) 566-0276. Note: The EPA Docket Center
suffered damage due to flooding during the last week of June 2006. The
Docket Center is continuing to operate. However, during the cleanup,
there will be temporary changes to Docket Center telephone numbers,
addresses, and hours of operation for people who wish to make hand
deliveries or visit the Public Reading Room to view documents. Consult
EPA's Federal Register notice at 71 FR 38147 (July 5, 2006) or the EPA
Web site at https://www.epa.gov/epahome/dockets.htm for current
information on docket operations, locations and telephone numbers. The
Docket Center's mailing address for U.S. mail and the procedure for
submitting comments to www.regulations.gov are not affected by the
flooding and will remain the same.
FOR FURTHER INFORMATION CONTACT: Sicy Jacob, Office of Emergency
Management, 5104A, Environmental Protection Agency, 1200 Pennsylvania
Avenue NW.; telephone number: (202) 564-8019; fax number: (202) 564-
2620; e-mail address: jacob.sicy@epa.gov.
SUPPLEMENTARY INFORMATION: EPA is publishing this rule without prior
proposal because we view the RQ adjustment for IPDI as non-
controversial. We anticipate no adverse comments since this adjustment
is consistent with the approach we used in the May 7, 1996 final rule
for setting RQs for other EHSs. We believe conforming the RQ to the TPQ
will have no impact on human health and the environment since the TPQ
methodology as explained in both the interim final rule (November 17,
1986, 51 FR 41570) and the final rule (April 22, 1987, 52 FR 13378) is
based on the possibility of harm from release.
This direct final rule will be effective on November 13, 2006
without further notice, unless we receive adverse comment by October
11, 2006. In the ``Proposed Rules'' section of today's Federal Register
publication, we are publishing a separate document that will serve as
the proposal to adjust the RQ for IPDI, if adverse comments are filed.
If EPA receives adverse comment on this chemical-specific RQ
adjustment, we will publish a timely withdrawal in the federal Register
and will address all public comments in a subsequent final rule based
on the proposed rule. We will not institute a second comment period on
this action. Any parties interested in commenting on this action must
do so at this time.
I. What Is the Authority for This Action?
Section 328 of the Emergency Planning and Community Right-to-Know
Act (EPCRA) of 1986 authorizes the Administrator to issue regulations
to carry out the statute, including EPCRA section 304.
II. What Is the General Background for This Action?
The Emergency Planning and Community Right-to-Know Act (EPCRA) was
established to encourage state and local planning and preparedness for
spills or releases of Extremely Hazardous Substances (EHSs) and to
provide the public and local governments with information concerning
chemical releases and the potential chemical risks in their
communities. EPCRA contains provisions requiring facilities to report
the presence, use and releases of EHSs (described in sections 302 and
304) and hazardous and toxic chemicals (described in sections 311, 312,
and 313 respectively). The implementing regulations for these statutory
requirements are codified in 40 CFR parts 355, 370 and 372.
Section 302 of EPCRA directs EPA to publish the list of EHSs and
their threshold planning quantities (TPQs). EPA published a final rule
with the list of EHSs and their TPQs on April 22, 1987 (52 FR 13378).
The list of EHS is defined in section 302(a)(2) as the ``list of
substances published in November, 1985 by the Administrator in Appendix
A of the Chemical Emergency Preparedness Program Interim Guidance.''
This list was established by EPA to identity chemical substances which
could cause serious irreversible health effects from accidental
releases (52 FR 13378). Under section 302, a facility which has present
an EHS in excess of its TPQ must notify its state emergency response
commission (SERC) and work with the local emergency planning committee
(LEPC) on emergency planning activities.
Section 304 of EPCRA requires immediate reporting of certain
releases of EHSs and hazardous substances listed under the
Comprehensive Environmental Response, Compensation, and Liability Act
(CERCLA) to SERCs and LEPCs, similar to the release reporting
provisions of CERCLA section 103. A facility is required to notify the
SERC and the LEPC if the release of an EHS or hazardous substance
occurs at or above the reportable quantity (RQ). In the 1987 Federal
Register notice, EPA also published the RQs for EHSs. Many of the EHSs
are also listed as CERCLA hazardous substances and their RQs are
established under CERCLA.
CERCLA section 103 requires facilities to notify the national
response center of any release of a hazardous substance in an amount
equal to or in excess of its RQ. EPCRA section 304 notification is in
addition to the CERCLA section 103 notification. Although similar, the
purpose of both reporting requirements is somewhat different.
Information derived from CERCLA section 103 can be used for Federal
planning and coordination of response entities and for federal
contingency plans. EPCRA reporting generally is designed to enhance
local and state emergency response capability to protect the public in
the event of dangerous chemical releases. The potential hazards posed
by EHSs make state and local notification critical to effective and
timely emergency response in the community.
EPCRA section 304(a) provides that chemicals on the EHS list which
do not have an RQ assigned to them by regulation will have a reportable
quantity of l pound. Certain EHSs (i.e., those that are not also CERCLA
hazardous substances with RQs assigned under CERCLA) were assigned the
statutory RQ of one pound in the April, 1987 final rule. On August 30,
1989 (54 FR 35988), EPA proposed to revise the RQs for these EHSs. In a
final rule published on May 7, 1996, (61 FR 20473), EPA raised the
statutory reportable quantities for these EHSs, assigning the RQ for
each hazardous substance to be the same as their TPQs.
[[Page 53333]]
In the May, 1996 final rule, EPA used the TPQ methodology to adjust
the RQs (see 61 FR 20473). As explained in that rulemaking, the Agency
believes EHS RQs should be based on a hazardous substance's potential
for immediate effects; this approach reflects the fact that EPCRA
reporting of EHS releases is required because EHSs are acutely toxic
and can potentially pose an immediate hazard upon release. The TPQ
methodology, designed specifically for EHSs, is based on such effects,
utilizing a ``level of concern'' based upon short-term exposure
concentrations that could lead to serious irreversible health effects.
Where the TPQ for an EHS (that is not a CERCLA hazardous substance)
represents a quantity that could cause serious health consequences if
an accident were to occur with that quantity, the Agency believes it is
appropriate to set the RQs for that EHS using a consistent risk-based
approach. In this manner, the Agency can harmonize EHS reporting
requirements for purposes of EPCRA section 302 (using TPQs) and EPCRA
section 304 (using RQs).
III. What Is the Revision in This Action?
On September 8, 2003 (68 FR 52978), EPA modified the TPQ for
Isophorone Diisocyanate (IPDI) (CAS No. 4098-71-9) to 500 pounds. IPDI
was one of the EHSs RQ that was adjusted using the TPQ methodology.
When the TPQ for IPDI was modified in September 2003, EPA inadvertently
did not make a corresponding RQ adjustment for IPDI. Currently, the RQ
for this chemical is set at 100 pounds.
The RQ should have been changed to be consistent with the adjusted
TPQ, which is 500 pounds. Therefore, consistent with the approach
described in the May, 1996 final rule, EPA is amending the rules to
ensure the RQ for this chemical is the same as its TPQ.
IV. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
This action is not a ``significant regulatory action'' under the
terms of Executive Order (EO) 12866 (58 FR 51735, October 4, 1993) and
is therefore not subject to review under the EO.
B. Paperwork Reduction Act
This action does not impose any new information collection burden.
Rather, it reduces burden on those facilities that may have an
accidental release of this chemical below 500 pounds. OMB has
previously approved the information collection requirements contained
in the existing regulations, 40 CFR part 355, under the provisions of
the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. and has assigned
OMB control number 2050-0092, EPA ICR No. 1395.06. A copy of the OMB
approved Information Collection Request (ICR) may be obtained from
Susan Auby, Collection Strategies Division; U. S. Environmental
Protection Agency (2822T); 1200 Pennsylvania Avenue., NW., Washington,
DC 20460 or by calling (202) 566-1672.
Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. This includes the time
needed to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements;
train personnel to be able to respond to a collection of information;
search data sources; complete and review the collection of information;
and transmit or otherwise disclose the information.
An agency may not conduct or sponsor, and a person is not required
to respond to a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations in 40 CFR are listed in 40 CFR part 9.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act generally requires an agency to
prepare a regulatory flexibility analysis of any rule subject to notice
and comment rulemaking requirements under the Administrative Procedure
Act or any other statute, unless the agency certifies that the rule
will not have a significant economic impact on a substantial number of
small entities. Small entities include small businesses, small
organizations, and small governmental jurisdictions.
For purposes of assessing the impacts of today's rule on small
entities, a small entity is defined by the Small Business
Administration by category of business using North American Industrial
Classification System (NAICS) and codified at 13 CFR 121.201; (2) a
small governmental jurisdiction that is a government of a city, county,
town, school district or special district with a population of less
than 50,000; and (3) a small organization that is any not-for-profit
enterprise which is independently owned and operated and is not
dominant in its field.
After considering the economic impacts of today's direct final rule
on small entities, I certify that this action will not have a
significant economic impact on a substantial number of small entities.
In determining whether a rule has a significant economic impact on a
substantial number of small entities, the impact of concern is any
significant adverse economic impact on small entities, since the
primary purpose of the regulatory flexibility analyses is to identify
and address regulatory alternatives ``which minimize any significant
economic impact of the rule on small entities.'' 5 U.S.C. 603 and 604.
Thus, an agency may certify that a rule will not have a significant
economic impact on a substantial number of small entities if the rule
relieves regulatory burden, or otherwise has a positive economic effect
on all of the small entities subject to the rule.
This action does not have any significant economic impact on small
entities. This action is intended to reduce burden on facilities that
may have an accidental release of Isophorone Diisocyanate below 500
pounds. We have therefore concluded that today's direct final rule will
relieve regulatory burden for all affected small entities.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under section 202 of UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures to State, local, and tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
one year.
Before promulgating an EPA rule for which a written statement is
needed, section 205 of UMRA generally requires EPA to identify and
consider a reasonable number of regulatory alternatives and adopt the
least costly, most cost-effective or least burdensome alternative that
achieves the objectives of the rule. The provisions of section 205 do
not apply when they are inconsistent with applicable law.
Moreover, section 205 allows EPA to adopt an alternative other than
the least costly, most-effective or least burdensome alternative if the
Administrator publishes with the final rule an explanation why that
alternative was not adopted.
[[Page 53334]]
Before EPA establishes any regulatory requirements that may
significantly or uniquely affect small governments, including tribal
governments, it must have developed under section 203 of UMRA a small
government agency plan. The plan must provide for notifying potentially
affected small governments, enabling officials of affected small
governments to have meaningful and timely input in the development of
EPA regulatory proposals with significant Federal intergovernmental
mandates, and informing, educating, and advising small governments on
compliance with the regulatory requirements.
EPA has determined that this action contains no regulatory
requirements that might significantly or uniquely affect small
governments. As explained above, this action would reduce burden on
those facilities that may have accidental releases of Isophorone
Diisocyanate in small quantities. Therefore, we have determined that
today's rule is not subject to the requirements of sections 202, 203 or
205 of UMRA.
E. Executive Order 13132: Federalism
Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), 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 action does not have federalism implications. It would not
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,
as specified in Executive Order 13132. This action would not preempt
State law or regulations. Thus, Executive Order 13132 does not apply to
this rule.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249), November 9, 2000,
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 action does not have
tribal implications, as specified in Executive Order 13175.
This action is intended to reduce burden on regulated entities that
may have releases of this chemical in small quantities. Thus, Executive
Order 13175 does not apply to this rule.
G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
Executive Order 13045, ``Protection of Children from Environmental
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997), applies
to any rule that: (1) Is determined to be ``economically significant''
as defined under Executive Order 12866; and (2) concerns an
environmental health or safety risk that EPA has reason to believe may
have a disproportionate effect on children. If the regulatory action
meets both criteria, the Agency must evaluate the environmental health
or safety effects of the planned rule on children, and explain why the
planned regulation is preferable to other potentially effective and
reasonably feasible alternatives considered by the Agency. EPA
interprets Executive Order 13045 as applying only to those regulatory
actions that are based on health or safety risks, such that the
analysis required under section 5-501 of the Order has the potential to
influence the regulation. This action is not subject to Executive Order
13045 because the Agency does not have reason to believe the
environmental health or safety risks addressed by this action present a
disproportionate risk to children.
H. Executive Order 13211: Actions that Significantly Affect Energy
Supply, Distribution, or Use
This action is not a ``significant energy action'' as defined in
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR
28355, May 22, 2001) because it is not likely to have a significant
adverse effect on the supply, distribution, or use of energy.
I. National Technology Transfer and Advancement Act
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) directs EPA to use voluntary consensus standards in its
regulatory activities unless to do so would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards such as materials specifications, test methods,
sampling procedures, and business practices that are developed or
adopted by voluntary consensus standards bodies. The NTTAA directs EPA
to provide Congress, through OMB, explanations when the Agency decides
not to use available and applicable voluntary consensus standards.
This action does not involve technical standards. Therefore, NTTAA
does not apply.
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 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 the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
List of Subjects in 40 CFR Part 355
Environmental Protection, Chemicals, Hazardous Substances,
Extremely Hazardous Substances, Reportable Quantities.
Dated: August 31, 2006.
Stephen L. Johnson,
Administrator.
0
For the reasons set out in the preamble, part 355 of title 40 of the
Code of Federal Regulations is amended as follows:
PART 355--EMERGENCY PLANNING AND NOTIFICATION
0
1. The authority citation for part 355 continues to read as follows:
Authority: 42 U.S.C. 11002, 11004, and 11048.
Appendix A--[Amended]
0
2. In Appendix A, the table is amended by revising the entry for CAS
No.``4098-71-9'' (chemical name--Isophorone Diisocyanate) to read as
follows:
Appendix A to Part 355--The List of Extremely Hazardous Substances and
Their Threshold Planning Quantities
[[Page 53335]]
[Alphabetical Order]
----------------------------------------------------------------------------------------------------------------
Threshold
Reportable planning
CAS No. Chemical name Notes quantity quantity
(pounds) (pounds)
----------------------------------------------------------------------------------------------------------------
* * * * * * *
4098-71-9...................... Isophorone Diisocyanate.. .......................... 500 500
* * * * * * *
----------------------------------------------------------------------------------------------------------------
0
3. In Appendix B, the table is amended by revising the entry for CAS
No. ``4098-71-9'' (chemical name--Isophorone Diisocyanate) to read as
follows:
Appendix B to Part 355--The List of Extremely Hazardous Substances and
Their Threshold Planning Quantities
[CAS No. Order]
----------------------------------------------------------------------------------------------------------------
Threshold
Reportable planning
CAS No. Chemical name Notes quantity quantity
(pounds) (pounds)
----------------------------------------------------------------------------------------------------------------
* * * * * * *
4098-71-9...................... Isophorone Diisocyanate.. .......................... 500 500
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[FR Doc. E6-14849 Filed 9-8-06; 8:45 am]
BILLING CODE 6560-50-P