Designation of Hazardous Substances; Designation, Reportable Quantities, and Notification, 55583-55585 [2011-22887]
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Federal Register / Vol. 76, No. 174 / Thursday, September 8, 2011 / Rules and Regulations
(1) Rule 2.41, ‘‘Expandable
Polystyrene Manufacturing Operations,’’
adopted on September 10, 2008.
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[FR Doc. 2011–22975 Filed 9–7–11; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 116 and 302
[EPA–HQ–SFUND–2011–0565; FRL–9460–9]
Designation of Hazardous Substances;
Designation, Reportable Quantities,
and Notification
Environmental Protection
Agency (EPA).
ACTION: Final rule; technical
amendment.
AGENCY:
EPA is issuing a technical
amendment to correct, by removal of
SUMMARY:
three Chemical Abstracts Service
Registry Numbers that were erroneously
included in the list of hazardous
substances under the Comprehensive
Environmental Response,
Compensation, and Liability Act.
DATES: This final rule is effective on
September 8, 2011.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–HQ–SFUND–2011–0565. All
documents in the docket are listed on
the https://www.regulations.gov Web
site. 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
https://www.regulations.gov or in hard
55583
copy at the Superfund Docket, EPA/DC,
EPA West, Room 3334, 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.
FOR FURTHER INFORMATION CONTACT:
Lynn Beasley, Regulation and Policy
Development Division, Office of
Emergency Management (5104A),
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460; telephone number: (202)
564–1965; fax number: (202) 564–2625;
e-mail address: beasley.lynn@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
Type of entity
Examples of affected entities
Federal Agencies ........................
National Response Center and any Federal agency that may release or respond to releases of hazardous
substances.
State Emergency Response Commissions, and Local Emergency Planning Committees.
Those entities responsible for the release of a hazardous substance from a vessel or facility. Those entities
with an interest in the substances incorrectly identified by their Chemical Abstracts Service Registry Number(s) as a hazardous substance.
State and Local Governments ....
Responsible Parties ....................
and Reportable Quantities; and
Appendix A to section 302.4—
Sequential CAS Registry Number List of
CERCLA Hazardous Substances. The
three correct Chemical Abstracts Service
Registry Numbers remain on these
tables.
On March 13, 1978, EPA issued a
final rule in the Federal Register that
designated hazardous substances under
the authority of section 311(b)(2)(A) of
the Federal Water Pollution Control Act
(aka, Clean Water Act or CWA). On
B. How can I get copies of this document April 4, 1985, EPA issued a final rule in
and other related information?
the Federal Register that designated
The current information is as follows: hazardous substances and adjusted the
• Docket ID No. EPA–HQ–SFUND–
reportable quantities under the
2011–0565.
authority of section 102(a) of the
• Federal eRulemaking Portal: https:// Comprehensive Environmental
www.regulations.gov.
Response, Compensation, and Liability
Act (CERCLA). In both of these rules,
II. What does this correction do?
Sodium Phosphate, tribasic was
This technical amendment is a
designated as a hazardous substance.
correction to remove three Chemical
For the convenience of the user,
Abstracts Service (CAS) Registry
hazardous substances are presented in
Numbers that were erroneously
Tables and an Appendix that include
identified with Sodium Phosphate,
the CAS Registry Number for each
tribasic, from the following Title 40 of
hazardous substance. In some cases, a
the Code of Federal Regulations: Table
116.4 A—List of Hazardous Substances; chemical name may have more than one
CAS Registry Number associated with it
Table 116.4 B—List of Hazardous
due to the chemical’s various forms;
Substances by CAS Number; Table
however, CAS Registry Numbers are
302.4—List of Hazardous Substances
erowe on DSK5CLS3C1PROD with RULES
This table is not intended to be
exhaustive, but rather provides a guide
for readers regarding entities likely to be
regulated by this action. This table lists
the types of entities that EPA is now
aware could potentially be regulated by
this action. Other types of entities not
listed in the table could also be
regulated. If you have questions
regarding the applicability of this action
to a particular entity, consult the person
listed in the preceding FOR FURTHER
INFORMATION CONTACT section.
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14:47 Sep 07, 2011
Jkt 223001
PO 00000
Frm 00031
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unique to a chemical or substance.1
That is, two substances or forms of a
substance do not have the same CAS
Registry Number. Sodium Phosphate,
tribasic has three CAS Registry Numbers
associated with its chemical name.
Those CAS Registry Numbers are 7601–
54–9, 10101–89–0, and 13061–89–4.
The first, 7601–54–9 is associated with
the sodium salt of Sodium Phosphate,
tribasic. The second, 10101–89–0 is
associated with the dodecahydrate (i.e.,
12 H2O) form of Sodium Phosphate,
tribasic. And the third, 10361–89–4 is
associated with the decahydrate (i.e., 10
H2O) form of Sodium Phosphate,
tribasic. Those CAS Registry Numbers
will continue to appear on the above
cited tables and lists in Title 40 of the
Code of Federal Regulations.
A petition from the International Food
Additives Counsel,2 dated March 14,
1 Each CAS Registry Number (often referred to as
a CAS Number): Is a unique numeric identifier,
designates only one substance, and has no chemical
significance. From the CAS Web site: https://www.
cas.org/expertise/cascontent/registry/regsys.html.
2 Petition for Rulemaking Correction, CAS
Numbers in Title 40, Code of Federal Regulations,
Section 302.4, Table 302.4—List of Hazardous
Substances and Reportable Quantities, Appendix A
to Section 302.4—Sequential CAS Registry Number
List of CERCLA Hazardous Substances, and Section
116.4 Designation of Hazardous Substances.
E:\FR\FM\08SER1.SGM
08SER1
55584
Federal Register / Vol. 76, No. 174 / Thursday, September 8, 2011 / Rules and Regulations
2007, brought to the attention of the
Agency that several CAS Registry
Numbers were erroneously identified
with the designated hazardous
substance, Sodium Phosphate, tribasic.
The erroneous CAS Registry Numbers in
fact belong to three non-hazardous
chemicals; Sodium Trimetaphosphate
(STMP), Sodium Tripolyphosphate
(STPP), and Sodium
Hexametaphosphate (SHMP). The
erroneous CAS Registry Numbers
associated with Sodium Phosphate,
tribasic have caused, and will continue
to cause regulatory confusion until they
are removed from the effected Tables
and Appendix. As such, EPA is
removing the three CAS Registry
Numbers that are erroneously associated
with Sodium Phosphate, tribasic and
leaving the correct CAS Registry
Numbers in each of the effected Tables
and Appendix.
erowe on DSK5CLS3C1PROD with RULES
III. Why is this correction issued as a
final rule?
Section 553 of the Administrative
Procedure Act (APA), 5 U.S.C.
553(b)(B), provides that, when an
Agency for good cause finds that notice
and public procedure are impracticable,
unnecessary or contrary to the public
interest, the agency may issue a final
rule without providing notice and an
opportunity for public comment. EPA
has determined that there is good cause
for making this technical amendment
final without prior proposal and
opportunity for comment, because EPA
is merely correcting information that is
confusing to the public because it
provides erroneous information about a
hazardous substance. Three of the six
CAS Registry Numbers identified with
the hazardous substance, Sodium
Phosphate, tribasic in fact belong to
three non-hazardous substances. CAS
Registry Numbers are provided for the
convenience of the public to aid in the
identification of the designated
hazardous substances. The association
of the three CAS Registry Numbers that
belong to three non-hazardous
substances with Sodium Phosphate,
tribasic was an error. It is important that
the public has accurate and correct
regulatory information. EPA finds that
this constitutes good cause under 5
U.S.C. 553(b)(B).
IV. Do any of the statutory and
Executive Order reviews apply to this
action?
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this action is
VerDate Mar<15>2010
14:47 Sep 07, 2011
Jkt 223001
not a ‘‘significant regulatory action’’ and
is therefore not subject to OMB review.
Because this action is not subject to
notice and comment requirements
under the Administrative Procedures
Act or any other statute, it is not subject
to the Regulatory Flexibility Act (5
U.S.C. 601 et seq.) or Sections 202 and
205 of the Unfunded Mandates Reform
Act of 1999 (UMRA) (Pub. L. 104–4). In
addition, this action does not
significantly or uniquely affect small
governments. This action does not
create new binding legal requirements
that substantially and directly affect
Tribes under Executive Order 13175 (63
FR 67249, November 9, 2000). This
action does not have significant
Federalism implications under
Executive Order 13132 (64 FR 43255,
August 10, 1999). Because this final rule
has been exempted from review under
Executive Order 12866, this 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) or Executive Order 13045,
entitled Protection of Children from
Environmental Health Risks and Safety
Risks (62 FR 19885, April 23, 1997).
This 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., nor does it require any special
considerations under Executive Order
12898, entitled Federal Actions to
Address Environmental Justice in
Minority Populations and Low-Income
Populations (59 FR 7629, February 16,
1994). This action does not involve
technical standards; thus, the
requirements of Section 12(d) of the
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) do not apply.
A. Congressional Review Act
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. Section 808 allows
the issuing agency to make a rule
effective sooner than otherwise
provided by the CRA if the agency
makes a good cause finding that notice
and public procedure is impracticable,
PO 00000
Frm 00032
Fmt 4700
Sfmt 4700
unnecessary or contrary to the public
interest. This determination must be
supported by a brief statement. 5 U.S.C.
808(2). As stated previously, EPA has
made such a good cause finding,
including the reasons therefore, and
established an effective date of
September 8, 2011. EPA will submit a
report containing this rule and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. This action is not
a ‘‘major rule’’ as defined by 5 U.S.C.
804(2).
List of Subjects
40 CFR Part 116
Environmental protection, Hazardous
substances, Reporting and
recordkeeping requirements, Water
pollution control.
40 CFR Part 302
Environmental protection, Air
pollution control, Chemicals, Hazardous
substances, Hazardous waste,
Intergovernmental relations, Natural
resources, Reporting and recordkeeping
requirements, Superfund, Water
pollution control, Water supply.
Dated: August 30, 2011.
Mathy Stanislaus,
Assistant Administrator, Office of Solid Waste
and Emergency Response.
For the reasons set out above, title 40,
chapter I of the Code of Federal
Regulations is amended as follows:
PART 116—DESIGNATION OF
HAZARDOUS SUBSTANCES
1. The authority citation for part 116
continues to read as follows:
■
Authority: Secs. 311(b)(2)(A) and 501(a),
Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.)
2. In § 116.4:
a. Table 116.4A—List of Hazardous
Substances is amended by revising the
entry for Sodium phosphate, tribasic;
and
■ b. Table 116.4B—List of Hazardous
Substances by CAS Number is amended
by removing the following entries:
7758294, 7785844, and 10124568.
The revision reads as follows:
■
■
§ 116.4 Designation of hazardous
substances.
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55585
Federal Register / Vol. 76, No. 174 / Thursday, September 8, 2011 / Rules and Regulations
TABLE 116.4A—LIST OF HAZARDOUS SUBSTANCES
Common name
CAS No.
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Sodium phosphate, tribasic ..........................
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7601549
10101890
10361894
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Synonyms
Isomers
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Authority: 42 U.S.C. 9602, 9603, and 9604;
33 U.S.C. 1321 and 1361.
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PART 302—DESIGNATION,
REPORTABLE QUANTITIES, AND
NOTIFICATION
4. In § 302.4:
a. Table 302.4—List of Hazardous
Substances and Reportable Quantities is
amended by revising the entry for
Sodium phosphate, tribasic; and
■ b. Appendix A to § 302.4—Sequential
CAS Registry Number List of CERCLA
■
■
3. The authority citation for part 302
continues to read as follows:
■
CAS No.
Hazardous Substances is amended by
removing the following entries:
7758294, 7785844, and 10124568.
The revision reads as follows:
§ 302.4 Designation of hazardous
substances.
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TABLE 302.4—LIST OF HAZARDOUS SUBSTANCES AND REPORTABLE QUANTITIES
Hazardous substance
CASRN
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Sodium phosphate, tribasic ..................................................................
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[FR Doc. 2011–22887 Filed 9–7–11; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Parts 73 and 79
[MB Docket No. 11–43; FCC 11–126]
Video Description: Implementation of
the Twenty-First Century
Communications and Video
Accessibility Act of 2010
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
This Order reinstates the
video description rules adopted by the
Commission in 2000. ‘‘Video
description,’’ which is the insertion of
audio narrated descriptions of a
television program’s key visual elements
into natural pauses in the program’s
dialogue, makes video programming
more accessible to individuals who are
blind or visually impaired. The Order
reinstates the requirement that largemarket broadcast affiliates of the top
four national networks, and
erowe on DSK5CLS3C1PROD with RULES
SUMMARY:
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14:47 Sep 07, 2011
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Statutory code†
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7601–54–9
10101–89–0
10361–89–4
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1
Effective date: October 11, 2011,
except for 47 CFR 79.3(d) and (e), which
contain information collection
requirements that have not been
approved by OMB. The Federal
Communications Commission will
publish a document in the Federal
Register announcing the effective date.
The incorporation by reference of
certain publications listed in the rule is
approved by the Director of the Federal
Register as of October 11, 2011.
Compliance date: October 1, 2012.
DATES:
Lyle
Elder, Lyle.Elder@fcc.gov of the Policy
Division, Media Bureau, (202) 418–
2120.
FOR FURTHER INFORMATION CONTACT:
Frm 00033
Fmt 4700
Final RQ pounds
(Kg)
*
............................
*
5000 (2270)
*
multichannel video programming
distributor systems (‘‘MVPDs’’) with
more than 50,000 subscribers, provide
video description. It also reinstates the
requirement that that all networkaffiliated broadcasters (commercial or
non-commercial) and all MVPDs pass
through any video description provided
with network programming they carry,
to the extent that they are technically
capable of doing so and when that
technical capability is not being used for
another purpose related to the
programming.
PO 00000
RCRA waste No.
Sfmt 4700
*
*
This is a
summary of the Federal
Communications Commission’s Report
and Order in MB Docket No. 11–43, FCC
11–126, adopted August 24, 2011, and
released August 25, 2011. The full text
of this document is available for public
inspection and copying during regular
business hours in the FCC Reference
Center, Federal Communications
Commission, 445 12th Street, SW., CY–
A257, Washington, DC 20554. These
documents will also be available via
ECFS (https://www.fcc.gov/cgb/ecfs/).
(Documents will be available
electronically in ASCII, Word 97, and/
or Adobe Acrobat.) The complete text
may be purchased from the
Commission’s copy contractor, 445 12th
Street, SW., Room CY–B402,
Washington, DC 20554. To request this
document in accessible formats
(computer diskettes, large print, audio
recording, and Braille), send an e-mail
to fcc504@fcc.gov or call the
Commission’s Consumer and
Governmental Affairs Bureau at (202)
418–0530 (voice), (202) 418–0432
(TTY).
SUPPLEMENTARY INFORMATION:
E:\FR\FM\08SER1.SGM
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]]>Agencies
[Federal Register Volume 76, Number 174 (Thursday, September 8, 2011)]
[Rules and Regulations]
[Pages 55583-55585]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-22887]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 116 and 302
[EPA-HQ-SFUND-2011-0565; FRL-9460-9]
Designation of Hazardous Substances; Designation, Reportable
Quantities, and Notification
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; technical amendment.
-----------------------------------------------------------------------
SUMMARY: EPA is issuing a technical amendment to correct, by removal of
three Chemical Abstracts Service Registry Numbers that were erroneously
included in the list of hazardous substances under the Comprehensive
Environmental Response, Compensation, and Liability Act.
DATES: This final rule is effective on September 8, 2011.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-HQ-SFUND-2011-0565. All documents in the docket are listed on
the https://www.regulations.gov Web site. 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
https://www.regulations.gov or in hard copy at the Superfund Docket,
EPA/DC, EPA West, Room 3334, 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.
FOR FURTHER INFORMATION CONTACT: Lynn Beasley, Regulation and Policy
Development Division, Office of Emergency Management (5104A),
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460; telephone number: (202) 564-1965; fax number:
(202) 564-2625; e-mail address: beasley.lynn@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
----------------------------------------------------------------------------------------------------------------
Type of entity Examples of affected entities
----------------------------------------------------------------------------------------------------------------
Federal Agencies....................................... National Response Center and any Federal agency that
may release or respond to releases of hazardous
substances.
State and Local Governments............................ State Emergency Response Commissions, and Local
Emergency Planning Committees.
Responsible Parties.................................... Those entities responsible for the release of a
hazardous substance from a vessel or facility. Those
entities with an interest in the substances
incorrectly identified by their Chemical Abstracts
Service Registry Number(s) as a hazardous substance.
----------------------------------------------------------------------------------------------------------------
This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by this
action. This table lists the types of entities that EPA is now aware
could potentially be regulated by this action. Other types of entities
not listed in the table could also be regulated. If you have questions
regarding the applicability of this action to a particular entity,
consult the person listed in the preceding FOR FURTHER INFORMATION
CONTACT section.
B. How can I get copies of this document and other related information?
The current information is as follows:
Docket ID No. EPA-HQ-SFUND-2011-0565.
Federal eRulemaking Portal: https://www.regulations.gov.
II. What does this correction do?
This technical amendment is a correction to remove three Chemical
Abstracts Service (CAS) Registry Numbers that were erroneously
identified with Sodium Phosphate, tribasic, from the following Title 40
of the Code of Federal Regulations: Table 116.4 A--List of Hazardous
Substances; Table 116.4 B--List of Hazardous Substances by CAS Number;
Table 302.4--List of Hazardous Substances and Reportable Quantities;
and Appendix A to section 302.4--Sequential CAS Registry Number List of
CERCLA Hazardous Substances. The three correct Chemical Abstracts
Service Registry Numbers remain on these tables.
On March 13, 1978, EPA issued a final rule in the Federal Register
that designated hazardous substances under the authority of section
311(b)(2)(A) of the Federal Water Pollution Control Act (aka, Clean
Water Act or CWA). On April 4, 1985, EPA issued a final rule in the
Federal Register that designated hazardous substances and adjusted the
reportable quantities under the authority of section 102(a) of the
Comprehensive Environmental Response, Compensation, and Liability Act
(CERCLA). In both of these rules, Sodium Phosphate, tribasic was
designated as a hazardous substance. For the convenience of the user,
hazardous substances are presented in Tables and an Appendix that
include the CAS Registry Number for each hazardous substance. In some
cases, a chemical name may have more than one CAS Registry Number
associated with it due to the chemical's various forms; however, CAS
Registry Numbers are unique to a chemical or substance.\1\ That is, two
substances or forms of a substance do not have the same CAS Registry
Number. Sodium Phosphate, tribasic has three CAS Registry Numbers
associated with its chemical name. Those CAS Registry Numbers are 7601-
54-9, 10101-89-0, and 13061-89-4. The first, 7601-54-9 is associated
with the sodium salt of Sodium Phosphate, tribasic. The second, 10101-
89-0 is associated with the dodecahydrate (i.e., 12 H2O)
form of Sodium Phosphate, tribasic. And the third, 10361-89-4 is
associated with the decahydrate (i.e., 10 H2O) form of
Sodium Phosphate, tribasic. Those CAS Registry Numbers will continue to
appear on the above cited tables and lists in Title 40 of the Code of
Federal Regulations.
---------------------------------------------------------------------------
\1\ Each CAS Registry Number (often referred to as a CAS
Number): Is a unique numeric identifier, designates only one
substance, and has no chemical significance. From the CAS Web site:
https://www.cas.org/expertise/cascontent/registry/regsys.html.
---------------------------------------------------------------------------
A petition from the International Food Additives Counsel,\2\ dated
March 14,
[[Page 55584]]
2007, brought to the attention of the Agency that several CAS Registry
Numbers were erroneously identified with the designated hazardous
substance, Sodium Phosphate, tribasic. The erroneous CAS Registry
Numbers in fact belong to three non-hazardous chemicals; Sodium
Trimetaphosphate (STMP), Sodium Tripolyphosphate (STPP), and Sodium
Hexametaphosphate (SHMP). The erroneous CAS Registry Numbers associated
with Sodium Phosphate, tribasic have caused, and will continue to cause
regulatory confusion until they are removed from the effected Tables
and Appendix. As such, EPA is removing the three CAS Registry Numbers
that are erroneously associated with Sodium Phosphate, tribasic and
leaving the correct CAS Registry Numbers in each of the effected Tables
and Appendix.
---------------------------------------------------------------------------
\2\ Petition for Rulemaking Correction, CAS Numbers in Title 40,
Code of Federal Regulations, Section 302.4, Table 302.4--List of
Hazardous Substances and Reportable Quantities, Appendix A to
Section 302.4--Sequential CAS Registry Number List of CERCLA
Hazardous Substances, and Section 116.4 Designation of Hazardous
Substances.
---------------------------------------------------------------------------
III. Why is this correction issued as a final rule?
Section 553 of the Administrative Procedure Act (APA), 5 U.S.C.
553(b)(B), provides that, when an Agency for good cause finds that
notice and public procedure are impracticable, unnecessary or contrary
to the public interest, the agency may issue a final rule without
providing notice and an opportunity for public comment. EPA has
determined that there is good cause for making this technical amendment
final without prior proposal and opportunity for comment, because EPA
is merely correcting information that is confusing to the public
because it provides erroneous information about a hazardous substance.
Three of the six CAS Registry Numbers identified with the hazardous
substance, Sodium Phosphate, tribasic in fact belong to three non-
hazardous substances. CAS Registry Numbers are provided for the
convenience of the public to aid in the identification of the
designated hazardous substances. The association of the three CAS
Registry Numbers that belong to three non-hazardous substances with
Sodium Phosphate, tribasic was an error. It is important that the
public has accurate and correct regulatory information. EPA finds that
this constitutes good cause under 5 U.S.C. 553(b)(B).
IV. Do any of the statutory and Executive Order reviews apply to this
action?
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and is therefore not
subject to OMB review. Because this action is not subject to notice and
comment requirements under the Administrative Procedures Act or any
other statute, it is not subject to the Regulatory Flexibility Act (5
U.S.C. 601 et seq.) or Sections 202 and 205 of the Unfunded Mandates
Reform Act of 1999 (UMRA) (Pub. L. 104-4). In addition, this action
does not significantly or uniquely affect small governments. This
action does not create new binding legal requirements that
substantially and directly affect Tribes under Executive Order 13175
(63 FR 67249, November 9, 2000). This action does not have significant
Federalism implications under Executive Order 13132 (64 FR 43255,
August 10, 1999). Because this final rule has been exempted from review
under Executive Order 12866, this 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) or Executive Order 13045, entitled Protection of Children
from Environmental Health Risks and Safety Risks (62 FR 19885, April
23, 1997). This 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., nor does it require any special considerations
under Executive Order 12898, entitled Federal Actions to Address
Environmental Justice in Minority Populations and Low-Income
Populations (59 FR 7629, February 16, 1994). This action does not
involve technical standards; thus, the requirements of Section 12(d) of
the National Technology Transfer and Advancement Act of 1995 (15 U.S.C.
272 note) do not apply.
A. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. Section 808 allows the issuing agency to make a rule
effective sooner than otherwise provided by the CRA if the agency makes
a good cause finding that notice and public procedure is impracticable,
unnecessary or contrary to the public interest. This determination must
be supported by a brief statement. 5 U.S.C. 808(2). As stated
previously, EPA has made such a good cause finding, including the
reasons therefore, and established an effective date of September 8,
2011. EPA will submit a report containing this rule and other required
information to the U.S. Senate, the U.S. House of Representatives, and
the Comptroller General of the United States prior to publication of
the rule in the Federal Register. This action is not a ``major rule''
as defined by 5 U.S.C. 804(2).
List of Subjects
40 CFR Part 116
Environmental protection, Hazardous substances, Reporting and
recordkeeping requirements, Water pollution control.
40 CFR Part 302
Environmental protection, Air pollution control, Chemicals,
Hazardous substances, Hazardous waste, Intergovernmental relations,
Natural resources, Reporting and recordkeeping requirements, Superfund,
Water pollution control, Water supply.
Dated: August 30, 2011.
Mathy Stanislaus,
Assistant Administrator, Office of Solid Waste and Emergency Response.
For the reasons set out above, title 40, chapter I of the Code of
Federal Regulations is amended as follows:
PART 116--DESIGNATION OF HAZARDOUS SUBSTANCES
0
1. The authority citation for part 116 continues to read as follows:
Authority: Secs. 311(b)(2)(A) and 501(a), Federal Water
Pollution Control Act (33 U.S.C. 1251 et seq.)
0
2. In Sec. 116.4:
0
a. Table 116.4A--List of Hazardous Substances is amended by revising
the entry for Sodium phosphate, tribasic; and
0
b. Table 116.4B--List of Hazardous Substances by CAS Number is amended
by removing the following entries: 7758294, 7785844, and 10124568.
The revision reads as follows:
Sec. 116.4 Designation of hazardous substances.
* * * * *
[[Page 55585]]
Table 116.4A--List of Hazardous Substances
----------------------------------------------------------------------------------------------------------------
Common name CAS No. Synonyms Isomers CAS No.
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Sodium phosphate, tribasic........... 7601549
10101890
10361894
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
PART 302--DESIGNATION, REPORTABLE QUANTITIES, AND NOTIFICATION
0
3. The authority citation for part 302 continues to read as follows:
Authority: 42 U.S.C. 9602, 9603, and 9604; 33 U.S.C. 1321 and
1361.
0
4. In Sec. 302.4:
0
a. Table 302.4--List of Hazardous Substances and Reportable Quantities
is amended by revising the entry for Sodium phosphate, tribasic; and
0
b. Appendix A to Sec. 302.4--Sequential CAS Registry Number List of
CERCLA Hazardous Substances is amended by removing the following
entries: 7758294, 7785844, and 10124568.
The revision reads as follows:
Sec. 302.4 Designation of hazardous substances.
* * * * *
Table 302.4--List of Hazardous Substances and Reportable Quantities
----------------------------------------------------------------------------------------------------------------
Statutory Final RQ pounds
Hazardous substance CASRN code[dagger] RCRA waste No. (Kg)
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Sodium phosphate, tribasic................ 7601-54-9 1 ................ 5000 (2270)
10101-89-0
10361-89-4
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2011-22887 Filed 9-7-11; 8:45 am]
BILLING CODE 6560-50-P
